Journal of the Senate of the State of Georgia regular session 1986, volume II, 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 II
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 POSTER ................................... Enrolling Clerk
GWINNETT COUNTY
CLARA CELANO.................................. Bill Status Clerk
COBB COUNTY
SARAH BROWNE ............................... Assistant Bill Clerk
FULTON COUNTY
LINDA THOMPSON ................................ Calendar Clerk
CLAYTON COUNTY
FAYE MOORE ................................... Information Clerk
GWINNETT COUNTY

TUESDAY, FEBRUARY 25, 1986

1189

Senate Chamber, Atlanta, Georgia Tuesday, February 25, 1986
Thirty-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 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 and Senate:
HB 1908. By Representative Murphy of the 18th: A bill to amend an Act known as the "Haralson County Water Authority Act," so as to change the number of and selection of members of the Authority; to provide for certain members of the Authority to cease to serve on the Authority.
HB 1909. By Representative McDonald of the 12th: 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 members of the Board of Education of Jackson County and to the appointment of the school superintendent of Jackson County.
HB 1910. By Representative McDonald of the 12th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the West Jackson Fire District (Res. Act No. 240).
HB 1911. By Representative McDonald of the 12th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Jackson County Industrial Development Authority (Res. Act No. 258).
HB 1912. By Representative McDonald of the 12th: 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 authority for the Georgia Bureau of Investigation to exercise certain law enforcement powers within Jackson County.
HB 1915. By Representatives Sizemore of the 136th and Hudson of the 117th: A bill to amend an Act placing the sheriff of Turner County on an annual salary in lieu of the fee system, so as to change the maximum compensation which can be granted to the sheriff.

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HB 1916. By Representatives Sizemore of the 136th and Hudson of the 117th:
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 Turner County Development Authority.
HB 1918. By Representative Smith of the 78th:
A bill to amend an Act abolishing the present method of compensating the Tax Commissioner of Butts County known as the fee system and providing in lieu thereof an annual salary, so as to change the provisions relating to the supplemental salary of the tax commissioner.
HB 1919. 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 for the compensation of the Coroner of Clarke County, so as to change the provisions regarding that compensation.
HB 1922. By Representatives Kilgore of the 42nd, Watts of the 41st and Lee of the 70th:
A bill to amend an Act creating a Magistrate's Court of Douglas County, so as to change the compensation of the chief magistrate of that court.
HB 1923. By Representatives Kilgore of the 42nd, Watts of the 41st and Lee of the 70th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Douglas County during designated registration periods as provided in Code Section 40-2-20.1 of the Official Code of Georgia Annotated.
HB 1924. By Representatives Home of the 103rd, Randall of the 101st, Lucas of the 102nd and Pinkston of the 100th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Bibb County during designated registration periods as provided in Code Section 40-2-20.1 of the Official Code of Georgia Annotated.
HB 1925. By Representatives Alford of the 57th, Workman of the 51st, Athon of the 57th, Childs of the 53rd, Williams of the 48th and others:
A bill to repeal an Act providing that neither DeKalb County nor any incorporated municipality located within DeKalb County shall require any fireman to be on duty for more than 60 hours in seven consecutive days.
HB 1926. By Representatives Alford of the 57th, Workman of the 51st, Athon of the 57th, Childs of the 53rd, Williams of the 48th and others:
A bill to repeal an Act providing that neither DeKalb County nor any municipality located wholly within DeKalb County shall require a fireman to be on duty for more than an average of 56 hours per week computed over a period of 52 consecutive weeks.
HB 1928. 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 imposes a local sales and use tax in Houston County and allocates the proceeds of the tax to the Houston County School System only if the power of said school system to levy ad valorem taxes is limited by another constitutional amendment.

TUESDAY, FEBRUARY 25, 1986

1191

HB 1929. By Representatives Thompson of the 20th, Aiken of the 21st, Cooper of the 20th, Johnson of the 21st, Isakson of the 21st and others:
A bill to amend an Act creating the State Court of Cobb County, so as to authorize additional assistant solicitors; to change the compensation of the solicitor, chief assistant solicitor, and the assistant solicitors.
HB 1932. By Representative McDonald of the 12th:
A bill to amend an Act incorporating the City of Commerce, so as to identify the corporate limits by map reference; to name the city manager as budget officer; to amend the requirements of the city manager; to provide that the maximum tax to be levied for school purposes shall be the same as provided for by general law.
HB 889. By Representatives Holmes of the 28th, Coleman of the 118th, Ramsey of the 3rd and Benn of the 38th:
A bill to amend Code Section 16-11-127 of the Official Code of Georgia Annotated, relating to prohibiting the carrying of deadly weapons to or at public gatherings, so as to provide an exception for retired peace officers; to amend Code Section 35-8-2 of the Official Code of Georgia Annotated, relating to definitions regarding employment and training of peace officers, so as to change the definition of the term "retired peace officer."
HB 934. By Representative Bostick of the 138th:
A bill to amend Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions applicable to offenses against public health and morals, so as to prohibit the baiting of animals.
HB 1257. By Representative Dobbs of the 74th:
A bill to amend Code Section 40-8-6 of the Official Code of Georgia Annotated, relating to altering the suspension system of certain motor vehicles operated on public streets or highways, so as to provide that it shall be unlawful to alter the suspension system of trucks, which may be operated on public streets or highways, more than two inches above or below the factory recommendation for such trucks.
HB 1530. By Representatives Steinberg of the 46th, Bray of the 91st, Lawler of the 20th and Moultrie of the 93rd:
A bill to amend Code Section 21-5-5 of the Official Code of Georgia Annotated, relating to the filing of campaign financial disclosure reports, so as to require the filing of campaign financing disclosure written reports not later than December 31 of the year in which certain contributions are accepted or certain expenditures are made whether or not certain persons or candidates have actually qualified for nomination for election or election.
HB 1384. By Representative Richardson of the 52nd:
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 seventy-fifth anniversary of the founding of Georgia State University.
HB 1757. By Representatives Redding of the 50th, Robinson of the 58th, Richardson of the 52nd, Childs of the 53rd, Dean of the 29th and others:
A bill to amend Code Section 31-3-2 of the Official Code of Georgia Annotated, relating to the composition of county boards of health, so as to change the provisions relating to the chief executive officer of the largest municipality of a county

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being a member of a county board of health; to authorize the adoption of certain county ordinances when the legal situs of the largest municipality lies within an adjoining county.
HB 328. By Representative Ross of the 82nd:
A bill to amend Code Section 20-2-102 of the Official Code of Georgia Annotated, relating to the qualifications of county school superintendents, so as to completely revise and provide for the qualifications of county and independent school superintendents.
HB 540. By Representatives Pettit of the 19th and Ramsey of the 3rd:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to grant exclusive original jurisdictions in the juvenile courts over certain traffic offenses committed by persons under 17 years of age; to provide that there shall be no exceptions to the jurisdiction of the juvenile court over these offenses.
HB 1348. By Representatives Walker of the 115th, Benefield of the 72nd and Smyre of the 92nd:
A bill to amend Code Section 50-19-7 of the Official Code of Georgia Annotated, relating to reimbursement for mileage and travel expenses for public officials and employees, so as to change the mileage allowance.
HB 847. By Representatives Coleman of the 118th, Childers of the 15th, Smith of the 16th, McKelvey of the 15th and Porter of the 119th:
A bill to amend Code Section 43-6-12 of the Official Code of Georgia Annotated, relating to issuance of certain auctioneer licenses by reciprocity, so as to authorize the Georgia Auctioneers Commission to issue licenses to certain applicants who are nonresidents of this state.
HB 1907. By Representatives Thompson of the 20th, Cooper of the 20th, Atkins of the 21st, Isakson of the 21st and Johnson of the 21st:
A bill to amend an Act creating the State Court of Cobb County, so as to change the compensation of the judges of the state court.
HB 1913. By Representatives Bostick of the 138th and Carter of the 146th:
A bill to amend an Act creating a board of commissioners of Tift County, so as to change the composition of that board and provide for commissioner districts therefor and elections therefrom; to provide for the powers, duties, and obligations of that board.
HB 1914. By Representatives Bostick of the 138th and Carter of the 146th:
A bill to amend an Act providing for the Tift County Board of Education, so as to provide for the composition of the Board of Education of Tift County and provide for education districts therefor and elections therefrom; to provide for the powers, duties, and obligations of that board.
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, approved March 22, 1974 (Ga. L. 1974, p. 3180), as amended, so as to change the provisions relating to the corporate limits of said city.

TUESDAY, FEBRUARY 25, 1986

1193

SB 479. By Senator Dawkins of the 45th:
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. 118 of the 1952 General Assembly and which was duly ratified at the 1952 general election (Ga. L. 1952, p. 545) and which relates to appointment of the Rockdale County school superintendent.
SB 481. By Senator Dawkins of the 45th:
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. 18 of the 1949 General Assembly and which was duly ratified at the 1950 general election (Ga. L. 1949, p. 2106) and which relates to election of the Rockdale County board of education.
The House has adopted by the requisite constitutional majority the following resolutions of the House:
HR 662. By Representatives Martin of the 60th, Lee of the 72nd, Wood of the 9th, Russell of the 64th, Barnett of the 59th and others:
A resolution proposing an amendment to the Constitution so as to provide that no public authority which is authorized to construct, improve, or maintain any road or street on behalf of, pursuant to a contract with, or through the use of taxes or other revenues of a county or municipal corporation shall be created by any local Act or pursuant to any general Act nor shall any law specifically relating to any such authority be amended.
HR 660. By Representatives Redding of the 50th, Richardson of the 52nd, Robinson of the 58th, Williams of the 54th, Alford of the 57th and others:
A resolution creating the DeKalb County Government Study Commission.
HR 809. By Representative McDonald of the 12th:
A resolution designating the week of October 12 through 18, 1986, as Temporary Help Services Week in Georgia.
The House has agreed to the Senate amendments to the following bills of the House:
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 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 refunds, 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.

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JOURNAL OF THE SENATE

The House has agreed to the Senate amendment to the House substitute, to the following 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 House has agreed to the Senate substitute to the following bill of the House:
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 qualifications for licensure as a salesperson; to change certain educational requirements; to change the time for renewal of licenses.
The House has disagreed to the Senate substitute to the following bill of the House:
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 termination of that board and the repeal of the laws relating thereto.
The House insists on its position in amending the Senate amendment, and has appointed a Committee of Conference on the part of the House to confer with a like committee on the part of the Senate on 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 Speaker has appointed on the part of the House, Representatives Chambless of the 133rd, Groover of the 99th and Thomas of the 69th.
The House has adopted the report of the Committee of Conference on the following bill of the Senate:
SB 77. By Senator Barnes of the 33rd:
A bill to amend Chapter 5 of Title 51 of the Official Code of Georgia Annotated, relating to libel and slander, so as to change the nature of relevant and competent evidence in libel actions; to provide that evidence of a plaintiffs request for retraction shall be relevant and competent if the request is made in writing at least 14 days prior to the filing of the action.

TUESDAY, FEBRUARY 25, 1986

1195

The following bills and resolution of the Senate were introduced, read the first time and referred to committees:
SB 593. By Senator Baldwin of the 29th:
A bill to amend an Act creating the Downtown LaGrange Development Authority, as amended, so as to change the limits of the Downtown LaGrange District. Referred to Committee on Urban and County Affairs.
SB 594. By Senator Gillis of the 20th:
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 certain oversize vehicles to return to points of origin on all state highways and National System of Interstate and Defense Highways; to provide for certain loads. Referred to Committee on Transportation.
SB 595. By Senator McGill of the 24th:
A bill to provide for the election of the members of the board of education of Wilkes County; to provide for education districts; to provide the composition of the board; to provide for qualifications and residency requirements; to provide for terms of office; to provide for continuation in office of members of the present board; to provide for elections; to provide for filling vacancies. Referred to Committee on Urban and County Affairs.
SB 596. By Senator Trulock of the 10th:
A bill to provide for the composition of the Board of Education of Decatur County; to provide for the election of members of the board from education districts; to provide for filling vacancies on the board; to provide for the appointment of the county school superintendent by the board; to provide for other matters relative to the foregoing; to provide for a referendum; to repeal specific Acts.
Referred to Committee on Urban and County Affairs.
SB 597. By Senator Reddish of the 6th:
A bill to amend an Act placing the tax commissioner of Wayne County on a salary basis in lieu of a fee basis so as to change the compensation of that tax commissioner; to delete certain provisions regarding employees needed in the issuing of license plates; to provide an effective date. Referred to Committee on Urban and County Affairs.
SB 598. By Senator Dean of the 31st:
A bill to amend an Act creating the office of tax commissioner of Polk County, as amended, so as to change the compensation of the tax commissioner; to provide an effective date. Referred to Committee on Urban and County Affairs.
SR 453. By Senator Broun of the 46th:
A resolution creating the Local Public Safety Officers' Compensation 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 328. By Representative Ross of the 82nd:
A bill to amend Code Section 20-2-102 of the Official Code of Georgia Annotated, relating to the qualifications of county school superintendents, so as to com-

1196

JOURNAL OF THE SENATE

pletely revise and provide for the qualifications of county and independent school superintendents. Referred to Committee on Education.
HB 540. By Representatives Pettit of the 19th and Ramsey of the 3rd:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to grant exclusive original jurisdictions in the juvenile courts over certain traffic offenses committed by persons under 17 years of age; to provide that there shall be no exceptions to the jurisdiction of the juvenile court over these offenses. Referred to Committee on Children and Youth.
HB 847. By Representatives Coleman of the 118th, Childers of the 15th, Smith of the 16th, McKelvey of the 15th and Porter of the 119th:
A bill to amend Code Section 43-6-12 of the Official Code of Georgia Annotated, relating to issuance of certain auctioneer licenses by reciprocity, so as to authorize the Georgia Auctioneers Commission to issue licenses to certain applicants who are nonresidents of this state. Referred to Committee on Industry and Labor.
HB 889. By Representatives Holmes of the 28th, Coleman of the 118th, Ramsey of the 3rd and Benn of the 38th:
A bill to amend Code Section 16-11-127 of the Official Code of Georgia Annotated, relating to prohibiting the carrying of deadly weapons to or at public gatherings, so as to provide an exception for retired peace officers; to amend Code Section 35-8-2 of the Official Code of Georgia Annotated, relating to definitions regarding employment and training of peace officers, so as to change the definition of the term "retired peace officer". Referred to Committee on Public Safety.
HB 934. By Representative Bostick of the 138th:
A bill to amend Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions applicable to offenses against public health and morals, so as to prohibit the baiting of animals. Referred to Committee on Judiciary and Constitutional Law.
HB 1257. By Representative Dobbs of the 74th:
A bill to amend Code Section 40-8-6 of the Official Code of Georgia Annotated, relating to altering the suspension system of certain motor vehicles operated on public streets or highways, so as to provide that it shall be unlawful to alter the suspension system of trucks, which may be operated on public streets or highways, more than two inches above or below the factory recommendation for such trucks. Referred to Committee on Transportation.
HB 1348. By Representatives Walker of the 115th, Benefield of the 72nd and Smyre of the 92nd:
A bill to amend Code Section 50-19-7 of the Official Code of Georgia Annotated, relating to reimbursement for mileage and travel expenses for public officials and employees, so as to change the mileage allowance. Referred to Committee on Appropriations.
HB 1384. By Representative Richardson of the 52nd:
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 25, 1986

1197

as to provide for the issuance of special license plates to commemorate the seventy-fifth anniversary of the founding of Georgia State University.
Referred to Committee on Governmental Operations.
HB 1530. By Representatives Steinberg of the 46th, Bray of the 91st, Lawler of the 20th and Moultrie of the 93rd:
A bill to amend Code Section 21-5-5 of the Official Code of Georgia Annotated, relating to the filing of campaign financial disclosure reports, so as to require the filing of campaign financing disclosure written reports not later than December 31 of the year in which certain contributions are accepted or certain expenditures are made whether or not certain persons or candidates have actually qualified for nomination for election or election.
Referred to Committee on Governmental Operations.
HB 1757. By Representatives Redding of the 50th, Robinson of the 58th, Richardson of the 52nd, Childs of the 53rd, Dean of the 29th and others:
A bill to amend Code Section 31-3-2 of the Official Code of Georgia Annotated, relating to the composition of county boards of health, so as to change the provisions relating to the chief executive officer of the largest municipality of a county being a member of a county board of health; to authorize the adoption of certain county ordinances when the legal situs of the largest municipality lies within an adjoining county.
Referred to Committee on Urban and County Affairs (General).
HR 660. By Representatives Redding of the 50th, Richardson of the 52nd, Robinson of the 58th, Williams of the 54th, Alford of the 57th and others:
A resolution creating the DeKalb County Government Study Commission.
Referred to Committee on Rules.
HR 662. By Representatives Martin of the 60th, Lee of the 72nd, Wood of the 9th, Russell of the 64th, Barnett of the 59th and others:
A resolution proposing an amendment to the Constitution so as to provide that no public authority which is authorized to construct, improve, or maintain any road or street on behalf of, pursuant to a contract with, or through the use of taxes or other revenues of a county or municipal corporation shall be created by any local Act or pursuant to any general Act nor shall any law specifically relating to any such authority be amended.
Referred to Committee on Judiciary and Constitutional Law.
HR 809. By Representative McDonald of the 12th:
A resolution designating the week of October 12 through 18, 1986, as Temporary Help Services Week in Georgia.
Referred to Committee on Rules.
HB 1907. By Representatives Thompson of the 20th, Cooper of the 20th, Atkins of the 21st, Isakson of the 21st and Johnson of the 21st:
A bill to amend an Act creating the State Court of Cobb County, so as to change the compensation of the judges of the state court.
Referred to Committee on Urban and County Affairs.

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HB 1908. By Representative Murphy of the 18th:
A bill to amend an Act known as the "Haralson County Water Authority Act," so as to change the number of and selection of members of the Authority; to provide for certain members of the Authority to cease to serve on the Authority. Referred to Committee on Urban and County Affairs.
HB 1909. By Representative McDonald of the 12th:
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 members of the Board of Education of Jackson County and to the appointment of the school superintendent of Jackson County. Referred to Committee on Urban and County Affairs.
HB 1910. By Representative McDonald of the 12th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the West Jackson Fire District (Res. Act No. 240).
Referred to Committee on Urban and County Affairs.
HB 1911. By Representative McDonald of the 12th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Jackson County Industrial Development Authority (Res. Act No. 258).
Referred to Committee on Urban and County Affairs.
HB 1912. By Representative McDonald of the 12th:
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 authority for the Georgia Bureau of Investigation to exercise certain law enforcement powers within Jackson County. Referred to Committee on Urban and County Affairs.
HB 1913. By Representatives Bostick of the 138th and Carter of the 146th:
A bill to amend an Act creating a board of commissioners of Tift County, so as to change the composition of that board and provide for commissioner districts therefor and elections therefrom; to provide for the powers, duties, and obligations of that board. Referred to Committee on Urban and County Affairs.
HB 1914. By Representatives Bostick of the 138th and Carter of the 146th: A bill to amend an Act providing for the Tift County Board of Education, so as to provide for the composition of the Board of Education of Tift County and provide for education districts therefor and elections therefrom; to provide for the powers, duties, and obligations of that board.
Referred to Committee on Urban and County Affairs.
HB 1915. By Representatives Sizemore of the 136th and Hudson of the 117th: A bill to amend an Act placing the sheriff of Turner County on an annual salary in lieu of the fee system, so as to change the maximum compensation which can be granted to the sheriff.
Referred to Committee on Urban and County Affairs.

TUESDAY, FEBRUARY 25, 1986

1199

HB 1916. By Representatives Sizemore of the 136th and Hudson of the 117th:
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 Turner County Development Authority. Referred to Committee on Urban and County Affairs.
HB 1918. By Representative Smith of the 78th:
A bill to amend an Act abolishing the present method of compensating the Tax Commissioner of Butts County known as the fee system and providing in lieu thereof an annual salary, so as to change the provisions relating to the supplemental salary of the tax commissioner. Referred to Committee on Urban and County Affairs.
HB 1919. 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 for the compensation of the Coroner of Clarke County, so as to change the provisions regarding that compensation. Referred to Committee on Urban and County Affairs.
HB 1922. By Representatives Kilgore of the 42nd, Watts of the 41st and Lee of the 70th:
A bill to amend an Act creating a Magistrate's Court of Douglas County, so as to change the compensation of the chief magistrate of that court. Referred to Committee on Urban and County Affairs.
HB 1923. By Representatives Kilgore of the 42nd, Watts of the 41st and Lee of the 70th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Douglas County during designated registration 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 1924. By Representatives Home of the 103rd, Randall of the 101st, Lucas of the 102nd and Pinkston of the 100th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Bibb County during designated registration 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 1925. By Representatives Alford of the 57th, Workman of the 51st, Athon of the 57th, Childs of the 53rd, Williams of the 48th and others:
A bill to repeal an Act providing that neither DeKalb County nor any incorporated municipality located within DeKalb County shall require any fireman to be on duty for more than 60 hours in seven consecutive days. Referred to Committee on Urban and County Affairs.
HB 1926. By Representatives Alford of the 57th, Workman of the 51st, Athon of the 57th, Childs of the 53rd, Williams of the 48th and others:
A bill to repeal an Act providing that neither DeKalb County nor any municipality located wholly within DeKalb County shall require a fireman to be on duty

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for more than an average of 56 hours per week computed over a period of 52 consecutive weeks. Referred to Committee on Urban and County Affairs.
HB 1928. 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 imposes a local sales and use tax in Houston County and allocates the proceeds of the tax to the Houston County School System only if the power of said school system to levy ad valorem taxes is limited by another constitutional amendment.
Referred to Committee on Urban and County Affairs.
HB 1929. By Representatives Thompson of the 20th, Aiken of the 21st, Cooper of the 20th, Johnson of the 21st, Isakson of the 21st and others: A bill to amend an Act creating the State Court of Cobb County, so as to authorize additional assistant solicitors; to change the compensation of the solicitor, chief assistant solicitor, and the assistant solicitors.
Referred to Committee on Urban and County Affairs.
HB 1932. By Representative McDonald of the 12th: A bill to amend an Act incorporating the City of Commerce, so as to identify the corporate limits by map reference; to name the city manager as budget officer; to amend the requirements of the city manager; to provide that the maximum tax to be levied for school purposes shall be the same as provided for by general law.
Referred to Committee on Urban and County Affairs.
The following reports of standing committees were read by the Secretary:
Mr. President:
The Committee on Agriculture has had under consideration the following bill and resolution of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 1686. Do pass as amended. HR 687. Do pass.
Respectfully submitted,
Senator McGill of the 24th District, Chairman
Mr. President:
The Committee on Children and Youth has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 1211. Do pass by substitute. HB 1249. Do pass. HB 1261. Do pass.
Respectfully submitted,
Senator Scott of the 2nd District, Chairman

TUESDAY, FEBRUARY 25, 1986

1201

Mr. President:

The Committee on Governmental Operations has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1286. Do pass by substitute. Respectfully submitted, Senator Kidd of the 25th District, Chairman
Mr. President:

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

HB 1556. Do pass. HB 1594. Do pass as amended.

HB 1693. Do pass. HB 1748. Do pass.

Respectfully submitted,

Senator Stumbaugh of the 55th District, Chairman

Mr. President:

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

HB 1416. Do pass.

HB 1508. Do pass.

HB 1507. Do pass.

HR 525. Do pass by substitute.

Respectfully submitted,

Senator Deal of the 49th District, Chairman

Mr. President:

The Committee on Judiciary and Constitutional Law has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1169. 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 House and has instructed me to report the same back to the Senate with the following recommendations:
HB 1326. Do pass.

1202

JOURNAL OF THE SENATE

HB 1495. Do pass. Mr. President:

Respectfully submitted, Senator Gillis of the 20th District, Chairman

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 485. Do pass.

HB 1433. Do pass by substitute.

HB 466. Do pass.

^

,

HB 1109. Do pass by substitute.

HB 1581. Do pass.

HB 1320. Do pass.

HR 470. 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 House and has instructed me to report the same back to the Senate with the following recommendations:
SR 447. Do pass. HR 716. Do pass. HR 720. 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 resolution of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 555. Do pass. HB 1321. Do pass by substitute. HR 465. 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 290. Do pass.

HB 1499. Do pass.

SB 583. Do pass.

HB 1521. Do pass.

HB 1340. Do pass.

HB 1552. Do pass by substitute.

TUESDAY, FEBRUARY 25, 1986

1203

HB 1654. HB 1689. HB 1692. HB 1755. HB 1765. HB 1766. HB 1780. HB 1787. HB 1789. HB 1795. HB 1810. HB 1811. HB 1815.

Do pass.

HB 1827. Do pass.

Do pass.

HB 1828. Do pass.

Do pass.

HB 1846 DO pass

Do pass.

HB 184? Do pags

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

HB ,184.8.. HB 1849. HB 1850. HB 189'

Do pass. Do pass. Do pass. paSS'

Do pass.

HB 189L Do pass.

Do pass.

HB 1892- Do Pass-

Do pass.

HB 1894. Do pass.

Do pass.

HB 1895. 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 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 repeal 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 Georgia 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.

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 consent 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 available surgical options.

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 certification; to provide procedures.

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 oflfenses, so as to provide that a lottery shall not mean giving away prizes, under specified conditions, to persons selected by lot by certain nonprofit, tax-exempt charitable organizations; to provide conditions relative to the giving away of such prizes.

1204

JOURNAL OF THE SENATE

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 attorney in this state to engage either directly or indirectly in the bail bond business; to provide a penalty.
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 effective date.
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 Commission shall be authorized to negotiate the sale of notes and bonds.
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 Section 8-3-176, the "Mortgage Subsidy Bond Tax Act of 1980," upon the occurrence of certain events.
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 submission of this amendment for ratification or rejection.
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 Constitution Celebration.
SR 411. By Senator Kidd of the 25th:
A resolution creating the Age of Criminal Responsibility Study Committee of the Senate.
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.

TUESDAY, FEBRUARY 25, 1986

1205

SR 436. By Senator Kennedy of the 4th:
A resolution designating the John C. Beasley Bridge.
SR 438. By Senators Allgood of the 22nd and Albert of the 23rd:
A resolution creating the Workers' Compensation Coverage Study Committee.
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 composition of certain state representative districts.
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 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 legislation newly regulating a business or a profession.
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.
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 compensation 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 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.
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.

1206

JOURNAL OF THE SENATE

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 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 tribunals, so as to provide that certain children shall not be subject to hearings before a disciplinary tribunal; to provide that the superintendent shall determine appropriate disciplinary proceedings.

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 municipalities 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.

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 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 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.

HR 481. By Representative Oliver of the 121st: A resolution compensating Mr. R. Glenn Smith in the amount of $1,199.00.

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 Burton Cobb Coleman Dawkins Deal English Engram Fincher

Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton

TUESDAY, FEBRUARY 25, 1986

1207

Hudgins Huggins Kennedy
LH Langford McGill McKenzie

Peevy Perry Phillips
Rfly Reddish Scott of 2nd Starr

Tate Timmons Tolleson
Trulock Turner Tysinger Walker

Those not answering were Senators:

Bond Bryant Coverdell

Dean Howard

Scott of 36th Stumbaugh

Senator Tate of the 38th introduced the chaplain of the day, Bishop Peter Randolph Shy, pastor of Christian Methodist Episcopal Church, Atlanta, Georgia, who offered scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 448. By Senators Broun of the 46th and Foster of the 50th:
A resolution commending the Georgia academic decathlon team and its coaches and inviting them to appear before the Senate.

SR 454. By Senator Starr of the 44th: A resolution commending Honorable Lamar Hutcheson.

SR 455. By Senator Starr of the 44th: A resolution commending the Georgia Association of Educators.

SR 456. By Senator Starr of the 44th: A resolution commending the Georgia County Welfare Association.

SR 457. By Senator Starr of the 44th: A resolution commending the Georgia Federation of Women's Clubs.

SR 458. By Senator Horton of the 17th: A resolution commending Steve Pagan.

SR 459. By Senator Horton of the 17th: A resolution commending Edgar J. Fuller, Jr.

SR 461. By Senator Kidd of the 25th: A resolution commending Malcolm Smith.

Senator Cobb of the 28th introduced Mrs. Judy Peters, widow, and family of the late Phil Peters, Director of the Georgia Bureau of Investigation.

1208

JOURNAL OF THE SENATE

The following resolution of the Senate was read and adopted:
SR 464. By Senators Cobb of the 28th, Bond of the 39th and Scott of the 2nd: A resolution commending Willie Gault.
Senator Cobb of the 28th introduced Willie Gault and his wife to 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 206. By Representatives Brown of the 88th, Walker of the 85th, Brooks of the 34th, Young of the 134th and White of the 132nd: A bill to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to provide for comprehensive regulation of the disclosure of known and suspected health hazards or toxic substances.
The following bill of the House was read the first time and referred to committee:
HB 206. By Representatives Brown of the 88th, Walker of the 85th, Brooks of the 34th, Young of the 134th and White of the 132nd: A bill to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to provide for comprehensive regulation of the disclosure of known and suspected health hazards or toxic substances.
Referred to Committee on Industry and Labor.
Senator Greene of the 26th moved that the following bill of the House be withdrawn from the Senate Committee on Judiciary and committed to the Senate Committee on Judiciary and Constitutional Law:
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 relating 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.
On the motion, the yeas were 32, nays 0; the motion prevailed, and HB 1696 was withdrawn from the Senate Committee on Judiciary and committed to the Senate Committee on Judiciary and Constitutional Law.
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 25, 1986
THIRTY-SECOND LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.)

TUESDAY, FEBRUARY 25, 1986

1209

SB 583 Scott, 36th Engram, 34th Langford, 35th Tate, 38th Bond, 39th Coverdell, 40th Howard, 42nd Stumbaugh, 55th City of Atlanta Fulton County
Relates to ordinances binding succeeding councils, permits municipal governing authorities in cities having populations of not less than 400,000 according to the U.S. decennial census of 1980 or any future such census to enter into binding contracts regarding downtown development areas and urban redevelopment areas; provides an effective date.
HB 1340** Engram, 34th Langford, 35th Scott, 36th Tate, 38th Bond, 39th Coverdell, 40th Brantley, 56th Fulton County
Relates to public works contracts; authorizes county authorities to reject any or all bids; provides that in counties of this state having a population of 550,000 or more according to the U.S. 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.
HB 1499 Scott, 36th Engram, 34th Langford, 35th Tate, 38th Bond, 39th Coverdell, 40th Howard, 42nd Stumbaugh, 55th City of Hapeville Fulton County
Amends Act providing new charter for city; changes corporate limits of said city.
HB 1521 Engram, 34th Langford, 35th Scott, 36th Tate, 38th Bond, 39th Coverdell, 40th Brantley, 56th Fulton County
Authorizes 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.

1210

JOURNAL OF THE SENATE

*HB 1552

Coleman, 1st Scott, 2nd Bryant, 3rd Chatham County
Provides for compensation of certain officials and judicial officers in county; provides procedures for changing such compensation. (SUBSTITUTE)

HB 1654 Brantley, 56th City of Roswell Fulton County
Amends Act establishing new charter for city; changes provisions relating to election of mayor and councilmen; changes provisions relating to vacancies in the office of mayor or councilman.

HB 1689 Barnes, 33rd City of Austell Cobb County
Continues amendment providing for a homestead exemption for resident of city in an amount to be fixed by the governing authority of city at not more than $1,000.00 from all city ad valorem taxes.

HB 1692 Barnes, 33rd City of Austell Cobb County
Continues amendment authorizing city to grant a homestead exemption in amount of $2,000.00 from all ad valorem taxes levied by the city for certain persons aged 65 or over.

HB 1755 Horton, 17th City of Jackson Butts County
Amends Act creating new charter for city; provides that territory of city shall be divided into five districts; provides that municipal government and control of city shall be vested in a mayor and five council members.

HB 1765 English, 21st Jefferson County
Continues amendment which related to power of General Assembly to authorize local taxing jurisdictions in county to grant discounts for early payment of ad valorem taxes.

HB 1766 Harris, 27th Upson County
Provides that homestead, but not to exceed $10,000.00 of value thereof, of each resident of 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 educational purposes levied for in behalf of such school system.

HB 1780 Barnes, 33rd City of Austell Cobb County
Continues amendment authorizing governing authority of city to grant homestead exemption to resident in an amount not to exceed $1,000.00.

TUESDAY, FEBRUARY 25, 1986

1211

*HB 1787

Hudgins, 15th Land, 16th City of Columbus Muscogee County
Amends Act providing charter for county-wide government of Columbus; provides for procedures for filling vacancies in office of mayor or councilor. (SUBSTITUTE)

*HB 1789

Baldwin, 29th Garner, 30th Carroll County
Amends Act providing for civil service system in county for employees of county; changes composition of civil service board of county. (AMENDMENT)

HB 1795 English, 21st City of Summertown Emanuel County
Creates and incorporates city in county and grants charter to that municipality under that corporate name and style; prescribes and defines corporate limits thereof.

HB 1810 Trulock, 10th Bowen, 13th Colquitt County
Amends an Act relating to board of education of county; changes compensation and expense allowances of members of board of education.

HB 1811 Trulock, 10th Bowen, 13th Colquitt County
Amends Act relating to board of education of county; changes composition of board of education of county school district.

HB 1815 Ray, 19th Telfair County
Continues amendment providing that the county officers of county shall be ineligible to hold office under certain conditions.

HB 1827 Bowen, 13th Trulock, 10th City of Moultrie Colquitt County
Amends Act creating and establishing new charter for city; changes corporate limits of city; changes qualifications for councilman; changes certain voting requirements in zoning matters.

HB 1828 English, 21st Jenkins County
Provides that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in county during designated registration periods as provided in O.C.G.A.

1212

JOURNAL OF THE SENATE

HB 1846 Timmons, llth Early County
Continues amendment creating the Early County Development Authority.
HB 1847 Timmons, llth Randolph County
Creates board of commissioners of county; provides for a board of commissioners as the governing authority of county.
HB 1848 Timmons, llth Quitman County
Fixes compensation of clerk of Superior Court; provides for clerical help and their compensation; provides that all fees, commissions and other compensation of clerk of Superior Court of county shall be paid to the treasurer of county.
HB 1849 Timmons, llth Webster County
Continues amendment which relates to creation of Webster County Industrial Development Authority.
HB 1850 English, 21st Burke County
Provides that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Burke County during designated registration periods as provided in O.C.G.A.
HB 1890 Dean, 31st City of Tallapoosa Haralson County
Continues amendment creating Tallapoosa Development Authority.
HB 1891 Dean, 31st Haralson County
Continues amendment authorizing governing authorities of county to enter into certain contracts and other agreements, including certain security deeds and notes.
HB 1892 Dean, 31st City of Waco Haralson County Continues amendment creating the Waco Development Authority.
HB 1894 Dean, 31st Hine, 52nd City of Cartersville Bartow County
Continues amendment creating Cartersville Development Authority.
HB 1895 Dean, 31st Hine, 52nd

TUESDAY, FEBRUARY 25, 1986

1213

City of Adairsville Bartow County
Continues amendment creating the Adairsville Development Authority.

THE FOLLOWING OBJECTIONS WERE RECORDED:

HB 1340 ** Senators Timmons of the llth, Brantley of the 56th, Tysinger of the 41st and Bowen of the 13th requested, as provided for in Senate Rule 113, that HB 1340 be moved to the Senate Local Contested Calendar; the request was granted, and HB 1340 was placed on the Senate Local Contested Calendar for today.

The substitutes and amendments to the following bills were put upon their adoption:

*HB 1552:

The Senate Committee on Urban and County Affairs offered the following substitute to HB 1552:

A BILL

To be entitled an Act to provide for the compensation of certain public officials and judicial officers in Chatham County; to provide for other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Each officer and official of Chatham County listed below shall receive a salary fixed by the governing authority of such county, provided that said salary for each officer shall be not less than the salary set forth as follows:

Tax commissioner ....................................... Sheriff ................................................. Clerk of the superior court............................... Clerk of the state court.................................. Clerk of the probate court ............................... Judge of the recorder's court............................. Judge of the probate court............................... Judge of the juvenile court............................... Judge of the state court ................................. Chief magistrate of the magistrate court .................. Coroner ................................................

$ 39,500.00 per annum 42,800.00 per annum 32,800.00 per annum 30,000.00 per annum 26,000.00 per annum 57,000.00 per annum 44,000.00 per annum 42,000.00 per annum 60,000.00 per annum 38,000.00 per annum 8,200.00 per annum

Section 2. Each official of Chatham County listed below shall receive a salary fixed by the governing authority of such county, provided that said salary for each officer shall not exceed the salary set forth as follows:
Chairman of the Board of Commissioners ................. $ 17,000.00 per annum Members of the Board of Commissioners .................. 8,200.00 per annum

Section 3. The salaries provided in Section 1 and Section 2 of this Act shall be paid in equal monthly installments from the funds of Chatham 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 45, nays 0, and the substitute was adopted.

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JOURNAL OF THE SENATE

*HB 1787:
The Senate Committee on Urban and County Affairs offered the following substitute to HB 1787:
A BILL
To be entitled an Act to amend an Act providing a charter for the county-wide government of Columbus, Georgia, approved October 5, 1971 (Ga. L. 1971, Ex. Sess., p. 2007), as amended, so as to provide for procedures for filling vacancies in the office of Mayor or Councilor; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing a charter for the county-wide government of Columbus, Georgia, approved October 5, 1971 (Ga. L. 1971, Ex. Sess., p. 2007), as amended, is amended by striking Section 6-201 and inserting in its place a new Section 6-201 to read as follows:
"Section 6-201. Special Elections. In the event the office of Mayor or Councilor shall become vacant for any cause whatsoever, then such vacancy shall be filled in the manner provided for in this section. If a vacancy occurs within one and one-half years after the date of a regular election for the office of Mayor or Councilor, then the Board of Elections shall within ten (10) days after the occurrence of such vacancy call a special election to fill the balance of the unexpired term of such office by giving notice in one or more newspapers of general circulation in Columbus, Georgia. If a vacancy occurs more than one and one-half years after the date of a regular election for the office of Mayor or Councilor, then a person shall be appointed by a majority vote of the total membership of the Council to serve until a successor is elected and qualified at a special election held concurrently with the next regular election for the office of Mayor or Councilor. The successor elected at such special election shall serve the remainder of the unexpired term of such office. The special election required herein shall be held on the date specified in the advertisement, but not less than thirty (30) days nor more than forty-five (45) days after the publication of the call of the election. In all other respects, every special election shall be held and conducted in accordance with those provisions of the applicable laws of Georgia as provided in Section 6-200 of this Charter."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 45, nays 0, and the substitute was adopted.
*HB 1789:
The Senate Committee on Urban and County Affairs offered the following amendment:
Amend HB 1789 by striking from lines 10 and 11 of Page 1 the following:
"job description and compensation",
and inserting in place thereof the following:
"terms or conditions of their employment".
By striking all matter on lines 1 through 12 of Page 5 and inserting in lieu thereof the following:
" '(o) To conduct hearings and render decisions on charges preferred against persons employed in the several departments and offices included in said civil service system; to hear and decide appeals by any employee who claims to have been improperly dismissed; and to hear and decide appeals by any employee who claims to have been aggrieved by an adverse decision concerning the terms or conditions of his or her employment, specifically including decisions involving disciplinary actions, promotions, demotions, salary, or job clas-

TUESDAY, FEBRUARY 25, 1986

1215

sification disputes; this power including the power to recommend all changes necessary to resolve any and all disputes and meritorious appeals.'"
On the adoption of the amendment, the yeas were 45, nays 0, and the amendment was adopted.
HB 1811:
Senators Bowen of the 13th and Trulock of the 10th offered the following amendment:
Amend HB 1811 by striking from line 7 on Page 6 the following: "327",
and inserting in lieu thereof the following: "37".

On the adoption of the amendment, the yeas were 45, nays 0, and the amendment was adopted.

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

On the passage of all the bills on the Senate Local Consent Calendar, except HB 1340, a 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

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

Land Langford McGill McKenzie Peevy Perry Phillips Ray Reddish Stumbaugh Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Bryant Cobb Deal Fincher

Horton Howard Scott of 2nd Scott of 36th

Starr Tate Timmons

On the passage of all the local bills, the yeas were 45, nays 0.

All the bills on the Senate Local Consent Calendar, except HB 1340, HB 1552, HB 1787, HB 1789 and HB 1811, having received the requisite constitutional majority, were

1216

JOURNAL OF THE SENATE

HB 1552 and HB 1787, having received the requisite constitutional majority, were passed by substitute.

HB 1789 and HB 1811, having received the requisite constitutional majority, were passed as amended.

HB 1340 was moved to the Senate Local Contested Calendar for today.

SENATE LOCAL CONTESTED CALENDAR
Tuesday, February 25, 1986
THIRTY-SECOND LEGISLATIVE DAY
The following local bill of the House, 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:

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.

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

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

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Bond Brannon Broun of 46th Brown of 47th Coleman Coverdell Deal Dean

English Engram Foster Garner Gillis Hine Holloway Horton Howard Hudgins Kennedy

Kidd Langford McKenzie Ray Reddish Scott of 2nd Starr Stumbaugh Tate Trulock Walker

Those voting in the negative were Senators:

Albert Barnes BTBJorawnet.nl,ey Burton
Dawkins

Greene Harris HTLaanrrdjison Peevy
Perry

Phillips Timmons T,olleson
Turner
Tysinger

Those not voting were Senators:

Bryant Cobb

Fincher Huggins

McGill Scott of 36th

TUESDAY, FEBRUARY 25, 1986

1217

On the passage of the bill, the yeas were 33, nays 17.
The bill, having received the requisite constitutional majority, was passed.
Senator Broun of the 46th introduced the Academic Decathlon students from Georgia, and Honorable Charles McDaniel, State School Superintendent, who briefly addressed the Senate.
SENATE RULES CALENDAR
Tuesday, February 25, 1986
THIRTY-SECOND LEGISLATIVE DAY
SB 540 Georgia Arbitration Code for Construction--change to Georgia Arbitration Code for Contracts (SUBSTITUTE) (Judy--49th)
SR 402 Commission on Agriculture in Georgia--urge Governor to appoint (Ag--10th) 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)
SR 375 Retired Former Employees of Public Schools--health insurance plan (Ed--22nd)
SB 409 Asbestos Licensing Board--establish (SUBSTITUTE) (AMENDMENT) (Nat R--20th)
SB 553 Property, Casualty Insurance Risks--agreements apportioning approved by In surance Commissioner (Ins--55th)
SR 423 Hunter Safety Course Study Committee--create (Nat R--30th) HB 1393 Insurance Cancellation by Premium Finance Company Upon Default--notices
(Ins--14th) HR 514 Bibb County--easement for lightguide cable under property owned by State
(SUBSTITUTE) (Pub U--27th) HB 1682 Certified Cotton Growers Organization--may borrow money, certain purposes
(Ag-19th) HB 1539 Ad Valorem Tax--10% penalty for failure to file timely return (B&F--15th) HB 1324 Probate Court Cases--acknowledgement of service of waiver of process (SUB
STITUTE) (J&CL--45th) HB 1176 Board of Examiners of Psychologists--continue but later terminate (AMEND
MENT) (Hum R--52nd) HB 1277 Assistant District Attorney with LL.M. Degree--salary step two steps higher
(Judy--49th) HB 377 Custody Proceedings Between Parents--agreement regarding issues may be
presented (AMENDMENT) (C&Y--2nd) HB 1570 Teachers Retirement--certain contributions made by local units of administra
tion (Ret--10th) HB 1538 Fair Access to Insurance Requirements--extend time of operation of Code
(Ins--55th) HB 1246 Probate Court Judge--filling vacancies in offices (SUBSTITUTE) (Gov
Op--18th) HR 588 Roland Hayes Parkway--designate (Trans--51st) HR 597 State, Local Tax--urge Congress propose constitutional amendment for federal
tax deduction (B&F--12th)

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HR 577 Joint Liability Insurance Study Committee--create (SUBSTITUTE) (Rules--12th)
HR 461 New Trials for Carl Isaacs, George Dungee, and Wayne Coleman--deploring judge's decision (Corr--llth)
HB 1200 Child Custody--notify court of change in residence (C&Y--2nd)
HR 691 Sam P. McGill Exhibition Building--designate (Ag--4th)
HB 840 Cancellation of Deeds to Secure Debt on Real Property--method (SUBSTI TUTE) (Judy--29th)
HB 1344 Lawful Taking of Wildlife--unlawful to interfere (AMENDMENT) (Nat R--20th)
HR 739 Women's History Week--week beginning 3/2/86 (Rules--12th)
HB 1218 Telephone, Automatic Dialing--regulate (SUBSTITUTE) (Gov Op--15th)
HR 472 "Lost Mountain Scenic Highway"--designate certain highway in Cobb County (Trans--33rd)
HR 507 Hamilton County, Tennessee--conveyance of lease agreement, state owned prop erty (Pub U--53rd)
HR 572 Brooks County--conveyance of certain property to Board of Commissioners (Pub U--8th)
HB 1573 Administrative Services' Central Inventory of Personal Property--movable per sonal property (Gov Op--30th)
HB 1156 Stone Mountain Judicial Circuit--additional judge (Judy--5th)
HR 587 Franklin County--accepting certain bid for state owned property purchase (Pub U--10th)
Respectfully submitted,
/s/ Holloway of the 12th, Chairman Senate Rules Committee
Senator Kennedy of the 4th, President Pro Tempore, assumed the chair.
The following general bills and resolutions of the Senate, favorably reported by the committees, were read the third time and put upon their passage:
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.
The Senate Committee on Judiciary offered the following substitute to SB 540:
A BILL To be entitled an Act 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 provide for excep tions; to provide for the form and content of agreements to arbitrate; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Part 3 of Article 2 of Chapter 9 of Title 9 of the Official Code of Georgia Annotated, relating to the arbitration of construction contracts, is amended by striking in

TUESDAY, FEBRUARY 25, 1986

1219

its entirety Code Section 9-9-80, relating to the short title of said part, and inserting in its place a new Code Section 9-9-80 to read as follows:
"9-9-80. This part shall be known and may be cited as the 'Georgia Arbitration Code for Contracts.'"
Section 2. Said part is further amended by striking in its entirety Code Section 9-9-81, relating to the exclusivity of the application of said part, and inserting in its place a new Code Section 9-9-81 to read as follows:
"9-9-81. (a) This part applies only to agreements specified in subsection (b) of this Code section made between July 1, 1978, and June 30, 1986. This part applies to agreements specified in subsection (c) of this Code section made on or after July 1, 1986.
(b) This part, prior to July 1, 1986, shall apply only to construction contracts, contracts of warranty on construction, and contracts involving the architectural or engineering design of any building or the design of alterations or additions thereto and shall provide the exclu sive means by which agreements to arbitrate disputes arising under such contracts can be enforced.
(c) This part shall apply to all contractual disputes in which the parties thereto have agreed in writing in said contract, as set out in subsection (d) of this Code section, to submit such dispute to arbitration and shall provide the exclusive means by which agreements to arbitrate disputes arising under contracts can be enforced, except the following, to which this part shall not apply:
(1) Agreements coming within the purview of Part 4 of Article 2 of this chapter, relating to arbitration of medical malpractice claims;
(2) Any collective bargaining agreement between employers and labor unions represent ing employees of such employers;
(3) Any contract of insurance, as defined in paragraph (1) of Code Section 33-1-2;
(4) Any other subject matters currently covered by an arbitration statute;
(5) Any loan agreement or consumer financing agreement in which the amount of in debtedness is $10,000.00 or less at the time of execution;
(6) Any contract for the purchase of consumer goods, as defined in the Uniform Com mercial Code under subsection (1) of Code Section 11-2-105 and subsection (1) of Code Section 11-9-109; or
(7) Any contract involving consumer acts or practices or involving consumer transac tions as such terms are defined in paragraphs (2) and (3) of subsection (a) of Code Section 10-1-392, relating to definitions for the 'Fair Business Practices Act of 1975.'
(d) In order for an agreement to arbitrate to be valid, the agreement must be set forth on a separate sheet of paper as part of the principal contract. The separate sheet concerning the agreement to arbitrate must be signed by the parties to the contract, must be headed in boldface type at the top as 'AGREEMENT TO ARBITRATE,' and must contain therein the following language in boldface type:
ANY DISPUTE ARISING UNDER THIS CONTRACT SHALL BE SUBJECT TO ARBITRATION UNDER THE LAWS OF THE STATE OF GEORGIA
Only matters pertaining to the rights and obligations of the parties regarding arbitration shall appear in the agreement to arbitrate, other than language which may identify the prin cipal contract between the parties. This subsection shall not apply to construction contracts, contracts of warranty on construction, and contracts involving the architectural or engineer ing design of any building or the design of alterations or additions thereto."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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On the adoption of the substitute, the yeas were 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 Brannon tirflnt>i6y Broun of 46tn Brown of 47th Burton Dawkins Deal Dean English Engram

Foster Garner Gillis Greene Harris Hine Holloway Horton Hudgins Huggins Kidd Land Langford McGill Peevy

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

Those not voting were Senators:

Bowen Bryant Cobb Coleman

Coverdell Fincher Harrison

Howard Kennedy (presiding) McKenzie

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

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

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.

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 Brown of 47th Burton Coverdell Dawkins Deal Dean English

Engram Foster Garner Gillis Greene Harris Hine Holloway

TUESDAY, FEBRUARY 25, 1986

1221

Horton Howard Hudgins " uggms
La^ 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:

Broun of 46th Bryant Cobb

Coleman Fincher

Harrison Kennedy (presiding)

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

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

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.

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 Brannon Brantley Brown of 47th Burton Coverdell Dawkins Deal Dean English Engram

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

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

Those not voting were Senators:

Barker Broun of 46th Bryant

Cobb Coleman Harrison

Kennedy (presiding) Walker

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

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

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

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of Georgia Annotated, relating to juries in felony cases, so as to change the pro visions relating to the number of peremptory challenges in felony cases; to change the provisions relating to selection of alternate jurors and additional pe remptory challenges in felony cases; to provide an effective date.
The Senate Committee on Judiciary and Constitutional Law offered the following sub stitute to SB 358:
A BILL
To be entitled an Act to amend Article 5 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to trial juries, so as to change the provisions relating to the number of peremptory challenges in misdemeanor cases; to change the provisions relating to the required panel of jurors in felony trials; to change the provisions 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 amend Code Sec tion 17-7-210 of the Official Code of Georgia Annotated, relating to the right of a defendant to a copy of certain statements given while in police custody, so as to provide that the defendant shall be entitled to have a copy of any statement given by such defendant while in police custody or given by such defendant at any time during the course of any investiga tion involving such defendant; to provide for effective dates; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1, Article 5 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to trial juries, is amended by striking Code Section 15-12-125, relating to required jury panels for misdemeanor trials, and inserting in its place a new Code Section 15-12-125 to read as follows:
"15-12-125. For the trial of misdemeanors in all courts, the prosecuting attorney and the accused may select either panel of six of the trial jurors. If they do not agree upon a panel, the court shall have a panel made up of 12 jurors in attendance, of which the accused shall have the right to challenge three peremptorily, and the state three. The remaining six shall constitute the jury."
Section 2. Said article is further amended by striking Code Section 15-12-160, relating to the required panel of jurors in felony trials, and inserting in its place a new Code Section 15-12-160 to read as follows:
"15-12-160. (a) When any person stands indicted for a felony which may subject such person to death, the court shall have impaneled 42 jurors from which the defense and prose cution may strike jurors. If, for any reason, after striking from the panel there remain less than 12 qualified jurors to try the case, the presiding judge shall summon such numbers of persons who are competent jurors as may be necessary to provide a full panel. In making up the panel or successive panels, the presiding judge shall draw the tales jurors from the jury box of the county and shall order the sheriff to summon them.
(b) Except as provided in subsection (a) of this Code section, when any person stands indicted for a felony, the court shall have impaneled 37 jurors from which the defense and prosecution may strike jurors. If, for any reason, after striking from the panel there remain less than 12 qualified jurors to try the case, the presiding judge shall summon such numbers of persons who are competent jurors as may be necessary to provide a full panel. In making up the panel or successive panels, the presiding judge shall draw the tales jurors from the jury box of the county and shall order the sheriff to summon them."
Section 3. Said article is further amended by striking Code Section 15-12-165, relating to peremptory challenges, and inserting in its place a new Code Section 15-12-165 to read as follows:
"15-12-165. (a) Every person indicted for a crime or offense which may subject such person to death may peremptorily challenge 20 of the jurors impaneled to try such person. The state shall be allowed one-half the number of peremptory challenges allowed to the accused.

TUESDAY, FEBRUARY 25, 1986

1223

(b) Except as provided in subsection (a) of this Code section, every person indicted for a crime or offense which may subject such person to imprisonment for not less than four years may peremptorily challenge 15 of the jurors impaneled to try such person. Every per son indicted for an offense which may subject such person to imprisonment in a penal insti tution for any time less than four years may peremptorily challenge 12 of the jurors impan eled to try such person. The state shall be allowed ten peremptory challenges."
Section 4. Said article is further amended by striking Code Section 15-12-169, relating to alternative jurors, and inserting in its place a new Code Section 15-12-169 to read as follows:
"15-12-169. Alternate jurors must be drawn from the same source and in the same man ner and have the same qualifications as the jurors already sworn. They shall be subject to the same examination and challenges. The state shall be entitled to as many peremptory challenges to alternate jurors as there are alternate jurors called. The defendant shall be entitled to the same number of peremptory challenges to alternate jurors as the state. The peremptory challenges allowed to the state and to the defendant in such event shall be in addition to the regular number of peremptory challenges allowed in criminal cases to the defendant and to the state as provided by law. When two or more defendants are tried jointly, each defendant shall be entitled to as many peremptory challenges to alternate ju rors as there are alternate jurors called."
Section 5. Code Section 17-7-210 of the Official Code of Georgia Annotated, relating to the right of a defendant to a copy of certain statements given while in police custody, is amended by striking subsection (a) and inserting in its place a new subsection (a) to read as follows:
"(a) At least ten days prior to the trial of the case, the defendant shall be entitled to have a copy of any statement given by such defendant while in police custody or given by such defendant at any time during the course of any investigation involving such defendant. The defendant may make his request for a copy of any such statement, in writing, within any reasonable period of time prior to trial."
Section 6. (a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective on July 1, 1986, and shall apply to all cases in which the jury is selected on or after said date.
(b) Section 5 of 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 35, 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 Brannon Brantley

Broun of 46th Burton Coverdell Dawkins Deal Dean English Engram Fincher

Foster Garner Gillis Greene Harris Hine Holloway Howard Huggins

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Kidd Land McKenzie peevy Perry

Ray Reddish Scott of 2nd Scott of 36th Stumbaugh

Tate Timmons Trulock Turner Tysinger

Those voting in the negative were Senators:

Brown of 47th

Langford

Walker

Those not voting were Senators:

Bryant Cobb Coleman Harrison

Horton Hudgins Kennedy (presiding)

Phillips Starr Tolleson

On the passage of the bill, the yeas were 43, nays 3.

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

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; 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 ad ding at the end thereof a new subparagraph (c) to read as follows:

"(c) The General Assembly may provide by law and may expend or authorize the ex penditure 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."

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 Assem bly 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?"

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.

TUESDAY, FEBRUARY 25, 1986

1225

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

Engram Fincher Foster Garner Gillis Greene Harris Hine Holloway Howard Huggins Kidd Land Langford McGill

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

Those not voting were Senators:

Bond Brown of 47th Bryant Cobb

Coleman Harrison Horton Hudgins

Kennedy (presiding) Tolleson Tysinger

On the adoption of the resolution, the yeas were 45, nays 0.

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

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.

The Senate Committee on Natural Resources offered the following substitute to SB 409:
A BILL
To be entitled an Act 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; to provide a statement of purpose; to establish the state agencies and officials responsible for administering the chapter; to provide for the creation of the Asbes tos Licensing Board; to provide for reimbursement of board members; to provide for the powers and duties of the board; to provide for the powers, duties, and responsibilities of the Board of Natural Resources; to provide for the powers, duties, and responsibilities of the

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director; to provide for contractor licensing; to provide for asbestos worker certification; to recognize reciprocity among states; to provide for revocation of licenses; to provide for noti fication, fees, and certification concerning asbestos removal; to provide for inspections and investigations; to declare certain acts unlawful; to provide for application by the director for injunctive relief; to authorize the director to issue orders; to provide for emergency powers; to provide for civil penalties; to provide for hearings on contested matters; to provide for judgment in accordance with final orders; to provide for representation by the Attorney General; to provide no conflict with federal laws; to provide no liability for damages; to provide a termination date; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended by adding at the end thereof a new Chapter 12 to read as follows:
"CHAPTER 12
12-12-1. This chapter shall be known and may be cited as the 'Georgia Asbestos Safety Act.'
12-12-2. It is the purpose of this chapter to protect the public health, safety, and envi ronment of the people of this state by establishing an Asbestos Licensing Board to adopt, administer, and enforce a program for licensing contractors and asbestos workers engaged in the removal or encapsulation of friable asbestos-containing materials from facilities and res idential dwellings in accordance with the provisions of this chapter and regulations issued pursuant to this chapter. It is the further purpose of this chapter to establish a program of notification, fees, and certification for asbestos removal or encapsulation projects to be ad ministered by the director of the Environmental Protection Division of the Department of Natural Resources.
12-12-3. As used in this chapter, the term:
(1) 'Asbestos' means any naturally-occurring hydrated mineral silicates separable into commercially used fibers, specifically the asbestiform varieties of serpentine, chrysotile; cummingtomite-grunerite, amosite; riebeckite, crocidolite; anthophyllite; tremolite; and actinolite.
(2) 'Asbestos worker' means any individual who is employed or engaged by a contractor to remove, encapsulate, clean, or dispose of friable asbestos-containing materials.
(3) 'Board' means the Asbestos Licensing Board as established by this chapter.
(4) 'Contractor' means any person who contracts with an owner or operator of a facility or residential dwelling to perform the removal or encapsulation of friable asbestos-contain ing material from any such facility or residential dwelling. 'Contractor' shall not include any employee of such owner or operator. The term 'contractor' shall also include any person employed by state government who is engaged in the removal or encapsulation of friable asbestos-containing material from any state-owned or operated facility or residential dwell ing, and who is a supervisor of other state government employees.
(5) 'Director' means the director of the Environmental Protection Division of the De partment of Natural Resources of the State of Georgia or his designee.
(6) 'Division' means the Environmental Protection Division of the Department of Natu ral Resources of the State of Georgia.
(7) 'Emergency project' means the removal or encapsulation of friable asbestos-contain ing material from any facility where such activity must be conducted immediately in order to prevent disruption of a commercial or industrial process or activity or destruction of property.

TUESDAY, FEBRUARY 25, 1986

1227

(8) 'Encapsulation' means to coat, bind, or resurface walls, ceilings, pipes, or other structures with a sealant to prevent friable asbestos from becoming airborne.
(9) 'Facility' means any institutional, commercial, or industrial structure, installation, or building, including apartment buildings having more than four dwelling units.
(10) 'Friable asbestos-containing material' means any material which is applied onto ceilings, walls, structural members, piping, boilers, tanks, pumps, ductwork, or any other part of the building containing more than 1 percent asbestos, by weight, and which when dry may be crumbled, pulverized, or reduced to powder by hand pressure.
(11) 'Person' means any individual, partnership, association, trust, firm, corporation, county, municipality, or other entity, including the state and federal governments.
(12) 'Project' means the removal or encapsulation by a contractor or asbestos worker of friable asbestos-containing material from any facility or residential dwelling.
(13) 'Removal' means to take out, strip, clean up, or dispose of friable or potentially friable asbestos-containing materials from any facility or residential dwelling as defined by this chapter.
(14) 'Residential dwelling" means any family residence or apartment building with four or fewer dwelling units.
(15) 'Small project' means any asbestos removal or encapsulation project involving less than 160 square feet or 260 linear feet of friable asbestos-containing materials.
12-12-4. (a) There is created a state Asbestos Licensing Board to adopt, administer, and enforce a program of licensing for contractors and certification for asbestos workers. The board shall consist of seven members, each of whom shall be appointed by the Governor, subject to confirmation by the Senate. The initial board members shall begin their terms of office on July 1, 1986. The first appointees shall serve their terms as follows: four members for two years and three members for four years. Thereafter, each member shall serve a term of four years and until his successor is appointed. At the first meeting of the board held each year, the members shall elect a chairman to serve for one year. The Governor may remove any member of the board for neglect of duty, incompetence, or other unethical or dishonorable conduct. After such removal or after the creation of a vacancy due to death, resignation, or ineligibility, the Governor shall appoint a successor to serve the unexpired term subject to confirmation by the Senate. Any person appointed to the board when the Senate is not in session may serve on the board without Senate confirmation until the Sen ate acts on that appointment. No member shall serve on the board for more than two con secutive terms.
(b) The board must include among the appointed members one contractor engaged in asbestos abatement activities, one building owner or facility administrator, one registered professional engineer, one industrial hygienist familiar with asbestos abatement activities, one representative of labor, one licensed architect, and one person chosen at large who shall have no connection whatsoever with any profession related to asbestos abatement activities.
12-12-5. Each member of the board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2.
12-12-6. (a) The director shall act as the administrative agent for the board.
(b) The division shall have the duty to bring together and keep all records of the board, to receive all applications for licenses and certificates, to schedule a time and place for all hearings, to issue certificates upon authority of the board, to collect all fees, and to remit such fees to the state treasury.
(c) All orders and processes of the board shall be signed and attested by the director or his designee, and any notice or legal process necessary to be served upon the board may be served upon the director.

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12-12-7. In carrying out this chapter, the board shall have and may exercise the follow ing powers and duties:
(1) To adopt and amend rules and regulations which may be reasonably necessary to provide for its own government and to govern the licensing of contractors, the certification of asbestos workers, and the regulation of proceedings before the board. The board and all of its rules, regulations, and procedures are subject to and shall comply with the provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act';
(2) To establish annual license and certification fees to recover the cost of processing applications;
(3) To pay into the state treasury all fees and moneys received by it;
(4) To license contractors;
(5) To certify asbestos workers; and
(6) To refuse to grant licenses or certifications, or to suspend or revoke licenses or certi fications in a manner consistent with this chapter.
12-12-8. The Board of Natural Resources shall have and may exercise the power to adopt and amend rules and regulations which may be necessary to ensure proper perform ances of asbestos removal and encapsulating projects and compliance with any provision of this chapter related thereto, to implement the programs of inspection and enforcement au thorized in this chapter, and to adopt a schedule of project fees as required in this chapter. The Board of Natural Resources is expressly empowered to promulgate the rules and regu lations consistent with this chapter to ensure the proper performance of asbestos removal and encapsulating projects commenced on and after April 1, 1986, and prior to the effective date of the licensing and certification requirements in this chapter.
12-12-9. The director shall have and may exercise the following powers and duties:
(1) To serve as technical secretary to the board. The technical secretary shall assist and advise the board in the conduct of its duties, to include recommending rules and regulations for contractor licensing and asbestos worker certification, recommending actions to be taken concerning license or certification revocation or suspension, and coordinating activities be tween the board and the division;
(2) To exercise general supervision over the administration and enforcement of this chapter and all rules and regulations and orders promulgated under this chapter;
(3) To issue all orders and processes as may be necessary to enforce compliance with provisions of this chapter and all rules and regulations promulgated under this chapter;
(4) To conduct such public hearings as are deemed necessary for the proper administra tion of this chapter;
(5) To make investigations, analyses, and inspections to determine and ensure compli ance with this chapter, rules and regulations promulgated pursuant to this chapter, and any orders which the director may issue;
(6) To institute and prosecute such court actions as may be necessary to enforce com pliance with any provisions of this chapter and any rules and regulations promulgated under this chapter;
(7) To exercise all incidental powers necessary to carry out the purpose of this chapter; and
(8) To encourage voluntary cooperation by persons in affected groups to achieve the purpose of this chapter.
12-12-10. (a) From and after April 1, 1987, any contractor shall obtain a license under this chapter from the board prior to engaging in the removal or encapsulation of friable asbestos-containing materials from any facility or residential dwelling in this state.
(b) The application for license shall be made in the manner and form required by the

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board. An application for license or renewal of a license shall be accompanied by an applica tion fee in the amount required by the board and proof of such training, examination, and experience as are required by the board.
(c) The board shall license all applicants for licenses under this chapter who satisfy the requirements of this chapter and the rules and regulations promulgated under this chapter. Licenses shall be valid for a period of one year. Licenses shall be renewable upon application to the board and upon satisfaction of the renewal requirements of the board.
12-12-11. (a) From and after April 1, 1987, no person may be employed as an asbestos worker unless that person is certified by the board.
(b) The board shall certify all applicants for certification under this chapter who satisfy the requirements of this chapter and the rules and regulations promulgated under this chap ter. One requirement for such certification shall be the successful completion of a course of training approved by the board. Application for certification shall be made on forms pre scribed and furnished by the board and shall be accompanied by a fee as prescribed by the board.
(c) A certification shall expire after one year. Applications for the renewal of a certifica tion shall be filed with the board within 30 days of the expiration date.
12-12-12. The board, upon application and without more, may issue a certificate or li cense in a comparable classification to any person who holds a certificate or license in any state, territory, or possession of the United States, provided that the requirements for licensure of asbestos abatement contractors or asbestos workers under which the person's license or certificate was issued do not conflict with this chapter and are of a standard not lower than that specified by regulations adopted under this chapter; provided, further, that recip rocal privileges are granted to licensed asbestos abatement contractors and asbestos workers of this state.
12-12-13. (a) The board, after notice and opportunity for a hearing, may refuse to grant a license or certificate to an applicant therefor or may revoke or suspend the license or certificate of a person licensed or certified by the board upon a finding that the licensee, certificant, or applicant has:
(1) Made any false statement or given any false information in connection with an ap plication for license or certificate, including an application for renewal thereof;
(2) Knowingly violated this chapter or violated any rule or regulation promulgated pur suant to the authority contained in this chapter; or
(3) Failed to demonstrate the qualifications or standards for licensure or certification contained in this chapter or in the rules and regulations of the board. It shall be incumbent upon the applicant to demonstrate to the satisfaction of the board that he meets all the requirements for licensure or registration; and, if the board is not satisfied as to the appli cant's qualifications, it shall have the power to deny such licensure or certification.
(b) Any notice by the board shall be served upon the licensee, certificant, or applicant by either certified mail or personal service setting forth the particular reasons for the pro posed action and fixing a date, not less than 20 days from the date of such mailing or 15 days from the date of such personal service, through which time the licensee, certificant, or applicant shall be given the right to petition the board in writing for a hearing. If no such request for hearing is filed with the board during this time period, the proposed action will become final. A petition for hearing shall be considered filed on the date it is received in the director's office.
(c) Any hearing under this Code section shall be before an administrative law judge appointed by the board. The hearing before the administrative law judge shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and the rules and regulations adopted by the board pursuant to such chapter. The decision of the administrative law judge shall constitute the final decision of the board.

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(d) (1) If the administrative law judge finds that any applicant for licensure or certifica tion is unqualified to be granted such license or certificate, he may:
(A) Deny the application for licensure or certification; or
(B) Limit or restrict any license or certificate for a definite period of time.
(2) If the administrative law judge finds that the license or certificate of any holder thereof should be revoked or otherwise sanctioned, he may take any one or more of the following actions:
(A) Suspend any license or certificate for a definite period of time;
(B) Limit or restrict any license or certificate for a definite period of time;
(C) Revoke a license or certificate; or
(D) Place a licensee or certificant on probation for a definite period of time and impose such conditions of probation as will adequately protect the public during that period.
(e) Judicial review of a final decision of the administrative law judge under this Code section shall be had in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
12-12-14. From and after April 1, 1986, no contractor shall engage in a project prior to notifying the director of such activity at least seven calendar days prior to commencement of same. Such prior notice need not be provided for an emergency project; however, the contractor shall notify the director of the activity within seven calendar days after the com mencement of such project. The notification shall be made in the manner and form required by the director and shall be accompanied by a project fee established by the Board of Natu ral Resources. In no case, however, shall the project fee exceed $50.00 for asbestos abate ment in a residential dwelling or any small project as defined in this chapter, nor shall it exceed $1,000.00 for any other project. The notification shall state the location of the pro ject, the owner's name and address, the expected dates on which the project will begin and end, and any other information as may be required by the director. The contractor shall comply with this chapter, regulations promulgated pursuant to this chapter, and any regula tion pertaining to asbestos removal promulgated under Chapter 9 of this title, 'The Georgia Air Quality Act of 1978.' Upon completion of the project, the contractor shall certify to the director, on forms specified by the director, that the project was conducted in accordance with this chapter and the rules and regulations promulgated pursuant to this chapter and Chapter 9 of this title, 'The Georgia Air Quality Act of 1978.'
12-12-15. It shall be unlawful to, and no person shall, either as an asbestos worker or contractor, engage in the removal, encapsulation, cleaning, or disposal of friable asbestoscontaining materials or conduct quality assurance activities or air sampling in conjunction with such activities, except in such a manner as to conform to and comply with this chapter and all rules, regulations, and orders established under this chapter.
12-12-16. The director or his authorized employees of the division, upon a presentation of his credentials, shall have a right to enter into, upon, or through premises of persons subject to this chapter or premises where a violation of this chapter is reasonably believed to be occurring or about to occur; to investigate, sample, and inspect for compliance with the requirements imposed under this chapter; or to determine whether such a violation or threatened violation exists. The contractors shall make available to the director or his au thorized representative such records, data, and other information as may be required by this chapter or rules and regulations issued pursuant to this chapter.
12-12-17. Whenever the director determines that a person is violating any provision of this chapter or any rule or regulation established under this chapter, he may issue an order requiring such person to cease and desist such activity within such a period of time as the director deems reasonable.
12-12-18. Whenever in the judgment of the director any person has engaged in or is about to engage in any act or practice which constitutes or will constitute an unlawful action

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under this chapter, the director may make application to the superior court of the county in which such person resides or in which jurisdiction is appropriate for an order enjoining such an act or practice or for an order requiring compliance with this chapter; and, upon a show ing by the director that such person has engaged or is about to engage in any such act or practice, a permanent or temporary injunction, restraining order, or other order shall be granted without the necessity of showing lack of an adequate remedy at law.
12-12-19. Notwithstanding any other provision of this chapter, the director, upon re ceipt of evidence that a project is presenting an imminent and substantial endangerment to the health of persons, may bring an action as provided in Code Section 12-12-18 to restrain immediately any person causing or contributing to the alleged danger or to take such other action as may be necessary. If it is not practicable to assure prompt protection of the health of persons solely by commencement of such a civil action, the director may issue such orders as may be necessary to protect the health of persons who are or may be affected by such project. Notwithstanding Code Section 12-12-21, such order shall be immediately effective for a period of not more than 48 hours unless the director brings an action under Code Section 12-12-18 before the expiration of such period. Whenever the director brings such an action within such period, such order shall be effective for such a period of time as may be authorized by the court pending litigation or thereafter.
12-12-20. (a) Any person violating any provision of this chapter or rules or regulations under this chapter or failing or refusing to comply with any final order issued under this chapter shall be liable for a civil penalty of not more than $25,000.00 per day. Each day during which the violation or failure continues shall be a separate violation.
(b) Whenever the director has reason to believe that any person has violated any provi sion of this chapter or any rules or regulations under this chapter or has failed or refused to comply with any final order issued under this chapter, he may, upon written request, cause a hearing to be conducted before an administrative law judge appointed by the Board of Natural Resources for the purpose of determining whether such civil penalties should be imposed as are in accordance with the law there involved. The decision of the administrative law judge shall constitute the final decision of the Board of Natural Resources and any party to the hearing, including the director, shall have a right of judicial review as provided in this chapter. Such hearing and any judicial review thereof shall be conducted in accor dance with subsection (c) of Code Section 12-12-2.
(c) All civil penalties recovered by the director as provided in this Code section shall be paid into the state treasury.
12-12-21. All hearings on and judicial review of orders or other administrative enforce ment actions of the director under this chapter shall be provided and conducted in accor dance with subsection (c) of Code Section 12-1-1.
12-12-22. Any order of the director or an administrative law judge issued in accordance with this chapter which is unappealed from or affirmed or modified on appeal or review may be filed by the director by certified copy in the superior court of the county wherein the person resides or, if said person is a corporation, in the county wherein the corporation maintains its principal place of business or in the county wherein the violation occurred. The court shall then render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect, and all proceedings in relation thereto shall be the same, as though said judgment had been rendered in an action duly heard and determined by the court.
12-12-23. It shall be the duty of the Attorney General to provide legal representation to the board and to the director in connection with this chapter.
12-12-24. It is not the intent of this chapter to conflict with rules and regulations promulgated by the United States Environmental Protection Agency pursuant to the Toxic Substances Control Act or the Clean Air Act or by the Occupational Safety and Health Administration of the United States Department of Labor pursuant to the Occupational Safety and Health Act or by other applicable federal statutes.

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12-12-25. Nothing in this chapter shall be construed to constitute a waiver of the sover eign immunity of the state, the board, the Board of Natural Resources, or the division. No action shall be brought against the state, the board, the Board of Natural Resources, the division, or any member, officer, or employee of these governmental bodies for damages sus tained from the improper or unlawful removal or encapsulation of friable asbestos-contain ing materials from facilities or residential dwellings governed by this chapter. Nothing in this chapter and no order, action, license, or advice of the board, the director, the division, or any representative thereof shall be construed to relieve a contractor, project monitor, or asbestos worker of the legal duties, obligations, or liabilities incident to removal or encapsu lation of friable asbestos-containing materials from facilities or residential dwellings.
12-12-26. For the purposes of Chapter 2 of Title 43, 'The Act Providing for the Review, Confirmation, Reestablishment, or Termination of Regulatory Agencies,' the Asbestos Li censing Board shall be terminated on April 1, 1990, and this chapter and any other laws relating to such board shall be repealed in their entirety effective on the date specified in Code Section 43-2-8."
Section 2. 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 SB 409 offered by the Senate Committee on Natu ral Resources, the yeas were 0, nays 34, and the substitute was lost.
Senator Gillis of the 20th offered the following substitute to SB 409:
A BILL
To be entitled an Act 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 and certification; to provide a statement of purpose; to establish the state agencies and officials responsible for administering the chapter; to provide for the creation of the Asbestos Licensing Board; to provide for reimbursement of board members; to provide for the powers and duties of the board; to provide for the powers, duties, and responsibilities of the Board of Natural Re sources; to provide for the powers, duties, and responsibilities of the director; to provide for contractor licensing; to provide for contractor licensing and asbestos foreman certification; to recognize reciprocity among states; to provide for revocation of licenses; to provide for notification, fees, and certification concerning asbestos removal; to provide for inspections and investigations; to declare certain acts unlawful; to provide for application by the direc tor for injunctive relief; to authorize the director to issue orders; to provide for emergency powers; to provide for civil penalties; to provide for hearings on contested matters; to pro vide for judgment in accordance with final orders; to provide for representation by the At torney General; to provide no conflict with federal laws; to provide no liability for damages; to provide a termination date; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended by adding at the end thereof a new Chapter 12 to read as follows:
"CHAPTER 12
12-12-1. This chapter shall be known and may be cited as the 'Georgia Asbestos Safety Act.'
12-12-2. It is the purpose of this chapter to protect the public health, safety, and envi ronment of the people of this state by establishing an Asbestos Licensing Board to adopt,

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administer, and enforce a program for licensing contractors and for certifying asbestos fore men engaged in the removal or encapsulation of friable asbestos-containing materials from facilities and residential dwellings in accordance with the provisions of this chapter and regulations issued pursuant to this chapter. It is the further purpose of this chapter to es tablish a program of notification, fees, and certification for asbestos removal or encapsula tion projects to be administered by the director of the Environmental Protection Division of the Department of Natural Resources.
12-12-3. As used in this chapter, the term:
(1) 'Asbestos' means any naturally-occurring hydrated mineral silicates separable into commercially used fibers, specifically the asbestiform varieties of serpentine, chrysotile; cummingtomite-grunerite, amosite; riebeckite, crocidolite; anthophyllite; tremolite; and actinolite.
(2) 'Asbestos foreman' means any individual who is employed or engaged by a contrac tor to supervise the removal, encapsulation, cleaning, or disposal of friable asbestos-contain ing materials.
(3) 'Board' means the Asbestos Licensing board as established by this chapter.
(4) 'Contractor' means any person who contracts with an owner or operator of a facility or residential dwelling to perform the removal or encapsulation of friable asbestos-contain ing material from any such facility or residential dwelling. 'Contractor' shall not include any employee of such owner or operator.
(5) 'Director' means the director of the Environmental Protection Division of the De partment of Natural Resources of the State of Georgia or his designee.
(6) 'Division' means the Environmental Protection Division of the Department of Natu ral Resources of the State of Georgia.
(7) 'Emergency project' means the removal or encapsulation of friable asbestos-contain ing material from any facility where such activity must be conducted immediately in order to prevent disruption of a commercial or industrial process or activity or destruction of property.
(8) 'Encapsulation' means to coat, bind, or resurface walls, ceilings, pipes, or other structures with a sealant to prevent friable asbestos from becoming airborne.
(9) 'Facility' means any institutional, commercial, or industrial structure, installation, or building, including apartment buildings having more than four dwelling units.
(10) 'Friable asbestos-containing material' means any material which is applied onto ceilings, walls, structural members, piping, boilers, tanks, pumps, ductwork, or any other part of the building containing more than 1 percent asbestos, by weight, and which when dry may be crumbled, pulverized, or reduced to powder by hand pressure.
(11) 'Person' means any individual, partnership, association, trust, firm, corporation, county, municipality, or other entity, including the state and federal governments.
(12) 'Project' means the removal or encapsulation by a contractor of friable asbestoscontaining material from any facility or residential dwelling.
(13) 'Removal' means to take out, strip, clean up, or dispose of friable or potentially friable asbestos-containing materials from any facility or residential dwelling as defined by this chapter.
(14) 'Residential dwelling' means any family residence or apartment building with four or fewer dwelling units.
(15) 'Small project' means any asbestos removal or encapsulation project involving less than 160 square feet or 260 linear feet of friable asbestos-containing materials.
12-12-4. (a) There is created a state Asbestos Licensing Board to adopt, administer, and enforce a program of licensing for contractors and certification for asbestos foremen. The

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board shall consist of seven members, each of whom shall be appointed by the Governor, subject to confirmation by the Senate. The initial board members shall begin their terms of office on July 1, 1986. The first appointees shall serve their terms as follows: four members for two years and three members for four years. Thereafter, each member shall serve a term of four years and until his successor is appointed. At the first meeting of the board held each year, the members shall elect a chairman to serve for one year. The Governor may remove any member of the board for neglect of duty, incompetence, or other unethical or dishonorable conduct. After such removal or after the creation of a vacancy due to death, resignation, or ineligibility, the Governor shall appoint a successor to serve the unexpired term subject to confirmation by the Senate. Any person appointed to the board when the Senate is not in session may serve on the board without Senate confirmation until the Sen ate acts on that appointment. No member shall serve on the board for more than two con secutive terms.
(b) The board must include among the appointed members one contractor engaged in asbestos abatement activities, one building owner or facility administrator, one registered professional engineer, one industrial hygienist familiar with asbestos abatement activities, one representative of labor, one licensed architect, and one person chosen at large who shall have no connection whatsoever with any profession related to asbestos abatement activities.
12-12-5. Each member of the board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2.
12-12-6. (a) The director shall act as the administrative agent for the board.
(b) The division shall have the duty to bring together and keep all records of the board, to receive all applications for licenses and certificates, to schedule a time and place for all hearings, to issue certificates upon authority of the board, to collect all fees, and to remit such fees to the state treasury.
(c) All orders and processes of the board shall be signed and attested by the director or his designee, and any notice or legal process necessary to be served upon the board may be served upon the director.
12-12-7. In carrying out this chapter, the board shall have and may exercise the follow ing powers and duties:
(1) To adopt and amend rules and regulations which may be reasonably necessary to provide for its own government and to govern the licensing of contractors, the certification of asbestos foremen, and the regulation of proceedings before the board. The board and all of its rules, regulations, and procedures are subject to and shall comply with the provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act';
(2) To establish annual license and certification fees to recover the cost of processing applications;
(3) To pay into the state treasury all fees and moneys received by it;
(4) To license contractors;
(5) To certify asbestos foremen; and
(6) To refuse to grant licenses or certifications, or to suspend or revoke licenses or certi fications in a manner consistent with this chapter.
12-12-8. The Board of Natural Resources shall have and may exercise the power to adopt and amend rules and regulations which may be necessary to ensure proper perform ance of asbestos removal and encapsulating projects and compliance with any provision of this chapter related thereto, to implement the programs of inspection and enforcement au thorized in this chapter, and to adopt a schedule of project fees as required in this chapter. The Board of Natural Resources is expressly empowered to promulgate the rules and regu lations consistent with this chapter to ensure the proper performance of asbestos removal and encapsulating projects commenced on and after April 1, 1986, and prior to the effective date of the licensing and certification requirements in this chapter.

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12-12-9. The director shall have and may exercise the following powers and duties:
(1) To serve as technical secretary to the board. The technical secretary shall assist and advise the board in the conduct of its duties, to include recommending rules and regulations for contractor licensing and asbestos foreman certification, recommending actions to be taken concerning license or certification revocation or suspension, and coordinating activi ties between the board and the division;
(2) To exercise general supervision over the administration and enforcement of this chapter and all rules and regulations and orders promulgated under this chapter;
(3) To issue all orders and processes as may be necessary to enforce compliance with provisions of this chapter and all rules and regulations promulgated under this chapter;
(4) To conduct such public hearings as are deemed necessary for the proper administra tion of this chapter;
(5) To make investigations, analyses, and inspections to determine and ensure compli ance with this chapter, rules and regulations promulgated pursuant to this chapter, and any orders which the director may issue;
(6) To institute and prosecute such court actions as may be necessary to enforce com pliance with any provisions of this chapter and any rules and regulations promulgated under this chapter;
(7) To exercise all incidental powers necessary to carry out the purpose of this chapter; and
(8) To encourage voluntary cooperation by persons in affected groups to achieve the purpose of this chapter.
12-12-10. (a) From and after April 1, 1987, any contractor shall obtain a license under this chapter from the board prior to engaging in the removal or encapsulation of friable asbestos-containing materials from any facility or residential dwelling in this state.
(b) The application for license shall be made in the manner and form required by the board. An application for license or renewal of a license shall be accompanied by an applica tion fee in the amount required by the board and proof of such training, examination, and experience as are required by the board.
(c) The board shall license all applicants for licenses under this chapter who satisfy the requirements of this chapter and the rules and regulations promulgated under this chapter. Licenses shall be valid for a period of one year. Licenses shall be renewable upon application to the board and upon satisfaction of the renewal requirements of the board.
12-12-11. (a) From and after April 1, 1987, no person may be employed as an asbestos foreman unless that person is certified by the board.
(b) The board shall certify all applicants for certification under this chapter who satisfy the requirements of this chapter and the rules and regulations promulgated under this chap ter. One requirement for such certification shall be the successful completion of a course of training approved by the board. Application for certification shall be made on forms pre scribed and furnished by the board and shall be accompanied by a fee as prescribed by the board.
(c) A certification shall expire after one year. Applications for the renewal of a certifica tion shall be filed with the board within 30 days of the expiration date.
12-12-12. The board, upon application and without more, may issue a certificate or li cense in a comparable classification to any person who holds a certificate or license in any state, territory, or possession of the United States, provided that the requirements for licensure of asbestos abatement contractors or asbestos foremen under which the person's license or certificate was issued do not conflict with this chapter and are of a standard not lower than that specified by regulations adopted under this chapter; provided, further, that recip-

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rocal privileges are granted to licensed asbestos abatement contractors and asbestos foremen of this state.
12-12-13. (a) The board, after notice and opportunity for a hearing, may refuse to grant a license or certificate to an applicant therefor or may revoke or suspend the license or certificate of a person licensed or certified by the board upon a finding that the licensee, certificant, or applicant has:
(1) Made any false statement or given any false information in connection with an ap plication for license or certificate, including an application for renewal thereof;
(2) Knowingly violated this chapter or violated any rule or regulation promulgated pur suant to the authority contained in this chapter; or
(3) Failed to demonstrate the qualifications or standards for licensure or certification contained in this chapter or in the rules and regulations of the board. It shall be incumbent upon the applicant to demonstrate to the satisfaction of the board that he meets all the requirements for licensure or registration; and, if the board is not satisfied as to the appli cant's qualifications, it shall have the power to deny such licensure or certification.
(b) Any notice by the board shall be served upon the licensee, certificant, or applicant by either certified mail or personal service setting forth the particular reasons for the pro posed action and fixing a date, not less than 20 days from the date of such mailing or 15 days from the date of such personal service, through which time the licensee, certificant, or applicant shall be given the right to petition the board in writing for a hearing. If no such request for hearing is filed with the board during this time period, the proposed action will become final. A petition for hearing shall be considered filed on the date it is received in the director's office.
(c) Any hearing under this Code section shall be before an administrative law judge appointed by the board. The hearing before the administrative law judge shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and the rules and regulations adopted by the board pursuant to such chapter. The decision of the administrative law judge shall constitute the final decision of the board.
(d) (1) If the administrative law judge finds that any applicant for licensure or certifica tion is unqualified to be granted such license or certificate, he may:
(A) Deny the application for licensure or certification; or
(B) Limit or restrict any license or certificate for a definite period of time.
(2) If the administrative law judge finds that the license or certificate of any holder thereof should be revoked or otherwise sanctioned, he may take any one or more of the following actions:
(A) Suspend any license or certificate for a definite period of time;
(B) Limit or restrict any license or certificate for a definite period of time;
(C) Revoke a license or certificate; or
(D) Place a licensee or certificant on probation for a definite period of time and impose such conditions of probation as will adequately protect the public during that period.
(e) Judicial review of a final decision of the administrative law judge under this Code section shall be had in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
12-12-14. From and after April 1, 1986, no contractor shall engage in a project prior to notifying the director of such activity at least seven calendar days prior to commencement of same. Such prior notice need not be provided for an emergency project; however, the contractor shall notify the director of the activity within seven calendar days after the com mencement of such project. The notification shall be made in the manner and form required by the director and shall be accompanied by a project fee established by the Board of Natu-

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ral Resources. In no case, however, shall the project fee exceed $50.00 for asbestos abate ment in a residential dwelling or any small project as defined in this chapter, nor shall it exceed $1,000.00 for any other project. The notification shall state the location of the pro ject, the owner's name and address, the expected dates on which the project will begin and end, and any other information as may be required by the director. The contractor shall comply with this chapter, regulations promulgated pursuant to this chapter, and any regula tion pertaining to asbestos removal promulgated under Chapter 9 of this title, 'The Georgia Air Quality Act of 1978.' Upon completion of the project, the contractor shall certify to the director, on forms specified by the director, that the project was conducted in accordance with this chapter and the rules and regulations promulgated pursuant to this chapter and Chapter 9 of this title, 'The Georgia Air Quality Act of 1978.'
12-12-15. It shall be unlawful to, and no person shall, either as an asbestos foreman or contractor, engage in the removal, encapsulation, cleaning, or disposal of friable asbestoscontaining materials or conduct quality assurance activities or air sampling in conjunction with such activities, except in such a manner as to conform to and comply with this chapter and all rules, regulations, and orders established under this chapter.
12-12-16. The director or his authorized employees of the division, upon a presentation of his credentials, shall have a right to enter into, upon, or through premises of persons subject to this chapter or premises where a violation of this chapter is reasonably believed to be occurring or about to occur; to investigate, sample, and inspect for compliance with the requirements imposed under this chapter; or to determine whether such a violation or threatened violation exists. The contractors shall make available to the director or his au thorized representative such records, data, and other information as may be required by this chapter or rules and regulations issued pursuant to this chapter.
12-12-17. Whenever the director determines that a person is violating any provision of this chapter or any rule or regulation established under this chapter, he may issue an order requiring such person to cease and desist such activity within such a period of time as the director deems reasonable.
12-12-18. Whenever in the judgment of the director any person has engaged in or is about to engage in any act or practice which constitutes or will constitute an unlawful action under this chapter, the director may make application to the superior court of the county in which such person resides or in which jurisdiction is appropriate for an order enjoining such an act or practice or for an order requiring compliance with this chapter; and, upon a show ing by the director that such person has engaged or is about to engage in any such act or practice, a permanent or temporary injunction, restraining order, or other order shall be granted without the necessity of showing lack of an adequate remedy at law.
12-12-19. Notwithstanding any other provision of this chapter, the director, upon re ceipt of evidence that a project is presenting an imminent and substantial endangerment to the health of persons, may bring an action as provided in Code Section 12-12-18 to restrain immediately any person causing or contributing to the alleged danger or to take such other action as may be necessary. If it is not practicable to assure prompt protection of the health of persons solely by commencement of such a civil action, the director may issue such orders as may be necessary to protect the health of persons who are or may be affected by such project. Notwithstanding Code Section 12-12-21, such order shall be immediately effective for a period of not more than 48 hours unless the director brings an action under Code Section 12-12-18 before the expiration of such period. Whenever the director brings such an action within such period, such order shall be effective for such a period of time as may be authorized by the court pending litigation or thereafter.
12-12-20. (a) Any person violating any provision of this chapter or rules or regulations under this chapter or failing or refusing to comply with any final order issued under this chapter shall be liable for a civil penalty of not more than $25,000.00 per day. Each day during which the violation or failure continues shall be a separate violation.
(b) Whenever the director has reason to believe that any person has violated any provi-

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sion of this chapter or any rules or regulations under this chapter or has failed or refused to comply with any final order issued under this chapter, he may, upon written request, cause a hearing to be conducted before an administrative law judge appointed by the Board of Natural Resources for the purpose of determining whether such civil penalties should be imposed as are in accordance with the law there involved. The decision of the administrative law judge shall constitute the final decision of the Board of Natural Resources and any party to the hearing, including the director, shall have a right of judicial review as provided in this chapter. Such hearing and any judicial review thereof shall be conducted in accor dance with subsection (c) of Code Section 12-12-2.
(c) All civil penalties recovered by the director as provided in this Code section shall be paid into the state treasury.
12-12-21. All hearings on and judicial review of orders or other administrative enforce ment actions of the director under this chapter shall be provided and conducted in accor dance with subsection (c) of Code Section 12-1-1.
12-12-22. Any order of the director or an administrative law judge issued in accordance with this chapter which is unappealed from or affirmed or modified on appeal or review may be filed by the director by certified copy in the superior court of the county wherein the person resides or, if said person is a corporation, in the county wherein the corporation maintains its principal place of business or in the county wherein the violation occurred. The court shall then render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect, and all proceedings in relation thereto shall be the same, as though said judgment had been rendered in an action duly heard and determined by the court.
12-12-23. It shall be the duty of the Attorney General to provide legal representation to the board and to the director in connection with this chapter.
12-12-24. It is not the intent of this chapter to conflict with rules and regulations promulgated by the United States Environmental Protection Agency pursuant to the Toxic Substances Control Act or the Clean Air Act or by the Occupational Safety and Health Administration of the United States Department of Labor pursuant to the Occupational Safety and Health Act or by other applicable federal statutes.
12-12-25. Nothing in this chapter shall be construed to constitute a waiver of the sover eign immunity of the state, the board, the Board of Natural Resources, or the division. No action shall be brought against the state, the board, the Board of Natural Resources, the division, or any member, officer, or employee of these governmental bodies for damages sus tained from the improper or unlawful removal or encapsulation of friable asbestos-contain ing materials from facilities or residential dwellings governed by this chapter. Nothing in this chapter and no order, action, license, or advice of the board, the director, the division, or any representative thereof shall be construed to relieve a contractor, project monitor, or asbestos worker of the legal duties, obligations, or liabilities incident to removal or encapsu lation of friable asbestos-containing materials from facilities or residential dwellings.
12-12-26. For the purposes of Chapter 2 of Title 43, 'The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the Asbestos Li censing Board shall be terminated on April 1, 1990, and this chapter and any other laws relating to such board shall be repealed in their entirety effective on the date specified in Code Section 43-2-8."
Section 2. 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 Gillis of the 20th, the yeas were 37, nays 0, and the substitute was adopted.

TUESDAY, FEBRUARY 25, 1986

1239

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 Bowen Brannon Brantley Broun of 46th Burton 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 Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Bond Brown of 47th Bryant

Cobb Coleman Fincher

Horton Kennedy (presiding)

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 Gillis of the 20th moved that SB 409 be immediately transmitted to the House.

On the motion, the yeas were 29, nays 0; the motion prevailed, and SB 409 was immedi ately transmitted to the House.

The following resolution of the Senate was read and adopted:

SR 467. By Senator Starr of the 44th: A resolution commending the Forest Park Senior High School baseball team.

Senator Starr of the 44th introduced the Forest Park Senior High School baseball team and their coach, Jeff Guy.

The following resolution of the Senate was read and adopted:

SR 460. By Senator Broun of the 46th: A resolution commending the University of Georgia Cheerleaders.

Senator Broun of the 46th introduced Georgia Cheerleaders' coach, Mike Castronis, who briefly addressed the Senate.

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

SB 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.

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

On the passage 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
, Brantley Broun of 46th Burton Coverdell
Dawkins
Dean
English Engram

Fincher Foster Garner Gillis Greene Mine Holloway Horton Howard Hudgins Huggins
Kidd
Langford
McGill McKenzie

Peevy Perry Phillips Ray Reddish Scott of 2nd Scott f 0. , , Stumbaugh iate Tolleson
Trulock
Turner
Tysinger Walker

Those not voting were Senators:

Barker Brown of 47th Bryant Cobb

Coleman Deal Harris Harrison

Kennedy (presiding) Land Starr Timmons

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

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

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

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.

Senator Turner of the 8th moved that the Senate recede from Senate Amendment No. 2 to HB 1346.

TUESDAY, FEBRUARY 25, 1986

1241

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Burton Coverdell Dawkins English Engram

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

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

Those not voting were Senators:

Brannon Bryant Cobb Coleman

Deal Dean Garner Kennedy (presiding)

Land Starr Timmons

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate receded from Senate amendment No. 2 to HB 1346.

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

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

The Conference Committee report on SB 77 was as follows:

The Committee of Conference on SB 77 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 77 be adopted.
Respectfully submitted,

FOR THE SENATE:
Is/ Honorable Roy E. Barnes Senator, 33rd District
/s/ Honorable Paul C. Broun Senator, 46th District
/s/ Honorable Richard L. Greene Senator, 26th District

FOR THE HOUSE: OF REPRESENTATIVES:
/s/ Honorable Frank Home Representative, 103rd District
/s/ Honorable Bob Argo Representative, 68th District
/s/ Honorable Rudolph Johnson Representative, 72nd District

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Conference Committee substitute to SB 77:
A BILL
To be entitled an Act to amend Chapter 5 of Title 51 of the Official Code of Georgia Annotated, relating to libel and slander, so as to change the nature of relevant and compe tent evidence in libel actions; to provide that evidence of a plaintiffs request for retraction shall be relevant and competent if the request is made in writing at least seven days prior to the filing of the action; to provide that evidence of a plaintiffs failure to request retraction in this manner shall also be relevant and competent; to provide that the defendant may allege and give proof that a retraction was published within seven days after receipt of such a demand or was published in the next regular publication if no regular publication was made within such seven-day period; to provide for other matters related to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 5 of Title 51 of the Official Code of Georgia Annotated, relating to libel and slander, is amended by striking Code Section 51-5-11, relating to admissibility of evidence and damages in libel actions, and inserting in its place a new Code section to read as follows:
"51-5-11. (a) In any civil action for libel which charges the publication of an erroneous statement alleged to be libelous, it shall be relevant and competent evidence for either party to prove that the plaintiff requested retraction in writing at least seven days prior to the filing of the action or omitted to request retraction in this manner.
(b) In any such action, the defendant may allege and give proof of the following mat ters, as applicable:
(1) (A) That the matter alleged to have been published and to be libelous was published without malice;
(B) That the defendant, in a regular issue of the newspaper or other publication in question, within seven days after receiving written demand, or in the next regular issue of the newspaper or other publication following receipt of the demand if the next regular issue was not published within seven days after receiving the demand, corrected and retracted the allegedly libelous statement in as conspicuous and public a manner as that in which the alleged libelous statement was published; and
(C) That, if the plaintiff so requested, the retraction and correction were accompanied, in the same issue, by an editorial in which the allegedly libelous statement was specifically repudiated; or
(2) That no request for correction and retraction was made in writing by the plaintiff.
(c) Upon proof of the facts specified in paragraph (1) or (2) of subsection (b) of this Code section, the plaintiff shall not be entitled to any punitive damages and the defendant shall be liable only to pay actual damages. The defendant may plead the publication of the correction, retraction, or explanation, including the editorial, if demanded, in mitigation of damages."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Senator Barnes of the 33rd moved that the Senate adopt the Conference Committee report on SB 77.
On the motion, a roll call was taken, and the vote was as follows:

TUESDAY, FEBRUARY 25, 1986

1243

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

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

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

Those not voting were Senators:

Bryant Cobb Dean

Garner Kennedy (presiding) Starr

Stumbaugh Timmons

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on SB 77.

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

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.

Senator Hine of the 52nd moved that the Senate insist upon the Senate amendment to HB 1162.

On the motion, the yeas were 30, nays 0; the motion prevailed, and the Senate insisted upon the Senate amendment to HB 1162.

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

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.

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 Bond Brannon

Brantley Broun of 46th Brown of 47th

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Burton Coleman Dawkins Deal English
tFom*c1h?e*r GFoasrtneerr Gillis Greene Harris Harrison

Mine Holloway Horton Hudgins Muggins
JLadn<d! LMacnGgiflol rd McKenzie Peevy Perry Phillips

Ray Reddish Scott of 2nd Scott of 36th Starr
S,,tumbaugh T*o,,lleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Allgood Bowen Bryant

Cobb Coverdell Dean

Howard Kennedy (presiding) Timmons

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

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

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.
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 Baldwin Barker Bond Bowen Broun of 46th Brown of 47th Burton CDoavwekridnesll
Deal Dean English Engram Fincher Foster

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

Peevy Perry Phillips Ray Reddish Scott of 2nd Scott rf 36th ,, Srtuarmr b, augh,
Iate Timmons Tolleson Turner Tysinger Walker

TUESDAY, FEBRUARY 25, 1986

1245

Those not voting were Senators:

Allgood Barnes Brannon

Brantley Bryant Cobb

Coleman Kennedy (presiding) 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 bill of the Senate was taken up for the purpose of considering the House substitute thereto:

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 substitute to SB 387 was as follows:

A BILL
To be entitled an Act 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 communicable disease at the time of death; to define a certain term; to provide procedures; to provide for the confidential and privileged nature of information in such notifications and restrict the disclosure thereof subject to certain exceptions; to provide for immunity from liability; to provide a penalty; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 21 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions concerning dead bodies, is amended by adding at the end thereof a new Code Section 31-21-3 to read as follows:
"31-21-3. (a) For the purposes of this Code section, the term 'infectious or communica ble disease' shall include the following:
(1) Infectious hepatitis;
(2) Tuberculosis;
(3) Any venereal disease enumerated in Code Section 31-17-1; or
(4) Acquired immune deficiency syndrome (AIDS).

(b) (1) When a person who has been diagnosed as having an infectious or communicable disease dies in a hospital or other health care facility, the attending physician shall prepare a written notification describing such disease to accompany the body when it is picked up for disposition.

(2) When a person dies outside of a hospital or health care facility and without an attending physician, any family member or person making arrangements for the disposition of the dead body who knows that such dead person had been diagnosed as having an infec tious or communicable disease at the time of death shall prepare a written notification describing such disease to accompany the body when it is picked up for disposition.

(3) Any person who picks up a dead body for disposition and who has been notified that the person had been diagnosed as having an infectious or communicable disease at the time of death pursuant to the provisions of paragraph (1) or (2) of this subsection shall present

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such notification accompanying the dead body to any embalmer, funeral director, or other person taking possession of the dead body.
(c) Information regarding a deceased's infectious or communicable disease and con tained in a notification required to be prepared pursuant to subsection (b) of this Code section shall be privileged and confidential and may only be disclosed if:
(1) That disclosure is required pursuant to Chapter 17 of this title;
(2) That disclosure is required by federal law, but only to the extent so required;
(3) That disclosure is made by a physician pursuant to Code Section 24-9-40 or any other law authorizing a physician to disclose otherwise privileged information;
(4) That disclosure is for research purposes and does not reveal:
(A) The identity of the deceased; or
(B) Information which would reveal the identity of the deceased;
(5) That disclosure involves information regarding sexual assault or sexual exploitation of a deceased child and is required to be reported pursuant to Code Section 19-7-5 or any other law requiring the reporting of such assault or exploitation of a child, but only to the extent that such disclosure is so required to be reported.
(6) That disclosure involves information regarding a deceased minor and the disclosure is made to the parent or guardian of that minor; or
(7) That disclosure is made to the person who picks up the dead body or is made in the ordinary course of business to any employee or agent of any person or entity authorized or required under this Code section to receive or report that information.
(d) Information privileged and confidential under this Code section may not be dis closed pursuant to discovery proceedings, subpoena, or court order.
(e) Any disclosure authorized by this Code section or any unauthorized disclosure of information or communications made privileged and confidential by this Code section shall not in any way abridge or destroy the confidential or privileged character thereof except for the purposes for which any authorized disclosure is made. Any person making a disclosure authorized by this chapter shall not be liable therefor, notwithstanding any contrary provi sions of law.
(f) Any person having duties imposed upon that person pursuant to subsection (b) of this Code section who knowingly refuses or omits to perform such duties shall be guilty of a misdemeanor."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Brannon of the 51st moved that the Senate agree to the House substitute to SB 387.

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

Those voting in the affirmative were Senators:

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

Burton Coverdell Dawkins Deal Dean English Engram Fincher Foster Gillis

Greene Harris Harrison Hine Holloway Horton Howard Hudgins Huggins Kidd

TUESDAY, FEBRUARY 25, 1986

1247

Langford McGill MPeceKvyenzie
Perry Phillips

Ray Reddish SStcaortrt of 36th
Stumbaugh Tate

Timmons Tolleson T,,urner
Tysmger Walker

Those not voting were Senators:

Barnes Bryant Cobb

Coleman Garner Kennedy (presiding)

Land Scott of 2nd Trulock

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 387.

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

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.
Senate Sponsor: Senator Harris of the 27th.

The Senate Committee on Public Utilities offered the following substitute to HR 514:

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; to provide an effective date; to repeal conflicting laws; and for other purposes.
WHEREAS, the State of Georgia is the owner of certain real property located in Land Lot 156, 4th Land District of Bibb County, Georgia, which is in the custody of the Depart ment of Agriculture and utilized as Macon Farmers' Market; and
WHEREAS, AT&T Communications, Inc., desires to extend a lightguide cable line under a portion of said property; and
WHEREAS, this lightguide cable under a portion of said property will be beneficial both to the State of Georgia and AT&T Communications, Inc.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL AS SEMBLY OF GEORGIA:
Section 1. That the State of Georgia is the owner of the hereinafter described real prop erty, herein referred to as the "easement area," and that, in all matters relating to the ease ment area, the State of Georgia is acting by and through its State Properties Commission.
Section 2. That the State of Georgia, acting by and through its State Properties Com mission, may grant to AT&T Communications, Inc., its successors and assigns, a perpetual easement for the construction, operation, and maintenance of a lightguide cable under the easement area for the purpose of constructing, erecting, operating, maintaining, repairing, and replacing a lightguide cable, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in Land Lot 156, 4th Land District of Bibb County, Georgia, and is more particularly described as follows:
That portion and that portion only that is shown and delineated in red on a drawing

JOURNAL OF THE SENATE

513 acre, a copy of which is on file in the office of the State
)ove-described premises shall be used solely for the purpose of tailing, maintaining, inspecting, and operating an underground
;T Communications, Inc., shall not permit any person except ic., employees, contractors, and agents to enter upon the premises poses and to the extent contemplated herein.
r Communications, Inc., shall have the right to remove from said trees and bushes as may be reasonably necessary for the proper id maintenance of said lightguide cable.
AT&T Communications, Inc., has constructed and put into use hich this easement is granted, a subsequent abandonment of the reversion to the State of Georgia, its successors and assigns, of all es, powers, and easement granted herein. Upon abandonment, Inc., its successors and assigns, shall have the option of removing iment area or leaving the same in place, in which event the facility y of the State of Georgia, its successors and assigns.
itle shall be conveyed to AT&T Communications, Inc., and, except nted to AT&T Communications, Inc., all rights, title, and interest irea is reserved in the State of Georgia, which may make any use of iconsistent with or detrimental to the rights, privileges, and interest mnications, Inc.
: easement granted to AT&T Communications, Inc., shall contain ions, and covenants as the State Properties Commission shall deem ;he State of Georgia and that the State Properties Commission is e accurate description of the easement area, so long as the descripte Properties Commission describes the same easement area herein
consideration for such easement shall be $3,000.00 and the mutual om the construction, operation, and maintenance of said lightguide
he State Properties Commission is authorized and empowered to do essary and proper to effect the grant of the easement area.
is resolution shall become effective as law immediately upon its apor upon its becoming law without such approval.
l laws and parts of laws in conflict with this resolution are repealed,
f the substitute, the yeas were 34, nays 0, and the substitute was

ommittee, which was favorable to the adoption of the resolution by o.

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

e affirmative were Senators:
Bond Bowen Brannon Broun of 46th Brown of 47th

Burton Coverdell Deal Dean English

TUESDAY, FEBRUARY 25, 1986

1249

Engram Fincher Foster Gillis Greene Harris Harrison Hine Holloway Horton

Howard Hudgins Kidd Land Langford McGill Peevy Perry Phillips Ray

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

Those not voting were Senators:

Brantley Bryant Cobb Coleman

Dawkins Garner Huggins Kennedy (presiding)

McKenzie Scott of 2nd Timmons

On the adoption of the resolution, the yeas were 45, nays 0.

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

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

Mr. President:

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

HB 1487. By Representative Watson of the 114th:
A bill to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to provide for a safe, sound, com petitive, and fuel efficient motor carrier system vital to the maintenance of a strong intrastate transportation system; to enhance market entry, carrier growth, maximum utilization of equipment and energy resources, and opportunities for minorities and others to enter the motor carrier industry.

HB 1602. By Representatives Buck of the 95th and Robinson of the 96th:
A bill to amend Code Section 40-5-53 of the Official Code of Georgia Annotated, relating to the courts' responsibility for forwarding traffic convictions, so as to provide that the clerks of any court forwarding a record of a conviction shall retain as additional compensation any fee paid by the state for such report.

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

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.
Senate Sponsor: Senator Ray of the 19th.

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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 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 Kidd Land Langford

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

Those not voting were Senators:

Bond Bryant

Cobb Kennedy (presiding)

Starr

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

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

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.
Senate Sponsors: Senators Hudgins of the 15th and Dawkins of the 45th.

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

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

MEMORANDUM

TO:

The Honorable Joe Mack Wilson, Chairman

House Ways and Means Committee

FROM:

G. W. Hogan, State Auditor C. T. Stevens, Director, Office of Planning and Budget

DATE:

February 10, 1986

TUESDAY, FEBRUARY 25, 1986

1251

SUBJECT:

Fiscal Note--House Bill 1539 (LC 14 4301) Penalty for Filing Late Property Tax Return: Public Utilities and Airlines
This Bill would provide for a delinquent filing penalty of 10 percent of the ad valorem taxes due from public utilities and airline companies. The penalty would be payable to the state, county, or municipality in which such taxes are payable. This Bill would also eliminate the requirement that the Commissioner of Revenue notify a public utility when a property tax return is delinquent and demand that the return be filed within 20 days. A Septem ber 1 deadline for filing returns would be imposed on public utilities after which the utility's charter or permit to do business in the state would be forfeited. Provisions of this Bill would become effective January 1, 1987.
According to the Department of Revenue, this Bill would have no effect on revenues as the 10 percent penalty provision is expected to act as a deter rent to public utilities and airline companies filing late returns. While the utility and airline companies were not delinquent in paying their taxes, ap proximately 200 utilities were delinquent in filing their 1985 ad valorem tax returns. The Department of Revenue expects no substantial cost savings by eliminating the requirement that the Commissioner notify delinquent utili ties as only insignificant costs are associated with this function.

/s/ G. W. Hogan State Auditor

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

Senators Coverdell of the 40th, Brantley of the 56th and Albert of the 23rd offered the following amendment:
Amend HB 1539 by inserting at the end of line 2 on Page 1 the following:
"to change the provisions relating to tax deferrals for elderly persons; to provide for an additional tax deferral for the elderly; to provide for procedures and requirements relative to such additional tax deferral;".
By renumbering Sections 1 through 5 as Sections 3 through 7, respectively, and by ad ding new Sections 1 and 2 to read as follows:
"Section 1. Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation, is amended by adding in Part 2 of Article 2, known as the 'Tax Defer ral for the Elderly Act,' a new Code Section 48-5-72.1 to read as follows:
'48-5-72.1. (a) In addition to the tax deferral authorized by Code Section 48-5-72, any individual aged 62 or older who is entitled to claim a homestead exemption pursuant to Code Section 48-5-44 may elect to defer payment of all or any part of that portion of the ad valorem taxes levied on the individual's homestead which exceeds 4 percent of the individ ual's gross household income for the immediately preceding calendar year. An application for tax deferral under this Code section shall be filed annually with the tax collector or tax commissioner on or before April 1 of the year for which the deferral is sought. If an appli cant qualifies for and requests a tax deferral under Code Section 48-5-72 and this Code section, the tax collector or tax commissioner shall provide the applicant with a form for both such deferrals.
(b) The amount of the assessed value of the homestead and the amount of gross house hold income shall not limit the tax deferral authorized by this Code section. However, ex cept for the provisions of paragraph (2) of Code Section 48-5-73, the provisions of this part shall apply to the tax deferral authorized by this Code section.
(c) It shall be the burden of each applicant for a deferral under this Code section to demonstrate affirmatively the applicant's compliance with this Code section and other pro visions of this part.'

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Section 2. Said chapter is further amended by striking subsection (a) of Code Section 48-5-84, relating to penalties applicable to the 'Tax Deferral for the Elderly Act,' in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:
'(a) The following penalties shall be imposed on any person who willfully files informa tion required under Code Sections 48-5-72, 48-5-72.1, and 48-5-78 which is incorrect:
(1) The person shall pay the total amount of taxes and interest deferred, which amount shall immediately become due;
(2) The person shall be disqualified from filing a homestead tax deferral application for the next three years; and
(3) The person shall pay a penalty of 25 percent of the total amount of taxes and inter est deferred.'"
By striking from lines 11, 12, and 13 on Page 1 the following:
"Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation is",
and inserting in lieu thereof the following:
"Said chapter is further".

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 D. Coverdell

State Senator

FROM:

G. W. Hogan, State Auditor C. T. Stevens, Director, Office of Planning and Budget

DATE:

February 24, 1986

SUBJECT: Fiscal Note--House Bill 1539--Amendment (AM 7 0030) Ad Valorem Tax Deferral: Elderly Persons

This Bill would allow any person aged 62 or older who is entitled to a homestead exemption to defer ad valorem taxes on their homestead which exceed four percent of the individual's gross household income for the pre ceding calendar year. The assessed value of the homestead and the individ ual's gross household income would not limit this tax deferral.

Persons applying for this tax deferral would be required to file an annual application with the tax collector or tax commissioner on or before April 1 of the year for which the deferral is sought.

This Bill would also provide for a delinquent filing penalty of 10 percent of the ad valorem taxes due from public utilities and airline companies. The penalty would be payable to the state, county, or municipality in which such taxes are payable. This Bill would also eliminate the requirement that the Commissioner of Revenue notify a public utility when a property tax return is delinquent and demand that the return be filed within 20 days. A Septem ber 1 deadline for filing returns would be imposed on public utilities after which the utility's charter or permit to do business in the state would be forfeited. Provisions of this Bill would become effective January 1, 1987.

The fiscal impact of this Bill cannot be completely determined. Suffi cient information is not readily available which compares property tax liabili ties with income data. The cost of the ad valorem tax deferral, therefore,

TUESDAY, FEBRUARY 25, 1986

1253

cannot be estimated. According to the Department of Revenue, the delin quent filing penalties have no effect on revenues as the 10 percent penalty provision is expected to act as a deterrent to public utilities and airline com panies' filing late returns. While the utility and airline companies were not delinquent in paying their taxes, approximately 200 utilities were delinquent in filing their 1985 ad valorem tax returns. The Department of Revenue ex pects no substantial cost savings by eliminating the requirement that the Commissioner notify delinquent utilities as only insignificant costs are associ ated with this function.

Isl G. W. Hogan State Auditor

1st C. T. Stevens, Director Office of Planning and Budget

On the adoption of the amendment, the yeas were 22, nays 17, and the amendment was adopted.

Senators Peevy of the 48th, Barnes of the 33rd and Phillips of the 9th offered the fol lowing substitute to HB 1539:

A BILL
To be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code," so as to provide that the penalty for failure to pay ad valorem taxes shall not apply to ad valorem taxes on homestead property which has been acquired by a new owner who did not receive a tax bill and who resided outside of the State of Georgia immediately before acquiring the homestead property; 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 by such an entity; to provide for all related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Reve nue Code," is amended by striking subsection (b) of Code Section 48-2-44, relating to penal ties and interest for failure to pay taxes and revenue held in trust for the state, and in serting in its place a new subsection (b) to read as follows:
"(b) (1) In any instance in which any person willfully fails, on or after July 1, 1981, to pay, within 90 days of the date when due, any ad valorem tax owed the state or any local government, he shall pay, in the absence of a specific statutory civil penalty for the failure, a penalty of 10 percent of the amount of tax due and not paid on or before the time pre scribed by law, together with interest as specified by law. This 10 percent penalty shall not, however, apply in the case of:
(A) Ad valorem taxes of $500.00 or less on homestead property as defined in Part 1 of Article 2 of Chapter 5 of this title; or
(B) With respect to tax year 1986 and future tax years, ad valorem taxes of any amount on homestead property as defined in Part 1 of Article 2 of Chapter 5 of this title, if the homestead property was during the tax year acquired by a new owner who did not receive a tax bill for the tax year and who immediately before acquiring the homestead property re sided outside the State of Georgia.
(2) Any city or county authorized as of April 22, 1981, by statute or constitutional amendment to receive a penalty of greater than 10 percent for failure to pay an ad valorem tax is authorized to continue to receive that amount."
Section 2. Said title is further amended by striking Code Section 48-5-513, relating to the forfeiture of the charter of a public utility for the failure to make the ad valorem tax

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return required or to pay the ad valorem tax imposed, and inserting in lieu thereof a new Code Section 48-5-513 to read as follows:
"48-5-513. (a) If a corporation fails to make the return required by Code Section 48-5511 by the date specified by said Code section, or as extended by the commissioner pursuant to Code Section 48-2-36, the corporation shall pay a penalty of 10 percent of the amount of the taxes due. The penalty imposed by this subsection shall be payable to the state, any county, or any municipality to which such taxes are payable.
(b) The penalty for failure of a corporation to make a return by September 1 in any year in which a return is due or to pay a tax as provided in subsection (a) of Code Section 48-5-512, in the case of a domestic corporation, shall be the forfeiture of its charter and, in the case of a foreign corporation, shall be the revocation of its permit to do business in this state."
Section 3. Said title is further amended by repealing in its entirety Code Section 48-5522 which reads as follows:
"48-5-522. If the chief executive officer or, if the chief executive officer is deceased, his personal representative refuses or fails to make returns of property which should have been returned to the commissioner as provided in this article, the commissioner shall notify in writing the chief executive officer or his personal representative of his delinquency and shall demand that a return of the property be made within 20 days.",
and inserting in lieu thereof the following:
"48-5-522. Reserved."
Section 4. Said title is further amended by striking Code Section 48-5-541, relating to the requirement for airline companies to file a property tax return, and inserting in lieu thereof a new Code Section 48-5-541 to read as follows:
"48-5-541. (a) Each airline company operating in this state shall make an annual prop erty tax return of its flight equipment to the commissioner on or before March 1 in each year for the preceding calendar year. Each type and model of flight equipment shall be separately returned, valued, and apportioned as provided in this article.
(b) If an airline company fails to make the return required by subsection (a) of this Code section by the date specified therein, or as extended by the commissioner pursuant to Code Section 48-2-36, the airline company shall pay a penalty of 10 percent of the amount of the taxes due. The penalty imposed by this subsection shall be payable to the state, any county, or any municipality to which such taxes are payable."
Section 5. Section 1 of this Act shall become effective upon approval of this Act by the Governor or upon this Act's becoming law without such approval. Sections 2, 3, and 4 of this Act shall become effective January 1, 1987.
Section 6. All laws and parts of laws in conflict with this Act are repealed.
Senator Coverdell of the 40th offered the following amendment:
Amend the substitute to HB 1539 offered by Senators Peevy of the 48th, Barnes of the 33rd and Phillips of the 9th by inserting after the semicolon on line 7 of Page 1 the following:
"to change the provisions relating to tax deferrals for elderly persons; to provide for an additional tax deferral for the elderly; to provide for procedures and requirements relative to such additional tax deferral;".
By renumbering Sections 2 through 6 as Sections 4 through 8, respectively, and by ad ding new Sections 2 and 3 to read as follows:
"Section 2. Said title is further amended by adding in Part 2 of Article 2 of Chapter 5,

TUESDAY, FEBRUARY 25, 1986

1255

known as the 'Tax Deferral for the Elderly Act," a new Code Section 48-5-72.1 to read as follows:
'48-5-72.1. (a) In addition to the tax deferral authorized by Code Section 48-5-72, any individual aged 62 or older who is entitled to claim a homestead exemption pursuant to Code Section 48-5-44 may elect to defer payment of all or any part of that portion of the ad valorem taxes levied on the individual's homestead which exceeds 4 percent of the individ ual's gross household income for the immediately preceding calendar year. An application for tax deferral under this Code section shall be filed annually with the tax collector or tax commissioner on or before April 1 of the year for which the deferral is sought. If an appli cant qualifies for and requests a tax deferral under Code Section 48-5-72 and this Code section, the tax collector or tax commissioner shall provide the applicant with a form for both such deferrals.
(b) The amount of the assessed value of the homestead and the amount of gross house hold income shall not limit the tax deferral authorized by this Code section. However, ex cept for the provisions of paragraph (2) of Code Section 48-5-73, the provisions of this part shall apply to the tax deferral authorized by this Code section.
(c) It shall be the burden of each applicant for a deferral under this Code section to demonstrate affirmatively the applicant's compliance with this Code section and other pro visions of this part.'
Section 3. Said title is further amended by striking subsection (a) of Code Section 48-584, relating to penalties applicable to the 'Tax Deferral for the Elderly Act," in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:
'(a) The following penalties shall be imposed on any person who willfully files informa tion required under Code Sections 48-5-72, 48-5-72.1, and 48-5-78 which is incorrect:
(1) The person shall pay the total amount of taxes and interest deferred, which amount shall immediately become due;
(2) The person shall be disqualified from filing a homestead tax deferral application for the next three years; and
(3) The person shall pay a penalty of 25 percent of the total amount of taxes and inter est deferred.'"
By striking from lines 18 and 19 of Page 4 the following:
"Sections 2, 3, and 4",
and inserting in lieu thereof the following:
"Sections 2 through 6".

On the adoption of the amendment, 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 Baldwin Barker ar"es

Deal Engram Fincher Foster

Land Langford Peevy Phillips

Brannon Brantley
Broun of 46th Burton Coverdell

Garner Harnson
Hine Horton Muggins

Scott of 36th Stumbaugh
Tolleson Trulock Tysinger

Those voting in the negative were Senators:

Allgood Brown of 47th Coleman

Dawkins Dean English

Gillis Harris Holloway

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Hudgins Kidd McGill McKenzie

Perry Ray Reddish Scott of 2nd

Those not voting were Senators:

Starr Turner Walker

Bowen Bryant Cobh

Greene Howard Kennedy (presiding)

Tate Timmons

On the adoption of the amendment, the yeas were 28, nays 20, and the amendment was adopted.

Senator Hudgins of the 15th moved that HB 1539 be placed on the Table.

On the motion, Senator Peevy of the 48th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Broun of 46th Brown of 47th Coleman Dawkins Dean English Fincher Gillis

Harris Holloway Hudgins Kidd Langford McGill McKenzie Perry Ray

Those voting in the negative were Senators:

Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Timmons Turner Walker

Albert Baldwin Barker Barnes Bond Brannon Brantley Burton

Coverdell Deal Engram Foster Garner Harrison Hine Horton

Those not voting were Senators:

Howard Huggins Land Peevy Phillips Tolleson Trulock Tysinger

Bowen Bryant

Cobb Greene

Kennedy (presiding) Tate

On the motion, the yeas were 26, nays 24; the motion prevailed, and HB 1539 was placed on the Table.

TUESDAY, FEBRUARY 25, 1986

1257

The following resolution of the Senate was read and adopted:

SR 469. By Senators Kennedy of the 4th, Scott of the 2nd, Gillis of the 20th and others: A resolution recognizing and commending Honorable Zell Miller.

The President resumed the Chair.

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

HB 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.
Senate Sponsor: Senator Dawkins of the 45th.

The Senate Committee on Judiciary and Constitutional Law offered the following sub stitute to HB 1324:

A BILL
To be entitled an Act to amend Chapter 3 of Title 53 of the Official Code of Georgia Annotated, relating to probate of wills, so as to provide that 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 or the clerk of the probate court; 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 3 of Title 53 of the Official Code of Georgia Annotated, relating to probate of wills, is amended by adding a new Article 4 to read as follows:
"ARTICLE 4
53-3-80. No acknowledgement of service in any proceeding relating to the probate of wills shall be valid unless it is attested by a notary public or the clerk of the probate court."
Section 2. This Act shall become effective July 1, 1986, and shall apply to acknowledge ments filed for record on or after its 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 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

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

Dawkins Deal Dean English Engram Fincher

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Foster Gillis Greene Harris Harrison Hine Holloway Horton Howard Huggins

Kennedy Kidd Land Langford McGill Peevy Perry Phillips Ray Reddish

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

Those not voting were Senators:

Bowen Bryant Cobb

Coverdell Garner Hudgins

McKenzie Starr

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

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

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.
Senate Sponsor: Senator Hine of the 52nd.

The Senate Committee on Human Resources offered the following amendment: Amend HB 1176 by striking from line 15 of Page 1 the following: "issuance", and inserting in its place the following: "revocation". By striking from lines 7 and 8 of Page 9 the following: "shall", and inserting in its place the following: "in his discretion may". By striking from lines 15 and 16 of Page 9 the following: "may, in its discretion,", and inserting in its place the following: "shall".
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.

TUESDAY, FEBRUARY 25, 1986

1259

On the passage of the bill, 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 Deal Dean English

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

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

Those not voting were Senators:

Bowen Bryant

Cobb Garner

Hudgins

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

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

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.
Senate Sponsors: Senators Deal of the 49th and Baldwin of the 29th.

Senator Baldwin of the 29th offered the following substitute to HB 1277:

A BILL
To be entitled an Act to amend Code Section 15-18-14 of the Official Code of Georgia Annotated, relating to assistant district attorneys, so as to provide a definition; to provide that any person who is appointed as a state paid assistant district attorney and who has attained, in addition to a J.D. or LL.B. degree, 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; to provide for the salary advance of an assistant district attorney who attains an LL.M. degree; to provide for all related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 15-18-14 of the Official Code of Georgia Annotated, relating to

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assistant district attorneys, is amended by inserting immediately following paragraph (3) of subsection (a) a new paragraph, to be designated paragraph (3.1), to read as follows:
"(3.1) 'LL.M. degree' means a masters in law awarded by a law school accredited by the American Bar Association and the Association of American Law Schools in a field of study which has been approved by the Prosecuting Attorneys' Council of Georgia."
Section 2. Said Code section is further amended by striking from the end of subparagraph (f)(2)(D) the word "and", by replacing the period at the end of subparagraph (f)(2)(E) with the symbol and word "; and", and by adding a new subparagraph (f)(2)(F) to read as follows:
"(F) Any person who is appointed as a state paid assistant district attorney and who has attained, in addition to a J.D. or LL.B. degree, 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."
Section 3. Said Code section is further amended by striking in its entirety subsection (h) and inserting in its place a new subsection (h) to read as follows:
"(h) All salary advancements shall be based on quality of work, education, and perform ance. The salary of an attorney appointed pursuant to this Code section may be advanced one step at the first of the calendar month following the anniversary of such attorney's appointment; provided, however, that any attorney who, subsequent to his appointment pursuant to this Code section, attains an LL.M. degree, may be advanced two salary steps effective on the first day of the calendar month following the award of the LL.M. degree. No attorney's salary shall be increased beyond the maximum of the salary range applicable to the attorney's class. Any reduction in salary shall be made in accordance with steps in the salary schedule provided for by subsection (e) of this Code section."
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:

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

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

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

TUESDAY, FEBRUARY 25, 1986

1261

Those not voting were Senators:

Albert Bond Bowen Bryant

Cobb Engram Fincher Hine

Hudgins Trulock Walker

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

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

HB 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.
Senate Sponsor: Senator Scott of the 2nd.

The Senate Committee on Children and Youth offered the following amendment:
Amend HB 377 by adding in the title on line 7 of Page 1, immediately following the first semicolon and preceding the words "to repeal", the following:
"to authorize the court to supplement the agreement under certain conditions:".
By striking the quotation marks on line 25 of Page 1 and by adding after line 25 on Page 1 the following:
"(c) In its judgment, the court may supplement the agreement on issues not covered by such agreement.'"

On the adoption of the amendment, the yeas were 36, 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 Barker
Bond Brantley BBrroowunn ooff 4467tthh Coleman Dean English Engram

Gillis Harris Horton
Howard Hudgins K.. enn6 ed, y Ki dd Langford McGill Peevy

Perry Ray Reddish
Scott of 2nd Scott of 36th S,,.tarr Tate Timmons Trulock Walker

Those voting in the negative were Senators:

Baldwin Barnes Bowen Brannon Burton

Coverdell Dawkins Deal Fincher Foster

Garner Greene Harrison Holloway Huggins

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Land McKenzie

Stumbaugh Tolleson

Those not voting were Senators:

Bryant Cobb

Hine Phillips

Tysinger Turner

On the passage of the bill, the yeas were 31, nays 20.

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

Senator Scott of the 2nd moved that HB 377 be immediately transmitted to the House.

Senator Greene of the 26th gave notice that, at the proper time, he would move that the Senate reconsider its action in passing HB 377.

The President ruled that the motion offered by Senator Greene of the 26th takes prece dence over the motion offered by Senator Scott of the 2nd.

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.
Senate Sponsor: Senator Trulock of the 10th.

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
G. W. Hogan, State Auditor
January 30, 1986
Legislative Bill (LC 6 5932-EC) HB 1570 Teachers Retirement System

This Bill would exclude any appropriations made to the State Board of Education from the state's share of employer contributions to the Teachers Retirement System. The local units of administration would be required to bear the balance of the contributions. Funds available to the local units from the state under the Quality Basic Education Act may be used for local contributions.
This is to certify that this is a non-fiscal retirement bill to the Teachers Retirement System.
Isl G. W. Hogan State Auditor

TUESDAY, FEBRUARY 25, 1986

1263

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

On the passage of the bill, a 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 Dawkins Deal Dean Engram

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

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

Those not voting were Senators:

Bryant Cobb

Coverdell English

Hine McKenzie

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

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

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

HB 1602. By Representatives Buck of the 95th and Robinson of the 96th:
A bill to amend Code Section 40-5-53 of the Official Code of Georgia Annotated, relating to the courts' responsibility for forwarding traffic convictions, so as to provide that the clerks of any court forwarding a record of a conviction shall retain as additional compensation any fee paid by the state for such report.
Referred to Committee on Judiciary.

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

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.
Senate Sponsor: Senator Stumbaugh of the 55th.

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Senators Deal of the 49th, Stumbaugh of the 55th, Greene of the 26th and Hine of the 52nd offered the following substitute to HB 1538:
A BILL
To be entitled an Act 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 declare the necessity of reporting of certain information by liability insurers; to require re ports; to provide for the responsibility of the Commissioner of Insurance to ensure compli ance with the reporting requirements; to provide for a date when such annual reports shall be due; to provide for certain actions against insurers required to file such annual reports; 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 operation of the chapter; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to authorization and requirements for transacting insurance, is amended by adding a new Code Section 33-3-21.1 to read as follows:
"33-3-21.1. (a) The Commissioner shall promulgate rules and regulations which shall require each insurer licensed to write property and casualty insurance in this state, as a supplement to the annual report required under Code Section 33-3-21, to submit a report on a form furnished by the Commissioner showing its direct writings in this state.
(b) The supplemental report required by subsection (a) of this section shall include but need not be limited to the following types of insurance written by such insurer:
(1) Motor vehicle bodily injury liability insurance, including medical payments insurance;
(2) Products liability insurance;
(3) Medical malpractice insurance;
(4) Architects' and engineers' malpractice insurance;
(5) Attorney's malpractice insurance;
(6) Motor vehicle personal injury protection insurance;
(7) Motor vehicle property liability insurance;
(8) Uninsured motorist insurance;
(9) Underinsured motorist insurance; and
(10) Commercial casualty or property insurance as defined in paragraph (1) of Code Section 33-7-3 or Code Section 33-7-6.
(c) The supplemental reports shall include the following data for the previous year end ing on the thirty-first day of December:
(1) Direct premiums written;
(2) Direct premiums earned;
(3) Net investment income, including net realized capital gains and losses, using appro priate estimates where necessary;
(4) Incurred claims, developed as the sum of, and with figures provided for all loss transactions on accident (occurrence) by year of the accident (occurrence), the following:
(A) Dollar amount of claims closed with payment, plus
(B) Reserves for reported claims at the end of the current year, minus
(C) Reserves for reported claims at the end of the previous year, plus

TUESDAY, FEBRUARY 25, 1986

1265

(D) Reserves for incurred but not reported claims at the end of the current year, minus
(E) Reserves for incurred but not reported claims at the end of the previous year, plus
(F) Reserves for loss adjustment expense at the end of the current year, minus
(G) Reserves for loss adjustment expense at the end of the previous year;
(5) Actual incurred expenses allocated separately to loss adjustment, commissions, other acquisition costs, general office expenses, taxes, licenses, and fees, and all other expenses;
(6) Net underwriting gain or loss; and
(7) Net operation gain or loss, including net investment income.
(d) This report shall be due by the first day of May, 1987, and of each year thereafter and the first report shall cover the year 1986.
(e) It shall be the duty of the Commissioner to annually compile and review all such reports submitted by insurers pursuant to this Code section. Filings under this Code section shall be public records and shall be available to any interested insured or citizen.
(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."
Section 2. Chapter 33 of Title 33 of the Official Code of Georgia Annotated, relating to fair access to insurance requirements, is amended by striking Code Section 33-33-11 in its entirety and inserting in its place a new Code Section 33-33-11 to read as follows:
"33-33-11. This chapter shall no longer be of any force or effect after December 31, 1990, or after the expiration of the Urban Property Protection and Reinsurance Act of 1968 or any reenactment of the same, whichever shall last occur, except that obligations incurred by the association to be established pursuant to this chapter shall not be impaired by the expiration of this chapter and such association shall be continued for the purpose of per forming such obligations."
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

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

Coverdell Dawkins Deal Dean English Engram

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JOURNAL OF THE SENATE

Fincher Foster Garner Gillis Greene Harris Harrison Holloway Horton Howard Huggins

Kennedy Kidd Land Langford McGill McKenzie Peevy Perry Phillips Ray Reddish

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

Those not voting were Senators:

Bowen Bryant

Cobb Hine

Hudgins

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

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

The following general bill of the House, having been read the third time on February 13 and committed to the Senate Committee on Governmental Operations, and favorably re ported by the committee, was put upon its 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.

The Senate Committee on Governmental Operations offered the following substitute to HB 1246:

A BILL
To be entitled an Act 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 additional eligibility requirements in certain counties; to change the provisions relating to the filling of vacancies in the offices of the judge of probate court in certain counties; to provide that in counties where a chief clerk of the probate judge has been appointed and certain provisions of law have been made applicable to such chief clerk, if such clerk meets the qualifications of office for probate judge, such chief clerk shall assume the duties of the office of the judge of the probate court upon the death, resignation, or incapacity of such judge; to provide for determination of incapacity of a probate judge; to provide procedures; to provide for terms of service and compensation of chief clerks serving in the capacity of probate judges; to provide for elections to fill vacancies; to change the provisions relating to the appointment of clerks in the probate court; to provide authority for the appointment of chief clerks of the probate judges; to provide for the authority and powers of chief clerks of the probate judges; to provide for the duties and authority of chief clerks of the probate judges; to repeal con flicting laws; and for other purposes.

TUESDAY, FEBRUARY 25, 1986

1267

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, is amended by striking in its entirety subsection (a) of Code Section 15-9-4, relating to additional eligibility requirements in certain counties, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) In all counties of this state having a population of more than 100,000 according to the United States decennial census of 1970 or any future such census, no person shall be judge of the probate court unless at the time of his election, in addition to the qualifications required by law, he has attained the age of 30 years and either has practiced law or partici pated in the writing or passage of law for three years preceding his election or has served for at least five years as a clerk of the probate court, which service has been continuous and immediately prior to his election as judge of the probate court."
Section 2. Said chapter is further amended by striking Code Section 15-9-11.1 in its entirety and inserting in lieu thereof a new Code Section 15-9-11.1 to read as follows:
"15-9-11.1. (a) Notwithstanding the provisions of Code Sections 15-9-10 and 15-9-11, in any county in which a chief clerk of the probate judge has been appointed pursuant to Code Section 15-9-36, if this Code section has expressly been made applicable to such chief clerk and said chief clerk meets all qualifications for the office of probate judge, the chief clerk of the probate judge shall assume the duties of the office of the judge of the probate court upon the death, resignation, or incapacity of such judge of the probate court of any such county to serve. Such chief clerk of the probate judge shall serve until such time as the incapacity of such judge is removed or until January 1 following the next succeeding general election, whichever occurs first. The chief clerk of the probate judge shall receive no addi tional compensation for performing the duties of such judge except in cases involving the death or resignation of such judge, in which case the chief clerk of the probate judge shall receive the same compensation, paid in the same manner, as such judge would have re ceived. If the next succeeding general election is not one at which county officers are elected and unless the incapacity of such judge is removed prior to such election, a duly qualified person shall be elected judge at a special election held at the same time as the general election. The person so elected shall take office on January 1 following such election and shall serve for the remainder of the unexpired term of office.
(b) The probate judge may sign an order stating that he is incapacitated to perform the duties of his office, in which case the chief clerk of the probate judge shall act as probate judge. If the chief clerk of the probate judge begins acting as probate judge pursuant to the order of the probate judge, then the probate judge may enter a subsequent order declaring that his incapacity has passed and the probate judge shall resume the duties of his office.
(c) If the chief clerk of the probate judge or a judge of the state or superior court believes that the probate judge is incapacitated, a majority of the superior court judges of the judicial circuit in which the probate court lies may, upon such notice to the probate judge as is reasonable in the circumstances, declare that the probate judge is incapacitated, which shall cause the chief clerk to act as probate judge for not more than ten days. In order for the chief clerk to act as probate judge for longer than ten days, a majority of the supe rior court judges of the judicial circuit in which the probate court lies shall have to decide, after at least ten days' prior written notice personally served upon the probate judge, that such judge is incapacitated to perform the duties of his office. The time period during which the chief clerk of the probate judge may continue to act as probate judge shall be deter mined as provided in subsection (a) of this Code section. If at any time the probate judge believes that he has regained his capacity, he may so notify the chief clerk of the probate judge; and, if the chief clerk consents, then the probate judge shall resume his office. If the chief clerk disagrees, then a hearing shall be held within ten days before the superior court judges of the circuit. The burden in every such case shall be upon the party asserting incapacity."

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Section 3. Said chapter is further amended by striking Code Section 15-9-36 in its en tirety and inserting in lieu thereof a new Code Section 15-9-36 to read as follows:
"15-9-36. (a) The judges of the probate courts are, by virtue of their offices, clerks of their own courts; but they may appoint one or more clerks, for whose conduct they are responsible, who hold their offices at the pleasure of the judge unless such clerks are under a county personnel system. The judges of the probate courts shall also have the authority to appoint one of their clerks as chief clerk of the probate judge unless otherwise provided by local law.
(b) The appointed clerks, including the chief clerk of the probate judge, may do all acts the judges of the probate courts could do which are not judicial in their nature and may act for judges of the probate courts in those cases in which they are authorized to act for the judge by Code Section 15-9-13. The chief clerk of the probate judge shall also have the authority prescribed in Code Section 15-9-11.1 if, and only if, the order appointing such chief clerk expressly states that Code Section 15-9-11.1 is intended to apply to such chief clerk."
Section 4. 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 Bowen Brantley Broun of 46th Brown of 47th Burton Coverdell Dawkins Deal Dean English Engram

Fincher Foster Garner Gillis Harris Harrison Holloway Horton 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

Voting in the negative was Senator Greene.

Those not voting were Senators:

Bond Brannon Bryant

Cobb Coleman Hine

Howard McKenzie

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

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

TUESDAY, FEBRUARY 25, 1986

1269

The following general resolutions and bills of the House, favorably reported by the com mittees, were read the third time and put upon their adoption:

HR 588. By Representative Maddox of the 7th: A resolution designating the Roland Hayes Parkway. Senate Sponsor: Senator Brannon of the 51st.

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 Broun of 46th Brown of 47th Burton 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 Tate
Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Bond Bryant

Cobb Hine

Stumbaugh

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

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

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.
Senate Sponsor: Senator Holloway of the 12th.

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

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

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JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

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

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

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

Those voting in the negative were Senators:

Albert Brantley Burton

Coverdell Land Phillips

Tolleson Tysinger

Those not voting were Senators:

Bryant

Cobb

Hine

On the adoption of the resolution, the yeas were 45, nays 8.

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

HR 577. By Representative Stancil of the 66th: A resolution creating a Joint Liability Insurance Study Committee. Senate Sponsor: Senator Holloway of the 12th.

Senator Holloway of the 12th offered the following substitute to HR 577:

A RESOLUTION
Creating the Joint Liability Insurance and Motor Vehicle Insurance Cost Containment and Availability Study Committee; and for other purposes.
WHEREAS, rising liability insurance and motor vehicle insurance costs are a vital con cern to the people of this state; and
WHEREAS, access to liability and motor vehicle insurance is a right of the people and an area in which the state government has an interest; and
WHEREAS, the cost of such insurance is rapidly rising beyond the economic reach of a large segment of our population; and
WHEREAS, the uninsured motorist continues to be a critical problem affecting the safety and lives of the citizens of this state; and
WHEREAS, the General Assembly wishes to determine what is the most effective means of containing rising insurance costs while meeting the needs of the population of the State of Georgia for accessible liability insurance; and
WHEREAS, all citizens of this state should be protected from the economic hardships that arise from the presence of uninsured motorists on the roads and highways of the state; and

TUESDAY, FEBRUARY 25, 1986

1271

WHEREAS, there are many factors bearing upon the cost and availability of insurance; and
WHEREAS, it appears that many uninsured motorists are not intentionally breaking the law but are frustrated in their attempts to obtain motor vehicle insurance by certain practices in the insurance industry; and
WHEREAS, a special study committee should be created to investigate the complicated issues, problems, and factors involved in the cost and availability of liability and motor vehicle insurance.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY that there is created the Joint Liability Insurance and Motor Vehicle Insurance Cost Contain ment and Availability Study Committee to be composed of 12 members. Six members shall be members of the House of Representatives to be appointed by the Speaker of the House of Representatives. Six members shall be members of the Senate to be appointed by the Lieutenant Governor. The committee shall select a chairman at its first meeting which shall be called by the Speaker of the House of Representatives and the Lieutenant Governor.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the is sues, problems, and factors mentioned above and any other problems related thereto and recommend necessary steps to be undertaken to alleviate any such problems. The commit tee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall receive the allowances authorized for legislative members of interim legislative com mittees, however, for not more than ten days. The funds necessary to carry out the provi sions of this resolution shall come from the funds appropriated to or available to the legisla tive branch of government. The committee shall make a report of its findings and recommendations, with the suggestions for proposed legislation, if any, no later than Decem ber 31, 1986, at which time the committee shall stand abolished.

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 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
Bnd owen Brannon BnBBrrrooawnutnnleoyoeff 4A46c7tttihh. Burton Coleman Coverdell Dawkins Deal Dean English

Engram Fincher Foster Gillis Greene
Harris Harrison Holloway ,uHH,oowrt, oarnd, Hudgms Huggins Kennedy Kidd Land Langford McGill

McKenzie Peevy Perry Phillips Ray
Reddish Scott of 2nd Scott of 36th SSc0utt. uarmrbuaughv. Tate Timmons Tolleson Trulock Turner Tysinger Walker

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JOURNAL OF THE SENATE

Those not voting were Senators:

Bryant

Garner

Hine

Cobb

On the adoption of the resolution, the yeas were 52, nays 0.
The resolution, having received the requisite constitutional majority, was adopted by substitute.
HR 461. By Representatives Cox of the 141st, Manner 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.
Senate Sponsor: Senator Timmons of the llth.
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 Bond Bowen Brannon Brown of 47th BCoulretomnan Coverdell
Dawkins Deal
Dean English

Engram Foster Gillis Greene Harris Harrison Holloway Horton HHuugdggiinnss Kennedy
Kidd Land
Langford McGill

Voting in the negative was Senator Allgood.

Those not voting were Senators:

McKenzie Peevy Perry Phillips j^ay Reddish s f 36th <,. ^Sttou"mbaugh, Timmons
Tolleson Turner
Tysinger Walker

Brantley Broun of 46th Bryant Cobb

Fincher Garner Hine Howard

Scott of 2nd Tate Trulock

On the adoption of the resolution, the yeas were 44, nays 1.

TUESDAY, FEBRUARY 25, 1986

1273

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

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.
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
!rWen f ,,,, u Brown of 47th
Coleman Coverdell Dawkins Deal Dean English Engram

Foster Gillis Greene Harris Harrison
Holloway Horton
Hud*ins Huggins Kennedy Kidd Land Langford McGill

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

Those not voting were Senators:

Bond Brannon Brantley Broun of 46th Bryant

Cobb Fincher
Garner Hine

Howard Tate
Tolleson Trulock

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

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

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".
Senate Sponsor: Senator Kennedy of the 4th.

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

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

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JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes
Bowen Brannon
"

Engram Fincher Foster Gillis Harris
Harrison Holloway Hortn

Peevy Perry Phillips Ray Reddish
Scott of 2nd Scott of 36th Starr

Burton Coleman Coverdell Dawkins Deal Dean English

"udS.lns Huggms Kennedy Kidd Langford McGill McKenzie

Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Bond Bryant Cobb

Garner Greene

Hine Land

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

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

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.
Senate Sponsor: Senator Baldwin of the 29th.

The Senate Committee on Judiciary offered the following substitute to HB 840:
A BILL
To be entitled an Act 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; to provide that such cancellation shall, in order to authorize the clerk of superior court to show the original instrument as canceled of record, be made by a cancellation on the face of the original deed to secure debt, by a conveyance from the record holder of the deed to secure debt, or by execution of another document when the original deed is lost, stolen, or otherwise mislaid; to provide that no clerk of superior court shall incur any liabil ity to any person for canceling of record any security deed authorized to be canceled as provided above; to provide for a form; 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. 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, is amended by striking

TUESDAY, FEBRUARY 25, 1986

1275

Code Section 44-14-67, relating to cancellation of conveyances to secure debts, and inserting in its place a new Code section to read as follows:
"44-14-67. (a) In all cases where property is conveyed to secure a debt, the surrender and cancellation of the deed, in the same manner as mortgages are canceled, on payment of the debt to any person legally authorized to receive the same, shall operate to reconvey the title of the property to the grantor or his heirs, executors, administrators, or assigns.
(b) In the case of a deed to secure debt which applies to real property, in order to authorize the clerk of superior court to show the original instrument as cancelled of record, therice sahiiaalul buec ppirceaseeiniLtecdu fluoir rleeucouriudiinugg:.
(1) A cancellation upon the original security deed itself; or
(2) A conveyance from the record holder of the security deed, which conveyance is in the form of a quitclaim deed or other form of deed suitable for recording and which refers to the original security deed; or
(3) A cancellation as provided in subsection (c) of this Code section.
Any clerk of superior court who cancels of record any deed to secure debt in the manner authorized in this subsection shall be immune from any civil liability, either in his official capacity or personally, for so cancelling of record such security deed.
(c) Cancellation of a security deed, the original of which has been lost, stolen, or other wise mislaid, may be made based upon a document executed by the record holder of the security deed and meeting the requisites for recordation, which document shall be in sub stantially the following form:
------------------County, Georgia
The indebtedness referred to in that certain deed to secure debt from ------------------ to ------------------, dated ------------------, and of record in Deed Book ------------------, Page _________, in the office of the clerk of the Superior Court of ------------------ County, Georgia, having been paid in full and the undersigned being the present record holder and owner of such deed, the clerk of such superior court is authorized and directed to cancel that deed of record.
In witness whereof, the undersigned has set his hand and seal, this _________ day of _________, 19_.
(SEAL)

Signed, sealed, and delivered on the date above shown

Signature

Unofficial Witness

Notary Public
(SEAL) My commission expires:_____________"
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.

1276

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 BBrraannntloeny
Broun of 46th Brown of 47th Burton Coleman Dawkins Deal

Dean English Engram Fincher Foster
. Harris HHoolrltoownay
Howard Huggins Kennedy Kidd McGill Peevy

Perry Phillips Ray Reddish Scott of 2nd
Scott of 36th ct aS*tumbi_aughL.
late Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Bryant Cobb Coverdell Garner

Greene Harrison Hine Hudgins

Land Langford McKenzie Timmons

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

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

HB 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.
Senate Sponsor: Senator Gillis of the 20th.

The Senate Committee on Natural Resources offered the following amendment:

Amend HB 1344 by inserting a new phrase on line 15 of Page 1 between the word and semicolon "eggs;" and the word "to" to read as follows:
"to delete from the definition of the term 'hunting' the acts of disturbing, harrying, or worrying;".
By renumbering Sections 3 and 4 on Page 4 as Sections 4 and 5, respectively, and in serting a new Section 3 between lines 24 and 25 of Page 4 to read as follows:
"Section 3. Said title is further amended by striking in its entirety paragraph (39) of Code Section 27-1-2, relating to definitions applicable to the 'Game and Fish Code,' and inserting in lieu thereof a new paragraph (39) to read as follows:
'(39) "Hunting" means pursuing, shooting, killing, taking, or capturing wildlife. This term also includes acts such as placing, setting, drawing, or using any device used to take wildlife, whether any such act results in taking or not, and includes every act of assistance to any person in taking or attempting to take such wildlife.' "

TUESDAY, FEBRUARY 25, 1986

1277

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
Bowen BBrroanutnleoyf 46th
Brown of 47th Burton Dawkins Deal Dean English Engram

Fincher Foster Gillis Greene
Harris Hamson Holloway HHoowrtoarnd
Huggins Kennedy Kidd Langford McGill McKenzie Peevy

Perry Phillips Ray Reddish Scott of 2nd Scott of 36th c te S,,,tumb, augh,
i,ate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Brannon Bryant Cobb

Coleman Coverdell Garner

Hine Hudgins Land

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

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

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

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 Broun of 46th

Brown of 47th Burton Coleman Dawkins Deal Dean English

Engram Foster Gillis Greene Harris Harrison Holloway

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Horton Huggins Kennedy Kidd Land Langford McGill McKenzie

Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr

Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Barker Brannon Brantley Bryant

Cobb Coverdell Fincher Garner

Hine Howard Hudgins

On the adoption of the resolution, the yeas were 45, nays 0.

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

Senator Kidd of the 25th introduced Malcolm Smith, a young musician commended by SR 461, adopted previously today.

Serving as doctor of the day today was Dr. Nelson McGhee 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 1:02 o'clock P.M., the President announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

WEDNESDAY, FEBRUARY 26, 1986

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Senate Chamber, Atlanta, Georgia Wednesday, February 26, 1986 Thirty-third Legislative Day
The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called to order by Senator Kennedy of the 4th, President Pro Tempore.
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 1524. By Representatives Milam of the 81st, Bostick of the 138th, Mostiler of the 75th, Richardson of the 52nd, Adams of the 36th and others: 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.
HB 1785. By Representatives Milam of the 81st, Ware of the 77th, Phillips of the 120th, Bray of the 91st and Groover of the 99th: A bill to amend Code Section 48-5-290 of the Official Code of Georgia Annotated, relating to the creation and appointment of county boards of tax assessors, so as to change the number of members which may be appointed to a county board of tax assessors.
HB 1917. By Representatives Jackson of the 9th, Murphy of the 18th, Porter of the 119th and Yeargin of the 14th:
A bill to amend Code Section 40-5-58 of the Official Code of Georgia Annotated, relating to revocations of licenses of habitual violators, so as to change the time period during which moving traffic violations will be considered for the purpose of determining habitual violator status.
The House has adopted by the requisite constitutional majority the following resolution of the House:
HR 125. By Representatives Murphy of the 18th, Oliver of the 121st, Lane of the lllth, Dover of the llth, Hays of the 1st 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.

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The House has passed by the requisite constitutional majority the following bills of the House and Senate:
HB 1493. By Representatives Bolster of the 30th, Martin of the 26th and Childs of the 53rd: A bill to amend an Act providing for the establishment of a county-wide library system in Fulton County, so as to repeal a provision relating to the title to cer tain real property reverting to certain municipalities; to change the provisions relating to the special district for library services within that portion of the City of Atlanta lying within DeKalb County.
HB 1930. By Representative Birdsong of the 104th: A bill to provide a new charter for the City of Allentown.
HB 1939. By Representative Crawford of the 5th: A bill to amend an Act consolidating the laws chartering the City of Summerville in Chattooga County and granting a new charter for said city, so as to change the provisions relating to the corporate limits of the City of Summerville.
HB 1942. By Representatives Mostiler of the 75th and Johnson of the 76th: A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Spalding County during designated regis tration periods as provided in Code Section 40-2-20.1 of the Official Code of Georgia Annotated.
HB 1943. By Representative Cummings of the 17th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Cedartown Development Authority (Res. Act No. 169).
HB 1944. By Representative Ray of the 98th: A bill to create the Peach County Water and Sewerage Authority.
HB 1945. By Representative Parrish of the 109th: A bill to create and incorporate the City of Nunez in the County of Emanuel and grant a charter to that municipality under that corporate name and style.
HB 1946. By Representative Maddox of the 7th: A bill to provide for the compensation of the coroner of Gordon County; to pro vide for the payment of such compensation; to provide that fees, costs, commis sions, allowances, moneys, and other emoluments and perquisites shall become the property of the county.
HB 1948. By Representatives Lee of the 70th, Thomas of the 69th and Shepard of the 71st: A bill to provide for the compensation and expenses of the chairperson and mem bers of the Board of Education of Carroll County; to provide for practices and procedures in connection therewith.
HB 1949. By Representative Peters of the 2nd: A bill to amend an Act creating a board of utilities commissioners for Catoosa County, so as to change the compensation of the members of said board.

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1281

HB 1950. By Representative Peters of the 2nd: A bill to amend an Act creating the office of commissioner of Catoosa County, so as to provide for hospitalization insurance for certain elected officers of the county to be continued after they cease to hold office; to provide conditions for such insurance, including the payment of the full cost thereof by such officers.
HB 1951. By Representative Peters of the 2nd: A bill to amend an Act placing the judge of the Probate Court of Catoosa County on an annual salary in lieu of fees, so as to increase the clerical help allowance of the judge of the probate court.
HB 1956. By Representatives Barnett of the 59th, Wall of the 61st, Goodwin of the 63rd, Lawson of the 9th, Wood of the 9th and others: A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Gwinnett County during designated re gistration periods as provided in Code Section 40-2-20.1 of the Official Code of Georgia Annotated.
HB 1957. By Representatives Lane of the lllth and 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 Bulloch County during designated regis tration periods as provided in Code Section 40-2-20.1 of the Official Code of Georgia Annotated.
HB 1958. By Representatives Kilgore of the 42nd, Watts of the 41st and Lee of the 70th: A bill to amend an Act known as the "Douglasville-Douglas County Water and Sewer Authority Act," so as to specify that the mayor of the City of Douglasville and the chairman of the board of commissioners of Douglas County shall have full voting rights as members of the authority.
HB 1959. By Representative Birdsong of the 104th: A bill to provide that future school superintendents of the Twiggs County School District shall be appointed by the board of education rather than elected.
HB 1960. By Representative Birdsong of the 104th: A bill to provide a new charter for the City of Ivey.
HB 1961. By Representatives Mostiler of the 75th and Johnson of the 76th: A bill to amend an Act abolishing the fee system as the mode of compensation of the Coroner of Spalding County and providing in lieu thereof a salary for the compensation of such officer, so as to change the compensation of the coroner.
HB 1963. By Representatives Aiken of the 21st, Atkins of the 21st, Johnson of the 21st, Wilder of the 21st, Cooper of the 20th and others: A bill to amend an Act creating the Cobb Judicial Circuit, so as to change the county supplement for the district attorney; to change the provisions relative to the compensation of the chief investigator and the other investigators.
HB 1964. 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 establishing a City Court in the County of Clarke, now known as the State Court of Clarke County, Georgia, so as to provide for com pensation of the judge of said court.

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HB 1839. By Representative Isakson of the 21st:
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."
HB 1687. By Representative Thompson of the 20th:
A bill to amend Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to dentists and dental hygienists, so as to provide for the licensing of Level II dental hygienists; to provide for educational requirements; to provide for the supervision of dental hygienists and Level II dental hygienists by licensed dentists.
HB 1276. By Representative Richardson of the 52nd:
A bill to amend Code Section 20-2-754 of the Official Code of Georgia Annotated, relating to procedures to be followed by public school disciplinary tribunals and the review of such proceedings, so as to afford the local board of education 15 days, excluding weekends and holidays, to decide appeals in disciplinary matters.
HB 1742. By Representatives Colwell of the 4th and Walker of the 115th:
A bill to amend Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions of public property, so as to empower and authorize any unit or instrumentality of government within this state to as sert any cause of action, initiate any proceeding, seek any remedy, and request or demand any judicial relief which pertains to property and which is available under the general law of this state to nongovernmental parties in like circumstances.
HB 1684. By Representatives Hanner of the 131st and Sizemore of the 136th:
A bill to amend Article 1 of Chapter 1 of Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, generally, so as to provide for the investment and reinvestment of assets of local retirement systems under the same terms, conditions, limitations, and restrictions as are imposed on domestic life insurance companies.
HB 1888. By Representative Colwell of the 4th:
A bill to amend Article 6 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to inventory of public property, so as to provide that certain functions of the Secretary of State relative to the filing of conveyances shall be transferred to the State Properties Commission; to provide that copies of convey ances for the acquisition or disposition of real property owned or held by the Board of Regents of the University System of Georgia shall be filed with the Secretary of State.
HB 1300. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th, Smyre of the 92nd and Benefield of the 72nd:
A bill to make and provide appropriations for the fiscal year beginning July 1, 1986, and ending June 30, 1987.
HB 1933. By Representatives Thompson of the 20th and Lawler of the 20th:
A bill to reincorporate and provide a new charter for the City of Austell in Cobb and Douglas counties.

WEDNESDAY, FEBRUARY 26, 1986

1283

HB 1934. By Representative Lawler of the 20th: A bill to amend an Act reincorporating the City of Marietta, so as to change the qualifications for the office of councilman and provide that a candidate for coun cilman shall be a resident of the ward from which he seeks election for one year immediately preceding his election.
HB 1935. By Representative Lawler of the 20th: A bill to amend an Act reincorporating the City of Marietta, so as to deannex and exclude certain property from the corporate limits of the city.
HB 1936. By Representative Lawler of the 20th: A bill to amend an Act creating a new charter for the City of Kennesaw, so as to change the corporate limits of the city.
HB 1937. By Representative Lawler of the 20th: A bill to amend an Act creating a new charter for the City of Kennesaw, so as to change the corporate limits of the city.
HB 1941. By Representative Wall of the 61st: A bill to create a new charter for the City of Lawrenceville.
SB 464. By Senator Harrison of the 37th: A bill to amend an Act re-creating and reincorporating the City of Woodstock, approved April 17, 1975 (Ga. L. 1975, p. 4160), as amended, particularly by an Act approved March 18, 1985 (Ga. L. 1985, p. 3869), so as to change the corpo rate boundaries of the city.
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.
HB 1938. By Representative Colwell of the 4th: A bill to amend Part 7 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, known as the "Sapelo Island Heritage Authority Act," so as to provide that the best and most important use of the Hog Hammock commu nity located on Greater Sapelo Island is for it to remain occupied by the direct descendants of the slaves of Thomas Spalding.
HB 1818. By Representatives Cox of the 141st and Murphy of the 18th: A bill to amend Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to legal defense of indigents, so as to provide that no action for damages shall be brought against any attorney licensed to practice law in this state as a result of any act or omission by such attorney in his representation of any indi gent person in any criminal proceeding under certain circumstances.
HB 1247. By Representative Watson of the 114th: A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to authorize a licensed insurance agent to charge a fee to any person whom the agent provides insurance or other services under Title 33, pro vided that the agent and person agree on the amount of fee; to change certain

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provisions relating to unfair methods of competition and unfair and deceptive acts or practices.
The House has adopted by the requisite constitutional majority the following resolu tions of the House:
HR 517. By Representatives Wall of the 61st, Clark of the 55th, Smith of the 152nd, Morton of the 47th, Barnett of the 10th and others: A resolution applying to the Congress of the United States to call a convention for the purpose of proposing an amendment to the Constitution of the United States providing for a period of silent prayer.
HR 794. By Representatives Lee of the 70th, Thomas of the 69th and Shepard of the 71st: A resolution creating the Carroll County Government Authority Study Commission.
HR 567. By Representative Ross of the 82nd: A resolution compensating Miss Annie M. Peterson.
HR 593. By Representative Johnson of the 76th: A resolution compensating Wyman Nail, Jr., and Rhonda Nail.
HR 635. By Representative Sizemore of the 136th: A resolution compensating Mr. Willie Lee Boone.
HR 642. By Representative Anderson of the 8th: A resolution compensating Mr. Terry Lamar Johnson.
HR 643. By Representative Mueller of the 126th: A resolution compensating Ms. Barbara Ann Rozier Sawyer.
HR 742. By Representative Morton of the 47th: A resolution compensating Mr. Franklin D. Woodall.
HR 743. By Representative Morton of the 47th: A resolution compensating Mr. Norman Breen.
HR 840. By Representatives Dean of the 29th, Redding of the 50th, Couch of the 40th, Lane of the 27th, Thomas of the 31st and others: A resolution urging MARTA to consider the immediate implementation of an exterior bus advertising program.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
SB 45. By Senators Bryant of the 3rd and Allgood of the 22nd: A bill to amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to records required to be kept by the Department of Public Safety and restrictions on the access to such records, so as to authorize the Department of Public Safety to disseminate certain information from its records to certain gov ernmental agencies or units of this state and of the United States having legiti mate governmental needs therefor.

WEDNESDAY, FEBRUARY 26, 1986

1285

The House has adopted, by substitute, by the requisite constitutional majority the fol lowing resolution of the Senate:
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 House has agreed to the Senate amendments to the following bills of the House:
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 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 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.
The House has agreed to the Senate substitute to the following bill of the House:
HB 906. By Representatives Kingston of the 125th, Alien of the 127th and Mueller of the 126th:
A bill to propose the incorporation and provide a proposed charter for the City of Islands in Chatham County.
The House has disagreed to the Senate substitute to the following bill of the House:
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.

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The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate:
SB 550. 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, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act ap proved March 27, 1985 (Ga. L. 1985, p. 4508), so as to change the compensation of the clerk and the chief deputy clerk of the State Court of Cobb County.
The following bill and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 599. By Senator Howard of the 42nd: A bill to amend an Act revising, superseding, and consolidating the laws relating to the governing authority of DeKalb County, as amended, so as to provide for the application of certain laws of this state to the government of DeKalb County; to provide for other matters relative to the foregoing; to provide for a referendum.
Referred to Committee on Urban and County Affairs.
SR 462. By Senator Barnes of the 33rd: A resolution applying to the Congress of the United States for the call of a con vention for the purpose of proposing an amendment to the Constitution of the United States.
Referred to Committee on Rules.
SR 463. By Senators English of the 21st, Kennedy of the 4th, Gillis of the 20th and others: A resolution creating the Head Injury Treatment and Rehabilitation Study Committee.
Referred to Committee on Rules.
SR 465. By Senators Gillis of the 20th, McGill of the 24th, Kennedy of the 4th and others: A resolution urging the use of timber products produced in Georgia and urging the United States Congress to limit the importation of timber products produced in Canada.
Referred to Committee on Rules.
SR 468. By Senator English of the 21st: A resolution relative to the bicentennial of the founding of the City of Louisville; providing for a ceremonial return of the General Assembly to the City of Louisville.
Referred to Committee on Rules.
SR 470. By Senator Brannon of the 51st: A resolution relative to the appropriation and repayment of state funds for the construction of an apple cooler at the Georgia Farmers Market in Ellijay.
Referred to Committee on Rules.

WEDNESDAY, FEBRUARY 26, 1986

1287

The following bills and resolutions of the House were read the first time and referred to committees:
HB 1247. By Representative Watson of the 114th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to authorize a licensed insurance agent to charge a fee to any person whom the agent provides insurance or other services under Title 33, pro vided that the agent and person agree on the amount of fee; to change certain provisions relating to unfair methods of competition and unfair and deceptive acts or practices.
Referred to Committee on Insurance.
HB 1276. By Representative Richardson of the 52nd:
A bill to amend Code Section 20-2-754 of the Official Code of Georgia Annotated, relating to procedures to be followed by public school disciplinary tribunals and the review of such proceedings, so as to afford the local board of education 15 days, excluding weekends and holidays, to decide appeals in disciplinary matters.
Referred to Committee on Education.
HB 1300. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th, Smyre of the 92nd and Benefield of the 72nd:
A bill to make and provide appropriations for the fiscal year beginning July 1, 1986, and ending June 30, 1987.
Referred to Committee on Appropriations.
HB 1487. By Representative Watson of the 114th:
A bill to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to provide for a safe, sound, com petitive, and fuel efficient motor carrier system vital to the maintenance of a strong intrastate transportation system; to enhance market entry, carrier growth, maximum utilization of equipment and energy resources, and opportunities for minorities and others to enter the motor carrier industry.
Referred to Committee on Transportation.
HB 1524. By Representatives Milam of the 81st, Bostick of the 138th, Mostiler of the 75th, Richardson of the 52nd, Adams of the 36th and others:
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.
HB 1684. By Representatives Manner of the 131st and Sizemore of the 136th:
A bill to amend Article 1 of Chapter 1 of Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, generally, so as to provide for the investment and reinvestment of assets of local retirement systems under the same terms, conditions, limitations, and restrictions as are imposed on domestic life insurance companies.
Referred to Committee on Retirement.

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HB 1687. By Representative Thompson of the 20th:
A bill to amend Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to dentists and dental hygienists, so as to provide for the licensing of Level II dental hygienists; to provide for educational requirements; to provide for the supervision of dental hygienists and Level II dental hygienists by licensed dentists.
Referred to Committee on Human Resources.
HB 1742. By Representatives Colwell of the 4th and Walker of the 115th:
A bill to amend Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions of public property, so as to empower and authorize any unit or instrumentality of government within this state to as sert any cause of action, initiate any proceeding, seek any remedy, and request or demand any judicial relief which pertains to property and which is available under the general law of this state to nongovernmental parties in like circumstances.
Referred to Committee on Public Utilities.
HB 1785. By Representatives Milam of the 81st, Ware of the 77th, Phillips of the 120th, Bray of the 91st and Groover of the 99th:
A bill to amend Code Section 48-5-290 of the Official Code of Georgia Annotated, relating to the creation and appointment of county boards of tax assessors, so as to change the number of members which may be appointed to a county board of tax assessors.
Referred to Committee on Banking and Finance.
HB 1818. By Representatives Cox of the 141st and Murphy of the 18th:
A bill to amend Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to legal defense of indigents, so as to provide that no action for damages shall be brought against any attorney licensed to practice law in this state as a result of any act or omission by such attorney in his representation of any indi gent person in any criminal proceeding under certain circumstances.
Referred to Committee on Judiciary.
HB 1839. By Representative Isakson of the 21st:
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".
Referred to Committee on Urban and County Affairs (General).
HB 1888. By Representative Colwell of the 4th:
A bill to amend Article 6 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to inventory of public property, so as to provide that certain functions of the Secretary of State relative to the filing of conveyances shall be transferred to the State Properties Commission; to provide that copies of convey ances for the acquisition or disposition of real property owned or held by the Board of Regents of the University System of Georgia shall be filed with the Secretary of State.
Referred to Committee on Public Utilities.

WEDNESDAY, FEBRUARY 26, 1986

1289

HB 1917. By Representatives Jackson of the 9th, Murphy of the 18th, Porter of the 119th and Yeargin of the 14th:
A bill to amend Code Section 40-5-58 of the Official Code of Georgia Annotated, relating to revocations of licenses of habitual violators, so as to change the time period during which moving traffic violations will be considered for the purpose of determining habitual violator status. Referred to Committee on Judiciary and Constitutional Law.
HB 1938. By Representative Colwell of the 4th:
A bill to amend Part 7 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, known as the "Sapelo Island Heritage Authority Act," so as to provide that the best and most important use of the Hog Hammock commu nity located on Greater Sapelo Island is for it to remain occupied by the direct descendants of the slaves of Thomas Spalding. Referred to Committee on Public Utilities.
HR 125. By Representatives Murphy of the 18th, Oliver of the 121st, Lane of the lllth, Dover of the llth, Hays of the 1st 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. Referred to Committee on Appropriations.
HR 517. By Representatives Wall of the 61st, Clark of the 55th, Smith of the 152nd, Morton of the 47th, Barnett of the 10th and others: A resolution applying to the Congress of the United States to call a convention for the purpose of proposing an amendment to the Constitution of the United States providing for a period of silent prayer.
Referred to Committee on Governmental Operations.
HR 794. By Representatives Lee of the 70th, Thomas of the 69th and Shepard of the 71st: A resolution creating the Carroll County Government Authority Study Commission.
Referred to Committee on Rules.
HR 567. By Representative Ross of the 82nd:
A resolution compensating Miss Annie M. Peterson in the amount of $300.00. Referred to Committee on Appropriations.
HR 593. By Representative Johnson of the 76th:
A resolution compensating Wyman Nail, Jr., and Rhonda Nail in the amount of $2,045.60. Referred to Committee on Appropriations.
HR 635. By Representative Sizemore of the 136th:
A resolution compensating Mr. Willis Lee Boone in the amount of $550.00. Referred to Committee on Appropriations.

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HR 642. By Representative Anderson of the 8th: A resolution compensating Mr. Terry Lamar Johnson in the amount of $72.00.
Referred to Committee on Appropriations.
HR 643. By Representatives Mueller of the 126th: A resolution compensating Ms. Barbara Ann Rozier Sawyer in the amount of
$78.43.
Referred to Committee on Appropriations.
HR 742. By Representative Morton of the 47th: A resolution compensating Mr. Franklin D. Woodall in the amount of $2,839.95.
Referred to Committee on Appropriations.
HR 743. By Representative Morton of the 47th: A resolution compensating Mr. Norman Breen in the amount of $1,200.00.
Referred to Committee on Appropriations.
HR 840. By Representatives Dean of the 29th, Redding of the 50th, Couch of the 40th, Lane of the 27th, Thomas of the 31st and others: A resolution urging MARTA to consider the immediate implementation of an exterior bus advertising program.
Referred to Committee on Rules.
HB 1493. By Representatives Bolster of the 30th, Martin of the 26th and Childs of the 53rd: A bill to amend an Act providing for the establishment of a county-wide library system in Fulton County, so as to repeal a provision relating to the title to cer tain real property reverting to certain municipalities; to change the provisions relating to the special district for library services within that portion of the City of Atlanta lying within DeKalb County.
Referred to Committee on Urban and County Affairs.
HB 1930. By Representative Birdsong of the 104th: A bill to provide a new charter for the City of Allentown.
Referred to Committee on Urban and County Affairs.
HB 1933. By Representatives Thompson of the 20th and Lawler of the 20th: A bill to reincorporate and provide a new charter for the City of Austell in Cobb and Douglas counties.
Referred to Committee on Urban and County Affairs.
HB 1934. By Representative Lawler of the 20th: A bill to amend an Act reincorporating the City of Marietta, so as to change the qualifications for the office of councilman and provide that a candidate for coun cilman shall be a resident of the ward from which he seeks election for one year immediately preceding his election.
Referred to Committee on Urban and County Affairs.

WEDNESDAY, FEBRUARY 26, 1986

1291

HB 1935. By Representative Lawler of the 20th: A bill to amend an Act reincorporating the City of Marietta, so as to deannex and exclude certain property from the corporate limits of the city.
Referred to Committee on Urban and County Affairs.
HB 1936. By Representative Lawler of the 20th: A bill to amend an Act creating a new charter for the City of Kennesaw, so as to change the corporate limits of the city.
Referred to Committee on Urban and County Affairs.
HB 1937. By Representative Lawler of the 20th: A bill to amend an Act creating a new charter for the City of Kennesaw, so as to change the corporate limits of the city.
Referred to Committee on Urban and County Affairs.
HB 1939. By Representative Crawford of the 5th: A bill to amend an Act consolidating the laws chartering the City of Summerville in Chattooga County and granting a new charter for said city, so as to change the provisions relating to the corporate limits of the City of Summerville.
Referred to Committee on Urban and County Affairs.
HB 1941. By Representative Wall of the 61st: A bill to create a new charter for the City of Lawrenceville.
Referred to Committee on Urban and County Affairs.
HB 1942. By Representatives Mostiler of the 75th and Johnson of the 76th: A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Spalding 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 1943. By Representative Cummings of the 17th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Cedartown Development Authority (Res. Act No. 169).
Referred to Committee on Urban and County Affairs.
HB 1944. By Representative Ray of the 98th: A bill to create the Peach County Water and Sewerage Authority.
Referred to Committee on Urban and County Affairs.
HB 1945. By Representative Parrish of the 109th: A bill to create and incorporate the City of Nunez in the County of Emanuel and grant a charter to that municipality under that corporate name and style.
Referred to Committee on Urban and County Affairs.
HB 1946. By Representative Maddox of the 7th: A bill to provide for the compensation of the coroner of Gordon County; to pro vide for the payment of such compensation; to provide that fees, costs, commis-

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sions, allowances, moneys, and other emoluments and perquisites shall become the property of the county. Referred to Committee on Urban and County Affairs.
HB 1948. By Representatives Lee of the 70th, Thomas of the 69th and Shepard of the 71st:
A bill to provide for the compensation and expenses of the chairperson and mem bers of the Board of Education of Carroll County; to provide for practices and procedures in connection therewith. Referred to Committee on Urban and County Affairs.
HB 1949. By Representative Peters of the 2nd:
A bill to amend an Act creating a board of utilities commissioners for Catoosa County, so as to change the compensation of the members of said board. Referred to Committee on Urban and County Affairs.
HB 1950. By Representative Peters of the 2nd:
A bill to amend an Act creating the office of commissioner of Catoosa County, so as to provide for hospitalization insurance for certain elected officers of the county to be continued after they cease to hold office; to provide conditions for such insurance, including the payment of the full cost thereof by such officers. Referred to Committee on Urban and County Affairs.
HB 1951. By Representative Peters of the 2nd:
A bill to amend an Act placing the judge of the Probate Court of Catoosa County on an annual salary in lieu of fees, so as to increase the clerical help allowance of the judge of the probate court. Referred to Committee on Urban and County Affairs.
HB 1956. By Representatives Barnett of the 59th, Wall of the 61st, Goodwin of the 63rd, Lawson of the 9th, Wood of the 9th and others:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Gwinnett 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 1957. By Representatives Lane of the lllth and 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 Bulloch 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 1958. By Representatives Kilgore of the 42nd, Watts of the 41st and Lee of the 70th:
A bill to amend an Act known as the "Douglasville-Douglas County Water and Sewer Authority Act," so as to specify that the mayor of the City of Douglasville and the chairman of the board of commissioners of Douglas County shall have full voting rights as members of the authority. Referred to Committee on Urban and County Affairs.

WEDNESDAY, FEBRUARY 26, 1986

1293

HB 1959. By Representative Birdsong of the 104th:
A bill to provide that future school superintendents of the Twiggs County School District shall be appointed by the board of education rather than elected. Referred to Committee on Urban and County Affairs.

HB 1960. By Representative Birdsong of the 104th: A bill to provide a new charter for the City of Ivey.
Referred to Committee on Urban and County Affairs.

HB 1961. By Representatives Mostiler of the 75th and Johnson of the 76th:
A bill to amend an Act abolishing the fee system as the mode of compensation of the Coroner of Spalding County and providing in lieu thereof a salary for the compensation of such officer, so as to change the compensation of the coroner.
Referred to Committee on Urban and County Affairs.

HB 1963. By Representatives Aiken of the 21st, Atkins of the 21st, Johnson of the 21st, Wilder of the 21st, Cooper of the 20th and others:
A bill to amend an Act creating the Cobb Judicial Circuit, so as to change the county supplement for the district attorney; to change the provisions relative to the compensation of the chief investigator and the other investigators.
Referred to Committee on Urban and County Affairs.

HB 1964. 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 establishing a City Court in the County of Clarke, now known as the State Court of Clarke County, Georgia, so as to provide for com pensation of the judge of said 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 Human Resources has had under consideration the following bills and resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

HB 1189. Do pass.

SB 575. Do pass.

HB 1526. Do pass.

SR 416. Do pass.

HB 1329. Do pass.

SR 421. Do pass.

HB 1421. Do pass.

HB 1334. Do pass as amended.

Respectfully submitted,

Senator Howard of the 42nd District, Chairman

Mr. President:

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

HB 1253. Do pass.

HB 1438. Do pass.

HB 1423. Do pass.

HB 1462. Do pass.

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HB 1610. Do pass.

HB 1723. Do pass as amended. Respectfully submitted,
Senator Dawkins of the 45th District, Chairman

Mr. President:

The Committee on Judiciary and Constitutional Law has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 908. 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 House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1363. Do pass by substitute.
Respectfully submitted,
Senator Bowen of the 13th District, Chairman

Mr. President:

The Committee on Retirement has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1592. Do pass by substitute.
Respectfully submitted,
Senator Timmons of the llth District, Chairman

Mr. President:

The Committee on Rules has had under consideration the following resolution of the House and has instructed me to report the same back to the Senate with the following recommendation:
HR 809. 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 592. Do pass by substitute.

HB 1651. Do pass.

HB 1522. Do pass.

HB 1660. Do pass.

HB 1535. Do pass.

HB 1679. Do pass.

HB 1636. Do pass.

HB 1701. Do pass.

WEDNESDAY, FEBRUARY 26, 1986

1295

HB 1702. HB 1703. HB 1704. HB 1758. HB 1760. HB 1788. HB 1809. HB 1819. HB 1820. THTBT, ,18Q2011. HB 1844.
HB 1845.
HB 1851. HB 1853.

Do pass.

HB 1857. Do pass.

Do pass.

HB 1859. Do pass.

Do pass.

HB 1860. Do pass.

Do pass. Do pass. Do pass. Do pass as amended. Do pass. Do pass. rD>o pass. Do pass.

HB 1861 Do pass. HB Ig62 DQ pasg

HB 1863. HB 1864. HB 1865. HB 1866. HB 1867'

Do pass.
Do pass.
Do pHass. Do pHass. Do Pass'

Do pass.

HB 1897- Do Pa8S-

Do pass.

HB 1903. Do pass.

Do pass.

HB 1905. 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 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.

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.

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 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 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.

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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 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 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 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 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 1320. By Representatives Beck of the 148th, Coleman of the 118th, Banner 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 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.

WEDNESDAY, FEBRUARY 26, 1986

1297

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 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 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.
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 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.
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 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".

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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 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 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 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.
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 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 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 687. By Representative 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 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.

WEDNESDAY, FEBRUARY 26, 1986

1299

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.

Senator Kennedy of the 4th, President Pro Tempore, who was presiding, called for the morning roll call, and the following Senators answered to their names:

Albert Allgood Baldwin Barker Brannon
Brantley BBrroowunn ooff 4467tthh Burton Coleman
Dawkins Deal
English Engram

Fincher Foster Garner Gillis Harris
Harrison ."..inf Holloway Huggins
Kidd Land
Langford McGill

McKenzie Peevy Perry Ray Reddish
Scott of 2nd ,,Sco,t,t of,. 3,,,,6.t,h Starr Stumbaugh
Timmons Turner
Tysinger Walker

Those not answering were Senators:

Barnes
Bond Bowen Bryant Cobb Coverdell

Dean
Greene ,, Horton Howard Hudgins

Kennedy (presiding)
Phillips ,,, Tate Tolleson Trulock

Senator Ray of the 19th introduced the chaplain of the day, Reverend Harry Kinchen, pastor of First Baptist Church, Hazlehurst, Georgia, who offered scripture reading and prayer.
The following resolutions of the Senate were read and adopted:
SR 466. By Senator Hudgins of the 15th: A resolution expressing regret at the passing of Mr. Richard Thomas Goodroe, Sr.
SR 471. By Senators Fincher of the 54th, Brannon of the 51st and Huggins of the 53rd: A resolution commending the Reverend Billy Muse.
SR 473. By Senator Kennedy of the 4th: A resolution expressing regret at the passing of Mr. Jack Moss.
SR 474. By Senator Bowen of the 13th: A resolution commending Trooper First Class Pat Posey of the Georgia State Patrol.

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JOURNAL OF THE SENATE

SR 475. By Senator Brantley of the 56th: A resolution commending and congratulating Brenda G. Opie for being named 1986 "Georgia Teacher of the Year".
Senator Brantley of the 56th introduced the 1986 Georgia Teacher of the Year, Brenda G. Opie, who briefly addressed 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 26, 1986
THIRTY-THIRD LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 290 Gillis, 20th City of Soperton Treutlen County Amends Act providing new charter for city; changes method of election of members of council of city; provides that five members of council shall be elected from single-member districts; provides for election of five members of council on same date.
*SB 592 Harrison, 37th City of Acworth Cobb County Amends Act creating new charter for city; changes provisions relating to elec tion of mayor and aldermen; provides for qualifications; provides for entrance fees; provides for election procedures; provides for elections and run-off elec tions; provides for staggered four-year terms of office.(SUBSTITUTE)
HB 1522 Barnes, 33rd Brantley, 56th Tolleson, 32nd Harrison, 37th Cobb County Increases amount of homestead exemption from ad valorem taxation for county and county school district purposes, except taxes levied to retire bonded indebtedness, which applies to homestead of each resident actually occupied by the owner as a residence and homestead.
HB 1535 Kidd, 25th Jasper County Continues amendment which relates to creation of Jasper County Industrial Development Authority and provisions for its powers, authority, funds, pur poses, and procedures.
HB 1636 Scott, 36th Engram, 34th Langford, 35th Tate, 38th Bond, 39th Coverdell, 40th

WEDNESDAY, FEBRUARY 26, 1986

1301

Howard, 42nd Stumbaugh, 55th City of Atlanta Fulton County
Provides for creation of one or more community improvement districts in city.
HB 1651 Hudgins, 15th Land, 16th City of Columbus Muscogee County
Amends charter of county-wide government of city and ratifies, confirms, en acts, and incorporates said charter; provides that violations of code of ethics of consolidated government may be punished, in addition to any other pun ishment provided by law, as provided by ordinance.
HB 1660 Dawkins, 45th Newton County
Amends Act providing for new board of education of county; changes provi sions relative to chairman of board.
HB 1679 Langford, 35th City of East Point Fulton County
Provides amendment of powers and purposes of East Point Business and In dustrial Development Authority; changes composition of and appointment of membership on authority.
HB 1701 Dawkins, 45th Newton County
Continues amendment authorizing General Assembly to empower Board of Commissioners of county to license and regulate businesses in the unincorpo rated areas of said county and to levy and collect excise taxes in connection with certain amusement or sporting activities.
HB 1702 Dawkins, 45th Newton County
Continues amendment authorizing General Assembly to prescribe by law ap plicable to county the time for making levies and assessments, the manner in which taxbills and notices shall be prepared, the number, form, and content of tax bills and notices.
HB 1703 Dawkins, 45th Newton County
Continues amendment authorizing Board of Commissioners of said county to adopt ordinances for the policing and governing of the county and enforce ment of all duties and powers vested in board of commissioners and provides penalties and enforcement of such ordinances.
HB 1704 Dawkins, 45th Newton County
Continues amendment authorizing governing authority of 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.

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JOURNAL OF THE SENATE

HB 1758 Reddish, 6th Brantley County
Abolishes present mode of compensating clerk of superior court, judge of pro bate court, and tax commissioner, known as fee system; provides in lieu thereof annual compensation for such officers; provides that all fees, costs, or other emoluments of each of such officers shall become property of county with certain exceptions.

HB 1760 Trulock, 10th City of Cairo Grady County
Amends Act incorporating city; provides for mayor and council members; provides residence requirements and other qualifications for candidates for mayor and council members.

HB 1788 Baldwin, 29th Harris County
Amends Act providing for Board of Education of county; changes provisions for composition of education districts.

*HB 1809

Trulock, 10th Bowen, 13th Colquitt County
Amends Act recreating Board of Commissioners of county; changes composi tion and method of election of Board of Commissioners. (AMENDMENT)

HB 1819 Hine, 52nd Floyd County
Provides a $10,000.00 homestead exemption from Floyd County School Dis trict 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 Hine, 52nd City of Rome Floyd County
Provides a $10,000.00 homestead exemption from ad valorem taxes of city of Rome independent school district 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 1821 Hine, 52nd Floyd County
Provides a $4,000.00 homestead exemption from Floyd County ad valorem taxes for certain residents of that county who have annual incomes not ex ceeding $10,000.00 and who are 65 years of age or over.

HB 1844 Peevy, 48th Barrow County
Establishes Board of Commissioners of Barrow County; changes certain pro visions relating to location of certain records of board; changes certain provi sions relating to request for bids on certain purchases.

WEDNESDAY, FEBRUARY 26, 1986

1303

HB 1845 Peevy, 48th Barrow County
Amends Act creating and establishing joint airport authority for city; creates and establishes the Barrow County Airport Authority as the successor to the Winder-Barrow Airport Authority.
HB 1851 Land, 16th Hudgins, 15th Muscogee County
Provides that vehicles shall be registered and licensed to operate for the en suing calendar year and thereafter in county during designated registration periods as provided in O.C.G.A.
HB 1853 Deal, 49th Hall County
Continues amendment which relates to power of Board of Commissioners to license, tax, and regulate businesses and occupations in the unincorporated area of county.
HB 1857 Peevy, 48th Phillips, 9th Gwinnett County
Amends Act providing for districts for election of Board of Education of county; changes method of compensating board.
HB 1859 Phillips, 9th Peevy, 48th Gwinnett County
Continues amendment which relates to authorizing General Assembly to cre ate a merit system of employment for present and future employees of county other than elected officials.
HB 1860 Peevy, 48th Phillips, 9th Gwinnett County
Continues amendment which relates to empowering Board of Commissioners of county to regulate businesses and levy license taxes on businesses in county and to grant franchises for solid waste collection and disposal, ambu lance service and cable television.
HB 1861 Phillips, 9th Peevy, 48th Gwinnett County
Continues amendment which relates to authorizing Board of Commissioners of county to provide systems of garbage disposal, acquire and operate sani tary landfills, levy a tax, divide the county into territorial sanitation districts, and procedures connected therewith.
HB 1862 Phillips, 9th Peevy, 48th Gwinnett County
Continues amendment which relates to creation of Gwinnett County Indus trial Building Authority and provisions for its powers, authority, funds, pur poses, and procedures.

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JOURNAL OF THE SENATE

HB 1863 Phillips, 9th Peevy, 48th Gwinnett County
Continues amendment which relates to providing for an elected Board of Ed ucation and an appointed county superintendent of schools for county.
HB 1864 Peevy, 48th Phillips, 9th Gwinnett County
Continues amendment which relates to empowering Board of Commissioners of county to promulgate ordinances imposing speed limits, weight limits on bridges, and truck routes and ordinances protecting health, welfare, and safety of the citizens.
HB 1865 Peevy, 48th Phillips, 9th Gwinnett County
Amends Act providing for education districts for election of members of Board of Education of county; provides term of one year for a member to serve as chairman.
HB 1866 Peevy, 48th Phillips, 9th Gwinnett County
Continues amendment which relates to establishment of water, sanitation, sewerage, and fire protection district in county and the levying of taxes for such services in such district.
HB 1867 Phillips, 9th Peevy, 48th Gwinnett County
Continues amendment which relates to authorizing governing authority of county to establish and administer fire protection districts and sewerage dis tricts in the unincorporated areas of county.
HB 1897 Peevy, 48th Phillips, 9th Gwinnett County
Amends Act authorizing county and governing authority thereof to appoint a Merit System Board; provides for the duties of Executive Secretary and the Personnel Director; provides for meeting of board.
HB 1903 Hine, 52nd Floyd County
Creates board of elections and registration for county and provides for its powers and duties; provides for the composition of the board and appoint ment, qualification, and term of its members.
HB 1905 Deal, 49th Hall County
Provides that vehicles shall be registered and licensed to operate for the en suing calendar year and thereafter in county during designated registration periods as provided in O.C.G.A.; provides for referendum.

WEDNESDAY, FEBRUARY 26, 1986

1305

The substitutes and amendment to the following bills were put upon their adoption:
SB 290:
Senator Gillis of the 20th offered the following substitute to SB 290:
A BILL
To be entitled an Act to amend an Act providing a new charter for the City of Soperton, approved March 14, 1984 (Ga. L. 1984, p. 4212), so as to change the term of office of certain officers; to change the method of election of the mayor and members of council of the City of Soperton; to provide that the five members of council shall be elected from single-member districts; to provide for the election of the five members of council on the same date; to provide for election of the mayor from the city at-large; to provide that mu nicipal elections shall be nonpartisan and that no primaries shall be held; to provide for submission of this Act under the federal Voting Rights Act of 1965; 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. An Act providing a new charter for the City of Soperton, approved March 14, 1984 (Ga. L. 1984, p. 4212), is amended by striking in its entirety Article V, relating to the election of mayor and council members, and inserting in its place a new Article V to read as follows:
"ARTICLE V
ELECTIONS
Section 5.10. Date of elections. The terms of the mayor and council members in office on July 1, 1986, shall expire on December 31, 1986. An election for the purpose of choosing successors to such incumbents shall be held on the third Wednesday in November, 1986. The elections for the City of Soperton shall be held biennially on the succeeding third Wednesday in November under such rules and regulations as may be adopted by the mayor and council which are not inconsistent with the provisions of this charter and the laws of Georgia. The candidates for said offices, when elected, shall take office on the first day of January following their election and shall serve for two years and until their successors are duly elected and qualified.
Section 5.11. Posts. For purposes of municipal elections conducted in 1986, and bienni ally thereafter, a total of five council members shall be elected to serve from council member posts designated as Post 1, Post 2, Post 3, Post 4, and Post 5. Each of such council members must be a resident of the district described in Section 5.12 which has the same number as the post for which he or she seeks election. Each of such council members shall be elected by only the voters of the district which he or she seeks to represent.
Section 5.12. Districts. For purposes of electing the council members from Posts 1 through 5, the City of Soperton is divided into five districts. Each of such districts shall consist of a portion of the City of Soperton bounded as follows:
District 1: Beginning at a point where the center line of Georgia State Highway #46, known as the Eastman Road, intersects the city limits of the City of Soperton, from said point of beginning, proceed in a northeasterly direction along the center line of said East man Road to a point where the center line of said Eastman Road intersects with the center line of Mississippi Avenue; from said point run southeasterly along the center line of Missis sippi Avenue to a point where the center line of Mississippi Avenue intersects the center line of First Street; from said point run along the center line of First Street in a southwest erly direction to a point formed by the intersection of the center line of First Street with the center line of Florida Ave.; from said point run along the center line of Florida Ave. in a southeasterly direction to a point formed by the intersection of the center line of Florida Avenue with the center line of the Mt. Vernon Road; from said point thence run along the

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center line of the Mt. Vernon Road in a southerly direction to a point formed by the inter section of the center line of the said Mt. Vernon Road with the center line of Third Street and Fowler Street; thence run along the center line of Fowler Street and a southwesterly direction to a point formed by the intersection of the center line of Fowler Street with the city limits of the City of Soperton. Thence run in a northwesterly direction along the arc formed by the city limits of the City of Soperton to a point formed by the intersection of said city limits with the center line of the said Eastman Road and the point of beginning. Said District 1 comprises all of the property within the boundaries stated above.
District 2: Beginning at a point formed by the intersection of the center line of the Eastman Road with the city limits of the City of Soperton, run in a northeasterly direction along the centerline of said Hwy. 46 to a point formed by the intersection of the centerline of said Eastman Road with the centerline of Mississippi Avenue; from said point then run along the centerline of Mississippi Avenue in a northwesterly direction to a point formed by the intersection of the centerline of Mississippi Avenue with the centerline of Manning Street; from said point thence run along the centerline of Manning Street in a northeasterly direction to a point formed by the intersection of the centerline of Manning Street with the centerline of Georgia Ave.; from said point thence run along the centerline of Georgia Ave. in a northwesterly direction to a point formed by the intersection of the centerline of Geor gia Avenue with the centerline of Carter Street; from said point thence run along the centerline of Carter Street in a northeasterly direction to a point formed by the intersection of the centerline of Carter Street with the centerline of Georgia State Highway 29, also known as Main Street or the Dublin Road; thence run along the centerline of said State Highway 29 in a northwesterly direction to a point formed by the intersection of said centerline of said State Highway #29 with the city limits of the City of Soperton; from said point thence run in a southwesterly direction along the arc formed by the city limits of the City of Soperton to a point formed by the intersection of said city limits with the centerline of the said Eastman Road and the point of beginning. Said District 2 comprises all of the property within the boundaries stated above.
District 3: Beginning at a point formed by the intersection of Fowler Street with the city limits of the City of Soperton in the southwestern part of Soperton, from said point of beginning run along the centerline of Fowler Street in a northeasterly direction to a point formed by the intersection of the centerline of Fowler Street and the centerline of Mt. Vernon Road; thence from said point run in a northerly direction along the centerline of the Mt. Vernon Road to a point formed by the intersection of the centerline of the Mt. Vernon Road with the centerline of Florida Avenue; thence run in a northwesterly direction along the centerline of Florida Avenue to a point formed by the intersection of the centerline of Florida Avenue with the centerline of First Street; thence run along the centerline of First Street in a northeasterly direction to a point formed by the intersection of the centerline of First Street with the intersection of the centerline of Mississippi Avenue; thence run in a northwesterly direction along the centerline of Mississippi Avenue to a point formed by the intersection of the centerline of Mississippi Ave. with the centerline of Manning Street; thence run in a northeasterly direction along the centerline of Manning Street to a point formed by the intersection of the centerline of Manning Street with the centerline of Geor gia Avenue; thence run in a northwesterly direction along the centerline of Georgia Avenue to a point formed by the intersection of the centerline of Georgia Avenue and the centerline of New Street; thence along the centerline of New Street in a northeasterly direction to a point formed by the intersection of the centerline of New Street and the centerline of Geor gia State Highway #29, also known as the Dublin Road; thence in a southeasterly direction along the centerline of said State Highway #29 to a point formed by the intersection of the centerline of said State Highway #29 with the centerline of Smith Street; thence along the centerline of Smith Street in a northeasterly direction to a point formed by the intersection of the centerline of Smith Street and the centerline of Louisiana Avenue; thence along the centerline of Louisiana Avenue in a southeasterly direction to a point formed by the inter section of the centerline of Louisiana Avenue with the centerline of the Metter Road; thence along the centerline of the Metter Road in a northeasterly direction to a point formed by the intersection of the centerline of Metter Road, also known as State Highway 46, with the

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centerline of College Street; thence along the centerline of College Street in a southwesterly direction to a point formed by the intersection of the centerline of College Street with the centerline of the Mt. Vernon Road; thence in a northerly direction along the centerline of the Mt. Vernon Road to a point formed by the intersection of the centerline of the Mt. Vernon Road with the centerline of Sessions Road; thence in a southerly direction along the centerline of Sessions Road to a point formed by the intersection of the centerline of Ses sions Road with the city limits of the City of Soperton; thence along the arc formed by the city limits of Soperton in a northwesterly direction to a point formed by the intersection of said city limits with the centerline of Fowler Street and the point of beginning. Said District 3 comprises all of the property within the boundaries stated above.
District 4: Beginning at a point formed by the intersection of Georgia State Highway #29, also known as Main Street and the Dublin Road with the city limits of the City of Soperton on the northwesterly side of said city, from said point of beginning run along the centerline of said State Highway 29 in a southeasterly direction to a point formed by the intersection of the centerline of said State Highway 29 with the centerline of Carter Street; thence run along the centerline of Carter Street in a southwesterly direction to a point formed by the intersection of the centerline of Carter Street with the centerline of Georgia Ave.; thence run in a southeasterly direction along the centerline of Georgia Avenue to a point formed by the intersection of the centerline of Georgia Avenue with the centerline of New Street; thence run along the centerline of New Street in a northeasterly direction to a point formed by the intersection of the centerline of New Street with the centerline of State Highway #29, also known as the Dublin Road and Main Street; thence run in a southeast erly direction along the centerline of said State Highway #29 to a point formed by the intersection of the centerline of said State Highway #29 with the centerline of Smith Street; thence run in a northeasterly direction along the centerline of Smith Street to a point formed by the intersection of the centerline of Smith Street and the centerline of Louisiana Avenue; thence in a southeasterly direction along the centerline of Louisiana Avenue to a point formed by the intersection of the centerline of Louisiana Avenue with the centerline of Metter Road; thence along the centerline of Metter Road in a northeasterly direction to a point formed by the intersection of the centerline of Metter Road, also known as State Highway #46 with the centerline of College Street; thence run along the centerline of Col lege Street in a southerly direction to a point formed by the intersection of the centerline of College Street with the centerline of Texas Street; thence along the centerline of Texas Street in a southeasterly direction to a point formed by the intersection of the centerline of Texas Street with the centerline of Moye Street; thence along the centerline of Moye Street in a southwesterly direction to a point formed by the intersection of the centerline of Moye Street with the centerline of Louisiana Avenue; thence along the centerline of Louisiana Avenue in a southeasterly direction to a point formed by the intersection of the centerline of Louisiana Avenue with the city limits of the City of Soperton on the southeasterly side; thence along the arc formed by the city limits of the City of Soperton in a northwesterly direction to a point formed by the intersection of the said city limits of Soperton with Geor gia State Highway #29, also known as the Dublin Road and Main Street, and the point of beginning. Said District 4 comprises all of the property within the boundaries stated above.
District 5: Beginning at a point formed by the intersection of the centerline of Louisi ana Avenue and the city limits of the City of Soperton on the southeasterly side of the said City of Soperton, from said point of beginning run along the centerline of Louisiana Avenue in a northeasterly direction to a point formed by the intersection of the centerline of Louisi ana Avenue with the centerline of Moye Street thence run along the centerline of Moye Street in a northeasterly direction to a point formed by the intersection of the centerline of Moye Street and the centerline of Texas Street; thence run along the centerline of Texas Street in a northwesterly direction to a point formed by the intersection of the centerline of Texas Street and the centerline of College Street; thence run along the centerline of College Street in a southwesterly direction to a point formed by the intersection of the centerline of College Street and the centerline of the Mt. Vernon Road; thence run along the centerline of the Mt. Vernon Road in a northerly direction to a point formed by the intersection of the

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centerline of the Mt. Vernon Road and the centerline of Sessions Road; thence run along the centerline of Sessions Road in a southerly direction to a point formed by the intersec tion of the centerline of Sessions Road and the city limits of the City of Soperton on the southern portion of said city; thence run a northeasterly direction along the arc formed by the city limits of the City of Soperton to a point formed by the intersection of the city limits of the City of Soperton with the centerline of Louisiana Avenue on the southeasterly side of the City of Soperton, and the point of beginning. Said District 5 comprises all of the prop erty within the boundaries stated above.
Section 5.13. Majority vote; election of mayor, (a) A person elected as a council member from any post shall be elected by a majority of the voters voting from that district for that office.
(b) The mayor shall be elected for a term of office of two years and until a successor is elected and qualified. A candidate for mayor must be a resident of the city and, if elected, must continue to reside in the city. The mayor shall be elected by a majority of the voters voting for that office from the entire City of Soperton.
Section 5.14. Separate registration. The City of Soperton shall maintain its own voter registration system.
Section 5.15. Applicability of general laws, (a) The procedures and requirements for election of all elected officials of the City of Soperton as to special and general elections shall be in conformity with the provisions of Chapter 3 of Title 21 of the O.C.G.A., the 'Georgia Municipal Election Code.'
(b) Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations as it deems appropriate to fulfill any options or duties under Chapter 3 of Title 21 of the O.C.G.A., the 'Georgia Municipal Election Code.'
Section 5.16. Oaths. All oaths required to be administered to those persons elected to serve as mayor and council members for the City of Soperton or appointed by the mayor and council to serve in an official capacity for the said city shall be administered by the city attorney for the City of Soperton, with the exception that any oath required of the said city attorney shall be administered by the mayor of said city.
Section 5.17. Removal and forfeiture of office, (a) The mayor and each council member shall be subject to removal from office and the office forfeited for any one or more of the following causes:
(1) Incompetence, misfeasance, or malfeasance in office;
(2) Conviction of a crime involving moral turpitude or a crime punishable as felony;
(3) Failure at any time to possess any of the qualifications of office as provided by this charter or by law;
(4) Willful violation of any express prohibition of this charter;
(5) Abandonment of office or neglect to perform the duties thereof; or
(6) Failure for any other cause to perform the duties of office as required by this charter or by law.
(b) Removal of an elected officer provided for in this section from office may be accom plished by one of the following methods:
(1) By affirmative vote of three members of the mayor and council. In the event an elected officer is sought to be removed by the action of the mayor and council, such official shall be first entitled to a written notice specifying the grounds for removal and to a public hearing which shall be held not less than 30 days after the service of such written notice. Any elected officer sought to be removed from office as herein provided shall have the right of appeal from the decision of the mayor and council to the Superior Court of Treutlen County for a jury trial. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court; or

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(2) By an information filed in the Superior Court of Treutlen County as provided by Code Section 9-6-64 of the O.C.G.A., relating to quo warranto proceedings.
Section 5.18. Nonpartisan elections; no primaries. Pursuant to the authority of Code Section 21-3-95 of the O.C.G.A., elections for mayor and council members shall be nonpartisan and there shall be no municipal primary elections."
Section 2. It shall be the duty of the city attorney for the City of Soperton to submit this Act to the United States Attorney General for review under the federal Voting Rights Act of 1965; and it shall be the duty of the mayor and the council members of the City of Soperton to direct and ensure that such submission is made by the said city attorney or some other attorney if the city attorney fails to act. It shall be the duty of the mayor and council members and the city attorney of the City of Soperton to ensure that such submis sion has been completed and approval obtained as soon as possible.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 46, nays 0, and the substitute was adopted.
*SB 592:
The Senate Committee on Urban and Community Affairs offered the following substi tute to SB 592:
A BILL
To be entitled an Act to amend an Act creating a new charter for the City of Acworth, approved August 17, 1903 (Ga. L. 1903, p. 413), 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 for election procedures; to provide for elections and run-off elections; to provide for staggered four-year terms of office; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating a new charter for the City of Acworth, approved August 17, 1903 (Ga. L. 1903, p. 413), as amended, is amended by striking Section 2 and inserting in its place a new Section 2 to read as follows:
"Section 2. (a) The corporate powers of the City of Acworth shall be vested in a mayor and a board of aldermen. The board of aldermen shall consist of five members. Any person shall be eligible for the office of mayor or alderman who is qualified under Georgia law and who is a bona fide resident of said city at the time of such person's election and is a quali fied voter of said city, provided that any candidate for the office of mayor or alderman shall register as a candidate for said office with the municipal election superintendent no earlier than 40 days and no later than 30 days prior to the general election and shall pay an en trance fee as prescribed by the mayor and board of aldermen by resolution duly passed.
(b) The mayor and five aldermen shall be elected by a majority vote of the qualified voters voting in a general election held for that purpose. The five offices of aldermen shall be designated as Alderman Post 1, Alderman Post 2, Alderman Post 3, Alderman Post 4, and Alderman Post 5. Any person desiring to offer as a candidate for alderman shall desig nate the alderman post for which such person is announcing. In instances where one of the candidates for mayor or one of the candidates for any of the aldermanic posts does not receive a majority of the votes cast at the election held on the last Saturday in October, a run-off election shall be held between the two candidates for mayor and between the two candidates for any of the aldermanic posts receiving the highest number of votes. Said run off election shall be held on the second Saturday in November. The candidate for mayor or for any of the aldermanic posts receiving a majority of votes cast in such run-off election shall be declared the winner."

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Section 2. Said Act is further amended by striking Section 3 and inserting in its place a new Section 3 to read as follows:

"Section 3. At the first election to be held under the provisions of this Act on the last Saturday in October, 1986, or at the run-off election, if any is required, the aldermen for Post No. 4 and Post No. 5 and the mayor shall be elected for terms of three years and until their successors are elected and qualified and shall take office on the first day of January, 1987. The next election to be held under the provisions of this Act shall be held on the last Saturday in October, 1987. At the election to be held on the last Saturday in October, 1987, and at the run-off election, if any is required, the aldermen for Post No. 1, Post No. 2, and Post No. 3 shall be elected for terms of four years and until their successors are elected and qualified and shall take office on the first day of January, 1988. The next election to be held under the provisions of this Act shall be held on the last Saturday in October, 1989. At the election to be held on the last Saturday in October, 1989, and at the run-off election, if any is required, the aldermen for Post No. 4 and Post No. 5 and the mayor shall be elected for terms of four years and until their successors are elected and qualified and shall take office on the first day of January, 1990. Thereafter, elections shall be held on the last Saturday in October in the year prior to expiration of the terms of the mayor and respective aldermen, and at any run-off elections. The mayor and aldermen elected at such elections shall be elected for terms of four years and until their successors are elected and qualified and shall take office on the first day of January following their election."

Section 3. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Acworth shall call and conduct an election as pro vided in this section for the purpose of submitting this Act to the electors of the City of Acworth for approval or rejection. The election superintendent shall conduct that election on the first Saturday in May, 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 of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of the City of Acworth. The ballot shall have written or printed thereon the words:

"[ ] YES [ ] NO

Shall the Act be approved which changes the terms of office of the mayor and board of aldermen of the City of Acworth and provides for staggered four-year 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 the City of Acworth. It shall be the superintendent's duty to certify the result thereof to the Secretary of State.

Section 4. All laws and parts of laws in conflict with this Act are repealed.

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

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*HB 1809: The Senate Committee on Urban and County Affairs offered the following amendment: Amend HB 1809 by striking from line 28 on Page 14 the following: "327",
and inserting in lieu thereof the following: "37".

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

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

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
Borawnennon BBrroowunn ooff 4467tthh Bryant Burton Dawkins Deal English Engram Foster

Gillis Greene Harris Harrison Hine
HHoolrltoownay T"Ioward, Hudgins Muggins Kidd Land Langford McGill McKenzie

Peevy Perry Phillips Ray Reddish
SSccootttt ooff 236ntdh f,,t.arr Stumbaugh Tate Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Bond Brantley Cobb Coleman

Coverdell Dean Fincher

Garner Kennedy (presiding) Timmons

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

All the bills on the Senate Local Consent Calendar, except SB 290, SB 592 and HB 1809, having received the requisite constitutional majority, were passed.

SB 290 and SB 592, having receiving the requisite constitutional majority, were passed by substitute.

HB 1809, having received the requisite constitutional majority, was passed as amended.

SENATE RULES CALENDAR Wednesday, February 26, 1986 THIRTY-THIRD LEGISLATIVE DAY
SR 436 John C. Beasley Bridge--designate (Rules--4th)
SB 341 Automobile Liability Insurance--provisions on vehicles considered to be unin sured (Ins--49th)

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SB 579 State Financing and Investment Commission Act--sale of notes and bonds (Approp--33rd)
SB 580 Mortgage Subsidy Bond Tax Act--state ceiling on residential housing bonds (AMENDMENT) (Approp--33rd)
SR 427 State of Georgia Construction Fund--provide (Approp--33rd)
SB 457 Civil Practice--procedures for obtaining relief from judgments (J&CL--33rd)
SB 544 Peace Officers--incentive pay (Pub Saf--4th)
SB 565 Certain Public Officers--unlawful to engage in bail bond business (Gov Op--25th)
SB 576 Post Mortem Examinations--peace officer may act as coroner (Gov Op--llth)
SR 398 Supreme Court Justice, Appeals Court Judge, Others--appointed by Governor (Judy--10th)
SR 411 Age of Criminal Responsibility Study Committee--create (Gov Op--25th)
SR 438 Workers' Compensation Coverage Study Committee--create (Rules--22nd)
HB 1218 Telephone, Automatic Dialing--regulate (SUBSTITUTE) (Gov Op--15th)
HR 472 "Lost Mountain Scenic Highway"--designate certain highway in Cobb County (Trans--33rd)
HR 507 Hamilton County, Tennessee--conveyance of lease agreement, state owned prop erty (Pub U--53rd)
HR 572 Brooks County--conveyance of certain property to Board of Commissioners (Pub U--8th)
HB 1573 Administrative Services' Central Inventory of Personal Property--movable per sonal property (AMENDMENT) (Gov Op--30th)
HB 1156 Stone Mountain Judicial Circuit--additional judge (Judy--5th)
HR 587 Franklin County--accepting certain bid for state owned property purchase (Pub U--10th)
HB 1579 Spirits by the Drink--certain cities sell, distribute for consumption only on premises (C Aff-- 39th)
HB 181 Certain Representative Districts--change composition (Gov Op--43rd)
HB 1352 Living Wills--certain form (SUBSTITUTE) (J&CL--26th)
HB 850 Occupational Regulation Review Law--create (SUBSTITUTE) (Gov Op--25th)
HB 1653 Legislative Educational Research Council--abolish (Ed--50th)
HB 1561 Hearings Before Disciplinary Tribunal--certain children not subject to (Ed--34th)
HR 690 Henry L. Reaves Arena--designate (Ag--8th)
HB 1550 State Auditor--change salary (SUBSTITUTE) (AMENDMENT) (Gov Op--25th)
HB 1662 School Bus Drivers--change provisions on minimum salary (Ed--45th)
HB 335 Lookout Mountain Judicial Circuit Superior Court--additional judge (SUBSTI TUTE) (Judy--53rd)
HB 1446 Service Cancelable Education Loans--eligibility requirements for National Guard (D&VA--3rd)
HB 1127 Legislative Educational Research Council--change name, composition (Gov Op--25th)
HB 1325 Hunting Wildlife in Parks, Historic Sites, Recreational Areas--permitted with certain written permission (Nat R--7th)

WEDNESDAY, FEBRUARY 26, 1986

1313

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

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
SB 45. By Senators Bryant of the 3rd and Allgood of the 22nd:
A bill to amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to records required to be kept by the Department of Public Safety and restrictions on the access to such records, so as to authorize the Department of Public Safety to disseminate certain information from its records to certain gov ernmental agencies or units of this state and of the United States having legiti mate governmental needs therefor.
The House substitute to SB 45 was as follows:
A BILL
To be entitled an Act to amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to records required to be kept by the Department of Public Safety and restrictions on the access to such records, so as to authorize the Department of Public Safety to disseminate certain information from its records to the Georgia Crime Information Center; to authorize the Department of Public Safety to provide access to its records to certain attorneys and to the Department of Human Resources for the purpose of the en forcement of support obligations pursuant to private actions or through Chapter 11 of Title 19 of the Official Code of Georgia Annotated; to provide requirements before access is granted to attorneys; to restrict the use of such information; to authorize the Department of Public Safety to promulgate rules, regulations, or policies governing the means of affording access to such information; to authorize the Department of Public Safety to charge a reason able fee to defray its expenses in providing access to its records; 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. 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, is amended by striking subsections (f) and (g) in their entirety and substituting in lieu thereof new subsections (f), (g), and (h) to read as follows:
"(f) The department may, upon request, disseminate from its records to the United States Selective Service System and the Georgia Crime Information Center compilations of the names, addresses, license numbers, and dates of birth of licensees or applicants for li censes. Such information shall only be used in the fulfillment of the legitimate governmental duties of the United States Selective Service System and the Georgia Crime Information Center and shall not be further disseminated to any person. The department is further au thorized to promulgate rules, regulations, or policies governing the means by which such information will be disseminated from its records to the United States Selective Service System and the Georgia Crime Information Center and is further authorized to charge a fee to defray actual expenses incurred in disseminating such information.
(g) Notwithstanding any other provisions of this Code section, the department may, upon request, provide access to and disseminate information from its records, including compilations of the names and addresses of licensees or applicants for licenses, to an attor ney at law or to the Department of Human Resources. Such information shall not be further disseminated to any person. A private attorney seeking to obtain information provided pur suant to this subsection shall be required to present to the department an affidavit of his

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client attesting that the attorney has been employed by the client, that an action for the recovery of child support is forthcoming, and that the revealed information shall not be further disseminated for purposes other than the recovery of child support. Any information provided pursuant to this subsection shall be limited to only the names, most current ad dresses, license numbers, and dates of birth of licensees or applicants for licenses and shall only be used by the attorney or the Department of Human Resources in connection with the recovery of delinquent child support payments by a private action or under Chapter 11 of Title 19, known as the 'Child Support Recovery Act.' The department is authorized to pro mulgate rules, regulations, or policies governing the means by which access to its records will be afforded and is further authorized to charge a reasonable fee to defray its costs incurred in affording access to or disseminating information contained in its records.
(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. 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 Bryant of the 3rd moved that the Senate disagree to the House substitute to SB 45.
On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SB 45.
The following general resolution and bills of the Senate, favorably reported by the com mittees, were read and the third time and put upon their passage:
SR 436. By Senator Kennedy of the 4th: A resolution designating the John C. Beasley 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 Allgood Baldwin Barker Barnes Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton 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 Stumbaugh Tate Tolleson Trulock Tysinger Walker

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Those not voting were Senators:

Bond Cobb Coleman

Coverdell Howard Starr

Timmons Turner

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

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

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.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes
OWe" , * u Broun of 46th Brown of 47th BBuryrtaonnt
Dawkins Deal
Dean
English Engram

Foster Garner Gillis Greene Harris
Harrison Hine Holloway HHuodrtgoinns
Huggins Kidd
McGill
McKenzie Peevy

Perry Phillips Ray Reddish Scott of 2nd
Scott of 36th Starr T iT,.immons
Tolleson Trulock
Turner
Tysinger Walker

Those voting in the negative were Senators:

Brannon Brantley

Coverdell Land

Langford Stumbaugh

Those not voting were Senators:

Bond Cobb

Coleman Fincher

Howard Kennedy (presiding)

On the passage of the bill, the yeas were 44, nays 6.

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

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.

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

Engram Fincher Foster Gillis Greene Harris Harrison Hine Holloway Horton Hudgins Huggins Kidd Land McGill

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

Those not voting were Senators:

Bond Bowen Cobb Coleman

Garner Howard Kennedy (presiding)

Langford Peevy Scott of 36th

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

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

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.

The Senate Committee on Appropriations offered the following amendment:
Amend SB 580 by adding following "federal legislation" on line 21 of Page 3 and on line 29 of Page 3 the following:
"(such as H.R. 3838)".

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

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

WEDNESDAY, FEBRUARY 26, 1986

1317

On the 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
rannon brantley Broun of 46th BBrrovwannt of 47th Burton Coverdell Dawkins Deal Dean English

Engram Fincher Foster Garner Gillis
Greene Harri ,,. "Holnllfoway Horton Kldd Land Langford McGill McKenzie

Peevy Perry Phillips Ray Reddish
Scott of 2nd sf
Stumbaugh Tate Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Baldwin Bond Cobb Coleman

Harrison Howard Hudgins

Huggins Kennedy (presiding) Trulock

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

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

Senator Garner of the 30th introduced the doctor of the day, Dr. John Burson, of Carrollton, Georgia.

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

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 House substitute to SR 361 was as follows:

A RESOLUTION
Providing for the designation of the Culver Kidd Medical and Surgical Building and the Joe T. Wood War Veterans Nursing Home; and for other purposes.
WHEREAS, the record of public service for the people of Baldwin County and the State of Georgia attained by Culver Kidd is an admirable one; and
WHEREAS, Culver Kidd served as a Baldwin County commissioner for ten years, a state representative for 12 years, and has served as a state senator for 23 years; and
WHEREAS, through his leadership, legislation has transformed the concept of care and service for mentally ill adults and has improved the care of retarded children; and
WHEREAS, he has worked to utilize effectively the buildings and facilities of Central

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State Hospital and was instrumental in renovating facilities at the hospital for the Depart ment of Corrections; and
WHEREAS, as a further result of his dedication, there has been built at the hospital a medical and surgical facility serving the mentally ill, the mentally retarded, disabled veter ans, and prison inmates; and
WHEREAS, Joe T. Wood joined the American Legion and the Veterans of Foreign Wars organizations in February, 1946, immediately upon his return from 38 months of ac tive duty with the United States Army primarily in the Pacific Theater of Operations; and
WHEREAS, Joe T. Wood has been a continuous member of both veterans organiza tions for over 40 years; and
WHEREAS, he served as State Commander of the VFW in 1953-54 and as a member of the board of the Department of Veterans Service from 1954-59; and
WHEREAS, he has served in a national office of the VFW, including Chief of Staff, every year since 1954; and
WHEREAS, there is not a person in Georgia who has worked longer and harder on behalf of the veterans of this state and their families than Joe T. Wood.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Board of Human Resources is authorized and directed to designate the medical and surgical facility on the grounds of Central State Hospital as the Culver Kidd Medical and Surgical Building and shall affix an appropriate plaque at the entrance of the building for such purpose.
BE IT FURTHER RESOLVED that the Department of Veterans Service is authorized and directed to designate the planned, new War Veterans Nursing Home on the grounds of Central State Hospital in Milledgeville as the Joe T. Wood War Veterans Home and the department shall affix an appropriate plaque at the entrance of the building identifying it as the "Joe T. Wood War Veterans Home."
BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and di rected to transmit appropriate copies of this resolution to Senator Culver Kidd and to the Board of Human Resources and to Representative Joe T. Wood and the Department of Veterans Service.

Senator Reddish of the 6th moved that the Senate agree to the House substitute to SR 361.

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

Those voting in the affirmative were Senators:

Allgood Baldwin Barnes Bowen Broun of 46th Brown of 47th Burton Coleman Dawkins Dean

Fincher Foster Garner Gillis Harris Holloway Hudgins Kidd McGill McKenzie

Peevy Perry Phillips Reddish Scott of 2nd Timmons Tolleson Trulock Turner Tysinger

Those voting in the negative were Senators:

Albert Barker

Brannon Brantley

Bryant English

WEDNESDAY, FEBRUARY 26, 1986

1319

Engram
Preene Hme Horton Howard

Land
Langford _ Ray Scott of 36th

Starr Stumbaugh
Tate Walker

Those not voting were Senators:

Bond Cobb Coverdell

Deal Harrison

Huggins Kennedy (presiding)

On the motion, the yeas were 30, nays 19; the motion prevailed, and the Senate agreed to the House substitute to SR 361.

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

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 that such construc tion fund may be reimbursed with the proceeds of general obligation debt; 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 ad ding at the end thereof a new subparagraph (f) to read as follows:
"(f) General obligation debt may be incurred to reimburse the state for any activity for which funds raised by taxation were expanded, provided that such activity would otherwise be an appropriate subject for the issuance of general obligation debt under this Paragraph, and provided, further, that such activity was begun within two years of the date of issuance of such reimbursing general obligation debt. Any such reimbursement shall be paid into the treasury. However, moneys received as reimbursement for expenditure of motor fuel tax revenues shall be considered 'money derived from motor fuel taxes' for purposes of subpara graph (b) of Article III, Section IX, Paragraph VI and shall be subject to the provisions therein."
Section 2. Article VII, Section IV, Paragraph III of the Constitution is amended by striking subparagraph (c) and substituting in lieu thereof a new subparagraph (c) to read as follows:
"(c) The funds in the general obligation debt sinking fund and the guaranteed revenue debt common reserve fund shall be as fully invested as is practicable, consistent with the requirements to make current principal and interest payments. Any such investments shall be restricted to obligations constituting direct and general obligations of the United States government or obligations unconditionally guaranteed as to the payment of principal and interest by the United States government or to tax exempt obligations issued by any state, county, municipal corporation, district, or political subdivision or civil division or public instrumentality of such government or unit of such government."
Section 3. Article VII, Section IV, Paragraph VII of the Constitution is amended by designating the existing language of Paragraph VII as subparagraph (a) of Paragraph VII and by adding at the end of Paragraph VII a new subparagraph (b) to read as follows:

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"(b) The Commission shall maintain a State of Georgia Construction Fund under such terms and conditions as may be provided by law. The General Assembly may appropriate to such fund such amounts as are necessary or convenient for the purposes for which debt may be incurred pursuant to Article VII, Section IV, Paragraph I or for such other purposes as may be provided by law. Debt may be incurred pursuant to Article VII, Section IV, Para graph I to reimburse the fund for all amounts expended for purposes authorized therein and as stated in the legislation permitting the issuance of such debt. Funds of the State of Geor gia Construction Fund shall not lapse for any reason, but the General Assembly may pro vide by law for their lapse."

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 for reimbursement of expenditures with the proceeds of general obligation funds, to provide for the creation of a State of Georgia Construction Fund, and to provide changes to the investment criteria applicable to the State of Georgia Gen eral Obligation Debt Sinking Fund?"

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

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

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

Those not voting were Senators:

Bond Cobb Coleman Coverdell

Greene Harrison Kennedy (presiding) Land

Scott of 2nd Tolleson Tysinger

WEDNESDAY, FEBRUARY 26, 1986

1321

On the adoption of the resolution, the yeas were 45, nays 0.

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

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

HB 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.

Senator Dawkins of the 45th moved that the Senate insist upon the Senate substitute to HB 1146.

On the motion, the yeas were 29, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 1146.

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

SB 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 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.

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

On the passage of the 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 Broun of 46th Brown of 47th Bryant Burton
Dawkins
Dean
English
Fincher

Foster Gillis Greene Hine Holloway Horton Howard Hudgins Huggins Kidd
Land
Langford
McGill
McKenzie

Peevy Perry Phillips Reddish Scott of 36th Starr 0. , , Stumbaugh * ate Timmons
Trulock
Turner
Tysinger
Walker

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JOURNAL OF THE SENATE

Those not voting were Senators:

Bond Bowen Brantley Cobb Coleman

Coverdell Deal Engram Garner Harris

Harrison Kennedy (presiding) Ray Scott of 2nd Tolleson

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

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

Senator Gillis of the 20th assumed the Chair.

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.

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

On the passage of the bill, a 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 Dawkins Deal Dean English

Engram Fincher Foster Greene Harris Hine Holloway Hudgins
Kennedy Kidd Land Langford McGill McKenzie

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

Those not voting were Senators:

Brantley Cobb Coleman Coverdell

Garner Gillis (presiding) Harrison

Horton Howard 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, resumed the Chair.

WEDNESDAY, FEBRUARY 26, 1986

1323

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.

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

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Bowen Brantley Bryant Cobb

Harrison Horton Howard Kennedy (presiding)

Ray Scott of 2nd 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 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.

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

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

Those voting in the affirmative were Senators:

Allgood Bowen

Brantley Brown of 47th

Coverdell Dean

1324

JOURNAL OF THE SENATE

English Foster Gillis Holloway Land

McGill McKenzie Peevy Perry Phillips

Reddish Timmons Trulock Turner Tysinger

Those voting in the negative were Senators:

Albert Baldwin Barker Barnes Brannon Burton Dawkins Deal Engram

Fincher Garner Greene Harris Harrison Hine Horton Howard Hudgins

Huggins Kidd Langford Ray Scott of 36th Stumbaugh Tate Tolleson Walker

Those not voting were Senators:

Bond Broun of 46th Bryant

Cobb Coleman Kennedy (presiding)

Scott of 2nd Starr

On the passage of the bill, the yeas were 21, nays 27.

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

The President assumed the Chair.

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 Su preme Court, Judges of the Court of Appeals, and judges of the superior courts and the state courts shall be appointed initially by the Governor and shall periodically be required to run on their records; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VI, Section VII of the Constitution is amended by striking in its en tirety Paragraph I and inserting in its place a new Paragraph I to read as follows:
"Paragraph I. Election; term of office, (a) All superior court and state court judges shall be appointed initially by the Governor and, at the appropriate election under Paragraph IV of this section, shall run on their records for the approval or disapproval of a majority of the electorate. If so elected, they shall have a term of four years. All Justices of the Supreme Court and the Judges of the Court of Appeals shall be appointed initially by the Governor and, at the appropriate election under Paragraph IV of this section, shall run on their records for the approval or disapproval of a majority of the electorate. If so elected, they shall have a term of six years. The terms of all judges thus elected shall begin the next January 1 after their election. The elections of judges running against their records shall be as provided by general law. The term of any judge who fails to gain majority approval by the electorate shall end on December 31 of the year of the election.
(b) All other judges shall continue to be selected in the manner and for the term they were selected on June 30, 1983, until otherwise provided by local law."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.

WEDNESDAY, FEBRUARY 26, 1986

1325

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 Justices of the Su preme Court, Judges of the Court of Appeals, and judges of the superior and state courts shall be appointed initially by the Governor and required peri odically to run on their records?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""NYeos."." 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:

Allgood
Barnes BC,, oow,leemnan Dean
Engram

Fincher
Garner HtHioinl11leoway Howard
Huggins

Kidd Land occot..t. orc n2ndj
Timmons Trulock

Those voting in the negative were Senators:

Albert Baldwin Barker
Bond Brannon
R % x7,K BryL" Burton Cobb Coverdell Dawkins Deal

English Foster Gillis
Greene Harris
Harrisn Horton Kennedy Langford McGill McKenzie Peevy

Perry Phillips Ray
Reddish Scott of 36th
Starr Stumbaugh Tate Tolleson Turner Tysinger Walker

Not voting were Senators Broun of 46th and Hudgins.

On the adoption of the resolution, the yeas were 17, nays 37.

The resolution, having failed to receive the requisite two-thirds constitutional majority, was lost.

SR 411. By Senator Kidd of the 25th:
A resolution creating the Age of Criminal Responsibility Study Committee of the Senate.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

1326

JOURNAL OF THE SENATE

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

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Bryant Burton Cobb Coverdell Dawkins Dean English Engram

Fincher Foster Garner 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 Walker

Those not voting were Senators:

Allgood Brown of 47th

Coleman Deal

Greene

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

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

SR 438. By Senators Allgood of the 22nd and Albert of the 23rd: A resolution creating the Workers' Compensation Coverage 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 Bond Bowen Brannon Brantley Broun of 46th Bryant Burton Cobb 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

WEDNESDAY, FEBRUARY 26, 1986

1327

Trulock Turner

Tysinger

Walker

Those not voting were Senators:

Brown of 47th Coleman

Coverdell

Dawkins

On the adoption of the resolution, the yeas were 52, 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 February 6 and committed to the Senate Committee on Governmental Operations, and favorably re ported by the committee, was put upon its passage:

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.

The Senate Committee on Governmental Operations offered the following substitute to HB 1218:

A BILL
To be entitled an Act to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Fair Business Practices Act of 1975," so as to regulate the use of automatic dialing and recorded message players for certain pur poses; to define a certain term; to provide that certain uses or contracting for certain uses of automatic dialing and recorded message players are unlawful; to provide that certain uses or contracting for certain uses of automatic dialing and recorded message players are unfair acts or practices in the conduct of consumer transactions; to require the furnishing of cer tain information in connection with telephone calls made through the use of automatic dial ing and recorded message players; to provide for time limitations upon the use of automatic dialing and recorded message players; to prohibit the connection or use of automatic dialing and recorded message players under certain circumstances; to make it unlawful to use an automatic dialing and recorded message player for certain purposes unless a permit has been issued for such use; to provide procedures for the issuance of permits; to provide for fees; to provide for renewal of permits; to provide for exceptions; to provide for other mat ters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. 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," is amended by adding be tween paragraphs (1) and (1.1) of subsection (a) of Code Section 10-1-392, relating to defini tions of terms used in the "Fair Business Practices Act of 1975," a new paragraph (1.05) to read as follows:
"(1.05) 'Automatic dialing and recorded message player" means any automatic device or equipment which, when connected to a telephone line, is capable of dialing telephone num bers in a random or sequential order, whether working alone or in conjunction with other equipment, and which disseminates a prerecorded message to the telephone number called."
Section 2. Said part is further amended by adding at the end of Code Section 10-1-393,

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JOURNAL OF THE SENATE

relating to unfair or deceptive practices in consumer transactions, a new subsection (d) to read as follows:
"(d) (1) It shall be an unfair act or practice in the conduct of consumer transactions and unlawful for any person to use, to employ or direct another person to use, or to contract for the use of an automatic dialing and recorded message player for the purpose of advertis ing or offering for sale, lease, rental, or as a gift any goods, services, or property, either real or personal, primarily for personal, family, or household use or for the purpose of con ducting polls or soliciting information where:
(A) Such use is other than between the hours of 9:00 A.M. and 9:00 P.M.;
(B) Such use is on Sunday;
(C) The automatic dialing and recorded message player is not so designed and equipped with an automatic clock and calendar device which will operate, even in the event of power failures, to prevent unattended operation in violation of subparagraphs (A) and (B) of this paragraph;
(D) Such use involves either the random or sequential dialing of telephone numbers;
(E) The automatic dialing and recorded message player does not automatically and im mediately terminate its connection with any telephone call after the person called hangs up his or her telephone;
(F) The recorded message fails to state clearly the name of the person or organization initiating the call within the first 20 seconds of the call; or
(G) The recorded message fails to state clearly the telephone number of the person or organization initiating the call at least twice during the term of the message.
(2) It shall be an unfair act or practice in the conduct of consumer transactions and unlawful for any person to connect any automatic dialing and recorded message player to any telephone line in this state for the purpose of making telephone calls to persons in this state through the use of an automatic dialing and recorded message player unless a permit has been issued for such automatic dialing and recorded message player by the administra tor. Any person desiring to use an automatic dialing and recorded message player in this state shall make application for a permit to the administrator on forms prescribed by the administrator and shall pay a fee of $25.00 for such permit. Permits shall be renewed bien nially as prescribed by the administrator and upon payment of a renewal fee of $25.00."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Senators Barnes of the 33rd, Mine of the 52nd, Stumbaugh of the 55th, Garner of the 30th, Trulock of the 10th and Howard of the 42nd offered the following amendment:
Amend the substitute to HB 1218 offered by the Senate Committee on Governmental Operations by striking lines 28-29 of Page 2, and by striking on line 9, Page 2 the following:
"in a random or sequential order".
On the adoption of the amendment, the yeas were 26, nays 22, and the amendment was adopted.
On the adoption of the substitute, the yeas were 41, 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.

WEDNESDAY, FEBRUARY 26, 1986

1329

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brann,on BBr>rroanutnleoyff 4,16/vti.hiBBrroywannt of 47th
Burton Cobb Coleman Coverdell Dawkins Deal Dean

English Engram Fincher Foster Garner Gillis Greene "arris HTHTma' renson HHoolrltoownay
Howard Hudgins Huggins Kennedy Kidd Land Langford

McGill McKenzie Peevy Perry Phillips jjav Reddish Scott of 2nd ca,,cotttt ore jibcttnu So tumb, augh
Tate Timmons Tolleson Trulock Turner Tysinger Walker

On the passage of the bill, the yeas were 56, nays 0.

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

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

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".
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 Baldwin Barnes Bond Bowen Brannon Brantley Broun of 46th Burton Cobb Coverdell Dawkins Deal

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

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

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JOURNAL OF THE SENATE

Tate Timmons

Tolleson Trulock

Tysinger Walker

Those not voting were Senators:

Allgood Barker Brown of 47th Bryant

Coleman Engram Holloway Howard

Land Starr Turner

On the adoption of the resolution, the yeas were 45, nays 0.

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

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.
Senate Sponsor: Senator Huggins of the 53rd.

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 Brannon
,,BBur,,yr,tao,n,nt Cobb Coverdell Deal Dean English

Fincher Foster Garner Gillis Greene Harris Harrison Hine Holloway HHuodrtgom.n s Huggins Kennedy Kidd Land Langford

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

Those not voting were Senators:

Barker Coleman Dawkins

Engram Howard

Phillips Scott of 36th

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

WEDNESDAY, FEBRUARY 26, 1986

1331

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

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.
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:

Allgood Baldwin Barnes Bnd Bowen
j*ranncm Brantley BBnBrruoorwutonnnoofef 44.6~7ttihh Cobb Coleman Deal Dean Engram Foster

Garner Gillis Greene Harris Hine
Holloway Horton Huowardj Huggms Kennedy Kidd Land Langford McGill McKenzie

Peevy Perry Phillips Ray Reddish
Scott of 2nd Scott of 36th SoS_*tt.uarmrb, augh, Tate Timmons Tolleson Trulock Tysinger Walker

Those not voting were Senators:

Albert Barker Bryant Coverdell

Dawkins English Fincher

Harrison Hudgins Turner

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

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

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.
Senate Sponsor: Senator Garner of the 30th.

Senator Kidd of the 25th offered the following amendment:
Amend HB 1573 by striking in their entirety lines 1 through 6 on Page 2, which read as follows:

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"(3) Any item or items which an agency feels should be included in its personal prop erty inventory even though it fails to meet the criteria outlined above, provided the agency obtains prior approval as stipulated in this part.'",
and inserting in lieu thereof the following:
"(3) Any item or items which an agency feels should be included in its personal prop erty inventory even though it fails to meet the criteria outlined above.'"

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

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

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

Those voting in the affirmative were Senators:

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

Deal Dean Engram Foster Garner Gillis Greene Harris Hine Holloway Huggins Kennedy Kidd Langford McGill

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

Those not voting were Senators:

Cobb Coverdell English Fincher

Harrison Horton Howard Hudgins

Land Reddish Tolleson

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

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

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.
Senate Sponsor: Senator Burton of the 5th.
The report of the committee, which was favorable to the 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 26, 1986

1333

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes ond BBorawnetnley
Broun of 46th Brown of 47th Bryant Burton Coleman Dawkins Deal

Dean English Engram Fincher Foster Garner GHiilnlies
Horton Hudgins Huggins Kennedy Kidd McGill McKenzie

Peevy Perry Phillips Reddish Scott of 2nd Scott of 36th cSt. umb, augh,
late Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Brannon Cobb Coverdell Greene

Harris Harrison Holloway Howard

Land Langford Ray Starr

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

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

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.
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:

Allgood Baldwin Barker Barnes Bond Bowen Brantley Broun of 46th Bryant Burton Dawkins Deal Dean English Engram

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

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

Voting in the negative were Senators Brown of 47th and Hudgins.

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Those not voting were Senators:

Albert Brannon Cobb

Coleman Coverdell Garner

Harrison Ray Stumbaugh

On the adoption of the resolution, the yeas were 45, nays 2.

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

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.
Senate Sponsor: Senator Bond of the 39th.

Senator Kidd of the 25th offered the following substitute to HB 1579:

A BILL
To be entitled an Act to amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to change the definition of the term "malt beverage"; to provide that any municipality which, on January 1, 1985, was issuing licenses permitting the manufacture, sale, or distribution of distilled spirits or authorizing the sale of distilled spir its by the drink for consumption only on the premises based on approval for such in the county in a county-wide referendum shall be authorized to exercise the powers and shall be subject to the provisions of law relating to such activities; to provide that certain municipal ities may authorize the manufacture, sale, or distribution of distilled spirits or the sale of distilled spirits by the drink for consumption only on the premises; to provide procedures for such authorization; to provide for the withdrawal of such authorization; to provide for other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 3 of the Official Code of Georgia Annotated, relating to alcoholic bever ages, is amended by striking in its entirety paragraph (12) of Code Section 3-1-2, relating to definitions used in the Georgia Alcoholic Beverages Code, and inserting in lieu thereof a new paragraph (12) to read as follows:
"(12) 'Malt beverage' means any alcoholic beverage obtained by the fermentation of any infusion or decoction of barley, malt, hops, or any other similar product, or any combination of such products in water, containing not less than one-half of 1 percent and not more than 6 percent alcohol by volume and including ale, porter, brown, stout, lager beer, small beer, and strong beer. The term does not include sake, known as Japanese rice wine."
Section 2. Said title is further amended by adding at the end of Article 3 of Chapter 4, relating to local authorization and regulations for manufacture, distribution, and package sales of distilled spirits, a new Code Section 3-4-51 to read as follows:
"3-4-51. Any municipality which lies wholly or partially within a county which has ap proved the manufacture, sale, or distribution of distilled spirits in a county-wide referendum as provided in this article and which, on January 1, 1985, was issuing licenses permitting the manufacture, sale, or distribution of distilled spirits shall be authorized to exercise the pow ers and shall be subject to the provisions contained in this title relating to the manufacture, sale, or distribution of distilled spirits."

WEDNESDAY, FEBRUARY 26, 1986

1335

Section 3. Said title is further amended by adding at the end of Part 1 of Article 5 of Chapter 4, relating to authorization for sales by the drink, a new Code Section 3-4-93 to read as follows:
"3-4-93. Any municipality which lies wholly or partially within a county which has ap proved the sale of distilled spirits by the drink for consumption only on the premises in a county-wide referendum as provided in this article and which, on January 1, 1985, was issu ing licenses permitting the sale of distilled spirits by the drink for consumption only on the premises shall be authorized to exercise the powers and shall be subject to the provisions contained in this title relating to the sale of distilled spirits by the drink for consumption only on the premises."
Section 4. Said title is further amended by adding at the end of Chapter 4, relating to distilled spirits, a new Article 7 to read as follows:
"ARTICLE 7
3-4-160. (a) (1) Except as provided in subsection (c) of this Code section, any munici pality which lies wholly or partially within a county which has approved in a county-wide referendum the manufacture, sale, or distribution of distilled spirits as provided in Article 3 of this chapter may, by ordinance or resolution and without the necessity of conducting a separate referendum, authorize the manufacture, sale, or distribution of distilled spirits and may exercise the powers contained in this title relating to the manufacture, sale, or distribu tion of distilled spirits.
(2) In any municipality in which the manufacture, sale, or distribution of distilled spir its is authorized as provided in this Code section, such manufacture, sale, or distribution may, by ordinance or resolution adopted by the governing authority of the municipality, be prohibited.
(b) (1) Except as provided in subsection (c) of this Code section, any municipality which lies wholly or partially within a county which has approved in a county-wide referen dum the sale of distilled spirits by the drink for consumption only on the premises as pro vided in Part 1 of Article 5 of this chapter may, by ordinance or resolution and without the necessity of conducting a separate referendum, authorize the sale of distilled spirits by the drink for consumption only on the premises and may exercise the powers contained in this title relating to the sale of distilled spirits by the drink for consumption only on the premises.
(2) In any municipality in which the sale of distilled spirits by the drink for consump tion only on the premises is authorized as provided in this Code section, such sales may, by ordinance or resolution adopted by the governing authority of the municipality, be prohibited.
(c) A municipality shall not be authorized to approve the manufacture, sale, or distribu tion of distilled spirits as provided in subsection (a) of this Code section or the sale of distilled spirits by the drink for consumption only on the premises as provided the subsec tion (b) of this Code section unless a majority of the electors voting in the county-wide referendum election who reside in the municipality voted in favor of approving the manu facture, sale, or distribution of distilled spirits or in favor of approving the sale of distilled spirits by the drink for consumption only on the premises."
Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 6. All laws and parts of laws in conflict with this Act are repealed.
Senators Deal of the 49th and Foster of the 50th offered the following amendment:
Amend the substitute to HB 1579 offered by Senator Kidd of the 25th by striking the quotation marks on line 28 of Page 4 and by inserting between lines 28 and 29 of Page 4 the following:

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JOURNAL OF THE SENATE

"(d) This Code section shall apply only to municipalities where the county-wide refer endum is held on or after the effective date of this Code section."

Senator Kidd of the 25th asked unanimous consent to withdraw the substitute to HB 1579 offered by Senator Kidd of the 25th; the consent was granted, and the substitute was withdrawn.

Senator Deal of the 49th asked unanimous consent to withdraw the amendment offered by Senators Deal of the 49th and Foster of the 50th to the substitute to HB 1579 offered by Senator Kidd of the 25th; the consent was granted, and the amendment was withdrawn.

Senators Deal of the 49th, Foster of the 50th and Greene of the 26th offered the follow ing amendment:
Amend HB 1579 by striking the quotation marks on line 12 of Page 4 and by inserting between lines 12 and 13 of Page 4 the following:
"(d) This Code section shall apply only to municipalities where the county-wide refer endum is held on or after the effective date of this Code section.'"

On the adoption of the amendment, the yeas were 41, nays 6, 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 Barnes Bond Bowen Brannon Broun of 46th Bryant Coleman Dawkins Deal Dean English Engram Fincher

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

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

Those voting in the negative were Senators:

Baldwin Brown of 47th

Burton Horton

Phillips Ray

Those not voting were Senators:

Brantley Cobb

Coverdell

Stumbaugh

On the passage of the bill, the yeas were 46, nays 6.

WEDNESDAY, FEBRUARY 26, 1986

1337

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 1618. By Representative Benn of the 38th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing any municipality having a population of 150,000 or more to issue street improvement bonds subject to cer tain limitations.
HB 1619. By Representative Benn of the 38th:
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 Atlanta to issue revenue bonds for the purpose of providing repairs and improvements in its water works system and sanitation system.
HB 1620. By Representative Benn of the 38th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing that, upon the extension of the corporate limits of the City of Atlanta into Fulton County, the additional terri tory and school property located in the annexed area become a part of the City of Atlanta independent school system.
HB 1621. By Representative Benn of the 38th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which provides that the City of Atlanta shall assume a portion of the bonded indebtedness of the Fulton County School District when territory within the school district is annexed into the city.
HB 1622. By Representative Benn of the 38th:
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 maximum indebted ness which may be incurred by the City of Atlanta shall be 12 percent of the total tax digest.
HB 1623. By Representative Benn of the 38th:
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 Atlanta to incur bonded indebtedness without the necessity of the referendum for the purpose of constructing and repairing water and solid waste disposal systems.
HB 1624. By Representative Benn of the 38th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the Genera) Assembly to cre ate a new court or system of courts in each city having a population of more than 300,000 and to provide jurisdiction of such court or system of courts.

1338

JOURNAL OF THE SENATE

HB 1625. By Representative Benn of the 38th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing a procedure whereby the City of Atlanta may issue a total of $4 million in bonds in any fiscal year for school purposes without a referendum.
HB 1626. By Representative Benn of the 38th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing a procedure whereby the City of Atlanta may issue a total of $4 million in bonds in any fiscal year for munici pal corporate purposes without a referendum.
HB 1628. By Representative Benn of the 38th:
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 Atlanta to estab lish historic zones and to enact planning and zoning ordinances applicable thereto.
HB 1629. By Representative Benn of the 38th:
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 es tablish procedures whereby any city with a population of over 400,000 may de molish certain buildings or structures from private premises under certain condi tions at public expense.
HB 1630. By Representative Benn of the 38th:
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 Atlanta under certain circumstances to levy ad valorem taxes not to exceed two mills in any calendar year for the purpose of retiring revenue obligations issued by the city.
HB 1631. By Representative Benn of the 38th:
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 Atlanta to issue and sell revenue bonds for the construction of the off-street parking facilities.
HB 1633. By Representative Benn of the 38th:
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 for the creation of a county-wide public library system within all counties having a population of 550,000 or more and to transfer the library facilities of any city located wholly or partially in the county to such system.
HB 1634. By Representative Couch of the 40th:
A bill to amend an Act reincorporating the City of Atlanta in the Counties of Fulton and DeKalb and creating a new charter for that city, so as to authorize the city to have and be authorized to exercise all redevelopment and other pow ers authorized or granted municipalities pursuant to the "Redevelopment Powers Law," as now or hereafter amended.
HB 1714. By Representative McKinney of the 35th:
A bill to amend an Act creating a system of traffic courts for each city of this state having a population of more than 300,000 according to the United States

WEDNESDAY, FEBRUARY 26, 1986

1339

decennial census of 1960 or any future such census, approved April 21, 1967, as amended, so as to create the position of senior judge of any such court.
HB 1822. By Representative Coleman of the 118th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Dodge County-Eastman De velopment Authority (Res. Act No. 226).
HB 1824. By Representative Coleman of the 118th: A bill to amend an Act providing a new charter for the City of Eastman, so as to extend and increase the corporate limits of the City of Eastman.
HB 1854. By Representatives Bolster of the 30th, Martin of the 26th, Dean of the 29th and Holmes of the 28th: A bill to amend an Act providing for urban enterprise zones in the City of At lanta, so as to provide that urban enterprise zones may be created for commercial and industrial purposes or for residential purposes; to provide for the definitions and locations of types of urban enterprise zones.
HB 1966. By Representative Chance of the 129th: A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Effingham County during designated re gistration periods as provided in Code Section 40-2-20.1 of the Official Code of Georgia Annotated.
HB 1967. By Representative Waddle of the 113th: A bill to amend an Act incorporating the City of Centerville in Houston County, so as to authorize the city to have and be authorized to exercise all redevelop ment and other powers authorized or granted municipalities pursuant to the "Redevelopment Powers Law," as now or hereafter amended, and provide for certain such powers.
HB 1968. By Representative Pannell of the 122nd: 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 the City of Savannah to establish historic zones within a des ignated area of the city.
HB 1970. By Representative Murphy of the 18th: A bill to provide the commission retained by the Haralson County tax commis sioner for collection of Haralson County school taxes shall be reduced to onequarter of 1 percent; to provide that all school taxes collected in excess of said one-quarter of 1 percent commission shall be paid over to the Haralson County board of education in the manner provided by general law.
HB 1971. By Representative Patten of the 149th: A bill to create the Lakeland-Lanier County Charter Commission.
HB 1972. By Representative Crawford of the 5th: A bill to create a board of commissioners of Chattooga County; to provide for their election, oath, and powers and duties; to prohibit candidates for nomination or election to said board from making certain agreements and to provide for pen alties in connection therewith.

1340

JOURNAL OF THE SENATE

HB 1973. By Representative Jackson of the 65th:
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 Walton Industrial Building Authority and the powers and functions of the authority.
HB 1975. By Representatives Auten of the 156th and Ramsey of the 155th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Glynn County during designated regis tration periods as provided in Code Section 40-2-20.1 of the Official Code of Georgia Annotated.
HB 1978. By Representatives Cummings of the 17th and Murphy of the 18th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Polk County during designated registra tion periods as provided in Code Section 40-2-20.1 of the Official Code of Georgia Annotated.
HB 1980. By Representatives Hill of the 83rd and Harris of the 84th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Columbia County during designated re gistration periods as provided in Code Section 40-2-20.1 of the Official Code of Georgia Annotated.
HB 1981. By Representatives Lane of the lllth and Godbee of the 110th:
A bill to amend an Act creating a board of commissioners of Bulloch County, so as to change the name of the position "chairman and clerk" of the board of com missioners of Bulloch County to "chairman"; to authorize the board of commis sioners to employ a clerk and a deputy clerk; to provide for editorial revision.
HB 1982. By Representatives Thomas of the 69th, Lee of the 70th and Shepard of the 71st:
A bill to amend an Act relating to the board of education and school superinten dent of the Carroll County School District, so as to clarify provisions relating to the date of future elections of certain members of the board of education.
HB 1983. By Representatives Thomas of the 69th, Lee of the 70th and Shepard of the 71st:
A bill to amend an Act placing the clerk of the Superior Court of Carroll County on a salary basis, so as to change the compensation of the clerk of the Superior Court of Carroll County.
HB 1985. By Representative Smith of the 78th:
A bill to create the Butts County, City of Flovilla, City of Jackson, and City of Jenkinsburg Water and Sewer Authority.
HB 1987. By Representatives Groover of the 99th, Randall of the 101st and Home of the 103rd:
A bill to amend an Act providing a new charter for the City of Macon in Bibb County, so as to authorize the city to have and be authorized to exercise all rede velopment and other powers authorized or granted municipalities pursuant to the "Redevelopment Powers Law," as now or hereafter amended, and provide for certain such powers.

WEDNESDAY, FEBRUARY 26, 1986

1341

HB 1988. By Representatives Groover of the 99th, Home of the 103rd, Lucas of the 102nd, Pinkston of the 100th and Randall of the 101st: A bill to amend an Act establishing the board of commissioners of Bibb County, so as to authorize Bibb 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," as now or hereafter amended, and provide for certain such powers.
HB 1989. By Representative Sizemore of the 136th: A bill to provide for the compensation of the chairman and members of the board of education of Worth County.
HB 1991. By Representative Reaves of the 147th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Brooks County Develop ment Authority (Res. Act No. 64).
HB 1993. By Representative McDonald of the 12th: A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Jackson County during designated regis tration periods as provided in Code Section 40-2-20.1 of the Official Code of Georgia Annotated.
HB 1994. By Representatives McDonald of the 12th, Dover of the llth and Jamieson of the llth: A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Banks County during designated regis tration periods as provided in Code Section 40-2-20.1 of the Official Code of Georgia Annotated.
HB 1995. By Representative McDonald of the 12th: A bill to create the Jackson County Water and Sewerage Authority.
HB 1996. 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, operation, and powers of the City of Dalton Building Authority.
HB 1997. By Representatives Lane of the lllth and 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 Screven County during designated regis tration periods as provided in Code Section 40-2-20.1 of the Official Code of Georgia Annotated.
HB 1998. By Representative Parrish of the 109th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Emanuel County Develop ment Authority (Res. Act No. 87).
HB 1999. By Representatives Jamieson of the llth and Dover of the llth: A bill to amend an Act creating a board of commissioners of Stephens County, so as to change the compensation of the chairman and members of the board.

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JOURNAL OF THE SENATE

Senator Allgood of the 22nd moved that the Senate stand in recess from 12:55 o'clock P.M. until 6:00 o'clock P.M. today, and at 6:10 o'clock P.M. stand adjourned until 9:30 o'clock A.M. tomorrow, and the motion prevailed.
The President announced that the Senate would stand in recess from 12:55 o'clock P.M. until 6:00 o'clock P.M. today, and at 6:10 o'clock P.M. stand adjourned until 9:30 o'clock A.M. tomorrow.
At 6:00 o'clock P.M., the President called the Senate to order.
Senator Burton of the 5th 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 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.
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 568. By Representatives Walker of the 85th, Ransom of the 90th, Brown of the 88th and Redding of the 50th: A bill to amend Code Section 20-8-5 of the Official Code of Georgia Annotated, relating to law enforcement powers of school security personnel in certain coun ties, so as to remove certain population limitations and provide for applicability to school security personnel of county boards of education and independent boards of education.
HB 1658. By Representative Walker of the 85th: A bill to amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to property tax exemptions, so as to exempt from the return and payment of ad valorem taxes certain tangible personal property if the value of that property does not exceed $1,000.00.
HB 1984. By Representative Reaves of the 147th: A bill to amend Article 2 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, known as the "Georgia Food Act," so as to provide that the Commis sioner of Agriculture is authorized to promulgate and adopt rules and regulations for the labeling of beef; to provide for certification that beef has been produced without feeding, injecting, or implanting antibiotics or growth hormones in the animal.
HB 310. By Representatives Smith of the 152nd, Aiken of the 21st, Goodwin of the 63rd, Mueller of the 126th, Holcomb of the 72nd and others: A bill to amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, so as to enact comprehen sive provisions requiring notice to parents before abortions are performed on cer tain minors and incompetents; to provide notice requirements; to provide for cer tain judicial proceedings regarding objection to such notice.

WEDNESDAY, FEBRUARY 26, 1986

1343

The House has adopted by the requisite constitutional majority the following resolu tions of the House:
HR 644. By Representatives Lucas of the 102nd and Coleman of the 118th:
A resolution proposing an amendment to the Constitution so as to provide that the General Assembly shall provide by law for a program of indemnification with respect to the permanent disability of any law enforcement officer, fireman, or prison guard who was permanently disabled in the line of duty subsequent to January 1, 1977, and prior to January 1, 1979; to provide that funds may be appropriated and insurance purchased for such purpose.
HR 717. By Representatives Cummings of the 17th, Murphy of the 18th, Connell of the 87th, Wilson of the 20th, Lawler of the 20th and others:
A resolution designating the English language as the official language of the State of Georgia.
The House has passed by the requisite constitutional majority the following bills of the House:
HB 1952. By Representatives Murphy of the 18th, Burruss of the 20th, McDonald of the 12th, Phillips of the 120th and Lee of the 72nd:
A bill to amend Chapter 9 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Building Authority, so as to create the Agency for Re moval of Hazardous Materials to provide for the abatement and removal of as bestos and other hazardous materials from public premises.
HB 1953. By Representatives Murphy of the 18th, Burruss of the 20th, McDonald of the 12th, Phillips of the 120th and Lee of the 72nd:
A bill to amend Code Section 45-9-4 of the Official Code of Georgia Annotated, relating to state liability insurance and self-insurance, so as to provide for insur ing and self-insuring liability of officers of the state for separate insurance and self-insurance in connection with abatement and removal of asbestos and other hazardous materials from state facilities.
HB 1986. By Representatives Logan of the 67th and Argo of the 68th:
A bill to amend Part 1 of Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to privileged communications in general, so as to provide a privilege for information concerning veterinary care; to amend Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to inspection of public records, so as to provide that records of veterinary care shall not be open to public inspection.
HB 1549. By Representative Richardson of the 52nd:
A bill to amend Code Section 31-7-261 of the Official Code of Georgia Annotated, regarding immunity from liability for criminal records checks of personal care home personnel, so as to extend that immunity to county boards of health; to change a term.
HB 2001. By Representatives Lucas of the 102nd, Lee of the 72nd and Smyre of the 92nd:
A bill to amend Article 5 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to aid to families with dependent children, so as to provide that all income earned by persons aged 18 or under under the Jobs Training Program Act shall not be deducted from any payments made under this article.

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HB 1931. By Representative Porter of the 119th:
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 the removal from a landlord's property of a tenant's manufactured home, mobile home, trailer, or other transportable housing after the issuance of a writ of possession; to provide for fees and storage costs.
HB 264. By Representative Barnett of the 59th:
A bill to amend Chapter 10 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of fireworks, so as to permit the sale of certain types of fireworks; to provide for definitions; to provide for the licensing of manufactur ers, distributors, and retailers of fireworks; to provide for the regulation of the manufacture and sale of fireworks by the state fire marshal.
HB 414. By Representatives Lupton of the 25th, Barnett of the 59th, Athon of the 57th, Morton of the 47th, Brown of the 88th and Lawrence of the 49th:
A bill to amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to provide that it shall be a criminal offense to consume any alcoholic beverage while driving or while in ac tual physical control of a moving vehicle; to provide that it shall be a criminal offense to consume any alcoholic beverage while in a moving vehicle.
HB 1688. By Representative Bray of the 91st:
A bill to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, so as to provide for the filling of a vacancy in the office of clerk of the superior court; to change the provisions relating to certain appointments by the probate judge pending the filling of cer tain vacancies.
HB 1347. By Representatives Martin of the 60th and Coleman of the 118th:
A bill to amend Code Section 40-6-163 of the Official Code of Georgia Annotated, relating to the duty of driver of vehicle meeting or overtaking a school bus and reports of certain violations, so as to change certain provisions relative to the conduct of hearings and actions taken by the Department of Public Safety.
HB 962. By Representatives Thomas of the 69th and Pinkston of the 100th:
A bill to amend Part 2 of Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to the privilege for and release of medical informa tion, so as to change the conditions under which medical information shall be released by physicians.
HB 1185. By Representatives Robinson of the 96th, Ware of the 77th, Wood of the 9th, Walker of the 115th and Buck of the 95th:
A bill to amend Code Section 9-11-41 of the Official Code of Georgia Annotated, relating to the dismissal and recommencement of civil actions, so as to provide that a plaintiff may dismiss an action without order or permission of court at any time before the trial of the case commences; to provide that after commencement of a trial permission and an order of the court must be obtained before dismissal.
HB 1843. By Representatives Coleman of the 118th and Jackson of the 9th:
A bill to amend Code Section 35-2-36 of the Official Code of Georgia Annotated, relating to the composition of the battalion of the Uniform Division of the De partment of Public Safety, so as to provide that recruits or cadets of the Uniform

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Division shall be designated peace officers and shall have the authority of peace officers.
The House has adopted by the requisite constitutional majority the following resolu tions of the House:
HR 686. By Representatives McKinney of the 35th, Dean of the 29th, Thomas of the 31st, Holmes of the 28th, Greer of the 39th and others: A resolution creating the Atlanta-Fulton County Taxation Study Commission.
HR 770. By Representative Edwards of the 112th: A resolution transferring the ownership of a certain structure owned by the Geor gia Forestry Commission to the Schley County Board of Commissioners.
HR 69. By Representatives Reaves of the 147th, Long of the 142nd, Royal of the 144th, Matthews of the 145th, Moody of the 153rd and Branch of the 137th: A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for indemnification with respect to publicly employed emergency medical technicians who are or have been killed or perma nently disabled in the line of duty on or after January 1, 1987.
HR 718. By Representatives Bolster of the 30th, Williams of the 6th, Dover of the llth and Crosby of the 150th: A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide a procedure for the creation of development dis tricts for the promotion of commercial development through ad valorem tax incentives.
The House has agreed to the Senate substitute to the following bill of the House:
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.
The House has agreed to the Senate substitute to the following resolution of the House:
HR 577. By Representative Stancil of the 66th: A resolution creating a Joint Liability Insurance Study Committee.
The House has disagreed to the Senate substitute to the following bill of the House:
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.
The House insists on its position in disagreeing to the Senate substitute, and has ap-

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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 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.
The Speaker has appointed on the part of the House, Representatives Johnson of the 72nd, Groover of the 99th and Thomas of the 69th.
The House has passed by the requisite constitutional majority the following bill of the House:
HB 1074. By Representatives Logan of the 67th, Bray of the 91st and Argo of the 68th:
A bill to amend Title 21 of the O.C.G.A., relating to elections, so as to provide certain conditions under which no person shall be deemed to have gained or lost a residence by reason of such person's presence or absence; to provide for consid eration by the registrars of an applicant's expressed intent and all attendant sur rounding circumstances relating to such intent and conduct.
The following bills and resolutions of the House were read the first time and referred to committees:
HB 264. By Representative Barnett of the 59th:
A bill to amend Chapter 10 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of fireworks, so as to permit the sale of certain types of fireworks; to provide for definitions; to provide for the licensing of manufactur ers, distributors, and retailers of fireworks; to provide for the regulation of the manufacture and sale of fireworks by the state fire marshal.
Referred to Committee on Industry and Labor.
HB 414. By Representatives Lupton of the 25th, Barnett of the 59th, Athon of the 57th, Morton of the 47th, Brown of the 88th and Lawrence of the 49th:
A bill to amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to provide that it shall be a criminal offense to consume any alcoholic beverage while driving or while in ac tual physical control of a moving vehicle; to provide that it shall be a criminal offense to consume any alcoholic beverage while in a moving vehicle. Referred to Committee on Consumer Affairs.
HB 568. By Representatives Walker of the 85th, Ransom of the 90th, Brown of the 88th and Redding of the 50th:
A bill to amend Code Section 20-8-5 of the Official Code of Georgia Annotated, relating to law enforcement powers of school security personnel in certain coun ties, so as to remove certain population limitations and provide for applicability to school security personnel of county boards of education and independent boards of education. Referred to Committee on Education.

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HB 962. By Representatives Thomas of the 69th and Pinkston of the 100th:
A bill to amend Part 2 of Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to the privilege for and release of medical informa tion, so as to change the conditions under which medical information shall be released by physicians. Referred to Committee on Judiciary and Constitutional Law.
HB 1185. By Representatives Robinson of the 96th, Ware of the 77th, Wood of the 9th, Walker of the 115th and Buck of the 95th:
A bill to amend Code Section 9-11-41 of the Official Code of Georgia Annotated, relating to the dismissal and recommencement of civil actions, so as to provide that a plaintiff may dismiss an action without order or permission of court at any time before the trial of the case commences; to provide that after commencement of a trial permission and an order of the court must be obtained before dismissal. Referred to Committee on Judiciary.
HB 1347. By Representatives Martin of the 60th and Coleman of the 118th:
A bill to amend Code Section 40-6-163 of the Official Code of Georgia Annotated, relating to the duty of driver of vehicle meeting or overtaking a school bus and reports of certain violations, so as to change certain provisions relative to the conduct of hearings and actions taken by the Department of Public Safety. Referred to Committee on Public Safety.
HB 1549. By Representative Richardson of the 52nd:
A bill to amend Code Section 31-7-261 of the Official Code of Georgia Annotated, regarding immunity from liability for criminal records checks of personal care home personnel, so as to extend that immunity to county boards of health; to change a term. Referred to Committee on Human Resources.
HB 1843. By Representatives Coleman of the 118th and Jackson of the 9th:
A bill to amend Code Section 35-2-36 of the Official Code of Georgia Annotated, relating to the composition of the battalion of the Uniform Division of the De partment of Public Safety, so as to provide that recruits or cadets of the Uniform Division shall be designated peace officers and shall have the authority of peace officers. Referred to Committee on Public Safety.
HB 1658. By Representative Walker of the 85th:
A bill to amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to property tax exemptions, so as to exempt from the return and payment of ad valorem taxes certain tangible personal property if the value of that property does not exceed $1,000.00. Referred to Committee on Governmental Operations.
HB 1688. By Representative Bray of the 91st:
A bill to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, so as to provide for the filling of a vacancy in the office of clerk of the superior court; to change the provisions relating to certain appointments by the probate judge pending the filling of cer tain vacancies. Referred to Committee on Governmental Operations.

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HB 1931. By Representative Porter of the 119th:
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 the removal from a landlord's property of a tenant's manufactured home, mobile home, trailer, or other transportable housing after the issuance of a writ of possession; to provide for fees and storage costs.
Referred to Committee on Judiciary.
HB 1952. By Representatives Murphy of the 18th, Burruss of the 20th, McDonald of the 12th, Phillips of the 120th and Lee of the 72nd:
A bill to amend Chapter 9 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Building Authority, so as to create the Agency for Re moval of Hazardous Materials to provide for the abatement and removal of as bestos and other hazardous materials from public premises.
Referred to Committee on Appropriations.
HB 1953. By Representatives Murphy of the 18th, Burruss of the 20th, McDonald of the 12th, Phillips of the 120th and Lee of the 72nd:
A bill to amend Code Section 45-9-4 of the Official Code of Georgia Annotated, relating to state liability insurance and self-insurance, so as to provide for insur ance and self-insuring liability of officers of the state for separate insurance and self-insurance in connection with abatement and removal of asbestos and other hazardous materials from state facilities.
Referred to Committee on Appropriations.
HB 1984. By Representative Reaves of the 147th:
A bill to amend Article 2 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, known as the "Georgia Food Act," so as to provide that the Commis sioner of Agriculture is authorized to promulgate and adopt rules and regulations for the labeling of beef; to provide for certification that beef has been produced without feeding, injecting, or implanting antibiotics or growth hormones in the animal.
Referred to Committee on Agriculture.
HB 1986. By Representatives Logan of the 67th and Argo of the 68th:
A bill to amend Part 1 of Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to privileged communications in general, so as to provide a privilege for information concerning veterinary care; to amend Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to inspection of public records, so as to provide that records of veterinary care shall not be open to public inspection.
Referred to Committee on Agriculture.
HB 2001. By Representatives Lucas of the 102nd, Lee of the 72nd and Smyre of the 92nd:
A bill to amend Article 5 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to aid to families with dependent children, so as to provide that all income earned by persons aged 18 or under under the Jobs Training Program Act shall not be deducted from any payments made under this article.
Referred to Committee on Human Resources.

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HB 310. By Representatives Smith of the 152nd, Aiken of the 21st, Goodwin of the 63rd, Mueller of the 126th, Holcomb of the 72nd and others:
A bill to amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, so as to enact comprehen sive provisions requiring notice to parents before abortions are performed on cer tain minors and incompetents; to provide notice requirements; to provide for cer tain judicial proceedings regarding objection to such notice. Referred to Committee on Judiciary.
HB 1074. By Representatives Logan of the 67th, Bray of the 91st and Argo of the 68th:
A bill to amend Title 21 of the O.C.G.A., relating to elections, so as to provide certain conditions under which no person shall be deemed to have gained or lost a residence by reason of such person's presence or absence; to provide for consid eration by the registrars of an applicant's expressed intent and all attendant sur rounding circumstances relating to such intent and conduct. Referred to Committee on Governmental Operations.
HR 69. By Representatives Reaves of the 147th, Long of the 142nd, Royal of the 144th, Matthews of the 145th, Moody of the 153rd and Branch of the 137th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for indemnification with respect to publicly employed emergency medical technicians who are or have been killed or perma nently disabled in the line of duty on or after January 1, 1987. Referred to Committee on Public Safety.
HR 644. By Representatives Lucas of the 102nd and Coleman of the 118th:
A resolution proposing an amendment to the Constitution so as to provide that the General Assembly shall provide by law for a program of indemnification with respect to the permanent disability of any law enforcement officer, fireman, or prison guard who was permanently disabled in the line of duty subsequent to January 1, 1977, and prior to January 1, 1979; to provide that funds may be appropriated and insurance purchased for such purpose. Referred to Committee on Public Safety.
HR 686. By Representatives McKinney of the 35th, Dean of the 29th, Thomas of the 31st, Holmes of the 28th, Greer of the 39th and others:
A resolution creating the Atlanta-Fulton County Taxation Study Commission. Referred to Committee on Rules.
HR 717. By Representatives Cummings of the 17th, Murphy of the 18th, Connell of the 87th, Wilson of the 20th, Lawler of the 20th and others:
A resolution designating the English language as the official language of the State of Georgia. Referred to Committee on Education.
HR 718. By Representatives Bolster of the 30th, Williams of the 6th, Dover of the llth and Crosby of the 150th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide a procedure for the creation of development dis tricts for the promotion of commercial development through ad valorem tax incentives. Referred to Committee on Banking and Finance.

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HR 770. By Representative Edwards of the 112th: A resolution transferring the ownership of a certain structure owned by the Geor gia Forestry Commission to the Schley County Board of Commissioners.
Referred to Committee on Public Utilities.
HB 1618. By Representative Benn of the 38th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing any municipality having a population of 150,000 or more to issue street improvement bonds subject to cer tain limitations.
Referred to Committee on Urban and County Affairs.
HB 1619. By Representative Benn of the 38th: 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 Atlanta to issue revenue bonds for the purpose of providing repairs and improvements in its water works system and sanitation system.
Referred to Committee on Urban and County Affairs.
HB 1620. By Representative Benn of the 38th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing that, upon the extension of the corporate limits of the City of Atlanta into Fulton County, the additional terri tory and school property located in the annexed area become a part of the City of Atlanta independent school system.
Referred to Committee on Urban and County Affairs.
HB 1621. By Representative Benn of the 38th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which provides that the City of Atlanta shall assume a portion of the bonded indebtedness of the Fulton County School District when territory within the school district is annexed into the city. Referred to Committee on Urban and County Affairs.
HB 1622. By Representative Benn of the 38th: 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 maximum indebted ness which may be incurred by the City of Atlanta shall be 12 percent of the total tax digest.
Referred to Committee on Urban and County Affairs.
HB 1623. By Representative Benn of the 38th:
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 Atlanta to incur bonded indebtedness without the necessity of the referendum for the purpose of constructing and repairing water and solid waste disposal systems. Referred to Committee on Urban and County Affairs.
HB 1624. By Representative Benn of the 38th:
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 ere-

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ate a new court or system of courts in each city having a population of more than 300,000 and to provide jurisdiction of such court or system of courts. Referred to Committee on Urban and County Affairs.
HB 1625. By Representative Benn of the 38th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing a procedure whereby the City of Atlanta may issue a total of $4 million in bonds in any fiscal year for school purposes without a referendum. Referred to Committee on Urban and County Affairs.
HB 1626. By Representative Benn of the 38th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing a procedure whereby the City of Atlanta may issue a total of $4 million in bonds in any fiscal year for munici pal corporate purposes without a referendum. Referred to Committee on Urban and County Affairs.
HB 1628. By Representative Benn of the 38th:
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 Atlanta to estab lish historic zones and to enact planning and zoning ordinances applicable thereto. Referred to Committee on Urban and County Affairs.
HB 1629. By Representative Benn of the 38th:
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 es tablish procedures whereby any city with a population of over 400,000 may de molish certain buildings or structures from private premises under certain condi tions at public expense. Referred to Committee on Urban and County Affairs.
HB 1630. By Representative Benn of the 38th:
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 Atlanta under certain circumstances to levy ad valorem taxes not to exceed two mills in any calendar year for the purpose of retiring revenue obligations issued by the city. Referred to Committee on Urban and County Affairs.
HB 1631. By Representative Benn of the 38th:
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 Atlanta to issue and sell revenue bonds for the construction of off-street parking facilities. Referred to Committee on Urban and County Affairs.
HB 1633. By Representative Benn of the 38th:
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 for the creation of a county-wide public library system within all counties

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having a population of 550,000 or more and to transfer the library facilities of any city located wholly or partially in the county to such system. Referred to Committee on Urban and County Affairs.
HB 1634. By Representative Couch of the 40th: A bill to amend an Act reincorporating the City of Atlanta in the Counties of Fulton and DeKalb and creating a new charter for that city, so as to authorize the city to have and be authorized to exercise all redevelopment and other pow ers authorized or granted municipalities pursuant to the "Redevelopment Powers Law," as now or hereafter amended.
Referred to Committee on Urban and County Affairs.
HB 1714. By Representative McKinney of the 35th: A bill to amend an Act creating a system of traffic courts for each city of this state having a population of more than 300,000 according to the United States decennial census of 1960 or any future such census, approved April 21, 1967, as amended, so as to create the position of senior judge of any such court.
Referred to Committee on Urban and County Affairs.
HB 1822. By Representative Coleman of the 118th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Dodge County-Eastman De velopment Authority (Res. Act No. 226).
Referred to Committee on Urban and County Affairs.
HB 1824. By Representative Coleman of the 118th: A bill to amend an Act providing a new charter for the City of Eastman, so as to extend and increase the corporate limits of the City of Eastman.
Referred to Committee on Urban and County Affairs.
HB 1854. By Representatives Bolster of the 30th, Martin of the 26th, Dean of the 29th and Holmes of the 28th: A bill to amend an Act providing for urban enterprise zones in the City of At lanta, so as to provide that urban enterprise zones may be created for commercial and industrial purposes or for residential purposes; to provide for the definitions and locations of types of urban enterprise zones.
Referred to Committee on Urban and County Affairs.
HB 1966. By Representative Chance of the 129th: A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Effingham 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 1967. By Representative Waddle of the 113th: A bill to amend an Act incorporating the City of Centerville in Houston County, so as to authorize the city to have and be authorized to exercise all redevelop ment and other powers authorized or granted municipalities pursuant to the "Redevelopment Powers Law," as now or hereafter amended, and provide for certain such powers.
Referred to Committee on Urban and County Affairs.

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HB 1968. By Representative Pannell of the 122nd: 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 the City of Savannah to establish historic zones within a des ignated area of the city.
Referred to Committee on Urban and County Affairs.
HB 1970. By Representative Murphy of the 18th:
A bill to provide the commission retained by the Haralson County tax commis sioner for collection of Haralson County school taxes shall be reduced to onequarter of 1 percent; to provide that all school taxes collected in excess of said one-quarter of 1 percent commission shall be paid over to the Haralson County board of education in the manner provided by general law. Referred to Committee on Urban and County Affairs.
HB 1971. By Representative Patten of the 149th: A bill to create the Lakeland-Lanier County Charter Commission.
Referred to Committee on Urban and County Affairs.
HB 1972. By Representative Crawford of the 5th: A bill to create a board of commissioners of Chattooga County; to provide for their election, oath, and powers and duties; to prohibit candidates for nomination or election to said board from making certain agreements and to provide for pen alties in connection therewith.
Referred to Committee on Urban and County Affairs.
HB 1973. By Representative Jackson of the 65th: 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 Walton Industrial Building Authority and the powers and functions of the authority.
Referred to Committee on Urban and County Affairs.
HB 1975. By Representatives Auten of the 156th and Ramsey of the 155th: A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Glynn 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 1978. By Representatives Cummings of the 17th and Murphy of the 18th: A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Polk County during designated registra tion 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 1980. By Representatives Hill of the 83rd and Harris of the 84th: A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Columbia 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.

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HB 1981. By Representatives Lane of the lllth and Godbee of the 110th: A bill to amend an Act creating a board of commissioners of Bulloch County, so as to change the name of the position "chairman and clerk" of the board of com missioners of Bulloch County to "chairman"; to authorize the board of commis sioners to employ a clerk and a deputy clerk; to provide for editorial revision.
Referred to Committee on Urban and County Affairs.
HB 1982. By Representatives Thomas of the 69th, Lee of the 70th and Shepard of the 71st: A bill to amend an Act relating to the board of education and school superinten dent of the Carroll County School District, so as to clarify provisions relating to the date of future elections of certain members of the board of education.
Referred to Committee on Urban and County Affairs.
HB 1983. By Representatives Thomas of the 69th, Lee of the 70th and Shepard of the 71st: A bill to amend an Act placing the clerk of the Superior Court of Carroll County on a salary basis, so as to change the compensation of the clerk of the Superior Court of Carroll County.
Referred to Committee on Urban and County Affairs.
HB 1985. By Representative Smith of the 78th: A bill to create the Butts County, City of Flovilla, City of Jackson, and City of Jenkinsburg Water and Sewer Authority.
Referred to Committee on Urban and County Affairs.
HB 1987. By Representatives Groover of the 99th, Randall of the 101st and Home of the 103rd: A bill to amend an Act providing a new charter for the City of Macon in Bibb County, so as to authorize the city to have and be authorized to exercise all rede velopment and other powers authorized or granted municipalities pursuant to the "Redevelopment Powers Law," as now or hereafter amended, and provide for certain such powers.
Referred to Committee on Urban and County Affairs.
HB 1988. By Representatives Groover of the 99th, Home of the 103rd, Lucas of the 102nd, Pinkston of the 100th and Randall of the 101st: A bill to amend an Act establishing the board of commissioners of Bibb County, so as to authorize Bibb 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," as now or hereafter amended, and provide for certain such powers.
Referred to Committee on Urban and County Affairs.
HB 1989. By Representative Sizemore of the 136th: A bill to provide for the compensation of the chairman and members of the board of education of Worth County.
Referred to Committee on Urban and County Affairs.
HB 1991. By Representative Reaves of the 147th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Brooks County Develop ment Authority (Res. Act No. 64).
Referred to Committee on Urban and County Affairs.

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HB 1993. By Representative McDonald of the 12th: A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Jackson 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 1994. By Representatives McDonald of the 12th, Dover of the llth and Jamieson of the llth: A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Banks 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 1995. By Representative McDonald of the 12th: A bill to create the Jackson County Water and Sewerage Authority.
Referred to Committee on Urban and County Affairs.
HB 1996. 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, operation, and powers of the City of Dalton Building Authority.
Referred to Committee on Urban and County Affairs.
HB 1997. By Representatives Lane of the lllth and 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 Screven 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 1998. By Representative Parrish of the 109th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Emanuel County Develop ment Authority (Res. Act No. 87).
Referred to Committee on Urban and County Affairs.
HB 1999. By Representatives Jamieson of the llth and Dover of the llth: A bill to amend an Act creating a board of commissioners of Stephens County, so as to change the compensation of the chairman and members of the board.
Referred to Committee on Urban and County Affairs.
At 6:10 o'clock P.M., the President announced the Senate adjourned pursuant to a pre viously adopted motion until 9:30 o'clock A.M. tomorrow.

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Senate Chamber, Atlanta, Georgia Thursday, February 27, 1986 Thirty-fourth Legislative Day

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

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

Senator Burton of the 5th moved that the Senate reconsider its action of Wednesday, February 26, in passing 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.

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 Bond Bowen Brannon Broun of 46th Brown of 47th Burton Cobb

Engram Fincher Garner Harris Holloway Horton Hudgins Huggins Kennedy Kidd McGill

McKenzie Perry Phillips Reddish Scott of 2nd
l ate Timmons Trulock Turner

Those not voting were Senators:

Barnes Brantley Bryant Coleman Coverdell Dawkins Deal Dean

English Foster Gillis Greene Harrison Hine Howard Land

Langford Peevy Ray Starr Stumbaugh Tolleson Tysinger Walker

On the motion, the yeas were 32, nays 0; the motion prevailed, and HB 1156 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.

THURSDAY, FEBRUARY 27, 1986

1357

The following resolutions of the Senate were introduced, read the first time and re ferred to committee:

SR 472. By Senator Kidd of the 25th:
A resolution creating the Senate Commercial Dental Laboratories Study Committee. Referred to Committee on Rules.

SR 480. By Senators Coleman of the 1st, Peevy of the 48th and Bryant of the 3rd: A resolution creating the Senate Transportation Study Committee.
Referred to Committee on Rules.

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

Mr. President:

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

HB 136. Do pass by substitute.

HB 1469. Do pass.

HB 216. Do pass. HB 1412. Do pass.

HB 1584. Do pass. HB 1784. Do pass.

Respectfully submitted,

Senator Hudgins of the 15th District, Chairman

Mr. President:

The Committee on Education has had under consideration the following bill and resolu tion of the House and Senate and has instructed me to report the same back to the Senate with the following recommendations:
SR 422. Do pass. HB 328. Do pass as amended.
Respectfully submitted,
Senator Foster of the 50th District, Chairman

Mr. President:

The Committee on Judiciary has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 1589. Do pass. HB 1751. Do pass. HB 1835. Do pass.
Respectfully submitted,
Senator Deal of the 49th District, Chairman

Mr. President:

The Committee on Public Safety has had under consideration the following bill of the

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House and has instructed me to report the same back to the Senate with the following recommendation:
HB 889. Do pass by substitute. Respectfully submitted, Senator Bowen of the 13th District, Chairman

Mr. President:

The Committee on Public Utilities has had under consideration the following resolution of the House and has instructed me to report the same back to the Senate with the follow ing recommendation:
HR 585. Do pass as amended.
Respectfully submitted,
Senator Brown of the 47th District, Chairman

Mr. President:

The Committee on Rules has had under consideraiton the following resolutions of the House and has instructed me to report the same back to the Senate with the following recommendations:
HR 794. Do pass. HR 840. 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 581. Do pass.

HB 1858. Do pass by substitute.

SB 591. Do pass.

HB 1872. Do pass.

SB 593. Do pass.

HB 1873. Do pass.

SB 595. Do pass.

HB 1880. Do pass.

SB 596. Do pass.

HB 1904. Do pass.

SB 597. Do pass.

HB 1908. Do pass.

SB 598. Do pass.

HB 1909. Do pass.

HB 1652. Do pass.

HB 1910. Do pass.

HB 1691. Do pass.

HB 1911. Do pass.

HB 1720. Do pass.

HB 1912. Do pass.

HB 1721. Do pass.

HB 1928. Do pass.

HB 1747. Do pass.

HB 1932. Do pass.

HB 1834. Do pass.

HB 1944. Do pass.

Respectfully submitted,

Senator Turner of the 8th District, Chairman

THURSDAY, FEBRUARY 27, 1986

1359

The following bills and resolutions of the Senate and House were read the second time:
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.
SR 416. By Senator Howard of the 42nd:
A resolution urging the adoption of a uniform definition for the syndrome of infantile autism.
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.
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 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 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.
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 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.

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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.
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.
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 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 reisers 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 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 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 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 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-

THURSDAY, FEBRUARY 27, 1986

1361

ers Registration Act," so as to change the provisions relating to out-of-state buyer's cards.

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.

HR 809. By Representative McDonald of the 12th:
A resolution designating the week of October 12 through 18, 1986, as Temporary Help Services Week in Georgia.

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 Cobb Coleman Deal English

Engram Fincher Garner Gillis Greene Harris Hine Holloway Horton Huggins Kennedy Kidd Land McGill

Those not answering were Senators:

Barnes Bryant Burton Coverdell Dawkins

Dean Foster Harrison Howard Hudgins

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

Senator Barker of the 18th introduced the chaplain of the day, Reverend Rastus Salter, pastor of Second Baptist Church, Warner Robins, Georgia, who offered scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 477. By Senator Hine of the 52nd:
A resolution congratulating Mrs. Annie Mae Quigg on the occasion of her nineti eth birthday.

SR 478. By Senator Garner of the 30th:
A resolution commending the Douglas High School Distributive Education Club of America.

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SR 479. By Senators Burton of the 5th, Howard of the 42nd, Tysinger of the 41st and others:
A resolution recognizing and commending J. Paul Copeland.
SR 481. By Senators Coleman of the 1st and Scott of the 2nd:
A resolution recognizing and commending the Sisters of St. Joseph of Carondelet.
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 27, 1986
THIRTY-FOURTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 581 Cobb, 28th Spalding County
Provides that certain property in homestead of each resident of 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 entirely exempt from county and county school district ad valorem taxation; provides amount of qualifica tions for said exemptions.
SB 591 Cobb, 28th Pike County
Creates Pike County Recreation Authority; authorizes such authority to ac quire, construct, equip, maintain, and operate an athletic stadium or stadi ums and the usual facilities related thereto, recreational centers and areas, and usual and convenient facilities appertaining to such undertakings.
SB 593 Baldwin, 29th City of LaGrange Troup County
Amends Act creating Downtown LaGrange Development Authority; changes limits of Downtown LaGrange District.
SB 595 McGill, 24th Wilkes County
Provides for election of members of board of education of county; provides for education districts; provides composition of board; provides for qualifica tions and residency requirements; provides for terms of office; provides for continuation in office of members of present board; provides for elections; provides for filling vacancies.
SB 596 Trulock, 10th Decatur County
Provides for composition of Board of Education of county; provides for elec tion of members of board from education districts; provides for filling vacan cies on board; provides for appointment of county school superintendent by board; provides for other matters relative to foregoing; provides for referen dum.

THURSDAY, FEBRUARY 27, 1986

1363

SB 597 Reddish, 6th Wayne County
Amends Act placing tax commissioner of county on salary basis in lieu of fee basis; changes compensation of that tax commissioner; deletes certain provi sions regarding employees needed in the issuing of license plates; provides an effective date.

SB 598 Dean, 31st Polk County
Amends Act creating office of tax commissioner of county; changes compen sation of tax commissioner; provides an effective date.

HB 1652 Barker, 18th Houston County
Continues amendment which limits power of county and Houston County School District to impose, levy, collect, and receive ad valorem taxes.

HB 1691 Barnes, 33rd City of Austell Cobb County
Continues amendment authorizing city to grant a discount from ad valorem taxes levied by city for prompt payment of such taxes.

HB 1720 Deal, 49th Brantley, 56th Forsyth County
Amends Act creating Board of Commissioners of county; changes provisions relating to expense allowance of chairman and members of board.

HB 1721 Deal, 49th Brantley, 56th Forsyth County
Continues amendment which was proposed by Res. 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 county.

HB 1747 Cobb, 28th City of Griffin Spalding County
Continues amendment which was proposed by Res. Act No. 263 and which creates Griffin Development Authority.

HB 1834 Harris, 27th Upson County
Places clerk of Superior Court of county upon an annual salary in lieu of fee system of compensation; provides for personnel within clerk's office; provides for budgets; provides for arbitration fees.

*HB 1858

Peevy, 48th Phillips, 9th Gwinnett County
Amends Act to continue and re-create State Court of county; changes com pensation of judges of State Court. (SUBSTITUTE)

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HB 1872 Deal, 49th Brantley, 56th Forsyth County Repeals the "Forsyth County Water and Sewerage Authority Act"; abolishes the Forsyth County Water and Sewerage Authority; provides that Forsyth County shall be the successor in interest to the authority and shall succeed to all rights and obligations of authority.
HB 1873 Deal, 49th Brantley, 56th Forsyth County Amends Act creating Etowah-Forsyth Water Authority; changes method of appointment of members of authority.
HB 1880 Kennedy, 4th Candler County Creates the Metter-Candler County Airport Authority.
HB 1904 Kennedy, 4th City of Statesboro Bulloch County
Continues amendment which was proposed by Res. Act No. 39 and which provides for establishment of a Downtown Statesboro Development Author ity.
HB 1908 Dean, 31st Haralson County Amends Act known as the "Haralson County Water Authority Act,"; changes number of and selection of members of the Authority; provides for certain members of the Authority to cease to serve on the Authority.
HB 1909 Broun, 46th Brown, 47th Jackson County Continues amendment which relates to election of members of Board of Edu cation of county and to the appointment of school superintendent of county.
HB 1910 Broun, 46th Brown, 47th Jackson County Continues amendment creating the West Jackson Fire District.
HB 1911 Broun, 46th Brown, 47th Jackson County
Continues amendment creating Jackson County Industrial Development Au thority.
HB 1912 Broun, 46th Brown, 47th Jackson County
Continues amendment which relates to providing authority for Georgia Bu reau of Investigation to exercise certain law enforcement powers within county.

THURSDAY, FEBRUARY 27, 1986

1365

HB 1928 Barker, 18th Houston County Continues amendment which imposes a local sales and use tax to the Hous ton County School System only if the power of said school system to levy ad valorem taxes is limited by another constitutional amendment.
HB 1932 Broun, 46th City of Commerce Jackson County Amends Act incorporating city; identifies corporate limits by map reference; names city manager as budget officer; amends requirements of city manager; provides that maximum tax to be levied for school purposes shall be the same as provided for by general law.
HB 1944 McKenzie, 14th Peach County Creates Peach County Water and Sewerage Authority.
The amendment and substitute to the following bills were put upon their adoption:
SB 596:
Senator Trulock of the 10th offered the following amendment:
Amend SB 596 by adding on Page 13, line 10, after the word "Decatur" the word "County".
On the adoption of the amendment, the yeas were 42, nays 0, and the amendment was adopted.
*HB 1858:
The Senate Committee on Urban and County Affairs offered the following substitute to HB 1858:
A BILL
To be entitled an Act to amend an Act to continue and re-create the State Court of Gwinnett County, approved March 23, 1977 (Ga. L. 1977, p. 3331), as amended, so as to change the compensation of the judges of the state court; to change the compensation of the solicitor; 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 to continue and re-create the State Court of Gwinnett County, ap proved March 23, 1977 (Ga. L. 1977, p. 3331), as amended, is amended by striking in its entirety subsection (c) of Section 13, which reads as follows:
"(c) Each of the judges shall be paid a salary of $48,000.00 per annum, payable monthly out of the treasury of Gwinnett County by the officers of said county authorized to pay out the funds of said county. The salary of such judges shall be an expense of said court.",
and inserting in its place a new subsection (c) to read as follows:
"(c) Each of the judges shall be paid an annual salary equal to the sum of 90 percent of the annual salary of a judge of superior court, as paid by the state, plus 90 percent of the annual amount of any supplement paid by the governing authority of Gwinnett County to a judge of the superior court. Such salary shall be payable in equal monthly installments out

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of the treasury of Gwinnett County by the officers of said county authorized to pay out the funds of said county. The salary of such judges shall be an expense of said court."
Section 2. Said Act is further amended by striking in its entirety subsection (c) of Sec tion 14, which reads as follows:
"(c) The solicitor shall be paid an annual salary of $30,000.00, payable in equal monthly installments from Gwinnett County funds. The salary of the solicitor shall be an expense of the court. Said salary shall be increased by 3 percent on January 1, 1982, and by an addi tional 3 percent of the previous year's salary on January 1 of each year thereafter.",
and inserting in its place a new subsection (c) to read as follows:
"(c) The solicitor shall be paid an annual salary equal to the sum of 90 percent of the annual salary of a district attorney, as paid by the state, plus 90 percent of the annual amount of any supplement paid by the governing authority of Gwinnett County to the dis trict attorney of the Gwinnett Judicial Circuit. Such salary shall be payable in equal monthly installments out of the treasury of Gwinnett County by the officers of said county authorized to pay out the funds of the county. The salary of the solicitor shall be an expense of the court."
Section 3. This Act shall become effective on January 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 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 as amended.

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 Coleman Deal

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

Land McGill McKenzie Peevy Perry Phillips Ray Scott of 36th Tate Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Barnes
Cobb Coverdell Dawkins
Dean

Fincher
Holloway Howard Langford
Reddish

Scott of 2nd Starr
Stumbaugh Trulock

On the passage of all the local bills, the yeas were 42, nays 0.

THURSDAY, FEBRUARY 27, 1986

1367

All the bills on the Senate Local Consent Calendar, except SB 596 and HB 1858, having received the requisite constitutional majority, were passed.
SB 596, having received the requisite constitutional majority, was passed as amended.
HB 1858, having received the requisite constitutional majority, was passed by substitute.
The following resolution of the Senate was read and adopted:
SR 476. By Senator Ray of the 19th: A resolution honoring the Wilcox County High School "Patriots".
Senator Ray of the 19th introduced the Wilcox County High School football team.
SENATE RULES CALENDAR Thursday, February 27, 1986
THIRTY-FOURTH LEGISLATIVE DAY HB 181 Certain Representative Districts--change composition (Gov Op--43rd) HB 1352 Living Wills--certain form (SUBSTITUTE) (J&CL--26th) HB 850 Occupational Regulation Review Law--create (SUBSTITUTE) (Gov Op--25th) HB 1653 Legislative Educational Research Council--abolish (Ed--50th) HB 1561 Hearings Before Disciplinary Tribunal--certain children not subject to
(Ed--34th) HR 690 Henry L. Reaves Arena--designate (Ag--8th) HB 1550 State Auditor--change salary (SUBSTITUTES) (AMENDMENTS) (Gov
Op--25th) HB 1662 School Bus Drivers--change provisions on minimum salary (AMENDMENT)
Ed--45th) HB 1446 Service Cancelable Education Loans--eligibility requirements for National
Guard (D&VA--3rd) HB 1325 Hunting Wildlife in Parks, Historic Sites, Recreational Areas--permitted with
certain written permission (Nat R--7th) HB 1581 Firemen, Policemen, Prison Guards Indemnification--redefine "firemen" (Pub
Saf--llth) HB 1321 Emission Inspection Stations--may charge fee between $5.00 and $10.00 (SUB
STITUTE) (Trans--27th) HB 555 Certain Trucks, Truck Tractors--name of owner on each side (Trans--7th) HB 1320 Resisting Policeman in Discharge of Duty--felony (Pub Saf--8th) HB 1286 Financial Disclosure--include General Assembly members (SUBSTITUTE) (Gov
Op--52nd) HB 1186 Torts, Civil Justice Reform--amend Code (SUBSTITUTE) (Judy--52nd) HB 1169 Securities--sanctions against dealers for specified misconduct (J&CL--52nd) HB 1594 Certain Surplus Line, Corporation Surety Insurers--homeowner warranty agree
ment (AMENDMENT) (Ins--49th) HB 788 State Employment--define "interdepartmental transfer" (AMENDMENT) (Gov
Op--30th) HR 470 Georgia Bureau of Investigation Headquarters--designate as Phil Peters Build
ing (Pub Saf--45th)

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JOURNAL OF THE SENATE

HB 1211 Adoption--when surrender of parental rights not required (SUBSTITUTE) (C&Y--33rd)
HB 1748 Health Maintenance Organization--domestic corporation may apply to operate (Ins--55th)
HB 1693 School Employees--maintain health insurance by paying total premium (Ins--55th)
HB 1261 Child Criminal Records Checks--authorize for supervisory persons (C&Y--33rd)
HB 466 Law Enforcement Vehicles--change provisions on marking (Pub Saf--7th)
HB 1156 Stone Mountain Judicial Circuit--additional judge (Judy--5th)
Respectfully submitted,
/s/ Holloway of the 12th, Chairman Senate Rules Committee

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

HB 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.
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
Bond Bowen B/annon
RBnBBrrroowunntooffff 4A4A6n7t^tthh, Burton Cobb Coleman Dawkins Deal English

Engram Foster Garner
Gillis Greene Harris
HH,,.marerison Holloway Horton Hudgins Huggins Kennedy Kidd Land

McGill McKenzie Peevy
Perry Phillips Ray
RS0S~cceoodttdttisooh,ff. 23,,n6dt,h, Tate Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Barker Barnes Coverdell Dean

Fincher Howard Langford

Starr Stumbaugh Trulock

THURSDAY, FEBRUARY 27, 1986

1369

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

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

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.
Senate Sponsor: Senator Greene of the 26th.

The Senate Committee on Judiciary and Constitutional Law offered the following sub stitute to HB 1352:

A BILL
To be entitled an Act to amend Chapter 32 of Title 31 of the Official Code of Georgia Annotated, relating to living wills, so as to provide that 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 provide for other matters related to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 32 of Title 31 of the Official Code of Georgia Annotated, relating to living wills, is amended by striking the introductory language in subsection (b) of Code Section 31-32-3, relating to the execution, number of witnesses, and form of a living will, in its entirety and substituting in lieu thereof new introductory language in subsection (b) to read as follows:
"(b) The declaration shall be a document, separate and self-contained, and in substan tially the following form:".
Section 2. Said chapter is further amended by striking Code Section 31-32-6, relating to the period of effectiveness of a living will, in its entirety and substituting in lieu thereof a new Code Section 31-32-6 to read as follows:
"31-32-6. A living will shall be effective from the date of execution thereof unless re voked in a manner prescribed in Code Section 31-32-5."
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 Bond Bowen Brannon

Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Dawkins Deal

Dean Engram Foster Garner Gillis Greene Harrison Hine

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JOURNAL OF THE SENATE

Holloway Horton " ud S.ins KHuengngmedsy
Kidd
Land

McGill McKenzie Peevv PPherilrlyips
Reddish
Scott of 36th

Stumbaugh Tate Timmons ,,T,ol.l.eson
Trulock
Turner

Voting in the negative was Senator Burton.

Those not voting were Senators:

Coverdell English
Fincher Harris

Howard Langford
Ray Scott of 2nd

Starr Tysinger Walker

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

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

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.
Senate Sponsor: Senator Kidd of the 25th.

The Senate Committee on Governmental Operations offered the following substitute to HB 850:

A BILL
To be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for the review of all proposed legisla tion licensing or certifying a business or a profession not currently licensed or certified by the state; to provide for a short title; to provide for legislative purpose; to provide for defini tions; to provide for the Georgia Occupational Regulation Review Council and its composi tion, duties, and functions; to provide procedures for review of certain proposed legislation; to provide for criteria for review; to provide for factors to be considered in determining the need for regulation; to require explanations regarding certain factors; to provide for recom mended methods of regulation; to provide for construction; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by adding immediately following Chapter 1 thereof a new Chap ter 1A to read as follows:
"CHAPTER 1A
43-1A-1. This chapter shall be known and may be cited as the 'Georgia Occupational Regulation Review Law.'
43-1A-2. The General Assembly finds that the need for and the effectiveness of estab lishing occupational licensure and certification in this state has not been systematically eval uated. It is the purpose of this chapter to ensure that no programs of licensure and certifica-

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tion shall hereafter be imposed upon any profession or business unless required for the safety and well-being of the citizens of the state.
43-1A-3. As used in this chapter, the term:
(1) 'Applicant group' means any business or professional group or organization, any individual, or any other interested party which proposes that any business or professional group not presently regulated be regulated by the state.
(2) 'Certificate' or 'certification' means a voluntary process by which a statutory regula tory entity grants recognition to an individual who has met certain prerequisite qualifica tions specified by that regulatory entity and who may assume or use 'certified' in the title or designation to perform prescribed occupational tasks.
(3) 'Council' means the Georgia Occupational Regulation Review Council created by Code Section 43-1A-4.
(4) 'Grandfather clause' means a provision in a regulatory statute applicable to individ uals engaged in the regulated business or profession prior to the effective date of the regula tory statute which exempts the individuals from meeting prerequisite qualifications set forth in the regulatory statute to perform prescribed occupational tasks.
(5) 'Legislative committee of reference' means the standing legislative committee desig nated by the Speaker of the House of Representatives or the President of the Senate to consider proposed legislation to regulate any business or occupation not previously regulated.
(6) 'License,' 'licensing,' or 'licensure' means authorization to engage in a business or profession which would otherwise be unlawful in the state in the absence of authorization. A license is granted to those individuals who meet prerequisite qualifications to perform pre scribed business or professional tasks and for the use of a particular title.
(7) 'Regulate' or 'regulation' means the process of licensure or certification as defined in this Code section.
(8) 'Regulatory entity' means any state agency which regulates one or more professions, occupations, industries, businesses, or other endeavors in this state.
(9) 'State agency' means each state board, bureau, commission, department, division, office, or other separate unit of state government created or established by law.
43-1A-4. (a) There is created the Georgia Occupational Regulation Review Council.
(b) The council shall consist of eight members:
(1) The Secretary of State or his designee;
(2) The director of the Office of Planning and Budget or his designee;
(3) The chairman of the Senate Committee on Natural Resources;
(4) The chairman of the Senate Committee on Governmental Operations;
(5) The chairman of the Senate Committee on Human Resources;
(6) The chairman of the House Committee on Health and Ecology;
(7) The chairman of the House Committee on State of Republic; and
(8) The chairman of the House Committee on Natural Resources and Environment.
(c) The director of the Office of Planning and Budget or his designee shall serve as chairperson of the council.
43-1A-5. (a) It shall be the duty of the council to review all bills introduced in the General Assembly to license or certify a profession or business, which is not currently li censed or certified by the state, based on the criteria outlined in Code Section 43-1A-6.

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(b) The legislative committee of reference shall formally notify the council of any pro posed legislation intending to license or certify a business or profession not currently li censed or certified by the state. Within a period of time not to exceed nine months from the date of notification by the legislative committee of such legislation, but in no event later than the convening date of the next succeeding regular session of the General Assembly, the council shall provide a formal report, evaluating the need to regulate the business or profes sion based on the factors and information provided under Code Section 43-1A-7, to the chairperson of the legislative committee of reference, the presiding officers of the House of Representatives and the Senate, and the legislative counsel. If the council determines a need for regulation, the report shall recommend an appropriate type of regulation and an appro priate state agency to oversee the regulation.
(c) The council shall work with the applicant group, the legislative committee of refer ence, and other interested parties in formulating its formal report.
43-1A-6. All bills introduced in the General Assembly to newly regulate a profession or business should be reviewed according to the following criteria. In evaluating whether a profession or business shall hereafter be regulated, the following factors shall be considered:
(1) Whether the unregulated practice of an occupation may harm or endanger the health, safety, and welfare of citizens of the state and whether the potential for harm is recognizable and not remote;
(2) Whether the practice of an occupation requires specialized skill or training and whether the public needs and will benefit by assurances of initial and continuing occupa tional ability;
(3) Whether the citizens of this state are or may be effectively protected by other means; and
(4) Whether the overall cost-effectiveness and economic impact would be positive for citizens of the state.
43-1A-7. After July 1, 1986, applicant groups and other interested parties shall explain in writing each of the following factors to the extent requested by the council and the legis lative committee of reference:
(1) A definition of the problem and why regulation is necessary:
(A) The nature of the potential harm to the public if the business or profession is not regulated, and the extent to which there is a threat to public health and safety; and
(B) The extent to which consumers need and will benefit from a method of regulation identifying competent individuals engaged in the business or profession;
(2) The efforts made to address the problem:
(A) Voluntary efforts, if any, by members of the business or profession to establish a code of ethics or help resolve disputes between the business or professional group and con sumers; and
(B) Recourse to and the extent of use of applicable law and whether it could be strengthened to control the problem;
(3) The alternatives considered:
(A) Regulation of business or professional employers rather than employees;
(B) Regulation of the program or service rather than the individuals;
(C) Registration of all individuals;
(D) Certification of all individuals;
(E) Other alternatives;
(F) Why the use of the alternatives specified in this paragraph would not be adequate to protect the public interest; and

THURSDAY, FEBRUARY 27, 1986

1373

(G) Why licensure would serve to protect the public interest;
(4) The benefit to the public if regulation is granted:
(A) The extent to which the incidence of specific problems present in the unregulated business or profession can reasonably be expected to be reduced by regulation;
(B) Whether the public can identify qualified individuals;
(C) The extent to which the public can be confident that regulated individuals are competent:
(i) Whether the proposed regulatory entity would be a board composed of members of the profession and public members, or a state agency, or both and, if appropriate, their respective responsibilities in administering the system of certification or licensure, including the composition of the board; the powers and duties of the board or state agency regarding examinations, investigations, and the disciplining of certified or licensed individuals; the promulgation of rules and a code of ethics; and how fees would be levied and collected to cover the expenses of administering and operating the regulatory system;
(ii) If there is a grandfather clause, whether such individuals will be required to meet the prerequisite qualifications established by the regulatory entity at a later date;
(iii) The nature of the standards proposed for certification or licensure as compared with the standards of other jurisdictions;
(iv) Whether the regulatory entity would be authorized to enter into reciprocity agree ments with other jurisdictions; and
(v) The nature and duration of any training and whether applicants will be required to pass an examination; and, if an examination is required, by whom it will be developed and how the cost of development will be met; and
(D) Assurance to the public that regulated individuals have maintained their competence:
(i) Whether the certification or license will carry an expiration date; and
(ii) Whether renewal will be based only upon payment of a fee or whether renewal will involve reexamination, satisfactory completion of continuing education, peer review, or other enforcement;
(5) The extent to which regulation might harm the public:
(A) The extent to which regulation might restrict entry into the business or profession and whether the proposed standards are more restrictive than necessary to ensure safe and effective performance; and
(B) Whether there are similar professions to that of the applicant group which should be included in, or portions of the applicant group which should be excluded from, the pro posed legislation;
(6) A description of the group proposed for regulation, including a list of associations, organizations, and other groups representing the business or profession in this state, an esti mate of the number of individuals in each group, and whether the groups represent different levels of business or professional activity;
(7) The expected cost of regulation:
(A) The impact regulation might have on the costs of service to the public;
(B) The impact regulation might have on various types of insurance; and
(C) The initial and long-term cost to the state and to the general public of implement ing the proposed legislation; and
(8) Any additional information requested by the council or the legislative committee of reference.

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43-1A-8. After evaluating the report of the council and any other desired information based on the criteria outlined in Code Section 43-1A-6 and considering governmental and societal costs and benefits, if the General Assembly finds that it is necessary to regulate a business or profession not previously regulated by law, the most appropriate alternative method of regulation should be implemented, consistent with the public interest and this Code section:
(1) Where the consumer may have a substantial basis for relying on the services of a profession or business, a system of certification should be implemented;
(2) Where apparent that adequate regulation cannot be achieved by means other than licensing, a system of licensing should be implemented; or
(3) Where regulation as defined in this chapter is deemed too restrictive and unneces sary to protect the public health and welfare, a less restrictive means of ensuring public protection, including but not limited to stricter civil action or criminal penalties, inspection requirements, or a system of registration, may be considered.
43-1A-9. Nothing in this chapter shall be construed to limit the authority of the Gen eral Assembly to legislate as authorized by the Constitution."
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 3, 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 Barker Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Deal Dean English

Fincher Foster Gillis Hine Holloway Horton Hudgins Huggins Kennedy Kidd Land

Those voting in the negative were Senators:

McGill McKenzie Peevy Perry Phillips Reddish Starr Stumbaugh Tate Turner Walker

Allgood Baldwin Brannon Burton Cobb

Dawkins Engram Garner Greene Harris

Those not voting were Senators:

Harrison Langford Scott of 36th Tolleson Tysinger

Bryant Coleman Coverdell

Howard Ray Scott of 2nd

Timmons Trulock

THURSDAY, FEBRUARY 27, 1986

1375

On the passage of the bill, the yeas were 33, nays 15.

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

Senator Cobb of the 28th gave notice that, at the proper time, he would move that the Senate reconsider its action in passing HB 850.

Senator Cobb of the 28th introduced a group of Volunteers of the American Cancer Society who were commended by SR 391, adopted previously.

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

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.
Senate Sponsor: Senator Foster of the 50th.

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

On the passage 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 4, c6*thu BBruorwtonn of 47th
Cobb Coleman Coverdell Dawkins Deal Dean

English Engram Foster Garner Gillis Harris
2HianrneSOn HHoolwloawrday
Hudgins Kennedy Kidd Land Langford McGill

Peevy Perry Phillips Ray Reddish Scott of 2nd
So<. =ott of 36th *Srtuamrrb, augh,
late Timmons Tolleson Trulock Tysinger Walker

Those not voting were Senators:

Barker Brantley Bryant

Fincher Greene Horton

Huggins McKenzie Turner

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

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

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-

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

Engram Fincher Foster Garner Gillis Harris Harrison Hine Holloway Howard Hudgins Kennedy Kidd Land Langford McGill

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

Those not voting were Senators:

Barker Bryant Cobb

Coverdell Greene Horton

Huggins Ray

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

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

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".
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 Bowen Brannon Brantley Broun of 46th

Brown of 47th Bryant Burton Coleman Coverdell

THURSDAY, FEBRUARY 27, 1986

1377

Dawkins Deal Dean English
EngTM"1 FrGQiianlrlcinsheerr Harris Harrison Hine Holloway Howard

Hudgins Huggins Kennedy Kidd
Land LTMacnGgi.fc.lol rd, McKenzie p eevy Perry Phillips Ray

Those not voting were Senators:

Reddish Scott of 2nd Scott of 36th Starr
Stumbaugh ,,T,at. e Timmons Tolleson Trulock Turner Tysinger Walker

Cobb Foster

Greene

Horton

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

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

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

HB 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.

Senator Dawkins of the 45th moved that the Senate adhere to the Senate substitute to HB 1146, and that a Conference Committee be appointed.

On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 1146.

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

Senators Dawkins of the 45th, Peevy of the 48th and Greene of the 26th.

Senator Broun of the 46th introduced Honorable Lauren M. Coile, Mayor of the City of Athens, Georgia, who is currently President of the Georgia Municipal Association, and was commended by SR 413, adopted previously.

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The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:
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.
Senate Sponsor: Senator Kidd of the 25th.
The Senate Committee on Governmental Operations offered the following substitute to HB 1550:
A BILL
To be entitled an Act to amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries and allowances of certain state officials, so as to change the salaries of certain state officials; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries and allowances of certain state officials, is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The annual salary of each of the state officials listed below shall be as follows:
(1) Governor .....................................................$ 60,000.00
An allowance in an amount specified in the appropriations Act shall also be provided for the operation of the Governor's mansion.
(2) Lieutenant Governor ........................................... 45,000.00
(3) Adjutant general
The adjutant general shall continue to receive the pay and allowances under the same procedure as provided by law.
(4) Commissioner of Agriculture .................................... 62,000.00
(5) Attorney General .............................................. 62,000.00
(6) State auditor .................................................. 62,000.00
(7) Commissioner of Insurance ..................................... 62,000.00
(8) Commissioner of corrections .................................... 58,500.00
(9) Commissioner of Labor......................................... 62,000.00
The above amount of salary for the Commissioner of Labor shall in clude any compensation received from the United States govern ment and the amount of state funds paid shall be reduced by the amount of compensation received from the United States govern ment.
(10) Each member of the State Board of Pardons and Paroles ......... 58,000.00
(11) Each member of the Public Service Commission .................. 58,000.00
(12) State revenue commissioner .................................... 62,000.00
(13) State School Superintendent.................................... 62,000.00
(14) Secretary of State ............................................. 62,000.00

THURSDAY, FEBRUARY 27, 1986

1379

(15) Commissioner of veterans service................................ 58,500.00
The above amount of salary for the commissioner of veterans service shall include any compensation received from the United States government and the amount of state funds paid shall be reduced by the amount of compensation received from the United States government.
(16) Commissioner of banking and finance ........................... 62,000.00
(17) Commissioner of administrative services ......................... 58,500.00
(17.1) Chairman of the State Board of Workers' Compensation .......... 58,000.00
(17.2) Each member of the State Board of Workers' Compensation other than the chairman ........................................... 56,000.00
(18) Each Justice of the Supreme Court ............................. 63,700.00
(19) Each Judge of the Court of Appeals ............................. 63,210.00
(20) Each superior court judge ...................................... 54,500.00
Each superior court judge shall also receive any supplement paid to him by the county or counties of his judicial circuit as may be pro vided for by law. Each superior court judge shall also receive reim bursement of travel expenses as provided by law.
(21) Each district attorney .......................................... 48,000.00
Each district attorney shall also receive any supplement paid to him by the county or counties of his judicial circuit as may be provided for by law. Each district attorney shall also receive reimbursement of travel expenses as provided by law.
(22) Each member of the General Assembly .......................... 7,200.00
Each member of the General Assembly shall also receive the al lowances provided by law. The amount of the daily expense allow ance which each member is entitled to receive under the provisions of Code Section 28-1-8 shall be $59.00. The mileage allowance for the use of a personal car on official business shall be the same as that received by other state officials and employees.
In addition to any other compensation and allowances authorized for members of the General Assembly, each member shall be reim bursed for actual expenses incurred in the performance of duties within the state as a member of the General Assembly in an amount not to exceed $4,800.00 per year. For the purposes of this paragraph, a year shall begin on the convening date of the General Assembly in regular session each year and end on the day prior to the convening of the General Assembly in the next calendar year. Expenses shall be limited to one or more of the following purposes: per diem differential, lodging, meals, office equipment, postage, personal services, printing and publications, rents, supplies, tele communications, transportation, and utilities. No reimbursement shall be made for any postage which is used for a political newslet ter. Per diem differential shall be the difference between the daily expense allowance authorized for members of the General Assem bly and the federal per diem rate in effect for the state capital as specified by the General Services Administration. Such expenses shall be reimbursed upon the submission of sworn vouchers to the legislative fiscal office. Such sworn vouchers shall be accompanied by a supporting document or documents showing payment for each

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expense claimed or an explanation of the absence of such documen tation. No supporting document or documents shall be required for any expense under $25.00, for the per diem differential, or for the mileage allowance for use of a personal car. Any voucher for any expense incurred in any year as defined in this paragraph shall be submitted no later than the fifteenth of April immediately follow ing the end of such year. No reimbursement shall be made on any voucher submitted after that date. No reimbursement shall be paid for lodging or meals for any day for which a member receives the daily expense allowance as provided in this paragraph (22). Any former member of the General Assembly may be reimbursed for expenses incurred while a member of the General Assembly upon compliance with the provisions of this paragraph. The Legislative Services Committee is empowered to provide such procedures as it deems advisable to administer the provisions of this paragraph in cluding, but not limited to, definitions of the above list of items for which reimbursement may be made and the form of the voucher which must be submitted to the legislative fiscal office. In the event of any disagreement as to whether any reimbursement shall be made, the Legislative Services Committee shall make the final de termination. In the event any reimbursement is made and it is later determined that such reimbursement was made in error, the person to whom such reimbursement was made shall remit to the legisla tive fiscal office the amount of money involved. In the event any such person refuses to make such remittance, the legislative fiscal office is authorized to withhold the payment of any other moneys to which such person is entitled until the amount of such reim bursement which was made in error shall be realized.
(23) Speaker of the House of Representatives......................... 17,800.00
The Speaker of the House of Representatives shall also receive the salary and allowances authorized as a member of the General As sembly. Upon the taking of office by the members of the General Assembly on the convening day of the regular session of the Gen eral Assembly in 1983, the annual salary of the Speaker of the House of Representatives shall become $22,800.00. After such date, the Speaker shall also receive as additional salary a sum equal to the amount of salary over $30,000.00 per annum which is received by the Lieutenant Governor as of that date or thereafter; and the salary of the Speaker shall be adjusted at the beginning of each term so as to include such additional sum.
(24) President Pro Tempore of the Senate ........................... 2,800.00
The President Pro Tempore of the Senate shall also receive the sal ary and allowances authorized as a member of the General Assem bly.
(25) Speaker Pro Tempore of the House of Representatives ............ 2,800.00
The Speaker Pro Tempore of the House of Representatives shall also receive the salary and allowances authorized as a member of the General Assembly."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

THURSDAY, FEBRUARY 27, 1986

1381

Senators Barnes of the 33rd, Dean of the 31st and Trulock of the 10th offered the following amendment:
Amend the substitute to HB 1550 offered by the Senate Committee on Governmental Operations by striking on line 42 of Page 2 the following:
"58,500.00",
and inserting in lieu thereof the following:
"62,000.00".
On the adoption of the amendment, the yeas were 35, nays 0, and the amendment was adopted.
Senators Garner of the 30th, Engram of the 34th, Langford of the 35th and others, offered the following amendment:
Amend the substitute to HB 1550 offered by the Senate Committee on Governmental Operations by striking line 3 of Page 2 and inserting in lieu thereof the following:
"(8) Commissioner of corrections .................................................. 62,000.00".
On the adoption of the amendment, the yeas were 38, nays 0, and the amendment was adopted.
Senator Allgood of the 22nd offered the following amendment:
Amend the substitute to HB 1550 offered by the Senate Committee on Governmental Operations by striking lines 20 and 21 of Page 2 and inserting in lieu thereof the following:
"(11) Each member of the Public Service Commission .......................................... 62,000.00".
On the adoption of the amendment, the yeas were 33, nays 0, and the amendment was adopted.
Senator Kidd of the 25th offered the following substitute to HB 1550:
A BILL
To be entitled an Act to amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries and allowances of certain state officials, so as to change the salaries of certain state officials; to provide for the nonapplication of cost-ofliving increases for Fiscal Year 1987; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries and allowances of certain state officials, is amended by striking in their en tirety paragraphs (4), (6), (7), (12), (14), and (16) of subsection (a) and inserting in lieu thereof new paragraphs (4), (6), (7), (12), (14), and (16) to read as follows:

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"(4) Commissioner of Agriculture ................................. 62,000.00" "(6) State auditor ............................................... 62,000.00" "(7) Commissioner of Insurance .................................. 62,000.00" "(12) State revenue commissioner.................................. 62,000.00" "(14) Secretary of State .......................................... 62,000.00" "(16) Commissioner of banking and finance......................... 62,000.00"
Section 2. The salaries provided for in Section 1 of this Act for the Commissioner of Agriculture, state auditor, Commissioner of Insurance, state revenue commissioner, Secre tary of State, and commissioner of banking and finance shall not be increased by the costof-living adjustment granted to state employees for Fiscal Year 1987.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Senators Barnes of the 33rd, Dean of the 31st and Trulock of the 10th offered the following amendment:
Amend the substitute to HB 1550 offered by Senator Kidd of the 25th by striking on lines 12 and 13 of Page 1 the following:
"and (16)", and inserting in lieu thereof in each place the following:
"(16), and (17)". By adding between lines 24 and 25 of Page 1 the following: "(17) Commissioner of
Administrative Services ....................................... 62,000.00". By adding after the second comma on line 28 of Page 1 the following: "Commissioner of administrative services".
On the adoption of the amendment, the yeas were 35, nays 0, and the amendment was adopted.
Senator Garner of the 30th offered the following amendment:
Amend the substitute to HB 1550 offered by Senator Kidd of the 25th as follows: By adding on Page 1, lines 11 and 13, after the "(7)" the following: "(8),";
and By adding on Page 1, between lines 19 and 20, the following: "(8) Commissioner of Corrections ................................... $62,000.00";
and By adding on Page 1, line 27 after the word "Insurance," the following: "Commissioner of Corrections,".
On the adoption of the amendment, the yeas were 37, nays 0, and the amendment was adopted.

THURSDAY, FEBRUARY 27, 1986

1383

Senator Allgood of the 22nd offered the following amendment:

Amend the substitute to HB 1550 offered by Senator Kidd of the 25th by adding, fol lowing "(7)" on line 11 of Page 1 and line 13 of Page 1, the following:
", (ID".

By adding between lines 19 and 20 of Page 1, the following:
" '(11) Each member of the Public Service Commission ................................. 62,000,00' ".
By striking line 28 of Page 1 and inserting in lieu thereof the following:
"commissioner, members of the Public Service Commission, Secretary of State, and commissioner of.

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

On the adoption of the substitute to HB 1550 offered by the Senate Committee on Governmental Operations, the yeas were 0, nays 32, and the substitute was lost.

On the adoption of the substitute offered by Senator Kidd of the 25th, the yeas were 35, nays 2, 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 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 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 Huggins Kennedy Kidd Langford

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

Those voting in the negative were Senators:

Barker Hudgins

Land

Perry

Those not voting were Senators Cobb and Scott of the 36th.

On the passage of the bill, the yeas were 50, nays 4.

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

Senator Harrison of the 37th introduced the doctor of the day, Dr. Rick Hammesfahr, of Marietta, Georgia.

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

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.
Senate Sponsor: Senator Dawkins of the 45th.

Senators Dawkins of the 45th and Foster of the 50th offered the following amendment:

Amend HB 1662 by striking from line 18 on Page 1 the following: "386.50", and inserting in lieu thereof the following: "402.00".

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

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

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

Those voting in the affirmative were Senators:

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 Horton Howard Hudgins Huggins Kennedy Kidd

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

Those not voting were Senators:

Cobb Holloway

Ray Scott of 36th

Trulock

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

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

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

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

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

Those not voting were Senators:

Barker Bond Cobb

Deal Hine Hudgins

McKenzie
Ray
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.

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.
Senate Sponsor: Senator Perry of the 7th.

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

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Barker Bond Cobb Coverdell

Deal Engram Garner Hine

McKenzie Scott of 36th Tolleson Trulock

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

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

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".
Senate Sponsor: Senator Timmons of the llth.

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

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

Those voting in the affirmative were Senators:

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

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Horton Howard Hudgins Hugging Kennedy Kidd Land Langford

McGill McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd

Starr Stumbaugh Tate Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Barker Bond

Cobb Scott of 36th

Trulock

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

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

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.
Senate Sponsor: Senator Harris of the 27th.

The Senate Committee on Transportation offered the following substitute to HB 1321:

A BILL
To be entitled an Act to amend Code Section 40-8-159 of the Official Code of Georgia Annotated, relating to the certification of motor vehicle emission inspection stations, so as to change the provisions relating to the fee which may be charged for an emission inspec tion; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 40-8-159 of the Official Code of Georgia Annotated, relating to the certification of motor vehicle emission inspection stations, is amended by striking para graph (3) of subsection (d) in its entirety and substituting in lieu thereof a new paragraph (3) to read as follows:
"(3) A fee of $10.00 shall be charged by each emission inspection station for perform ance of the emission inspection and emission control equipment inspection required by this part. Such fee does not include any required maintenance. The station shall be required to remit to the commissioner an administrative fee of 504:, one-half of which shall be a county administrative fee, for each certificate of emission inspection issued, and the commissioner shall remit quarterly the county portion of such administrative fees to the county governing authorities of the counties wherein the inspections were performed;".
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senators Coverdell of the 40th and Bond of the 39th offered the following amendment:

Amend the substitute to HB 1321 offered by the Senate Committee on Transportation by inserting in line 5 on Page 1 immediately preceding the phrase "to repeal conflicting laws;" the following:
"To amend Code Section 40-8-76 of the Official Code of Georgia Annotated, relating to

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the requirements for safety belts for motor vehicles and safety restraints 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; to provide for other matters relative thereto;".
By redesignating Section 2 as Section 3 and by adding a new Section 2 to read as follows:
"Section 2. Code Section 40-8-76 of the Official Code of Georgia Annotated, relating to the requirements for safety belts for motor vehicles and safety restraints for children being transported in motor vehicles, is amended by adding between subsections (c) and (d) a new subsection (c.l) to read as follows:
'(c.l) (1) On and after July 1, 1986, every driver who regularly and customarily trans ports a child over three years of age but under 12 years of age in a passenger automobile, van, or pickup truck, other than one operated for hire, which is registered in this state shall, while such motor vehicle is in motion and operated on a public road, street, or highway of this state, provide for the protection of such child by the use of a safety belt. This subsec tion shall not apply to a child who has a medical condition that prevents appropriate re straint by a safety belt.
(2) It shall be unlawful for any person to fail to comply with the requirements of para graph (1) of this subsection and, upon conviction for such offense, the person shall be pun ished by a fine not exceeding $25.00.'"
Senator Harris of the 27th moved that HB 1321 be committed to the Senate Committee on Transportation.
On the motion, the yeas were 24, nays 8; the motion prevailed, and HB 1321 was com mitted to the Senate Committee on Transportation.
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.
Senate Sponsor: Senator Perry of the 7th.
Senator Coverdell of the 40th offered the following amendment:
Amend HB 555 by inserting in line 8 on Page 1 immediately following the phrase "to provide for criminal penalties;" the following:
"to amend Chapter 1 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions applicable to motor vehicles and traffic, so as to require the use of safety belts in motor vehicles; to provide for certain exceptions; to provide for penalties; to provide for repeal of said provisions after the expiration of a certain period of time;"
By redesignating Section 2 as Section 3 and by adding a new Section 2 to read as follows:
"Section 2. Chapter 1 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions applicable to motor vehicles and traffic, is amended by adding at the end thereof a new Code Section 40-1-4 to read as follows:
'40-1-4. (a) As used in this Code section, the term "passenger car" means a passenger car which is required by Code Section 40-8-76 to be equipped with safety belts.
(b) Bach driver of a passenger car in this state shall have a safety belt properly fastened about such driver's body at all times when the passenger car is in forward motion.

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(c) Each front seat occupant, in addition to the driver, of a passenger car in this state shall have a safety belt properly fastened about such occupant's body at all times when the passenger car is in forward motion, except that children shall be properly restrained as pro vided in subsection (b) of Code Section 40-8-76.
(d) This Code section shall not apply to a driver or other front seat occupant of a passenger car when such driver or occupant has a medical condition that prevents appropri ate restraint by a safety belt.
(e) Any person who violates subsection (b) or (c) of this Code section shall be given a warning not to repeat such violation for the first offense but for the second or any subse quent offense such person shall be punished by a fine not exceeding $50.00.
(f) This Code section shall stand repealed in its entirety on July 1, 1989.' "

On the adoption of the amendment, Senator Coverdell of the 40th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Barnes Bond Brantley Coverdell
English Foster

Greene Harrison Hine
Holloway Howard Hudgins Kidd

Land Phillips Starr
Tolleson Trulock Turner Tysinger

Those voting in the negative were Senators:

Albert Allgood Baldwin Barker Bowen Brannon Broun of 46th Brown of 47th Bryant Coleman Dawkins

Dean Engrain Fincher Garner Gillis Harris Horton Huggins Kennedy Langford McGill

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

Not voting was Senator Cobb.

On the adoption of the amendment, the yeas were 22, nays 33, 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 Baldwin Barker

Barnes Bond Bowen Brannon

Brantley Broun of 46th Brown of 47th Bryant

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Burton Coleman Coverdell Dawkins Deal Dean English Engram Fincher Foster Gillis Greene Harris

Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land Langford McGill McKenzie Peevy

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

Voting in the negative were Senators Timmons and Trulock.

Those not voting were Senators:

Cobb

Garner

Harrison

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

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

The President announced that the Senate would stand in recess from 12:15 o'clock P.M. until 2:00 o'clock P.M.

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

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

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.
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 Baldwin Barker Brannon Brantley Bryant Burton

Coleman Dawkins Deal Dean English Fincher Foster

Gillis Harris Hine Holloway Hudgins Huggins Kennedy

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Kidd Land McGill McKenzie Peevy Perry

Phillips Ray Reddish Scott of 2nd Scott of 36th

Stumbaugh Tolleson Trulock Turner Walker

Those not voting were Senators:

Allgood Barnes Bond Bowen Broun of 46th Brown of 47th Cobb

Coverdell Engrain Garner Greene Harrison Horton

Howard Langford Starr Tate Timmons Tysinger

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

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

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

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.
Senate Sponsor: Senator Hine of the 52nd.

The Senate Committee on Governmental Operations offered the following substitute to HB 1286:

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 for the comprehensive regulation of ethics in govern ment service and the disclosure of campaign contributions and expenditures; to provide for a short title; to provide for legislative intent on a declaration of policy; to provide for defini tions; to create the State Ethics Commission; to provide for composition, appointment of members, terms, vacancies, meetings, officers, quorum, and assignments; to provide for cer tain staff, funding, and supplies; to provide for the powers, duties, and authority of the commission; to provide for certain limitations on such authority; to provide for venue for prosecution of certain violations; to provide for the disclosure of campaign contributions; to provide for the acceptance of certain contributions; to provide for procedures regarding such contributions; to provide for persons subject to disclosure requirements; to provide for cer tain information in reports; to provide for certain recordkeeping and inspections; to provide for the uses of contributions; to require the filing of certain reports; to provide for the con tents of such reports; to provide for filing, verification, and mailing of such reports; to pro vide for certain duties of the commission; to provide for the disclosure of certain financial interests; to provide for certain reports of such interests; to provide for the contents of such reports; to provide for filing requirements; to provide for verification; to provide for mailing of such reports; to provide that such reports shall be public records; to provide for all re lated matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by striking Chapter 5, the "Campaign and Financial Disclosure Act," in its en tirety and inserting in its place a new Chapter 5 to read as follows:
"CHAPTER 5
ARTICLE 1
21-5-1. This chapter shall be known as and may be cited as the 'Ethics in Government Act.'
21-5-2. It is declared to be the policy of this state, in furtherance of its responsibility to protect the integrity of the democratic process and to ensure fair elections for constitutional offices, state offices, district attorneys, members of the Georgia House of Representatives and Georgia Senate, all constitutional judicial officers, and all county and municipal elected officials, to institute and establish a requirement of public disclosure of campaign contribu tions and expenditures relative to the seeking of such offices, to the recall of public officials holding elective office, and to the influencing of voter approval or rejection of a proposed constitutional amendment or a state-wide referendum. It is the policy of this state to re quire public disclosure of campaign contributions and expenditures when such are designed to bring about the approval or rejection by the voters of any proposed question which is to appear on the ballot in any county or municipal election. Further, it is the policy of this state that the state's public affairs will be promoted by disclosures of significant private interests of public officers and officials which may influence the discharge of their public duties and responsibilities. The General Assembly further finds that it is for the public to determine whether significant private interests of public officers have influenced the state's public officers to the detriment of their public duties and responsibilities and, in order to make that determination and hold the public officers accountable, the public must have access to the disclosure of the significant private interests of the public officers of this state.
21-5-3. As used in this chapter, the term:
(1) 'Business entity' means any corporation, sole proprietorship, partnership, limited partnership, enterprise, franchise, association, trust, joint venture, or other entity, whether profit or nonprofit.
(2) 'Campaign committee' means the person or committee which accepts contributions or makes expenditures designed to bring about the nomination or election of an individual to any elected office. The term 'campaign committee' also means any person or committee which accepts contributions or makes expenditures designed to bring about the recall of a public officer or any person or committee which accepts contributions or makes expendi tures designed to bring about the approval or rejection by the voters of any proposed consti tutional amendment or state-wide referendum. The term 'campaign committee' shall also mean any person or committee which accepts contributions or makes expenditures designed to bring about the approval or rejection by the voters of any proposed question which is to appear on the ballot in any county or municipal election.
(3) 'Campaign contribution disclosure report' means a report filed with the commission by a candidate or the chairman or treasurer of a campaign committee setting forth all ex penditures in excess of $100.00 and all contributions in excess of $100.00, including contri butions and expenditures of lesser amounts when the aggregate amount thereof by or to a person is greater than $100.00 for the calendar year in which the report is filed. Such report shall also include the total amount of all individual contributions received or expenditures made of less than $100.00 each. The first report required in the calendar year of the election shall contain all such expenditures made and all such contributions received by the candi date or the committee in prior years in support of the campaign in question.
(4) 'Candidate' means an individual who seeks nomination for election or election to any office, whether or not such an individual is elected; and a person shall be deemed to seek nomination or election if such person has taken necessary action under the laws of this

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state to qualify such person for nomination for election or election, or has received contribu tions or made expenditures, or has given such person's consent for such person's campaign committee to receive contributions or make expenditures with a view to bringing about such person's nomination for election or election to such office.
(5) 'Commission' means the State Ethics Commission created under Code Section 21-54.
(6) 'Contribution' means a gift, subscription, membership, loan, forgiveness of debt, ad vance or deposit of money or anything of value, conveyed or transferred for the purpose of influencing the nomination for election or election of any person for office, the recall of a public official holding elective office, or the influencing of voter approval or rejection of a proposed constitutional amendment, a state-wide referendum, or a proposed question which is to appear on the ballot in any county or municipal election. The term specifically shall not include the value of personal services performed by persons who serve without compen sation from any sources and on a voluntary basis. The term 'contribution' shall include other forms of payment made to candidates for office or who hold office when such fees and compensation made can be reasonably construed as a campaign contribution designed to encourage or influence the person, company, corporation, or other entity which made the contribution. The term 'contribution' shall also encompass transactions wherein a qualifying fee required of the candidate is furnished or paid by anyone other than the candidate.
(7) 'Direct ownership interest' means the holding or possession of good legal or rightful title of property or the holding or enjoyment of real or beneficial use of the property by the public officer and includes any interest owned or held by a spouse of a public officer if such interest is held jointly or as tenants in common between the public officer and spouse.
(8) 'Election' means a primary election; run-off election, either primary or general; spe cial election; or general election. The term 'election' also means a recall election.
(9) 'Expenditure' means a purchase, payment, distribution, loan, advance, deposit, or gift of money or anything of value made for the purpose of influencing the nomination for election or election of any person, the recall of a public official holding elective office, or the influencing of voter approval or rejection of a proposed constitutional amendment, a state wide referendum, or a proposed question which is to appear on the ballot in any county or municipal election. The term specifically shall not include the value of personal services performed by persons who serve without compensation from any source and on a voluntary basis. The term 'expenditure' shall also include the payment of a qualifying fee for and in behalf of a candidate.
(10) 'Fiduciary position' means any position imposing a duty to act primarily for an other's benefit, including, but not limited to, positions such as officers, directors, managers, partners, or other designations of general responsibility.
(11) 'Gift' means any gratuitous transfer to a public officer, the spouse of the public officer, or any dependents of the public officer or loan of property or services, which is not a contribution as defined in paragraph (6) of this Code section, and which is in excess of $100.00.
(12) 'Intangible property' means property which is not real property and which is held for profit and includes stocks, bonds, interest in partnerships, choses in action, and other investments.
(13) 'Person' means an individual, partnership, committee, association, corporation, la bor organization, or any other organization or group of persons.
(14) 'Public officer' means:
(A) Every constitutional officer;
(B) Every elected state official;
(C) The head of every state department, agency, or commission, whether elected or appointed;

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(D) Each member of the General Assembly; and
(E) The executive director of each state authority.
21-5-4. (a) There is created the State Ethics Commission, with such duties and powers as are set forth in this chapter.
(b) The commission shall be governed by ten members appointed as follows: four mem bers shall be appointed by the Governor, two for terms of two years, one for a term of three years, and one for a term of four years; three members shall be appointed by the Lieutenant Governor, one for a term of two years, one for a term of three years, and one for a term of four years; and three members shall be appointed by the Speaker of the House of Repre sentatives, one for a term of two years, one for a term of three years, and one for a term of four years. Those members serving on the State Campaign and Financial Disclosure Com mission prior to March 1, 1987, shall serve for a term of office which expires March 1, 1987. Upon the expiration of a member's term of office, a new member, appointed in the same manner as the member whose term of office expired, shall become a member of the commis sion and shall serve for a term of four years and until such member's successor is duly appointed and qualified. If a vacancy occurs in the membership of the commission, a new member shall be appointed to the unexpired term of office by the state official who ap pointed the vacating member. Members of the commission shall not serve for more than one complete term of office.
(c) All members of the commission shall be residents of this state.
(d) Any person who:
(1) Has qualified to run for any federal, state, or local public office within a period of five years prior to such person's appointment;
(2) Has held any federal, state, or local public office within a period of five years prior to such person's appointment; or
(3) Serves as an officer of any political party, whether such office is elective or appoin tive and whether such office exists on a local, state, or national level
shall be ineligible to serve as a member of the commission.
(e) The commission shall elect a chairman, a vice chairman, and other officers as it deems necessary. The members shall not be compensated for their services but they shall be reimbursed in an amount equal to the per diem received by the General Assembly for each day or portion thereof spent in serving as members of the commission. They shall be paid their necessary traveling expenses while engaged in the business of the commission.
(f) A majority of the members of the commission constitutes a quorum for the transac tion of business. The vote of at least a majority of the members present at any meeting at which a quorum is present is necessary for any action to be taken by the commission. No vacancy in the membership of the commission impairs the right of a quorum to exercise all rights and perform all duties of the commission.
(g) Meetings of the members of the commission shall be held at the call of the chairman or whenever any two members so request. The members shall meet at least once every year.
21-5-5. The funds necessary to carry out this chapter shall come from the funds appro priated to and available to the State Ethics Commission and from any other available funds.
21-5-6. (a) The commission is vested with the following powers:
(1) To meet at such times and places as it may deem necessary;
(2) To contract with other agencies, public or private, or persons as it deems necessary for the rendering and affording of such services, facilities, studies, and reports to the com mission as will best assist it to carry out its duties and responsibilities;
(3) To cooperate with and secure the cooperation of every department, agency, or in-

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strumentality in the state government or its political subdivisions in the furtherance of the purposes of this chapter;
(4) To employ an executive secretary and such additional staff as the commission deems necessary to carry out the powers delegated to the commission by this chapter;
(5) To issue subpoenas to compel any person to appear, give sworn testimony, or pro duce documentary or other evidence;
(6) To institute and prosecute actions in the superior courts, in its own name, seeking to enjoin or restrain any violation or threatened violation of this chapter;
(7) To adopt in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' such rules and regulations as are necessary to carry out the purposes of this chapter; and
(8) To do any and all things necessary or convenient to enable it to perform wholly and adequately its duties and to exercise the power granted to it.
(b) The commission shall have the following duties:
(1) To prescribe forms to be used in complying with this chapter;
(2) To prepare and publish a manual setting forth recommended uniform methods of accounting and reporting for use by persons required by this chapter to file statements and reports;
(3) To accept and file any information voluntarily supplied that exceeds the require ments of this chapter;
(4) To develop a filing, coding, and cross-indexing system consonant with the purposes of this chapter;
(5) To adopt a retention standard for records of the commission in accordance with Chapter 18 of Title 50, the 'Georgia Records Act';
(6) To prepare and publish such other reports and technical studies as in its judgment will tend to promote the purposes of this chapter;
(7) To provide for public dissemination of such summaries and reports;
(8) To determine whether the required statements and reports have been filed and, if so, whether they conform to the requirements of this chapter;
(9) To make investigations, subject to the limitations contained in Code Section 21-5-7, with respect to the statements and reports filed under this chapter and with respect to alleged failure to file any statements or reports required under this chapter, and upon re ceipt of the written complaint of any person, verified under oath, to the best information, knowledge, and belief, by the person making same, with respect to an alleged violation of any provision of this chapter, provided that nothing in this Code section shall be construed to limit or encumber the right of the commission to initiate on probable cause an investiga tion on its own cognizance as it deems necessary to fulfill its obligations under this chapter;
(10) To conduct a preliminary investigation, subject to the limitations contained in Code Section 21-5-7, 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. 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 to believe that a violation has occurred, it shall give notice by summoning the persons believed to have committed the violation to a hearing. The hearing shall be conducted in all respects in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The 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; pro-

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vided, 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 cogni zance as it deems necessary to fulfill its obligations under this chapter;
(11) To report suspected violations of law to the appropriate law enforcement authority;
(12) To investigate upon a written complaint any illegal use of state employees in a political campaign by any candidate;
(13) To issue, upon request, and publish advisory opinions on the requirements of this chapter, based on a real or hypothetical set of circumstances;
(14) To issue orders, after the completion of appropriate proceedings, directing compli ance with this chapter or prohibiting the actual or threatened commission of any conduct constituting a violation, which order may include a provision requiring the violator:
(A) To cease and desist from committing further violations;
(B) To make public complete statements, in corrected form, containing the information required by this chapter;
(C) (i) To pay a civil penalty not to exceed $1,000.00 for each violation contained in any report required by this chapter or for each failure to comply with any other provision of this chapter or of any rule or regulation promulgated under this chapter.
(ii) A civil penalty shall not be assessed against any person except after notice and hearing as provided by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The amount of any civil penalty finally assessed shall be recoverable by a civil action brought in the name of the commission. All moneys recovered pursuant to this Code section shall be deposited in the state treasury.
(iii) The Attorney General of this state shall, upon complaint by the commission, or may, upon the Attorney General's own initiative if after examination of the complaint and evidence the Attorney General believes a violation has occurred, bring an action in the supe rior court in the name of the commission for a temporary restraining order or other injunctive relief or for civil penalties assessed against any person violating any provision of this chapter or any rule or regulation duly issued by the commission.
(iv) 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 commissions 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. Service of process shall lie in 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 Administrative Procedure Act.' Upon satisfaction that notice was given and a hearing was held pursuant 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 chapter and the superior court shall not make independent inquiry as to whether the violations have occurred.
(v) In any action brought by the Attorney General to enforce any of the provisions of this chapter or of any rule or regulation issued by the commission, the judgment, if in favor of the commission, shall provide that the defendant pay to the commission the costs, includ ing reasonable attorneys' fees, incurred by the commission in the prosecution of such action;
(15) To make public its conclusion that a violation has occurred and the nature thereof;
(16) 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; and
(17) 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-

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als employed and the funds disbursed and to make such further report on the matters within its jurisdiction as may appear desirable.
21-5-7. The commission shall not initiate any investigation or inquiry into any matter under its jurisdiction based upon the complaint of any person unless that person shall re duce the same in writing and verify the same under oath, to the best information, knowl edge, and belief of such person, the falsification of which shall be punishable as false swear ing under Code Section 16-10-71. Nothing in this Code section, however, shall be construed to limit or encumber the right of the commission to initiate on probable cause an investiga tion on its own cognizance as it deems necessary to fulfill its obligations under this chapter.
21-5-8. Venue for prosecution of civil violations of this chapter or for any other action by or on behalf of the commission shall be in the county of the residence of the candidate at the time of the alleged violation or action.
21-5-9. Except as otherwise provided in this chapter, any person who knowingly fails to comply with or who knowingly violates this chapter shall be guilty of a misdemeanor on the first offense and upon the second or subsequent offense shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years or by a fine not to exceed $5,000.00, or both. Notwithstanding any provision to the contrary, any person who knowingly falsifies any report required under this chapter shall be guilty of a felony.
ARTICLE 2
21-5-30. (a) No contributions to bring about the nomination or election of a candidate for any office shall be accepted except directly by a candidate or such candidate's campaign committee which is organized for the purpose of bringing about the nomination or election of any such candidate; and no contributions to bring about the recall of a public officer or to bring about the approval or rejection by the voters of a proposed constitutional amendment, state-wide referendum, or other issue at the municipal or county level shall be accepted except directly by a campaign committee organized for that purpose.
(b) Each candidate shall have a campaign committee for the purpose of maintaining records and the filing of reports as required by this chapter. Every campaign committee shall have a chairman and a treasurer. Before a campaign committee accepts contributions, the name and address of the chairman and treasurer shall be filed with the commission. The same person may serve as chairman and treasurer. No contributions shall be accepted by or on behalf of the campaign committee at a time when there is a vacancy in the office of chairman and treasurer thereof.
(c) All campaign funds received by a candidate or a campaign committee shall be de posited in a campaign depository designated pursuant to subsection (d) of this Code section in an account designated 'Campaign Account of (name of candidate or committee).' All de posits shall be accompanied by a bank deposit slip containing the name of each contributor and the amount contributed by each.
(d) Contributions of money received pursuant to subsection (a) of this Code section shall be deposited in a separate campaign depository account opened and maintained for the purpose for which such campaign committee was organized. Such account may be an interest-bearing account; provided, however, that any interest earned thereon shall be deemed contributions and may only be used for the purposes allowed under this chapter.
(e) Where separate contributions of less than $100.00 are knowingly received from a common source, such contributions shall be aggregated for reporting purposes. For purposes of fulfilling this requirement, members of the same family, firm, or partnership or employees of the same person, as defined in Code Section 21-5-3, shall be considered to be a common source.
(f) The making and acceptance of anonymous contributions are prohibited. Any anony mous contributions received by a candidate or campaign committee shall be transmitted to the director of the Fiscal Division of the Department of Administrative Services for deposit

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in the state treasury, and the fact of such contribution and transmittal shall be reported to the commission.
(g) A person acting on behalf of a public utility corporation regulated by the Public Service Commission shall not make, directly or indirectly, any contribution to a political campaign.
21-5-31. (a) Any person who accepts contributions for or makes expenditures on behalf of candidates is subject to the same disclosure requirements of this chapter as a candidate, except that contributions from individuals made directly to a candidate or his campaign committee do not require separate reporting and except that contributions from persons as defined in paragraph (13) of Code Section 21-5-3 which do not exceed $500.00 in the aggre gate or which are made to only one candidate, regardless of the amount, do not require separate reporting.
(b) When a contribution consists of the proceeds of a loan, advance, or other extension of credit, the campaign contribution disclosure report shall also contain the name of the lending institution or party making the advance or extension of credit and the names, mail ing addresses, occupations, and places of employment of all persons having any liability for repayment of the loan, advance, or extension of credit; and, if any such persons shall have a fiduciary relationship to the lending institution or party making the advance or extension of credit, the report shall specify such relationship.
21-5-32. (a) The treasurer of each campaign committee shall keep detailed accounts, current within not more than five business days after the date of receiving a contribution or making an expenditure, of all contributions received and all expenditures made by or on behalf of the candidate or committee. The treasurer shall also keep detailed accounts of all deposits made in any savings account or certificate of deposit and of all withdrawals made therefrom to the separate campaign depository and of all interest earned thereon.
(b) Accounts, including campaign savings accounts and certificates of deposit, kept by the treasurer of a campaign committee may be inspected under reasonable circumstances before, during, or after the election to which the accounts refer by any authorized represen tative of the commission. The right of inspection may be enforced by appropriate writ is sued by any court of competent jurisdiction.
(c) Accounts kept by the campaign committee shall be preserved for three years from the termination date of the campaign committee for any candidate or for three years from the election to bring about the approval or rejection by the voters of any proposed constitu tional amendment, referendum, local issue, or recall vote.
21-5-33. (a) Contributions received by a candidate or a campaign committee, or a public officer and any proceeds from investing such contributions shall be utilized only to defray ordinary and necessary expenses, which may include any loan of money from a candidate or public officer to the candidate's campaign committee, incurred in connection with the candi date's campaign for elective office or a public officer's fulfillment or retention of such office.
(b) (1) All contributions received by a candidate or such candidate's campaign commit tee or a public officer in excess of those necessary to defray expenses pursuant to subsection (a) of this Code section and as determined by the candidate or public officer may only be used as follows:
(A) As contributions to any charitable organization described in 26 U.S.C. 170(c);
(B) For transferral without limitation to any national, state, or local committee of any political party;
(C) For repayment on a pro rata basis to individuals making such contributions;
(D) For use in future campaigns for any elective office; or
(E) For any personal use; provided, however, that no candidate or public officer shall convert contributions to the personal use or benefit of the candidate or public officer unless the candidate or public officer shall have:

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(i) Written to every contributor to notify the contributor that the candidate or public officer intends to convert contributions to the personal use of the candidate or public officer;
(ii) Extended an opportunity in writing to every contributor to receive a pro rata distri bution from the campaign committee in lieu of having the contributions converted to the personal use of the candidate or public officer, which opportunity shall not expire for at least 30 days after extension of such opportunity; and
(iii) Distributed pro rata the contributions to all who objected to the conversion of the contributions to the personal use of the candidate or public officer.
(2) Any candidate or public officer may provide in the will of the candidate or public officer that the contributions shall be spent in any of the authorized manners upon the death of the candidate or public officer; and, in the absence of any such direction in the probated will of the candidate or public officer, the contributions shall be paid to the trea sury of the state party with which the candidate or public officer was affiliated in such candidate's or officer's last election or elective office.
(c) Contributions shall not constitute personal assets of the candidate or public officer.
21-5-34. (a) (1) The candidate or the chairman or treasurer of each campaign committee organized to bring about the nomination or election of a candidate for any office except county and municipal offices and the chairman or treasurer of every campaign committee designed to bring about the recall of a public officer or designed to bring about the approval or rejection by the voters of any proposed constitutional amendment or state-wide referen dum shall file with the commission the required campaign contribution disclosure reports. A candidate for any county or municipal office or the chairman or treasurer of such candi date's campaign committee shall file a copy of each of such candidate's reports with the election superintendent of the county of such candidate's residence.
(2) Any campaign committee which accepts contributions or makes expenditures designed to bring about the approval or rejection by the voters of any proposed question which is to appear on the ballot in any county or municipal election shall file a campaign contribution disclosure report as prescribed by this chapter; provided, however, that such report shall only be required if such campaign committee has received contributions which total more than $100.00 or if such campaign committee has made expenditures which total more than $100.00.
(3) A candidate for county office or the chairman or treasurer of such candidate's cam paign committee shall file the required campaign contribution disclosure reports with the election superintendent in the respective county of election.
(4) A candidate for municipal office or such candidate's campaign committee shall file the reports with the municipal clerk in the respective municipality of election or, if there is no clerk, with the chief executive officer of the municipality.
(b) All reports shall list the following:
(1) The amount, name, and mailing address of any person making a contribution in excess of $100.00, including the purchase of tickets for events such as dinners, luncheons, rallies, and similar fundraising events;
(2) The name and mailing address and occupation or place of employment of any per son to whom an expenditure in excess of $100.00 is made and the amount and general pur pose of such expenditure;
(3) When a contribution consists of a loan, advance, or other extension of credit, the report shall also contain the name of the lending institution or party making the advance or extension of credit and the names, mailing addresses, occupations, and places of employ ment of all persons having any liability for repayment of the loan, advance, or extension of credit; and, if any such persons shall have a fiduciary relationship to the lending institution

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or party making the advance or extension of credit, the report shall specify such relationship.
(c) Campaign committees which accept contributions or make expenditures designed to bring about the nomination or election of a candidate shall file campaign contribution dis closure reports 45 days and 15 days before the primary election and ten days after the primary election. Candidates in a general or special election campaign shall make such re ports 15 days prior to the general or special election, and all candidates shall make a final campaign contribution disclosure report not later than December 31 of the year in which the election occurs. All candidates shall have a five-day grace period in filing the required re port. If a run-off election is required following a general or special election, candidates in such an election shall make such reports six days prior to the run-off election and shall have a two-day grace period in filing the required report, with the exception that, if an election is scheduled on a Wednesday, the grace period shall end the Friday preceding the election. The mailing of said reports by United States mail with adequate postage thereon, within the required filing time, shall be prima-facie evidence of filing. A report or statement required to be filed by this Code section shall be verified by the oath or affirmation of the person filing such report or statement taken before an officer authorized to administer oaths. Each report required in the calendar year of the election shall contain cumulative totals of all contributions which have been received and all expenditures which have been made in sup port of the campaign in question and which are required, or previously have been required, to be reported.
(d) In the event any candidate covered by this chapter has no opposition in either a primary or a general election and receives no contribution in excess of $100.00, said candi date shall only be required to make the initial and final report as required under this chapter.
(e) A supplemental campaign contribution disclosure report shall be filed by each pub lic officer elected to an office covered by this chapter no later than December 31 of each year following the year in which the election occurs. If no contribution is received or expenditure made which is required to be reported under this chapter between the date of the last cam paign contribution disclosure report filed pursuant to this chapter and December 31 of any year, a supplemental campaign contribution disclosure report shall be required by this chap ter and shall so indicate no contributions or expenditures.
(f) Any campaign committee which accepts contributions or makes expenditures designed to bring about the recall of a public official or to oppose the recall of a public official shall file campaign contribution disclosure reports with the commission as follows:
(1) An initial report shall be filed within 15 days of the date when the official recall petition forms were issued to the sponsors;
(2) A second report shall be filed 45 days after the filing of the initial report;
(3) A third report shall be filed within 15 days after the expiration date for acquiring signatures on the recall petition;
(4) A final report shall be filed prior to December 31 of the year in which the recall election is held; and
(5) In the case of state officials or county officials, a copy of each of the reports shall also be filed with the election superintendent in the county of residence of the official sought to be recalled. In the case of municipal officials, a copy of the reports shall also be filed with the municipal clerk in the municipality of residence of the official sought to be recalled or, if there is no clerk, with the chief executive officer of the municipality.
(g) Any campaign committee which accepts contributions or makes expenditures designed to bring about the approval or rejection by the voters of a proposed constitutional amendment or a state-wide referendum shall file a campaign contribution disclosure report with the commission ten days prior to the date of the election and shall file a final report prior to December 31 of the year in which the election is held.

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(h) (1) Any campaign committee which accepts contributions or makes expenditures designed to bring about the approval or rejection by the voters of any proposed question which is to appear on the ballot in any county or municipal election shall file a campaign contribution disclosure report as prescribed by this chapter, provided that such report shall only be required if such campaign committee has received contributions which total more than $100.00 or if such campaign committee has made expenditures which total more than $100.00. All advertising pertaining to referendums must identify the principal officer of said campaign committee by containing the name and title of the principal officer.
(2) If a campaign committee is required to file a report under paragraph (1) of this subsection, said report shall be filed with the election superintendent of the county in the case of a county election or with the municipal clerk in the case of a municipal election. Any such report shall be filed 15 days prior to the date of the election; and a final report shall be filed prior to December 31 of the year in which the election is held.
(i) In any county in which the county board of elections does not maintain an office open to the public during normal business hours for five days a week, the reports required by this Code section shall be filed in the office of the judge of the probate court of that county.
21-5-35. (a) Any member of the General Assembly or that member's campaign commit tee who accepts a reportable campaign contribution during a legislative session shall report the contribution to the proper authority on the first day of the month following the month in which the contribution was accepted.
(b) Any person subject to Code Section 21-5-31 who gives a contribution to a member of the General Assembly or that member's campaign committee during a legislative session shall report the contribution to the proper authority on the first day of the month following the month in which the contribution was given.
21-5-36. (a) It shall be the duty of the commission to make the campaign contribution disclosure reports available for public inspection and copying during regular office hours commencing as soon as practicable after such filing. Such officials shall have the authority to charge a fee for copying such reports not to exceed the actual cost thereof. The commission shall preserve such reports for a period of five years from the date upon which they are received.
(b) The commission has the duty to inspect each report filed by a candidate or by a campaign committee for conformity with the law and to notify the candidate or campaign committee immediately if the report does not conform with the law, is unsigned, or is other wise in technical violation of filing requirements.
ARTICLE 3
21-5-50. (a) Each public officer, as defined in paragraph (14) of Code Section 21-5-3, shall file with the commission not later than February 15 of each year in which such public officer holds office, a financial disclosure statement for the preceding calendar year. Each person who qualifies as a candidate for election as a public officer shall file with the commis sion, not later than the tenth day after which such person qualifies, a financial disclosure statement for the 12 month period ending the month prior to such qualification. The com mission shall review each financial disclosure statement to determine that such statement is in compliance with the requirements of this chapter.
(b) A financial disclosure statement shall be in the form specified by the commission and shall identify:
(1) All gifts and all or other consideration, fees, honoraria, and expense reimbursements in excess of $100.00 received by the public officer from speaking engagements, participation in seminars, discussion panels, or other activities which relate to the duties of the public officer or the office of the public officer, with a statement of the fair market value of the consideration received and the person from whom it was received;
(2) All fiduciary positions held by the candidate for public office or the public officer in

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any business entity, with a statement of the title of each such position, the name and ad dress of the business entity, and the principal activity of the business entity as defined by the Standard Industrial Classification System;
(3) All direct ownership interests of the total assets or capital stock of any business entity, including the name, address, principal activity of the business entity as defined by the Standard Industrial Classification System, the office held by the candidate for public office or the public officer within such business entity, and the duties and responsibilities of the candidate for public office or the public officer in which such ownership is held, where:
(A) Such ownership interest is more than 5 percent;
(B) Such ownership interest has a fair market value of more than $20,000.00; or
(C) Such ownership interest represents at least 5 percent of the candidate for public office's or the public officer's net worth;
(4) All direct ownership interests which have a fair market value of more than $20,000.00 or represent at least 5 percent of the candidate for public office's or the public officer's net worth in:
(A) Real property, including the county and state in which such property is located; and, for purposes of this subparagraph, the fair market value shall be the appraised value of the real property for ad valorem tax purposes; and
(B) Intangible property, including the type of such property as defined by the Standard Industrial Classification System, exclusive of any ownership interest in any public or private retirement or pension fund, account, or system and exclusive of any ownership interest in any public or private life insurance contract or any benefit, value, or proceeds thereof; and
(5) All annual payments in excess of $20,000.00 received by the public officer or any business entity identified in paragraph (3) of this subsection from the state, any agency, department, commission, or authority created by the state, and authorized and exempted from disclosure under Code Section 45-10-24 or 45-10-25, and the agency, department, com mission, or authority making the payments, and the general nature of the consideration rendered for the source of the payments.
21-5-51. The financial disclosure reports required under this part shall be verified by oath or affirmation of the public officer filing the report, such oath or affirmation to be taken before an officer authorized to administer oaths.
21-5-52. Depositing of a properly addressed financial disclosure report in the United States mails with adequate postage thereon shall constitute filing on the date of mailing.
21-5-53. Financial disclosure reports filed pursuant to this part shall be public records and shall be subject to inspection and copying by any member of the public as provided by law for other public records."
Section 2. This Act shall become effective March 1, 1987.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Senator Bond of the 39th offered the following amendment:
Amend the substitute to HB 1286 offered by the Senate Committee on Governmental Operations by striking from line 14 of Page 7 the word "and".
By striking from the end of line 16 of Page 7 the "." and inserting in lieu thereof the following:
"; and".
By adding between lines 16 and 17 of Page 7 the following:
"(F) County and municipal elected officials."

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Senator Bond of the 39th asked unanimous consent to withdraw the amendment of fered by Senator Bond of the 39th; the consent was granted, and the amendment was withdrawn.
Senator Bond of the 39th offered the following amendment:
Amend the substitute to HB 1286 offered by the Senate Committee on Governmental Operations by adding at the end of line 5 of Page 20, immediately following the ";", the word "or".
By striking from line 7 of Page 20 the following: "; or",
and inserting in lieu thereof the following:

By striking in their entirety lines 8 through 32 on Page 20, which reads as follows:
"(E) For any personal use; provided, however, that no candidate or public officer shall convert contributions to the personal use or benefit of the candidate or public officer unless the candidate or public officer shall have:
(i) Written to every contributor to notify the contributor that the candidate or public officer intends to convert contributions to the personal use of the candidate or public officer;
(ii) Extended an opportunity in writing to every contributor to receive a pro rata distri bution from the campaign committee in lieu of having the contributions converted to the personal use of the candidate or public officer, which opportunity shall not expire for at least 30 days after extension of such opportunity; and
(iii) Distributed pro rata the contributions to all who objected to the conversion of the contributions to the personal use of the candidate or public officer."

Senator Bond of the 39th asked unanimous consent to withdraw the amendment of fered by Senator Bond of the 39th; the consent was granted, and the amendment was withdrawn.

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 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

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McGill McKenzie Peevy Phillips Ray
Reddish

Scott of 2nd Scott of 36th Stair Stumbaugh Tate
Timmons

Tolleson Trulock ,,, lurner Tysinger
Walker

Voting in the negative were Senators Fincher and Perry.

Not voting was Senator Kennedy (presiding).

On the passage of the bill, the yeas were 53, nays 2.

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

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

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.

Senator Baldwin of the 29th moved that the Senate insist upon the Senate substitute to HB 840.

On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 840.

Senator Hine of the 52nd moved that the following bill of the House, having been passed by substitute previously today, be immediately transmitted to the House:

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.

On the motion, the yeas were 31, nays 0; the motion prevailed, and HB 1286 was imme diately transmitted to the House.

The President resumed the Chair.

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

HB 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

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damages is clearly inadequate or excessive then the court may either order a new trial or modify the amount of the award.
Senate Sponsor: Senator Hine of the 52nd.
The Senate Committee on Judiciary offered the following substitute for HB 1186:
A BILL
To be entitled an Act to amend Article 1 of Chapter 12 of Title 51 of the Official Code of Georgia Annotated, relating to damages in tort actions generally, so as to provide that evidence of compensation received for any damages from any collateral source shall not be admissible before the trier of fact; to provide that juries shall divide by category certain awards of damages; to provide for the deduction from general damages any amounts re ceived from collateral sources; to provide that if the jury's verdict as to damages is clearly inadequate or excessive then the trial court shall either order a new trial or, if the nonmoving party agrees, modify the amount of the award; to provide for the periodic payment of certain judgments in excess of $500,000.00; to provide conditions for such payments; to provide for the enforcement of such periodic payment provisions; to provide for all matters related to the foregoing; to provide for an effective date and for applicability; to provide for the repeal of this Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 12 of Title 51 of the Official Code of Georgia Annotated, relating to damages in tort actions generally, is amended by striking Code Section 51-12-1, relating to types of damages, and inserting in its place a new Code section to read as follows:
"51-12-1. (a) Damages may be either general or special, direct or consequential.
(b) (1) Each jury shall be instructed that, upon a finding in favor of a party claiming damages, the verdict shall further divide any amounts to be awarded. Special instructions or interrogatories shall be furnished to the jury so as to enable the jury to divide the award into general and special damages.
(2) If a jury returns an award in favor of a party claiming damages, the judge shall hear evidence regarding compensation from collateral sources received by such party for the in jury. Before the final award of judgment issues, the judge shall deduct from any general damages awarded by the jury the sum of the compensation received by such party from collateral sources.
(3) A collateral source to be considered by a judge under paragraph (2) of this subsec tion does not include sources for which the party claiming damages or the party's immediate family paid out of pocket, such as insurance paid for by such party for health or disability insurance or for personal injury protection coverage. A collateral source shall include, with out limitation, such compensation as unemployment insurance benefits, workers' compensa tion benefits, medicare, and Medicaid benefits."
Section 2. Said article is further amended by striking Code Section 51-12-12, relating to determination of damages, and inserting in its place a new Code section to read as follows:
"51-12-12. (a) The question of damages is ordinarily one for the jury; and the court should not interfere with the jury's discretion unless the damages are clearly so inadequate or so excessive as to be unwarranted by the evidence in the case.
(b) If the jury's verdict as to damages is clearly so inadequate or so excessive as to be unwarranted by the evidence, the trial court shall either order a new trial or, if the nonmoving party agrees, modify the amount of damages awarded by the jury and enter a judg ment notwithstanding the verdict for such modified amount."
Section 3. Said article is further amended by adding a new Code Section 51-12-15 to read as follows:
"51-12-15. (a) For children or litigants who are incompetent or for good cause shown,

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the court may, on motion of either party, order that any amount of any judgment in excess of $500,000.00, less the out-of-pocket expenses incurred by the prevailing party for actual damages and reasonable attorney's fees and costs incurred by the prevailing party in the litigation, cause the judgment to be paid over a term of years, provided that the court finds:
(1) The party does not have or does not have access to the financial expertise to manage the judgment;
(2) There is a substantial likelihood that, in the absence of periodic payments, the judg ment may be dissipated and unavailable for the use of the prevailing party for the uses awarded; and
(3) The interests of justice require it.
(b) No periodic payment shall be ordered unless:
(1) The interest rate on the judgment is not less than the posted yields quoted by the Federal National Mortgage Association for 30 year mortgage commitments for delivery within 30 days, priced at par; and
(2) The person responsible for payment has a bond rating of AA by Standard and Poors rating service or a bond rating of A by the A.M. Best Company, Inc. rating service through out the term of the payments.
(c) A court which enters an order for periodic payment of damages shall retain jurisdic tion over the action and the parties to the action and any person liable for such payments until such time as all such payments have been made. In the event that the court orders periodic payments under this Code section, the party in whose favor the periodic payments are awarded shall have the right to petition the court to enforce the provisions of any such order and to require acceleration of the outstanding principal for any breach of the order; and the prevailing party may be awarded reasonable attorney's fees and costs in moving or responding to any such petition."
Section 4. This Act shall become effective July 1, 1986, and shall apply to causes of action arising on or after that date. This Act shall stand repealed in its entirety on July 1, 1989, and, at such time, the provisions of law affected by this Act shall be construed to read as if this Act had not been enacted as law by the General Assembly.
Section 5. All laws and parts of laws in conflict with this Act are repealed.
Senators Mine of the 52nd, Deal of the 49th and Allgood of the 22nd offered the follow ing amendment:
Amend the substitute to HB 1186 offered by the Senate Committee on Judiciary by striking from line 25 and line 26 of Page 2 the following:
"medicare, and Medicaid",
and inserting in lieu thereof the following:
"and medicare".
On the adoption of the amendment, the yeas were 29, nays 1, and the amendment was adopted.
Senators Howard of the 42nd, Baldwin of the 29th, Coleman of the 1st and five others offered the following substitute to HB 1186:
A BILL
To be entitled an Act 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 a limitation upon the amount of punitive and

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exemplary damages which may be awarded in certain actions; 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; to provide that the court may in certain cases order structured award or periodic payment of amounts awarded as future damages; to pro vide for continuing jurisdiction during the period of such payments; to require insurance or surety as a condition of ordering periodic payments; to require submission of insurers to the continuing jurisdiction of the court; to provide for apportionment of damages in verdicts and findings of fact; to provide for all matters related to the foregoing; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 12 of Title 51 of the Official Code of Georgia Annotated, relating to damages in tort actions, is amended by striking Code Section 51-12-1, relating to types of damages, and inserting in its place a new Code section to read as follows:
"51-12-1. (a) Damages may be either general or special, direct or consequential.
(b) Evidence of compensation for a tortious injury receivable from any and all collateral sources shall be admissible in determining the amount of any damages to be awarded, and the finder of fact is authorized but not required to consider such collateral sources of com pensation. Either party shall be allowed to introduce into evidence the costs incurred by the claimant for such benefits. For purposes of this subsection, a claim for tortious injury shall not be construed as including a claim for wrongful death."
Section 2. Said chapter is further amended by striking Code Section 51-12-5, relating to punitive or exemplary damages, and inserting in its place a new Code section to read as follows:
"51-12-5. (a) In a tort action in which there are aggravating circumstances, in either the act or the intention, the jury may give additional damages to deter the wrongdoer from repeating the trespass or as compensation for the wounded feelings of the plaintiff.
(b) The maximum amount of punitive or exemplary damages which may be awarded under this Code section or under Code Section 51-12-6 to any plaintiff against any defend ant shall be $500,000.00, except that this limitation shall not apply in the case of an inten tional tort and shall not have any application to any action in the nature of a products liability action."
Section 3. Said chapter is further amended by striking Code Section 51-12-12, relating to determination of damages, and inserting in its place a new Code section to read as follows:
"51-12-12. (a) The question of damages is ordinarily one for the jury; and the court should not interfere with the jury's discretion unless the damages are clearly so inadequate or so excessive as to be unwarranted by the evidence in the case.
(b) If the jury's verdict as to damages is clearly so inadequate or so excessive as to be unwarranted by the evidence, the trial court may either order a new trial or modify the amount of damages awarded by the jury and enter a judgment notwithstanding the verdict for such modified amount."
Section 4. Said chapter is further amended by adding a new Code Section 51-12-16 to read as follows:
"51-12-16. (a) In any action for a tort resulting in personal injury in which damages are awarded by the finder of fact for future medical treatment, for future care or custody, for loss of future earnings, for loss of use of bodily functions, for future pain and suffering, or for any combination of the foregoing, the court may, on motion of either party, if the inter ests of justice will so be best served, order that all or part of such damages be paid by a structured award or by periodic payments rather than by lump-sum payment.
(b) An order for periodic payment of future damages shall specify a schedule of pay ments which clearly identifies the amount of each payment, the time for each payment, and

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the recipient of each payment and may specify a rate or rates of interest to be applied to such payments. The schedule of payments shall be such as will, in the discretion of the court, provide adequate compensation for future damages as they occur while protecting the injured party from improvident expenditure and preventing unjust enrichment in the event of the death of the injured party prior to the incurring of future damages. Such a schedule of payments, once incorporated in a final judgment of the court, shall be subject to modifi cation only upon the death of the party entitled to such payments. Upon the death of the party entitled to such payments, all obligations of the judgment creditor to make future such payments shall cease, except that the dependents of the deceased shall thereafter be entitled to receive such future payments as were awarded for loss of future earnings.
(c) A court which enters an order for periodic payment of damages shall retain jurisdic tion over the action and the parties to the action and any insurer liable for such payments until such time as all such payments have been made, such continuing jurisdiction being for the purpose of enforcing payment of any amounts not paid as they come due.
(d) An order for periodic payments shall be entered only if:
(1) The court finds that a financially sound commercial insurer will be legally liable to make such payments as they come due and such insurer consents to becoming subject to the continuing jurisdiction of the court for enforcement of such payments in the same manner as the party against whom such payments are awarded; or
(2) The party against whom such payments are awarded is required to post adequate surety to ensure that each of such payments will be made as it comes due, the terms and conditions of such surety to be determined by the court.
(e) Any party who is liable for periodic payments and who willfully fails to make such payments when due shall be subject to punishment for contempt of court and shall be liable for any attorney's fees and other reasonable expenses incurred by the party entitled to such payments in enforcing such payments. If the party against whom payments are awarded willfully and habitually fails to make such payments when due, the court shall after notice and hearing enter a judgment, enforceable as any other money judgment, for immediate payment of all unpaid payments.
(f) In any action which may be subject to this Code section, the court shall upon motion direct the jury to identify separately in its verdict for damages, if any, damages for loss of future earnings, other future damages, and damages other than future damages. In the ab sence of a timely motion for and entry of such a special verdict, no order for periodic pay ments shall be entered.
(g) Upon establishing to the satisfaction of the court that no further amounts are due, the party who was liable for periodic payments shall be entitled to a final order closing the action, releasing any surety, and releasing the party from the jurisdiction of the court."
Section 5. This Act shall become effective July 1, 1986, and shall apply to causes of action arising on or after that date.
Section 6. All laws and parts of laws in conflict with this Act are repealed.
Senators Barnes of the 33rd, Hudgins of the 15th, Allgood of the 22nd, Greene of the 26th and Deal of the 49th offered the following amendment:
Amend the substitute to HB 1186 offered by Senators Howard of the 42nd, Baldwin of the 29th, Coleman of the 1st and five others, by adding a new Section 5 to read as follows:
"Within 12 months of the effective date of this Act all insurance carriers providing coverage for medical negligence or medical malpractice shall reduce premiums for medical negligence or medical malpractice coverage by thirty-three and one third percent from the rate for such coverage on the effective date of this Act. Such insurance carrier shall not thereafter increase such premiums for a period of five years after the initial twelve month period";

THURSDAY, FEBRUARY 27, 1986

1409

and by renumbering Section 5 and 6 "Section 6" and "Section 7" respectively.

Senators Barnes of the 33rd and Hudgins of the 15th offered the following amendment:

Amend the amendment offered by Senators Barnes of the 33rd, Hudgins of the 15th, Allgood of the 22nd, Greene of the 26th and Deal of the 49th to the substitute to HB 1186 offered by Senators Howard of the 42nd, Baldwin of the 29th, Coleman of the 1st and five others, by striking
"medical malpractice or medical negligence"
and insert the following:
"property, casualty or liability insurance".

On the adoption of the amendment, the yeas were 43, nays 4, and the amendment was adopted.

On the adoption of the amendment offered by Senators Barnes of the 33rd, Hudgins of the 15th, Allgood of the 22nd, Greene of the 26th and Deal of the 49th, as amended, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Broun of 46th Burton Coleman Dawkins Deal

English Engram Foster Garner Gillis Greene Horton Hudgins Kennedy

Land Langford McGill Peevy Phillips Ray Reddish Scott of 2nd Trulock

Those voting in the negative were Senators:

Albert Bond Bowen
Brantle" Brown'of 47th Cobb Coverdell Dean Fincher

Harris Harrison Hine
Holloway Howard Huggms Kidd McKenzie Perry

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

Not voting was Senator Bryant.

On the adoption of the amendment, the yeas were 27, nays 28, and the amendment offered by Senators Barnes of the 33rd, Hudgins of the 15th, Allgood of the 22nd, Greene of the 26th and Deal of the 49th to the substitute to HB 1186 offered by Senators Howard of the 42nd, Baldwin of the 29th, Coleman of the 1st and five others, was lost.

Senator Barnes of the 33rd moved that the Senate reconsider its action in defeating the amendment offered by Senators Barnes of the 33rd, Hudgins of the 15th, Allgood of the

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22nd, Greene of the 26th and Deal of the 49th to the substitute to HB 1186 offered by Senators Howard of the 42nd, Baldwin of the 29th, Coleman of the 1st and five others.

On the motion, the yeas were 28, nays 20; the motion prevailed, and the amendment was reconsidered.

On the adoption of the amendment offered by Senators Barnes of the 33rd, Hudgins of the 15th, Allgood of the 22nd, Greene of the 26th and Deal of the 49th, the President or dered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Bond Broun of 46th Brown of 47th Bryant Burton Coleman Dawkins

Deal English Engram Foster Garner Gillis Greene Horton Hudgins Kennedy

Land Langford McGill peevy Phillips 0*** u Reddish Scott of 2nd Scott of 36th Trulock

Those voting in the negative were Senators:

Albert Bowen Brannon
C^tley Coverdell Dean Fincher Harris

Harrison Hine Holloway
Howard Huggins Kidd McKenzie Perry

Starr Stumbaugh Tate
Timmons Tolleson Turner Tysinger Walker

On the adoption of the amendment, the yeas were 31, nays 25, and the amendment offered by Senators Barnes of the 33rd, Hudgins of the 15th, Allgood of the 22nd, Greene of the 26th and Deal of the 49th to the substitute to HB 1186 offered by Senators Howard of the 42nd, Baldwin of the 29th, Coleman of the 1st and five others, was adopted.

Senators Gillis of the 20th and English of the 21st offered the following amendment:

Amend the substitute to HB 1186 offered by Senators Howard of the 42nd, Baldwin of the 29th, Coleman of the 1st and five others, by renumbering Section 6 as Section 7 and adding a new Section 6 to read as follows:
"Section 6. Twelve months after the effective date of this Act, if no claims have been made by the insured, medical malpractice and liability premiums must be reduced by 25%."

Senator Gillis of the 20th asked unanimous consent to withdraw the amendment offered by Senators Gillis of the 20th and English of the 21st; the consent was granted, and the amendment was withdrawn.

Senators Deal of the 49th, Barnes of the 33rd, Peevy of the 48th and Allgood of the 22nd offered the following amendment:

Amend the substitute to HB 1186 offered by Senators Howard of the 42nd, Baldwin of

THURSDAY, FEBRUARY 27, 1986

1411

the 29th, Coleman of the 1st and five others, by striking all of line 30, Page 3, and the words "such payments." on line 31, Page 3, and substituting in lieu thereof the following:
"shall specify that such payments shall include interest upon the principal amount recov ered at a rate of interest that is at least equal to the legal rate of interest established by law for judgments."
On the adoption of the amendment, the yeas were 37, nays 6, and the amendment of fered by Senators Deal of the 49th, Barnes of the 33rd, Peevy of the 48th and Allgood of the 22nd to the substitute to HB 1186 offered by Senators Howard of the 42nd, Baldwin of the 29th, Coleman of the 1st and five others, was adopted.
Senators Deal of the 49th, Barnes of the 33rd, Peevy of the 48th and Allgood of the 22nd offered the following amendment:
Amend the substitute to HB 1186 offered by Senators Howard of the 42nd, Baldwin of the 29th, Coleman of the 1st and five others, by substituting a new subparagraph (g) on line 20, Page 5 as follows:
"(g) In any action in which the jury is directed to identify separate items of damage in accordance with subparagraph (f) of this Code section, the court shall instruct the jury that they shall not reduce the value of lost future earnings or other future damages to present cash value.";
and
by renumbering the present subparagraph "(g)" as "(h)".
On the adoption of the amendment, the yeas were 39, nays 0, and the amendment of fered by Senators Deal of the 49th, Barnes of the 33rd, Peevy of the 48th and Allgood of the 22nd to the substitute to HB 1186 offered by Senators Howard of the 42nd, Baldwin of the 29th, Coleman of the 1st and five others, was adopted.
Senator Howard of the 42nd offered the following amendment:
Amend the substitute to HB 1186 offered by Senators Howard of the 42nd, Baldwin of the 29th, Coleman of the 1st and five others, by adding the following at Page 5, line 28 after the word "date.":
"This Act shall expire five years from the effective date hereof."
Senator Howard of the 42nd asked unanimous consent to withdraw the amendment offered by Senator Howard of the 42nd; the consent was granted, and the amendment was withdrawn.
Senators Deal of the 49th, Barnes of the 33rd, Peevy of the 48th and Allgood of the 22nd offered the following amendment:
Amend the substitute to HB 1186 offered by Senators Howard of the 42nd, Baldwin of the 29th, Coleman of the 1st and five others, by striking lines 26 through 28 on Page 5 and substituting in lieu thereof the following:
"Section 5. This Act shall become effective July 1, 1986, and shall apply to causes of action arising on or after that date. This Act shall stand repealed in its entirety on July 1, 1989, and, at such time, the provisions of law affected by this Act shall be construed to read as if this Act had not been enacted as law by the General Assembly."
On the adoption of the amendment, the yeas were 40, nays 8, and the amendment of fered by Senators Deal of the 49th, Barnes of the 33rd, Peevy of the 48th and Allgood of the

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22nd to the substitute to HB 1186 offered by Senators Howard of the 42nd, Baldwin of the 29th, Coleman of the 1st and five others, was adopted.
Senators Coleman of the 1st, Stumbaugh of the 55th, McKenzie of the 14th, Garner of the 30th and Broun of the 46th offered the following amendment:
Amend the substitute to HB 1186 offered by Senators Howard of the 42nd, Baldwin of the 29th, Coleman of the 1st and five others, by adding after the semicolon on line 18 of Page 1 the following:
"to provide that, in actions for personal injury, damages other than special damages shall be apportioned among multiple defendants according to fault and shall not be subject to joint liability or to any right of contribution;".
By renumbering Sections 5 and 6 as Sections 6 and 7, respectively, and inserting after Section 4 a new Section 5 to read as follows:
"Section 5. Said chapter is further amended by adding a new Code Section 51-12-33 to read as follows:
'51-12-33. (a) As used in this Code section, the term "noneconomic damages" means all damages other than special damages and includes, without limiting the generality of the foregoing, punitive damages and damages for pain and suffering.
(b) If there are multiple defendants in an action for personal injury, the court shall direct the jury in its award of damages, if any, to make separate awards of special damages and noneconomic damages. The court shall further instruct the jury that its award of noneconomic damages, if any, shall be apportioned among the defendants who are liable, according to the degree of fault of each such defendant. If an action for personal injury is tried without a jury, the judge as finder of fact shall likewise so apportion any noneconomic damages awarded.
(c) Noneconomic damages awarded as provided in this Code section shall be the liabil ity of only the defendant against whom they are awarded, shall not be a joint liability, and shall not be subject to any right of contribution. Special damages awarded in cases subject to this Code section shall be subject to the rules of joint and several liability and contribu tion as in other cases.' "
On the adoption of the amendment, the yeas were 41, nays 5, and the amendment of fered by Senators Coleman of the 1st, Stumbaugh of the 55th, McKenzie of the 14th, Garner of the 30th and Broun of the 46th to the substitute to HB 1186 offered by Senators Howard of the 42nd, Baldwin of the 29th, Coleman of the 1st and five others, was adopted.
Senators Barker of the 18th and Scott of the 2nd offered the following amendment:
Amend the substitute to HB 1186 offered by Senators Howard of the 42nd, Baldwin of the 29th, Coleman of the 1st and five others, by renumbering Section 6 as Section 7 and adding a new Section 6 to read as follows:
"Section 6. Twelve months after the effective date of this Act, if no claims have been made by the insured, medical malpractice and liability premiums must be reduced by 25%."
Senator Barker of the 18th offered the following amendment:
Amend the amendment offered by Senators Barker of the 18th and Scott of the 2nd to the substitute to HB 1186 offered by Senators Howard of the 42nd, Baldwin of the 29th, Coleman of the 1st and five others, by adding on line 6 of the amendment after the word "by" the following:
"or against".

THURSDAY, FEBRUARY 27, 1986

1413

On the adoption of the amendment offered by Senator Barker of the 18th, the yeas were 32, nays 6, and the amendment was adopted.

On the adoption of the amendment offered by Senators Barker of the 18th and Scott of the 2nd, as amended, to the substitute to HB 1186 offered by Senators Howard of the 42nd, Baldwin of the 29th, Coleman of the 1st and five others, the yeas were 28, nays 16, and the amendment was adopted as amended.

Senator Allgood of the 22nd offered the following amendment:

Amend the substitute to HB 1186 offered by Senators Howard of the 42nd, Baldwin of the 29th, Coleman of the 1st and five others, by adding subparagraph (c), following subparagraph (b), Code 51-12-1, on Page 2, following line 12:
"(c) Evidence of liability insurance shall be admissible for consideration by the jury."

On the adoption of the amendment, the yeas were 21, nays 21, and the amendment offered by Senator Allgood of the 22nd to the substitute to HB 1186 offered by Senators Howard of the 42nd, Baldwin of the 29th, Coleman of the 1st and five others, was lost.

On the adoption of the substitute to HB 1186 offered by the Senate Committee on Judiciary, as amended, 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:

Allgood Burton Dawkins

Deal Engram Greene

Hine Langford Peevy

Those voting in the negative were Senators:

Albert Baldwin Barker Barnes
B"1"1 f owen Bwntle" Broun rf 46th Brown of 47th Cobb Coleman Coverdell Dean English Fincher

Foster Garner Gillis Harris
Harrison Holloway Hort0n "oward Hudgms Huggms Kennedy Kidd Land McGill McKenzie

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

Not voting was Senator Bryant.

On the adoption of the substitute to HB 1186 offered by the Senate Committee on Judiciary, the yeas were 9, nays 46, and the substitute was lost.

On the adoption of the substitute to HB 1186 offered by Senators Howard of the 42nd, Baldwin of the 29th, Coleman of the 1st and five others, as amended, Senator Hine of the 52nd called for the yeas and nays; the call was sustained, and the vote was as follows:

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Those voting in the affirmative were Senators:

Albert
Allgood Baldwin Barker Barnes Bond Bowen Brannon o rantley, ,,. u Broun of 46th BBuryrtaonnt
Cobb
Coleman
Coverdell
Dean
English

Engram
Fincher Foster Garner Gillis Greene Harris Harnson Holtoway Horton HHouwdgairnds
Huggins
Kennedy
Kidd
Land
Langford

McGill
McKenzie Perry Phillips Ray Reddish Scott of 2ncj Scott of 36th Stumbaugh T ^*n. imons
Tolleson
Trulock
Turner
Tysinger
Walker

Those voting in the negative were Senators:

Brown of 47th

Deal

Dawkins

Hine

Peevy Starr

On the adoption of the substitute to HB 1186 offered by Senators Howard of the 42nd, Baldwin of the 29th, Coleman of the 1st and five others, the yeas were 50, nays 6, 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 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
Bond Bowen Brannon Brantley
Broun of 46th Bryant Burton Cobb Coleman Coverdell Deal Dean

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

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

Those voting in the negative were Senators:

Brown of 47th Dawkins

Hine Peevy

Starr

THURSDAY, FEBRUARY 27, 1986

1415

On the passage of the bill, the yeas were 51, nays 5.
The bill, having received the requisite constitutional majority, was passed by substitute.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House and Senate:
HB 1627. By Representative Benn of the 38th: 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 Atlanta to incur bonded indebtedness to the extent of $45 million for school facilities and equip ment without a referendum.
HB 1955. By Representatives Yeargin of the 14th, Clark of the 13th and Milford of the 13th: A bill to amend an Act creating and incorporating the City of Comer, so as to change the term of office of the mayor.
HB 1976. By Representatives Peters of the 2nd and Ramsey of the 3rd: A bill to amend an Act creating the office of tax commissioner of Catoosa County, so as to change provisions relating to the compensation of the tax com missioner; to increase the amount payable for help in that office.
HB 1990. By Representative Sizemore of the 136th: A bill to provide for the election of a chairman and four members of the Worth County Board of Education; to provide the manner of election; to provide for education districts.
HB 2004. By Representative Russell of the 64th: A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Barrow County during designated regis tration periods as provided in Code Section 40-2-20.1 of the Official Code of Georgia Annotated.
HB 2006. By Representatives Williams of the 6th, Foster of the 6th and Ramsey of the 3rd: A bill to amend an Act creating the board of commissioners of Whitfield County, so as to change the composition and method of election of the board of commis sioners of Whitfield County.
HB 2007. By Representative Cummings of the 17th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Rockmart Development Au thority (Res. Act No. 48).
HB 2008. By Representative Greene of the 130th: A bill to amend an Act creating a new charter for the City of Richland in the County of Stewart, so as to include certain property in the corporate limits of the city.

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HB 2009. By Representatives Twiggs of the 4th, Jamieson of the llth, Colwell of the 4th and Dover of the llth: A bill to amend an Act providing for an investigator for the District Attorney of the Mountain Judicial Circuit, so as to change the provisions relating to the com pensation of the investigator.
HB 2010. By Representative Carter of the 146th: A bill to provide for the election of the members of the Cook County Board of Education; to provide for election districts; to provide for election of the chairman.
HB 2011. By Representative Carter of the 146th: A bill to amend an Act creating a board of commissioners of Cook County, so as to provide for the election of a five-member board of commissioners; to provide for commissioner districts.
HB 2012. By Representatives Isakson of the 21st, Johnson of the 21st, Wilson of the 20th, Burruss of the 20th, Wilder of the 21st and others: A bill to amend an Act creating the Cobb-Marietta Coliseum and Exhibit Hall Authority, so as to provide for the appointment of members of the authority.
HB 2013. By Representative Royal of the 144th: A bill to amend an Act providing a new charter for the City of Pelham, so as to provide for the election and terms of the mayor and council members; to provide for districts and election from districts; to provide for residency requirements.
HB 2014. By Representative Royal of the 144th: A bill to amend an Act providing a new charter for the City of Pelham, so as to provide for the election and terms of office of the board of education of the pub lic school system of the city; to provide for residency requirements.
HB 2016. By Representatives Jamieson of the llth and Dover of the llth: A bill to amend an Act creating a board of commissioners for Habersham County, so as to change the compensation of the chairman and the members of the board.
HB 2017. By Representatives Lane of the lllth and Godbee of the 110th: A bill to amend an Act placing the clerk of the Superior Court of Bulloch County on an annual salary, so as to change the compensation of the employees of the clerk.
HB 2018. By Representatives Lane of the lllth and Godbee of the 110th: A bill to amend an Act placing the judge of the Probate Court of Bulloch County upon an annual salary, so as to change the compensation of the clerk of the judge of the probate court; to provide for part-time employees.
HB 2019. By Representatives Lane of the lllth and Godbee of the 110th: A bill to amend an Act creating the office of tax commissioner of Bulloch County, so as to change the compensation of the assistants of the tax commissioner; to provide for part-time clerical employees.

THURSDAY, FEBRUARY 27, 1986

1417

HB 2020. By Representatives Lane of the lllth and Godbee of the 110th:
A bill to amend an Act placing the coroner of Bulloch County on an annual sal ary, so as to change the compensation of the coroner; to provide for travel expenses.
HB 2021. By Representatives Watts of the 41st, Kilgore of the 42nd and Lee of the 70th:
A bill to amend an Act placing the coroner of Douglas County on a salary in lieu of a fee basis of compensation, so as to change the compensation of the coroner.
HB 2022. By Representative Smith of the 78th:
A bill to amend an Act creating a board of commissioners of Butts County, so as to provide for the selection of a vice chairman to act in the absence of the chair man; to provide for vacancies if members move their residence from the district from which they were elected.
HB 2023. By Representative Edwards of the 112th:
A bill to amend an Act providing for education districts for the election of mem bers of the board of education of Marion County, so as to provide for the manner of electing the first and subsequent members of the board of education of Marion County.
HB 2024. By Representative Edwards of the 112th:
A bill to amend an Act creating a board of commissioners of Marion County, so as to reapportion the commissioner districts in said county; to provide for the election of members of the board of commissioners from commissioner districts.
HB 2025. By Representatives Chambless of the 133rd, Balkcom of the 140th and Young of the 134th:
A bill to amend an Act creating the Dougherty Judicial Circuit, so as to change the county supplements for the judges of that circuit.
HB 2026. By Representatives Chambless of the 133rd, Balkcom of the 140th and Young of the 134th:
A bill to amend an Act creating the State Court of Dougherty County, formerly known as the City Court of Albany, so as to change provisions concerning costs and fees.
HB 2027. By Representatives Chambless of the 133rd, Balkcom of the 140th and Young of the 134th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Dougherty County during designated re gistration periods as provided in Code Section 40-2-20.1 of the Official Code of Georgia Annotated.
HB 2028. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Johnson of the 72nd and Holcomb of the 72nd:
A bill to increase the homestead exemption from county ad valorem taxes for residents of Clayton County who own and occupy their residences; to increase the homestead exemption from county ad valorem taxes for residents of Clayton County who are 65 years of age or over and who own and occupy their residences if the net income of said residents does not exceed $4,000.00 for the immediately preceding taxable year.

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HB 2029. By Representatives Lee of the 72nd, Johnson of the 72nd, Bailey of the 72nd, Holcomb of the 72nd and Benefield of the 72nd:
A bill to provide that the term of office of the chairman of the board of education of Clayton County shall be two years; to provide that the chairman shall be eligi ble for reelection to subsequent terms of office; to provide for filling vacancies in the office of chairman.
HB 2030. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd and Holcomb of the 72nd:
A bill to amend an Act changing the composition of and manner of selection of the members of the board of education of Clayton County, so as to change the method of filling vacancies on the board.
HB 2031. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72'nd, Benefield of the 72nd and Holcomb of the 72nd: A bill to amend an Act creating the board of commissioners of Clayton County, so as to change the method of selecting the vice-chairman; to change the compen sation of the chairman and other members of the board.
HB 2032. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd and Holcomb of the 72nd: A bill to amend an Act providing for a supplement to the salaries of the judges of the Superior Court of the Clayton Judicial Circuit, so as to change the county supplement to the state salary of said judges.
HB 2033. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd and Holcomb of the 72nd: A bill to amend an Act placing the judge of the Probate Court of Clayton County on an annual salary, so as to change the compensation of said officer.
HB 2034. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd and Holcomb of the 72nd:
A bill to amend an Act placing the sheriff and clerk of the Superior Court of Clayton Court on an annual salary, so as to change the compensation of said officers; to change the compensation of the deputy clerk of the superior court.
HB 2035. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd and Holcomb of the 72nd:
A bill to amend an Act creating the State Court of Clayton County, so as to create the office of deputy clerk of the State Court of Clayton County; to author ize the clerk of the State Court of Clayton County to appoint and fix the com pensation of said deputy clerk.
HB 2036. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd and Holcomb of the 72nd:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Clayton County into the office of tax commissioner, so as to change the provi sions relative to the compensation of the tax commissioner; to change the provi sions relative to the compensation of the deputy tax commissioner.
HB 2037. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd and Holcomb of the 72nd: A bill to amend an Act providing for the compensation and expenses of the coro ner of Clayton County, so as to change the compensation of the coroner.

THURSDAY, FEBRUARY 27, 1986

1419

HB 2038. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd and Holcomb of the 72nd:
A bill to amend an Act providing for a county supplement to the state salary of the district attorney of the Clayton Judicial Circuit, so as to change the amount of said supplement.
HB 2039. By Representatives Bailey of the 72nd, Benefield of the 72nd, Lee of the 72nd, Johnson of the 72nd and Holcomb of the 72nd:
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 board of education and school superintendent of Clayton County.
HB 2040. By Representatives Bailey of the 72nd, Benefield of the 72nd, Lee of the 72nd, Johnson of the 72nd and Holcomb of the 72nd:
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 creation of a civil service system for all persons other than elected officials whose wages or salaries are paid in whole or part out of the funds of Clayton County.
HB 2041. By Representatives Bailey of the 72nd, Benefield of the 72nd, Lee of the 72nd, Johnson of the 72nd and Holcomb of the 72nd:
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 licensing and regu lation of businesses in the unincorporated areas of Clayton County.
HB 2042. By Representatives Bailey of the 72nd, Benefield of the 72nd, Lee of the 72nd, Johnson of the 72nd and Holcomb of the 72nd:
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 empower the governing authority of Clayton County to adopt ordinances and to provide penalties for violating ordinances.
HB 2043. By Representatives Bailey of the 72nd, Benefield of the 72nd, Lee of the 72nd, Johnson of the 72nd and Holcomb of the 72nd:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which authorizes Clayton County to in cur additional indebtedness and issue bonds for the purpose of establishing a system of waterworks and sewerage.
HB 2044. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and others:
A bill to amend an Act establishing a new charter for the City of College Park, so as to annex certain contiguous property into the corporate limits of said city.
HB 2045. By Representatives Ware of the 77th and Milam of the 81st:
A bill to amend an Act creating the Mountville Water Authority, so as to change certain provisions relating to the creation of the authority; to change certain pro visions relating to the issuance of revenue bonds; to change certain provisions relating to the negotiability of revenue bonds.
HB 2046. By Representatives Lane of the lllth and Godbee of the 110th:
A bill to amend an Act placing the sheriff of Bulloch County upon an annual salary, so as to change the compensation of the deputies and office clerk of the sheriff; to authorize the sheriff to expend county funds in excess of certain limi-

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tations with the approval of the board of county commissioners in order to com ply with the overtime pay provisions of the federal Fair Labor Standards Act.
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.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
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, approved March 23, 1977 (Ga. L. 1977, p. 3541), as amended, so as to deannex and exclude certain property from the city purposes.
The House has passed by the requisite constitutional majority the following bills of the Senate:
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 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.
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 a business or profession without a proper license; to provide for cease and desist orders.
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.
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.

THURSDAY, FEBRUARY 27, 1986

1421

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 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 officer's power to necessary people in his employment.
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 and for other purposes.
The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate:
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.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate:
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 328. By Senators Tolleson of the 32nd, Harrison of the 37th, Brantley of the 56th and others:
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.

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The House has agreed to the Senate substitute to the following bill of the House:
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.
The House has disagreed to the Senate substitute to the following bills of the House:
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 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 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.
The House insists on its position in substituting the following bill of the Senate:
SB 45, By Senators Bryant of the 3rd and Allgood of the 22nd: A bill to amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to records required to be kept by the Department of Public Safety and restrictions on the access to such records, so as to authorize the Department of Public Safety to disseminate certain information from its records to certain gov ernmental agencies or units of this state and of the United States having legiti mate governmental needs therefor.
The House has agreed to the Senate amendments to the following bills of the House:
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.

THURSDAY, FEBRUARY 27, 1986

1423

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 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 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 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.
The following bills of the House were read the first time and referred to committee:
HB 1627. By Representative Benn of the 38th: 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 Atlanta to incur bonded indebtedness to the extent of $45 million for school facilities and equip ment without a referendum.
Referred to Committee on Urban and County Affairs.
HB 1955. By Representatives Yeargin of the 14th, Clark of the 13th and Milford of the 13th: A bill to amend an Act creating and incorporating the City of Comer, so as to change the term of office of the mayor.
Referred to Committee on Urban and County Affairs.
HB 1976. By Representatives Peters of the 2nd and Ramsey of the 3rd: A bill to amend an Act creating the office of tax commissioner of Catoosa County, so as to change provisions relating to the compensation of the tax com missioner; to increase the amount payable for help in that office.
Referred to Committee on Urban and County Affairs.
HB 1990. By Representative Sizemore of the 136th: A bill to provide for the election of a chairman and four members of the Worth County Board of Education; to provide the manner of election; to provide for education districts.
Referred to Committee on Urban and County Affairs.

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HB 2004. By Representative Russell of the 64th: A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Barrow 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 2006. By Representatives Williams of the 6th, Foster of the 6th and Ramsey of the 3rd: A bill to amend an Act creating the board of commissioners of Whitfield County, so as to change the composition and method of election of the board of commis sioners of Whitfield County.
Referred to Committee on Urban and County Affairs.
HB 2007. By Representative Cummings of the 17th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Rockmart Development Au thority (Res. Act No. 48).
Referred to Committee on Urban and County Affairs.
HB 2008. By Representative Greene of the 130th: A bill to amend an Act creating a new charter for the City of Richland in the County of Stewart, so as to include certain property in the corporate limits of the city.
Referred to Committee on Urban and County Affairs.
HB 2009. By Representatives Twiggs of the 4th, Jamieson of the llth, Colwell of the 4th and Dover of the llth:
A bill to amend an Act providing for an investigator for the District Attorney of the Mountain Judicial Circuit, so as to change the provisions relating to the com pensation of the investigator. Referred to Committee on Urban and County Affairs.
HB 2010. By Representative Carter of the 146th: A bill to provide for the election of the members of the Cook County Board of Education; to provide for election districts; to provide for election of the chairman.
Referred to Committee on Urban and County Affairs.
HB 2011. By Representative Carter of the 146th:
A bill to amend an Act creating a board of commissioners of Cook County, so as to provide for the election of a five-member board of commissioners; to provide for commissioner districts. Referred to Committee on Urban and County Affairs.
HB 2012. By Representatives Isakson of the 21st, Johnson of the 21st, Wilson of the 20th, Burruss of the 20th, Wilder of the 21st and others: A bill to amend an Act creating the Cobb-Marietta Coliseum and Exhibit Hall Authority, so as to provide for the appointment of members of the authority.
Referred to Committee on Urban and County Affairs.

THURSDAY, FEBRUARY 27, 1986

1425

HB 2013. By Representative Royal of the 144th: A bill to amend an Act providing a new charter for the City of Pelham, so as to provide for the election and terms of the mayor and council members; to provide for districts and election from districts; to provide for residency requirements.
Referred to Committee on Urban and County Affairs.
HB 2014. By Representative Royal of the 144th: A bill to amend an Act providing a new charter for the City of Pelham, so as to provide for the election and terms of office of the board of education of the pub lic school system of the city; to provide for residency requirements.
Referred to Committee on Urban and County Affairs.
HB 2016. By Representatives Jamieson of the llth and Dover of the llth: A bill to amend an Act creating a board of commissioners of Habersham 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 2017. By Representatives Lane of the lllth and Godbee of the 110th: A bill to amend an Act placing the clerk of the Superior Court of Bulloch County on an annual salary, so as to change the compensation of the employees of the clerk.
Referred to Committee on Urban and County Affairs.
HB 2018. By Representatives Lane of the lllth and Godbee of the 110th: A bill to amend an Act placing the judge of the Probate Court of Bulloch County upon an annual salary, so as to change the compensation of the clerk of the judge of the probate court; to provide for part-time employees.
Referred to Committee on Urban and County Affairs.
HB 2019. By Representatives Lane of the lllth and Godbee of the 110th: A bill to amend an Act creating the office of tax commissioner of Bulloch County, so as to change the compensation of the assistants of the tax commissioner; to provide for part-time clerical employees.
Referred to Committee on Urban and County Affairs.
HB 2020. By Representatives Lane of the lllth and Godbee of the 110th: A bill to amend an Act placing the coroner of Bulloch County on an annual sal ary, so as to change the compensation of the coroner; to provide for travel expenses.
Referred to Committee on Urban and County Affairs.
HB 2021. By Representatives Watts of the 41st, Kilgore of the 42nd and Lee of the 70th: A bill to amend an Act placing the coroner of Douglas County on a salary in lieu of a fee basis of compensation, so as to change the compensation of the coroner.
Referred to Committee on Urban and County Affairs.
HB 2022. By Representative Smith of the 78th: A bill to amend an Act creating a board of commissioners of Butts County, so as to provide for the selection of a vice chairman to act in the absence of the chair man; to provide for vacancies if members move their residence from the district from which they were elected.
Referred to Committee on Urban and County Affairs.

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HB 2023. By Representative Edwards of the 112th:
A bill to amend an Act providing for education districts for the election of mem bers of the board of education of Marion County, so as to provide for the manner of electing the first and subsequent members of the board of education of Marion County. Referred to Committee on Urban and County Affairs.
HB 2024. By Representative Edwards of the 112th:
A bill to amend an Act creating a board of commissioners of Marion County, so as to reapportion the commissioner districts in said county; to provide for the election of members of the board of commissioners from commissioner districts. Referred to Committee on Urban and County Affairs.
HB 2025. By Representatives Chambless of the 133rd, Balkcom of the 140th and Young of the 134th:
A bill to amend an Act creating the Dougherty Judicial Circuit, so as to change the county supplements for the judges of that circuit. Referred to Committee on Urban and County Affairs.
HB 2026. By Representatives Chambless of the 133rd, Balkcom of the 140th and Young of the 134th:
A bill to amend an Act creating the State Court of Dougherty County, formerly known as the City Court of Albany, so as to change provisions concerning costs and fees. Referred to Committee on Urban and County Affairs.
HB 2027. By Representatives Chambless of the 133rd, Balkcom of the 140th and Young of the 134th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Dougherty 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 2028. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Johnson of the 72nd and Holcomb of the 72nd:
A bill to increase the homestead exemption from county ad valorem taxes for residents of Clayton County who own and occupy their residences; to increase the homestead exemption from county ad valorem taxes for residents of Clayton County who are 65 years of age or over and who own and occupy their residences if the net income of said residents does not exceed $4,000.00 for the immediately preceding taxable year. Referred to Committee on Urban and County Affairs.
HB 2029. By Representatives Lee of the 72nd, Johnson of the 72nd, Bailey of the 72nd, Holcomb of the 72nd and Benefield of the 72nd:
A bill to provide that the term of office of the chairman of the board of education of Clayton County shall be two years; to provide that the chairman shall be eligi ble for reelection to subsequent terms of office; to provide for filling vacancies in the office of chairman. Referred to Committee on Urban and County Affairs.

THURSDAY, FEBRUARY 27, 1986

1427

HB 2030. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd and Holcomb of the 72nd:
A bill to amend an Act changing the composition of and manner of selection of the members of the board of education of Clayton County, so as to change the method of filling vacancies on the board. Referred to Committee on Urban and County Affairs.
HB 2031. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd and Holcomb of the 72nd:
A bill to amend an Act creating the board of commissioners of Clayton County, so as to change the method of selecting the vice-chairman; to change the compen sation of the chairman and other members of the board. Referred to Committee on Urban and County Affairs.
HB 2032. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd and Holcomb of the 72nd:
A bill to amend an Act providing for a supplement to the salaries of the judges of the Superior Court of the Clayton Judicial Circuit, so as to change the county supplement to the state salary of said judges. Referred to Committee on Urban and County Affairs.
HB 2033. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd and Holcomb of the 72nd:
A bill to amend an Act placing the judge of the Probate Court of Clayton County on an annual salary, so as to change the compensation of said officer. Referred to Committee on Urban and County Affairs.
HB 2034. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd and Holcomb of the 72nd:
A bill to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, so as to change the compensation of said officers; to change the compensation of the deputy clerk of the superior court. Referred to Committee on Urban and County Affairs.
HB 2035. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd and Holcomb of the 72nd:
A bill to amend an Act creating the State Court of Clayton County, so as to create the office of deputy clerk of the State Court of Clayton County; to author ize the clerk of the State Court of Clayton County to appoint and fix the com pensation of said deputy clerk. Referred to Committee on Urban and County Affairs.
HB 2036. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd and Holcomb of the 72nd:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Clayton County into the office of tax commissioner, so as to change the provi sions relative to the compensation of the tax commissioner; to change the provi sions relative to the compensation of the deputy tax commissioner. Referred to Committee on Urban and County Affairs.

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HB 2037. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd and Holcomb of the 72nd:
A bill to amend an Act providing for the compensation and expenses of the coro ner of Clayton County, so as to change the compensation of the coroner. Referred to Committee on Urban and County Affairs.
HB 2038. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd and Holcomb of the 72nd:
A bill to amend an Act providing for a county supplement to the state salary of the district attorney of the Clayton Judicial Circuit, so as to change the amount of said supplement. Referred to Committee on Urban and County Affairs.
HB 2039. By Representatives Bailey of the 72nd, Benefield of the 72nd, Lee of the 72nd, Johnson of the 72nd and Holcomb of the 72nd:
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 board of education and school superintendent of Clayton County. Referred to Committee on Urban and County Affairs.
HB 2040. By Representatives Bailey of the 72nd, Benefield of the 72nd, Lee of the 72nd, Johnson of the 72nd and Holcomb of the 72nd:
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 creation of a civil service system for all persons other than elected officials whose wages or salaries are paid in whole or part out of the funds of Clayton County. Referred to Committee on Urban and County Affairs.
HB 2041. By Representatives Bailey of the 72nd, Benefield of the 72nd, Lee of the 72nd, Johnson of the 72nd and Holcomb of the 72nd:
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 licensing and regu lation of businesses in the unincorporated areas of Clayton County. Referred to Committee on Urban and County Affairs.
HB 2042. By Representatives Bailey of the 72nd, Benefield of the 72nd, Lee of the 72nd, Johnson of the 72nd and Holcomb of the 72nd:
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 empower the governing authority of Clayton County to adopt ordinances and to provide penalties for violating ordinances. Referred to Committee on Urban and County Affairs.
HB 2043. By Representatives Bailey of the 72nd, Benefield of the 72nd, Lee of the 72nd, Johnson of the 72nd and Holcomb of the 72nd:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which authorizes Clayton County to in cur additional indebtedness and issue bonds for the purpose of establishing a system of waterworks and sewerage. Referred to Committee on Urban and County Affairs.

THURSDAY, FEBRUARY 27, 1986

1429

HB 2044. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and others:
A bill to amend an Act establishing a new charter for the City of College Park, so as to annex certain contiguous property into the corporate limits of said city. Referred to Committee on Urban and County Affairs.
HB 2045. By Representatives Ware of the 77th and Milam of the 81st: A bill to amend an Act creating the Mountville Water Authority, so as to change certain provisions relating to the creation of the authority; to change certain pro visions relating to the issuance of revenue bonds; to change certain provisions relating to the negotiability of revenue bonds.
Referred to Committee on Urban and County Affairs.
HB 2046. By Representatives Lane of the lllth and Godbee of the 110th: A bill to amend an Act placing the sheriff of Bulloch County upon an annual salary, so as to change the compensation of the deputies and office clerk of the sheriff; to authorize the sheriff to expend county funds in excess of certain limi tations with the approval of the board of county commissioners in order to com ply with the overtime pay provisions of the federal Fair Labor Standards Act.
Referred to Committee on Urban and County Affairs.
The Governor this day informed the Senate that he had vetoed the following Sections of HB 1259, a bill providing for appropriations for the State Fiscal Year ending June 30, 1986:
"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 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."
The following communication from His Excellency, Governor Joe Frank Harris, was read by the Secretary:
STATE OF GEORGIA
Office of the Governor
Atlanta 30334
February 27, 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.

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Honorable Claude Joe Sears of Brantley County as a member of the State Board of Education, for the term of office beginning February 7, 1986 and ending January 1, 1988.
The following named persons as members of the Health Policy Council, for the term of office beginning January 17, 1986 and ending September 29, 1987: James S. Snow, D.O., of Mclntosh County; Geneva Lyde of Glynn County; Sammie D. Dixon, M.D., of Tift County; Suzanne Gordon of Dougherty County; A. Lucian Cousins, M.D., of Troup County; Charles Harper of Muscogee County; Frank R. Shaw of Fulton County; Letitia Glover, Ph.D., of DeKalb County; S. Boyd Eaton, M.D., of Fulton County; Lynne M. May of Fulton County; Commodore T. Mobley, Jr., of Douglas County; Reverend Isaac Fitzgerald of Paulding County; Bill G. Waters of Floyd County; Reverend David W. Braziel, Jr., of Floyd County; W. Douglas Skelton, M.D., of Bibb County; C. Jerome Adams of Coffee County; Norman D. Burkett of Whitfield County; Johanna S. McMullan of Hart County; Geraldine Rinker of Richmond County; Alvin M. Evans, Sr., of Barrow County; Betsy Startari-Lurey of Fulton County; Claudette Leak of DeKalb County; Ruth H. Gershon of DeKalb County; Reverend Calhoun Sims of Fulton County; Katherine L. Wetherbee of Fulton County.
Honorable Barbara King, B.D.D., of Fulton County as a member of the Joint Board of Family Practice, for the term of office beginning February 21, 1986 and ending July 1, 1991.
Honorable Calvin T. Griffith of Oconee County as a member of the Board of Natural Resources, for the term of office beginning January 29, 1986 and ending January 1, 1990.
Honorable Jack A. Raines, M.D., of Muscogee County as a member of the Composite State Board of Medical Examiners, for the term of office beginning February 5, 1986 and ending September 1, 1988.
Honorable Susan Landrum of Pickens County as a member of the State Personnel Board, for the term of office beginning January 22, 1986 and ending January 3, 1991.
The following named persons as members of the State Board of Physical Therapy, for the term of office beginning February 18, 1986 and ending August 30, 1987: Harold Smith of Richmond County; Dan Doleman, Jr., of Muscogee County.
The following named persons as members of the State Board of Physical Therapy, for the term of office beginning February 18, 1986 and ending August 30, 1988: Bonnie M. Blos som of Cobb County; June R. Frost of Floyd County.
The following named persons as members of the State Board of Examiners for Speech Pathology and Audiology, for the term of office beginning February 17, 1986 and ending June 24, 1988: Rita Rosinek Chaiken of DeKalb County; Rebecca K. Reeves of DeKalb County.
Honorable Harold E. Kerkhoff of Gwinnett 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 January 30, 1986 and ending August 17, 1989.
Sincerely,
/s/ Joe Frank Harris
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 5:30 o'clock P.M., the President announced the Senate adjourned until 9:00 o'clock A.M. tomorrow.

FRIDAY, FEBRUARY 28, 1986

1431

Senate Chamber, Atlanta, Georgia Friday, February 28, 1986
Thirty-fifth Legislative Day

The Senate met pursuant to adjournment at 9:00 o'clock A.M. today and was called to order by the President.
Senator Turner of the 8th reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following bills and resolution of the Senate were introduced, read the first time and referred to committees:
SB 600. By Senator Reddish of the 6th: A bill to amend an Act consolidating the offices of tax receiver and tax collector of Charlton County, as amended, so as to change the compensation of the tax commissioner; to authorize the tax commissioner to retain certain fees.
Referred to Committee on Urban and County Affairs.
SB 601. By Senator Bond of the 39th: A bill to provide for the creation of one or more community improvement dis tricts in Fulton County and in each municipality therein except the City of At lanta; to provide for a short title; to provide for the purposes of the said districts; to provide for definitions; to provide for boards to administer said districts; to provide for appointment of members of said board.
Referred to Committee on Urban and County Affairs.
SB 602. 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 consolidating the offices of tax collector and tax receiver of Cobb County into the one office of tax commissioner of Cobb County, as amended, so as to change the compensation of the chief clerk; to provide an ef fective date.
Referred to Committee on Urban and County Affairs.
SR 487. By Senator Cobb of the 28th: A resolution creating the Senate Study Committee on Sample Drugs and Diversion.
Referred to Committee on Rules.
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 1984. Do pass.

1432

JOURNAL OF THE SENATE

HB 1986. Do pass.

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 1300. Do pass by substitute.
Respectfully submitted,
Senator Starr of the 44th District, Chairman

Mr. President:

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

HB 1348.
HB 1952. HB 1953.
HR 125.
HR 520. THiRn 5rr6-7n. HR 570.

Do pass.
Do pass. Do pass.
Do pass.
Do not pass. TD->o pass as amendjedj. Do not pass.

HR 635. HR 642. HR 643

Do pass. Do not pass. Do pasg

HR 666. HR 689. HR 742-

Do pass as amended.
Do pFass as amended. Do Pass-

HR 593. Do pass as amended.

HR 743. Do pass.

Respectfully submitted,

Senator Starr of the 44th District, Chairman

The following communication was read by the Secretary:

The State Senate Atlanta
February 27, 1986 The Honorable Hamilton McWhorter Secretary of the Senate State Capitol Atlanta, Georgia 30334
Dear Hamilton:

I hereby request and authorize Senator Ed Hine of the 52nd to act in my stead as Chairman of the Senate Human Resources Committee at 8:30 AM today.
Sincerely,
/s/ Pierre Howard Chairman

FRIDAY, FEBRUARY 28, 1986

1433

The following reports of standing committees were read by the Secretary:
Mr. President:
The Committee on Human Resources has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 1385. Do pass. HB 1420. Do pass. HB 1687. Do pass.
Respectfully submitted, Senator Hine of the 52nd 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 182. Do pass. HB 1544. Do pass.
Respectfully submitted, Senator Deal of the 49th District, Chairman
Mr. President:
The Committee on Judiciary has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 1471. Do pass as amended. HB 1818. Do pass by substitute.
Respectfully submitted, Senator Deal of the 49th District, Chairman
Mr. President:
The Committee on Judiciary and Constitutional Law has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1476. Do pass by substitute. Respectfully submitted, Senator Greene of the 26th District, Chairman

1434

JOURNAL OF THE SENATE

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 1696. Do pass by substitute.
Respectfully submitted,
Senator Greene of the 26th District, Chairman

Mr. President:

The Committee on Judiciary and Constitutional Law has had under consideration the following bills and resolution of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 1367. Do pass by substitute. HR 662. Do pass by substitute. HB 1296. Do pass by substitute.
Respectfully submitted,
Senator Greene of the 26th District, Chairman

Mr. President:

The Committee on Retirement has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1684. Do pass by substitute.
Respectfully submitted,
Senator Timmons of the llth District, Chairman

Mr. President:

The Committee on Rules has had under consideration the following resolutions of the House and has instructed me to report the same back to the Senate with the following recommendations:
HR 660. Do pass. HR 686. 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 House and has instructed me to report the same back to the Senate with the following recommendations:

HB 1257. HB 1321.

Do pass by substitute.

HB 1712. Do pass.

Do pass by substitute.

HB 1713. Do pass.

Respectfully submitted,

Senator Coleman of the 1st District, Chairman

FRIDAY, FEBRUARY 28, 1986

1435

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 1757. Do pass. HB 1839. 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 585. Do pass.

HB 1868. Do pass.

SB 586. Do pass.

HB 1870. Do pass.

SB 587. Do pass by substitute.

HB 1871. Do pass.

SB 599. Do pass.

HB 1881. Do pass.

HB 1540. Do pass.

HB 1889. Do pass.

HB 1685. Do pass.

HB 1899. Do pass.

HB 1729. Do pass.

HB 1907. Do pass.

HB 1749. Do pass.

HB 1913. Do pass.

HB 1750. Do pass.

HB 1914. Do pass.

HB 1767. Do pass.

HB 1915. Do pass.

HB 1768. Do pass.

HB 1916. Do pass.

HB 1769. Do pass.

HB 1925. Do pass.

HB 1770. Do pass.

HB 1926. Do pass.

HB 1771. Do pass.

HB 1929. Do pass.

HB 1772. Do pass.

HB 1935. Do pass.

HB 1773. Do pass.

HB 1943. Do pass.

HB 1774. Do pass.

HB 1946. Do pass by substitute.

HB 1775. Do pass.

HB 1963. Do pass by substitute.

HB 1776. Do pass.

HB 1964. Do pass.

HB 1777. Do pass.

HB 1970. Do pass.

HB 1778. Do pass.

HB 1971. Do pass.

HB 1779. Do pass.

HB 1978. Do pass.

HB 1781. Do pass.

HB 1980. Do pass.

HB 1782. Do pass.

HB 1991. Do pass.

HB 1786. Do pass.

HB 1993. Do pass.

HB 1837. Do pass.

HB 1995. Do pass.

HB 1841. Do pass.

HB 1999. Do pass.

Respectfully submitted,

Senator Turner of the 8th District, Chairman

1436

JOURNAL OF THE SENATE

The following bills and resolutions of the Senate and House were read the second time:
SR 422. By Senator Burton of the 5th:
A resolution creating the Senate Study Committee for Seat Belts on School Buses.
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 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 328. By Representative Ross of the 82nd:
A bill to amend Code Section 20-2-102 of the Official Code of Georgia Annotated, relating to the qualifications of county school superintendents, so as to com pletely revise and provide for the qualifications of county and independent school superintendents.
HB 889. By Representatives Holmes of the 28th, Coleman of the 118th, Ramsey of the 3rd and Benn of the 38th:
A bill to amend Code Section 16-11-127 of the Official Code of Georgia Anno tated, relating to prohibiting the carrying of deadly weapons to or at public gath erings, so as to provide an exception for retired peace officers; to amend Code Section 35-8-2 of the Official Code of Georgia Annotated, relating to definitions regarding employment and training of peace officers, so as to change the defini tion of the term "retired peace officer".
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 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.

FRIDAY, FEBRUARY 28, 1986

1437

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.
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 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 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.
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.
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 794. By Representatives Lee of the 70th, Thomas of the 69th and Shepard of the 71st:
A resolution creating the Carroll County Government Authority Study Commission.
HR 840. By Representatives Dean of the 29th, Redding of the 50th, Couch of the 40th, Lane of the 27th, Thomas of the 31st and others:
A resolution urging MARTA to consider the immediate implementation of an exterior bus advertising program.

1438

JOURNAL OF THE SENATE

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

Allgood Baldwin Barker Bond Bowen
o rant'ey, fl u Broun of 46th
BrTnt Burton Coleman Dawkins Deal English Engram

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

Those not answering were Senators:

Land McGill McKenzie Peevy Ray
Reddish Scott of 2nd
Scott of 36th Starr Stumbaugh Timmons Tolleson Turner Tysinger

Albert Barnes BCorabnbnon
Coverdell

Dean Horton Langford,
Perry

Phillips Tate mTrul,ock,
Walker

Senator Scott of the 2nd introduced the chaplain of the day, Reverend Bennie R. Mitchell, Jr., pastor of Connor's Temple Baptist Church, Savannah, Georgia, who offered scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 483. By Senator Dean of the 31st: A resolution recognizing and commending the Tallapoosa Garden Club.

SR 484. By Senator Reddish of the 6th:
A resolution commending the Honorable Culver Kidd, Senator from the 25th District, and recognizing the designation of the Culver Kidd Medical and Surgi cal Building.

SR 485. By Senator Bond of the 39th:
A resolution recognizing and commending Carrie Lou McCarter and the Neigh borhood Union Health Center.

SR 486. By Senator Bond of the 39th: A resolution commending the Extra Point Club.

FRIDAY, FEBRUARY 28, 1986

1439

SR 488. By Senators Barnes of the 33rd, Harrison of the 37th, Tolleson of the 32nd and Brantley of the 56th:
A resolution recognizing Reverend Nelson L. Price.
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 28, 1986
THIRTY-FIFTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 585 Scott, 36th Engram, 34th Langford, 35th Tate, 38th Bond, 39th Coverdell, 40th Howard, 42nd Stumbaugh, 55th Burton, 5th Walker, 43rd Tysinger, 41st City of Atlanta Fulton and DeKalb Counties
Continues amendment authorizing city and counties or either of them to enter into contracts with each other, or with a Hospital Authority, without the necessity of an election and irrespective of the debt limitation provision of the Constitution.
SB 586 Scott, 36th Engram, 34th Langford, 35th Tate, 38th Bond, 39th Coverdell, 40th Howard, 42nd Stumbaugh, 55th Burton, 5th Walker, 43rd Tysinger, 41st Brantley, 56th City of Atlanta Fulton and DeKalb Counties
Continues amendment authorizing issuance of revenue anticipation obliga tions by city, county; provides for funds for construction of grandstands and stadiums or to provide funds to extend, repair, or improve such existing facil ities; provides authority.

1440

JOURNAL OF THE SENATE

*SB 587 Coleman, 1st Scott, 2nd Bryant, 3rd Tybee Island Chatham County
Amends Act incorporating city; provides certain additional powers for mayor and council of said city; provides for other matters relative thereto. (SUB STITUTE)
SB 599 Burton, 5th Stumbaugh, 55th Howard, 42nd Tysinger, 41st Walker, 43rd DeKalb County
Amends Act revising, superseding, and consolidating laws relating to gov erning authority of county; provides for application of certain laws of this state to the government of county; provides for other matters relative to fore going; provides for referendum.
HB 1540 Brantley, 56th Harrison, 37th Barnes, 33rd Tolleson, 32nd Cobb County
Amends Act creating board of commissioners for county; changes compensa tion provisions relating to members of board of commissioners; changes pro visions relating to chairman of said board.
HB 1685 Burton, 5th Tysinger, 41st Walker, 43rd Howard, 42nd Stumbaugh, 55th DeKalb County
Amends Act creating State Court (formerly Civil and Criminal); provides for appointment of additional assistant solicitors.
HB 1729 Albert, 23rd McGill, 24th Columbia, McDuffie, Lincoln Counties
Creates Tri-County Water Authority for counties of Columbia, McDuffie, and Lincoln.
HB 1749 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 provisions relating to compensation of clerk of superior court and deputy clerk of superior court.

FRIDAY, FEBRUARY 28, 1986

1441

HB 1750 Brantley, 56th Harrison, 37th Barnes, 33rd Tolleson, 32nd Cobb County
Amends Act creating State Court; changes certain costs in said court.
HB 1767 Howard, 42nd Stumbaugh, 55th Burton, 5th Walker, 43rd Tysinger, 41st DeKalb County
Continues amendment which relates to authorizing governing authority of county to enter into certain contracts providing for garbage and solid waste collection and disposal.
HB 1768 Barnes, 33rd Brantley, 56th Harrison, 37th Tolleson, 32nd Cobb County
Continues amendment authorizing governing authority of county to establish fire protection districts and to levy taxes for such purposes upon approval by voters.
HB 1769 Barnes, 33rd Brantley, 56th Harrison, 37th Tolleson, 32nd City of Marietta Cobb County
Continues amendment authorizing city to incur additional bonded indebted ness for educational purposes in an amount exceeding general debt limita tions of the Constitution.
HB 1770 Harrison, 37th Brantley, 56th Tolleson, 32nd Barnes, 33rd Cobb County
Continues amendment authorizing county to construct and maintain solid waste facilities and to issue revenue bonds for such purpose.
HB 1771 Barnes, 33rd Harrison, 37th Tolleson, 32nd Brantley, 56th Cobb County
Continues amendment authorizing General Assembly to create Downtown Marietta Development Authority.
HB 1772 Barnes, 33rd Harrison, 37th Tolleson, 32nd

1442

JOURNAL OF THE SENATE

Brantley, 56th Cobb County
Continues amendment authorizing city to combine its water and sewerage system and its electric system and to issue revenue bonds without the neces sity of a referendum.
HB 1773 Harrison, 37th Barnes, 33rd Tolleson, 32nd Brantley, 56th Cobb County
Continues amendment authorizing General Assembly to create a Cobb County Civil Service System for any or all persons, other than elected offi cials whose wages or salaries are paid in whole or in part out of funds of county.
HB 1774 Barnes, 33rd Brantley, 56th Tolleson, 32nd Harrison, 37th Cobb County
Continues amendment which abolishes office of coroner in county and estab lishes in lieu thereof office of county medical examiner.
HB 1775 Barnes, 33rd Harrison, 37th Brantley, 56th Tolleson, 32nd Cobb County
Continues amendment authorizing governing authority of county to establish and operate a sewerage system and to issue general obligation bonds for such purpose.
HB 1776 Barnes, 33rd Tolleson, 32nd Harrison, 37th Brantley, 56th Cobb County
Continues amendment providing for an elected board of education and for appointment of county school superintendent by board.
HB 1777 Barnes, 33rd City of Powder Springs Cobb County
Continues amendment creating Powder Springs Downtown Development Au thority.
HB 1778 Barnes, 33rd Brantley, 56th Harrison, 37th Tolleson, 32nd Cobb County
Continues amendment authorizing General Assembly to grant governing au-

FRIDAY, FEBRUARY 28, 1986

1443

thority of county the power to adopt ordinances for governing county and provides penalties for violations of such ordinances.
HB 1779 Brantley, 56th Barnes, 33rd Tolleson, 32nd Harrison, 37th Cobb County
Continues amendment authorizing General Assembly to provide by local law for disposition of assets and obligations of any municipality lying wholly within county whose charter is repealed.
HB 1781 Barnes, 33rd Harrison, 37th Tolleson, 32nd Brantley, 56th Cobb County
Continues amendment authorizing General Assembly to reapportion educa tion districts of county board of education without necessity of a referendum.
HB 1782 Barnes, 33rd Brantley, 56th Tolleson, 32nd Brantley, 56th Cobb County
Continues amendment allocating one-half of revenue from taxes levied on wholesale and retail sale of alcoholic beverages and liquors sold within county and any municipality therein to the board of education of county or indepen dent school district.
HB 1786 Barnes, 33rd Brantley, 56th Tolleson, 32nd Brantley, 56th Cobb County, City of Marietta
Provides a $4,000.00 additional homestead exemption from all city ad valorem taxes for resident of city.
HB 1837 Burton, 5th Walker, 43rd Howard, 42nd Stumbaugh, 55th Tysinger, 41st DeKalb County
Continues amendment which relates to providing that certain municipalities in county shall constitute special services tax districts and that county shall tax such districts in accordance with services provided to the districts by county.
HB 1841 Burton, 5th Stumbaugh, 55th Walker, 43rd Howard, 42nd

1444

JOURNAL OF THE SENATE

Tysinger, 41st DeKalb County
Provides that vehicles shall be registered and licensed to operate for the en suing calendar year and thereafter in county during designated registration periods as provided in O.C.G.A.
HB 1868 Burton, 5th Stumbaugh, 55th Walker, 43rd Howard, 42nd Tysinger, 41st DeKalb County
Amends Act creating State Court, formerly known as Civil and Criminal Court; changes certain fees.
HB 1870 Muggins, 53rd Chattooga County
Provides for method of filling vacancies in membership of Chattooga County Hospital Authority.
HB 1871 Huggins, 53rd Chattooga County
Continues amendment which was proposed by Res. Act No. 44 and which relates to Chattooga County Development Authority and its powers and op erations.
HB 1881 Burton, 5th Tysinger, 41st Howard, 42nd Stumbaugh, 55th Walker, 43rd DeKalb County
Re-creates DeKalb County Land Use Study Commission to carry out certain advisory functions and studies with respect to land use planning for DeKalb Co. and the metropolitan Atlanta area.
HB 1889 Huggins, 53rd City of Rossville Walker County
Amends Act creating new charter for city; abolishes office of tax assessor and tax coordinator.
HB 1899 Baldwin, 29th Troup County
Amends Act providing new board of education of county; provides for sub mission of Act to the voters of county school district for approval or rejec tion.
HB 1907 Barnes, 33rd Brantley, 56th Harrison, 37th

FRIDAY, FEBRUARY 28, 1986

1445

Tolleson, 32nd Cobb County
Amends Act creating State Court; changes compensation of judges of State Court.
HB 1913 Perry, 7th Tift County
Amends Act creating Board of Commissioners of county; changes composi tion of that board and provides for commissioner districts therefor and elec tions therefrom; provides for powers, duties, and obligations of that board.
HB 1914 Perry, 7th Tift County
Amends Act providing for Tift County Board of Education; provides for com position of Board of Education of county and provides for education districts therefor and elections therefrom; provides for powers, duties, and obligations of that board.
HB 1915 Bowen, 13th Turner County
Amends Act placing sheriff of county on an annual salary in lieu of fee sys tem; changes maximum compensation which can be granted to sheriff.
HB 1916 Bowen, 13th Turner County
Continues amendment which creates Turner County Development Authority.
HB 1925 Burton, 5th Walker, 43rd Stumbaugh, 55th Tysinger, 41st Howard, 42nd DeKalb County
Repeals Act providing that neither DeKalb County nor any incorporated mu nicipality located within county shall require any fireman to be on duty for more than 60 hours in seven consecutive days.
HB 1926 Burton, 5th Walker, 43rd Stumbaugh, 55th Tysinger, 41st Howard, 42nd DeKalb County
Repeals Act providing that neither county nor any municipality located wholly within county shall require a fireman to be on duty for more than an average of 56 hours per week computed over a period of 52 consecutive weeks.
HB 1929 Barnes, 33rd Harrison, 37th Brantley, 56th Tolleson, 32nd Cobb County
Amends Act creating State Court of Cobb County; authorized additional as-

1446

JOURNAL OF THE SENATE

sistant solicitors; changes compensation of solicitor, chief assistant solicitor, and the assistant solicitors.

HB 1935 Barnes, 33rd Tolleson, 32nd Brantley, 56th Harrison, 37th City of Marietta Cobb County
Amends Act reincorporating city; de-annexes and excludes certain property from corporate limits of city.

HB 1943 Dean, 31st City of Cedartown Polk County
Continues amendment creating Cedartown Development Authority.

*HB 1946

Brannon, 51st Gordon 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. (SUBSTITUTE)

*HB 1963

Barnes, 33rd Brantley, 56th Harrison, 37th Tolleson, 32nd Cobb Judicial Circuit Cobb County
Amends Act creating Cobb Judicial Circuit; changes county supplement for district attorney; changes provisions relative to compensation of chief investi gator and other investigators. (AMENDMENT)

HB 1964 Broun, 46th Clarke County
Amends Act establishing city court in county, now known as State Court; provides for compensation of judge of said court.

HB 1970 Dean, 31st Haralson County
Provides commission retained by county tax commissioner for collection of school taxes shall be reduced to one-quarter of 1 percent; provides that all school taxes collected in excess of said one-quarter of 1 percent commission shall be paid over to the county board of education in manner provided by general law.

HB 1971 Perry, 7th City of Lakeland Lanier County
Creates Lakeland-Lanier County Charter Commission.

FRIDAY, FEBRUARY 28, 1986

1447

HB 1978 Dean, 31st Polk County Provides that vehicles shall be registered and licensed to operate for the en suing calendar year and thereafter in county during designated registration periods as provided in O.C.G.A.
HB 1980 Albert, 23rd McGill, 24th Columbia County Provides that vehicles shall be registered and licensed to operate for the en suing calendar year and thereafter in county during designated registration periods as provided in O.C.G.A.
HB 1991 Turner, 8th Brooks County Continues amendment creating Brooks County Development Authority.
HB 1993 Broun, 46th Brown, 47th Jackson County Provides that vehicles shall be registered and licensed to operate for the en suing calendar year and thereafter in county during designated registration periods as provided in O.C.G.A.
HB 1995 Broun, 46th Brown, 47th Jackson County Creates Jackson County Water and Sewerage Authority.
HB 1999 Foster, 50th Stephens County Amends Act creating board of commissioners of county; changes compensa tion of chairman and members of board.
The substitutes and amendment to the following bills were put upon their adoption:
*SB 587:
The Senate Committee on Urban and County Affairs offered the following substitute to SB 587:
A BILL
To be entitled an Act to amend an Act incorporating the City of Tybee Island, ap proved February 20, 1970 (Ga. L. 1970, p. 2080), as amended, so as to provide certain addi tional powers for the mayor and council of said city; to authorize the imposition and collec tion of a parking and street and beach use fee on motor vehicles; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act incorporating the City of Tybee Island, approved February 20, 1970 (Ga. L. 1970, p. 2080), as amended, is amended by adding a new section immediately follow ing Section 40 to be designated Section 40A to read as follows:
"Section 40A. (a) The city council may provide by ordinance for the imposition and collection of a parking and street and beach use fee upon motor vehicles entering Tybee

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JOURNAL OF THE SENATE

Island. Such ordinance shall not apply to motor vehicles owned by residents of the city or to motor vehicles owned by persons who own property within the city. The city council may classify persons, firms, or corporations for the purposes of the ordinance authorized by this subsection and may provide for such other exceptions to the application of such ordinance as may be reasonable or necessary.
(b) The city council may provide by ordinance that the net proceeds or a specified portion of the net proceeds derived by the city from the imposition of the parking and street and beach use fee authorized by subsection (a) of this section shall be used exclusively for the purpose of improving, repairing, or maintaining the streets of the city and repairing or constructing sea walls and groins, prohibiting or reducing beach erosion, restoring or repair ing beaches, or taking other action to prohibit, reduce, or recover from the effect of beach erosion.
(c) The city council may prescribe penalties and punishment for the violation of any ordinance adopted by the city council pursuant to the authority of this 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 41, nays 0, and the substitute was adopted.
*HB 1946:
The Senate Committee on Urban and County Affairs offered the following substitute to HB 1946:
A BILL
To be entitled an Act to provide for the compensation of the coroner of Gordon 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; to provide for the appointment of deputy coroners by the coroner and their compen sation for death investigations; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. The coroner of Gordon County is placed on annual salary in lieu of the fee system of compensation. The coroner shall be compensated in the amount of $600.00 per month. Such compensation shall be paid on the first week of each month from the funds of Gordon County and shall be in lieu of all fees, costs, commissions, allowances, moneys, and all other emoluments and perquisites of whatever kind which shall be allowed the coroners of the various counties of this state. All such fees, costs, commissions, allowances, moneys, and other emoluments and perquisites of whatever kind shall become the property of Gordon County and shall be paid into the county treasury at least once each month.
Section 2. The coroner of Gordon County may appoint one or more persons to be dep uty coroners to serve at the pleasure of the coroner, to be replaced at his order, and to be compensated a fee of $75.00 for each death investigation conducted. Such compensation shall be paid on the first week of each month from the funds of Gordon County after the deputy coroner has submitted a statement to the county treasury and the statement has been approved by the coroner of Gordon County.
Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without 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.

FRIDAY, FEBRUARY 28, 1986

1449

*HB 1963:

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

Amend HB 1963 by striking on Page 1, line 24, the figure "$7,875.00" and inserting in lieu thereof the following figure "$10,068.00".

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

The report of the committee, which was favorable to the passage of the 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 Broun of 46th Brown of 47th Bryant Burton Cobb Dawkins Deal English

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

Langford McGill McKenzie Peevy Perry Ray Reddish Scott of 36th Stumbaugh Tolleson Trulock Turner Tysinger

Those not voting were Senators:

Barker Bond Brantley Coleman Coverdell

Dean Engram Howard Huggins Phillips

Scott of 2nd Starr Tate Timmons Walker

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

All the bills on the Senate Local Consent Calendar, except SB 587, HB 1946 and HB 1963, having received the requisite constitutional majority, were passed.

SB 587 and HB 1946, having received the requisite constitutional majority, were passed by substitute.

HB 1963, having received the requisite constitutional majority, was passed as amended.

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The following bill of the House was taken up for the purpose of considering the House action thereon:
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.
Senator Hudgins of the 15th moved that the Senate insist upon the Senate substitute to HB 1218.
On the motion, the yeas were 31, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 1218.
The following bill of the Senate was taken up for the purpose of considering the House action thereon:
SB 45. By Senators Bryant of the 3rd and Allgood of the 22nd: A bill to amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to records required to be kept by the Department of Public Safety and restrictions on the access to such records, so as to authorize the Department of Public Safety to disseminate certain information from its records to certain gov ernmental agencies or units of this state and of the United States having legiti mate governmental needs therefor.
Senator Bryant of the 3rd moved that the Senate adhere to its disagreement to the House substitute to SB 45, and that a Conference Committee be appointed.
On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House substitute to SB 45.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Bryant of the 3rd, Allgood of the 22nd and Perry of the 7th.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
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.
The House substitute to SB 328 was as follows:
A BILL To be entitled an Act to amend Article 2 of Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation by municipal corporations pursuant to applica tion of 60 percent of landowners and electors, so as to revise completely the provisions relat-

FRIDAY, FEBRUARY 28, 1986

1451

ing to annexation by certain municipalities having independent school systems within their corporate boundaries; to provide that certain territory annexed by such municipal corpora tions shall remain a part of the county school district for ad valorem tax purposes for a certain period of time; to provide for additional limitations and requirements relative to such annexation by such municipalities; to provide for other matters relative to the forego ing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. 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 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-

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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) 'Assessed valuation per weighted FTE' has the meaning specified for such term by paragraph (2) of Code Section 20-2-165.
(2) '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.
(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) '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) The requirements of this Code section shall apply only to a municipal corporation which:
(1) 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;
(2) 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
(3) 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.
(c) 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 be subject to the following requirements:
(1) Except as otherwise provided by paragraph (2) of this subsection, any annexed property which was zoned residential by the county at the time of the adoption of the an nexing ordinance shall become a part of the corporate limits of the municipality for all purposes on the effective date of the annexation;
(2) Any annexed property which was zoned residential by the county at the time of the adoption of the annexing ordinance which is rezoned for a nonresidential use by the annex ing municipality at any time within three years thereafter shall, beginning on the first day of January immediately following the effective date of the rezoning, be a part of the county school district and subject to taxation for county school district purposes for a period of five years;
(3) Any annexed property which was zoned for a nonresidential use by the county at the time of the adoption of the annexing ordinance shall remain a part of the county school district and shall remain subject to taxation for county school district purposes for the year during which the annexing ordinance was adopted and for five years thereafter; and
(4) No annexed property shall be rezoned by the annexing municipality for a period of six months following the date of the adoption of the annexing ordinance.

FRIDAY, FEBRUARY 28, 1986

1453

(d) In addition to the limitations of subsection (c) of this Code section, during any calendar year, beginning with calendar year 1986, the total territory, excluding residential property, annexed by a municipality which is subject to the requirements of this Code sec tion 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 municipality is located by more than 1 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 1985. If there is no net increase in the equalized adjusted school property tax digest of such county school system during any calendar year, then the municipality shall not be authorized to annex any territory, other than residential property, pursuant to the authority of this article at any time during the immediately fol lowing calendar year.
(e) If the value of the total territory actually annexed by a municipality which is subject to the requirements of this Code section during a calendar year, excluding the value of resi dential property annexed during the calendar year, is less than the value of territory which could have been annexed within the limitation provided by subsection (d) of this Code sec tion during that calendar year, then for the immediately following calendar year only, the limitation otherwise applicable under subsection (d) 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."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Senator Tolleson of the 32nd moved that the Senate disagree to the House substitute to SB 328.
On the motion, the yeas were 38, nays 1; the motion prevailed, and the Senate disagreed to the House substitute to SB 328.
The following bill of the House was taken up for the purpose of considering the House action thereon:
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.
Senator Howard of the 42nd moved that the Senate adhere to its disagreement to the House amendment to the Senate amendment to HB 1227, and that a Conference Committee be appointed.
On the motion, the yeas were 36, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House amendment to the Senate amendment to HB 1227.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Howard of the 42nd, Peevy of the 48th and Deal of the 49th.

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SENATE RULES CALENDAR
Friday, February 28, 1986
THIRTY-FIFTH LEGISLATIVE DAY
HB 1169 Securities--sanctions against dealers for specified misconduct (J&CL--52nd)
HB 1594 Certain Surplus Line, Corporation Surety Insurers--homeowner warranty agree ment (AMENDMENT) (Ins--49th)
HB 788 State Employment--define "interdepartmental transfer" (AMENDMENT) (Gov Op--30th)
HR 470 Georgia Bureau of Investigation Headquarters--designate as Phil Peters Build ing (Pub Saf--45th)
HB 1211 Adoption--when surrender of parental rights not required (SUBSTITUTE) (C&Y-33rd)
HB 1748 Health Maintenance Organization--domestic corporation may apply to operate (Ins--55th)
HB 1693 School Employees--maintain health insurance by paying total premium (Ins--55th)
HB 1261 Child Criminal Records Checks--authorize for supervisory persons (C&Y--33rd)
HB 466 Law Enforcement Vehicles--change provisions on marking (AMENDMENT) (Pub Saf--7th)
HB 1156 Stone Mountain Judicial Circuit--additional judge (SUBSTITUTE) (Judy--5th)
HB 1592 Public Retirement System--limitations on credit for military service (SUBSTI TUTE) (Ret--10th)
HB 1686 Georgia Development Authority--revise provisions relating to (AMENDMENT) (Ag-8th)
HR 809 Temporary Help Services Week--week of October 12-18, 1986 (Rules--12th)
HB 1438 Professional Fund Raisers--registration fee for charitable organization (I&L--45th)
HB 1638 Employed Inmate--deductions by Corrections Department for medical expenses incurred (Corr--35th)
SR 447 Cobb County Local Governments Study Commission--create (Rules--37th)
HB 1326 Taxidermist--may mount, sell legally taken furbearers, deer, squirrel (Nat R--20th)
HB 1462 Herty Foundation--powers include research on natural, synthetic fibers (I&L--2nd)
HR 716 Task Force on Funding of Indigent Health Care Programs--urge Governor to create (Rules--12th)
HB 1536 Certain Uncollectable Debt Cancellation--not gratuity (B&F--15th)
HB 1416 Teachers--leave for testifying in certain cases (Judy--5th)
HB 1189 Bathhouses--prohibit operation (Hum R--54th)
HR 465 Joint Tandem Trailer Access to Public Roads Study Committee--re-create (Trans--1st)
HR 720 Louie DeVotie Newton--commend and place portrait in Capitol (Rules--12th)
HB 1495 Fish--provide creel and possession limit for red drum (Nat R--21st)
HB 1507 Comptroller General--change title to Commissioner of Insurance (Judy--49th)
HB 1610 Used Motor Vehicle Dismantlers Registration Act--out-of-state buyer's cards (I&L--45th)

FRIDAY, FEBRUARY 28, 1986

1455

HB 908 Year's Support for Spouses and Children for Decedents' Estates (SUBSTI TUTE) (J&CL--43rd)
HB 1508 Code on Retirement, Pensions--change Comptroller General to Commissioner of Insurance (Judy--49th)
HB 1225 Child-Care Licenses--provide for restriction under certain conditions (AMEND MENT) (C&Y--2nd)
SR 416 Syndrome of Infantile Autism--urge adopt uniform definition (Hum R--42nd)
HB 1355 Hospital Authorities--change filing requirements for audits (Hum R--52nd)
HB 1329 Coroners--certain medical records to coroners of other states (Hum R--10th)
HB 1363 Policeman Arresting Felony Suspect--limitation on using force (SUBSTITUTE) (Pub Saf--33rd)
HB 1253 Limited Edition Reproduction of Work of Art--regulate sale (I&L--41st)
Respectfully submitted,
Is/ Holloway of the 12th, Chairman Senate Rules Committee

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 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.
Senate Sponsor: Senator Hine of the 52nd.

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

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

Those voting in the affirmative were Senators:

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

Dean Engrain Fincher Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard Huggins Kidd Land

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

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JOURNAL OF THE SENATE

Those not voting were Senators:

Coleman Coverdell English

Hudgins Kennedy (presiding) Scott of 2nd

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

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.

Senator Stumbaugh of the 55th moved that the Senate insist upon the Senate substi tute to HB 1538.

On the motion, the yeas were 41, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 1538.

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

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.
Senate Sponsor: Senator Deal of the 49th.

The Senate Committee on Insurance offered the following amendment:

Amend HB 1594 by adding in the title at the end of line 2 of Page 1, following the word "as", the following:

"to provide a certain exception to the definition of property insurance;".

By adding on line 15 of Page 3, immediately following the word "transportation" and preceding the ".", the following:
"or to any tire replacement contract, agreement, or instrument".

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:

FRIDAY, FEBRUARY 28, 1986

1457

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Bryant Coleman Coverdell Fincher

Hudgins Kennedy (presiding) Land

Scott of 2nd Timmons Tolleson

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

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

HB 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".
Senate Sponsor: Senator Garner of the 30th.

The Senate Committee on Governmental Operations offered the following amendment:

Amend HB 788 by striking line 12 on Page 2 in its entirety and substituting in lieu thereof the following:
"months nor more than 12 months exclusive of any time".

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 Brannon Brantley Broun of 46th Brown of 47th Burton

Cobb Coleman Dawkins Deal Dean English

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JOURNAL OF THE SENATE

Engram Fincher Foster
Garner Gillis
Greene Harris Harrison
Hine
Holloway

Horton Howard Huggins
Kidd Langford
McGill McKenzie Peevy
Perry
Phillips

Ray Reddish Scott of 36th
Starr Stumbaugh
Tate Tolleson Trulock
Turner
Tysinger

Those not voting were Senators:

Bryant Coverdell Hudgins

Kennedy (presiding) Land Scott of 2nd

Timmons Walker

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

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

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.
Senate Sponsor: Senator 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 Baldwin Barker Barnes Bond Bowen Brannon
Brantley Broun of 46th Brown of 47th Bryant Burton
Cobb
Dawkins
Deal
English

Engram
Fincher Foster Garner Gillis Greene Harris Harrison
Hme Holloway Horton Howard Huggins
Kidd
Land
Langford
McGill

McKenzie
Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th
Starr c,, Stumbaugh ,ia;f Tolleson
Trulock
Turner
Tysinger
Walker

Those not voting were Senators:

Coleman Coverdell

Dean Hudgins

Kennedy (presiding) Timmons

FRIDAY, FEBRUARY 28, 1986

1459

On the adoption of the resolution, the yeas were 50, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
Senator Gillis of the 20th asked unanimous consent to excuse Senator Cobb of the 28th from the Senate for the remainder of today's session in order to receive medical treatment; the consent was granted, and Senator Cobb of the 28th was excused from the Senate for the remainder of today's session.
The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:
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.
Senate Sponsor: Senator Barnes of the 33rd.
The Senate Committee on Children and Youth offered the following substitute to HB 1211:
A BILL
To be entitled an Act to amend Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoptions, so as to provide that a clear and irrevocable release or consent to adoption by the guardian of a child in a foreign country where the appointment of the guardian has been certified by the appropriate and legally authorized court or agency of the government of the foreign country shall be recognized by this state; 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 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoptions, is amended by striking in its entirety Code Section 19-8-17, relating to the recog nition and effect of decrees, and inserting in its place a new Code Section 19-8-17 to read as follows:
"19-8-17. (a) A decree of a court terminating the relationship of parent and child or establishing the relationship of parent and child by adoption, issued pursuant to due pro cess of law by a court of any other jurisdiction within or outside the United States, or the clear and irrevocable release or consent to adoption by the guardian of a child in a foreign country where the appointment of the guardian has been certified by the appropriate and legally authorized court or agency of the government of the foreign country shall be recog nized in this state; and the rights and obligations of the parties as to matters within the jurisdiction of this state shall be determined as though any such decree were issued by a court of this state and any such consent or release shall be deemed to satisfy the require ments of Code Sections 19-8-4 and 19-8-7.
(b) Any adoption proceeding in this state in which a final order of adoption was entered by the court prior to April 1, 1986, and to which subsection (a) of this Code section would have been applicable if said subsection, as amended, had been effective at the time such proceeding was filed or concluded shall be governed by the provisions of subsection (a) of this Code section, as amended.
(c) Any adoption proceeding pending in a court of competent jurisdiction in this state in which no final order of adoption has been entered as of April 1, 1986, to which the provi-

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JOURNAL OF THE SENATE

sions of subsection (a) of this Code section are applicable shall be governed by the provi sions of subsection (a) of this Code section, as amended."
Section 2. This Act shall become effective on April 1, 1986.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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

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

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

Those not voting were Senators:

Bryant Cobb (excused) Coleman

Hudgins Kennedy (presiding)

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.

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.
Senate Sponsor: Senator Stumbaugh of the 55th.

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

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

FRIDAY, FEBRUARY 28, 1986

1461

Those voting in the affirmative were Senators:

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

Dean English Engram Fincher Foster Garner Gillis Harrison Hine Holloway Horton Huggins Kidd Land Langford

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

Voting in the negative was Senator McGill.

Those not voting were Senators:

Bryant Cobb (excused) Coleman Greene

Harris Howard Hudgins

Kennedy (presiding) Tolleson Trulock

On the passage of the bill, the yeas were 45, nays 1.

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

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.
Senate Sponsor: Senator Stumbaugh of the 55th.

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

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

Those voting in the affirmative were Senators:

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

Bryant Burton Coverdell Dawkins Deal Dean English Fincher Foster Garner

Gillis Greene Harrison Hine Holloway Horton Howard Huggins Kidd Land

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JOURNAL OF THE SENATE

Langford McGill McKenzie Peevy Perry Phillips

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

Tate Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Bowen Cobb (excused) Coleman

Engram Harris Hudgins

Kennedy (presiding) Tolleson

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

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

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.
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 Baldwin Barker Barnes Bond Bowen Brannon BBrroanutnleoyf 46th

Foster Garner Greene Harris Harrison Hine Holloway HHoowrtoarnd

BBruorwtonn of 47th Coverdell Dean English Engram Fincher

HHuugdggiinnss Kidd Land Langford McGill McKenzie

Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr ,,S,tumb, augh,
T* iamtemons Tolleson Trulock Turner Tysinger Walker

Those voting in the negative were Senators:

Dawkins

Deal

Peevy

Those not voting were Senators:

Allgood Bryant

Cobb (excused) Coleman

Gillis Kennedy (presiding)

FRIDAY, FEBRUARY 28, 1986

1463

On the passage of the bill, the yeas were 47, nays 3.

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

HB 466. By Representative Manner 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.
Senate Sponsor: Senator Perry of the 7th.

Senator Gillis of the 20th offered the following amendment:

Amend HB 466 by renumbering Sections 3 and 4 as Sections 4 and 5;
and
By adding a new Section 3 to read as follows:
"Section 3. When such law enforcement vehicle is disposed of, or is not in use for law enforcement, the lettering and colored lights must be removed. Any person using such vehi cle for his personal use prior to removing colored lights and lettering will be guilty of a misdemeanor."

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

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

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

Those not voting were Senators:

Bond Bowen Bryant

Cobb (excused) Fincher Kennedy (presiding)

Land Starr Trulock

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

1464

JOURNAL OF THE SENATE

The bill, having received the requisite constitutional majority, was passed as amended.
The following general bill of the House, having been read the third time on February 26 and reconsidered on February 27, was put upon its passage:
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.
Senate Sponsor: Senator Burton of the 5th.
Senator Burton of the 5th offered the following substitute to HB 1156:
A BILL
To be entitled an Act to provide for an additional judge of the superior courts of the Stone Mountain Judicial Circuit; to provide for the initial appointment and subsequent election of said additional judge; to provide for the powers, duties, and compensation of said additional judge; to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each judicial circuit, so as to increase to eight the number of judges for the Stone Mountain Judicial Circuit; 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. Effective July 1, 1986, a new judge is added to the Stone Mountain Judicial Circuit. The initial judge added by this Act shall be appointed by the Governor to take office on July 1, 1986, for a term expiring on December 31, 1988. A successor to the initial judge appointed by the Governor shall be elected in the manner provided by law for the election of judges of the superior courts at the general election of 1988 to take office on January 1, 1989, for a term of four years and until a successor is elected and qualified. Thereafter, successors shall be elected in the manner provided by law for the election of superior court judges at the general election immediately preceding the expiration of the term of office to take office on the first day of January immediately following the election for a term of four years and until a successor is elected and qualified.
Section 2. The additional judge of the Stone Mountain Judicial Circuit provided for by this Act shall have and may exercise all powers, duties, dignity, jurisdiction, privileges, and immunities of other judges of the superior courts of this state. Any of the judges of the superior court of said circuit may preside over any case therein and perform any official act as a judge thereof.
Section 3. The compensation, salary, and contingent expense allowance of said addi tional judge shall be the same as the other judges of the Stone Mountain Judicial Circuit. Said additional judge shall receive the same salary supplement from county funds which is received by each of the other judges of the Stone Mountain Judicial Circuit.
Section 4. Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each judicial circuit, is amended by striking paragraph (37) in its entirety and substituting in lieu thereof a new paragraph (37) to read as follows:
"(37) Stone Mountain Circuit ............................................... 8"
Section 5. This Act shall become effective upon its approval by the Governor or upon its otherwise becoming law for the purpose of allowing the Governor to appoint an addi tional judge of the Stone Mountain Judicial Circuit to take office on July 1, 1986, as pro vided in Section 1 of this Act. This Act shall be effective for all purposes on July 1, 1986.
Section 6. All laws and parts of laws in conflict with this Act are repealed.

FRIDAY, FEBRUARY 28, 1986

1465

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

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

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

Those voting in the affirmative were Senators:

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

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 Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Bond Bowen Brannon Brown of 47th

Bryant Cobb (excused) Fincher Kennedy (presiding)

Land Reddish Starr

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

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

Senator Fincher of the 54th introduced the doctor of the day, Dr. L.O. Sutter, of Chatsworth, Georgia.

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 substitute, by the requisite constitutional majority the fol lowing bill of the Senate:

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.

1466

JOURNAL OF THE SENATE

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

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.

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

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.
Senate Sponsor: Senator Trulock of the 10th.

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

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

STATE AUDITOR'S CERTIFICATION

TO:

The Honorable Rudolph Johnson, Chairman

House Retirement Committee

FROM:

G.W. Hogan, State Auditor

DATE:

February 6, 1986

SUBJECT: House Bill 1592 Substitute (LC 7 6307S) Employees' Retirement System

This Bill provides that only military service for which a person was discharged or sepa rated under honorable conditions is eligible to be counted as creditable service under any public retirement system, whether presently existing or hereafter created, when military ser vice is authorized to be used as a basis to obtain creditable service under a public retirement system. The Bill also states that the provisions are a limitation on the use of military service as creditable service and do not create any rights when such right does not exist indepen dently of the Code section.

This Bill would allow members who were on active duty in the United States' armed forces from January 1, 1954 until August 5, 1964 to purchase active duty military service credit, excluding reserve service, by paying the required employee contribution on the com pensation they received as employees immediately prior to or following their military ser vice, plus 15 percent interest. Under current law, such credit is limited to active duty service between January 1, 1954 and December 31, 1956. To be eligible to receive credit for military service under this Code section, credit must be purchased prior to January 1, 1988 and could not be used in determination of a member's eligibility for retirement benefits or al lowances under certain other retirement programs or to qualify for retirement as a result of involuntary separation. It should be noted that the military service credit discussed above would not apply to persons becoming members of ERS on or after July 1, 1982.

The Bill would also add language into the Georgia Code stating it is the General Assem-

FRIDAY, FEBRUARY 28, 1986

1467

bly's intention that the Code section concerning membership in ERS beginning on or after July 1, 1982 has not been and may not be amended or repealed by implication.
This is to certify that this is a non-fiscal bill to the Employees' Retirement System.
Is/ G.W. Hogan State Auditor
The Senate Committee on Retirement offered the following substitute to HB 1592:
A BILL
To be entitled an Act to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement, so as to provide certain limitations on the use of military service as creditable service under public retirement or pension systems; to provide for definitions; to change the provisions relating to prior service credit under the Employees' Retirement Sys tem of Georgia for certain military service; to provide that the Code section relating to membership in the Employees' Retirement System of Georgia which begins on or after July 1, 1982, may not be repealed, superseded, or modified by implication; 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. Title 47 of the Official Code of Georgia Annotated, relating to retirement, is amended by adding at the end of Article 1 of Chapter 1, relating to general provisions appli cable to retirement, a new Code Section 47-1-11 to read as follows:
"47-1-11. (a) As used in this Code section, the term:
(1) 'Creditable service' means any period of time which may be used as a factor in the computation of any benefit under a public retirement system.
(2) 'Military service' means service in the armed forces of the United States or in a reserve component of the armed forces of the United States, including the National Guard.
(3) 'Public employee' means elected and appointed officials and employees of the state or any branch, department, board, bureau, commission, authority, or other agency of the state and elected and appointed officials and employees of any political subdivision of the state or of any authority or other agency of any such political subdivision.
(4) 'Public retirement system' means any retirement or pension system now or hereafter created by or pursuant to the authority of Georgia law or the Constitution of Georgia which has public employees as members of the retirement or pension system.
(5) 'Source of authority' means the law, resolution, or ordinance which creates or pro vides for a public retirement system.
(b) Only military service for which a person was discharged or separated under honora ble conditions shall be eligible to be counted as military service for the purpose of obtaining creditable service under any public retirement system, whether presently existing or hereaf ter created, when the source of authority for such public retirement system authorizes mili tary service to be used as a basis to obtain creditable service under such public retirement system.
(c) The provisions of this Code section are a limitation on the use of military service as creditable service under any public retirement system and shall not be construed to create a right to obtain creditable service for military service under any public retirement system when such right does not exist independently of this Code section."
Section 2. Said title is further amended by striking subsection (g) of Code Section 47-296, relating to certain prior service credits under the Employees' Retirement System of Georgia, in its entirety and substituting in lieu thereof a new subsection (g) to read as follows:
"(g) Anything in this chapter to the contrary notwithstanding, any member who was on active duty in the armed forces of the United States at any time from January 1, 1954, until

1468

JOURNAL OF THE SENATE

August 5, 1964, as determined by the person's official military records, may purchase such active duty military service credit, exclusive of reserve service, by paying the required em ployee contributions on the compensation last paid to the member as an employee prior to entering military service or the compensation first paid to the member as an employee after returning from military service plus 15 percent interest on said employee contributions, compounded annually to date of payment. No service in the armed forces shall be creditable under the provisions of this subsection if such service has or will be used in the determina tion of any member's eligibility for retirement benefits or allowances from any other state or federal retirement program, excluding social security and those retirement programs covered under the provisions of Title 10 of the United States Code, Public Law 810, 80th Congress, as amended. To be eligible to receive credit for military service under this subsection or any other subsection, the individual shall purchase such credit prior to January 1, 1988. No military service shall be creditable under the provisions of this subsection if creditable ser vice for the same military service has been obtained under any other provision of this chap ter; provided, however, that if creditable service for military service previously obtained under this chapter is withdrawn as creditable service, then creditable service for the same military service may be obtained under the provisions of this subsection. Under no circum stances shall credit for military service obtained pursuant to the authority of this subsection be used to qualify for retirement as a result of involuntary separation."
Section 3. Said title is further amended by adding at the end of Code Section 47-2-334, relating to membership in the Employees' Retirement System of Georgia which begins on or after July 1, 1982, a new subsection (i) to read as follows:
"(i) The provisions of this Code section shall control over conflicting or inconsistent provisions of this chapter or any other law of this state. It is the intention of the General Assembly that this Code section has not been and may not be repealed, superseded, or modified by implication through the enactment of any other law or through the amendment of any other provision of this chapter or any other existing law, and any modification or repeal of any provision of this Code section may be accomplished only by reference or amendment to or repeal of this specific Code section."
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.

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:

February 25, 1986

SUBJECT: House Bill 1592 Senate Substitute (LC 7 6381S) Employees' Retirement System

This Bill provides that only military service for which a person was discharged or sepa rated under honorable conditions is eligible to be counted as creditable service under any public retirement system, whether presently existing or hereafter created, when military ser vice is authorized to be used as a basis to obtain creditable service under a public retirement system. The Bill also states that the provisions are a limitation on the use of military service

FRIDAY, FEBRUARY 28, 1986

1469

as creditable service and do not create any rights when such right does not exist indepen dently of the Code section.
This Bill would allow members who were on active duty in the United States' armed forces from January 1, 1954 until August 5, 1964 to purchase active duty military service credit, excluding reserve service, by paying the required employee contribution on the com pensation they received as employees immediately prior to or following their military ser vice, plus 15 percent interest. Under current law, such credit is limited to active duty service between January 1, 1954 and December 31, 1956. To be eligible to receive credit for military service under this Code section, or any other subsection, credit must be purchased prior to January 1, 1988 and could not be used in determination of a member's eligibility for retire ment benefits or allowances under certain other retirement programs or to qualify for retire ment as a result of involuntary separation. No military service shall be creditable under these provisions if creditable service for the same military service has been obtained under any other provisions of retirement law. However, if creditable service for military service previously obtained through other provisions of retirement law is withdrawn, creditable ser vice for the same military service may be obtained under these provisions. It should be noted that the military service credit discussed above would not apply to persons becoming members of ERS on or after July 1, 1982.
The Bill would also add language into the Georgia Code stating it is the General Assem bly's intention that the Code section concerning membership in ERS beginning on or after July 1, 1982 has not been and may not be amended or repealed by implication.
This is to certify that this is a non-fiscal bill to the Employees' Retirement System.
/s/ G.W. Hogan State Auditor
Senator Coverdell of the 40th offered the following substitute to HB 1592:
A BILL
To be entitled an Act to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement, so as to provide certain limitations on the use of military service as creditable service under public retirement or pension systems; to provide for definitions; to change the provisions relating to prior service credit under the Employees' Retirement Sys tem of Georgia for certain military service; to provide that the Code section relating to membership in the Employees' Retirement System of Georgia which begins on or after July 1, 1982, may not be repealed, superseded, or modified by implication; 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. Title 47 of the Official Code of Georgia Annotated, relating to retirement, is amended by adding at the end of Article 1 of Chapter 1, relating to general provisions appli cable to retirement, a new Code Section 47-1-11 to read as follows:
"47-1-11. (a) As used in this Code section, the term:
(1) 'Creditable service' means any period of time which may be used as a factor in the computation of any benefit under a public retirement system.
(2) 'Military service' means service in the armed forces of the United States or in a reserve component of the armed forces of the United States, including the National Guard.
(3) 'Public employee' means elected and appointed officials and employees of the state or any branch, department, board, bureau, commission, authority, or other agency of the state and elected and appointed officials and employees of any political subdivision of the state or of any authority or other agency of any such political subdivision.
(4) 'Public retirement system' means any retirement or pension system now or hereafter

1470

JOURNAL OF THE SENATE

created by or pursuant to the authority of Georgia law or the Constitution of Georgia which has public employees as members of the retirement or pension system.
(5) 'Source of authority' means the law, resolution, or ordinance which creates or pro vides for a public retirement system.
(b) Only military service for which a person was discharged or separated under honora ble conditions shall be eligible to be counted as military service for the purpose of obtaining creditable service under any public retirement system, whether presently existing or hereaf ter created, when the source of authority for such public retirement system authorizes mili tary service to be used as a basis to obtain creditable service under such public retirement system.
(c) The provisions of this Code section are a limitation on the use of military service as creditable service under any public retirement system and shall not be construed to create a right to obtain creditable service for military service under any public retirement system when such right does not exist independently of this Code section."
Section 2. Said title is further amended by striking subsection (g) of Code Section 47-296, relating to certain prior service credits under the Employees' Retirement System of Georgia, in its entirety and substituting in lieu thereof a new subsection (g) to read as follows:
"(g) Anything in this chapter to the contrary notwithstanding, any member who was on active duty in the armed forces of the United States during any period of time when a military draft was in effect, as determined by the person's official military records, may purchase such active duty military service credit, exclusive of reserve service, by paying to the board of trustees an amount determined by the board to be sufficient to cover the full actuarial cost of granting the military service credit claimed by the member. No military service shall be creditable under the provisions of this subsection if such service has or will be used in the determination of any member's eligibility for retirement benefits or al lowances from any other state or federal retirement program, excluding social security and those retirement programs covered under the provisions of Title 10 of the United States Code, Public Law 810, 80th Congress, as amended. No military service shall be creditable under the provisions of this subsection if creditable service for the same military service has been obtained under any other provision of this chapter; provided, however, that if credita ble service for military service previously obtained under this chapter is withdrawn as cred itable service, then creditable service for the same military service may be obtained under the provisions of this subsection. Under no circumstances shall credit for military service obtained pursuant to the authority of this subsection be used to qualify for retirement as a result of involuntary separation."
Section 3. Said title is further amended by adding at the end of Code Section 47-2-334, relating to membership in the Employees' Retirement System of Georgia which begins on or after July 1, 1982, a new subsection (i) to read as follows:
"(i) The provisions of this Code section shall control over conflicting or inconsistent provisions of this chapter or any other law of this state. It is the intention of the General Assembly that this Code section has not been and may not be repealed, superseded, or modified by implication through the enactment of any other law or through the amendment of any other provision of this chapter or any other existing law, and any modification or repeal of any provision of this Code section may be accomplished only by reference or amendment to or repeal of this specific Code section."
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.

FRIDAY, FEBRUARY 28, 1986

1471

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

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

STATE AUDITOR'S CERTIFICATION

TO:

The Honorable Paul Coverdell

State Senator

FROM:

G.W. Hogan, State Auditor

DATE:

February 25, 1986

SUBJECT: House Bill 1592 Senate Substitute (LC 17-1096S) Employees' Retirement System

This Bill provides that only military service for which a person was discharged or sepa rated under honorable conditions is eligible to be counted as creditable service under any public retirement system, whether presently existing or hereafter created, when military ser vice is authorized to be used as a basis to obtain creditable service under a public retirement system. The Bill also states that the provisions are a limitation on the use of military service as creditable service and do not create any rights when such right does not exist indepen dently of the Code section.

This Bill would allow members who were on active duty in the United States' armed forces during any period of time when a military draft was in effect to purchase active duty military service credit, excluding reserve service, by paying an amount determined by the board of trustees to be sufficient to cover the full actuarial cost of granting the military service credit. Under current law, such credit is limited to active duty service between Janu ary 1, 1954 and December 31, 1956. No military service shall be creditable under these pro visions if creditable service for the same military service has been obtained through other provisions of retirement law. However, if creditable service for military service previously obtained through other provisions of retirement law is withdrawn, creditable service for the same military service may be obtained under these provisions. Military service credit ob tained through the provisions affected by this Bill may not be used to qualify for retirement as a result of involuntary separation. It should be noted that the military service credit discussed above would not apply to persons becoming members of ERS on or after July 1, 1982.

The Bill would also add language into the Georgia Code stating it is the General Assem bly's intention that the Code section concerning membership in ERS beginning on or after July 1, 1982 has not been and may not be amended or repealed by implication.

This is to certify that this is a non-fiscal amendment to HB 1592 (LC 7 6307S) which was also certified as non-fiscal to the Employees' Retirement System.

M G.W. Hogan State Auditor

On the adoption of the substitute to HB 1592 offered by the Senate Committee on Retirement, Senator Coverdell of the 40th called for the yeas and nays; the call was sus tained, and the vote was as follows:

1472

JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes
Bond SB,,BBrrroovWwua6nnnntoofrf,. 4^4,,67_tt.hu,h Deal Dean English Fincher Foster

Garner Gillis Harris Holloway
Howard H.H,K,,uuendeengme.inds,sy Kidd Langford McGill McKenzie Peevy

Perry Phillips Ray Reddish
Scott of 2nd SQooS.tct, auormtrtb, oafug3h6uth Tate Timmons Trulock Turner Walker

Those voting in the negative were Senators:

Albert Brannon Brantley Burton

Coverdell Engram Greene Hine

Horton Land Tolleson Tysinger

Those not voting were Senators:

Cobb (excused) Coleman

Dawkins

Harrison

On the adoption of the substitute, the yeas were 40, nays 12, and the substitute to HB 1592 offered by the Senate Committee on Retirement was adopted.

The President ruled that, since the substitute to HB 1592 offered by the Senate Com mittee on Retirement was adopted, the substitute to HB 1592 offered by Senator Coverdell of the 40th became moot.
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 Bond Bowen Brantley Broun of 46th Brown of 47th Bryant
Burton Coleman Dawkins Deal Dean English

Engram Fincher Foster Garner Gillis Harris Hine Holloway Horton Howard
Huggins Kennedy Kidd Land Langford McGill

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

FRIDAY, FEBRUARY 28, 1986

1473

Those voting in the negative were Senators:

Albert Brannon

Coverdell Greene

Tolleson

Those not voting were Senators:

Cobb (excused)

Harrison

Hudgins

On the passage of the bill, the yeas were 48, nays 5.

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

Senator Coverdell of the 40th moved that HB 1592 be immediately transmitted to the House.

On the motion, the yeas were 40, nays 0; the motion prevailed, and HB 1592 was imme diately transmitted to the House.

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

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.
Senate Sponsor: Senator Turner of the 8th.

The Senate Committee on Agriculture offered the following amendment:

Amend HB 1686 by adding ", or his designee" after the words "the commissioner of industry and trade, ex officio" on lines 7 and 8 of Page 3 and on lines 25 and 26 of Page 3.

On the adoption of the amendment, the yeas were 34, nays 0, and the amendment was adopted.

Senators Turner of the 8th and McGill of the 24th offered the following substitute to HB 1686:

A BILL
To be entitled an Act to amend Chapter 10 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Development Authority, so as to revise extensively the provisions relating to the Georgia Development Authority; to change the membership; to provide for the appointment and terms of members of the authority; to provide the powers of the authority; to provide for certain programs of the authority; to provide that property of the authority, including long-term notes secured by real estate and held by the authority, shall be tax-exempt; to provide for the venue of legal actions brought against the authority; 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 10 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Development Authority, is amended by striking subsections (c) and (d) of Code Section 50-10-2, relating to legislative intent and the Georgia Development Authority, which read as follows:
"(c) It is found and declared that there exists a great and growing need in the state for the construction of environmental facilities for the furnishing of clear and wholesome water

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to the general public and for the preservation and improvement of the quality of the envi ronment. Financial assistance is an important inducement to construct such facilities and, therefore, this necessity, in the public interest and for the public benefit and good, is de clared as a matter of legislative determination.
(d) It is further the purpose and intent of this chapter to provide an instrumentality to provide environmental facilities to assist local governments in constructing, extending, reha bilitating, repairing, and renewing environmental facilities and to assist in the financing of such needs by providing grants, loans, bonds, and other assistance to local governments."
Section 2. Said chapter is further amended by striking from subsection (a) of Code Section 50-10-3, relating to the creation and membership of the authority, generally, the following:
"The authority shall consist of ten members: the Commissioner of Agriculture, ex officio; the state auditor, ex officio; the commissioner of industry and trade, ex officio; the commissioner of community affairs, ex officio; and six members to be appointed by the Gov ernor. Two members are to be from and represent the interests of agriculture, two members are to be from and represent the interests of industry, and two members are to be from and represent the interests of local governments in Georgia. The terms of all members of the authority who are in office on March 1, 1983, shall terminate on July 1, 1983. The Governor shall then appoint three members, one each representing agriculture, industry, and local governments, to serve until July 1, 1986, and three members, one each representing agricul ture, industry, and local governments, to serve until July 1, 1987. After expiration of these terms, the terms of all succeeding members shall be for four years.",
and inserting in lieu thereof the following:
"The authority shall consist of seven members: the Commissioner of Agriculture, ex officio, who shall be chairman of the authority; the state auditor, ex officio; the commis sioner of industry and trade, ex officio; two members of the public appointed by the Gover nor; and two members representing the interests of agriculture appointed by the Governor. Appointed members shall serve for terms of office of four years and until their successors are appointed and qualified. The authority shall be deemed to be the successor in law and interest to the Georgia Development Authority created by the General Assembly in Ga. L. I960, p. 764, as amended by Ga. L. 1983, p. 1026.",
so that when so amended subsection (a) of Code Section 50-10-3 shall read as follows:
"(a) There is created a body corporate and politic to be known as the Georgia Develop ment Authority which shall be deemed an instrumentality of the state and a public corpora tion; and by that name, style, and title such body may contract and be contracted with and bring and defend actions in all courts of this state. The authority shall consist of seven members: the Commissioner of Agriculture, ex officio, who shall be chairman of the author ity; the state auditor, ex officio; the commissioner of industry and trade, ex officio; two mem bers of the public appointed by the Governor; and two members representing the interests of agriculture appointed by the Governor. Appointed members shall serve for terms of office of four years and until their successors are appointed and qualified. The authority shall be deemed to be the successor in law and interest to the Georgia Development Authority cre ated by the General Assembly in Ga. L. 1960, p. 764, as amended by Ga. L. 1983, p. 1026."
Section 3. Said chapter is further amended by striking subsections (d) and (e) of Code Section 50-10-3, relating to the creation and membership of the authority, which read as follows:
"(d) There shall be an executive committee consisting of five members of the authority to be known as the Rural Rehabilitation Committee. The chairman of the Rural Rehabilita tion Committee shall be the Commissioner of Agriculture, ex officio. The other members of the committee shall be the state auditor, ex officio, the two members of the authority who represent the interests of agriculture, and one member of the authority designated by the authority. The Rural Rehabilitation Committee shall administer all assets received by the authority under the terms of Public Law 499, Eighty-first Congress, Second Session, and all

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assets of the authority derived therefrom and shall be authorized to employ agents to ac complish such administration. Neither the Rural Rehabilitation Committee nor the author ity shall at any time commingle assets provided to the authority under the terms of Public Law 499, Eighty-first Congress, Second Session, with other assets of the authority. The Ru ral Rehabilitation Committee shall maintain a separate accounting of such assets and shall maintain suitable books and records of such assets which shall be audited as are the books and records of the authority for other assets. Contracts concerning assets provided to the authority under the terms of Public Law 499, Eighty-first Congress, Second Session, shall be executed by the committee.
(e) The Authority is assigned to the Department of Community Affairs for administra tive purposes only.",
and inserting in lieu thereof new subsections (d) and (e) to read as follows:
"(d) All assets received by the authority under the terms of Public Law 499, Eighty-first Congress, Second Session, and all assets of the authority derived therefrom, shall be admin istered by the authority under the terms of such law, and the authority shall be authorized to employ agents to accomplish such administration. The authority shall not at any time commingle assets provided to the authority under the terms of Public Law 499, Eighty-first Congress, Second Session, with other assets of the authority. The authority shall maintain a separate accounting of such assets and shall maintain suitable books and records of such assets which shall be audited as are the books and records of the authority for other assets.
(e) The authority is assigned to the Department of Agriculture for administrative pur poses only."
Section 4. Said chapter is further amended by striking Code Section 50-10-4 through Code Section 50-10-21 which read as follows:
"50-10-4. As used in this chapter, the term:
(1) 'Authority' means the Georgia Development Authority.
(2) 'Bond' includes revenue bond.
(3) 'Cost of project' or 'cost of any project' means:
(A) All costs of acquisition, by purchase or otherwise, construction, assembly, installa tion, modification, renovation, or rehabilitation incurred in connection with any project or any part of any project;
(B) All costs of real property, fixtures, or personal property used in or in connection with or necessary for any project or for any facilities related thereto, including but not lim ited to, the cost of all land, estates for years, easements, rights, improvements, water rights, connections for utility services; fees, franchises, permits, approvals, licenses, and certificates; the cost of securing any such franchises, permits, approvals, licenses, or certificates; the cost of preparation of any application therefor; and the cost of all fixtures, machinery, equip ment, furniture, and other property used in or in connection with or necessary for any project;
(C) All financing charges, bond insurance, and loan or loan guarantee fees and all inter est on revenue bonds, notes, or other obligations of the authority which accrues or is paid prior to and during the period of construction of a project and during such additional period as the authority may reasonably determine to be necessary to place such project in operation;
(D) All costs of engineering, surveying, planning, environmental assessments, financial analyses, and architectural, legal, and accounting services and all expenses incurred by engi neers, surveyors, planners, environmental scientists, fiscal analysts, architects, attorneys, and accountants in connection with any project;
(E) All expenses for inspection of any project;
(F) All fees of fiscal agents, paying agents, and trustees for bondholders under any bond

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resolution, trust agreement, indenture of trust, or similar instrument or agreement; all ex penses incurred by any such fiscal agents, paying agents, and trustees; and all other costs and expenses incurred relative to the issuance of any bonds, revenue bonds, notes, or other obligations for any project, including bond insurance;
(G) All fees of any type charged by the authority in connection with any project;
(H) All expenses of or incidental to determining the feasibility or practicability of any project;
(I) All costs of plans and specifications for any project;
(J) All costs of title insurance and examinations of title with respect to any project;
(K) Repayment of any loans for the advance payment of any part of any of the forego ing costs, including interest thereon and any other expenses of such loans;
(L) Administrative expenses of the authority and such other expenses as may be neces sary or incidental to any project or the financing thereof or the placing of any project in operation; and
(M) The establishment of a fund or funds for the creation of a debt service reserve, a renewal and replacement reserve, or such other funds or reserves as the authority may ap prove with respect to the financing and operation of any project and as may be authorized by any bond resolution, trust agreement, indenture, or trust or similar instrument or agree ment pursuant to the provisions of which the issuance of any revenue bonds, notes, or other obligations of the authority may be authorized.
Any cost, obligation, or expense incurred for any of the purposes specified in this paragraph shall be a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds, notes, or other obligations issued by the authority.
(4) 'County' means any county created under the Constitution or laws of this state.
(5) 'Environmental facilities' means any projects, structures, and other real or personal property acquired, rehabilitated, constructed, or planned:
(A) For the purposes of supplying, distributing and treating water and diverting, chan neling, or controlling water flow and head including, but not limited to, surface or ground water, canals, reservoirs, channels, basins, dams, aqueducts, standpipes, penstocks, conduits, pipelines, mains, pumping stations, water distribution systems, compensating reservoirs, in take stations, water works or sources of water supply, wells, purification or filtration plants or other treatment plants and works, connections, water meters, mechanical equipment, electric generating equipment, rights of flowage or division and other plant structures, equipment, conveyances, real or personal property or rights therein and appurtenances, fur nishings, accessories, and devices thereto necessary or useful and convenient for the collec tion, conveyance, distribution, pumping, treatment, storing, or disposing of water; and
(B) For the purposes of collecting, treating, or disposing of sewage including, but not limited to, main, trunk, intercepting, connecting, lateral, outlet, or other sewers, outfall, pumping stations, treatment and disposal plants, ground water rechange basins, backflow prevention devices, sludge dewatering or disposal equipment and facilities, clarifiers, filters, phosphorus removal equipment and other plants, soil absorption systems, innovative sys tems or equipment, structures, equipment, vehicles, conveyances, real or personal property or rights therein, and appurtenances thereto necessary or useful and convenient for the col lection, conveyance, pumping, treatment, neutralization, storing, and disposing of sewage.
(6) 'Environmental services' means the provision, collectively or individually, of water facilities, sewerage facilities, or management services.
(7) 'Local government' or 'local governing authority' means any municipal corporation or county or any local water or sewer or sanitary district and any state or local authority, board, or political subdivision created by the General Assembly or pursuant to the Constitu tion and laws of the state.

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(8) 'May' means permission and not command.
(9) 'Municipal corporation* or 'municipality' means any city or town in this state.
(10) 'Obligation' means any bond, revenue bond, note, lease, contract, evidence of in debtedness, debt, or other obligation of the authority, the state, or local governments which are authorized to be issued under this chapter or under the Constitution or other laws of this state, including refunding bonds.
(11) 'Project' means the acquisition, construction, installation, modification, renovation, repair, extension, renewal, replacement, or rehabilitation of land, interest in land, buildings, structures, facilities, or other improvements and the acquisition, installation, modification, renovation, repair, extension, renewal, replacement, rehabilitation, or furnishing of fixtures, machinery, equipment, furniture, or other property of any nature whatsoever used on, in, or in connection with any such land, interest in land, building, structure, facility, or other im provement, all for the essential public purpose of providing environmental facilities and services to meet public health and environmental standards and to aid the development of trade, commerce, industry, agriculture, and employment opportunities.
(12) 'Revenue bond' includes bond.
(13) 'Sewerage facility' means any environmental facility described in subparagraph (B) of paragraph (5) of this Code section, defining 'environmental facilities.'
(14) 'Water facility' means any environmental facility described in subparagraph (A) of paragraph (5) of this Code section, defining 'environmental facilities.'
50-10-5. (a) The corporate purpose and the general nature of the business of the Geor gia Development Authority shall be:
(1) Rural rehabilitation permissible under the charter of the Georgia Rural Rehabilita tion Corporation and contained in paragraph (3) thereof and within the meaning of Public Law 499, Eighty-first Congress, Second Session; and nothing contained in this chapter shall be construed to permit the violation of trust agreements, contracts, or other obligations en tered into by the state or the authority pursuant to Public Law 499, Eighty-first Congress, Second Session, or to encumber assets of the authority necessary to the performance of such trust agreements, contracts, or obligations, and no bonds, revenue bonds, notes, or other obligations of the authority issued for an environmental facility project may encumber as sets of the authority provided to it under the provisions of Public Law 499, Eighty-first Congress, Second Session, nor any funds derived or to be derived from such assets.
The authority shall at no time commingle funds obtained under the provisions of Public Law 499, Eighty-first Congress, Second Session, or funds derived from such assets with other funds of the authority, and such funds shall not be liable for any deficit, default, or failure of any environmental facility project; nor shall funds obtained by the authority, through the issuance of obligations or otherwise, for environmental facility projects be liable for any deficit, default, or failure of any program insured, guaranteed, or involving funds obtained by the authority under Public Law 499, Eighty-first Congress, Second Session, or arising under Public Law 499, Eighty-first Congress, Second Session;
(2) The development of agriculture and industry generally within the state by provid ing, securing, or guaranteeing loans for such purposes;
(3) Possession of and operation under any franchise, license, or permit granted to it by the United States or this state for a business purpose; and
(4) Assistance to local governments in constructing, extending, rehabilitating, repairing, replacing, and renewing environmental facilities needs necessary for public purposes and commercial, residential, and industrial development or necessary or incidental to such de velopment by providing grants, loans, bonds, and other forms of financial and technical as sistance to local governments by providing such facilities.
(b) The corporate powers of the authority shall be those provided in this chapter.

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(c) In addition to, and not in limitation of, the powers granted in this chapter, the Georgia Development Authority shall have and may exercise the power and authority to guarantee or insure loans made for rural rehabilitation purposes or for agricultural and in dustrial development, provided that, with respect to any such guarantee or contract of in surance made by the Rural Rehabilitation Committee involving an asset provided to the authority under Public Law 499, Eighty-first Congress, Second Session, the authority shall maintain a reserve or insurance fund out of such assets in an amount not less than 15 per cent of the contingent liability existing by reason of any such contracts of insurance or guar antee made by the Rural Rehabilitation Committee. The reserve or insurance fund of the authority may be invested.
(d) Except as otherwise limited by this chapter, the authority's powers are reaffirmed and expanded as follows, which reaffirmed and expanded powers are to be considered cumu lative of the powers previously given the authority. The authority shall have power:
(1) To sue and be sued in all courts of this state, the original jurisdiction and venue of such actions being the Superior Court of Fulton County;
(2) To have a seal and alter the same at its pleasure;
(3) To make and execute contracts, lease agreements, and all other instruments neces sary or convenient to exercise the powers of the authority or to further the public purpose for which the authority is created, such contracts, leases, or instruments to include contracts for construction, operation, management, or maintenance of projects and facilities owned by local government, the authority, or by the state or any state authority; and any and all local governments, departments, institutions, or agencies of the state are authorized to enter into contracts, leases, agreements, or other instruments with the authority upon such terms and to transfer real and personal property to the authority for such consideration and for such purposes as they deem advisable;
(4) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real or personal property of every kind and character, or any interest therein, in furtherance of the public purpose of the authority;
(5) To appoint officers, agents, and employees, prescribe their duties and qualifications, and fix their compensation;
(6) To finance by loan, loan guarantee, grant, lease, or otherwise, and to construct, erect, assemble, purchase, acquire, own, repair, remodel, renew, replace, renovate, rehabili tate, modify, maintain, extend, improve, install, sell, lease, equip, expand, add to, operate, or manage projects and to pay the cost of any project from the proceeds of bonds, revenue bonds, notes, or other obligations of the authority or any other funds of the authority or from any contributions or loans by persons, corporations, partnerships, whether limited or general, or other entities, all of which the authority is authorized to receive, accept, and use;
(7) To make loans, through the acquisition of bonds, revenue bonds, notes, or other obligations, and to make grants to local governments or state or local governmental agencies for the acquisition or construction of agricultural, industrial, or commercial facilities and of environmental facilities by any such local government or state or local governmental agency and to adopt rules, regulations, and procedures for making such loans and grants;
(8) To borrow money to further or carry out its public purpose and to issue revenue bonds, notes, or other obligations to evidence such loans and to execute leases, trust inden tures, trust agreements for the sale of its revenue bonds, notes, or other obligations, loan agreements, mortgages, deeds to secure debt, trust deeds, security agreements, assignments, and such other agreements or instruments as may be necessary or desirable in the judgment of the authority, and to evidence and to provide security for such loans;
(9) To issue revenue bonds, bonds, notes, or other obligations of the authority, to re ceive payments from the Department of Community Affairs, and to use the proceeds thereof for the purpose of:
(A) Paying or loaning the proceeds thereof to pay, all or any part of, the cost of any

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project or the principal of and premium, if any, and interest on the revenue bonds, bonds, notes, or other obligations of any local government issued for the purpose of paying in whole or in part, the cost of any project and having a final maturity not exceeding three years from the date of original issuance thereof;
(B) Paying all costs of the authority incidental to, or necessary and appropriate to, furthering or carrying out the purposes of the authority; and
(C) Paying all costs of the authority incurred in connection with the issuance of the revenue bonds, bonds, notes, or other obligations;
(10) To collect fees and charges in connection with its loans, commitments, and servic ing including, but not limited to, reimbursements of costs of financing, as the authority shall determine to be reasonable and as shall be approved by the authority;
(11) Subject to any agreement with bondholders, to invest moneys of the authority not required for immediate use to carry out the purposes of this chapter, including the proceeds from the sale of any bonds and any moneys held in reserve funds, in obligations which shall be limited to the following:
(A) Bonds or other obligations of the state or bonds or other obligations, the principal and interest of which are guaranteed by the state;
(B) Bonds or other obligations of the United States or of subsidiary corporations of the United States government fully guaranteed by such government;
(C) Obligations of agencies of the United States government issued by the Federal Land Bank, the Federal Home Loan Bank, the Federal Intermediate Credit Bank, and the Bank for Cooperatives;
(D) Bonds or other obligations issued by any public housing agency or municipality in the United States, which bonds or obligations are fully secured as to the payment of both principal and interest by a pledge of annual contributions under an annual contributions contract or contracts with the United States government, or project notes issued by any public housing agency, urban renewal agency, or municipality in the United States and fully secured as to payment of both principal and interest by a requisition, loan, or payment agreement with the United States government;
(E) Certificates of deposit of national or state banks located within the state which have deposits insured by the Federal Deposit Insurance Corporation or any Georgia deposit in surance corporation and certificates of deposit of federal savings and loan associations and state building and loan associations located within the state which have deposits insured by the Federal Savings and Loan Insurance Corporation or any Georgia deposit insurance cor poration, including the certificates of deposit of any bank, savings and loan association, or building and loan association acting as depository, custodian, or trustee for any such bond proceeds; provided, however, that the portion of such certificates of deposit in excess of the amount insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation or any Georgia deposit insurance corporation, if any such ex cess exists, shall be secured by deposit with the Federal Reserve Bank of Atlanta, Georgia, or with any national or state bank located within the state, of one or more of the following securities in an aggregate principal amount equal at least to the amount of such excess:
(i) Direct and general obligations of the state or of any county or municipality in the state;
(ii) Obligations of the United States or subsidiary corporations included in subparagraph (B) of this paragraph;
(iii) Obligations of agencies of the United States government included in subparagraph (C) of this paragraph; or
(iv) Bonds, obligations, or project notes of public housing agencies, urban renewal agen cies, or municipalities included in subparagraph (D) of this paragraph; and

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(F) Interest-bearing time deposits, repurchase agreements, reverse repurchase agree ments, rate guarantee agreements, or other similar banking arrangements with a bank or trust company having capital and surplus aggregating at least $50 million or with any gov ernment bond dealer reporting to, trading with, and recognized as a primary dealer by the Federal Reserve Bank of New York having capital aggregating at least $50 million or with any corporation which is subject to registration with the Board of Governors of the Federal Reserve System pursuant to the requirements of the Bank Holding Company Act of 1956, provided that each such interest-bearing time deposit, repurchase agreement, reverse repur chase agreement, rate guarantee agreement, or other similar banking arrangement shall per mit the moneys so placed to be available for use at the time provided with respect to the investment or reinvestment of such moneys and provided, further, that all moneys in each such interest-bearing time deposit, repurchase agreement, reverse repurchase agreement, rate guarantee agreement, or other similar banking arrangement shall be continuously and fully secured by obligations described in subparagraph (A), (B), (C), or (D) of this para graph, equal at all times to the amount of the interest-bearing time deposit, repurchase agreement, reverse repurchase agreement, rate guarantee agreement, or other similar bank ing arrangements;
(12) To acquire or contract to acquire from any person, firm, corporation, local govern ment, federal or state agency, or corporation by grant, purchase, or otherwise, leaseholds, real or personal property, or any interest therein; and to sell, assign, exchange, transfer, convey, lease, mortgage, or otherwise dispose of or encumber the same; and local govern ment is authorized to grant, sell, or otherwise alienate leaseholds, real and personal prop erty, or any interest therein to the authority;
(13) To invest any moneys held in debt service funds or sinking funds not restricted as to investment by the Constitution or laws of this state or the federal government or by contract not required for immediate use or disbursement in obligations of the types speci fied in paragraph (11) of this subsection, provided that, for the purposes of this paragraph, the amounts and maturities of such obligations shall be based upon and correlated to the debt service, which debt service shall be the principal installments and interest payments, schedule for which such moneys are to be applied;
(14) To provide advisory, technical, consultative, training, educational, and project as sistance services to the state and local government and to enter into contracts with the state and local government to provide such services. The state and local governments are author ized to enter into contracts with the authority for such services and to pay for such services as may be provided them;
(15) To make loan commitments and loans to local government and to enter into option arrangements with local government for the purchase of said bonds, revenue bonds, notes, or other obligations;
(16) To sell or pledge any bonds, revenue bonds, notes, or other obligations acquired by it whenever it is determined by the authority that the sale thereof is desirable;
(17) To apply for and to accept any gifts or grants or loan guarantees or loans of funds or property or financial or other aid in any form from the federal government or any agency or instrumentality thereof, or from the state or any agency or instrumentality thereof, or from any other source for any or all of the purposes specified in this chapter and to comply, subject to the provisions of this chapter, with the terms and conditions thereof;
(18) To lease to local governments any authority owned facilities or property or any state owned facilities or property which the authority is managing under contract with the state;
(19) To contract with state agencies or any local government for the use by the author ity of any property or facilities or services of the state or any such state agency or local government or for the use by any state agency or local government of any facilities or ser vices of the authority and such state agencies and local governments are authorized to enter into such contracts;

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(20) To extend credit or make loans, including the acquisition of bonds, revenue bonds, notes, or other obligations to the state, any local government, or other entity, including the federal government, for the cost or expense of any project or any part of the cost or expense of any project, which credit or loans may be evidenced or secured by trust indentures, loan agreements, notes, mortgages, deeds to secure debt, trust deeds, security agreements, or as signments, on such terms and conditions as the authority shall determine to be reasonable in connection with such extension of credit or loans, including provision for the establish ment and maintenance of reserve funds; and, in the exercise of powers granted by this chap ter in connection with any project, the authority shall have the right and power to require the inclusion in any such trust indentures, loan agreement, note, mortgage, deed to secure debt, trust deed, security agreement, assignment, or other instrument such provisions or requirements for guaranty of any obligations, insurance, construction, use, operation, main tenance, and financing of a project and such other terms and conditions as the authority may deem necessary or desirable;
(21) As security for repayment of any bonds, revenue bonds, notes, or other obligations of the authority, to pledge, lease, mortgage, convey, assign, hypothecate, or otherwise en cumber any property of the authority including, but not limited to, real property, fixtures, personal property, and revenues or other funds and to execute any lease, trust indenture, trust agreement, agreement for the sale of the authority's revenue bonds, notes or other obligations, loan agreement, mortgage, deed to secure debt, trust deed, security agreement, assignment, or other agreement or instrument as may be necessary or desirable, in the judg ment of the authority, to secure any such revenue bonds, notes, or other obligations, which instruments or agreements may provide for foreclosure or forced sale of any property of the authority upon default in any obligation of the authority, either in payment of principal, premium, if any, or interest or in the performance of any term or condition contained in any such agreement or instrument;
(22) To receive and use the proceeds of any tax levied by a local government to pay all or any part of the cost of any project or for any other purpose for which the authority may use its own funds pursuant to this chapter;
(23) To use income earned on any investment for such corporate purposes of the au thority as the authority in its discretion shall determine;
(24) To cooperate and act in conjunction with industrial, commercial, medical, scien tific, public interest, or educational organizations; with agencies of the federal government and this state and local government; with other states and their political subdivisions; and with joint agencies thereof and such state agencies, local government, and joint agencies are authorized and empowered to cooperate and act in conjunction, and to enter into contracts or agreements with the authority and local government to achieve or further the policies of the state declared in this chapter;
(25) To adopt bylaws governing the conduct of business by the authority, the election and duties of officers of the authority, and other matters which the authority determines to deal with in its bylaws;
(26) To exercise any power granted by the laws of this state to public or private corpo rations which is not in conflict with the public purpose of the authority;
(27) To do all things necessary or convenient to carry out the powers conferred by this chapter; and
(28) To designate three or more of its number to constitute an executive committee who, to the extent provided in such resolution or in the bylaws of the authority, shall have and may exercise the powers of the authority in the management of the affairs and property of the authority and the exercise of its powers.
(e) The authority shall not have the power of eminent domain.
50-10-6. (a) The authority may make loans to a local government to pay all or any part of the cost of a project. The authority may require the local government to issue bonds or

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revenue bonds as evidence of such loans. The authority and a local government may enter into such loan commitments and option agreements as may be determined appropriate by the authority.
(b) The authority may require as a condition of any loan to a local government that such local government shall perform any or all of the following:
(1) In the case of loans for a sewerage facility, establish and collect sewer rents, rates, fees, and charges so as to produce revenues sufficient to pay all or a specified portion of:
(A) Costs of operation, maintenance, replacement, renewal, and repairs; and
(B) Outstanding indebtedness incurred for the purposes of such sewerage facility, in cluding the principal of and interest on the bond, revenue bond, note, or other obligation issued by the local government, as the same shall become due and payable, and to create and maintain any required reserves;
(2) In the case of loans for a water facility, establish and collect rents, rates, fees, and charges so as to produce revenues sufficient to pay all or a specified portion of:
(A) Costs of operation, maintenance, renewal, replacement, and repairs of the water facility of such local government; and
(B) Outstanding indebtedness incurred for the purposes of such water facility, including the principal of and interest on the bonds, revenue bonds, notes, or other obligations issued by the local government, as the same shall become due and payable, and to create and maintain any required reserves;
(3) Create and maintain a special fund or funds, as additional security for the payment of the principal of such revenue bonds and the interest thereon and any other amounts becoming due under any agreement, entered into in connection therewith and for the de posit therein of such revenues as shall be sufficient to make such payment as the same shall become due and payable;
(4) Create and maintain such other special funds as may be required by the authority; and
(5) Perform such other acts, including the conveyance of real and personal property together with all right, title, or interest therein to the authority, or take other actions as may be deemed necessary or desirable by the authority to secure the payment of the princi pal of and interest on such bonds, revenue bonds, notes, or other obligations and to provide for the remedies of the authority in the event of any default by such local government in such payment.
(c) All local governments issuing and selling bonds, revenue bonds, notes, or other obli gations to the authority are authorized to perform such acts, take such action, adopt such proceedings, and to make and carry out such contracts with the authority as may be con templated by this chapter.
(d) In connection with the making of any loan authorized by this chapter, the authority may fix and collect such fees and charges including, but not limited to, reimbursement of all costs of financing by the authority, as the authority shall determine to be reasonable. Neither the Public Service Commission nor any local government or state agency shall have jurisdiction over the authority's power over the regulation of such fees or charges.
50-10-7. (a) For the purposes of this chapter, the term 'lease agreement' shall mean and include a lease, operating lease rental agreement, usufruct, sale and lease back, or any other lease agreement having a term of not more than 50 years and concerning real, personal, or mixed property, any right, title, or interest therein by and between the state, the authority, a local government, or any combination thereof.
(b) A local government by resolution of its governing body may enter into a lease agree ment for the provision of environmental services utilizing facilities owned by the authority upon such terms and conditions as the authority shall determine to be reasonable including,

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but not limited to, the reimbursement of all costs of construction and financing and claims arising therefrom.
(c) No lease agreement shall be deemed to be a contract subject to any law requiring that contract shall be let only after receipt of competitive bids.
(d) Any lease agreement may provide for the construction of such environmental facil ity by the local government as agent for the authority. In such event, all contracts for such construction shall be let by such local government in accordance with the provisions of law otherwise applicable to the letting of such contracts by such local government and with the provisions of state law pertaining to prevailing wages, labor standards, and working hours. Any such lease agreement may contain provisions by which such local government shall indemnify the authority against any and all damages resulting from acts or omissions to act on the part of such local government or its officers, agents, or employees in constructing such facility or facilities, in letting any contracts in connection therewith, or in operating and maintaining the same.
(e) Any lease agreement executed by the authority directly with any local government may provide at the termination thereof that title to the environmental facility project shall vest in the local government or its successor in interest, if any, free and clear of any liens or encumbrances created in connection with any contract or bonds, revenue bonds, notes, or other obligations involving the authority.
(f) Any lease agreement directly between the state or authority and a local government may contain provisions requiring the local government to perform any or all of the following:
(1) In the case of a sewerage facility, to establish and collect sewer rents, rates, fees, and charges so as to produce revenues sufficient to pay all or a specified portion of:
(A) The costs of operation, maintenance, renewal, replacement, and repairs of the sew erage facility of such local government; and
(B) Outstanding bonds, revenue bonds, notes, or other obligations incurred for the pur poses of such sewerage facility and to provide for the payment of all amounts as they shall become due and payable under the terms of such lease agreement, including amounts for the creation and maintenance of any required reserves;
(2) In the case of a water facility, to establish and collect rents, rates, fees, and charges so as to produce revenues sufficient to pay all or a specified portion of:
(A) The costs of operation, maintenance, renewal, and repairs of the water facility of such local government; and
(B) Outstanding bonds, revenue bonds, notes, or other obligations incurred for the pur poses of such water facility and to provide for the payment of all amounts as they shall become due and payable under the terms of such lease agreement, including amounts for the creation and maintenance of any required reserves;
(3) To create and maintain reasonable reserves or other special funds;
(4) To create and maintain a special fund or funds, as additional security for the punc tual payment of any rentals due under such lease agreement and for the deposit therein of such revenues as shall be sufficient to pay said lease rentals and any other amounts becom ing due under such lease agreements as the same shall become due and payable; or
(5) To perform such other acts and take such other action as may be deemed necessary and desirable by the authority to secure the complete and punctual performance by such local government of such lease agreements and to provide for the remedies of the authority in the event of a default by such local government in such payment.
50-10-8. (a) The authority shall have the power and is authorized from time to time to issue bonds, in such principal amounts as it may determine to be necessary to pay all or a portion of the cost of any project or environmental facilities, to provide amounts necessary

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for any corporate purposes, including incidental expenses in connection with the issuance of the bonds.
(b) In addition, the authority shall have the power and is authorized to issue bonds in such principal amounts as the authority deems appropriate, such bonds to be primarily se cured by a pool of obligations issued by local governments when the proceeds of the local government obligations are applied to local environmental facility projects.
(c) The authority shall have the power from time to time to refund any bonds by the issuance of new bonds whether the bonds to be refunded have or have not matured and may issue bonds partly to refund bonds then outstanding and partly for any other corporate purpose.
(d) Bonds issued by the authority shall be special obligations payable solely out of par ticular revenues or other moneys of the authority as may be designated in the proceedings of the authority under which the bonds shall be authorized to be issued, subject to any agreements entered into between the authority and state agencies, local government, or pri vate parties and subject to any agreements with the holders of outstanding bonds pledging any particular revenues or moneys.
(e) (1) The authority is authorized to obtain from any department, agency, or corpora tion of the United States of America or governmental insurer, including the state, any insur ance or guaranty, to the extent now or hereafter available, as to or for the payment or repayment of interest or principal, or both, or any part thereof on any bonds or notes issued by the authority or on any obligations of federal, state, or local governments purchased or held by the authority; and to enter into any agreement or contract with respect to any such insurance or guaranty, except to the extent that the same would in any way impair or inter fere with the ability of the authority to perform and fulfill the terms of any agreement made with the holders of the bonds or notes of the authority.
(2) Bonds issued by the authority shall be authorized by resolution of the authority, be in such denominations, bear such date or dates, and mature at such time or times as the authority determines to be appropriate, except that bonds and any renewal thereof shall mature within 25 years of the date of their original issuance. Such bonds shall be subject to such terms of redemption, bear interest at such rate or rates payable at such times, be in such form, either coupon or registered, as to principal or interest or both principal and interest, carry such registration privileges, be executed in such manner, be payable in such medium of payment at such place or places, and be subject to such terms and conditions as such resolution of the authority may provide. Bonds may be sold at public or private sale for such price or prices as the authority shall determine.
(3) Any resolution or resolutions authorizing bonds or any issue of bonds may contain provisions which may be a part of the contract with the holders of the bonds thereby au thorized as to:
(A) Pledging all or part of its revenues, together with any other moneys, securities, contracts, or property to secure the payment of the bonds, subject to such agreements with bondholders as may then exist;
(B) Setting aside of reserves and the creation of sinking funds and the regulation and disposition thereof;
(C) Limiting the purpose to which the proceeds from the sale of bonds may be applied;
(D) Limiting the right of the authority to restrict and regulate the use of any project or part thereof in connection with which bonds are issued;
(E) Limiting the issuance of additional bonds, the terms upon which additional bonds may be issued and secured and the refunding of outstanding or other bonds;
(F) Setting the procedure, if any, by which the terms of any contract with bondholders may be amended or abrogated, including the proportion of bondholders which must consent thereto and the manner in which such consent may be given;

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(G) Creating special funds into which any revenues or other moneys may be deposited;
(H) Setting the terms and provisions of any trust, deed, or indenture or other agree ment under which the bonds may be issued;
(I) Vesting in a trustee or trustees such properties, rights, powers, and duties in trust as the authority may determine, which may include any or all of the rights, powers, and duties of the trustee appointed by the bondholders pursuant to Code Section 50-10-11 and limiting or abrogating the rights of the bondholders to appoint a trustee under such Code section or limiting the rights, duties, and powers of such trustee;
(J) Defining the acts or omissions to act which may constitute a default in the obliga tions and duties of the authority to the bondholders and providing for the rights and reme dies of the bondholders in the event of such default, including as a matter of right the appointment of a receiver; provided, however, that such rights and remedies shall not be inconsistent with the general laws of the state and other provisions of this chapter;
(K) Limiting the power of the authority to sell or otherwise dispose of any environmen tal facility or any part thereof or other property, including municipal bonds held by it;
(L) Limiting the amount of revenues and other moneys to be expended for operating, administrative, or other expenses of the authority;
(M) Providing for the payment of the proceeds of bonds, obligations, revenues, and other moneys to a trustee or other depository and for the method of disbursement thereof with such safeguards and restrictions as the authority may determine; and
(N) Establishing any other matters of like or different character which in any way affect the security for the bonds or the rights and remedies of bondholders.
(4) In addition to the powers conferred upon the authority to secure its bonds, the authority shall have power in connection with the issuance of bonds to enter into such agreements as the authority may deem necessary, consistent, or desirable concerning the use or disposition of its revenues or other moneys or property, including the mortgaging of any property and the entrusting, pledging, or creation of any other security interest in any such revenues, moneys, or property and the doing of any act, including refraining from doing any act, which the authority would have the right to do in the absence of such agreements. The authority shall have power to enter into amendments of any such agreements within the powers granted to the authority by this chapter and to perform such agreements. The provi sions of any such agreements may be made a part of the contract with the holders of bonds of the authority.
(5) Any pledge of or other security interest in revenues, moneys, accounts, contract rights, general intangibles, or other personal property made or created by the authority shall be valid, binding, and perfected from the time when such pledge is made or other security interest attaches without any physical delivery of the collateral or further act, and the lien of any such pledge or other security interest shall be valid, binding, and perfected against all parties having claims of any kind in tort, contract, or otherwise against the authority irre spective of whether or not such parties have notice thereof. No instrument by which such a pledge or security interest is created nor any financing statement need be recorded or filed.
(6) All bonds issued by the authority shall be executed in the name of the authority by the chairman and secretary of the authority and shall be sealed with the official seal or a facsimile thereof. Coupons, if any, shall be executed in the name of the authority by the chairman of the authority, the facsimile signature of the chairman and the secretary of the authority may be imprinted in lieu of the manual signature if the authority so directs; and the facsimile of the chairman's signature shall be used on coupons, if such are attached. Bonds and interest coupons appurtenant thereto bearing the manual or facsimile signature of a person in office at the time such signature was signed or imprinted shall be fully valid, notwithstanding the fact that before or after delivery thereof such person ceased to hold such office.
(7) Prior to the preparation of definitive bonds, the authority may issue interim re-

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ceipts, interim certificates, or temporary bonds exchangeable for definitive bonds upon the issuance of the latter; the authority may provide for the replacement of any bond which shall become mutilated or be destroyed or lost.
(8) All bonds issued by the authority under this chapter may be executed, confirmed, and validated under and in accordance with Article 3 of Chapter 82 of Title 36, except as otherwise provided in this chapter.
(9) The venue for all bond validation proceedings pursuant to this chapter shall be Fulton County, and the Superior Court of Fulton County shall have exclusive final court jurisdiction over such proceedings.
(10) Bonds issued by the authority shall have a certificate of validation bearing the facsimile signature of the clerk of the Superior Court of Fulton County and shall state the date on which said bonds were validated; and such entry shall be original evidence of the fact of judgment and shall be received as original evidence in any court of this state.
(11) The authority shall reimburse the district attorney for his actual costs, if any, asso ciated with the bond validation proceedings. The fees payable to the clerk of the Superior Court of Fulton County for validation shall be as follows for each bond, regardless of the denomination of such bond:
(A) One dollar each for the first 100 bonds;
(B) Twenty-five cents each for the next 400 bonds; and
(C) Ten cents for each such bond over 500.
(12) 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 subject only to the provisions of the bonds for registration.
(13) Neither the members of the authority nor any person executing bonds shall be liable personally thereon or be subject to any personal liability or accountability solely by reason of the issuance thereof.
(14) The authority, subject to such agreements with bondholders as then may exist, shall have power out of any moneys available therefor to purchase bonds of the authority, which shall thereupon be canceled, at a price not in excess of the following:
(A) If the bonds are then redeemable, the redemption price then applicable plus ac crued interest to the next interest payment date; or
(B) If the bonds are not then redeemable, the redemption price applicable on the first date after such purchase upon which the bonds become subject to redemption, plus accrued interest to the next interest payment date.
(15) In lieu of specifying the rate or rates of interest which bonds to be issued by an authority are to bear, the notice to the district attorney or the Attorney General, the notice to the public of the time, place, and date of the validation hearing, and the petition and complaint for validation may state that the bonds when issued will bear interest at a rate not exceeding a maximum per annum rate of interest, which rate may be fixed or may fluc tuate or otherwise change from time to time, specified in such notices and petition and complaint or may state that, in the event the bonds are to bear different rates of interest for different maturity dates, none of such rates will exceed the maximum rate, which rate may be fixed or may fluctuate or otherwise change from time to time, so specified; provided, however, that nothing in this Code section shall be construed as prohibiting or restricting the right of the authority to sell such bonds at a discount, even if in doing so the effective interest cost resulting therefrom would exceed the maximum per annum interest rate speci fied in such notices and in the petition and complaint.
50-10-9. The authority shall not enter into any contract or agreement with any local government with respect to the financing of any environmental facility pursuant to this

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chapter, unless the director of the Environmental Protection Division of the Department of Natural Resources shall have completed all existing statutory reviews and approvals with respect to such project. Nothing in this chapter shall be construed to diminish the full au thority and responsibility of the director of the Environmental Protection Division for ex isting statutory reviews and approvals.
50-10-10. The bonds of the authority are made securities in which all public officials and bodies of the state and all municipalities, all insurance companies and associations, and other persons carrying on an insurance business, all banks, bankers, trust companies, sav ings banks, and savings associations, including savings and loan associations, investment companies and other persons carrying on a banking business, and administrators, guardians, executors, trustees, and other fiduciaries and all other persons whatsoever, who are now or may hereafter be authorized to invest in bonds or other obligations of the state, may prop erly and legally invest funds including capital in their control or belonging to them. The bonds are also made securities which may be deposited with and may be received by all public officers and bodies of this state and all municipalities for any purposes for which the deposit of bonds or other obligations of this state are now or hereafter may be authorized.
50-10-11. The State of Georgia does pledge to and agree with the holders of any bonds issued by the authority pursuant to this chapter that the state will not alter or limit the rights vested in the authority to fulfill the terms of any agreement made with or for the benefit of the holders of bonds or in any way impair the rights and remedies of bondholders until the bonds, together with the interest thereon, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceeding by or on behalf of such holders, are fully met and discharged or funds for the payment of such are fully provided. The authority is authorized to include this pledge and agreement of the state in any agreement with bondholders.
50-10-12. Neither the members of the authority nor any officer or employee of the au thority acting in behalf thereof, while acting within the scope of his authority, shall be sub ject to any liability resulting from:
(1) The construction, ownership, maintenance, or operation of any project financed with the assistance of the authority;
(2) The construction, ownership, maintenance, or operation of any sewerage system, environmental facility, or water system owned by a local government; or
(3) Carrying out any of the powers expressly given in this chapter.
50-10-13. The provisions of this chapter shall be liberally construed to effect the pur pose hereof. The offer, sale, or issuance of bonds, notes, or other obligations by the authority shall not be subject to regulation under Chapter 1 of Title 10, known as the 'Georgia Securi ties Act of 1973." No notice, proceeding, or publication except those required in this chapter shall be necessary to the performance of any act authorized in this chapter; nor shall any act be subject to referendum.
50-10-14. No bonds, notes, or other obligations of and no indebtedness incurred by the authority shall constitute an indebtedness or obligation or a pledge of the faith and credit of the State of Georgia or of its agencies; nor shall any act of the authority in any manner constitute or result in the creation of an indebtedness of the state or its agencies or a cause of action against the state or its agencies; provided, however, the state, to the extent permit ted by its Constitution, may guarantee payment of such bonds, notes, or other obligations as guaranteed revenue debt.
50-10-15. It is found, determined, and declared that the creation of this authority and the carrying out of its corporate purposes is in all respects for the benefit of the people of the state and that the authority is an institution of purely public charity and will be per forming an essential governmental function in the exercise of the power conferred upon it by this chapter. For such reasons the state covenants with the holders from time to time of the bonds, notes, and other obligations issued under this chapter that the authority shall not be required to pay any taxes or assessments imposed by the state or any of its counties,

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municipal corporations, political subdivisions, or taxing districts upon any property ac quired by the authority or under its jurisdiction, control, possession, or supervision or leased by it to others, or upon its activities in the operation or maintenance of any such property or on any income derived by the authority in the form of fees, recording fees, rentals, charges, purchase price, installments, or otherwise, and that the bonds, notes, and other obligations of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the state. The tax exemption provided in this chapter shall not include any exemption from sales and use tax on property purchased by the authority or for use by the authority.
50-10-16. The authority shall have all rights afforded the state by virtue of the Consti tution of the United States, and nothing in this chapter shall be construed to remove any such rights.
50-10-17. The issuance of any bond, revenue bond, note, or other obligation or incurring of debt, public or otherwise, by the authority must be approved by the commission estab lished by Article VII, Section IV, Paragraph VII of the Constitution of the State of Georgia of 1983 or its successor.
50-10-18. This chapter, being for the welfare of this state and its inhabitants, shall be liberally construed to effect the purposes specified in this chapter.
50-10-19. The authority is specifically authorized, to the extent permitted under the Constitution of this state, to use the proceeds of general obligation debt incurred by the state on such projects and for such purposes as are described by the General Assembly of Georgia in legislation stating the purposes for which such debt is incurred.
50-10-20. Nothing contained in this chapter shall permit the authority to issue bonds or revenue bonds at any time when the sum of:
(1) The highest aggregate annual debt service requirements for the then current fiscal year or any subsequent fiscal year for outstanding authority bonds or revenue bonds, includ ing the proposed bonds or revenue bonds; and
(2) The highest annual debt service requirements for the then current fiscal year or any subsequent fiscal year on general obligation debt of the state issued for authority projects
exceeds 1 percent of the total revenue receipts, less refunds, of the state treasury in the fiscal year immediately preceding the year in which any such bond or revenue bond is to be issued.
50-10-21. (a) In the event of a failure of any local government to collect and remit in full all amounts due to the authority and all amounts due to others, which involve the credit or guarantee of the authority or of the state, on the date such amounts are due under the terms of any bond, revenue bond, note, or other obligation of the local government, it shall be the duty of the authority to notify the director of the Fiscal Division of the Department of Administrative Services who shall withhold all funds of the state and all funds adminis tered by the state, its agencies, boards, and instrumentalities allotted to such local govern ment until such local government has collected and remitted in full all sums due and cured or remedied all defaults on any such bond, revenue bond, note, or other obligation.
(b) Nothing contained in this Code section shall mandate the withholding of funds allo cated to a local government which would violate contracts to which the state is a party, the requirements of federal law imposed on the state, or judgments of any court binding the state.",
and inserting in lieu thereof the following:
"50-10-4. (a) The corporate purpose and the general nature of the business of the Geor gia Development Authority shall be:
(1) Rural rehabilitation permissible under the charter of the Georgia Rural Rehabilita tion Corporation and contained in paragraph (3) thereof and within the meaning of Public Law 499, Eighty-first Congress, Second Session;

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(2) The development of agriculture and industry generally within the state by provid ing, securing, or guaranteeing loans for such purposes; and
(3) Possession of and operation under any franchise, license, or permit granted to it by the United States or this state for a business purpose.
(b) The corporate powers of the authority shall be those provided in this chapter and those additional powers provided in subparagraph (a)(3)(C) and paragraphs (1) through (6), (8), (11), and (19) of subsection (b) of Code Section 14-2-21 and in Code Section 14-2-147.
50-10-5. (a) (1) In addition to, and not in limitation of, the powers granted in this chap ter, the Georgia Development Authority shall have and may exercise the power and author ity to guarantee or insure loans made for rural rehabilitation purposes or for agricultural and industrial development, provided that, with respect to any such guarantee or contract of insurance made by the authority involving an asset provided to the authority under Public Law 499, Eighty-first Congress, Second Session, the authority shall maintain a reserve or insurance fund out of such assets in an amount not less than 15 percent of the contingent liability existing by reason of any such contracts of insurance or guarantee. The reserve or insurance fund of the authority may be invested.
(2) Any funds or assets of the authority obtained under the provisions of Public Law 499, Eighty-first Congress, Second Session, or funds derived from such funds or assets, shall not be liable for any deficit, default, or failure of any environmental facility project and the authority shall not be obligated on, responsible for, or liable on any obligation of any kind entered into relating to environmental facility projects. The authority shall only be responsi ble for those obligations related to the funds or assets of the authority received under Public Law 499, Eighty-first Congress, Second Session and funds or assets derived therefrom.
(b) In addition to the powers granted in Code Section 50-10-4 and subsection (b) of this Code section, the authority shall have the power:
(1) To bring and defend an action in all courts, the original jurisdiction and venue of such actions against the authority being in the Superior Court of Fulton County;
(2) To have a seal and alter the same at its pleasure;
(3) To make and execute contracts, lease agreements, and all other instruments neces sary or convenient to exercise the powers of the authority or to further the public purpose for which the authority is created, and to make loans, to provide security for loans, or to guarantee loans for the purpose of developing agriculture or industry; provided, however, that the authority shall not make any such loan or guaranty or provide any such security or issue any bonds, notes, or other obligations in connection therewith, unless the authority shall adopt a resolution finding that the project for which such loan or guaranty is to be made or for which such security is to be provided will promote the development of agricul ture or industry;
(4) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real or personal property of every kind and character, or any interest therein, in furtherance of the public purpose of the authority;
(5) To appoint officers, agents, and employees, prescribe their duties and qualifications, and fix their compensation;
(6) To borrow money to further or carry out its public purpose and to issue revenue bonds, notes, or other obligations to evidence such loans and to execute leases, trust inden tures, trust agreements for the sale of its revenue bonds, notes, or other obligations, loan agreements, mortgages, deeds to secure debt, trust deeds, security agreements, assignments, and such other agreements or instruments as may be necessary or desirable in the judgment of the authority, and to evidence and to provide security for such loans;
(7) To collect fees and charges in connection with its loans, commitments, and servicing including, but not limited to, reimbursements of costs of financing, as the authority shall determine to be reasonable and as shall be approved by the authority;

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(8) To invest, subject to any agreement with bondholders, moneys of the authority not required for immediate use to carry out the purposes of this chapter, including the proceeds from the sale of any bonds and any moneys held in reserve funds, in obligations which shall be limited to the following:
(A) Bonds or other obligations of the state or bonds or other obligations, the principal and interest of which are guaranteed by the state;
(B) Bonds or other obligations of the United States or of subsidiary corporations of the United States government fully guaranteed by such government;
(C) Obligations of agencies of the United States government issued by the Federal Land Bank, the Federal Home Loan Bank, the Federal Intermediate Credit Bank, and the Bank for Cooperatives;
(D) Bonds or other obligations issued by any public housing agency or municipality in the United States, which bonds or obligations are fully secured as to the payment of both principal and interest by a pledge of annual contributions under an annual contributions contract or contracts with the United States government, or project notes issued by any public housing agency, urban renewal agency, or municipality in the United States and fully secured as to payment of both principal and interest by a requisition, loan, or payment agreement with the United States government;
(E) Certificates of deposit of national or state banks located within the state which have deposits insured by the Federal Deposit Insurance Corporation or any Georgia deposit in surance corporation and certificates of deposit of federal savings and loan associations and state building and loan associations located within the state which have deposits insured by the Federal Savings and Loan Insurance Corporation or any Georgia deposit insurance cor poration, including the certificates of deposit of any bank, savings and loan association, or building and loan association acting as depository, custodian, or trustee for any such bond proceeds; provided, however, that the portion of such certificates of deposit in excess of the amount insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation or any Georgia deposit insurance corporation, if any such ex cess exists, shall be secured by deposit with the Federal Reserve Bank of Atlanta, Georgia, or with any national or state bank located within the state, of one or more of the following securities in an aggregate principal amount equal at least to the amount of such excess:
(i) Direct and general obligations of the state or of any county or municipality in the state;
(ii) Obligations of the United States or subsidiary corporations included in subparagraph (B) of this paragraph;
(iii) Obligations of agencies of the United States government included in subparagraph (C) of this paragraph; or
(iv) Bonds, obligations, or project notes of public housing agencies, urban renewal agen cies, or municipalities included in subparagraph (D) of this paragraph;
(F) Interest-bearing time deposits, repurchase agreements, reverse repurchase agree ments, rate guarantee agreements, or other similar banking arrangements with a bank or trust company having capital and surplus aggregating at least $50 million or with any gov ernment bond dealer reporting to, trading with, and recognized as a primary dealer by the Federal Reserve Bank of New York having capital aggregating at least $50 million or with any corporation which is subject to registration with the Board of Governors of the Federal Reserve System pursuant to the requirements of the federal Bank Holding Company Act of 1956, provided that each such interest-bearing time deposit, repurchase agreement, reverse repurchase agreement, rate guarantee agreement, or other similar banking arrangement shall permit the moneys so placed to be available for use at the time provided with respect to the investment or reinvestment of such moneys and provided, further, that all moneys in each such interest-bearing time deposit, repurchase agreement, reverse repurchase agree ment, rate guarantee agreement, or other similar banking arrangement shall be continuously

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and fully secured by obligations described in subparagraph (A), (B), (C), or (D) of this para graph, equal at all times to the amount of the interest-bearing time deposit, repurchase agreement, reverse repurchase agreement, rate guarantee agreement, or other similar bank ing arrangements;
(9) To acquire or contract to acquire from any person, firm, corporation, local govern ment, federal or state agency, or corporation by grant, purchase, or otherwise, leaseholds, real or personal property, or any interest therein; and to sell, assign, exchange, transfer, convey, lease, mortgage, or otherwise dispose of or encumber the same; and local govern ment is authorized to grant, sell, or otherwise alienate leaseholds, real and personal prop erty, or any interest therein to the authority;
(10) To invest any moneys held in debt service funds or sinking funds not restricted as to investment by the Constitution or laws of this state or the federal government or by contract not required for immediate use or disbursement in obligations of the types speci fied in paragraph (8) of this subsection, provided that, for the purposes of this paragraph, the amounts and maturities of such obligations shall be based upon and correlated to the debt service, which debt service shall be the principal installments and interest payments, schedule for which such moneys are to be applied;
(11) To apply for and to accept any gifts or grants or loan guarantees or loans of funds or property or financial or other aid in any form from the federal government or any agency or instrumentality thereof, or from the state or any agency or instrumentality thereof, or from any other source for all of the purposes specified in this chapter and to comply, subject to the provisions of this chapter, with the terms and conditions thereof;
(12) To use income earned on any investment for such corporate purposes of the au thority as the authority in its discretion shall determine;
(13) To adopt bylaws governing the conduct of business by the authority, the election of officers of the authority other than the chairman, the duties of officers of the authority, and other matters which the authority determines to deal with in its bylaws;
(14) To exercise any power granted by the laws of this state to public or private corpo rations which is not in conflict with the public purpose of the authority;
(15) To do all things necessary or convenient to carry out the powers conferred by this chapter; and
(16) To designate three or more of its number to constitute an executive committee who, to the extent provided in such resolution or in the bylaws of the authority, shall have and may exercise the powers of the authority in the management of the affairs and property of the authority and the exercise of its power.
(c) The authority shall not have the power of eminent domain.
50-10-6. It is found, determined, and declared that the creation of this authority and the carrying out of its corporate purposes is in all respects for the benefit of the people of the state and that the authority is an institution of purely public charity and will be per forming an essential governmental function in the exercise of the power conferred upon it by this chapter. For such reasons the state covenants with the holders from time to time of the bonds, notes, and other obligations issued under this chapter that the authority shall not be required to pay any taxes or assessments imposed by the state or any of its counties, municipal corporations, political subdivisions, or taxing districts upon any property ac quired by the authority or under its jurisdiction, control, possession, or supervision or leased by it to others, or upon its activities in the operation or maintenance of any such property or on any income derived by the authority in the form of fees, recording fees, rentals, charges, purchase price, installments, or otherwise, and that the bonds, notes, and other obligations of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the state. The tax exemption provided in this chapter shall not include any exemption from sales and use tax on property purchased by the authority or for use by the authority.

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50-10-7. Long-term notes secured by real estate and held by the authority or its assign ees shall be exempt from the intangible recording tax imposed by Article 3 of Chapter 6 of Title 48.
50-10-8. The issuance of any bond, revenue bond, note, or other obligation or incurring of debt, public or otherwise, by the authority must be approved by the commission estab lished by Article VII, Section IV, Paragraph VII of the Constitution of the State of Georgia of 1983 or its successor.
50-10-9. The authority shall have all rights afforded the state by virtue of the Constitu tion of the United States, and nothing in this chapter shall be construed to remove any such rights.
50-10-10. This chapter, being for the welfare of this state and its inhabitants, shall be liberally construed to effect the purposes specified in this chapter."
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 to HB 1686 offered by Senators Turner of the 8th and McGill of the 24th, the yeas were 33, nays 0, and the substitute was adopted.

Senator Kennedy of the 4th, President Pro Tempore, who was presiding, ruled that, since the substitute to HB 1686 offered by Senators Turner of the 8th and McGill of the 24th was adopted, the amendment offered by the Senate Committee on Agriculture became moot.

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

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

Those voting in the affirmative were Senators:

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

Deal Dean English Engram Fincher Foster Garner GGirleleisne
Harris Hine Holloway Horton Howard
Hudgins Huggins

Kidd Land Langford McGill Perry phmi j, nRedj,d.lsh,
terr , , btumbaugh Timmons Tolleson Turner
Tysinger Walker

Those not voting were Senators:

Cobb (excused) Harrison Kennedy (presiding)

McKenzie Peevy Scott of 2nd

Scott of 36th Tate Trulock

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

FRIDAY, FEBRUARY 28, 1986

1493

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

The following resolution of the Senate was read and adopted:

SR 482. By Senators Kennedy of the 4th, Gillis of the 20th, Harris of the 27th and Bryant of the 3rd:
A resolution commending Mr. Roger F. Kahn.

Lieutenant Governor Miller introduced Mr. Roger F. Kahn.

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

HR 809. By Representative McDonald of the 12th: A resolution designating the week of October 12 through 18, 1986, as Temporary Help Services Week in Georgia.
Senate Sponsor: Senator Holloway of the 12th.

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

English Engrain Foster Garner Gillis Greene Harris Harrison Hine Hudgins Huggins Kidd Land Langford

Those not voting were Senators:

Allgood Bond Bowen Cobb (excused) Deal

Fincher Holloway Horton Howard Kennedy (presiding)

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

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

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

Senator Stumbaugh of the 55th gave notice that, at the proper time, he would move that the Senate reconsider its action in adopting HR 809.

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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 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.

The House amendment was as follows: Amend SB 421 by adding on line 3 of Page 1 after the following: "so as to", the following: "change a definition; to". By adding on line 22 of Page 1 after the following: "quarries", the following: "; clay pits; surface mines as defined in the 'Georgia Surface Mining Act of 1968'; or geologic boreholes as defined in the 'Water Well Standards Act of 1985.'"

Senator Turner of the 8th moved that the Senate agree to the House amendment to SB 421.

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

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes
Bond 5owen BrBTBB>Jrrrrooavwnuannnnotonofcft 4A4.6,,B7(Utt.h,h. Burton Coleman Coverdell Dawkins Dean

English Engram Fincher Foster
Garner Gillis G,,H,-, raererinse Hine Holloway Howard Hudgins Huggins Kidd

Langford McGill McKenzie Peevy
Perry Phillips RD,,RS_ caeoyd,td,t.isoh,f. 2nd. Stumbaugh Tolleson Trulock Turner Tysinger

Those not voting were Senators:

Allgood BBrraannttlleeyy Cpjoebajb (excused)
Harrison

Horton Kennedy (presiding) _Land, Scott of 36th

Starr Tate _T,i.mmons Walker

FRIDAY, FEBRUARY 28, 1986

1495

On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 421.

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

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.
Senate Sponsor: Senator Dawkins of the 45th.

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

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

Those voting in the affirmative were Senators:

Albert Barker Barnes Bond Bowen Brannon Brantley BBrroowunn ooff 4467tthh
Bryant Burton Coleman Dawkins Dean

English Engram Fincher Foster Garner Greene Harris HHoinlleoway
Hudgins Huggins Kidd Land McGill

McKenzie Peevy Perry Rav Reddish Scott rf 2nd
SS_ ttuarmr b, augh,
Tate Tolleson Turner Tysinger Walker

Those not voting were Senators:

Allgood Baldwin Cobb (excused) Coverdell Deal

Gillis Harrison Horton Howard Kennedy (presiding)

Langford Phillips Scott of 36th Timmons Trulock

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

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

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

1496

JOURNAL OF THE SENATE

inmates authorized to work at paid employment for any necessary medical ex penses incurred by the Department of Corrections on behalf of such inmates.
Senate Sponsor: Senator Langford of the 35th.
Senators Dean of the 31st, Garner of the 30th, Trulock of the 10th, Foster of the 50th, Hine of the 52nd, Howard of the 42nd and Barnes of the 33rd offered the following substi tute to HB 1638:
A BILL
To be entitled an Act to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, 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 expenses incurred by the Department of Corrections on behalf of such inmates; to provide that the commissioner of corrections shall maintain an educational program within the state prison system to assist inmates in achieving a certain level of edu cation; to provide for additional educational programs; to encourage inmates to participate in an educational program; to provide exceptions; to provide for cooperation and coordina tion between the Department of Corrections and the Department of Education; to provide for rules and regulations; to provide for the State Board of Pardons and Paroles to consider an inmate's participation and achievement in educational programs when relief from sen tence is being considered for the inmate; to provide that when the State Board of Pardons and Paroles releases inmates to alleviate the overcrowding of the prison system, special con sideration shall be given to inmates who have participated in educational programs and achieved a certain level of education; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 42 of the Official Code of Georgia Annotated, relating to penal institu tions, is amended by striking in its entirety subsection (b) of Code Section 42-5-59, relating to the employment of inmates in the community, and inserting in lieu thereof a new subsec tion (b) to read as follows:
"(b) An inmate authorized to work at paid employment in the community under sub section (a) of this Code section shall comply with all rules and regulations promulgated by the board relative to the handling, disbursement, and holding in trust of all funds earned by the inmate while under the jurisdiction of the department. An amount determined to be the cost of the inmate's keep and confinement shall be deducted from the earnings of each inmate, and such amount shall be deposited in the treasury of the department; provided, however, that, if the inmate is assigned to a county correctional institution, the deducted amount shall be deposited in the treasury of the county to which the inmate is assigned. After the deduction for keep and confinement, the commissioner shall:
(1) Allow the inmate to draw from the balance a reasonable sum to cover his incidental expenses;
(2) Retain to the inmate's credit an amount as is deemed necessary to accumulate a reasonable sum to be paid to him on his release from the penal institution;
(3) Deduct from the inmate's funds any amounts necessary to cover the costs of medical or dental attention provided to the inmate, said deductions to be made in accordance with policies and procedures promulgated by the commissioner; and
(4) Cause to be paid any additional balance as is needed for the support of the inmate's dependents."
Section 2. Said title is further amended by adding at the end of Article 3 of Chapter 5, relating to the conditions of detention generally, a new Code Section 42-5-64 to read as follows:
"42-5-64, (a) The commissioner shall maintain an educational program within the state

FRIDAY, FEBRUARY 28, 1986

1497

prison system to assist inmates in achieving at least a fifth-grade level on standardized read ing tests. Inmates who test below the fifth-grade level will be encouraged by institutional staff to attend appropriate classes until they attain this level.
(b) For the purposes of this Code section, educational programing shall not apply to inmates who:
(1) Have been sentenced to death;
(2) Have attained 50 years of age; or
(3) Have serious learning disabilities.
(c) The commissioner shall provide additional educational programs in which inmates can voluntarily participate to further their education beyond the fifth-grade level.
(d) The commissioner shall utilize available services and programs within the Depart ment of Education, and the Department of Education shall cooperate with the commis sioner in the establishment of educational programs and the testing of inmates as required in this Code section.
(e) The commissioner shall be authorized to promulgate rules and regulations necessary to carry out the provisions of this Code section."
Section 3. Said title is further amended by striking in its entirety subsection (c) of Code Section 42-9-42, relating to procedure for the State Board of Pardons and Paroles to follow in granting relief from sentence, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) Good conduct, achievement of a fifth-grade level or higher on standardized reading tests, and efficient performance of duties by an inmate shall be considered by the board in his favor and shall merit consideration of an application for pardon or parole. No inmate shall be placed on parole until and unless the board shall find that there is reasonable probability that, if he is so released, he will live and conduct himself as a respectable and law-abiding person and that his release will be compatible with his own welfare and the welfare of society. Furthermore, no person shall be released on pardon or placed on parole unless and until the board is satisfied that he will be suitably employed in self-sustaining employment or that he will not become a public charge. However, notwithstanding other provisions of this chapter, the board may, in its discretion, grant pardon or parole to any aged or disabled persons."
Section 4. Said title is further amended by striking in its entirety subsection (a) of Code Section 42-9-43, relating to information to be considered by the State Board of Pardons and Paroles generally, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The board, in considering any case within its power, shall cause to be brought before it all pertinent information on the person in question. Included therein shall be:
(1) A report by the superintendent, warden, or jailer of the jail or state or county cor rectional institution in which the person has been confined upon the conduct of record of the person while in such jail or state or county correctional institution;
(2) The results of such physical and mental examinations as may have been made of the person;
(3) The extent to which the person appears to have responded to the efforts made to improve his social attitude;
(4) The industrial record of the person while confined, the nature of his occupations while so confined, and a recommendation as to the kind of work he is best fitted to perform and at which he is most likely to succeed when and if he is released; and
(5) The educational programs in which the person has participated and the level of education which the person has attained based on standardized reading tests.

1498

JOURNAL OF THE SENATE

The board may also make such other investigation as it may deem necessary in order to be fully informed about the person."
Section 5. Said title is further amended by striking in its entirety subsection (c) of Code Section 42-9-60, relating to the overcrowding of prison system as creating state of emer gency, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) Upon the declaration of a state of emergency with regard to the jail and prison overcrowding by the Governor, the board shall select sufficient state prison inmates to re duce the state prison population to 100 percent of its capacity and issue such selected in mates a parole, but no dangerous offender shall be eligible for selection by the board. The board shall give special consideration for early release under this Code section to inmates who have participated in educational programs and who have achieved a fifth-grade level or higher on standardized reading tests. The selection of state prison inmates to be released under the authority contained in this Code section may be made without regard to limita tions placed upon the service of a portion of the prison sentence provided by Code Section 42-9-45."
Section 6. Section 1 of this Act shall become effective upon its approval by the Gover nor or upon its becoming law without such approval. The remaining sections of this Act shall become effective October 1, 1986.
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, 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 Brannon
nBBrrrooaw"unn oVofff 4x4<67utthuh g nt Burton Coverdell Dawkins Deal Dean

English Foster Garner Gillis Greene Harris
H,,"ion,,leloway Horton Hudgins Huggins Kidd Land Langford

McGill
Peevy Perry Phillips Ray Scott of 2nd

Sf0tc.aortrt

of

36th u

Stumbaugh

Tolleson

Trulock

Turner

Tysinger

Walker

Those not voting were Senators:

Albert Bowen
Cobb (excused) Coleman Engram

Fincher Harrison
Howard Kennedy (presiding)

McKenzie Reddish
Tate Timmons

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

FRIDAY, FEBRUARY 28, 1986

1499

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 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 House amendment was as follows:
Amend SB 405 as follows:
On Page 2, line 11, delete the number "299,000" and insert in lieu thereof the number "294,999";
and
On line 12, Page 2, delete the number "300,000" and insert in lieu thereof the number "295,000".

Senator Kidd of the 25th moved that the Senate agree to the House amendment to SB 405.

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 Barne8 Bwanon
Brantley BBrroyuanntof 46th Burton Coverdell Dawkins Deal Dean English

Foster Garner Gillis Greene Harris Hine
Holloway uHor^ton Hudgins Huggins Kidd Land Langford McGill

Those not voting were Senators:

Bond Bowen Brown of 47th Cobb (excused) Coleman

Engram Fincher Harrison Howard

McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Sc.-t.arr Stumbaugh Timmons Tolleson Trulock Tysinger Walker
Kennedy (presiding) Scott of 36th Tate Turner

On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 405.

1500

JOURNAL OP THE SENATE

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 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.

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
oBBrroowunn oyo,ff 4.4,,67tthh. Bt Burton Coverdell Dawkins Deal Dean English

Foster Garner Gillis Greene Harris
Harrison
H",,in",,eway Horton Hudgins Huggins Kidd Land Langford McGill

McKenzie Perry Phillips Ray Reddish
Scott of 2nd
S^0tc.eortrt of 36th Stumbaugh Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Bond Bowen Cobb (excused) Coleman

Engram Fincher Howard

Kennedy (presiding) Peevy Tate

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

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

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.
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:

FRIDAY, FEBRUARY 28, 1986

1501

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Brannon
oBrroanutnl6oyff 4^ 6th BBrroywannt of 47th Burton Coleman Coverdell Deal Dean English

Foster Garner Gillis Greene Harris Harrison
5Ho'nll6oway HHoowrtoarnd Hudgins Huggins Kidd Land Langford McGill

Those not voting were Senators:

Bond Bowen Cobb (excused)

Dawkins Engram Fincher

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

McKenzie Peevy Perry Phillips j^y Scott rf 2n(J
S,,cott of 36th ~S,tum,baugh, Timmons Tolleson Trulock Turner Tysinger Walker
Kennedy (presiding) Reddish Tate

The bill, having received the requisite constitutional majority, was passed. 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.
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 Barker Barnes Bond Brantley Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell Dawkins Deal Dean

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

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

1502

JOURNAL OF THE SENATE

Those not voting were Senators:

Baldwin Bowen Brannon Cobb (excused)

Engram Fincher Howard Kennedy (presiding)

Reddish Starr Tate

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

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

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.
Senate Sponsor: Senator Holloway of the 12th.

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
ond BjB?rrroaannuntnl,eooynf 46th Brown of 47th Bryant Burton Coverdell Dawkins Deal Dean

English Foster Gillis Greene Harris
Harrison HTTionl,,leoway Horton Howard Huggins Kidd Land Langford McGill

McKenzie Peevy Perry Phillips Ray
Scott of 2nd S,,f.acortrt of 36th Stumbaugh Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Bowen Cobb (excused) Coleman Engram

Fincher Garner Hudgins

Kennedy (presiding) Reddish Tate

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

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

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

FRIDAY, FEBRUARY 28, 1986

1503

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

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

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

Those not voting were Senators:

Allgood Bowen Cobb (excused)

Coleman Garner Kennedy (presiding)

Scott of 2nd Tate Trulock

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

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

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.
Senate Sponsor: Senator Burton of the 5th.

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

On 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

1504

JOURNAL OF THE SENATE

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

Fincher Foster Gillis Greene Harrison Hine
Holloway Horton Howard
Huggins Kidd Land Langford

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

Those not voting were Senators:

Allgood Cobb (excused) Garner Harris

Hudgins Kennedy (presiding) Peevy Phillips

Scott of 2nd Starr Tate

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

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

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.
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:

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 Harrison Hine Holloway Horton Howard Hudgins Huggins Kidd Land Langford

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

FRIDAY, FEBRUARY 28, 1986

1505

Those not voting were Senators:

Cobb (excused) Dawkins

Kennedy (presiding)

Tate

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

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

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.
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 Baldwin Barker Barnes Bond Bowen Brannon Brantley Brown of 47th Bryant Burton Coverdell Dawkins Deal Dean English

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

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

Those not voting were Senators:

Allgood Broun of 46th Cobb (excused)

Coleman Holloway Kennedy (presiding)

Tate Tysinger

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

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

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.
Senate Sponsors: Senators Holloway of the 12th and Garner of the 30th.

1506

JOURNAL OF THE SENATE

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

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Allgood Cobb (excused) Deal

Hudgins Kennedy (presiding)

Tate Tysinger

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

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

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.
Senate Sponsor: Senator English of the 21st.

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

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

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bond Bowen Brannon Brantley

Broun of 46th Brown of 47th Bryant Coleman Coverdell Dawkins Deal Dean

English Engram Fincher Foster Garner Gillis Harris Harrison

FRIDAY, FEBRUARY 28, 1986

1507

Hine Holloway Horton Hudgins Muggins Kidd Land Langford

McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th

Starr Stumbaugh Timmons Tolleson Trulock Turner Tysinger Walker

Voting in the negative was Senator Howard.

Those not voting were Senators:

Allgood Burton Cobb (excused)

Greene Kennedy (presiding)

McGill Tate

On the passage of the bill, the yeas were 48, nays 1.

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

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.
Senate Sponsors: Senators Deal of the 49th and Dean of the 31st.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barne8 BoTM
Bowen Brannon Branuey BBrroowunn ooff 4467tthh Bryant Burton Coleman Coverdell Dawkins Deal Dean

English Engram Fincher Foster Garner Gilli8
Harris Harrison m H,,olloway Horton Howard Hudgins Huggins Kidd Land Langford

McGill McKenzie Peevy Perry Phillips Ray
Reddish Scott of 2nd s f g6th S_ tarr Stumbaugh Timmons Tolleson Trulock Turner Tysinger Walker

1508

JOURNAL OF THE SENATE

Those not voting were Senators:

Cobb (excused) Greene

Kennedy (presiding)

Tate

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

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

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.
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 Bames Bowen Brannon
oBBrrroaonwutnnl6oyo,ff 4,4c67ttthuh Bryant Burton Coverdell Dawkins Deal Dean English

Engram Fincher Foster Gillis Harris Harrison
SHHoo^lrlftoownay Howard Hudgins Huggins Kidd Land Langford McGill

McKenzie Peevy Perry Phillips Ray Reddish
SSaccoo.tttt oo,ff 32,,6n,.dt,h *tarr Stumbaugh Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Albert Bond Cobb (excused)

Coleman Garner Greene

Kennedy (presiding) Tate Trulock

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

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

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

FRIDAY, FEBRUARY 28, 1986

1509

property or a statement of the amount of money or both which the applicant proposes to have set aside as year's support.
Senate Sponsor: Senator Walker of the 43rd.
The Senate Committee on Judiciary and Constitutional Law offered the following sub stitute to HB 908:
A BILL
To be entitled an Act to amend Chapter 5 of Title 53 of the Official Code of Georgia Annotated, relating to year's support for spouses and children from decedents' estates, so as to eliminate provisions for the determination of year's support by appraisers; to provide criteria for determining the amount of year's support; to change the period of time for which year's support may be granted; to clarify provisions relating to rights of redemption in prop erty set aside; 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; to provide that if there is no objection year's support shall be set aside as proposed by the applicant; to provide that if there is objection the property or money or both to be set aside shall be determined by the judge of the probate court; to provide for procedures and 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 5 of Title 53 of the Official Code of Georgia Annotated, relating to year's support for spouses and children from decedents' estates, is amended by striking Code Section 53-5-2, relating to the right to and procedure for setting aside year's support, and inserting in its place a new Code section to read as follows:
"53-5-2. (a) Among the necessary expenses of administration, and to be preferred before all other debts, except as otherwise specially provided, is the provision for the support of the family, to be ascertained as provided in this Code section.
(b) Upon the death of any person testate or intestate, leaving an estate solvent or insol vent and leaving a spouse, or a spouse and minor child or children, or minor child or chil dren only, on the application of the spouse, the guardian of the child or children, or any other person in their behalf, proceedings shall be held to set apart and assign to the spouse and children, or children only, either in property or money, a sufficiency from the estate for their support and maintenance for the space of 12 months from the date of death of the testator or intestate, to be determined using the criteria established in subsection (c) of this Code section and keeping in view also the solvency of the estate. If there is a spouse, there shall also be set apart for the use of the spouse and the children a sufficient amount of the household furniture. Notwithstanding any other provisions of this Code section, the amount set apart for the family shall in no event be less than the sum of $1,600.00 if the estate is of that value; and, if it appears upon a just appraisement of the estate that it does not exceed in value the sum of $1,600.00, excluding household goods and furnishings, the whole estate shall be set apart for the support and maintenance of the spouse and child or children or, if no surviving spouse, to the lawful guardian of the child or children, for their benefit; pro vided, however, that all taxes and liens for taxes accrued against the property set apart, and any equity of redemption applicable to the property set apart, shall be divested as if the entire title were included in the year's support.
(c) The amount to be set apart under subsection (b) of this Code section shall be an amount sufficient to maintain the standard of living that the surviving spouse and each minor child had prior to the death of the testator or intestate, taking into consideration the following:
(1) The support available to the person, for whom the property or money is to be set apart, from sources other than year's support, including but not limited to any separate estate and earning capacity of that person; and

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JOURNAL OF THE SENATE

(2) Such other relevant criteria as the court deems equitable and proper.
(d) All applications for a year's support from the estate of a decedent shall be filed within three years from the date of death of the decedent; and, in addition thereto, applica tion for a year's support by a spouse or for the benefit of a spouse must be made and filed during the time that the spouse is widowed and while the spouse is living and not otherwise."
Section 2. Said chapter is further amended by striking Code Section 53-5-4, relating to support for subsequent years, and inserting in its place a new Code section to read as follows:
"53-5-4. When an estate is to be kept together for more than 12 months and there are no debts to pay, the surviving spouse and minor children to be supported out of the estate shall, upon application and proceedings thereon as in the case of an initial year's support, have a year's support for each year that the estate may be kept together."
Section 3. Said chapter is further amended by striking Code Section 53-5-6, relating to applications for year's support, and inserting in its place a new Code section to read as follows:
"53-5-6. All applications for year's support, if made for a surviving spouse or a minor or unborn child, shall contain the following information:
(1) If for a surviving spouse, the spouse's given names; maiden name, where applicable; and deceased person's surname;
(2) If for a minor, the full name, birthdate (if known), and age. This information shall be furnished for each minor child for whom application is made;
(3) If for an unborn child, the deceased father's surname and 'unborn child' in lieu of a given name; and
(4) 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."
Section 4. Said chapter is further amended by striking Code Section 53-5-7, relating to appraisal proceedings and the effect of year's support awards, and inserting in its place a new Code section to read as follows:
"53-5-7. An order of the court awarding year's support shall have the same force and effect as to property located outside of the county where the administration is pending or where the decedent resided at the time of his death as where property set aside is located in the county where the administration is pending or where the decedent resided at the time of his death; and title to property both inside and outside the county where administration is pending or where the decedent resided at the time of his death shall vest in the surviving spouse, spouse and children, or children only, as provided by law."
Section 5. Said chapter is further amended by striking subsections (a) and (b) of Code Section 53-5-8, relating to proceedings for year's support, and inserting in their place new subsections to read as follows:
"(a) A copy of the application filed with the judge of the probate court shall be mailed by the judge within five days to the tax commissioner or tax collector of any county in which property proposed to be set apart is located, if the property is in a county other than the county where the application for a year's support has been filed. Where any real property is included in the property proposed to be set apart and assigned as a year's support, the application for year's support shall fully and accurately describe the real property.
(b) Upon the filing of the application, the judge shall issue citation and publish notice as required in the appointment of permanent administrators, citing all persons concerned to show cause why the application for a year's support should not be granted. If no objection is made after the publication of the notice for four weeks or, if made, is disallowed, the judge shall enter an order setting aside as year's support the property or money or both applied

FRIDAY, FEBRUARY 28, 1986

1511

for, as set out in the application. If there is objection to the amount of money or the nature of property or both proposed to be set aside as year's support, the judge of the probate court shall determine the money or property or both to be set aside according to the standards set out in Code Section 53-5-2. If an appeal is taken, pending the appeal the family shall be furnished with necessaries by the representative of the estate."
Section 6. Said chapter is further amended by striking Code Section 53-5-9, relating to year's support for minor children of different spouses, and inserting in its place a new Code section to read as follows:
"53-5-9. If the decedent leaves minor children by different spouses, the judge of the probate court shall specify the portion going to the children of the former spouse or spouses, which portion shall vest in the children."
Section 7. Said chapter is further amended by striking subsection (a) of Code Section 53-5-10, relating to vesting of title of property set apart, and inserting in its place a new subsection to read as follows:
"(a) Title to the property set apart shall vest in the surviving spouse and child or chil dren or, if there is no surviving spouse, in the children, share and share alike; and the prop erty shall not be administered as the estate of the deceased spouse or parent."
Section 8. Said chapter is further amended by striking subsection (a) of Code Section 53-5-12, relating to charges and fees in year's support proceedings, and inserting in its place a new subsection (a) to read as follows:
"(a) The fees of the judge of the probate court shall be paid by the applicant for a year's support out of the fund set apart."
Section 9. This Act shall become effective July 1, 1986, and shall apply to applications for year's support filed on or after said effective date.
Section 10. 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 Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Burton Coverdell Dawkins

Deal Dean Engram Fincher Foster Gillis Greene Harris Harrison Hine Horton Hudgins Huggins Kidd

Land Langford McGill Peevy Ray Reddish Scott of 36th Starr Stumbaugh Timmons Tolleson Turner Tysinger Walker

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JOURNAL OF THE SENATE

Those not voting were Senators:

Bryant Cobb (excused) Coleman English Garner

Holloway Howard Kennedy (presiding) McKenzie Perry

Phillips Scott of 2nd Tate Trulock

On the passage of the bill, the yeas were 42, nays 0.

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

HB 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.
Senate Sponsor: Senator Deal of the 49th.

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 Charles Thomas

State Representative

FROM:

G. W. Hogan, State Auditor

DATE:

January 13, 1986

SUBJECT: Legislative Bill LC 9 4354 Retirement and Pensions

This Bill would change references to the Comptroller General contained in Title 47 to the Commissioner of Insurance. The retirement systems affected by this Bill are the Em ployees Retirement System of Georgia and the State Employees' Assurance Department.
This is to certify that this is a nonfiscal bill to the 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 Bond Bowen Brannon Brantley

Broun of 46th Brown of 47th Burton Coverdell Dawkins Deal Dean English Engram

Fincher Foster Gillis Greene Harris Harrison Hine Holloway Horton

FRIDAY, FEBRUARY 28, 1986

1513

Hudgins Huggins Kidd Langford McGill Peevy

Perry Phillips Reddish Scott of 2nd Starr Stumbaugh

Those not voting were Senators:

Timmons Tolleson Trulock Turner Tysinger Walker

Bryant Cobb (excused) Coleman Garner

Howard Kennedy (presiding) Land McKenzie

Ray Scott of 36th Tate

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

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

The following 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 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.

The Speaker has appointed on the part of the House, Representatives Home of the 103rd, Pinkston of the 100th and Dunn of the 73rd.

The House insists on its position in disagreeing to the Senate amendment, and has appointed a Committee of Conference on the part of the House to confer with a like com mittee on the part of the Senate on 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 Speaker has appointed on the part of the House, Representatives Robinson of the 58th, Rainey of the 135th and Peters of the 2nd.

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The House has disagreed to the Senate substitute to the following bills of the House:
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 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 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 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.
The House has appointed a Committee of Conference on the following bill of the Senate:
SB 45. By Senators Bryant of the 3rd and Allgood of the 22nd:
A bill to amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to records required to be kept by the Department of Public Safety and restrictions on the access to such records, so as to authorize the Department of Public Safety to disseminate certain information from its records to certain gov ernmental agencies or units of this state and of the United States having legiti mate governmental needs therefor.
The Speaker has appointed on the part of the House, Representatives Galer of the 97th, Copelan of the 106th and Childs of the 53rd.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
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.

FRIDAY, FEBRUARY 28, 1986

1515

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

SR 416. By Senator Howard of the 42nd:
A resolution urging the adoption of a uniform definition for the syndrome of infantile autism.

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 Burton Coverdell Dawkins Deal Dean

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

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

Those not voting were Senators:

Bowen Bryant Cobb (excused) Coleman

Fincher Holloway Kennedy (presiding) McKenzie

Tate Timmons Tysinger

On the adoption of the resolution, the yeas were 45, nays 0.

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

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.
Senate Sponsor: Senator Hine of the 52nd.

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

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

Those voting in the affirmative were Senators:

Albert

Allgood

Baldwin

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JOURNAL OF THE SENATE

Barker Barnes Bond Brantley Broun of 46th Brown of 47th Burton 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 Scott of 36th Starr Stumbaugh Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Bowen Brannon Bryant

Cobb (excused) Coleman Kennedy (presiding)

Tate Timmons

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

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

HB 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.
Senate Sponsor: Senator Trulock of the 10th.

Senator Garner of the 30th offered the following amendment:
Amend HB 1329 by adding on line 10 of Page 1 after the following:
"confidential;",
the following:
"to provide for certain costs;".
By adding before the period on line 9 of Page 2 the following:
". The actual costs of copying any books, records, or papers for the purpose of respond ing to a coroner's subpoena under this subsection shall be paid out of county funds to the person or entity required to respond to that subpoena, and the governing authority of the county of which that coroner is a public officer shall pay those costs within 30 days after a bill therefor is submitted to the county".
By adding before the period on line 30 of Page 2 the following:
". The actual costs of copying any books, records, or papers for the purpose of respond ing to a coroner's subpoena under this subsection shall be paid out of county funds to the person or entity required to respond to that subpoena, and the governing authority of the county of which that coroner is a public officer shall pay those costs within 30 days after a bill therefor is submitted to the county. Provided, however, the county shall not be responsi ble for duplication costs under $25.00."

FRIDAY, FEBRUARY 28, 1986

1517

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 Baldwin Barker Barnes Bond Brannon Brantley Broun of 46th Brown of 47th Burton 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 Scott of 36th Starr Stumbaugh Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Allgood Bowen Bryant

Cobb (excused) Coleman Kennedy (presiding)

Tate Timmons

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

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

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.
Senate Sponsor: Senator Barnes of the 33rd.

The Senate Committee on Public Safety offered the following substitute for HB 1363:

A BILL
To be entitled an Act 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 provide limitations on the use of force in arresting felony suspects; to provide for use of force in preventing escapes and apprehending escapees; to provide for all related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 4 of Title 17 of the Official Code of Georgia Annotated,

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JOURNAL OF THE SENATE

relating to arrests by law enforcement officers generally, is amended by striking Code Sec tion 17-4-20, relating to arrests in general, and inserting in lieu thereof a new Code Section 17-4-20 to read as follows:
"17-4-20. (a) An arrest for a crime may be made by a law enforcement officer either under a warrant or without a warrant if the offense is committed in his presence or within his immediate knowledge, if the offender is endeavoring to escape, if the officer has probable cause to believe that an act of family violence, as defined in Code Section 19-13-1, has been committed, or for other cause if there is likely to be failure of justice for want of a judicial officer to issue a warrant.
(b) Sheriffs and peace officers who are appointed or employed in conformity with Chap ter 8 of Title 35 may use deadly force to apprehend a suspected felon only when the officer reasonably believes that the suspect possesses a deadly weapon or any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury; when the officer reasonably believes that the suspect poses an im mediate threat of physical violence to the officer or others; or when there is probable cause to believe that the suspect has committed a crime involving the infliction or threatened infliction of serious physical harm. Nothing in this Code section shall be construed so as to restrict such sheriffs or peace officers from the use of such reasonable nondeadly force as may be necessary to apprehend and arrest a suspected felon or misdemeanant.
(c) Nothing in this Code section shall be construed so as to restrict the use of deadly force by employees of state and county correctional institutions, jails, and other places of lawful confinement when reasonably necessary to prevent escapes or apprehend escapees from such institutions.
(d) No law enforcement agency of this state or of any political subdivision of this state shall adopt or promulgate any rule, regulation, or policy which prohibits a peace officer from using that degree of force to apprehend a suspected felon which is allowed by the statutory and case law of this state."
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 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 Barnes Brannon Brantley Broun of 46th Brown of 47th Burton Coleman Coverdell Dawkins Deal

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

Huggins Kidd Langford McGill McKenzie Peevy Perry Phillips Ray Reddish Scott of 36th Starr Stumbaugh Tolleson

FRIDAY, FEBRUARY 28, 1986

1519

Trulock Turner

Tysinger

Walker

Voting in the negative was Senator Scott of 2nd.

Those not voting were Senators:

Bond Bowen Bryant

Cobb (excused) Greene Kennedy (presiding)

Land Tate Timrnons

On the passage of the bill, the yeas were 46, nays 1.

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

HB 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.
Senate Sponsor: Senator Tysinger of the 41st.

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

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

Those voting in the affirmative were Senators:

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

Dean Engrain Foster Garner Gillis Harris Harrison Hine Holloway Horton Howard Hudgins Huggins Kidd Land

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

Those not voting were Senators:

Bowen Cobb (excused) Coleman English

Fincher Greene Kennedy (presiding) Langford

Tate Timmons Tolleson

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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JOURNAL OF THE SENATE

The following bills of the House were taken up for the purpose of considering the House action thereon:
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.
Senator Kidd of the 25th moved that the Senate insist upon the Senate substitute to HB 850.
On the motion, the yeas were 31, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 850,
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.
Senator Kidd of the 25th moved that the Senate insist upon the Senate substitute to HB 1550.
On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 1550.
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.
Senator Kidd of the 25th moved that the Senate insist upon the Senate substitute to HB 1246.
On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 1246.
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.
Senator Hine of the 52nd moved that the Senate insist upon the Senate substitute to HB 1286.

FRIDAY, FEBRUARY 28, 1986

1521

On the motion, the yeas were 36, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 1286.
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.
Senator Hine of the 52nd moved that the Senate adhere to the Senate amendment to HB 1162, and that a Conference Committee be appointed.
On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate adhered to the Senate amendment to HB 1162.
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 Deal of the 49th, Hine of the 52nd and Coleman of the 1st.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
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.
The House substitute to SB 484 was as follows:
A BILL
To be entitled an Act 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 and for the issuance of a special license plate to commemorate the founding of Mercer University and for the issuance of a special license plate to commemorate the found ing of Macon Junior College and for the issuance of a special license plate to commemorate the founding of Valdosta State College; to provide for all related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. 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, is amended by adding immediately after Code Section 40-2-29.3 a new Code Section 40-2-29.4 and a new Code Section 40-2-29.5 and a new Code Section 40-2-29.6 and a new Code Section 40-2-29.7 to read as follows:
"40-2-29.4. (a) To commemorate the founding of Morehouse College there shall be is sued in 1987 special license plates to commemorate the founding of that college.
(b) The commissioner shall prepare special distinctive license plates of a design appro priate to commemorate the founding of Morehouse 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 years 1987 through 1989, any motor vehicle owner who is a resident of

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Georgia, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles and upon the payment of a $25.00 manufacturing fee in addition to the regu lar 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.
40-2-29.5 (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 years 1987 through 1989, any motor vehicle owner who is a resident of Georgia, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles and upon the payment of a $25.00 manufacturing fee in addition to the regu lar 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.
40-2-29.6. (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 years 1987 through 1989, any motor vehicle owner who is a resident of Georgia, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles and upon the payment of a $25.00 manufacturing fee in addition to the regu lar 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.
40-2-29.7. (a) To commemorate the founding of Valdosta State College there shall be issued in 1987 special license plates to commemorate the founding of that college.
(b) The commissioner shall prepare special distinctive license plates of a design appro priate to commemorate the founding of Valdosta State College. It shall not be a require ment that a county name decal be affixed and displayed on license plates under this Code section.

FRIDAY, FEBRUARY 28, 1986

1523

(c) In calendar years 1987 through 1989, any motor vehicle owner who is a resident of Georgia, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles and upon the payment of a $25.00 manufacturing fee in addition to the regu lar 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."
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 Bond of the 39th moved that the Senate agree to the House substitute to SB 484.

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Barnes Bowen Cobb (excused) Coleman Coverdell

Engram Fincher Harris Hine Kennedy (presiding)

McKenzie Ray Reddish Tate Timmons

On the motion, the yeas were 41, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 484.

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

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-

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JOURNAL OF THE SENATE

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.

Senator Howard of the 42nd moved that the Senate insist upon the Senate substitute to HB 1186.

On the motion, the yeas were 38, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 1186.

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

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

The Conference Committee report on SB 45 was as follows:

The Committee of Conference on SB 45 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 45 be adopted.
Respectfully submitted,

FOR THE SENATE:
/a/ Glenn E. Bryant Senator, 3rd District
/s/ Thomas F. Allgood Senator, 22nd District
/s/ Ed Perry Senator, 7th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Mary Jane Galer Representative, 97th District
Peggy Childs Representative, 53rd District
/s/ Jesse Copelan, Jr. Representative, 106th District

Conference Committee substitute to SB 45:

A BILL
To be entitled an Act to amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to records required to be kept by the Department of Public Safety and restrictions on the access to such records, so as to authorize the Department of Public Safety to disseminate certain information from its records to the Georgia Crime Information Center; to authorize the department to provide access to its records to the Department of Human Resources for the purpose of the enforcement of support obligations pursuant to Chapter 11 of Title 19 of the Official Code of Georgia Annotated; to restrict the use of such information; to authorize the Department of Public Safety to promulgate rules, regulations, or policies governing the means of affording access to such information; to authorize the Department of Public Safety to charge a reasonable fee to defray its expenses in providing access to its records; to provide for other matters relative to the foregoing; to provide for an effective date; to repeal conflicting laws; and for other purposes.

FRIDAY, FEBRUARY 28, 1986

1525

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 Department of Public Safety and restrictions on the access to such records, is amended by striking subsections (f) and (g) in their entirety and substituting in lieu thereof new subsections (f), (g), and (h) to read as follows:
"(f) The department may, upon request, disseminate from its records to the United States Selective Service System and the Georgia Crime Information Center compilations of the names, addresses, license numbers, and dates of birth of licensees or applicants for li censes. Such information shall only be used in the fulfillment of the legitimate governmental duties of the United States Selective Service System and the Georgia Crime Information Center and shall not be further disseminated to any person. The department is further au thorized to promulgate rules, regulations, or policies governing the means by which such information will be disseminated from its records to the United States Selective Service System and the Georgia Crime Information Center and is further authorized to charge a fee to defray actual expenses incurred in disseminating such information.
(g) Notwithstanding any other provisions of this Code section, the department may, upon request, provide access to and disseminate information from its records, including compilations of the names and addresses of licensees or applicants for licenses, to the De partment of Human Resources. Any information provided pursuant to this subsection shall be limited to only the names, most current addresses, license numbers, and dates of birth of licensees or applicants for licenses and shall only be used by the Department of Human Resources in connection with the recovery of delinquent child support payments under Chapter 11 of Title 19, known as the 'Child Support Recovery Act.' Such information shall not be further disseminated for purposes other than the recovery of child support. The de partment is authorized to promulgate rules, regulations, or policies governing the means by which access to its records will be afforded and is further authorized to charge a reasonable fee to defray its costs incurred in affording access to or disseminating information contained in its records.
(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. 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 Bryant of the 3rd moved that the Senate adopt the Conference Committee report on SB 45.

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

Those voting in the affirmative were Senators:

Albert Allgood Barker Bond Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Coleman Dawkins

Deal English Engram Foster Garner Gillis Greene Harrison Hine Holloway Howard Huggins

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

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Tolleson Trulock

Turner

Tysinger

Those not voting were Senators:

Baldwin Barnes Bowen Cobb (excused) Coverdell Dean

Fincher Harris Horton Hudgins Kennedy (presiding)

McKenzie Ray Tate Timmons Walker

On the motion, the yeas were 40, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on SB 45.

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

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.

Senator Baldwin of the 29th moved that the Senate adhere to the Senate substitute to HB 840, and that a Conference Committee be appointed.

On the motion, the yeas were 29, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 840.

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 Baldwin of the 29th, Greene of the 26th and Dawkins of the 45th.

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

At 12:55 o'clock P.M., Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

SATURDAY, MARCH 1, 1986

1527

Senate Chamber, Atlanta, Georgia Saturday, March 1, 1986
Thirty-sixth Legislative Day
The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called to order by the President.
Senator Starr of the 44th 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 2050. By Representative Dixon of the 151st: A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Camden County during designated regis tration periods as provided in Code Section 40-2-20.1 of the Official Code of Georgia Annotated.
HB 2052. By Representatives Twiggs of the 4th and Colwell of the 4th: A bill to amend an Act creating the Board of Commissioners of Rabun County, so as to change the provisions relating to the selection of the chairman of the board of commissioners.
HB 2053. By Representatives Dover of the llth and Jamieson of the llth: A bill to reincorporate and provide a new municipal charter for the City of Bald win, in Habersham and Banks counties; to provide for the boundaries of the city.
HB 2054. By Representatives Pettit of the 19th, McKelvey of the 15th and Childers of the 15th: A bill to provide that each resident of the Bartow County School District who is 62 years of age or over and whose income from all sources, including the income of all family members residing within said homestead, does not exceed $18,000.00 per annum shall be granted an exemption from all Bartow County School Dis trict taxes on the full value of such person's homestead owned and occupied by such person as a residence.
HB 2055. By Representatives Crawford of the 5th, Hays of the 1st and Snow of the 1st: A bill to amend an Act relating to the Dade County board of education, so as to change the number of members of the board of education which constitutes a quorum for the transaction of business.
HB 2056. By Representatives McDonald of the 12th, Dover of the llth and Jamieson of the llth: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the Board of Commissioners

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of Banks County to assess and collect license fees and taxes from all persons, firms, and corporations maintaining any place of business in any area of Banks County.
HB 2057. By Representatives Triplett of the 128th, Hamilton of the 124th and Pannell of the 122nd:
A bill to amend an Act creating a new charter for the City of Pooler, so as to change the corporate limits of the City of Pooler.
HB 2058. By Representatives Lucas of the 102nd, Randall of the 101st, Pinkston of the 100th, Groover of the 99th and Home of the 103rd:
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 Macon to grant preferential assessments for city ad valorem property tax purposes for revitalized or rehabilitated residential property (Res. Act No. 171).
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.
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.
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.
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 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.

SATURDAY, MARCH 1, 1986

1529

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.
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.
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.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate:
SB 447. By Senators Turner of the 8th, McKenzie of the 14th, Stumbaugh of the 55th and others:
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 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 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.
The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate:
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.

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The House has adopted, by substitute, by the requisite constitutional majority the fol lowing resolution of the Senate:
SR 330. By Senators Scott of the 2nd, Hudgins of the 15th, Coleman of the 1st and others: 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.
The House has adopted, as amended, by the requisite constitutional majority the fol lowing resolution of the Senate:
SR 281. By Senators Reddish of the 6th, Albert of the 23rd and Scott of the 2nd: A resolution encouraging the development of programs and services for handi capped preschool age children in all Georgia communities.
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 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.
The Speaker has appointed on the part of the House, Representatives Argo of the 68th, Martin of the 60th and Couch of the 40th.
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 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.
The Speaker has appointed on the part of the House, Representatives Ware of the 77th, Groover of the 99th and Auten of the 156th.
The following resolution of the Senate was introduced, read the first time and referred to committee:
SR 490. By Senator Howard of the 42nd: A resolution creating the Economic Development Through Historic Preservation Study Committee.
Referred to Committee on Rules.

SATURDAY, MARCH 1, 1986

1531

The following bills of the House were read the first time and referred to committees:
HB 2050. By Representative Dixon of the 151st:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Camden 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 2052. By Representatives Twiggs of the 4th and Colwell of the 4th:
A bill to amend an Act creating the Board of Commissioners of Rabun County, so as to change the provisions relating to the selection of the chairman of the board of commissioners. Referred to Committee on Urban and County Affairs.
HB 2053. By Representatives Dover of the llth and Jamieson of the llth:
A bill to reincorporate and provide a new municipal charter for the City of Bald win, in Habersham and Banks counties; to provide for the boundaries of the city. Referred to Committee on Urban and County Affairs.
HB 2054. By Representatives Pettit of the 19th, McKelvey of the 15th and Childers of the 15th:
A bill to provide that each resident of the Bartow County School District who is 62 years of age or over and whose income from all sources, including the income of all family members residing within said homestead, does not exceed $18,000.00 per annum shall be granted an exemption from all Bartow County School Dis trict taxes on the full value of such person's homestead owned and occupied by such person as a residence. Referred to Committee on Urban and County Affairs.
HB 2055. By Representatives Crawford of the 5th, Hays of the 1st and Snow of the 1st:
A bill to amend an Act relating to the Dade County board of education, so as to change the number of members of the board of education which constitutes a quorum for the transaction of business. Referred to Committee on Urban and County Affairs.
HB 2056. By Representatives McDonald of the 12th, Dover of the llth and Jamieson of the llth:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the Board of Commissioners of Banks County to assess and collect license fees and taxes from all persons, firms, and corporations maintaining any place of business in any area of Banks County. Referred to Committee on Urban and County Affairs.
HB 2057. By Representatives Triplett of the 128th, Hamilton of the 124th and Pannell of the 122nd:
A bill to amend an Act creating a new charter for the City of Pooler, so as to change the corporate limits of the City of Pooler. Referred to Committee on Urban and County Affairs.

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JOURNAL OF THE SENATE

HB 2058. By Representatives Lucas of the 102nd, Randall of the 101st, Pinkston of the 100th, Groover of the 99th and Home of the 103rd:
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 Macon to grant preferential assessments for city ad valorem property tax purposes for revitalized or rehabilitated residential property (Res. Act No. 171).
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 resolutions of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 344. Do pass.

HB 1460. Do pass as amended.

HB 1074. HB 1191. HB 1287. uHnB i13o6c6c. HB 1384. HB 1444.

Do pass. Do pass by substitute. Do pass as amended. rD^o pass. Do pass by substitute. Do pass.

HB 1501. uHrB> ,1,,6,5,8..
HR 505-

Do pass by substitute. ,,Do pass.
Do Pass-

HR 506- Do Pass HR 517. Do pass.

Respectfully submitted,

Senator Kidd of the 25th District, Chairman

Mr. President: The Committee on Judiciary and Constitutional Law has had under consideration the
following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 1644. Do pass. HB 1283. Do pass by substitute.
Respectfully submitted,
Senator Greene of the 26th District, Chairman

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

HB 1489. Do pass as amended. HB 1742. Do pass.

HB 1938. Do pass. HR 770. Do pass.

HB 1888. 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

SATURDAY, MARCH 1, 1986

1533

bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 600. Do pass.

HB 2006. Do pass.

SB 601. Do pass by substitute.

HB 2007. Do pass.

SB 602. Do pass. HB 1005. Do pass by substitute.

HB 2010. Do pass. HB 2011. Do pass.

HB 1590. Do pass by substitute. HB 1607. Do pass by substitute.

HB 2013. Do pass. HB 2014. Do pass.

HB 1722. HB 1736. HB 1737. HB 1738. HB 1739.

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

HB 2025. HB 2026. HB 2027. HB 2028. HB 2029.

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

HB 1816. HB 1919. HB 1922.

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

HB 2030. HB 2031. HB 2032.

Do pass. Do pass. Do pass.

HB 1923. Do pass.

HB 2033. Do pass.

HB 1945. Do pass. HB 1948. Do pass.

HB 2034. Do pass. HB 2035. Do pass.

HB 1955. Do pass. HB 1956. Do pass.

HB 2036. Do pass. HB 2037. Do pass.

HB 1958. Do pass. HB 1973. Do pass.

HB 2038. Do pass. HB 2039. Do pass.

HB 1982. Do pass.

HB 2040. Do pass.

HB 1983. Do pass. HB 1997. Do pass.

HB 2041. Do pass. HB 2042. Do pass.

HB 1998. Do pass.

HB 2043. Do pass.

Respectfully submitted,

Senator Turner of the 8th District, Chairman

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

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.

HB 1257. By Representative Dobbs of the 74th:
A bill to amend Code Section 40-8-6 of the Official Code of Georgia Annotated, relating to altering the suspension system of certain motor vehicles operated on public streets or highways, so as to provide that it shall be unlawful to alter the suspension system of trucks, which may be operated on public streets or high ways, more than two inches above or below the factory recommendation for such trucks.

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JOURNAL OF THE SENATE

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 1300. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th, Smyre of the 92nd and Benefield of the 72nd:
A bill to make and provide appropriations for the fiscal year beginning July 1, 1986, and ending June 30, 1987.
HB 1348. By Representatives Walker of the 115th, Benefield of the 72nd and Smyre of the 92nd:
A bill to amend Code Section 50-19-7 of the Official Code of Georgia Annotated, relating to reimbursement for mileage and travel expenses for public officials and employees, so as to change the mileage allowance.
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 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 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 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 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 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 1684. By Representatives Hanner of the 131st and Sizemore of the 136th:
A bill to amend Article 1 of Chapter 1 of Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, generally, so as to provide for the investment and reinvestment of assets of local retirement systems under the same terms, conditions, limitations, and restrictions as are imposed on domestic life insurance companies.
HB 1687. By Representative Thompson of the 20th:
A bill to amend Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to dentists and dental hygienists, so as to provide for the licensing of Level II dental hygienists; to provide for educational requirements; to provide for the supervision of dental hygienists and Level II dental hygienists by licensed dentists.
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 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 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 1757. By Representatives Redding of the 50th, Robinson of the 58th, Richardson of the 52nd, Childs of the 53rd, Dean of the 29th and others:
A bill to amend Code Section 31-3-2 of the Official Code of Georgia Annotated, relating to the composition of county boards of health, so as to change the provi sions relating to the chief executive officer of the largest municipality of a county being a member of a county board of health; to authorize the adoption of certain county ordinances when the legal situs of the largest municipality lies within an adjoining county.
HB 1818. By Representatives Cox of the 141st and Murphy of the 18th:
A bill to amend Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to legal defense of indigents, so as to provide that no action for damages

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shall be brought against any attorney licensed to practice law in this state as a result of any act or omission by such attorney in his representation of any indi gent person in any criminal proceeding under certain circumstances.
HB 1839. By Representative Isakson of the 21st: 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".
HB 1952. By Representatives Murphy of the 18th, Burruss of the 20th, McDonald of the 12th, Phillips of the 120th and Lee of the 72nd: A bill to amend Chapter 9 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Building Authority, so as to create the Agency for Re moval of Hazardous Materials to provide for the abatement and removal of as bestos and other hazardous materials from public premises.
HB 1953. By Representatives Murphy of the 18th, Burruss of the 20th, McDonald of the 12th, Phillips of the 120th and Lee of the 72nd: A bill to amend Code Section 45-9-4 of the Official Code of Georgia Annotated, relating to state liability insurance and self-insurance, so as to provide for insur ing and self-insuring liability of officers of the state for separate insurance and self-insurance in connection with abatement and removal of asbestos and other hazardous materials from state facilities,
HB 1984. By Representative Reaves of the 147th: A bill to amend Article 2 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, known as the "Georgia Food Act," so as to provide that the Commis sioner of Agriculture is authorized to promulgate and adopt rules and regulations for the labeling of beef; to provide for certification that beef has been produced without feeding, injecting, or implanting antibiotics or growth hormones in the animal.
HB 1986. By Representatives Logan of the 67th and Argo of the 68th: A bill to amend Part 1 of Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to privileged communications in general, so as to provide a privilege for information concerning veterinary care; to amend Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to inspection of public records, so as to provide that records of veterinary care shall not be open to public inspection.
HR 125. By Representatives Murphy of the 18th, Oliver of the 121st, Lane of the lllth, Dover of the llth, Hays of the 1st 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.
HR 567. By Representative Ross of the 82nd: A resolution compensating Miss Annie M. Peterson in the amount of $300.00.
HR 593. By Representative Johnson of the 76th: A resolution compensating Wyman Nail, Jr., and Rhonda Nail in the amount of $2,045.60.

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HR 635. By Representative Sizemore of the 136th: A resolution compensating Mr. Willie Lee Boone in the amount of $550.00.
HR 643. By Representative Mueller of the 126th: A resolution compensating Ms. Barbara Ann Rozier Sawyer in the amount of
$78.43.
HR 660. By Representatives Redding of the 50th, Richardson of the 52nd, Robinson of the 58th, Williams of the 54th, Alford of the 57th and others: A resolution creating the DeKalb County Government Study Commission.
HR 662. By Representatives Martin of the 60th, Lee of the 72nd, Wood of the 9th, Russell of the 64th, Barnett of the 59th and others: A resolution proposing an amendment to the Constitution so as to provide that no public authority which is authorized to construct, improve, or maintain any road or street on behalf of, pursuant to a contract with, or through the use of taxes or other revenues of a county or municipal corporation shall be created by any local Act or pursuant to any general Act nor shall any law specifically relat ing to any such authority be amended.
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.
HR 686. By Representatives McKinney of the 35th, Dean of the 29th, Thomas of the 31st, Holmes of the 28th, Greer of the 39th and others: A resolution creating the Atlanta-Fulton County Taxation Study Commission.
HR 689. By Representative Kingston of the 125th: A resolution compensating Mr. M. C. Nettles in the amount of $3,254.61.
HR 742. By Representative Morton of the 47th: A resolution compensating Mr. Franklin D. Woodall in the amount of $2,839.95.
HR 743. By Representative Morton of the 47th: A resolution compensating Mr. Norman Breen in the amount of $1,200.00.
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 1074. By Representatives Logan of the 67th, Bray of the 91st and Argo of the 68th: A bill to amend Title 21 of the O.C.G.A., relating to elections, so as to provide certain conditions under which no person shall be deemed to have gained or lost a residence by reason of such person's presence or absence; to provide for consid eration by the registrars of an applicant's expressed intent and all attendant sur rounding circumstances relating to such intent and conduct.

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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 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 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.
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 1384. By Representative Richardson of the 52nd:
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 sev enty-fifth anniversary of the founding of Georgia State University.
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.
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 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

SATURDAY, MARCH 1, 1986

1539

order to regulate the blasting or excavating near other types of underground facilities.
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 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 1658. By Representative Walker of the 85th:
A bill to amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to property tax exemptions, so as to exempt from the return and payment of ad valorem taxes certain tangible personal property if the value of that property does not exceed $1,000.00.
HB 1742. By Representatives Colwell of the 4th and Walker of the 115th:
A bill to amend Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions of public property, so as to empower and authorize any unit or instrumentality of government within this state to as sert any cause of action, initiate any proceeding, seek any remedy, and request or demand any judicial relief which pertains to property and which is available under the general law of this state to nongovernmental parties in like circumstances.
HB 1888. By Representative Colwell of the 4th:
A bill to amend Article 6 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to inventory of public property, so as to provide that certain functions of the Secretary of State relative to the filing of conveyances shall be transferred to the State Properties Commission; to provide that copies of convey ances for the acquisition or disposition of real property owned or held by the Board of Regents of the University System of Georgia shall be filed with the Secretary of State.
HB 1938. By Representative Colwell of the 4th:
A bill to amend Part 7 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, known as the "Sapelo Island Heritage Authority Act," so as to provide that the best and most important use of the Hog Hammock commu nity located on Greater Sapelo Island is for it to remain occupied by the direct descendants of the slaves of Thomas Spalding.

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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.
HR 517. By Representatives Wall of the 61st, Clark of the 55th, Smith of the 152nd, Morton of the 47th, Barnett of the 10th and others:
A resolution applying to the Congress of the United States to call a convention for the purpose of proposing an amendment to the Constitution of the United States providing for a period of silent prayer.
HR 770. By Representative Edwards of the 112th:
A resolution transferring the ownership of a certain structure owned by the Geor gia Forestry Commission to the Schley County Board of Commissioners.
Senator Starr of the 44th asked unanimous consent to dispense with the morning roll call, and the consent was granted.
The following resolution of the Senate was read and adopted:
SR 489. By Senators Burton of the 5th, Howard of the 42nd, Stumbaugh of the 55th and others:
A resolution commending Wilburn M. Adams.
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 28, 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

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February 28, 1986. The list is numbered 611 through 616.

Most sincerely, M 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 611 through 616, who have registered in the Docket of Legislative Appearance as of February 28, 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 28th 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.

M Max Cleland Secretary of State.

(SEAL)
611. Nat Welch Georgia Freight Bureau, Inc. 34 Peachtree St. Suite 2434 NBG Bldg. Atlanta, GA 30303 404/524 ' 7777
612. Guy Mosier Dupont--Biomedical Department 4948 Bridgeport Way Norcross, Georgia 30092 404/441-1499
613. Ronald E. Ginsberg City of Pooler, Ga. P.O. Box 10105 Savannah, GA 31412 912/233-2251

614. Al McRay Al McRay & Co. 240 Peachtree Ctr. Atlanta, GA 30343 404/758-8161
615. CedricJ.Beckles
Tyler Distributors 240 Peachtree Centre Atlanta, GA 30342 404/758-8161 616 Maxwell 0. Thompson
Georgia Employers Assn. Spring Street at Walnut Macon, GA 31201 912/745-6079

Senator Starr of the 44th moved that the Senate do now adjourn until Monday, March 3, and the motion prevailed.

At 9:50 o'clock A.M., the President announced the Senate adjourned until Monday, March 3.

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Senate Chamber, Atlanta, Georgia Monday, March 3, 1986
Thirty-eighth Legislative Day
The Senate met pursuant to law 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 Saturday, March 1, had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following 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 2061. By Representatives Twiggs of the 4th and Colwell of the 4th: A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Lumpkin County during designated re gistration periods as provided in Code Section 40-2-20.1 of the Official Code of Georgia Annotated.
SB 498. By Senator Bond of the 39th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment (Ga. L. 1966, p. 925), which relates to the authorization of the Board of Commissioners of Fulton County to operate landfills.
SB 499. By Senator Bond of the 39th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment (Ga. L. 1939, p. 36) which relates to the authorization of enactment of laws to create a civil service system and commis sion for certain county employees and employees and deputies of county officers of Fulton County.
SB 500. By Senator Bond of the 39th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment (Ga. L. 1929, p. 135) which relates to the authorization of the governing authority of Fulton County to establish sewerage, water, and fire prevention systems and parks and to levy taxes in support of such

SB 501. By Senator Bond of the 39th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment (Ga. L. 1982, p. 2647), which relates to the authorization of the General Assembly by legislation to treat real property in urban enterprise zones in Atlanta as a separate class of property for Atlanta and Fulton County tax purposes.

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SB 502. By Senator Bond of the 39th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment (Ga. L. 1982, p. 2645), 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.
SB 503. By Senator Bond of the 39th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment (Ga. L. 1972, p. 1439), 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.
SB 504. By Senator Bond of the 39th:
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 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.
SB 505. By Senator Bond of the 39th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to the provision that the judge of probate court, sheriff, clerk of the superior court, tax receiver, tax collec tor or tax county commissioner, and county treasurer of Fulton County shall be required to appoint a chief clerk, chief assistant, or chief deputy.
SB 506. By Senator Bond of the 39th:
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 giving to the General Assembly powers relative to ad valorem taxation by Fulton County and the polit ical subdivisions located wholly or in part in Fulton County, including the power to prescribe the date of tax assessments and levies.
SB 507. By Senator Bond of the 39th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment (Ga. L. 1978, p. 2367), which relates to the granting of a $10,000.00 homestead exemption from county and county school district ad valorem taxes to each resident of Fulton County who is dis abled or 65 years of age or older.
SB 508. By Senator Bond of the 39th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment (Ga. L. 1982, p. 2504), 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.
SB 509. By Senator Bond of the 39th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment (Ga. L. 1979, p. 1797), which relates to

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the establishing of the Fulton County Industrial District and prohibits the board of commissioners from levying any tax for education purposes within the district.
SB 510. By Senator Bond of the 39th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment (Ga. L. 1952, p. 514) 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.
SB 511. By Senator Bond of the 39th:
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 authorization of the General Assembly to provide by general or local law all the powers, responsibili ties, and limitations of the governing authority of Fulton County in the incorpo rated and unincorporated area.
SB 512. By Senator Bond of the 39th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment (Ga. L. 1969, p. 1154), which relates to the authorization of Fulton County to issue general obligation bonds for certain public improvements without the vote of the people.
SB 513. By Senator Bond of the 39th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment (Ga. L. 1972, p. 1477), 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.
SB 514. By Senator Bond of the 39th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to the provision that for purposes of determining eligibility for homestead exemption from local county, city, and school ad valorem taxes in Fulton County a homestead shall include property held under an occupancy agreement as a stockholder of a nonprofit co operative ownership housing corporation.
SB 515. By Senator Bond of the 39th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment (Ga. L. 1950, p. 453) 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 an agency of the state.
SB 516. By Senator Bond of the 39th:
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 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 cover age by system.

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1545

SB 518. By Senator Bond of the 39th:
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 authorization of a levy of tax or assessment on real property in unincorporated areas of Fulton County for garbage disposal services and to divide such area into garbage dispo sal districts without regard to uniformity.
SB 519. By Senator Bond of the 39th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment (Ga. L. 1952, p. 591) 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.
SB 520. By Senator Bond of the 39th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment (Ga. L. 1976, p. 1880), which relates to the authorization of Fulton County to adopt ordinances for the unincorporated areas of the county.
SB 521. By Senator Bond of the 39th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment (Ga. L. 1943, p. 24) 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, his toric, recreational and natural resources, facilities, and assets of the county.
SB 522. By Senator Bond of the 39th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment (Ga. L. 1964, p. 872) 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.
SB 523. By Senator Bond of the 39th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment (Ga. L. 1963, p. 693) which relates to the granting of full authority regarding street improvements in the unincorporated area of Fulton County.
SB 524. By Senator Bond of the 39th:
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 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.
SB 525. By Senator Bond of the 39th:
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 authorization of re quiring 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 collections.

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SB 526. By Senator Bond of the 39th:
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 authorization of cer tain employees whose wages are paid wholly or partially out of funds of Fulton County to participate in the pension system established for county employees.
SB 527. By Senator Bond of the 39th:
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 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.
SB 528. By Senator Bond of the 39th:
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 authorization of the Board of Commissioners of Fulton County to establish no more than two branch offices for the conduct of county business and authorizes the board of education to establish branch offices for the conduct of official business on education matters.
SB 529. By Senator Bond of the 39th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment (Ga. L. 1966, p. 909), which relates to the authorization of Fulton County to levy and collect business license tax in the unincorporated area.
SB 530. By Senator Bond of the 39th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment (Ga. L. 1964, p. 891), which relates to the authorization of Fulton County to cooperate with the City of Atlanta to construct a stadium and to contract with the city for the purpose of retiring the financial obligations.
SB 547. By Senators Harrison of the 37th, Tolleson of the 32nd, Brantley of the 56th 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 payment of a portion of revenues derived from the taxation of alcoholic beverages in Cobb County to school districts within said county.
SB 548. By Senators Harrison of the 37th, Tolleson of the 32nd and Brantley of the 56th:
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 Board of Education of Cobb County.
SB 549. By Senators Barnes of the 33rd, Harrison of the 37th and 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 relates to authority for the enact ment of legislation relative to the Cobb County Board of Education without the necessity of a referendum.

MONDAY, MARCH 3, 1986

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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, 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.
SB 557. By Senators Barnes of the 33rd, Harrison of the 37th and 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 relates to the City of Marietta and its board of lights and water works and their powers with respect to utility opera tions and financing.
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.
SB 578. By Senators Harrison of the 37th, Brantley of the 56th, Tolleson of the 32nd 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 compensation of the judge and the clerk of the probate court.
The House has passed, as amended, by the requisite constitutional majority, the follow ing bill of the Senate:
SB 531. By Senator Bond of the 39th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment (Ga. L. 1968, p. 1571), which relates to the authorization of Fulton County to indemnify the tax commissioner for uncol lectible checks for automobile license tags.
The following bill of the Senate was introduced, read the first time and referred to committee:
SB 603. By Senator Kidd of the 25th:
A bill to amend an Act creating the Board of Commissioners of Putnam County, as amended, so as to change the compensation of the chairman and members of the board of commissioners; to provide for a vice chairman; to provide an effec tive date. Referred to Committee on Urban and County Affairs.
The following bill of the House was read the first time and referred to committee:
HB 2061. By Representatives Twiggs of the 4th and Colwell of the 4th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Lumpkin 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.

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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 resolutions of the House and has instructed me to report the same back to the
Senate with the following recommendations:

HB 1270. Do pass.

HB 1445. Do pass.

HB 1294. Do pass.

HB 1785. Do pass.

HB 1297. Do pass.

HR 509. Do pass by substitute.

HB 1362. Do pass as amended.

HR 718. 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 House and has instructed me to report the same back to the Senate with the follow ing recommendations:
HB 1551. Do pass. HB 1794. Do pass.
Respectfully submitted,
Senator Scott of the 2nd District, Chairman

Mr. President:

The Committee on Education has had under consideration the following bills and reso lution of the House and has instructed me to report the same back to the Senate with the following recommendations:
HR 717. Do pass. HB 568. Do pass. HB 1276. Do pass.
Respectfully submitted,
Senator Foster of the 50th District, Chairman

Mr. President:

The Committee on Human Resources has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 1549. Do pass. HB 2001. Do pass.
Respectfully submitted,
Senator Howard of the 42nd District, Chairman

Mr. President:

The Committee on Public Safety has had under consideration the following bill and

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1549

resolutions of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 1347. Do pass.
HR 69. Do pass.
HR 644. Do pass by substitute.
Respectfully submitted,
Senator Bowen of the 13th District, Chairman
The following bills and resolutions of the House were read the second time:
HB 568. By Representatives Walker of the 85th, Ransom of the 90th, Brown of the 88th and Redding of the 50th:
A bill to amend Code Section 20-8-5 of the Official Code of Georgia Annotated, relating to law enforcement powers of school security personnel in certain coun ties, so as to remove certain population limitations and provide for applicability to school security personnel of county boards of education and independent boards of education.
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 1276. By Representative Richardson of the 52nd:
A bill to amend Code Section 20-2-754 of the Official Code of Georgia Annotated, relating to procedures to be followed by public school disciplinary tribunals and the review of such proceedings, so as to afford the local board of education 15 days, excluding weekends and holidays, to decide appeals in disciplinary matters.
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 1347. By Representatives Martin of the 60th and Coleman of the 118th:
A bill to amend Code Section 40-6-163 of the Official Code of Georgia Annotated, relating to the duty of driver of vehicle meeting or overtaking a school bus and reports of certain violations, so as to change certain provisions relative to the conduct of hearings and actions taken by the Department of Public Safety.

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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 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 1549. By Representative Richardson of the 52nd:
A bill to amend Code Section 31-7-261 of the Official Code of Georgia Annotated, regarding immunity from liability for criminal records checks of personal care home personnel, so as to extend that immunity to county boards of health; to change a term.
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.
HB 1785. By Representatives Milam of the 81st, Ware of the 77th, Phillips of the 120th, Bray of the 91st and Groover of the 99th:
A bill to amend Code Section 48-5-290 of the Official Code of Georgia Annotated, relating to the creation and appointment of county boards of tax assessors, so as to change the number of members which may be appointed to a county board of tax assessors.
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.
HB 2001. By Representatives Lucas of the 102nd, Lee of the 72nd and Smyre of the 92nd:
A bill to amend Article 5 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to aid to families with dependent children, so as to provide that all income earned by persons aged 18 or under under the Jobs Training Program Act shall not be deducted from any payments made under this article.
HR 69. By Representatives Reaves of the 147th, Long of the 142nd, Royal of the 144th, Matthews of the 145th, Moody of the 153rd and Branch of the 137th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for indemnification with respect to publicly employed emergency medical technicians who are or have been killed or perma nently disabled in the line of duty on or after January 1, 1987.

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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.

HR 644. By Representatives Lucas of the 102nd and Coleman of the 118th:
A resolution proposing an amendment to the Constitution so as to provide that the General Assembly shall provide by law for a program of indemnification with respect to the permanent disability of any law enforcement officer, fireman, or prison guard who was permanently disabled in the line of duty subsequent to January 1, 1977, and prior to January 1, 1979; to provide that funds may be appropriated and insurance purchased for such purpose.

HR 717. By Representatives Cummings of the 17th, Murphy of the 18th, Connell of the 87th, Wilson of the 20th, Lawler of the 20th and others:
A resolution designating the English language as the official language of the State of Georgia.

HR 718. By Representatives Bolster of the 30th, Williams of the 6th, Dover of the llth and Crosby of the 150th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide a procedure for the creation of development dis tricts for the promotion of commercial development through ad valorem tax incentives.

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

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

English Engram Garner Harrison Hine Holloway Horton Huggins Kennedy Kidd Land McGill McKenzie

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

Those not answering were Senators:

Barnes Bond BCorabnbnon
Coverdell
Dawkins

Fincher Foster GGirleleisne
Harris
Howard

Hudgins Langford PDh, l.l,,l.lps
Timmons
Trulock

Senator Engram of the 34th introduced the chaplain of the day, Reverend Ike Reighard,

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pastor of New Hope Baptist Church, Fayetteville, Georgia, who offered scripture reading and prayer.
The following resolutions of the Senate were read and adopted:
SR 491. By Senators Gillis of the 20th, McGill of the 24th, Huggins of the 53rd and others:
A resolution commending the Honorable Lester G. Maddox and inviting the members of the Senate to attend the unveiling of his portrait in the Hall of Fame of the Capitol.
SR 492. By Senator Kennedy of the 4th:
A resolution commending the Evans County Wildlife Club.
The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR
Monday, March 3, 1986
THIRTY-EIGHTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 600 Reddish, 6th Charlton County
Amends Act consolidating offices of tax receiver and tax collector of county; changes compensation of tax commissioner; authorizes tax commissioner to retain certain fees.
*SB 601 Engram, 34th Langford, 35th Scott, 36th Tate, 38th Bond, 39th Coverdell, 40th Brantley, 56th Fulton County
Provides for creation of one or more community improvement districts in county and in each municipality therein except city of Atlanta; provides for short title; provides for purposes of said districts; provides for definitions; provides for board to administer said districts; provides for appointment of members of said board. (SUBSTITUTE)
SB 602 Brantley, 56th Tolleson, 32nd Harrison, 37th Barnes, 33rd Cobb County
Amends Act consolidating offices of tax collector and tax receiver of county into one office of tax commissioner of county; changes compensation of chief clerk; provides an effective date.

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*HB 1005 *HB 1590 *HB 1607 *HB 1722
HB 1736 HB 1737 HB 1738

Harrison, 37th Brannon, 51st Cherokee County
Creates board of commissioners consisting of three members elected from districts; provides for election and terms of office of members of board (SUB STITUTE)
Allgood, 22nd Albert, 23rd City of Augusta Richmond County
Amends Act providing charter for city; abolishes certain offices on city coun cil office of the remaining members of council and provides for election and terms of all successors thereafter. (SUBSTITUTE)
Horton, 17th Henry County
Grants exemptions from county school district ad valorem taxation to certain elderly and disabled residents of county; provides amount of qualifications for said exemptions; supersedes and repeals constitutional amendment relat ing to homestead exemption from county school district taxes. (SUBSTI TUTE)
Burton, 5th Stumbaugh, 55th Walker, 43rd Howard, 42nd Tysinger, 41st City of Decatur DeKalb County
Amends Act providing an additional $2,000 homestead exemption from city ad valorem taxes for certain residents of said city; provides for an additional homestead exemption of $1,000 from city ad valorem taxes, except ad valorem taxes for the independent school system of said city. (SUBSTI TUTE)
Allgood, 22nd Albert, 23rd Richmond County
Continues amendment which authorizes appropriations not to exceed $75,000. per year to advertise and promote facilities and assets of county and encourage location and expansion of business therein and attract tourists thereto.
Allgood, 22nd Albert, 23rd Richmond County
Continues amendment which authorizes county to acquire and construct in cinerators, garbage and refuse facilities, to fix charges for their use, to enter into leases and contracts, and to issue revenue bonds.
Gillis, 20th English, 21st Washington County
Provides a $10,000.00 homestead exemption for certain property from county

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school district ad valorem taxes for educational purposes for certain residents of that county who have certain annual incomes not exceeding $10,000. and who are 65 years of age or over.

HB 1739 English, 21st Gillis, 20th Washington County
Provides $10,000.00 homestead exemption for certain property from 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 1816

Barker, 18th Harris, 27th Greene, 26th City of Macon Bibb County
Amends Act known as the "Macon-Bibb County Transit Authority Act of 1980"; permits 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. (SUB STITUTE)

*HB 1919

Broun, 46th Clarke County
Amends Act providing for compensation of Coroner of county; changes com pensation provisions regarding that compensation. (AMENDMENT)

HB 1922 Garner, 30th Engrain, 34th Douglas County
Amends Act creating Magistrate's Court of county; changes compensation of Chief Magistrate of that court.

HB 1923 Garner, 30th Engram, 34th Douglas County
Provides that vehicles shall be registered and licensed to operate for the en suing calendar year and thereafter in county during designated registration periods as provided in O.C.G.A.

HB 1945 English, 21st City of Nunez Emanuel County
Creates and incorporates city in county and grants a charter to that munici pality under that corporate name and style.

HB 1948 Baldwin, 29th Garner, 30th Carroll County
Provides for compensation and expenses of chairperson and members of Board of Education of county; provides for practices and procedures in con nection therewith.

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HB 1955 Brown, 47th City of Comer Madison County
Amends Act creating and incorporating city; changes term of office of mayor.
HB 1956 Peevy, 48th Phillips, 9th Gwinnett County
Provides that vehicles shall be registered and licensed to operate for ensuing calendar year and thereafter in county during designated registration periods as provided in O.C.G.A.
HB 1958 Garner, 30th Engram, 34th City of Douglasville Douglas County
Amends Act known as "Douglasville-Douglas County Water and Sewer Au thority Act," specified that mayor of city and chairman of board of commis sioners of county shall have full voting rights as members of authority.
HB 1973 Dawkins, 45th Walton County
Continues amendment which relates to creation of Walton Industrial Build ing Authority and powers and functions of authority.
HB 1982 Baldwin, 29th Garner, 30th Carroll County
Amends Act relating to board of education and school superintendent of county school district; clarifies provisions relating to date of future elections of certain members of board of education.
HB 1983 Baldwin, 29th Garner, 30th Carroll County
Amends Act placing clerk of Superior Court of county on salary basis; changes compensation of clerk of Superior Court of county.
HB 1997 English, 21st Screven County
Provides that vehicles shall be registered and licensed to operate for ensuing calendar year and thereafter in county during designated registration periods as provided in O.C.G.A.
HB 1998 English, 21st Emanuel County
Continues amendment creating Emanuel County Development Authority.
HB 2006 Fincher, 54th Brannon, 51st Whitfield County
Amends Act creating Board of Commissioners of county; changes composi tion and method of election of board of commissioners.

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HB 2007 Dean, 31st City of Rockmart Polk County
Continues amendment creating Rockmart Development Authority.
HB 2010 Turner, 8th Cook County
Provides for election of members of Cook County Board of Education; pro vides for election districts; provides for election of chairman.
HB 2011 Turner, 8th Cook County
Amends Act creating board of commissioners of county; provides for election of five-member board of commissioners; provides for commissioner districts.
HB 2013 Timmons, llth City of Pelham Mitchell County
Amends Act providing new charter for city; provides for election and terms of mayor and council members; provides for districts and election from districts; provides for residency requirements.
HB 2014 Timmons, llth City of Pelham Mitchell County
Amends Act providing new charter for city; provides for election and terms of office of board of education of public school system of city; provides for resi dence requirements.
HB 2025 Holloway, 12th Dougherty Judicial Circuit Dougherty County
Amends Act creating Dougherty Judicial Circuit; changes county supple ments for judge of that circuit.
HB 2026 Holloway, 12th Dougherty County
Amends Act creating State Court of county; formerly known as city court of Albany; changes provisions concerning costs and fees.
HB 2027 Holloway, 12th Dougherty County
Provides that vehicles shall be registered and licensed to operate for ensuing calendar year and thereafter in county during designated registration periods as provided in O.C.G.A.
HB 2028 Horton, 17th Starr, 44th Clayton County
Increases homestead exemption from county ad valorem taxes for residents of county who own and occupy their residences; increases homestead exemp tion from county ad valorem taxes for residents of county who are 65 years of age or older.

MONDAY, MARCH 3, 1986

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HB 2029 Horton, 17th Starr, 44th Clayton County
Provides that term of office of chairman of board of education of county shall be two years; provides that chairman shall be eligible for reelection to subse quent terms of office; provides for filling vacancies in office of chairman.
HB 2030 Horton, 17th Starr, 44th Clayton County
Amends Act changing composition of manner of selection of members of board of education of county; changes method of filling vacancies on board.
HB 2031 Horton, 17th Starr, 44th Clayton County
Amends Act creating board of commissioners of county; changes method of selecting vice-chairman; changes compensation of chairman and other mem bers of board.
HB 2032 Horton, 17th Starr, 44th Clayton County
Amends Act providing for supplement to salaries of judges of Superior Court of Clayton Judicial Circuit; changes county supplement to state salary of said judges.
HB 2033 Horton, 17th Starr, 44th Clayton County
Amends Act placing judge of Probate Court of county on an annual salary; changes compensation of said officer.
HB 2034 Horton, 17th Starr, 44th Clayton County
Amends Act placing sheriff and clerk of Superior Court of county on an an nual salary; changes compensation of said officers; changes compensation of deputy clerk of superior court.
HB 2035 Horton, 17th Starr, 44th Clayton County
Amends Act creating State Court of county; creates office of deputy clerk of State Court of county; authorizes clerk of State Court of county to appoint and fix compensation of said deputy clerk.
HB 2036 Horton, 17th Starr, 44th Clayton County
Amends Act consolidating offices of tax receiver and tax collector of county into office of tax commissioner; changes provisions relative to compensation of tax commissioner; changes provisions relative to compensation of deputy tax commissioner.

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HB 2037 Horton, 17th Starr, 44th Clayton County Amends Act providing for compensation and expenses of coroner of county; changes compensation of coroner.
HB 2038 Horton, 17th Starr, 44th Clayton County Amends Act providing for county supplement to state salary of district attor ney of Clayton Judicial Circuit; changes amount of said supplement.
HB 2039 Horton, 47th Starr, 44th Clayton County Continues amendment which relates to board of education and school super intendent of county.
HB 2040 Horton, 17th Starr, 44th Clayton County Continues amendment which authorizes creation of a civil service system for all persons other than elected officials whose wages or salaries are paid in whole or part out of funds of county.
HB 2041 Horton, 17th Starr, 44th Clayton County Continues amendment which authorizes the licensing and regulation of busi nesses in unincorporated areas of county.
HB 2042 Horton, 17th Starr, 44th Clayton County Continues amendment which authorizes General Assembly to empower gov erning authority of county to adopt ordinances and provides penalties for violating ordinances.
HB 2043 Horton, 17th Starr, 44th Clayton County Continues amendment which authorizes county to incur additional indebted ness and issue bonds for purpose of establishing a system of waterworks and sewerage.
The substitutes and amendment to the following bills were put upon their adoption:
*SB 601:
The Senate Committee on Urban and County Affairs offered the following substitute to SB 601:
A BILL
To be entitled an Act to provide for the creation of one or more community improve-

MONDAY, MARCH 3, 1986

1559

ment districts in unincorporated Fulton County; to provide for a short title; to provide for the purposes of the said districts; to provide for definitions; to provide for boards to admin ister said districts; to provide for appointment or election of members of said boards; to provide for taxes, fees, and assessments; to provide for the boundaries of said districts; to provide for the debt of said districts; to provide for cooperation with local governments; to provide for powers of said boards; to provide for general obligation bonds, notes, and other obligations of said districts; to provide for the form of bonds, provisions for exchange and transfer, certificates of validation, specification of interest rates in notice to the district at torney or the Attorney General, and in notice of validation hearing, etc., and definition of terms "cost of the project" or "cost of any project" as used in bond resolutions, etc.; to provide for authorized contents of agreements and instruments of the boards generally, use of proceeds of sale of bonds, notes, etc., and subsequent issue of bonds, notes, etc.; to pro vide for construction; to provide that Chapter 5 of Title 10 of the O.C.G.A., the "Georgia Securities Act of 1973" shall not apply to the offer, sale, or issuance of the boards' bonds, notes, or other obligations; to provide that no notice, proceeding, publication, or referendum shall be required; to provide for dissolutions; to provide the procedures connected with all of the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Short title. This Act shall be referred to as the "Fulton County Community Improvement Districts Act."
Section 2. Purpose. The purpose of this Act shall be to provide for the creation of one or more community improvement districts within unincorporated Fulton County, and such districts shall be created for the provision of such of the following governmental services and facilities as may be provided for in the resolution activating each district created hereby, or any supplemental resolution amending same:
(1) Street and road construction and maintenance, including curbs, sidewalks, street lights, and devices to control the flow of traffic on streets and roads;
(2) Parks and recreational areas and facilities;
(3) Storm water and sewage collection and disposal systems;
(4) Development, storage, treatment, purification, and distribution of water;
(5) Public transportation;
(6) Terminal and dock facilities and parking facilities; and
(7) Such other services and facilities as may be provided for by general law.
Section 3. Definitions. As used herein, the term:
(1) "Agricultural" means the growing of crops for sale or raising of animals for sale or use, including the growing of field crops, fruit or nut trees, the raising of livestock or poul try, and the operation of dairies, horse-boarding facilities, and riding stables.
(2) "Board" means the governing body created for the governance of each community improvement district herein authorized.
(3) "Bonds," or "general obligation bonds" means any bonds of a district which are authorized to be issued under the Constitution and laws of Georgia, including refunding bonds but not including notes or other obligations of a district.
(4) "Caucus of electors" means for each district the meeting of electors hereinafter pro vided for at which the elected board members of the district are elected. A quorum at such caucus shall consist of those electors present, and a majority of those present and voting is necessary to elect board members. No proxy votes may be cast.
(5) "Cost of the project" or "cost of any project" means and includes:
(A) All costs of acquisition (by purchase or otherwise), construction, assembly, installs-

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tion, modification, renovation, or rehabilitation incurred in connection with any project or any part of any project;
(B) All costs of real property, fixtures, or personal property used in or in connection with or necessary for any project or for any facilities related thereto, including, but not limited to, the cost of all land, estates for years, easements, rights, improvements, water rights, connections for utility services, fees, franchises, permits, approvals, licenses, and cer tificates; the cost of securing any such franchises, permits, approvals, licenses, or certificates; and the cost of preparation of any application therefor and the cost of all fixtures, machin ery, equipment (including all transportation equipment and rolling stock), furniture, and other property used in or in connection with or necessary for any project;
(C) All financing charges and loan fees and all interest on bonds, notes, or other obliga tions of a district which accrue or are paid prior to and during the period of construction of a project and during such additional period as the board may reasonably determine to be necessary to place such project in operation;
(D) All costs of engineering, surveying, and architectural and legal services and all ex penses incurred by engineers, surveyors, architects, and attorneys in connection with any project;
(E) All expenses for inspection of any project;
(F) All fees of fiscal agents, paying agents, and trustees for bondholders under any trust agreement, indenture of trust, or similar instrument or agreement; all expenses incurred by any such fiscal agents, paying agents, and trustees; and all other costs and expenses incurred relative to the issuance of any bonds, notes, or other obligations for any projects;
(G) All expenses of or incidental to determining the feasibility or practicability of any project;
(H) All costs of plans and specifications for any project;
(I) All costs of title insurance and examinations of title with respect to any project;
(J) Repayment of any loans made for the advance payment of any part of any of the foregoing costs, including interest thereon and any other expenses of such loans;
(K) Administrative expenses of the board and such other expenses as may be necessary or incidental to any project or the financing thereof or the placing of any project in opera tion; and
(L) The establishment of a fund or funds for the creation of a debt service reserve, a renewal and replacement reserve or such other funds or reserves as the board may approve with respect to the financing and operation of any project and as may be authorized by any bond resolution, trust agreement, indenture of trust, or similar instrument or agreement pursuant to the provisions of which the issuance of any bonds, notes, or other obligations of the district may be authorized.
Any cost, obligation, or expense incurred for any of the foregoing purposes shall be a part of the cost of the project and may be paid or reimbursed as such out of proceeds of bonds, notes, or other obligations issued by the district.
(6) "District" means the geographical area designated as such by the resolution of the governing body or consenting to the creation of the community improvement district or as thereafter modified by any subsequent resolution of the governing body or bodies within which the district is or is to be located, or a body corporate and politic being a community improvement district created and activitated pursuant thereto, as the context requires or permits.
(7) "Electors" means the owners of real property within the district which is then sub ject to taxes, fees, and assessments levied by the board, as appear on the most recent ad valorem real property tax return records of Fulton County, or one officer or director of a corporate elector, one trustee of a trust which is an elector, one partner of a partnership

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elector, or one designated representative of an elector whose designation is made in writing to the Fulton County Tax Commissioner, on a form satisfactory to that commissioner, at least eight days prior to an election. An owner of multiple parcels has one vote, not one vote per parcel. Multiple owners of one parcel have one vote which must be cast by one of their number who is designated in writing by such multiple owners as their elector.
(8) "Equitably apportioned among the properties subject to such taxes, fees, and assess ments according to the need for governmental services and facilities created by the degree of density of development of each such property," with reference to taxes, fees, and assess ments levied by the board, means that the burden of the taxes, fees, and assessments shall be apportioned among the properties subject thereto based upon the values established in the most recent ad valorem tax reassessment of such properties certified by the chairman of the Fulton County Board of Tax Assessors.
(9) "Forestry" means the planting and growing of trees for sale in a program which includes reforestation of harvested trees, regular underbrush and undesirable growth clean ing, fertilizing, pruning, thinning, cruising, and marking which indicate an active tree-farm ing operation; it does not include the casual growing of trees on land otherwise idle or held for investment, even though some harvesting of trees may occur thereon.
(10) "Hereby," "herein," "hereinafter," and "herewith" have the meanings generally ascribed to these words.
(11) "Project" means the acquisition, construction, installation, modification, renova tion, or rehabilitation of land, interests in land, buildings, structures, facilities, or other im provements located or to be located within the district, and the acquisition, installation, modification, renovation, rehabilitation, or furnishing of fixtures, machinery, equipment, furniture, or other property of any nature whatsoever used on, in, or in connection with any such land, interest in land, building, structure, facility, or other improvement, all for the essential public purposes set forth in Section 2 of this Act.
(12) "Property owner" or "owner of real property" means any entity or person shown as a taxpayer for one or more parcels of real estate on the most recent ad valorem tax records of Fulton County within the district as certified by the Fulton County Tax Commissioner. Multiple owners of one parcel shall constitute one property owner and shall designate in writing one of their number to represent the whole.
(13) "Property used nonresidentially" means property used for neighborhood shopping, planned shopping center, general commercial, tourist services, office or institutional, office services, light industry, heavy industry, central business district or other commercial or bus iness use which does not include residential.
(14) "Taxpayer" means any entity or person paying ad valorem taxes on real property, whether one or more parcels of property within the district. Multiple owners of one parcel shall constitute one taxpayer and shall designate in writing one of their number to represent the whole.
Section 4. Creation. Pursuant to Article IX, Section VII of the Constitution of the State of Georgia, as amended in 1984 (said amendment being set out at Ga. L. 1984, p. 1703 et seq.) there is created one or more community improvement districts to be located in Fulton County, Georgia, wholly within the unincorporated area thereof, each of which shall be acti vated upon compliance with the conditions hereinafter provided and which shall be gov erned by a board as hereinafter constituted. The conditions for such activation shall be:
(1) The adoption of a resolution consenting to the creation of each community improve ment district by the Fulton County Board of Commissioners, which resolution shall impose such conditions on the projects and activities which may be undertaken as will ensure their compatibility with adopted county policies and planning for the area; and
(2) Written consent to the creation of the community improvement district by:
(A) A majority of the owners of real property within the district which will be subject to taxes, fees, and assessments levied by the board of the district;

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(B) The owners of real property within the district which constitutes at least 75 percent by value of all real property within the district which will be subject to taxes, fees, and assessments levied by the board and for this purpose value shall be determined by the most recent approved county ad valorem tax digest; and
(C) The written consent provided for above shall be submitted to the Fulton County Tax Commissioner who shall certify whether subparagraphs (A) and (B) of this paragraph have been satisfied with respect to each such proposed district.
No district or board created hereunder shall transact any business or exercise any powers hereunder until the foregoing conditions are met. A copy of such resolutions shall be filed with the Secretary of State who shall maintain a record of all districts activated hereunder and a second copy shall be filed with the Department of Community Affairs.
Section 5. Administration, appointment, and election of board members, (a) Each dis trict created pursuant hereto shall be administered by a board composed of seven members to be appointed and elected as hereinafter provided. Two board members shall be appointed by the Fulton County Board of Commissioners and the remaining board members shall be elected by the owners of real property within the district subject to taxes, fees, and assess ments levied by the board. The appointed board members shall serve at the pleasure of the governing body which appointed same, respectively. The initial elected board members shall serve for terms of office as follows: two shall serve for two years, and the remaining board members shall serve for four years. Thereafter, all terms of office shall be for four years, except the appointed members who serve at the pleasure of the governing body which ap pointed them.
(b) The initial board members to be elected as provided herein shall be elected in a caucus of electors which shall be held within 60 days after the adoption of the resolutions and obtaining the written consents herein provided at such time and place within the dis trict as the Fulton County Board of Commissioners shall designate after notice thereof shall have been given to said electors by 1) publishing same in the legal organ of Fulton County as hereinafter provided and 2) contacting each elector by U.S. mail at the address indicated in the property tax rolls. Thereafter, there shall be conducted biennially, not later than 60 days following the last day for filing ad valorem property tax returns in Fulton County, a caucus of said electors at such time and place within the district as the board shall designate in such notice for the purpose of electing board members to those positions which have terms expiring or are vacant. If a vacancy occurs in an elected position on the board, the board shall, within 60 days thereafter, call a special election to fill the same to be held within 60 days of the call unless such vacancy occurs within 180 days of the next regularly scheduled election, in which case a special election may, but need not, be called. For any election held hereunder, notice of said election shall be given the electors by 1) publishing notice thereof in the legal organ of Fulton County on four dates at least 45 days, 31 days, 17 days, and 10 days, respectively, prior to such election, and 2) by contacting each elector at least 31 days prior to such election by U.S. mail at the address indicated in the property tax rolls.
(c) The elected board members shall be subject to recall as any other elected public official by the electors hereinabove defined.
(d) Elected board members shall be elected within the district. If such a board member ceases to be an elector, such board member's position shall be declared vacant as of the date of the event terminating such status.
(e) The board members shall receive no compensation for their services but shall be reimbursed for actual expenses incurred in the performance of their duties. They shall elect one of their members as chairman and another as vice-chairman and shall also elect a secre tary and a treasurer or a secretary-treasurer, either of whom may but need not be a member of the board.
Section 6. Taxes, fees, and assessments, (a) The board may levy taxes, fees, and assess ments within the district only on real property, specifically excluding all property exempt from ad valorem taxation under the Constitution or laws of the State of Georgia and all

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property used for residential, agricultural, or forestry purposes and specifically excluding tangible personal property and intangible property. Any tax, fee, or assessment so levied shall not exceed 2Vi percent of the aggregate assessed value of all such real property. The taxes, fees, and assessments levied by the board upon the properties shall be equitably ap portioned among the properties according to the need for governmental services and facili ties created by the degree of density of development within the district and not for the purpose of providing those governmental services and facilities provided to the county or municipality as a whole. Any tax, fee, or assessment so levied shall be collected by Fulton County in the same manner as taxes, fees, and assessments are levied by the county. Delin quent taxes shall bear the same interest and penalties as Fulton County ad valorem taxes and may be enforced and collected in the same manner. The proceeds of taxes, fees, and assessments so levied, less a fee to cover the costs of collection of 1 percent thereof, but not more than $25,000.00 in any one calendar year, shall be transmitted by Fulton County to the board and shall be expended by the board only for the purposes authorized hereby.
(b) The board shall levy the above-provided taxes between January 1 and June 1 each calendar year and notify in writing the collecting governing body by June 15 each year so it may include the levy on its regular ad valorem tax bills.
(c) If a parcel of real property is removed from a district or otherwise would become nontaxable it shall continue to bear its tax millage then extant upon such event for bonded indebtedness of the district then outstanding until said bonded indebtedness then outstand ing is paid or refunded.
Section 7. Boundaries of the districts, (a) The boundaries of each district shall be as designated as such by the Fulton County Board of Commissioners as set forth in the resolu tions required in Section 4 hereof, or as may thereafter be added as hereinafter provided.
(b) The boundaries of a district may be increased after the initial creation of a district pursuant to the following:
(1) Written consent of a majority of the owners of real property within the area sought to be annexed and which will be subject to taxes, fees, and assessments levied by the board of the district is first obtained;
(2) Written consent of owners of real property within the area sought to be annexed which constitutes at least 75 percent by value of the property which will be subject to taxes, fees, and assessments levied by the board and for this purpose value shall be determined by the most recent approved county ad valorem tax digest;
(3) The adoption of a resolution consenting to the annexation by the board of the dis trict; and
(4) The adoption of a resolution consenting to the annexation by the governing author ity of Fulton County.
Section 8. Debt. Each district may incur debt without regard to the requirements of Article IX, Section V of the Constitution of Georgia, or any other provision of law prohibit ing or restricting the borrowing of money or the creation of debt by political subdivisions of the State of Georgia, which debt shall be backed by the full faith, credit, and taxing power of the district but shall not be an obligation of the State of Georgia or any other unit of government of the State of Georgia other than the district.
Section 9. Cooperation with local governments. The services and facilities provided pur suant hereto shall be provided for in a cooperation agreement executed jointly by the board and the governing body of Fulton County. The provisions of this section shall in no way limit the authority of Fulton County to provide services or facilities within the district; and Fulton County shall retain full and complete authority and control over any of its facilities located within any district. Said control shall include but not be limited to the modification of, access to, and degree and type of services provided through or by facilities of the county. Nothing contained in this section shall be construed to limit or preempt the application of

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any governmental laws, ordinances, resolutions, or regulations to the district or the services or facilities provided therein.
Section 10. Board, district powers, (a) Each district and its board created pursuant hereto shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions hereof, including, without limiting the generality of the foregoing, the power:
(1) To bring and defend actions;
(2) To adopt and amend a corporate seal;
(3) To make and execute contracts, agreements, and other instruments necessary or convenient to exercise the powers of the board or to further the public purposes for which the district is created, including, but not limited to, contracts for construction of projects, leases of projects, contracts for sale of projects, agreements for loans to finance projects, and contracts with respect to the use of projects;
(4) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character, or any interest therein, in furtherance of the public purposes of the district;
(5) To finance (by loan, grant, lease, or otherwise), construct, erect, assemble, purchase, acquire, own, repair, remodel, renovate, rehabilitate, modify, maintain, extend, improve, in stall, sell, equip, expand, add to, operate, or manage projects and to pay the cost of any project from the proceeds of bonds, notes, or other obligations of the district or any other funds of the district, or from any contributions or loans by persons, corporations, partner ships (whether limited or general), or other entities, all of which the board is authorized to receive, accept, and use;
(6) To borrow money to further or carry out its public purposes and to execute bonds, notes, other obligations, leases, trust indentures, trust agreements, agreements for the sale of its bonds, notes, or other obligations, loan agreements, security agreements, assignments, and such other agreements or instruments as may be necessary or desirable, in the judgment of the board, to evidence and to provide security for such borrowing;
(7) To issue bonds, notes, or other obligations of the district and use the proceeds thereof for the purpose of paying all or any part of the cost of any project and otherwise to further or carry out the public purposes of the district and to pay all costs of the board incidental to, or necessary and appropriate to, furthering or carrying out such purposes;
(8) To make application directly or indirectly to any federal, state, county, or municipal government or agency or to any other source, whether public or private, for loans, grants, guarantees, or other financial assistance in furtherance of the district's public purposes and to accept and use the same upon such terms and conditions as are prescribed by such fed eral, state, county, or municipal government or agency or other source;
(9) To enter into agreements with the federal government or any agency thereof to use the facilities or services of the federal government or any agency thereof in order to further or carry out the public purposes of the district;
(10) To contract for any period, not exceeding 50 years, with the State of Georgia, state institutions, or a municipal corporation, county, or political subdivision of this state for the use by the district of any facilities or services of the state or any such state institution, municipal corporation, county, or political subdivision of this state, or for the use by any state institution or any municipal corporation, county, or political subdivision of the state of any facilities or services of the district, provided that such contracts shall deal with such activities and transactions as the district and any such political subdivision with which the district contracts are authorized by law to undertake;
(11) To receive and use the proceeds of any tax levied by any county or any municipal corporation to pay the costs of any project or for any other purpose for which the board may use its own funds pursuant hereto;

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(12) To receive and administer gifts, grants, and devises of money and property of any kind and to administer trusts;
(13) To use any real property, personal property, or fixtures or any interest therein or to rent or lease such property to or from others or make contracts with respect to the use thereof or to sell, lease, exchange, transfer, assign, pledge, or otherwise dispose of or grant options for any such property in any manner as it deems to be to the best advantage of the district and the public purposes thereof;
(14) To appoint, select, and employ engineers, surveyors, architects, urban or city plan ners, fiscal agents, attorneys, and others and to fix their compensation and pay their expenses;
(15) To encourage and promote the improvement and development of the district and to make, contract for, or otherwise cause to be made long-range plans or proposals for the district in cooperation with Fulton County;
(16) To adopt bylaws governing the conduct of business by the board, the election and duties of officers of the board, and other matters which the board determines to deal with in its bylaws;
(17) To exercise any power granted by the laws of this state to public or private corpo rations which is not in conflict with the public purposes of the district; and
(18) To do all things necessary or convenient to carry out the powers conferred hereby.
(b) The powers enumerated in each paragraph of this section are cumulative of and in addition to those powers enumerated herein and elsewhere in this Act; and no such power limits or restricts any other power of the board.
Section 11. Bonds -- generally, (a) Notes or other obligations issued by a district, other than general obligation bonds, shall be paid solely from the property pledged to pay such notes or other obligations. General obligation bonds issued by any district shall constitute a general obligation of the district to the repayment of which the full faith, credit, and taxing power of the district shall be pledged.
(b) All bonds, notes, and other obligations of any district shall be authorized by resolu tion of its board.
(c) Bonds, notes, or other obligations shall bear such date or dates, shall mature at such time or times (not more than 40 years from their respective dates), shall bear interest at such rate or rates (which may be fixed or may fluctuate or otherwise change from time to time), shall be subject to redemption on such terms, and shall contain such other terms, provisions, covenants, assignments, and conditions as the resolution authorizing the issuance of such bonds, notes, or other obligations may permit or provide. The terms, provisions, covenants, assignments, and conditions contained in or provided or permitted by any resolu tion of the board authorizing the issuance of such bonds, notes, or other obligations shall bind the board members of the district then in office and their successors.
(d) The board shall have power from time to time and whenever it deems it expedient to refund any bonds by the issuance of new bonds, whether or not the bonds to be refunded have matured, and may issue bonds partly to refund bonds then outstanding and partly for any other purpose permitted hereunder. The refunding bonds may be exchanged for the bonds to be refunded, with such cash adjustments as may be agreed upon, or may be sold and the proceeds applied to the purchase or redemption of the bonds to be refunded.
(e) There shall be no limitation upon the interest rates of any maximum interest rate or rates on any bonds, notes, or other obligations of the district; and the usury laws of this state shall not apply to bonds, notes, or other obligations of these districts.
(f) Bonds issued by a district may be in such form, either coupon or fully registered, or both coupon and fully registered, and may be subject to such exchangeability and transferability provisions as the bond resolution authorizing the issuance of such bonds or any inden ture or trust agreement may provide.

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(g) Bonds shall bear a certificate of validation. The signature of the clerk of the Supe rior Court of Fulton County may be made on the certificate of validation of such bonds by facsimile or by manual execution, stating the date on which such bonds were validated; and such entry shall be original evidence in any court in this state.
(h) In lieu of specifying the rate or rates of interest which such bonds are to bear, and the principal amount and maturities of such said bonds, the notice to the district attorney or the Attorney General, the notice to the public of the time, place, and date of the valida tion hearing, and the petition and complaint for validation may state that the bonds when issued will bear interest at a rate not exceeding a maximum per annum rate of interest (which may be fixed or may fluctuate or otherwise change from time to time) and that the principal amount will not exceed and the final maturity date will not be later than as speci fied in such notices and petition and complaint or may state that, in the event the bonds are to bear different rates of interest for different maturity dates, none of such rates will exceed the maximum rate (which may be fixed or may fluctuate or otherwise change from time to time) so specified; provided, however, that nothing in this section shall be construed as prohibiting or restricting the right of a board to sell such bonds at a discount, even if in doing so the effective interest cost resulting therefrom would exceed the maximum per an num interest rate specified in such notices and in the petition and complaint.
(i) The terms "cost of the project" and "cost of any project" shall have the meaning prescribed herein whenever those terms are referred to in bond resolutions of a board, in bonds, notes, or other obligations of the districts, or in notices of proceedings to validate such bonds, notes, or other obligations of a district.
Section 12. Authorized contents of agreements and instruments of the board generally; use of proceeds of sale of bonds, notes, etc.; subsequent issues of bonds, notes, etc. (a) Sub ject to the limitations and procedures provided by this section and by the immediately pre ceding section, the agreements or instruments executed by a board may contain such provi sions not inconsistent with law as shall be determined by such board.
(b) The proceeds derived from the sale of all bonds, notes, and other obligations issued by a district shall be held and used for the ultimate purpose of paying, directly or indirectly as permitted herein, all or part of the cost of any project, or for the purpose of refunding any bonds, notes, or other obligations issued in accordance hereunder.
(c) Issuance by a board of one or more series of bonds, notes, or other obligations for one or more purposes shall not preclude it from issuing other bonds, notes, or other obliga tions in connection with the same project or with any other project; but the proceeding wherein any subsequent bonds, notes, or other obligations are issued shall recognize and protect any prior loan agreement, security agreement, or other agreement or instrument made for any prior issue of bonds, notes, or other obligations, unless in the resolution au thorizing such prior issue the right is expressly reserved to the board to issue subsequent bonds, notes, or other obligations on a parity with such prior issue.
Section 13. Construction; applicability of Chapter 5 of Title 10 of the O.C.G.A., the "Georgia Securities Act of 1973"; notice, proceeding, publication, referendum. This Act shall be liberally construed to effect the purposes hereof. The offer, sale, or issuance of bonds, notes, or other obligations by a district shall not be subject to regulation under Chapter 5 of Title 10 of the O.C.G.A., the "Georgia Securities Act of 1973." No notice, proceeding, or publication except those required hereby shall be necessary to the performance of any act authorized hereby, nor shall any such act be subject to referendum.
Section 14. Dissolution, (a) Any district activated under the provisions of this Act may be dissolved. The conditions for such dissolution shall be:
(1) The adoption of a resolution approving of the dissolution of each community im provement district by the Fulton County Board of Commissioners; and
(2) The written consent to the dissolution of the community improvement district by:

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(A) Two-thirds (67 percent) of the owners of real property within the district which are subject to taxes, fees, and assessments levied by the board of the district;
(B) The owners of real property constituting at least 75 percent by value of all real property within the district which are to be subject to taxes, fees, and assessments levied by the board and for this purpose value shall be determined by the most recent approved county ad valorem tax digest; and
(C) The written consent provided for above shall be submitted to the Fulton County tax commissioner, who shall certify whether subparagraphs (A) and (B) of this paragraph have been satisfied with respect to each proposed district dissolution.
(b) In the event that successful action is taken pursuant to this section to dissolve the district, the dissolution shall become effective at such time as all debt obligations of the district have been satisfied. Following a successful dissolution action and until the dissolu tion becomes effective no new projects may be undertaken, obligations or debts incurred, or property acquired.
(c) When a dissolution becomes effective, the county governing authority shall take title to all property previously in the ownership of the district and all taxes, fees, and assess ments of the district shall cease to be levied and collected.
(d) A district may be reactivated in the same manner as an original activation.
Section 15. Repealer. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 43, nays 0, and the substitute was adopted.
*HB 1005:
The Senate Committee on Urban and County Affairs offered the following substitute to HB 1005:
A BILL
To be entitled an Act 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; to provide for a chairman of the board; to provide for filling vacan cies; to provide for oaths; to provide for bonds; to provide for the compensation of the chair man and members of the board; to provide for meetings of the board; to provide for the powers, duties, and responsibilities of the board; to provide reports on financial affairs; to provide for county employees and for certain appointments; to provide for the internal or ganization of the county government; to provide for budgeting and auditing; to provide for the expenditure of county funds; to provide for other matters relative to the foregoing; to provide for a referendum; to provide effective dates; to repeal specific Acts; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. The Board of Commissioners of Cherokee County, hereinafter referred to in this Act as "the board," is created as the governing authority of Cherokee County. The members of the board shall be elected and organized as provided in this Act, and the board shall exercise the powers, duties, and responsibilities vested in and imposed upon the board by this Act.
Section 2. (a) The board shall consist of three members. For the purpose of electing the members, Cherokee County is divided into three commissioner districts as follows:
Commissioner District No. 1
All the territory within the boundaries of Cherokee County

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Commissioner District No. 2
Cherokee Tract 901 Block Group 1 Blocks 201 through 240 and 242 through 258 Tract 902 Block 122 Block 201 Tract 905 Blocks 101 through 147 That part of Block 148 north of the Etowah River Blocks 149 through 151 Block Groups 2 and 3 Tract 908 Block Group 1 Blocks 201 through 210 and 215 through 230 Blocks 301 through 314 Tract 909 Tract 910 Blocks 101 through 104, 111 through 122, 126, and 127
Commissioner District No. 3
Cherokee Tract 901 Block 241 Tract 902 Blocks 101 through 121, 139, 140, 143, and 144 Blocks 202 through 233 Block Group 3 Tracts 903 and 904 Tract 905 That part of Block 148 south of the Etowah River Tracts 906 and 907 Tract 908 Blocks 211 through 214 Blocks 315 through 318 Tract 910 Blocks 105 through 110 and 123 through 125 Tract 911
(b) The terms "Tract" and "Block" shall mean and shall describe the same geographi cal boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1980 for the State of Georgia.
(c) Any part of Cherokee County which is not included in any commissioner district described in subsection (a) of this section shall be included within that commissioner dis trict contiguous to such part which contains the least population according to the United States decennial census of 1980 for the State of Georgia and Cherokee County.
Section 3. (a) One member of the board shall be elected from each of the commissioner districts provided for by Section 2 of this Act. The chairman of the board shall be the member elected from Commissioner District No. 1. Each candidate for election as a member of the board shall specify the commissioner district for which the candidate is offering. Each member of the board shall have been a resident of the member's respective commissioner district for at least one year prior to the date of taking office as a member of the board and must remain a resident of the respective district during the term to which elected. All mem-

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bers of the board shall be citizens of Cherokee County who are at least 21 years of age on the date of taking office as members of the board.
(b) The board members shall be elected by a majority vote of the registered voters of Cherokee County.
Section 4. (a) The chairman of the board from Commissioner District No. 1 shall be elected at the general election of 1986 and shall take office on the first day of January, 1987, for a term of four years and until a successor is elected and qualified. The first members of the board from Commissioner Districts No. 2 and 3 shall be elected at the general election of 1986 and shall take office on the first day of January, 1987, for terms of two years and until their successors are elected and qualified. Thereafter, successors shall be elected at the general election immediately preceding the expiration of the terms of office and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified.
(b) All members of the board shall be nominated and elected in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., known as the "Georgia Election Code."
Section 5. The chairman of the board shall preside at meetings of the board and shall have such other and additional powers, duties, and responsibilities as provided by law or as the board by ordinance or resolution may delegate to the chairman.
Section 6. (a) In the event a vacancy occurs in the membership of the board by death, resignation, removal from the commissioner district from which elected, or for any other cause and the unexpired term of office is six months or less, the remaining members of the board shall appoint by majority vote a qualified resident of the commissioner district wherein the vacancy occurred to fill such vacancy for the unexpired term of office. If the members of the board fail to make the appointment within 15 days of the date the vacancy occurred, then the grand jury of the county shall appoint a qualified resident of the commis sioner district wherein the vacancy occurred to fill such vacancy for the unexpired term of office.
(b) If a vacancy occurs when the unexpired term is more than six months, it shall be the duty of the election superintendent of Cherokee County, within ten days after the date of the vacancy, to issue the call for a special election to elect a qualified person to fill such vacancy for the unexpired term. Such special election shall be held within the commissioner district wherein the vacancy occurred. Any person elected to fill such vacancy shall have the qualifications for membership on the board. Any such special election to fill a vacancy shall be called and held 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 7. Before entering upon the discharge of duties, each member of the board shall subscribe to an oath before the judge of the Probate Court of Cherokee County for the true and faithful performance of his or her duties and that he or she is not the holder of any unaccounted for public funds.
Section 8. Each member of the board shall give a satisfactory surety bond approved by the judge of the probate court and payable to said officer and filed in the office of the judge of the probate court in the sum of $25,000.00, conditioned upon the faithful performance of the duties of the member's office. The costs of such bonds shall be paid from the funds of Cherokee County.
Section 9. (a) Each member of the board, other than the chairman, shall receive an annual salary of $8,400.00, payable in monthly installments. The chairman of the board shall receive an annual salary of $40,000.00, payable in equal monthly installments. Such compensation shall be paid from the funds of Cherokee County.
(b) In accordance with an ordinance or resolution duly adopted by the board governing expenses of the members of the board and reimbursement of such expenses, each member of the board may be reimbursed from county funds for all actual and necessary expenses in curred in the performance of official duties of office.
Section 10. At the first regular meeting in January of each year, the board shall provide

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by resolution for regular bimonthly meetings of the board. In addition to its regular meet ings, the board may meet at any time on the call of the chairman or on the call of any two members of the board. Two members of the board shall constitute a quorum for the transac tion of business but official action may be taken only by the affirmative vote of at least two members of the board.
Section 11. The board shall have the power to fix and establish, by appropriate resolu tion or ordinance duly adopted by the board, policies, rules, and regulations governing all matters within its jurisdiction as the governing authority of the county. The board may exercise the powers and shall be subject to the duties and responsibilities now or hereafter provided by the Constitution and general laws of this state relative to county governing authorities. Without limiting the generality of the foregoing, the following specific powers are vested in the board:
(1) To levy taxes;
(2) To make appropriations;
(3) To fix rates and charges for services provided by the county;
(4) To authorize the incurring of indebtedness;
(5) To order work done where the cost is to be assessed against benefited property and to fix the basis for such assessment;
(6) To authorize and enter into contracts;
(7) To establish, alter, open, close, build, repair, or abolish public roads, private ways, bridges, and ferries, according to law;
(8) To establish, abolish, or change election precincts and militia districts according to law;
(9) To allow the insolvent lists for the county;
(10) To accept for the county the provisions of any optional statute where the statute permits its acceptance by the governing authority of the county;
(11) To create and change the boundaries of special taxing districts as authorized by law;
(12) To fix the bonds of county officers where same are not fixed by statute;
(13) To enact any ordinances, resolutions, or other legislation the county may be given authority to enact;
(14) To determine the priority of capital improvements;
(15) To call bond elections; and
(16) To exercise all of the power and authority heretofore vested by law in the judge of probate court when sitting for county purposes and delegated by law to the board of com missioners of Cherokee County, together with all power and authority which may hereafter be delegated by law to the governing authority of the county, by whatever name designated.
Section 12. The board is authorized to require all department heads to report on the general or specific conduct of the financial affairs of their respective offices. This section shall not apply to the departments of the elected county officers listed in Article IX, Section I, Paragraph III of the Constitution.
Section 13. (a) The board shall have the exclusive power and authority to appoint, re move, and fix the compensation of all employees of the county except the employees of the board of education of Cherokee County and the employees of the elected county officers listed in Article IX, Section I, Paragraph III of the Constitution. In addition, the board shall have the specific authority to hire a chief office administrator and to fix the salary of the chief office administrator.
(b) The appointment and removal of, and the compensation to be paid to, persons fill-

MONDAY, MARCH 3, 1986

1571

ing offices and positions created by state statute, where not otherwise prescribed by such statute, shall be made and fixed by the board.
Section 14. (a) The internal organization of the county government, including its vari ous departments and administrative agencies, shall be as prescribed by ordinance or resolu tion of the board.
(b) The ordinances and resolutions of Cherokee County and the organization of the Cherokee County government in effect on December 31, 1986, shall continue in full force and effect until such time as the board created by this Act exercises its authority to repeal or modify such ordinances or resolutions or to change the internal organization of the county government.
Section 15. The board shall comply with the budgeting and auditing procedures and requirements set forth in Chapter 81 of Title 36 of the O.C.G.A., relative to budgets and audits of local governments.
Section 16. The expenditure of county funds shall be made in accordance with the county budget or amendments thereto adopted by the board. The board shall enforce com pliance with this requirement by all departments of county government, including the de partments of the elected county officers, and to this end, the board, by ordinance or resolu tion, shall institute a system to control county purchasing and to account for the expenditure of all funds budgeted and appropriated by the board.
Section 17. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Cherokee County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Cherokee County for approval or rejection. The election superintendent shall conduct that election on May 6, 1986, and shall issue the call therefor not less than 30 nor more than 45 days prior to that date. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Cherokee County. The ballot shall have written or printed thereon the words:

"[ ] YES [ ] NO

Shall the Act which provides a board of commissioners for Cherokee County, consisting of a chairman and two members representing commissioner districts, elected by the voters of the entire county be approved?"

All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, the provisions of the Act necessary for the election in 1986 of the members of the board of commissioners shall be effective upon the certification of the results of the referendum, and this Act shall become effective for all purposes on January 1, 1987. 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 Cherokee County. It shall be the super intendent's duty to certify the result thereof to the Secretary of State.
Section 18. If this Act is approved at the referendum provided for by Section 17, effec tive on January 1, 1987, an Act creating the office of Commissioner of Cherokee County, approved August 9, 1915 (Ga. L. 1915, p. 177), and all amendatory Acts thereof shall stand repealed in their entirety.
Section 19. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 43, nays 0, and the substitute to HB 1005 was adopted.

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*HB 1590:
The Senate Committee on Urban and County Affairs offered the following substitute to HB 1590:
A BILL
To be entitled an Act to amend an Act providing a charter for the City of Augusta, approved January 31, 1798 (Marbury's Digest, p. 136), as amended, particularly by an Act approved February 8, 1955 (Ga. L. 1955, p. 2120), and an Act approved April 11, 1979 (Ga. L. 1979, p. 4060), so as to change terms and abolish certain offices on the city council; to provide for continuation in office of certain remaining members of council and provide for the election and terms of all successors thereafter; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing a charter for the City of Augusta, approved January 31, 1798 (Marbury's Digest, p. 136), as amended, particularly by an Act approved February 8, 1955 (Ga. L. 1955, p. 2120), and an Act approved April 11, 1979 (Ga. L. 1979, p. 4060), is amended by designating as subparagraph (a) of paragraph (6) the following unnumbered paragraph of Section 1 of the amendatory Act of 1955:
"When elections shall be held. The city election shall be conducted on a day fixed by the mayor and council which falls between the fifth and thirtieth of October of each year. The mayor and council may change the date of the election from time to time by ordinance. The mayor shall be elected every third year beginning in 1957 by the voters of the city. The members of the council, of whom there are two for each ward, shall be elected, one from each ward, beginning in 1955 and continuing thereafter excepting the years of general elec tion for mayor, for the term of three years each by the qualified registered voters of the City of Augusta at large and not by the voters of the respective wards.",
and by adding at the end of that paragraph new subparagraphs (b), (c), (d), (e), and (f) to read as follows:
"(b) Those four members of the city council from Wards 2, 4, 5, and 7 who were elected at the city general election in 1983 shall serve out their terms of office, which expire the first Monday of January, 1987, and until their respective successors are elected at the city gen eral election in 1986 and are qualified. Those successors shall take office the first day of January, 1987, to serve for terms of office ending the first Monday in January, 1989, at which time those four offices shall be abolished and no person shall be elected at the city general election in 1988 or any year thereafter to any such abolished office.
(c) Those four members of the city council from Wards 1, 3, 6, and 8 who were elected at the city general election in 1983 shall serve out their terms of office, which expire the first Monday in January, 1987, and until their respective successors are elected at the city gen eral election in 1986 and are qualified. Those successors shall take office the first Monday of January, 1987, to serve for a term of three years and until their respective successors are elected and qualified. Thereafter, successors to such members of the city council from Wards 1, 3, 6, and 8 whose terms are to expire shall be elected at the city general election immediately preceding the expiration of those terms and shall take office the first Monday of January immediately following that election to serve for terms of three years each and until their respective successors are elected and qualified.
(d) Those four members of the city council from Wards 1, 3, 6, and 8 who were elected at the city general election in 1985 shall serve out their terms of office, which expire the first Monday in January, 1989, at which time those four offices shall be abolished and no person shall be elected at the city general election in 1988 or any year thereafter to any such abol ished office.
(e) Those four members of the city council from Wards 2, 4, 5, and 7 who were elected at the city general election in 1985 shall serve out their terms of office, which expire the first Monday in January, 1989, and until their respective successors are elected at the city gen eral election in 1988 and are qualified. Those successors shall take office the first Monday of January, 1989, to serve for a term of three years each and until their respective successors

MONDAY, MARCH 3, 1986

1573

are elected and qualified. Thereafter, successors to such members of the city council from Wards 2, 4, 5, and 7 whose terms are to expire shall be elected at the city general election immediately preceding the expiration of those terms and shall take office the first day of January immediately following that election to serve for terms of three years each and until their respective successors are elected and qualified.
(f) Notwithstanding subparagraph (a) of this section or any other provision of the char ter of the City of Augusta, on and after January 1, 1989, the city council shall consist of eight members, with one member elected from each ward."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 43, nays 0, and the substitute was adopted.
*HB 1607:
The Senate Committee on Urban and County Affairs offered the following substitute to HB 1607:
A BILL
To be entitled an Act to grant exemptions from Henry County School District ad valorem taxation to certain elderly and disabled residents of Henry County; to provide the amount of and qualifications for said exemptions; to supersede and repeal that constitu tional amendment relating to homestead exemptions from Henry County School District taxes which is set out at Ga. L. 1982, p. 2515; to provide for all matters related to the foregoing; to provide for a special election for the purpose of approval or disapproval of the foregoing by the voters of the Henry County School District; 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 Henry County who is totally disabled or 62 years of age or older and who received less than $15,000.00 of income during the preceding calendar year shall be entirely exempt from Henry County School District taxa tion. The homestead of each other resident of Henry County who is totally disabled or 62 years of age or older shall be exempt from Henry County School District taxation in the amount of 50 percent of the assessed value of the homestead.
(b) For purposes of this Act the income of a person shall include the net taxable income of the person for Georgia income tax purposes plus the net taxable income for Georgia in come tax purposes of each member of the person's family who resides in the homestead.
(c) For purposes of this Act a person is totally disabled if the person has a medically demonstrable condition which renders the person wholly and permanently unable to pursue any gainful employment. The tax officials of Henry County shall require appropriate proof of such disability, including if necessary the affidavits of not more than two licensed physi cians as to the person's disability.
(d) The exemptions granted by this Act shall apply only to ad valorem taxes levied for the support of the Henry County School District, including taxes levied to retire bonded indebtedness of the school district.
(e) The exemptions granted by this Act shall apply to taxes for the year 1988 and fu ture years.
(f) The exemptions granted by this Act shall be in lieu of and not in addition to any other exemption from ad valorem taxes levied for the support of the Henry County School District. Without limiting the generality of the foregoing, it is specifically provided that the provisions of this Act shall as of January 1, 1988, supersede and repeal the provisions of that constitutional amendment relating to exemptions from Henry County School District ad

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valorem taxes for certain disabled and elderly citizens of Henry County, which constitu tional amendment is set out at Ga. L. 1982, p. 2515.

(g) The exemptions granted by this Act shall be administered and granted in the same manner as the exemption granted pursuant to Code Section 48-5-52; and except as expressly provided otherwise in this Act all provisions of general state law which apply to said exemp tion shall apply to the exemptions granted by this Act.

Section 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Henry County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Henry County for ap proval or rejection. The election superintendent shall conduct that election on the date of the November, 1986, general election and shall issue the call therefor not less than 30 days prior to that date. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Henry County. The ballot shall have written or printed thereon the words:

"[ ] YES [ ] NO

Shall the Act be approved which: (1) provides that the homestead of each resident of Henry County who is totally disabled or 62 years of age or older and who has less than $15,000.00 per year of specified income shall be en tirely exempt from Henry County School District taxation; (2) provides that the homestead of each other resident of Henry County who is totally dis abled or 62 years of age or older shall be exempt from Henry County School District taxation in the amount of 50 percent of the assessed value of the homestead; and (3) supersedes and repeals prior exemptions from Henry County School District ad valorem taxes for the elderly and disabled?"

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, Section 1 of this Act shall not become effective and this Act shall be automati cally repealed on the first day of January immediately following that election date.

The expense of such election shall be borne by Henry County. It shall be the superin tendent's duty to certify the result thereof to the Secretary of State.

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

On the adoption of the substitute, the yeas were 43, nays 0, and the substitute was adopted.

*HB 1722:

The Senate Committee on Urban and County Affairs offered the following substitute to HB 1722:

A BILL
To be entitled an Act 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, approved March 27, 1985 (Ga. L. 1985, p. 4140), so as to provide for an additional homestead exemp tion 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; to provide for a referendum; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing an additional $2,000.00 homestead exemption from City of Decatur ad valorem taxes for certain residents of said city, approved March 27, 1985 (Ga. L. 1985, p. 4140), is amended by adding between Sections 2 and 3 a new Section 2A to read as follows:

MONDAY, MARCH 3, 1986

1575

"Section 2A. In addition to any other homestead exemption applicable to City of Deca tur ad valorem taxes, including the homestead exemption provided for by Section 2 of this Act, each resident of said city who is 65 years of age or over is granted an exemption on that person's homestead from City of Decatur ad valorem taxes, except ad valorem taxes for the independent school system of said city, in the amount of $1,000.00. The additional exemp tion granted by this section shall be claimed, administered, and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., but the governing authority of the City of Decatur may grant the exemption authorized by this section without further application to any resi dent of the City of Decatur who qualifies therefor as shown on the previously existing tax records of the City of Decatur. The additional homestead exemption granted by this section shall apply to all taxable years beginning after December 31, 1986."

Section 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Decatur shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Decatur for approval or rejection. The election superintendent shall conduct that election on Decem ber 3, 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 of the election to be pub lished once a week for two weeks immediately preceding the date thereof in the official organ of DeKalb County. The ballot shall have written or printed thereon the words:

"[ ] YES [ ] NO

Shall the act providing 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 be approved?"

All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, but otherwise it shall be void and of no force and effect and shall be automatically repealed upon the date the election results are certified under this section.

The expense of such election shall be borne by the City of Decatur. It shall be the superintendent's duty to certify the result thereof to the Secretary of State.

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

On the adoption of the substitute, the yeas were 43, nays 0, and the substitute was adopted.

*HB 1816:

The Senate Committee on Urban and County Affairs offered the following substitute to HB 1816:

A BILL
To be entitled an Act to amend an Act known as the "Macon-Bibb County Transit Authority Act of 1980," approved March 26, 1980 (Ga. L. 1980, p. 4313), as amended, so as to permit board members to participate in and to be covered by any contract for group medical or hospitalization insurance plans otherwise provided by the authority for its direc tor, its officers, and its employees; to provide for payment of coverages; to provide for immu nity of board members; to provide exceptions in limited instances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act known as the "Macon-Bibb County Transit Authority Act of 1980," approved March 26, 1980 (Ga. L. 1980, p. 4313), as amended, is amended by striking in its entirety subsection (d) of Section 2.4 and inserting in its place a new subsection (d) to read as follows:

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"(d) Members of the board shall serve without remuneration but shall be entitled:
(1) To reimbursement for actual expenses incurred on authority business, provided that such expenses have been authorized in advance of their being incurred; and
(2) To participate in and be covered by any contract for group medical or hospitalization insurance plans otherwise provided by the authority for its director, its officers, and its employees pursuant to paragraph (5) of subsection (a) of Section 3.1."
Section 2. Said Act is further amended by striking in its entirety paragraph (5) of sub section (a) of Section 3.1 and inserting in its place a new paragraph (5) to read as follows:
"(5) To appoint, select, and employ officers, agents, and employees, including engineer ing, architectural, and construction experts, fiscal agents, and attorneys; to fix or to provide for their respective compensation; and to provide for pension and retirement plans for these officers, agents, and employees including, but not limited to, the transfer to the authority and maintenance of a pension or retirement plan identical or similar to that heretofore in existence for the officers and employees of the Macon Transit System of the City of Macon; and to provide for or contract for group life, medical, and hospitalization insurance plans for said officers and employees and, except for members of the board of the authority, to pay the costs thereof either in whole or in part. To be a self-insurer as to workers' compensation claims without being required to comply with the provisions of Code Section 34-9-121 of the O.C.G.A., which relates to self-insurers and the posting of security indemnity or bonds."
Section 3. Said Act is further amended by striking in its entirety paragraph (7) of sub section (a) of Section 3.1 and inserting in its place a new paragraph (7) to read as follows:
"(7) To sue and to be sued in its corporate name in such actions as are permitted by law. The authority board members shall be immune from suits as to those actions for the recovery of damages; however, such immunity shall be waived as to those actions for the recovery of damages for any claim for which liability insurance protection for such claim has been provided, but only to the extent of the amount of any such liability insurance."
Section 4. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 43, nays 0, and the substitute was adopted.
*HB 1919:
The Senate Committee on Urban and County Affairs offered the following amendment:
Amend HB 1919 by striking on line 12 of Page 1 the following:
"wherever it appears",
and inserting in lieu thereof the following:
"where it first appears".
By striking on line 14 of Page 1 the following:
"in each such place".
By striking on line 22 of Page 1 the following:
"$3,600.00",
and inserting in lieu thereof the following:
"$2,400.00".
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 bills as re ported, was agreed to.

MONDAY, MARCH 3, 1986

1577

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 f?owen Brantle" Broun "of 46th Brown of 47th Bryant Burton Cobb Coleman Coverdell

Deal Dean Fincher Foster
Garner Gillis Ha"is "arrison Hlne Holloway Horton Hudgins Kennedy Kidd

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

Those not voting were Senators:

Barker Dawkins English Engram Greene

Howard Huggins Land Phillips

Ray Starr Stumbaugh Timmons

On the passage of all the local bills, the yeas were 43, nays 0.

All the bills on the Senate Local Consent Calendar, except SB 601, HB 1005, HB 1590, HB 1607, HB 1722, HB 1816 and HB 1919, having received the requisite constitutional majority, were passed.

SB 601, HB 1005, HB 1590, HB 1607, HB 1722 and HB 1816, having received the requi site constitutional majority, were passed by substitute.

HB 1919, having received the requisite constitutional majority, was passed as amended.

SENATE RULES CALENDAR
Monday, March 3, 1986
THIRTY-EIGHTH LEGISLATIVE DAY
HB 1225 Child-Care Licenses--provide for restriction under certain conditions (AMEND MENT) (C&Y--2nd)
HB 1784 Banking and Finance--transfer of fiduciary responsibility by certain banks (B&F--15th)
HB 1952 Agency for Removal of Hazardous Materials--create (App--31st) HB 1953 Removal of Asbestos--insuring of officers of state (SUBSTITUTE) (App--31st) HB 1300 Appropriations--fiscal year 7/1/86--6/30/87 (SUBSTITUTE) (App--12th) HB 1321 Emission Inspection Stations--may charge fee between $5.00 and $10.00 (SUB
STITUTE) (Trans--27th) HB 1074 Voter Registration--no loss or gain of residence by certain presence or absence
(Gov Op--25th)

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HB 1751 Counties with Jails--superior court judge conduct habeas corpus at correctional institution (Judy--30th)
HB 1696 Superior Court Judge--reimbursement for judicial education expenses (SUBSTI TUTE) (J&CL--26th)
HB 1334 Anatomical Gifts--require hospitals to request (AMENDMENT) (Hum R--25th)
HR 662 Public Authority Using Public Revenues--prohibit creation by local Act (SUB STITUTE) (J&CL--48th)
HB 1687 Level II Dental Hygienists--licensing (Hum R--44th)
HB 1471 Sovereign Immunity of Municipalities--policy of State to preserve (AMEND MENT) (Judy--49th)
HB 1477 Municipal Court Services--counties furnish through magistrate court personnel (Judy--49th)
HB 1348 Public Officials, Employees--change mileage allowance (App--31st)
HB 1476 Municipal Court--each municipal corporation establish (SUBSTITUTE) (J&CL--46th)
HB 1367 Traffic Cases--appeals of conviction by writ of certiorari (SUBSTITUTE) (J&CL--33rd)
HB 1460 Cemeteries--definition of burial merchandise (AMENDMENT) (Gov Op--30th)
HB 1109 Safety Offenses--include stun guns, tasers in firearm definition (SUBSTITUTE) (Pub Saf--28th)
HB 1433 Criminal Trespass by Motor Vehicle--provisions (SUBSTITUTES) (Pub Saf--28th)
HB 1384 Georgia State's 75th Anniversary--special license plate to commemorate (SUB STITUTE) (Gov Op--25th)
HB 1257 Trucks--unlawful to alter suspension system more than two inches from factory recommendation (SUBSTITUTE) (Trans-lst)
HB 1556 Farmers' Mutual Fire Insurance--increase limits (Ins--34th)
HB 1287 Public Official Suspended from Office--no compensation after felony conviction (AMENDMENT) (Gov Op--33rd)
HB 1469 Special Purpose County Sales Tax--for water, sewer capital outlay projects (B&F--15th)
HR 505 Suspension of Certain Public Officials--on indictment for certain felonies (Gov Op--33rd)
HR 506 Judge Convicted of Felony--no compensation while suspended (Gov Op--33rd)
HB 328 County, Independent School Superintendents--qualifications (AMENDMENT) (Ed--50th)
HB 1712 Proposed Transportation Facility--hearings (Trans--1st)
HB 1713 State Tollway Authority--determining if project self-liquidating (Trans--1st)
HR 794 Carroll County Government Authority Study Commission--create (Rules--12th)
HB 1455 Theft Offenses Involving Firearms--punishments (Judy--49th)
HB 1366 Assistant Administrative Floor Leaders of House--additional compensation (Gov Op--25th)
HR 517 Constitutional Convention--applying to Congress to call (Gov Op--25th)
HB 1835 Actions Involving Lake Lanier Islands Authority--in Hall County Superior Court (Judy--49th)

MONDAY, MARCH 3, 1986

1579

HB 1658 Property Tax Exemption--certain tangible personal property, value not over $1,000.00 (Gov Op--15th)
HB 216 Dependent Care Assistance--provisions for no income tax deduction (B&F--15th)
HB 1526 Emergency Medical Services--liability insurance provisions first responders not transporting (Hum R--42nd)
HB 1296 Corporations--retention periods for corporate documents filed with Secretary of State (SUBSTITUTE) (J&CL--33rd)
HR 585 Brantley County--conveyance of certain state owned property (AMENDMENT) (Pub U--6th)
HB 1986 Veterinarian Records--not open to public inspection (Ag--8th) HB 1421 Department of Human Resources--receive conviction data for records check of
applicant (Hum R--52nd) HB 1757 County Boards of Health--change provision on chief executive officer of largest
city being member (U&CA-G--43rd) HB 1283 Performance of Notarial Acts--change requirements (SUBSTITUTE)
(J&CL--48th) HB 1839 Housing Authorities--redefine "eligible housing unit" (U&CA-G--33rd) HB 1191 State Boxing Commission--repeal certain provisions (SUBSTITUTE) (Gov
Op--20th)
Respectfully submitted, /s/ Holloway of the 12th, Chairman
Senate Rules Committee
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 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.
The Speaker has appointed on the part of the House, Representatives Chambless of the 133rd, Childers of the 15th and Parham of the 105th.
The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:
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.
Senate Sponsor: Senator Scott of the 2nd.

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JOURNAL OF THE SENATE

The Senate Committee on Children and Youth offered the following amendment:
Amend HB 1225 by inserting on line 7 of Page 10 between "chapter" and the semicolon the following:
"thereby subjecting a child in care to injury or a life-threatening situation".
On the adoption of the amendment, the yeas were 43, nays 1, and the amendment was adopted.
Senators Garner of the 30th and Kidd of the 25th offered the following amendment: Amend HB 1225 by striking on line 13, Page 10, after the word "exceed" "$1,000.00." and inserting in lieu thereof "$500.00." On the adoption of the amendment, the yeas were 42, nays 4, and the amendment was adopted.
Senator Kidd of the 25th offered the following amendment: Amend HB 1225 by adding in the title on line 13 of Page 1, following the semicolon and preceding the words "to provide", the following: "to provide a certain exception;". By striking on line 22 of Page 1 the word "and" and inserting in lieu thereof the following:

By adding on line 23 between the Code section designation "49-5-12.1" and the word "to" the following:
", and Code Section 49-5-12.2".
By removing the quotation marks at the end of line 24 of Page 11.
By adding between lines 24 and 25 on Page 11 the following: "49-5-12.2. The provisions of Code Sections 49-5-12 and 49-5-12.1 shall not apply to any nonprofit religious establishment which does not receive federal, state, or local government funds.'"

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 Barnes Brannon Brown of 47th Burton Deal Fincher

Greene Harrison Howard Hudgins Huggins Kidd Land

McGill McKenzie Peevy Perry Phillips Reddish Tolleson

Those voting in the negative were Senators:

Allgood Baldwin Barker

Bond Bowen Brantley

Broun of 46th Bryant Cobb

MONDAY, MARCH 3, 1986

1581

Coleman Coverdell Dawkins DEE,,nneggalnr,i.asmh,
Foster
Garner Gillis

Harris Hine Holloway HKL,.aeonnrgtnofeondr,yd
Ray
Scott of 2nd Scott of 36th

Starr Stumbaugh fate m ,,Tl,irmu-l.m_oco,,k.n,,s
Turner
Tysinger Walker

On the adoption of the amendment, the yeas were 21, nays 35, and the amendment was lost.
Senator Kidd of the 25th offered the following amendment:
Amend HB 1225 by adding in the title on line 13 of Page 1, following the semicolon and preceding the words "to provide", the following:
"to provide a certain exception;". By striking on line 22 of Page 1 the word "and" and inserting in lieu thereof the following:
,t*
By adding on line 23 between the Code section designation "49-5-12.1" and the word "to" the following:
", and Code Section 49-5-12.2". By removing the quotation marks at the end of line 24 of Page 11. By adding between lines 24 and 25 on Page 11 the following: "49-5-12.2. The provisions of Code Sections 49-5-12 and 49-5-12.1 shall not apply to the operation of a child welfare agency as defined in subsection (a) of Code Section 49-5-12 when conducted within the structure of any church or religious institution, provided that the operation of the child welfare agency is conducted on a nonprofit basis.'"
Senator Kidd of the 25th asked unanimous consent to withdraw the amendment offered by Senator Kidd of the 25th; the consent was granted, and the amendment was withdrawn.
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 Bond Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell

Dawkins Deal Dean English Engram Fincher Foster Garner Gillis Greene Harris Hine

Holloway Horton Howard Hudgins Huggins Kennedy Land Langford Peevy Phillips Ray Scott of 2nd

1582

JOURNAL OF THE SENATE

Scott of 36th Starr Stumbaugh
Tate

Timmons Tolleson
Trulock

Turner Tysinger
Walker

Those voting in the negative were Senators:

Albert Brannon Burton

Harrison Kidd McGill

McKenzie Perry Reddish

Not voting was Senator Bowen.

On the passage of the bill, the yeas were 46, nays 9.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Cobb of the 28th introduced Honorable Hinton Mitchem, a Senator from the state of Alabama, who briefly addressed the Senate.
Senator Bryant of the 3rd introduced the doctor of the day, Dr. Glenn Carter, of Hinesville, Georgia.
The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

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.
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 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 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

MONDAY, MARCH 3, 1986

1583

Tolleson Trulock

Turner Tysinger

Walker

Those not voting were Senators:

Barker Brannon

Cobb Harrison

Howard Land

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, assumed the Chair.

HB 1952. By Representatives Murphy of the 18th, Burruss of the 20th, McDonald of the 12th, Phillips of the 120th and Lee of the 72nd:
A bill to amend Chapter 9 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Building Authority, so as to create the Agency for Re moval of Hazardous Materials to provide for the abatement and removal of as bestos and other hazardous materials from public premises.
Senate Sponsor: Senator Dean of the 31st.

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

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Brannon Brantley Cobb

Coleman Harrison Hudgins

Kennedy (presiding) Timmons

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

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

1584

JOURNAL OF THE SENATE

HB 1953. By Representatives Murphy of the 18th, Burruss of the 20th, McDonald of the 12th, Phillips of the 120th and Lee of the 72nd:
A bill to amend Code Section 45-9-4 of the Official Code of Georgia Annotated, relating to state liability insurance and self-insurance, so as to provide for insur ing and self-insuring liability of officers of the state for separate insurance and self-insurance in connection with abatement and removal of asbestos and other hazardous materials from state facilities.
Senate Sponsor: Senator Dean of the 31st.
Senator Dean of the 31st offered the following substitute to HB 1953:
A BILL
To be entitled an Act to amend Article 1 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to state liability insurance for public officers and employees, so as to provide for insuring and self-insuring liability of officers of the state for separate insur ance and self-insurance in connection with abatement and removal of asbestos and other hazardous materials from state facilities; to provide for protection in certain circumstances; to provide for certain immunity; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to state liability insurance for public officers and employees, is amended by striking Code Section 45-9-4, relating to state liability insurance and self-insurance, and inserting in lieu thereof a new Code Section 45-9-4 to read as follows:
"45-9-4. (a) When the commissioner of administrative services determines that an ade quate number of agencies, boards, bureaus, commissions, departments, or authorities of this state have requested him to do so, he shall have the authority to purchase policies of liabil ity insurance or contracts of indemnity insuring or indemnifying the officers, officials, or employees of such agencies, boards, bureaus, commissions, departments, or authorities against personal liability for damages arising out of the performance of their duties or in any way connected therewith, under a master policy or on a blanket coverage basis with or without deductibles or excess coverage. In such event, the commissioner may alternatively retain all moneys paid to the Department of Administrative Services as premiums on such policies of liability insurance or contracts of indemnity, all moneys received as interest, and all moneys received from other sources to set up and maintain a reserve fund for the pay ment of such liability under, and the expenses necessary to administer properly, a self-insur ance program. If the commissioner decides to institute a self-insurance program, he shall establish and maintain a reserve fund for the payment of liabilities arising out of claims against officers, officials, and employees of the state. The commissioner shall invest any such moneys in the same manner as other moneys in his possession.
(b) The commissioner of administrative services shall establish and administer a pro gram for insuring the officers and employees of agencies, boards, bureaus, commissions, de partments, or authorities of this state, when such entities request him to do so, against liability in connection with abating or removing asbestos or other hazardous materials in public premises. For this purpose, the commissioner may purchase policies of liability insur ance or contracts of indemnity insuring or indemnifying such officers and employees under a master policy or on a blanket coverage basis with or without deductibles or excess coverage. The commissioner may alternatively retain all premium moneys paid to the Department of Administrative Services for such purposes, all moneys received as interest, and all moneys received from other sources to establish and maintain a reserve fund for the payment of such liability and the expenses necessary to administer properly a program of self-insurance. The commissioner shall invest any such money in the same manner as other moneys in his possession. The funds for the insurance or self-insurance provided for in this subsection

MONDAY, MARCH 3, 1986

1585

shall be designated the 'Hazardous Materials Liability Reserve Fund,' and such fund and program shall be an undertaking separate and apart from the program of liability insurance and self-insurance provided for in subsection (a) of this Code section.
(c) If the insurer of any liability policy purchased for the benefit of the officers and employees of the state or state authorities shall become insolvent, be placed into receiver ship, be subject to any other delinquency or bankruptcy proceeding, cancel its policies, or take or have taken against it like actions, the commissioner of administrative services may protect such employees against loss by such means as he may determine, including without limitation, undertaking to cover, insure, or self-insure the corresponding liabilities and ex penses, including without limitation claims, contingent claims, and incurred but unreported claims. For these purposes the commissioner may proceed against such insurer, its receiver, or other representative and any other appropriate person by means of the state's own claim or by assignment, subrogation, or otherwise."
Section 2. Said article is further amended by striking Code Section 45-9-5, relating to sovereign immunity, and inserting in lieu thereof a new Code Section 45-9-5 to read as follows:
"45-9-5. Nothing in this article shall constitute a waiver of the immunity of the state from any action. The exercise of authority provided in this article shall not constitute the provision of liability insurance protection under Article I, Section II, Paragraph IX of the Constitution."
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 29, 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 Brown of 47th Bryant Burton Coleman Coverdell Dean

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

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

Those voting in the negative were Senators:

Dawkins

Deal

Peevy

1586

JOURNAL OF THE SENATE

Those not voting were Senators:

Broun of 46th Cobb English

Fincher Harrison Kennedy (presiding)

Land Timmons

On the passage of the bill, the yeas were 45, nays 3.

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

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

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.

The House substitute to SR 330 was as follows:

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; to provide for the applicability of a certain provision 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 ad ding 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. The General Assembly is authorized to appropriate moneys to such fund and such moneys paid into the fund shall not be subject to the provisions of Article III, Section IX, Paragraph IV(c), relative to the lapsing of funds."
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 ""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.

MONDAY, MARCH 3, 1986

1587

Senator Scott of the 2nd moved that the Senate agree to the House substitute to SR 330.

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bond Bowen Brannon
nBroun %of 46,tuh BBrroywannt of 47th
Burton Cobb Coleman Coverdell Dawkins Deal

Dean Engram Fincher Foster Garner Gillis H""8
H2mameSn HHoolrltoown ay
Howard Hudgins Huggins Kidd Langford McGill

McKenzie Peevy Perry Phillips Rav Reddish Scott of 2nd
S<,,cott of 36th * Stu,m,baugh,
Tate Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Barnes English

Greene Kennedy (presiding)

Land Timmons

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SR 330.

The President resumed the Chair.

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

HB 1300. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th, Smyre of the 92nd and Benefield of the 72nd:
A bill to make and provide appropriations for the fiscal year beginning July 1, 1986, and ending June 30, 1987.
Senate Sponsor: Senator Holloway of the 12th.

The Senate Committee on Appropriations offered the following substitute to HB 1300:

A BILL
To be entitled an Act to make and provide appropriations for the State Fiscal Year beginning July 1, 1986, and ending June 30, 1987; to make and provide such appropriations for the operation of the State government, its departments, boards, bureaus, commissions, institutions, and other agencies, and for the university system, common schools, counties, municipalities, political subdivisions and for all other governmental activities, projects and undertakings authorized by law, and for all leases, contracts, agreements, and grants author ized by law; to provide for the control and administration of funds; to provide an effective date; to repeal conflicting laws; and for other purposes.

1588

JOURNAL OF THE SENATE

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

That the sums of money hereinafter provided are appropriated for the State fiscal year beginning July 1, 1986, and ending June 30, 1987, as prescribed hereinafter for such fiscal year, from funds from the Federal Government, and the General Funds of the State includ ing unappropriated surplus and a revenue estimate of $5,316,000,000 for State fiscal year 1987.
PART I.

LEGISLATIVE BRANCH

Section 1. Legislative Branch. Budget Unit: Legislative Branch. ... Personal Services--Staff ...... Personal Services--Elected Officials . Regular Operating Expenses...... Travel--Staff ................ Travel--Elected Officials.......... Motor Vehicle Equipment Purchases Publications and Printing ........ Equipment Purchases. ....... Computer Charges .......... Real Estate Rentals ............. Telecommunications .............. Per Diem, Fees and Contracts--Staff Per Diem, Fees and Contracts--Elected Officials ....... Postage .......................... Photography ..................... Expense Reimbursement Account.... Capital Outlay ................ Total Funds Budgeted.......... State Funds Budgeted ...........

Senate Functional Budgets

Total Funds

Senate and Research Office

$ 3,382,295

Lt. Governor's Office

$

429,013

Secretary of the Senate's Office

$

993,982

Total

$ 4,805,290

$ 17,891,084 $ 7,696,617 $ 2,955,447 . $ 1,748,372 . . . $ 97,800 ... $ 5,000 .... $ --0-- . $ 412,100 . $ 393,000
$ 396,500 $ 62,300 $ 595,200 . $ 342,581
$ 1,824,067 $ 141,300
. . $ 71,000 $ 1,132,800 . . . $ 17,000 $ 17,891,084 $ 17,891,084

State Funds

$ 3,382,295

$

429,013

$

993,982

$ 4,805,290

House of Representatives and Research Office
Speaker of the House's Office
Clerk of the House's Office
Total

House Functional Budgets Total Funds

$ 7,099,572

$

256,192

$ 1,002,437 $ 8,358,201

State Funds

$ 7,099,572

$

256,192

$ 1,002,437 $ 8,358,201

Legislative Counsel's Office

Joint Functional Budgets Total Funds 1,854,705

State Funds $ 1,854,705

MONDAY, MARCH 3, 1986

1589

Legislative Fiscal Office Legislative Budget Office Ancillary Activities Total

$ 1,362,830 $ 1,362,830

$

728,050 $

728,050

$

782,008 $

782,008

$ 4,727,593 $ 4,727,593

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 ................................$ 10,120,156
Operations Budget: Personal Services.................................................$ 8,491,466 Regular Operating Expenses ........................................$ 261,200 Travel ...........................................................$ 700,000 Motor Vehicle Purchases ............................................$ 54,000 Publications and Printing ........ . . ..................... . . ....... . . . $ 30,000 Equipment Purchases ...............................................$ 55,000 Per Diem, Fees and Contracts ^........................... ^...... ^. ..$ 25,000 Real Estate Rentals ...............................................$ 238,490 Computer Charges ................................................$ 205,000 Telecommunications ................................................$ 60,000 Total Funds Budgeted ...........................................$ 10,120,156 State Funds Budgeted ...........................................$ 10,120,156

1590

JOURNAL OF THE SENATE

PART II. JUDICIAL BRANCH

Section 3. Supreme Court. Budget Unit: Supreme Court ....

$ 3,204,000

Section 4. Court of Appeals. Budget Unit: Court of Appeals ........$ 3,653,000

Section 5. Superior Courts.

Budget Unit: Superior Courts ......................................$ 29,613,400

Operation of the Courts

.......$ 28,230,000

Prosecuting Attorneys' Council .....................................$ 564,000

Sentence Review Panel ............................................$ 116,000

Council of Superior Court Judges ....................................$ 67,000

Judicial Administrative Districts ....................................$ 629,000

Habeas Corpus Clerk ................................................$ 7,400

Section 6. Juvenile Courts. Budget Unit: Juvenile Courts ........................................$ 244,002

Section 7. Institute of Continuing Judicial Education.

Budget Unit: Institute of Continuing Judicial Education ....

$ 289,150

Institute's Operations ..............................................$ 270,000

Georgia Magistrate Courts Training Council .......................... $ 19,150

Section 8. Judicial Council. Budget Unit: Judicial Council ........................................$ 644,100 Council Operations ................................................$ 553,000
Payments to Judicial Administrative Districts for Case Counting ......................... $ 69,000
Board of Court Reporting ...........................................$ 22,100

Section 9. Judicial Qualifications Commission. Budget Unit: Judicial Qualifications Commission .......................$ 105,000

Section 10. Council of Magistrate Court Judges. Budget Unit: Council of Magistrate Court Judges .......................$ 20,000

Section 11. Council of Probate Court Judges. Budget Unit: Council of Probate Court Judges. ..........$ 20,000

Section 12. Council of State Court Judges. Budget Unit: Council of State Court Judges ............................. $ 9,500
PART III.
EXECUTIVE BRANCH

Section 13. Department of Administrative Services. A. Budget Unit: Department of Administrative Services ..............$ 16,906,466 Administrative Services Budget: Personal Services................................................$ 32,881,811 Regular Operating Expenses .......................................$ 6,930,557 Travel ...........................................................$ 196,000 Motor Vehicle Equipment Purchases ................................$ 382,000 Publications and Printing ..........................................$ 160,000 Equipment Purchases. ............................................$ 1,296,015 Computer Charges ...............................................$ 8,162,000 Real Estate Rentals ..............................................I 2,901,000 Telecommunications ...............................................$ 633,154

MONDAY, MARCH 3, 1986

1591

Per Diem, Fees and Contracts ............. .........................$ 389,000

Rents and Maintenance Expense .......... .......................$ 19,487,000

Utilities ................................. ..........................$ 39,000

Unemployment Compensation Reserve

...........................$ --0--

Postage ................................. .........................$ 251,935

Payments to DOAS Fiscal Administration . ........................$ 1,960,000

Direct Payments to Georgia

Building Authority for Capital Outlay ... .........................$ 183,927

Direct Payments to Georgia

Building Authority for Authority Lease Rentals ......................$ --0--

Direct Payments to Georgia

Building Authority for Operations ....... ...........................$ --0--

Telephone Billings .......................

. .... .......$ 28,762,000

Materials for Resale ...................... ....

$ 9,913,000

Public Safety Officers Indemnity Fund

......................... $ 609,000

Health Planning Review Board Operations . . ......... ..............$ 50,000

Georgia Golf Hall of Fame Operations ..... ..........................$ 30,000

Unemployment Compensation Payments ...........................$ --0--

Comprehensive General Liability

Reserve Fund .......................... ........................$3,146,971

Hazardous Materials Liability

Reserve Fund .......................... .........................$ 500,000

Utilization Adjustment ................... ........................$ (119,790)

Total Funds Budgeted .................... ......................$ 118,744,580

State Funds Budgeted ........................................... T lf-i.,9-0-f-i,.4--66

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 Utilization Adjustment Total

Total Funds

$

316,000

$ 2,173,927

$ 12,937,270

$ 9,536,000

$ 2,360,797

$

570,000

$

471,000

$ 46,090,453

$ 2,465,000

$ 33,559,000

$ 5,392,000

$ 1,260,000

$

428,000

$ 1,304,923

$ (119,790)

$ 118,744,580

State Funds

$

316,000

$ 2,173,927

$ 10,977,270

$

-- 0--

$ 2,360,797

$

-- 0--

$

471,000

$

727,262

$

-- 0--

$

--0--

$

--0--

$

--0--

$

--0--

$

--0--

$ (119,790)

$ 16,906,466

B. Budget Unit: Georgia Building Authority . . ............................$ --0--
Georgia Building Authority Budget: Personal Services. ....................... ........................$ 15,224,810 Regular Operating Expenses .............. ........................$ 11,104,860 Travel ................................. ............................$ 8,000 Motor Vehicle Equipment Purchases . . ........................... $ 36,000 Publications and Printing ................ ...........................$ 30,000

1592

JOURNAL OF THE SENATE

Equipment Purchases .................................... Computer Charges ....................................... Real Estate Rentals ...................................... Telecommunications ...................................... Per Diem, Fees and Contracts ............................. Capital Outlay ........................................... Authority Lease Rentals .................................. Utilities ................................................. Facilities Renovations and Repairs ......................... Total Funds Budgeted .................................... State Funds Budgeted ....................................

Georgia Building Authority Functional Budgets

Total Funds

Grounds

1,307,604

Custodial

3,561,225

Maintenance

3,146,284

Security

2,704,755

Van Pool

110,672

Sales

3,510,402

Administration

13,075,064

Facility Renovations

Undistributed

Total

$ 27,416,006

Section 14. Department of Agriculture. A. Budget Unit: Department of Agriculture ......... State Operations Budget: Personal Services. ................................ Regular Operating Expenses....................... Travel .......................................... Motor Vehicle Equipment Purchases ............... Publications and Printing ......................... Equipment Purchases ............................ Computer Charges ............................... Real Estate Rentals .............................. Telecommunications .............................. Per Diem, Fees and Contracts ..................... Market Bulletin Postage .......................... Payments to Athens and Tifton Veterinary Laboratories ......................... Poultry Veterinary Diagnostic Laboratories in Canton, Dalton, Douglas, Oakwood, 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 Minor Markets ............ Capital Outlay ................................... Contract--Federation of Southern Cooperatives ....

$ 133,280 . . $ 41,000
$ 39,300 $ 94,316 . $ 133,800 . $ 230,000 $ 340,640 ...$_0.. $ --0-- 27,416,006 ...$ --0--
$
.$ 28,359,042
$ 24,593,000 . $ 2,318,000 . $ 852,000 . . . $ 696,552 . . . $ 606,000 . $ 307,000 . . . $ 258,270 . . . $ 607,000 . . . $ 358,000 . . . $ 318,000 . . . $ 547,000
$ 1,894,000
. $ 1,390,500 $ 547,000
. $ 114,000 ... $ 75,000
$ 105,000
. $ 330,000
. $ 300,000 . . $ 225,000 . $ 60,000

MONDAY, MARCH 3, 1986

1593

Tick Control Program ................ Utilization Adjustment ............... Total Funds Budgeted ................ State Funds Budgeted ................

Department of Agriculture Functional Budgets

Total Funds

Plant Industry

$ 3,548,000

Animal Industry

$ 6,107,500

Marketing

$ 1,842,000

General Field Forces

$ 3,042,000

Internal Administration

$ 3,713,822

Information and Education

$ 1,265,000

Fuel and Measures

$ 2,230,000

Consumer Protection Field Forces

$ 5,217,000

Meat Inspection

$ 3,821,000

Major Markets

$ 3,660,000

Seed Technology

$

330,000

Entymology and Pesticides

$ 1,775,000

Utilization Adjustment

$ (310,280)

Total

$ 36,241,042

. . . . $ 50,000 . . $ (310,280) .$ 36,241,042 $ 28,359,042
State Funds 3,097,000 5,756,500 1,837,000 3,042,000 3,649,822 1,265,000 2,225,000 4,161,000 1,544,000 410,000 --0--
1,682,000 (310,280) 28,359,042

B. Budget Unit: Georgia Agrirama Development Authority ........$ --0-- Georgia Agrirama Development Authority Budget: Personal Services............................. . . ............ . . .....$ 459,000 Regular Operating Expenses ........................................$ 115,000 Travel .............................................................$ 7,000 Motor Vehicle Equipment Purchases .................................$ 10,000 Publications and Printing ...........................................$ 16,000 Equipment Purchases ............................. . . ................$ 7,000 Computer Charges ..................................................$ --0-- Real Estate Rentals .................................................$ --0-- Telecommunications .................................................$ 8,000 Per Diem, Fees and Contracts .......................................$ 31,000 Capital Outlay ............................................ . . . . . . .. $ 126,000 Goods for Resale ...................................................$ 78,000 Total Funds Budgeted ..................................... . . ......$ 857,000 State Funds Budgeted ..................................... . . . . . . . . . . $ --0--

Section 15. Department of Banking and Finance. Budget Unit: Department of Banking and Finance ....................$ 4,558,100 Administration and Examination Budget: Personal Services .................................................$ 3,755,867 Regular Operating Expenses............................ . . ..........$ 171,000 Travel ...........................................................$ 313,133 Motor Vehicle Equipment Purchases .................................$ 50,800 Publications and Printing ...........................................$ 13,000 Equipment Purchase ..................,.............................$ 7,000 Computer Charges .................................. ^. .............$ 89,000 Real Estate Rentals ...............................................$ 158,000 Telecommunications ................................................$ 35,000 Per Diem, Fees and Contracts .......................................$ 10,500 Utilization Adjustment ............................................$ (45,200)

1594

JOURNAL OF THE SENATE

Total Funds Budgeted ............................................$ 4,558,100 State Funds Budgeted ............................................$ 4,558,100

Section 16. Department of Community Affairs. A. Budget Unit: Department of Community Affairs ....................$ 6,654,040
State Operations Budget: Personal Services.................................................$ 4,218,000 Regular Operating Expenses ........................................$ 137,000 Travel ...................... . . ...................................$ 188,000 Motor Vehicle Equipment Purchases ..................................$ 7,000 Publications and Printing ...........................................$ 78,000 Equipment Purchase ...............................................$ 20,000 Computer Charges ........... . ................,....................$ 34,000 Real Estate Rentals ...............................................$ 206,000 Telecommunications ................................................$ 73,000 Per Diem, Fees and Contracts ......................................$ 101,000 Capital Felony Expenses ............................................$ 50,000 Contracts with Area Planning and Development Commissions ..................................I 1,350,500 Local Assistance Grants ...........................................$ 470,000 Appalachian Regional Commission Assessment ................ $ 139,000 Community Development Block Grants (Federal) ..................$ 30,515,000 Juvenile Justice Grants (Federal) ..................................$ 1,000,000 Grant--Richmond County ...........................................$ --0-- Economic Development Grants .....................................$ 650,000 Payment to Georgia Development Authority ......................... $ 375,000 Technical Assistance to S.D.A. .......................................$ --0-- Utilization Adjustment ............... . . ....................... . . . . $ (36,460) Total Funds Budgeted .......................................... .^ 39,575,040 State Funds Budgeted ............................................$ 6,654,040

Department of Community Affairs Functional Budgets

Total Funds

State Funds

Executive and Administrative

$ 3,091,738 $ 3,034,738

Technical Assistance

$ 2,273,829 $ 1,051,793

Community and Economic Development

$ 33,200,759 $ 1,713,925

Intergovernmental Assistance

$ 1,045,174 $

890,044

Utilization Adjustment

$

(36,460) $

(36,460)

Total

$ 39,575,040 $ 6,654,040

B. Budget Unit: Authorities ............................................$ --0-- Operations Budget: Personal Services ............................................,....$ 2,902,441 Regular Operating Expenses ........................................$ 269,957 Travel ............................................................$ 77,589 Motor Vehicle Equipment Purchases .................................$ 75,018 Publications and Printing ...........................................$ 74,601 Equipment Purchases ...............................................$ 40,959 Computer Charges .................................................$ 56,000 Real Estate Rentals ...............................................$ 236,291 Telecommunications ................................................$ 79,589 Per Diem, Fees and Contracts ......................................$ 138,555 Rental Assistance Payments ......................................$ 14,500,000 Grants to Housing Sponsors ........................................$ 500,000 Total Funds Budgeted ...........................................$ 18,951,000

MONDAY, MARCH 3, 1986

1595

State Funds Budgeted ...............................................$ --0--

Authorities Functional Budgets

Georgia Residential Finance Authority Georgia Development Authority Undistributed Total

Total Funds

$ 18,576,000

$

375,000

$

--0--

$ 18,951,000

State Funds $ $ $ $

Section 17. Department of Corrections. A. Budget Unit: Departmental Operations ............................$ 26,487,328
Departmental Operations Budget: Personal Services................................................$ 10,760,000 Regular Operating Expenses ........................................$ 727,000 Travel .............................. ^. ...........................$ 366,000 Motor Vehicle Equipment Purchases ..................................$ --0-- Publications and Printing ...........................................$ 65,000 Equipment Purchases ...............................................$ 99,000 Computer Charges ...............................................$ 1,140,000 Real Estate Rentals ..............................................$ 1,112,000 Telecommunications ...............................................$ 321,000 Per Diem, Fees and Contracts .....................................$ 1,054,000 Utilities ...........................................................$ 50,000 County Subsidy ..................................................$ 8,299,188 County Subsidy for Jails ...........................................$ 221,900 Court Costs .......................................................$ 350,000 Central Repair Fund ..............................................$ 581,000 Grants for County Workcamp Construction .........................$ 1,000,000 Local Jail Equipment Grants .........................................$ --0-- Grants for Local Jails .............................................$ 500,000 Capital Outlay ....................................................$ 316,000 Utilization Adjustment ...........................................$ (254,760) Total Funds Budgeted ...........................................$ 26,707,328 Indirect DOAS Funding ............................................. $--0-- State Funds Budgeted ...........................................$ 26,487,328

Departmental Operations Functional Budgets

Total Funds

General Administration and Support

$ 10,341,000

Adult Facilities and Programs

$ 15,133,088

Training and Staff Development

$ 1,488,000

Utilization Adjustment

$ (254,760)

Total

$ 26,707,328

State Funds $ 10,341,000 $ 14,913,088 $ 1,488,000 $ (254,760) $ 26,487,328

B. Budget Unit: Correctional Institutions, Transitional Centers and Support.....
Institutional Operations Budget: Personal Services. .................... Regular Operating Expenses........... Travel .............................. Motor Vehicle Equipment Purchases . . . Publications and Printing ............. Equipment Purchases. ................ Computer Charges ...................

.$ 160,034,152
.$ 113,809,533 . $ 19,722,800 .....$ 90,163
. . $ 90,000 .$ 2,096,110 .... $ --0--

1596

JOURNAL OF THE SENATE

Real Estate Rentals .......................... Telecommunications .......................... Per Diem, Fees and Contracts ................. Utilities ..................................... Payments to Central State Hospital for Meals . . Payments to Central State Hospital for Utilities Payments to Public Safety for Meals........... Inmate Release Funds ........................ Health Service Purchases ..................... Payments to the Medical Association of Georgia for
Jail and Prison Health Care Certification University of Georgia--
Cooperative Extension Service Contracts ... Minor Construction Fund ..................... Authority Lease Rentals ...................... Capital Outlay ............................... Utilization Adjustment ...................... Total Funds Budgeted ........................ State Funds Budgeted ........................

. . $ 305,000 $ 1,123,000 ... $ 221,000 . . $ 7,618,000 . . $ 2,464,000 ..$ 1,220,000 . . $ 287,000 . . $ 877,000 .$ 11,600,000
.... $ 46,000
... $ 239,000 .... $ 860,976 .... $ 440,000
. $ (1,556,430) .$ 161,553,152 .$ 160,034,152

Correctional Institutions, Transitional Centers, and Support Functional Budgets

Total Funds

State Funds

Georgia Training and Development Center
Georgia Industrial Institute

2,045,000 $ 8,399,000

2,045,000 8,399,000

Alto Education and Evaluation Center

1,538,000 $ 1,538,000

Georgia Diagnostic and Classification Center
Georgia State Prison
Consolidated Branches Middle Georgia Correctional
Institution
Jack T. Rutledge Correctional Institution
Central Correctional Institution Metro Correctional Institution Coastal Correctional Institution Central Funds D.O.T. Work Details
Food Processing and Distribution Farm Operations Dodge Correctional Institution Transitional Centers Augusta Correctional and
Medical Institution Health Care Richard H. Rogers
Correctional Institution Forsyth Correctional Institution

9,313,000 $ 9,313,000 18,338,000 $ 18,338,000 14,478,000 $ 14,388,000

20,630,000 $ 20,630,000

4,115,000 $ 4,115,000 3,561,000 $ 3,561,000 4,842,000 $ 4,842,000 4,642,000 $ 4,583,000 11,132,976 $ 11,132,976
697,000 $ 12,768,000 $ 12,120,000 5,361,000 $ 5,336,000 3,587,000 $ 3,587,000 3,594,000 $ 3,594,000

6,156,000 $ 6,156,000 21,081,000 $ 21,081,000

4,005,606 $ 2,826,000 $

4,005,606 2,826,000

MONDAY, MARCH 3, 1986

1597

Federal Grants Utilization Adjustment Total

$

--0--

$ (1,556,430)

$ 161,553,152

$

--0--

$ (1,556,430)

$ 160,034,152

C. Budget Unit: Board of Pardons and Paroles .............$ 14,697,340 Board of Pardons and Paroles Budget: Personal Services ................................... ^. ....... ^. ..$ 12,205,625 Regular Operating Expenses ........................................$ 331,970 Travel ............ . ....................................... . ......$ 422,000 Motor Vehicle Equipment Purchases .................................$ 70,000 Publications and Printing .................................'..........$ 43,000 Equipment Purchases ...............................................$ 85,000 Computer Charges ................................................$ 122,000 Real Estate Rentals ...............................................$ 852,000 Telecommunications .............-..................................$ 347,000 Per Diem, Fees and Contracts .......................................$ 64,000 County Jail Subsidy ...............................................$ 293,895 Utilization Adjustment ...........................................$ (139,150) Total Funds Budgeted ...........................................$ 14,697,340 State Funds Budgeted ...........................................$ 14,697,340

D. Budget Unit: Georgia Correctional Industries ..........................$ --0-- Georgia Correctional Industries Budget: Personal Services.................................................$ 2,499,192 Regular Operating Expenses .......................................$ 1,067,950 Travel ............................................................$ 66,400 Motor Vehicle Equipment Purchases ................................$ 198,000 Publications and Printing ............................................$ 8,800 Equipment Purchases ..............................................$ 310,000 Computer Charges ..................................................$ 1,985 Real Estate Rentals ................................................$ 81,650 Telecommunications ................................................$ 75,000 Per Diem, Fees and Contracts ......................................$ 270,000 Cost of Sales ....................................................$ 6,380,000 Repayment of Prior Year's Appropriations............................ $ 84,000 Capital Outlay ......................................................$ --0-- Total Funds Budgeted ...........................................$ 11,042,977 State Funds Budgeted ...............................................$ --0--

E. Budget Unit: Division of Probations ..............................$ 35,363,099 Operations Budget: Personal Services ................................................$ 34,498,969 Regular Operating Expenses ........................................$ 864,900 Travel ...........................................................$ 705,000 Motor Vehicle Equipment Purchases ..................................$ --0-- Publications and Printing ...........................................$ 94,700 Equipment Purchases. .............................................$ 213,400 Computer Charges ..................................................$ --0-- Real Estate Rentals ..............................................$ 1,087,000 Telecommunications ...............................................$ 471,600 Utilities ..........................................................$ 326,000 Per Diem, Fees and Contracts .......................................$ 12,000 Capital Outlay ....................................................$ 840,000 Utilization Adjustment ...........................................$ (322,470) Total Funds Budgeted ...........................................$ 38,791,099 State Funds Budgeted ...........................................$ 35,363,099

1598

JOURNAL OF THE SENATE

Division of Probations Functional Budgets

Total Funds

Probation Administration

$

773,000

Probation Field Operations

$ 31,343,569

Diversion Centers

$ 6,997,000

Utilization Adjustment

(322,470)

Total

38,791,099

Section 18. 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............ Utilization Adjustment ............. Total Funds Budgeted .............. State Funds Budgeted ..............

Department of Defense Functional Budgets

Total Funds

Office of the Adjutant General

2,487,560

Georgia Emergency Management Agency

1,741,000

Georgia Air National Guard

2,917,700

Georgia Army National Guard

4,970,557

Utilization Adjustment

(65,530)

Total

12,051,287

Section 19. State Board of Education-- Department of Education.
Budget Unit: Department of Education Operations:
Personal Services. .................. Regular Operating Expenses......... Travel ............................ Motor Vehicle Equipment Purchases . Publications and Printing ........... Equipment Purchases............... Computer Charges .................

State Funds
773,000
28,703,569
6,209,000
(322,470)
35,363,099
. . $ 4,444,333
$ 6,143,967 . $ 1,677,000 . . $ 60,000 . . . . $ 10,000 . . . . $ 40,000 . . . $ 107,850
$ 18,000 .....$ 8,000 . . $ 76,000 . $ 141,000
$ 1,655,000 $ 1,498,000 . . $ 41,000 ... $ 18,000 . . . . $ 42,000
. $ 510,000 ... $ 71,000 . . $ (65,530) .$ 12,051,287 . . $ 4,444,333

State Funds

$

995,560

$ 1,355,071

$

399,675

$ 1,759,557

$

(65,530)

$ 4,444,333

$ 1,912,209,777
. $ 32,440,082 .....$ 3,268,210 .... $ 1,042,401 ...... $ 115,000 .... $ 510,375 .... $ 265,815 ... $ 8,239,140

MONDAY, MARCH 3, 1986

1599

Real Estate Rentals ..............................................$ 1,997,335 Telecommunications ................ . ... . . ...................... . . . $ 610,088 Per Diem, Fees and Contracts .....................................$ 9,158,755 Utilities .........................................................$ 1,098,045 Capital Outlay ...................................................$ 1,030,000 QBE Formula Grants: Kindergarten ...................................................$ 115,416,525 Grades 1-3.....................................................$ 316,614,350 Grades 4-8 .....................................................$ 373,213,685 Grades 9-12 ...........,........................................$ 200,079,797 Indirect Cost ...................................................$ 325,581,790 High School Laboratories ........................................$ 55,846,916 Vocational Education Laboratories ................................$ 64,725,749 Special Education ............................ ^. .................$ 99,887,360 Gifted ................ . . ..................................... .... $ 9,967,685 Remedial Education .............................................$ 12,804,969 Staff Development ................................................$ 5,709,552 Media ................... . . ............................ . . .......$ 59,364,193 Pre-Paid Teacher Retirement ..................................$ (142,000,000) July/August APEG Salaries .....................................$ 231,464,756 Pupil Transportation ............................................$ 97,986,983 Isolated Schools ...................................................$ 854,310 Longevity Steps Increase.........................................$ 10,800,728 Local Fair Share .............................................$ (263,231,651) Other QBE Categorical Grants:
Equalization Formula ..........................................$ 83,793,933 Grants for Contract Transfer Payment ...............................$ --0-- Sparsity Grants ..................................................$ 500,000 Education of Children of Low-Income Families ...................$ 78,364,380 Retirement .....................................................$ 1,700,000 Instructional Services for the Handicapped .......................$ 22,688,125 Tuition for the Multi-handicapped ...............................$ 1,472,000 Severely Emotionally Disturbed .................................$ 25,484,215 School Lunch (Fed.) ..........................................$ 121,090,490 School Lunch (State) ...........................................$ 19,970,920 Innovative Programs .............................................$ 548,000 Supervision and Assessment of Students and Beginning
Teachers and Performance Based Certification ...................$ 4,952,385 Cooperative Educational Service Areas ............................$ 5,052,795 Georgia Learning Resources System ..............................$ 1,228,304 High School Program .............'.............................$ 14,574,725 High School Program (Salaries; July/August) ......................$ 3,579,853 Special Education/State Institutions ..............................$ 2,689,867 Governor's Scholarship ...........................................$ 500,000 Special Projects ..................................................$ 181,000 Job Training and Partnership Act ................................$ 2,860,000 Vocational Research and Curriculum ...............................$ 366,540 Adult Education ................................................$ 3,481,909 Salaries and Travel of Public Librarians ..........................$ 7,589,363 Public Library Materials .........................................$ 4,133,430 Talking Book Centers ............................................$ 737,570 Public Library M&O..........................................$ 3,204,525 Special Education/Hold Harmless ................................$ 7,738,861 Health Insurance--Non Certificated Personnel ....................$ 21,624,000 Teacher Health Insurance--Retired Teachers ......................$ 7,807,000 Grants to Local School
Systems for Educational Purposes .............................$ 78,000,000

1600

JOURNAL OF THE SENATE

Payment of Federal Funds to Board of Postsecondary Vocation Education ..........
Child Care Lunch Program (Federal) ..................... Local School Construction (Asbestos) ..................... Chapter II--Block Grant Flow Through .................... Utilization Adjustment ................................... Total Funds Budgeted .................................... Indirect DOAS Services Funding .......................... State Funds Budgeted ....................................

Education Functional Budgets

Total Funds

Instructional Services

7,096,467

Governor's Honors Program

820,720

Vocational Education

5,288,340

Public Library Services

1,864,500

State Administration

10,552,205

Administrative Services

8,718,855

Planning and Development

9,922,619

Professional Standards Commission

183,410

Vocational Advisory Council

156,405

Professional Practices Commission

459,150

Georgia Academy for the Blind

3,853,370

Georgia School for the Deaf

6,176,430

Atlanta Area School for the Deaf

$ 4,682,775

Local Programs

$ 2,137,506,727

Utilization Adjustment

$ (298,300)

Total

$ 2,196,983,673

Section 20. 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 ...................

Section 21. Forestry Commission. Budget Unit: Forestry Commission ......... State Operations Budget: Personal Services........................

$ 10,440,540 . .$ 14,261,645 . . . . $ 3,100,000
. $ 8,702,655 . ... $ (298,300) $ 2,196,983,673 .......$ --0-- $ 1,912,209,777
State Funds $ 4,401,532
805,720 2,525,790
867,500 9,547,310 5,618,675 9,062,289
183,410 --0--
459,150 3,552,940 5,996,715 4,440,460 $ 1,865,046,586 $ (298,300) $ 1,912,209,777
... $ 1,600,000
$ 740,000 . $ 12,000 . $ 7,500 . . $ --0-- . $ 22,000 . $ 1,000 $ 174,000 $ 101,000
$ 12,000 $ 555,000 . $ 65,000 5 1,600,000 . $ --0-- f 3,289,500 5 1,600,000
.$28,434,738
. $ 22,268,863

MONDAY, MARCH 3, 1986

1601

Regular Operating Expenses..................... Travel ........................................ Motor Vehicle Equipment Purchases ............. Publications and Printing ....................... Equipment Purchases. .......................... Computer Charges ............................. Real Estate Rentals ............................ Telecommunications ............................ Per Diem, Fees and Contracts ................... Contractual Research ........................... Payments to the University of
Georgia, School of Forestry for Forest Research . Ware County Grant ............................ Wood Energy Program ......................... Capital Outlay ................................. Utilization Adjustment ......................... Total Funds Budgeted .......................... State Funds Budgeted .........................

Forestry Commission Functional Budgets

Total Funds

Reforestation Field Services Wood Energy General Administration and Support Utilization Adjustment Total

$ 3,109,597

$ 28,220,342

$

68,000

$ 1,844,609

$ (260,760)

$ 32,981,788

Section 22. Georgia Bureau of Investigation. Budget Unit: Georgia Bureau of Investigation Operations Budget: Personal Services......................... Regular Operating Expenses............... Travel .................................. Motor Vehicle Equipment Purchases ....... Publications and Printing ................. Equipment Purchases .................... Computer Charges ....................... Real Estate Rentals ...................... Telecommunications ...................... Per Diem, Fees and Contracts ............. Evidence Purchased ...................... Utilities ................................. Postage ................................. Capital Outlay ........................... Utilization Adjustment ................... Total Funds Budgeted .................... Indirect DOAS Funding .................. Total State Funds Budgeted ..............

Georgia Bureau of Investigation Functional Budgets

Total Funds

Administration

$ 2,564,000

Drug Enforcement

$ 5,728,810

. $ 5,558,150 . . . $ 134,000 . .$ 1,334,000 ....$ 87,000
$ 2,182,810 . . . . $ 59,000 . ... $ 28,000 . . . $ 572,000 . . . $ 171,000 . . . $ 250,000
. . . $ 300,000 . $ 90,000 ... $ 68,000 . $ 139,725 . $ (260,760) $ 32,981,788 . $ 28,434,738
State Funds
996,547
25,794,342
68,000
1,836,609
(260,760)
28,434,738
.$ 28,703,027
.$ 18,525,207 . . $ 1,777,730 . . . $ 528,000 . .$ 1,145,550 . . . . $ 93,750 . . $ 654,830
$ 2,593,000 $ 1,458,000 ..$ 1,250,800 . . . . $ 34,000 . . $ 440,000 . $ 93,000 ... $ 72,510 . . $ 300,000 . $ (263,350) .$28,703,027
. , . .$ 28,703,027
State Funds
$ 2,564,000
$ 5,728,810

1602

JOURNAL OF THE SENATE

Investigative

$ 9,191,000 $ 9,191,000

Georgia Crime Information Center

$ 7,118,346 $ 7,118,346

Utilization Adjustment

$ (219,708) $ (219,708)

Total

$ 24,382,448 $ 24,382,448

Forensic Sciences Budget: Personal Services. .................................................I 3,448,221 Regular Operating Expenses ........................................$ 391,000 Travel ............................................................$ 30,000 Motor Vehicle Equipment Purchases ......................,..........$ 94,000 Publications and Printing ............................................$ 8,000 Equipment Purchases. .............................................$ 135,000 Computer Charges ................................................$ 124,000 Real Estate Rentals .................................................$ --0-- Telecommunications ........................................,.......$ 89,000 Per Diem, Fees and Contracts ........................................ ^ 5,000 Capital Outlay ......................................................$ --0-- Postage ............................................................$ 5,000 Utilities ...........................................................$ 35,000 Utilization Adjustment ........................................,...$ (43,642) Total Funds .....................................................$ 4,320,579 State Funds .....................................................$ 4,320,579

Section 23. Georgia State Financing and Investment Commission. Budget Unit: Georgia State Financing and Investment Commission ...........................................$ --0-- Departmental Operations Budget: Personal Services ..................................................$ 938,861 Regular Operating Expenses .........................................$ 29,275 Travel .............................................................$ 9,000 Motor Vehicle Equipment Purchases ..................................^ --0-- Publications and Printing ............................................$ 1,200 Equipment Purchases ................................................$ 2,325 Computer Charges .................................................$ 16,937 Real Estate Rentals ................................................$ 86,130 Telecommunications ................................................$ 11,100 Per Diem, Fees and Contracts ......................................$ 115,000 Total Funds Budgeted ............................................$ 1,209,828 State Funds Budgeted ...............................................$ --0--

Section 24. Office of the Governor. A. Budget Unit: Governor's Office ....................................$ 5,754,582
1. Governor's Office Budget: Cost of Operations ...............................................$ 2,366,000 Mansion Allowance ................................................. ^ 40,000 Governor's Emergency Fund ..................................... .^ 2,500,000 Intern Stipends and Travel ........................................$ 150,000 Total Funds Budgeted ............................................$ 5,056,000 State Funds Budgeted ............................................$ 5,056,000
2. Office of Fair Employment Practices Budget: Personal Services ..................................................$ 596,942 Regular Operating Expenses .........................................$ 10,000 Travel ............................................................$ 11,000 Motor Vehicle Equipment Purchases ..................................$ --0-- Publications and Printing ............................................$ 3,000 Equipment Purchases ................................................$ 8,000 Computer Charges ....................,.............................$ --0--

MONDAY, MARCH 3, 1986

1603

Real Estate Rentals . . ......... . . ............................ . . ..... $ 57,000 Telecommunications ................................................$ 11,000 Per Diem, Fees and Contracts .......................................I 68,000 Utilization Adjustment .............................................$ (6,360) Total Funds Budgeted .............................................$ 758,582 State Funds Budgeted .............................................$ 698,582
Budget Unit Object Classes: Cost of Operations ...............................................$ 2,366,000 Mansion Allowance .................................................$ 40,000 Governor's Emergency Fund ......................................$ 2,500,000 Intern Stipends and Travel ........................................$ 150,000 Personal Services..................................................$ 596,942 Regular Operating Expenses .........................................$ 10,000 Travel ............................................................$ 11,000 Motor Vehicle Equipment Purchases ..................................$ --0-- Publications and Printing ............................................$ 3,000 Equipment Purchases ................................................$ 8,000 Computer Charges ..................................................$ --0-- Real Estate Rentals ................................................$ 68,000 Telecommunications ................................................$ 11,000 Per Diem, Fees and Contracts .......................................$ 68,000 Utilization Adjustment .............................................$ (6,360)
B. Budget Unit: Office of Planning and Budget ........................$ 3,761,860 Office of Planning and Budget Budget: Personal Services.................................................$ 3,161,000 Regular Operating Expenses .........................................$ 89,000 Travel ............................................................$ 60,000 Motor Vehicle Equipment Purchases ..................................$ --0-- Publications and Printing ..............,............................$ 36,000 Equipment Purchases ...............................................$ 25,000 Computer Charges ................................................$ 183,560 Real Estate Rentals ...............................................$ 197,000 Telecommunications ................................................$ 52,000 Per Diem, Fees and Contracts .......................................$ 95,000 Utilization Adjustment ............................................$ (36,700) Total Funds Budgeted ........... . . ..................... . . ........$ 3,861,860 State Funds Budgeted ............................................$ 3,761,860
C. Budget Unit: Units Attached for Administrative Purposes Only ......$ 5,585,559 Attached Units Budget: Personal Services.................................................$ 2,983,000 Regular Operating Expenses ........................................$ 140,000 Travel ............................................................$ 86,000 Motor Vehicle Equipment Purchases ..................................$ --0-- Publications and Printing ...................................... . . . . $ 106,000 Equipment Purchases ...............................................$ 23,000 Computer Charges .................................................$ 51,000 Real Estate Rentals ...............................................$ 251,000 Telecommunications ...............................................$ 145,000 Per Diem, Fees and Contracts .....................................$ 5,451,000 Art Grants--State Funds .........................................$ 2,250,029 Art Grants--Federal Funds ........................................$ 376,000 Art Grants--Donations .............................................$ 44,000 Humanities Grant--State Funds .....................................$ 50,000 Utilization Adjustment ............................................$ (39,470) Total Funds Budgeted ...........................................$ 11,916,559

1604

JOURNAL OF THE SENATE

State Funds Budgeted ....................................

Attached Units Functional Budgets

Total Funds

Council for the Arts

3,208,029

Office of Consumer Affairs

1,707,000

State Energy Office

6,087,000

Governor's Committee on PostSecondary Education

156,000

Consumers' Utility Counsel

441,000

Criminal Justice Coordinating Council

357,000

Utilization Adjustment

(39,470)

Total

$ 11,916,559

$ 5,585,559
State Funds 2,678,029 1,707,000 286,000
156,000 441,000
357,000 (39,470) $ 5,585,559

Section 25. 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 26. Department of Human Resources. A. Budget Unit: Departmental Operations ...........................$ 340,549,202
1. General Administration and Support Budget: Personal Services................................................$ 33,376,961 Regular Operating Expenses ...................................... .^ 1,275,446 Travel ..........................................................$ 1,111,390 Motor Vehicle Equipment Purchases .................................$ 26,000 Publications and Printing ..........................................I 141,945 Equipment Purchases ..............................................$ 233,827 Computer Charges ...............................................$ 1,394,000 Real Estate Rentals ..............................................$ 3,740,750 Telecommunications ...............................................$ 705,026 Per Diem, Fees and Contracts ....................................$ 10,094,620 Utilities ..........................................................$ 185,000 Postage ..........................................................$ 721,046 Capital Outlay .....................................................$ 24,000 Institutional Repairs and Maintenance .............................. $ 132,000 Menninger Group Homes ..............,...........................$ 402,000 Benefits for Child Care ...........................................$ 2,144,317 Contract--Georgia Advocacy Office, Inc. .............................$ 215,000 Utilization Adjustment ...........................................$ (228,869) Total Funds Budgeted ...........................................$ 55,694,459 Indirect DOAS Services Funding .....................................$ --0-- State Funds Budgeted ...........................................$ 25,688,827

General Administration and Support Functional Budgets

Total Funds

State Funds

Commissioner's Office

$

721,003 $

721,003

Administrative Appeals

$

980,861 $

980,861

Administrative Policy, Coordination, and Direction

$

223,626 $

223,626

MONDAY. MARCH 3, 1986

1605

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

Utilization Adjustment

Total

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 .... Grants for Regional Maternal and Infant Care Midwifery Program Benefits................. Crippled Children Benefits .................. Kidney Disease Benefits ....................

6,253,453 2,688,047
4,220,802 409,295
444,062 1,444,195 4,280,000 1,675,822
287,000 192,206 2,546,317 247,413
116,324 16,610 9,324,850
636,945 1,865,281
707,769 2,378,109
317,450 715,471 3,920,102 9,310,315 (228,869) 55,694,459

$ 6,192,453

$ 2,688,047

$ (5,476,184)

$ 3,033,185

$

409,295

444,062 1,444,195 4,280,000 1,675,822
287,000 192,206 2,546,317

116,324 1,661

561,945
1,848,431
445,187
748,926
317,450
531,968
260,824
1,443,092
(228,869)
25,688,827
33,657,795 46,645,610 . $ 981,720
. . $ 302,700 . $ 336,635 . . $ 461,000
$ 674,100 . . $ 565,000 $ 16,432,236 ... $ --0--
. $ 86,000 . . $ 518,000 . $ 4,936,795 . $ 2,055,000 . $ 1,325,000 $6,933,116 . . $ 505,000

1606

JOURNAL OF THE SENATE

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 .............................. Utilization Adjustment ............................ Total Funds Budgeted ............................. Indirect DOAS Services Funding ................... State Funds Budgeted .............................

Public Health Functional Budgets

Director's Office Employee's Health Health Program Management Vital Records Health Services Research Primary Health Care Stroke and Heart Attack Prevention Epidemiology Immunization Sexually Transmitted Diseases Community Tuberculosis Center Family Health Management Infant and Child Health Maternal Health--Perinatal Family Planning Malnutrition Dental Health Children's Medical Services Chronic Disease Diabetes Cancer Control

Total Funds

$

706,705

$

348,503

$

859,716

$ 1,432,678

$

607,946

$

909,308

$ 1,802,944

$ 1,536,639

$

442,822

$ 1,451,305

$ 1,340,778

$ 7,726,526

$ 8,395,777

$

229,839

$ 8,367,907

$ 51,301,240

$ 1,444,289

$ 10,693,402

$ 1,664,711

$

520,715

$ 3,248,538

.....$ 2,388,000
.... $ 300,000
.....$ 5,113,000
...... $ 42,000
......$ 119,000 ......$ 105,000
$ 45,993,000
......$ 215,000 ..... $ 115,000 ......$ 302,000
.....$ 519,500
.......$ 47,000
. . . $ 5,000,000 ... $ (342,834) .$ 176,331,373 ......$ --0--
$ 99,250,604

State Funds

$

706,705

$

313,503

$

774,716

$ 1,369,678

$

607,946

$

909,308

$ 1,272,944

$

863,663

$

-- 0--

$

352,105

$ 1,213,778

$ 2,543,566

$ 8,266,262

$

-- 0--

$ 3,427,907

$

-- 0--

$ 1,234,114

$ 7,920,787

$ 1,664,711

$

520,715

$ 3,248,538

MONDAY, MARCH 3, 1986

1607

Environmental Health Laboratory Services Emergency Health Minimum Foundation Newborn Follow Up Care Sickle Cell, Vision and Hearing High-Risk Pregnant Wo>rmr en and Infants Grant in Aid to Countiees Teenage Pregnancy Prevention Community Health Ma nagement Community Care Utilization Adjustment Total

$

932,717 $

393,945

$ 4,019,363 $ 3,884,363

$ 2,346,147 $ 1,285,647

$ 8,489,909 $ 8,489,909

$

753,747 $

570,797

$ 1,104,547 $ 1,104,547

$ 6,847,777 $ 6,847,777

$ 42,757,000 $ 37,504,037

$

519,500 $

519,500

$ 1,396,150 $

805,933

$ 2,475,062 $

976,037

$ (342,834) $ (342,834)

$ 176,331,373 $ 99,250,604

3. Mental Health --Program 1 Support Budget:
Personal Servic:ees ...................... Regular Of ;ing Expenses ............
Travel
Motor Veh Equipment Purchases . Publicatior id Printing .............. Equipment rchases. ................. Computer Charrgges .................... Real Estate Rentals ................... Telecommunicaitions ................... Per Diem, i and Contracts Utilities Postage
Housing Alternatives . . . . . ustment ................ udgeted ................. Services Funding ....... udgeted .................

$ 4,686,000 ......... $ 91,000 ........$ 127,000 ..........$ --0-- .........$ 39,000 .........$ 43,000 .......$ 1,040,000
........$ 247,000 ........$ 276,000 ..........$ --0-- ..........$ 1,000 ........$ 120,000 ........$ (60,310) .......$ 6,609,690
...... . $ 6,160,690

Mental Health--Program Direction and Support Functional Budgets

Total Funds

State Funds

Administration

6,626,975 $ 6,472,975

Indirect Cost

(295,000)

MH/MR Advisory Council

$

43,025

43,025

Utilization Adjustment

$

(60,310)

(60,310)

Total

$ 6,609,690

6,160,690

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 ...........................

.$ 1,451,000 . . . $ 23,000 . . . $ 31,000
. . $ 5,000 . . . $ 12,000
$ 62,000 ....$ --0--
. $ 38,000

1608

JOURNAL OF THE SENATE

Per Diem, Fees and Contracts ........................................$ 4,000 Utilities ............................................................$ --0-- Postage ............................................................$ --0-- Utilization Adjustment ............................................$ (16,260) Total Funds Budgeted ............................................$ 1,609,740 Indirect DOAS Services Funding .....................................$ --0-- Agency Funds ......................................................$ --0-- State Funds Budgeted ............................................$ 1,609,740

5. Services to the Aged Budget: Personal Services.................................................$ 2,033,000 Regular Operating Expenses .........................................$ 46,000 Travel ............................................................$ 58,000 Motor Vehicle Equipment Purchases ..................................$ --0-- Publications and Printing ...........................................$ 21,000 Equipment Purchases ...............................................$ 11,000 Computer Charges .................................................$ 75,000 Real Estate Rentals .................................................$ 4,000 Telecommunications ................................................$ 66,000 Per Diem, Fees and Contracts ....................................$ 23,849,000 Utilities ....................................................,.......$ --0-- Payments to DMA ...............................................$ 6,898,000 Postage ............................................................I 1,000 Utilization Adjustment ............................................$ (43,870) Total Funds Budgeted ...........................................$ 33,018,130 State Funds Budgeted ...........................................$ 11,241,130

Services to the Aged Functional Budgets

Total Funds

State Funds

Administration and Planning

$ 2,725,400 $ 1,404,328

Aging Services

$ 23,438,600 $ 2,982,672

Alternative Health Services

$ 6,898,000 $ 6,898,000

Utilization Adjustment

$

(43,870) $

(43,870)

Total

$ 33,018,130 $ 11,241,130

6. Rehabilitation Services Budget: Personal Services................................................$ 24,637,460 Regular Operating Expenses .......................................$ 1,127,000 Travel ...........................................................I 537,000 Motor Vehicle Equipment Purchases .................................$ 23,000 Publications and Printing ...........................................$ 49,000 Equipment Purchases ..............................................$ 141,000 Computer Charges ................................................$ 786,000 Real Estate Rentals ..............................................$ 1,038,000 Telecommunications ...............................................$ 625,000 Per Diem, Fees and Contracts ......................................$ 910,000 Utilities ..........................................................$ 282,000 Capital Outlay ......................................................$ --0-- Postage ...........................................................$ 94,000 Institutional Repairs and Maintenance ................................$ --0-- Grants for Nephrology Centers .....................................$ 245,000 Contract with Vocational Rehabilitation Community Facilities .............................$ 5,052,515 Contract for Epilepsy ...............................................$ 67,000 Case Services ....................................................$ 9,816,000 E.S.R.P. Case Services ..............................................$ 50,000

MONDAY, MARCH 3, 1986

1609

Contract with the Affirmative Industries............... Contract with RCW Industries, Inc...................... Utilization Adjustment ................................ Total Funds Budgeted................................. Indirect DOAS Services Funding ....................... State Funds Budgeted .................................

Rehabilitation Services Functional Budgets

Program Direction and Support Grants Management Atlanta Rehabilitation Center Rehabilitation Center for
the Deaf--Cave Spring Central Rehabilitation Center Georgia Vocational
Adjustment Center--Gracewood Ireland Rehabilitation Center Rome Rehabilitation Center J.F. Kennedy Center Production Workshop District Field Services Independent Living Sheltered Employment Community Facilities Bobby Dodd Workshop Utilization Adjustment Total

Total Funds

$ 2,841,700

$

580,210

$ 2,342,892

$

480,237

$

581,924

$

424,575

$

392,456

$

213,179

$

413,659

$ 1,100,980

$ 29,906,054

$

322,307

$ 1,083,287

$ 4,698,140

$

354,375

$

(68,903)

$ 45,667,072

7. Roosevelt Warm Springs Rehabilitation Institute:
Personal Services .................... Regular Operating Expenses........ Travel .............................. Motor Vehicle Equipment Purchases . . . Publications and Printing ............. Equipment Purchases................. Computer Charges ................... Real Estate Rentals .................. Telecommunications .................. Per Diem, Fees and Contracts ......... Utilities ............................. Postage ............................. Case Services ........................ Capital Outlay ....................... Institutional Repairs and Maintenance . Utilization Adjustment ............... Total Funds Budgeted................ Indirect DOAS Services Funding ...... State Funds Budgeted ................

......$ 110,000 .....$ 146,000 ......$ (68,903) ...$45,667,072
. ...$ 14,351,684

State Funds

$ 1,163,689

$

473,190

$

468,578

$

96,047

$

116,385

$

84,915

$

78,495

$

43,276

$

82,732

$

--0--

$ 6,120,235

$

122,307

$

518,223

$ 4,698,140

$

354,375

$

(68,903)

$ 14,351,684

. $ 10,435,000 . . $ 1,687,000 ... $ 48,000 ... $ 54,000 .... $ 15,000 . . $ 110,000 .... $ 62,000 . . . . $ 11,000 . . . $ 173,000 . . $ 1,452,000 . . $ 578,000
. . $ 14,300

. . . $ (40,103) .$ 14,599,197
. . $ 3,970,197

1610

JOURNAL OF THE SENATE

Roosevelt Warm Springs Rehabilitation Institute Functional Budgets

Total Funds

State Funds

Administration

5,545,888

2,498,923

Rehabilitation Services

9,093,412

1,511,377

Utilization Adjustment

(40,103)

(40,103)

Total

14,599,197

3,970,197

8. Georgia Factory for the Blind Budget: Personal Services Regular Operating Expenses Travel ............................. Motor Vehicle Equipment Purchases Publications and Printing Equipment Purchases Computer Charges .................. Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Utilities ............................ Postage ............................ Capital Outlay ...................... Utilization Adjustment Total Funds Budgeted State Funds Budgeted ...............

Georgia Factory for the Blind Functional Budgets

Total Funds

Operations

12,849,000

Supervision

521,000

Utilization Adjustment

(5,210)

Total

13,364,790

$ 4,653,000 . . $ 8,332,000 . . . $ 17,000 . . $ 20,000 .....$ 9,000 . . . . $ 42,000
.... $$ 7_0,o00_0
$ 30,000 $ 66,000 . . . $ 125,000 .....$ 6,000 .... $ --0--
. . . .$ (5,210) .$ 13,364,790 . . . $ 515,790

State Funds

$

-- 0--

$

521,000

$

(5,210)

$

515,790

9. Rehabilitation Services-- Disability Adjudication Budget:
Personal Services ................... Regular Operating Expenses Travel ............................. Motor Vehicle Equipment Purchases Publications and Printing Equipment Purchases ............... Computer Charges .................. Real Estate Rentals ................. Telecommunications ................. Per Diem, Fees and Contracts ........ Utilities ............................ Postage ............................ Case Services ....................... Total Funds Budgeted ............... State Funds Budgeted ...............

.$ 11,725,000 ... $ 273,000 . . . . $ 82,000 .... $ --0--
. . . , $ 41,000 . . . $ 150,000 . . . $ 370,000 . . . $ 752,000 . . . $ 494,000 . . $ 1,441,000 .....$ --0--
. . . $ 342,000 $ 11,832,000 $ 27,502,000

10. Family and Children Services Budget: Personal Services. ................... Regular Operating Expenses.......... Travel ............................. Motor Vehicle Equipment Purchases

.$ 11,434,000 $ 16,968,000
$ 390,000 .....$ --0--

MONDAY, MARCH 3, 1986

1611

Publications and Printing .............. Equipment Purchases. .................. Computer Charges ..................... Real Estate Rentals .................... Per Diem, Fees and Contracts ... Telecommunications .................... Utilities ............................... Postage ............................... AFDC Benefits ......................... Grants to County DFACS--Operations WIN Benefits .......................... Benefits for Child Care ................. SSI-- Supplement Benefits .............. Utilization Adjustment ................. Total Funds Budgeted ................. Indirect DOAS Services Funding ........ State Funds Budgeted .................

Family and Children Services Functional Budgets

Refugee Benefits AFDC Payments SSI--Supplement Benefits Energy Benefits County DFACS Operations-
Social Services County DFACS Operations--
Homemaker 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 Management District Administration Program Planning, Development,
and Training Management Information Systems Child Development Administration Indirect Cost Work Incentive Benefits Legal Services Family Foster Care Institutional Foster Care Specialized Foster Care Adoption Supplement

Total Funds

$ 1,104,936

$ 237,079,440

$

20,000

$ 16,026,500

$ 38,073,464

$ 5,283,806

$ 57,829,848

$ 36,768,293 $ 2,512,000

$

230,611

$

532,543

$ 4,875,190

$ 3,220,157

$ 7,395,831

$ 13,419,303

$ 1,002,765

$

-- 0--

$ 4,020,594

$

700,000

$ 15,034,474

$ 2,932,380

$

337,700

$ 1,109,230

.......$ 673,000 ...... . $ 132,000 ... $ 11,090,000 .... $ 227,000 .... $ 31,997,000 .......$ 972,000 .........$ 7,000 .......$ 949,000 . ... $ 237,079,440 ....$ 138,186,022 ..,....$ 886,594 .....$ 19,745,784 ........ $ 20,000 ......$ (913,294)
$469,843,546
. $ 177,760,540

State Funds

$

-- 0--

$ 80,488,470

$

20,000

$

--0--

$ 15,083,519

$ 4,702,406

$ 28,782,087

$ 18,014,890

$

-- 0--

$

230,611

$

532,543

$ 3,539,239

$ 3,220,157

$ 3,809,935

$ 7,811,953

$ 1,002,765

$ (7,375,000)

$

707,410

$

475,000

$ 9,432,180

$ 2,047,639

$

100,407

$ 1,054,848

1612

JOURNAL OF THE SENATE

Liability Insurance Day Care

$

32,700

$ 19,924,430

32,700 4,302,278

Psychiatric, Psychological and Speech Therapy

130,000

128,500

Maternity Care

50,000

50,000

Return of Runaways--County

7,000

7,000

Home Management--Contracts

172,200

44,016

Outreach--Contracts

710,030

206,866

Special Projects

221,415

221,415

Utilization Adjustment

(913,294)

(913,294)

Total

469,843,546

177,760,540

Budget Unit Object Classes:

Personal Services. ........

.$ 138,089,216

Regular Operating Expenses ......................................$ 76,468,056

Travel ..........................................................$ 3,383,110

Motor Vehicle Equipment Purchases ..,.............................$ 123,000

Publications and Printing ................................$ 1,296,645

Equipment Purchases. ............................................$ 1,211,462

Computer Charges ..............................................$ 15,410,000

Real Estate Rentals ................,.............................$ 6,446,850

Telecommunications ..............................................$ 3,915,026

Per Diem, Fees and Contracts ....................................$ 86,521,856

Utilities .........................................................$ 1,177,000

Postage .........................................................$ 2,214,346

Capital Outlay .....................................................$ 24,000

Grants for Regional Intensive Infant Care ..........................$ 4,936,795

Grants for Regional Maternal and Infant Care .,....................$ 2,055,000

Crippled Children Benefits ........................................$ 6,933,116

Crippled Children Clinics ..........................................$ 518,000

Kidney Disease Benefits ..................................... . . . .. . $ 505,000

Cancer Control Benefits .................,,.......................$ 2,388,000

Benefits for Medically Indigent

High-Risk Pregnant Women and Their Infants ....................$ 5,113,000

Family Planning Benefits ............,............................,$ 302,000

Benefits for Midwifery Program ...............................$ 1,325,000

Grant-In-Aid to Counties .,......................................$ 45,993,000

Work Incentive Benefits ...........................................$ 886,594

Benefits for Child Care ................,.........................$ 21,890,101

Grants for Nephrology Centers .....................................$ 245,000

Case Services ...................................................$ 21,648,000

E.S.R.P. Case Services ..............................................$ 50,000

SSI-Supplement Benefits ....................................$ 20,000

AFDC Benefits. ................................................$ 237,079,440

Grants to County DFACS--Operations ......,....................$ 138,186,022

Contract with Vocational

Rehabilitation Community Facilities .............................$ 5,052,515

Contract for the Purchase of

Clotting Factor for the Hemophilia Program ..................... ^ $ 300,000

Contract with the Affirmative Industries .............................$ 110,000

Institutional Repairs and Maintenance ..............................$ 132,000

Contract with Emory University

for Arthritis Research ...........................................$ 215,000

Grant for Epilepsy Program .........................................$ 67,000

MONDAY, MARCH 3, 1986

1613

Grant to Grady Hospital for Cystic Fibrosis Program .........................
Contract for Scoliosis Screening .................... Menninger Group Homes Contract--Georgia Advocacy Office, Inc. ............. Grant for Teenage Pregnancy Prevention Program Contract--Cancer Research at Emory ............... Contract--Macon-Bibb County Hospital Authority . , Contract with RCW Industries, Inc.................. Grants to Counties for Metabolic Disorders
Screening and Testing .......................... Payments to DMA ................................ Contract with Housing Alternatives Contract with Auditory Educational Clinic ......... Utilization Adjustment ...........................

. . . $ 42,000 . $ 115,000
$ 402,000 $ 215,000 $ 519,500 $ 119,000 $ 5,000,000 $ 146,000
$ 47,000 $ 6,898,000
$ 120,000 $ 105,000 5 (1,719,653)

B. Budget Unit: State Health Planning and Development ...............$ 758,540 State Health Planning and Development Budget: Personal Services..................................................$ 801,657 Regular Operating Expenses .........................................$ 35,450 Travel .............................................................$ 6,500 Publications and Printing ...,........................................$ 3,000 Equipment Purchases. ..............................................$ 21,843 Computer Charges .................................................$ 28,000 Real Estate Rentals ...............................................$ 106,000 Telecommunications ................................................$ 27,500 Per Diem, Fees and Contracts .............................,........$ 131,500 Postage ...........................................................$ 11,000 Utilization Adjustment .............................................$ (6,910) Total Funds Budgeted ............................................$ 1,165,540 Indirect DOAS Services Funding .....................................$ --0-- State Funds Budgeted .............................................$ 758,540

C. Budget Unit: Community Mental Health/

Mental Retardation Youth Services and Institutions ..............$ 356,445,060

Departmental Operations:

Personal Services....... . . ..... . . ............................ . . . $ 285,723,409

Regular Operating Expenses................. .....................$ 29,841,938

Travel ...........................................................$ 625,000

Motor Vehicle Equipment Purchases ................................$ 808,000

Publications and Printing ...........................................$ 88,000

Equipment Purchases .............................................$ 2,407,000

Computer Charges ...............................................$ 3,413,000

Real Estate Rentals .........,.....................................$ 618,000

Telecommunications ..............................................$ 2,538,000

Per Diem, Fees and Contracts ....................................$ 16,660,933

Utilities ........................................................$ 16,036,000

Postage ..........................................................I 241,000

Capital Outlay ....................................................$ 703,240

Authority Lease Rentals ..........................................$ 2,415,000

Institutional Repairs and Maintenance ................... ..........$ 2,000,000

Grants to County-Owned Detention Centers .................. ......$ 2,223,000

Reserve for Thomasville RYDC .......................................$ --0--

Reserve for Claxton RYDC

..........$ --0--

Drug Abuse Contracts ............................................$ 1,053,000

Day Care Centers for the Mentally Retarded ....

$ 60,496,800

MR Day Care Center Motor Vehicle Purchases .....................$ 1,917,000

1614

JOURNAL OF THE SENATE

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 ........................................ Community Mental Retardation Staff Community Mental Retardation Residential Services .......... Lumpkin Area Individual Living, Inc. Utilization Adjustment ..................................... Total Funds Budgeted ...................................... Indirect DOAS Services Funding ............................ State Funds Budgeted

.$ 1,604,715 $ 8,351,848
$ 568,000 $ 70,149,048
$ 348,000 $ 244,000 $ 277,000 $ 241,000
. . . $ 71,000 .$ 1,560,616 . . . $ 16,000 . $ 2,973,000 $ 15,269,817 . . . $ 33,000 $ (2,626,464) ; 528,888,900 .... $ --0-- ; 356,445,060

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

Total Funds
$ 30,181,168 $ 26,385,400

$ 21,420,279

$ 14,045,669

$ 22,019,005

$ 21,346,628 $ 102,674,375

$ 14,771,996

$ 38,631,000

$ 12,335,002

$ 14,302,932

$ 20,025,600

$ 7,902,000

$ 2,167,000

$

744,000

$

556,000

$

430,000

$

93,000

State Funds $ 19,633,168 $ 13,028,400

$ 18,938,300

$ 12,906,669

$ 17,423,005

$ 16,608,650 $ 71,898,375

$ 13,189,996

$ 20,253,000

$ 10,542,002

$ 14,031,932

$ 19,695,600

$ 7,902,000

$ 2,167,000

$

744,000

$

556,000

$

430,000

$

93,000

MONDAY, MARCH 3, 1986

1615

Purchased Services
Assessment and Classification
Outdoor Therapeutic Program
Mental Health Community Assistance
Mental Retardation Community Assistance
Central Pharmacy
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
Utilization Adjustment
Total

$ 2,589,966 $ 2,548,966

$

331,000 $

331,000

$ 1,651,500 $ 1,633,500

$ 7,105,000 $ 7,105,000

$ 2,691,000 $ 1,993,000

$

140,000 $

140,000

$ 62,413,800 $ 28,810,800 $ 9,956,563 $ 5,927,936

$

568,000 $

568,000

$

348,000 $

185,000

$ 1,053,000 $ 1,053,000

$ 70,149,048 $ 32,451,500

$ 1,560,616 $ 1,497,616

$

244,000 $

244,000

$ 1,503,000 $

630,000

$

241,000 $

241,000

$

277,000 $

277,000

$

315,000 $

--0--

$ 2,973,000 $ 2,703,000

$ 15,269,817 $ 10,586,109

$

33,000 $

33,000

$

71,000

$ (2,626,464)

$ 528,888,900

$

71,000

$ (2,626,464)

$ 356,445,060

Section 27. Department of Industry and Trade. A. Budget Unit: Department of Industry and Trade ..................$ 14,640,146
State Operations Budget: Personal Services............................................ $ 5,663,251 Regular Operating Expenses.................................. . . $ 741,000 Travel ..................................................... . . $ 312,000 Motor Vehicle Equipment Purchases .......................... Publications and Printing .................................... . $ 324,000 Equipment Purchases. ....................................... . . $ 63,600 Computer Charges .......................................... . . $ 148,000 Real Estate Rentals ......................................... . $ 461,500 Telecommunications ......................................... . . $ 163,000 Per Diem, Fees and Contracts ................................ . . $ 248,000

1616

JOURNAL OF THE SENATE

Postage ..........................................................$ 181,000

Local Welcome Center Contracts .......,...........................$ 165,000

Advertising ......................................................$ 3,490,000

Georgia Ports Authority--

Authority Lease Rentals ........................................$ 2,735,000

Georgia Ports Authority--

General Obligation Bond Payments .............................$ 23,288,000

Historic Chattahoochee Commission Contract ......................... $ 60,000

Atlanta Council for International Visitors ............................ $ 25,000

Waterway Development in Georgia ...................................$ 50,000

Georgia Music Week Promotion .........$ 35,000

Georgia World Congress Center

Operating Expenses ...............................................$ --0--

Contract--Georgia Association of Broadcasters ................ ........$ 53,000

Southern Center for International Studies ............................ $ 25,000

Capital Outlay ...................................,................$ 575,000

Contract--Lanier Regional Committee ....

$ --0--

Utilization Adjustment ............................................$ (78,500)

Total Funds Budgeted ...........................................$ 38,727,851

State Funds Budgeted ...........................................$ 14,640,146

Department of Industry and Trade Functional Budgets

Total Funds

State Funds

Administration

$ 29,126,432 $ 5,038,727

Economic Development

$ 3,846,114 $ 3,846,114

Tourist

$ 5,833,805 $ 5,833,805

Utilization Adjustment

$

(78,500) $

(78,500)

Total

$ 38,727,851 $ 14,640,146

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 .........................

Authorities Functional Budgets

Total Funds

Georgia World Congress Center

$ 12,259,275

Georgia Ports Authority

$ 61,763,371

Total

$ 74,022,646

.........$ --0--
......$ 32,597,003 ... $ 12,302,025
.....$ 547,664 ..........$ --0-- .......$ 160,896
.... $ 50,000 . . . . $ 608,000 .... $ 134,810 .... $ 442,919 ... $ 1,755,377 ......$ 16,415,000 ......$ 1,564,000 .... $ 5,498,955
.....$ 1,945,997 .....$ 74,022,646
... $ --0--

State Funds

$

-- 0--

$

-- 0--

$

-- 0--

MONDAY, MARCH 3, 1986

1617

Section 28. 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 ............................. Utilization Adjustment ................................... Total Funds Budgeted .................................... State Funds Budgeted ....................................

Department of Insurance Functional Budgets

Total Funds

Internal Administration

1,305,897

Insurance Regulation

2,081,625

Industrial Loans Regulation

520,152

Information and Enforcement

1,444,547

Fire Safety and Mobile Home Regulations

3,942,604

Utilization Adjustment

(79,210)

Total

9,215,615

Section 29. 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 Treasury.......... Utilization Adjustment .............. Total Funds Budgeted ............... State Funds Budgeted ...............

Department of Labor Functional Budgets

Total Funds

Executive Offices

$ 5,865,904

Administrative Services

$ 10,994,966

Unemployment Insurance

$ 7,736,403

$ 8,089,615
.$ 7,551,126 . $ 397,200
$ 208,000 $ 106,000 $ 135,000 ... $ 51,635 $ 199,163 . $ 470,000 $ 143,700 . . . $ 33,001 . $ (79,210) $ 9,215,615 $ 8,089,615

State Funds
1,305,897 1,976,625
520,152 1,444,547
2,921,604 (79,210)
8,089,615
. $ 6,445,347
$ 58,650,000 . $ 3,230,000 . . . $ 968,000 .....$ --0-- . . . . $ 36,000 . . . $ 301,000
$ 2,459,000 . $ 2,255,000 $ 1,158,000 .$ 56,388,000 ..$ 1,747,000 $ 1,000,000 ... $ 260,000
$ 400,000 . . . $ (41,653) $ 128,810,347 . . $ 6,445,347

State Funds

$ 1,983,169

$

912,202

$

4,209

1618

JOURNAL OF THE SENATE

Employment Services Field Services Job Training Partnership Utilization Adjustment Total

3,912,294 47,062,346 53,280,087
(41,653) 128,810,347

Section 30. Department of Law. Budget Unit: Department of Law............ Attorney General's Office Budget: Personal Services......................... Regular Operating Expenses............... Travel .................................. Motor Vehicle Equipment Purchases ....... Publications and Printing ................. Equipment Purchases .................... Computer Charges ....................... Real Estate Rentals ...................... Telecommunications ...................... Per Diem, Fees and Contracts ............. Books for State Library .................. Capital Outlay Utilization Adjustment ................... Total Funds Budgeted .................... State Funds Budgeted ....................

Section 31. Department of Medical Assistance. Budget Unit: Medicaid Services ............. Departmental Operations Budget: Personal Services......................... Regular Operating Expenses............... Travel .................................. Motor Vehicle Equipment Purchases ....... Publications and Printing ................. Equipment Purchases .................... Computer Charges ....................... Real Estate Rentals ...................... Telecommunications ...................... Per Diem, Fees and Contracts ............. Postage ................................. Medicaid Benefits ........................ Payments to Counties for Mental Health Audits Contracts ......................... Utilization Adjustment ................... Total Funds Budgeted .................... State Funds Budgeted ....................

Medical Assistance Functional Budgets

Commissioner's Office Program Management Administration Operations Program Integrity Benefits

Total Funds

$

690,347

$ 13,885,911

$ 2,706,539

$ 11,013,624

$ 3,048,097

$ 932,165,044

344,323
3,243,097 --0--
(41,653) 6,445,347
. . . $ 6,503,719
$ 5,808,712 . . . . $ 290,100
$ 127,000
.....$ 38,000 .....$ 28,000 . . . . $ 127,899
$ 315,000 .....$ 95,000 .....$ 45,000 . . . . $ 110,000 ......$ --0-- . . $ (61,092)
$ 6,923,619 . . . $ 6,503,719

.$ 288,501,878
. . . $ 8,046,034 . . . . $ 267,000 . . . . $ 168,000 ......$ --0-- ... $ 52,000 .....$ 97,062 . . . $ 9,102,422 . ... $ 798,000
$ 383,000 . .$ 11,058,000 .....$ 88,000 $ 918,965,044
$ 13,200,000 . . .$ 1,285,000 . . . . $ (73,353) .$963,436,209 $ 288,501,878

State Funds

$

345,342

$ 2,169,444

$

794,514

$ 2,769,624

$ 1,313,919

$ 281,182,388

MONDAY, MARCH 3, 1986

1619

Utilization Adjustment Total

$

(73,353)

$ 963,436,209

$

(73,353)

$ 288,501,878

Section 32. Merit System of Personnel Administration.

Budget Unit: Merit System of Personnel Administration

Agency Assessments ..................................... ......$ 6,387,222

Departmental Operations Budget:

Personal Services ........................................... ......$ 4,984,695

Regular Operating Expenses

.......$ 143,990

Travel .................................................... ........$ 67,950

Motor Vehicle Equipment Purchases ......................... .........$ --0--

Publications and Printing ................................... .......$ 182,250

Equipment Purchases ...................................... ........$ 30,805

Computer Charges ......................................... ......$ 1,612,307

Real Estate Rentals ........................................ .......$ 685,737

Telecommunications ........................................ ........$ 76,450

Per Diem, Fees and Contracts ............................... .....$ 28,092,631

Postage ................................................... ... $ 179,240

Health Insurance Payments ................................. . ...$ 254,557,620

Total Funds Budgeted ...................................... .$ 290,613,675

Agency Assessments ........................................ ......$ 6,387,222

Employee and Employer Contributions ....................... . . . .$ 284,190,116

Deferred Compensation ..................................... ....... . $ 36,337

Merit System Functional Budgets

Total Funds

State Funds

Applicant Services

$ 1,871,082 $

-- 0--

Classification and Compensation

$

836,325 $

-- 0--

Program Evaluation and Audit

$

646,545 $

-- 0--

Employee Training and Development

$ 1,036,547 $

-- 0--

Health Insurance Administration

$ 7,902,764 $

-- 0--

Health Insurance Claims

$ 276,025,822 $

-- 0--

Internal Administration

$ 1,177,381 $

-- 0--

Commissioner's Office

$ 1,117,209 $

-- 0--

Undistributed

$

--0-- $

-- 0--

Total

$ 290,613,675 $

-- 0--

Section 33. Department of Natural Resources.

A. Budget Unit: Department of Natural Resources ............... .....$ 60,966,213

Operations Budget:

Personal Services. .......................................... ... $ 42,622,183

Regular Operating Expenses ........................................$ 8,389,200

Travel ....................................................

$ 490,500

Motor Vehicle Equipment Purchases ......................... ......$ 1,408,500

Publications and Printing ................................... .......$ 552,500

Equipment Purchases .............................................$ 1,163,500

Computer Charges .........................................

$ 410,500

Real Estate Rentals ........................................ ......$ 1,486,196

Telecommunications ........................................ .... $ 832,180

Per Diem, Fees and Contracts ......................................$ 1,020,500

Postage .................................................. ...... . $ 357,300

Land and Water Conservation Grants ....................... ......$ 3,000,000

Recreation Grants .......................................... ....... $ 443,000

1620

JOURNAL OF THE SENATE

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 ..........................$ 1,462,000 Capital Outlay--Shop Stock--Parks ............... .................$ 300,000 Capital Outlay--Heritage Trust ....................................$ 535,000 Authority Lease Rentals ...........................................$ 915,000 Cost of Material for Resale ........................................$ 1,310,00 Payments to Lake Lanier Islands
Development Authority ................................ . . ..... . . . $ 513,000 Contract--Special Olympics, Inc. ...................................$ 206,000 Georgia Sports Hall of Fame .......................................$ 300,000 Capital Outlay--Heritage
Trust--Wildlife Management Area Land Acquisition ...........................................$ 400,000
Capital Outlay--User Fee Enhancements--Parks ................... ^. .................. .^ .$ 1,300,000
Capital Outlay--Buoy Maintenance ..................................$ 20,000
Capital Outlay--Consolidated Maintenance--Game and Fish ....................................$ 250,000
Technical Assistance Contract ......................................$ 125,000 Capital Outlay ....................................................$ 112,000 Contract--Georgia Rural Water Association........................... $ 10,000 Grant--The Hay House ..............................................$ --0-- Lanier Regional Committee ......................................... ^ 13,000 Contract--Corps of Engineers
(Cold Water Creek St. Park) .....................................$ 188,000 Contract--Corps of Engineers
(Tybee Beach Restoration) .......................................$ 800,000 Advertising and Promotion .........................................$ 100,000
Payment to Georgia Agricultural Exposition Authority .................................$ 250,000
Historic Preservation Grant ..........................................$ --0-- Payment to Jekyll
Island State Park--Capital Outlay ................................$ 400,000 Payment to Stone Mountain
Memorial Association--Capital Outlay ............................$ 900,000 Environmental Facilities Grants ...................................I 8,000,000 Non-Game Wildlife Hahitat Fund ..................................$ 150,000 Georgia Boxing Commission ..........................................$ 5,000 Utilization Adjustment ...........................................$ (413,190) Total Funds Budgeted ...........................................$ 80,726,869
Receipts from Jekyll Island State Park Authority .........................................,...$ 53,750
Receipts from Stone Mountain Memorial Association ............................................$ 315,000
Indirect DOAS Funding .............................................$ --0-- State Funds Budgeted ...........................................$ 60,966,213

Department of Natural Resources Functional Budgets

Total Funds

State Funds

Internal Administration

$ 7,519,764 $ 7,151,014

Game and Fish

$ 21,756,705 $ 18,840,014

Parks, Recreation and Historic Sites

$ 26,805,173 $ 14,202,042

MONDAY, MARCH 3, 1986

1621

Environmental Protection Coastal Resources

23,754,071 1,304,346

Utilization Adjustment Total

(413,190) 80,726,869

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............................... Boat Replacement Expense Payments to the Department of Natural Resources ........................... Mortgage Payments .............................. Total Funds Budgeted ............................ State Funds Budgeted ............................

Authorities Functional Budgets

Total Funds

Lake Lanier Islands Development Authority
Jekyll Island State Park Authority
Georgia Agricultural Exposition Authority
Stone Mountain Memorial Association
Total

$ 3,640,800

$ 6,477,350

$

250,000

$

900,000

$ 11,268,150

Section 34. Board of Postsecondary Vocational Education. 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 ................................

19,950,987
I,235,346
(413,190)
60,966,213
... $ --0--
$ 5,733,850 $ 3,425,200
$ 68,000 $ 39,000 $ 104,000 . . $ 44,200 $ 20,000 $ 13,950 $ 119,000 $ 191,000 $ 1,300,000 . . . $ --0-- $ 156,200
. . $ 53,750 ... $ --0-- II,268,150 ... $ --0-

State Funds

$

-- 0--

$

--0--

$

--0--

$

--0--

$

-- 0--

. $ 83,784,079
$ 7,604,431 $ 1,298,545 . $ 94,700
$ 29,000 $ 43,720 . $ 289,100 $ 259,400 . $ 222,450 $ 89,150 . $ 947,000 $ 928,900 ... $ --0-- 70,618,700

1622

JOURNAL OF THE SENATE

Junior College Program ................................... Teacher's Health Insurance ............................... Quick Start.............................................. Teacher's Retirement..................................... Capital Outlay ........................................... Utilization Adjustment ................................... Total Funds Budgeted .................................... State Funds Budgeted ....................................

Board of Post Secondary Functional Budgets

Total Funds

State Operations

$ 87,844,626

North Georgia VocationalTechnical School

i 4,632,135

South Georgia VocationalTechnical School

i 3,678,930

Utilization Adjustment

i

(66,273)

Total

i 96,089,418

Section 35. 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 .................. Utilization Adjustment .................... Total Funds Budgeted ..................... Indirect DOAS Service Funding ............ State Funds Budgeted .....................

Public Safety Functional Budgets

Total Funds

Administration

6,847,000

Driver Services

14,113,847

Field Operations

41,511,000

Utilization Adjustment

(615,731)

Total

61,856,116

B. Budget Unit: Units Attached for Administrative Purposes Only ..............................
Attached Units Budget: Personal Services............................. Regular Operating Expenses...................

. $ 2,570,625 . $ 1,852,850 . $ 2,800,000
$ 6,507,120 .....$ --0-- . . . $ (66,273) $ 96,089,418 . $ 83,784,079
State Funds $ 77,326,077
$ 3,571,235
2,953,040 (66,273) 83,784,079
$ 61,810,216
$ 44,932,526 $ 6,105,800 . $ 128,000 $ 3,676,214
$ 680,000 . $ 596,095 $ 3,116,512 . . $ 13,000 . . $ 774,200 . $ 182,000 .$ 1,022,500
$ 215,000 $ 180,000 $ 850,000 .$ (615,731) $ 61,856,116
. $ 61,810,216
State Funds 6,847,000 14,067,947 41,511,000 (615,731) 61,810,216
. . $ 9,834,239
. . $ 4,505,960 . $ 1,917,671

MONDAY, MARCH 3, 1986

1623

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 ............. Utilization Adjustment Total Funds Budgeted .............. State Funds Budgeted

Attached Units Functional Budgets

Office of Highway Safety
Georgia Peace Officers Standards and Training
Police Academy
Fire Academy
Georgia Firefighters Standards and Training Council
Organized Crime Prevention Council
Georgia Public Safety Training Facility
Utilization Adjustment
Total

Total Funds $ 3,918,000
$ 3,621,665 1,281,691 835,000
396,000
294,000
3,920,901 (77,818)
$ 14,189,439

Section 36. 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 37. 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 ....................... Utilization Adjustment .............................

$ 145,600 $ 116,500 . . $ 54,500 . $ 124,950 $ 244,300
$ 87,000 . $ 215,846
$ 1,022,730 $ 37,200
$ 2,295,000 $ 3,500,000 . $ (77,818) 14,189,439
$ 9,834,239

State Funds 214,000

$ 3,605,465

$ 1,236,691

$

748,000

$

396,000

$

294,000

$ 3,417,901

$

(77,818)

$ 9,834,239

.$ 12,481,584
... $ 194,084 $ 12,287,500 $ 12,481,584 $ 12,481,584
. $ 5,996,462
$ 4,599,374 . $ 237,641
$ 137,000 . $ 86,000 . $ 24,000
$ 38,450 . $ 167,157
$ 249,000 . $ 112,000
$ 855,000 $ (59,160)

1624

JOURNAL OF THE SENATE

Total Funds Budgeted ............................................$ 6,446,462 State Funds Budgeted .......$ 5,996,462

Public Service Commission Functional Budgets

Total Funds

State Funds

Administration

$ 1,119,737 $ 1,119,737

Transportation

$ 2,124,135 $ 1,768,585

Utilities

$ 3,261,750 $ 3,167,300

Utilization Adjustment

$

(59,160) $

(59,160)

Total

$ 6,446,462 $ 5,996,462

Section 38. Regents, University System of Georgia.

A. Budget Unit: Resident Instruction ...............................$ 592,479,734

Resident Instruction Budget:

Personal Services:

Educ., Gen., and Dept. Svcs ...................................$ 604,701,041

Sponsored Operations .........................................$ 72,000,000

Operating Expenses:

Educ., Gen., and Dept. Svcs. ..................................$ 172,576,898

Sponsored Operations .........................................$ 80,000,000

Office of Minority Business Enterprise ....

$ 295,513

Special Desegregation Programs ....................................$ 330,702

Authority Lease Rentals .........................................$ 15,589,169

Research Consortium .............................................$ 5,100,000

Eminent Scholars Program ...................... . . .... . . ...........$ 500,000

Total Funds Budgeted ..........................................$ 951,093,323

Departmental Income ............................................$ 23,000,000

Sponsored Income ..............................................$ 152,000,000

Other Funds ...................................................$ 183,613,589

Indirect DOAS Services Funding ........$ --0--

State Funds Budgeted ..........................................$ 592,479,734

B. Budget Unit: Regents Central Office and Other Organized Activities .....................................................$ 120,129,390
Regents Central Office and Other Organized Activities Budget: Personal Services: Educ., Gen., and Dept. Svcs. ................. . . ...............$ 156,906,499 Sponsored Operations .........................................$ 49,528,203
Operating Expenses: Educ., Gen., and Dept. Svcs. ...................................$ 68,831,395 Sponsored Operations . .... . . ... . . ............................ . $ 22,261,427
Fire Ant and Environmental Toxicology Research .........$ 254,661 Agricultural Research .............................................$ 1,535,240 Advanced Technology Development Center ..........................$ 992,043 Capitation Contracts for
Family Practice Residency ......................................$ 2,580,000 Capital Outlay--ETMH .............................................$ --0-- Residency Capitation Grants ......................................$ 2,381,730 Student Preceptorships ............................................$ 158,000 Center for Rehabilitation Technology ...............................$ 538,375 SREB Payments .................................................$ 6,481,600 Medical Scholarships ..............................................$ 611,750 Regents Opportunity Grants .......................................$ 600,000 Regents Scholarships ..............................................$ 200,000 Equipment--Agricultural
Experiment Stations .............................................$ 200,000

MONDAY, MARCH 3, 1986

1625

Rental Payments to Georgia Military College .................. .... $ 608,124

Total Funds Budgeted ....................................... $ 314,669,047

Departmental Income........................................ ... $ 1,932,626

Sponsored Income

.................

$ 71,789,630

Other Funds ................................................ . . .$ 120,817,401

Indirect DOAS Services Funding

........$ --0--

State Funds Budgeted ....................................... . $ 120,129,390

Regents Central Office and Other Organized Activities Functional Budgets

Marine Resources Extension Center Skidaway Institute of Oceanography 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

Total Funds $ 1,491,788 $ 2,983,423 $ 1,498,698 $ 81,320,874 $ 3,526,187 $ 44,031,172 $ 42,480,465 $ 110,920,545 $ 2,574,951 $ 2,101,034 $ 5,439,370 $ 1,387,911

$ 1,894,000

$ 13,018,629

$

--0--

$ 314,669,047

State Funds

$

981,988

$ 1,275,423

$

750,350

$ 9,759,710

$ 1,772,937

$ 28,176,427

$ 27,412,798

$ 28,560,361

$ 2,574,951

$

406,446

$ 5,439,370

13,018,629 --0--
120,129,390

C. Budget Unit: Georgia Public Telecommunications Commission .......$ 5,607,931 Public Telecommunications Commission Budget: Commission Budget: Personal Services: Educ., Gen., and Dept. Svcs. ........ . . ................... . . .....$ 4,265,020 Operating Expenses: Educ., Gen., and Dept. Svcs. ....................................$ 4,955,354 Total Funds Budgeted ............................................$ 9,220,374 State Funds Budgeted ....................... . . ...................$ 5,607,931

Section 39. Department of Revenue. Budget Unit: Department of Revenue ...............................$ 57,914,362 Operations Budget: Personal Services ...............................................$ 35,171,600 Regular Operating Expenses .......................................$ 1,131,865 Travel ..........................................................$ 1,374,915 Motor Vehicle Equipment Purchases .................................$ 97,245 Publications and Printing .........................................$ 2,070,145 Equipment Purchases ..............................................$ 371,585 Computer Charges ...............................................$ 7,165,851 Real Estate Rentals ..............................................$ 2,008,340 Telecommunications ...............................................$ 579,775 Per Diem, Fees and Contracts ......................................$ 205,595 County Tax Officials/Retirement and FICA .........................$ 1,593,000 Grants to Counties/Appraisal Staff .................................$ 1,554,610

1626

JOURNAL OF THE SENATE

Motor Vehicle Tag Purchases ................ Motor Vehicle Decal Purchases ............... Postage .................................... Utilization Adjustment ...................... Total Funds Budgeted ....................... Indirect DOAS Services Funding ............. State Funds Budgeted .......................

Department of Revenue Functional Budgets

Total Funds

Departmental Administration

$ 4,743,181

Internal Administration

$ 6,238,912

Electronic Data Processing

$ 3,662,044

Field Services

$ 11,608,295

Income Tax

$ 6,543,842

Motor Vehicle

$ 13,140,821

Central Audit

$ 4,759,260

Property Tax

$ 3,863,395

Sales Tax

$ 3,849,741

Utilization Adjustment

$ (495,129)

Total

$ 57,914,362

......$ 2,423,750 .... $ 441,875 ......$ 2,219,340 ......$ (495,129)
.$ 57,914,362 .........$ --0-- .....$ 57,914,362
State Funds $ 4,743,181 $ 6,238,912 $ 3,662,044 $ 11,608,295 $ 6,543,842 $ 13,140,821 $ 4,759,260 $ 3,863,395 $ 3,849,741 $ (495,129) $ 57,914,362

Section 40. 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 ................................. Utilization Adjustment ...................... Total Funds Budgeted ....................... State Funds Budgeted .......................

.....$ 17,396,402 $ 11,168,596
......$ 1,502,717 ........$ 221,406
.... $ 146,677 ........$ 382,075 ........$ 175,199 ........$ 569,700 ... $ 1,802,820 ........$ 293,517 ........$ 477,518 ........ $ 500,000
$ 320,257 .......$ (164,080) ......$ 17,396,402 ......$ 17,396,402

Secretary of State Functional Budgets

Total Funds

State Funds

Internal Administration

$ 2,547,486 $ 2,547,486

Archives and Records

$ 4,116,785 $ 4,116,785

Corporations Regulation

$ 1,604,009 $ 1,604,009

Elections and Campaign Disclosure

$ 1,236,673 $ 1,236,673

Securities Regulation

$ 1,286,568 $ 1,286,568

Drugs and Narcotics

$

730,959 $

730,959

State Campaign and Financial Disclosure

142,039 $

142,039

MONDAY, MARCH 3, 1986

1627

Occupational Certification

$ 5,895,963

Utilization Adjustment

$ (164,080)

Total

$ 17,396,402

Occupational Certification Functional Budgets

Accounting Architect Athletic Trainers Auctioneers Barbers Chiropractic Construction Industry Cosmetology Dentistry Dieticians Engineers Forestry Funeral Service Geology Hearing Aid Landscape Architect Librarians Marriage and Family Therapists Medical Examiners Nursing Home Administrators Board of Nursing Dispensing Opticians Optometry Occupational Therapy Pharmacy Physical Therapy Podiatry Polygraph Examiners Practical Nursing Private Detective Psychologists Recreation Sanitarian Speech Pathology Used Car Dealers Used Car Parts Veterinary Wastewater Total

Board Costs

$ 197,605

$

55,960

$

736

$

6,022

$

9,120

$

13,040

$

65,960

$

33,660

$

53,955

$

12,945

$

54,440

$

3,451

$

18,770

$

3,157

$

4,297

$

12,129

$

2,399

$

30,460

$ 141,670

$

11,025

$

62,180

$

5,387

$

13,610

$

8,920

$

75,363

$

16,350

$

4,105

$

6,319

$

48,420

$

11,720

$

13,191

$

5,270

$

3,795

$

5,375

$

13,510

$

8,305

$

39,615

$

6,160

$ 1,078,396

B. Budget Unit: Real Estate Commission Real Estate Commission Budget: Personal Services. .................... Regular Operating Expenses ........... Travel .............................. Motor Vehicle Equipment Purchases . . . Publications and Printing ............. Equipment Purchases. ................ Computer Charges ...................

$ 5,895,963 $ (164,080) $ 17,396,402

Cost of Operations

$

349,303

$

122,571

$

3,066

$

31,799

$

134,965

$

76,790

$

397,133

$

653,366

$

268,581

$

22,270

$

287,217

$

27,041

$

182,374

$

16,584

$

13,022

$

22,437

$

16,366

$

85,482

$

1,060,965

$

52,470

$

748,600

$

39,668

$

32,981

$

16,332

$

426,254

$

45,510

$

13,407

$

23,625

$

425,737

$

274,618

$

56,724

$

22,342

$

17,739

$

20,648

$

131,681

$

30,652

$

97,115

$

101,427

$

6,348,862

$ 1,155,050

. $ 709,000 $ 115,000
. ... $ 13,000 . . . . $ 16,000
. $ 26,000 .... $ 8,000 . . . $ 128,500

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JOURNAL OF THE SENATE

Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Utilization Adjustment Total Funds Budgeted State Funds Budgeted
Real Estate Commission Functional Budget

Real Estate Commission

State Funds 1,155,050

. . . $ 44,000 . . . $ 17,000
$ 90,000 ..$ (11,450) .$ 1,155,050 . $ 1,155,050
Cost of Operations
1,207,000

Section 41. 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........................................

Utilization Adjustment .......................................

Total Funds Budgeted ........................................

State Funds Budgeted ........................................

.$ 17,646,000
$ 2,855,000 $ 197,000
. . . . $ 52,000 .....$ --0--
$ 78,000 . . . . $ 24,000
. $ 249,000 $ 88,000
. . . . $ 17,000 . $ 381,000 $ 3,325,000
$ 11,130,500 $ 4,790,500 ... $ 34,000 . . . $ 128,000
$ 240,000 $ 166,000 .....$ --0-- .....$ --0-- . $ 23,755,000 .$ 17,646,000

Georgia Student Finance Commission Functional Budgets

Internal Administration
Higher Education Assistance Corporation

Total Funds $ 3,560,000
381,000

State Funds

$

_0_

$

361,000

Georgia Student Finance Authority
Utilization Adjustment

19,814,000 $ 17,285,000

--0-- $

_0_

Total

23,755,000 $ 17,646,000

Section 42. 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 .........................

... $ 940,288
. . . $ 631,598 . $ 58,000
... $ 50,000
. . . . $ 22,000

MONDAY, MARCH 3, 1986

1629

Equipment Purchases. ...............................................$ 4,000 Computer Charges ..................................................$ 2,000 Real Estate Rentals ................................................ 9 33,000 Telecommunications ................................................$ 18,120 Per Diem, Fees and Contracts ......................................$ 131,000 Utilization Adjustment .............................................$ (9,430) Total Funds Budgeted .............................................$ 940,288 State Funds Budgeted .............................................$ 940,288

Section 43. Teachers' Retirement System. Budget Unit: Teachers' Retirement System ..........................$ 11,986,606 Departmental Operations Budget: Personal Services.................................................$ 2,111,000 Regular Operating Expenses .........................................$ 72,000 Travel ............................................................$ 25,000 Motor Vehicle Equipment Purchases ..................................$ --0-- Publications and Printing ...........................................$ 54,000 Equipment Purchases ................................................$ 7,000 Computer Charges ................................................$ 730,000 Real Estate Rentals ...............................................$ 186,000 Telecommunications ................................................$ 57,000 Per Diem, Fees and Contracts ......................................$ 279,000 Postage ...........................................................$ 88,000 Cost-of-Living Increases for Local Retirement System Members ..............................$ 1,950,000 Floor Fund for Local Retirement Systems ..........................$ 1,180,000 Post Retirement Benefit Increases .................................$ 8,856,606 Total Funds Budgeted ...........................................$ 15,595,606 State Funds Budgeted ...........................................$ 11,986,606

Section 44. Department of Transportation. Budget Unit: Department of Transportation .......
For Public Roads and Bridges, for Grants to Counties for Road Construction and Maintenance, and for other transportation activities.
Departmental Operations Budget: Personal Services............................... Regular Operating Expenses..................... Travel ........................................ Motor Vehicle Equipment Purchases .......... Publications and Printing ....................... Equipment Purchases. .......................... Computer Charges ............................. Real Estate Rentals ............................ Telecommunications ............................ Per Diem, Fees and Contracts ................... Capital Outlay ................................. Grants to Counties ............................. 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 ..........................

.$ 449,844,870
$ 172,918,800 $ 47,913,019 . . $ 1,461,200 . . $ 1,001,500 ... $ 855,800 . . $ 2,969,120 . . $ 2,458,041 . $ 1,082,103 ..$ 1,774,400 .$ 13,712,700 $ 565,099,144 . $ 9,317,013 . . $ 9,317,000 .....$ --0--
. $ 7,426,563 . . . $ 630,000
. $ 5,570,000

1630

JOURNAL OF THE SENATE

Utilization Adjustment Total Funds Budgeted State Funds Budgeted .

Department of Transportation Functional Budgets

Total Funds

Motor Fuel Tax Budget Planning and Construction Maintenance and Betterments Facilities and Equipment Assistance to Counties Administration Undistributed Total

$ 588,637,462

$ 196,937,510

$ 4,663,200

$ 9,317,013

$ 16,937,129

$

--0--

$ 816,492,314

General Funds Budget Grants to Municipalities Paving at State and
Local Schools and State Institutions Paving at State Parks
and Historic Sites Air Transportation Inter-Modal Transfer Facilities Harbor Maintenance Facilities Utilization Adjustment Contract with Department
of Public Safety Total

$ 9,317,000

$

-- 0--

$ 1,790,376

$ 9,206,713

$ 6,200,000

$

(20,377)

$

500,000

$ 26,993,712

Section 45. Department of Veterans Service. Budget Unit: Department of Veterans Service Departmental Operations Budget: Personal Services. ........................ Regular Operating Expenses............... Travel .................................. Motor Vehicle Equipment Purchases ....... Publications and Printing ................. Equipment Purchases. .................... Computer Charges ....................... Real Estate Rentals ...................... Telecommunications ...................... Per Diem, Fees and Contracts ............. Capital Outlay ........................... Postage ................................. Operating Expense/Payments to Central State Hospital.................. Operating Expense/Payments to Medical College of Georgia .............. Regular Operating Expenses for Projects and Insurance .............. Utilization Adjustment ................... Total Funds Budgeted ....................

.....$ (20,377) $843,486,026 .$ 449,844,870

State Funds
217,080,829 189,265,029
4,000,000 9,317,013 16,337,129
--0-- 436,000,000

$ 9,317,000 --0--

$

-- 0--

$ 1,310,376

$ 2,107,871

$

630,000

$

(20,377)

$

500,000

$ 13,844,870

. . $ 15,329,247
... $ 3,838,000 ......$ 45,000 ...... $ 82,000
......$ 22,000 ......$ 97,000
$ 198,000 . $ 58,000 . $ 12,000
... $ 33,000
... $ 9,050,000
. . . . $ 4,902,097
.....$ 184,000 .... $ (43,850) . . . $ 18,477,247

MONDAY, MARCH 3, 1986

1631

State Funds Budgeted .................................... Veterans Service Functional Budgets

.$ 15,329,247

Veterans Assistance Veterans Home and
Nursing Facility--Milledgeville Veterans Nursing Home--Augusta Utilization Adjustment Total

Total Funds 4,302,000
9,246,000 4,973,097
(43,850) 18,477,247

State Funds $ 4,087,000

$ 7,429,000

$ 3,857,097

$

(43,850)

$ 15,329,247

Section 46. 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 ................................ Utilization Adjustment .................. Total Funds Budgeted ................... State Funds Budgeted ...................

$ 5,724,900
$ 4,559,080 $ 75,000
.... $ 58,000 .....$ --0--
. . . . $ 78,000 . . . . $ 30,000 . . . $ 200,000 . . . $ 528,000
$ 87,000 . . . $ 123,000 . . . . $ 80,000 . . . $ (58,180) . $ 5,759,900
$ 5,724,900

Workers' Compensation Board Functional Budgets

Administration Vocational Rehabilitation Utilization Adjustment Total

Total Funds 5,251,080 567,000 (58,180) 5,759,900

State Funds

$ 5,216,080

$

567,000

$

(58,180)

$ 5,724,900

Section 47. State of Georgia General Obligation Debt Sinking Fund.
A. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (Issued) ..............................
B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (New) ...............................

$ 234,414,490 . $ 16,097,498

Section 48. 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 49. 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.

1632

JOURNAL OF THE SENATE

Section 50. 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, $20,000 is designated and committed to permit Judges with fewer than five years of experience to attend the Judicial College.
Section 51. Provisions Relative to Section 6, Juvenile Courts. The appropriations in Section 6 (Juvenile Courts) are for the cost of operating the Council of Juvenile Court Judges created by Code Section 15-11-4.
Section 52. Provisions Relative to Section 7, Institute of Continuing Judicial Educa tion. The appropriations in Section 7 (Institute of Continuing Judicial Education) are for the cost of staffing and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132.
Section 53. Provisions Relative to Section 8, Judicial Council. The appropriations in Section 8 (Judicial Council) of this Act are for the cost of operating the Judicial Council of the State of Georgia, the Administrative Office of the Courts and the Board of Court Re porting of the Judicial Council.
Section 54. Provisions Relative to Section 13, Department of Administrative Services. Income to the Department of Administrative Services from user agencies shall not exceed the amounts listed below for each service activity except to provide general salary increases authorized for all State employees, or unless there is a corresponding fund availability, with prior budgetary approval, in the appropriate object class or classes of user agency or agen cies for which the Department provides service:
General Services ......................................................$ 570,000 Data Processing Services ............................................$ 45,363,191 Motor Vehicle Services ...............................................$ 2,465,000 Communication Services .............................................$ 33,559,000 Printing Services .....................................................$ 5,392,000
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 55. Provisions Relative to Section 14, Department of Agriculture. From the appropriation in Section 14 (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.

MONDAY, MARCH 3, 1986

1633

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 14 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 56. Provisions Relative to Section 19, State Board of Education--Department of Education. From the appropriation in Section 19 (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.
None of the State funds appropriated in Section 19 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, 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.
Provided, that of the above appropriations relative to Regional Educational Service Agencies (RESAs), Funds will be allocated to each RESA for FY86-87 on the basis of oneeighteenth of the total appropriation for each Area Planning and Development area served; provided, however, that each RESA has implemented the State Board of Education's policy concerning the composition of the Board of Control of each RESA and that each RESA has the commitments of each anticipated member system to contribute at least the same equivalent amount during FY86-87 that it contributed during FY85-86.
Provided, that for the above appropriations relative to equalization grants authorized under Code Section 20-2-165, the grants to each system which serves under contract all of the students in one or more grade levels from an adjoining school system shall be the larger of the following two amounts:
a. The equalization grant calculated as prescribed in Code Section 20-2-165 and re duced by the amount of funds transferred under contract between adjoining school systems, as prescribed by Code Section 20-2-163; or
b. The equalization grant calculated as prescribed in Code Section 20-2-165 except that all FTE student counts used in such calculations are reduced by the number of FTE stu dent counts enrolled in the receiving system under the contract with the adjoining system and the resulting amount shall not be reduced pursuant to Code Section 20-2-163.
The formula calculation for Quality Basic Education funding assumes a base unit cost of $1,155.03. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act.
Section 57. Provisions Relative to Section 20, Employees' Retirement System. The Employees' Retirement System is authorized to increase the employer contribution rate by sixteen one-hundredths of one percent of salaries to fund one and one-half per cent cost of living increases on July 1, 1986, and January 1, 1987.
Section 58. Provisions Relative to Section 21, Forestry Commission. From the Appro priation in Section 21 (Forestry Commission), $30,000 of the Ware County Grant is in-

1634

JOURNAL OF THE SENATE

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 59. Provisions Relative to Section 24, 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 24 (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 60. Provisions Relative to Section 26, Department of Human Resources. From the appropriation in Section 26 (Department of Human Resources), $150,000 is designated and committed to operate a hemophilia program in the metropolitan Atlanta area and to operate a hemophilia program in Augusta; further, $300,000 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; 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.

From the appropriation in Section 26 (Department of Human Resources), $146,000 is designated and committed to operate the RCW Industries, Inc.

From the appropriation in Section 26, 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

MONDAY, MARCH 3, 1986

1635

$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 26 (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 26 (Department of Human Resources), not less than $186,000 is committed for funding of the Community Cardiovascular Council Stroke-Screen ing Program.
From the appropriation in Section 26 (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.
It is the intent of this General Assembly that any new Midwifery program funded after July 1, 1986, must be on a contractual basis.
From the appropriation in Section 26 (Department of Human Resources), $42,406 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 tion programs be used in any manner in connection with the statewide alcohol and drug treatment services plan.
From the appropriation in Section 26 (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.

1636

JOURNAL OF THE SENATE

From the appropriation in Section 26 (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 $455, 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 26 (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 26 (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, and Gracewood State Hospital are authorized to transfer availa ble surplus funds of no more than $100,000 each to the Department of Offender Rehabilita tion to provide appropriate security coverage for inmate labor at these Hospitals.
Section 61. Provisions Relative to Section 27, Department of Industry and Trade. From the appropriation in Section 27 (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 62. Provisions Relative to Section 29, 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 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 63. Provisions Relative to Section 31, 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 31, no funds for the payment of Medi caid Benefits may be expended for the purpose of reimbursing return-on-equity for hospitals.
Section 64. Provisions Relative to Section 32, 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 $121.73 per merit system budg eted position for the cost of departmental operations.

MONDAY, MARCH 3, 1986

1637

It is the intent of this General Assembly that the employer contribution rate for health insurance for State Fiscal Year 1987 shall not exceed five and seventy-five one hundredths percent (5.75%).
Section 65. Provisions Relative to Section 33, Department of Natural Resources. No land shall be purchased for State park purposes from funds appropriated in Section 33 (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 33.
From the appropriation in Section 33 (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 33, 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.
It is the intent of this General Assembly that no portion of the above appropriation relating to Contract--Corps of Engineers (Tybee Beach Restoration) shall be expended prior to receipt of Federal matching funds.
Section 66. Provisions Relative to Section 17, 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 17 (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.
The Department of Corrections is authorized and directed to use agency funds to purchase and renovate the Labor Department facility in Gainesville, Georgia.
Section 67. Provisions Relative to Section 35, Department of Public Safety. From the appropriation in Section 35 (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 35, 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.

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JOURNAL OF THE SENATE

The Department of Public Safety is authorized to contract with the Department of Transportation for patrol duty at Department of Transportation construction sites.
Section 68. Provisions Relative to Section 38, 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 l'/2% Personal Services continuation factor incorporated into the Resident In struction appropriation in Section 38 (Regents, University System of Georgia) shall be uti lized to provide 2 1A% 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.
Provided, that from the appropriation for the Agricultural Experiment Station, $250,000 is designated and committed for a horticulture specialist in peaches, vegetables, and small fruits and a horticulture specialist in disease control in pecans and peanuts, both at the Tifton Experiment Station.
Provided, that from the appropriation for the Cooperative Extension Service, $300,000 is designated and committed for a vegetable specialist at Statesboro, a weed specialist in row crops at Tifton, a weed specialist in horticulture at Tifton, a soil and fertilizer specialist at Tifton, an animal science specialist at Griffin, and a catfish specialist at Griffin.
Section 69. Provisions Relative to Section 39, Department of Revenue. From the ap propriation in Section 39 (Department of Revenue) relating to motor vehicle tag purchases, $2,423,750 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 70. Provisions Relative to Section 41. From the appropriation in Section 41 relative to Educational Loans, an amount not to exceed $14,000 may be used to provide stipends for training recruitment, teacher and counselor personnel in health career fields and other fields for which funds are provided herein for the making of cancellable loans to students.
Designated Totals for Guaranteed Educational Loans: (Cancellable Loans)
A) Students in paramedical and other professional and educational fields of study: Not less than $1,435,000
B) Eligible members of the Georgia National Guard: Not to exceed $100,000
C) Teachers seeking special education training: Not to exceed $225,000
D) Students who are to become agricultural teachers: Not to exceed $30,000

MONDAY, MARCH 3, 1986

1639

E) Students who are to become mathematics or science teachers: Not to exceed $300,000
The appropriation in Section 41 relative to Tuition Equalization Grants provides for payment of grants of $800 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 71. Provisions Relative to Section 44, 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 44 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.
The Appropriations Act authorizes $8,878,280 in General Obligation Bonds for con struction of various projects or parts of projects on the State Highway system. It is the intent of the General Assembly that funds presently allocated to such projects or parts of projects shall be reallocated to General Fund LARP projects and the General Funds on the LARP projects shall be reallocated as follows:
Savannah Harbor Widening Project ..................................$ 4,200,000 Railroad Relocation and Grade
Separation Projects ........................................ . . . . . . $ 4,678,280
This Appropriations Act authorizes $26 million in General Obligation Bonds for con struction of various projects or parts of projects in the State Highway System. It is the intent of the General Assembly that funds presently allocated to such project or parts or such projects shall be reallocated to the Talmadge Bridge construction project.

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JOURNAL OF THE SENATE

Section 72. Provisions Relative to Section 34, Board of Postsecondary Education. None of the State funds appropriated in Section 34 may be used for the purpose of plan ning, designing, constructing, or renovating area vocational-technical schools unless said school agrees to be governed by the State Board of Postsecondary Vocational Education.
Section 73. In addition to all other appropriations for the State fiscal year ending June 30, 1987, there is hereby appropriated $3,228,000 for the purpose of providing funds for the operation of regional farmers' markets in the Department of Agriculture, and there is hereby appropriated $6,535,000 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 ($6,400,000 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 74. 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 75. 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 76. 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 interest in future audits to insure strict compliance with the intent of this General Assembly.
Section 77. 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 has 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 78. 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

MONDAY, MARCH 3, 1986

1641

by Object Class the expenditures of each activity and function contained in this Appropria tions Act.
Section 79. 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 80. No State appropriations authorized under this Act shall be used to con tinue programs currently funded entirely with Federal funds.
Section 81. 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 82. 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 83. 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 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.

1642

JOURNAL OF THE SENATE

Section 84. 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 expendi tures with the Budget Unit, and shall supersede the object classification shown in the Gov ernor'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 85. 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 86. 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 87. 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 88. Delayed Hiring Factor by Department.
Agency

Legislative Branch Department of Audits Supreme Court Court of Appeals Superior Courts Juvenile Court Institute of Continuing Judicial Education Judicial Council Judicial Qualifications Commission Council of Magistrate Court Judges Council of Probate Court Judges Council of State Court Judges Department of Administrative Services Department of Agriculture Department of Banking and Finance Department of Community Affairs Department of Corrections Department of Defense Department of Education Employees' Retirement System Georgia Forestry Commission Georgia Bureau of Investigation Georgia State Financing and Investment Commission

$

--0--

$

--0--

$

--0--

$

--0--

$

--0--

$

--0--

$

--0--

$

--0--

$

--0--

$

--0--

$

--0--

$

--0--

$

2,200

$

--0--

$

--0--

$

--0--

$ 1,609,000

$

--0--

$

--0--

$

--0--

$

--0--

$ 29,400

$

--0--

MONDAY, MARCH 3, 1986

1643

Office of the Governor Department of Human Resources "A" Department of Human Resources "B" Department of Human Resources "C" Department of Industry and Trade Department of Insurance Department of Labor Law Department Department of Medical Assistance Merit System Department of Natural Resources Board of Postsecondary Education Department of Public Safety Public Service Commission Board of Regents "C" Department of Revenue Secretary of State State Student Finance Commission Soil and Water Conservation Committee Teachers' Retirement System Department of Transportation Department of Veterans Service Board of Workers' Compensation

$ 10,200

$ 20,923

$

--0--

$

--0--

$

--0--

$

--0--

$

--0--

$

--0--

$

--0--

$

--0--

$

--0--

$

--0--

$ 585,000

$

2,140

$ 18,415

$

--0--

$

2,410

$

--0--

$

--0--

$

--0--

$

--0--

$

--0--

$

--0--

Section 89. Cost-of-Living Increases. In addition to all other appropriations for the State fiscal year ending June 30, 1987, there is hereby appropriated $142,560,926 for the purpose described herein: 1.) An increase of 4% with a $500 minimum for full-time employ ees of the Executive, Judicial and Legislative branches of State government, effective July 1, 1986; 2.) For an increase from $16,000 to $16,800 for the T-4 entrance level, with first and second year teachers to be paid as those with two years of experience and with resumption of annual increments after completion of one year experience and permanent certification, effective the following month, effective September 1, 1986; 3.) For school bus drivers and lunchroom workers, a 4% increase to be effective July 1, 1986; 4.) For University System employees, a 4% salary increase to be effective September 1, 1986 for academic contracted personnel; 5.) A 4% salary increase, effective July 1, 1986, for non-academic personnel, and fiscal year contracted personnel of the University System and employees of the Athens and Tifton Veterinary Laboratories, the Poultry Veterinary Diagnostic Laboratories, the Coop erative Extension Service and the Agricultural Experiment Station; and 6.) An increase of 4% for State officials whose salary is set by Act 755 (H.B. 262) of the 1978 Regular Session of the Georgia General Assembly, as amended, as authorized in said act, Code Section 45-74.

In addition, $4,036,171 is provided for upgrading selected classifications as recom mended by the State Merit System. All Merit System classes shall be increased by one pay grade effective July 1, 1986, with the provision that all employees will be moved to a new pay grade without increase, except where it is necessary to bring employees to the minimum step of the new pay grade. The mileage reimbursement rate shall be increased from $.20 to $.21 per mile effective July 1, 1986.

Provided, further, that no funds shall be transferred from this section without prior approval by the Legislative Budget Office.
Section 90. Provisions Relative to Section 47, State of Georgia General Obligation Debt Sinking Fund. Provided, that from the amount appropriated for the State of Georgia General Obligation Debt Sinking Fund, the amount as shown for the specific projects is specifically appropriated for the purpose shown through the issuance of not more than the amount listed in principal amount of General Obligation Debt:

Project--Principal Amount Talmadge Bridge ($26,000,000)

Debt Service $ 3,120,000

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JOURNAL OF THE SENATE

Agricultural Exposition ($14,990,000)

$ 1,648,900

Lake Lanier Islands Development

Authority Expansion ($13,600,000)

$ 1,496,000

Public Safety Training Center

dormitory ($8,000,000)

$ 880,000

Griffin and Moultrie AVT School Expansion and

Renovations ($2,900,000)

$ 319,000

Augusta Correctional Institution

Surgical Unit ($1,500,000)

$ 165,000

Atlanta Farmers Market ($1,500,000)

$ 165,000

Savannah Harbor Widening Project ($4,200,000)

$ 462,000

Meat Processing and Storage Facility ($2,080,000)

$ 230,000

LaGrange and Valdosta Railroad

Relocation ($4,678,280)

$ 514,700

G.C.I.C. and Fingerprint Computers ($7,600,000)

$ 836,000

Georgia State Land Purchase ($1,475,000)

$ 162,250

Tifton Seed Lab ($2,335,000)

$ 256,850

Augusta College Physical Education/

Gymnasium ($8,500,000)

$ 935,000

Georgia Southern Student Center ($9,500,000)

$ 1,045,000

Georgia Development Authority ($100,000)

$ 11,000

Board of Regents Capital Construction ($30,050,000)

$ 3,305,500

Department of Transportation

General Fund Projects ($3,843,000)

$ 422,730

Regent's Equipment ($1,114,250)

$ 122,568

Provided that if the Georgia State Financing and Investment Commission determines

that bonds cannot be sold for the Agricultural Exposition and the Lake Lanier Islands De

velopment Authority expansion, funds appropriated for debt service for these projects may

be used for Capital Outlay.

Provided that from the above appropriated amount for the State of Georgia General

Obligation Debt Sinking Fund, $4,096,700 is specifically appropriated for the purpose of

financing a highway construction program of the Department of Transportation by means of

the acquisition, construction, development, extension, enlargement, improvement, recon

struction and resurfacing of land, waters, property, highways, buildings, structures, equip

ment and facilities, both real and personal, necessary or useful in connection therewith,

through the issuance of not more than $34,878,280 in principal amount of General Obliga

tion Debt.

Section 91. TOTAL STATE FUND APPROPRIATIONS
State F.Y. 1987 ................................................$ 5,316,000,000
Section 92. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 93. 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 Barker

Barnes Bond

MONDAY, MARCH 3, 1986

1645

Bowen Brannon Broun of 46th Brown of 47th Bryant B"*011 Cobb CCoovleemrdaenll
Deal Dean English Engram Fincher Foster Garner

Gillis Harris Harrison Hine Holloway Horton Howard HHuugdggiinnss
Kennedy Kidd Land Langford McGill McKenzie Peevy

Perry Phillips Ray Reddish Scott of 2nd Scott of 36th ot rSt"umb, augh,
Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Brantley

Dawkins

Greene

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

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

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

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.

Senator Kidd of the 25th moved that the Senate adhere to the Senate substitute to HB 1218, and that a Conference Committee be appointed.

On the motion, the yeas were 36, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 1218.

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

Senators Hudgins of the 15th, Barker of the 18th and Reddish of the 6th.

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

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 indemnity the tax commissioner for uncol lectible checks for automobile license tags; to provide the authority for this Act.

1646

JOURNAL OF THE SENATE

The House amendment was as follows:

Amend SB 531 by striking on Page 1, lines 4 and 11, the word "indemnity" and in serting in lieu thereof the word "indemnify".

Senator Bond of the 39th moved that the Senate agree to the House amendment to SB 531.

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 o rantl6yf , ctu Broun of 46th BBruorwtonn of 47th Cobb Coverdell Dawkins Dean Engram Fincher

Foster Garner Gillis Harris Harrison
Hine Holloway Horton
,,Hud. *l. ns Huggins Kennedy Kidd Land Langford McGill

McKenzie Peevy Perry Phillips Ray
Scott of 2nd Scott of 36th Starr Stumbaugh _,at,e 6 Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Brannon Bryant Coleman

Deal English

Greene Reddish

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 531.

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

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.

Senator Stumbaugh of the 55th moved that the Senate adhere to the Senate substitute to HB 1538, and that a Conference Committee be appointed.

On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 1538.

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

Senators Stumbaugh of the 55th, Deal of the 49th and Barnes of the 33rd.

MONDAY, MARCH 3, 1986

1647

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

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 House amendment was as follows:

Amend SB 478 by striking from lines 23 through 25 of Page 1 the following:
"All notices required by this part shall be served by certified mail.",
and inserting in lieu thereof the following: "All notices required by this part relating to suspension from duty shall be served ei
ther personally or by certified mail. All notices required by this part relating to demotion or nonrenewal of contract shall be served by certified mail."
By inserting following "fourth" on line 8 of Page 2 the following:
"or subsequent".

Senator Harris of the 27th moved that the Senate agree to the House amendment to SB 478 as amended by the following amendment:

Amend the House amendment to SB 478 by striking from lines 11 and 12 of Page 1 the following:
"relating to demotion or nonrenewal of contract", and inserting in lieu thereof the following:
"relating to demotion, termination, nonrenewal of contract, or reprimand".

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

Those voting in the affirmative were Senators:

Albert Allgood Barnes Bowen
Brantley Broun of 46th Brown of 47th

Foster Garner Gillis Harris
Harrison Hjne Hort(m

Perry Phillips Ray Reddish
Scott of 2nd Scott of 36th Stumbaugh

B BCoubnrtbonn Coleman Coverdell Dawkins English Engram

Huggm. s Kennedy Kidd Land Langford Peevy

Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Baldwin

Barker

Bond

1648

JOURNAL OF THE SENATE

Brannon Deal Dean Fincher

Greene Holloway Hudgins

McGill McKenzie Starr

On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 478 as amended by the Senate.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
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.
The House substitute to SB 447 was as follows:
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 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 a new Code section, to be designated Code Section 33-9-39, 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; and
(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 multi-vehicle 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.
Senator Turner of the 8th moved that the Senate agree to the House substitute to SB 447.

MONDAY, MARCH 3, 1986

1649

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

Those voting in the affirmative were Senators:

Albert Allgood Barker Barnes Bowen Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dawkins Dean English Engram

Fincher Foster Garner Gillis Harris Harrison Hine Horton Howard Huggins Kennedy Kidd Land Langford McGill McKenzie

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

Those not voting were Senators:

Baldwin Bond Brannon

Coleman Deal Greene

Holloway Hudgins

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 447.

The following general bill of the House, having been read the third time on February 27 and committed to the Senate Committee on Transportation, and favorably reported by the committee, was put upon its passage:

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.
Senate Sponsor: Senator Harris of the 27th.

The Senate Committee on Transportation offered the following substitute to HB 1321:

A BILL
To be entitled an Act to amend Code Section 40-8-159 of the Official Code of Georgia Annotated, relating to the certification of motor vehicle emission inspection stations, so as to change the provisions relating to the fee which may be charged for an emission inspec tion; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 40-8-159 of the Official Code of Georgia Annotated, relating to the certification of motor vehicle emission inspection stations, is amended by striking para graph (3) of subsection (d) in its entirety and substituting in lieu thereof a new paragraph (3) to read as follows:
"(3) A fee of $10.00 shall be charged by each emission inspection station for perfor mance of the emission inspection and emission control equipment inspection required by this part. Such fee does not include any required maintenance. The station shall be requir-

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JOURNAL OF THE SENATE

ed to remit to the commissioner an administrative fee of 50(t, one-half of which shall be a county administrative fee, for each certificate of emission inspection issued, and the com missioner shall remit quarterly the county portion of such administrative fees to the county governing authorities of the counties wherein the inspections were performed;".
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Scott of the 36th offered the following amendment:

Amend HB 1321 by striking on Page 1, line 14, the figure $10.00 and inserting in lieu thereof the figure $8.00.

On the adoption of the amendment, the yeas were 26, nays 16, and the amendment was adopted.

Senator Barnes of the 33rd offered the following amendment:

Amend the substitute to HB 1321 offered by the Senate Committee on Transportation by adding a new Section 2 to read as follows:
"Section 2. Beginning January 1, 1987, all vehicles titled or registered in the State of Georgia shall be required to have motor vehicle inspected for emission control."
and
by renumbering Section 2 as Section 3.

On the adoption of the amendment, Senator Barnes of the 33rd called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barnes Brantley Burton Coleman

Engram Harrison Langford Peevy Phillips

Scott of 36th Tate Tolleson Tysinger Walker

Those voting in the negative were Senators:

Albert Baldwin Barker Bond Bowen BrBB,rrrooawnunnnoonofff 44j/67.ntthh
Bryant Cobb Coverdell Dawkins Deal

Dean English Foster Garner Gillis GHHTTrianereerinse
Holloway Horton Howard Huggins Kennedy

Kidd Land McGill McKenzie pe ufK,-,ceojd.jtd.t-isohuf. 2_ nd,
btarr Stumbaugh Timmons Trulock Turner

Those not voting were Senators:

Fincher

Hudgins

Ray

On the adoption of the amendment, the yeas were 15, nays 38, and the amendment offered by Senator Barnes of the 33rd was lost.

MONDAY, MARCH 3, 1986

1651

Senator Scott of the 36th offered the following amendment:
Amend the substitute to HB 1321 offered by the Senate Committee on Transportation by striking on Page 1, line 14, the figure $10.00, and inserting in lieu thereof the figure $8.00.
On the adoption of the amendment, the yeas were 21, nays 20, and the amendment was adopted.
Senator Coverdell of the 40th offered the following amendment:
Amend the substitute to HB 1321 offered by the Senate Committee on Transportation by inserting in line 5 on Page 1 immediately preceding the phrase "to repeal conflicting laws;" the following:
"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 restraints 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; to provide for other matters relative thereto;".
By redesignating Section 2 as Section 3 and by adding a new Section 2 to read as follows:
"Section 2. Code Section 40-8-76 of the Official Code of Georgia Annotated, relating to the requirements for safety belts for motor vehicles and safety restraints for children being transported in motor vehicles, is amended by adding between subsections (c) and (d) a new subsection (c.l) to read as follows:
'(c.l) (1) On and after July 1, 1986, every driver who regularly and customarily trans ports a child over three years of age but under 12 years of age in a passenger automobile, van, or pickup truck, other than one operated for hire, which is registered in this state shall, while such motor vehicle is in motion and operated on a public road, street, or highway of this state, provide for the protection of such child by the use of a safety belt. This subsec tion shall not apply to a child who has a medical condition that prevents appropriate re straint by a safety belt.
(2) It shall be unlawful for any person to fail to comply with the requirements of para graph (1) of this subsection and, upon conviction for such offense, the person shall be pun ished by a fine not exceeding $25.00.' "
On the adoption of the amendment, Senator Coverdell of the 40th called for the yeas and nays; the call was sustained, and the vote was as follows:
Those voting in the affirmative were Senators:

Albert Allgood Barker BaTMes
BBouranrntot.lney Coverdell Dawkins Deal Dean

Engram Foster Garner Greene
H.H..lanrerison Holloway Horton Howard Kidd

Land Phillips Reddish Starr
,,TStautme baugh Tolleson Turner Tysinger Walker

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JOURNAL OF THE SENATE

Those voting in the negative were Senators:

Baldwin Bowen Brannon BBrroowunn ooff 4467tthh
Bryant
Cobb
Coleman

English Gillis Harris ,,Hu^' ns
Kennedy
Langford
McGill

McKenzie Peevy Perry 0Sco.tt. of,. ,,2nd,
Scott of 36th
Timmons
Trulock

Those not voting were Senators:

Fincher

Hudgins

Ray

On the adoption of the amendment, the yeas were 31, nays 22, and the amendment offered by Senator Coverdell of the 40th was adopted.

On the adoption of the substitute, the yeas were 38, nays 8, 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 Allgood Baldwin Barker
P. 8TM 68
nBBurorutonn Cobb Coleman Coverdell Dawkins Deal

Dean English Engram Foster
Garner HG,,raererinse Hine Holloway Horton Howard Huggins

Kidd Land McGill McKenzie
Phillips SR,, ceodtdtisoh,f 36th, Starr Trulock Turner Tysinger Walker

Those voting in the negative were Senators:

Bond Brannon

Harrison Kennedy

Scott of 2nd Stumbaugh

B^oW Bryant
Gillis

Peevv Perry

Timmons Tolleson

Those not voting were Senators:

Fincher

Hudgins

Ray

On the passage of the bill, the yeas were 37, nays 16.

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

The President announced that the Senate would stand in recess from 1:06 o'clock P.M. until 1:40 o'clock P.M.

At 1:40 o'clock P.M., the President called the Senate to order.

MONDAY, MARCH 3, 1986

1653

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 1823. By Representative Coleman of the 118th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing for the election of members of the board of education of Dodge County and for the creation of education dis tricts in connection therewith (Res. Act No. 172).
HB 2000. By Representatives Lane of the lllth and Godbee of the 110th:
A bill to create a new charter for the City of Statesboro.
HB 2060. By Representative Maddox of the 7th: A bill to create a board of commissioners of Gordon County; to provide for a chairman of the board; to provide for the election, oath, bond, powers, and duties of board members and for all other related matters; to repeal a specific Act; to provide for a referendum.
HB 2062. By Representative Dixon of the 151st:
A bill to amend an Act creating a board of commissioners for Ware County, so as to provide for the governing authority of Ware County.
HB 2063. By Representatives Dover of the llth and Jamieson of the llth:
A bill to amend an Act incorporating the Town of Alto, so as to provide for staggered two-year terms for the mayor and council members; to provide for elec tions from posts by majority vote.
HB 2064. By Representatives Martin of the 60th, Jackson of the 9th, Lawson of the 9th and Wood of the 9th: A bill to amend an Act creating a new charter for the City of Buford, so as to change the corporate limits of the city.
HB 2065. By Representative Martin of the 60th: A bill to amend an Act creating a new charter for the City of Duluth, so as to change the provisions relating to the salaries of the mayor and members of the council; to change the provisions relating to the election of officers of the city; to change the provisions relating to the clerk.
HB 2067. By Representative Colwell of the 4th:
A bill to create a new charter for the City of East Ellijay, Georgia.
HB 2069. By Representative Aiken of the 21st: A bill to amend an Act authorizing the establishment of a Civil Service System in Cobb County for persons receiving salary and wages in whole or in part from Cobb County, so as to provide for the withdrawal of certain departments from inclusion under the Cobb County Civil Service System.
HB 2070. By Representative Aiken of the 21st: 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 authority of Cobb County the power to regulate and li-

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JOURNAL OF THE SENATE

cense businesses and to levy license fees and occupational taxes in the county (Res. Act No. 176).
HB 2071. By Representative Kingston of the 125th: A bill to propose the incorporation and provide a proposed charter for the City of Islands in Chatham County.
SB 592. By Senator Harrison of the 37th: A bill to amend an Act creating a new charter for the City of Acworth, so as to change the provisions relating to the election of the mayor and aldermen; to pro vide for qualifications; to provide for entrance fees; to provide for election proce dures; to provide for elections and run-off elections; to provide for staggered four-year terms of office.
SB 598. By Senator Dean of the 31st: A bill to amend an Act creating the office of tax commissioner of Polk County, so as to change the compensation of the tax commissioner.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
SB 290. By Senator Gillis of the 20th: A bill to amend an Act providing a new charter for the City of Soperton, so as to change the method of election of the members of council of the City of Soperton.
The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate:
SB 596. By Senator Trulock of the 10th: A bill to provide for the composition of the Board of Education of Decatur County; to provide for the election of members of the board from education dis tricts; to provide for filling vacancies on the board; to provide for the appoint ment of the county school superintendent by the board.
The following bills of the House were read the first time and referred to committee:
HB 1823. By Representative Coleman of the 118th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing for the election of members of the board of education of Dodge County and for the creation of education dis tricts in connection therewith (Res. Act No. 172).
Referred to Committee on Urban and County Affairs.
HB 2000. By Representatives Lane of the lllth and Godbee of the 110th: A bill to create a new charter for the City of Statesboro.
Referred to Committee on Urban and County Affairs.
HB 2060. By Representative Maddox of the 7th: A bill to create a board of commissioners of Gordon County; to provide for a chairman of the board; to provide for the election, oath, bond, powers, and duties of board members and for all other related matters; to repeal a specific Act; to provide for a referendum.
Referred to Committee on Urban and County Affairs.

MONDAY, MARCH 3, 1986

1655

HB 2062. By Representative Dixon of the 151st:
A bill to amend an Act creating a board of commissioners for Ware County, so as to provide for the governing authority of Ware County. Referred to Committee on Urban and County Affairs.
HB 2063. By Representatives Dover of the llth and Jamieson of the llth:
A bill to amend an Act incorporating the Town of Alto, so as to provide for staggered two-year terms for the mayor and council members; to provide for elec tions from posts by majority vote. Referred to Committee on Urban and County Affairs.
HB 2064. By Representatives Martin of the 60th, Jackson of the 9th, Lawson of the 9th and Wood of the 9th:
A bill to amend an Act creating a new charter for the City of Buford, so as to change the corporate limits of the city. Referred to Committee on Urban and County Affairs.
HB 2065. By Representative Martin of the 60th:
A bill to amend an Act creating a new charter for the City of Duluth, so as to change the provisions relating to the salaries of the mayor and members of the council; to change the provisions relating to the election of officers of the city; to change the provisions relating to the clerk. Referred to Committee on Urban and County Affairs.
HB 2067. By Representative Colwell of the 4th:
A bill to create a new charter for the City of East Ellijay, Georgia. Referred to Committee on Urban and County Affairs.
HB 2069. By Representative Aiken of the 21st:
A bill to amend an Act authorizing the establishment of a Civil Service System in Cobb County for persons receiving salary and wages in whole or in part from Cobb County, so as to provide for the withdrawal of certain departments from inclusion under the Cobb County Civil Service System. Referred to Committee on Urban and County Affairs.
HB 2070. By Representative Aiken of the 21st:
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 authority of Cobb County the power to regulate and li cense businesses and to levy license fees and occupational taxes in the county (Res. Act No. 176). Referred to Committee on Urban and County Affairs.
HB 2071. By Representative Kingston of the 125th: A bill to propose the incorporation and provide a proposed charter for the City of Islands in Chatham County.
Referred to Committee on Urban and County Affairs.

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JOURNAL OF THE SENATE

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

HB 1074. By Representatives Logan of the 67th, Bray of the 91st and Argo of the 68th:
A bill to amend Title 21 of the O.C.G.A., relating to elections, so as to provide certain conditions under which no person shall be deemed to have gained or lost a residence by reason of such person's presence or absence; to provide for consid eration by the registrars of an applicant's expressed intent and all attendant sur rounding circumstances relating to such intent and conduct.
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 Bowen Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell Deal Dean English

Engrain Garner Gillis Greene Harris Hine Holloway Huggins Kennedy Kidd Land McGill Perry

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

Those not voting were Senators:

Albert Bond Brannon Brantley Cobb Dawkins

Fincher Foster Harrison Horton Howard

Hudgins Langford McKenzie Peevy Scott of 36th

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

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

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

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 autho rized to conduct habeas corpus and other nonjury proceedings involving inmates

MONDAY, MARCH 3, 1986

1657

of such county correctional institution or jail in a suitable room at the institution.
Senate Sponsor: Senator Garner of the 30th.

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

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

Those voting in the affirmative were Senators:

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

English Engram Fincher Garner Gillis Greene Harris Hine Holloway 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:

Brannon
Cobb Coverdell Dawkins

Foster Harrison Horton Howard

Hudgins Kennedy (presiding) Peevy Scott of 36th

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

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

The following general bill of the House, having been committed to the Senate Commit tee on Judiciary on February 19, withdrawn on February 25 and committed to the Senate Committee on Judiciary and Constitutional Law, and favorably reported by the committee, was read the third time and put upon its passage:

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.
Senate Sponsor: Senator Greene of the 26th.

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JOURNAL OF THE SENATE

The Senate Committee on Judiciary and Constitutional Law offered the following sub stitute to HB 1696:

A BILL
To be entitled an Act to amend Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts in general, so as to provide that the base salary of each secretary of each judge of the superior courts shall be established on a pay schedule beginning at Step 1 and ending at Step 7; to change provisions relating to authori zation of superior court judges to accept and receive reimbursement for the actual expenses of continuing judicial education; to eliminate the maximum amount of such reimbursement; to provide an effective date; to repeal conflicting laws: and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts in general, is amended by striking in its entirety paragraph (1) of subsection (c) of Code Section 15-6-25, relating to the employment, status, and compensa tion of secretaries of judges of the superior courts, and substituting in lieu thereof a new paragraph (1) to read as follows:
"(1) The base annual salary of each secretary shall be established on a pay schedule beginning at Step 1 which shall be $13,956.00 annually and ending at Step 7 which shall be $18,703.00 annually. Each step within said schedule shall be equal to an amount 5 percent greater than the previous step."
Section 2. Said title is further amended by striking Code Section 15-6-32, relating to authorization of superior court judges to accept and receive reimbursement for the actual expenses of continuing judicial education, and inserting in its place a new Code Section 156-32 to read as follows:
"15-6-32. Any other law to the contrary notwithstanding, the judges of the superior courts of this state are authorized to accept and receive reimbursement for the actual ex penses of continuing judicial education within the state and out-of-state in the same manner as members of the General Assembly in attendance at conferences and meetings. Such reim bursement, whether for education within or outside the state, shall further include any tui tion fees, registration fees, or other similar expenses necessary to receive such education. All requests for attendance at educational seminars shall be submitted to the Institute of Con tinuing Judicial Education for prior approval."
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 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 Baldwin Barker Barnes Bond Bowen

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

Coverdell Dawkins Deal Dean English Engram

MONDAY, MARCH 3, 1986

1659

Fincher Gillis Greene Harris Hine Holloway Huggins Kidd Land

Langford McGill McKenzie Perry Phillips Ray Reddish Scott of 2nd

Those not voting were Senators:

Allgood Brannon Cobb Foster Garner

Harrison Horton Howard Hudgins

Starr Tate Timmons Tolleson Trulock Turner Tysinger Walker
Kennedy Peevy Scott of 3 Stumbaug

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

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

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

HB 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.

Senator Kidd of the 25th moved that the Senate adhere to the Senate substitute to HB 850, and that a Conference Committee be appointed.

On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 850.

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

Senators Kidd of the 25th, Walker of the 43rd and Brannon of the 51st.

The following resolution of the Senate was taken up for the purpose of considering the House amendment thereto:

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 House amendment was as follows:

Amend SR 281 by striking lines 9 and 10 of Page 2 and inserting a period at the end of the sentence which ends on line 8.

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JOURNAL OF THE SENATE

Senator Burton of the 5th moved that the Senate agree to the House amendment to SR 281.

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

Those voting in the affirmative were Senators:

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

English Engram Fincher Foster Garner Gillis Harris Hine Holloway Huggins 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:

Barker Bond Brannon Cobb Greene

Harrison Horton Howard Hudgins

Kennedy (presiding) McKenzie Peevy Scott of 36th

On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SR 281.

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

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.
Senate Sponsor: Senator Kidd of the 25th.

The Senate Committee on Human Resources offered the following amendment:

Amend HB 1334 by striking from lines 22 and 23 of Page 3 and lines 10 and 11 of Page 6 the following:
"hospital employees", and inserting in their place the following:
"any personnel".

On the adoption of the amendment, the yeas were 34, nays 0, and the amendment was adopted.

MONDAY, MARCH 3, 1986

1661

Senator Phillips of the 9th offered the following substitute to HB 1334:
A BILL
To be entitled an Act 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; 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 similar gifts of minors; to provide for rules and regulations; to provide for re lated matters; to amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, so as to make it unlawful for any person, firm, or corporation to buy or sell, to offer to buy or sell, or to assist another in buying or selling or offering to buy or sell a human body or a part of a human body; to provide exceptions; to provide a punishment; to provide an effective date; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 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 two new Code sections, to be designated Code Sections 44-5-149 and 44-5-150, 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

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JOURNAL OF THE SENATE

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 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.
44-5-150. (a) When a minor patient in a hospital is a suitable candidate, based on ac cepted medical standards, to make a gift of all or any part of such patient's body, the hospi tal administrator shall at the time of death of such minor patient, request in the manner provided for in subsection (b) of this Code section, any of the persons enumerated in sub section (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 minor 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 minor decedent or actual notice of opposition 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 minor decedent's body for any purpose specified in Code Section 44-5-144:
(1) The spouse, if any;
(2) Both parents;
(3) If the parents are divorced or legally separated, the custodial parent;
(4) In the absence of a custodial parent, when no contrary indications of the absent parent are known, the noncustodial parent;
(5) If there are no parents, the legal guardian; 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 minor decedent's religious beliefs, such gift of all or any part of the decedent's body shall

MONDAY, MARCH 3, 1986

1663

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 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 minor decedent. 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-

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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.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 34, nays 8, and the substitute was adopted.

Senator Kennedy of the 4th, President Pro Tempore, who was presiding, ruled that, since the substitute to HB 1334 offered by Senator Phillips of the 9th was adopted, the amendment offered by the Senate Committee on Human Resources became moot.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen 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 Huggins Kidd

Land Langford McGill McKenzie Phillips Ray Reddish Scott of 2nd Scott of 36th Stumbaugh Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Brannon Howard Hudgins

Kennedy (presiding) Peevy Perry

Starr Tate

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

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

HR 662. By Representative Martin of the 60th: Senate Sponsors: Senators Peevy of the 48th and Deal of the 49th.

A RESOLUTION Proposing an amendment to the Constitution so as to provide that no municipal or

MONDAY, MARCH 3, 1986

1665

county authority which is authorized to construct, improve, or maintain any road or street on behalf of, pursuant to a contract with, or through the use of taxes or other revenues of a county or municipal corporation shall be created by any local Act or pursuant to any general Act nor shall any law specifically relating to any such authority be amended unless the creation of such authority or the amendment of such law is conditioned upon the approval of a majority of the qualified voters of the county or municipal corporation affected voting in a referendum thereon; 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 VI, Paragraph V of the Constitution is amended by ad ding at the end thereof a new subparagraph (e) to read as follows:
"(e) No municipal or county authority which is authorized to construct, improve, or maintain any road or street on behalf of, pursuant to a contract with, or through the use of taxes or other revenues of a county or municipal corporation shall be created by any local Act or pursuant to any general Act nor shall any law specifically relating to any such author ity be amended unless the creation of such authority or the amendment of such law is con ditioned upon the approval of a majority of the qualified voters of the county or municipal corporation affected voting in a referendum thereon. This subparagraph shall not apply to or affect any state authority."
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 no municipal or county authority which is authorized to construct, improve, or maintain any road or street on behalf of, pursuant to a contract with, or through the use of taxes or other revenues of a county or municipal corporation shall be created by any local Act or pursuant to any general Act nor shall any law specifically relating to any such authority be amended unless the creation of such authority or the amendment of such law is conditioned upon the ap proval of a majority of the qualified voters of the county or municipal corpo ration affected voting in a referendum thereon?"

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 Senate Committee on Judiciary and Constitutional Law offered the following sub stitute to HR 662:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide that no municipal or county authority the primary purpose of which is to construct, improve, or maintain any road or street on behalf of, pursuant to a contract with, or through the use of taxes or other revenues of a county or municipal corporation shall be created by any local Act or pursuant to any general Act nor shall any law specifically relating to any such authority be amended unless the creation of such authority or the amendment of such law is conditioned upon the approval of a majority of the qualified voters of the county or municipal corporation af fected voting in a referendum thereon; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

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BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article III, Section VI, Paragraph V of the Constitution is amended by ad ding at the end thereof a new subparagraph (e) to read as follows:
"(e) No municipal or county authority the primary purpose of which is to construct, improve, or maintain any road or street on behalf of, pursuant to a contract with, or through the use of taxes or other revenues of a county or municipal corporation shall be created by any local Act or pursuant 4o any general Act nor shall any law specifically relating to any such authority be amended unless the creation of such authority or the amendment of such law is conditioned upon the approval of a majority of the qualified voters of the county or municipal corporation affected voting in a referendum thereon. This subparagraph shall not apply to or affect any state authority."
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 no municipal or county authority the primary purpose of which is to construct, improve, or maintain any road or street on behalf of, pursuant to a contract with, or through the use of taxes or other revenues of a county or municipal corpora tion shall be created by any local Act or pursuant to any general Act nor shall any law specifically relating to any such authority be amended unless the creation of such authority or the amendment of such law is conditioned upon the approval of a majority of the qualified voters of the county or municipal corporation affected voting in a referendum thereon?"

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.

On the adoption of the substitute to HR 662 offered by the Senate Committee on Judi ciary and Constitutional Law, the yeas were 3, nays 32, and the substitute was lost.

Senator Phillips of the 9th offered the following substitute to HR 662:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide that no municipal or county authority which is authorized to construct, improve, or maintain any road or street on behalf of, pursuant to a contract with, or through the use of taxes or other revenues of a county or municipal corporation shall be created by any local Act or pursuant to any general Act nor shall any law specifically relating to any such authority be amended unless the creation of such authority or the amendment of such law is conditioned upon the approval of a majority of the qualified voters of the county or municipal corporation affected voting in a referendum thereon; to provide that certain bonds and other obligations to finance and provide public facilities for counties, municipalities, or other political subdivisions of the state shall constitute debt of those political subdivisions and be required to be approved by the voters of those political subdivisions; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

MONDAY, MARCH 3, 1986

1667

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article III, Section VI, Paragraph V of the Constitution is amended by ad ding at the end thereof a new subparagraph (e) to read as follows:

"(e) No municipal or county authority which is authorized to construct, improve, or maintain any road or street on behalf of, pursuant to a contract with, or through the use of taxes or other revenues of a county or municipal corporation shall be created by any local Act or pursuant to any general Act nor shall any law specifically relating to any such author ity be amended unless the creation of such authority or the amendment of such law is con ditioned upon the approval of a majority of the qualified voters of the county or municipal corporation affected voting in a referendum thereon. This subparagraph shall not apply to or affect any state authority."

Section 2. Article IX, Section V, Paragraph I of the Constitution is amended by adding at the end three new subparagraphs to read as follows:

"(c) Notwithstanding subparagraphs (a) and (b) of Paragraph I of Section III of this article, revenue bonds issued or other indebtedness incurred by a public authority, agency, or corporation to provide public facilities for a county, municipality, or other political subdi vision of this state shall constitute debt of that county, municipality, or political subdivision within the meaning of this section, if that public facility or any part thereof is used for any of the following purposes:

(1) Courthouse;

(2) City hall;

(3) Administrative or governmental office;

(4) Jail;

(5) Police station;

(6) Fire station;

(7) Public health building, except as authorized in subparagraph (c) of Paragraph I of Section III of this article; or

(8) School building.

(d) Notwithstanding subparagraph (c) of this Paragraph, revenue bonds in amounts au thorized by law prior to January 1, 1987, may be issued prior to January 1, 1988, by any public authority created by general law prior to January 1, 1981, without constituting debt within the meaning of this section.

(e) Constitutional amendments continued in force and effect pursuant to Article XI, Section I, Paragraph IV and valid laws enacted pursuant to such amendments shall con tinue to be valid as long as so continued, notwithstanding the provisions of this Paragraph, and any power or authority granted by such amendments or laws shall not be limited by the provisions of this Paragraph."

Section 3. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.

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

"[ ] YES [ ] NO

Shall the Constitution be amended so as to provide that no municipal or county authority which is authorized to construct, improve, or maintain any road or street on behalf of, pursuant to a contract with, or through the use of taxes or other revenues of a county or municipal corporation shall be created by any local Act or pursuant to any general Act nor shall any law specifically relating to any such authority be amended unless the creation of such authority or the amendment of such law is conditioned upon the ap proval of a majority of the qualified voters of the county or municipal corpo-

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JOURNAL OF THE SENATE

ration affected voting in a referendum thereon so as to provide that certain bonds and other obligations to finance and provide public facilities for coun ties, municipalities, or other political subdivisions of the state shall consti tute debt of those political subdivisions and be required to be approved by the voters of those political subdivisions?"

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.

On the adoption of the substitute offered by Senator Phillips of the 9th, the yeas were 33, nays 3, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

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

Dean Engram Fincher Foster Garner Gillis Harris Harrison Hine , Holloway Horton Huggins Land McGill

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

Voting in the negative were Senators Broun of 46th and Hudgins.

Those not voting were Senators:

Allgood Barnes Coverdell English

Greene Howard Kennedy (presiding) Kidd

Langford Peevy Scott of 2nd Tate

On the adoption of the resolution, the yeas were 42, nays 2.

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

HB 1687. By Representative Thompson of the 20th:
A bill to amend Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to dentists and dental hygienists, so as to provide for the licensing of Level II dental hygienists; to provide for educational requirements; to provide for

MONDAY, MARCH 3, 1986

1669

the supervision of dental hygienists and Level II dental hygienists by licensed dentists.
Senate Sponsor: Senator Starr of the 44th.

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

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

Those voting in the affirmative were Senators:

Albert Barker Bond Brannon Brantley Broun of 46th BBrroywannt of 47th Burton
Cobb Coleman
Coverdell Dawkins

Deal Dean Engram Fincher Foster Garner GGirleliesne Mine
Holloway Horton
Huggins Land

Langford McGill McKenzie Phillips j^ Q .. t ,, , ?SCco"tt oJf 36?t.h Timmons
Tolleson Trulock
Turner Tysinger

Those not voting were Senators:

Allgood Baldwin Barnes Bowen English Harris

Harrison Howard Hudgins Kennedy (presiding) Kidd Peevy

Perry Reddish Starr Stumbaugh Tate Walker

On the passage of the bill, the yeas were 38, nays 0.

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

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.
Senate Sponsor: Senator Deal of the 49th.

The Senate Committee on Judiciary offered the following amendment: Amend HB 1471 by striking from line 18 of Page 1 the following: "declares it to be", and inserting in its place the following: ", except as provided herein, declares it is".

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

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JOURNAL OF THE SENATE

Senator Allgood of the 22nd offered the following amendment:
Amend HB 1471 by inserting on line 6 of Page 1 between "instances;" and "to" the following:
"to provide for applicability."
and
by inserting on line 2^>f Page 2 following "policy" the following:
"This subsection shall not be construed to affect any litigation pending on July 1, 1986."

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

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

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

Those voting in the affirmative were Senators:

Albert Baldwin Barker Bowen Brannon Brantley Brown of 47th Bryant Burton Cobb Coleman Coverdell Dawkins Deal

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

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

Those not voting were Senators:

Allgood Barnes Bond Broun of 46th English

Greene Harris Howard Kennedy (presiding) Langford

Peevy Perry Reddish Walker

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 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-

MONDAY, MARCH 3, 1986

1671

ize officers and personnel of magistrate courts to serve in municipal courts pursu ant to such contracts.
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 Baldwin Barker Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Coverdell Dawkins Deal Dean

Engram Fincher Foster Garner Gillis Greene Harrison Hine Holloway Horton Hudgins Huggins Kidd McGill

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

Those not voting were Senators:

Allgood Barnes Bond Cobb Coleman

English Harris Howard Kennedy (presiding) Land

Langford Peevy Perry Stumbaugh Timmons

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

HB 1300. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th, Smyre of the 92nd and Benefield of the 72nd:
A bill to make and provide appropriations for the fiscal year beginning July 1, 1986, and ending June 30, 1987.

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

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

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JOURNAL OF THE SENATE

provisions relative to such limitations on such municipalities; to provide an effec tive date.
The House substitute to SB 380 was as follows:
A BILL
To be entitled an Act to amend Article 2 of Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation by municipal corporations pursuant to 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 after a certain date; to provide for definitions in connection there with; to provide for other matters relative to the foregoing; to provide for automatic repeal on a certain date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation by municipal corporations 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

MONDAY, MARCH 3, 1986

1673

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 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) 'Assessed valuation per weighted FTE' has the meaning specified for such term by paragraph (2) of subsection (a) of Code Section 20-2-165.
(2) '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."
(3) '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;
(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; 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) No municipality shall be authorized to annex any territory pursuant to the author ity of this article until July 1, 1991.
(c) Effective July 1, 1991, this Code section shall stand repealed in its entirety."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Harrison of the 37th moved that the Senate agree to the House substitute to SB 380.

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

Those voting in the affirmative were Senators:

Albert Barker Bowen Brannon Broun of 46th

Brown of 47th Bryant Burton Cobb Coverdell

Dean Engram Fincher Foster Garner

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JOURNAL OF THE SENATE

Gillis Harris Harrison Hine Holloway Horton Hudgins Huggins

Kidd Land McGill McKenzie Peevy Phillips Ray Scott of 2nd

Scott of 36th Starr Tate Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Allgood
Baldwin BrB> oarnnd.es Brantley
Coleman

Dawkins
Deal EG,-, nregelinseh Howard
Kennedy (presiding)

Langford Perry DKejdjd-ishu
Stumbaugh Trulock

On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 380.

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

HB 1348. By Representatives Walker of the 115th, Benefield of the 72nd and Smyre of the 92nd:
A bill to amend Code Section 50-19-7 of the Official Code of Georgia Annotated, relating to reimbursement for mileage and travel expenses for public officials and employees, so as to change the mileage allowance.
Senate Sponsor: Senator Dean of the 31st.

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

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

Those voting in the affirmative were Senators:

Albert Barker Bond Bowen Brannon
^rantley, ,c.u
BBrroowunn ooff 4467tthh
BBuryrtaonnt Cobb Dawkins Dean Engram Fincher

Foster Garner Gillis Harris Harrison
2ir?,e
HHoolrltoownay
HHuugdggiinnss Kidd Langford McGill McKenzie Peevy

Perry Phillips Ray Reddish Scott of 2nd
Scott f 36th
oSt, umb, augh,
,Tiiamtemons Tolleson Trulock Turner Tysinger Walker

MONDAY, MARCH 3, 1986

1675

Those not voting were Senators:

Allgood Baldwin Barnes Coleman

Coverdell Deal English Greene

Howard Kennedy (presiding) Land Starr

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

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

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.

Senate Sponsor: Senator Broun of the 46th.

The Senate Committee on Judiciary and Constitutional Law offered the following sub stitute to HB 1476:

A BILL
To be entitled an Act 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 munici pal corporation of this state shall, unless otherwise provided in the local law relating to a particular municipal corporation, be authorized to establish and maintain a municipal court having jurisdiction over the enforcement of municipal ordinances and over such other mat ters as are by general law made subject to the jurisdiction of municipal courts; to provide that any municipal court shall, unless otherwise provided in the local law relating to a par ticular municipal court, be authorized to impose any sentence up to the maximums specified by general state law; to provide that such provisions and other provisions relating to munici pal court shall apply to all courts of municipal corporations, whether styled as a municipal court, corporate court, police court, recorder's court, or mayor's court or called by some other name; to provide for all related matters; to provide for the construction and applica bility of this Act with respect to certain actions and the use of certain records and docu ments; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to courts of municipal corporations, is amended by striking Code Section 36-32-1, relating to selection of officers to preside over municipal courts, and inserting in its place a new Code section to read as follows:
"36-32-1. (a) Each municipal corporation of this state shall, unless otherwise provided in the local law relating to a particular municipal corporation, be authorized to establish and maintain a municipal court having jurisdiction over the violation of municipal ordinances and over such other matters as are by general law made subject to the jurisdiction of munic ipal courts. Any such court shall be styled as a municipal court. Any reference in this Code or in any local law to a corporate court, police court, recorder's court, mayor's court, or any such court known by any other name which has jurisdiction over the violation of municipal offenses shall be deemed to mean a municipal court.
(b) The provisions of this chapter shall apply equally to all municipal courts, whether heretofore styled as a municipal court, corporate court, police court, recorder's court, or mayor's court or called by some other name and whether established by the municipal cor-

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poration under authority granted to the municipal corporation or established by the local law relating to a particular municipal corporation.
(c) Each municipal court of this state, unless otherwise provided in the local law relat ing to a particular municipal court, shall be authorized to impose any punishment up to the maximums specified by general law, including the maximums specified in subparagraphs (a)(2)(B) and (a)(2)(C) of Code Section 36-35-6.
(d) The governing bodies of the municipal corporations of this state having a municipal court are authorized and empowered, either by ordinance or resolution, to select, elect, or appoint either a mayor pro tempore or a recorder pro tempore to hold and preside over such municipal court in the absence or disqualification of the mayor or recorder. While presiding in such corporate courts, the mayor pro tempore or recorder pro tempore shall have such power, authority, and jurisdiction as is given by the charter of the municipal corporation to its mayor or recorder.
(e) Subsection (d) of this Code section shall not affect any municipal corporation for which provision is made in the charter for the appointment or selection of a mayor pro tempore or a recorder pro tempore."
Section 2. The provisions of this Act shall not be construed so as to affect the validity of any action or prosecution commenced on or before the effective date of this Act. Any cita tions, dockets, pleadings, forms, documents, or other records which were on hand or which had been contracted for on or before the effective date of this Act may continue to be used until such time as the supply of such records has been exhausted, notwithstanding the fact that such records refer to a corporate court, police court, recorder's court, or mayor's court or to some other name; and the use of said records shall not affect the validity of any action or prosecution.
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 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 Baldwin Barker Bond Bowen Brannon
nBroun of 4,,6thu BBrroywannt of 47th
Burton Cobb Coverdell Dawkins Deal Dean Engram

Fincher Foster Garner Gillis Greene Harri8
Hme HHoolrltoownay
Hudgins Muggins Kidd Land Langford McGill McKenzie

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

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Those not voting were Senators:

Allgood Barnes

Coleman English

Howard Kennedy (presiding)

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

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

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.
Senate Sponsors: Senators Barnes of the 33rd and Greene of the 26th.

The Senate Committee on Judiciary and Constitutional Law offered the following sub stitute to HB 1367:

A BILL
To be entitled an Act to provide for the right of jury trials in certain 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 provide for comprehensive changes in appellate procedures in probate courts and in certain courts trying traffic offenses; to amend Title 5 of the Official Code of Georgia Annotated, relating to appeal and error, so as to provide for appellate review procedures for cases appealed from the probate court; to pro vide that such appeals shall be confined to the record in certain cases; to provide for addi tions to the records of the proceedings; to provide decision-making standards for the supe rior courts; to preserve de novo appeals from the magistrate courts; to provide that certiorari shall not lie to superior court from certain probate courts; to provide for the grant of new trials by certain probate courts; to allow appeals to the Court of Appeals or Supreme Court; to require an application for appeal in certain cases originating in the probate courts; to amend Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to pro bate courts, so as to provide when jury trials shall be held in certain probate courts; to provide for demands for a trial by jury; to provide for the transfer of certain cases in which a demand for trial by jury is made; to allow jury trials of civil matters in probate courts of counties having more than 100,000 persons according to the United States decennial census of 1980 or any future such census in which the judge thereof has been admitted to the practice of law for at least seven years; to provide for practice, pleading, rules, and proce dure; to amend Code Section 19-3-40 of the Official Code of Georgia Annotated, relating to prerequisite blood tests before marriage, so as to preserve the summary appellate procedure from certain probate courts concerning a denial of a marriage license because of certain blood tests results; to amend Chapter 3 of Title 21 of the Official Code of Georgia Anno tated, relating to municipal elections and primaries, so as to preserve de novo appeals from certain decisions of municipal governing authorities; to amend Code Section 24-8-21 of the Official Code of Georgia Annotated, relating to summary establishment in the probate court of lost or destroyed evidence of indebtedness, so as to retain the special statutory appellate procedure from certain probate courts concerning the establishment of certain lost docu ments; to amend Code Section 29-5-11 of the Official Code of Georgia Annotated, relating to appeals from final orders of the probate court concerning guardians of incapacitated adults, so as to establish appellate procedure in such cases; to amend Code Section 31-20-3 of the Official Code of Georgia Annotated, relating to the sterilization of mentally incompetent persons, so as to establish appellate procedure in such cases; to amend Code Section 35-3-37 of the Official Code of Georgia Annotated, relating to inspection and modification of crimi nal records; so as to preserve de novo appeals from agency refusals to modify certain crimi nal records; to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to provide appellate procedure for cases originating in probate courts; to

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amend Article 2 of Chapter 13 of Title 40 of the Official Code of Georgia Annotated, relating to arrests, trials, and appeals for traffic offenses, so as to provide that appeals shall be on the record of the hearing below and not by de novo jury trial; to provide for appeals from probate courts to be confined to the record in certain cases; to amend Code Section 44-9-59 of the Official Code of Georgia Annotated, relating to procedures for the removal of obstruc tions to a private way, so as to provide for appellate review of decisions of the probate court; to amend Code Section 48-2-59 of the Official Code of Georgia Annotated, relating to ap peals from rulings of the state revenue commissioner, so as to preserve de novo appeals to superior court; to amend Article 8 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to personal representatives to manage public assistance payments, so as to provide for appeals from decisions of the probate court; to amend Title 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and the administration of estates, so as to provide for appeals from decisions of the probate courts; to provide for an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 5 of the Official Code of Georgia Annotated, relating to appellate prac tice, is amended by striking in its entirety Code Section 5-3-2, relating to the right of appeal from probate courts, which reads as follows:
"5-3-2. An appeal shall lie to the superior court from any decision made by the probate court, except an order appointing a temporary administrator.",
and inserting in its place a new Code Section 5-3-2 to read as follows:
"5-3-2. (a) (1) Except as provided in paragraphs (2) and (3) of this subsection, an ap peal shall lie to the superior court from any decision made by the probate court.
(2) No appeal shall lie from any probate court from an order appointing a temporary administrator.
(3) No appeal from the probate court to the superior court shall lie from any civil case in a probate court which is provided for by Article 6 of Chapter 9 of Title 15.
(b) No objection to any order or decision of the probate court shall be considered by the superior court upon appeal unless the objection has been urged before the probate court.
(c) Within 30 days after the filing of the notice of appeal or within further time allowed by the superior court, the probate court shall transmit to the superior court the original or a certified copy of the entire record of the proceeding under review. By stipulation of all par ties to the appeal, the record may be shortened. A party unreasonably refusing to stipulate to limit the record may be taxed by the superior court for the additional costs. The superior court may require or permit subsequent corrections or additions to the record.
(d) If, before the date set for hearing, application is made to the superior court for leave to present additional evidence and it is shown to the satisfaction of the court that the addi tional evidence is material and there were good reasons for failure to present it in the pro ceedings before the probate court, the superior court may order that the additional evidence be taken before the probate court upon conditions determined by the superior court. The probate court may modify its findings and decision by reason of the additional evidence and shall file that evidence and any modifications, new findings, or decisions with the superior court.
(e) The review shall be conducted by the superior court without a jury and shall be confined to the record. In cases of alleged irregularities in procedure before the probate court, not shown in the record, proof thereon may be taken in the superior court. The supe rior court, upon request, shall hear oral argument and receive written briefs.

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(f) The superior court shall not substitute its judgment for that of the probate court as to the weight of the evidence on questions of fact. The superior court may affirm the deci sion of the probate court or remand the case for further proceedings. The superior court may reverse or modify the decision if substantial rights of the appellant have been prejudiced because the findings, inferences, conclusions, or decisions are:
(1) In violation of constitutional or statutory provisions;
(2) In excess of the jurisdiction of the probate court;
(3) Made upon unlawful procedure;
(4) Affected by other error of law;
(5) Clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or
(6) Arbitrary or capricious or characterized by abuse of discretion or clearly unwar ranted exercise of discretion."
Section 2. Said title is further amended by striking in its entirety Code Section 5-3-29, relating to appeals as de novo investigations, and inserting in its place a new Code Section 5-3-29 to read as follows:
"5-3-29. An appeal to the superior court from a magistrate court or in any other case where not otherwise provided by law is a de novo investigation. It brings up the whole rec ord from the court below; and all competent evidence shall be admissible on the trial thereof, whether adduced on a former trial or not. Either party is entitled to be heard on the whole merits of the case."
Section 3. Said title is further amended by striking in its entirety Code Section 5-4-1, relating to when certiorari shall lie, and inserting in its place a new Code Section 5-4-1 to read as follows:
"5-4-1. (a) The writ of certiorari shall lie for the correction of errors committed by any inferior judicatory or any person exercising judicial powers, including the judge of the pro bate court, except in cases touching the probate of wills, granting letters testamentary, and of administration.
(b) Notwithstanding subsection (a) of this Code section, the writ of certiorari shall not lie in civil cases in the probate courts which are provided for by Article 6 of Chapter 9 of Title 15."
Section 4. Said title is further amended by striking in its entirety Code Section 5-5-1, relating to the power of certain courts to grant new trials, and inserting in its place a new Code Section 5-5-1 to read as follows:
"5-5-1. (a) The superior, state, and city courts shall have power to correct errors and grant new trials in cases or collateral issues in any of the respective courts in such manner and under such rules as they may establish according to law and the usages and customs of courts.
(b) Probate courts shall have power to correct errors and grant new trials in civil cases provided for by Article 6 of Chapter 9 of Title 15 under such rules and procedures as apply to the superior courts."
Section 5. Said title is further amended by designating the existing language of subsec tion (a) of Code Section 5-6-33, relating to the right of appeal generally, as paragraph (1) and by adding a new paragraph, to be designated paragraph (2), so that when so amended, subsection (a) shall read as follows:
"(a) (1) Either party in any civil case and the defendant in any criminal proceeding in the superior, state, or city courts, may appeal from any sentence, judgment, decision, or decree of the court, or of the judge thereof in any matter heard at chambers.
(2) Either party in any civil case in the probate courts provided for by Article 6 of

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Chapter 9 of Title 15 may appeal from any judgment, decision, or decree of the court, or of the judge thereof in any matter heard at chambers."
Section 6. Said title is further amended by striking in its entirety paragraph (1) of subsection (a) of Code Section 5-6-35, relating to appellate procedures in cases in which an application for appeal is required, and inserting in its place a new paragraph (1) to read as follows:
"(1) Appeals from decisions of the superior courts reviewing decisions of the State Board of Workers' Compensation, the State Board of Education, auditors, state and local administrative agencies, probate courts, and lower courts by certiorari or de novo proceed ings; provided, however, that this provision shall not apply to decisions of the Public Service Commission and to cases involving ad valorem taxes and condemnations;".
Section 7. Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, is amended by adding at the end of Article 4 of said chapter a new Code section, to be designated Code Section 15-9-90, to read as follows:
"15-9-90. (a) Except as provided in Article 6 of this chapter, there shall be no jury trials in the probate court.
(b) For all civil proceedings in the courts, unless a party demands in writing a trial by jury in the party's first required pleading or at the party's first appearance in the probate court, whichever is applicable, the party's right to a trial by jury on the issues raised shall be deemed waived.
(c) If a party demands a trial by jury, the case shall be transferred to the superior court of the county. After it is transferred, the case shall be governed so far as can be applied by the rules and procedures applicable generally to other cases in the superior courts.
(d) The probate court shall be allowed to collect such costs as have accrued in the case up to its transfer but shall transmit any amounts remaining after such collection to the clerk of the superior court."
Section 8. Said chapter is further amended by adding at the end thereof a new article, to be designated Article 6, to read as follows:
"ARTICLE 6
15-9-120. As used in this article, the term:
(1) 'Civil case' means those civil matters:
(A) Over which the judge of the probate court exercises judicial powers;
(B) Within the original, exclusive, or general subject matter jurisdiction of the probate court; and
(C) Which, if not for this article and Code Section 5-6-33, could be appealed to superior court under Code Sections 5-3-2 and 5-3-29.
(2) 'Probate court' means a probate court of a county having a population of more than 100,000 persons according to the United States decennial census of 1980 or any future such census in which the judge thereof has been admitted to the practice of law for at least seven years.
15-9-121. (a) A party to a civil case in the probate court shall have the right to a jury trial if such right is asserted by a written demand for jury trial with the first pleading of the party or at the party's first appearance in the probate court, whichever is applicable. If a party fails to assert the right to a jury trial, the right shall be deemed waived and may not thereafter be asserted.
(b) Notwithstanding other laws, for any civil case in which a jury trial is demanded, the determination of issues of fact shall not be made by the probate judge but shall be for the jury as in cases in the superior courts.
(c) If a jury could not be demanded in superior court from a case in a probate court not

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meeting the definition provided in paragraph (2) of Code Section 15-9-120, the right to a jury trial shall not be available in a probate court which meets such definition.
15-9-122. Unless provided to the contrary by Code Section 9-11-81, the general laws and rules of practice, pleading, procedure, and evidence which are applicable to the superior courts of this state shall be applicable to and govern in civil cases in the probate courts.
15-9-123. (a) Either party to a civil case in the probate court shall have the right of appeal to the Supreme Court or the Court of Appeals, as provided by Chapter 6 of Title 5.
(b) The general laws and rules of appellate practice and procedure which are applicable to cases appealed from the superior courts of this state shall be applicable to and govern appeals of civil cases from the probate courts.
15-9-124. The general laws and rules applicable to the execution and enforcement of judgments in the superior courts of this state shall be applicable to and govern civil cases in the probate courts.
15-9-125. All laws with reference to the number, composition, qualifications, impanel ing, challenging, and compensation of jurors in superior courts shall apply to and be ob served by the probate courts in civil cases.
15-9-126. For services rendered in jury trials and in appeals to the Supreme Court or Court of Appeals, if a fee is not prescribed by Code Section 15-9-60, the judge of the probate court shall be entitled to the same fee as that of the clerk of the superior court provided in Code Section 15-6-77 for similar services in superior court."
Section 9. Code Section 19-3-40 of the Official Code of Georgia Annotated, relating to prerequisite blood tests before marriage, is amended by striking in its entirety subsection (f) and inserting in its place a new subsection (f) to read as follows:
"(f) Notwithstanding the procedure provided in Code Section 5-3-2, when an applicant has been refused a license to marry by reason of paragraph (1) of subsection (b) of this Code section, the applicant shall have the right to appeal to the superior court in the county wherein the applicant resides within 60 days after the refusal. The superior court judge is empowered to hear an applicant's appeal in a summary way at any place in his judicial circuit without the intervention of a jury. The aggrieved party shall submit to the court the laboratory examination reports that are material to the hearing of the appeal. If, after hear ing expert medical testimony, in the opinion of the court the applicant is free of syphilis or is not in a stage of the disease which may become communicable, the court shall order the licensing authority to issue a license to the person to marry, provided all other requirements of the law regulating the issuance of marriage licenses are complied with. A certified copy of the court's order shall be filed with the licensing authority issuing the license to marry and shall be accepted in lieu of any and all other certificates required under this Code section. The right of appeal to superior court under this subsection shall not apply to appeals from probate courts which are provided for by Article 6 of Chapter 9 of Title 15."
Section 10. Chapter 3 of Title 21 of the Official Code of Georgia Annotated, relating to municipal elections and primaries, is amended by striking in its entirety Code Section 21-3129, relating to appeals from decisions denying or allowing registrations, and inserting in its place a new Code Section 21-3-129 to read as follows:
"21-3-129. Any person to whom the right of registration is denied by the registration officers shall have the right to take an appeal to the superior court of the county; and any elector may enter an appeal to such court from the decision of the registration officers al lowing any person to register. All appeals must be filed in writing with the chief registrar within ten days from the date of the decision complained of and shall be returned by the chief registrar to the office of the clerk of such court to be tried, de novo, as are appeals from the magistrate court. Pending an appeal and until the final judgment of the case, the decision of the registration officer shall remain in full force."
Section 11. Said chapter is further amended by striking in its entirety Code Section 21-

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3-421, relating to appeals from a municipal governing authority's decision on a contest peti tion, and inserting in its place a new Code Section 21-3-421 to read as follows:
"21-3-421. The decision of the governing authority entered pursuant to Code Section 21-3-420 may be appealed to the superior court in the manner of appeal from a magistrate court, except that appeals shall be made within ten days after determination of the contest by the governing authority. The appeal of the decision of the governing authority shall be tried and determined in the county in which the city hall is located. The case shall be pre sided over by the judge of the superior court who has the greatest number of years of service in the judicial circuit or circuits adjoining the judicial circuit containing the municipality in which the contest is instituted. If such judge is disqualified or unable to serve, the clerk shall immediately notify the Governor of such fact; and the Governor shall thereupon ap point a disinterested judge of the superior court who resides outside of the judicial circuit in which the contest is pending, or a senior judge of the superior court to serve in the place of such judge. Such judge or senior judge shall promptly begin presiding over such proceedings in such court and shall determine the same as soon as practicable. He shall be reimbursed for his actual expenses for food and lodging, and he shall receive the same mileage allowance as other state officials and employees."
Section 12. Code Section 24-8-21 of the Official Code of Georgia Annotated, relating to summary establishment in the probate court of lost or destroyed evidence of indebtedness, is amended by striking in its entirety subsection (e) and inserting in its place a new subsec tion (e) to read as follows:
"(e) Notwithstanding the procedures provided in Code Section 5-3-2, if either party to the proceedings provided for in this Code section is dissatisfied, he may appeal upon giving the usual bond and security for costs, as in cases of appeal from the magistrate court to the superior court. The appeal shall be tried in the superior court from all the pleadings and proceedings as were before the judge of the probate court. In the superior court the case shall be tried and determined as provided in Code Sections 24-8-24 through 24-8-27. The right of appeal to superior court under this subsection shall not apply to appeals from pro bate courts which are provided for by Article 6 of Chapter 9 of Title 15."
Section 13. Code Section 29-5-11 of the Official Code of Georgia Annotated, relating to appeals from final orders of the probate court concerning guardians of incapacitated adults, is amended by striking in its entirety subsection (a) and inserting in its place a new subsec tion (a) to read as follows:
"(a) Except as provided in Article 6 of Chapter 9 of Title 15, the ward, individually or by his attorney, his representatives, or his guardian ad litem, or the petitioner may appeal from any final order of the probate court to the superior court in the county in which the proceedings were held. The appeal shall be in the same manner as other appeals from the probate court to the superior court but shall be heard as expeditiously as possible. The ward shall retain his right to counsel or to have counsel appointed for him. The burden of proof shall be upon the petitioner and the standard used by the court in reaching its decision shall be clear and convincing evidence."
Section 14. Code Section 31-20-3 of the Official Code of Georgia Annotated, relating to the sterilization of mentally incompetent persons, is amended by striking in its entirety paragraph (6) of subsection (c) and inserting in its place a new paragraph (6) to read as follows:
"(6) Except as provided in Article 6 of Chapter 9 of Title 15, an appeal to the superior court may be had by the applicant or person alleged to be subject to this Code section or by any other interested party on such judgment in the probate court as provided in other cases by the laws of this state. If the person alleged to be subject to this Code section requests that the appeal proceedings be closed to the public, the judge shall close the appeal proceed ings to the public unless an overriding or compelling reason can be shown as to why such appeal should not be closed to the public. The ruling by the judge whether to open the appeal to the public or not shall be in writing. Any decision of the superior court in such

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cases may be appealed to the higher courts of this state as in other civil cases. The cost of appeal, if any, to the superior and higher courts shall be taxed as in other civil cases. The pendency of any appeal shall stay the proceedings in the probate court until the appeal is finally determined. Affidavits in forma pauperis regarding court costs and costs of appeal may be filed as in other cases made and provided by the laws of this state; and".
Section 15. Code Section 35-3-37 of the Official Code of Georgia Annotated, relating to inspection and modification of criminal records, is amended by striking in its entirety sub section (c) and inserting in its place a new subsection to read as follows:
"(c) If an individual believes his criminal records to be inaccurate or incomplete, he may request the original agency having custody or control of the detail records to purge, modify, or supplement them and to notify the center of such changes. Should the agency decline to act or should the individual believe the agency's decision to be unsatisfactory, the individual or his attorney may, within 30 days of such decision, enter an appeal to the supe rior court of the county of his residence or to the court in the county where the agency exists, with notice to the agency, to acquire an order by the court that the subject informa tion be expunged, modified, or supplemented by the agency of record. The court shall con duct a de novo hearing and may order such relief as it finds to be required by law. Such appeals shall be entered in the same manner as appeals are entered from the magistrate court, except that the appellant shall not be required to post bond or pay the costs in ad vance. If the aggrieved person desires, the appeal may be heard by the judge at the first term or in chambers. A notice sent by registered or certified mail shall be sufficient service on the agency having custody or control of disputed record that such appeal has been en tered. Should the record in question be found to be inaccurate, incomplete, or misleading, the court shall order it to be appropriately expunged, modified, or supplemented by an ex planatory notation. Each agency or individual in the state with custody, possession, or con trol of any such record shall promptly cause each and every copy thereof in his custody, possession, or control to be altered in accordance with the court's order. Notification of each such deletion, amendment, and supplementary notation shall be promptly disseminated to any individuals or agencies, including the center, to which the records in question have been communicated, as well as to the individual whose records have been ordered so altered."
Section 16. Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended by striking in its entirety Code Section 37-3-150, relating to the rights of mentally ill patients to appeal orders, and inserting in its place a new Code Section 37-3-150 to read as follows:
"37-3-150. The patient, his representatives, or his attorney may appeal any order of the probate court or hearing officer rendered in a proceeding under this chapter to the superior court of the county in which the proceeding was held, except as otherwise provided in Arti cle 6 of Chapter 9 of Title 15, and may appeal any order of the juvenile court rendered in a proceeding under this chapter to the Court of Appeals and the Supreme Court. The appeal to the superior court shall be heard as soon as practicable but not later than 30 days follow ing the date on which the appeal is filed with the clerk of the superior court. The appeal from the order of the juvenile court to the Court of Appeals and the Supreme Court shall be as provided by law but shall be heard as expeditiously as possible. The patient must pay all costs upon filing any appeal authorized under this Code section or must make an affidavit that he is unable to pay costs. The patient shall retain all rights of review of any order of the superior court, the Court of Appeals, and the Supreme Court as provided by law. The patient shall have a right to counsel or, if unable to afford counsel, shall have counsel ap pointed for him by the court."
Section 17. Said title is further amended by striking in its entirety Code Section 37-4110, relating to the rights of certain mentally retarded persons to appeal orders, and in serting in its place a new Code Section 37-4-110 to read as follows:
"37-4-110. The client, his representatives, or his attorney may appeal any order of the probate court or hearing officer rendered in a proceeding under this chapter to the superior court of the county in which the proceeding was held, except as otherwise provided in Arti-

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cle 6 of Chapter 9 of Title 15, and may appeal any order of the juvenile court rendered in a proceeding under this chapter to the Court of Appeals and the Supreme Court. The appeal to the superior court shall be heard as soon as practicable but not later than 30 days follow ing the date on which the appeal is filed with the clerk of the superior court. The appeal from the order of the juvenile court to the Court of Appeals and the Supreme Court shall be as provided by law but shall be heard as expeditiously as possible. The client must pay all costs upon riling any appeal authorized under this Code section or must make an affidavit that he is unable to pay costs. The client shall retain all rights of review of any order of the superior court, the Court of Appeals, and the Supreme Court as provided by law. The client shall have a right to counsel or, if unable to afford counsel, shall have counsel appointed for him by the court."
Section 18. Said title is further amended by striking in its entirety Code Section 37-7150, relating to the rights of alcoholic or drug abusing patients to appeal orders, and in serting in its place a new Code Section 37-7-150 to read as follows:
"37-7-150. The patient, his representatives, or his attorney may appeal any order of the probate court or hearing officer rendered in a proceeding under this chapter to the superior court of the county in which the proceeding was held, except as otherwise provided in Arti cle 6 of Chapter 9 of Title 15, and may appeal any order of the juvenile court rendered in a proceeding under this chapter to the Court of Appeals and the Supreme Court. The appeal to the superior court shall be heard as soon as practicable but not later than 30 days follow ing the date on which the appeal is filed with the clerk of the superior court. The appeal from the order of the juvenile court to the Court of Appeals and the Supreme Court shall be as provided by law but shall be heard as expeditiously as possible. The patient must pay all costs upon filing any appeal authorized under this Code section or must make an affidavit that he is unable to pay costs. The patient shall retain all rights of review of any order of the superior court, the Court of Appeals, and the Supreme Court, as provided by law. The patient shall have a right to counsel or, if unable to afford counsel, shall have counsel ap pointed for him by the court."
Section 19. Said title is further amended by striking in its entirety subsection (j) of Code Section 37-8-34, relating to the involuntary commitment of alcoholics, and inserting in its place a new subsection (j) to read as follows:
"(j) The court shall inform the person whose commitment or recommitment is sought of his right to contest the application, appeal be represented by counsel at every stage of any proceedings relating to his commitment and recommitment, and have counsel appointed by the court or provided by the court if he wants the assistance of counsel and is unable to obtain counsel. If the court believes that the person needs the assistance of counsel, the court shall require counsel for him, by appointment if necessary, regardless of his wishes. The person whose commitment or recommitment is sought shall be informed of his right to be examined by a licensed physician of his choice. If the person is unable to obtain a li censed physician and requests examination by a physician, the court shall employ a licensed physician."
Section 20. Article 2 of Chapter 13,of Title 40 of the Official Code of Georgia Anno tated, relating to arrests, trials, and appeals for traffic offenses, is amended by striking in its entirety Code Section 40-13-28, relating to appeals to superior court, and inserting in its place a new Code Section 40-13-28 to read as follows:
"40-13-28. (a) Any defendant convicted under this article shall have the right of appeal to the superior court. The provisions of Code Sections 5-3-29 and 5-3-30 shall not apply to appeals under this Code section. Otherwise, the appeal shall be entered as appeals are en tered from the magistrate court to the superior court, provided that the defendant shall be entitled to bail and shall be released from custody upon giving the bond as is provided for appearances in criminal cases in the courts of this state. Such bond shall have the same conditions as appearance bonds in criminal cases. The appeal to the superior court shall not be a de novo investigation before a jury but shall be on the record of the hearing as certified

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by the judge of that court who presided at the hearing below. This subsection shall not apply to appeals from the probate courts.
(b) For cases originating in the probate court, if the defendant has waived in writing his right to trial by jury, appeals to the superior court shall proceed as provided by Code Sec tion 5-3-2. The defendant shall be entitled to bail and shall be released from custody upon giving the bond as is provided for appearances in criminal cases in the courts of this state. Such bond shall have the same conditions as appearance bonds in criminal cases."
Section 21. Code Section 44-9-59 of the Official Code of Georgia Annotated, relating to procedures for the removal of obstructions to a private way, is amended by striking in its entirety subsection (b) and inserting in its place a new subsection (b) to read as follows:
"(b) Except as otherwise provided in Article 6 of Chapter 9 of Title 15, either party who is dissatisfied with the judgment of the judge of the probate court pursuant to subsection (a) of this Code section may appeal to the superior court as a matter of right."
Section 22. Code Section 48-2-59 of the Official Code of Georgia Annotated, relating to appeals from rulings of the state revenue commissioner, is amended by striking in its en tirety subsection (b) and inserting in its place a new subsection (b) to read as follows:
"(b) The appeal and necessary records shall be certified by the commissioner and shall be filed with the clerk of the superior court within 30 days from the date of decision by the commissioner. The procedure provided by law for applying for and granting appeals from the magistrate court to the superior court shall apply as far as suitable to the appeal author ized by this Code section, except that the appeal authorized by this Code section may be filed within 30 days from the date of decision by the commissioner."
Section 23. Article 8 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to personal representatives to manage public assistance payments, is amended by striking in its entirety Code Section 49-4-172, relating to appeals from orders of appoint ment, and inserting in its place a new Code Section 49-4-172 to read as follows:
"49-4-172. Except as provided in Article 6 of Chapter 9 of Title 15, from the order of the court appointing or removing such personal representative, an appeal may be had to the judge of the superior court."
Section 24. Title 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and the administration of estates, is amended by striking in its entirety subsection (a) of Code Section 53-3-22, relating to the approval of certain settlement agreements, and in serting in its place a new subsection (a) to read as follows:
"(a) Except as otherwise provided in Article 6 of Chapter 9 of Title 15, any judge of the superior courts, on appeal, on the issue of devisavit vel non (will or no will) may approve a settlement agreement between all parties, under which probate is granted or denied, provid ing for a disposition of property contrary to the terms of a will. Any settlement agreement which provides for the sustaining of the caveat or the disposition of the property contrary to the terms of the will must be approved by a judge of the superior courts after a hearing, notice of which shall be given as the court may direct, at which evidence is introduced and at which the judge finds as a matter of fact that the caveat is meritorious."
Section 25. Said title is further amended by striking in its entirety Code Section 53-323, relating to rights of executors to recover expenses if a will is refused probate, and in serting in its place a new Code Section 53-3-23 to read as follows:
"53-3-23. Those who are named as executors in purported wills of decedents shall be entitled to recover expenses from the estate of the decedent, including reasonable attorney's fees if the services of an attorney are employed for offering wills for probate in solemn or common form, even if the will is subsequently determined not to be the valid will of the testator. However, such person shall not be entitled to recover from the estate the expenses and attorney's fees incurred in the effort to sustain the will in the event of a contest unless the person proceeds in good faith. The probate court shall determine, upon the petition of a

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person named as executor, the amount of expenses and the amount to be paid the attorney so employed, and its order shall be subject to appeal as is provided in other cases."
Section 26. Said title is further amended by striking in its entirety subsection (d) of Code Section 53-5-21, relating to applications for approval of conveyances or encumbrances, and inserting in its place a new subsection (d) to read as follows:
"(d) An appeal shall lie in the manner, under the restrictions, and with the effect pro vided for appeals from the judge of the probate court in other cases."
Section 27. Said title is further amended by striking in its entirety subsection (b) of Code Section 53-7-97, relating to procedures in certain actions to compel the making of title, and inserting in its place a new subsection (b) to read as follows:
"(b) When objections in writing are filed in the office of the judge of the probate court, it shall be the duty of the judge to hear evidence as to whether or not the conditions of the bond or contract for the sale of land have been complied with by the payment of the purchase money and to grant an order requiring the title to be made or not, as he may think the principles of justice may require. Either party, if dissatisfied with the decision, may appeal upon the same terms as appeals are granted in other cases."
Section 28. Said title is further amended by striking in its entirety Code Section 53-7187, relating to objections and appeals in intermediate final reports, and inserting in its place a new Code Section 53-7-187 to read as follows:
"53-7-187. At or before the time fixed for hearing, any parties at interest may file objec tions to the fiduciary's report, actions, and accounting, in which case the hearing on the accounting shall be automatically continued until the next regular term of the probate court, when, subject to the court's power to grant continuances, the same shall be heard as other cases pending in the court, with like right of appeal to the superior court; in such case, an appeal by consent may be taken to the superior court. Such appellate procedures shall not apply to cases provided for by Article 6 of Chapter 9 of Title 15. The parties at interest who have been regularly served as provided in subsection (c) of Code Section 53-7-184 and who have filed no objections to the report and accounting need not be served with notice of an appeal or any other or further proceedings, and their consent shall not be required for an appeal to the superior court."
Section 29. Said title is further amended by striking in its entirety Code Section 53-842, relating to appeals from orders regarding private conveyances of rights of way and ease ments, and inserting in its place a new Code Section 53-8-42 to read as follows:
"53-8-42. An appeal shall lie in the manner, under the restrictions, and with the effect provided for appeals from the probate court in other cases."
Section 30. Said title is further amended by striking in its entirety Code Section 53-926, relating to the final return of conservators on the reappearance of a missing person, and inserting in its place a new Code Section 53-9-26 to read as follows:
"53-9-26. If, at any time before the missing person has been declared legally dead by a competent court in a proceeding brought for that purpose, the missing person reappears, the conservator shall thereupon and within 60 days after demand by the missing person make a final return to the judge of the probate court. Upon approval of the final return by the judge, he shall pay over and deliver all of the funds and property in his hands to the missing person. The missing person, as well as the conservator, shall have the right to appeal from any decision of the judge of the probate court approving or disapproving the final in the manner provided by law."
Section 31. This Act shall become effective July 1, 1986, and shall apply to proceedings filed on or after such date.
Section 32. All laws and parts of laws in conflict with this Act are repealed.

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1687

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 Baldwin Bond Bowen Brantley Broun of 46th Bryant Burton Cobb Engram Fincher Foster Gillis

Greene Harris Harrison Hine Holloway Horton Hudgins Huggins Kidd Langford McGill McKenzie Perry

Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh
T1 atlltipC
Timmons Tolleson Turner Tysinger Walker

Those voting in the negative were Senators:

Brannon Brown of 47th

Dawkins

Those not voting were Senators:

Allgood Barker Barnes Coleman Coverdell

Dean English Garner Howard Kennedy (presiding)

Deal
Land Peevy Phillips Trulock

On the passage of the bill, the yeas were 38, nays 4.

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

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

HB 1300. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th, Smyre of the 92nd and Benefield of the 72nd:
A bill to make and provide appropriations for the fiscal year beginning July 1, 1986, and ending June 30, 1987.

Senator Starr of the 44th moved that the Senate insist upon the Senate substitute to HB 1300.

On the motion, the yeas were 40, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 1300.

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

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.
Senate Sponsor: Senator Garner of the 30th.

The Senate Committee on Governmental Operations offered the following amendment: Amend HB 1460 by adding on line 17 of Page 1 after the following: "foregoing;", the following: "to provide an effective date;". By striking from line 19 of Page 13 the words "expenses not to" and inserting in lieu thereof the following: "expenses. The combined audit expenses and actual expenses shall not". By adding between lines 27 and 28 of Page 13 the following: "Section 10. This Act shall become effective August 1, 1986." By striking from line 28 of Page 13 the number "10" and inserting in lieu thereof the number "11".

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 Brannon
Brantley Broun of 46th
Brown of 47th
Bun C 0 bb Coleman Dawkins Deal Dean English

Engram Foster Garner Gillis
Harrison Hine
Holloway
Huggms Kidd McGill McKenzie Peevy Perry

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

Voting in the negative was Senator Langford.

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1689

Those not voting were Senators:

Barker Barnes Bond Bowen

Coverdell Fincher Greene Harris

Horton Howard Kennedy (presiding) Land

On the passage of the bill, the yeas were 43, nays 1.

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

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.

Senate Sponsor: Senator Cobb of the 28th.

The Senate Committee on Public Safety offered the following substitute to HB 1109:

A BILL
To be entitled an Act to amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, so as to change the provisions relating to possession of a firearm or knife during the commission or at tempted commission of certain crimes; to provide that the definition of firearms shall in clude stun guns and tasers; to include trial judges within the list of persons exempt from certain provisions relating to carrying weapons; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, is amended by striking in its entirety Code Section 16-11-106, relating to possession of a firearm or knife during the commission or attempted commission of certain crimes, and inserting in its place a new Code Section 1611-106 to read as follows:
"16-11-106. (a) For the purposes of this Code section, the term 'firearm' shall include stun guns and tasers. A stun gun or taser is any device that is powered by electrical charging units such as batteries and emits an electrical charge in excess of 20,000 volts or is otherwise capable of incapacitating a person by an electrical charge.
(b) Any person who shall have on his person a firearm or a knife having a blade of three or more inches in length during the commission of, or the attempt to commit:
(1) Any crime against or involving the person of another;
(2) The unlawful entry into a building or vehicle;
(3) A theft from a building or theft of a vehicle;
(4) Any crime involving the possession, manufacture, delivery, distribution, dispensing, administering, selling, or possession with intent to distribute any controlled substance as provided in Code Section 16-13-30; or
(5) Any crime involving the trafficking of cocaine, marijuana, or illegal drugs as pro vided in Code Section 16-13-31.
and which crime is a felony, commits a felony and, upon conviction thereof, shall be pun ished by confinement for a period of five years, such sentence to run consecutively to any other sentence which the person has received.
(c) Upon the second or subsequent conviction of a person under this Code section, the

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person shall be punished by confinement for a period of ten years. Notwithstanding any other law to the contrary, the sentence of any person which is imposed for violating this Code section a second or subsequent time shall not be suspended by the court and proba tionary sentence imposed in lieu thereof.
(d) The punishment prescribed for the violation of subsections (b) and (c) of this Code section shall not be reducible to misdemeanor punishment as is provided by Code Section 17-10-5.
(e) Any crime committed in violation of subsections (b) and (c) of this Code section shall be considered a separate offense."
Section 2. Said article is further amended by striking paragraphs (8) and (9) of subsec tion (a) of Code Section 16-11-130, 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, and inserting in their place new paragraphs (8), (9), and (10) to read as follows:
"(8) Probation supervisors employed by and under the authority of the Department of Corrections pursuant to the 'State-wide Probation Act' when specifically designated and authorized in writing by the director of Division of Probation;
(9) Public safety directors of municipal corporations; and
(10) Trial judges."
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 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
Barnes B/annon nrantley, , c+u BBrroowunn ooff 4467tthh Bryant Burton Cobb Coleman Dawkins Deal

Dean Engram Fincher
Foster Gillis Hine ,,o,,lloway Huggms Kidd Langford McGill Peevy Perry

Voting in the negative was Senator Garner.

Those not voting were Senators:

Phillips Ray Reddish
Scott of 2nd Scott of 36th Starr S_.tumb, aug,h Tate Tolleson Trulock Turner Tysinger Walker

Barker Bond Bowen

Coverdell English Greene

Harris Harrison Horton

MONDAY, MARCH 3, 1986

1691

Howard Hudgins

Kennedy (presiding) Land

McKenzie Timmons

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

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

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

SR 497. By Senators Allgood of the 22nd and Kennedy of the 4th:
A resolution relative to adjournment by the General Assembly at 8:00 o'clock P.M. on Monday, March 3, 1986, and to reconvene at 10:00 o'clock A.M. on Thursday, March 6, 1986.

On the adoption of the resolution, the yeas were 36, nays 3.

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

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

HB 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.
Senate Sponsor: Senator Cobb of the 28th.

The Senate Committee on Public Safety offered the following substitute to HB 1433:

A BILL
To be entitled an Act to amend Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to the offense of criminal trespass and related offenses, so as to provide that under certain circumstances a person who parks, stands, or operates 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 pun ishment; to provide for municipal ordinances; to provide maximum fines; 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 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to the offense of criminal trespass and related offenses, is amended by adding a new Code Section 16-7-29 to read as follows:
"16-7-29. (a) A person commits the offense of criminal trespass by motor vehicle when the person, after having been requested by the owner or a law enforcement officer not to do so, parks or stands an occupied or unoccupied motor vehicle in, or repeatedly drives a motor vehicle through or within, a parking area which is located on privately owned property and is provided by a merchant or group of merchants for customers if:
(1) The parking area is identified by at least one conspicuous sign at each entrance which contains the following information in easy to read printing:
(A) Notice of the elements of the crime of criminal trespass by motor vehicle;
(B) Identification of the property which is reserved for customers' use only;

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(C) Identification of the merchant or merchants providing the parking area; and
(D) Warning that violators will be prosecuted; and
(2) The motor vehicle is parked, is standing, or is being operated other than for the purpose of:
(A) Transporting some person to or from the interior of the place of business of a merchant identified by the sign or signs in the parking area;
(B) Making use of a telephone, vending machine, or other similar facility located in the parking area;
(C) Meeting the requirements of a situation in which it has unexpectedly become im possible or impractical for the motor vehicle to continue to travel on the public roads; or
(D) Carrying out an activity for which express permission has been given by the owner of the parking area or an authorized representative of the owner.
(b) A person who commits the offense of criminal trespass by motor vehicle shall be guilty of a misdemeanor and shall be punished by a fine:
(1) Not to exceed $50.00 for the first such offense;
(2) Not to exceed $100.00 for the second such offense; and
(3) Not to exceed $150.00 for the third or subsequent such offense.
(c) The governing authority of any municipal corporation by ordinance may adopt by reference the provisions of subsection (a) of this Code section without publishing or posting in full the provisions thereof. Any person violating any such ordinance shall be subject to a monetary fine:
(1) Not to exceed $50.00 for the first such violation;
(2) Not to exceed $100.00 for the second such violation; and
(3) Not to exceed $150.00 for the third or subsequent such violation."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute to HB 1433 offered by the Senate Committee on Public Safety, the yeas were 0, nays 32, and the substitute was lost.
Senator Cobb of the 28th offered the following substitute to HB 1433:
A BILL
To be entitled an Act to amend Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to the offense of criminal trespass and related offenses, so as to provide an exception to the offense of criminal trespass for law enforcement officers in the performance of official duties; to provide that under certain circumstances a person who parks, stands, or operates 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; to provide for municipal ordinances; 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 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to the offense of criminal trespass and related offenses, is amended by striking Code Section 16-7-21, relating to criminal trespass and damage to property, in its entirety and inserting a new Code Section 16-7-21 to read as follows:
"16-7-21. (a) 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

MONDAY, MARCH 3, 1986

1693

less or knowingly and maliciously interferes with the possession or use of the property of another person without his consent.
(b) A person commits the offense of criminal trespass when he knowingly and without authority:
(1) Enters upon the land or premises of another person or into any part of any vehicle, railroad car, aircraft, or watercraft of another person for an unlawful purpose;
(2) Enters upon the land or premises of another person or into any part of any vehicle, railroad car, aircraft, or watercraft of another person after receiving, prior to such entry, notice from the owner, rightful occupant, or, upon proper identification, an authorized rep resentative of the owner or rightful occupant that such entry is forbidden; or
(3) Remains upon the land or premises of another person or within the vehicle, railroad car, aircraft, or watercraft of another person after receiving notice from the owner, rightful occupant, or, upon proper identification, an authorized representative of the owner or right ful occupant to depart.
(c) The provisions of paragraphs (2) and (3) of subsection (b) of this Code section shall not apply to any law enforcement officer in the official performance of his duties who enters upon the land or premises of another person in connection with any public gathering being held on such land or premises.
(d) A person who commits the offense of criminal trespass shall be guilty of a misdemeanor."
Section 2. Said article is further amended by adding at the end of Part 1 thereof, relat ing to general provisions applicable to criminal trespass, a new Code Section 16-7-29 to read as follows:
"16-7-29. (a) A person commits the offense of criminal trespass by motor vehicle when the person, after having been requested by the owner or a law enforcement officer not to do so, parks or stands an occupied or unoccupied motor vehicle in, or repeatedly drives a motor vehicle through or within, a parking area which is located on privately owned property and is provided by a merchant or group of merchants for customers if:
(1) The parking area is identified by at least one conspicuous sign at each entrance which contains the following information in easy to read printing:
(A) Notice of the elements of the crime of criminal trespass by motor vehicle;
(B) Identification of the property which is reserved for customers' use only;
(C) Identification of the merchant or merchants providing the parking area; and
(D) Warning that violators will be prosecuted; and
(2) The motor vehicle is parked, is standing, or is being operated other than for the purpose of:
(A) Transporting some person to or from the interior of the place of business of a merchant identified by the sign or signs in the parking area;
(B) Making use of a telephone, vending machine, or other similar facility located in the parking area;
(C) Meeting the requirements of a situation in which it has unexpectedly become im possible or impractical for the motor vehicle to continue to travel on the public roads; or
(D) Carrying out an activity for which express permission has been given by the owner of the parking area or an authorized representative of the owner.
(b) A person who commits the offense of criminal trespass by motor vehicle shall be guilty of a misdemeanor.
(c) The governing authority of any municipal corporation by ordinance may adopt by reference the provisions of subsection (a) of this Code section without publishing or posting

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in full the provisions thereof. The punishment imposed for violation of any such ordinance shall not exceed $50.00."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute offered by Senator Cobb of the 28th, the yeas were 27, nays 6, 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:

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

Dean Engram Fincher Foster Garner Gillis Harris Harrison Hine Holloway Huggins Kidd Langford

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

Those voting in the negative were Senators:

Albert Barker Bond

Dawkins Deal Peevy

Trulock Walker

Those not voting were Senators:

English Greene Horton

Howard Hudgins Kennedy (presiding)

Land Stumbaugh Timmons

On the passage of the bill, the yeas were 39, nays 8.

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

HB 1384. By Representative Richardson of the 52nd:
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 sev enty-fifth anniversary of the founding of Georgia State University.
Senate Sponsor: Senator Kidd of the 25th.

The Senate Committee on Governmental Operations offered the following substitute to HB 1384:

A BILL To be entitled an Act to amend Article 2 of Chapter 2 of Title 40 of the Official Code of

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1695

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 seventy-fifth anni versary of the founding of Georgia State University; 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; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. 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, is amended by adding immediately after Code Section 40-2-29.3 a new Code Section 40-2-29.4 to read as follows:
"40-2-29.4. (a) Georgia State University having been established as the School of Com merce at the Georgia Institute of Technology in the 1913-1914 academic year under the direction of Professor Wayne Sailley Kell, there shall be issued in 1988 special license plates to commemorate the seventy-fifth anniversary of the establishment of that university.
(b) The commissioner shall prepare special distinctive license plates of a design appro priate to commemorate the seventy-fifth anniversary of the founding of Georgia State Uni versity. 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 years 1988 through 1989, any motor vehicle owner who is a resident of Georgia, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles and upon the payment of a $25.00 manufacturing fee in addition to the regu lar motor vehicle registration fee, shall be issued such a special license plate.
(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."
Section 2. Said article is further amended by adding immediately after Code Section 402-29.4 a new Code Section 40-2-29.5 to read as follows:
"40-2-29.5. (a) To commemorate the founding of Morris Brown College there shall be issued in 1987 special license plates to commemorate the founding of that college.
(b) The commissioner shall prepare special distinctive license plates of a design appro priate to commemorate the founding of Morris Brown 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 $25.00 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."
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.

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

The report of the committee, which was favorable to the passage of the bill by 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
Bryant Burton Cobb Coverdell Dawkins Deal

Dean English Engram Fincher Foster Gillis Harris Harrison Hine Holloway Horton Huggins Kidd Langford

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

Those not voting were Senators:

Allgood Barker Bowen Coleman Garner

Greene Howard Hudgins Kennedy (presiding) Land

Starr Tate Timmons Turner

On the passage of the bill, the yeas were 42, 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 agreed to the Senate substitute to the following bill of the House:

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.

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

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,"

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1697

so as to change the provisions relative to the minimum salary for school bus drivers.
The House has disagreed to the Senate substitute to the following bills of the House:
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 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.
The House insists on its position in substituting the following bill of the Senate:
SB 328. By Senators Tolleson of the 32nd, Harrison of the 37th, Brantley of the 56th and others:
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.
The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:
HB 1257. By Representative Dobbs of the 74th:
A bill to amend Code Section 40-8-6 of the Official Code of Georgia Annotated, relating to altering the suspension system of certain motor vehicles operated on public streets or highways, so as to provide that it shall be unlawful to alter the suspension system of trucks, which may be operated on public streets or high ways, more than two inches above or below the factory recommendation for such trucks.
Senate Sponsors: Senators Coleman of the 1st and Dawkins of the 45th.
The Senate Committee on Transportation offered the following substitute to HB 1257:
A BILL
To be entitled an Act to amend Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment generally, so as to provide that it shall be unlaw ful to alter the suspension system of trucks in certain gross vehicle weight rating categories in excess of certain specific limitations; to provide that it shall be unlawful to operate any truck upon any highway, roadway, or street if the suspension system has been altered to exceed such limitations; to define certain terms; to provide for criminal penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated,

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relating to equipment generally, is amended by adding a new Code Section immediately following Code Section 40-8-6, to be designated Code Section 40-8-6.1, to read as follows:
"40-8-6.1 (a) As used in this Code section, the term:
(1) 'Frame' means the main longitudinal structural members of the chassis of a truck.
(2) 'Frame height' means the vertical distance between a level surface and the lowest point on the frame of a truck, measured when the truck is upon such level surface without a load.
(3) 'Gross vehicle weight rating' means the manufacturer's gross vehicle weight rating whether or not the vehicle is modified by use of parts not originally installed by the manufacturer.
(b) It shall be unlawful to alter the suspension system of any truck with a gross vehicle weight rating of 4,500 pounds or less, which may be operated on any public street or high way, so as to exceed 27 inches as measured from the surface of the street to the lowest point on the frame of the truck.
(c) It shall be unlawful to alter the suspension system of any truck with a gross weight rating of not less than 4,501 pounds and not more than 7,500 pounds, which may be oper ated on any public street or highway, so as to exceed 30 inches as measured from the surface of the street to the lowest point on the frame of the truck.
(d) It shall be unlawful to alter the suspension system of any truck with a gross vehicle weight rating of not less than 7,501 pounds and not more than 14,000 pounds, which may be operated on any public street or highway, so as to exceed 31 inches as measured from the surface of the street to the lowest point on the frame of the truck.
(e) It shall be unlawful to operate any truck upon any highway, roadway, or street if the suspension system has been altered in excess of the limitations provided for in this Code section.
(f) Any person violating this Code section shall be guilty of a misdemeanor."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 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 B*TM68
ond nBBrraannentnloeny Broun of 46th Brown of 47th Bryant Burton Coverdell

Dawkins Deal English Engram Foster
Gillis Harrison Hlne Horton Huggins Kidd Langford McGill

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

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Voting in the negative were Senators Garner and Trulock.

Those not voting were Senators:

Cobb Coleman Dean
Fincher Greene

Harris Holloway Howard
Hudgins Kennedy (presiding)

Land Scott of 2nd Starr Tate

On the passage of the bill, the yeas were 40, nays 2.

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

The following local bill of the Senate was taken up for the purpose of considering the House action thereon:
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.
Senator Tolleson of the 32nd moved that the Senate adhere to its disagreement to the House substitute, and that a Conference Committee be appointed.
On the motion, the yeas were 36, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House substitute.
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 Tolleson of the 32nd, Harrison of the 37th and Brantley of the 56th.
The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

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.
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 Bowen

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Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Deal Dean English Engram Fincher

Foster Garner Gillis Harris Harrison Hine Holloway Horton Howard Huggins Kidd Langford McGill

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

Those not voting were Senators:

Bond Coleman Dawkins Greene

Hudgins Kennedy (presiding) Land Reddish

Scott of 2nd Starr Tate

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

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

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.
Senate Sponsor: Senator Barnes of the 33rd.

The Senate Committee on Governmental Operations offered the following amendment:
Amend HB 1287 by adding in the title on line 21 of Page 1 immediately following the semicolon and preceding the word "to", the following:
"to provide an effective date;"
By renumbering Section 4 on Page 5 as Section 5 and adding between lines 17 and 18 on Page 5 a new Section 4 to read as follows:
"Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval."
On the adoption of the amendment, the yeas were 30, nays 0, and the amendment was adopted.

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

On the passage of the bill, 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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1701

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

Engram Foster Gillis Greene Hine Holloway Horton Howard Hudgins Huggins Kidd McGill McKenzie Peevy

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

Those not voting were Senators:

Fincher Garner Harris

Harrison Kennedy (presiding) Land

Langford Scott of 2nd Tate

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

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

The following resolution of the Senate was read and adopted:

SR 498. By Senators Foster of the 50th, Deal of the 49th, Broun of the 46th and others: A resolution honoring Dottie Baldassaro Kidd.

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 bills of the House:

HB 1953. By Representatives Murphy of the 18th, Burruss of the 20th, McDonald of the 12th, Phillips of the 120th and Lee of the 72nd:
A bill to amend Code Section 45-9-4 of the Official Code of Georgia Annotated, relating to state liability insurance and self-insurance, so as to provide for insur ing and self-insuring liability of officers of the state for separate insurance and self-insurance in connection with abatement and removal of asbestos and other hazardous materials from state facilities.

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; 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.

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

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inmates authorized to work at paid employment for any necessary medical ex penses incurred by the Department of Corrections on behalf of such inmates.
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 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.
The Speaker has appointed on the part of the House, Representatives Thomas of the 69th, Groover of the 99th and Robinson of the 96th.
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 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.
The Speaker has appointed on the part of the House, Representatives Watson of the 114th, Pettit of the 19th and Kilgore of the 42nd.
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 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.
The Speaker has appointed on the part of the House, Representatives Walker of the 115th, Lee of the 72nd and Bostick of the 138th.
The House insists on its position in disagreeing to the Senate substitute, and has ap-

MONDAY, MARCH 3, 1986

1703

pointed a Committee of Conference on the part of House to confer with a like committee on the part of the Senate on the following bill of the House:
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.
The Speaker has appointed on the part of the House, Representatives Lee of the 72nd, Connell of the 87th and Walker of the 115th.
The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:
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.
Senate Sponsors: Senators Hudgins of the 15th and Dawkins of the 45th.
Senator Allgood of the 22nd offered the following amendment:
Amend HB 1469 by adding after the semicolon on line 9 of Page 1 the following:
"to provide that such taxes may be imposed for the purpose of acquisition and clear ance of certain unsafe housing;".
By striking the word "or" on line 4 of Page 4 and inserting between lines 4 and 5 of Page 4 the following:
"(F) The aquisition and clearance by the county of housing which has become hazard ous and unsafe for human habitation because of physical conditions affecting the land on which such housing is located; or".
By striking on line 6 of Page 4 the designation "(F)" and inserting in its place the designation "(G)".
On the adoption of the amendment, the yeas were 35, nays 7, and the amendment was adopted.
Senator Broun of the 46th offered the following amendment:
Amend HB 1469 by deleting, beginning at line 30 on Page 6 and continuing through line 8 on Page 7, the following:
"(4) In the event more than one authorized project is proposed then each project and its proposed cost shall be separately listed on the ballot and separately voted on. Only that project or those projects for which a majority of those voting with respect to such project vote in favor of such project shall be deemed approved or authorized and the tax therefor authorized; provided that for the purpose of this paragraph a proposal or proposals for water and/or sewer capital outlay project or projects as authorized pursuant to 48-8lll(a)(l)(E) shall be considered as one project."

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On the adoption of the amendment, the yeas were 37, nays 2, and the amendment was adopted.
Senator Albert of the 23rd offered the following amendment:
Amend HB 1469 by adding after the semicolon on line 9 of Page 1 the following:
"to provide that such taxes may be imposed for the purpose of retiring certain previ ously incurred general obligation debt;".
By striking the word *or" on line 4 of Page 4.
By adding between lines 4 and 5 of Page 4 the following:
"(P) The retirement of previously incurred general obligation debt of the county, if such previously incurred general obligation debt was incurred for a project of a type for which new general obligation debt may be incurred under this article; or"
By striking on line 5 of Page 4 the designation "(F)" and inserting in its place the designation "(G)".
On the adoption of the amendment, the yeas were 35, nays 8, and the amendment was adopted.
Senator Albert of the 23rd offered the following amendment:
Amend HB 1469 by striking on line 1 of Page 1 the following:
"Article 3 of.
By striking on lines 2 and 3 of Page 1 the following:
"special purpose county".
By striking on line 4 of Page 1 the following: "such",
and inserting in lieu thereof the following:
"special purpose county".
By adding after the first semicolon on line 18 of Page 1 the following:
"to authorize the imposition of a county 1 percent sales and use tax for school purposes; to provide for resulting revenues to be paid over to each public school system in the county; to provide that the imposition of any such tax must be approved by the voters of each such school system; to provide for the manner of imposition of the tax and the duration of the tax; to provide for administration and collection of the tax by the state revenue commis sioner; to provide that the proceeds to the county from the tax shall be used by such sys tems for purposes of retiring previously existing or newly created indebtedness or to fund a project or projects to be paid for on a cash basis; to provide credits for local sales and use taxes levied in other jurisdictions against county sales and use taxes and against the joint county and municipal sales and use tax; to provide a limit on the total levy of local sales and use taxes;".
By striking on lines 18 and 19 of Page 1 the following: "an effective date",
and inserting in lieu thereof the following: "effective dates".
By striking on line 22 of Page 1 the following:
"Article 3 of.
By striking on lines 23 and 24 of Page 1 the following:
"special purpose county".

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By striking on line 26 of Page 1 the following: "the",
and inserting in lieu thereof the following:
"special purpose county sales and use".
By striking on line 1 of Page 9 the following:
"article",
and inserting in lieu thereof the following:
"chapter",
By striking on line 14 of Page 10 the following:
"article",
and inserting in lieu thereof the following:
"chapter".
By striking Sections 4 and 5 and inserting in their place new Sections 4 through 8 to read as follows:
"Section 4. Said chapter is further amended by striking Code Section 48-8-90, relating to credits against the joint county and municipal sales and use tax for other local sales and use taxes, and inserting in its place a new Code section to read as follows:
'48-8-90. Where a local sales or use tax has been paid with respect to tangible personal property by the purchaser either in another local tax jurisdiction within the state or in a tax jurisdiction outside the state, the tax may be credited against the tax authorized to be im posed by this article upon the same property. If the amount of sales or use tax so paid is less than the amount of the use tax due under this article, the purchaser shall pay an amount equal to the difference between the amount paid in the other tax jurisdiction and the amount due under this article. The commissioner may require such proof of payment in another local tax jurisdiction as he deems necessary and proper. No credit shall be granted, however, against the tax imposed under this article for tax paid in another jurisdiction if the tax paid in such other jurisdiction is used to obtain a credit against any other local sales and use tax levied in the special district or in the county which is coterminous with the special district; and taxes so paid in another jurisdiction shall be credited first against the tax levied under this article, then against the tax levied under Article 3 of this chapter, if applicable, and then against the tax levied under Article 4 of this chapter, if applicable.'
Section 5. Said chapter is further amended by striking Code Section 48-8-116, relating to credits against the special purpose county sales and use tax, and inserting in its place a new Code section to read as follows:
'48-8-116. Where a local sales or use tax has been paid with respect to tangible personal property by the purchaser either in another local tax jurisdiction within the state or in a tax jurisdiction outside the state, the tax may be credited against the tax authorized to be im posed by this article upon the same property. If the amount of sales or use tax so paid is less than the amount of the use tax due under this article, the purchaser shall pay an amount equal to the difference between the amount paid in the other tax jurisdiction and the amount due under this article. The commissioner may require such proof of payment in another local tax jurisdiction as he deems necessary and proper. No credit shall be granted, however, against the tax imposed under this article for the tax paid in another jurisdiction if the tax paid in such other jurisdiction is used to obtain a credit against any other local sales and use tax levied in the county or in a special district which includes the county; and taxes so paid in another jurisdiction shall be credited first against the tax levied under Article 2 of this chapter, if applicable, then against the tax levied under this article, and then against the tax levied under Article 4 of this chapter, if applicable.'
Section 6. Said chapter is further amended by adding a new Article 4 to read as follows:

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'ARTICLE 4

48-8-140. The governing authority of any county in this state may, when authorized as provided in this article and subject to the requirement of referendum approval and the other requirements of this article, impose within the county a sales and use tax for school purposes. Any tax imposed under this article shall be at the rate of 1 percent. Except as to rate, a tax imposed under this article shall correspond to the tax imposed by Article 1 of this chapter. No item or transaction which is not subject to taxation under Article 1 of this chapter shall be subject to a tax imposed under this article, except that a tax imposed under this article shall apply to sales of motor fuels as that term is defined by Code Section 48-9-2.

48-8-141. (a) (1) Whenever the board or boards of education of all public school systems within a county desire to request the county to impose the tax authorized by this article, the board or boards of education shall forward to the county governing authority a resolution, which resolution to be effective must be concurrently adopted by the board of education of each school district in the county. Such resolution shall specify whether, for each such school district, the proceeds of the tax are to be used to retire existing general obligation debt, to retire new general obligation debt to be issued in conjunction with the imposition of the tax, or to fund a project or projects to be paid for on a cash basis. Such resolution shall specify the maximum amount of revenue to be raised by the tax and the maximum period of time for which the tax is to be imposed; the governing authority upon receipt of such resolu tion may, but shall not be required to, forward to the county election superintendent a copy of the resolution of the board or boards of education calling for the imposition of the tax.

(2) If new general obligation debt is to be issued in conjunction with the imposition of the tax, as authorized by this article, the resolution shall further specify the principal amount of the debt to be issued, the purpose for which the debt is to be issued, the interest rate or rates or the maximum interest rate or rates which such debt is to bear, and the amount of principal to be paid in each year during the life of the debt.

(b) Upon receipt of the resolution, the election superintendent shall issue the call for an election for the purpose of submitting the question of the imposition of the tax to the voters of the county. The election superintendent shall set the date of the election for a day not less than 30 nor more than 45 days after the date of the issuance of the call. The election superintendent shall cause the date and purpose of the election to be published for not less than 30 days immediately preceding the date of the election in the official organ of the county.

(c) (1) The ballot shall have written or printed thereon substantially the following:

"[ ] YES [ ] NO

Shall a 1 percent sales and use tax be imposed for school purposes in -- County for a period of time not to exceed _ and for the raising of not more than $_ for the purpose of _?"

(2) If new debt is to be issued in conjunction with the imposition of the tax by one or more school districts, the ballot shall also have written or printed thereon, following the language specified by paragraph (1) of this subsection, the following:

"If imposition of the tax is approved by the voters, such vote shall also constitute ap proval of the issuance of general obligation debt of _ in the principal amount of $_ (and of _ in the principal amount of $_)."

(d) All persons desiring to vote in favor of imposing the tax shall vote "Yes" and all persons opposed to levying the tax shall vote "No." If more than one-half of the votes cast in each school district within the county are in favor of imposing the tax, then the tax shall be imposed as provided in this article; otherwise the tax shall not be imposed and the ques tion of imposing the tax shall not again be submitted to the voters of the county until after 12 months immediately following the month in which the election was held. The election superintendent shall hold and conduct the election under the same rules and regulations as govern special elections. The superintendent shall canvass the returns, declare the result of the election, and certify the result to the Secretary of State and to the commissioner. The

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1707

expense of the election shall be paid from funds of the affected school districts in the pro portions specified in paragraph (2) of Code Section 48-8-145.
(e) (1) If the proposal includes the authority to issue general obligation debt and if more than one-half of the votes cast are in favor of the proposal, then the authority to issue such debt in accordance with Article IX, Section V, Paragraph I of the Constitution is given to the proper officers of the board or boards of education; otherwise such debt shall not be issued. If the authority to issue such debt is so approved by the voters, then such debt may be issued without further approval by the voters.
(2) If the issuance of general obligation debt is included and approved as provided in this Code section, then the board or boards of education may incur such debt either through the issuance and validation of general obligation bonds or through the execution of a prom issory note or notes or other instrument or instruments. If such debt is incurred through the issuance of general obligation bonds, such bonds and their issuance and validation shall be subject to Articles 1 and 2 of Chapter 82 of Title 36 except as specifically provided other wise in this article. If such debt is incurred through the execution of a promissory note or notes or other instrument or instruments, no validation proceedings shall be necessary and such debt shall be subject to Code Sections 36-80-10 through 36-80-14 except as specifically provided otherwise in this article. In either event, such general obligation debt shall be pay able first from the separate account or accounts in which are placed the proceeds received by the school district or districts from the tax authorized by this article. Such general obli gation debt shall, however, constitute a pledge of the full faith, credit, and taxing power of the school district and its fiscal authorities or school districts and their fiscal authorities; and any liability on such debt which is not satisfied from the proceeds of the tax authorized by this article shall be satisfied from the general funds of the issuing school district.
(f) The tax shall cease to be imposed on the earliest of the following dates:
(1) If the resolution calling for the imposition of the tax provided for the issuance of general obligation debt and such debt is the subject of validation proceedings, as of the end of the first calendar quarter ending more than 80 days after the date on which a court of competent jurisdiction enters a final order denying validation of such debt;
(2) On the final day of the maximum period of time specified for the imposition of the tax; or
(3) As of the end of the calendar quarter during which the commissioner determines that the tax will have raised revenues sufficient to provide to the county net proceeds equal to or greater than the amount specified in the resolution calling for imposition of the tax.
48-8-142. (a) If the imposition of the tax is approved at the special election, the tax shall be imposed on the first day of the next succeeding calendar quarter which begins more than 80 days after the date of the election at which the tax was approved by the voters. With respect to services which are regularly billed on a monthly basis, however, the resolu tion shall become effective with respect to and the tax shall apply to services billed on or after the effective date specified in the previous sentence.
(b) No county shall impose at any time more than a single 1 percent tax under this article.
48-8-143. A tax levied pursuant to this article shall be exclusively administered and collected by the commissioner for the use and benefit of the county imposing the tax and the school district or school districts therein. Such administration and collection shall be accomplished in the same manner and subject to the same applicable provisions, procedures, and penalties provided in Article 1 of this chapter; provided, however, that all moneys col lected from each taxpayer by the commissioner shall be applied first to such taxpayer's liability for taxes owed the state. Dealers shall be allowed a percentage of the amount of the tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting, and paying the amount due if such amount is not delinquent at the time of pay ment. The rate of the deduction shall be the same rate authorized for deductions from the state tax imposed by Article 1 of this chapter.

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48-8-144. Each sales tax return remitting taxes collected under this article shall sepa rately identify the location of each retail establishment at which any of the taxes remitted were collected and shall specify the amount of sales and the amount of taxes collected at each establishment for the period covered by the return in order to facilitate the determina tion by the commissioner that all taxes imposed by this article are collected and distributed according to situs of sale.
48-8-145. The proceeds of the tax collected by the commissioner in each county under this article shall be disbursed as soon as practicable after collection as follows:
(1) One percent of the amount collected shall be paid into the general fund of the state treasury in order to defray the costs of administration; and
(2) Except for the percentage provided in paragraph (1) of this Code section, the re maining proceeds of the tax shall be distributed to the public school systems within the county, with each such school system receiving the same percentage of the net proceeds as its most recent average weighted FTE count, as computed under Code Sections 20-2-161 and 20-2-165, constitutes of the total of such FTE counts for all school systems in the county.
48-8-146. Where a local sales or use tax has been paid with respect to tangible personal property by the purchaser either in another local tax jurisdiction within the state or in a tax jurisdiction outside the state, the tax may be credited against the tax authorized to be im posed by this article upon the same property. If the amount of sales or use tax so paid is less than the amount of the use tax due under this article, the purchaser shall pay an amount equal to the difference between the amount paid in the other tax jurisdiction and the amount due under this article. The commissioner may require such proof of payment in another local tax jurisdiction as he deems necessary and proper. No credit shall be granted, however, against the tax imposed under this article for tax paid in another jurisdiction if the tax paid in such other jurisdiction is used to obtain a credit against any other local sales and use tax levied in the county or in a special district which includes the county; and taxes so paid in another jurisdiction shall be credited first against the tax levied under Article 2 of this chapter, if applicable, then against the tax levied under Article 3 of this chapter, if applicable, and then against the tax levied under this article.
48-8-147. No tax provided for in this article shall be imposed upon the sale of tangible personal property which is ordered by and delivered to the purchaser at a point outside the geographical area of the county in which the tax is imposed regardless of the point at which title passes, if the delivery is made by the seller's vehicle, United States mail, or common carrier or by private or contract carrier licensed by the Interstate Commerce Commission or the Georgia Public Service Commission.
48-8-148. (a) As used in this Code section, the term "building and construction materi als" means all building and construction materials, supplies, fixtures, or equipment, any combination of such items, and any other leased or purchased articles when the materials, supplies, fixtures, equipment, or articles are to be utilized or consumed during construction or are to be incorporated into construction work pursuant to a bona fide written construc tion contract.
(b) No tax provided for in this article shall be imposed upon the sale or use of building and construction materials when the contract pursuant to which the materials are purchased or used was advertised for bid prior to the voters' approval of the levy of the tax and the contract was entered into as a result of a bid actually submitted in response to the adver tisement prior to approval of the levy of the tax.
48-8-149. The commissioner shall have the power and authority to promulgate such rules and regulations as shall be necessary for the effective and efficient administration and enforcement of the collection of the tax authorized to be imposed by this article.
48-8-150. Except as provided in Code Section 48-8-6, the tax authorized by this article shall be in addition to any other local sales and use tax. Except as provided in Code Section 48-8-6, the imposition of any other local sales and use tax within a county shall not affect

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the authority of a county to impose the tax authorized by this article and the imposition of the tax authorized by this article shall not affect the imposition of any otherwise authorized local sales and use tax within the county.
48-8-151. The proceeds received from the tax authorized by this article shall be used by the board or boards of education exclusively for the purpose or purposes specified in the resolution or ordinance calling for imposition of the tax. Such proceeds shall be kept in a separate account or accounts from other funds of the school district or districts and shall not in any manner be commingled with other funds of the school district or districts prior to expenditure.'
Section 7. (a) Sections 4, 5, and 6 of this Act shall become effective only if there is ratified at the 1986 general election a constitutional amendment to authorize the General Assembly to provide for additional sources of revenue for local school systems. If such an amendment is so ratified, Sections 2, 3, and 4 of this Act shall become effective January 1, 1987.
(b) Except as provided in subsection (a) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 8. All laws and parts of laws in conflict with this Act are repealed."

On the adoption of the amendment, the yeas were 8, nays 26, and the amendment was lost.

Senator Perry of the 7th offered the following amendment: Amend HB 1469 by adding after the semicolon on line 5 of Page 1 the following: "to provide that such taxes may be imposed for landfill and waste disposal facilities;". By striking on line 24 of Page 2 the following: "sanitary landfills", and inserting in place thereof the following: "a sanitary landfill, waste incinerator, or other waste disposal facility;".

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

Senators Deal of the 49th and Allgood of the 22nd offered the following amendment:
Amend HB 1469 by deleting the word "and" on line 20, Page 3, and substituting in lieu thereof the word "or".

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

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond

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

Burton Cobb Coleman Coverdell Dawkins Deal

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Dean English Engram Fincher
oster
Greene Harrjs Harrison Hine Holloway Horton

Howard Hudgins Huggins Kidd Land
Langford McGill McKenzie p eevy Perry Phillips Ray

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

Not voting was Senator Kennedy (presiding).

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

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

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 705. By Representatives Triplett of the 128th, Murphy of the 18th, Wood of the 9th and others:
A bill to amend Article 4 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the exercise of the power to contract, so as to authorize the department to award a contract when only one bid has been received on the project; to require the department to open such bid; to require disclosure of the estimate.

The Conference Committee report on HB 705 was as follows:

The Committee of Conference on HB 705 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference substitute to HB 705 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ J. Tom Coleman, Jr. Senator, 1st District
/s/ Al Holloway Senator, 12th District
/s/ Waymond C. Huggins Senator, 53rd District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Carlton Colwell Representative, 4th District
/s/ Tom Triplett Representative, 128th District
/s/ Joe T. Wood Representative, 9th District

Conference Committee substitute to HB 705:

A BILL
To be entitled an Act to amend Code Section 32-2-69 of the Official Code of Georgia Annotated, relating to the award of contracts to the lowest reliable bidder by the Depart-

MONDAY, MARCH 3, 1986

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ment of Transportation, so as to provide procedures when only one bid is received on a project; to authorize the department to negotiate a contract under certain circumstances when only one bid is received; to authorize the department to negotiate a contract with the lowest reliable bidder under certain circumstances when the department made errors in the bidding documents; to authorize the department to award a contract to the next lowest reliable bidder if the lowest reliable bidder is released by the department because of an obvious error or if the lowest reliable bidder refuses to accept the contract; 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. Code Section 32-2-69 of the Official Code of Georgia Annotated, relating to the award of contracts to the lowest reliable bidder by the Department of Transportation, is amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 32-2-69 to read as follows:
"32-2-69. (a) The department shall award the contract to the lowest reliable bidder, provided that the department shall have the right to reject any and all such bids whether such right is reserved in the public notice or not and, in such case, the department may readvertise, perform the work itself, or abandon the project.
(b) If only one bid is received, the department shall open and read the bid. If the bid is at or below the department's cost estimate for the project as certified by the state highway engineer, such cost estimate shall be read immediately and publicly. If the bid exceeds the department's cost estimate for the project, the department may negotiate with the bidder to establish a fair and reasonable price for the contract, provided that the resulting negotiated contract price is not greater than the bid and that the department's cost estimate is dis closed to the bidder prior to the beginning of the negotiations.
(c) If the department made errors in the bidding documents which resulted in an unbal anced bid, the department may negotiate with the lowest reliable bidder to correct such errors, provided that the lowest reliable bidder is not changed.
(d) If the lowest reliable bidder is released by the department because of an obvious error or if the lowest reliable bidder refuses to accept the contract and thereby forfeits the bid bond, the department may award the contract to the next lowest reliable bidder, readvertise, perform the work itself, or abandon the project."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Coleman of the 1st moved that the Senate adopt the Conference Committee report on HB 705.

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

Those voting in the affirmative were Senators:

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

Brown of 47th Bryant Burton Cobb Coleman Coverdell Dean English Engram Fincher

Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard

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Hudgins Muggins Kennedy KLaidndd
Langford McGill McKenzie

Peevy Perry Phillips RRaeyddish
Scott of 2nd Scott of 36th Starr

Stumbaugh Tate Timmons ,,Tol,,leson
Turner Tysinger Walker

Voting in the negative was Senator Deal.

Those not voting were Senators Dawkins and Trulock.

On the motion, the yeas were 53, nays 1; the motion prevailed, and the Senate adopted the Conference Committee report on HB 705.

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

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.

Senator Greene of the 26th moved that the Senate insist upon the Senate substitute to HB 1352.

On the motion, the yeas were 40, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 1352.

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

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 House substitute to SB 340 was as follows:

A BILL
To be entitled an Act to amend Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, so as to provide that 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 no appeal may be had from default judgments in the magistrate courts; to provide for opening of defaults in certain cases; to provide for relief from judgments of the magistrate courts; to provide for recording of executions in the general execution docket kept by the clerk of superior court; to provide a minimum age requirement for clerks of the magistrate court; to provide for the powers and duties of the clerks; to provide for all matters related to the foregoing; to repeal conflicting laws; and for other purposes.

MONDAY, MARCH 3, 1986

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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:
Section 3. Said chapter is further amended by striking in its entirety subsection (b) of Code Section 15-10-41, relating to trials in and appeals from magistrate courts, and in serting in its place a new subsection (b) to read as follows:
"(b) Except as otherwise provided in this subsection, appeals may be had from judg ments 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 the magistrate court, the same to be a de novo appeal. No appeal shall lie from a default judgment entered in the magistrate court, provided that the defaulting party may, upon payment of costs, reopen the case in the magistrate court at any time prior to the expiration of 15 days following the entry of judgment. Any case so reopened shall stand immediately ready for trial."
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 Code Section 1510-47, relating to money judgments in civil cases, and inserting in its place a new Code Section 15-10-47, to read as follows.
"15-10-47. (a) Except where otherwise provided by law, the general laws and rules ap plicable to the effect, recordation, execution, and enforcement of money judgments in civil cases in the superior courts of this state shall be applicable to and govern the magistrate courts.
(b) Upon the issuance of any execution by the magistrate court, the clerk of the magis trate court shall immediately transmit a copy of the execution to the clerk of superior court of the county. The clerk of the superior court shall immediately enter the execution upon the general execution docket in the same manner as executions issued by the superior court,

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without the necessity of any action by the plaintiff in fi. fa. The clerk of superior court shall not charge or collect any fee for such entry."
Section 6. 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 7. Said chapter is further amended by striking in its entirety subsection (f) of Code Section 15-10-105, relating to the selection, compensation, and eligibility of clerks of magistrate courts, and inserting in its place a new subsection (f) to read as follows:
"(f) The eligibility for clerk is the same as for magistrate, except that a clerk shall be required to be at least 18 years of age."
Section 8. 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 9. All laws and parts of laws in conflict with this Act are repealed.
Senator Deal of the 49th moved that the Senate agree to the House substitute to SB 340 as substituted by the following substitute:
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 only certain appeals may be had from default judgments in the magistrate courts; to provide for opening of defaults in certain cases; to provide for relief from judgments of the magistrate courts; to provide for recording of executions in the general execution docket kept by the clerk of superior court; to provide a minimum age requirement for clerks of the magistrate court; to provide for the powers and duties of the clerks; to provide for all mat ters related to the foregoing; 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 15-10-

MONDAY, MARCH 3, 1986

1715

22, 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 in its entirety subsection (b) of Code Section 15-10-41, relating to trials in and appeals from magistrate courts, and in serting in its place a new subsection (b) to read as follows:
"(b) Except as otherwise provided in this subsection, appeals may be had from judg ments 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 the magistrate court, the same to be a de novo appeal. No appeal shall lie from a default judgment entered in the magistrate court, provided that the defaulting party may, upon payment of costs, reopen the case in the magistrate court at any time prior to the expiration of 15 days following the day of default. Any case so reopened shall stand immediately ready for trial. In the event that a default is not opened within the requisite period of time, review shall be by certiorari to the state court of the county or to the superior court of the county."
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 access 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 Code Section 1510-47, relating to money judgments in civil cases, and inserting in its place a new Code Section 15-10-47, to read as follows:
"15-10-47. (a) Except where otherwise provided by law, the general laws and rules ap plicable to the effect, recordation, execution, and enforcement of money judgments in civil cases in the superior courts of this state shall be applicable to and govern the magistrate courts.
(b) Upon the issuance of any execution by the magistrate court, the clerk of the magis trate court shall immediately transmit a copy of the execution to the clerk of superior court of the county. The clerk of the superior court shall immediately enter the execution upon the general execution docket in the same manner as executions issued by the superior court,

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without the necessity of any action by the plaintiff in fi. fa. The clerk of superior court shall not charge or collect any fee for such entry."
Section 6. 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 7. Said chapter is further amended by striking in its entirety subsection (f) of Code Section 15-10-105, relating to the selection, compensation, and eligibility of clerks of magistrate courts, and inserting in its place a new subsection (f) to read as follows:
"(f) The eligibility for clerk is the same as for magistrate, except that a clerk shall be required to be at least 18 years of age."
Section 8. 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 9. All laws and parts of laws in conflict with this Act are repealed.

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 Deal Dean

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

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

Those not voting were Senators:

Coverdell Dawkins

Phillips Stumbaugh

Trulock

MONDAY, MARCH 3, 1986

1717

On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate agreed to the House substitute as substituted by the Senate.
The following local bill of the House was taken up for the purpose of considering the House action thereon:
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.
Senator Peevy of the 48th moved that the Senate insist upon the Senate substitute to HB 1858.
On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 1858.
The following bills of the House were taken up for the purpose of considering the House action thereon:
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.
Senator Hine of the 52nd moved that the Senate adhere to the Senate substitute to HB 1286, 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 1286.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Hine of the 52nd, Barnes of the 33rd and Kidd of the 25th.
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.
Senator Howard of the 42nd moved that the Senate adhere to the Senate substitute to HB 1186, and that a Conference Committee be appointed.
On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 1186.
The President appointed as a Conference Committee on the part of the Senate the following:

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Senators Howard of the 42nd, Baldwin of the 29th and Coleman of the 1st.
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.
Senator Howard of the 42nd moved that the Senate insist upon the Senate substitute to HB 1177.
On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 1177.
The following local bill of the House was taken up for the purpose of considering the House action thereon:
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.
Senator Horton of the 17th moved that the Senate insist upon the Senate substitute to HB 1607.
On the motion, the yeas were 30, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 1607.
The following local bill of the Senate was taken up for the purpose of considering the House amendment thereto:
SB 596. By Senator Trulock of the 10th: A bill to provide for the composition of the Board of Education of Decatur County; to provide for the election of members of the board from education dis tricts; to provide for filling vacancies on the board; to provide for the appoint ment of the county school superintendent by the board; to provide for other mat ters relative to the foregoing; to provide for a referendum; to repeal specific Acts.
The House amendment was as follows: On Page 12, line 7, delete the year "1992" and insert in lieu thereof the year "1988".
Senator Trulock of the 10th moved that the Senate agree to the House amendment to SB 596.
On the motion, the yeas were 30, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 596.
The following general resolutions and bills of the House, favorably reported by the com mittees, were read the third time and put upon their passage:
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:

MONDAY, MARCH 3, 1986

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A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the procedures for suspending certain public officials shall be initiated upon indictment 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 and to pro vide that after the initial conviction of certain public officials for any felony in a trial court of this state or the United States, regardless of whether the official has been previously suspended, such public official shall be immediately and without further action suspended from office and to provide that such official shall not be entitled to receive any compensa tion during such suspension and to provide that if such conviction is overturned the official shall be reinstated to office and shall receive any compensation withheld and to provide for a replacement official and the filling of a vacancy and to provide for applicability; to provide for submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article II, Section III, Paragraph I of the Constitution is amended by striking subparagraph (b) and inserting in lieu thereof a new subparagraph (b) to read as follows:
"(b) Upon indictment for a felony by a grand jury of this state or by the United States, which felony indictment relates to the performance or activities of the office of any public official, the Attorney General or district attorney shall transmit a certified copy of the in dictment to the Governor or, if the indicted public official is the Governor, to the Lieuten ant Governor who shall, subject to subparagraph (d) of this Paragraph, appoint a review commission. If the indicted public official is the Governor, the commission shall be com posed of the Attorney General, the Secretary of State, the State School Superintendent, the Commissioner of Insurance, the Commissioner of Agriculture, and the Commissioner of La bor. If the indicted public official is the Attorney General, the commission shall be com posed of three other public officials who are not members of the General Assembly. If the indicted public official is not the Governor, the Attorney General, or a member of the Gen eral Assembly, the commission shall be composed of the Attorney General and two other public officials who are not members of the General Assembly. If the indicted public official is a member of the General Assembly, the commission shall be composed of the Attorney General and one member of the Senate and one member of the House of Representatives. If the Attorney General brings the indictment against the public official, the Attorney General shall not serve on the commission. In place of the Attorney General, the Governor shall appoint a retired Supreme Court Justice or a retired Court of Appeals Judge. The commis sion shall provide for a speedy hearing, including notice of the nature and cause of the hearing, process for obtaining witnesses, and the assistance of counsel. Unless a longer pe riod of time is granted by the appointing authority, the commission shall make a written report within 14 days. If the commission determines that the indictment relates to and ad versely affects the administration of the office of the indicted public official and that the rights and interests of the public are adversely affected thereby, the Governor or, if the Governor is the indicted public official, the Lieutenant Governor shall suspend the public official immediately and without further action pending the final disposition of the case or until the expiration of the officer's term of office, whichever occurs first. During the term of office to which such officer was elected and in which the indictment occurred, if a nolle prosequi is entered, if the public official is acquitted, or if after conviction the conviction is later overturned as a result of any direct appeal or application for a writ of certiorari, the officer shall be immediately reinstated to the office from which he was suspended. While a public official is suspended under this Paragraph and until initial conviction by the trial court, the officer shall continue to receive the compensation from his office. After initial conviction by the trial court, the officer shall not be entitled to receive the compensation from his office. If the officer is reinstated to office, he shall be entitled to receive any com pensation withheld under the provisions of this Paragraph."

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Section 2. Article II, Section III of the Constitution is amended by adding at the end thereof a new Paragraph II to read as follows:
"Paragraph II. Suspension upon felony conviction. Upon initial conviction of any public official designated in Paragraph I of this section for any felony in a trial court of this state or the United States, regardless of whether the officer has been suspended previously under Paragraph I of this section, such public official shall be immediately and without further action suspended from office. While a public official is suspended from office under this Paragraph, he shall not be entitled to receive the compensation from his office. If the con viction is later overturned as a result of any direct appeal or application for a writ of certiorari, the public official shall be immediately reinstated to the office from which he was sus pended and shall be entitled to receive any compensation withheld under the provisions of this Paragraph. Unless the Governor is the public official under suspension, for the duration of any suspension under this Paragraph, the Governor shall appoint a replacement official except in the case of a member of the General Assembly. If the Governor is the public officer under suspension, the provisions of Article V, Section I, Paragraph V of this Consti tution shall apply as if the Governor were temporarily disabled. Upon a final conviction with no appeal or review pending, the office shall be declared vacant and a successor to that office shall be chosen as provided in this Constitution or the laws enacted in pursuance thereof. The provisions of this Paragraph shall not apply to any conviction rendered prior to Janu ary 1, 1987."
Section 3. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.

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

"[ ] YES [ ] NO

Shall the Constitution be amended so as to provide that the procedures for suspending certain public officials shall be initiated upon indictment 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 and to provide that after the initial conviction of certain public officials for any felony in a trial court of this state or the United States, regardless of whether the official has been previously suspended, such public official shall be immediately and without further action suspended from office and to provide that such offi cial shall not be entitled to receive any compensation during such suspen sion and to provide that if such conviction is overturned the official shall be reinstated to office and shall receive any compensation withheld and to pro vide for a replacement official and the filling of a vacancy and to provide for applicability?"

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:

MONDAY, MARCH 3, 1986

1721

Albert Allgood Baldwin Barnes Bond Brannon
Broun of 46th
BrTnt Burton Cobb Coleman Dawkins Deal Dean English Engram

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

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

Those not voting were Senators:

Barker Bowen Brantley

Coverdell Horton

Hudgins Reddish

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

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

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

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 sus pended 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 compensa tion withheld and to provide that after the initial conviction of a judge for any felony in a trial court of this state or the United States, regardless of whether the judge has been previ ously suspended, such judge shall be immediately and without further action suspended from office and to provide that such judge shall not be entitled to receive any compensation during such suspension and to provide that if such conviction is overturned the judge shall be reinstated to office and shall receive any compensation withheld and to provide for a replacement judge and the filling of a vacancy and to provide for applicability; to provide for submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VI, Section VII, Paragraph VII of the Constitution is amended by striking division (1) of subparagraph (b) of said Paragraph and inserting in lieu thereof a new division (1) to read as follows:
"(1) Upon indictment for a felony by a grand jury of this state or by a grand jury of the United States of any judge, the Attorney General or district attorney shall transmit a certi fied copy of the indictment to the Judicial Qualifications Commission. The commission shall, subject to subparagraph (b) (2) of this Paragraph, review the indictment, and, if it determines that the indictment relates to and adversely affects the administration of the

1722

JOURNAL OF THE SENATE

office of the indicted judge and that the rights and interests of the public are adversely affected thereby, the commission shall suspend the judge immediately and without further action pending the final disposition of the case or until the expiration of the judge's term of office, whichever occurs first. During the term of office to which such judge was elected and in which the indictment occurred, if a nolle prosequi is entered, if the public official is ac quitted, or if after conviction the conviction is later overturned as a result of any direct appeal or application for a writ of certiorari, the judge shall be immediately reinstated to the office from which he was suspended. While a judge is suspended under this subparagraph and until initial conviction by the trial court, the judge shall continue to receive the compensation from his office. After initial conviction by the trial court, the judge shall not be entitled to receive the compensation from his office. If the judge is reinstated to office, he shall be entitled to receive any compensation withheld under the provisions of this subparagraph. For the duration of any suspension under this subparagraph, the Governor shall ap point a replacement judge. Upon a final conviction with no appeal or review pending, the office shall be declared vacant and a successor to that office shall be chosen as provided in this Constitution or the laws enacted in pursuance thereof."
Section 2. Article VI, Section VII, Paragraph VII of the Constitution is further amended by adding at the end thereof of a new subparagraph (c) to read as follows:
"(c) Upon initial conviction of any judge for any felony in a trial court of this state or the United States, regardless of whether the judge has been suspended previously under subparagraph (b) of this Paragraph, such judge shall be immediately and without further action suspended from office. While a judge is suspended from office under this subpara graph, he shall not be entitled to receive the compensation from his office. If the conviction is later overturned as a result of any direct appeal or application for a writ of certiorari, the judge shall be immediately reinstated to the office from which he was suspended and shall be entitled to receive any compensation withheld under the provisions of this subparagraph. For the duration of any suspension under this subparagraph, the Governor shall appoint a replacement judge. Upon a final conviction with no appeal or review pending, the office shall be declared vacant and a successor to that office shall be chosen as provided in this Consti tution or the laws enacted in pursuance thereof. The provisions of this subparagraph shall not apply to any conviction rendered prior to January 1, 1987."
Section 3. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.

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

"[ ] YES [ ] NO

Shall the Constitution be amended 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 and to provide that after the initial conviction of a judge for any felony in a trial court of this state or the United States, regardless of whether the judge has been previously sus pended, such judge shall be immediately and without further action sus pended from office and to provide that such judge shall not be entitled to receive any compensation during such suspension and to provide that if such conviction is overturned the judge shall be reinstated to office and shall receive any compensation withheld and to provide for a replacement judge and the filling of a vacancy and to provide for applicability?"

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.

MONDAY, MARCH 3, 1986

1723

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

Dean English Engram Fincher Foster Gillis Greene Harris Harrison Hine Howard Huggins Kidd Land Langford McGill

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

Those not voting were Senators:

Bowen Coverdell Garner

Holloway Horton Hudgins

Kennedy (presiding) McKenzie

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

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

HB 328. By Representative Ross of the 82nd:
A bill to amend Code Section 20-2-102 of the Official Code of Georgia Annotated, relating to the qualifications of county school superintendents, so as to com pletely revise and provide for the qualifications of county and independent school superintendents.
Senate Sponsor: Senator Foster of the 50th.

The Senate Committee on Education offered the following amendment:
Amend HB 328 by striking after the word "experience" on Page 2, lines 2 and 3, the following language:
"in grades kindergarten through 12".

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.

1724

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

Fincher Foster Garner Gillis Greene Harris Harnson Hme Holloway Horton
Howard Huggins Kidd Langford McGill McKenzie

Peevy

Perry

Phillips

Rav

Reddish

Scott of 2nd

g

36th

c

^tarr , Stumbaugh

Tate Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Barker Barnes Bond

Bowen Dawkins Hudgins

Kennedy (presiding) Land 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.

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

Coleman Coverdell Dawkins Deal Dean English Engram Fincher Foster Gillis Greene Harris

Harrison Hine Holloway Horton Howard Hudgins Huggins Kidd McGill Peevy Perry Phillips

MONDAY, MARCH 3, 1986

1725

Ray Reddish Scott of 2nd Scott of 36th

Starr Stumbaugh Tate Tolleson

Turner Tysinger Walker

Those not voting were Senators:

Barker Bowen Garner

Kennedy (presiding) Land Langford

McKenzie 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 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.
Senator 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 Cobb Coleman Dawkins Deal Dean

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

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

Those not voting were Senators:

Barker Bond Coverdell Greene

Kennedy (presiding) Land Langford

McKenzie Timmons Tolleson

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

1726

JOURNAL OF THE SENATE

The bill, having received the requisite constitutional majority, was passed.
HR 794. By Representatives Lee of the 70th, Thomas of the 69th and Shepard of the 71st: A resolution creating the Carroll County Government Authority Study Commission.
The 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 Bowen Brantley Broun of 46th Brown of 47th Burton Cobb Coleman Coverdell Deal

Dean English Engram Fincher Foster Garner Gillis Harris Harrison Hine Horton Howard Hudgins

Huggins Kidd Langford McGill Peevy Ray Reddish Scott of 2nd Scott of 36th Stumbaugh Tate Tysinger Walker

Those voting in the negative were Senators:

Perry

Trulock

Those not voting were Senators:

Barker Bond Brannon Bryant Dawkins

Greene Holloway Kennedy (presiding) Land McKenzie

Turner
Phillips Starr Timmons Tolleson

On the adoption of the resolution, the yeas were 39, nays 3.

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

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.
Senate Sponsor: Senator Deal of the 49th.

The report of committee, which was favorable to the 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, MARCH 3, 1986

1727

Those voting in the affirmative were Senators:

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

Engram Fincher Foster Garner Gillis Harris Harrison Hine Horton Howard Hudgins Huggins Kidd McGill

Those not voting were Senators:

Barker Bond Brannon Cobb Dawkins

Greene Holloway Kennedy (presiding) Land

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

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

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

The President resumed the Chair.

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.
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 Bowen Brantley Broun of 46th Burton Deal Dean English Engram

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

Kennedy Kidd Langford McGill Perry Phillips Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate

1728

JOURNAL OF THE SENATE

Trulock Turner

Tysinger

Walker

Those not voting were Senators:

Allgood Bond Brannon Brown of 47th Bryant Cobb

Coleman Coverdell Dawkins Greene Land

McKenzie Peevy Reddish Timmons Tolleson

On the passage of the bill, the yeas were 40, 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 1300. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th, Smyre of the 92nd and Benefield of the 72nd:
A bill to make and provide appropriations for the fiscal year beginning July 1, 1986, and ending June 30, 1987.

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

SR 497. By Senators Allgood of the 22nd and Kennedy of the 4th: A resolution relative to adjournment.

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 517. By Representatives Wall of the 61st, Clark of the 55th, Smith of the 152nd, Morton of the 47th, Barnett of the 10th and others:
A resolution applying to the Congress of the United States to call a convention for the purpose of proposing an amendment to the Constitution of the United States to allow for voluntary silent prayer in public schools.
Senate Sponsor: Senator Kidd of the 25th.

Senator Kidd of the 25th offered the following substitute to HR 517:

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 conduct a brief period of voluntary

MONDAY, MARCH 3, 1986

1729

silent prayer, meditation, or contemplation at the opening of each school day; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

That the State of Georgia urges the Congress of the United States to propose an amendment to the Constitution of the United States which would authorize the public schools to conduct a brief period of voluntary silent prayer, meditation, or contemplation at the opening of each school day.

BE IT FURTHER RESOLVED that the State of Georgia requests the Congress to submit to the several states an amendment to the Constitution of the United States for purposes of ratification.

BE IT FURTHER RESOLVED that the State of Georgia also proposes that the legisla tures of each of the several states comprising the United States apply to the Congress re questing the enactment of an amendment to the United States Constitution, as described in this resolution.

BE IT FURTHER RESOLVED that this resolution be transmitted 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 41, 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 Bowen Brantley Brown of 47th Bryant Burton Cobb Coleman Dawkins Deal Dean

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

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

Those not voting were Senators:

Bond Brannon Broun of 46th

Coverdell Greene Hine

Land Peevy Reddish

1730

JOURNAL OF THE SENATE

Timmons

Tolleson

On the adoption of the resolution, the yeas were 45, nays 0.

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

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.
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 Brantley BoBBrrrooywuannntoofcf 44A67mtthih.

English
Engram Foster Garner
Gillis Harris HuHH-oianlrleroiswoany

BCoubrtbon Coleman Dawkins Deal Dean

HHoowrtoarnd Huggins Kennedy Kidd Langford

McGill McKenzie Peevy Perry Phillips j^ cScStcuom,t,tb, oaffug3Qh6,ctth,
Tlaotleleson Trulock Turner Tysinger Walker

Voting in the negative was Senator Hudgins.

Those not voting were Senators:

Bond Bowen
Brannon Coverdell

Fincher Greene
Land Reddish

Scott of 2nd Starr Timmons

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

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

HB 1658. By Representative Walker of the 85th:
A bill to amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to property tax exemptions, so as to exempt from the return and payment of ad valorem taxes certain tangible personal property if the value of that property does not exceed $1,000.00.
Senate Sponsor: Senator Hudgins of the 15th.

MONDAY, MARCH 3, 1986

1731

Senator Hudgins of the 15th offered the following substitute to HB 1658:

A BILL

To be entitled an Act to amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to property tax exemptions, so as to exempt from the return and payment of ad valorem taxes certain tangible personal property if the value of the property does not exceed $500.00; to provide for a referendum; to provide for effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to property tax exemptions, is amended by adding following Code Sec tion 48-5-42 a new Code Section 48-5-42.1 to read as follows:

"48-5-42.1 (a) It is the intent of this Code section to exempt from the payment of ad valorem taxation certain tangible personal property in which the tax due exceeds the rea sonable cost of administering and collecting the tax.

(b) All tangible personal property of a taxpayer, except motor vehicles, trailers, and mobile homes, shall be exempt from all ad valorem taxation if the actual fair market value of the total amount of taxable tangible personal property owned by the taxpayer within the county, as determined by the board of tax assessors, does not exceed $500.00."

Section 2. The Secretary of State shall call and conduct a referendum for the approval or disapproval of this Act on the date of and in conjunction with the November, 1986, gen eral election. The Secretary of State shall cause the date and purpose of the referendum to be published in the official organ of each county in the state once a week for two weeks immediately preceding the date of the referendum. The ballot shall have written or printed thereon the following:

"[ ] YES [ ] NO

Shall the Act be approved which grants an exemption from the payment of ad valorem taxes on certain tangible personal property if the total value of taxable tangible personal property owned by the taxpayer within the county does not exceed $500.00?"

All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Section 1 of this Act shall become effective on January 1, 1987, and shall apply to all tax years beginning on or after that date; otherwise, Section 1 of this Act shall be void.

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:

Allgood Baldwin Barker Barnes Bowen Brantley Broun of 46th

Brown of 47th Bryant Burton Cobb Coleman Dawkins Deal

Dean English Engram Fincher Foster Garner Gillis

1732

JOURNAL OF THE SENATE

Harris Harrison Hine Holloway Horton Howard Hudgins Huggins Kennedy

Kidd Langford McGill McKenzie Peevy Perry Phillips Ray Reddish

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

Those not voting were Senators:

Albert Bond Brannon

Coverdell Greene Land

Starr 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.

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.
Senate Sponsors: Senators Hudgins of the 15th and Walker of the 43rd.

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

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

MEMORANDUM

TO:

The Honorable Joe Mack Wilson, Chairman

House Ways and Means Committee

FROM:

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

DATE:

January 30, 1985

SUBJECT: Fiscal Note--House Bill 216 (LC 14-3765) Income Tax: Exclude Dependent Care Assistance

This Bill provides that Georgia taxable net income of an individual would not include amounts paid or incurred by the individual's employer for dependent care assistance pro vided to the individual if such amounts are excluded from gross income of the individual for federal income tax purposes by Section 129 of the Internal Revenue Code of 1954 as it existed on January 1, 1985. This exclusion would be effective for tax years beginning on or after January 1, 1985.

The Department of Revenue has determined that this Bill will have no fiscal impact on state revenue from income taxes.

MONDAY, MARCH 3, 1986

1733

Is/ 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 Broun of 46th Brown of 47th Bryant Burton Cobb Dawkins Dean English Engram Fincher

Foster Garner Gillis Harris Harrison Holloway Horton Howard Hudgins Huggins Kennedy Kidd Langford McGill McKenzie

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

Those not voting were Senators:

Bond Bowen Brannon Brantley

Coleman Coverdell Deal Greene

Hine Land Scott of 2nd

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

The bill, having received the requisite constitutional

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.
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 Bowen

Broun of 46th Brown of 47th Bryant

1734

JOURNAL OF THE SENATE

Burton Cobb Coleman
Dawkin9 Dean
FFmonsgctleh' srehr Garner Gilljg Greene Harris Hine

Holloway Horton Howard
Hudgins Huggins
KKeldndnedyJ Langford McGill Peevy Perry Phillips

Ray Reddish Scott of 2nd
Scott of 36th Starr
STtautme baugh Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Bond Brannon Brantley Coverdell

Deal Engram Harrison

Land McKenzie Timmons

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

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

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

HB 1300. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th, Smyre of the 92nd and Benefield of the 72nd:
A bill to make and provide appropriations for the fiscal year beginning July 1, 1986, and ending June 30, 1987.

Senator Starr of the 44th moved that the Senate adhere to the Senate substitute to HB 1300, 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.

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.

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.

Senator Kidd of the 25th moved that the Senate adhere to the Senate substitute to HB 1550, and that a Conference Committee be appointed.

On the motion, the yeas were 38, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 1550.

MONDAY, MARCH 3, 1986

1735

The President appointed as a Conference Committee on the part of the Senate the following:
Senators Kidd of the 25th, Walker of the 43rd and Hudgins of the 15th.
The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:
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.
Senate Sponsor: Senator Barnes of the 33rd.
The Senate Committee on Judiciary and Constitutional Law offered the following sub stitute to HB 1296:
A BILL
To be entitled an Act to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to 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 Secretary of State; to provide that either articles of incorporation or bylaws may require greater than simple majority ac tions; to provide for shareholder notice provisions in the sale or disposition of corporate assets; to provide for certain filing fees for the Secretary of State; to change a certain title of the Secretary of State; to provide authority to the Secretary of State for the promulgation of rules and regulations for administration of corporations provisions; to provide for definitions regarding certain corporations; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, is amended by adding at the end of Code Section 14-2-5, relating to filing and correction of documents, a new subsection, to be designated subsection (d), to read as follows:
"(d) The Secretary of State shall retain original charter documents and any other origi nal documents related thereto for a period of seven years, after which such documents shall be retained in microform. Annual reports and other such documents shall be retained for a period not to exceed five years."
Section 2. Said title is further amended by striking in its entirety subsection (e) of Code Section 14-2-41, relating to reservation of a corporate name, and inserting in its place a new subsection (e) to read as follows:
"(e) Prior to incorporation of a corporation, the Secretary of State may revoke any reservation if, after review, it is determined that the name reservation:
(1) Was not made in good faith;
(2) Is presently reserved or in use by another corporation or is confusingly similar to another reserved or corporate name;
(3) Was made without all fees being paid in full; or
(4) Was made in violation of this chapter or any other law of this state."
Section 3. Said title is further amended by striking in its entirety paragraph (4) of

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subsection (c) of Code Section 14-2-172, relating to filing of articles of incorporation and certificate of corporate name, and inserting in its place a new paragraph to read as follows:
"(4) A letter addressed to the publisher of a newspaper which is the official organ of the county where the initial registered office of the corporation is to be located or which is a newspaper of general circulation published within said county whose most recently pub lished annual statement of ownership and circulation reflects a minimum of 60 percent paid circulation. Said letter shall contain a notice to be published four times in said newspaper and shall be in substantially the following form:
(Name and address of the newspaper designated by the incorporator or incorporators or his or their representative)
You are requested to publish, four times, a notice in the following form:
'_____________________________(name of corporation) has been duly in corporated on _________ ___, 19_ (month, day, and year to be inserted by the Secretary of State), by the issuance of a certificate of incorporation by the Secretary of State, in accordance with the applicable provisions of the Georgia Business Corporation Code. The initial registered office of the corporation is located at ------------------------------ (address of registered office) and its initial registered (agent) (agents) at such address (is) (are) _________ (name or names of agent or agents).'
Enclosed is a (check, draft, or money order) in the amount of $60.00 in payment of the cost of publishing this notice.
Very truly yours, (Name and address of
incorporator or incorporators or his or their representative)"
Section 4. Said title is further amended by striking in its entirety paragraph (1) of subsection (e) of Code Section 14-2-172, relating to filing of articles of incorporation and certificate of corporate name, and inserting in its place a new paragraph to read as follows:
"(1) Issue a certificate of incorporation in substantially the following form and attach it to one conformed copy of the articles of incorporation:
State of Georgia Office of the Secretary of State Corporation Commissioner This is to certify that _______________ (the name of the corporation) has been duly incorporated under the laws of the State of Georgia on the _ day of _, 19_ (insert date articles of incorporation are delivered for filing), by the filing of articles of incorpora tion in the office of the Secretary of State and the fees therefor paid, as provided by law, and that attached hereto is a true copy of said articles of incorporation.
Witness my hand and official seal, this _ day of __, 19___.
Secretary of State Corporation
Commissioner of the State of Georgia"
Section 5. Said title is further amended by striking in its entirety subsection (c) of Code Section 14-2-176, relating to bylaws of corporations, and inserting in its place a new subsec tion (c) to read as follows:
"(c) Action by the shareholders with respect to bylaws shall be taken by an affirmative vote of a majority of all shares entitled to elect directors, and action by the directors with respect to bylaws shall be taken by an affirmative vote of a majority of all directors then

MONDAY, MARCH 3, 1986

1737

holding office, unless in either case the articles of incorporation or bylaws shall require such action to be taken by a greater number."

Section 6. Said title is further amended by striking in its entirety paragraph (2) of Code Section 14-2-231, relating to the sale or other disposition of corporate property and assets requiring shareholder approval, and inserting in its place a new paragraph (2) to read as follows:

"(2) Written notice shall be given to each shareholder of record, whether or not entitled to vote at such meeting, not less than 20 days before such meeting, in the manner provided in Code Section 14-2-113 for the giving of notice of meetings of shareholders, and, whether the meeting is an annual or a special meeting, shall state that the purpose or one of the purposes is to consider the proposed sale, lease, exchange, or other disposition. The notice shall fairly summarize the material features of the proposed transaction and, if such share holders would be entitled to exercise rights under Code Sections 14-2-250 and 14-2-251, shall contain a clear and concise statement that, if the sale, lease, exchange, or other disposi tion is effected, shareholders dissenting therefrom are entitled, if they file a written objec tion to such transaction before the vote of the shareholders is taken thereon and comply with the further provisions of Code Section 14-2-251 regarding the rights of dissenting shareholders, to be paid the fair value of their shares;".

Section 7. Said title is further amended by adding at the end of Code Section 14-2-372, relating to miscellaneous charges, three new paragraphs, to be designated paragraphs (4), (5), and (6), to read as follows:

"(4) For filing a copy of a resolution creating a residential care facilities au thority as provided in subsection (d) of Code Section 31-7-113 . . . . 10.00

(5) For filing a copy of a resolution creating a downtown development au

thority as provided in subsection (b) of Code Section 36-42-5

10.00

(6) For filing a copy of a resolution creating a development authority as provided in subsection (c) of Code Section 36-62-4 ............... 10.00"

Section 8. Said title is further amended by striking in its entirety Code Section 14-5-20, relating to the Secretary of State as ex officio corporation commissioner, and inserting in its place a new Code Section 14-5-20 to read as follows:
"14-5-20. The Secretary of State shall be corporation commissioner and shall be charged with the execution of the duties set forth in Chapters 2 through 5 of this title. Where the office of Secretary of State shall become vacant by resignation, death, or other wise, his authority as corporation commissioner shall immediately vest in the assistant cor poration commissioner who shall be charged with the execution of the duties of the Secre tary of State set forth in this title until the office of Secretary of State ceases to be vacant."
Section 9. Said title is further amended by adding immediately following Code Section 14-5-22 a new Code section, to be designated Code Section 14-5-23, to read as follows:
"14-5-23. Notwithstanding any other law to the contrary, the Secretary of State may promulgate such rules and regulations, not inconsistent with the provisions of this title, which are incidental to and necessary for the implementation and enforcement of such pro visions of this title as are administered by the Secretary of State. Such rules and regulations shall be promulgated in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' "
Section 10. Said title is further amended by striking in its entirety paragraph (3) of Code Section 14-7-2, relating to definitions concerning professional corporations, and in serting in its place a new paragraph (3) to read as follows:
"(3) 'Professional corporation' means a corporation, whether domestic or foreign, organ ized under Chapter 2 of this title which has elected to become subject to this chapter."

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JOURNAL OF THE SENATE

Section 11. 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 Barnes Bowen Brantley Broun of 46th Brown of 47th
nBCouybrftbon Coleman Dawkins Deal Dean English Engram

Fincher Foster Garner Gillis Greene Harris Hine Horton
H.H.ouwd,gam.rds Huggins Kennedy Kidd Land Langford McGill

McKenzie Peevy Perry Phillips Ray Reddish Scott of 36th gtarr
S_Ttaut.me baug&h Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Barker Bond Brannon

Coverdell Harrison

Holloway 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 by substitute.

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

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.

Senator Langford of the 35th moved that the Senate insist upon the Senate substitute to HB 1638.

On the motion, the yeas were 38, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 1638.

MONDAY, MARCH 3, 1986

1739

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 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.
Senate Sponsor: Senator Reddish of the 6th.

The Senate Committee on Public Utilities offered the following amendment:
Amend HR 585 by adding in Section 4 on line 18 of Page 3, following the word "Com mission" and preceding the ".", the following:
"; provided, however, that, upon the sale of any of the above-described real property by Brantley County, said county shall be required to pay the State of Georgia an amount equal to $550.00 times the number of acres sold."

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

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

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

Those voting in the affirmative were Senators:

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

English Engram Fincher Foster Garner Gillis Greene Harris Hine Horton Hudgins Kennedy Kidd Land Langford McGill McKenzie

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

Those not voting were Senators:

Bond Brannon

Harrison Holloway

Howard Huggins

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

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JOURNAL OF THE SENATE

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

HB 1986. By Representatives Logan of the 67th and Argo of the 68th:
A bill to amend Part 1 of Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to privileged communications in general, so as to provide a privilege for information concerning veterinary care; to amend Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to inspection of public records, so as to provide that records of veterinary care shall not be open to public inspection.
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 Barnes Bowen Brantley Broun of 46th rBB>rroywannt otf 4A7ntnh.
Burton Cobb
Coleman Coverdell Deal Dean English

Engram Fincher Foster Garner Gillis Greene Harris uHH-oinlleoway
Horton Howard
Hudgins Huggins Kennedy Kidd Land

Langford McGill McKenzie Peevy Perry j^ c ** r n A S!oc'oontttt eOoff 23on6ctdtkh
^tarr , Stumbaugh
* ate Tolleson Turner Tysinger Walker

Voting in the negative was Senator Dawkins.

Those not voting were Senators:

Barker Bond Brannon

Harrison Phillips Reddish

Timmons Trulock

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

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

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.
Senate Sponsor: Senator Hine of the 52nd.

MONDAY, MARCH 3, 1986

1741

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

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

Those voting in the affirmative were Senators:

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

English Engram Garner Gillis Greene Harris Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Langford

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

Those not voting were Senators:

Baldwin Barker Bond Brannon

Fincher Foster Harrison Land

McKenzie Phillips Timmons

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

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

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

Mr. President:

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

HB 1919. 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 for the compensation of the Coroner of Clarke County, so as to change the provisions regarding that compensation.

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

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.

1742

JOURNAL OF THE SENATE

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 1757. By Representatives Redding of the 50th, Robinson of the 58th, Richardson of the 52nd, Childs of the 53rd, Dean of the 29th and others:
A bill to amend Code Section 31-3-2 of the Official Code of Georgia Annotated, relating to the composition of county boards of health, so as to change the provi sions relating to the chief executive officer of the largest municipality of a county being a member of a county board of health; to authorize the adoption of certain county ordinances when the legal situs of the largest municipality lies within an adjoining county.
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 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 Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Tolleson Trulock Turner Tysinger Walker

Voting in the negative was Senator Langford.

Those not voting were Senators:

Bond Bowen Brannon

Brantley Howard Phillips

Ray Timmons

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

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

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.
Senate Sponsor: Senator Peevy of the 48th.

MONDAY, MARCH 3, 1986

1743

The Senate Committee on Judiciary and Constitutional Law offered the following sub stitute to HB 1283:
A BILL
To be entitled an Act 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 and certifications; to specify the manner of endorse ment of an application for a notary commission; to correct clerical errors; to define terms used in said article; to provide that failure to include a seal on a notarial certificate on a document executed prior to July 1, 1986, shall not affect the eligibility for recording of docu ments and shall not affect the status of such documents as actual notice or record notice; to specify the powers and duties of notaries; to provide for subscription of attachment and garnishment and dispossessory affidavits; to provide that certain requirements for the com pletion of notarial certifications shall not apply to the attestation or witnessing of a deed or other instrument pertaining to real property; to provide that past or future failure to com ply with certain requirements for the completion of notarial certifications on documents executed prior to July 1, 1986, shall not affect the eligibility of a document for recording and shall not affect the status of a document as record notice or actual notice; to provide for all related matters; to amend Article 3 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to dispossessory warrants, so as to provide that an affidavit made in a dispossessory proceeding may be made before a notary public subject to judicial approval; 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 17 of Title 45 of the Official Code of Georgia Annotated, relating to notaries public in general, is amended by striking Code Section 45-17-1, relating to power to appoint notaries, and inserting in its place new Code Sections 45-17-1 and 4517-1.1 to read as follows:
"45-17-1. As used in this article, the term:
(1) 'Attesting' and 'attestation' are synonymous and mean the notarial act of witnessing or attesting a signature or execution of a deed or other written instrument, where such nota rial act does not involve the taking of an acknowledgement, the administering of an oath or affirmation, the taking of a verification, or the certification of a copy.
(2) 'Notarial act' means any act that a notary public is authorized by law to perform and includes, without limitation, attestation, the taking of an acknowledgement, the admin istration of an oath or affirmation, the taking of a verification upon an oath or affirmation, and the certification of a copy.
(3) 'Notarial certificate' means the notary's documentation of a notarial act.
45-17-1.1. The power to appoint notaries public is vested in the clerks of the superior courts and may be exercised by them at any time."
Section 2. Said article is further amended by striking Code Section 45-17-2, relating to qualifications of notaries, and inserting in its place a new Code section to read as follows:
"45-17-2. (a) Any individual applying for appointment to be a notary public must be:
(1) At least 18 years old:
(2) A resident of this state;
(3) A resident of the county from which such individual is appointed; and
(4) Able to read and write the English language.
(b) The qualifications of paragraphs (2) and (3) of subsection (a) of this Code section shall not apply to any individual applying for appointment as a notary public under the provisions of Code Section 45-17-7."

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JOURNAL OF THE SENATE

Section 3. Said article is further amended by striking paragraph (1) of subsection (b) of Code Section 45-17-2.1, relating to applications for appointment as a notary, and inserting in its place a new paragraph to read as follows:
"(1) Endorsements from two persons who are not relatives of the applicant, who are at least (18) years old, and who reside in the county in which the individual makes application. The endorsement shall be in the following form:
I, ___________, being 18 years of age or older and a resident of (name of endorser)
believe the applicant for a notary public commission, (name of county)
____________, who is not related to myself, to be a person of integrity, good (name of applicant)
moral character, and capable of performing notarial acts.

(signature of endorser)

(date)

(address of endorser)".
Section 4. Said article is further amended by striking subsection (a) of Code Section 4517-6, relating to seals of notaries, and inserting in its place a new subsection to read as follows:
"(a) (1) For the authentication of his notarial acts each notary public must provide a seal of office, which seal shall have for its impression his name, the words 'Notary Public,' the name of the state, and the county of his residence; or it shall have for its impression his name and the words 'Notary Public, Georgia, State at Large.' Notaries commissioned or renewing their commission after July 1, 1985, shall provide a seal of office which shall have for its impression the notary's name, the words 'Notary Public,' the name of the state, and the county of his appointment. The embossment of notarial certificates by the notary's seal shall be authorized but not necessary, and the use of a rubber or other type stamp shall be sufficient for imprinting the notary's seal. A scrawl shall not be a sufficient notary seal. An official notarial act must be documented by the notary's seal.
(2) No document executed prior to July 1, 1986, which would otherwise be eligible for recording in the real property records maintained by any clerk of superior court or consti tute record notice or actual notice of any matter to any person shall be ineligible for record ing or fail to constitute such notice because of noncompliance with the requirement that the document contain a notary seal."
Section 5. Said article is further amended by striking subsection (a) of Code Section 4517-8, relating to powers and duties of notaries, and inserting in its place a new subsection to read as follows:
"(a) Notaries public shall have authority to:
(1) Witness or attest signature or execution of deeds and other written instruments;
(2) Take acknowledgements;
(3) Administer oaths and affirmations in all matters incidental to their duties as com mercial officers and all other oaths and affirmations which are not by law required to be administered by a particular officer;
(4) Witness affidavits upon oath or affirmation; and
(5) Take verifications upon oath or affirmation;
(6) Make certified copies, provided that the document presented for copying is an origi nal document and is neither a public record nor a publicly recorded document certified

MONDAY, MARCH 3, 1986

1745

copies of which are available from an official source other than a notary and provided that the document was photocopied under supervision of the notary; and
(7) Perform such other acts as they are authorized to perform by other laws of this state."
Section 6. Said Act is further amended by striking subsection (d) of said Code Section 45-17-8 and inserting in its place a new subsection to read as follows:
"(d) A notary public shall not execute a notarial certificate containing a statement known by the notary to be false nor perform any action with an intent to deceive or defraud."
Section 7. Said article is further amended by striking Code Section 45-17-8.1, relating to completion of notarial certifications, and inserting in its place a new Code section to read as follows:
"45-17-8.1 (a) Except as otherwise provided in this Code section, in documenting a no tarial act, a notary public shall sign on the notarial certification, by hand in ink, only and exactly the name indicated on the notary's commission and shall record on the notarial certification the exact date of the notarial act.
(b) The requirement of subsection (a) of this Code section for recording of the date of the notarial act shall not apply to an attestation of deeds or any other instruments pertain ing to real property.
(c) No document executed prior to July 1, 1986, which would otherwise be eligible for recording in the real property records maintained by any clerk of superior court or consti tute record notice or actual notice of any matter to any person shall be ineligible for record ing or fail to constitute such notice because of noncompliance with the present or any prior requirements of this Code section."
Section 8. Said article is further amended by striking Code Section 45-17-10, relating to authority of notaries with respect to attachments and garnishments, and inserting in its place a new Code section to read as follows:
"45-17-10. It shall not be lawful for notaries public to issue attachments or garnish ments, to approve bonds for the purpose of issuing attachments or garnishments, or to issue a summons in a dispossessory case; but a notary may attest an affidavit in an attachment, garnishment, or dispossessory action; provided, however, no writ or summons in said matter shall issue without first having judicial approval as provided by law."
Section 9. Article 3 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to dispossessory warrants, is amended by striking Code Section 44-7-50, relating to demand for possession and procedure upon tenant's refusal, in its entirety and inserting in lieu thereof a new Code Section 44-7-50 to read as follows:
"44-7-50. In all cases where a tenant holds possession of lands or tenements over and beyond the term for which they were rented or leased to him or fails to pay the rent when it becomes due and in all cases where lands or tenements are held and occupied by any tenant at will or sufferance, whether under contract of rent or not, when the owner of the lands or tenements desires possession of the lands or tenements, the owner may, by himself, his agent, his attorney in fact, or his attorney at law, demand the possession of the property so rented, leased, held, or occupied. If the tenant refuses or fails to deliver possession when so demanded, the owner, his agent, his attorney at law, or his attorney in fact may go before the judge of the superior court, the judge of the state court, or the clerk or deputy clerk of either court, or the judge or the clerk or deputy clerk of any other court with jurisdiction over the subject matter, or a magistrate in the district where the land lies and make an affidavit under oath to the facts. The affidavit may likewise be made before a notary public, subject to the same requirements for judicial approval specified in Code Section 18-4-61, relating to garnishment affidavits."
Section 10. This Act shall become effective upon its approval by the Governor or upon

1746

JOURNAL OF THE SENATE

its becoming law without such approval. It is expressly declared that the curative provisions of paragraph (2) of subsection (a) of Code Section 45-17-6 and of subsection (c) of Code Section 45-17-8.1, as enacted by this Act, are intended to have retroactive application except to the extent that such retroactive application would unconstitutionally impair any vested right.
Section 11. 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 Bwen B,,BBrrrooawnutnnleoyo'f,f 44.6-7,tt,hh
Bryant Burton Cobb Coleman
Coverdell Dawkins Deal

Dean English Engram Fincher Foster Garner G,,HH.imolhretson
Howard Huggins Kidd Land
Langford McGill McKenzie

Peevy Perry Ray Reddish Scott of 2nd Scott of 36th 0SQStt., uarmr b, augh,
* Timmons Tolleson Trulock
Turner Tysinger Walker

Those not voting were Senators:

Bond Brannon Greene

Harris Harrison Holloway

Hudgins Kennedy Phillips

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

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

HB 1839. By Representative Isakson of the 21st:
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".
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:

MONDAY, MARCH 3, 1986

1747

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes
Bowen Brantley
RBrown off

English Engram Foster Garner Gillis Harris Hine
.H. ort, on

McKenzie Peevy Perry Ray Reddish Scott of 2nd Scott of 36th
S,,.tumb, augh,

Cobb Coleman Coverdell Dawkins Deal Dean

Huggins Kennedy Kidd Land Langford McGill

Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Bond Brannon Fincher

Greene Harrison

Hudgins Phillips

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

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

HR 481. By Representative Oliver of the 121st: A resolution compensating Mr. R. Glenn Smith in the amount of $1,199.00. Senate Sponsor: Senator Dean of the 31st.

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

The resolution, involving an appropriation, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Deal Dean English Engram Fincher Foster Garner Gillis Harris Hine Holloway Horton Howard
Huggins Kennedy

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

1748

JOURNAL OF THE SENATE

Tolleson Trulock

Turner Tysinger

Those not voting were Senators:

Walker

Bond Brannon

Greene Harrison

Hudgins Phillips

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

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

HR 567. By Representative Ross of the 82nd: A resolution compensating Miss Annie M. Peterson in the amount of $300.00. Senate Sponsor: Senator Dean of the 31st.

The Senate Committee on Appropriations offered the following amendment:
Amend HR 567 by striking on Page 1, line 19, the figure "$300.00" and inserting in lieu thereof the figure "$167.00".

On the adoption of the amendment, the yeas were 50, nays 0, and the amendment was adopted.

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

The resolution, involving an appropriation, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes

English Engram Fincher Foster Garner

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

Harris Hine Holloway Horton Howard Huggins Kennedy Kidd Land Langford McGill

Those not voting were Senators:

McKenzie Peevy Perry Ray Reddish Scott of 2nd Scott of 36th SS,,,ttuarmrb, augh, late Timmons Tolleson Trulock Turner Tysinger Walker

Bond Brannon

Greene Harrison

Hudgins Phillips

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

MONDAY, MARCH 3, 1986

1749

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

HR 593. By Representative Johnson of the 76th:
A resolution compensating Wyman Nail, Jr., and Rhonda Nail in the amount of $2,045.60.
Senate Sponsor: Senator Dean of the 31st.

The Senate Committee on Appropriations offered the following amendment:
Amend HR 593 by striking on Page 1, line 18 the figure "$2,045.60" and inserting in lieu thereof the figure "$681.87".

On the adoption of the amendment, the yeas were 50, nays 0, and the amendment was adopted.

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

The resolution, involving an appropriation, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen
Boroun 6oyf, 4,,*6thv Brown of 47th Bryant
Burton Cobb Coleman Coverdell Dawkins Deal Dean

English Engram Fincher Foster Garner Gillis
HSianrerl8 Holloway Horton
Howard Huggins Kennedy Kidd Land Langford McGill

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

Those not voting were Senators:

Bond Brannon

Greene Harrison

Hudgins Phillips

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

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

HR 635. By Representative Sizemore of the 136th: A resolution compensating Mr. Willie Lee Boone in the amount of $550.00. Senate Sponsor: Senator Dean of the 31st.

1750

JOURNAL OF THE SENATE

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

The resolution, involving an appropriation, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

English Engram Fincher Foster Garner Gillis Harris Hine Holloway Horton Howard Huggins Kennedy Kidd Land Langford McGill

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

Those not voting were Senators:

Bond Brannon

Greene Harrison

Hudgins Phillips

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

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

HR 643. By Representative Mueller of the 126th: A resolution compensating Ms. Barbara Ann Rozier Sawyer in the amount of $78.43.
Senate Sponsor: Senator Dean of the 31st.

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

The resolution, involving an appropriation, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Bryant Burton Cobb Coleman Coverdell Dawkins Deal Dean English

Engram Fincher Foster Garner Gillis Harris Hine Holloway Horton

MONDAY, MARCH 3, 1986

1751

Howard Huggins Kennedy LKaidndd
Langford McGill McKenzie

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

Tate Timmons Tolleson TITrUnIlOoCrkK
Turner Tysinger Walker

Those not voting were Senators:

Bond Brannon

Greene Harrison

Hudgins Phillips

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

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

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.
Senate Sponsor: Senator Dean of the 31st.

The Senate Committee on Appropriations offered the following amendment:
Amend HR 666 by striking on Page 1, line 20, the figure "$4,343.49" and inserting in lieu thereof the following:
"$2,171.75".

On the adoption of the amendment, the yeas were 50, nays 0, and the amendment was adopted.

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

The resolution, involving an appropriation, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brantley ^ Broun of 46th BBrroywannt of 47th
BCoubrtbon Coleman Coverdell Dawkins Deal Dean

English Engram Fincher Foster Garner Gillis Harris Hme HHoolrltoownay
HHuogwgairnds Kennedy Kidd Land Langford McGill

McKenzie Peevy Perry Ray Reddish Scott of 2nd Scott of 36th Starr rS,,tumb, augh,
*Ii.mmons Tolleson Trulock Turner Tysinger Walker

1752

JOURNAL OF THE SENATE

Those not voting were Senators:

Bond Brannon

Greene Harrison

Hudgins Phillips

On the adoption of the resolution, the yeas were 50, nays 0.
The resolution, having received the requisite constitutional majority, was adopted as amended.
HR 689. By Representative Kingston of the 125th: A resolution compensating Mr. M.C. Nettles in the amount of $3,254.61.
Senate Sponsor: Senator Dean of the 31st.
The Senate Committee on Appropriations offered the following amendment: Amend HR 689 by striking on Page 2, line 6, the figure "$3,254.61" and inserting in lieu thereof the following: "$1,627.31".
On the adoption of the amendment, the yeas were 50, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to.
The resolution, involving an appropriation, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

English Engram Fincher Foster Garner Gillis Harris Hine Holloway Horton Howard Huggins Kennedy Kidd Land Langford McGill

Those not voting were Senators:

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

Bond Brannon

Greene Harrison

Hudgins Phillips

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

MONDAY, MARCH 3, 1986

1753

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

HR 742. By Representative Morton of the 47th: A resolution compensating Mr. Franklin D. Woodall in the amount of $2,839.95. Senate Sponsor: Senator Dean of the 31st.

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

The resolution, involving an appropriation, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen

English Engram Fincher Foster Garner Gillis

Boroun 6oy,f 46thu BBrroywannt of 47th
Burton Cobb Coleman Coverdell Dawkins Deal Dean

SHianre"S HHoolrltoownay
Howard Huggins Kennedy Kidd Land Langford McGill

McKenzie Peevy Perry Rav Reddish Scott of 2nd
S,,.cott of 36th S,,.tumb, augh,
late Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Bond Brannon

Greene Harrison

Hudgins Phillips

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

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

HR 743. By Representative Morton of the 47th: A resolution compensating Mr. Norman Breen in the amount of $1,200.00. Senate Sponsor: Senator Dean of the 31st.

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

The resolution, involving an appropriation, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood

Baldwin Barker

Barnes Bowen

1754

JOURNAL OF THE SENATE

Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Coverdell DDeaawl kins
Dean English
Engram
Fincher Foster

Garner Gillis Harris Hine Holloway Horton Howard Huggins KKeidndnedy
Land Langford
McGill
McKenzie Peevy

Perry Ray Reddish Scott of 2nd Scott of 36th Starr St b h ,,, Tifmemons
Tolleson Trulock
Turner
Tysinger Walker

Those not voting were Senators:

Bond Brannon

Greene Harrison

Hudgins Phillips

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

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

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.
Senate Sponsor: Senator Gillis of the 20th.

The Senate Committee on Governmental Operations offered the following substitute to HB 1191:
A BILL
To be entitled an Act to amend Chapter 31 of Title 31 of the Official Code of Georgia Annotated, relating to the State Boxing Commission and licenses for boxing matches, so as to provide that it shall be unlawful for a professional boxer to participate in or attempt to participate in a boxing match while under the influence of alcohol or a drug; to provide for other matters and for penalties relative thereto; to provide for the repeal of said chapter on a certain date; to repeal a conflicting provision of the Act which created the State Boxing Commission and enacted said chapter, approved March 18, 1983 (Ga. L. 1983, p. 1986); 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 31 of Title 31 of the Official Code of Georgia Annotated, relating to the State Boxing Commission and licenses for boxing matches, is amended by designating the present language of Code Section 31-31-4.1, relating to physical examinations of profes sional boxers, as subsection (a) of said Code section and by adding at the end of said Code section a new subsection (b) to read as follows:
"(b) (1) It shall be unlawful for any professional boxer to participate or attempt to participate in a boxing match while under the influence of alcohol or any drug.

MONDAY, MARCH 3, 1986

1755

(2) A professional boxer shall be under the influence of alcohol or a drug for the pur poses of paragraph (1) of this subsection if:
(A) A physical examination of the professional boxer provided for by subsection (a) of this Code section reveals that the professional boxer's mental or physical ability is impaired in any way as a direct result of the use of alcohol or a drug; and
(B) The physical examination of the professional boxer was made during a period of time beginning not more than six hours prior to the beginning of the boxing match and ending not more than one hour after the completion of the boxing match.
(3) A professional boxer violating the provisions of paragraph (1) of this subsection may be punished by a fine not exceeding $25,000.00."
Section 2. Said chapter is further amended by adding at the end thereof a new Code Section 31-31-7 to read as follows:
"31-31-7. This chapter shall stand repealed in its entirety on June 30, 1989, and on that date the State Boxing Commission shall stand abolished."
Section 3. An Act which created the State Boxing Commission and enacted Chapter 31 of Title 31 of the Official Code of Georgia Annotated, approved March 18, 1983 (Ga. L. 1983, p. 941), is amended by repealing Section 3, which reads as follows:
"Section 3. This Act shall stand repealed in its entirety on June 30, 1986, notwithstand ing the terms of office of the members of the State Boxing Commission established by sub section (b) of quoted Code Section 31-31-2 of Section 1 of this Act.",
in its entirety.
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 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 Barnes
Bowen Broun o,f 4ta6th, BBrroywannt of 47th
Burton Cobb Coleman Coverdell Dawkins Deal Dean

English Engram Foster Garner
Gillis
Hme HHoolrltoownay
Howard Huggins Kennedy Kidd Land Langford McGill

McKenzie Peevy Perry Ray
Scott of 2nd SQ,cott of 36th 0St. umb, augh,
Timmons Tolleson Trulock Turner Tysinger Walker

1756

JOURNAL OF THE SENATE

Those not voting were Senators:

Barker Bond Brannon

Fincher Greene Harrison

Hudgins Phillips Reddish

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 bills of the House were taken up for the purpose of considering the House action thereon:

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 rilling 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.

Senator Barker of the 18th moved that the Senate adhere to the Senate substitute to HB 1246, and that a Conference Committee be appointed.

On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 1246.

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

Senators Barker of the 18th, Land of the 16th and Kidd of the 25th.

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.

Senator Harris of the 27th moved that the Senate insist upon the Senate substitute to HB 1321.

On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 1321.

HB 1919. 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 for the compensation of the Coroner of Clarke County, so as to change the provisions regarding that compensation.

Senator Broun of the 46th moved that the Senate recede from the Senate amendment to HB 1919.

On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate receded from the Senate amendment to HB 1919.

MONDAY, MARCH 3, 1986

1757

The following local bill of the Senate was taken up for the purpose of considering the House substitute thereto:
SB 290. By Senator Gillis of the 20th:
A bill to amend an Act providing a new charter for the City of Soperton so as to change the method of election of the members of council of the City of Soperton; to provide that the five members of council shall be elected from single-member districts; to provide for the election of the five members of council on the same date.
The House substitute to SB 290 was as follows:
A BILL
To be entitled an Act to amend an Act providing a new charter for the City of Soperton, approved March 14, 1984 (Ga. L. 1984, p. 4212), so as to change the term of office of certain officers; to change the method of election of the mayor and members of council of the City of Soperton; to provide that the five members of council shall be elected from single-member districts; to provide for the election of the five members of council on the same date; to provide for election of the mayor from the city at-large; to provide that mu nicipal elections shall be nonpartisan and that no primaries shall be held; to provide for submission of this Act under the federal Voting Rights Act of 1965; 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. An Act providing a new charter for the City of Soperton, approved March 14, 1984 (Ga. L. 1984, p. 4212), is amended by striking in its entirety Article V, relating to the election of mayor and council members, and inserting in its place a new Article V to read as follows:
"ARTICLE V
ELECTIONS
Section 5.10. Date of elections. The terms of the mayor and council members in office on July 1, 1986, shall expire on December 31, 1986. An election for the purpose of choosing successors to such incumbents shall be held on the third Wednesday in November, 1986. The elections for the City of Soperton shall be held biennially on the succeeding third Wednesday in November under such rules and regulations as may be adopted by the mayor and council which are not inconsistent with the provisions of this charter and the laws of Georgia. The candidates for said offices, when elected, shall take office on the first day of January following their election and shall serve for two years and until their successors are duly elected and qualified.
Section 5.11. Posts. For purposes of municipal elections conducted in 1986, and bienni ally thereafter, a total of five council members shall be elected to serve from council member posts designated as Post 1, Post 2, Post 3, Post 4, and Post 5. Each of such council members must be a resident of the district described in Section 5.12 which has the same number as the post for which he or she seeks election. Each of such council members shall be elected by only the voters of the district which he or she seeks to represent.
Section 5.12. Districts. For purposes of electing the council members from Posts 1 through 5, the City of Soperton is divided into five districts. Each of such districts shall consist of a portion of the City of Soperton bounded as follows:
District 1: Beginning at a point where the center line of Georgia State Highway #46, known as the Eastman Road, intersects the city limits of the City of Soperton, from said point of beginning, proceed in a northeasterly direction along the center line of said East man Road to a point where the center line of said Eastman Road intersects with the center line of Mississippi Avenue; from said point run southeasterly along the center line of Missis-

1758

JOURNAL OF THE SENATE

sippi Avenue to a point where the center line of Mississippi Avenue intersects the center line of First Street; from said point run along the center line of First Street in a southwest erly direction to a point formed by the intersection of the center line of First Street with the center line of Florida Ave; from said point run along the center line of Florida Ave. in a southeasterly direction to a point formed by the intersection of the center line of Florida Avenue with the center line of Third Street; from said point thence run along the center line of Third Street in a southerly direction to a point formed by the intersection of the center line of the said Third Street with the center line of Third Street and Fowler Street; thence run along the center line of Fowler Street in a southwesterly direction to a point formed by the intersection of the center line of Fowler Street with the city limits of the City of Soperton. Thence run in a northwesterly direction along the arc formed by the city limits of the City of Soperton to a point formed by the intersection of said city limits with the center line of the said Eastman Road and the point of beginning. Said District 1 comprises all of the property within the boundaries stated above.
District 2: Beginning at a point formed by the intersection of the center line of the Eastman Road with the city limits of the City of Soperton, run in a northeasterly direction along the centerline of said Hwy. 46 to a point formed by the intersection of the centerline of said Eastman Road with the centerline of Mississippi Avenue; from said point then run along the centerline of Mississippi Avenue in a northwesterly direction to a point formed by the intersection of the centerline of Mississippi Avenue with the centerline of Manning Street; from said point thence run along the centerline of Manning Street in a northeasterly direction to a point formed by the intersection of the centerline of Manning Street with the centerline of Georgia Ave.; from said point thence run along the centerline of Georgia Ave. in a northwesterly direction to a point formed by the intersection of the centerline of Geor gia Avenue with the centerline of Carter Street; from said point thence run along the centerline of Carter Street in a northeasterly direction to a point formed by the intersection of the centerline of Carter Street with the centerline of Georgia State Highway 29, also known as Main Street or the Dublin Road; thence run along the centerline of said State Highway 29 in a northwesterly direction to a point formed by the intersection of said centerline of said State Highway #29 with the city limits of the City of Soperton; from said point thence run in a southwesterly direction along the arc formed by the city limits of the City of Soperton to a point formed by the intersection of said city limits with the centerline of the said Eastman Road and the point of beginning. Said District 2 comprises all of the property within the boundaries stated above.
District 3: Beginning at a point formed by the intersection of Fowler Street with the city limits of the City of Soperton in the southwestern part of Soperton, from said point of beginning run along the centerline of Fowler Street in a northeasterly direction to a point formed by the intersection of the centerline of Fowler Street and the centerline of Third Street; thence from said point run in a northerly direction along the centerline of Third Street to a point formed by the intersection of the centerline of Third Street with the cen terline of Florida Avenue; thence run in a northwesterly direction along the centerline of Florida Avenue to a point formed by the intersection of the centerline of Florida Avenue with the centerline of First Street; thence run along the centerline of First Street in a north easterly direction to a point formed by the intersection of the centerline of First Street with the intersection of the centerline of Mississippi Avenue; thence run in a northwesterly direc tion along the centerline of Mississippi Avenue to a point formed by the intersection of the centerline of Mississippi Ave. with the centerline of Manning Street; thence run in a north easterly direction along the centerline of Manning Street to a point formed by the intersec tion of the centerline of Manning Street with the centerline of Georgia Avenue; thence run in a northwesterly direction along the centerline of Georgia Avenue to a point formed by the intersection of the centerline of Georgia Avenue and the centerline of New Street; thence along the centerline of New Street in a northeasterly direction to a point formed by the intersection of the centerline of New Street and the centerline of Georgia State Highway #29, also known as the Dublin Road; thence in a southeasterly direction along the centerline of said State Highway #29 to a point formed by the intersection of the centerline of said State Highway #29 with the centerline of Smith Street; thence along the centerline of Smith

MONDAY, MARCH 3, 1986

1759

Street in a northeasterly direction to a point formed by the intersection of the centerline of Smith Street and the centerline of Louisiana Avenue; thence along the centerline of Louisi ana Avenue in a southeasterly direction to a point formed by the intersection of the centerline of Louisiana Avenue with the centerline of the Metter Road; thence along the centerline of the Metter Road in a northeasterly direction to a point formed by the intersection of the centerline of Metter Road, also known as State Highway 46, with the centerline of College Street; thence along the centerline of College Street in a southwesterly direction to a point formed by the intersection of the centerline of College Street with the centerline of the Mt. Vernon Road; thence in a northerly direction along the centerline of the Mt. Vernon Road to a point formed by the intersection of the centerline of the Mt. Vernon Road with the centerline of Sessions Road; thence in a southerly direction along the centerline of Sessions Road to a point formed by the intersection of the centerline of Sessions Road with the city limits of the City of Soperton; thence along the arc formed by the city limits of Soperton in a northwesterly direction to a point formed by the intersection of said city limits with the centerline of Fowler Street and the point of beginning. Said District 3 comprises all of the property within the boundaries stated above.
District 4: Beginning at a point formed by the intersection of Georgia State Highway #29, also known as Main Street and the Dublin Road with the city limits of the City of Soperton on the northwesterly side of said city, from said point of beginning run along the centerline of said State Highway 29 in a southeasterly direction to a point formed by the intersection of the centerline of said State Highway 29 with the centerline of Carter Street; thence run along the centerline of Carter Street in a southwesterly direction to a point formed by the intersection of the centerline of Carter Street with the centerline of Georgia Ave.; thence run in a southeasterly direction along the centerline of Georgia Avenue to a point formed by the intersection of the centerline of Georgia Avenue with the centerline of New Street; thence run along the centerline of New Street in a northeasterly direction to a point formed by the intersection of the centerline of New Street with the centerline of State Highway 29, also known as the Dublin Road and Main Street; thence run in a southeasterly direction along the centerline of said State Highway #29 to a point formed by the intersec tion of the centerline of said State Highway 29 with the centerline of Smith Street; thence run in a northeasterly direction along the centerline of Smith Street to a point formed by the intersection of the centerline of Smith Street and the centerline of Louisiana Avenue; thence in a southeasterly direction along the centerline of Louisiana Avenue to a point formed by the intersection of the centerline of Louisiana Avenue with the centerline of Met ter Road; thence along the centerline of Metter Road in a northeasterly direction to a point formed by the intersection of the centerline of Metter Road, also known as State Highway #46 with the centerline of College Street; thence run along the centerline of College Street in a southerly direction to a point formed by the intersection of the centerline of College Street with the centerline of Texas Street; thence along the centerline of Texas Street in a southeasterly direction to a point formed by the intersection of the centerline of Texas Street with the centerline of Moye Street; thence along the centerline of Moye Street in a southwesterly direction to a point formed by the intersection of the centerline of Moye Street with the centerline of Louisiana Avenue; thence along the centerline of Louisiana Avenue in a southeasterly direction to a point formed by the intersection of the centerline of Louisiana Avenue with the city limits of the City of Soperton on the southeasterly side; thence along the arc formed by the city limits of the City of Soperton in a northwesterly direction to a point formed by the intersection of the said city limits of Soperton with Geor gia State Highway #29, also known as the Dublin Road and Main Street, and the point of beginning. Said District 4 comprises all of the property within the boundaries stated above.
District 5: Beginning at a point formed by the intersection of the centerline of Louisi ana Avenue and the city limits of the City of Soperton on the southeasterly side of the said City of Soperton, from said point of beginning run along the centerline of Louisiana Avenue in a northwesterly direction to a point formed by the intersection of the centerline of Louisi ana Avenue with the centerline of Moye Street thence run along the centerline of Moye Street in a northeasterly direction to a point formed by the intersection of the centerline of Moye Street and the centerline of Texas Street; thence run along the centerline of Texas

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Street in a northwesterly direction to a point formed by the intersection of the centerline of Texas Street and the centerline of College Street; thence run along the centerline of College Street in a southwesterly direction to a point formed by the intersection of the centerline of College Street and the centerline of the Mt. Vernon Road; thence run along the centerline of the Mt. Vernon Road in a northerly direction to a point formed by the intersection of the centerline of the Mt. Vernon Road and the centerline of Sessions Road; thence run along the centerline of Sessions Road in a southerly direction to a point formed by the intersec tion of the centerline of Sessions Road and the city limits of the City of Soperton on the southern portion of said city; thence run a northeasterly direction along the arc formed by the city limits of the City of Soperton to a point formed by the intersection of the city limits of the City of Soperton with the centerline of Louisiana Avenue on the southeasterly side of the City of Soperton, and the point of beginning. Said District 5 comprises all of the prop erty within the boundaries stated above.
Section 5.13. Majority vote; election of mayor, (a) A person elected as a council member from any post shall be elected by a majority of the voters voting from that district for that office.
(b) The mayor shall be elected for a term of office of two years and until a successor is elected and qualified. A candidate for mayor must be a resident of the city and, if elected, must continue to reside in the city. The mayor shall be elected by a majority of the voters voting for that office from the entire City of Soperton.
Section 5.14. Separate registration. The City of Soperton shall maintain its own voter registration system.
Section 5.15. Applicability of general laws, (a) The procedures and requirements for election of all elected officials of the City of Soperton as to special and general elections shall be in conformity with the provisions of Chapter 3 of Title 21 of the O.C.G.A., the 'Georgia Municipal Election Code.'
(b) Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations as it deems appropriate to fulfill any options or duties under Chapter 3 of Title 21 of the O.C.G.A., the 'Georgia Municipal Election Code.'
Section 5.16. Oaths. All oaths required to be administered to those persons elected to serve as mayor and council members for the City of Soperton or appointed by the mayor and council to serve in an official capacity for the said city shall be administered by the city attorney for the City of Soperton, with the exception that any oath required of the said city attorney shall be administered by the mayor of said city.
Section 5.17. Removal and forfeiture of office, (a) The mayor and each council member shall be subject to removal from office and the office forfeited for any one or more of the following causes:
(1) Incompetence, misfeasance, or malfeasance in office;
(2) Conviction of a crime involving moral turpitude or a crime punishable as felony;
(3) Failure at any time to possess any of the qualifications of office as provided by this charter or by law;
(4) Willful violation of any express prohibition of this charter;
(5) Abandonment of office or neglect to perform the duties thereof; or
(6) Failure for any other cause to perform the duties of office as required by this charter or by law.
(b) Removal of an elected officer provided for in this section from office may be accom plished by one of the following methods:
(1) By affirmative vote of three members of the mayor and council. In the event an elected officer is sought to be removed by the action of the mayor and council, such official shall be first entitled to a written notice specifying the grounds for removal and to a public

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hearing which shall be held not less than 30 days after the service of such written notice. Any elected officer sought to be removed from office as herein provided shall have the right of appeal from the decision of the mayor and council to the Superior Court of Treutlen County for a jury trial. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court; or
(2) By an information filed in the Superior Court of Treutlen County as provided by Code Section 9-6-64 of the O.C.G.A., relating to quo warranto proceedings.
Section 5.18. Nonpartisan elections; no primaries. Pursuant to the authority of Code Section 21-3-95 of the O.C.G.A., elections for mayor and council members shall be nonpartisan and there shall be no municipal primary elections."
Section 2. It shall be the duty of the city attorney for the City of Soperton to submit this Act to the United States Attorney General for review under the federal Voting Rights Act of 1965; and it shall be the duty of the mayor and the council members of the City of Soperton to direct and ensure that such submission is made by the said city attorney or some other attorney if the city attorney fails to act. It shall be the duty of the mayor and council members and the city attorney of the City of Soperton to ensure that such submis sion has been completed and approval obtained as soon as possible.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Senator Gillis of the 20th moved that the Senate agree to the House substitute to SB 290.
On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 290.
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 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.
The Speaker has appointed on the part of the House, Representatives Bray of the 91st, Thomas of the 69th and Selman of the 32nd.
The House has disagreed to the Senate substitute to the following bills of the House:
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-

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thorized person to make an anatomical gift of an individual under 18 years of age, such gift to take effect at death.
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 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 disagreed to the Senate substitute to the following resolution of the House:
HR 662. By Representatives Martin of the 60th, Lee of the 72nd, Wood of the 9th, Russell of the 64th, Barnett of the 59th and others: A resolution proposing an amendment to the Constitution so as to provide that no public authority which is authorized to construct, improve, or maintain any road or street on behalf of, pursuant to a contract with, or through the use of taxes or other revenues of a county or municipal corporation shall be created by any local Act or pursuant to any general Act nor shall any law specifically relat ing to any such authority be amended.
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 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.
The Speaker has appointed on the part of the House, Representatives Dunn of the 73rd, Smith of the 78th and Pettit of the 19th.
The President announced that the Senate would stand in recess from 5:31 o'clock P.M. until 8:00 o'clock P.M. at which time the Senate would stand adjourned pursuant to SR 497, adopted previously, until 10:00 o'clock A.M. on Thursday, March 6.

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Senate Chamber, Atlanta, Georgia Thursday, March 6, 1986
Thirty-ninth Legislative Day

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

Senator Barker of the 18th reported that the Journal of the proceedings of Monday, March 3, had been read and found correct.

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

Those serving as doctors of the day while the General Assembly was in recess were as follows:

Dr. Stephen Burt of Lilburn, Georgia Dr. Gene Kinard of Rossville, Georgia

March 4 March 5

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

Mr. President:

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

SB 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.

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 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.

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.

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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 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.
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 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 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.
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.
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.
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.

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The House has adopted by the requisite constitutional majority the following resolu tions of the Senate:
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 436. By Senator Kennedy of the 4th: A resolution designating the John C. Beasley Bridge.
The House has passed, as amended, by the requisite constitutional majority the follow ing bills of the Senate:
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 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 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.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate:
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 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 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

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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 384. By Senators Deal of the 49th, Barnes of the 33rd, Howard of the 42nd and others: 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 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 267. By Senators Howard of the 42nd, Fincher of the 54th and Kidd of the 25th: A bill to amend Part 3 of Article 2 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to the regulation of pharmacists, so as to provide for license expiration and renewal and to require pharmacists to obtain continuing pharmaceutical education as a condition for renewing their pharmacist license; to provide for approved correspondence courses.
SB 164. By Senators Howard of the 42nd and Barnes of the 33rd: A bill to amend Chapter 12 of Title 9 of the Official Code of Georgia Annotated, relating to verdict and judgments, so as to enact the "Uniform Enforcement of Foreign Judgments Law".
The House has agreed to the Senate substitute to the following bills of the House:
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.
HB 1005. By Representatives Andersen 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 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 1946. By Representative Maddox of the 7th: A bill to provide for the compensation of the coroner of Gordon County; to pro vide for the payment of such compensation; to provide that fees, costs, commis sions, allowances, moneys, and other emoluments and perquisites shall become the property of the county.

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

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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 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 1963. By Representatives Aiken of the 21st, Atkins of the 21st, Johnson of the 21st, Wilder of the 21st, Cooper of the 20th and others:
A bill to amend an Act creating the Cobb Judicial Circuit, so as to change the county supplement for the district attorney; to change the provisions relative to the compensation of the chief investigator and the other investigators.
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 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 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.
The House has agreed to the Senate amendment to the House amendment to the fol lowing bill of the Senate:
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.

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1769

The House has agreed to the Senate substitute as amended by the House on the follow ing bills of the House:
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.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the Senate:
SB 273. By Senators Engram of the 34th and Bond of the 39th:
A bill to amend Code Section 48-5-165 of the O.C.G.A., relating to the require ment 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 municipality lo cated wholly or partially within any such county.
SB 587. By Senator Coleman of the 1st:
A bill to amend an Act incorporating the City of Tybee Island, so as to provide certain additional powers for the mayor and council of said city.
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.
SB 593. By Senator Baldwin of the 29th:
A bill to amend an Act creating the Downtown LaGrange Development Author ity, so as to change the limits of the Downtown LaGrange District.
SB 595. By Senator McGill of the 24th:
A bill to provide for the election of the members of the board of education of Wilkes County; to provide for education districts; to provide the composition of the board; to provide for qualifications and residency requirements; to provide for terms of office; to provide for continuation in office of members of the present board.

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SB 599. By Senator Howard of the 42nd: A bill to amend an Act revising, superseding, and consolidating the laws relating to the governing authority of DeKalb County, so as to provide for the application of certain laws of this state to the government of DeKalb County.
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 House and has instructed me to report the same back to the Senate with the follow ing recommendations:
HB 540. Do pass by substitute. HB 1643. Do pass by substitute.
Respectfully submitted, Senator Scott of the 2nd District, Chairman
Mr. President:
The Committee on Consumer Affairs has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 414. 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 of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 1530. Do pass. HB 1285. Do pass by substitute. HB 1688. Do pass by substitute.
Respectfully submitted, Senator Kidd of the 25th District, Chairman
Mr. President:
The Committee on Human Resources has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1187. Do pass by substitute. Respectfully submitted, Senator Howard of the 42nd District, Chairman
Mr. President:
The Committee on Industry and Labor has had under consideration the following bills

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1771

of the House and has instructed me to report the same back to the Senate with the follow ing recommendations:

HB 264. Do pass. HB 847. Do pass.

HB 1327. Do pass by substitute. HB 1375. Do pass.

Respectfully submitted,

Senator Dawkins of the 45th District, Chairman

Mr. President:

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

HB 212. Do pass by substitute. HB 272. Do pass by substitute.

HB 1482. Do pass. HB 1503. Do pass as amended.

Respectfully submitted,

Senator Stumbaugh of the 55th District, Chairman

Mr. President:

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

HB 1185. Do pass.

HB 1571. Do pass.

HB 1414. Do pass.

HB 1315. Do pass by substitute.

Respectfully submitted,

Senator Deal of the 49th District, Chairman

Mr. President:

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

HB 310. HB 363. HB 1229.

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

HB 1351. HB 1472. HB 1931.

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

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 House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1350. Do pass.
Respectfully submitted,
Senator Greene of the 26th District, Chairman

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Mr. President:

The Committee on Judiciary and Constitutional Law has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 962. Do pass by substitute. HB 1541. Do pass as amended. HB 1917. Do pass as amended.
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 House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1843. Do pass by substitute.
Respectfully submitted,
Senator Bowen of the 13th District, Chairman

Mr. President:

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

SR 174. Do pass. SR 314. Do pass.

SR 462. Do pass. SR 463. Do pass.

SR 323. Do pass.

SR 465. Do pass.

SR 356. Do pass. SR 388. Do pass. SR 405. Do pass. SR 441. Do pass. SR 453. Do pass.

SR 468. Do pass. SR 470. Do pass. SR 472. Do pass. SR 480. Do pass. SR 490. Do pass.

Respectfully submitted,

Senator Holloway of the 12th District, Chairman

Mr. President:

The Committee on Transportation has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1487. 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

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1773

bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 603. Do pass.

HB 1941. Do pass as amended.

HB 1210. Do pass.

HB 1942. Do pass.

HB 1467. Do pass.

HB 1949. Do pass.

HB 1493. Do pass.

HB 1950. Do pass.

HB 1554. Do pass.

HB 1951. Do pass.

HB 1609. Do pass.

HB 1957. Do pass.

HB 1618. Do pass.

HB 1959. Do pass.

HB 1619. Do pass.

HB 1960. Do pass.

HB 1620. Do pass.

HB 1961. Do pass.

HB 1621. Do pass.

HB 1966. Do pass.

HB 1622. Do pass.

HB 1967. Do pass.

HB 1623. Do pass.

HB 1968. Do pass.

HB 1624. Do pass.

HB 1972. Do pass.

HB 1625. Do pass.

HB 1975. Do pass.

HB 1626. Do pass.

HB 1976. Do pass.

HB 1627. Do pass.

HB 1981. Do pass.

HB 1628. Do pass.

HB 1985. Do pass.

HB 1629. Do pass.

HB 1987. Do pass.

HB 1630. Do pass.

HB 1988. Do pass.

HB 1631. Do pass.

HB 1989. Do pass.

HB 1633. Do pass.

HB 1990. Do pass.

HB 1634. Do pass.

HB 1994. Do pass.

HB 1714. Do pass.

HB 1996. Do pass.

HB 1822. Do pass.

HB 2000. Do pass.

HB 1823. Do pass.

HB 2004. Do pass.

HB 1824. Do pass.

HB 2008. Do pass.

HB 1854. Do pass as amended.

HB 2009. Do pass.

HB 1855. Do pass.

HB 2016. Do pass.

HB 1856. Do pass.

HB 2017. Do pass.

HB 1869. Do pass.

HB 2018. Do pass.

HB 1877. Do pass.

HB 2019. Do pass.

HB 1883. Do pass.

HB 2020. Do pass.

HB 1884. Do pass.

HB 2021. Do pass.

HB 1885. Do pass.

HB 2022. Do pass.

HB 1886. Do pass.

HB 2023. Do pass.

HB 1901. Do pass.

HB 2024. Do pass.

HB 1902. Do pass.

HB 2044. Do pass.

HB 1918. Do pass.

HB 2045. Do pass.

HB 1924. Do pass.

HB 2046. Do pass.

HB 1930. Do pass.

HB 2050. Do pass.

HB 1939. Do pass.

HB 2052. Do pass.

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HB 2053. HB 2054. HB 2055. HB 2056.

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

HB 2057. Do pass. HB 2058. Do pass. HB 2061. Do pass. HB 2062. 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 2063. Do pass.

HB 2067. Do pass.

HB 2064. Do pass by substitute.

HB 2071. Do pass.

HB 2065. Do pass.

Respectfully submitted, Senator Turner of the 8th District, Chairman

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

SR 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.

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.

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.

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.

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.

SR 441. By Senator Burton of the 5th:
A resolution creating the State Facilities for the Training of the Blind Study Committee.

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1775

SR 453. By Senator Broun of the 46th: A resolution creating the Local Public Safety Officers' Compensation Study Committee.
SR 462. By Senator Barnes of the 33rd: A resolution applying to the Congress of the United States for the call of a con vention for the purpose of proposing an amendment to the Constitution of the United States.
SR 463. By Senators English of the 21st, Kennedy of the 4th, Gillis of the 20th and others: A resolution creating the Head Injury Treatment and Rehabilitation Study Committee.
SR 465. By Senators Gillis of the 20th, McGill of the 24th, Kennedy of the 4th and others: A resolution urging the use of timber products produced in Georgia and urging the United States Congress to limit the importation of timber products produced in Canada.
SR 468. By Senator English of the 21st: A resolution relative to the bicentennial of the founding of the City of Louisville; providing for a ceremonial return of the General Assembly to the City of Louisville.
SR 470. By Senator Brannon of the 51st: A resolution relative to the appropriation and repayment of state funds for the construction of an apple cooler at the Georgia Farmers Market in Ellijay.
SR 472. By Senator Kidd of the 25th: A resolution creating the Senate Commercial Dental Laboratories Study Committee.
SR 480. By Senators Coleman of the 1st, Peevy of the 48th and Bryant of the 3rd: A resolution creating the Senate Transportation Study Committee.
SR 490. By Senator Howard of the 42nd: A resolution creating the Economic Development Through Historic Preservation Study Committee.
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 264. By Representative Barnett of the 59th: A bill to amend Chapter 10 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of fireworks, so as to permit the sale of certain types of fireworks; to provide for definitions; to provide for the licensing of manufactur ers, distributors, and retailers of fireworks; to provide for the regulation of the manufacture and sale of fireworks by the state fire marshal.

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HB 272. By Representative Milam of the 81st:
A bill to amend Code Section 33-23-2 of the Official Code of Georgia Annotated, relating to licenses required to write or issue insurance, so as to provide that insurers from out of state who conduct mail-order business in this state shall be required to include certain information in all advertisements made or policies of life or accident and sickness insurance issued in this state.
HB 310. By Representatives Smith of the 152nd, Aiken of the 21st, Goodwin of the 63rd, Mueller of the 126th, Holcomb of the 72nd and others:
A bill to amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, so as to enact comprehen sive provisions requiring notice to parents before abortions are performed on cer tain minors and incompetents; to provide notice requirements; to provide for cer tain judicial proceedings regarding objection to such notice.
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 414. By Representatives Lupton of the 25th, Barnett of the 59th, Athon of the 57th, Morton of the 47th, Brown of the 88th and Lawrence of the 49th:
A bill to amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to provide that it shall be a criminal offense to consume any alcoholic beverage while driving or while in ac tual physical control of a moving vehicle; to provide that it shall be a criminal offense to consume any alcoholic beverage while in a moving vehicle.
HB 540. By Representatives Pettit of the 19th and Ramsey of the 3rd:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to grant exclusive original jurisdictions in the juvenile courts over certain traffic offenses committed by persons under 17 years of age; to provide that there shall be no exceptions to the jurisdiction of the juvenile court over these offenses.
HB 847. By Representatives Coleman of the 118th, Childers of the 15th, Smith of the 16th, McKelvey of the 15th and Porter of the 119th:
A bill to amend Code Section 43-6-12 of the Official Code of Georgia Annotated, relating to issuance of certain auctioneer licenses by reciprocity, so as to author ize the Georgia Auctioneers Commission to issue licenses to certain applicants who are nonresidents of this state.
HB 962. By Representatives Thomas of the 69th and Pinkston of the 100th:
A bill to amend Part 2 of Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to the privilege for and release of medical informa tion, so as to change the conditions under which medical information shall be released by physicians.
HB 1185. By Representatives Robinson of the 96th, Ware of the 77th, Wood of the 9th, Walker of the 115th and Buck of the 95th:
A bill to amend Code Section 9-11-41 of the Official Code of Georgia Annotated, relating to the dismissal and recommencement of civil actions, so as to provide that a plaintiff may dismiss an action without order or permission of court at any

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1777

time before the trial of the case commences; to provide that after commencement of a trial permission and an order of the court must be obtained before dismissal.
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.
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 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.
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 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 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 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

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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.
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 ment hotels, boarding houses, or inns; to specify the period of time which a no tice shall cover.
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.
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 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 1487. By Representative Watson of the 114th:
A bill to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to provide for a safe, sound, com petitive, and fuel efficient motor carrier system vital to the maintenance of a strong intrastate transportation system; to enhance market entry, carrier growth, maximum utilization of equipment and energy resources, and opportunities for minorities and others to enter the motor carrier industry.
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 1530. By Representatives Steinberg of the 46th, Bray of the 91st, Lawler of the 20th and Moultrie of the 93rd:
A bill to amend Code Section 21-5-5 of the Official Code of Georgia Annotated, relating to the filing of campaign financial disclosure reports, so as to require the

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1779

filing of campaign financing disclosure written reports not later than December 31 of the year in which certain contributions are accepted or certain expenditures are made whether or not certain persons or candidates have actually qualified for nomination for election or election.
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 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.
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.
HB 1688. By Representative Bray of the 91st:
A bill to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, so as to provide for the filling of a vacancy in the office of clerk of the superior court; to change the provisions relating to certain appointments by the probate judge pending the filling of cer tain vacancies.
HB 1843. By Representatives Coleman of the 118th and Jackson of the 9th:
A bill to amend Code Section 35-2-36 of the Official Code of Georgia Annotated, relating to the composition of the battalion of the Uniform Division of the De partment of Public Safety, so as to provide that recruits or cadets of the Uniform Division shall be designated peace officers and shall have the authority of peace officers.
HB 1931. By Representative Porter of the 119th:
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 the removal from a landlord's property of a tenant's manufactured home, mobile home, trailer, or other transportable housing after the issuance of a writ of possession; to provide for fees and storage costs.
HB 1917. By Representatives Jackson of the 9th, Murphy of the 18th, Porter of the 119th and Yeargin of the 14th:
A bill to amend Code Section 40-5-58 of the Official Code of Georgia Annotated, relating to revocations of licenses of habitual violators, so as to change the time

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period during which moving traffic violations will be considered for the purpose of determining habitual violator status.

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

Albert Allgood Baldwin Barker Bond Brannon
nBroun of 46*t,h. BBrroywannt of 47th Burton Cobb Dawkins Deal Dean

English Engram Fincher Foster Gillis Greene
Harri-s8on HHuodrtgoinns Huggins Kennedy Land Langford McGill

McKenzie Peevy Perry Ray Reddish Scott of 2nd
Stumbaugh T,Tiuantemons Tolleson Trulock Turner Tysinger Walker

Those not answering were Senators:

Barnes Bowen Coleman Coverdell

Garner Hine Holloway Howard

Kidd Phillips Scott of 36th Starr

Senator Greene of the 26th introduced the chaplain of the day, Reverend W. L. "Bill" Whittenburger, pastor of Gibbs Memorial Baptist Church, Bostwick, Georgia, who offered scripture reading and prayer, and Mrs. Nancy Whittenburger, his wife, offered a message in song.
The following resolutions of the Senate were read and adopted:
SR 493. By Senator Harris of the 27th: A resolution commending the Mary Persons High School Debate Team.
SR 494. By Senator Coverdell of the 40th: A resolution relative to the State of Israel.
SR 495. By Senator Coverdell of the 40th: A resolution commending Mr. Larry Thompson.
SR 496. By Senators Scott of the 2nd, Bond of the 39th, Kidd of the 25th and others: A resolution commending Alice Walker and inviting her to appear before the Senate.

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SR 499. By Senator Ray of the 19th: A resolution expressing regret at the passing of Conway Vickers.
SR 500. By Senator Ray of the 19th: A resolution congratulating Jimmy and Bonnie Wren on the occasion of their fiftieth wedding anniversary.
SR 501. By Senator Ray of the 19th: A resolution recognizing and commending Ruth H. McClelland.
SR 503. By Senator Fincher of the 54th: A resolution commending World Carpets and its president, Mr. Shaheen Shaheen.
SR 504. By Senator Holloway of the 12th: A resolution commending Mr. Carl F. Leavy.
SR 505. By Senators Tate of the 38th, Brown of the 47th, Huggins of the 53rd and others: A resolution expressing appreciation and best wishes to Senator Julian Bond.
SR 507. By Senator McGill of the 24th: A resolution commending Luther Welsh.
SR 508. By Senator Broun of the 46th: A resolution recognizing Dr. Cameron Fincher.
SR 509. By Senator Broun of the 46th: A resolution recognizing and commending Benjamin Heyward Alien.
SR 510. By Senator Howard of the 42nd: A resolution commending Dr. Charles Lechasney.
SR 512. By Senator Broun of the 46th: A resolution recognizing August 9 through 16, 1986, as World Series Week in the State of Georgia.
SR 514. By Senators Dean of the 31st, Peevy of the 48th, Albert of the 23rd and others: A resolution commending Promotions and Executive Protection, Inc.
SR 502. By Senators Foster of the 50th, Deal of the 49th, Dean of the 31st and others: A resolution commemorating the one hundredth anniversary of Coca-Cola.
Senator Foster of the 50th introduced several people from The Coca-Cola Company.
The following resolution of the Senate was read and adopted:
SR 506. By Senator McGill of the 24th: A resolution commending the Thomson High School Bulldogs football team.
Senator McGill of the 24th introduced the Thomson High School Bulldogs football team.

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The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR
Thursday, March 6, 1986
THIRTY-NINTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 603 Kidd, 25th Putnam County
Amends Act creating Board of Commissioners of county; changes compensa tion of chairman and members of board of commissioners; provides for vice chairman; provides effective date.
HB 1210 Scott, 36th Engram, 34th Langford, 35th Tate, 38th Bond, 39th Coverdell, 40th Howard, 42nd Stumbaugh, 55th City of Atlanta Fulton County
Changes provisions relating to certain definitions concerning Urban Residen tial Finance Authorities Act for large municipalities.
HB 1467 Brown, 47th Baldwin, 29th Franklin and Heard Counties
Amends Act creating Franklin-Heard County Water Authority; authorizes authority to acquire, construct, operate, and maintain self-liquidating projects embracing collection, treatment and disposal of sewage and any re lated facilities; removed limitation on bonded indebtedness; removes limita tion on interest rate of such bonds.
HB 1493 Scott, 36th Engram, 34th Langford, 35th Tate, 38th Bond, 39th Coverdell, 40th Howard, 42nd Stumbaugh, 55th City of Atlanta Fulton County
Amends Act providing for establishment of a county-wide library system in county; repeals provision relating to title to certain real property reverting to certain municipalities; changes provisions relating to special district for li brary services within that portion of city.

THURSDAY, MARCH 6, 1986

1783

HB 1554 Bryant, 3rd Coleman, 1st Scott, 2nd Chatham County
Repeals Act entitled "An Act to provide for compensation of certain officers of counties of this state having a population of not less than 190,000 nor more than 210,000 according to U.S. decennial census of 1980 or any future such census."

HB 1609 Horton, 17th Henry County
Continues amendment which relates to authorizing General Assembly to em power Board of Commissioners to license and regulate businesses in unincor porated areas and to levy and collect excise taxes in connection with any activity at any racetrack.

HB 1618 Scott, 36th Engram, 34th Langford, 35th Tate, 38th Bond, 39th Coverdell, 40th Howard, 42nd Stumbaugh, 55th City of Atlanta Fulton County Land, 16th Hudgins, 15th City of Columbus Muscogee County
Continues amendment authorizing any municipality having a population of 150,000 or more to issue street improvement bonds subject to certain limita tions.

HB 1619 Scott, 36th Engram, 34th Langford, 35th Tate, 38th Bond, 39th Coverdell, 40th Howard, 42nd Stumbaugh, 55th City of Atlanta Fulton County
Continues amendment authorizing city to issue revenue bonds for purpose of providing repairs and improvements in its water works system and sanitation system.

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HB 1620 Scott, 36th Engram, 34th Langford, 35th Tate, 38th Bond, 39th Coverdell, 40th Howard, 42nd Stumbaugh, 55th City of Atlanta Fulton County
Continues amendment providing that upon extension of corporate limits of city into county the additional territory and school property located in an nexed area becomes part of city of Atlanta Independent School System.
HB 1621 Scott, 36th Engram, 34th Langford, 35th Tate, 38th Bond, 39th Coverdell, 40th Howard, 42nd Stumbaugh, 55th City of Atlanta Fulton County
Continues amendment which provides that city shall assume portion of bonded indebtedness of Fulton County School District when territory within school district is annexed into city.
HB 1622 Scott, 36th Engram, 34th Langford, 35th Tate, 38th Bond, 39th Coverdell, 40th Howard, 42nd Stumbaugh, 55th City of Atlanta Fulton County
Continues amendment providing that maximum indebtedness which may be incurred by city shall be 12 percent of total tax digest.
HB 1623 Scott, 36th Engram, 34th Langford, 35th Tate, 38th Bond, 39th Coverdell, 40th Howard, 42nd Stumbaugh, 55th City of Atlanta Fulton County
Continues amendment authorizing city to incur bonded indebtedness without necessity of referendum for purpose of constructing and repairing water and solid waste disposal systems.

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HB 1624 Scott, 36th Engram, 34th Langford, 35th Tate, 38th Bond, 39th Coverdell, 40th Howard, 42nd Stumbaugh, 55th City of Atlanta Fulton County
Continues amendment authorizing General Assembly to create new court or system of courts in each city having a population of more than 300,000 and to provide jurisdiction of such court or system of courts.

HB 1625 Scott, 36th Engram, 34th Langford, 35th Tate, 38th Bond, 39th Coverdell, 40th Howard, 42nd Stumbaugh, 55th City of Atlanta Pulton County
Continues amendment providing procedure whereby city may issue a total of $4 million in bonds in any fiscal year for school purposes without a referen dum.

HB 1626 Scott, 36th Engram, 34th Langford, 35th Tate, 38th Bond, 39th Coverdell, 40th Howard, 42nd Stumbaugh, 55th City of Atlanta Fulton County
Continues amendment providing procedure whereby city may issue a total of $4 million in bonds in any fiscal year for municipal corporate purposes with out a referendum.

HB 1627 Scott, 36th Engram, 34th Langford, 35th Tate, 38th Bond, 39th Coverdell, 40th Howard, 42nd

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Stumbaugh, 55th City of Atlanta Fulton County
Continues amendment authorizing city to incur bonded indebtedness to the extent of $45 million for school facilities and equipment without a referen dum.
HB 1628 Scott, 36th Engram, 34th Langford, 35th Tate, 38th Bond, 39th Coverdell, 40th Howard, 42nd Stumbaugh, 55th City of Atlanta Fulton County
Continues amendment authorizing city to establish historic zones and to en act planning and zoning ordinances applicable thereto.
HB 1629 Scott, 36th Engram, 34th Langford, 35th Tate, 38th Bond, 39th Coverdell, 40th Howard, 42nd Stumbaugh, 55th City of Atlanta Fulton County
Continues amendment authorizing General Assembly to establish procedures whereby any city with a population of over 400,000 may demolish certain building or structures from private premises under certain conditions at pub lic expense.
HB 1630 Scott, 36th Engram, 34th Langford, 35th Tate, 38th Bond, 39th Coverdell, 40th Howard, 42nd Stumbaugh, 55th City of Atlanta Fulton County
Continues amendment authorizing city under certain circumstances to levy ad valorem taxes not to exceed two mills in any calendar year for the purpose of retiring revenue obligations used by city.
HB 1631 Scott, 36th Engram, 34th Langford, 35th

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Tate, 38th Bond, 39th Coverdell, 40th Howard, 42nd Stumbaugh, 55th City of Atlanta Fulton County
Continues amendment authorizing city to issue and sell revenue bonds for construction of off-street parking facilities.
HB 1633 Engram, 34th Langford, 35th Scott, 36th Tate, 38th Bond, 39th Coverdell, 40th Brantley, 56th Fulton County
Continues amendment authorizing General Assembly to provide for creation of county-wide public library system within all counties having a population of more and to transfer the library facilities of any city located wholly or partially in county to such system.
HB 1634 Scott, 36th Engram, 34th Langford, 35th Tate, 38th Bond, 39th Coverdell, 40th Howard, 42nd Stumbaugh, 55th City of Atlanta Fulton County
Amends Act re-incorporating city of Atlanta in counties of Fulton and DeKalb creating new charter for city; authorizes city to have and be author ized to exercise all redevelopment and other powers authorized or granted municipalities pursuant to the "Redevelopment Powers Law".
HB 1714 Scott, 36th Engram, 34th Langford, 35th Tate, 38th Bond, 39th Coverdell, 40th Howard, 42nd Stumbaugh, 55th City of Atlanta Fulton County
Amends Act creating system of traffic courts for each city of this state having a population of more than 300,000 according to the U.S. decennial census of 1960 or any future such census, approved April 21, 1967, as amended, so as to create position of senior judge of any such court.

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HB 1822 Ray, 19th Dodge County
Continues amendment creating Dodge County-Eastman Development Au thority.

HB 1823 Ray, 19th Dodge County
Provides for election of members of board of education of county and for creation of education districts in connection therewith; provides authority.

HB 1824 Ray, 19th City of Eastman Dodge County
Amends Act providing new charter for city; extends and increases corporate limits of city.

*HB 1854

Scott, 36th Engram, 34th Langford, 35th Tate, 38th Bond, 39th Coverdell, 40th Howard, 42nd Stumbaugh, 55th City of Atlanta Fulton County
Amends Act providing for urban enterprise zones in city; provides that urban enterprise zones may be created for commercial and industrial purposes or for residential purposes provides for definitions and locations of types of ur ban enterprise zones. (AMENDMENT)

HB 1855 Tolleson, 32nd Barnes, 33rd Brantley, 56th Harrison, 37th City of Smyrna Cobb County
Continues amendment which provides a homestead exemption of $6,000.00 from all city ad valorem taxes for residents of city who are disabled and who have a net income not exceeding $6,000.00 per year.

HB 1856 Barnes, 33rd Brantley, 56th Tolleson, 32nd City of Smyrna Cobb County
Continues amendment which authorizes mayor and council of city to exempt from ad valorem taxation an amount not to exceed $4,000.00 of the value of homestead of certain residents of city.

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1789

HB 1869 Brown, 47th Hart County
Amends Act placing coroner on an annual salary in lieu of fee system of com pensation; changes compensation of coroner.
HB 1877 Coleman, 1st Scott, 2nd Bryant, 3rd City of Savannah Chatham County
Amends Act making provisions for Magistrate Court and abolishing Munici pal Court of Savannah; changes provisions relating to judge emeritus of Mag istrate Court; provides for appointment of additional magistrates.
HB 1883 Barker, 18th Greene, 26th Harris, 27th City of Macon Bibb County
Continues amendment authorizing city and county, separately or jointly, to establish zoning and planning rules, regulations, and commissions.
HB 1884 Barker, 18th Harris, 27th Greene, 26th City of Macon Bibb County
Continues amendment enlarging membership of Macon-Bibb County Board of Health, restating duties and powers of board, empowering City Council of Macon and Commissioners of county to enact health regulations covering other related matters.
HB 1885 Barker, 18th Harris, 27th Greene, 26th Bibb County
Continues amendment creating Macon-Bibb County Industrial Authority.
HB 1886 Barker, 18th Harris, 27th Greene, 26th Bibb County
Continues amendment delegating respective governing authorities of city of Macon and County of Bibb authority to merge and consolidate offices, of ficers, and functions of city and county.
HB 1901 Barker, 18th Harris, 27th Greene, 26th Bibb County
Provides for abolition of office of treasurer of county; provides that governing authority of county may cause functions previously performed by treasurer to be performed by others.

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HB 1902 Barker, 18th Harris, 27th Greene, 26th City of Macon Bibb County
Continues amendment which creates Macon-Bibb County Urban Develop ment Authority.

HB 1918 Horton, 17th Butts County
Amends Act abolishing present method of compensating Tax Commissioner of county known as fee system and provides in lieu thereof an annual salary; changes provisions relating to supplemental salary of tax commissioner.

HB 1924 Harris, 27th Barker, 18th Greene, 26th Bibb County
Provides that vehicles shall be registered and licensed to operate for the en suing calendar year and thereafter in Bibb County during designated regis tration periods as provided in O.C.G.A.

HB 1930 Kidd, 25th City of Allentown Wilkinson County
Provides new charter for city.

HB 1939 Huggins, 53rd City of Summerville Chattooga County
Amends Act consolidating laws chartering city of Summerville in county and granting new charter for said city; changes provisions relating to corporate limits of city.

*HB 1941

Peevy, 48th Phillips, 9th City of Lawrenceville Gwinnett County
Creates new charter for city. (AMENDMENT)

HB 1942 Cobb, 28th Spalding County
Provides that vehicles shall be registered and licensed to operate for the en suing calendar year and thereafter in county during designated registration periods as provided in O.C.G.A.

HB 1949 Huggins, 53rd Fincher, 54th Catoosa County
Amends Act creating board of utilities commissioners for county; changes compensation of members of said board.

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1791

HB 1950 Huggins, 53rd Fincher, 54th Catoosa County
Amends Act creating office of commissioner of county; provides for hospitalization insurance for certain elected officers of county to be continued after they cease to hold office; provides conditions for such insurance; including payment of full cost thereof by such officers.
HB 1951 Huggins, 53rd Fincher, 54th Catoosa County
Amends Act placing judge of Probate Court of county on an annual salary in lieu of fees; increases clerical help allowance of judge of Probate Court.
HB 1957 Kennedy, 4th Bulloch County
Provides that vehicles shall be registered and licensed to operate for the en suing calendar year and thereafter in county during designated registration periods as provided in O.C.G.A.
HB 1959 Barker, 18th Twiggs County
Provides that future school superintendents of county shall be appointed by board of education rather than elected.
HB 1960 Kidd, 25th City of Ivey Wilkinson County
Provides new charter for city.
HB 1961 Cobb, 28th Spalding County
Amends Act abolishing fee system as mode of compensation of coroner and provides in lieu thereof a salary for compensation of such officer; changes compensation of coroner.
HB 1966 Kennedy, 4th Effingham County
Provides that vehicles shall be registered and licensed to operate for ensuing calendar year and thereafter in county during designated registration periods as provided in O.C.G.A.
HB 1967 Barker, 18th City of Centerville Houston County
Amends Act incorporating city of Centerville in Houston County; authorizes city to have and be authorized to exercise all redevelopment and other pow ers authorized or granted municipalities pursuant to the "Redevelopment Powers Law" as now or hereafter amended; provides certain such powers.

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HB 1968 Coleman, 1st Scott, 2nd Bryant, 3rd City of Savannah Chatham County
Continues amendment which relates to authorizing governing authority of city to establish historic zones within a designated area of city.
HB 1972 Huggins, 53rd Chattooga County
Creates board of commissioners of county; provides for their election, oath, and powers and duties; prohibits candidates for nomination or election to said board from making certain agreements and to provide for penalties in connection therewith.
HB 1975 Bryant, 3rd Reddish, 6th Glynn County
Provides that vehicles shall be registered and licensed to operate for the en suing calendar year and thereafter in county during designated registration periods as provided in O.C.G.A.
HB 1976 Huggins, 53rd Fincher, 54th Catoosa County
Amends Act creating office of tax commissioner of county; changes provisions relating to compensation of tax commissioner; increases amount payable to help in that office.
HB 1981 Kennedy, 4th Bulloch County
Amends Act creating board of commissioners of Bulloch County; changes name of position "chairman and clerk" of board of commissioners of county to "chairman"; authorized board of commissioners to employ a clerk and deputy clerk; provides for editorial revision.
HB 1985 Horton, 17th City of Flovilla, Jackson, and Jenkinsburg Butts County
Creates Butts County, City of Flovilla, City of Jackson, and City of Jenkins burg Water and Sewer Authority.
HB 1987 Barker, 18th Harris, 27th Greene, 26th City of Macon Bibb County
Amends Act providing new charter for city of Macon and Bibb County; au thorizes city to have and be authorized to exercise all redevelopment and other powers authorized or granted municipalities pursuant to the "Redevel opment Powers Law", as now or hereafter amended, and provides for certain such powers.

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HB 1988 Barker, 18th Harris, 27th Greene, 26th Bibb County
Amends Act establishing board of commissioners of county; authorized Bibb County to have and be authorized to exercise all redevelopment and other powers authorized or granted counties pursuant to the "Redevelopment Pow ers Law" as now or hereafter amended, provides for certain such powers.
HB 1989 Bowen, 13th Worth County
Provides for compensation of chairman and members of board of education.
HB 1990 Bowen, 13th Worth County
Provides for election of chairman and four members of county board of edu cation; provides manner of election; provides for education districts.
HB 1994 Brown, 47th Banks County
Provides that vehicles shall be registered and licensed to operate for ensuing calendar year and thereafter in Banks County during designated registration periods as provided in O.C.G.A.
HB 1996 Brannon, 51st Fincher, 54th City of Dalton Whitfield County
Continues amendment which relates to creation, operation, and powers of City of Dalton Building Authority.
HB 2000 Kennedy, 4th City of Statesboro Bulloch County
Creates new charter for city; provides for corporate limits; provides for elec tion of mayor and five council members; provides for all other matters rela tive to foregoing.
HB 2004 Peevy, 48th Barrow County
Provides that vehicles shall be registered and licensed to operate for ensuing calendar year and thereafter in county during designated registration periods as provided in O.C.G.A.
HB 2008 Timmons, llth City of Richland Stewart County
Amends Act creating new charter for city; includes certain property in corpo rate limits of city.

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HB 2009 Foster, 50th Mountain Judicial Circuit Rabun, Habersham, and Stephens Counties
Amends Act providing for investigator for D.A. of Mountain Judicial Circuit; changes provisions relating to compensation of investigator.
HB 2016 Foster, 50th Habersham County
Amends Act creating board of commissioners of county; changes compensa tion of chairman and members of board.
HB 2017 Kennedy, 4th Bulloch County
Amends Act placing clerk of Superior Court of county on an annual salary; changes compensation of employees of clerk.
HB 2018 Kennedy, 4th Bulloch County
Amends Act placing judge of Probate Court of county upon an annual salary; changes compensation of clerk of judge of Probate Court; provides for parttime employees.
HB 2019 Kennedy, 4th Bulloch County
Amends Act creating office of tax commissioner of county; changes compen sation of assistants of tax commissioner; provides for part-time clerical em ployees.
HB 2020 Kennedy, 4th Bulloch County
Amends Act placing coroner of county on an annual salary; changes compen sation of coroner; provides for travel expenses.
HB 2021 Garner, 30th Engram, 34th Douglas County
Amends Act placing coroner of county on salary in lieu of fee basis of com pensation; changes compensation of coroner.
HB 2022 Horton, 17th Butts County
Amends Act creating board of commissioners of county; provides for selection of vice chairman to act in absence of chairman; provides for vacancies if members move their residence from district from which they were elected.
HB 2023 Land, 16th Marion County
Amends Act providing for education districts for election of members of board of education of county; provides for manner of electing first subse quent members of board of education.

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1795

HB 2024 Land, 16th Marion County
Amends Act creating board of commissioners of county; re-apportions com missioner districts in said county; provides for election of members of board of commissioners from commissioner districts.
HB 2044 Starr, 44th Langford, 35th Engram, 34th City of College Park Clayton and Fulton Counties
Amends Act establishing new charter for city of College Park; annexes cer tain contiguous property into corporate limits of said city.
HB 2045 Baldwin, 29th City of Mountville Troup County
Amends Act creating Mountville Water Authority; changes certain provisions relating to issuance of revenue bonds; changes certain provisions relating to negotiability of revenue bonds.
HB 2046 Kennedy, 4th Bulloch County
Amends Act placing sheriff of county upon an annual salary; changes com pensation of deputies and office clerk of sheriff; authorizes sheriff to expend county funds in excess of certain limitations with approval of board of county commissioners in order to comply with overtime pay provisions of Federal Fair Labor Standards Act.
HB 2050 Reddish, 6th Camden County
Provides that vehicles shall be registered and licensed to operate for ensuing calendar year and thereafter in county during designated registration periods as provided in O.C.G.A.
HB 2052 Foster, 50th Rabun County
Amends Act creating Board of Commissioners of county; changes provisions relating to selection of chairman of board of commissioners.
HB 2053 Foster, 50th Brown, 47th City of Baldwin Habersham and Banks Counties
Re-incorporates and provides new municipal charter for city in counties; pro vides for boundaries of city.
HB 2054 Dean, 31st Hine, 52nd Bartow County
Provides that each resident of county school district who is 62 years of age or over and whose income from all sources, including income of all family mem bers residing within said homestead does not exceed $18,000 per annum shall

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be granted an exemption from all county school district taxes on full value of such person's homestead owned and occupied by such person as a residence.

HB 2055 Huggins, 53rd Dade County
Amends Act relating to Dade County board of education; changes number of members of board of education which constitutes a quorum for transaction of business.

HB 2056 Brown, 47th Banks County
Continues amendment authorizing board of commissioners of county to as sess and collect license fees and taxes from all persons, firms, and corpora tions maintaining any place of business in any area of county.

HB 2057 Coleman, 1st Scott, 2nd Bryant, 3rd City of Pooler Chatham County
Amends Act creating new charter for city; changes corporate limits of city.

HB 2058 Harris, 27th Barker, 18th Greene, 26th City of Macon Bibb County
Continues amendment authorizing governing authority of city to grant pref erential assessments for city ad valorem property tax purposes for revitalized or rehabilitated residential property.

HB 2061 Foster, 50th Lumpkin County
Provides that vehicles shall be registered and licensed to operate for ensuing calendar year and thereafter in county during designated registration periods as provided in O.C.G.A.

HB 2063 Foster, 50th City of Alto Habersham County
Amends Act incorporating Town of Alto; provides for staggered two-year terms for mayor and council members; provides for elections from posts by majority vote.

*HB 2064

Peevy, 48th City of Buford Gwinnett County
Amends Act creating new charter for city; changes corporate limits of city. (SUBSTITUTE)

HB 2065 Peevy, 48th City of Duluth Gwinnett County
Amends Act creating new charter for city; changes provisions relating to sala-

THURSDAY, MARCH 6, 1986

1797

ries of mayor and members of council; changes provisions relating to election of officers of city; changes provisions relating to clerk.
HB 2067 Brannon, 51st City of East Ellijay Gilmer County
Creates new charter for city; provides for incorporation, powers, and bounda ries of city; provides for governing authority; provides for mayor and city council; provides for administration; provides for recorder's court; provides for elections; provides for financial and fiscal affairs of city; provides for mu nicipal services and regulatory functions.
HB 2071 Coleman, 1st Scott, 2nd Bryant, 3rd City of Islands Chatham County
Proposes incorporation and provides proposed charter for City of Islands; provides for corporate limits of city, powers of city, form and method of gov ernment of city, administration of city affairs, municipal court of city, elec tions for city offices, taxation by city, and financial management of city; pro vides for all related matters, provides for referendum; provides additional conditions for this Act to become effective.
HB 2062 Perry, 7th Ware County
Amends Act creating board of commissioners; provides for governing author ity of county; provides for powers, duties, responsibilities, authorities of board of commissioners; provides for election of members of board of com missioners; provides for commissioner districts; provides for current members of board of commissioners.
The amendments and substitute to the following bills were put upon their adoption:
*HB 1854:
The Senate Committee on Urban and County Affairs offered the following amendment:
Amend HB 1854 by striking the quotation marks on line 6 of Page 8 and inserting in its place the following:
"In cases where local zoning allows for mixed use development on property included in a zone for residential purposes, the creation of the zone for residential purposes is not in tended to discourage or prohibit development of other locally permissive or permitted uses. However, nonresidential uses of property will not be exempted from ad valorem taxation where found to exist or as may be developed in any zone for residential purposes created pursuant to this Act." "
On the adoption of the amendment, the yeas were 45, nays 0, and the amendment was adopted.
HB 1939:
Senator Huggins of the 53rd offered the following amendment:
Amend HB 1939 by striking the quotation mark on line 20 of Page 9 and inserting immediately after said line 20 the following:

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"8. CARL MORRISON PROPERTY:
All that tract or parcel of land lying and being in Land Lot 18 in the 6th District and 4th Section of Chattooga County, Georgia, and being shown as Tract 4 on a Plat of the property of William Collins, Jr., by E. Martin Smith dated August 15, 1978 and being more particu larly described as follows:
Beginning at a point on the west side of Georgia Highway No. 100, said point being 445 feet northeasterly from the intersection of the west right of way line of said highway with the south line of said Land Lot 18; thence north 89 degrees 06 minutes 13 seconds west 758.76 feet to a point; thence north 00 degrees 33 minutes 04 seconds east 314.44 feet to a point; thence south 89 degrees 06 minutes 13 seconds east 914.38 feet to a point on the west side of Georgia Highway No. 100; thence south 26 degrees 57 minutes west 350 feet along the west side of said highway to the point of beginning. Said tract containing 6.038 acres.
Said of aforedescribed property is same conveyed by A. W. Headrick to Carl N. Morrison by deed recorded in Deed Book 206, Page 514 of the Chattooga County Records.' "
On the adoption of the amendment, the yeas were 45, nays 0, and the amendment was adopted.

*HB 1941:

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

Amend HB 1941 by adding immediately following line 38 on Page 49 the following:

7

9 7-9-19

Michael

23.68 acres

Walther

7

9 7-9-4

R.W.

1.35 acres

Investments,

N.V.

7

9 7-9-15

R.W.

72.67 acres

Investments,

N.V.

7

9 7-9-13

Gerhard

1.02 acres

Walther

7

9 7-9-14

Gerhard

10.28 acres

Walther

7

11 7-11-003 Charles

12.4 acres

Hood

On the adoption of the amendment, the yeas were 45, nays 0, and the amendment was adopted.
*HB 2064:
The Senate Committee on Urban and County Affairs offered the following substitute to HB 2064:
A BILL To be entitled an Act to amend an Act creating a new charter for the City of Buford, approved December 24, 1937 (Ga. L. 1937-38, Ex. Sess., p. 953), as amended, so as to rede fine and zone the corporate limits of the city; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating a new charter for the City of Buford, approved December 24, 1937 (Ga. L. 1937-38, Ex. Sess., p. 953), as amended, is amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows:
"Section 2. The corporate limits of the City of Buford, Gwinnett County, Georgia, shall extend to and embrace all the territory within the limits described as follows:
ALL THOSE TRACTS OR PARCELS OF LAND lying and being in Land Lots 186, 187, 188, 217, 218, 219, 220, 225, 226, 227, 228, 229, 230, 258, 259, 260, 261, 262, 263, 265, 266, 267, 268, 269, 270, 271, 293, 294, 295, 296, 297, 298, 300, 301, 302, 303, 304, 323, 324, 325, 326, 327, 328, 332, 333, 334, 335, 336, 349, 350, 351, 352, 353, 363 and 364 of the 7th District of Gwinnett County; and Land Lots 159, 160, 168, 169 and 170 of the 8th District of Hall County and Land Lots 298, 299, 300, 328 and 329 of the 7th District of Hall County, and being more particularly described as follows:
BEGINNING at the intersection of the northeasterly right of way of Shadburn Ferry Road with the southeasterly right of way of Buford Dam Road; thence northeasterly and easterly along the southerly right of way of Buford Dam Road, 1320 feet, more or less, to a point; proceeding thence along the current Buford City Limit line; thence southeasterly 600 feet, more or less, to the northwesterly corner of Mrs. Irene Poss tract, thence southwesterly along said Poss tract, 555 feet, more or less, to a point, thence North 39 degrees 16 minutes West, 604.8 feet to a point, and thence South 63 degrees 44 minutes West, 487.3 feet to a point on the northeasterly right of way of White Road (also known as Old School House Road); thence continuing in a southeasterly direction across White Road to an iron pin located on the southwesterly right of way of said road (said pin being located approximately 379.2 feet northwesterly from the intersection of White Road with Shadburn Ferry Road); thence South 51 degrees 36 minutes West, 255.2 feet to an iron pin located on the north westerly right of way of Shadburn Ferry Road; running thence along said right of way of Shadburn Ferry Road, South 64 degrees 37 minutes East, 197.4 feet (arc 197.8 feet), and South 71 degrees 03 minutes East, 237.5 feet to an iron pin at the intersection of Shadburn Ferry and White Roads; continuing in a southeasterly direction across White Road and along the northwesterly right of way of Shadburn Ferry Road, following the curvature thereof, 363 feet, more or less, to a point, thence easterly 320 feet to a point on the current Buford City Limit line; thence South 65 degrees 57 minutes East along the City Limit line, 305 feet to a point on the centerline of a branch; thence in a southwesterly direction down the centerline and following the meanderings of said branch, 705 feet, more or less, to a point on the easterly right of way of Shadburn Ferry Road; thence South 00 degrees 49 minutes East, 103.5 feet along said easterly right of way to an iron pin; continuing thence in a southeasterly direction along said right of way, 350 feet to a point; thence northeasterly along the current City Limit line, 425 feet to a point; thence southwesterly along said City Limit line, 300 feet to a point; thence southwesterly along said Line and continuing thence across Shadburn Ferry Road, 475 feet, more or less, to a point on the southwesterly right of way of said road; thence North 26 degrees 20 minutes West, 300 feet, more or less, to an iron pin (said pin being located 324 feet northwesterly along said right of way from its intersec tion with the northwesterly right of way of Shadburn Ferry Drive); thence South 38 degrees West, 69 feet to a point; thence South 75 degrees West, 52 feet to a point; thence North 68 degrees 50 minutes West, 80 feet to a point; thence North 82 degrees 10 minutes West, 252 feet to a point; thence North 88 degrees West, 163 feet to a hickory; thence North 6 degrees West, 135 feet to a point on the centerline of a branch; thence South 67 degrees 40 minutes West, 170 feet along the centerline of said branch; continuing South 31 degrees 10 minutes West, 207 feet to an iron pin; thence South 70 degrees 10 minutes East, 615 feet to an iron pin; thence North 87 degrees 45 minutes East, 446 feet to an iron pin on the southwesterly right of way of Shadburn Ferry Road; continuing thence across Shadburn Ferry Road and along the southeasterly right of way of Shadburn Ferry Drive as it widens to a 60-foot right of way (being the current Buford City Limits line), 705 feet, more or less, to a point; thence southeasterly along the City Limits line, 72 feet to a point; thence following the City Limits line in a more easterly direction, 141 feet to a point; thence southeasterly 128 feet, more or

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less, to a point on the land lot line common to Land Lots 301 and 327; thence southwesterly along said land lot line 590 feet, more or less, to the corner common to Land Lots 301, 302, 326 and 327; thence North 30 degrees 13 minutes West along the land lot line common to Land Lots 326 and 327, 125 feet to a point; thence South 59 degrees West, 228 feet to a point on the northeasterly right of way of Shadburn Ferry Road; thence South 30 degrees 13 minutes East along said right of way, 125 feet to a point on the land lot line common to Land Lots 302 and 326; thence South 59 degrees West, 60 feet to a point on the southwest erly right of way of Shadburn Ferry Road; thence North 30 degrees 13 minutes West along said right of way, 246.5 feet to a point; thence South 58 degrees 09 minutes West, 60 feet to an iron pin; thence South 66 degrees 14 minutes East, 688.6 feet to an iron pin; thence South 60 degrees 15 minutes East, 300 feet to an iron pin located on the land lot line com mon to Land Lots 302 and 326; thence southwesterly 400 feet, more or less, to a point on the centerline of a creek; thence northwesterly, southwesterly, and northwesterly following the centerline of a creek and the current Buford City Limits line, 1030 feet, more or less, to a point where said branch turns northerly, parting from the City Limits line; running thence South 64 degrees East, 6 feet to an iron pin at a poplar tree; continuing South 64 degrees East along the northerly line of Quillian Tuggle property, 149.4 feet to an iron pin; thence North 49 degrees 55 minutes East, 90.7 feet to an iron pin; thence North 64 degrees 30 minutes East, 89.8 feet to an iron pin; thence North 86 degrees 59 minutes East, 86.6 feet to an iron pin; thence South 81 degrees 30 minutes East, 146 feet to an iron pin located on the southwesterly right of way of George's Drive; thence northeasterly 20 feet, more or less, along said right of way to an iron pin (said iron pin being located 20 feet from a point in the centerline of said road 755 feet from its intersection with the right of way of Shadburn Ferry Road); thence North 81 degrees 30 minutes West, 158 feet to an iron pin; thence North 45 degrees 36 minutes West, 272.3 feet to an iron pin; continuing thence 10 feet to the centerline of a branch; thence southwesterly along the centerline of said branch and following the meanderings thereof to an iron pin at a poplar tree (the traverse of said branch being South 35 degrees 56 minutes West, 303.7 feet); thence westerly along the cen terline of said branch to its intersection with the current Buford City Limit line; following said City Limit line northwesterly 400 feet, more or less to a point, continuing along said line in a more westerly direction 300 feet, more or less, to a point continuing along said line in a northerly direction 110 feet, more or less, to a point on the northerly side of a dirt road; running thence North 57 degrees 21 minutes West along said right of way and with the City Limits line 200 feet, more or less, to an iron pin located 110.6 feet along said road from the right of way of Shoals Creek Road; thence North 82 degrees 24 minutes East, 263 feet to an iron pin; thence North 18 degrees 50 minutes West, 417 feet to an iron pin on the southeast erly right of way of Shoals Creek Road; thence southwesterly along said right of way, 430.3 feet to an iron pin located at the intersection of the aforementioned dirt road and the right of way of Shoals Creek Road; thence westerly crossing Shoals Creek Road and running with the existing City Limits line to a point at which said line turns sharply north; thence run ning with said City Limits line as follows: northwesterly 637 feet, more or less, thence in a northeasterly direction, 400 feet, more or less, to a point, thence northwesterly 300 feet, more or less, to a point, thence southwesterly 420 feet, more or less, to a point, thence in a more westerly direction 840 feet, more or less, to a point, thence northwesterly 80 feet, more or less, to a point; thence southwesterly 220 feet, more or less, to a point, and thence south easterly 1100 feet, more or less, to a point on the southeasterly right of way of Shoals Creek Road, having crossed said road; running thence in a southwesterly direction along said southeasterly right of way, 690 feet, more or less, to a point; running thence southeasterly along the existing City Limits line and then in conjunction with the centerline of a branch, crossing the land lot line common to Land Lots 302 and 326 and continuing thence in a southerly direction to a point at the intersection of said branch and City Limits line with the land lot line common to Land Lots 302 and 303; thence northwesterly along said land lot line to the Land Lot corner common to Land Lots 302, 303, 325 and 326; thence northwest erly along the land lot line common to Land Lots 325 and 326, 210 feet to a point; thence running with the existing Buford City Limits lines as follows: southwesterly 210 feet, more or less, to a point, northwesterly 500 feet, more or less, to a point, southwesterly 400 feet,

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more or less, to a point, southeasterly 850 feet, more or less, to a point on the land lot line common to Land Lots 303 and 325, southwesterly along said Land Lot line, 1150 feet, more or less, to a point, and southerly 1055 feet, more or less, to a point on the northerly right of way of Peachtree Industrial Boulevard; running thence westerly and southwesterly along the westerly right of way of Peachtree Industrial Boulevard, following the curvature thereof to a point on the land lot line common to Land Lots 303 and 304; thence northwesterly along said land lot line, 170 feet, more or less, to a point on the centerline of Richland Creek; thence southwesterly along the centerline of said Creek following the meanderings thereof and crossing Little Mill Road, 200 feet to a point on the southeasterly right of way of Little Mill Road; thence northwesterly along said right of way 70 feet to a point at the intersection of Richland Creek Road and Little Mill Road; thence southwesterly and westerly along the easterly right of way of Richland Creek Road, 352 feet, more or less, to a point; thence southerly 29 feet to a point on the centerline of Richland Creek; thence easterly along the centerline of said Creek, 379 feet, more or less, to a point; thence southwesterly 848 feet to a point; thence southeasterly 965 feet to a point; thence South 59 degrees 09 minutes East, 1697 feet, more or less, to a point on the land lot line common to Land Lots 304 and 305; thence South 30 degrees 35 minutes East, 1731.1 feet to the corner common to Land Lots 292, 293, 304 and 305; thence North 59 degrees East along the land lot line common to Land Lots 293 and 304, 13,170 feet, more or less, to a point; thence southeasterly 380 feet to a point; thence easterly 575 feet to a point on the Georgia Power Company right of way; thence South 59 degrees West, 1630 feet, more or less, to a point on the land lot line com mon to Land Lots 292 and 293; thence southeasterly along said land lot line to the corner common to Land Lots 270, 271, 292 and 293; thence southeasterly along the land lot line common to Land Lots 270 and 271, 2380.71 feet to a point; thence South 39 degrees 19 minutes West, 233 feet to a point on the northeasterly right of way of Georgia Highway 20 Connector; thence southeasterly along said right of way, 1450 feet, more or less, to a point; thence crossing Georgia Highway 20 Connector South 39 degrees West, 200 feet, more or less, to an iron pin located on the southwesterly right of way of said Road; continuing thence South 59 degrees West, 107.7 feet to an iron pin; thence South 28 degrees 55 minutes East, 339 feet to an iron pin; thence South 28 degrees 55 minutes East, 232.4 feet to an iron pin located on the land lot line common to Land Lots 258 and 259; thence southeasterly along said Land Lot Line crossing Georgia Highway 13 (U.S. 23) to a point at the intersec tion of the southeasterly right of way of U.S. Highway 23 and the southwesterly right of way of Sudderth Road; thence southeasterly along said right of way of Sudderth Road, 230 feet to a point; thence southwesterly 630 feet to a point on the southeasterly right of way of U.S. Highway 23; thence crossing U.S. Highway 23 following the current Buford City Limits line, arriving at an axle located on the northwesterly right of way of said Highway, said axle being located 695 feet southwesterly of the intersection of said Highway and the land lot line common to Land Lots 258 and 259; thence North 28 degrees 14 minutes West, 1055.71 feet to an iron pin; thence South 60 degrees 54 minutes West, 1755.6 feet to an iron pin; thence South 29 degrees 7 minutes East, 465.76 feet to an iron pin; thence North 60 degrees 57 minutes East, 714.66 feet to an iron pin; continuing North 60 degrees 51 minutes East, 753.84 feet to an iron pin; thence South 28 degrees 26 minutes East, 700.62 feet to an iron pin located on the northwesterly right of way of U.S. Highway 23; thence southwesterly along said right of way, 350 feet, more or less, to a point where the current Buford City Limits line intersects with the Highway; thence in a westerly direction along the City Limits line (said line coinciding also in part with the southeasterly line of Frontier Forest Subdivi sion Addition No. 2), 1410 feet to a point on the centerline of a creek; thence southeasterly along the centerline of said creek, following the meanderings thereof, 550 feet to a point on the northwesterly right of way of U.S. Highway 23; thence northeasterly along said right of way, 1360 feet to a point; crossing said Highway thence along the southern most City Limit line, arriving at a point on the southeasterly right of way of said Highway; running thence South 62 degrees 25 minutes East, 470 feet to a point; thence South 39 degrees 20 minutes West, 100 feet to a point; thence North 62 degrees 25 minutes West, 470 feet to a point on the southeasterly right of way of U.S. Highway 23; thence South 39 degrees 54 minutes West, 463.4 feet along said right of way to a point; thence South 58 degrees 46 minutes East, 665.8 feet to an iron pin; thence South 48 degrees 19 minutes 55 seconds West, 180.21 feet

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to an iron pin; thence South 40 degrees 26 minutes 55 seconds West crossing Hamner Circle, 190.69 feet to an iron pin on the southwesterly right of way of said road; thence northwest erly along said right of way to the northerly corner of Corbin tract at which point a branch intersects with said road; thence southerly along the centerline of said branch 200 feet, more or less, to an iron pin at the southwesterly corner of Corbin tract; thence southerly along the centerline of said branch 430 feet, more or less (the traverse being South 14 degrees 5 min utes West, 416.0 feet; thence southeasterly and southwesterly along the centerline of a sec ond branch, and following the meanderings thereof and crossing the land lot line common to Land Lots 230 and 258, 1833 feet to a point where said branch intersects Suwanee Creek; thence westerly, southwesterly, southeasterly, southerly and southwesterly along the centerline of Suwanee Creek following the meanderings thereof 2,700 feet, more or less, to a point on the land lot line common to Land Lots 230 and 231; thence southeasterly along said land lot line and continuing along the land lot line common to Land Lots 216 and 217, 2242.8 feet to an iron pin; continuing southeasterly along said land lot line, 1592 feet to the corner common to Land Lots 188, 189, 216 and 217; continuing thence southeasterly along the land lot line common to Land Lots 189 and 188 to a point located on the easterly right of way of 1-985; thence South 30 degrees 38 minutes West, 135.9 feet along the line lot line to an iron pin found; thence North 59 degrees 19 minutes East, 1170.9 feet to a point; thence North 59 degrees 16 minutes East, 617.9 feet to an iron pin found; thence North 59 degrees 24 min utes East, 1182.0 feet to an iron pin found; thence North 30 degrees 20 minutes West, 400 feet to an iron pin found; thence North 59 degrees 05 minutes East, 399.3 feet to a point on the easterly land lot line of Land Lot 188; thence South 30 degrees 21 minutes East along the common land lot line of Land Lots 188 and 187, 400 feet, more or less, to the centerline of Plunketts Road; thence easterly, southeasterly, northeasterly and northerly and following the curvature thereof, 2193.7 feet, more or less, along the centerline of Plunketts Road to a point on the northerly land lot line of Land Lot 187 (common to Land Lots 187 and 218); thence South 59 degrees 18 minutes West, 1833.7 feet along the common land lot line to an iron pin found at the corner of Land Lots 187, 188, 217 and 218; thence North 30 degrees 35 minutes West, 785 feet along the common land lot line of Land Lots 217 and 218 to a point on the southeasterly right of way of 1-985; continuing thus across the right of way of 1-985 to its intersection with said common Land Lot Line; thence northerly along the northwesterly right of way of 1-985, 2787.0 feet, more or less, continuing along the northerly right of way of the entrance to 1-985, North 15 degrees 18 minutes East, 723.4 feet; continuing thence North 09 degrees 47 minutes East, 330.9 feet to the intersection of Frontage Road No. 3 (also known as Horizon Parkway); thence South 86 degrees 16 minutes West, 36.3 feet to the easterly right of way of said Frontage Road; thence along the easterly right of way of Frontage Road South 28 degrees 08 minutes West, 870.3 feet; continuing thence South 35 degrees 58 minutes West, 992.4 feet to a point on the northerly side of Sudderth Road (abandoned); thence North 68 degrees 28 minutes West, 117.7 feet to the westerly right of way of Frontage Road; thence along the westerly right of way of said Frontage Road North 32 degrees 21 minutes East, 1352.7 feet; continuing thence North 20 degrees 38 minutes East, 743.7 feet to an iron pin set on the land lot line common to Land Lots 218 and 229; thence South 59 degrees 07 minutes West, 1548.1 feet along said land lot line to a point; thence North 30 degrees West, 2170 feet, more or less, to a point on the centerline of Su wanee Creek; thence along the meanderings of said Creek in a basically eastward direction, 1830 feet, more or less, to a point on the southerly right of way of Georgia Highway No. 20 Connector; thence southeasterly along the southwesterly right of way of Georgia Highway No. 20 Connector 210 feet, more or less, to a point; thence 175 feet, more or less, in a northeasterly direction, crossing the land lot line common to Land Lots 229 and 228 to a point on the southwesterly right of way of Georgia Highway No. 20; thence northerly along the southwesterly and westerly right-of-way of Georgia Highway 20 260 feet, more or less, to a point on the current Buford city limit line; thence northeasterly along said city limit line 640 feet to a point; continuing along the city limit line in a northerly direction along the easterly boundary of property now or formerly owned by W. T. Dodd 1150 feet to a point; continuing along the city limit line in a northwesterly direction along the property of Dodd 375 feet, more or less, to a point on the southwesterly right-of-way of Maddox (formerly known as Puckett) Road; thence southeasterly along the southwesterly right-of-way of Mad-

THURSDAY, MARCH 6, 1986

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dox Road and following the curvature thereof 650 feet, more or less, to a point; thence southwesterly along the northwesterly line of the property now or formerly owned by Paul and Montine Pruett 265 feet to a point; thence southeasterly along the southwest line of Pruett 70 feet to a point; thence northeasterly along the southeasterly line of Pruett 245 feet to a point on the southwesterly right-of-way of Maddox Road; continuing thence in a north easterly direction across Maddox Road to a point on the northeasterly right-of-way of said road; thence southeasterly along said right-of-way 70 feet, more or less, to a point being the southwesterly corner of property owned now or formerly by William C. Little; thence north easterly along Little's line 184 feet to a point; thence southeasterly along the common line of Little and Mildred Montgomery 84 feet to a point; thence in a more southerly direction 200 feet, more or less, to a point on the northerly right-of-way of Maddox Road; thence easterly and northeasterly along the northerly and northwesterly right-of-way of Maddox Road fol lowing the curvature thereof, 450 feet, more or less, to a point on the northwesterly right-ofway of said road; thence northwesterly 190 feet to a point; thence northeasterly 210 feet to a point; thence northwesterly 100 feet to a point; thence northeasterly 180 feet to an iron pin; thence North 75 degrees 10 minutes West 200 feet to an iron pin; continuing thence to the southwesterly right-of-way of an unnamed county road and following the curvature thereof southwesterly along said right-of-way to its intersection with Maddox Road; thence south easterly across Maddox Road to the point where the southerly right-of-way of Maddox Road intersects with northwesterly right-of-way of 1-985, also known as Atlanta-Gainesville High way; thence southwesterly along the northwesterly right-of-way of 1-985 continuing as 1-985 widens to a point approximately 1000 feet from the intersection of 1-985 with the northeast erly right-of-way of Ga. Highway No. 20 Connector; leaving the right-of-way of 1-985, run ning thence southwesterly 920 feet to a point on the northeasterly right-of-way of Ga. High way No. 20 Connector; thence southeasterly along said right-of-way 410.6 feet, more or less, to a point at the intersection of Ga. Highway No. 20 Connector and 1-985; thence northeast erly along the southwesterly right-of-way of 1-985 911 feet to a point on said right-of-way; thence crossing 1-985 along the current Buford City Limits line, arriving at a point on the southeasterly right-of-way of 1-985, 800 feet northwesterly from the intersection of 1-985 with the northeasterly right-of-way of Ga. Highway No. 20 Connector; thence southeasterly along said 1-985 right-of-way 800 feet to the aforementioned point of intersection; thence easterly along the northerly right-of-way of Ga. Highway No. 20 Connector 1350 feet, more or less, to the point where the right-of-way of said Connector narrows; thence South 29 degrees 15 minutes West, 170 feet across said Connector; thence northwesterly along the southerly right-of-way of said road, following the curvature thereof, 1152 feet to a construc tion monument; thence southwesterly along the northeasterly right-of-way of 1-985 and its access ramp, following the curvature thereof, to the land lot line common to Land Lots 218 and 219; thence southeasterly along said land lot line 1616.4 feet to an iron pin on the northerly right-of-way of Sudderth Road; thence easterly and northeasterly along said northern right-of-way and following the curvature thereof 1100 feet, more or less, to a point on the southeasterly right-of-way of Ga. Highway No. 20; thence southeasterly along said southwesterly right-of-way crossing the land lot line common to Land Lots 186 and 219 and continuing to the intersection of the centerline of a county road with said southwestern right-of-way of Ga. Highway 20, which point lies approximately 680 feet southeasterly along the centerline of said county road from its intersection with the land lot line common to Land Lots 186 and 219; thence northwesterly along the centerline of said county road 50 feet, more or less, to the current Buford City Limits line; thence southwesterly to a point on the southwesterly right-of-way of said county road, being the northwesterly corner of prop erty now or formerly owned by Anitox Corp.; continuing thence in a southwesterly direction along the northwesterly side of said Anitox tract 1170 feet, more or less, to a point on the land lot line common to land Lots 186 and 187; thence southeasterly along said land lot line 480 feet, more or less, to the corner of said Anitox tract; thence northeasterly along said tract 500 feet, more or less, to a point; thence southeasterly along said tract 358 feet to a point; thence northeasterly 480 feet, more or less, to a point; thence southeasterly 350 feet to a point on the southwesterly right-of-way of Ga. Highway No. 20; thence northwesterly along said right-of-way 315 feet to a point; thence southwesterly 174 feet to a point; thence northwesterly 250 feet to a point; thence northeasterly 174 feet to a point on the southwest-

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erly right-of-way of Ga. Highway No. 20; thence easterly 80 feet crossing Ga. Highway No. 20 to a point on the northeasterly right-of-way of said highway; thence southerly along the northeasterly right-of-way to an iron pin, which pin is located 452.29 feet southerly along the curve of said right-of-way from the intersection of the southeasterly right-of-way of Bogan Road and the northeasterly right-of-way of Ga. Highway No. 20; thence North 84 de grees 15 minutes East, 479.14 feet to a rock; thence North 37 degrees 49 minutes West, 160.53 feet to an iron pin; continuing thence North 37 degrees 39 minutes West, 149.97 feet to an iron pin; thence North 69 degrees 48 minutes West, 420.0 feet to the aforementioned point at the intersection of Began Road and Ga. Highway No. 20; thence crossing Bogan Road and continuing northwesterly along the northeasterly right-of-way of Ga. Highway No. 20, 650 feet, more or less, to an iron pin; thence North 48 degrees 10 minutes East, 350 feet to an iron pin; thence North 37 degrees 30 minutes West, 310.2 feet to an iron pin located on the land lot line common to Land Lots 186 and 219, said pin being located on the south easterly right-of-way of Sudderth Road (also known as North Fork Bogan Road); following the southeasterly right-of-way of Sudderth Road and said land lot line in a southwesterly direction approximately 200 feet to the point at which Sudderth Road turns northwesterly away from the land lot line; thence North 25 degrees 13 minutes West, 80 feet crossing Sudderth Road to an iron pin located on the northwesterly right-of-way of Sudderth Road; continuing North 25 degrees 13 minutes West, 587.4 feet to an iron pin; thence South 50 degrees 08 minutes West, 343.9 feet to an iron pin located on the northeasterly right-of-way of Ga. Highway No. 20; proceeding northwesterly along the northeasterly right-of-way of said Highway 1460 feet, more or less, to the point at which the right-of-way widens; from said point at which the right-of-way is widened, thus northeasterly 490 feet to a point; thence southerly 80 feet to a point; thence northeasterly 609 feet to the northwest corner of Rock Creek Estate Unit 2; thence South 31 degrees 13 minutes 14 seconds East, 1047 feet along the southwesterly border of Rock Creek Estate Subdivision, Units 1 and 2, to a point, being the southwesterly corner of Lot 4, Block A, Rock Creek Estate Subdivision, Unit 1; thence easterly along the southerly boundaries of Lots 3 and 4, Block A, of said subdivision, 372 feet to a point; thence southeasterly along the rear of Lots 1 and 2, Block A, of said subdivision, 188 feet to a point located on the northwesterly right-of-way of South Bogan Road; thence northeasterly along the northwesterly right-of-way of said road, following the curvature thereof, 877 feet to a point, being the southeasterly corner of Lot 1, Block B, Rock Creek Estate Subdivision, Unit 1; thence northwesterly along the northerly border of said lot, 276 feet, more or less, to a point on the land lot line common to Land Lots 219 and 220; thence North 31 degrees 13 minutes 14 seconds West along the land lot line and continuing along that land lot line common to Land Lots 227 and 228, 3,255.5 feet to a point; thence southwesterly 1,233.3 feet to a point on the southeasterly right-of-way of Highway No. I985; thence northeasterly along the southeasterly right-of-way of said highway, 1500 feet, more or less, said point lying approximately 280 feet northeasterly of the intersection of said highway with the land lot line common to Land Lots 227 and 228; thence southeasterly along the southwesterly boundary of property now or formerly owned by E. Carter Bullard, 1490 feet to a point; thence northeasterly along the southeasterly line of the Bullard tract, 775 feet to a point; thence northwesterly along said track 1090 feet to a point on the south easterly right-of-way of Maddox Road (f/k/a Puckett Road); thence southwesterly along said right-of-way and following the curvature thereof, 290 feet, more or less, to a point; thence northwesterly 400 feet to a pont; thence southwesterly 214 feet to a point on the southeasterly right-of-way of Highway 1-985; thence northeasterly along the right-of-way of 1-985 1084 feet to a point on said right-of-way; thence southeasterly along the current Buford city limits line 1080 feet, more or less, to the northwesterly right-of-way of Maddox Road; thence northeasterly along said right-of-way and following the curvature thereof, and crossing the land lot line common to Land Lots 226 and 227, 2015 feet, more or less, to a point; thence following the current Buford city limits line southeasterly 272 feet to a point on the northwesterly right-of-way of South Bogan Road; thence along said right-of-way northeasterly 450 feet to a point at the intersection of the northwesterly right-of-way of South Bogan Road and the southeasterly right-of-way of East Maddox Road; thence south westerly along the southerly right-of-way of East Maddox Road 255 feet to a point; thence running with the current Buford city limits line across East Maddox Road and thence

THURSDAY, MARCH 6, 1986

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northeasterly 600 feet to a point; continuing thence along the city limit line as follows: Northeasterly 193 feet to a point; northwesterly 365.5 feet to a point; thence southeasterly 950 feet, more or less, to a point on the southeasterly right of way of Bogan Road; thence South 61 degrees 20 minutes East, 387.3 feet to an iron pin; thence South 19 degrees 05 minutes West, 105 feet to an iron pin; thence South 61 degrees 20 minutes East, 494 feet to an iron pin; thence North 28 degrees 08 minutes East, 340 feet, more or less, to a point; thence southeasterly 342 feet to a point; thence northerly 353 feet to a point on the north easterly right of way of Hamilton Mill Road; thence southeasterly 900 feet, more or less along said right of way to a point on the land lot line common to Land Lots 225 and 226; thence northwesterly along the common land lot line to the common corner of Land Lots 225, 226, 262 and 263; thence northeasterly along the land lot line common to Land Lots 225 and 263, 511 feet, more or less to a point; thence southeasterly 243 feet, more or less to the westerly corner of Lot 1, Block A, Springlake Estates, Unit 2; thence southeasterly along the southerly side of Lot 1, Block A, Unit 2 and Lots 9 and 10, Block A, Unit 1, Springlake Estates and continuing thence 1,800 feet more or less to a point; thence northeasterly in a line coinciding with the southeasterly sides of Lots 23-26, Block A, Unit 2, Springlake Es tates, 1,755 feet more or less to a point on the land lot line common to Land Lots 225 and 224; thence northwesterly along said common land lot line, 1,170 feet more or less to the corner of Land Lots 224, 225, 263 and 264, and continuing thence along the land lot line common to Land Lots 263 and 264, 1,435 feet to a point; thence southwesterly 317 feet to a point; thence westerly 92 feet to a point on the westerly right of way of Bogan Road, which point lies 375 feet southwesterly along said right of way from the intersection of Bogan Road and the land lot line common to Land Lots 263 and 264; thence northerly along the westerly right of way of Bogan Road, 100 feet, more or less, to a point; thence northwesterly 440 feet, more or less, to a point; thence southwesterly 220 feet, more or less, to a point; thence northeasterly 50 feet, more or less, to a point; thence southwesterly 200 feet, more or less, to a point; thence southeasterly 50 feet, more or less, to a point; thence northeasterly 180 feet, more or less, to a point; thence southeasterly 600 feet, more or less, to a point on the northwesterly right of way of Bogan Road; thence 1,100 feet more or less southwesterly along the northwesterly right of way of Bogan Road to a point, thence North 78 degrees 04 minutes 40 seconds West, 222.57 feet to an iron pin; thence 297, 298, 299 and 300; thence northeasterly along the land lot line common to Land Lots 299 and 300, 1780 feet, more or less, to a point at the centerline of a branch; thence northeasterly along the centerline of the branch following the meanderings thereof 1,652.4 feet, more or less, to an iron pin; thence leaving the branch and running North 03 degrees 24 minutes East, 54.6 feet to an iron pin; thence North 30 degrees 25 minutes West, 201.4 feet to an iron pin located on the south easterly side of a 200-foot Southern Railroad right-of-way; continuing thence northwesterly 100 feet, more or less, into the Railroad right of way to a point at its center; running thence along the southeastern rail 680 feet to a point on the centerline of Holiday Road; thence southeasterly along the centerline of Holiday Road to the point where it forks and becomes Rest Haven Road and Greens Crossing Road; thence in a southeasterly and southerly direc tion, along the northeasterly right of way of Rest Haven Road, and following the curvature thereof, 1000 feet, more or less, to a point; thence northeasterly 160 feet, more or less, to a point; thence southerly 200 feet, more or less, to a point; thence northeasterly 410 feet, more or less, to a point on the land lot line common to Land Lots 169 and 299, also being the line dividing the 7th and 8th Land Districts of Hall County; thence northwesterly along the land lot line 1000 feet, more or less to a point on the southeasterly side of the Southern Railroad 200 foot right of way, which point is also the point of intersection of the railroad right of way and the southerly right of way of Greens Crossing Road; thence continuing in said northwesterly direction crossing Greens Crossing Road to a point on the northerly right of way of said Road; running thence in a westerly direction along the northerly right of way of Greens Crossing Road continuing as said road runs concurrently with Holiday Road to a point on the northwesterly side of the Southern Railroad 200 foot right of way; running thence in a northeasterly and northerly direction along said railroad right of way, and fol lowing the curvature thereof, 5443 feet, more or less to an iron pin located on the land lot line common to Land Lots 159 and 169; continuing thence along the railroad right of way, 1717.50 feet to a point; thence North 51 degrees 53 minutes West, 100 feet to a point at

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which the railroad right of way increases to 400 feet; continuing along said right of way, 465.6 feet to a point; thence North 31 degrees 40 minutes West, 718.51 feet to a point on the easterly right of way of Holiday McEver Road; continuing thence across said road to a point; and running thence North 36 degrees 43 minutes West from the westerly right of way, 702.7 feet to a point; thence North 37 degrees 28 minutes East, 415.49 feet to an iron pin; thence North 30 degrees 37 minutes West, 150.35 feet to a point; thence South 47 degrees 39 minutes 13 seconds West, 1589.02 feet to a point on the southwesterly right of way of Black berry Lane; thence northwesterly along said southwesterly right of way and following the curvature thereof, 800 feet, more or less, to a point; thence South 60 degrees 00 minutes West, 880 feet to a point; thence North 29 degrees 15 minutes 01 seconds West, 280.01 feet to a point; thence North 60 degrees 00 minutes East, 900 feet to a point on the southwest erly right of way of Blackberry Lane; thence North 31 degrees 28 minutes 40 seconds West, 100 feet to a point; thence South 60 degrees 00 minutes West, 1639.65 feet to a point; thence South 30 degrees 12 minutes East, 348.8 feet to an iron pin; thence North 59 degrees 41 minutes East, 200.2 feet to an iron pin; thence South 30 degrees 11 minutes East, 600.3 feet to an iron pin; thence South 24 degrees 31 minutes West, 675.8 feet to an iron pin; thence South 30 degrees 22 minutes East, 627.8 feet to a point on the centerline of a creek; thence along said creek the following traverse lines: South 37 degrees 53 minutes 05 seconds West, 485.28 feet to an iron pin, South 71 degrees 35 minutes 00 seconds West, 1588.94 feet to an iron pin, and South 37 degrees 41 minutes 50 seconds East, 298.87 feet to an iron pin; thence leaving said creek, South 66 degrees 12 minutes West, 246.7 feet to an iron pin; thence South 30 degrees 05 minutes West, 324.6 feet to an iron pin located on the northeast erly right of way of Holiday Road; thence southeasterly along the northeasterly right of way of said road, 160 feet to a nail and cap; continuing thence southeasterly 860 feet to a point; thence North 61 degrees 22 minutes 30 seconds East, 305.52 feet to an iron pin; thence South 39 degrees 37 minutes East, 149.2 feet to an iron pin; thence South 39 degrees 18 minutes East, 492.75 feet to an iron pin; thence South 55 degrees 34 minutes West, 332 feet to a point; thence South 38 degrees 26 minutes East, 259.1 feet to a point on the northwest erly right of way of Holiday McEver School Road; thence along said right of way in a south westerly direction and crossing Holiday Road to an iron pin on the northwesterly right of way of McEver Road where it intersects with the northerly right of way of Buford Water works Road; thence along said right of way of Buford Waterworks Road North 53 degrees 21 minutes 42 seconds West 24.20 feet to a point; thence North 79 degrees 28 minutes 28 seconds West 29.86 feet to a point; thence North 89 degrees 49 minutes 53 seconds West 38.21 feet to a point; thence South 85 degrees 41 minutes 07 seconds West 35.68 feet to an iron pin; thence North 27 degrees 30 minutes 00 seconds West 269.28 feet to an iron pin; thence North 70 degrees 30 minutes 00 seconds East 216.91 feet to an iron pin on the south westerly right-of-way of Holiday Road; thence South 37 degrees 27 minutes 25 seconds East 129.28 feet along said right-of-way to a right-of-way monument; continuing thence along said right-of-way South 13 degrees 23 minutes 04 seconds East 178.36 feet to a right-of-way monument situated on the northwesterly right-of-way of McEver Road; thence southeast erly, crossing McEver Road, to a survey marker at the point of intersection of the southerly right-of-way of Holiday Road and the northeasterly right-of-way of McEver Road; thence southwesterly along the northeasterly and southeasterly right-of-way of McEver Road fol lowing the curvature thereof, 453.19 feet to an iron pin; thence South 23 degrees 22 minutes 50 seconds East, 45.62 feet to an iron pin on the northerly edge of the Southern Railroad 200-foot right-of-way; proceeding along the railroad right-of-way in a generally southwest erly direction from Hall County into Gwinnett County crossing the land lot line common to Land Lots 299 and 300 and proceeding along the curvature of said railroad right-of-way to a point in Land Lot 300 approximately 990 feet southeasterly along the railroad right-of-way from the line dividing Hall County and Gwinnett County; thence northwesterly across the railroad right-of-way proceeding to a point on the northwesterly right-of-way of Peachtree Industrial Boulevard; running thence northeasterly along the northwesterly right-of-way of Peachtree Industrial Boulevard, also known as McEver Road, following the curvature thereof, crossing the line dividing Gwinnett and Hall Counties and continuing thence 875 feet, more or less, to an iron pin; thence North 6 degrees 07 minutes 11 seconds East, 406.8 feet to an iron pin set on the southwesterly side of an asphalt drive; thence northwesterly

THURSDAY, MARCH 6, 1986

1807

along the curvature of said asphalt drive 67.11 feet to an iron pin on the southerly right-ofway of Buford Waterworks Road (a/k/a Buford Dam Road); thence South 71 degrees 30 minutes 37 seconds East, 612.35 feet along said right-of-way to an iron pin; thence South 08 degrees 29 minutes 12 seconds East, 95.51 feet along a gravel road to an iron pin; thence South 73 degrees 08 minutes 35 seconds West, 89.23 feet to an iron pin; thence North 23 degrees 46 minutes West, 91.44 feet to an iron pin on the southerly right-of-way of Buford Waterworks Road; following said right-of-way thence South 71 degrees 30 minutes 37 seconds East, 193 feet to an iron pin; thence South 16 degrees 31 minutes 48 seconds East, 117.6 feet to an iron pin on the land lot line common to Land Lots 300 and 328; thence South 59 degrees 43 minutes West along said land lot line 106.4 feet to an iron pin; thence North 35 degrees 44 minutes West, 150.7 feet to a point on the southerly right-of-way of Buford Waterworks Road; thence 200 feet southwesterly along said right-of-way to a point; thence South 01 degree 00 minutes East, 241 feet to a point; thence South 59 degrees 00 minutes West, 55 feet to a point; thence Northwesterly 244 feet to a point on the southeast erly right-of-way of Buford Waterworks Road; thence southwesterly along the southeasterly right-of-way of said road 300 feet, more or less, to a point on the line dividing Hall and Gwinnett Counties; thence following said county line in a northwesterly direction 300 feet, more or less, to a point on the northeasterly right-of-way of Buford Dam Road; thence northwesterly 500 feet, more or less, along the northeasterly boundary of property now or formerly owned by Letoy Whidby to a point; thence in a more westerly direction along the north line of Whidby 175.6 feet to a point; thence southwesterly along the west line of Whidby, continuing into Gwinnett County, 911.4 feet, more or less, to the northeast line of property now or formerly owned by W. A. Elinburg, Jr.; thence northwesterly along the north line of Elinburg 243 feet to a point; thence southwesterly along the west line of Elinburg 545 feet to a point on the northeasterly right-of-way of Buford Dam Road; thence northwesterly along said right-of-way following the curvature thereof to an iron pin located 139.03 feet northwesterly from the intersection of the westerly right-of-way of Lakeshore Drive (a/k/a Cole Mill Road) and said right-of-way of Buford Dam Road; thence North 27 degrees 56 minutes 28 seconds East, 146 feet to an iron pin; thence North 19 degrees 52 minutes 14 seconds West, 48 feet to an iron pin; thence North 69 degrees 39 minutes West, 74 feet to an iron pin; thence South 28 degrees 09 minutes 20 seconds West, 178 feet to an iron pin located on the northeasterly right-of-way of Buford Dam Road; thence northwest erly along the said northeasterly right-of-way 1008.9 feet, more or less, to an iron pin; thence North 11 degrees 52 minutes 49 seconds East, 177.88 feet to an iron pin; thence North 82 degrees 03 minutes West, 216 feet to an iron pin; thence southeasterly 164.14 feet to an iron pin on the northwesterly right-of-way of Buford Dam Road; continuing thence westerly and southwesterly along the northwesterly right-of-way of Buford Dam Road to a point, which point lies approximately 3660 feet westerly and northwesterly along said right-of-way from its intersection with the westerly right-of-way of Cole Mill Road; thence northwesterly 1634 feet to a point extending into Land Lot 332; thence southwesterly 1455.6 feet to a point; thence southeasterly 97.5 feet to a point; thence in a more southerly direction 780 feet on a point on the northwesterly right-of-way of Buford Dam Road; thence northeasterly along said right-of-way 600 feet, more or less, to a point, which point lies 120 feet, more or less, easterly from the easterly right-of-way of Shadburn Ferry Road; thence northwesterly 80.1 feet along the current Buford City Limit line; running thence along said city limit line as follows: northeasterly 350 feet to a point; and thence northwesterly, westerly and southwest erly in an approximate semicircle 585 feet to a point; and southwesterly 250 feet, more or less, to a point on the northeasterly right-of-way of Shadburn Ferry Road, which point lies 630 feet northwesterly along said right-of-way from the intersection of Shadburn Ferry Road and Buford Dam Road; thence northwesterly along the northeasterly right-of-way of Shadburn Ferry Road 320 feet, more or less, to a point on said right-of-way; thence in a westerly direction, crossing Shadburn Ferry Road to a point on the southwesterly right-ofway, which point is the northeasterly corner of a 1.56-acre tract owned now or formerly by Thesta Settle and Florence Settle; thence southeasterly along the northerly line of the Settle tract 265.1 feet to a point; thence southeasterly along the southwesterly line 219.1 feet to a point; thence southeasterly 282.5 feet to a point on the southwesterly right-of-way of Shadburn Ferry Road; thence southeasterly along said right-of-way 50 feet to a point;

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thence northwesterly 289 feet, more or less, to a point; thence southeasterly 287 feet to a point; thence southwesterly 200 feet to a point; thence southeasterly 250 feet to a point on the northerly right-of-way of Buford Dam Road; continuing thence southeasterly across Buford Dam Road to a point on the southerly right-of-way; thence southwesterly along said southerly right-of-way 2100 feet, more or less, to a point, said point lying 396 feet, more or less, easterly along said right-of-way from the easterly right-of-way of Little Mill Road, and being the northeasterly corner of a tract now or formerly owned by Sara T. Crumley; thence southwesterly 200 feet to a point; thence easterly 93 feet to a point; thence southwesterly 187 feet to a point; thence in a more westerly direction 215 feet to a point on the easterly right-of-way of Little Mill Road; thence northwesterly along said right-of-way of Little Mill Road 327 feet to a point at the intersection of Buford Dam Road and Little Mill Road; thence across Little Mill Road and along the southerly right-of-way of Buford Dam Road and following the curvature thereof 650 feet, more or less, to a point; thence South 13 de grees East 1129 feet to a point on the land lot line common to Land Lots 325 and 334; thence South 58 degrees West along said land lot line 1142 feet to a point; thence North 52 degrees 45 minutes West, 428 feet to an iron pin; thence South 59 degrees 02 minutes West, 686 feet to an iron pin; thence North 21 degrees 00 minutes East, 1175.1 feet to an iron pin located on the southwesterly right-of-way of Buford Dam Road; thence northwesterly along said right-of-way and following the curvature thereof to an iron pin located on said right-ofway 408 feet southeasterly from the southeasterly right-of-way of Jimmy Dodd Road; thence South 42 degrees 54 minutes West, 200.4 feet to an iron pin; thence South 33 degrees 31 minutes West, 708 feet to an iron pin located 25 feet from the centerline of a creek; thence southeasterly and southerly along the centerline of the creek the following traverse lines: South 23 degrees 48 minutes East, 352.5 feet to an iron pin; South 05 degrees 23 minutes West, 200 feet to a point; South 14 degrees 51 minutes West, 131 feet; South 20 degrees 24 minutes West, 200 feet; South 04 degrees 08 minutes West, 345 feet; and South 05 degrees 01 minute West, 117.4 feet to an iron pin; thence South 57 degrees 26 minutes West, 327.4 feet to an iron pin located on the land lot line common to Land Lots 334 and 335; thence southeasterly along said land lot line and continuing along the land lot line common to Land Lots 324 and 325 to an iron pin 1265 feet southeasterly from the corner common to Land Lots 324, 325, 334 and 335; thence North 57 degrees 37 minutes East, 208 feet to an iron pin; thence South 31 degrees 45 minutes East, 208 feet, more or less, to an iron pin; thence run South 57 degrees 55 minutes West 416 feet to an iron pin; thence run North 32 degrees 36 minutes West 777.1 feet to a rock and iron pin; thence run South 58 degrees 04 minutes West, 3,060 feet, more or less, to an iron pin on the land lot line common to Land Lots 323 and 324; thence southeasterly along said land lot line 1050 feet, more or less, to the city limits line of Sugar Hill; thence along the boundary of the City of Sugar Hill traveling in a southwesterly direction along an arc having a radius of 8,804.09 feet to a point on the land lot line common to Land Lots 322 and 323; thence northwesterly along said land lot line to a point on the southerly right of way of Appling Road; thence easterly and southeast erly along said right of way, and following the curvature thereof, 467 feet to the centerline of a creek; thence in a generally northeasterly direction along the centerline of said creek, 2196 feet to an iron pin; thence North 35 degrees West, 136.1 feet to an iron pin; thence North 21 degrees 30 minutes West, 65 feet to a marked gum tree; thence West 170 feet to a point; thence North 14 degrees West, 225 feet to a point; thence North 01 degrees West, 100 feet to a point; thence North 52 degrees East, 63 feet to a point; thence North 56 degrees 45 minutes East, 180 feet to an iron pin; thence North 8 degrees 45 minutes East, 655.4 feet to an iron pin; thence North 12 degrees East, 665 feet to a point on the land lot line common to Land Lots 335 and 336; thence northwesterly along said land lot line, 1350 feet to a point; thence South 61 degrees 27 minutes West a distance of 971.6 feet to an iron pin corner; thence South 54 degrees 49 minutes West a distance of 395.8 feet to an iron pin 30 feet from Richland Creek; thence South 26 degrees 00 minutes East a distance of 133.1 feet along the traverse line of Richland Creek; thence South 03 degrees 03 minutes East a distance of 96.2 feet; thence South 62 degrees 35 minutes East a distance of 121.2 feet along said traverse line; thence South 35 degrees 24 minutes East, a distance of 313.3 feet; thence South 63 degrees 08 minutes East a distance of 98.9 feet to an iron pin; thence in a westerly direction along the 80-foot right of way of Richland Creek Road a distance of 1138.7 feet to an iron

THURSDAY, MARCH 6, 1986

1809

pin located on the southeasterly right of way of Sycamore Road; continuing thence in a westerly direction along the northerly right of way of Richland Creek Road and following the curvature thereof 541.1 feet to an iron pin located on the land lot line common to Land Lots 336 and 337; thence northwesterly along said land lot line, 385.4 feet to an iron pin and rock corner; thence North 58 degrees 11 minutes East, 1120 feet to an iron pin on the east erly right of way of Sycamore Road; thence North 58 degrees 11 minutes East a distance of 227.5 feet to an iron pin; thence North 24 degrees 34 minutes West a distance of 173.8 feet to an iron pin; thence North 21 degrees 40 minutes West a distance of 1231.4 feet to an iron pin 12 feet from Richland Creek; thence South 69 degrees 08 minutes West a distance of 162.9 feet to an iron pin on the easterly right of way of Sycamore Road; continuing thence westerly to an iron pin on the westerly right of way of Sycamore Road; thence South 39 degrees 36 minutes West a distance of 146.3 feet along the traverse line of Richland Creek to a point; thence North 75 degrees 57 minutes West a distance of 194.9 feet; thence North 38 degrees 00 minutes West a distance of 138.8 feet; thence South 77 degrees 42 minutes West a distance of 167.7 feet; thence North 50 degrees 22 minutes West a distance of 253.4 feet; thence continuing along said traverse line North 73 degrees 19 minutes West a distance of 127.0 feet to an iron pin; thence North 17 degrees 02 minutes West a distance of 35.0 feet to an iron pin located on the land lot line common to Land Lots 336 and 350; thence North 58 degrees 37 minutes East along said land lot line a distance of 585.2 feet to an iron pin located on the southwesterly right of way of Sycamore Road; thence northwesterly along the southwesterly right of way of Sycamore Road and following the curvature thereof, 742.6 feet to an iron pin, which iron pin sits at the centerline of Old Sycamore Road (dirt road); thence North 82 degrees 26 minutes East, 13.4 feet to a point; thence North 65 degrees 45 minutes East, 100 feet to a point; thence South 53 degrees 50 minutes West, 1,419.57 feet to a point; thence North 30 degrees 23 minutes West, 150 feet to a point; thence South 53 degrees 37 minutes East, 41 feet more or less, to a point; thence North 36 degrees 01 min utes West, 159.42 feet to a point; thence North 53 degrees 59 minutes West, 823.23 feet to a point on the centerline of said Old Sycamore Road; continuing along the centerline of said road the following: North 54 degrees 48 minutes West 28 feet, North 70 degrees 50 minutes West, 100 feet, and North 58 degrees 55 minutes West 75 feet; thence North 65 degrees 50 minutes West, 95.4 feet to an iron pin; thence South 19 degrees 56 minutes West, 175.2 feet to an iron pin; thence South 52 degrees 12 minutes West, 573 feet to an iron pin; thence North 29 degrees 23 minutes West, 51.5 feet to an iron pin; thence South 64 degrees 04 minutes West, 275.5 feet to an iron pin on the land lot line common to Land Lots 349 and 350; run thence along said land lot line North 29 degrees 23 minutes West, 570.6 feet to an iron pin; continue thence North 29 degrees 23 minutes West, 3 feet to a point in the center of a branch; run thence northerly along the centerline of said branch and following the meanderings thereof, 1,054.2 feet to a point; thence South 59 degrees 51 minutes West, 835.5 feet to an iron pin on the easterly right of way line of a county road (based on a 50-foot right of way); run thence along said right of way line North 05 degrees 16 minutes West, 293 feet to an iron pin, North 30 degrees 16 minutes West, 400 feet to an iron pin, North 06 degrees 21 minutes West, 306.4 feet to an iron pin, and North 03 degrees 08 minutes West, 300 feet to an iron pin; run thence South 61 degrees 18 minutes West and crossing said county road a distance of 652.5 feet to an iron pin; run thence North 06 degrees 36 minutes West 595 feet to an iron pin; run thence South 61 degrees 08 minutes West, 601.8 feet to an iron pin on the easterly right of way line of Suwanee-Buford Dam Road; run thence along said right of way line North 06 degrees 59 minutes West, 87.3 feet, North 04 degrees 06 minutes West, 98.7 feet, and North 01 degree 33 minutes West, 14 feet to an iron pin; run thence North 60 degrees 41 minutes East, 200 feet to an iron pin; run thence North 01 degree 40 minutes West, 100.7 feet to an iron pin; run thence South 60 degrees 27 minutes West, 200 feet to an iron pin on the easterly right of way line of Suwanee-Buford Dam Road; run thence North 0 degrees 52 minutes West along said right of way line 300 feet to an iron pin; run thence North 59 degrees 46 minutes East, 1099.9 feet to an iron pin on the southwesterly right of way of Buford Dam Road (60-foot right of way); run thence in a northwesterly direction along the southwesterly right of way of Buford Dam Road, 550 feet, more or less, to a point on the southeasterly right of way of Suwanee-Buford Dam Road; thence crossing said Buford Dam Road to a point at its intersection with Spillway Road;

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thence running North 33 degrees 33 minutes East, 45 feet to a point located on said Spill way Road; thence North 59 degrees 07 minutes West 33 feet to a point; thence South 68 degrees 46 minutes East, 148.5 feet to a government marker; thence South 25 degrees East, 218.6 feet to a point on the Northeasterly side of Buford Dam Road; thence running south easterly along the northeasterly right of way of Buford Dam Road to a point where the northerly right of way of Lakeside Avenue would intersect said Buford Dam Road if it were extended; thence crossing Buford Dam Road in a southerly direction to a point at the south easterly intersection of Lakeside Avenue and Buford Dam Road; run thence South 30 de grees 10 minutes East, 1303.7 feet to a concrete monument on the land lot line common to Land Lots 350 and 363; run thence North 60 degrees 49 minutes East along said land lot line, 2269.7 feet to a point on the southwesterly right of way of Sycamore Road; run thence along the southwesterly, westerly and northwesterly right of way of Sycamore Road, 875 feet, more or less, to the centerline of a Georgia Power Company right of way easement; thence South 49 degrees 41 minutes East across Sycamore Road to an iron pin in the center of said Georgia Power Company Easement; run thence South 49 degrees 41 minutes East, 493.3 feet to an iron pin; continue thence South 49 degrees 41 minutes East, 32 feet to a point in the center of a branch; run thence in a general northeasterly direction along the centerline of said branch and following the meanderings thereof, 1037 feet, more or less, to the point at which the centerline of said branch is intersected by the land lot line common to Land Lots 350 and 351; run thence southeasterly along said land lot line, 1946.6 feet to a point on the southeasterly right of way of Jimmy Dodd Road; run thence 540.8 feet in a southwesterly direction along the southeasterly right of way of said road to a point, said point also being the point at which the southeasterly right of way line of said road is inter sected by the centerline of an existing dirt road; run thence along the centerline of said dirt road South 16 degrees 35 minutes West, 159.6 feet, South 40 degrees 58 minutes West, 100 feet, South 57 degrees 48 minutes West, 100 feet, South 72 degrees 06 minutes West, 100 feet, and South 79 degrees 41 minutes West, 146.1 feet to a point on the southeasterly right of way of Jimmy Dodd Road; running thence in a southwesterly direction along the south easterly right of way of Jimmy Dodd Road, 340 feet, more or less, to an iron pin located at the centerline of a gulley; running thence in an easterly direction, 697.4 feet, more or less, along the centerline of said gulley to an iron pin located on the land lot line common to Land Lots 336 and 350; running thence northeasterly along the common land lot line, 1224.6 feet to a pin at the Land Lot corner of Land Lots 335, 336, 350 and 351; thence North 56 degrees 54 minutes East, 1,710 feet to an iron pin; thence North 84 degrees 35 minutes West, 1074 feet to an iron pin on the southwesterly right of way of Jimmy Dodd Road; thence North 47 degrees 25 minutes East, 385.4 feet (crossing said Road) to an iron pin; thence South 31 degrees 50 minutes West, 775.4 feet to the centerline of Jimmy Dodd Road; thence in a northeasterly direction along the centerline of Jimmy Dodd Road and following the curvature thereof, 1840 feet, more or less, to a point on the southwesterly right of way of Buford Dam Road; continuing thence across Buford Dam Road to a point on the northeast erly right of way of said road; running thence in a westerly, northwesterly and northerly direction along the northeasterly right of way of Buford Dam Road to a point 140 feet northwesterly along said right of way from the land lot line common to Land Lots 334 and 352; thence easterly 200 feet to a point; thence northerly 130 feet to a point on the northerly right of way of Dogwood Circle; thence northwesterly along the northerly right of way of Dogwood Circle, 85 feet to the intersection of said right of way and the southeasterly right of way of Pinetree Drive; thence northeasterly along the curvature of Pinetree Drive, 130 feet to a point; thence northwesterly 200 feet to a point; thence in a more northerly direc tion 227.2 feet to a point; thence northeasterly 214.3 feet to a point; thence northwesterly 310 feet to a point; thence northerly 107 feet to a point; thence northeasterly 163 feet to a point; thence northwesterly along the northeasterly right of way of Dogwood Circle, 90 feet to a point on the southeasterly right of way of Oak Road; thence northeasterly along said right of way, 206 feet to the land lot line common to Land Lots 352 and 353; thence northerly along said land lot line, 50 feet, more or less, to a point lying 1380 feet northwest erly from the land lot corner common to Land Lots 333, 334, 352 and 353; thence northeast erly 792 feet to a point, being the northerly corner of property now or formerly owned by R.T. Gunter; thence southerly 1593 feet to the land lot corner; thence South 23 degrees 08

THURSDAY, MARCH 6, 1986

1811

minutes 7 seconds West, 665.5 feet to a concrete monument; thence South 31 degrees 40 minutes 10 seconds East 499.83 feet to an angle iron; thence North 60 degrees 2 minutes 50 seconds East, 543.9 feet to an iron pin on the land lot line common to Land Lots 333 and 334; thence running North 59 degrees 00 minutes 51 seconds East, a distance of 355.47 feet to an angle iron found; thence running South 56 degrees 00 minutes East, a distance of 346.79 feet to an iron pin set on the southwestern boundary of the right of way of Dolvin Lane (40-foot right of way); thence running along the southwestern boundary of the right of way of Dolvin Lane South 20 degrees 00 minutes East, a distance of 55.44 feet to an iron pin found; thence running South 44 degrees 21 minutes 45 seconds West, a distance of 737.31 feet to an iron pin found; thence running South 13 degrees 35 minutes 13 seconds West, a distance of 218.94 feet to an iron pin found; thence running North 86 degrees 13 minutes 26 seconds West, a distance of 386.00 feet to a point; thence southwesterly 600 feet to a point on the northerly right of way of Buford Dam Road; thence easterly along said right of way to a point 87.5 feet easterly from the land lot line common to Land Lots 333 and 334; thence northerly 280 feet to a point; thence easterly 159 feet to a point; thence southerly 280 feet to a point on the northerly right of way of Buford Dam Road; thence easterly along said northerly right of way to the point where it intersects the land lot line common to Land Lots 326 and 333; thence southerly across Buford Dam Road; thence easterly along said southerly and southeasterly right of way to a point at the intersection of said road and the northeasterly right of way of Shadburn Ferry Road, which point is the true point of beginning.
This legal description is intended to include and is hereby declared to include that area shown as the City of Buford on the Official Zoning Map of Buford prepared by Keck & Wood, Inc., as said map existed on February 3, 1986. All the above-described territory shall be classified and zoned the same zoning classification as was designated by the City of Buford on February 3, 1986. Any future changes in the corporate limits of the City of Buford shall be shown on amended maps which shall be filed with the city and available for public inspection."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 45, nays 0, and the substitute was adopted.
HB 2071:
Senators Scott of the 2nd and Bryant of the 3rd offered the following amendment:
Amend HB 2071 by striking from line 27 on Page 31 the following: "14",
and inserting in its place the following: "12".
By striking from lines 4 and 5 on Page 32 the following:
"the City of Islands, Georgia, be Georgia, be approved?'",
and inserting in its place the following:
"the City of Islands, Georgia, be approved?'"
On the adoption of the amendment, the yeas were 45, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to as amended.

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JOURNAL OF THE SENATE

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bond Brannon Brown of 47th Bryant Burton Cobb Dawkins Deal Dean English Engram

Fincher Foster Garner Gillis Greene Harris Harrison Hine Horton Hudgins Huggins Kennedy Land Langford McGill

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

Those not voting were Senators:

Barnes Bowen Brantley Broun of 46th

Coleman Coverdell Holloway Howard

Kidd Timmons Walker

On the passage of all the local bills, the yeas were 45, nays 0.

All the bills on the Senate Local Consent Calendar, except HB 1854, HB 1939, HB 1941, HB 2064 and HB 2071, having received the requisite constitutional majority, were passed.

HB 1854, HB 1939, HB 1941 and HB 2071, having received the requisite constitutional majority, were passed as amended.

HB 2064, 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 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 House amendment was as follows:

Amend SB 438 by striking from lines 22 through 26 of Page 1 the following:
"(1) School food service managers or employees who work less than 60 percent of the time necessary to carry out the normal duties of the position shall not qualify for sick leave under this article;",

THURSDAY, MARCH 6, 1986

1813

and inserting in lieu thereof the following:
"(1) School food service managers and employees who are eligible for membership in the Public School Employees Retirement System shall qualify for sick leave under this article;".

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 Joseph E. Kennedy

State Senator

FROM:

G. W. Hogan, State Auditor C. T. Stevens, Director, Office of Planning and
Budget

DATE:

February 28, 1986

SUBJECT: Fiscal Note--Senate Bill 438 (LC 7 6253) School Food Service Personnel--Sick Leave

This Bill would provide that state funds would be allocated by the State Board of Education to provide five days sick leave for each full-time school food service manager and each full-time food service employee. Food service managers and employees working less than 60% of the time necessary to carry out the normal duties of the position would not qualify. The funds would be allocated on the basis of the statewide average full-time compensa tion of full-time managers and employees. Sick leave could be accumulated from one year to the next up to ten days.

This Bill would cost a minimum of $1,558,000 for full-time food service personnel. There could be an additional cost for personnel working between 60% and 100% for each position; however, the exact number and cost for these personnel is not readily available. Based on information provided from the Department of Education, there are approximately 1,642 full-time food service managers and 9,509 full-time food service employees.

/s/ G. W. Hogan State Auditor

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

Senator Kennedy of the 4th moved that the Senate agree to the House amendment to SB 438.

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Brannon Broun of 46th

Brown of 47th Bryant Burton Cobb Dawkins Deal Dean English

Engram Foster Garner Gillis Greene Harris Harrison Hine

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JOURNAL OF THE SENATE

Horton Howard Hudgins -K., enned.y Land Langford
Peevy

Perry Phillips Ray TR edidiishi Scott of 2nd Scott of 36th
Starr

Stumbaugh Tate Tolleson
* *J11C&UI1
lurner Tysinger Walker

Those not voting were Senators:

Bowen Brantley Coleman Coverdell

Fincher Holloway Huggins Kidd

McGill McKenzie Timmons Trulock

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 438.

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

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.

The House amendment was as follows:

Amend the Senate substitute to HB 1698 by inserting in line 22 on Page 2 immediately preceding the word "Nothing" the following:
"Any portion of the unincorporated area of Chatham County which does not receive transit services shall be excluded from the special district for transit services."

Senator Scott of the 2nd moved that the Senate agree to the House amendment to the Senate substitute to HB 1698.

On the motion, the yeas were 30, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 1698.

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

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.

The House amendment was as follows:

Amend the Senate substitute to HB 1699 by adding immediately following line 24 on Page 13, as a part of Section 3.2, the following:
"All areas of Chatham County which are included within such special district for transit services shall be served by the transit system of the authority on a reasonable basis through out such special district."

THURSDAY, MARCH 6, 1986

1815

Senator Scott of the 2nd moved that the Senate agree to the House amendment to the Senate substitute to HB 1699.
On the motion, the yeas were 41, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 1699.
Senator Phillips of the 9th introduced the doctor of the day, Dr. Craig Heigerick, of Lilburn, Georgia.
The following bills of the Senate were taken up for the purpose of considering the House substitutes thereto:
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.
The House substitute to SB 465 was as follows:
A BILL
To be entitled an Act to repeal in its entirety Code Section 49-4-17.1 of the Official Code of Georgia Annotated, relating to establishment of pilot community work experience programs for persons receiving aid to families with dependent children; to amend Article 5 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to aid to families with dependent children, so as to provide for an employment services program for persons receiving such assistance; to provide for transportation, child care, and other support ser vices to participants in such program; to provide for mandatory registration and participa tion of recipients of assistance in the program and to provide for exceptions to such mandatory participation; to provide that employers providing employment under the pro gram shall be civilly liable only under certain circumstances; to provide for insurance of risks arising out of the program; to provide for state-wide or partial implementation of the program; to provide for all related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 49-4-17.1, which reads as follows:
"49-4-17.1. (a) The General Assembly finds that, pursuant to newly amended Section 409 of the federal Social Security Act, the states have been given wide latitude to establish community work experience programs for unemployed persons receiving aid to families with dependent children. Such programs could be a valuable means for these recipients to gain work experience while at the same time making valuable contributions to those communities whose tax dollars help support them.
(b) The Department of Human Resources shall establish pilot community work experi ence programs in which unemployed persons receiving aid to families with dependent chil dren under this article shall be required to participate in order to be included in their public assistance grant. The programs shall provide work training and experience for such persons who are not otherwise able to obtain employment in order to assist them to move into regu lar or private employment and become self-supporting. These programs shall be limited to projects which serve a useful public purpose in fields which include, without being limited to, health, social service, environmental protection, education, urban and rural development and redevelopment, welfare, recreation, public facilities, public safety, and day care.",

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is repealed in its entirety.
Section 2. Article 5 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to aid to families with dependent children, is amended by adding a new Code Sec tion 49-4-108 to read as follows:
"49-4-108. (a) The department shall develop and implement an employment services program for persons receiving assistance under this article. This employment services pro gram shall be known as the Positive Employment Assistance Community Help (PEACH) Program. The program shall include such educational programs, vocational skills programs, work experience programs, on-the-job training programs, and job search and job develop ment programs as are determined by the department to best promote the goals of employability and employment of such persons, subject to the requirements of this Code section.
(b) To the maximum extent possible the employment services program shall provide for all transportation, child care, and other support services necessary to enable participants in the program to participate therein without personal hardship or hardship to other members of their families, as determined by the department.
(c) Assistance under this article shall be terminated if a recipient refuses to register for or participate in the employment services program, but mandatory participation shall not be required in the case of any recipient who:
(1) Is physically or mentally unable to participate;
(2) Is unable to obtain transportation required for participation and is not provided transportation or funds for transportation as a part of the program;
(3) Is unable to obtain child care services required for participation and is not provided child care services or funds for child care as a part of the program; or
(4) Is unable to participate in the program or would suffer undue hardship in partici pating in the program for such other reasons as may be specified by the department.
(d) No recipient shall be required to participate in any work experience or on-the-job training program unless such program meets the requirements of either paragraph (1) or paragraph (2) of this subsection.
(1) Participation in a work experience or on-the-job training program may be uncompensated, provided that:
(A) No recipient shall be required to engage in such a program without compensation for any period in excess of six months in any one placement;
(B) No recipient shall be required to engage in such a program without compensation unless such program is, as determined by the department, designed to and likely to result in the participant's obtaining compensated employment; and
(C) No recipient shall be required to engage in such a program without compensation unless all child care needs and transportation needs of the participant are met as specified in subsection (c) of this Code section; and
(2) Participation in a work experience or on-the-job training program may be compen sated, provided that:
(A) No recipient shall be required to engage in such a program for compensation unless the recipient is paid at least the federal minimum wage for such participation, provided that this requirement shall apply only to the extent that the federal minimum wage law would apply to such employment if such employment was provided by private contractual agree ment rather than pursuant to this Code section; and
(B) No recipient shall be required to engage in such a program for compensation unless such program is, as determined by the department, designed to and likely to result in the participant's retaining compensated employment.

THURSDAY, MARCH 6, 1986

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(e) Notwithstanding any other contrary provision of law, an employer employing a par ticipant under a program provided for in this Code section, whether such employment is compensated or uncompensated, shall not be liable to the participant or to any other person for any injury, accident, or death arising out of and in the course of such employment unless such injury is caused by the employer's wanton or willful recklessness or is caused by an intentional act of the employer, provided that provision of public or private insurance cover ing any risk shall waive this qualified immunity to the extent of such insurance coverage. The provisions of this subsection shall, however, be subject to any inconsistent provisions of Chapter 9 of Title 34, relating to workers' compensation, in any situation in which Chapter 9 of Title 34 applies.
(f) The department is authorized to, but shall not be required to, purchase and provide insurance coverage with respect to any of the following:
(1) Liability of participants in the employment services program for damages arising from participation in the program; and
(2) Liability of public and private employers providing compensated or uncompensated employment under the program for damages arising from the provision of such employment.
(g) The department may provide for prompt state-wide implementation of this Code section if the department determines that it is feasible to do so. If the department deter mines that prompt state-wide implementation of this Code section is not feasible, the de partment shall in any event promptly proceed to implement this Code section in such coun ties as is feasible and shall proceed with state-wide implementation as rapidly as is feasible.
(h) The department shall make a report with respect to the implementation of this Code section in December of 1986 and each year thereafter to the Speaker of the House and the Lieutenant Governor. Such report shall include but need not be limited to: the areas of the state in which this Code section has been implemented; the number of participants in the employment services program; the number of participants securing private compensated employment; the cost of operating the employment services program; and savings resulting from the employment services program."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Senator Howard of the 42nd moved that the Senate disagree to the House substitute to SB 465.
On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SB 465.
SB 164. By Senators Howard of the 42nd and Barnes of the 33rd:
A bill to amend Chapter 12 of Title 9 of the Official Code of Georgia Annotated, relating to verdict and judgments, so as to enact the "Uniform Enforcement of Foreign Judgments Law"; to provide a short title; to provide for a definition; to provide for the filing, status, and effect of foreign judgments; to provide for affi davits and notices of filing; to provide for stays of enforcement and for security pending the stays.
The House substitute to SB 164 was as follows:
A BILL
To be entitled an Act to amend Chapter 12 of Title 9 of the Official Code of Georgia Annotated, relating to verdict and judgments, so as to enact the "Uniform Enforcement of Foreign Judgments Law"; to provide a short title; to provide for a definition; to provide for the filing, status, and effect of foreign judgments; to provide for affidavits and notices of filing; to provide for stays of enforcement and for security pending the stays; to provide for

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fees; to provide for optional procedures; to provide for interpretation; to provide for applica bility; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 12 of Title 9 of the Official Code of Georgia Annotated, relating to verdict and judgments, is amended by adding at the end thereof a new Article 6 to read as follows:
"ARTICLE 6
9-12-130. This article may be cited as the 'Uniform Enforcement of Foreign Judgments Law.'
9-12-131. As used in this article, the term 'foreign judgment' means a judgment, decree, or order of a court of the United States or of any other court that is entitled to full faith and credit in this state.
9-12-132. A copy of any foreign judgment authenticated in accordance with an act of Congress or statutes of this state may be filed in the office of the clerk of any court of competent jurisdiction of this state. The clerk shall treat the foreign judgment in the same manner as a judgment of the court in which the foreign judgment is filed. A filed foreign judgment has the same effect and is subject to the same procedures, defenses, and proceed ings for reopening, vacating, staying, enforcing, or satisfying as a judgment of the court in which it is filed and may be enforced or satisfied in like manner.
9-12-133. (a) At the time a foreign judgment is filed, the judgment creditor or the judg ment creditor's attorney shall make and file with the clerk of the court an affidavit showing the name and last known post office address of the judgment debtor and the judgment creditor.
(b) The clerk shall promptly mail notice of the filing of the foreign judgment to the judgment debtor at the address given and shall note the mailing in the docket. The notice must include the name and post office address of the judgment creditor and, if the judgment creditor has an attorney in this state, the attorney's name and address. The judgment credi tor may mail a notice of the filing of the judgment to the judgment debtor and may file proof of mailing with the clerk. Lack of mailing notice of filing by the clerk does not affect the enforcement proceedings if proof of mailing by the judgment creditor has been filed.
9-12-134. (a) If the judgment debtor shows the court that an appeal from the foreign judgment is pending or will be taken or that a stay of execution has been granted and proves that the judgment debtor has furnished the security for the satisfaction of the judg ment required by the state in which it was rendered, the court shall stay enforcement of the foreign judgment until the appeal is concluded, the time for appeal expires, or the stay of execution expires or is vacated.
(b) If the judgment debtor shows the court any ground on which enforcement of a judg ment of the court of this state would be stayed, the court shall stay enforcement of the foreign judgment for an appropriate period and require the same security for satisfaction of the judgment that is required in this state.
9-12-135. A person filing a foreign judgment shall pay $10.00 to the clerk of the court. Fees for other enforcement proceedings shall be as otherwise provided by law for judgments of the courts of this state.
9-12-136. The judgment creditor retains the right to bring an action to enforce a judg ment instead of proceeding under this article.
9-12-137. This article shall be interpreted and construed to achieve its general purposes to make the law of those states which enact it uniform.
9-12-138. This article shall apply to foreign judgments of other states only if those states have adopted the 'Uniform Enforcement of Foreign Judgments Act' in substantially the same form as this article."

THURSDAY, MARCH 6, 1986

1819

Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Howard of the 42nd moved that the Senate agree to the House substitute to SB 164.

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Bond Cobb Coleman

Holloway Horton McGill

Peevy Scott of 2nd

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 164.

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

Mr. President:

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

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.

The following bills of the Senate were taken up for the purpose of considering the House substitutes thereto:

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-

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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 House substitute to SB 334 was as follows:
A BILL
To be entitled an Act 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 provisions 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; to provide for contempt proceedings against a prosecuting witness in certain circumstances; 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. Part 1 of Article 4 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds for good behavior, is amended by striking Code Section 17-690, relating to issuance of warrants and proceedings for bonds, and inserting in its place a new Code section to read as follows:
"17-6-90. (a) Any judicial officer authorized to hold a court of inquiry may, upon the information of others under oath or upon his own motion, issue a warrant against any per son in the county whose conduct is such as to justify the belief that the safety of any one or more persons in the county or the peace or property of the same is in danger of being injured or disturbed thereby. Upon the return of the warrant and upon sufficient cause be ing shown, the court may require from the person a bond with sureties for his good behavior until the next term of the superior court of the county or for a period of 60 days, whichever is greater. Any person against whom a warrant issues must, within 24 hours, be brought for a hearing before the court which issued the warrant or be released on bond by the sheriff, the amount and reasonable conditions of such bond to be set by the court which issued the warrant.
(b) All bonds posted under this Code section shall be returnable in the court which issued the warrant and shall be amendable in the court's discretion. Within seven days after being released on bond by the sheriff, the person shall be entitled to a hearing before the court which issued the warrant. The court may, on its own motion, require a hearing.
(c) If it is determined at a hearing that there was not sufficient cause for the warrant to have been issued, the affiant who caused the warrant to be issued shall pay all court costs."
Section 2. Said part is further amended by striking Code Section 17-6-93, relating to extension of bonds, surrender of principals, and expiration of bonds, and inserting in its place a new Code Section to read as follows:
"17-6-93. A bond for good behavior posted pursuant to Code Section 17-6-90 may be extended from term to term by the superior or state court, as the case may be, or for addi tional 60 day periods by the court which issued the warrant, whichever is greater, in its discretion. The sureties on the bond shall have the privilege of surrendering their principal as in other cases of bail."
Section 3. Said part is further amended by adding a new Code Section 17-6-94 to read as follows:
"17-6-94. Upon oral or written complaint by the injured party or upon motion by the prosecuting attorney, the court may, in its discretion, issue a rule for contempt against a party who violates the bond posted pursuant to Code Section 17-6-90. Upon hearing the rule, if the court finds that there has been a violation of the bond, the court may, in addi tion to the remedy provided in Code Section 17-6-92, impose a sentence for contempt of court. If it should appear to the court from the evidence and the court finds that the viola-

THURSDAY, MARCH 6, 1986

1821

tion of the bond was provoked or brought about by the conduct of the prosecuting witness, the witness may be ruled for contempt of court and sentenced as provided by law."
Section 4. This Act shall become effective July 1, 1986, and shall apply to proceedings initiated on or after said effective date.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

Senator Deal of the 49th moved that the Senate agree to the House substitute to SB 334.

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 Coverdell Dawkins Deal

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

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

Those not voting were Senators:

Coleman Holloway Horton

Howard McGill

Scott of 2nd Tate

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 334.

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 House substitute to SB 384 was as follows:

A BILL
To be entitled an Act to amend Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to authorization and general requirements for transaction of insurance, so as to require certain insurers to file itemized annual reports; to provide for the contents of such reports; to provide for due dates; to provide for compilation and availability of such reports; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to authorization and general requirements for transaction of insurance, is amended by in serting immediately following Code Section 33-3-21 a new Code section, to be designated Code Section 33-3-21.1, to read as follows:
"33-3-21.1.(a) As part of the annual report of the affairs and operations of an insurer under Code Section 33-3-21, each insurer licensed to write property and casualty insurance shall be required by the Commissioner to submit a report on a form furnished by the Com missioner showing its direct writings in this state.
(b) The report required by subsection (a) of this Code section shall include but not be limited to the following types of insurance written by such insurer:
(1) Motor vehicle bodily injury liability insurance, including medical pay insurance;
(2) Products liability insurance;
(3) Medical malpractice insurance;
(4) Architect and engineer malpractice insurance;
(5) Attorney malpractice insurance;
(6) Motor vehicle personal injury protection insurance;
(7) Motor vehicle property liability insurance;
(8) Uninsured motorist insurance;
(9) Underinsured motorist insurance; and
(10) Commercial casualty or property insurance as defined in paragraph (1) of Code Section 33-7-3 or Code Section 33-7-6.
(c) Additionally, the report shall include the following information:
(1) Direct premiums written;
(2) Direct premiums earned;
(3) Net investment income, including net realized capital gains and losses, using appro priate estimates where necessary;
(4) Incurred claims, developed as a sum of, and with figures provided for, the following:
(A) Dollar amount of claims closed with payment; plus
(B) Reserves for reported claims at the end of the current year; minus
(C) Reserves for reported claims at the end of the previous year; plus
(D) Reserves for incurred but not reported claims at the end of the current year; minus
(E) Reserves for incurred but not reported claims at the end of the previous year; plus
(F) Reserves for loss adjustment expense at the end of the current year; minus
(G) Reserves for loss adjustment expense at the end of the previous year;
(5) Actual incurred expenses allocated separately to loss adjustments, commissions, other acquisition costs, general office expenses, taxes, licenses, fees, and all other expenses;
(6) Net underwriting gain or loss; and
(7) Net operation gain or loss, including net investment income.
(d) The annual report shall be due by the first of March of each year, beginning in 1987, and shall cover the prior calendar year.
(e) It shall be the duty of the Commissioner annually to compile and review all such

THURSDAY, MARCH 6, 1986

1823

reports submitted by insurers pursuant to this Code section. The reports shall be published and made available to the public."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Deal of the 49th moved that the Senate agree to the House substitute to SB 384.

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bond Brannon
oBrroanutnleoyff 4^6uth BBrroywannt of 47th Burton Cobb Coverdell Dawkins Deal Dean

English Engram Fincher Foster Garner Gillis
SHa'6r6ri"s6 HHainrreison Hudgins Huggins Kennedy Kidd Land Langford

McKenzie Peevy Perry Phillips pav Reddish
S<, co" of 36th Satu.mt.baughu Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Barnes Bowen Coleman

Holloway Horton Howard

McGill Scott of 2nd Tate

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 384.

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

HB 1953. By Representatives Murphy of the 18th, Burruss of the 20th, McDonald of the 12th, Phillips of the 120th and Lee of the 72nd:
A bill to amend Code Section 45-9-4 of the Official Code of Georgia Annotated, relating to state liability insurance and self-insurance, so as to provide for insur ing and self-insuring liability of officers of the state for separate insurance and self-insurance in connection with abatement and removal of asbestos and other hazardous materials from state facilities.

Senator Dean of the 31st moved that the Senate insist upon the Senate substitute to HB 1953.

On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 1953.

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SENATE RULES CALENDAR
Thursday, March 6, 1986
THIRTY-NINTH LEGISLATIVE DAY
HR 525 General Assembly Enactment--paramount to court rules (SUBSTITUTE) (Judy--49th)
HB 1489 Blasting, Excavating--near underground facilities (AMENDMENT) (Pub U--29th)
HB 1684 Local Retirement System--investment of assets, same term as life insurance companies (SUBSTITUTE) (Ret--14th)
HR 644 Law Enforcement Officer, Fireman Indemnification--for permanent disability (SUBSTITUTE) (Pub Saf--27th)
HB 889 Retired Peace Officer--carrying weapon at public gathering (SUBSTITUTE) (Pub Saf--28th)
HB 1818 Attorney Representing Indigent--circumstances for no action to be brought against (SUBSTITUTE) (Judy--10th)
HB 1362 Sales When Food Stamps Used--sales tax exempt (AMENDMENT) (B&F--15th)
HB 1501 Filling Vacancy in Public Office--no judicial determination (SUBSTITUTE) (Gov Op--25th)
HB 1723 Recorded Material--prohibit certain unauthorized reproductions (AMEND MENT) (I&L--45th)
HB 1423 Driver Training School Operator--renewal of license (I&L--29th)
HB 1644 Superior Courts--change certain fees in certain civil, criminal actions (J&CL--26th)
HB 1444 Georgia Southern College--design of special license plate (Gov Op--6th)
HB 1984 Labeling of Beef--Commissioner of Agriculture adopt rules for (Ag--21st)
HR 69 Public Emergency Medical Technician--compensation when killed, disabled on duty (Pub Saf--8th)
HB 1294 Fuel Used to Heat Structure Where Poultry Raised--sales tax exempt (B&F--46th)
HB 1794 Interstate Interference with Custody--possessing child in another state (C&Y--44th)
HB 1445 Oxygen Prescribed by Physicians--sales tax exempt (B&F--45th)
HB 1420 Nursing Home, Day-Care Center--fees for criminal records checks (Hum R--42nd)
HB 344 Sheriffs--change provisions on qualifications (Gov Op--6th)
HB 1584 Income Tax--change by United States Department of the Treasury in amount of taxpayer's net income (B&F--15th)
HB 1549 County Boards of Health--immunity from liability for criminal records checks (Hum R--52nd)
HB 1270 Hearing Aids--exempt from sales tax (B&F--45th)
HB 182 Augusta Judicial Circuit Superior Court Judges--increase to five (Judy--22nd)
HB 1347 Overtaking School Bus Violation--conduct of hearings (Pub Saf--28th)
HB 1297 Insulin and Syringes Dispensed Without Prescription--sales tax exempt (B&F--15th)
HB 1589 Appalachian Judicial Circuit Superior Courts--change terms of court (Judy--49th)

THURSDAY, MARCH 6, 1986

1825

HB 1551 Child's Right to Select Custodial Parent--no denial of visitation rights (C&Y--2nd)
HB 1276 Public School Disciplinary Matters--appeals (Ed--55th) HB 1412 Breaching Covenant to Use Property for Agriculture--tax penalty provisions
(B&F--15th) HR 717 English Language--designate as official language of the State (Ed--50th) HR 770 Forestry Commission--transferring ownership of structure (Pub U--14th) HR 125 Public School Retirees--public funds for health insurance plan (App--44th) HB 1742 Public Property--unit of government may bring action like nongovernmental
party (Pub U--33rd) HB 1154 Criminal Case Sentence--no change after 60 days from imposition (Judy--42nd) HB 1385 Mental Health--substance abuse in reference to certain services (Hum R--42nd) HR 660 DeKalb County Government Study Commission--create (Rules--55th) HR 686 Atlanta-Fulton County Taxation Study Commission--create (Rules--38th) HR 687 Joint Farm Labor Sanitation Study Committee--create (Ag--24th) HB 568 County and Independent Boards of Education--school security personnel
(Ed--19th) HB 1785 County Boards of Tax Assessors--number of members may be appointed
(B&F--45th) HB 1888 Filing Property Conveyance--Secretary of State functions to State Properties
Commission (Pub U--33rd) HB 1938 Sapelo Island Heritage Authority--Hog Hammock community (Pub U--33rd) HB 2001 Aid to Family With Dependent Children--income under Jobs Training Program
Act (Hum R--26th) HR 718 Development Districts for Promoting Commercial Development Through Ad
Valorem Incentives--procedure (B&F--43rd)
Respectfully submitted, /s/ Holloway of the 12th, Chairman
Senate Rules Committee
The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:
HB 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.
Senate Sponsor: Senator Baldwin of the 29th.
The Senate Committee on Public Utilities offered the following amendment:
Amend HB 1489 by replacing lines 25 and 26 of Page 3 with the following:
"The term "gas" shall also include liquid petroleum products."
By inserting at the end of line 18 on Page 4 the following:
"Such term, however, also does not include and shall not apply to the Department of

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JOURNAL OF THE SENATE

Transportation, its officers or employees when excavating, blasting, or operating mechanized excavating equipment anywhere within public road rights of way."
By inserting between lines 32 and 33 on Page 8 the following:
"(c) Whenever any blasting or excavating with mechanized excavating equipment is un dertaken on a project on the public road system under contract with the Department of Transportation, the notice required under subsection (a) of this Code section shall be deemed to have been given for all utility facilities other than gas which are shown on the project plans and for which a notice of contract award and a notice of preconstruction con ference have been mailed to the utility by the Department of Transportation. Nothing con tained in this subsection shall be construed to relieve any person under contract with the Department of Transportation of the duties set forth in Code Section 25-9-8 as to all under ground utility facilities."

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 passage of the bill as amended, was agreed to.

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

Those voting in the affirmative were Senators:

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

Deal Dean English Fincher Garner Gillis Greene Harris Harrison Hine Horton Howard Hudgins Huggins Kennedy

Kidd Land Langford Perry Ray Reddish Scott of 2nd Scott of 36th Stumbaugh Timmons Tolleson Trulock Turner Tysinger

Voting in the negative was Senator Foster.

Those not voting were Senators:

Bowen Coleman Engram Holloway

McGill McKenzie Peevy Phillips

Starr Tate Walker

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

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

THURSDAY, MARCH 6, 1986

1827

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

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.

Senator Hudgins of the 15th moved that the Senate insist upon the Senate amend ments to HB 1469.

On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate insisted upon the Senate amendments to HB 1469.

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

HB 1684. By Representatives Hanner of the 131st and Sizemore of the 136th:
A bill to amend Article 1 of Chapter 1 of Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, generally, so as to provide for the investment and reinvestment of assets of local retirement systems under the same terms, conditions, limitations, and restrictions as are imposed on domestic life insurance companies.
Senate Sponsor: Senator McKenzie of the 14th.

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 Bob Hanner State Representative
G. W. Hogan, State Auditor
February 5, 1986
Legislative Bill (LC 6 5927) Local Retirement Systems
This Bill would allow the board of trustees of any local retirement sys tem to invest and reinvest the assets of the retirement system, provided that such power to make investments would be subject to the same limitations and terms as are imposed on domestic life insurance companies in making and disposing of their investments. It is further provided that the board of trustees of any local retirement system shall not invest more than 50% of the system's assets in equities.
This is to certify that this is a non-fiscal retirement bill to the pension systems.
/s/ G. W. Hogan State Auditor

1828

JOURNAL OF THE SENATE

The Senate Committee on Retirement offered the following substitute to HB 1684:

A BILL
To be entitled an Act to amend Article 1 of Chapter 1 of Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, generally, so as to provide for the investment and reinvestment of assets of local retirement systems under the same terms, conditions, limitations, and restrictions as are imposed on domestic life insurance compa nies; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 1 of Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, generally, is amended by adding at the end thereof a new Code Section 47-1-11 to read as follows:
"47-1-11. (a) Notwithstanding Code Section 36-80-3, Code Section 36-83-4, or any other law, the board of trustees of any local retirement system established or maintained under Article IX, Section II of the Constitution of Georgia shall have full power to invest and reinvest assets of the retirement system and to purchase, hold, sell, assign, transfer, and dispose of any securities and other investments in which assets of the retirement system have been invested, any proceeds of any investments, and any money belonging to the re tirement system, provided that, except as provided in subsection (b) of this Code section, such power shall be subject to all terms, conditions, limitations, and restrictions imposed by the laws of this state upon domestic life insurance companies in making and disposing of their investments; provided, further, that, except as provided in subsection (b) of this Code section, the board of trustees shall not invest more than 50 percent of retirement system assets in equities.
(b) Nothing in subsection (a) of this Code section shall be construed to limit or restrict the authority of the board of trustees of any retirement system to invest or reinvest assets of such system in such manner and under such conditions as are authorized by law."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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

TO:
FROM: DATE: SUBJECT:

Department of Audits 270 Washington Street
Room 207 Atlanta, Georgia 30334
STATE AUDITOR'S CERTIFICATION
The Honorable Jimmy Hodge Timmons, Chairman Senate Retirement Committee
G. W. Hogan, State Auditor
February 27, 1986
House Bill 1684 Senate Substitute (LC 6 6070S) Local Retirement Systems
This Bill would allow the board of trustees of any local retirement sys tem to invest and reinvest the assets of the retirement system, provided that such power to make investments would be subject to the same limitations and terms as are imposed on domestic life insurance companies in making and disposing of their investments. It is further provided that the board of trustees of any local retirement system shall not invest more than 50% of the system's assets in equities. The Bill would not limit or restrict the authority

THURSDAY, MARCH 6, 1986

1829

of the board of trustees of any retirement system to invest or reinvest assets of the retirement system in such manner as is authorized by law.
This is to certify that this is a non-fiscal retirement bill to the pension systems.
M G. W. Hogan State Auditor

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

The report of the committee, which was favorable to the passage of the bill by 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 B011*1
owe" Brantley BBrroowunn ooff 4467tthh Bryant BUrt0n Cobb Coverdell Dawkins Deal Dean

English Engrain Fincher Foster Garner
Gillis Greene ,,"arrls Hme Holloway Horton Hudgins Huggins Kennedy Kidd

Land Langford McGill Perry Ray
Reddish Scott of 2nd S0 cott o,f 3,,,,6.t,h Stumbaugh Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Barnes Brannon
Coleman Harrison

Howard McKenzie Peevy

Phillips Starr Tate

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

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

HR 644. By Representatives Lucas of the 102nd, Murphy of the 18th and Galer of the 97th:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the General Assem bly may provide by law for a program of indemnification with respect to the death or per manent disability of any law enforcement officer, fireman, or prison guard who was killed or permanently disabled in the line of duty at any time in the past; to provide that funds may be appropriated and insurance purchased for such purpose; to provide for submission of this amendment for ratification or rejection; and for other purposes.

1830

JOURNAL OF THE SENATE

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article III, Section VI, Paragraph VI of the Constitution is amended by ad ding a new subparagraph (c) to read as follows:

"(c) The General Assembly may provide by law for a program of indemnification with respect to the death or permanent disability of any law enforcement officer, fireman, or prison guard who was killed or permanently disabled in the line of duty at any time in the past. Funds shall be appropriated as necessary for payment of such indemnification or for the purchase of insurance for such indemnification or both. Such indemnification shall be in an amount not greater than that now or hereafter provided for indemnification with respect to the death or permanent disability of other law enforcement officers, firemen, and prison guards."

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 the General Assem bly may provide by law for a program of indemnification with respect to the death or permanent disability of any law enforcement officer, fireman, or prison guard who was killed or permanently disabled in the line of duty at any time in the past?"

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 Senate Committee on Public Safety offered the following substitute to HR 644:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the General Assem bly may provide by law for a program of indemnification with respect to the death or per manent disability of any law enforcement officer, fireman, prison guard, or publicly em ployed emergency medical technician who is or at any time in the past was killed or permanently disabled in the line of duty; to provide that funds may be appropriated and insurance purchased for such purpose; to provide for 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 VI, Paragraph VI of the Constitution is amended by ad ding a new subparagraph (c) to read as follows:
"(c) The General Assembly may provide by law for a program of indemnification with respect to the death or permanent disability of any law enforcement officer, fireman, prison guard, or publicly employed emergency medical technician who is or at any time in the past was killed or permanently disabled in the line of duty. Funds shall be appropriated as nec essary for payment of such indemnification or for the purchase of insurance for such indem nification or both."
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 Shall the Constitution be amended so as to provide that the General Assem-

THURSDAY, MARCH 6, 1986

1831

[ ] NO

bly may provide by law for a program of indemnification with respect to the death or permanent disability of any law enforcement officer, fireman, prison guard, or publicly employed emergency medical technician who is or at any time in the past was killed or permanently disabled in the line of duty?"

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.

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 adoption of the resolution by substitute, was agreed to.

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

Those voting in the affirmative were Senators:

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

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

Those not voting were Senators:

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

Brannon Coleman Deal

Harrison Howard Land

McKenzie Peevy Phillips

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

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

1832

JOURNAL OF THE SENATE

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 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.

The Speaker has appointed on the part of the House, Representatives Childers of the 15th, Athon of the 57th and Pannell of the 122nd.

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 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.

The Speaker has appointed on the part of the House, Representatives Colwell of the 4th, Hays of the 1st and Oliver of the 121st.

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 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.

The Speaker has appointed on the part of the House, Representatives Barnett of the 59th, Martin of the 60th and Bannister of the 62nd.

THURSDAY, MARCH 6, 1986

1833

The House has disagreed to the Senate amendment to the following resolution of the House:
HR 666. By Representative Lupton of the 25th: A resolution compensating Mr. Paul Webb, d.b.a. Kwik Kopy #206.
The House has agreed to the Senate substitute to the House substitute, as amended, to the following bill of the Senate:
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 following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:
HB 889. By Representatives Holmes of the 28th, Coleman of the 118th, Ramsey of the 3rd and Benn of the 38th: A bill to amend Code Section 16-11-127 of the Official Code of Georgia Anno tated, relating to prohibiting the carrying of deadly weapons to or at public gath erings, so as to provide an exception for retired peace officers; to amend Code Section 35-8-2 of the Official Code of Georgia Annotated, relating to definitions regarding employment and training of peace officers, so as to change the defini tion of the term "retired peace officer".
Senate Sponsor: Senator Cobb of the 28th.
The Senate Committee on Public Safety offered the following substitute to HB 889:
A BILL
To be entitled an Act to amend Code Section 16-11-127 of the Official Code of Georgia Annotated, relating to prohibiting the carrying of deadly weapons to or at public gatherings, so as to provide that peace officers retired from state or federal law enforcement agencies may carry pistols in publicly owned or operated buildings; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 16-11-127 of the Official Code of Georgia Annotated, relating to prohibiting the carrying of deadly weapons to or at public gatherings, is amended by strik ing subsection (c) and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) This Code Section shall not apply to competitors participating in organized sport shooting events. Law enforcement officers, peace officers retired from state or federal law enforcement agencies, judges, and district attorneys may carry pistols in publicly owned or operated buildings."
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.

1834

JOURNAL OF THE SENATE

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

Those voting in the affirmative were Senators:

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

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

Kennedy Kidd Langford McGill Perry Ray Reddish Scott of 2nd Starr Stumbaugh Tolleson Trulock
Turner Tysinger

Those not voting were Senators:

Brannon
Brantley Coleman Deal Harrison

Howard
Land McKenzie Peevy Phillips

Scott of 36th
Tate Timmons Walker

On the passage of the bill, the yeas were 42, nays 0.

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

The following resolution of the Senate was read and adopted:

SR 513. By Senators Allgood of the 22nd and Albert of the 23rd: A resolution recognizing and honoring Miss Tami Tesch.

Senator Allgood of the 22nd introduced Miss Tami Tesch, the current Miss Georgia USA, who briefly addressed the Senate.

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

HB 1818. By Representatives Cox of the 141st and Murphy of the 18th:
A bill to amend Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to legal defense of indigents, so as to provide that no action for damages shall be brought against any attorney licensed to practice law in this state as a result of any act or omission by such attorney in his representation of any indi gent person in any criminal proceeding under certain circumstances.
Senate Sponsor: Senator Trulock of the 10th.

The Senate Committee on Judiciary offered the following substitute to HB 1818:

A BILL
To be entitled an Act to amend Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to legal defense of indigents, so as to provide that no action for damages shall be brought against any attorney licensed to practice law in this state as a result of any

THURSDAY, MARCH 6, 1986

1835

act or omission by such attorney in his representation of any indigent person in any criminal proceeding under certain circumstances; to provide for discipline of attorneys; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to legal defense of indigents, is amended by adding at the end thereof a new Article 5 to read as follows:
"ARTICLE 5
17-12-80. Unless an attorney is disciplined by the State Bar of Georgia for ineffective representation afforded an indigent plaintiff or an appeal for ineffective assistance of coun sel is sustained, no action for damages shall be brought against any attorney licensed to practice law in this state as a result of any act or omission by such attorney in his represen tation of any indigent person in any criminal proceeding if such attorney was appointed to represent such person by a court within this state and received no compensation from any source for such services other than remuneration from public funds for representation of an indigent defendant. This Code section shall not affect the right of the State Bar of Georgia or the courts of this state to discipline an attorney for misconduct."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Senator Trulock of the 10th offered the following amendment:
Amend HB 1818 by inserting on line 7 of Page 1 between "circumstances;" and "to" and on line 14 of Page 1 between "circumstances;" and "to" the following:
"to provide exceptions;".
By striking from line 22 of Page 1 and from line 16 of Page 2 the following:
"Unless",
and inserting in their respective places the following:
"Except in the case of intentional acts or willful and wanton negligence, unless".
Senator Trulock of the 10th moved that HB 1818 be committed to the Senate Commit tee on Judiciary.
On the motion, the yeas were 32, nays 3; the motion prevailed, and HB 1818 was com mitted to the Senate Committee on Judiciary.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has disagreed to the Senate substitute to the following resolution of the House:
HR 517. By Representatives Wall of the 61st, Clark of the 55th, Smith of the 152nd, Morton of the 47th, Barnett of the 10th and others: A resolution applying to the Congress of the United States to call a convention for the purpose of proposing an amendment to the Constitution of the United States.

1836

JOURNAL OF THE SENATE

The House has disagreed to the Senate amendment to the following resolution of the House:
HR 567. By Representative Ross of the 82nd: A resolution compensating Miss Annie M. Peterson.
The House has disagreed to the Senate amendment to the following resolution 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.
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 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.
The Speaker has appointed on the part of the House, Representatives Benn of the 38th, Milford of the 13th and Crosby of the 150th.
The President announced that the Senate would stand in recess for the unveiling of the portrait of former Governor Lester Maddox pursuant to SR 491, previously adopted.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the Senate:
SB 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.
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.

THURSDAY, MARCH 6, 1986

1837

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 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.
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.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate:
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.
SB 112. By Senator Broun of the 46th:
A bill to amend Article 1 of Chapter 8 of Title 53 of the Official Code of Georgia Annotated, relating to investments authorized by law for fiduciaries, so as to au thorize fiduciaries to invest in and hold, in addition to other investments author ized by law, investment trusts registered under the Investment Company Act of 1940, provided that the portfolio of such fund, company, or trust is limited to classes of trust investments allowed by law.
Senator Walker of the 43rd introduced Mr. Leonidas Epps, who was commended by SR 450, adopted previously.
Senator Broun of the 46th introduced several people affiliated with the 1986 Babe Ruth Bambino World Series which will be hosted by the City of Commerce, Georgia, August 9 through 16, 1986, as recognized by SR 512, adopted previously.
The following resolution and bill of the House were taken up for the purpose of consid ering the House action thereon:
HR 517. By Representatives Wall of the 61st, Clark of the 55th, Smith of the 152nd and others:
A resolution applying to the Congress of the United States to call a convention for the purpose of proposing an amendment to the Constitution of the United States providing for a period of silent prayer.
Senator Kidd of the 25th moved that the Senate insist upon the Senate substitute to HR 517.

1838

JOURNAL OF THE SENATE

On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HR 517.

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.

Senator Kidd of the 25th moved that the Senate insist upon the Senate substitute to HB 1334.

On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 1334.

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

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 rilling 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.

The Conference Committee report on HB 1246 was as follows:

The Committee of Conference on HB 1246 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1246 be adopted.
Respectfully submitted,

FOR THE SENATE:
M Culver Kidd Senator, 25th District
/s/ Ed Barker Senator, 18th District
/s/ Floyd Hudgins Senator, 15th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Roy H. Wateon, Jr. Representative, 114th District
/s/ Thomas Kilgore Representative, 42nd District
/s/ Hugh Boyd Pettit III Representative, 19th District

Conference Committee substitute to HB 1246:

A BILL
To be entitled an Act 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 additional eligibility requirements for probate judges in certain counties; to change the provisions re lating to the filling of vacancies in the offices of the judge of probate court in certain coun ties; to provide that in counties where a chief clerk of the probate judge has been appointed, if such clerk meets the qualifications of office for probate judge, such chief clerk shall as sume the duties of the office of the judge of the probate court upon the death, resignation,

THURSDAY, MARCH 6, 1986

1839

incapacity, or inability of such judge; to provide for terms of service and compensation of chief clerks serving in the capacity of probate judges; to provide for elections to fill vacan cies; to provide authority for the appointment of chief clerks of the probate judges; to pro vide for the duties and authority of chief clerks of the probate judges; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, is amended by striking in its entirety subsection (a) of Code Section 15-9-4, relating to additional eligibility requirements for probate judges in certain counties, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) In all counties of this state having a population of more than 100,000 according to the United States decennial census of 1970 or any future such census, no person shall be judge of the probate court unless at the time of his election, in addition to the qualifications required by law, he has attained the age of 30 years and either has practiced law or partici pated in the writing or passage of law for three years preceding his election or has served for at least five years as a clerk of the probate court, which service has been continuous and immediately prior to his election as judge of the probate court."
Section 2. Said chapter is further amended by striking Code Section 15-9-11.1 in its entirety and inserting in lieu thereof a new Code Section 15-9-11.1 to read as follows:
"15-9-11.1. Notwithstanding the provisions of Code Sections 15-9-10 and 15-9-11, in any county in which a chief clerk of the probate judge has been appointed pursuant to Code Section 15-9-36 and said chief clerk meets all qualifications for the office of probate judge, the chief clerk of the probate judge shall assume the duties of the office of the judge of the probate court upon the death, resignation, incapacity, or inability of such judge of the pro bate court of any such county to serve. Such chief clerk of the probate judge shall serve until such time as the incapacity or inability of such judge is removed or until January 1 following the next succeeding general election, whichever occurs first. The chief clerk of the probate judge shall receive no additional compensation for performing the duties of such judge except in cases involving the death or resignation of such judge, in which case the chief clerk of the probate judge shall receive the same compensation, paid in the same man ner, as such judge would have received. If the next succeeding general election is not one at which county officers are elected and unless the incapacity or inability of such judge is re moved prior to such election, a duly qualified person shall be elected judge at a special election held at the same time as the general election. The person so elected shall take office on January 1 following such election and shall serve for the remainder of the unexpired term of office."
Section 3. Said chapter is further amended by striking Code Section 15-9-36 in its en tirety and inserting in lieu thereof a new Code Section 15-9-36 to read as follows:
"15-9-36. (a) The judges of the probate courts are, by virtue of their offices, clerks of their own courts; but they may, at their own expense, appoint one or more clerks, for whose conduct they are responsible, who hold their offices at the pleasure of the judge. The judges of the probate courts shall also have the authority to appoint one of their clerks as chief clerk of the probate judge unless otherwise provided by local law.
(b) The appointed clerks, including the chief clerk of the probate judge, may do all acts the judges of the probate courts could do which are not judicial in their nature and may act for judges of the probate courts in those cases in which they are authorized to act for the judge by Code Section 15-9-13. The chief clerk of the probate judge shall also have the authority prescribed in Code Section 15-9-11.1."
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Senator Kidd of the 25th moved that the Senate adopt the Conference Committee re port on HB 1246.

1840

JOURNAL OF THE SENATE

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen
BBrraannntl,oeyn Broun of 46th Brown of 47th Bryant Burton Coverdell Dawkins Deal Dean

English Engram Fincher Foster Garner Gillis Greene
Hianrens Holloway Horton Hudgins Huggins Kennedy Kidd Land Langford

McGill McKenzie Peevy Perry Phillips Ray Reddi8h
Sccott of 36th ", , , Stumbaugh Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Cobb Coleman

Harrison Howard

Scott of 2nd Tate

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1246.

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

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.

The House amendment was as follows:
Amend SB 292 by inserting on line 22 of Page 2 between "state" and the comma the following:
"or within this state and other states".

Senator Dawkins of the 45th moved that the Senate agree to the House amendment to SB 292.

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

THURSDAY, MARCH 6, 1986

1841

Burton Cobb Coverdell Dawkins Deal Dean Engram Fincher Foster Garner Gillis Greene

Horton Hudgins Muggins Kennedy Kidd Langford McGill McKenzie Peevy Perry Phillips Ray

Reddish Scott of 2nd Scott of 36th Sterr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Voting in the negative was Senator Hine.

Those not voting were Senators:

Coleman English Harris

Harrison Holloway

Howard Land

On the motion, the yeas were 48, nays 1; the motion prevailed, and the Senate agreed to the House amendment to SB 292.

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

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 House amendment was as follows:
Amend the Senate substitute to the House substitute to SB 340 by striking Section 2 and renumbering accordingly.

Senator Deal of the 49th moved that the Senate agree to the House amendment to the Senate substitute to the House substitute to SB 340.

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

Those voting in the affirmative were Senators:

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

Cobb Coverdell Deal Dean English Engram Fincher Foster Garner Gillis Greene

Harris Hine Holloway Horton Howard Hudgins Kennedy Kidd Langford McGill McKenzie

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JOURNAL OF THE SENATE

Peevy
P Reddish Scott of 2nd

Scott of 36th Starr Stumbaugh Tate Timmons

Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Bond Brannon Coleman

Dawkins Harrison

Huggins Land

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to the House substitute to SB 340.

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

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.

Senator Horton of the 17th moved that the Senate adhere to the Senate substitute to HB 1607, and that a Conference Committee be appointed.

On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 1607.

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

Senators Horton of the 17th, Allgood of the 22nd and Starr of the 44th.

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

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.

The Conference Committee report on HB 840 was as follows:

The Committee of Conference on HB 840 recommends that both the Senate and the

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1843

House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 840 be adopted.
Respectfully submitted,

FOR THE SENATE:
/a/ A. Quillian Baldwin Senator, 29th District
/s/ Harrill L. Dawkins Senator, 45th District
/s/ Richard L. Greene Senator, 26th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Wesley Dunn Representative, 73rd District
,/s/ Frank Home Representative, 103rd District
/s/ Frank C. Pinkston Representative, 100th District

Conference Committee substitute to HB 840:

A BILL
To be entitled an Act to amend Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mortgages, conveyances to secure debt, and liens, so as to provide that grantees of certain instruments evidencing a debt shall furnish to the clerk of superior court for recording the satisfaction or cancellation of such instruments; to provide that such cancellation shall be given to grantors or attorneys for grantors; to provide for costs; to provide for the method of cancellation of deeds to secure debt which apply to real property; to provide that such cancellation shall, in order to authorize the clerk of superior court to show the original instrument as canceled of record, be made by a cancellation on the face of the original deed to secure debt, by a conveyance from the record holder of the deed to secure debt, or by execution of another document when the original deed is lost, stolen, or otherwise mislaid; to provide that no clerk of superior court shall incur any liability to any person for canceling of record any security deed authorized to be canceled as provided above; to provide for a form; 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 14 of Title 44 of the Official Code of Georgia Annotated, relating to mortgages, conveyances to secure debt, and liens, is amended by striking in its entirety sub section (b) of Code Section 44-14-3, relating to furnishing of cancellations by a grantee upon payment, and inserting in its place a new subsection (b) to read as follows:
"(b) (1) Whenever the indebtedness secured by any instrument is paid in full, the grantee of the instrument, within 45 days of the date of the full payment, shall cause to be furnished to the clerk of the superior court of the county or counties in which the instru ment is recorded a legally sufficient satisfaction or cancellation to authorize and direct the clerk or clerks to cancel the instrument of record. The grantee shall further direct the clerk of the court to transmit to the grantor the original cancellation or satisfaction document at the grantor's last known address as shown on the records of the grantee. In the case of a revolving loan account, the debt shall be considered to be 'paid in full' only when the entire indebtedness including accrued finance charges has been paid and the lender or debtor has notified the other party to the agreement in writing that he wishes to terminate the agree ment pursuant to its terms.
(2) Notwithstanding paragraph (1) of this subsection, if an attorney at law remits the pay-off balance of an instrument to a grantee on behalf of a grantor, the grantee shall direct the clerk of the court to transmit to such attorney the original cancellation or satisfaction document.
(3) A grantee shall be authorized to add to the pay-off amount the costs of recording a cancellation or satisfaction of an instrument."

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Section 2. Said chapter is further amended by striking in its entirety Code Section 4414-67, relating to cancellation of conveyances to secure debts, and inserting in its place a new Code Section 44-14-67 to read as follows:
"44-14-67. (a) In all cases where property is conveyed to secure a debt, the surrender and cancellation of the deed, in the same manner as mortgages are canceled, on payment of the debt to any person legally authorized to receive the same, shall operate to reconvey the title of the property to the grantor or his heirs, executors, administrators, or assigns.
(b) In the case of a deed to secure debt which applies to real property, in order to authorize the clerk of superior court to show the original instrument as canceled of record, there shall be presented for recording:
(1) A cancellation upon the original security deed itself; or
(2) A conveyance from the record holder of the security deed, which conveyance is in the form of a quitclaim deed or other form of deed suitable for recording and which refers to the original security deed; or
(3) A cancellation as provided in subsection (c) of this Code section.
Any clerk of superior court who cancels of record any deed to secure debt in the manner authorized in this subsection shall be immune from any civil liability, either in his official capacity or personally, for so canceling of record such security deed.
(c) Cancellation of a security deed, the original of which has been lost, stolen, or other wise mislaid, may be made based upon a document executed by the record holder of the security deed and meeting the requisites for recordation, which document shall be in sub stantially the following form:
------------------ County, Georgia
The indebtedness referred to in that certain deed to secure debt from _________ to ------------------, dated --------------------, and of record in Deed Book ------------------, Page ------------------, in the office of the clerk of the Superior Court of _________ County, Georgia, having been paid in full and the undersigned being the present record holder and owner of such deed, the clerk of such superior court is authorized and directed to cancel that deed of record.
In witness whereof, the undersigned has set his hand and seal, this ------------------ day of __________, 19_.

Signed, sealed, and delivered on the date above shown

_ (SEAL) Signature

Unofficial Witness

Notary Public (SEAL)
My commission expires: ------------------"
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Senator Baldwin of the 29th moved that the Senate adopt the Conference Committee report on HB 840.
On the motion, a roll call was taken, and the vote was as follows:

THURSDAY, MARCH 6, 1986

1845

Those voting in the affirmative were Senators:

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

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

Langford McGill McKenzie Peevy Perry phmi R VAA "ed<*, OCi, Scott of 36th Tate Timmons Tolleson
Trulock Turner Walker

Those not voting were Senators:

Barker Coleman Dawkins

Horton Howard Scott of 2nd

Starr Stumbaugh Tysinger

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 840.

Senator Harris of the 27th introduced the 1986 Class AA State Championship Debate Team from Mary Persons High School and their coach, Ms. Diane Pahl, who were com mended by SR 493, adopted previously.

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

SB 112. By Senator Broun of the 46th:
A bill to amend Article 1 of Chapter 8 of Title 53 of the Official Code of Georgia Annotated, relating to investments authorized by law for fiduciaries, so as to au thorize fiduciaries to invest in and hold, in addition to other investments author ized by law, investment trusts registered under the Investment Company Act of 1940, provided that the portfolio of such fund, company, or trust is limited to classes of trust investments allowed by law.

The House substitute to SB 112 was as follows:

A BILL
To be entitled an Act to amend Article 1 of Chapter 8 of Title 53 of the Official Code of Georgia Annotated, relating to investments authorized by law for fiduciaries, so as to au thorize corporate fiduciaries to invest in and hold, in addition to other investments author ized by law, investment trusts registered under the Investment Company Act of 1940, pro vided that the portfolio of such fund, company, or trust is limited to classes of trust investments allowed by law; to provide for delivery of collateral; to provide for a constant net asset value or price per share; to provide that corporate fiduciaries shall not be relieved of any duty or liability under the prudent investor standard; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 8 of Title 53 of the Official Code of Georgia Annotated,

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relating to investments authorized by law for fiduciaries, is amended by adding a new Code Section 53-8-9 at the end of said article to read as follows:
"53-8-9. (a) Whenever an instrument or court order establishing a fiduciary relationship authorizes, permits, requires, or directs a corporate fiduciary with trust powers under Geor gia law to invest funds in direct and general obligations of the United States government, obligations unconditionally guaranteed by the United States government, or obligations of the agencies of the United States government enumerated in Code Section 53-13-54, such fiduciary may invest in and hold such obligations either directly or in the form of securities of or other interests in any open-end or closed-end management type investment company or investment trust registered under the Investment Company Act of 1940, as from time to time amended, so long as:
(1) The portfolio of such investment company or investment trust is limited to such obligations and repurchase agreements fully collateralized by such obligations;
(2) Such investment company or investment trust takes delivery of such collateral, ei ther directly or through an authorized custodian; and
(3) Such investment company or investment trust is operated so as to provide a con stant net asset value or price per share.
(b) Nothing contained in this Code section shall be construed as relieving any corporate fiduciary from any duty or liability it has under the prudent investor standard set forth in Code Sections 53-8-1 and 53-8-2."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Broun of the 46th moved that the Senate agree to the House substitute to SB 112.

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 Coverdell Deal

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

Land Langford McGill McKenzie Peevy Perry Phillips Ray Reddish Stumbaugh Tate Timmons Tolleson Trulock Turner Walker

Those not voting were Senators:

Coleman Dawkins Horton

Howard Scott of 2nd Scott of 36th

Starr Tysinger

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 112.

THURSDAY, MARCH 6, 1986

1847

Senator Howard of the 42nd introduced Dr. Charles Lechasney who was recognized by SR 510, adopted previously.
The following general bill of the Senate was taken up for the purpose of considering the House substitute thereto:
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 House substitute to SB 316 was as follows:
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 0.12 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 subsection (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;

THURSDAY, MARCH 6, 1986

1849

(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; and
(4) If there was at that time 0.12 percent or more by weight of alcohol in the person's blood, the person shall be in violation of paragraph (4) of subsection (a) of Code Section 527-12.
(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.

Senator Barnes of the 33rd moved that the Senate agree to the House substitute to SB 316.

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 Coverdell

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JOURNAL OF THE SENATE

Dawkins Deal Dean English Engram Fincher GFoasrtneerr
Gillis
Harris
Harrison Hine

Holloway Horton Hudgins Huggins Kennedy Land LMacnGgiflol rd
Peevy
Perry
Phillips Ray

Reddish Scott of 2nd Scott of 36th Starr Stumbaugh T T*o,,lleson
Trulock
Turner
Tysinger Walker

Those not voting were Senators:

Coleman Greene

Howard Kidd

McKenzie Timmons

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 316.

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

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

HR 567. By Representative Ross of the 82nd: A resolution compensating Miss Annie M. Peterson in the amount of $300.00.

Senator Dean of the 31st moved that the Senate insist upon the Senate amendment to HR 567.

On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate insisted upon the Senate amendment to HR 567.

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

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.

Senator Langford of the 35th moved that the Senate adhere to the Senate substitute to HB 1638, and that a Conference Committee be appointed.

On the motion, the yeas were 41, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 1638.

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

Senators Garner of the 30th, Engram of the 34th and Langford of the 35th.

THURSDAY, MARCH 6, 1986

1851

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
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.
The House substitute to SB 331 was as follows:
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 a certificate of title and a certifi cate of registration may be obtained for a motor vehicle which was not manufactured in compliance with federal emission and safety standards applicable to new motor vehicles upon submission of a certificate of conversion to the Department of Revenue that the motor vehicle has been modified to comply with such applicable federal standards; to provide for applicability; to provide for a warranty by the seller as to such conversion; to authorize the commissioner to issue a certificate of title for a motor vehicle upon the transfer of a motor vehicle under a will where the motor vehicle was the decedent's only asset and no applica tion for the administration of the estate of the deceased or the probate of such will has been made; to provide certain conditions; to provide procedures; to provide for affidavits and the form of the affidavit; 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 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking Code Section 40-2-25.1, relating to registration of motor vehicles not manufactured to comply with federal emission and safety standards applicable to new motor vehicles, in its entirety and inserting in lieu thereof a new Code Section 40-225.1 to read as follows:
"40-2-25.1. (a) No application shall be accepted and no certificate of registration shall be issued to any motor vehicle which was not manufactured to comply with federal emission and safety standards applicable to new motor vehicles as required by 42 U.S.C.A. Section 7401 through Section 7642, known as the 'Clean Air Act,' as amended, and as required by 15 U.S.C.A. Section 1381 through Section 1431, known as the 'National Traffic and Motor Safety Act,' as amended, unless and until the United States Customs Service or the United States Department of Transportation and the United States Environmental Protection Agency have certified that the motor vehicle complies with such applicable federal stan dards and unless all documents required by the Department of Revenue for processing an application for a certificate of registration or title are printed and filled out in the English language or are accompanied by an English translation; provided, however, that on and after July 1, 1986, the Department of Revenue shall accept a certificate of conversion that such motor vehicle has been brought into compliance with such federal standards under the same conditions as are acceptable to the United States Department of Transportation or the United States Environmental Protection Agency and shall not require any additional certifi cation of compliance from such federal agencies for issuance of a certificate of registration, provided that the Environmental Testing Facility is recognized by the Environmental Pro tection Agency and the Conversion Facility is recognized by the United States Department of Transportation.
(b) The provisions of subsection (a) of this Code section shall only apply to applications for certificates of registration for such motor vehicles first registered in Georgia after July 1, 1986. Certification of compliance shall only be required at the time of application for the issuance of the initial Georgia certificate of registration.

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(c) Applications for registration of such motor vehicles shall be accompanied by a Geor gia certificate of title, proof that an application for Georgia certificate of title has been prop erly submitted, or such other information and documentation of ownership as the commis sioner shall deem proper."
Section 2. Said title is further amended by striking Code Section 40-3-29.1, relating to requirement of compliance with federal emission and safety standards, in its entirety and inserting in lieu thereof a new Code Section 40-3-29.1 to read as follows:
"40-3-29.1. (a) In addition to the reasons set forth in Code Section 40-3-29, no applica tion shall be accepted and no certificate of title shall be issued to any motor vehicle which was not manufactured to comply with federal emission and safety standards applicable to new motor vehicles as required by 42 U.S.C.A. Section 7401 through Section 7642, known as the 'Clean Air Act,' as amended, and as required by 15 U.S.C.A. Section 1381 through Sec tion 1431, known as the 'National Traffic and Motor Safety Act,' as amended, unless and until the United States Customs Service or the United States Department of Transportation and the United States Environmental Protection Agency have certified that the motor vehi cle complies with such applicable federal standards and unless all documents required by the Department of Revenue for processing an application for a certificate of registration or title are printed and filled out in the English language or are accompanied by an English translation; provided, however, that on and after July 1, 1986, the Department of Revenue shall accept a certificate of conversion that such motor vehicle has been brought into com pliance with such federal standards under the same conditions as are acceptable to the United States Department of Transportation or the United States Environmental Protec tion Agency and shall not require any additional certification of compliance from such fed eral agencies for issuance of a certificate of title, provided that the Environmental Testing Facility is recognized by the Environmental Protection Agency and the Conversion Facility is recognized by the United States Department of Transportation.
(b) The provisions of subsection (a) of this Code section shall only apply to applications for certificates of title for such motor vehicles first titled in Georgia after July 1, 1986. Certi fication of compliance shall only be required at the time of application for the issuance of the initial Georgia certificate of title."
Section 3. Said title is further amended by adding at the end of Part 1 of Article 1 of Chapter 8, relating to equipment generally, a new Code Section 40-8-9 to read as follows:
"40-8-9. Any person who sells a motor vehicle which was not manufactured to comply with federal emission and safety standards applicable to new motor vehicles as required by 42 U.S.C.A. Section 7401 through Section 7642, known as the 'Clean Air Act,' as amended, and as required by 15 U.S.C.A. Section 1381 through Section 1431, known as the 'National Traffic and Motor Safety Act,' as amended, and who represents that such motor vehicle has been modified to bring it into compliance with such federal standards shall warrant in writ ing for a period of 90 days from the date of sale such modifications and that the modifica tions have been properly made and that such motor vehicle is in compliance with such standards."
Section 4. Said title is further amended by adding at the end of Code Section 40-3-33, relating to the transfer of vehicle by operation of law and the granting of a new certificate of title on such vehicle, a new subsection (e) to read as follows:
"(e) (1) In the event of transfer under a will when the motor vehicle was the decedent's only asset, upon receipt of an application for a new certificate of title accompanied by the required fee, the last certificate of title, if available, an affidavit by the applicant to the effect that the motor vehicle was owned by the decedent and was the decedent's only asset and was not encumbered, that under the will the applicant is entitled to receive title to such motor vehicle, that no application for the administration of the estate of the deceased or the probate of such will is to be had, and that the estate is not indebted and the surviving spouse, if any, and the heirs, if any, are sui juris and have amicably agreed that title to said

THURSDAY, MARCH 6, 1986

1853

vehicle be issued to the applicant, the commissioner shall issue to the person or persons shown by such evidence to be entitled thereto the certificate of title for the vehicle.
(2) The commissioner shall prescribe the form of the affidavit to be used in paragraph (1) of this subsection."
Section 5. All laws and parts of laws in conflict with this Act are repealed.

Senator Cobb of the 28th moved that the Senate agree to the House substitute to SB 331 as substituted by the following substitute:

A BILL
To be entitled an Act 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 authorize the commissioner to issue a certificate of title for a motor vehicle upon the transfer of a motor vehicle under a will where the motor vehicle was the decedent's only asset and no application for the administration of the estate of the deceased or the probate of such will has been made; to provide certain conditions; to provide procedures; to provide for affidavits and the form of the affidavit; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. 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, is amended by adding at the end thereof a new subsection (e) to read as follows:
"(e) (1) In the event of transfer under a will when the motor vehicle was the decedent's only asset, upon receipt of an application for a new certificate of title accompanied by the required fee, the last certificate of title, if available, and an affidavit by the applicant to the effect that the motor vehicle was owned by the decedent and was the decedent's only asset and was not encumbered, that under the will the applicant is entitled to receive title to such motor vehicle, that no application for the administration of the estate of the deceased or the probate of such will is to be had, and that the estate is not indebted and the surviving spouse, if any, and the heirs, if any, are sui juris and have amicably agreed that title to said vehicle be issued to the applicant, the commissioner shall issue to the person or persons shown by such evidence to be entitled thereto the certificate of title for the vehicle.
(2) The commissioner shall prescribe the form of the affidavit to be used in paragraph (1) of this subsection."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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

Those voting in the affirmative were Senators:

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

Coverdell Dawkins Deal Dean English Engram Fincher Foster Garner Gillis Harris Harrison

Hine Holloway Horton Hudgins Huggins Kidd Land Langford McGill Peevy Perry Phillips

1854

JOURNAL OF THE SENATE

Ray Reddish Scott of 2nd Scott of 36th

Starr Stumbaugh Tate Tolleson

Trulock Turner Tysinger Walker

Those not voting were Senators:

Albert Bond Coleman

Greene Howard Kennedy (presiding)

McKenzie Timmons

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House substitute as substituted by the Senate substitute to SB 331.

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

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.

Senator Cobb of the 28th moved that the Senate insist upon the Senate substitute to HB 1433.

On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 1433.

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

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 House amendments were as follows:
Amendment No 1:
Amend SB 348 by inserting on line 7 of Page 1 between "surveying;" and "to" the following:
"to provide exceptions;".
By inserting on line 22 of Page 1 between "surveying" and the period the following:
"; provided, however, that this subsection shall not apply to any county surveyor duly elected and holding office on June 30, 1986, so long as said person continues to hold the office of county surveyor".
Amendment No. 2:
Amend SB 348 by inserting after the word and symbol "surveying;" in line 7 on Page 1 the following:
"to allow certain county surveyors to qualify for certification and licensing;".

THURSDAY, MARCH 6, 1986

1855

By adding after the word "surveying" in line 22 on Page 1 the following:
"; provided, however, that any county surveyor who has a minimum of four years of surveying experience shall be eligible to take the land surveyor examination and eligible for certification as a land surveyor".

Senator Cobb of the 28th moved that the Senate agree to the House amendments to SB
348.

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 Coverdell

Dawkins English Engrain Fincher Garner Gillis Harris Harrison Hine Holloway Horton Hudgins Huggins Kidd Land

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

Those voting in the negative were Senators:

Deal Foster

Peevy

Tysinger

Those not voting were Senators:

Coleman Dean Greene

Howard Kennedy (presiding) McKenzie

Timmons Tolleson

On the motion, the yeas were 44, nays 4; the motion prevailed, and the Senate agreed to the House amendments to SB 348.

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

HR 662. By Representatives Martin of the 60th, Lee of the 72nd, Wood of the 9th, Russell of the 64th, Barnett of the 59th and others:
A resolution proposing an amendment to the Constitution so as to provide that no public authority which is authorized to construct, improve, or maintain any road or street on behalf of, pursuant to a contract with, or through the use of taxes or other revenues of a county or municipal corporation shall be created by any local Act or pursuant to any general Act nor shall any law specifically relat ing to any such authority be amended.

Senator Peevy of the 48th moved that the Senate recede from the Senate substitute to HR 662.

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JOURNAL OF THE SENATE

Senator Phillips of the 9th moved that the Senate insist upon the Senate substitute to HR 662.

On the motion offered by Senator Phillips of the 9th, which takes precedence, Senator Kennedy of the 4th, President Pro Tempore, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Brantley Burton Coverdell

Harrison Horton Land

Phillips Tolleson Tysinger

Those voting in the negative were Senators:

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

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

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

Those not voting were Senators:

Bond Greene

Kennedy (presiding) McKenzie

Timmons Turner

On the motion, the yeas were 10, nays 40; the motion was lost, and the Senate did not insist upon the Senate substitute to HR 662.

On the motion offered by Senator Peevy of the 48th, 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 Engram Fincher Foster Garner Gillis Harris Hine Holloway Horton Hudgins Huggins Kidd

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

THURSDAY, MARCH 6, 1986

1857

Those voting in the negative were Senators:

Albert Brannon Brantley Burton

Coverdell Harrison Land

Phillips Tolleson Tysinger

Those not voting were Senators:

Bond Greene Howard

Kennedy (presiding) McKenzie

Timmons Turner

On the motion, the yeas were 39, nays 10; the motion prevailed, and the Senate receded from the Senate substitute to HR 662.

Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced that the Senate would stand in recess from 1:12 o'clock P.M. until 2:15 o'clock P.M.

Senator Kennedy of the 4th, President Pro Tempore, called the Senate to order at 2:15 o'clock P.M.

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

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.

The House substitute to SB 339 was as follows:

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 certain persons when at a committal hearing the action is dismissed for want of probable cause and the magistrate finds that the complaint was unfounded and malicious; to provide exceptions; 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. 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 person who instigated the prosecution when, at a committal hearing, the action is dismissed for want of probable cause and the magistrate finds that the complaint was unfounded and malicious. This subsection shall not apply to law enforcement personnel."
Section 2. This Act shall become effective July 1, 1986, and shall apply to prosecutions commenced on or after said effective date.

1858

JOURNAL OF THE SENATE

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

Senator Deal of the 49th moved that the Senate agree to the House substitute to SB 339.

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

Those voting in the affirmative were Senators:

Albert Barnes Brannon Brown of 47th
rGUo5le*m"an Coverdell Dawkins Deal English

Engram Foster Gillis Harrig
Hine . Hudgms Huggins Land McGill

McKenzie Peevy Starr Stumbaugh
Tolleson
Trulock Turner Tysinger Walker

Those not voting were Senators:

Allgood Baldwin Barker Bond Bowen Brantley Broun of 46th Bryant Cobb

Dean Fincher Garner Greene Harrison Holloway Horton Howard Kidd

Langford Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Tate Timmons

On the motion, the yeas were 28, nays 0.

As provided for in Senate Rule 18, Senator Kennedy of the 4th, President Pro Tempore, who was presiding, voted "yea", therefore, making the final vote yeas 29, nays 0.

The motion prevailed, and the Senate agreed to the House substitute to SB 339.

The President resumed the Chair.

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

HB 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.
Senate Sponsor: Senator Hudgins of the 15th.

THURSDAY, MARCH 6, 1986

1859

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. Stevens, Director, Office of Planning and
Budget

DATE:

January 24, 1986

SUBJECT: Fiscal Note--House Bill 1362 (LC 17 0861) Sales Tax Exemption--Food Stamps

This Bill would exempt from sales and use taxation all sales transactions for which food stamps or WIC (Women, Infants, and Children) coupons are used as the medium of exchange. A WIC coupon is a voucher provided by the Department of Human Resources' Supplemental Food Program. Persons qualifying for the program through health and income assessments may purchase certain foods with the vouchers to supplement their diets.

According to the Department of Revenue, the state would lose $9,000,000 from food stamp and $1,080,000 from WIC coupon sales tax revenues, if the Bill passes. Loss in total local sales tax revenues from food stamps would be $3,394,000 and $407,000 from WIC coupons. These figures are based on ap proximately $300,000,000 in food stamp purchases and $36,000,000 in WIC coupon purchases in 1985.

/s/ G.W. Hogan State Auditor

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

The Senate Banking and Finance Committee offered the following amendment: Amend HB 1362 by striking from line 24 of Page 1 the following: "1986",
and substituting in lieu thereof the following: "1987".

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
Barnes Bond Bowen

Brannon Broun of 46th
Brown of 47th Bryant Burton

Coleman Coverdell
Dawkins Deal Engram

1860

JOURNAL OF THE SENATE

Foster Gillis Harris Harrison Holloway Hudgins Huggins

Kennedy Kidd Land McGill McKenzie Peevy Phillips

Starr Stumbaugh Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Baldwin Barker B/antley CDoebanb
English Fincher

Garner Greene Hme HHoowrtoarnd
Langford Perry

Ray Reddish gcott of 2nd 0Scott o,f 3,,6th,
Tate Timmons

On the passage of the bill, the yeas were 36, nays 0.

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

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

HB 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.

Senator Harris of the 27th moved that the Senate adhere to the Senate substitute to HB 1321, and that a Conference Committee be appointed.

On the motion, the yeas were 30, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 1321.

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

Senators Harris of the 27th, Coverdell of the 40th and Howard of the 42nd.

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

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.
Senate Sponsor: Senator Kidd of the 25th.

THURSDAY, MARCH 6, 1986

1861

The Senate Committee on Governmental Operations offered the following substitute to HB 1501:
A BILL
To be entitled an Act 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 determina tion of the occurrence of the vacancy; to require notice of such action in certain cases; to provide for procedures for the resignations of senators and representatives of the State of Georgia in the United States Congress and all state, county, and municipal officers; to pro vide for the specific repeal of certain provisions relating to the resignation of a member of a county board of education or a county school superintendent; to provide for all related mat ters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 5 of Title 45 of the Official Code of Georgia Annotated, relating to vacancies in public offices, is amended by striking Code Section 45-5-1, relating to vacation of office, and inserting in its place a new Code section to read as follows:
"45-5-1. (a) All offices in the state shall be vacated:
(1) By the death of the incumbent;
(2) By resignation, when accepted;
(3) By decision of a competent tribunal declaring the office vacant;
(4) By voluntary act or misfortune of the incumbent whereby he is placed in any of the specified conditions of ineligibility to office;
(5) By the incumbent ceasing to be a resident of the state or of the county, circuit, or district for which he was elected;
(6) By failing to apply for and obtain commissions or certificates or by failing to qualify or give bond, or both, within the time prescribed by the laws and Constitution of Georgia; or
(7) By abandoning the office or ceasing to perform its duties, or both.
(b) Upon the occurrence of a vacancy in any office in the state, the officer or body authorized to fill the vacancy or call for an election to fill the vacancy shall do so without the necessity of a judicial determination of the occurrence of the vacancy. Before doing so, however, the officer or body shall give at least ten days' notice to the person whose office has become vacant, except that such notice shall not be required in the case of a vacancy caused by death, final conviction of a felony, or written resignation. The decision of the officer or body to fill the vacancy or call an election to fill the vacancy shall be subject to an appeal to the superior court; and nothing in this subsection shall affect any right of any person to seek a judicial determination of the eligibility of any person holding office in the state. The provi sions of this subsection shall apply both to vacancies occurring under this Code section and to vacancies occurring under other laws of this state."
Section 2. Said chapter is further amended by striking Code Section 45-5-5, relating to when resignations are to be made to the Governor, which reads as follows:
"45-5-5. The resignations of Georgia's senators and representatives in the United States Congress, members of the General Assembly, and of all officers whose commissions are is sued from the office of Secretary of State or the office of the Governor and whose places may be filled by executive appointment shall be made to the Governor.",
and inserting in its place a new Code Section 45-5-5 to read as follows:
"45-5-5. (a) The resignations of all state and county officers and senators and represent atives of the State of Georgia in the United States Congress shall be made to the Governor.

1862

JOURNAL OP THE SENATE

If the resignation is from an office which may not be filled by executive appointment of the Governor, the Governor shall, upon receiving the resignation, promptly notify the appropri ate official of the state or county to fill the vacancy or to initiate the process for filling the vacancy according to law.
(b) The resignations of municipal officers shall be made to the governing authority of the municipality who shall fill the vacancies in accordance with law."
Section 3. Code Section 20-2-54 of the Official Code of Georgia Annotated, relating to the resignation of a member of a county board of education or a county school superinten dent, which reads as follows:
"20-2-54. When any member of a county board of education or a county school superin tendent resigns, his resignation shall be tendered in writing to the county board of education.",
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 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
nBrounnonff ^46ith. Brown of 47th Bryant Burton Cobb Coleman Coverdell Dawkins

Deal Dean English Engram Foster Garner
G,,illis. "arrls Hlne Hudgins Huggins Kennedy Kidd Land

Those not voting were Senators:

Barnes Brantley Fincher Greene Harrison

Holloway Horton Howard Langford

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

McGill McKenzie Peevy Phillips Ray Reddish
Sc c. ott of 36th fterr Stumbaugh Tolleson Trulock Turner Tysinger Walker
Perry Scott of 2nd Tate Timmons

THURSDAY, MARCH 6, 1986

1863

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

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.
Senate Sponsor: Senator Dawkins of the 45th.
The Senate Committee on Industry and Labor offered the following amendment: Amend HB 1723 by striking the quotation marks at the end of line 17 of Page 3. By adding between lines 17 and 18 the following: "(f) Casual sales between individuals for the sole purpose of sharing entertainment will not constitute a violation of this Code section.'"
On the adoption of the amendment, the yeas were 0, nays 36, and the amendment was lost.
Senator Dawkins of the 45th offered the following amendment: Amend 1723 by striking the quotation marks at the end of line 17 on Page 3. By adding between lines 17 and 18 the following: "(f) Casual sales which are not to the general public and which are between family or friends for the sole purpose of sharing entertainment will not constitute a violation of this Code section.'"
On the adoption of the amendment, the yeas were 36, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to 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 Brannon Broun of 46th Brown of 47th Bryant Burton Coleman Dawkins Dean English

Engram Foster Garner Gillis Harris Harrison Hine Holloway Hudgins Muggins Kennedy Kidd Land McGill

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

1864

JOURNAL OF THE SENATE

Those not voting were Senators:

Barker
Bond Brantley Cobb Coverdell

Deal
Fincher Greene Horton Howard

Langford Perry
late Timmons

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 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.
Senate Sponsor: Senator Baldwin of the 29th.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker BalTM8
ond Broawnennon Brown of 47th Brvant Burton Coleman Coverdell Dean English Engram

Foster Garner Gillis Greene Harris
Harrison H,,in..e Holloway Howard Hudgins Huggins Kennedy Kidd Land McGill

Those not voting were Senators:

McKenzie Peevy Perry Phillips Ray
Scott of 2nd S0 c. ott of 36th Starr Stumbaugh Timmons Tolleson Trulock Turner Tysinger Walker

Brantley Broun of 46th Cobb Dawkins

Deal Fincher Horton

Langford Reddish Tate

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

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

THURSDAY, MARCH 6, 1986

1865

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has disagreed to the Senate amendment to the following bill of the House:
HB 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.
The House has agreed to the Senate amendments to the following bills of the House:
HB 328. By Representative Ross of the 82nd: A bill to amend Code Section 20-2-102 of the Official Code of Georgia Annotated, relating to the qualifications of county school superintendents, so as to com pletely revise and provide for the qualifications of county and independent school superintendents.
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.
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.
The House has agreed to the Senate substitute to the following bills of the House:
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 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.

1866

JOURNAL OF THE SENATE

HB 1257. By Representative Dobbs of the 74th: A bill to amend Code Section 40-8-6 of the Official Code of Georgia Annotated, relating to altering the suspension system of certain motor vehicles operated on public streets or highways, so as to provide that it shall be unlawful to alter the suspension system of trucks, which may be operated on public streets or high ways, more than two inches above or below the factory recommendation for such trucks.
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 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.
The House has disagreed to the Senate amendment to the following resolution of the House:
HR 593. By Representative Johnson of the 76th: A resolution compensating Wyman Nail, Jr. and Rhonda Nail.
The following bill of the House was taken up for the purpose of considering the House action thereon:
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.
Senator Kidd of the 25th moved that the Senate adhere to the Senate substitute to HB 1177, and that a Conference Committee be appointed.
On the motion, the yeas were 38, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 1177.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Kidd of the 25th, Dawkins of the 45th and Phillips of the 9th.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
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-

THURSDAY, MARCH 6, 1986

1867

uiaite to an override by a governing authority of the recommendation by the planning and development commission.
The House substitute to SB 317 was as follows:
A BILL
To be entitled an Act 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 copies of rules and regulations to be submitted to the General Assembly; to require a finding from the director of the Environmental Protection Division as a prerequisite to an override by a governing authority of the recommendation by the planning and development commission; to provide that the director shall follow the purposes set forth in the law and the plan in making such a finding; to provide for appeals from certain findings of the direc tor; 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 6 of Article 5 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to protection of metropolitan rivers, is amended by striking paragraph (3) of Code Section 12-5-443, relating to land and water use plans and rules and regulations of area and metropolitan area planning and development commissions, and inserting in lieu thereof a new paragraph (3) to read as follows:
"(3) Make such rules and regulations as may be necessary to implement the purposes of this part and to administer and implement this part and all rules, regulations, and orders promulgated under this part. A copy of any rules and regulations promulgated pursuant to this paragraph by a metropolitan area planning and development commission created pur suant to Article 4 of Chapter 8 of Title 50 shall be provided to the Georgia Senate Natural Resources Committee and the Georgia House of Representatives Natural Resources and En vironment Committee; and".
Section 2. Said part is further amended by striking Code Section 12-5-445, relating to applications for certificates, in its entirety and inserting in lieu thereof a new Code Section 12-5-445 to read as follows:
"12-5-445. (a) After receipt of a complete application for a certificate, the governing authority shall transmit to the commission a copy of such complete application and all sup porting documents.
(b) (1) If, from the application or from its own investigation, the commission finds that there are inconsistencies between the plan and the land-disturbing activity proposed by the application, the commission may do any one of the following:
(A) Recommend modification of the application in such manner as to be consistent with the plan;
(B) Make a finding that the application, while not consistent with the plan in all re spects, will provide a level of land and water resource protection equivalent to an applica tion consistent with the plan; or
(C) Recommend modification of the application in such manner that the application as so modified, while not consistent with the plan in all respects, will provide a level of land and water resource protection equivalent to an application consistent with the plan.
(2) If the commission fails to recommend modification of the application within 60 days from submission of such application to the commission and if the governing authority makes a specific finding that the application is consistent with the plan or makes a specific finding that the application, while not consistent with the plan in all respects, will provide a level of land and water resource protection equivalent to an application consistent with the plan, the governing authority shall be deemed to have complied with this Code section and may issue the certificate.

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JOURNAL OF THE SENATE

(c) In any case where the commission has recommended modification of an application, the governing authority may:
(1) Adopt such recommendation, incorporate it as a condition of the certificate, and issue a certificate with such conditions, in which case any land-disturbing activity under the certificate must be strictly in accordance with the recommendation so incorporated;
(2) After making a specific finding that the application is in compliance with the plan or a specific finding that the application, while not consistent with the plan in all respects, will provide a level of land and water resource protection equivalent to an application consistent with the plan, override such recommendation by affirmative vote of a two-thirds' majority of the full membership of the governing body; however, such action by the governing authority is not final unless and until the governing authority:
(A) Following the affirmative vote to override, holds a second public hearing on the application and the proposed override of the commission's recommendation, after giving public notice and after mailing notice to the applicant and to the commission at least five days prior to the hearing;
(B) Gives full consideration to all comments made at the second public hearing;
(C) Obtains from the director a written finding that the application is consistent with the plan or, while not consistent with the plan in all respects, will provide a level of land and water resource protection equivalent to an application consistent with the plan; and
(D) Reaffirms the vote to override the commission's recommendation by affirmative vote of a two-thirds' majority of the full membership of the governing authority, after again making a specific finding that the application is in compliance with the plan or a specific finding that the application, while not consistent with the plan in all respects, will provide a level of land and water resource protection equivalent to an application consistent with the plan; or
(3) Request reconsideration of such recommendation by the commission at a public hearing.
If the governing authority fails to take action under either paragraph (1), (2), or (3) of this subsection within 45 days after the submission of the recommendation of the commis sion to the governing authority, the certificate shall not be issued. Where a public hearing is requested under this subsection, such public hearing shall be held by the commission within 30 days after receipt of such request. Notice stating the time and place of the public hearing shall be mailed at least five days prior to the hearing to the governing authority and to the applicant and public notice shall be given. The commission shall make its final determina tion with respect to such recommendation within 30 days after such public hearing. The request for a public hearing under this subsection may be made by the applicant or by the governing authority involved.
(d) (1) In making the findings required by subsection (b) or by paragraph (2) of subsec tion (c) of this Code section, the commission, the governing authority, and the director shall follow the purposes set forth in this part and the goals set forth by the plan, as amended.
(2) Any finding by the director under paragraph (2) of subsection (c) of this Code sec tion shall be appealable under Chapter 13 of Title 50, known as the 'Georgia Administrative Procedure Act,' as are final decisions in contested cases."
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 Barnes of the 33rd moved that the Senate agree to the House substitute to SB 317.

THURSDAY, MARCH 6, 1986

1869

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin
rann.on Brantley BBrroowunn ooff 4467tthh Bryant Burton Coleman Coverdell Dawkins Dean

English Engram Foster Garner Gillis Greene Harris ffi
Holloway Howard Hudgins Huggins Kennedy Kidd Land

McGill McKenzie Peevy Perry Phillips Ray Reddish ^ { 36th
Starr Stumbaugh Timmons Tolleson Trulock Turner Walker

Those not voting were Senators:

Bond Cobb Deal Fincher

Harrison Horton Langford

Scott of 2nd Tate Tysinger

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 317.

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

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.

Senator Barnes of the 33rd moved that the Senate insist upon the Senate substitute to HB 1367.

On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 1367.

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

SB 550. 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, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act ap proved March 27, 1985 (Ga. L. 1985, p. 4508), so as to change the compensation of the clerk and the chief deputy clerk of the State Court of Cobb County.

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JOURNAL OF THE SENATE

The House amendment was as follows:
Amend SB 550 by striking the figure "$32,500.00" on line 15 of Page 1 and inserting in its place the figure $$35,200.00".
By striking the figure "$34,125.00" on line 21 of Page 1 and inserting in its place the figure "$36,960.00".

Senator Barnes of the 33rd moved that the Senate agree to the House amendment to SB 550.

On the motion, the yeas were 40, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 550.

The following resolutions and bills of the House were taken up for the purpose of con sidering the House action thereon:

HR 593. By Representative Johnson of the 76th:
A resolution compensating Wyman Nail, Jr., and Rhonda Nail in the amount of $2,045.60.

Senator Dean of the 31st moved that the Senate insist upon the Senate amendment to HR 593.

On the motion, the yeas were 40, nays 0; the motion prevailed, and the Senate insisted upon the Senate amendment to HR 593.

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.

Senator Dean of the 31st moved that the Senate insist upon the Senate amendment to HR666.

On the motion, the yeas were 40, nays 0; the motion prevailed, and the Senate insisted upon the Senate amendment to HR 666.

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.

Senator Reddish of the 6th moved that the Senate recede from the Senate amendment to HR 585.

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bond Bowen Brannon

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

Dawkins Dean Engram Foster Garner Gillis Greene

THURSDAY, MARCH 6, 1986

1871

Harris Mine Holloway

McKenzie Peevy Perry

Stumbaugh Timmons Tolleson

Kennedy Kidd McGill

Ray Reddish Scott of 36th

Turner Tysinger Walker

Those not voting were Senators:

Barker DCCooeabblbb English
Fincher

Harrison Horton
Howard Land

Langford Scott of 2nd
Starr Tate

On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate receded from the Senate amendment to HR 585.

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.

Senator Phillips of the 9th moved that the Senate adhere to the Senate substitute to HB 1858, and that a Conference Committee be appointed.

On the motion, the yeas were 41, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 1858.

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

Senators Phillips of the 9th, Peevy of the 48th and Walker of the 43rd.

HB 1352. By Representative Selraan 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.

Senator Greene of the 26th moved that the Senate adhere to the Senate substitute to HB 1352, 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 1352.

The President appointed as a Conference Committee on the part of the Senate the following:
Senators Greene of the 26th, Garner of the 30th and Trulock of the 10th.

1872

JOURNAL OF THE SENATE

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:
HB 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.
Senate Sponsor: Senator Greene of the 26th.
Senator Barnes of the 33rd offered the following substitute to HB 1644:
A BILL
To be entitled an Act to amend Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts, so as to change certain fees and costs in certain civil and criminal actions and proceedings; to provide for the payment of these costs; to provide for the hours of operation of the office of clerk of the superior court; to amend Code Section 9-15-4 of the Official Code of Georgia Annotated, relating to deposits prior to filing, so as to change certain references to certain fees; to amend Chapter 9 of Title 11 of the Official Code of Georgia Annotated, relating to secured transactions, so as to change certain references to certain fees; to amend Code Section 40-5-53 of the Official Code of Georgia Annotated, re lating to the courts' responsibility for forwarding traffic convictions, so as to provide that the clerks of any court forwarding a record of a conviction shall retain as additional com pensation any fee paid by the state for such report; to amend Code Section 44-14-142 of the Official Code of Georgia Annotated, relating to recording affidavits, so as to change certain references to certain fees; 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 15 of the Official Code of Georgia Annotated, relating to superior courts, is amended by striking subsection (b) of Code Section 15-6-77, relating to fees in superior court, which reads as follows:
"(b) Fees in civil cases:
(1) Before filing any civil case or proceeding, in accordance with Code Section 9-15-4, a deposit of ..........................$ 20.00
The deposit required by this paragraph shall be the total deposit collectable by the clerk for filing any civil case or proceeding. Such deposit shall not be required if the party desiring to file such case or proceeding is unable, because of his indigence, to pay such deposit and such party files with the clerk an affidavit to such effect, as provided by law. Nothing contained in this paragraph shall be deemed to require such deposit of the state, its agencies, or political subdivisions.
(2) Filing and docketing actions, complaints, or motion ........... 4.00
(3) Copying and issuing process or summons ..................... 4.00
(4) Each copy after first copy .................................. 2.00
(5) Entering verdict or judgment on dockets ..................... 2.00

THURSDAY, MARCH 6, 1986

1873

(6) Filing all pleadings and instruments subsequent to any complaint in any case, each ......................................... 1.00
(7) Writ of partition of land and recording proceedings in case . . . . 10.00
(8) Validation and confirmation of revenue bonds pursuant to Code Section 36-82-79, first 500 bonds, each ..................... 1.00
All bonds over 500, each .................................... .50
(9) Issuing certificate of adoption under seal of the court pursuant to Code Section 19-8-15 ..................................... 2.00
(10) Recording proceedings in all cases of habeas corpus, per page . . 1.50
(11) For performing the duties required of them in all cases of trover, regardless of the amount involved in such actions, the clerks shall receive the same fees as in other civil cases.
(12) In addition to all other legal costs charged and collected in each civil action, case, or proceeding, in accordance with subsection (a) of Code Section 47-14-51, the sum of ................... 1.00",
and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Fees in civil cases:
(1) (A) As used in this paragraph, the term 'domestic civil cases' means divorce cases, alimony cases, annulment cases, and separate maintenance cases, and any modification of decree in any such cases.
(B) Except as provided in Code Section 15-6-77.2, Code Section 15-6-77.3, and Code Section 47-14-51, the total costs for all services rendered by the clerk of superior court in domestic civil cases shall be $40.00, plus $8.00 for each party other than the original plaintiff and defendant.
(2) Except as provided in Code Section 15-6-77.2, Code Section 15-6-77.3, Code Section 47-14-51, and paragraphs (1) and (5) of this subsection, the total costs for all services ren dered by the clerk of superior court in civil cases shall be $55.00, plus $8.00 for each party other than the original plaintiff and defendant.
(3) Nothing contained in this subsection shall be construed so as to prohibit the collec tion of any other costs authorized by law for postjudgment proceedings or for any other services which the clerk or the sheriff shall perform. Nothing contained in Code Section 156-77 or this Code section shall be construed to affect in any way the power and authority of the superior courts from taxing costs in accordance with law, but no costs shall be refunded by the clerk unless and until the same have been paid to the clerk by the losing party.
(4) The sums specified in this subsection shall be collected by the clerk at the time of filing of any civil case or proceeding. Such sum shall not be required if the party desiring to file such case or proceeding is unable, because of his indigence, to pay such sum and such party files with the clerk an affidavit to such effect, as provided by law. Nothing contained in this subsection shall be deemed to require such sum of the state, its agencies, or political subdivisions.
(5) In all cases involving condemnations or the validation and confirmation of revenue bonds pursuant to Code Section 36-82-79, the fees shall be:
(A) Filing and docketing actions, complaints, or motions .................$ 4.00
(B) Copying and issuing process or summons............................ 4.00
(C) Each copy after first copy ......................................... 2.00
(D) Entering verdict or judgment on dockets ............................ 2.00
(E) Filing all subsequent pleadings and instruments ................. 1.00

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JOURNAL OF THE SENATE

(F) Validation and confirmation of revenue bonds pursuant to Code Section 36-82-79, first 500 bonds, each ................................... 1.00
All bonds over 500, each........................................... .50
(G) Recording on final record, per page ................................. 1.50"

Section 2. Said chapter is further amended by striking subsections (c) through (f) of Code Section 15-6-77, relating to fees in superior court, and inserting in lieu thereof new subsections (c) through (f) to read as follows:

"(c) Fees for filing and recording documents, instruments, etc., pertaining to property:

(1) Recording and returning to sender all instruments pertaining to real estate, and deeds of trust or amendments thereto, in accordance with Code Section 53-12-52, first page ........

$ 4.50

Each page, after the first ................................

2.00

(2) Recording cancellations of deeds, mortgages, and writs of fieri

facias, each ...........................................

2.50

(3) Recording maps or plats .................................

5.00

The fee charged for recording maps and plats shall include the fee required by Code Section 47-14-51.

(4) Filing and indexing financing statements, or any amendment

thereto, and for stamping a copy furnished by the secured

party to show the date and place of filing for an original or a

continuation statement, as provided in Code Section 11-9-

403, first page.........................................

5.00

Each page, after the first ................................

1.00

No fee shall be charged for filing a termination of a financing statement, as provided in Code Section 11-9-404, when the original financing statement was filed subsequent to July 1, 1981. No fee shall be charged for filing an assignment that is indicated on the original financing statement, as provided in Code Section 11-9-405.

(5) Filing and indexing release of collateral, as provided in Code

Section 11-9-406, filing and indexing an assignment of se

curity interest, as provided in Code Section 11-9-405(2), and

filing of succeeding continuation statement, as provided in

Code Section 11-9-403(3), first page .....................

5.00

Each page, after the first ................................

1.00

(6) Providing copy of any document filed under Article 9 of Title

11, per page ..........................................

1.00

(7) Entering cross-reference in real property index, per entry . . .

1.00

(8) Filing affidavit to extend lien as required in Code Section 44-

14-142, relating to the extension of a lien on personal prop

erty liens .............................................

2.00

(d) Miscellaneous fees:

(1) Recording any instrument or writing, fee not otherwise speci fied, first page ........................................

$ 4.50

Each page, after the first ................................

2.00

(2) Certification or exemplification of record, per page .........

.50

THURSDAY, MARCH 6, 1986

1875

(3) Clerk's certificate........................................
(4) Court's seal.............................................
(5) Issuing certificates of appointment and reappointment to no taries public, as provided by Code Section 45-17-4 .......
(6) Registering and filing trade names pursuant to Code Section 10-1-490..............................................
(7) The clerk shall not charge a fee for recording discharge certifi cates of veterans, as provided in Code Section 15-6-78.
(8) Filing and indexing each notice of lien or certificate or notice affecting the tax lien, in accordance with Code Section 4414-574:
(A) Tax lien on real or personal property ............
(B) Certificate of discharge or subordination ..............
(C) All other notices, including a certificate of release or nonattachment ...................................
(9) Filing written information of gas companies in accordance with Code Section 25-9-4, a fee per page of..............
(10) Issuing certificate of pending or unsatisfied judgment, as pro vided in Code Section 40-9-40 ..........................
(11) No fee shall be charged for the issuance of license to practice law.
(12) Filing incorporation proceedings:
(A) Articles of incorporation ............................
(B) Articles of amendment..............................
(C) Restated article ....................................
(D) Merger ............................................
(E) Dissolution ........................................
(F) Involuntary dissolution
(G) Consolidation and merger ...........................
(H) Certificate of election to dissolve.....................
(I) Order approving change of principal office ............
(J) Articles of incorporation as required by Chapter 2 of Ti tle 14, the 'Georgia Business Corporation Code,' and by Code Section 46-5-100 .........................
(13) Filing lien on offspring of livestock in accordance with Code Section 44-14-511 .....................................
(14) Filing hospital lien, each page ............................
(15) Filing lis pendens, each page ............................
(e) Fees in quasi-civil and criminal cases:
(1) Issuing writ of fieri facias ................................
(2) Entering writ of fieri facias on general execution docket ....
(3) Issuing subpoena or summons to witness ..................

1.00 1.00 8.00 5.00
2.00 2.00 2.00 1.00 1.00
20.00 20.00 20.00 20.00 20.00 no fee 20.00 20.00 no fee
20.00 .25 2.00 2.00
$ 3.00 2.00 1.00

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JOURNAL OF THE SENATE

(4) Furnishing and certifying any process, order, etc., for publica tion ..................................................
(5) Providing uncertified photocopies of documents in clerk's of fice, per page .........................................
(6) Preparation of record and transcript to the Supreme Court and Court of Appeals, per page .........................
Where a transcript of the evidence and proceedings is filed with the clerk and does not require recopying, the clerk shall not receive the fee herein prescribed with respect to such transcript, but shall receive, for filing and transmission of such transcript, a fee of .............................
(7) Entering remittitur from Supreme Court or Court of Appeals
(8) Issuing jury script or check, each .........................
(9) For each day of service in attendance upon the courts ......
The per diem attendance upon the courts shall be paid from the treasury of the respective counties of this state only to clerks who are on a fee system of compensation.
(10) For performing the duties required of them by Article 2 of Chapter 2 of Title 44, the clerks shall receive the same fees as in other civil cases.
(11) For performing the duties required of them by Article 1 of Chapter 9 of Title 14, the 'Uniform Limited Partnership Act,' the clerks shall receive the same fees as in other civil cases.
(f) Fees in criminal cases:
(1) Entering and docketing bills of indictment, presentments, nobills, accusations, indictments, and accusation record ...
(2) Service in cases where the defendant is tried, pleads guilty or there is a settlement...................................
(3) Service in entering and docketing bills of indictment or pre sentments on minutes in cases of nolle prosequi..........
(4) Issuing and mailing first notice of arraignment pursuant to Code Section 17-7-91 ..................................
(5) Affidavit of custodian, filing, and transmittal pursuant to Code Section 17-10-12 ......................................
(6) Preparation and transmission of defendant's personal history and related documents, as provided in Code Section 42-5-50
(7) Preparation and transmission of documents to superior court sentence review panel in accordance with Code Section 1710-6, first copy, per page ...............................
Subsequent copies, per page..............................
(8) Preparation and furnishing copy of the record of appeal in criminal cases where accused was convicted of capital fel ony, in accordance with Code Section 5-6-43, per page ...
Clerk's certificate........................................
The clerk shall not receive compensation for the transcript of evidence and proceedings."

2.00 .25 1.50
5.00 1.00 .30 50.00
3.00 10.00 5.00 1.00 1.00 5.00 1.50
.50 1.50 1.00

THURSDAY, MARCH 6, 1986

1877

Section 3. Said chapter is further amended by adding at the end thereof a new Code Section 15-6-93 to read as follows:
"15-6-93. (a) Except as provided in this Code section, the office of each clerk of the superior court shall be open to conduct business Monday through Friday from at least 9:00 A.M. until 5:00 P.M. and shall not close for any period of time during such hours.
(b) Any office of a clerk of a superior court which is open for operation on Saturday may close on one day Monday through Friday for a period of time equal to that period of time during which the office is open on Saturday. Nothing in this Code section shall be construed as requiring any office of a clerk of a superior court to be open on any public and legal holiday or day of rest which is recognized and designated as such by Georgia law or by the governing authority of the county.
(c) This Code section shall only apply to the office of a clerk of a superior court if there is employed in that office at least one employee other than the clerk."
Section 4. Code Section 9-15-4 of the Official Code of Georgia Annotated, relating to deposits prior to filing, is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) A clerk of the superior court shall not be required to file any civil case or proceed ing until the fee required by Code Section 15-6-77 and Code Section 15-6-77.2, relating to fees of clerks of the superior courts, has been paid to the clerk. The fee shall not be required if the party desiring to file the case or proceeding is unable because of his indigence to pay the fee and the party files with the clerk an affidavit to such effect."
Section 5. Chapter 9 of Title 11 of the Official Code of Georgia Annotated, relating to secured transactions, is amended by striking paragraph (5) of Code Section 11-9-403, relat ing to filing, in its entirety and inserting in lieu thereof a new paragraph (5) to read as follows:
"(5) The uniform fee for filing and indexing and for stamping a copy furnished by the secured party to show the date and place of filing for an original or a continuation statement shall be as required by Article 2 of Chapter 6 of Title 15."
Section 6. Said chapter is further amended by striking Code Section 11-9-405, relating to assignments, and inserting in lieu thereof a new Code Section 11-9-405 to read as follows:
"11-9-405. (1) A financing statement may disclose an assignment of a security interest in the collateral described in the financing statement by indication in the financing state ment of the name and address of the assignee or by an assignment itself or a copy thereof on the face or back of the statement. On presentation to the filing officer of such a financing statement the filing officer shall mark the same as provided in Code Section 11-9-403(4). The uniform fee for filing, indexing, and stamping a copy of a financing statement so indi cating an assignment shall be as required by Article 2 of Chapter 6 of Title 15.
(2) A secured party may assign of record all or part of his rights under a financing statement by the filing in the place where the original financing statement was filed of a separate written statement of assignment signed by the secured party of record and setting forth the name of the secured party of record and the debtor, the file number and the date of filing of the financing statement, and the name and address of the assignee and contain ing a description of the collateral assigned. A copy of the assignment is sufficient as a sepa rate statement if it complies with the preceding sentence. On presentation to the filing of ficer of such a separate statement, the filing officer shall mark such separate statement with the date and hour of the filing. He shall note the assignment on the index of the financing statement, and in the case of a fixture filing, or a filing covering crops growing or to be grown, or covering minerals, or the like (including oil and gas or accounts subject to subsec tion (5) of Code Section 11-9-103), he shall index the assignment under the name of the assignor as grantor in the real estate records. The uniform fee for filing, indexing, and stamping a copy of such a separate statement of assignment shall be as required by Article 2 of Chapter 6 of Title 15.

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JOURNAL OF THE SENATE

(3) After the disclosure or filing of an assignment under this Code section, the assignee is the secured party of record."
Section 7. Said chapter is further amended by striking Code Section 11-9-406, relating to release of collateral, and inserting in lieu thereof a new Code Section 11-9-406 to read as follows:
"11-9-406. A secured party of record may by his signed statement release all or a part of any collateral described in a filed financing statement. The statement of release is sufficient if it contains a description of the collateral being released, the name and address of the debtor, the name and address of the secured party, and the file number of the financing statement. A statement of release signed by a person other than the secured party of record must be accompanied by a separate written statement of assignment signed by the secured party of record and complying with subsection (2) of Code Section 11-9-405, including pay ment of the required fee. Upon presentation of such a statement of release to the filing officer he shall mark the statement with the hour and date of filing and shall note the same upon the margin of the index of the filing of the financing statement. The uniform fee for filing and noting such a statement of release shall be as required by Article 2 of Chapter 6 of Title 15."
Section 8. Said chapter is further amended by striking paragraph (1) of Code Section 11-9-407, relating to information for filing, and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) Upon request the filing officer shall furnish a copy of any filed financing statement or statement of assignment for a uniform fee as required by Article 2 of Chapter 6 of Title 15, provided that the person requesting such copy shall furnish to the filing officer the file number of the statement requested."
Section 9. Code Section 40-5-53 of the Official Code of Georgia Annotated, relating to the courts' responsibility for forwarding traffic convictions, is amended by striking subsec tion (b) thereof and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Every court having jurisdiction over offenses committed under this chapter or any other law of this state or ordinance adopted by a local authority regulating the operation of motor vehicles on highways shall forward to the department, within ten days after the con viction of any person in such court for a violation of any such law other than regulations governing standing or parking, a uniform citation form authorized by Article 1 of Chapter 13 of this title. The department shall pay to the clerk of the court forwarding the report 25* for each report forwarded; and notwithstanding any general or local law to the contrary, the clerk shall retain such 25$ fee as additional compensation."
Section 10. Code Section 44-14-142 of the Official Code of Georgia Annotated, relating to recording affidavits, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 44-14-142 to read as follows:
"44-14-142. The clerk of the superior court shall file the affidavit required by Code Section 44-14-141, reindex the instrument mentioned in the affidavit, and enter on the mar gin of the record of the instrument a reference to the filing of the affidavit, which shall state the date of the filing of the affidavit and the amount unpaid on the obligation secured by the instrument, for which services the clerks shall be entitled to a fee as required by Article 2 of Chapter 6 of Title 15."
Section 11. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 12. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 40, nays 0, and the substitute was adopted.

THURSDAY, MARCH 6, 1986

1879

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 Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell Dawkins

Dean English Engram Foster Garner Gillis Greene Harris Holloway Hudgins Huggins Kennedy Land Langford McGill

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

Those not voting were Senators:

Barker Cobb Deal Fincher

Harrison Hine Horton Howard

Kidd McKenzie Timmons

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

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

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.
Senate Sponsor: Senator Reddish of the 6th.

Senators Holloway of the 12th, Garner of the 30th and Kennedy of the 4th offered the following substitute to HB 1444:

A BILL
To be entitled an Act 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 distinctive license plate for Georgia Southern College, for West Georgia College, and for Albany State College; 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 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles in general, is amended by adding

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JOURNAL OF THE SENATE

immediately after Code Section 40-2-29.3 a new Code Section 40-2-29.4 and a new Code Section 40-2-29.5 to read as follows:
"40-2-29.4. (a) The commissioner shall design a special distinctive license plate for Georgia Southern College and for West Georgia College. It shall not be a requirement that a county name decal be affixed and displayed on license plates under this Code section.
(b) In calendar years 1987 through 1989, any motor vehicle owner who is a resident of Georgia, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles and upon the payment of a $25.00 manufacturing fee in addition to the regu lar 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.
(c) 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.
40-2-29.5 (a) To commemorate the founding of Albany State College there shall be is sued in 1987 special license plates to commemorate the founding of that college.
(b) The commissioner shall prepare special distinctive license plates of a design appro priate to commemorate the founding of Albany State 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 $25.00 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."
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, 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 Coverdell Dawkins Dean

English Engram Foster Garner Gillis Harris Holloway Hudgins

THURSDAY, MARCH 6, 1986

1881

Huggins Kennedy
Kidd Lan ford
* 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:

Cobb Coleman Deal Fincher

Greene Harrison Hine

Horton Howard 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 taken up for the purpose of considering the House action thereon:

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.
Senator Scott of the 2nd moved that the Senate insist upon the Senate amendment to HB 377.
On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate insisted upon the Senate amendment to HB 377.
The following general bills and resolution of the House, favorably reported by the com mittees, were read the third time and put upon their passage:

HB 1984. By Representative Reaves of the 147th:
A bill to amend Article 2 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, known as the "Georgia Food Act," so as to provide that the Commis sioner of Agriculture is authorized to promulgate and adopt rules and regulations for the labeling of beef; to provide for certification that beef has been produced without feeding, injecting, or implanting antibiotics or growth hormones in the animal.
Senate Sponsor: Senator English of the 21st.

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

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

Those voting in the affirmative were Senators:

Albert Baldwin

Barker Bond

Bowen Brannon

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JOURNAL OF THE SENATE

Broun of 46th Brown of 47th Bryant Burton Cobb Coleman DCoawvekridnesll
Deal
Dean
English Engram Foster

Gillis Harris Holloway Horton Hudgins Huggins LKaenndnedy
Langford
McGill
McKenzie Peevy Phillips

Ray Reddish Scott of 2nd Scott of 36th Starr T T* iamtemons
Tolleson
Trulock
Turner Tysinger Walker

Those not voting were Senators:

Allgood Barnes Brantley Fincher

Garner Greene Harrison Hine

Howard Kidd Perry Stumbaugh

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

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

HR 69. By Representatives Reaves of the 147th, Long of the 142th, Royal of the 144th, Matthews of the 145th, Moody of the 153rd and others:
Senate Sponsor: Senator Turner of the 8th.

A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for indemnification with respect to publicly employed emergency medical technicians who are or have been killed or permanently disabled in the line of duty on or after January 1, 1987; 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 VI, Paragraph VI of the Constitution is amended by ad ding a new subparagraph (c) to read as follows:
"(c) The General Assembly may provide by law for indemnification with respect to pub licly employed emergency medical technicians who are or have been killed or permanently disabled in the line of duty on or after January 1, 1987."
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 indemnification with respect to publicly employed emergency medical technicians who are or have been killed or permanently disabled in the line of duty on or after January 1, 1987?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote

THURSDAY, MARCH 6, 1986

1883

"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 Baldwin Barker Bowen Brannon Broun of 46th Brown of 47th
Burton Cobb Coleman Coverdell Dawkins Deal Dean

Engram Foster Gillis Harris Holloway Horton
"ud*.ins Huggms Kennedy Land Langford McGill McKenzie

Those not voting were Senators:

Allgood Barnes Bond Brantley English

Fincher Garner Greene Harrison

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

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

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

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.
Senate Sponsor: Senator Broun of the 46th.

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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 Joe Mack Wilson, Chairman

House Ways and Means Committee

FROM:

G. W. Hogan, State Auditor C. T. Stevens, Director, Office of Planning and Budget

DATE:

January 22, 1986

SUBJECT: Fiscal Note--House Bill 1294 (LC 4 4725) Sales Tax Exemption--Fuel for Poultry Structures

This Bill would exempt sales of liquified petroleum gas or other fuel used to heat structures in which poultry are raised from state sales and use taxation.

Estimates on the fiscal impact of this Bill were derived from two sources. The Department of Revenue has estimated that this Bill would result in a state tax loss of $1,000,000 and a combined local tax loss of $365,000. Total state tax revenue derived from sales of bottled gas is approximately $6,000,000. The Department of Revenue estimates that one sixth of bottled gas sales or $1,000,000 are for purposes of heating structures in which poultry are raised. The Department has indicated that it has no data to specifically determine what portion of bottled gas sales go to heat poultry structures.

The Cooperative Extension Service in the University of Georgia College of Agriculture has estimated the state's revenue from bottled gas used for raising poultry is approximately $452,000 annually. This estimate is based on the average amount of propane gas needed to raise poultry and the amount of poultry projected to be raised in Georgia in 1986. The Cooperative Exten sion Service did not estimate the Bill's effect on local tax efforts.

M 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 Bowen Brannon Broun of 46th Brown of 47th Bryant

Burton Cobb Coleman Dawkins Deal Dean English Engram Foster

Gillis Harris Holloway Horton Howard Hudgins Huggins Kennedy Land

THURSDAY, MARCH 6, 1986

1885

Langford McGill McKenzie Peevy Perry
Phillips

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

Tate Timmons T lurner Tysinger
Walker

Voting in the negative was Senator Trulock.

Those not voting were Senators:

Barnes
Bond Brantley Coverdell

Fincher
Garner Greene Harrison

Hine Kidd Tolleson

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

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

Senator Kennedy of the 4th resumed the Chair.

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.
Senate Sponsor: Senator Starr of the 44th.

Senators Scott of the 2nd, Hudgins of the 15th and Starr of the 44th offered the follow ing amendment:
Amend HB 1794 by striking from line 3 of Page 1 and line 6 of Page 1 the following: "child",

and inserting in their respective places the following: "minor".

By striking from line 21 of Page 1, line 23 of Page 1, line 24 of Page 1, and line 26 of Page 1 the following:
"child",
and inserting in their respective places the following: "minor".

By striking from line 3 of Page 2, line 7 of Page 2, line 8 of Page 2, line 10 of Page 2, and line 12 of Page 2 the following:
"child",
and inserting in its place the following: "minor".

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

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JOURNAL OF THE SENATE

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

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

Those voting in the affirmative were Senators:

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

English Engram Foster Gillis Harris Hine Holloway HHoowrtoarnd
Hudgins Huggins Kidd
Land Langford McGill McKenzie

Peevy Perry Ray Reddish Scott of 2nd Scott of 36th ot So*tumbKaughk
* ate Timmons Tolleson
Trulock Turner Tysinger Walker

Those not voting were Senators:

Barker Bond Brannon

Fincher Garner Greene

Harrison Kennedy (presiding) Phillips

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 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.
Senate Sponsor: Senator Dawkins of the 45th.

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

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

MEMORANDUM

TO:

The Honorable Joe Mack Wilson, Chairman

House Ways and Means Committee

FROM:

G. W. Hogan, State Auditor C. T. Stevens, Director, Office of Planning and Budget

DATE:

January 31, 1986

THURSDAY, MARCH 6, 1986

1887

SUBJECT:

Fiscal Note--House Bill 1445 (LC 15 1548) Sales Tax Exemption--Oxygen Prescription
This Bill would exempt sales of oxygen prescribed by a licensed physi cian from state sales and use taxation.
Although information on sales of oxygen prescribed by a physician was not available, the Department of Revenue has estimated that this Bill would result in a state tax loss of less than $60,000 based on estimated sales of no more than $2,000,000. Combined local tax loss is estimated at no more than $22,000 using the same estimated sales figure.

1*1 G. W. Hogan State Auditor

Is/ 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 Barker Barnes Bowen rannon
Brantley Broun of 46th BBrroywannt of 47th
Burton Cobb Coverdell
Dawkins Deal Dean

English Engram Foster Gillis Harris Hine
Holloway ,,. J "Hoowrtoar"d
Hudgins Huggins Kidd
Land Langford McGill

McKenzie Perry Phillips Ray Reddish Scott of 2nd
Scott of 36th Q, fSttuombaugh,
Tate Tolleson Trulock
Turner Tysinger Walker

Those not voting were Senators:

Baldwin Bond Coleman Fincher

Garner Greene Harrison

Kennedy (presiding) Peevy Timmons

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

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

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.
Senate Sponsor: Senator Howard of the 42nd.

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JOURNAL OF THE SENATE

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

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

Those voting in the affirmative were Senators:

Allgood Barker Bond Bowen Brantley Broun of 46th Brown of 47th Bryant Burton Coverdell Dawkins Deal Dean English Engram

Foster Gillis Harris Hine Holloway Horton Howard Hudgins Huggins Kidd Land Langford McGill McKenzie Peevy

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

Those not voting were Senators:

Albert Baldwin Barnes Brannon

Cobb Coleman Fincher Garner

Greene Harrison Kennedy (presiding)

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

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

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.
Senate Sponsor: Senator Reddish of the 6th.

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

On the passage of the bill, a roll call was taken, and the vote as 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 Dawkins Deal Dean English Engram Fincher

Foster Gillis Harris Holloway Horton Hudgins Huggins Kidd Land

THURSDAY, MARCH 6, 1986

1889

Langford McGill McKenzie Peevy Perry Phillips Ray

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

Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Barker Cobb Coleman Coverdell

Garner Greene Harrison

Hine Howard Kennedy (presiding)

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.

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

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.
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. Stevens, Director, Office of Planning and Budget

DATE:

February 12, 1986

SUBJECT: Fiscal Note--House Bill 1584 (LC 14 4327) Taxpayer's Recoupment of Overpaid Income Taxes

This Bill would provide taxpayers with an additional means to recoup overpaid state income taxes. The provisions of this Bill would apply to tax payers whose federally reported income tax is changed by the United States Department of the Treasury and, as a result, are determined to have over-

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JOURNAL OF THE SENATE

paid taxes for the reported year but have failed to notify the state Commis sioner of Revenue within 180 days of their changed net income. The taxpayer could recoup 90% of the overpaid income tax amount against any income tax liability incurred by the taxpayer in either prior or subsequent years. The remaining 10% of the overpayment would be forfeited by the taxpayer as a penalty.
This Bill would become effective upon its approval by the Governor or upon becoming law without such approval. The Bill would be applied in judi cial and administrative proceedings which are pending on the effective date as well as to proceedings initiated on or after the effective date.
According to the Department of Revenue, the Bill would have an insig nificant effect on state revenues due to an estimated low number of taxpayers who would be affected. Specific information on the volume of overpayments which may be expected is not available.

/s/ G. W. Hogan State Auditor

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

Senator Barnes of the 33rd offered the following substitute to HB 1584:

A BILL
To be entitled an Act to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to Georgia income tax, generally, so as to provide that the first $10,000.00 of income from retirement or pension systems or funds of the armed forces of the United States of America or from any other retirement or pension systems or funds of the federal government shall be exempt from Georgia income tax if the recipient of the income is 62 years of age or older; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to Georgia income tax, generally, is amended by striking subparagraph (A) of paragraph (4) of subsection (a) and inserting in lieu thereof a new subparagraph (A) to read as follows:
"(A) Income received from the following, and only the following, public pension or re tirement funds or systems when the income is otherwise included in the taxpayer's federal adjusted gross income:
(i) Employees' Retirement System of Georgia;
(ii) Georgia Firemen's Pension Fund and all local firemen's pension funds;
(iii) Peace Officers' Annuity and Benefit Fund of Georgia;
(iv) Trial Judges and Solicitors Retirement Fund;
(v) Superior Court Clerks' Retirement Fund of Georgia;
(vi) Public School Employees Retirement System;
(vii) Georgia Legislative Retirement System;
(viii) Teachers Retirement System of Georgia and all local teachers' retirement systems;
(ix) Teachers' retirement systems or funds of states having a reciprocal agreement with this state to exempt income from the Teachers Retirement System of Georgia from taxation;
(x) Funds, programs, or systems the income from which is exempted by federal law or treaty;
(xi) Superior Court Judges Retirement System;
(xii) District Attorneys' Retirement System;

THURSDAY, MARCH 6, 1986

1891

(xiii) Retirement or pension systems or funds of the armed forces of the United States if the recipient of the income is 62 years of age or older, except that only the first $10,000.00 of income from such systems or funds shall be exempt under this subparagraph; and
(xiv) Retirement or pension systems or funds of the federal government if the recipient of the income is 62 years of age or older, except that only the first $10,000.00 of income from such federal systems or funds shall be exempt under this subparagraph;".
Section 2. The provisions of this Act shall apply to tax years beginning on or after 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 Roy Barnes

State Senator

FROM:

G. W. Hogan, State Auditor C. T. Stevens, Director, Office of Planning and Budget

DATE:

March 6, 1986

SUBJECT: Fiscal Note--House Bill 1584 Senate Floor Substitute (LC 10 7062S) Income Tax Exemption--Retirement Income

This Bill would exempt from Georgia income tax the first $10,000 of in come from retirement or pension systems of the United States armed forces and the federal government. The exemptions would only apply if the recipi ent of the income is at least 62 years old.

The Department of Revenue has estimated that this exemption would result in approximately $14,200,000 in revenue loss based on an estimated 50,000 persons who would qualify for the exemption. The Department also noted that the majority of these 50,000 taxpayers would no longer have a Georgia income tax liability.

M G. W. Hogan State Auditor

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

Senators Tolleson of the 32nd, Coverdell of the 40th, Stumbaugh of the 55th and ten other Senators offered the following amendment:
Amend HB 1584 by striking from line 1 on Page 1 the following: "To",

and inserting in lieu thereof the following:
"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 Georgia income taxation, so as to increase the amount of retirement income which may be excluded from taxable net tionc"o. me by a taxpayer who is 62 years of age or over or is permanently and totally disabled;

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JOURNAL OF THE SENATE

By striking from line 13 of Page 1 the following:
"an effective date",
and inserting in lieu thereof the following:
"effective dates and for applicability".
By inserting between lines 15 and 16 of Page 1 the following:
"Section 1. Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to calculation of taxable net income of individuals for purposes of Georgia income taxation, is amended by striking paragraph (5) of subsection (a), which paragraph describes an exclu sion from taxable net income, and inserting in its place a new paragraph to read as follows:
'(5) (A) Retirement income not to exceed $4,000.00 per year received from any source. This paragraph shall not apply to or affect retirement income which is already wholly ex empt from income taxation because it is received from a public pension retirement fund or system listed in subparagraph (4) (A) of this subsection. A taxpayer shall be eligible for the $4,000.00 exclusion granted by this paragraph only if he:
(i) Is 62 years of age or older during any part of the taxable year; or
(ii) Is permanently and totally disabled in that he has a medically demonstrable disabil ity which is permanent and which renders him incapable of performing any gainful occupa tion within his competence.
(B) The commissioner shall by regulation require proof of the eligibility of the taxpayer for the exclusion allowed by this paragraph;' ".
By redesignating Sections 1, 2 and 3 as Sections 2, 3, and 4, respectively.
By striking lines 4 through 6 of Page 3 and inserting in lieu thereof the following:
"Section 3. Section 1 of this Act shall become effective upon its approval by the Gover nor or upon its becoming law without such approval. Section 2 of this Act shall become effective January 1, 1987, and shall apply to taxable years beginning on or after that date."

On the adoption of the amendment, Senator Tolleson of the 32nd called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin 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 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 voting was Senator Greene.

THURSDAY, MARCH 6, 1986

1893

On the adoption of the amendment offered by Senators Tolleson of the 32nd, Coverdell of the 40th, Stumbaugh of the 55th and ten other Senators, the yeas were 55, nays 0, and the amendment was adopted.

Senator Land of the 16th offered the following amendment:
Amend the substitute to HB 1584 offered by Senator Barnes of the 33rd as follows:
On Page 1, line 5, strike the words "or from any", strike all of line 6 and strike on line 7 the word "government".
On Page 2, strike lines 23 through 28, and on line 22 strike "; and" and add "." after the word "subparagraph".
Senator Tysinger of the 41st moved that he be excused from voting on the substitute to HB 1584 offered by Senator Barnes of the 33rd and any amendments offered thereto, stat ing that he had a personal interest in the results.
On the motion, the yeas were 49, nays 0; the motion prevailed, and Senator Tysinger of the 41st was excused from voting on the substitute to HB 1584 offered by Senator Barnes of the 33rd and all the amendments offered thereto.

On the adoption of the amendment offered by Senator Land of the 16th, Senator Land of the 16th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Coverdell Engram Harris

Harrison Land

Langford Tolleson

Those voting in the negative were Senators:

Albert Allgood Baldwin Barker Barnes Bnd
fBB,orraawnnentnloeny
Broun of 46th Brown of 47th
Bryant Burton Cobb Coleman Dawkins

Deal Dean English Fincher Foster Garner
SHH-oinlleoway
Horton Howard
Hudgins Huggins Kennedy Kidd McGill

McKenzie Peevy Perry Phillips p^y Redduh
SaSccootttttt ootff 23on6endth,
tarr . Stumbaugh
Tfte Timmons Trulock Turner Walker

Not voting were Senators Greene and Tysinger (excused).

On the adoption of the amendment offered by Senator Land of the 16th to the substi tute to HB 1584 offered by Senator Barnes of the 33rd, the yeas were 7, nays 47, and the amendment was lost.

1894

JOURNAL OF THE SENATE

Senator Cobb of the 28th offered the following amendment-
Amend the substitute to HB 1584 offered by Senator Barnes of the 33rd by adding a new subparagraph "B" after line 28 on Page 2 the following:
"B. No retirement income as described in subparagraph A shall be exempt in an amount in excess of $10,000."
On the adoption of the amendment offered by Senator Cobb of the 28th, Senator Cobb of the 28th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin
Cobb Coverdell

Dawkins Deal
Garner Harris Harrison Howard

Land Peevy
Phillips Scott of 2nd Tolleson Trulock

Those voting in the negative were Senators:

Albert Barnes Bond Bowen Brannon Brantley BBrroowunn ooff 4467tthh

Fincher Foster Gillis Hine Holloway Horton HHuugdggiinnss

Coleman Dean English Engram

Kennedy Kidd Langford McGill

McKenzie Perry Ray Reddish Scott of 36th Starr S_ tumb, augh,
Tate Timmons
Turner Walker

Not voting were Senators Greene and Tysinger (excused).
On the adoption of the amendment offered by Senator Cobb of the 28th to the substi tute to HB 1584 offered by Senator Barnes of the 33rd, the yeas were 19, nays 35, and the amendment was lost.
Senator Perry of the 7th offered the following amendment: Amend the substitute to HB 1584 offered by Senator Barnes of the 33rd by adding on Page 2, after line 28, the following paragraph:
"(B) Provided, however, that only one exemption not in excess of $10,000 shall be al lowed under subparagraph xiii and xiv of paragraph (A)."
On the adoption of the amendment offered by Senator Perry of the 7th, 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 Bowen Brantley

Bryant Burton Cobb Coleman Coverdell Dawkins Deal Dean

English Engram Fincher Foster Garner Gillis Harris Harrison

THURSDAY, MARCH 6, 1986

1895

Hine Holloway Horton SHHuuogwdggaiirnndss Kennedy Kidd Land

Langford McGill McKenzie _PPeee"vyy Phillips Ray Reddish

Scott of 2nd Scott of 36th Stumbaugh _TT.iamtemons Tolleson Trulock Turner

Those voting in the negative were Senators:

Broun of 46th

Starr

Brown of 47th

Walker

Those not voting were Senators:

Brannon

Greene

Tysinger (excused)

On the adoption of the amendment offered by Senator Perry of the 7th to the substi tute to HB 1584 offered by Senator Barnes of the 33rd, the yeas were 49, nays 4, and the amendment was adopted.

On the adoption of the substitute to HB 1584 offered by Senator Barnes of the 33rd, 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:

Baldwin Barker BBoarwneens
Coleman
Dean

Garner Harrison HHuodrtgoinns
Kennedy
Kidd

Land McGill RD ed,d,.lsh,
Timmons
Trulock

Those voting in the negative were Senators:

Albert Allgood
Bond Brannon Brantley
Broun of 46th BBrrovwannt of 47th Burton Cobb Coverdell Dawkins Deal

English Engram
Fincher Foster Gmis
Harrig ,,. e Holloway Howard Huggins Langford McKenzie

Peevy Perry
Phillips Ray Scott of 2nd
Scott of 36th 0St. arr Stumbaugh Tate Tolleson Turner Walker

Not voting were Senators Greene and Tysinger (excused).

On the adoption of the substitute, the yeas were 17, nays 37, and the substitute was lost.

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

1896

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 Barne8 Bnd
fowen Brannon
Brof46th Brown of 47th gryant Burton Cobb Coleman Coverdell Dawkins Deal Dean

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

McGill McKenzie Peevy Perry Phillips Ray
Reddish Scott of 2nd
Jottof36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Not voting was Senator Greene.

On the passage of the bill, the yeas were 55, 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 agreed to the Senate amendments to the following bills of the House:

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 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 or the sale of distilled spirits by the drink for consumption only on the premises; to provide procedures for such authorization.

THURSDAY, MARCH 6, 1986

1897

The House has agreed to the Senate substitute to the following bills of the House:
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.
HB 1658. By Representative Walker of the 85th:
A bill to amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to property tax exemptions, so as to exempt from the return and payment of ad valorem taxes certain tangible personal property if the value of that property does not exceed $1,000.00.
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 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.
The House has agreed to the Senate substitute, as amended, to the following bill of the House:
HB 1384. By Representative Richardson of the 52nd:
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 sev enty-fifth anniversary of the founding of Georgia State University.
The House insists on its position in substituting the following bill of the Senate:
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.
The House insists on its position in disagreeing to the Senate amendment, and has

1898

JOURNAL OF THE SENATE

appointed a Committee of Conference on the part of the House to confer with a like com mittee on the part of the Senate on the following bill of the House:
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.
The Speaker has appointed on the part of the House, Representatives Kilgore of the 42nd, Williams of the 6th and Dover of the llth.
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 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.
The Speaker has appointed on the part of the House, Representatives Athon of the 57th, Childers of the 15th and Parham of the 105th.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has agreed to the Senate substitute to the following bills of the House:
HB 1684. By Representatives Hanner of the 131st and Sizemore of the 136th:
A bill to amend Article 1 of Chapter 1 of Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, generally, so as to provide for the investment and reinvestment of assets of local retirement systems under the same terms, conditions, limitations, and restrictions as are imposed on domestic life insurance companies.
HB 889. By Representatives Holmes of the 28th, Coleman of the 118th, Ramsey of the 3rd and Benn of the 38th:
A bill to amend Code Section 16-11-127 of the Official Code of Georgia Anno tated, relating to prohibiting the carrying of deadly weapons to or at public gath erings, so as to provide an exception for retired peace officers; to amend Code Section 35-8-2 of the Official Code of Georgia Annotated, relating to definitions regarding employment and training of peace officers, so as to change the defini tion of the term "retired peace officer".

THURSDAY, MARCH 6, 1986

1899

HB 2064. By Representatives Martin of the 60th, Jackson of the 9th, Lawson of the 9th and Wood of the 9th: A bill to amend an Act creating a new charter for the City of Buford, so as to change the corporate limits of the city.
The House has agreed to the Senate amendments to the following bills of the House;
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 1941. By Representative Wall of the 61st: A bill to create a new charter for the City of Lawrenceville.
HB 1939. By Representative Crawford of the 5th: A bill to amend an Act consolidating the laws chartering the City of Summerville in Chattooga County and granting a new charter for said city, so as to change the provisions relating to the corporate limits of the City of Summerville.
HB 1854. By Representatives Bolster of the 30th, Martin of the 26th, Dean of the 29th and Holmes of the 28th: A bill to amend an Act providing for urban enterprise zones in the City of At lanta, so as to provide that urban enterprise zones may be created for commercial and industrial purposes or for residential purposes; to provide for the definitions and locations of types of urban enterprise zones.
The House has disagreed to the Senate substitute to the following resolution of the House:
HR 644. By Representatives Lucas of the 102nd and Coleman of the 118th: A resolution proposing an amendment to the Constitution so as to provide that the General Assembly shall provide by law for a program of indemnification with respect to the permanent disability of any law enforcement officer, fireman, or prison guard who was permanently disabled in the line of duty subsequent to January 1, 1977, and prior to January 1, 1979; to provide that funds may be appropriated and insurance purchased for such purpose.
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 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 Speaker has appointed on the part of the House, Representatives Aiken of the 21st, Maddox of the 7th and Johnson of the 72nd.

1900

JOURNAL OF THE SENATE

The House recedes from its position in disagreeing to the Senate substitute to the fol lowing resolution of the House:
HR 517. By Representatives Wall of the 61st, Clark of the 55th, Smith of the 152nd, Morton of the 47th, Barnett of the 10th and others: A resolution applying to the Congress of the United States to call a convention for the purpose of proposing an amendment to the Constitution of the United States.
The House has adopted the report of the Committee of Conference on the following bills of the House:
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 705. By Representatives Triplett of the 128th, Murphy of the 18th, Wood of the 9th, Colwell of the 4th, Dobbs of the 74th and Evans of the 84th: A bill to amend Article 4 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the exercise of the power to contract, so as to authorize the department to award a contract when only one bid has been received on the project; to require the department to open such bid; to require disclosure of the estimate.
The House has passed by the requisite constitutional majority the following bills of the Senate:
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.
SB 206. By Senator Garner of the 30th: A bill to amend Code Section 47-3-85 of the O.C.G.A., relating to credit under the Teachers Retirement System of Georgia for service rendered by former mem bers 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 withdrawn from the Employees' Retirement System of Georgia.
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 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

THURSDAY, MARCH 6, 1986

1901

exceeding $2,500.00 of such a decedent, such person shall deposit such moneys into a savings account in the name of the decedent.
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.
SB 574. By Senator Kidd of the 25th:
A bill to amend an Act creating a board of commissioners for Jasper County, so as to change the compensation of the chairman and other members of said board.
SB 581. By Senator Cobb of the 28th:
A bill 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 entirely exempt from Spalding County and Spalding County School District ad valorem taxation.
SB 585. By Senators Bond of the 39th, Scott of the 36th, Engram of the 34th 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 Atlanta, Fulton County, and DeKalb County, or either of them, to enter into contracts with each other, or with a Hospital Authority, without the necessity of an election and irre spective of the debt limitation provision of the Constitution.
SB 586. By Senators Bond of the 39th, Scott of the 36th, Engram of the 34th and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the issuance of revenue an ticipation obligations by the City of Atlanta, Fulton County, or DeKalb County, to provide for funds for the construction of grandstands and stadiums or to pro vide funds to extend, repair, or improve such existing facilities.
SB 597. By Senator Reddish of the 6th:
A bill to amend an Act placing the tax commissioner of Wayne County on a salary basis in lieu of a fee basis, so as to change the compensation of that tax commissioner; to delete certain provisions regarding employees needed in the is suing of license plates.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate:
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 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-

1902

JOURNAL OF THE SENATE

lating to filing notice of candidacy; to change the provisions relating to nomina tion of candidates by petition.
The House has passed, as amended, by the requisite constitutional majority the follow ing bills of the Senate:
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.
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.
The House has passed by the requisite constitutional majority the following bills of the House:
HB 2005. By Representative Maddox of the 7th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Gordon County during designated regis tration periods as provided in Code Section 40-2-20.1 of the Official Code of Georgia Annotated.
HB 1642. By Representative McKinney of the 35th:
A bill to amend an Act fixing the compensation of the board of commissioners of counties having a population of 550,000 or more, so as to change the provisions relating to the United States decennial census used for the population classifica tions of such counties; to change the provisions relating to the compensation of the chairman and other members of the board of commissioners of such counties.
The following bill of the House was taken up for the purpose of considering the House amendment to the Senate substitute thereto:
HB 1384. By Representative Richardson of the 52nd:
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 sev enty-fifth anniversary of the founding of Georgia State University.
The House amendment was as follows: Amend the Senate substitute to HB 1384 by striking from line 31 of Page 2 the following: "year 1987", and inserting in its place the following: "years 1987 through 1989".

THURSDAY, MARCH 6, 1986

1903

Senator Kidd of the 25th moved that the Senate agree to the House amendment to the Senate substitute to HB 1384.

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

Those voting in the affirmative were Senators:

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

Fincher Foster Garner Gillis Harris Harrison Hine
,,Hort.on J Howard Hudgins Kennedy Kidd Langford McGill McKenzie

Peevy Perry Phillips Ray Reddish Scott of 2nd gcott of 36th
S_.tumb, augh, Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Barker Bond Bowen

English Greene

Huggins Land

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 1384.

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

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.

The Conference Committee report on HB 1858 was as follows:

The Committee of Conference on HB 1858 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1858 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Donn M. Peevy Senator, 48th District
/s/ R. T. Phillips Senator, 9th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Charles Bannister Representative, 62nd District
M Mike Barnett Representative, 59th District

1904

JOURNAL OF THE SENATE

/s/ Gene Walker Senator, 43rd District

/s/ Charles Martin Representative, 60th District

Conference Committee substitute to HB 1858:

A BILL
To be entitled an Act to amend an Act to continue and re-create the State Court of Gwinnett County, approved March 23, 1977 (Ga. L. 1977, p. 3331), as amended, so as to change the compensation of the judges of the state court; to change the compensation of the solicitor; 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 to continue and re-create the State Court of Gwinnett County, ap proved March 23, 1977 (Ga. L. 1977, p. 3331), as amended, is amended by striking in its entirety subsection (c) of Section 13, which reads as follows:
"(c) Each of the judges shall be paid a salary of $48,000.00 per annum, payable monthly out of the treasury of Gwinnett County by the officers of said county authorized to pay out the funds of said county. The salary of such judges shall be an expense of said court.",
and inserting in its place a new subsection (c) to read as follows:
"(c) Each of the judges shall be paid an annual salary equal to the sum of 85 percent of the annual salary of a judge of superior court, as paid by the state, plus 85 percent of the annual amount of any supplement paid by the governing authority of Gwinnett County to a judge of the superior court. Such salary shall be payable in equal monthly installments out of the treasury of Gwinnett County by the officers of said county authorized to pay out the funds of said county. The salary of such judges shall be an expense of said court."
Section 2. Said Act is further amended by striking in its entirety subsection (c) of Sec tion 14, which reads as follows:
"(c) The solicitor shall be paid an annual salary of $30,000.00, payable in equal monthly installments from Gwinnett County funds. The salary of the solicitor shall be an expense of the court. Said salary shall be increased by 3 percent on January 1, 1982, and by an addi tional 3 percent of the previous year's salary on January 1 of each year thereafter.",
and inserting in its place a new subsection (c) to read as follows:
"(c) The solicitor shall be paid an annual salary equal to the sum of 85 percent of the annual salary of a district attorney, as paid by the state, plus 85 percent of the annual amount of any supplement paid by the governing authority of Gwinnett County to the dis trict attorney of the Gwinnett Judicial Circuit. Such salary shall be payable in equal monthly installments out of the treasury of Gwinnett County by the officers of said county authorized to pay out the funds of the county. The salary of the solicitor shall be an expense of the court."
Section 3. This Act shall become effective on January 1, 1987.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Senator Phillips of the 9th moved that the Senate adopt the Conference Committee report on HB 1858.

On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1858.

THURSDAY, MARCH 6, 1986

1905

The following bills of the House were taken up for the purpose of considering the House action thereon:
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.
Senator Hudgins of the 15th moved that the Senate adhere to the Senate amendments to HB 1469, and that a Conference Committee be appointed.
On the motion, the yeas were 31, nays 0; the motion prevailed, and the Senate adhered to the Senate amendments to HB 1469.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Hudgins of the 15th, Broun of the 46th and Turner of the 8th.
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.
Senator Cobb of the 28th moved that the Senate adhere to the Senate substitute to HB 1433, and that a Conference Committee be appointed.
On the motion, the yeas were 29, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 1433.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Cobb of the 28th, Bowen of the 13th and Reddish of the 6th.
Senator Kennedy of the 4th, President Pro Tempore, resumed the Chair.
The following bill of the House was taken up for the purpose of considering the Confer ence Committee report thereon:
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.

1906

JOURNAL OF THE SENATE

The Conference Committee report on HB 1162 was as follows:

The Committee of Conference on HB 1162 recommends that the Senate recede from its position and that HB 1162 as passed by the House of Representatives be adopted.
Respectfully submitted,

FOR THE SENATE:
Is/ J. Tom Coleman, Jr. Senator, 1st District
/s/ J. Nathan Deal Senator, 49th District
/s/ Edward Hine, Jr. Senator, 52nd District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Robert G. Peters Representative, 2nd District
/s/ Howard H. Rainey Representative, 135th District
/s/ Cas M. Robinson Representatiave, 58th District

Senator Deal of the 49th moved that the Senate adopt the Conference Committee re port on HB 1162.

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

Those voting in the affirmative were Senators:

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

Dean Engram Fincher Foster Garner Gillis Greene Harris Hine Holloway Howard Hudgins Huggins Kidd Land Langford

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

Those not voting were Senators:

Bowen Brown of 47th English

Harrison Horton Kennedy (presiding)

Timmons Tolleson

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1162.

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

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-

THURSDAY, MARCH 6, 1986

1907

thorized person to make an anatomical gift of an individual under 18 years of age, such gift to take effect at death.
Senator Kidd of the 25th moved that the Senate adhere to the Senate substitute to HB 1334, and that a Conference Committee be appointed.
On the motion, the yeas were 36, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 1334.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Kidd of the 25th, Phillips of the 9th and Dawkins of the 45th.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
SB 267. By Senators Howard of the 42nd, Fincher of the 54th and Kidd of the 25th:
A bill to amend Part 3 of Article 2 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to the regulation of pharmacists, so as to provide for license expiration and renewal and to require pharmacists to obtain continuing pharmaceutical education as a condition for renewing their pharmacist license; to provide for approved correspondence courses; to provide for exceptions.
The House substitute to SB 267 was as follows:
A BILL
To be entitled an Act to amend Part 3 of Article 2 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to the regulation of pharmacists, so as to pro vide for license expiration and renewal and to require pharmacists to obtain continuing pharmaceutical education as a condition for renewing their pharmacist license; to provide for approved correspondence courses; to repeal certain provisions relating to continued edu cation certificates; to provide for inactive status licenses; to provide that persons granted inactive status shall be exempt from continuing pharmaceutical education requirements; to provide exceptions; to change the expiration period for pharmacy intern licenses; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 3 of Article 2 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to the regulation of pharmacists, is amended by striking subsection (b) of Code Section 26-4-76, relating to biennial registration of pharmacists and continuing edu cation for pharmacists, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) All licenses issued under this part shall be valid for up to two years and shall be renewable biennially. The board shall establish a program of continuing professional phar maceutical education for the renewal of pharmacist licenses. Notwithstanding any other provision of this part except subsection (d) of this Code section, no pharmacist license shall be renewed by the board or the joint-secretary until the pharmacist submits to the board satisfactory proof of his participation, during the biennium preceding his application for renewal, in not more than 30 hours of approved programs of continuing professional phar maceutical education, as defined in this Code section. Continuing professional pharmaceuti cal education shall consist of educational programs providing training pertinent to the prac tice of pharmacy and approved by the board under this Code section. The board shall approve educational programs for persons practicing pharmacy in this state on a reasonable nondiscriminatory fee basis and may contract with institutions of higher learning, profes sional organizations, or qualified individuals for the providing of approved programs. In ad-

1908

JOURNAL OF THE SENATE

dition to such programs, the board shall allow the continuing professional pharmaceutical education requirement to be fulfilled by the completion of approved correspondence courses which provide the required hours of approved programs of continuing professional pharma ceutical education or to be fulfilled by a combination of approved correspondence courses and other educational programs. The board may, consistent with the requirements of this Code section, promulgate rules and regulations to implement and administer this Code sec tion, including the establishment of a committee to prescribe standards, approve and con tract for educational programs, and set the required minimum number of hours per year."
Section 2. Said part is further amended by striking subsection (c) of said Code Section 26-4-76 and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) The board shall by regulation provide for an inactive status license for those indi viduals who elect to apply for such status. Persons who are granted inactive status shall be exempt from the requirements of continuing pharmaceutical education."
Section 3. Said part is further amended by adding at the end of Code Section 26-4-76 a new subsection (d) to read as follows:
"(d) The requirement to obtain 30 hours of approved programs of continuing profes sional pharmaceutical education prior to renewing his pharmacist license shall not apply to any person who was a licensed pharmacist under this part on January 1, 1986, and no such person shall be required to submit proof of participation in such programs in order to renew his license. Nothing in this subsection shall prohibit any such person from voluntarily par ticipating in such programs."
Section 4. Said part is further amended by striking Code Section 26-4-77, relating to pharmacy interns, and inserting in lieu thereof a new Code section to read as follows:
"26-4-77. Any student in, or who has been accepted for admission to, any generally recognized school or college of pharmacy, and who has completed the prepharmacy require ments, may register with the board and may be licensed as a pharmacy intern. Licenses issued under this Code section shall bear the date thereof and shall be valid for up to five years. Licenses which shall expire by lapse of time may be renewed upon application, unless at the time of expiration there shall be pending before the board proceedings to suspend or revoke such license. A pharmacy intern may compound, mix, or dispense drugs and medicines or poisons only under the immediate supervision of a pharmacist."
Section 5. Sections 1 and 2 of this Act shall become effective January 1, 1987, but the remaining sections of this Act shall become effective upon the approval of this Act by the Governor or upon this Act's becoming law without such approval.
Section 6. All laws and parts of laws in conflict with this Act are repealed.
Senator Kidd of the 25th moved that the Senate disagree to the House substitute to SB 267.
On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SB 267.
The following bill of the House was taken up for the purpose of considering the Confer ence Committee report thereon:
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.
The Committee of Conference on HB 1550 recommends that both the Senate and the

THURSDAY, MARCH 6, 1986

1909

House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1550 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Culver Kidd Senator, 25th District
/s/ Floyd Hudgins Senator, 15th District
/s/ Gene Walker Senator, 43rd District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ William J. Lee Representative, 72nd District
/s/ Larry Walker Representative, 115th District
/s/ Jack Connell Representative, 87th District

Conference Committee substitute to HB 1550:

A BILL
To be entitled an Act to amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries and allowances of certain state officials, so as to change the salary of the state auditor; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries and allowances of certain state officials, is amended by striking paragraph (6) of subsection (a) in its entirety and inserting in lieu thereof a new paragraph (6) to read as follows:

"(6) State Auditor ................................ 60,000.00". Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Kidd of the 25th moved that the Senate adopt the Conference Committee re port on HB 1550.

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

Those voting in the affirmative were Senators:

Barker Broun of 46th Brown of 47th Deal Holloway

Horton Hudgins Kidd Land

McKenzie Reddish Timmons Walker

Those voting in the negative were Senators:

Albert Allgood Baldwin Barnes Bond Bowen Brannon Brantley Bryant Burton Cobb

Coverdell Dawkins Dean English Engram Fincher Foster Garner Gillis Greene Harris

Hine Howard Huggins Langford McGill Peevy Perry Phillips Ray Scott of 2nd Scott of 36th

1910

JOURNAL OF THE SENATE

Stumbaugh Tate

Tolleson Trulock

Turner Tysinger

Those not voting were Senators:

Coleman Harrison

Kennedy (presiding)

Starr

On the motion, the yeas were 13, nays 39; the motion prevailed, and the Senate rejected the Conference Committee report on HB 1550.

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

HB 1642. By Representative McKinney of the 35th:
A bill to amend an Act fixing the compensation of the board of commissioners of counties having a population of 550,000 or more, so as to change the provisions relating to the United States decennial census used for the population classifica tions of such counties; to change the provisions relating to the compensation of the chairman and other members of the board of commissioners of such counties.
Referred to Committee on Urban and County Affairs.

HB 2005. By Representative Maddox of the 7th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Gordon 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 bill of the Senate was taken up for the purpose of considering the House action thereon:

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 Howard of the 42nd moved that the Senate adhere to its disagreement to the House substitute to SB 465, and that a Conference Committee be appointed.

On the motion, the yeas were 36, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House substitute to SB 465.

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 Howard of the 42nd, Starr of the 44th and Hudgins of the 15th.

THURSDAY, MARCH 6, 1986

1911

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

HB 1538. By Representative Ware of the 77th:
A bill to amend an Act completely revising the laws relative to the governing authority of Chatham County and providing for a board of commissioners, so as to change the provisions relative to meetings of the board.

The Conference Committee report on HB 1538 was as follows:

The Committee of Conference on HB 1538 recommends that the Senate recede from its position and that HB 1538 as passed by the House of Representatives be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Lawrence Stumbaugh Senator, 55th District
/s/ J. Nathan Deal Senator, 49th District
M Roy E. Barnes Senator, 33rd District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ J. Crawford Ware Representative, 77th District
/s/ Denmark Groover Representative, 99th District
/s/ Dean G. Auten Representative, 156th District

Senator Stumbaugh of the 55th moved that the Senate adopt the Conference Commit tee report on HB 1538.

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

Those voting in the affirmative were Senators:

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

Dean Engram Fincher Foster Gillis Greene Harris Hine Holloway Horton Howard Hudgins Huggins Land Langford

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

Those not voting were Senators:

Bond Coleman English Garner

Harrison Kennedy (presiding) Kidd

Reddish Starr Turner

1912

JOURNAL OF THE SENATE

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1538.

The following resolution of the House was taken up for the purpose of considering the House action thereon:
HR 644. By Representatives Lucas of the 102nd and Coleman of the 118th:
A resolution proposing an amendment to the Constitution so as to provide that the General Assembly shall provide by law for a program of indemnification with respect to the permanent disability of any law enforcement officer, fireman, or prison guard who was permanently disabled in the line of duty subsequent to January 1, 1977, and prior to January 1, 1979; to provide that funds may be appropriated and insurance purchased for such purpose.
Senator Harris of the 27th moved that the Senate insist upon the Senate substitute to HR 644.

On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HR 644.
The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:
HB 1549. By Representative Richardson of the 52nd:
A bill to amend Code Section 31-7-261 of the Official Code of Georgia Annotated, regarding immunity from liability for criminal records checks of personal care home personnel, so as to extend that immunity to county boards of health; to change a term.
Senate Sponsor: Senator Hine of the 52nd.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes
ond "BBorraawnnentnloeny Broun of 46th Brown of 47th Bryant Burton Cobb Dawkins

Deal Engram Fincher Foster Gillis
Harris H,,"oolrltoowna, y Howard Huggins Land Langford McGill McKenzie

Peevy Perry Phillips Ray Reddish
Scott of 2nd ,,JS,actoett of 36th Timmons Tolleson Trulock Turner Tysinger Walker

Voting in the negative was Senator Hudgins.

THURSDAY, MARCH 6, 1986

1913

Those not voting were Senators:

Coleman Coverdell Dean English

Garner Greene Harrison Hine

Kennedy (presiding) Kidd Starr Stumbaugh

On the passage of the bill, the yeas were 43, nays 1.

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

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.
Senate Sponsor: Senator Dawkins of the 45th.

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

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

MEMORANDUM

TO:

The Honorable Joe Mack Wilson, Chairman

House Ways and Means Committee

FROM:

G. W. Hogan, State Auditor C. T. Stevens, Director, Office of Planning and Budget

DATE:

January 16, 1986

SUBJECT: Fiscal Note--House Bill 1270 (LC 14 4142) Sales Tax Exemption

This Bill would exempt hearing aids from state sales and use taxation.
The Department of Revenue has estimated that this Bill would reduce net state sales and use tax receipts by $271,000. In addition, local sales tax receipts would be reduced by $99,000. These amounts include the 1% collection fee which the state retains from local sales taxes.

Is/ G. W. Hogan State Auditor

Isl 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 Broun of 46th Brown of 47th Bryant Burton

Cobb Coverdell Dawkins Deal Dean Engram

1914

JOURNAL OF THE SENATE

Foster
Gillis Harris "arrison

McGill
McKenzie Peevy Perry

Horton Hudgins Huggins Land

PhilliPs Rfly Reddish Scott of 2nd

Those not voting were Senators:

Brantley Coleman English Fincher Garner

Greene Holloway Howard Kennedy (presiding)

Scott of 36th Stumbaugh Tate Timmons
Tolleson Trulock Turner Tysinger
Kidd Langford Stair Walker

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

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

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.
Senate Sponsor: Senator Allgood of the 22nd.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Barker Barnes ^ond
^Borawnennon Brown of 47th Burton Coleman Deal Dean Fincher

Foster Gillis Harris Harrison J? ine
"Howard, Hudgins Huggins Langford McGill McKenzie Peevy

Perry Phillips Ray Reddish Scott of 2nd
_S,t.umbaugh lmmnS Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Baldwin Brantley Broun of 46th Bryant Cobb Coverdell

Dawkins English Engram Garner Greene Holloway

Kennedy (presiding) Kidd Land Scott of 36th Starr Tate

THURSDAY, MARCH 6, 1986

1915

On the passage of the bill, the yeas were 38, nays 0.

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

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

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.

The House amendment was as follows:
Amend SB 569 by striking line 16 of Page 1 in its entirety and inserting in lieu thereof the following:
"the Authority, the Authority, subject to the prior approval of the governing authority of Cherokee County, shall be authorized to make".

Senator Harrison of the 37th moved that the Senate agree to the House amendment to SB 569.

On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 569.

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

HB 1347. By Representatives Martin of the 60th and Coleman of the 118th:
A bill to amend Code Section 40-6-163 of the Official Code of Georgia Annotated, relating to the duty of driver of vehicle meeting or overtaking a school bus and reports of certain violations, so as to change certain provisions relative to the conduct of hearings and actions taken by 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 Bowen Brannon Brantley Brown of 47th Bryant

Burton Cobb Coleman Coverdell Dawkins Deal Dean Engram Fincher Foster

Gillis Harris Harrison Holloway Horton Howard Hudgins Huggins Land Langford

1916

JOURNAL OF THE SENATE

McGill McKenzie Peevy Perry Phillips
Ray

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

Tolleson Trulock Turner
Tysinger Walker

Those not voting were Senators:

Bond Broun of 46th English

Garner Greene Hine

Kennedy (presiding) Kidd Starr

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

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

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

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.

The House amendment was as follows: Amend SB 583 by striking from line 21 of Page 1 the following: "corporations", and inserting in its place the following: "entities". By striking from line 27 of Page 1 the following: "or which is located in", and inserting in its place the following: "and which is located in or contiguous to".

Senator Bond of the 39th moved that the Senate agree to the House amendment to SB 583.

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon

Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Coverdell Dawkins

Deal Engram Fincher Foster Garner Gillis Harris Harrison

THURSDAY, MARCH 6, 1986

1917

Hine Horton Hudgins "ug|ins
Langford McGill McKenzie

Peevy Perry Ray Reddish
Scott of 2nd Scott of 36th Starr

Stumbaugh Tate Timmons Tolleson
Trulock Turner Walker

Those not voting were Senators:

Brantley Dean English Greene

Holloway Howard Kennedy (presiding)

Kidd Phillips Tysinger

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 583.

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 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.
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. Stevens, Director, Office of Planning and
Budget

DATE:

January 21, 1986

SUBJECT: Fiscal Note--House Bill 1297 (LC 16 0559) Sales Tax Exemption--Insulin

This Bill would exempt sales of insulin and insulin syringes dispensed without a pre scription from state sales and use taxation.

The Department of Revenue has estimated that this Bill would result in a state tax loss of $171,000 and a local tax loss of $62,700. These figures are based on an estimated 28,500 persons in Georgia each spending $200 per year on insulin shots and materials. The Depart ment of Revenue has also indicated that some of these purchases are made through pre scriptions, which are exempt from sales and use taxation. The total tax loss would therefore be less than the estimate of $171,000; however, an exact figure could not be determined.

1918

JOURNAL OF THE SENATE

M G. W. Hogan State Auditor

M C. T. Stevens, Director Office of Planning and Budget

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

On the passage of the bill, a 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 Harris Harrison Hine Holloway Horton Howard Hudgins Huggins Land

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

Those not voting were Senators:

English Greene Kennedy (presiding)

Kidd Perry

Starr Trulock

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

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

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.
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 Bowen

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

Cobb Coleman Coverdell Dawkins Deal Dean

THURSDAY, MARCH 6, 1986

1919

Engram Fincher Foster Garner
S?lhs. H"pjaam"ren!sson Holloway Horton Howard

Hudgins Huggins Land Langford
McGill McKenzie Peevy Perrv Phillips Ray

Reddish Scott of 2nd Scott of 36th Starr
Stumbaugh Tate Timmons Tolleson Turner Walker

Those not voting were Senators:

Bond English Greene

Kennedy (presiding) Kidd

Trulock Tysinger

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

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

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.
Senate Sponsor: Senator Scott of the 2nd.

Senators Peevy of the 48th, Deal of the 49th, Barnes of the 33rd and Scott of the 2nd offered the following amendment:
Amend HB 1551 by striking from lines 3 through 6 in the title on Page 1 the following:
"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",
and inserting in its place the following:
"certain provisions of law shall not be interpreted to deny the noncustodial parent the right to reasonable visitation determined by the court as in other cases".
By striking from lines 12 through 18 on Page 2 the following:
"The right of a child who has reached the age of 14 years to select his custodial parent shall not include the right on the part of the child to deny visitation rights to the noncus todial parent; and the visitation rights of a noncustodial parent where the child has reached the age of 14 years shall be determined by the court as in other cases.'",
and inserting in its place the following:
"Nothing in this Code section shall be interpreted to deny the noncustodial parent the right to reasonable visitation determined by the court as in other cases.'"
By striking from lines 10 through 15 of Page 3 the following:
"The right of a child who has reached the age of 14 years to select his custodial parent shall not include the right on the part of the child to deny visitation rights to the noncus todial parent; and the visitation rights of a noncustodial parent where the child has reached the age of 14 years shall be determined by the court as in other cases.'",

1920

JOURNAL OF THE SENATE

and inserting in its place the following:
"Nothing in this Code section shall be interpreted to deny the noncustodial parent the right to reasonable visitation determined by the court as in other cases.'"

On the adoption of the amendment, the yeas were 33, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes
Bnd BraTtiey
Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Coverdell

Dawkins Deal Dean English Fincher
Foster illi8
"arns Harnson Hine Horton Howard Hudgins Huggins

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

Voting in the negative were Senators Engram and Langford.

Those not voting were Senators:

Brannon Garner Greene Holloway

Kennedy (presiding) Kidd McKenzie Phillips

Reddish Stumbaugh Trulock

On the passage of the bill, the yeas were 43, nays 2.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 1276. By Representative Richardson of the 52nd:
A bill to amend Code Section 20-2-754 of the Official Code of Georgia Annotated, relating to procedures to be followed by public school disciplinary tribunals and the review of such proceedings, so as to afford the local board of education 15 days, excluding weekends and holidays, to decide appeals in disciplinary matters.
Senate Sponsors: Senators Stumbaugh of the 55th and Foster of the 50th.

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

THURSDAY, MARCH 6, 1986

1921

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 Dawkins

Deal Dean Engram Fincher Foster Garner Gillis Harris Harrison Hine Horton Howard Hudgins Land Langford

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

Those not voting were Senators:

Brannon Coverdell English Greene

Holloway Huggins Kennedy (presiding) Kidd

McGill Scott of 2nd Trulock

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

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

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.
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. Stevens, Director, Office of Planning and
Budget

DATE:

February 11, 1986

SUBJECT: Fiscal Note--House Bill 1412 (LC 14 4113) Ad Valorem Tax--Agriculture

This Bill would amend the provisions relating to penalties incurred when a covenant to maintain eligible property in agricultural use is breached. Alternate penalties would be insti tuted if a covenant is breached as a result of a medical illness or disability which renders an

1922

JOURNAL OF THE SENATE

owner or operator unable to continue the property in agricultural use. In the case of an operator, the operator would have to be a member of the family owning a family-farm cor poration which owns the real property. The new penalties would be the total amount by which the preferential assessment has reduced taxes otherwise due during the period of the covenant. The penalty would bear interest at the rate of 1 % per month from the date the covenant is breached until the date the tax is paid. The appropriate tax collector or tax commissioner would have to require satisfactory evidence that the breach is a result of a medically demonstrable illness or disability.
The Department of Revenue has indicated that the effect of this Bill on state revenue cannot be estimated because the number of owners or operators who will become medically disabled cannot be determined.

/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
Bnd owe" Brof46th
Brown of 47th Bryant Burton Cobb Coleman Coverdell Dawkins

Deal Dean English Engram Foster
Garner Gillis reene
""8 Harrison Hine Horton Hudgins Kidd Land

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

Those not voting were Senators:

Brannon Fincher Holloway Howard

Muggins Kennedy (presiding) McGill

McKenzie Stumbaugh Trulock

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

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

HR 717. By Representatives Cummings of the 17th, Murphy of the 18th, Connell of the 87th, Wilson of the 20th, Lawler of the 20th and others:
A resolution designating the English language as the official language of the State of Georgia.
Senate Sponsors: Senators Foster of the 50th and Dean of the 31st.

THURSDAY, MARCH 6, 1986

1923

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 Bryant Burton Cobb Coleman Coverdell Dawkins Deal

Dean English Engram Foster Garner Gillis Greene Harris Hine Horton Howard Huggins Kidd Langford McKenzie

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

Those not voting were Senators:

Barker Brannon Brown of 47th Fincher

Harrison Holloway Hudgins Kennedy (presiding)

Land McGill Trulock

On the adoption of the resolution, the yeas were 45, nays 0.

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

HR 770. By Representative Edwards of the 112th: A resolution transferring the ownership of a certain structure owned by the Geor gia Forestry Commission to the Schley County Board of Commissioners.
Senate Sponsor: Senator McKenzie of the 14th.

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

Coverdell Dawkins Deal Dean Engram
Fincher Foster Gillis Greene Harris
Harrison

Hine Holloway Horton Howard Hudgins
Kidd Land Langford McGill McKenzie
Peevy

1924

JOURNAL OF THE SENATE

Perry PhilliPs Ray Reddish Scott of 2nd

Scott of 36th Starr Stumbaugh Tate

Tolleson Turner Tysinger Walker

Those not voting were Senators:

Barker Barnes Brannon Coleman

English Garner Muggins

Kennedy (presiding) Timmons Trulock

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

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

HR 125. By Representatives Murphy of the 18th, Oliver of the 121st, Lane of the lllth, Dover of the llth, Hays of the 1st and others:
Senate Sponsors: Senators Starr of the 44th and Allgood of the 22nd.

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; 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 ad ding at the end thereof a new subparagraph (c) to read as follows:
"(c) The General Assembly may provide by law and may expend or authorize the ex penditure 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."
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 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?"

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 of the resolution, was agreed to.

THURSDAY, MARCH 6, 1986

1925

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen Brantley Broun of 46th Brown of 47th BBuryrtaonnt
Cobb Coleman Coverdell Deal Dean English Engram

Fincher Foster Gillis Greene Harris Harrison Hine Holloway HHoowrtoarnd
Hudgins Huggins Kidd Land Langford McGill McKenzie

Peevy Perry Phillips Rav Reddish Scott of 2nd o^S.-cnotttt o-t o3c6ttvh. S., tumb, augh,
late Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Barker Bond

Brannon Dawkins

Garner Kennedy (presiding)

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 1742. By Representatives Colwell of the 4th and Walker of the 115th:
A bill to amend Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions of public property, so as to empower and authorize any unit or instrumentality of government within this state to as sert any cause of action, initiate any proceeding, seek any remedy, and request or demand any judicial relief which pertains to property and which is available under the general law of this state to nongovernmental parties in like circumstances.
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

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

Deal Dean English Engram Fincher Foster Garner

1926

JOURNAL OF THE SENATE

Gillis Harris Harrison Hine Holloway Horton Hudgins Huggins Kidd

Land McGill Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th

Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Brannon Coverdell Dawkins

Greene Howard Kennedy (presiding)

Langford McKenzie

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

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

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.
Senate Sponsor: Senator Howard of the 42nd.

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

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

Those voting in the affirmative were Senators:

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

English 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 Timmons Tolleson Trulock Turner Tysinger Walker

Voting in the negative was Senator Dawkins.

Those not voting were Senators:

Barnes Coleman Fincher

Greene Hudgins

Kennedy (presiding) McKenzie

THURSDAY, MARCH 6, 1986

1927

On the passage of the bill, the yeas were 48, nays 1.
The bill, having received the requisite constitutional majority, was passed.
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.
Senate Sponsor: Senator Howard of the 42nd.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

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

Dean English Engram Foster Gillis Harris Harrison Hine Holloway Horton Huggins Kidd Land Langford

Those not voting were Senators:

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

Barnes Brannon Bryant Coleman Fincher

Garner Greene Howard Hudgins Kennedy (presiding)

McKenzie Reddish Turner Walker

On the passage of the bill, the yeas were 42, nays 0.

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

HR 660. By Representatives Redding of the 50th, Richardson of the 52nd, Robinson of the 58th, Williams of the 54th, Alford of the 57th and others:
A resolution creating the DeKalb County Government Study Commission.

Senate Sponsor: Senator Stumbaugh of the 55th.

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

1928

JOURNAL OF THE SENATE

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bnd Bwn Brannon BBrroanuntleoyf 46th
Brown of 47th Bryant Burton Cobb Coleman Coverdell Dawkins

Deal Dean English Engram Fincher F?,8*61 G.lhs Greene HHaarrrriisson
Hine Holloway Horton Howard Huggins Kidd Land

Langford Peevy Perry Phillips Ray Scott of 2nd gcott Qf 36th ot ?St*um",baugh,
Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Gamer Hudgins

Kennedy (presiding) McGill

McKenzie Reddish

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

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

HR 686. By Representatives McKinney of the 35th, Dean of the 29th, Thomas of the 31st, Holmes of the 28th, Greer of the 39th and others: A resolution creating the Atlanta-Fulton County Taxation Study Commission.
Senate Sponsors: Senators Tate of the 38th and Bond of the 39th.

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 Coverdell Dawkins Deal Dean English Fincher Foster Gillis Greene Harris Harrison Hine Holloway

Horton Huggins Kidd Land Langford McGill Peevy Perry Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate

THURSDAY, MARCH 6, 1986

1929

Timmons Tolleson

Trulock Turner

Tysinger Walker

Those not voting were Senators:

Engram Garner Howard

Hudgins Kennedy (presiding) McKenzie

Phillips Reddish

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

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

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.
Senate Sponsor: Senator McGill of the 24th.

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 Foster Garner Gillis Greene Harris Harrison Hine Horton Howard Hudgins Muggins Kidd Land Langford

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

Those not voting were Senators:

Brannon Fincher

Holloway Kennedy (presiding)

Phillips

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

The resolution, having received the requisite constitutional majority, was adopted.

1930

JOURNAL OF THE SENATE

The following local bill of the Senate was taken up for the purpose of considering the House substitute thereto:
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.
The House substitute to SB 452 was as follows:
A BILL
To be entitled an Act to amend an Act reincorporating the City of Marietta, approved March 23, 1977 (Ga. L. 1977, p. 3541), as amended, so as to deannex and exclude certain property from the city; to repeal a specific Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act reincorporating the City of Marietta, approved March 23, 1977 (Ga. L. 1977, p. 3541), as amended, is amended by adding at the end of Section 1.4 thereof the following:
"Any other provision of this Section to the contrary notwithstanding, the following de scribed property is hereby deannexed and excluded from the corporate limits of the City of Marietta:
Tract Number 1
All that tract and parcel of land in the southwest corner and south side of original Land Lot No. 114 of the 19th District, 2nd Section, Cobb County, Georgia, and beginning at the southwest corner of said land lot, and running thence North along the original west line of said lot, running North 58 minutes East, a distance of 661.19 feet; thence south 64 degrees 22 minutes east a distance of 1520.24 feet to the southeast corner of said lot; thence south 89 degrees 51 minutes west along south line of said lot a distance of 1381.21 feet to begin ning point for description of this parcel, which contains 10.48 acres, and is bounded north and east by other lands of first parties; south by lands of the John Hancock Mutual Life Insurance Company; and west by lands of T. L. or Lawrence Manning.
Tract Number 2
All that tract and parcel of land, lying and being in the southwest corner of original land lot No. 184 of said 19th District and 2nd Section in Cobb County Georgia, and beginning at the southwest corner of said land lot and run thence North 56 minutes east along west line of said lot, a distance of 684.76 feet; thence south 89 degrees 04 minutes east a distance of 666.28 feet; thence south 1 degree and 06 minutes west 680.44 feet to south line of said lot; thence along the south line of said lot, running north 89 degrees 26 minutes west a distance of 664.47 feet to beginning point. This tract containing 10.43 acres, and is bounded North and East by other lands of parties of the First Part; south and west by lands of John Han cock Mutual Life Insurance Company.
Tract Number 3
All that certain parcel of land being a part of land lot No. 249 of the 20th District, 2nd Section, of Cobb County, Georgia, containing 53.50 acres, more or less, of land and de scribed by metes and bounds as follows:
BEGINNING at a point in the S line of said land lot 249 1328.61 feet westerly from the southeast corner of said lot; thence north 1 degree 47 minutes east 2,526.18 feet to a point; thence north 79 degrees 38 minutes east 314.69 feet to a point; thence south 8 degrees 40 minutes east 285.55 feet to a point; thence south 6 degrees 10 minutes east 313 feet to a point; thence south 2 degrees 11 minutes west 297.83 feet to a point; thence south 6 degrees 10 minutes west 282.23 feet to a point; thence south 88 degrees 58 minutes east 960 feet to a

THURSDAY, MARCH 6, 1986

1931

point in the east line of said land lot; thence along the said east line of said lot south 2 degrees 12 minutes west 1,428.87 feet to a point being the southeast corner of said lot 249, and thence along the southerly line of said lot north 88 degrees 26 minutes west 1,328.61 feet to the point of beginning.
Tract Number 4
All that certain parcel of land situate in Cobb County, State of Georgia, described as fol lows: Land Lots Nos. 937 and 1008 in the 16th District and 2nd Section of Cobb County, Georgia; containing 88.66 acres; also 10 acres, more or less, of land lot No. 248 in the 20th District and 2nd Section of said County, beginning at the southeast corner of said lot and running due north 48 rods; thence west for a distance of 34 rods; thence south 48 rods to the original south line of said lot; thence east along the said south line of said lot 34 rods to the point of beginning; said 10 acres being on and containing the top or summit of Kennesaw Mountain. Said tract containing in the aggregate 98.66 acres.
Tract Number 5
All that certain parcel of land situate in Cobb County, State of Georgia, described as fol lows: Beginning at the NW corner of land lot No. 285 of the 20th District and 2nd Section of Cobb County, Georgia, and running South 0 degrees 19 minutes west, a distance of 1248 feet to the property of A. J. Rogers; thence east a distance of 1106 feet to the District line between the 16th and 20th Districts; thence north along said District line 1248 feet to the NE corner of said lot; thence north 89 degrees and 15 minutes west, a distance of 1106 feet to the beginning point, containing 37.8 acres. Also all of land lot No. 1009 in the 16th Dis trict and 2nd Section of Cobb County, Georgia; beginning at the SW corner of said lot and running north along the District line a distance of 1121 feet, more or less, to the NW corner of said lot; thence east along the north line of said lot to the NE corner; thence east 1380 feet; thence south 1128 feet to the SE corner; thence west along the south line of said lot 1380 feet to the beginning point, containing 35.5 acres.
Tract Number 6
All the certain parcel of land situate in Cobb County, State of Georgia, described as follows: 86 acres of land lot No. 284 of the 20th District and 2nd Section of Cobb County, Georgia, beginning at the SW corner of land lot No. 284 of the 20th District and 2nd Section and running north 1230 feet to a rock wall, said rock wall being the line between the property herein described and the property of Mrs. Rynyan*; thence running east 1360 feet to the top of Little Kennesaw Mountain; thence north 44 degrees and 38 minutes east, a distance of 90 feet, thence north 67 degrees and 58 minutes, a distance of 270 feet; thence north 31 degrees and 28 minutes, a distance of 178.5 feet; thence north 9 degrees and 28 minutes east, a distance of 233 feet, thence north 23 degrees and 58 minutes east, a distance of 529.5 feet; thence north 51 degrees and 28 minutes east, a distance of 529.5 feet; thence north 63 de grees and 20 minutes east, a distance of 173 feet to the NE corner of land lot No. 284; thence south along said lot line for a distance of 450 feet; thence west 208.7 feet; thence south 0 degrees and 19 minutes west, a distance of 2250 feet to the south line of land lot No. 284; thence west along said land line a distance of 1654 feet to a marble post; thence north 86 degrees and 58 minutes west a distance of 991 feet to the point of beginning, containing 86 acres, more or less.
Tract Number 7
All that certain parcel of land situate in Cobb County, State of Georgia, described as fol lows: 20 acres, more or less, off the South side of Land Lot No. 938 in the 16th District and 2nd Section of Cobb County, Georgia, being all of said lot lying south of the old private roadway leading up Big Kennesaw Mountain in a westerly direction; containing 20 acres, more or less.
Tract Number 8
All that certain parcel of land situate in Cobb County, State of Georgia, described as fol lows: 20 acres, more or less, of Land Lot No. 938 in the 16th District and 2nd Section of

1932

JOURNAL OF THE SENATE

Cobb County, Georgia, being all of said lot lying north of the old roadway leading to the summit of Big Kennesaw Mountain. Also 27 Vz acres, more or less, of Land Lot No. 935 in the 16th District and 2nd Section of Cobb County, Georgia, being all of that portion lying south and west of the Cassville Public Road. Also 2 acres, more or less, of Land Lot No. 939, being the NW corner thereof, and being all of that portion of said lot lying north of private road leading from Marietta-Acworth Road to top of Kennesaw Mountain and west of said Marietta-Acworth Road, said 2 acres being triangular in shape and having located thereon the home place of E. D. C. Hames, all of said land lying and being in one continuous body in the 16th District and 2nd Section of Cobb County, Georgia, and containing in the aggregate 49'/2 acres, more or less.
Tract Number 9
All that certain parcel of land situate in Cobb County, State of Georgia, described as fol lows: 12.44 acres out of the SE corner of Land Lot No. 936 of the 16th District and 2nd Section, and 37.56 acres of Land Lot No. 248 of the 20th District and 2nd Section of Cobb County, Georgia, and described as follows: Beginning at a point on the district line (between the 16th and 20th Districts) 792 feet to the SE corner of and running north along said district line 1,497 feet to the SW corner of Land Lot No. 936 of the 16th District and 2nd Section; thence north 88 degrees and 55 minutes east 1,445 feet to the SE corner of said lot; thence 1 degree and 18 minutes east 750 feet along the east line of Land Lot No. 936; thence south 62 degrees and 20 minutes west, 1,655 feet to the SW corner of said Lot No. 936 of the 16th District; thence south 88 degrees and 55 minutes west, 300 feet; thence south 38 de grees and 45 minutes west 1,280 feet to a point on the west line of Lot No. 248 of the 20th District; thence south 0 degree and 20 minutes west 1,278 feet to the SW corner of Lot No. 248; thence south 89 degrees and 15 minutes east along the south line of Lot No. 248; a distance of 536 feet; thence north 792 feet; thence south 89 degrees and 15 minutes east 550 feet to the above described district line and the beginning point. The above described prop erty is situated on the northern side of Kennesaw Mountain, and contains in the aggregate 50 acres, more fully described by plat of W. W. McCulloch, C.E., March 4, 1924.
Tract Number 10
All that certain parcel of land situate in Cobb County, State of Georgia, described as fol lows: 15 acres of Land Lot No. 285 of the 20th District, 2nd Section, and 10 acres of Land Lot No. 284, said District and Section, and described as follows: Beginning at the SW corner of Land Lot No. 285 and running east 564 feet to the land of Ned Jenkins; thence north 0 degrees and 19 minutes east, 1,182 feet to the property of Gus Dickerson; thence west 555 feet to the West line of Land Lot No. 285; thence south 0 degrees and 19 minutes west along said line to the beginning point, containing 15 acres. Also beginning at the SE corner of Land Lot No. 284, and running north 0 degrees and 19 minutes east, 2,087 feet; thence west 208.7 feet; thence south 0 degrees and 19 minutes west, 2,087 feet to the south line of said Lot No. 284; thence east along said south line 208.7 feet to beginning point, containing 10 acres, and being a strip of land running north and south, one acre wide and 10 acres long, containing 25 acres, more or less.
Tract Number 11
All that tract or parcel of land lying and being in Land Lot Number 247 of the 20th District, 2nd Section of Cobb County, Georgia, and more particularly described as follows: beginning at a point formed by the intersection of the north side of U.S. Highway 41, known as the Dixie Highway, with the western line of Land Lot 247, and running thence north 2 degrees 11 minutes east 35.20 feet to a point; thence north 51 degrees 25 minutes east a distance of 412.46 feet to a point; thence north 64 degrees 13 minutes east a distance of 140.80 feet to the center of the old Marietta and Kennesaw Road; thence south 64 degrees, 06 minutes east a distance of 66.33 feet to a point; thence south 35 degrees 31 minutes east a distance of 161.55 feet to a point; thence south 20 degrees 51 minutes east a distance of four hundred fifty-eight and fifty-four hundredths (458.54) feet to a point on the north side of the said highway right-of-way; thence north 72 degrees 57 minutes west along the north side of said highway right-of-way a distance of 802.43 feet to a point of beginning. Said tract containing

THURSDAY, MARCH 6, 1986

1933

5.17 acres, and is more particularly shown in a plat of the property of E. R. Hunt, located in the 20th District, 2nd Section of Cobb County, Georgia surveyed March, 1936, by John H. Saxon, Assistant Topographic Engineer, N. P. S. and being all of the land embraced within the following boundaries: on the West by the West line of Land Lot 247; on the Northwest by the W. & A. Railway right-of-way; on the Northeast by the center of the old MariettaKennesaw Road; on the South by the right-of-way of U. S. Highway 41.
Tract Number 12
All that tract or parcel of land lying and being in Land Lot No. 117 of the 19th District, 2nd Section of Cobb County, Georgia, more particularly described as follows: beginning at the Southeast corner of said land lot, and running thence north 89 degrees, 14 minutes west a distance of 200 feet to a point; thence north 1 degree 58 minutes east a distance of 264.43 feet to a point in the center of an old road; thence south 43 degrees 33 minutes east a distance of 196.49 feet to a point; thence south 24 degrees 02 minutes east a distance of 136.39 feet to the Southeast corner of said land lot and point of beginning. Said tract herein described containing 0.71 acres as shown by plat of property of C. C. James, located in said District and Section of Cobb County, Georgia, as surveyed June, 1936, by John H. Saxon, Assistant Topographic Engineer, N. P. S., copy of which plat is filed with the National Park Service, Washington, D.C.
Tract Number 13
All that tract or parcel of land lying and being in the 20th District, 2nd Section, Cobb County, Georgia, and being parts of Land Lots 246 and 249 of said District and Section; more particularly described as follows: beginning at the Southwest corner of said Land Lot 246 and running thence north 1,320 feet to a stake; thence south 89 degrees 58 minutes east a distance of 1,317 feet along the line of property of Mrs. Annie C. Young and W. M. Mur ray to a stake; thence south 13 degrees 10 minutes east a distance of 822.6 feet crossing the right-of-way of the N. C. & St. L. R. R. to a stake; thence north 74 degrees 40 minutes east along the line of the property of the N. C. & St. L. R. R. a distance of 419.81 feet to a stake; thence north 15 degrees 26 minutes west a distance of 104.8 feet to a stake on the right-ofway of said railroad; thence in a northeasterly direction along said railroad right-of-way a distance of 406 feet to a stake; thence south 30 degrees 11 minutes east a distance of 169.42 feet to a stake; thence north 59 degrees 49 minutes east a distance of 486.27 feet to a stake on the east line of Land Lot 246; thence south 2 degrees 11 minutes west a distance of 805.17 feet to the center of the Stilesboro Road; thence south 67 degrees 21 minutes west along the center of the Stilesboro Road a distance of 625 feet; thence continuing along the center of Stilesboro Road south 72 degrees 11 minutes west a distance of 196.06 feet to a point; thence continuing along the center of said road south 79 degrees 09 minutes west a distance of 638 feet to a point; thence north 1 degree 47 minutes east a distance of 188 feet to a point on the south line of said Land Lot 246; thence west 1,320 feet to the point of beginning, said tract containing 60 acres, more or less.
Tract Number 14
All that tract or parcel of land lying and being in the State of Georgia and County of Cobb, and described as follows: beginning at a point where the Northeast corner of land now or formerly owned by J. M. Austin, intersects with the Northwest corner of land, now or for merly owned by Mrs. T. L. Bussey, and running thence South 88 rods, more or less, to the Easterlin property; thence west along said Easterlin property a distance of 3 rods; thence north 3 rods; thence west 15 rods to made corner; thence north 85 rods, more or less, to public road; thence east 18 rods to a starting point, same containing 10 acres, more or less, and being in Land Lot No. 286 of the 20th District and 2nd Section of Cobb County, Geor gia, and being the same property deeded by J. M. Austin to the City of Marietta and the County of Cobb, by deed dated January 13, 1905, recorded in Deed Book 77, page 425, public records, Cobb County, Georgia.
Tract Number 15
All that tract or parcel of land lying and being in Land Lot No. 283 of the 20th District, 2nd

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Section, Cobb County, Georgia, and beginning at a point on the eastern side of the Moun tain Road at the north line of the property formerly owned by F. R. Kirk, now by the United States of America, and running thence north 5 degrees 33 minutes east a distance of 127 feet to a point; thence continuing along the eastern side of said lot north 3 degrees 15 minutes east a distance of 299.17 feet to a point; thence continuing along the eastern side of said lot north no degrees 44 minutes east a distance of 138.67 feet to a point; thence north 83 degrees 31 minutes east 202.30 feet to the western line of the Kennesaw Mountain Bat tlefield Association property; thence south no degrees 24 minutes west a distance of 593.23 feet to the line of the said Kirk property now owned by the United States of America; thence in a westerly direction along the north line of said property a distance of 228.94 feet to the point of beginning, being a part of the same property conveyed to Thos. Annandale by W. S. N. Neal by deed dated August 20, 1900, recorded in Deed Book Z - page 439, Cobb County records.
Tract Number 16
All that tract or parcel of land lying and being in the 20th District, 2nd Section, Cobb County, Georgia, being a portion of Land Lot No. 320 of said district and section, more particularly described as follows: beginning at a point on the East line of said land lot 698.45 feet south of the Northeast corner of said land lot and running thence S1-26W 1,130.91 feet to a point; thence N38-26W a distance of 717.97 feet to a point; thence N33-53E a distance of 1,338.18 feet to the point of beginning on the East line of said land lot. Said tract is triangular in shape and contains 9.32 acres and is bounded as follows: On the South by the property of Channel!, on the West by property of G. W. Hardage Estate, on the East by the Eastern land lot line and property of F. R. Kirk. Said tract is shown by plat of the property of the G. W. Hardage Estate surveyed May, 1936, by John H. Saxon, Assistant Topographic Engineer, N. P. S.
Tract Number 17
All that tract or parcel of land situate, lying and being in the State of Georgia, and County of Cobb, and located in original Land Lot No. 320 of the 20th District and Second Section of said county, the same being in the shape of a triangle and bounded as follows: on the North by lands known as the G. W. Hardage Estate; on the East by lands now or formerly of F. R. Kirk; on the Southwest by lands of L. M. Channel!, and having the following courses and distances, viz.; beginning at the Southeast corner of said Lot No. 320, and being the point where the land herein described corners with the land of C. W. Manning, Lucius Hardage and L. M. Channell, and going thence North 1 degree 26'0" East 892.38 chains along the land now or formerly of F. R. Kirk to a corner; thence in a Westerly direction north 88 degrees 26' West 717.97 chains; thence in a southerly direction south 37 degrees 21 minutes east 1,146.22 chains, being the point of beginning, all of said tract or parcel of land containing 7.33 acres.
Tract Number 18
All that certain parcel of land situate in Cobb County, State of Georgia, described as fol lows: being a tract or parcel of land situated, lying and being in the 20th District and 2nd Section of Cobb County, Georgia, and known as 15.71 acres off of the Southeast corner of Land Lot 285, the same being in the shape of a parallelogram and being the same land conveyed by George F. Gober to D. N. Anderson by deed dated September 14, 1888, re corded in Deed Book 'K,' page 596, of the records of Cobb County, Georgia.
Tract Number 19
All that certain parcel of land situate in Cobb County, State of Georgia, described as fol lows: being all of Land Lot 42 and parts of Land Lots 33 and 107 in the 19th District and 2nd Section of Cobb County, Georgia, described by metes and bounds as follows: beginning at the SW corner of said Land Lot 107, and running thence N 1 degree 39 minutes E 13.30 feet along the Westerly line of said Land Lot to the NW corner thereof; thence N 0 degree 58 minutes E 2,352.62 feet along the Westerly line of Land Lots 42 and 43 to a point in the

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center of Dallas Road; thence following the center line of said road the following courses and distances; N 89 degrees 52 minutes E 379.08 feet to a point; thence N 85 degrees 4 minutes E 177.49 feet to a point; thence N 77 degrees 48 minutes E 171.63 feet to a point; thence N 73 degrees 32 minutes E 318.63 feet to a point; thence N 77 degrees 33 minutes E 284.63 feet to a point; thence leaving the center line of said road and running S 1 degree 0 minutes W 2.606.13 feet along the Easterly lines of said Land Lots 33 and 42 to the NE corner of said Land Lot 107; thence N 88 degrees 33 minutes W 672.35 feet along the Northerly line of said Land Lot 107 to a point; thence S 0 degree 38 minutes W 1,333.22 feet to a point, and thence N 86 degrees 56 minutes W 653.47 feet along the Southerly line of said Land Lot 107 to the point of beginning, containing 92.77 acres of land, more or less.
Tract Number 20
All that certain parcel of land situate in Cobb County, State of Georgia, described as fol lows: all of Land Lot No. 1010 of the 16th District and 2nd Section of Cobb County, Geor gia, containing 40 acres.
Tract Number 22
All that tract or parcel of land lying and being in the 20th District, 2nd Section of Cobb County, Georgia, and being a part of Land Lot 246 of said District and Section, more partic ularly described as follows: beginning at the Northeast corner of said land lot, and running thence south along the Eastern line of said land lot a distance of 1,305 feet to a point where the said land lot line intersects the right-of-way of the N. C. & St. L. Railway (also known as W. & A. Railroad); thence running in a Southwesterly direction along the Northwestern side of said railroad right-of-way a distance of 1,000 feet to the Southeast corner of the old railroad woodyard property; thence north along the Eastern line of said woodyard property 105 feet to a corner; thence south 76 degrees 50 minutes west along the Northern line of said woodyard lot 420 feet to a point; thence north 13 degrees 10 minutes west 548 feet along the line of the property of Anna Cross Young to a point; thence north 89 degrees 58 minutes west 1,012 feet along the Northern line of said Young property to a point; thence north still along the property of Anna Cross Young a distance of 1,335 feet crossing the Dixie Highway and continuing north to a marble corner on the North Land lot line of said Land Lot 246; thence east along the North line of said land lot 730 feet to a point; thence south 100 feet to a point; thence south 72 degrees 20 minutes east 248 feet to a point; thence north 42 degrees 47 minutes east a distance of 255 feet to a point; thence south 40 degrees east a distance of 206 feet; thence north 29 degrees 45 minutes east a distance of 173 feet to the North line of said land lot; thence east along the North line of said land lot 1,094 feet to the point of beginning. Said tract contains in the aggregate 78.72 acres, as per plat of A. T. Merritt, Jr., C. E., October 16, 1937. There is excepted from the above described property the land in cluded in the Dixie Highway State Route #3, U. S. Route #41, running through said prop erty. The whole tract including the highway right-of-way contains 82.04 acres.
Tract Number 23
All that tract and parcel of land lying and being in the State of Georgia and County of Cobb, and being part of original Land Lot 180 of the 19th Land District and 2nd Section of said county, the same containing 3.21 acres and described as follows: beginning at the Northeast corner of said Lot 180 and running thence South no degrees and 15 minutes west a distance of 715.13 feet along the East line of said lot and the West line of Lot 181 to the center line of the John Ward Road; thence along the center line of said road in a westwardly direction a distance of 253.8 feet to a point; thence North 1 degree and 58 minutes East a distance of 607.2 feet to the North line of said original Lot; thence along original North line of said Lot 180, 89 degrees and 14 minutes east a distance of 200 feet to point of beginning.
Tract Number 24
All that tract or parcel of land lying and being in the 16th District, 2nd Section of Cobb County, Georgia, and being known as original Land Lot No. 1007 of said District and Sec tion, said Lot being more particularly described as follows: beginning at the Southeast cor ner of said original land lot and running thence north 89 degrees, 0 minutes west a distance

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of 1,434.17 feet to the Southwest corner of said Land Lot; thence north 1 degree 50 minutes east a distance of 1,508 feet along the line of the Kennesaw Mountain Battlefield Associa tion to the Northwest corner of said land lot; thence south 88 degrees, 25 minutes east along the line of Kennesaw Mountain Battlefield Association 1,422.54 feet to the Northeast corner of said land lot; thence south 1 degree, 24 minutes west a distance of 1,492.76 feet along the line of the property of Mrs. Annie C. Young and G. W. Kirk to the Southeast corner of said land lot and point of beginning. Being the same property deeded to George Maxwell Kirk by G. W. L. Kirk, Trustee, August 21, 1931, by deed recorded in Deed Book 106, page 369, Cobb County records.
Tract Number 25
All that tract or parcel of land lying and being in the 19th District, 2nd Section of Cobb County, Georgia, and being the Southwest quarter of Land Lot No. 181 of said District and Section, containing 10 acres, more or less, and being all of the property in said land lot conveyed to Charles M. Brown by John H. Boston, by deed recorded June 17, 1935, in Deed Book 115, page 518, Cobb County records.
Tract Number 26
All that tract or parcel of land situate, lying and being in the 19th District and 2nd Section of Cobb County, Georgia, and described as follows: Land Lot No. 182 containing 40.29 acres, more or less; Land Lot No. 183 containing 45.69 acres, more or less; Land Lot No. 188 containing 43.42 acres, more or less; Land Lot No. 189 containing 37.03 acres, more or less; west half (W !/2) of Land Lot No. 187 containing 19.38 acres, more or less. All of said de scribed land lying in one body of 185.81 acres, more or less, as shown on plat made by W. W. McCulloch, County Surveyor, in March, 1914, recorded in the office of the Clerk of the Superior Court of Cobb County, Georgia, in Book #1, Folio 378-379. Being part of the same premises conveyed to said John Hancock Mutual Life Insurance Company by Deed Under Power of Sale dated January 7, 1935, and recorded in the office of the Clerk of the Superior Court of said Cobb County, in Book 117, page 132.
Tract Number 27
All that tract or parcel of land, situate, lying and being in the State of Georgia and County of Cobb, and being lands in original Lots Nos. 321 and 326 of the 20th District and 2nd Section in said County, and also tracts in original Land Lots Nos. 33 and 34 of the 19th District and 2nd Section in said County, all said lands lying in one contiguous body and forming one tract, and located westerly from the City of Marietta, on a public road known as Marietta-Dallas Road, and more particularly described and bounded as follows: beginning at a point on the West original boundary of said Lot No. 326, which point is 231 feet north of the Southwest corner of said Lot, being at corner of lands of Lucius Hardage and J. J. Hardage, and run thence from said point in a southeasterly direction in a straight line along boundary of lands of J. J. Hardage to the South boundary of said Lot 326 and to north boundary of said Lot No. 33; thence continuing in same straight line into Lot 33 a distance of 330 feet to the center of the aforementioned road; thence northeasterly along center of said road to the East line of said Lot No. 33 and west line of Lot 34 in said 19th Land District; continuing thence along center of said road through Lot 34 to the North boundary thereof; and continuing thence along center of said road into Lot No. 326 to a point which is on a line and 170 feet north of the South line of said Lot; thence North through said Lot a distance of 2,468.06 feet to the North line of said Lot and to south line of Lot 321; thence east along south line of said Lot 321 a distance of 642.05 feet to southeast corner of said Lot 321; thence north along east original boundary of said Lot a distance of 1,276.29 feet to a corner at the boundary of the F. R. Kirk land; thence southwesterly along his line a distance of 1,265.75 feet to a corner marked by a rock in bed of creek; thence south along the F. R. Kirk line 660 feet to north line of Lot 326; thence west along said line 800.44 feet to a point near the creek; thence in a Northwesterly course and direction around the curved formation of the bluff line forming the division line between the bottom lands and high lands on north side of the creek in said Lot No. 321, said bluff line being defined by courses running west erly, southerly and northerly and last northwesterly to the west original line of said Lot 321,

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and along the boundary line of the F. R. Kirk property in said Lot; thence south along said original west line to northwest corner of Lot No. 326; and continuing thence south along west line of said Lot 2,416.74 feet to beginning point. Said tract containing in all 145 acres, more or less, and is bounded on the North by F. R. Kirk lands, east by C. W. Manning; South by C. W. Manning and J. J. Hardage; and west by Lucius Hardage; and west by Lucius Hardage and L. M. Channell and others.
Tract Number 28
All that tract or parcel of land situate, lying and being in Land Lots Number 246 and 249 of the 20th District, 2nd Section of Cobb County, Georgia, being 2 acres, more or less, in the Southeast corner of said Land Lot 246 and 28 acres, more or less, in the Northeast corner of Land Lot 249 of said District and Section, more particularly described as follows: beginning at a point formed by the intersection of the South side of the Stilesboro Road with the Eastern line of Land Lot No. 246, and running thence in a southwesterly direction along the Southern side of said Stilesboro Road to the intersection of the South side of said road with a settlement road; thence in a southerly direction along said settlement road a distance of 1,178 feet, more or less, to the North line of the property of Mrs. Sallie Ashley; thence south 88 degrees, 58 minutes east along the said Ashley property for a distance of 960 feet to the East line of Land Lot 249; thence north 2 degrees 11 minutes east a distance of 1,505 feet to the South side of the said Stilesboro Road and point of beginning. Being the same property conveyed by H. P. Presley to Jewell Holcomb by warranty deed dated March 1, 1933, re corded in Deed Book 109, page 544, Cobb County records.
Tract Number 29
All that tract or parcel of land situate, lying and being in Land Lots 247 and 248 of the 20th District, 2nd Section of Cobb County, Georgia, more particularly described as follows: be ginning at the Southeast corner of the tract above described in Tract Number 28, and run ning thence south along the Eastern line of Land Lot 249 a distance of 80 feet to a point; thence north 40 degrees, 37 minutes east along the property of Kennesaw Mountain Battle field Association a distance of 158 feet to a point; thence north 2 degrees 11 minutes east along the property of H. L. Hyde a distance of 1,410 feet to the South side of the Stilesboro Road; thence west 104.35 feet to the Eastern line of Land Lot No. 246; thence south along the Eastern line of Land Lots 246 and 249 a distance of 1,505 feet to the point of beginning at the Southeast corner of the tract before described in Tract No. 28.
Tract Number 30
All that tract or parcel of land lying and being in Land Lot 83 of the 19th District, 2nd Section of Cobb County, Georgia and Land Lot 326 of the 20th District, 2nd Section of Cobb County, Georgia, more particularly described as follows: beginning at a point in the center of the Marietta-Dallas Road formed by the intersection of the West line of Land Lot No. 33 with the center of said road, and running thence in an easterly direction along the center of said road to a point on the line of the property of C. W. Manning; thence in a northwesterly direction along the property of C. W. Manning to the North line of said Land Lot No. 33; thence continuing in a northwesterly direction following a ditch in said Land Lot No. 326 of the 20th District, 2nd Section to the Western line of said Land Lot No. 326; thence south along said land lot line to the district line separating the 20th and the 19th Districts of said county; thence westerly along said district line 256.9 feet to the Northwest corner of said Land Lot No. 33; thence south along the Western line of said Land Lot No. 33 a distance of 282.56 feet to the point of beginning in the center of the Marietta-Dallas Road; being part of the same property conveyed to J. J. Hardage by V. B. Channell March 7, 1906, recorded in Deed Book "HH," page 630, Cobb County records, and deed from C. W. Manning to J. J. Hardage, dated March 7, 1906, recorded in Deed Book "HH," page 632, Cobb County records.
Tract Number 31
All that tract or parcel of land lying and being in Land Lots 32 and 43 of the 19th District, 2nd Section of Cobb County, Georgia, more particularly described as follows: beginning at

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the Southeast corner of Land Lot 43 and running thence north along the East line of Land Lot 43 and the East line of Lot 32 a distance of 2,168.4 to the corner in the road known as the John Ward or Cheatham Hill Road where the Eastern line of Land Lot 32 intersects the middle of said road, which point of intersection is 172 feet, more or less, south of the inter section of said road with the Dallas Road; running thence southwesterly along the center of the said John Ward or Cheatham Hill Road through Land Lots 32 and 48 a distance of 2,150 feet, more or less, to a stake; thence south parallel with the eastern line of said Land Lot 48 and 660 feet, more or less, therefrom to the South line of said Land Lot, said point being the center of the Southern line of said Land Lot; thence east along the Southern line of said Land Lot 660 feet, more or less, to the point of beginning, being a part of the same property conveyed to Mrs. Izie* Goggins by James Goggins by deed dated March 7, 1903, recorded in Deed Book "BB" page 658, Cobb County records.
Tract Number 32
All that tract or parcel of land lying and being in Cobb County, Georgia, being parts of Lots Number Two Hundred Forty-Seven (247) and Number Two Hundred Forty-Eight (248) of the Twentieth (20th) District, Second (2nd) Section of said county, and Land Lot Number nine hundred thirty-six (936) of the Sixteenth (16th) District, Second (2nd) Section of said county, said tract being more particularly described as follows: Beginning at a point where the western line of said Land Lot #247 intersects the southern margin of the MariettaKennesaw Road, known as the Dixie Highway, and running thence south 72 degrees 57 min utes east along the southern side of said highway across the Stilesboro Road to the point where the eastern margin of said Stilesboro Road intersects the southern margin of said highway; thence in a northeasterly and easterly direction following the southern margin of the old Marietta-Kennesaw Highway to the point where the said old road intersects the eastern line of said Land Lot # 936; thence south along the eastern line of said Land Lot # 936 crossing the present paved Dixie Highway four hundred twenty-eight (428) feet to the property of the Kennesaw Mountain Battlefield Association; thence following the northern line of the Kennesaw Mountain Battlefield Association property in a southwesterly westerly direction fifteen hundred forty-two (1542) feet to the southwestern corner of Land Lot # 936; thence west following the line of the Kennesaw Mountain Battlefield Association prop erty into Land Lot No. 248 for a distance of three hundred forty-five (345) feet; thence southwesterly still following the line of the Kennesaw Mountain Battlefield Association property a distance of eleven hundred twelve (1112) feet to a point one hundred four and 35/100 (104.35) feet from the western line of said Land Lot # 248 into the 20th District, 2nd Section of said county; thence north parallel with the western line of Land Lot # 248 and crossing the north line of said Land Lot # 248 and continuing north parallel with the west ern line of said Land Lot # 247 and one hundred four and 35/100 (104.35) feet east there from, a distance of sixteen hundred (1600) feet to the center of the said Stilesboro Road; thence west one hundred four and 35/100 (104.35) feet to the western line of Land Lot # 247; thence north along the western line of said land lot a distance of nine hundred twentyfive (925) feet to the point of beginning. Being the same property conveyed to Homer L. Hyde by George D. and T. P. Redd, Execu tors, by deed dated April 10, 1920, recorded in Deed Book 67, page 111, except that portion of said property conveyed by said Homer L. Hyde to Kennesaw Mountain Battlefield Asso ciation, by deed dated March 31, 1924, recorded in Deed Book 79, page 245, Cobb County records, and the small strip one-half acre wide crossing the western line of Land Lots # 247 and # 248 conveyed by the said Homer L. Hyde to Mrs. Jewel Holcomb.
Tract Number 33
All that certain parcel of land being a part of Land Lot No. 287 of the 20th District, 2nd Section, of Cobb County, Georgia, containing 112.91 acres, more or less, of land and de scribed by metes and bounds as follows: BEGINNING at the southwest corner of said Land Lot 287 and thence south 88 degrees 21 minutes east 2,641.97 feet to the SE corner of said lot; thence along the east line of said lot north 2 degrees 13 minutes east 1,361.95 feet to a point; thence north 88 degrees 15 minutes west 1,663.92 feet to a point; thence north 41 degrees east 1,327.84 feet to a point in the north line of said lot; thence along the north line

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of said lot and thence along the west line of said lot south 2 degrees 00 minutes west 2,722.06 feet to the point of beginning.
Tract Number 34
All that certain parcel of land situate in Cobb County, State of Georgia, described as fol lows: Being a part of Land Lot 181 in the 19th District and 2nd Section of Cobb County, State of Georgia, described by metes and bounds as follows:
BEGINNING at the SE corner of said Land Lot 181 and running thence N 0 degrees 27 minutes E 1377.79 feet along the easterly line of said Land Lot to the northeast corner thereof; thence north 88 degrees 46 minutes west 1372.19 feet along the northerly line of said Land Lot to the northwest corner thereof; thence south 0 degrees 15 minutes west 675.18 feet along the westerly line of said Land Lot to a point; thence south 89 degrees 8 minutes E 670.46 feet to a point; thence south 0 degrees 36 minutes east 703.76 feet to a point; and thence south 88 degrees 28 minutes east 686.48 feet along the southerly line of said Land Lot to the point of beginning, containing 30 acres of land, more or less.
Tract Number 35
Being that certain parcel of land situated in Cobb County, State of Georgia, described as follows: Beginning at a point where the old Marietta-Kennesaw Highway joins the United States Highway No. 41 in Land Lot # 936, 16th District and 2nd Section; thence along the North side of United States Highway No. 41 to where the old Marietta-Kennesaw Highway leaves highway, and running in a northwestwardly direction through the center of the old Marietta-Kennesaw Highway for a distance of 250 feet to a point in the center of said high way, this lot and point being in Land Lot # 247, 20th District, and 2nd Section; thence southeastwardly through Land Lot # 247, 20th District and 2nd Section, and Lot # 865, 16th District and 2nd Section, 1325 feet to a point on the South line of said Land Lot # 865 in the 16th District, thence along this lot line, same being the south line of Land Lot # 865 and the north line of Land Lot # 936 both in the 16th District, being a distance of 490 feet to the intersection of Land Lots Nos. 865, 866, 935 and 936; thence south along the lot line between Land Lots Nos. 865 and 866 and along the west side of the settlement road a distance of 175 feet to the middle of Old Marietta-Kennesaw Highway; thence westwardly, running with the middle of the Old Marietta-Kennesaw Highway; to the point of beginning, containing 6 acres, more or less.
Tract Number 36
Being all that tract or parcel of land situate in Cobb County, State of Georgia, described as follows:
All that parcel of land situate, lying and being in Land Lot # 330 of the 19th District, 2nd Section of Cobb County, Georgia, more particularly described as follows:
Beginning at the northeast corner of said land lot and running thence south along the east ern line of said land lot 660 feet to a stake; thence west parallel with the north line of said land lot 660 feet to a stake; thence north parallel with the east line of said land lot 660 feet to the north line of said land lot; thence east along said land lot line 660 feet to the point of beginning; the same being square and containing ten (10) acres of land.
Tract Number 37
Being all that tract or parcel of land situate in Cobb County, State of Georgia, described as follows:
All that tract or parcel of land situate, lying and being in Land Lot # 322 of the 20th District, 2nd Section of Cobb County, Georgia, being more particularly described as follows:
Beginning at a point on the north line of said Land Lot 99.25 feet west of a marble post marking the northeast corner of said land lot; said beginning point being in the center of a small stream or branch intersecting the north line of said land lot; running thence west along the north line of said land lot a distance of 2542.72 feet to the northwest corner of said land lot; thence south along the western line of said land lot 1208.42 feet to a stake,

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thence north 56 degrees 63 minutes east a distance of 803.55 feet to the center of a creek running through the northern side of said land lot; thence following the meanderings of said creek in a northeasterly direction to the point where said creek intersects the branch men tioned above; thence in a northeasterly direction along the center of said branch to the point of beginning.
Said tract above described contains 32.61 acres and is a part of the property known as the Delk mill tract in the northern side of Land Lot 322 of the 20th District, 2nd Section of said County.
Tract Number 38
Being parts of Land Lots 283, 288 and 321 in the 20th District and 2nd Section of Cobb County, State of Georgia, described by metes and bounds as follows:
BEGINNING at the northeast corner of Land Lot 321 which point is marked by a marble stone and running thence north 2 degrees 0 minutes east 2,722.06 feet along the easterly line of Land Lot 288 to the northeast corner of said Land Lot 288 marked by a marble stone; thence north 0 degrees 24 minutes east along the easterly line of Land Lot 283 621.26 feet to a point; thence north 86 degrees 42 minutes west 228.94 feet; thence south 5 degrees 33 minutes west 375.19 feet to a point; thence south 14 degrees 45 minutes west 264.26 feet to a point; thence south 50 degrees 43 minutes west 92.08 feet to a point; thence south 45 de grees 15 minutes west 145.27 feet to a point; thence south 4 degrees 47 minutes west 422.30 to a point; thence south 27 degrees 11 minutes west 202.34 feet to a point; thence south 34 degrees 49 minutes west 132.45 feet to a point; thence south 18 degrees 19 minutes west 300.60 feet to a point; thence south 3 degrees 38 minutes east 146.64 feet to a point; thence south 6 degrees 9 minutes east 338.66 feet to a point; thence north 81 degrees 33 minutes west 480.15 feet to a point; thence south 1 degree 10 minutes west 1129.39 feet to a point; thence north 38 degrees 29 minutes west 1387.40 feet along the northerly line of said Land Lot 321 to the NW corner of said Land Lot 321 marked by an iron pin; thence south 1 degree 26 minutes west 2405.87 feet along the westerly line of said Land Lot 321 to a point; thence south 40 degrees 55 minutes east 158.96 feet to a point; thence north 84 degrees 48 minutes east 109.50 feet to a point; thence north 65 degrees 38 minutes east 148.50 feet to a point; thence south 57 degrees 59 minutes east 266.20 feet to a point; thence south 23 de grees 42 minutes east 158.36 feet to a point; thence south 88 degrees 17 minutes east 800.44 feet along the southerly line of said Land Lot 321; thence north 1 degree 51 minutes east 660 feet to a point; thence north 62 degrees 35 minutes east 1265.75 feet to a point and thence north 1 degree 3 minutes east 1456.21 feet along the said easterly line of said Land Lot 321 to the point of beginning, containing 189.45 acres of land, more or less.
Tract Number 39
All that certain parcel of land situate in Cobb County, State of Georgia, described as fol lows: Being a part of Land Lot 331 in the 19th District and 2nd Section of Cobb County, State of Georgia, described by metes and bounds as follows:
BEGINNING at the northwest corner of said Land Lot 331 and running thence south 1 degree 47 minutes west 1336.32 feet along the westerly line of said Land Lot to the south west corner thereof; thence north 46 degrees 23 minutes east 592.5 feet to a point; thence north 58 degrees 13 minutes east 294.24 feet to a point; thence north 1 degree 47 minutes east 772.24 feet to a point and thence north 88 degrees 46 minutes west 661.58 feet along the northerly line of said Land Lot to the point of beginning, containing 15.00 acres of land, more or less.
Tract Number 40
All that certain parcel of land situate in Cobb County, State of Georgia, described as follows:
Being all of Land Lots 257 and 262 in the 19th District and 2nd Section of Cobb County, State of Georgia, containing 83 acres of land, more or less.

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Tract Number 41
All that certain parcel of land situate in Cobb County, State of Georgia, described as follows:
Being all that tract or parcel of land situate, lying and being in Land Lot # 263, in the 19th District and 2nd Section of Cobb County, Georgia, containing 10 acres of land, more or less, and being the southeast quarter of said land lot, more particularly described as follows:
Beginning at the southeast corner of said land lot and running thence 88 degrees 36 minutes west along the south line of said land lot a distance of 660 feet; thence north 1 degree 11 minutes east, 660 feet, to a point; thence south 88 degrees 36 minutes east 663.45 feet to the east line of said land lot; thence south 129 degrees west along the east line of said Land Lot 659.80 feet to the point of beginning.
Tract Number 42
Parcel No. 1
Being all that tract or parcel of land lying and being in Land Lots 286 and 287 of the 20th District and 2nd Section of Cobb County, Georgia, more particularly described as follows:
Beginning at the northeast corner of Land Lot # 287, running thence south along the east line of said land lot to a point marking the boundary of the property between the property herein described and the property now or formerly belonging to B.F. Reed, known as the Easterlin property, and running thence west parallel with the north line of said land lot to a corner marking the southwest corner of the property herein described; thence running north parallel with the east line of said Lot # 287, along said Reed property line to the north line of said land lot; thence east along the north line of said land lot the point of beginning; being approximately 60 acres out of the northeast corner of said land lot, and being all of said land lot except what is known as the Reed or Easterlin property.
Parcel No. 2
All that tract or parcel of land lying and being in Land Lots 286 and 287 of the 20th District and 2nd Section of Cobb County, Georgia and being more particularly described as follows:
Beginning at the northwest corner of Fractional Lot #286 of the 20th District and 2nd Sec tion of Cobb County, Georgia, and running thence east along the north line of said land lot to the northwest corner of tract conveyed to Marietta and Cobb County January 13, 1905, by J. M. Austin by deed recorded in Deed Volume 77, page 425; thence running south along the western line of said property to the southwest corner thereof; thence west parallel with the north line of said Land Lot # 286, to the western line of said land lot; thence north along the west line of said land lot to the point of beginning.
Said last tract (Parcel No. 2) has an exception consisting of ten (10) acres in the northeast corner of said Land Lot # 286, which is described in a deed from J. M. Austin to the City of Marietta and Cobb County, Georgia, dated January 13, 1905, recorded in Deed Book 77, page 425, the records of Cobb County, Georgia. Said tract consists of 36 acres, more or less, and less the exception of ten (10) acres in the Northeast corner of said Lot 286.
Tract Number 43
All that tract or parcel of land situated, lying and being in the northwest corner of original Land Lot No. #249 of the 20th District and 2nd Section of Cobb County, Georgia, more particularly described as follows: Beginning at the original northwest corner of said land lot and running thence south 88 degrees and 48 minutes east along the original north line of said land lot for a distance of 1342.33 feet to a point and corner; thence S1-46-30W for a distance of 380.86 feet to a point and corner; thence S85-10-30W for a distance of 818.17 to a point; thence S79-28-50W for a distance of 534.10 feet to a point on the original west line of said land lot; thence north 1 degree and 2 minutes east along the original west line of said land lot for a distance of 575.03 feet to beginning point, said tract containing 14.20 acres.
Tract Number 44
All that tract or parcel of land lying and being in the 19th District and 2nd Section of Cobb County, Georgia, and being 6.66 acres, more or less, out of the southeast corner of original

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Land Lot No. 266 and being more fully described as follows: Beginning at the original southeast corner of said land lot and running north 87 degrees and 37 minutes west for 451.11 feet along the original land line of the south side of said land lot to a point on said land line; thence north 3 degrees 23 minutes and 20 seconds west for 606.98 feet to a point; then running north 89 degrees and 25 minutes east for 489.14 feet to a point on the original land line of the eastern side of said land lot; thence south no degrees and 14 minutes west for 630.00 feet to point of beginning, said tract containing 6.66 acres of land more or less.
Parcel #1 Two and forty three one hundredths (2.43) acres out of the southwest part of original Land Lot No. 337 and off of the east side or portion of Land Lot No. 338 in the 19th District and 2nd Section, Cobb County, Georgia and commencing at a point in said Land Lot No. 337, on the south side of the Marietta-Powder Springs Road where the center of the old Phillips Farm Road, now a public road, intersects with said Powder Springs Road, and running along the center of the Phillips Farm Road south 00 degrees and 40 minutes and 30 seconds east for 226.80 feet to a point in the center of said road; thence leaving road and running north 86 degrees and 40 minutes west for 63.0 feet; thence south 00 degrees and 40 minutes and 30 seconds east 51.5 feet; thence south 86 degrees and 40 minutes east 63.0 feet to the center line of above mentioned road; thence along center line of said road south 00 degrees 40 minutes and 30 seconds east for a distance of 174.40 feet; thence leaving road and running south 88 degrees and 45 minutes west for 230.18 feet to a point in Land Lot 338; thence north 44 degrees and 27 minutes and 40 seconds west 236.92 feet to a point on south boundary of said Powder Springs Road; thence north 53 degrees and 33 minutes east 485.78 feet, along south side of said road to the point of beginning, said tract being bounded on the north by said Powder Springs Road; East by Kolb Cemetery and the center of said Phillips Farm Road which separates this tract from land now, or formerly, belonging to C. M. Head; south and southwest by land of W. F. Brooks, containing 2.43 acres, more or less.
Parcel #2 Fifteen and five one-hundredths (15.05) acres out of the western portion of Land Lot 338, in the 19th District and 2nd Section, Cobb County, Georgia more particularly de scribed as follows: Commencing at a point on the north side of the Powder Springs Road and running north 28 degrees and 05 minutes and 40 seconds west for 160.06 feet to a point; thence north 88 degrees and 6 minutes west for 552.63 feet to a point; thence north 49 minutes east for 971.36 feet to a point thence north 77 degrees and 34 minutes east for 318.73 feet to a rock corner; thence south 29 degrees and 47 minutes east for 1149 feet to a point at said Powder Springs Road; thence south 53 degrees and 33 minutes west for 150.48 feet along said road to a point; thence south 52 degrees and 36 minutes west for 184.97 feet to the point of beginning, containing 15.05 acres, more or less.
Tract Number 45
Commencing at a point in the center of Marietta-Dallas Public Road and on the south land line of Lot No. 327 of the 20th District and 2nd Section of Cobb County, Georgia and at a point 1464.60 feet from the southeast corner of said land lot, and running thence N89-1340W for a distance of 128.10 feet to a point in center of said road; thence N 3-54W for a distance of 949.94 feet to a point; thence N 1-02-25E for a distance of 770.00 feet to a corner; thence S 87-57-30E for a distance of 210.00 feet to a point; thence S 1-02-25W for a distance of 1716.14 feet to original point of beginning, containing 7.38 acres.
Tract Number 46
All that tract or parcel of land situate, lying and being in Original Land Lots Nos. #282 and #283 of the 20th District and 2nd Section of Cobb County, Georgia, more particularly de scribed as follows: Beginning at the original northwest corner of said Land Lot No. #283 and running thence S88-52-20E along the original North line of said land lot for a distance of 149.17 feet to a point; thence S2-38-OOW for a distance of 1376.54 feet to a point, thence S24-07-40W across original land line separating lots Nos. #282 and #283 for a distance of 1369.43 feet to a point on the original south line of said Land Lot No. #282; thence N89-2540W along the original south line of said Land Lot No. #282 for a distance of 881.31 feet to a point which is the southwest corner of the east half of said Land Lot No. #282; thence N36-04-10E for a distance of 1618.63 feet to a point; thence N4-12-10W for a distance of

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1325.04 feet to a point on the original north line of said Land Lot No. #282; thence S88-46E along the original north line of said Land Lot No. #282 for a distance of 499.25 feet to beginning point which is also the northeast corner of said Land Lot No. #282. Said tract contains 38.33 acres, the larger part of which lies in said Land Lot No. #282, all in said District and said Section, containing 38.33 acres.
Tract Number 47
Beginning at the northwest corner of original Land Lot No. 328 19th District and 2nd Sec tion of Cobb County, Georgia and thence running south 89 degrees east along the original land line for 360 feet to a point on said land line; thence south 2 degrees and 13 minutes west for 1195.88 feet to a point on the original land line of the south side of said land lot; thence north 88 degrees and 26 minutes west for 52 feet to a point on said land line; thence north 16 degrees 27 minutes and 40 seconds west for 478.47 feet to a point; thence North 55 degrees 20 minutes and 40 seconds west, crossing into Land Lot No. 327, for 673.43 feet to a point in said Land Lot No. 327; thence north 3 degrees 23 minutes and 20 seconds west for 377.21 feet to a point on the original land line of the northern side of Land Lot No. 327; thence south 87 degrees and 37 minutes east for 451.11 feet to the point of beginning, said tract of land being bounded on the north by lands of A. D. Barfield and Mrs. Mattie Smith; on the east by land of Mrs. Mattie Smith; and on the south by land of J. E. Mozley, and containing 12.24 acres.
Tract Number 48
All that tract or parcel of land situate, lying and being in the 20th District, 2nd Section of Cobb County, Georgia, being parts of Land Lots Nos. 289 and 320 of said district and sec tion, more particularly described as follows: Beginning at the northeast corner of Land Lot No. 320, said beginning point being the southeast corner of Land Lot No. 289, and running thence south 1 degree, 24 minutes west along the east line of said Land Lot No. 320 a distance of six hundred ninety-eight and forty-five hundredths (698.45) feet to a monument marking the corner of the property of the United States; running thence south 35 degrees, 50 minutes west along the property of the United States a distance of thirteen hundred thirty-eight and eighteen hundredths (1338.18) feet to a monument marking another corner of the property of the United States; thence north 88 degrees, 26 minutes west a distance of eight hundred seventy-one and twenty-eight hundredths (871.28) feet to a corner; thence north 2 degrees, 10 minutes, 20 seconds east through Land Lots Nos. 320 and 289 a distance of Thirty-one hundred twenty-two and twenty-four hundredths (3122.24) feet to a point in the center of the Burnt Hickory Road; thence north 10 degrees, 17 minutes east a distance of fourteen hundred seven and fifty-two hundredths (1407.52) feet to a point on the north line of said Land Lot No. 289; thence south 89 degrees, 26 minutes east along the north line of said land lot a distance of 49 feet to a corner; thence south 1 degree, 13 minutes west a distance of thirteen hundred ninety and fifty hundredths (1390.50) feet to a corner in the center of said Burnt Hickory Road; thence south 89 degrees, 05 minutes east along the center of said road a distance of five hundred twenty-four and forty-five hundredths (524.45) feet to a point; thence south 84 degrees, 20 minutes east continuing along the center of said road a distance of seven hundred thirty-six and ninety-five hundredths (736.95) feet to the east original line of said Land Lot No. 289; thence south 1 degree, 01 minutes west along the east line of said land lot a distance of twelve hundred forty-eight and thirty-two hundredths (1248.32) feet to the point of beginning, said described tract containing 107.60 acres.
Tract Number 49
All that tract or parcel of land situate, lying and being in Land Lots Nos. 330 and 337 of the 19th District, 2nd Section of Cobb County, Georgia, more particularly described as follows: Beginning at a point on the eastern line of Land Lot No. 330 at a monument marking the southeastern corner of a 10 acre tract in the northeast corner of said lot, and running thence south 1 degree, 42 minutes, 30 seconds west a distance of 367.60 feet to the northwestern side of the Powder Springs Road; thence south 53 degrees, 33 minutes west along the north western side of said road a distance of 1599.24 feet to a point on the northwestern side of

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said road at the intersection of the western side of the John Ward Road with the northwest ern side of Powder Springs Road; running thence north 1 degree, 17 minutes, 30 seconds west along the western side of John Ward Road a distance of 649.39 feet to a point; thence north 88 degrees, 26 minutes West a distance of 10 feet; thence north 0 degrees, 15 minutes, 40 seconds east a distance of 120.95 feet to a point on the western side of said John Ward Road; thence south 52 degrees, 25 minutes east a distance of 346.77 feet to a point on the northern side of Land Lot No. 337; thence north 65 degrees, 12 minutes, 30 seconds east crossing the north line of said Land Lot No. 337 a distance of 700.14 feet to a point in Land Lot No. 330; thence north 32 degrees, 41 minutes, 10 seconds east a distance of 556.44 feet to a point on the south line of the property of the U. S. Government above mentioned; thence south 88 degrees, 40 minutes, 30 seconds east a distance of 110.03 feet to the point of beginning, containing 10.75 acres.
Tract Number 50
All that tract or parcel of land situate, lying and being in Land Lot No. 266 of the 19th District, 2nd Section of Cobb County, Georgia, more particularly described as follows:
Beginning at the northeast corner of said Land Lot No. 266 and running thence south 0 degrees, 14 minutes west a distance of 715 feet along the eastern line of said land lot to a point on said land lot line; thence south 89 degrees, 25 minutes west a distance of 120 feet; thence north 2 degrees, 30 minutes west a distance of 727.32 feet to the north line of said land lot; thence south 86 degrees, 16 minutes east a distance of 155 feet along the north line of said land lot to the point of beginning. Said tract being bounded on the north by the property of W. T. Hicks; on the east by property of Mattie Dobbs Smith; on the south by the property of A. D. Barfield; and on the west by the property of Mattie Dobbs Smith, containing 2.27 acres.
Tract Number 51
All that tract or parcel of land situate, lying and being in original Land Lot No. 289 of the 20th District and 2nd Section of Cobb County, Georgia, being 28.71 acres of land lying in the northeast corner of said lot and being more particularly described as follows: Commenc ing at the original southeast corner of said Land Lot #289 and running thence north 1 degree and 1 minute east along the original east line of said Land Lot #289 for a distance of 1248.32 feet to a point in the center of the Burnt Hickory Road, thence in a westerly direc tion along the center of said Burnt Hickory Road for a distance of 571.5 feet to a point, which point in said road is the beginning point of the land herein described; thence north 84 degrees and 20 minutes west along the center of Burnt Hickory Road for a distance of 165.45 feet to a point; thence north 89 degrees and 5 minutes west, along the center of Burnt Hickory Road for a distance of 524.45 feet to a point; thence north 1 degree and 13 minutes east for a distance of 1390.5 feet to a point on the original north line of said land lot; thence south 89 degrees and 26 minutes east along the original north line of said land lot; thence south 89 degrees and 26 minutes east along the original north line of said land lot for a distance of 832.31 feet to a point; thence south 13 degrees and 7 minutes east for a distance of 776.68 feet to a point; thence south 28 degrees and 10 minutes west for a dis tance of 737.53 feet to beginning point, containing 28.71 acres.
Tract Number 52
All that tract or parcel of land situate, lying and being in Land Lots Nos. 337 and 338 of the 19th District, 2nd Section of Cobb County, Georgia, more particularly described as follows: Beginning at the northwest corner of Land Lot # 338 of said District and Section and run ning thence along the north line of said lot south 88 degrees and 26 minutes east, 1334.13 feet to the northeast corner of said lot, this being identical to southeast corner of land lot #329; thence continuing south 88 degrees and 26 minutes east along north line of Land Lot #337 for a distance of 10.00 feet to the west side of John Ward Road; thence along the west side of said road, south 1 degree and 17 minutes and 30 seconds east 649.39 feet to the north right-of-way line of Powder Springs Road; thence following said right-of-way south 53 de grees and 33 minutes west 595.00 feet to a point in Land Lot # 338; thence north 29 degrees

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and 47 minutes west 1149.00 feet to a rock; thence south 77 degrees and 34 minutes west 318.73 feet to the west line of Land Lot 338; thence along west line of said lot north 00 degree and 49 minutes east 110.28 feet to a point of beginning, containing 16.42 acres.
Tract Number 53
All that tract or parcel of land situate, lying and being in the 19th District, 2nd Section of Cobb County, Georgia, being part of Land Lot No. 180 of said district and section, more particularly described as follows: Beginning at the northwest corner of said Land Lot No. 180 and running thence south 88 degrees, 56 minutes, 20 seconds east a distance of five hundred fifty-five and ninety-four hundredths (555.94) feet along the north line of said land lot to a point on east side of John Ward Road; thence south 7 degrees, 19 minutes, 10 seconds west a distance of fourteen hundred thirteen and seventeen hundredths (1413.17) feet to a point on the south line of said Land Lot No. 180; thence north 89 degrees, 26 minutes west a distance of three hundred ninety-five and five hundredths (395.05) feet to the southwest corner of said Land Lot No. 180; thence north 0 degrees, 49 minutes east a distance of fourteen hundred eight and seventy-seven (1408.77) feet along the western line of said Land Lot No. 180 to the northwest corner thereof, which is the point of beginning, containing 15.37 acres.
Tract Number 54
All that tract or parcel of land lying and being in the southeast corner of original Land Lot No. 251 of the 20th District and 2nd Section of Cobb County, Georgia, and being 3.38 acres more fully described as follows: beginning at the original southeast corner of said land lot and running thence north 00 degrees and 57 minutes east for 589.85 feet to a point in the original land line of the eastern side of said land lot; thence running south 41 degrees and 18-20 minutes west for 770.75 feet to a point on the original south land line of said lot, which point is 499.25 feet west of starting point; thence running south 88 degrees and 46 minutes east for 499.25 feet to point of beginning, said tract of land being a triangle shape and bounded on the south by lands of W. M. Gilbert; east by lands of B. V. Greer; north and west by other lands of the Oscar H. Orr estate, 3.38 acres.
Tract Number 55
All that tract or parcel of land situated, lying and being in original Land Lot No. 250 of the 20th District and 2nd Section of Cobb County, Georgia, being triangular in shape, and in the northwest corner of the southeast quarter of the said land lot, and being more particu larly described as follows:
Beginning at a certain point, which point is arrived at in the following manner:
Beginning first at the original northeast corner of said land lot, and running thence south along the original east line of said land lot for a distance of one thousand three hundred eighty-five and thirty-one hundredths (1385.31) feet to a point; thence north 88 degrees and 28 minutes west for a distance of eight hundred seventy five and three tenths (875.3) feet to a point, which point is the beginning point of the property described as follows:
Beginning at the point thus arrived at, and running thence south 35 degrees, 17 minutes, 40 seconds west for a distance of eight hundred four and eighty-five hundredths (804.85) feet to a point; thence north 1 degree 18 minutes east for a distance of six hundred sixty-nine and thirteen hundredths (669.13) feet to a point; thence south 38 degrees and 28 minutes east for a distance of four hundred fifty (450) feet to beginning point, said tract contains three and fifty-six hundredths (3.56) acres.
Tract Number 56
All that tract or parcel of land, situate lying and being in the 19th District, 2nd Section of Cobb County, Georgia being parts of Land Lots Nos. 117 and 118 of said District and Sec tion, more particularly described as follows:
Beginning at a point on the south line of said Land Lot No. 117 at the southeast corner of the tract herein conveyed, which point is two hundred (200) feet west of the southeast cor ner of said land lot at the line of the property purchased by the United States from C. C.

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James and running thence North 68 degrees, 56 minutes, 20 seconds West a distance of one thousand seventy-three and two-hundredths (1073.02) feet to the Southwest corner of Land Lot No. 117; thence north 88 degrees, 16 minutes, 20 seconds west nine hundred ninety-nine and thirty-hundredths (999.30) feet to the line of the property of J. W. Smith; thence north 1 degree, 16 minutes east along the property of J. W. Smith a distance of one thousand three hundred forty-three and eighty-two hundredths (1343.82) feet to a corner of property line between the property herein conveyed and the property of the said J. W. Smith; thence south 88 degrees, 40 minutes, 30 seconds east along the property of said J. W. Smith a distance of one thousand seventeen and fifty-one hundredths (1017.51) feet to an old road separating the property herein conveyed from the property of R.O. Hardage; thence south 52 degrees, 08 minutes, 40 seconds east a distance of one hundred fifty-five and twenty-two hundredths (155.22) feet; thence south 33 degrees, 43 minutes east a distance of two hun dred forty-five and seventy-eight hundredths (245.78) feet; thence south 43 degrees, 19 min utes, 20 seconds east three hundred sixty-one and sixty-five hundredths (361.65) feet; thence south 44 degrees, 24 minutes east a distance of four hundred eighty-five and eightytwo hundredths (485.82) feet; thence south 43 degrees, 36 minutes, 40 seconds east a dis tance of two hundred seventy and sixty-one-hundredths (270.61) feet to the northwest cor ner of property purchased by the United States from C. C. James; thence south 1 degree, 56 minutes west a distance of two hundred sixty-four and forty-three-hundredths (264.43) feet to point of beginning. Being the same property purchased by C. C. James from T. P. Redd by deed dated December 27, 1919, recorded in Deed Book 66, Page 240, Cobb County Records, excepting a small tract of 0.71 of an acre in the Southeast corner of said Land Lot No. 117, previously conveyed by the said C. C. James to U. S. A.
Tract Number 57
All that tract or parcel of land situate, lying and being in the 20th District, 2nd Section of Cobb County, Georgia, and being 80.40 acres, more or less, in Land Lot No. 250 of said district and section and a fractional part of an acre in the southeast corner of Land Lot No. 245 southeast of the railroad right-of-way, more particularly described as follows:
Beginning at the southwest corner of said Land Lot No. 250 and running thence north 0 degrees 57 minutes, 00 seconds east a distance of 1771.71 feet to a point on the south line of the W. & A. Railroad right-of-way; thence running north 83 degrees, 36 minutes, 40 seconds east a distance of 308.48 feet to a point; thence north 82 degrees, 52 minutes east a distance of 179.51 feet to a point; thence north 80 degrees, 53 minutes, 20 seconds east a distance of 167.29 feet to a point; thence north 85 degrees, 41 minutes east a distance of 120.71 feet to a point; thence north 70 degrees, 21 minutes, 20 seconds east a distance of 121.58 feet to a point; thence north 74 degrees, 52 minutes east a distance of 211.64 feet to a point; thence north 71 degrees, 59 minutes, 40 seconds east a distance of 183.79 feet to a point; thence north 69 degrees, 24 minutes east a distance of 212.70 feet to a point; thence north 71 de grees, 53 minutes, 20 seconds east a distance of 417.02 feet to a point; thence north 58 degrees, 34 minutes, 20 seconds east a distance of 252.04 feet to a point; thence north 52 degrees, 48 minutes east a distance of 205.72 feet to a point; thence north 52 degrees, 59 minutes, 20 seconds east a distance of 86.19 feet to a point; thence north 50 degrees, 44 minutes east a distance of 90.10 feet to a point; thence north 48 degrees, 48 minutes east a distance of 107.58 feet to a point; thence north 56 degrees, 19 minutes, 40 seconds east a distance of 70.50 feet to a point; thence north 50 degrees, 11 minutes east a distance of 60.05 feet to a point; thence north 38 degrees, 0 minutes, 20 seconds east a distance of 62.40 feet to the east line of Land Lot No. 245 of said district and section; thence south 1 degree, 55 minutes west a distance of 132.18 feet to the northeast corner of Land Lot No. 250; thence south along the east line of said land lot 1 degree, 02 minutes west a distance of 1385.31 feet to a point on the line separating the property herein described from the property of W. F. Newton; thence north 88 degrees, 28 minutes west along said Newton property a distance of 1325.30 feet to a point; thence south 1 degree, 18 minutes west, a distance of 669.13 feet to a point; thence north 88 degrees, 37 minutes, 20 seconds west, a distance of 330.00 feet; thence south 1 degree, 16 minutes, 20 seconds west a distance of 659.04 feet to a point on the south

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line of said Land Lot No. 250; thence north 88 degrees, 52 minutes, 20 seconds west a dis tance of 916.03 feet to a point of beginning.
Tract Number 58
All that tract or parcel of land, situate, lying and being in the 19th and 20th Districts of Cobb County, Georgia, and being parts of Land Lot No. 32 of the 19th District, 2nd Section of said county and a part of Land Lots Nos. 327 and 320 of the 20th District, 2nd Section of said county, more particularly described as follows: beginning at a point in the center of the Marietta-Dallas Road on the line separating the 20th District from the 19th District of said county at the southeast corner of the property of C. D. Elder; and running thence north 1 degree, 02 minutes, 25 seconds east a distance of 3556.14 feet to the line of the property of G. W. Hardage Estate; thence south 88 degrees, 26 minutes east a distance of 721.28 feet to a point on the line of the property owned by the United States Government; thence south 37 degrees, 29 minutes east a distance of 1147.91 feet to the southeast corner of said Land Lot No. 320; thence north 88 degrees, 00 minutes west along the line separating Land Lot No. 320 from Land Lot No. 327 a distance of 952.09 feet to a point; thence south 0 degrees, 04 minutes, 40 seconds west a distance of 2802.25 feet crossing said district line to the center of said Marietta-Dallas Road; thence north 72 degrees, 15 minutes, 30 seconds west a distance of 418.12 feet to a point in the center of said road; thence continuing along the center of said road north 82 degrees, 40 minutes west a distance of 131.13 feet to the point of beginning.
Tract Number 59
All that tract or parcel of land, situate, lying and being in Land Lots Nos. 32 and 43 of the 19th District, 2nd Section of Cobb County, Georgia, being more particularly described as follows: beginning at a point marked by a concrete United States Government land monu ment located on the district line between the 19th District and the 20th District of said county being the northeast corner of said Land Lot No. 32, and running thence south no degrees, 58 minutes, 30 seconds west a distance of 252 feet to a point on the Dallas-Marietta Highway; thence north 86 degrees, 57 minutes, 30 seconds west a distance of 105.63 feet to a point; thence north 82 degrees, 35 minutes, no seconds west 113 feet to a point; thence south 7 degrees, 25 minutes, no seconds west across said highway a distance of 80 feet to a point; thence south 82 degrees, 35 minutes, no seconds east 116.05 feet to a point; thence south 86 degrees, 57 minutes, 30 seconds east 111.57 feet to a point in the center of the so called Mountain of Cheatham Hill Road; thence south no degrees, 58 minutes, 30 seconds west a distance of 40.26 feet to a point; thence south 9 degrees, 28 minutes, no seconds west 107.56 feet to a point; thence south 4 degrees, 36 minutes, 30 seconds west a distance of 285.21 feet to a point; thence south 9 degrees, 25 minutes, 30 seconds west a distance of 541.46 feet to a point; thence south 22 degrees, 24 minutes, no seconds west a distance of 361.55 feet to a point; thence south 23 degrees, 02 minutes, no seconds west a distance of 18.10 feet to a point; thence south 89 degrees, 53 minutes, 40 seconds west a distance of 1065.41 feet to a point on the west side of said Land Lot No. 43; thence north 1 degree, 09 minutes no seconds east a distance of 330.55 feet to a point marking the southwest corner of said Land Lot No. 32; thence north no degrees, 04 minutes, 40 seconds east a distance of 1337.65 feet to the northwest corner of said Land Lot No. 32, which point is in the center of the said Dallas-Marietta Highway; thence south 89 degrees, 13 minutes, 40 seconds east along the center of said highway a distance of 128.10 feet to a point; thence south 82 degrees, 40 minutes, no seconds east continuing along the center of said highway a distance of 131.13 feet; thence south 72 degrees, 15 minutes, 30 seconds east continuing along the center of said highway a distance of 418.12 feet to a point in the center of said highway; thence north no degrees, 04 minutes, 40 seconds east a distance of 137 feet to the north line of said Land Lot No. 32 and the district line above mentioned; thence south 89 degrees, 13 minutes, 40 seconds east along the said district line and the north line of the said Land Lot No. 32 a distance of 682.17 feet to the point of beginning, said tract containing 46.76 acres.
Tract Number 60
All those tracts or parcels of land situate, lying and being in the 19th District and 2nd

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Section of Cobb County, Georgia, being parts of Land Lots No. 253, No. 265, No. 266, No. 328, No. 338, No. 339, No. 403, and all of No. 329, consisting of two tracts and containing in the aggregate, one hundred thirty-nine and eighteen hundredths (139.18) acres more or less, and more particularly described as follows:
Parcel 1--beginning at the original northwest corner of Land Lot No. 403 and running thence along the south line of Land Lot No. 339, North 89 degrees, 20 minutes, 30 seconds west for a distance of six hundred eighty-six and thirty-nine hundredths (686.39) feet; thence north 23 degrees, 50 minutes, 50 seconds west for a distance of two hundred sixtyfour (264.00) feet to a stake in Land Lot No. 339; thence north 11 degrees, 10 minutes, 20 seconds west for a distance of one thousand one hundred twenty and ninety-two (1120.92) feet to a stake on the north line of Land Lot No. 339; thence running with the North line of Land Lot No. 339, south 88 degrees, 26 minutes east for a distance of fifty-two (52.00) feet; thence north 2 degrees, 13 minutes east for a distance of one thousand one hundred ninetyfive and eighty-eight hundredths (1195.88) feet to a stake on north line of Land Lot No. 328, thence running with north line of Land Lot No. 328, north 89 degrees, 0 minutes west, a distance of three hundred sixty (360.00) feet to the northwest corner of Land Lot No. 328; thence running along west line of Land Lot No. 265; north 0 degrees, 14 minutes east, for a distance of one thousand three hundred forty-five (1345.00) feet to the northwest corner of Land Lot No. 265; thence along north line of Land Lot No. 265; south 87 degrees, 29 min utes east for a distance of three hundred twenty-three and thirty-nine hundredths (323.39) feet to a point; thence south 22 degrees, one minute, 50 seconds east for a distance of six teen and sixty-six hundredths (16.66) feet to a stake on the west bank of a ditch; thence south 25 degrees, 16 minutes east for a distance of six hundred thirty and thirty-seven hun dredths (630.37) feet to a stake on the east side of a ditch in Land Lot No. 265; thence north 50 degrees, 54 minutes, 20 seconds east for a distance of five hundred forty-one and ninetyfive hundredths (541.95) feet; thence north 89 degrees, 20 minutes, 10 seconds east for a distance of two hundred ninety-two and nine hundredths (292.09) feet to the east line of Land Lot No. 265; thence running with east line of Land Lot No. 265 and west line of Land Lot No. 264, south 0 degrees, 39 minutes west for a distance of nine hundred seventy-six (976.00) feet to the southwest corner of Land Lot No. 264; thence running with south line of Land Lot No. 264, south 89 degrees, 59 minutes east for a distance of one thousand three hundred twenty-five and sixty-three hundredths (13325.63) feet to the southeast corner of Land Lot No. 264 and the northeast corner of Land Lot No. 329, thence running with the east line of Land Lot No. 329, south 0 degrees, 15 minutes, 40 seconds west, for a distance of one thousand three hundred sixty-nine and ninety-one hundredths (1369.91) feet to a south east corner of Land Lot No. 329; thence running with south line of Land Lot No. 329 north 88 degrees, 26 minutes west for a distance of one thousand three hundred thirty-four and thirteen hundredths (1334.13) feet to the southwest corner of Land Lot No. 329 and the northeast corner of Land Lot No. 339; thence running with the east line of Land Lot No. 339, south 0 degrees, 49 minutes west for a distance of one thousand eighty-one and sixtyfour (1081.64) feet; thence south 88 degrees, 6 minutes east for a distance of five hundred fifty-two and sixty-three hundredths (552.63) feet to a stake in Land Lot No. 338; thence south 28 degrees, 5 minutes, 40 seconds east for a distance of one hundred sixty and six hundredths (160.06) feet to a stake in Land Lot No. 338, on the north right-of-way line of the Marietta-Powder Springs Road; thence running with said right-of-way line, south 51 degrees, 8 minutes, 10 seconds west for a distance of 160 feet to a stake on the south line of Land Lot No. 338; thence continuing with right of way line of said road, south 48 degrees 39 minutes 10 seconds west for a distance of two hundred sixty-three and twenty-six hun dredths (263.26) feet; thence north 58 degrees, 57 minutes, 30 seconds west for a distance of three hundred sixty and sixty-eight hundredths (360.68) feet to the point of beginning, con taining one hundred thirty-one and eighty-four hundredths (131.84) acres, more or less.
Parcel 2--beginning at the original northwest corner of Land Lot No. 265 and running thence with the north line of Land Lot No. 266, north 86 degrees, 16 minutes west for a distance of one hundred fifty-five (155.00) feet; thence with center line of a ditch, south 2 degrees, 30 minutes east for a distance of seven hundred twenty-seven and thirty-two hun dredths (727.32) feet to the property line of A. D. Barfield in Land Lot No. 266; thence

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running with the property line of A. D. Barfield, south 89 degrees, 25 minutes west for a distance of three hundred sixty-nine and fourteen hundredths (369.14) feet; thence with the property line of W. T. Hicks, north 3 degrees, 23 minutes, 20 seconds west for a distance of eight hundred three and nineteen hundredths (803.19) feet to a point on the north side of Ward Creek in Land Lot No. 253; thence north 87 degrees, 8 minutes east for a distance of five hundred forty-one and eighty-one hundredths (541.81) feet to the east line of Land Lot No. 253; thence running with the east line of Land Lot No. 253; south 0 degrees, 50 minutes west for a distance of one hundred nine (109.00) feet to the point of beginning, containing seven and thirty-four hundredths (7.34) acres, more or less.
Tract Number 61
All that tract or parcel of land situate, lying and being in the 19th District and 2nd Section of Cobb County, Georgia, being parts of Land Lots No. 43, No. 106 and No. 117, and more particularly described as follows: beginning at the original northwest corner of Land Lot No. 106 and running with north line of said land lot*, south 88 degrees, 23 minutes, 30 seconds east for a distance of three hundred twenty-five (325.00) feet to a point on the center line of the John Ward Road; thence running with center line of said road in Land Lot No. 43, north 65 degrees, 35 minutes, 20 seconds east for a distance of three hundred ninety-four and fifty-one hundredths (394.51) feet; thence south 2 degrees, 16 minutes west for a dis tance of one hundred seventy-three and five hundredths (173.05) feet in Land Lot No. 43 to a point on the north line of Land Lot No. 106; thence running with north line of Land Lot No. 106, south 88 degrees, 53 minutes east for a distance of four hundred forty-two and sixty-three hundredths (442.63) feet; thence crossing original line between Land Lots No. 106 and 117, south 1 degree, 56 minutes west for a distance of two thousand four hundred thirteen and twenty-six hundredths (2413.26) feet to a point on the center line of an aban doned road in Land Lot No. 117; thence running with center line of said road north 43 degrees, 36 minutes, 40 seconds west for a distance of two hundred seventy and sixty-one hundredths (270.61) feet; thence continuing with center line of said road, north 44 degrees, 24 minutes west for a distance of four hundred eighty-five and eighty-two hundredths (485.82) feet; thence continuing with center line of said road, north 43 degrees, 19 minutes, 20 seconds west for a distance of three hundred sixty-one and sixty-five hundredths (361.65) feet; thence continuing with said center line north 33 degrees, 43 minutes west for a distance of two hundred forty-five and seventy-eight (245.78) feet to a point on the east side of the John Ward Road; thence crossing said road north 52 degrees, 8 minutes, 40 seconds west for a distance of one hundred fifty-five and twenty-two hundredths (155.22) feet to the original northwest corner of Land Lot No. 117; thence running with west line of Land Lot No. 106, north 0 degrees, 10 minutes west for a distance of one thousand three hundred thirty-three and forty-five hundredths (1333.45) feet to the point of beginning, containing forty-seven and sixty-one hundredths (47.61) acres, more or less.
Tract Number 62
All that tract or parcel of land situate, lying and being in Land Lot No. 43 of the 19th District, 2nd Section of Cobb County, Georgia, more particularly described as follows: be ginning at the southwest corner of said Land Lot No. 43, and running thence north 1 degree, 09 minutes east along the west line of said land lot a distance of nine hundred forty-seven and seventy-eight hundredths (947.78) feet to a stake on the west line of said land lot; thence running north 89 degrees, 53 minutes, 40 seconds east along the south line of the property of Searight Goggins a distance of one thousand sixty-five and forty-one hundredths (1065.41) feet to the center of the John Ward road; thence South 23 degrees, 02 minutes west along the center of said road a distance of five hundred thirty-two and eighty-two hundredths (532.82) feet to a point; thence south 22 degrees, 32 minutes, 30 seconds west a distance of one hundred fifty-eight and ten hundredths (158.10) feet to a point; thence south 34 degrees, 44 minutes, 30 seconds west a distance of one hundred seven and fortytwo hundredths (107.42) feet to a point; thence south 45 degrees, 01 minutes, 30 seconds west a distance of one hundred and eighty-six hundredths (100.86) feet to a point; thence south 65 degrees, 35 minutes, 20 seconds west continuing along the center of said road a distance of three hundred ninety-four and fifty-one hundredths (394.51) feet to the south

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line of said Land Lot No. 43; thence north 88 degrees, 23 minutes, 30 seconds west a dis tance of three hundred twenty-five (325) feet to the southwest corner of said land lot and point of beginning, containing eighteen and twenty-seven hundredths (18.27) acres, more or less.
Tract Number 63
All that tract or parcel of land situate, lying and being in the 19th District and 2nd Section of Cobb County, Georgia, being parts of Land Lots No. 179, No. 191, No. 192, No. 253, and No. 254 and more particularly described as follows: beginning at the original northeast cor ner of Land Lot No. 179 and running thence along the north line of said Land Lot, north 88 degrees, 16 minutes, 20 seconds west, a distance of three hundred seventy-three and twentyhundredths (373.20) feet to a stake; thence south 6 degrees, 30 minutes, 20 seconds west a distance of two thousand five hundred five and forty-one hundredths (2505.41) feet through Land Lot No. 179 to a stake in Land Lot No. 192; thence south 36 degrees, 15 minutes west, a distance of eight hundred thirteen and twenty-three hundredths (813.23) feet to a stake in Land Lot No. 253; thence south 30 degrees, 25 minutes, 20 seconds east, a distance of one thousand fifty-one and forty-eight hundredths (1051.48) feet to a stake in Land Lot No. 253; thence north 87 degrees, 8 minutes east, a distance of five hundred forty-one and eighty-one hundredths (541.81) feet to the east line of Land Lot No. 253; thence along east line of Land Lot No. 253; south 0 degrees, 50 minutes west, a distance of one hundred nine (109.00) feet to southeast corner of Land Lot No. 253, thence along south line of Land Lot No. 254, south 87 degrees, 29 minutes east, a distance of three hundred twenty-three and thirty-nine hun dredths (323.39) feet to a point on Ward Creek; thence north 22 degrees, 1 minute, 50 seconds west, a distance of four hundred seventy and nineteen hundredths (470.19) feet to a stake in Land Lot No. 254; thence north 7 degrees, 19 minutes, 10 seconds east, a distance of two thousand three hundred seven and fifty-two hundredths (2307.52) feet to the north line of Land Lot No. 191; thence with the north line of Land Lot No. 191, north 89 degrees, 26 minutes west, a distance of three hundred ninety-five and ninety-five hundredths (395.95) feet to the northwest corner of Land Lot No. 191; thence north 0 degrees, 49 min utes east a distance of one thousand four hundred eight and seventy-seven hundredths (1408.77) feet to the point of beginning, said tract containing seventy-four and thirty-eight hundredths (74.38) acres, more or less.
Tract Number 64
All those tracts or parcels of land being described as follows: A tract consisting of Land Lots 936, 937, 938, 1008, 1009, 1007 and 1010 in the 16th District 2nd Section Cobb County, Georgia.
Tract Number 65
All those tracts or parcels of land being described as follows: A tract consisting of Land Lots 248, 285, 287, 321 and 320 in the 20th District and 2nd Section of Cobb County, Georgia.
Tract Number 66
All those tracts or parcels of land being described as follows: A tract consisting of Land Lots 32, 33, 42, 43, 106, 107, 108, 115, 116, 117, 181, 182, 183, 188, 189, 257, 262 and 329 in the 19th District and 2nd Section of Cobb County, Georgia.
Tract Number 67
All that tract or parcel of land being described as follows: Those portions of Land Lots 865 and 936, 16th District and 2nd Section; Land Lots 247, 286, 322, 284, 249, 245, 246, 250, 257, 283, 282, 288, 289, 326 and 327 of the 20th District 2nd Section; Land Lots 118, 114, 184, 180, 179, 192, 191, 187, 254, 253, 263, 265, 266, 331, 330, 328, 327, 339, 338 and 337 of the 19th District and 2nd Section Cobb County, Georgia that are part of the Kennesaw Moun tain National Battlefield Park, Cobb County, Georgia.
Tract Number 68
All that tract or parcel of land being described as follows: All of the right of way of the

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Powder Springs Road lying in Land Lots 330, 337, and 338, 19th District and 2nd Section of Cobb County, Georgia."
Section 2. An Act entitled "An Act to amend an Act reincorporating the City of Mari etta, approved March 23, 1977 (Ga. L. 1977, p. 3541), as amended, so as to de-annex and exclude certain property from the city; to repeal conflicting laws; and for other purposes.", approved April 12, 1985 (Ga. L. 1985, p. 5143), is repealed in its entirety.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Harrison of the 37th moved that the Senate agree to the House substitute to SB 452.

On the motion, the yeas were 41, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 452.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 568. By Representatives Walker of the 85th, Ransom of the 90th, Brown of the 88th and Redding of the 50th:
A bill to amend Code Section 20-8-5 of the Official Code of Georgia Annotated, relating to law enforcement powers of school security personnel in certain coun ties, so as to remove certain population limitations and provide for applicability to school security personnel of county boards of education and independent boards of education.
Senate Sponsor: Senator Ray of the 19th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Dawkins Deal

Dean English Bngram Fincher Foster Gillis Greene Harris Hine Horton Hudgins Huggins Kidd Langford McGill McKenzie

Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Burton Garner Harrison

Holloway Howard

Kennedy (presiding) Land

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On the passage of the bill, the yeas were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House insists on its position in disagreeing to the Senate amendment, and has appointed a Committee of Conference on the part of the House to confer with a like com mittee on the part of the Senate on the following bill of the House:
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.
The Speaker has appointed on the part of the House, Representatives Steinberg of the 46th, Childs of the 53rd and Groover of the 99th.
The House insists on its position in disagreeing to the Senate amendment, and has appointed a Committee of Conference on the part of the House to confer with a like com mittee on the part of the Senate on the following resolution of the House:
HR 593. By Representative Johnson of the 76th: A resolution compensating Wyman Nail, Jr., and Rhonda Nail.
The Speaker has appointed on the part of the House, Representatives Johnson of the 123rd, Mostiler of the 75th and Childers of the 15th.
The House has passed by the requisite constitutional majority the following bills of the Senate:
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.
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 312. By Senator Barnes of the 33rd: A bill to amend Code Section 15-2-8 of the Official Code of Georgia Annotated, so as to provide that the court, in regulating the admission of attorneys to the practice of law, shall require each applicant to be fingerprinted to determine

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whether the applicant has a record of criminal convictions; to provide for author ity of the Georgia Crime Information Center to release information concerning applicants.
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.
The House has adopted by the requisite constitutional majority the following resolution of the Senate:
SR 292. By Senator Fincher of the 54th:
A resolution designating the R.E. Chambers Memorial Bridge.
The House has passed, as amended, by the requisite constitutional majority the follow ing bills of the Senate:
SB 83. By Senator Howard of the 42nd:
A bill to amend Code Section 15-6-28 of the Official Code of Georgia Annotated, relating to the employment of one law clerk for each judicial circuit, so as to allow payment of the salary amount to which a law clerk would be entitled under such Code section to be made to a county of a judicial circuit which employs more than one law clerk.
SB 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.
SB 400. By Senators Garner of the 30th, Harrison of the 37th and Tolleson of the 32nd:
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 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.
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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The House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate:
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 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 House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate:
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 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 House has passed, as amended, by the requisite constitutional majority the follow ing bills 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.
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.
The House insists on its position in disagreeing to the Senate amendment, and has

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appointed a Committee of Conference on the part of the House to confer with a like com mittee on the part of the Senate on the following bill of the House:
HR 666. By Representative Lupton of the 25th: A resolution compensating Mr. Paul Webb, d.b.a. Kwik Kopy #206.
The Speaker has appointed on the part of the House, Representatives Lupton of the 25th, Townsend of the 24th and Dover of the llth.
The House has disagreed to the Senate amendment to the following resolution of the House:
HR 689. By Representative Kingston of the 125th: A resolution compensating Mr. M. C. Nettles.
The House has agreed to the Senate substitute to the House substitute to the following bill of the Senate:
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.
The House has adopted the report of the Committee of Conference on the following bills of the House and Senate:
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.
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 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 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-

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sions relating to fees to cover the cost of records searches by the Federal Bureau of Investigation.
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.
SB 45. By Senators Bryant of the 3rd and Allgood of the 22nd:
A bill to amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to records required to be kept by the Department of Public Safety and restrictions on the access to such records, so as to authorize the Department of Public Safety to disseminate certain information from its records to certain gov ernmental agencies or units of this state and of the United States having legiti mate governmental needs therefor.
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.
The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:
HB 1785. By Representatives Milam of the 81st, Ware of the 77th, Phillips of the 120th, Bray of the 91st and Groover of the 99th:
A bill to amend Code Section 48-5-290 of the Official Code of Georgia Annotated, relating to the creation and appointment of county boards of tax assessors, so as to change the number of members which may be appointed to a county board of tax assessors.
Senate Sponsor: Senator Dawkins of the 45th.
Senator Peevy of the 48th offered the following amendment:
Amend HB 1785 by striking line 1 through line 3 of Page 1 and inserting in lieu thereof the following:
"To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide that the penalty for failure to pay ad valorem taxes shall not apply to ad valorem taxes on homestead property which has been acquired by a new owner who did not receive a tax bill and who resided outside of the State of Georgia immediately before acquiring the homestead property; to".
By adding between line 7 and line 8 of Page 1 the following:
"Section 1. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by striking subsection (b) of Code Section 48-2-44, relating to penalties and interest for failure to pay taxes and revenue held in trust for the state, and inserting in lieu thereof a new subsection (b) to read as follows:
'(b) (1) In any instance in which any person willfully fails, on or after July 1, 1981, to pay, within 90 days of the date when due, any ad valorem tax owed the state or any local government, he shall pay, in the absence of a specific statutory civil penalty for the failure, a penalty of 10 percent of the amount of tax due and not paid on or before the time pre-

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scribed by law, together with interest as specified by law. This 10 percent penalty shall not, however, apply in the case of:
(A) Ad valorem taxes of $500.00 or less on homestead property as defined in Part 1 of Article 2 of Chapter 5 of this title; or
(B) With respect to tax year 1986 and future tax years, ad valorem taxes of any amount on homestead property as defined in Part 1 of Article 2 of Chapter 5 of this title, if the homestead property was during the tax year acquired by a new owner who did not receive a tax bill for the tax year and who immediately before acquiring the homestead property re sided outside the State of Georgia.
(2) Any city or county authorized as of April 22, 1981, by statute or constitutional amendment to receive a penalty of greater than 10 percent for failure to pay an ad valorem tax is authorized to continue to receive that amount.'"
By striking line 8 through line 11 of Page 1 and inserting in lieu thereof the following:
"Section 2. Said title is further amended by striking subsection (b) of Code Section 485-290, relating to the creation and appointment of county boards of tax assessors, which reads as follows:".
By striking from line 6 of Page 2 the number "2" and inserting in lieu thereof the number "3".

On the adoption of the amendment, the yeas were 37, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the 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 English Engram Fincher Foster Gillis Greene Harris Harrison Hine Norton Huggins Kidd Land Langford

McGill McKenzie Peevy Perry Ray Reddish Scott of 2nd Scott of 36th Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Dean Garner Holloway

Howard Hudgins Kennedy (presiding)

Phillips Stair

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 as amended.

HB 1888. By Representative Colwell of the 4th:
A bill to amend Article 6 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to inventory of public property, so as to provide that certain functions of the Secretary of State relative to the filing of conveyances shall be transferred to the State Properties Commission; to provide that copies of convey ances for the acquisition or disposition of real property owned or held by the Board of Regents of the University System of Georgia shall be filed with the Secretary of State.
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 owe" BnBrroowunn ooyf,f 4,467*tKthh Bryant Burton Cobb Coleman Coverdell Deal Dean

English Engram Foster Garner Gillis
Greene Harris ."H..ainrfrison Holloway Horton Huggins Kidd Land Langford McGill

Peevy Perry Phillips Ray Reddish
Scott of 2nd Scott of 36th SS,,,ttuamrrb, augh, Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Brannon Dawkins Fincher

Howard Hudgins

Kennedy (presiding) McKenzie

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Kidd of the 25th moved that, since the Senate had rejected the First Confer ence Committee report, a Second Conference Committee be appointed on the following bill of the House:

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.

THURSDAY, MARCH 6, 1986

1959

Senator Kennedy of the 4th, President Pro Tempore, who was presiding, appointed as a Second Conference Committee on the part of the Senate the following:

Senators Kidd of the 25th, Hudgins of the 15th and Walker of the 43rd.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:
HB 1938. By Representative Colwell of the 4th: A bill to amend Part 7 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, known as the "Sapelo Island Heritage Authority Act," so as to provide that the best and most important use of the Hog Hammock commu nity located on Greater Sapelo Island is for it to remain occupied by the direct descendants of the slaves of Thomas Spalding.
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 Brantley Brown of 47th Bryant Burton Cobb Coleman Coverdell Dawkins Deal Dean

English Engram Fincher Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Huggins Kidd Land Langford

Those not voting were Senators:

McGill McKenzie Peevy Perry Phillips Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Tolleson Trulock Turner Tysinger Walker

Brannon Broun of 46th Howard

Hudgins Kennedy (presiding)

Ray Timmons

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

1960

JOURNAL OF THE SENATE

The following resolution and bill of the House were taken up for the purpose of consid ering the House action thereon:

HR 593. By Representative Johnson of the 76th:
A resolution compensating Wyman Nail, Jr., and Rhonda Nail in the amount of $2,045.60.

Senator Dean of the 31st moved that the Senate adhere to the Senate amendment to HR 593, and that a Conference Committee be appointed.

On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate adhered to the Senate amendment to HR 593.

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 Cobb of the 28th, Dean of the 31st and Stumbaugh of the 55th.

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.

Senator Scott of the 2nd moved that the Senate adhere to the Senate amendment to HB 377, and that a Conference Committee be appointed.

On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate adhered to the Senate amendment to HB 377.

Senator Kennedy of the 4th, President Pro Tempore, who was presiding, appointed as a Conference Committee on the part of the Senate the following:

Senators Scott of the 2nd, Greene of the 26th and Deal of the 49th.

The following general bill and resolutions of the House, favorably reported by the com mittees, were read the third time and put upon their passage:

HB 2001. By Representatives Lucas of the 102nd, Lee of the 72nd and Smyre of the 92nd:
A bill to amend Article 5 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to aid to families with dependent children, so as to provide that all income earned by persons aged 18 or under under the Jobs Training Program Act shall not be deducted from any payments made under this article.
Senate Sponsor: Senator Greene of the 26th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood

Baldwin Barker

Barnes Bond

THURSDAY, MARCH 6, 1986

1961

Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dawkins Deal Dean Engram Fincher Foster

Garner Gillis Greene Harris Harrison Hine Holloway Horton Huggins Kidd Land Langford McGill Peevy

Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Bowen Coleman English

Howard Hudgins Kennedy (presiding)

McKenzie Starr

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HR 718. By Representatives Bolster of the 30th, Williams of the 6th, Dover of the llth and Crosby of the 150th:
Senate Sponsor: Senator Walker of the 43rd.

A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide a procedure for the creation of development districts for the promotion of com mercial development through ad valorem tax incentives; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section II of the Constitution is amended by adding at the end thereof a new Paragraph VI to read as follows:
"Paragraph VI. Development districts. The General Assembly may by general law pro vide a procedure for the creation of development districts in areas which, because of a need for commercial development or because of an unrealized potential for commercial develop ment, ad valorem tax incentives are likely to lead to commercial development so as to pro mote the vitality and well-being of the political subdivisions for which such development districts are created. Any such general law shall provide that a development district may be created only upon the recommendation of an agency of the executive branch of government and only with the consent of the political subdivision for which the development district is to be created. Any such general law shall provide that each development district shall be created by local law and shall authorize such local laws to grant exemptions from ad valorem taxes levied by the political subdivisions for which development districts are cre ated. Any such general law may provide that such local laws shall not be subject to the requirements of Paragraph III of Section I of this article and of Paragraph II of this section. No person shall acquire any vested right to a tax exemption granted pursuant to this Paragraph."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.

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JOURNAL OF THE SENATE

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 a procedure for the creation of development districts for the promotion of commercial development through ad valorem tax incentives?"

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.
Senator Deal of the 49th offered the following amendment:
Amend HR 718 by striking on line 4, Page 2 the words "and of and by striking on line 5, Page 2 the words "Paragraph II of this section".
Senator Deal of the 49th asked unanimous consent to withdraw his motion; the consent was granted, and the amendment was withdrawn.
Senator Hudgins of the 15th offered the following amendment:
Amend HR 718 by striking the word "commercial" on line 4 of Page 1 and on line 17 of Page 2 and inserting in lieu thereof in each such place the following:
"commercial and industrial".
By striking the word "commercial" on lines 14, 15, and 17 of Page 1 and inserting in lieu thereof in each such place the following:
"commercial or industrial".

On the adoption of the amendment, the yeas were 42, nays 1, and the amendment was adopted.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to as amended.

On the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Barker Barnes
Bnd
Brantley Brown of 47th Bryant Burton Coleman Coverdell Dean

English Fincher Foster Gillis
"oTMllway Horton Howard Hudgins Kidd Land McGill McKenzie

Perry Phillips Ray Reddish

SStcuomttboafug2nhd

_

B

*.

Timmons

Tolleson

Trulock

Turner

Walker

Those voting in the negative were Senators:

Baldwin Brannon

Broun of 46th Cobb

Dawkins Deal

THURSDAY, MARCH 6, 1986

1963

Engram Garner
Greene Harris

Huggins Langford Peevy

Scott of 36th Starr Tysinger

Not voting were Senators Harrison and Kennedy (presiding).

On the adoption of the resolution, the yeas were 38, nays 16.

The resolution, having received the requisite two-thirds constitutional majority, was adopted as amended.

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:
Senate Sponsor: Senator Deal of the 49th.

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 provide that the General Assembly shall provide by law for the exercise and implementation of the rule-making power; to pro vide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article VI, Section IX of the Constitution is amended by striking in its en tirety Paragraph I and inserting in its place a new Paragraph I to read as follows:

"Paragraph I. Administration of the judicial system; uniform court rules; advice and consent of councils. The judicial system shall be administered as provided in this Para graph. Not more than 24 months after the effective date hereof, and from time to time thereafter by amendment, the Supreme Court shall, with the advice and consent of the council of the affected class or classes of trial courts, by order adopt and publish uniform court rules and record-keeping rules which shall provide for the speedy, efficient, and inex pensive resolution of disputes and prosecutions. An enactment of the General Assembly shall be paramount to any court rule adopted under this Paragraph. The General Assembly shall provide by law for the exercise and implementation of the rule-making power for rules promulgated under this Paragraph. Each council shall be comprised of all of the judges of the courts of that class."

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 an enactment of the General Assembly shall be paramount to a court rule and that the General Assembly shall provide by law for the exercise and implementation of the uniform rule-making power for the trial courts of this state?"

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.

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JOURNAL OF THE SENATE

The Senate Committee on Judiciary offered the following substitute to HR 525:

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 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 VI, Section IX of the Constitution is amended by striking in its en tirety Paragraph I and inserting in its place a new Paragraph I to read as follows:

"Paragraph I. Administration of the judicial system; uniform court rules; advice and consent of councils. The judicial system shall be administered as provided in this Para graph. Not more than 24 months after the effective date hereof, and from time to time thereafter by amendment, the Supreme Court shall, with the advice and consent of the council of the affected class or classes of trial courts, by order adopt and publish uniform court rules and record-keeping rules which shall provide for the speedy, efficient, and inex pensive resolution of disputes and prosecutions. An enactment of the General Assembly shall be paramount to any court rule adopted under this Paragraph. Each council shall be comprised of all of the judges of the courts of that class."

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 an enactment of the General Assembly shall be paramount to a uniform court rule or recordkeeping rule?"

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.
Senator Deal of the 49th moved that HR 525 be postponed until Friday, March 7.
On the motion, the yeas were 29, nays 0; the motion prevailed, and HR 525 was post poned until Friday, March 7.
The following bill of the House was taken up for the purpose of considering the Confer ence Committee report thereon:
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.
The Conference Committee report on HB 1352 was as follows:
The Committee of Conference on HB 1352 recommends that both the Senate and the

THURSDAY, MARCH 6, 1986

1965

House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1352 be adopted.
Respectfully submitted,

FOR THE SENATE:
/a/ Richard L. Greene Senator, 26th District
1st Wayne Garner Senator, 30th District
M Paul H. Trulock Senator, 10th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Helen Selman Representative, 32nd District
/s/ Claude A. Bray, Jr. Representative, 91st District
/s/ Charles A. Thomas, Jr. Representative, 69th District

Conference Committee substitute to HB 1352:

A BILL
To be entitled an Act to amend Chapter 32 of Title 31 of the Official Code of Georgia Annotated, relating to living wills, so as to provide that a living will shall be effective from the date of execution unless revoked in a manner prescribed in Code Section 31-32-5; to provide for the effectiveness of living wills executed under prior law; to provide for a method of continuing the effectiveness of such prior living wills; to change the form for living wills; to provide for other matters related to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 32 of Title 31 of the Official Code of Georgia Annotated, relating to living wills, is amended by striking Code Section 31-32-6, relating to the period of effective ness of a living will, and substituting in lieu thereof a new Code Section 31-32-6 to read as follows:
"31-32-6. (a) A living will executed on or after the effective date of this subsection shall be effective from the date of execution thereof unless revoked in a manner prescribed in Code Section 31-32-5.
(b) A living will executed prior to the effective date of this subsection in the form speci fied by prior law shall be effective for a period of seven years from the date of execution thereof, except that, if the declarant crosses through or otherwise marks over the paragraph of such a living will relating to the seven-year period of effectiveness of the living will so as to indicate an intention to defeat the operation of such paragraph, and if the declarant signs or initials the living will in the area of the stricken paragraph, then the living will shall continue in effect until and unless revoked in a manner prescribed in Code Section 31-32-5."
Section 2. Said chapter is further amended by striking subsection (b) of Code Section 31-32-3, relating to execution and form of living wills, and inserting in its place a new sub section to read as follows:
"(b) The declaration shall be a document, separate and self-contained. A declaration executed on or after the effective date of this subsection shall be in substantially the form specified in this subsection. A declaration executed on or after the effective date of this subsection in substantially the form specified by prior law shall be valid and effective, ex cept that the paragraph limiting the operation of the living will to a seven-year period shall be ineffective. The form for the declaration shall be substantially as follows:

'LIVING WILL Living will made this ___ day of ______ (month, year). I, ----------------------, being of sound mind, willfully and voluntarily make known my

1966

JOURNAL OF THE SENATE

desire that my life shall not be prolonged under the circumstances set forth below and do declare:
1. If at any time I should have a terminal condition as defined in and established in accordance with the procedures set forth in paragraph (10) of Code Section 31-32-2 of the Official Code of Georgia Annotated, I direct that the application of life-sustaining proce dures to my body be withheld or withdrawn and that I be permitted to die;
2. In the absence of my ability to give directions regarding the use of such life-sus taining procedures, it is my intention that this living will shall be honored by my family and physician(s) as the final expression of my legal right to refuse medical or surgical treatment and accept the consequences from such refusal;
3. I understand that I may revoke this living will at any time;
4. I understand the full import of this living will, and I am at least 18 years of age and am emotionally and mentally competent to make this living will; and
5. If I am female and I have been diagnosed as pregnant, this living will shall have no force and effect during the course of my pregnancy.
Signed ___________
_________(City), ________(County), and _________(State of Residence).
I hereby witness this living will and attest that:
(1) The declarant is personally known to me and I believe the declarant to be at least 18 years of age and of sound mind;
(2) I am at least 18 years of age;
(3) To the best of my knowledge, at the time of the execution of this living will, I:
(A) Am not related to the declarant by blood or marriage;
(B) Would not be entitled to any portion of the declarant's estate by any will or by operation of law under the rules of descent and distribution of this state;
(C) Am not the attending physician of declarant or an employee of the attending physi cian or an employee of the hospital or skilled nursing facility in which declarant is a patient;
(D) Am not directly financially responsible for the declarant's medical care; and
(E) Have no present claim against any portion of the estate of the declarant;
(4) Declarant has signed this document in my presence as above-instructed, on the date above first shown.
WitnessAddress-
WitnessAddress-
Additional witness required when living will is signed in a hospital or skilled nursing facility.
I hereby witness this living will and attest that I believe the declarant to be of sound mind and to have made this living will willingly and voluntarily.
Witness: __________________ Medical director of skilled nursing facility or chief of the hospital medical staff ".
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

THURSDAY, MARCH 6, 1986

1967

Section 4. All laws and parts of laws in conflict with this Act are repealed.

Senator Greene of the 26th moved that the Senate adopt the Conference Committee report on HB 1352.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bond Bwe" Brantley Broun of 46th BBrroywannt of 47th
Burton Cobb Coverdell Dawkins Deal Dean Engram

Fincher Foster Garner Gillis Greene Harris Harnson Hme HHoolrltoownay
Hudgins Huggins Kidd Land Langford McGill McKenzie

Peevy Perry Phillips Rav Reddish Scott of 2nd Scott of 36th cf oStumb, aughu
Iate Timmons Tolleson Trulock Turner Tysinger Walker

Voting in the negative were Senators Allgood and Coleman.

Those not voting were Senators:

Brannon English

Howard

Kennedy (presiding)

On the motion, the yeas were 50, nays 2; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1352.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

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 House substitute to SB 395 was as follows:

A BILL
To be entitled an Act to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to 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; to provide that in certain

1968

JOURNAL OF THE SENATE

adoption proceedings a copy of the petition for adoption shall be served upon the grandpar ent with visitation rights; to provide that in certain adoption proceedings a grandparent with visitation rights shall have the privilege to file objections to the petition for adoption; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 19 of the Official Code of Georgia Annotated, relating to domestic rela tions, is amended by striking in its entirety subsection (c) of Code Section 19-7-3, relating to visitation rights of grandparents in guardianship and custody actions involving minor chil dren, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) Whenever any court in this state shall have before it any question concerning the custody of any minor child or whenever the parents of the minor child have been divorced or are engaged in legal proceedings to obtain a divorce, any grandparent of the child may be granted reasonable visitation rights upon proof of special circumstances which make such visitation rights necessary to the best interests of the child. There shall be no presumption in favor of visitation by any grandparent; and the court shall have discretion to deny such visitation rights. Any grandparent shall have the right to intervene and petition for visita tion rights in any action involving the custody of any minor child or in any divorce action. If the parents of the minor child have been divorced or if custody of the minor child has been granted in any other action, except an adoption in which all legal relationships between the adopted child and the adopted child's relatives have been terminated as provided in Code Section 19-8-14, a parent of either parent of the minor child shall have the right to file an original pleading requesting visitation rights, but not more than once during any two-year period and not during any year in which another custody action has been filed concerning the child. After visitation rights have been granted to any grandparent, the legal custodian or guardian of the person of the child may petition the court for revocation or amendment of such visitation rights, for good cause shown, which the court, in its discretion, may grant or deny; but such a petition shall not be filed more than once in any two-year period."
Section 2. Said title is further amended by adding at the end of Code Section 19-8-8, relating to the filing and contents of a petition for adoption, a new subsection (f) to read as follows:
"(f) Whenever a petitioner is a grandparent or blood relative of the child to be adopted and another grandparent has visitation rights to the child granted pursuant to the provi sions of Code Section 19-7-3, the petitioner shall cause a copy of the petition for adoption to be served upon the grandparent with visitation rights or upon such person's counsel of record."
Section 3. Said title is further amended by striking Code Section 19-8-10 in its entirety and inserting in lieu thereof a new Code Section 19-8-10 to read as follows:
"19-8-10. If the child sought to be adopted has no father or mother living, it shall be the privilege of any person related by blood to the child to file objections to the petition for adoption. A grandparent with visitation rights to a child granted pursuant to Code Section 19-7-3 shall have the privilege to file objections to the petition of adoption if neither parent has any further rights to the child and if the petition for adoption has been filed by a blood relative of the child. The court, after hearing such objections, shall determine, in its discre tion, whether or not the same constitute a good reason for denying the petition."
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Senator Tysinger of the 41st moved that the Senate agree to the House substitute to SB 395.
On the motion, a roll call was taken, and the vote was as follows:

THURSDAY, MARCH 6, 1986

1969

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes
Bond orawnenn,on
BBrrvoawnnt of47th Burton Cobb Coverdell Dawkins Deal Dean

Engram Fincher Foster Garner Gillis
Harris HHianrerison
Horton Hudgins Huggins Kidd Land Langford McGill

Those not voting were Senators:

McKenzie Peevy Perry Phillips Ray
Reddish SSccootttt ooff 23n6dth
fSaturmr baugh Tate Timmons Tolleson Trulock Turner Tysinger

Broun of 46th Coleman English

Greene Howard

Kennedy (presiding) Walker

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 395.

The following bill of the Senate was taken up for the purpose of considering the House amendment thereto:

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 House amendment was as follows:
Amend SB 400 by striking lines 15 through 18 of Page 3 and inserting in their place the following:
"physicians."
By inserting quotation marks at the end of line 18 of Page 7.
By striking lines 19 through 22 of Page 7.
Senator Garner of the 30th moved that the Senate disagree to the House amendment to SB 400.

On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate disagreed to the House amendment to SB 400.

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JOURNAL OF THE SENATE

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

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 House substitute to SB 346 was as follows:

A BILL
To be entitled an Act 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; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 46-10-9 of the Official Code of Georgia Annotated, relating to the abolishment of the consumers' utility counsel, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code section to read as follows:
"46-10-9. This chapter shall be null and void and shall stand repealed in its entirety effective July 1, 1987."
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 Barnes of the 33rd moved that the Senate agree to the House substitute to SB 346.

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 BDBorawnetnl.ey Broun of 46th Bryant
Burton
Cobb
Coleman
Coverdell Dawkins

Deal Dean Fincher Foster Gillis Greene H,,H.mareris Holloway Horton
Howard
Hudgins
Huggins
Kidd Land

McGill McKenzie Peevy Perry Phillips j^y uR0 edj.jd.-ishu, 0 , Jo of 2nd Scott of 36th
Starr
Timmons
Turner
Tysinger Walker

Those voting in the negative were Senators:

Engram Garner Harrison

Langford Stumbaugh Tate

Tolleson Trulock

THURSDAY, MARCH 6, 1986

1971

Those not voting were Senators:

Brannon Brown of 47th

English

Kennedy (presiding)

On the motion, the yeas were 44, nays 8; the motion prevailed, and the Senate agreed to the House substitute to SB 346.

The following resolution of the House was taken up for the purpose of considering the House action thereon:

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.

Senator Dean of the 31st moved that the Senate adhere to the Senate amendment to HR 666, and that a Conference Committee be appointed.

On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate adhered to the Senate amendment to HR 666.

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 Dean of the 31st, Turner of the 8th and Stumbaugh of the 55th.

The following bill of the House was taken up for the purpose of considering the Confer ence Committee report thereon:

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 Conference Committee report on HB 1227 was as follows:

The Committee of Conference on HB 1227 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1227 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Pierre Howard Senator, 42nd District
/s/ Wayne Garner Senator, 30th District
/s/ Paul H. Trulock Senator, 10th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Denmark Groover Representative, 99th District
/s/ Charles A. Thomas, Jr. Representative, 69th District
1st Tommy Chambless Representative, 133rd District

1972

JOURNAL OF THE SENATE

Conference Committee substitute to HB 1227:

A BILL
To be entitled an Act to amend Code Section 15-5-21 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; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 15-5-21 of the Official Code of Georgia Annotated, relating to the promulgation of certain rules and regulations of the Judicial Council, is amended by adding at the end thereof a new subsection to read as follows:
"(d) A rule or regulation promulgated by the Judicial Council pursuant to this Code section shall not become effective unless that council provides to the chairperson of the Judiciary Committee of the House of Representatives, the chairperson of the Special Judici ary Committee of the House of Representatives, the chairperson of the Judiciary Committee of the Senate, and the chairperson of the Judiciary and Constitutional Law Committee of the Senate, at least 30 days prior to the date that council intends to adopt such rule or regulation, written notice which includes an exact copy of the proposed rule or regulation and the intended date of its adoption. After July 1, 1986, no rule or regulation adopted by the Judicial Council pursuant to this Code section shall be valid unless adopted in conform ity with this subsection. A proceeding to contest any rule or regulation on the grounds of noncompliance with this subsection must be commenced within two years from the effective date of the rule or regulation."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Howard of the 42nd moved that the Senate adopt the Conference Committee report on HB 1227.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Coverdell Dawkins Deal

Engram Fincher Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard Hudgins Huggins Kidd Land Langford

McGill McKenzie Peevy Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Voting in the negative was Senator Perry.

Those not voting were Senators:

THURSDAY, MARCH 6, 1986

1973

Brannon Dean

English

Kennedy (presiding)

On the motion, the yeas were 51, nays 1; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1227.

The following bill of the Senate was taken up for the purpose of considering the House amendment thereto:

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 House amendment was as follows: Page 2 - line 1 Add an "a" to the word "year" Remove the "comma" after 1987 and add the words "through 1989," Line 1 should then read: (c) "In calendar years 1987 through 1989, any motor vehicle owner".

Senator Foster of the 50th moved that the Senate agree to the House amendment to SB 293.

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 Bnd
^Borawnet"ley BBrroowunn ooff 4467tthh Bryant Burton Cobb Coverdell
Dawkins Deal

Dean Engram Fincher Foster Garner Gillis
2H?mrens HHoolrltoownay Howard Hudgins Huggins Kidd
Langford McGill

McKenzie Peevy Perry Phillips j^ay Reddish
So,cott of 36th rS*tuTMm,baugh, Timmons Tolleson Trulock Turner
Tysinger Walker

Those not voting were Senators:

Brannon Coleman English

Greene Harrison Kennedy (presiding)

Land Scott of 2nd Tate

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 293.

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JOURNAL OF THE SENATE

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
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 House substitute to SB 329 was as follows:
A BILL
To be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for the comprehensive regulation of audio stress examiners; to provide for definitions; to provide for general powers and duties of the Georgia Board of Private Detective and Security Agencies; to provide for qualifica tions of applicants for licenses; to provide for certain exceptions; to provide for audio stress examiner interns; to provide for supervision of such interns; to provide for individual quali fications for licenses; to provide for certain applications and fees; to provide for the issuance of licenses; to provide for reciprocity; to provide for license renewal; to provide for certain exemptions from fees; to provide for posting of licenses; to provide for certain identification cards; to provide for audio stress examinations; to provide for the contents, procedures, and testing conditions for such examinations; to provide for certain conclusions of such examina tions; to prohibit certain interviews; to require written consent to questions; to prohibit certain areas of questioning; to provide for rights of examinees; to provide for notification and procedure relating to such rights; to prohibit waivers of such rights; to provide for pres ervation of examination records; to require professional liability insurance; to provide for alternatives to such requirement; to provide for exceptions; to provide for investigative or disciplinary authority of the board; to require licenses and prohibit certain activities; to prohibit certain practices regarding payment for certain examinations; to prohibit certain activities by certain unlicensed persons; to prohibit certain activities by persons who are not licensed polygraph examiners; to provide for criminal penalties; to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding torts, so as to provide for negligent or improper administration of audio stress examinations; to provide for the measure of damages; to provide for other matters relative to the foregoing; to provide for legislative intent and 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. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by adding a new chapter immediately following Chapter 6, to be designated Chapter 6A, to read as follows:
"CHAPTER 6A
43-6A-1. As used in this chapter, the term:
(1) 'Audio stress examiner' means any person who measures stressful physiological re sponses which purport to detect deception or verify truth of statements through the use of instrumentation as described in paragraph (3) of this Code section.
(2) 'Audio stress examiner intern' means any person engaged in the study of audio stress and the administration of audio stress examinations under the personal supervision and control of an audio stress examiner.
(3) 'Audio stress instrument' means an instrument to measure audio stress responses for the purpose of testing or questioning individuals as to detect deception or verify truth of

THURSDAY, MARCH 6, 1986

1975

statements. Such instrument shall, as a minimum, record visually and permanently vocal microtremor patterns.
(4) 'Board' means the Georgia Board of Private Detective and Security Agencies.
43-6A-2. The board shall have the following powers and duties:
(1) To determine the qualifications and fitness of applicants for licenses consistent with this chapter;
(2) To issue, renew, deny, suspend, or revoke licenses consistent with this chapter;
(3) To initiate investigations for the purpose of discovering violations of this chapter;
(4) To hold hearings on all matters properly brought before the board in connection with such investigations, to administer oaths, receive evidence, make the necessary determi nations, and enter orders consistent with the findings;
(5) To establish continuing education requirements by rules and regulations; and
(6) To adopt, amend, or repeal all rules necessary to carry this chapter into effect.
43-6A-3. (a) Except as otherwise provided in subsection (b) of this Code section, in order to qualify for a license as an audio stress examiner, a person must:
(1) Be at least 21 years of age;
(2) Be a citizen of the United States;
(3) Be a person of good moral character;
(4) (A) Have a bachelor's degree from a full four-year accredited university or college recognized as such by the board; or
(B) (i) Have completed two years of study, or its equivalent, at such a university or college which shall include at least one course in physical science and one course in psychol ogy; and
(ii) Have at least two years' experience as an investigator or detective with a municipal, county, state, or federal agency.
Official transcripts must be submitted as proof for all college courses, technical courses, and other educational credits claimed by the applicant;
(5) Have satisfactorily completed a formal training course in the use of an audio stress instrument. Such training shall be at an audio stress examiners' school acceptable to the board;
(6) Have completed a period of a minimum of six months as an audio stress examiner intern under the supervision of a qualified audio stress examiner in this state or who has had sufficient training and experience in a state, federal, or municipal agency such that the board, in its discretion, may recognize the applicant as being properly trained and exper ienced; and
(7) Have passed any examination approved by the board for the purpose of determining the qualifications and fitness of applicants for licenses.
(b) An applicant who satisfactorily demonstrates to the board that such applicant has been engaged in performing tests as an audio stress examiner for a period of not less than one year prior to the effective date of this chapter shall not be subject to the qualifications for an audio stress examiner's license enumerated in this Code section and the board shall be authorized to issue a license to such applicant.
43-6A-4. (a) Prior to any licensing examination, an audio stress examiner intern must administer a minimum of 100 examinations consisting of no less than 50 specific examina tions in any given six-month internship period. The board, in its discretion, may require an audio stress examiner intern to bring all audio stress charts and allied papers resulting from the examinations conducted by the audio stress examiner intern for review by the board.

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(b) The applicant must submit to the board for its prior approval the name of the licensed audio stress examiner who will supervise the applicant during the intern program.
(c) Once a licensed audio stress examiner has been approved to supervise an audio stress examiner intern, the intern may not transfer to the supervision of another licensed audio stress examiner without the prior approval of the board.
(d) (1) The audio stress examiner who supervises an audio stress examiner intern must:
(A) Be an audio stress examiner for a period of at least three years immediately prior to commencing such supervision;
(B) Be licensed by the board; and
(C) Operate an audio stress instrument or otherwise be involved in audio stress work during at least 50 percent of his time in his current employment position.
(2) An audio stress examiner may not supervise more than two audio stress interns at any one time.
(3) The intern shall be personally supervised and controlled by the licensed audio stress examiner approved by the board and such examiner shall be on the premises where any testing is conducted and available to such intern for instruction or consultation.
(4) The board, in its discretion, may waive the 'on premises' requirement during the internship period in cases of extreme hardship.
(e) The board shall provide by rule that the licensed audio stress examiner and the audio stress examiner intern shall submit a periodic list to the board of all audio stress examinations conducted by the audio stress examiner intern during such period, stating the names, dates, and types of examinations given by the audio stress examiner intern. This list shall be signed by both the licensed audio stress examiner and the audio stress examiner intern.
(f) The board may, in its discretion, require the licensed audio stress examiner to ap pear with the audio stress examiner intern at the board's examination and present to the board any or all of the audio stress charts and allied papers prepared by the audio stress examiner intern during the internship program.
43-6A-5. Every person administering audio stress examinations must qualify individu ally for a license under this chapter and shall file with the board through the joint-secretary a written application accompanied by a fee established by the board.
43-6A-6. (a) When the board is satisfied that the applicant meets the requirements set out in Code Section 43-6A-4 for an audio stress examiner, the board shall issue and deliver to such applicant a license to conduct audio stress examinations, charging such fee for the issuance of the license as the board may establish. Such license shall not be transferable and shall be revoked or canceled only by the board.
(b) When the board is satisfied that the applicant meets the requirements set out in Code Section 43-6A-3, except for the qualifications set out in paragraphs (6) and (7) of subsection (a) of Code Section 43-6A-3, the board shall issue and deliver to such applicant a license to become an audio stress examiner intern, charging such fee for the issuance of the license as the board may establish. Such license shall not be transferable and shall be re voked only by the board.
43-6A-7. Persons licensed to operate audio stress instruments under the laws of any other state having requirements similar to those of this chapter may, in the discretion of the board, be issued a license to operate audio stress instruments in this state without written examination upon the payment of a fee in an amount established by the board, if such state grants similar reciprocity to license holders of this state.
43-6A-8. (a) All licenses issued under this chapter shall be renewable biennially.
(b) An audio stress examiner employed by a municipal, county, state, or federal agency

THURSDAY, MARCH 6, 1986

1977

shall not be required to pay any application or licensing fees as long as such examiner's sole use of the audio stress instrument is in performance of his official duties, provided that such audio stress examiner must be properly licensed as provided in Code Section 43-6A-6.
(c) All licenses shall at all times be posted in a conspicuous place in the principal place of business of the licensee in this state. The board shall issue to each licensed audio stress examiner an identification card which such examiner must have in such examiner's posses sion when administering an audio stress examination at a location away from such exam iner's normal place of business.
43-6A-9. All audio stress examinations shall be conducted under such testing conditions as are established by rules and regulations of the board. Such conditions, at a minimum, shall provide that:
(1) No chart shall contain less than seven nor more than 15 questions;
(2) An audio stress examiner shall not produce an audio stress chart which is not ade quately marked by the audio stress examiner to identify, at a minimum, each of the following:
(A) The individual being tested;
(B) The date of the examination;
(C) The time of the chart;
(D) The chart and test number; and
(E) The audio stress examiner's initials.
(3) An audio stress examiner shall not perform more than two examinations per hour not to exceed 18 audio stress examinations in any one 24 hour period; and
(4) When an audio stress examination is being administered, no person shall be present in the room other than the audio stress examiner without the knowledge and prior consent of the examinee. No audio stress examination shall be monitored with viewing or listening devices without the examinee's knowledge.
43-6A-10. (a) An audio stress examination shall consist of:
(1) A full and complete pretest interview;
(2) Chart examination; and
(3) A posttest interview when necessary. Such interview will include, but not be limited to, the examinee being informed of the examiner's opinion concerning the test results and an opportunity for the examinee to respond to those opinions rendered.
(b) No analysis of an audio stress examination shall be conducted other than personally by the audio stress examiner.
(c) (1) All conclusions or opinions of an audio stress examiner arising from the audio stress examination shall be in writing and shall be based on audio stress chart analysis. An audio stress examiner shall not render any conclusions or opinions without having produced two or more audio stress charts on the examinee covering the same questions.
(2) Only three types of conclusions or opinions will be rendered by an audio stress examiner:
(A) Deception indicated;
(B) No deception indicated; or
(C) Inconclusive chart analysis.
(3) Such conclusions or opinions shall contain no information other than admissions to relevant issues and interpretation of charts and shall contain no recommendation regarding the prospective or continued employment of an examinee.

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(4) An audio stress examiner shall, upon written request, provide to an examinee who so requests within 15 days of the date of examination a written copy of all opinions or conclu sions rendered and signed by the audio stress examiner within 15 days of the date the re quest is received by the examiner. The board is authorized to establish by rule a reasonable fee for the provision of such copy.
(d) No person except a licensed audio stress examiner shall conduct an interview in the presence of an audio stress instrument which might lead the examinee to believe that such person is an audio stress examiner.
(e) An audio stress examiner shall not ask a question during an audio stress examina tion unless, prior to such examination, such question has been submitted in writing to the examinee, the audio stress examiner has reviewed such question with the examinee, and the examinee gives written consent to such question.
43-6A-11. An audio stress examiner shall not inquire into any of the following areas during preemployment or periodic employment examinations:
(1) Religious beliefs or affiliations;
(2) Beliefs or opinions regarding racial matters;
(3) Political beliefs or affiliations;
(4) Beliefs, affiliations, or lawful activities regarding unions or labor organizations; or
(5) Sexual preferences or activities.
43-6A-12. (a) In order to protect the rights of the examinee in the administration of an audio stress examination, the following minimum procedures must be followed:
(1) Each prospective examinee shall be required to sign a notification and receive a copy of such notification, prior to the beginning of an audio stress examination, which con tains the following information:
(A) That such examinee is consenting voluntarily to take the examination;
(B) That the audio stress examiner shall not inquire into any of the following areas during preemployment or periodic examinations:
(i) Religious beliefs or affiliations;
(ii) Beliefs or opinions regarding racial matters;
(iii) Political beliefs or affiliations;
(iv) Beliefs, affiliations, or lawful activities regarding unions or labor organizations; or
(v) Sexual preferences or activities;
(C) That such examinee may terminate the examination at any time;
(D) That, upon written request, such examinee shall be provided with a written copy of any opinions or conclusions rendered as a result of the examination. The board is authorized to establish by rule a reasonable fee for the provision of such copy;
(E) The name of the audio stress examiner, such examiner's license number issued by the board, and such examiner's business address;
(F) The name and address of the Georgia Board of Private Detective and Security Agencies; and
(G) That such examinee has the right to file a complaint with the board if such ex aminee feels that the examination has been improperly conducted. The exact wording of this provision of the notification shall be prescribed by rules or regulations of the board;
(2) The board shall provide by rule for the form of the notification provided for in paragraph (1) of this subsection;
(3) (A) An audio stress examiner, when administering an audio stress examination, shall

THURSDAY, MARCH 6, 1986

1979

not attempt to measure stressful physiological responses on matters or issues not discussed with the subject during the pretest interview or not reasonably related to the matters or issues previously discussed with the subject.
(B) No audio stress examiner after conducting a preemployment audio stress examina tion shall conduct an accusatory interrogation for the purpose of eliciting a confession or admission against interest from the examinee; provided, however, that this subparagraph shall not preclude an audio stress examiner from informing the examinee of the results of the audio stress examination and giving the examinee an opportunity to explain such results.
(C) An audio stress examiner shall not knowingly coerce or intimidate a subject into signing a confession or verbally confessing to matters.
(D) An audio stress examiner shall not release the results of a subject's examination unless the examiner has obtained the prior written permission of the subject.
(E) An audio stress examiner shall not conduct an examination of a subject if the exam iner knows or has reason to believe that the subject is mentally or physically incapable of undergoing an audio stress examination.
(F) An examinee shall be allowed to tape-record such examinee's examination concern ing any matters directly relating to employment; and
(4) A licensed audio stress examiner, a licensed audio stress examiner intern, or an em ployee of a licensed audio stress examiner may only disclose information acquired from an audio stress examination to:
(A) The examinee or any other person specifically designated in writing by the examinee;
(B) The person, firm, corporation, partnership, business entity, or governmental agency that requested the examination; or
(C) Any person pursuant to and directed by court order.
(b) The rights and procedures provided for in this Code section shall not be affected by any contract or waiver and an audio stress examiner shall be prohibited from requesting that an examinee execute any such contract or waiver.
43-6A-13. An audio stress examiner shall preserve and keep on file for a minimum of two years after administering an audio stress examination all opinions, reports, charts, ques tion lists, and all other records relating to the audio stress examination.
43-6A-14. (a) Except as otherwise provided in subsection (b) of this Code section, any audio stress examiner licensed under this chapter shall be required to acquire and maintain a minimum of $25,000.00 professional liability insurance. No licensee or applicant shall can cel or cause to be canceled any insurance policy issued pursuant to this Code section unless the board is so informed in writing by certified mail at least 30 days prior to the proposed cancellation.
(b) (1) In lieu of the requirements of subsection (a) of this Code section, each applicant for a license under this chapter shall provide satisfactory evidence to the board that the prospective licensee has posted or has made provision for the posting of a bond. The re quired bond shall be executed in favor of the state, in the amount of $10,000.00, with a surety company authorized to do business in this state and conditioned to pay damages not to exceed the amount of such bond to any person aggrieved by any act of the principal named in such bond, which act is in violation of this chapter and would be grounds for denial, suspension, or revocation of a license. Immediately upon the granting of a license, such bond shall be filed with the joint-secretary by the licensee and shall be approved by the joint-secretary as to form and as to the solvency of the surety. The prospective licensee may file the required bond with the joint-secretary prior to the granting of a license for the joint-secretary's approval. No licensee shall cancel or cause to be canceled a bond issued pursuant to this Code section unless the board is so informed in writing by certified mail at

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least 30 days prior to the proposed cancellation. In lieu of the required bond, the prospec tive licensee may submit a net worth affidavit, prepared using standard accounting proce dures, which affidavit indicates that the prospective licensee has a net worth of more than $50,000.00. The board, in its discretion, may accept a financial affidavit in lieu of the bond required by this subsection. The board shall require licensees under this Code section to submit periodic financial updates to ensure continued financial responsibility. If the surety or licensee fails to submit, within ten days of the effective date of cancellation, a new bond or a net worth statement as outlined in this subsection, the board shall have the authority to revoke any license issued under this chapter.
(2) If the insurance policy or the bond issued as a requirement of this Code section is canceled for any reason by either the insurance carrier, surety, or licensee and the licensee fails to submit within ten days of the effective date of the cancellation either a new insur ance policy, bond, or net worth statement showing that the licensee has a net worth of $50,000.00, calculated according to standard accounting procedures, the license of such per son shall stand revoked. The board shall by rules and regulations provide procedures which will enable such a person with a revoked license to have the license reinstated upon proof of insurance, bond, or appropriate net worth statement.
(c) The board is authorized to provide by rule for the implementation and enforcement of this Code section.
(d) This Code section shall not apply to an audio stress examiner employed by a munic ipal, county, state, or federal agency as long as such examiner's sole use of the audio stress instrument is in performance of such examiner's official duties.
43-6A-15. Investigative and disciplinary authority of the board under this chapter shall be as provided for in Code Section 43-1-19.
43-6A-16. It shall be unlawful for any person to conduct audio stress examinations un less such person shall have first obtained a license as provided in this chapter and possesses all the qualifications prescribed by the terms of this chapter. Any person who conducts or attempts to conduct audio stress examinations without a license, or who buys or fraudu lently obtains a license to conduct audio stress examinations, or who violates any of the terms of this chapter, or who uses the title 'audio stress examiner' or any word or title to induce the belief that such person is an audio stress examiner, without first complying with this chapter, shall be guilty of a misdemeanor and, upon conviction thereof, shall be pun ished by a fine of not less than $100.00 nor more than $500.00, or by imprisonment in the county jail for not less than 30 days nor more than one year, or both, at the discretion of the court. All subsequent offenses shall be separate and distinct offenses and punishable in like manner.
43-6A-17. It shall be unlawful for an employer or prospective employer to charge or require an employee or prospective employee to pay for any audio stress examination re quired as a condition of preemployment or continued employment.
43-6A-18. It shall be unlawful for any person other than a licensed audio stress exam iner to hold such person out to the public to be a licensed audio stress examiner. It shall be unlawful for any person to in any way indicate or imply that such person is a licensed poly graph examiner unless such person is a polygraph examiner licensed under Chapter 36 of this title.
43-6A-19. This chapter shall not apply to any person who uses an audio stress instru ment for the sole purpose of conducting scientific or academic research or experiments. Such results shall be used exclusively for academic or scientific pursuits and in no way shall be used for specific employment or law enforcement or public safety objectives."
Section 2. Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to

THURSDAY, MARCH 6, 1986

1981

general provisions regarding torts, is amended by adding at the end thereof a new Code section, to be designated Code Section 51-1-38, to read as follows:
"51-1-38. (a) Any person who is given an audio stress examination and who suffers dam ages as a result of:
(1) Such audio stress examination having been administered in a negligent manner; or
(2) Such audio stress examination having not been administered in conformity with the provisions of Chapter 6A of Title 43
shall have a cause of action against the audio stress examiner.
(b) The measure of damages shall be the actual damages sustained by such person, together with reasonable attorneys' fees, filing fees, and reasonable costs of the action. Rea sonable costs of the action may include, but shall not be limited to, the expenses of discov ery and document reproduction. Damages may include, but shall not be limited to, back pay for the period during which such person did not work or was denied a job as a result of such examination."
Section 3. Nothing contained in this Act shall be construed so as to authorize the re sults of any audio stress examination to be introduced in evidence in any judicial or admin istrative proceeding in this state; provided, however, that such an examination given with respect to employment may be admitted in an administrative proceeding dealing solely with action taken with respect to the employment; nor shall this Act be construed as a legislative determination that such examinations are reliable to demonstrate any fact or that they have any probative value.
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.
Senator Peevy of the 48th moved that the Senate disagree to the House substitute to SB 329.
On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SB 329.
The following bill of the Senate was taken up for the purpose of considering the House amendment thereto:
SB 83. By Senator Howard of the 42nd:
A bill to amend Code Section 15-6-28 of the Official Code of Georgia Annotated, relating to the employment of one law clerk for each judicial circuit, so as to allow payment of the salary amount to which a law clerk would be entitled under such Code section to be made to a county of a judicial circuit which employs more than one law clerk.
The House amendment was as follows:
Amend SB 83 by striking from line 13 of Page 1 and from line 14 of Page 1 the following:
"(g)",
and inserting in their respective places the following: "(h)".
Senator Howard of the 42nd moved that the Senate agree to the House amendment to SB 83.

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JOURNAL OF THE SENATE

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Coverdell Dawkins

Deal Dean Engram Fincher Foster Gillis Harris Harrison Hine Howard Hudgins Huggins Kidd Land McGill

McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Brannon English Garner Greene

Holloway Horton Kennedy (presiding)

Langford Tate Timmons

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 83.

The following bill of the Senate was taken up for the purpose of considering the House amendment thereto:

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.

The House amendment was as follows: Page 1 - line 24 Add an "s" to the word "year" Remove the "comma" after 1987 and add the words "through 1989," Line 24 should then read: (c) "In calendar years 1987 through 1989, any motor vehicle owner".

Senator Tate of the 38th moved that the Senate agree to the House amendment to SB 423.

On the motion, a roll call was taken, and the vote was as follows:

THURSDAY, MARCH 6, 1986

1983

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 Howard Huggins Kidd Land McGill

Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Brannon Garner Harrison

Horton Hudgins Kennedy (presiding)

Langford McKenzie Trulock

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 423.

The following bill of the Senate was taken up for the purpose of considering the House amendment thereto:

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 House amendment was as follows: Page 1 - line 24 Add an "s" to the word "year" Remove the "comma" after 1987 and add the words "through 1989," Line 24 should then read: (c) "In calendar years 1987 through 1989, any motor vehicle owner".

Senator Tate of the 38th moved that the Senate agree to the House amendment to SB 424.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes

Bond Bowen Brantley Broun of 46th Brown of 47th

Bryant Burton Cobb Coverdell Dawkins

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JOURNAL OF THE SENATE

Deal Dean English Engram FGoilsltiser
Greene Harris Hine Holloway

Howard Huggins Kidd Land LMacnGgiflol rd
McKenzie Peevy Perry Phillips

Ray Reddish Scott of 36th Starr 0St, umb, augh,
late Tolleson Turner Tysinger

Those not voting were Senators:

Brannon Coleman Fincher Garner

Harrison Horton Hudgins Kennedy (presiding)

Scott of 2nd Timmons Trulock Walker

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 424.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

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 House substitute to SB 390 was as follows:

A BILL
To be entitled an Act to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle 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 provide for filing of financial responsi bility; to provide what shall be considered a conviction for the purposes of license suspen sions; 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 Public Safety; to provide for violations, penalties, and penalty fees; to pro vide for the suspension of licenses, tags, and tag registrations; to authorize rules and regula tions; 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, so as to allow such deposit for an offense under Chapter 34 of Title 33; 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 authorize 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

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1985

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 or in sured has furnished proof in the form provided in this subsection to the licensing authorities that there is in effect the minimum insurance coverage 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 to exceed 180 days. This time period shall apply only to private passenger vehicles. 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 subsec tion; however, such information as pertains to the minimum insurance coverage shall con tain the certification of the applicant that minimum insurance is in force and the premium 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.
(b) Insurers shall issue at least two proof of insurance cards as prescribed by the com missioner of public safety to the owner of each vehicle. It shall be unlawful for any insurer to provide proof of any insurance required by this chapter which indicates coverage for any period of time without requiring full payment of the premium or, if the premium is being paid on an installment basis, that the premium for the first 60 days has been paid in full. Any insurer violating the provisions of this subsection shall be guilty of a misdemeanor.
33-34-10.1. (a) Any person convicted of a violation of subsection (a), (b), or (c) of Code Section 33-34-12 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 paragraph (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.
33-34-10.2. (a) For the purposes of mandatory suspension of a driver's license for a first violation of subsection (a), (b), or (c) of Code Section 33-34-12, a forfeiture of bail or collat eral used to seek a defendant's appearance in court, the payment of a fine, a plea of guilty, or a finding of guilty shall be considered a conviction regardless of whether the sentence is suspended, probated, rebated, or revoked. A plea of nolo contendere shall not be considered a conviction under this subsection, but a record of the disposition of the case shall be for warded by the court to the Department of Public Safety for the purposes of counting the plea of nolo contendere as a conviction under subsection (b) of this Code section.
(b) For the purposes of mandatory suspension of a driver's license or license tag for a second or subsequent violation of subsection (a), (b), or (c) of 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 subsection (a), (b), or (c) of 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.
33-34-11. (a) In cases in which the minimum insurance required by this chapter is can celed during the term of the policy, the insurer, within ten days of the effective date of the cancellation, shall notify the Department of Public Safety in the form specified by the de partment of such cancellation. For the purposes of aiding in the enforcement of this chap ter, insurers shall furnish any insurance coverage information deemed necessary by the de partment or other appropriate law enforcement agencies.
(b) (1) Upon receipt of notification of cancellation, the department shall send a notice

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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 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 not in effect, the owner's driver's license shall be suspended immediately by the department. Upon demand of the department, the owner shall forward the driver's license to the department. When the owner provides proof of having prepaid a 180 day minimum insurance policy and pays a restoration fee of $25.00, the suspension shall terminate and the department shall return the driver's license to the owner of the motor vehicle.
(2) If the owner does not respond within the specified time period, the department shall suspend the owner's driver's license. Upon demand of the department, the owner shall for ward the driver's license to the department. When the owner provides proof of having pre paid a 180 day minimum insurance policy and pays a restoration fee of $25.00, the suspen sion period shall terminate and the department shall return the driver's license to the owner of the motor vehicle; provided, however, that any owner whose driver's license has been suspended pursuant to this paragraph who provides proof of continuous minimum insurance coverage shall not be deemed to have violated this Code section or Code Section 40-5-121 and no restoration fee shall be required.
(3) In the event of a second or subsequent offense under this Code section during any five-year period, the department shall suspend the driver's license, license tag, and tag regis tration for a period of 60 days. Upon demand of the department, the owner shall forward the driver's license, license tag, and tag registration to the department. After the 60 day suspension period and when the owner provides proof of having prepaid a 180 day minimum insurance policy and pays a restoration fee of $25.00 to the department, the suspension shall terminate and the department shall return the driver's license, license tag, and tag registra tion 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.
33-34-12. (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 the operation of the vehicle. A duly executed vehicle rental agreement shall be considered satisfactory proof or evidence of the minimum insurance coverage required by this chapter. 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 for the purposes of compliance with this Code section. Except as otherwise provided in paragraph (4) of subsection (d) of this Code section, any person who fails to comply with the requirements of this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not less than $200.00 nor more than $1,000.00 or imprisonment for not more than 30 days, or both.
(b) An owner or any other person who knowingly operates or knowingly authorizes an other 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 and, upon conviction thereof, shall be subject to a fine of not less than $200.00 nor more than $1,000.00 or imprisonment for not more than 30 days, or both. An operator of a motor

THURSDAY, MARCH 6, 1986

1987

vehicle shall not be guilty of a violation of this Code section if such operator maintains a policy of motor vehicle insurance which extends coverage to any vehicle the operator may drive and which otherwise meets the requirements of this chapter.
(c) Any person who knowingly makes a false statement or certification under Code Sec tion 33-34-10, 33-34-11, or this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not less than $200.00 nor more than $1,000.00 or imprisonment for not more than 30 days, or both.
(d) (1) 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 driver's license of the operator of the vehicle.
(2) 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 operating a motor vehicle without proof of insurance and shall take possession of the driver's license and forward it to a court of competent jurisdiction.
(3) If the court or arresting officer determines that the operator is not the owner, then a uniform traffic citation may be issued to the owner for authorizing the operation of a motor vehicle without proof of insurance.
(4) If the person receiving a citation under paragraph (2) or (3) of this subsection 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 driver's license upon payment of a fine not to exceed $25.00. The court shall not in this case forward a record of the disposition of the case to the department.
(e) In addition to any other punishment, the driver's license of a person convicted under subsection (a), (b), or (c) of this Code section shall be suspended for a period of 60 days. The person shall submit the driver's license to the court upon conviction and the court shall forward the driver's license to the Department of Public Safety. After the 60 day sus pension period and when the person provides proof of having prepaid a 180 day minimum insurance policy and pays a restoration fee of $25.00 to the department, the suspension shall terminate and the department shall return the person's driver's license to such person. For a second or subsequent offense within a five-year period, the suspension period will be in creased to 90 days and, in addition to the driver's license, such person's license tag and tag registration shall also be suspended for a period of 90 days. The procedures for submission of driver's licenses to the court and the forwarding of such licenses to the department shall also apply to license tags and tag registrations.
(f) A hearing of contempt of court shall be scheduled for any person refusing to deliver his motor vehicle driver's license and, where applicable, motor vehicle license tag and tag registration to the court after a conviction under subsection (a), (b), or (c) of this Code section and a warrant shall issue for the arrest of such person.
33-34-12.1. (a) It is the duty of any person who has his or her driver's license and, where applicable, license tag and tag registration suspended under the provisions of this chapter immediately upon suspension and demand of the department to forward such items to the department.
(b) If such driver's license and, where applicable, license tag and tag registration are not received by the department within ten days following the effective date of suspension, the commissioner of public safety shall immediately direct any member of the Georgia State Patrol or any peace officer to secure possession of the driver's license and, where applicable, license tag and tag registration and return the same to the Department of Public Safety.
(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-

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sion, whichever occurs first. For the purposes of making any determination under this chap ter relating to the return of a suspended motor vehicle driver's license and, where applicable, license tag and tag registration, a period of suspension under this chapter shall begin upon the date of surrender of the driver's license and, where applicable, license tag and tag registration to the court having jurisdiction or to the department, whichever date first occurs.
(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 $200.00 nor more than $1,000.00 or imprisonment for not more than 90 days.
33-34-13. (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.
(b) Any rules or regulations proposed pursuant to this Code section shall be submitted to the Motor Vehicles Committee of the House of Representatives and the Insurance Com mittee of the Senate prior to the implementation of such rules or regulations."
Section 2. 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, is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Any other laws to the contrary notwithstanding, any person who is arrested by an officer for the violation of the laws of this state or ordinances relating to (1) traffic, including any offense under Code Section 33-34-12, but excepting any other offense for which a license may be suspended for a first offense by the commissioner of public safety; (2) the licensing and registration of motor vehicles and operators; (3) the width, height, and length of vehi cles and loads; (4) motor common carriers and motor contract carriers; or (5) road taxes on motor carriers as provided in Article 2 of Chapter 9 of Title 48 upon being served with the official summons issued by such arresting officer, in lieu of being immediately brought before the proper magistrate, recorder, or other judicial officer to enter into a formal recog nizance or make direct the deposit of a proper sum of money in lieu of a recognizance order ing incarceration, may deposit his chauffeur's or driver's license with the apprehending of ficer in lieu of bail, in lieu of entering into a recognizance for his appearance for trial as set in the aforesaid summons or being incarcerated by the arresting officer and held for further action by the appropriate judicial officer. A receipt for such license or deposit shall be given to such person by the arresting officer, and thereafter said person shall be permitted to use the receipt to operate a motor vehicle upon the highways of this state during the pendency of the case in which the license was deposited, unless his license or privilege is otherwise revoked, suspended, or canceled; provided, however, that such receipt shall in no event be valid for more than 45 days. The summons duly served as herein provided shall give the judicial officer jurisdiction to dispose of the matter."
Section 3. 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 subsection (a) or (b) of Code Section 33-34-12."
Section 4. All laws and parts of laws in conflict with this Act are repealed.

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1989

Senator Greene of the 26th moved that the Senate disagree to the House substitute to SB 390.
On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SB 390.
The following resolutions of the Senate were read and adopted:
SR 511. By Senator Stumbaugh of the 55th: A resolution expressing support for the Goodwill Games and inviting certain ath letic participants to appear before the Senate.
SR 515. By Senators Albert of the 23rd and Allgood of the 22nd: A resolution commending Roscoe Coleman.
SR 516. By Senator Starr of the 44th: A resolution congratulating Atlanta Gas Light Company on its one hundred thir tieth anniversary.
SR 517. By Senator Starr of the 44th: A resolution commending Helen D. Roquemore.
SR 518. By Senators Howard of the 42nd and Coverdell of the 40th: A resolution commending Mr. Richard H. Horsey.
SR 519. By Senator Holloway of the 12th: A resolution commemorating Albany, Georgia's, sesquicentennial birthday.
SR 520. By Senator Coleman of the 1st: A resolution recognizing the two hundredth anniversary of the Chatham Artillery.
SR 521. By Senator Hudgins of the 15th: A resolution commending Dr. Frederick E. Emery.
SR 522. By Senators Bond of the 39th, Langford of the 35th, Scott of the 36th and others: A resolution commending Brother Esmond Patterson.
SR 523. By Senators Engram of the 34th and Kidd of the 25th: A resolution recognizing the rights of victims of crime and expressing apprecia tion to Georgians For Victim Justice.
SR 524. By Senators Tysinger of the 41st, Broun of the 46th, Dawkins of the 45th and others: A resolution commending the General Motors Corporation and the United Auto Workers Union Local 10.

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SR 525. By Senators Foster of the 50th and Howard of the 42nd: A resolution commending Mr. Holger Weis.
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 7:05 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, MARCH 7, 1986

1991

Senate Chamber, Atlanta, Georgia Friday, March 7, 1986
Fortieth Legislative Day
The Senate met pursuant to adjournment at 9:00 o'clock A.M. today and was called to order by the President.
Senator Barker of the 18th reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has agreed to the Senate substitute to the following bills of the House:
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 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.
The House has agreed to the Senate amendments to the following bills of the House:
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 2071. By Representative Kingston of the 125th: A bill to propose the incorporation and provide a proposed charter for the City of Islands in Chatham County.
The following resolution of the Senate was introduced, read the first time and referred to committee:
SR 526. By Senator Hudgins of the 15th: A resolution creating the Senate Youth Development Center Study Committee.
Referred to Committee on Rules.

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The following report of a standing committee was read by the Secretary:

Mr. President:

The Committee on Urban and County Affairs has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 1557.
HB 1642.
HB 1840. HB1898.

Do pass.
Do pass.
Do pass. Do pass.

HB 1934. Do pass. HB 2(m DQ pasg
HB 2069' D paSS'

HB 1933.

Do pass as amended.

HB 2070. 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 Baldwin Barker Barnes Bowen BBrraynatnltey
Burton
Dawkins
English

Garner Gillis Harrison Mine Holloway HKuengngiendsy
Kidd
McGill
McKenzie

Peevy Perry Phillips Reddish ot ^To*ll"eson
Trulock
Turner
Walker

Those not answering were Senators:

Allgood Bond Brannon Broun of 46th Brown of 47th Cobb Coleman Coverdell Deal

Dean Engram Fincher Foster Greene Harris Horton Howard Hudgins

Land Langford Ray Scott of 2nd Scott of 36th Stumbaugh Tate Timmons Tysinger

Senator Trulock of the 10th introduced the chaplain of the day, Reverend Mary Amos, Chaplain at Emory University Hospital, Atlanta, Georgia, who offered scripture reading and prayer.

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 Friday, March 7, 1986
FORTIETH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.)

FRIDAY, MARCH 7, 1986

1993

HB 1557 Barnes, 33rd Brantley, 56th Tolleson, 32nd Harrison, 37th 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 sheriff of county; fixes compensation of chief investigator for county.

HB 1642 Engram, 34th Langford, 35th Scott, 36th Tate, 38th Bond, 39th Coverdell, 40th Brantley, 56th Fulton County
Amends Act fixing compensation of board of commissioners of counties hav ing a population of 550,000 or more according to the U.S. decennial census; changes provisions relating to the U.S. decennial census used for population classifications of such counties; changes provisions relating to compensation of chairman and other members of board of commissioners of such counties.

HB 1840 Barnes, 33rd Harrison, 37th Brantley, 56th Tolleson, 32nd City of Marietta Cobb County
Amends Act creating Downtown Marietta Development Authority; enlarges Downtown Marietta District.

HB 1898 Tolleson, 32nd Harrison, 37th Brantley, 56th Barnes, 33rd Cobb County
Amends Act creating Cobb County-Marietta Water Authority; increases $120 million the maximum amount of negotiable revenue bonds issuable by the authority; changes compensation payable to chairman and members of au thority.

*HB 1933

Barnes, 33rd Engram, 34th Garner, 30th City of Austell Cobb and Douglas Counties
Re-incorporates and provides new charter for city. (AMENDMENT)

HB 1934 Barnes, 33rd Tolleson, 32nd Harrison, 37th Brantley, 56th

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City of Marietta Cobb County
Amends Act re-incorporating city; changes qualifications for office of council man and provides that a candidate for councilman shall be a resident of the ward from which he seeks election for one year immediately preceding his election.
HB 2012 Tolleson, 32nd Harrison, 37th Brantley, 56th Barnes, 33rd City of Marietta Cobb County
Amends Act creating Cobb-Marietta Coliseum Exhibit Hall Authority; pro vides for appointment of members of Authority.
HB 2069 Harrison, 37th Barnes, 33rd Tolleson, 32nd Brantley, 56th Cobb County
Authorizes establishment of Civil Service System in county for persons re ceiving salary and wages in whole or in part from Cobb County; provides for withdrawal of certain departments from inclusions under Cobb County Civil Service System.
HB 2070 Harrison, 37th Barnes, 33rd Tolleson, 32nd Brantley, 56th Cobb County
Continues amendment authorizing county power to regulate and license busi nesses and to levy license fees and occupational taxes in county; provides authority for this Act.
The amendment to the following bill was put upon its adoption:
*HB 1933:
The Senate Committee on Urban and County Affairs offered the following amendment:
Amend HB 1933 by adding after "veto." on line 29 on Page 28 the following:
"The city council shall within 60 days after the effective date of this charter at a regu larly scheduled meeting fix the number of affirmative votes needed to override the mayor's veto. Such number shall be not less than four nor more than five. The selection by the council shall not be subject to veto by the mayor."
By striking from lines 30 and 31 on Page 28 the following:
"an affirmative vote of at least five council members",
and inserting in lieu thereof the following:
"the number of votes as above provided".
On the adoption of the amendment, the yeas were 44, nays 0, and the amendment was adopted.

FRIDAY, MARCH 7, 1986

1995

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

Coverdell Dawkins Deal Dean English Engram Foster Garner Gillis Harris Holloway Huggins Kennedy Kidd Land

Langford McGill McKenzie Peevy Perry Phillips Ray Reddish Starr Tate Tolleson Trulock Tysinger Walker

Those not voting were Senators:

Fincher Greene Harrison Hine

Horton Howard Hudgins Scott of 2nd

Scott of 36th Stumbaugh Timmons Turner

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 1933, having received the requisite constitutional majority, were passed.

HB 1933, having received the requisite constitutional majority, was passed as amended.

The following resolutions of the Senate were read and adopted:

SR 527. By Senators Garner of the 30th and Baldwin of the 29th: A resolution commending the West Georgia College Braves basketball team.

SR 528. By Senators Garner of the 30th and Baldwin of the 29th: A resolution expressing regret at the passing of Roy Richards.

The President stated that at this time the Senate would consider in open session the appointments submitted by His Excellency, Governor Joe Frank Harris, in a communication to the Senate on February 27, which is included in the Journal of February 27.

Senator Barnes of the 33rd 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.

No Senator requested the name of any appointee be deleted.

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JOURNAL OF THE SENATE

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 Bo"*1 Bowen BBrraannntloeny
Broun of 46th Brown of 47th Bryant Burton Cobb Coleman

Coverdell Deal Dean English Engram Foster Garner GHialrlirsis
Hine Huggins Kennedy Kidd Land Langford

McGill Peevy Perry Phillips pav Reddish o*0St, umb, augh,
late Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Dawkins Fincher Greene Harrison

Holloway Horton Howard Hudgins

McKenzie Scott of 2nd Scott of 36th Timmons

On the motion, the yeas were 44, nays 0; the motion prevailed, and all of the appointees were confirmed.

On the confirmation of the above appointees, the following communication was sent by the Secretary of the Senate to His Excellency, Governor Joe Frank Harris:

Office of Secretary of the Senate 353 State Capitol
Atlanta, Georgia 30334
March 7, 1986
Honorable Joe Frank Harris Governor State Capitol Atlanta, Georgia
Under the rules of the Georgia State Senate governing confirmation of appointments submitted by you, I have the honor to report to you as follows:
Nominations sent to the Senate by you on February 27, 1986, were acted upon by the Georgia State Senate in session on March 7, 1986, with the following results:
Honorable Claude Joe Sears of Brantley County as a member of the State Board of Education, for the term of office beginning February 7, 1986, and ending January 1, 1988. The vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
The following named persons as members of the Health Policy Council, for the term of office beginning January 17, 1986, and ending September 29, 1987: James S. Snow, D.O., of Mclntosh County; Geneva Lyde of Glynn County; Sammie D. Dixon, M.D., of Tift County; Suzanne Gordon of Dougherty County; A. Lucian Cousins, M.D., of Troup County; Charles Harper of Muscogee County; Frank R. Shaw of Fulton County; Letitia Glover, Ph.D., of DeKalb County; S. Boyd Eaton, M.D., of Fulton County; Lynne M. May of Fulton County; Commodore T. Mobley, Jr., of Douglas County; Reverend Isaac Fitzgerald of Paulding County; Bill G. Waters of Floyd County; Reverend David W. Braziel, Jr., of Floyd County;

FRIDAY, MARCH 7, 1986

1997

W. Douglas Skelton, M.D., of Bibb County; C. Jerome Adams of Coffee County; Norman D. Burkett of Whitfield County; Johanna S. McMullan of Hart County; Geraldine Rinker of Richmond County; Alvin M. Evans, ST., of Barrow County; Betsy Startari-Lurey of Fulton County; Claudette Leak of DeKalb County; Ruth H. Gershon of DeKalb County; Reverend Calhoun Sims of Fulton County; Katherine L. Wetherbee of Fulton County. The vote on this confirmation was yeas 44, nays 0, and the nominees were confirmed.
Honorable Barbara King, B.D.D., of Fulton County as a member of the Joint Board of Family Practice, for the term of office beginning February 21, 1986, and ending July 1, 1991. The vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
Honorable Calvin T. Griffith of Oconee County as a member of the Board of Natural Resources, for the term of office beginning January 29, 1986, and ending January 1, 1990. The vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
Honorable Jack A. Raines, M.D., of Muscogee County as a member of the Composite State Board of Medical Examiners, for the term of office beginning February 5, 1986, and ending September 1, 1988. The vote on this confirmation was yeas 44, nays 0, and the nomi nee was confirmed.
Honorable Susan Landrum of Pickens County as a member of the State Personnel Board, for the term of office beginning January 22, 1986, and ending January 3, 1991. The vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
The following named persons as members of the State Board of Physical Therapy, for the term of office beginning February 18, 1986, and ending August 30,1987: Harold Smith of Richmond County; Dan Doleman, Jr., of Muscogee County. The vote on this confirmation was yeas 44, nays 0, and the nominees were confirmed.
The following named persons as members of the State Board of Physical Therapy, for the term of office beginning February 18, 1986, and ending August 30, 1988: Bonnie M. Blossom of Cobb County; June R. Frost of Floyd County. The vote on this confirmation was yeas 44, nays 0, and the nominees were confirmed.
The following named persons as members of the State Board of Examiners for Speech Pathology and Audiology, for the term of office beginning February 17, 1986, and ending June 24, 1988: Rita Rosinek Chaiken of DeKalb County; Rebecca K. Reeves of DeKalb County. The vote on this confirmation was yeas 44, nays 0, and the nominees were confirmed.
Honorable Harold E. Kerkhoff of Gwinnett 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 January 30, 1986, and ending August 17, 1989. The vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
Sincerely,
/s/ Hamilton McWhorter, Jr. Secretary of the Senate
SENATE RULES CALENDAR
Friday, March 7, 1986
FORTIETH LEGISLATIVE DAY
SR 394 Health Care Supply and Financing Study Committee--create (SUBSTITUTE) (Hum R--28th)
SR 421 Medical Profession Study Committee--create (Hum R--49th)
SR 422 Senate Study Committee for Seat Belts on School Buses--create (Ed--5th)
SR 174 Peace Officers' Annuity and Benefit Fund Study Committee--create (Rules--34th)

1998

JOURNAL OF THE SENATE

SR 314 Senate Private Long-term Care Insurance Study Committee--create (Rules--14th)
SR 323 Senate Study Committee on Revenue Sharing for Policeman Salary--create (Rules--25th)
SR 356 University Sys. Laboratory, Equipment, Rehabilitation Technology, and Emi nent Scholars Endowment Study Committee (Rules--46th)
SR 441 State Facilities for the Training of the Blind Study Committee--create (Rules--5th)
SR 453 Local Public Safety Officers' Compensation Study Committee--create (Rules--46th)
SR 463 Head Injury Treatment and Rehabilitation Study Committee--create (Rules--21st)
SR 472 Senate Commercial Dental Laboratories Study Committee--create (Rules--25th)
SR 480 Senate Transportation Study Committee--create (Rules--1st)
SR 490 Economic Development Through Historic Preservation Study Commit tee--create (Rules--42nd)
SR 470 Ellijay Farmers Market--relative to repayment for apple cooler (Rules--51st)
HB 1487 Fuel Efficient Motor Carrier System--for maintenance of intrastate transporta tion system (Trans--12th)
HB 1351 Certain Habeas Corpus Proceeding--Public Safety Commissioner not proper party respondent (SUBSTITUTE) (Judy--49th)
HB 1285 Health Care Data Clearing House--to collect health care data (SUBSTITUTE) (Gov Op--25th)
HB 1315 Department of Human Resources--change provisions for appeal of any final or ders or action (SUBSTITUTE) (Judy--29th)
HB 1843 Public Safety Uniform Division--recruits, cadets designated peace officers (SUB STITUTE) (Pub Saf--28th)
HB 962 Medical Information Release by Physician--change conditions (SUBSTITUTE) (J&CL--45th)
HB 212 Group Health Insurance--continue coverage after cancellation for existing condi tion (SUBSTITUTE) (Ins--12th)
HB 1185 Civil Practice--dismissal of actions (Judy--42nd)
HB 1917 Habitual Violator License Revocation--consideration of moving traffic violation (AMENDMENT) (J&CL--26th)
HB 1541 Notices Affecting Driver's Licenses by Certified or Regular Mail--legal notice (AMENDMENT) (J&CL--26th)
HB 540 Traffic Offenses by Persons Under 17 Years of Age--juvenile court jurisdiction (SUBSTITUTE) (C&Y--15th)
HB 264 Certain Fireworks--permit sale (SUBSTITUTE) (I&L--50th)
HB 1503 Insurance--conditions for certain contract cancellation (AMENDMENT) (Ins--49th)
HB 1375 Hotels--notice of termination to certain occupants (I&L--45th)
HB 310 Abortion on Certain Minors and Incompetents--notice to parents (SUBSTI TUTE) (Judy--33rd)
HB 1229 Partnership--may sue or be sued (SUBSTITUTE) (Judy--49th)
HB 1482 Group Workers' Compensation Self-Insurance Fund--city authorized to partici pate (Ins--29th)

FRIDAY, MARCH 7, 1986

1999

HB 1530 Campaign Financial Disclosure Report--make not later than 12/31 of year ac cepted (Gov Op--25th)
HB 1688 Superior Court Clerks--filling vacancy (SUBSTITUTE) (Gov Op--25th)
HB 1350 Property Sold Under Tax Execution--costs of advertisements (J&CL--33rd)
HB 414 Alcoholic Beverage Consumption While Driving--criminal offense (C Aff--56th)
HB 1414 Council of Magistrate Court Judges of Georgia--create (Judy--49th)
HB 847 Auctioneer License--issue to certain nonresidents (I&L--19th)
HB 1571 Petitions for Sale of Ward's Property--personal service upon guardian ad litem (Judy--49th)
HB 1187 Venereal Diseases--include AIDS (SUBSTITUTE) (Hum R--33rd)
HB 1931 Dispossessory Proceedings--tenant's mobile home removal after writ for fees (AMENDMENT) (Judy--49th)
HB 1327 Labor Relations--discharge of employee unlawful for attending court (SUBSTI TUTE) (I&L--33rd)
HB 272 Out-Of-State Life, Health Insurance Companies Conducting Mail Order Business in State--requirements (SUBSTITUTES) (Ins--16th)
SR 468 Louisville--relative to bicentennial (Rules--21st) HR 525 General Assembly Enactment--paramount to court rules (SUBSTITUTE)
(Judy--49th)
Respectfully submitted,
/s/ Holloway of the 12th, Chairman Senate Rules Committee

The following bill of the House was taken up for the purpose of considering the Confer ence Committee report thereon:

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 Conference Committee report on HB 1433 was as follows:

The Committee of Conference on HB 1433 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1433 be adopted.
Respectfully submitted,

FOR THE SENATE:
M Kyle T. Cobb Senator, 28th District
/s/ Rooney L. Bowen Senator, 13th District
/s/ Riley Reddish Senator, 6th District

FOR THE HOUSE OF REPRESENTATIVES:
Is/ Fred Aiken Representative, 21st District
/s/ Rudolph Johnson Representative, 72nd District
/s/ J. C. Maddox Representative, 7th District

2000

JOURNAL OF THE SENATE

Conference Committee substitute to HB 1433:
A BILL
To be entitled an Act to amend Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to the offense of criminal trespass and related offenses, so as to provide an exception to the offense of criminal trespass for law enforcement officers in the performance of official duties; to provide that under certain circumstances a person who parks, stands, or operates 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; to provide for municipal ordinances; 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 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to the offense of criminal trespass and related offenses, is amended by striking Code Section 16-7-21, relating to criminal trespass and damage to property, in its entirety and inserting a new Code Section 16-7-21 to read as follows:
"16-7-21. (a) 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 or knowingly and maliciously interferes with the possession or use of the property of another person without his consent.
(b) A person commits the offense of criminal trespass when he knowingly and without authority:
(1) Enters upon the land or premises of another person or into any part of any vehicle, railroad car, aircraft, or watercraft of another person for an unlawful purpose;
(2) Enters upon the land or premises of another person or into any part of any vehicle, railroad car, aircraft, or watercraft of another person after receiving, prior to such entry, notice from the owner, rightful occupant, or, upon proper identification, an authorized rep resentative of the owner or rightful occupant that such entry is forbidden; or
(3) Remains upon the land or premises of another person or within the vehicle, railroad car, aircraft, or watercraft of another person after receiving notice from the owner, rightful occupant, or, upon proper identification, an authorized representative of the owner or right ful occupant to depart.
(c) The provisions of paragraphs (2) and (3) of subsection (b) of this Code section shall not apply to any law enforcement officer in the official performance of his duties who enters upon the land or premises of another person in connection with any public gathering being held on such land or premises.
(d) A person who commits the offense of criminal trespass shall be guilty of a misdemeanor."
Section 2. Said article is further amended by adding at the end of Part 1 thereof, relat ing to general provisions applicable to criminal trespass, a new Code Section 16-7-29 to read as follows:
"16-7-29. (a) A person commits the offense of criminal trespass by motor vehicle when the person, after having been requested by the owner or a law enforcement officer not to do so, parks or stands an occupied or unoccupied motor vehicle in, or repeatedly drives a motor vehicle through or within, a parking area which is located on privately owned property and is provided by a merchant or group of merchants for customers if:
(1) The parking area is identified by at least one conspicuous sign at each entrance which contains the following information in easy to read printing:
(A) Notice of the elements of the crime of criminal trespass by motor vehicle;
(B) Identification of the property which is reserved for customers' use only;

FRIDAY, MARCH 7, 1986

2001

(C) Identification of the merchant or merchants providing the parking area; and
(D) Warning that violators will be prosecuted; and
(2) The motor vehicle is parked, is standing, or is being operated other than for the purpose of:
(A) Transporting some person to or from the interior of the place of business of a merchant identified by the sign or signs in the parking area;
(B) Making use of a telephone, vending machine, or other similar facility located in the parking area;
(C) Meeting the requirements of a situation in which it has unexpectedly become im possible or impractical for the motor vehicle to continue to travel on the public roads; or
(D) Carrying out an activity for which express permission has been given by the owner of the parking area or an authorized representative of the owner.
(b) A person who commits the offense of criminal trespass by motor vehicle shall be guilty of a misdemeanor and shall be punished by a fine:
(1) Not to exceed $50.00 for the first such offense;
(2) Not to exceed $100.00 for the second such offense; and
(3) Not to exceed $150.00 for the third or subsequent such offense.
(c) The governing authority of any municipal corporation by ordinance may adopt by reference the provisions of subsection (a) of this Code section without publishing or posting in full the provisions thereof. Any person violating any such ordinance shall be subject to a monetary fine:
(1) Not to exceed $50.00 for the first such violation;
(2) Not to exceed $100.00 for the second such violation; and
(3) Not to exceed $150.00 for the third or subsequent such violation."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Cobb of the 28th moved that the Senate adopt the Conference Committee re port on HB 1433.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bowen rannon
Brantley BBrroowunn ooff 4467tthh Bryant Burton Cobb Coleman
Coverdell Dean

English Engram Foster Garner Gillis Harris
Holloway T"Ior^tol\ Howard Huggms Kennedy Kidd
Land Langford

McGill McKenzie Perry Phillips Ray Reddish
Scott of 36th OSti umbu aughu Tate Tolleson Trulock Turner
Tysinger Walker

2002

JOURNAL OF THE SENATE

Those voting in the negative were Senators:

Dawkins

Deal

Peevy

Those not voting were Senators:

Barnes Bond Fincher Greene

Harrison Hine Hudgins

Scott of 2nd Starr Timmons

On the motion, the yeas were 43, nays 3; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1433.

The following resolutions of the Senate, favorably reported by the committees, were read the third time and put upon their adoption:

SR 394. By Senator Cobb of the 28th: A resolution creating the Health Care Supply and Financing Study Committee.

The Senate Committee on Human Resources offered the following substitute for SR 394:
A RESOLUTION
Creating the Health Care Supply and Financing Study Committee; and for other purposes.
WHEREAS, the increasing cost of health care for the indigent is imposing a substantial financial burden on many counties in the state; and
WHEREAS, increasing numbers of public hospitals are being sold or leased to relieve local governments of that financial burden; and
WHEREAS, such sales or leases often make no provision for health care for the indi gent once the public facilities have been transferred into private hands; and
WHEREAS, inflated prices paid for these public hospitals mean that the patients of the newly privately owned hospitals will face increasing costs in order that the new hospital owners may recover their acquisition costs and generate profits; and
WHEREAS, there is a need to examine more closely the various aspects of the cost and supply of health care in the state.
NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that there is created the Health Care Supply and Financing Study Committee to be composed of five members of the Senate to be appointed by the President of the Senate, who shall also appoint one of those members as chairman. The President of the Senate shall also appoint an advisory commit tee composed of not less than five nor more than ten public members involved in or knowledgable concerning the field of health care to assist the study committee in its investiga tions. The members of the advisory committee shall serve without compensation or expenses.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the problems mentioned above and any other problems related thereto and recommend neces sary steps needed to be undertaken to alleviate any such problems. The committee may conduct such meetings at such places and at such times as it may deem necessary or conven ient to enable it to exercise fully and effectively its powers, perform its duties, and accom plish the objectives and purposes of this resolution. The members of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than ten days. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to or available to the legislative branch of government. The committee shall make a report of its findings and

FRIDAY, MARCH 7, 1986

2003

recommendations, with suggestions for proposed legislation, if any, no later than December 15, 1986, at which time the committee shall stand abolished.

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 adoption of the resolution by substitute, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Bond Bowen Brannon Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Coverdell Deal Dean

English Engram Foster Gillis Harris Holloway Horton Howard Huggins Kennedy Kidd Land Langford McGill McKenzie

Peevy Perry Phillips Ray Reddish Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Albert Brantley Dawkins Fincher

Garner Greene Harrison

Hine Hudgins Scott of 2nd

On the adoption of the resolution, the yeas were 46, nays 0.

The resolution, having received the requisite constitutional majority, was adopted by substitute.

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.

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 Barker Barnes Bond

Bowen Brannon Brantley Brown of 47th Bryant

Burton Cobb Coleman Coverdell Deal

2004

JOURNAL OF THE SENATE

Dean English Engram
FGasrtneerr GHialrlirsis Horton Howard Huggins

Kennedy Kidd Land
hMacnG/?ill rd PPeeerrvyy Phillips Ray Reddish

Scott of 2nd Scott of 36th Starr
S,,,t.umbaugh ^To'lT leson Turner Tysinger Walker

Those not voting were Senators:

Albert Broun of 46th
Dawkins Fincher

Greene Harrison
Hine Holloway

Hudgins McKenzie
Tate Trulock

On the adoption of the resolution, the yeas were 44, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

SR 422. By Senator Burton of the 5th:
A resolution creating the Senate Study Committee for Seat Belts on School Buses.

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 Barker Barnes Bond
fBorawnennon

English Engram Foster Garner Gillis
GHraererinse

RBrTMou"n"%oi 4.-b,t,n Brown of 47th Bryant Burton Cobb Coverdell Deal Dean

HIT orton , Howard Huggins Kennedy Kidd Land Langford McGill

McKenzie Peevy Perry Phillips Ray
RSceodtdtisohf 2nd
S-^cott of 36th Starr Stumbaugh Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Albert Coleman Dawkins Fincher

Harrison Hine Holloway

Hudgins Tate Trulock

FRIDAY, MARCH 7, 1986

2005

On the adoption of the resolution, the yeas were 46, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

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 Engram of the 34th offered the following amendment: Amend SR 174 by striking "1985" on Page 2, line 23 and inserting "1986".

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 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:

Albeit Allgood Baldwin Bowen Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Deal Dean English Engram

Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard Huggins Kennedy Kidd Langford McGill

McKenzie Peevy Perry Phillips Ray Reddish Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger

Those not voting were Senators:

Barker Barnes Bond Brannon

Coleman Dawkins Fincher Hudgins

Land Scott of 2nd Walker

On the adoption of the resolution, the yeas were 45, nays 0.

The resolution, having received the requisite constitutional majority, was adopted as amended.

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.

2006

JOURNAL OF THE SENATE

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
Brannon Brantley Broun of 46th Brown of 47th Burton Coverdell Deal Dean

English Engram Foster Garner
greene Harris Harrison Holloway Horton Huggins Kennedy Kidd McGill

Peevy Perry Phillips D OV
RSceodtdt isohf ,, *tarr late Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Barnes Bryant Cobb Coleman Dawkins

Fincher Hine Howard Hudgins Land

Langford McKenzie Scott of 2nd Stumbaugh Trulock

On the adoption of the resolution, the yeas were 41, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

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.

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 Brantley
Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dawkins

Deal Dean Engram Foster Garner Gillis Harris
Harrison Holloway Horton Howard Huggins Kennedy Kidd

Land Langford McGill McKenzie Peevy Perry Phillips
Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate

FRIDAY, MARCH 7, 1986

2007

Timmons Tolleson

Trulock Turner

Tysinger Walker

Those not voting were Senators:

Barnes Brannon Coleman

English Fincher Greene

Hine Hudgins

On the adoption of the resolution, the yeas were 48, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

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.

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 Bowen Brantley

Fincher Foster Gillis Greene Harris Harnson

Perry Phillips Reddish Scott of 2nd Scott of 36th Starr

Burton Cobb Deal Dean English Engram

Kennedy Kidd Langford McGill McKenzie Peevy

Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Barnes Bond Brannon Broun of 46th Coleman

Coverdell Dawkins Garner Hine Holloway

Howard Hudgins Land Ray Timmons

On the adoption of the resolution, the yeas were 41, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

SR 441. By Senator Burton of the 5th:
A resolution creating the State Facilities for the Training of the Blind Study Committee.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

2008

JOURNAL OF THE SENATE

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Coverdell

Deal Dean English Engram Fincher Foster Garner Gillis Greene Harris Harrison Huggins Kennedy Kidd Langford

McGill McKenzie Peevy Perry Phillips Ray Reddish Scott of 36th Starr Stumbaugh Tate Tolleson Turner Tysinger Walker

Those not voting were Senators:

Barnes Dawkins Hine Holloway

Horton Howard Hudgins Land

Scott of 2nd Timmons Trulock

On the adoption of the resolution, the yeas were 45, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

SR 453. By Senator Broun of the 46th:
A resolution creating the Local Public Safety Officers' Compensation 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

Dawkins Deal Dean English Engram Fincher Foster Gillis Greene Harris Harrison Holloway Howard Huggins

Kennedy Kidd Langford McGill McKenzie Peevy Perry Phillips Ray Reddish Scott of 36th Starr Stumbaugh Timmons

FRIDAY, MARCH 7, 1986

2009

Tolleson Turner

Tysinger

Walker

Those not voting were Senators:

Barnes Coverdell Garner Hine

Horton Hudgins Land

Scott of 2nd Tate Trulock

On the adoption of the resolution, the yeas were 46, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

SR 463. By Senators English of the 21st, Kennedy of the 4th, Gillis of the 20th and others:
A resolution creating the Head Injury Treatment and Rehabilitation 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 Bames
Bond |^orawnenn,0n BBrroanutnleoyf 46th Brown of 47th Bryant Burton Cobb Coleman Coverdell Dawkins

Deal Dean English Engram Fincher
Foster GGialrlinser P,, /eene """I8 Harnson Hine Holloway Hugging Kennedy Kidd

Land Langford McGill McKenzie Peevy
Perry PRhaiyllips nRedj,d.ish, Scott of 36th Stumbaugh Tate Tolleson Turner Tysinger Walker

Those not voting were Senators:

Horton Howard Hudgins

Scott of 2nd Starr

Timmons Trulock

On the adoption of the resolution, the yeas were 49, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

SR 472. By Senator Kidd of the 25th:
A resolution creating the Senate Commercial Dental Laboratories Study Committee.

2010

JOURNAL OF THE SENATE

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 Burton Cobb Coleman

Coverdell Dawkins Deal Dean English Engram Fincher Foster Gillis Greene Harris Harrison Holloway Howard

Muggins Kennedy Kidd Land McGill McKenzie Perry Reddish Stumbaugh Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Bryant
Garner Hine Horton Hudgins

Langford
Peevy Phillips Ray Scott of 2nd

Scott of 36th Starr
Tate Timmons

On the adoption of the resolution, the yeas were 42, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

SR 480. By Senators Coleman of the 1st, Peevy of the 48th and Bryant of the 3rd: A resolution creating the Senate Transportation 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 Barker Barnes Bowen Brannon Brown of 47th Bryant Burton Cobb Coleman Coverdell Dawkins

Dean English Engram Fincher Foster Garner Greene Harris Harrison Hine Holloway Huggins Kennedy

Kidd Land McKenzie Peevy Perry Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Tolleson Trulock

FRIDAY, MARCH 7, 1986

2011

Turner

Tysinger

Walker

Those not voting were Senators:

Baldwin
Bond Brantley Broun of 46th Deal

Gillis
Horton Howard Hudgins Langford

McGill Phillips
"*& Timmons

On the adoption of the resolution, the yeas were 42, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

SR 490. By Senator Howard of the 42nd:
A resolution creating the Economic Development Through Historic Preservation 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 Bnd
^Borawnennon BBrroanutnleoyf 46th
Brown of 47th Bryant Burton Cobb Coleman Coverdell

Dawkins Deal English Engram Fincher Foster
GGraerenneer HHaarrrriisson
Holloway Howard Hudgins Huggins Kennedy Kidd

Land McGill McKenzie Perry Reddish Scott of 2nd
Scott of 36th
Stumb, augh,
late Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Dean
Gillis Hine

Horton
Langford Peevy

Phillips
Ray Timmons

On the adoption of the resolution, the yeas were 47, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

Senator Stumbaugh of the 55th introduced a group affiliated with the Goodwill Games, an international summer multi-sport festival scheduled July 5 through 20, 1986, in Moscow, which the Senate expressed support of by SR 511, adopted previously.

Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair.

2012

JOURNAL OF THE SENATE

The following general resolution of the Senate and bill of the House, favorably reported by the committees, were read the third time and put upon their adoption:

SR 470. By Senator Brannon of the 51st:
A resolution relative to the appropriation and repayment of state funds for the construction of an apple cooler at the Georgia Farmers Market in Ellijay.

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 Barnes Bowen Brannon Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell Dawkins Deal

Dean English Engram Foster Gillis Greene Harris Harrison Hine Hudgins Huggins Kidd Land

McGill McKenzie Perry Phillips Ray Reddish Scott of 2nd Starr Stumbaugh Tate Tolleson Turner

Those not voting were Senators:

Baldwin Barker Bond Brantley Cobb Fincher

Garner Holloway Horton Howard Kennedy (presiding) Langford

Peevy Scott of 36th Timmons Trulock Tysinger Walker

On the adoption of the resolution, the yeas were 38, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HB 1487. By Representative Watson of the 114th:
A bill to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to provide for a safe, sound, com petitive, and fuel efficient motor carrier system vital to the maintenance of a strong intrastate transportation system; to enhance market entry, carrier growth, maximum utilization of equipment and energy resources, and opportunities for minorities and others to enter the motor carrier industry.
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:

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2013

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen Brannon
Brantley Broun of 46th
IrZt
Burton C0bb Coleman Coverdell Dawkins Deal Dean

English Engram Fincher Foster Garner Gillis
Harria Harris()n
Hine
Holloway Hudgms Huggins Kidd Land Langford McGill

McKenzie Peevy Perry Phillips Ray Reddish
Scott of 36th gtarr
Stumbaugh
Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Barker Bond Greene

Horton Howard

Kennedy (presiding) Scott of 2nd

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator McGill of the 24th introduced the Washington/Wilkes High School football team and their coach, Marion "Butch" Brooks, who briefly addressed the Senate.

The following bills of the Senate were taken up for the purpose of considering the House amendments thereto:

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 House amendment was as follows:

Amend SB 411 as follows:

1. By striking from line 14, Page 2 the words "and implement". 2. By striking from line 29, Page 2 the words "to carry out" and insert "to propose".

Senator Gillis of the 20th moved that the Senate agree to the House amendment to SB 411.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert

Allgood

Baldwin

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Barnes Bond Bowen Brannon Brantley
BrB>rroowunn oof*f 44j6i7ittuhh BBuryrtaonnt Cobb Coleman
Coverdell Dawkins Deal Dean

English Engram Fincher Foster Gillis
HuHaarrrnisson HHionreton Howard Huggins
Kidd Land Langford McGill

McKenzie Peevy Perry Phillips j^ay
cOa,,C~Otttt ,,OI( S.tumbuaughu Tate Timmons
Tolleson Turner Tysinger Walker

Those not voting were Senators:

Barker Garner Greene

Holloway Hudgins Kennedy (presiding)

Reddish Scott of 2nd Trulock

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 411.

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.

The House amendment was as follows:
Amend SB 412 by adding on line 8 of Page 1 after the word and semicolon "program;" the following:
"to provide that any person, company, corporation, or others purchasing trees or timber directly from the landowner from lands in Georgia shall be required to furnish the owner of said lands a wood load ticket for each and every load of wood removed from said property; to remove the requirement that the wood load ticket contain the landowner's name and address;".
By renumbering Section 2 as Section 3.
By adding a new Section 2 to read as follows:
"Section 2. Said part is further amended by striking subsection (a) of Code Section 126-23, relating to the wood load ticket requirement for wood removal, the form thereof, and exceptions, in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:
'(a) Any person, company, corporation, or others purchasing trees or timber directly from the landowner from lands in Georgia shall be required to furnish the owner of said lands a wood load ticket for each and every load of wood removed from said property, when such load is sold by weight, cord, or measure of board feet. A wood load ticket shall include, but not be limited to, information clearly understandable to the landowner as follows:
(1) Ticket number;

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(2) Name and location of the person or company and its facility where the load of wood is received and weighed or measured;
(3) Date wood was received at said facility;
(4) Tract name;
(5) County and state of origin;
(6) Dealer name (if any);
(7) Producer or logging company name;
(8) Species of wood;
(9) Weight or scale information. If the load is measured by weight, the gross, tare, and net weights shall be shown. If the load is measured by scale, the total volume shall be shown;
(10) Weight, scale, or amount of wood deducted and the deduction classification (cull, undersize, metal, knots, etc.); and
(11) Name of the person receiving, weighing, or scaling the wood.' "

Senator Gillis of the 20th moved that the Senate agree to the House amendment to SB 412.

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 BBrroowunn ooff 4467tthh
Bryant Burton Cobb Coleman Coverdell Dawkins

Deal Dean English Engram Fincher Garner Gillis Greene Harris HHianrerison
Horton Howard Huggins Kidd Land Langford

McKenzie Peevy Perry Phillips Rj,y Reddish Scott of 2nd Scott of 36th
SSmtt.uarmr bi.aughi.
late Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Foster Holloway

Hudgins Kennedy (presiding)

McGill Timmons

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 412.

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The following resolution of the House was taken up for the purpose of considering the House action thereon:
HR 689. By Representative Kingston of the 125th:
A resolution compensating Mr. M. C. Nettles in the amount of $3,254.61.
Senator Dean of the 31st moved that the Senate insist upon the Senate amendment to HR 689.
On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate insisted upon the Senate amendment to HR 689.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
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 House substitute to SB 56 was as follows:
A BILL
To be entitled an Act to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to change certain administrative and judicial procedures regarding decisions and appeal hearings of the Health Planning Review Board; to establish within the Health Planning Agency a state-wide health care data clearing-house to collect, verify, com pile, analyze, and disseminate certain health care data; to provide for legislative intent; to provide for definitions; to create and provide for the purposes of the Health Care Data Advisory Committee; to create and provide for a health care data clearing-house; to provide for membership, terms, and vacancies of the advisory committee; to provide for per diem and expenses; to provide for organization, meetings, and procedures; to provide for the col lection, verification, compilation, analysis, and dissemination of data; to provide for the powers, duties, and authority of the planning agency and the clearing-house; to provide for the powers, duties, and authority of the Commissioner of Insurance, the executive director of the Health Planning Agency, the commissioner of human resources, the commissioner of medical assistance, and the Secretary of State; to provide for notices of charges; to provide for confidentiality of information and records; to provide for application to public and pri vate health care providers; to provide for disclosure and release of data; to provide for nonduplication of certain collected data; to provide for a clearing-house data base; to pro vide for public reports; to provide for certain costs, charges, and fees; to provide for annual reports; to provide for disciplinary sanctions against certain licensees; to provide for penal ties; to provide for certain civil immunity; to provide for disclosure of information and cer tain exceptions to immunity; to provide for other matters relative to the foregoing; to pro vide that certain proceeds received from the sale of certain hospitals 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 for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 31 of the Official Code of Georgia Annotated, relating to health, is

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amended by striking in their entirety subsections (g), (h), and (i) of Code Section 31-6-44, relating to the Health Planning Review Board and administrative and judicial review of planning agency decisions, and inserting in their place new subsections (g), (h), and (i) to read as follows:
"(g) The decision of the panel shall be the final agency decision for purposes of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
(h) In the event that the review board, its chairman, or a panel of the review board requires legal counsel, the chairman shall make a request for such advice to the Attorney General.
(i) Any party to the appeal hearing, excluding the planning agency, may seek judicial review of the panel's decision in accordance with the method set forth in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; provided, however, that in conducting such review, the court may reverse or modify the decision only if substantial rights of the appel lant have been prejudiced because the procedures followed by the planning agency, or the review board, or the administrative findings, inferences, conclusions, and decision of the review board are:
(1) In violation of constitutional or statutory provisions;
(2) In excess of the statutory authority of the agency;
(3) Made upon unlawful procedures;
(4) Affected by other error of law;
(5) Not supported by substantial evidence, which shall mean that the record does not contain such relevant evidence as a reasonable mind might accept as adequate to support such findings, inferences, conclusions, or decisions, which such evidentiary standard shall be in excess of the 'any evidence' standard contained in other statutory provisions; or
(6) Arbitrary or capricious or characterized by abuse of discretion or clearly unwar ranted exercise of discretion."
Section 2. Said title is further amended by striking paragraphs (9) and (10) of subsec tion (b) of Code Section 31-6-21, relating to the creation and functions of the Health Plan ning Agency, and inserting in lieu thereof new paragraphs (9), (10), and (11) to read as follows:
"(9) To grant, deny, or revoke a certificate of need as applied for or as amended;
(10) To perform powers and functions delegated by the Governor, which delegation may include the powers to carry out the duties and powers which have been delegated to the planning agency under Section 1122 of the Social Security Act of 1935, as amended; and
(11) To establish and conduct a state-wide health care data clearing-house to collect, verify, compile, analyze, and disseminate data collected pursuant to Article 5 of this chapter."
Section 3. Said title is further amended by adding at the end of Chapter 6 thereof, relating to state health planning, a new article, to be designated Article 5, to read as follows:
"ARTICLE 5
31-6-90. As a result of rising health care costs and the concern expressed by health care providers, health care users, third-party payers, and the general public, there is an urgent need to abate these rising costs so as to place the cost of health care within reach of all Georgians without affecting the quality of health care. It is the intent and purpose of this article to maintain an acceptable quality of health care services in Georgia and yet at the same time improve the cost efficiency and effectiveness of health care services. To foster the cooperation of the separate industry forces, there is a need to compile and disseminate accu rate and current data, including but not limited to price and utilization data, to meet the needs of the people of Georgia and improve the appropriate usage of health care services. It

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is the intent of the General Assembly to require the information necessary for a review and comparison of costs and charges, utilization, accessibility, and outcome of health services. The information is to be compiled by the health care data clearing-house and made availa ble to interested persons to improve the decision-making processes regarding the purchase price, use, and outcome of appropriate health care services. The health care data clearing house shall take any necessary steps to ensure that patient confidentiality shall be protected.
31-6-91. For purposes of this article, the term:
(1) 'Advisory committee' means the Health Care Advisory Committee established under Code Section 31-6-93.
(2) 'Clearing-house' means the health care data clearing-house established under Code Section 31-6-92.
(3) 'Health care provider' means hospitals, kidney disease treatment centers, ambula tory surgical or obstetrical facilities, health maintenance organizations, physicians and os teopaths, emergency care clinics, and all persons or organizations offering diagnostic-treat ment health services.
(4) 'Third-party payer' means any entity which provides health care insurance or a health care service plan, including but not limited to providers of major medical or compre hensive accident or health insurance, whether or not through a self-insurance plan, Medicaid, hospital service nonprofit corporation plans, or nonprofit health care plans or nonprofit medical service corporation plans, but does not mean a specified disease or supplemental hospital indemnity payer.
31-6-92. There is established within the Health Planning Agency a health care data clearing-house. The planning agency may contract with appropriate departments, agencies, business entities, or persons to perform the health care data clearing-house functions.
31-6-93. (a) There is established the Health Care Data Advisory Committee to operate as an advisory committee of the Health Planning Agency for purposes of this article. The advisory committee shall advise and provide any necessary assistance to the planning agency in the establishment and operation of a state-wide health care data clearing-house to collect, verify, compile, analyze, and disseminate data collected pursuant to this article from health care providers, the state Medicaid program, third-party payers, the Commissioner of Insurance, and the commissioner of human resources.
(b) The advisory committee shall consist of eleven members. The chairman of the Health Policy Council shall appoint one member of the council as a member of the advisory committee who shall be the chairman of the advisory committee. The Governor shall ap point the remaining members as follows:
(1) One member who shall represent business purchasers of health care;
(2) One member who shall represent labor interests;
(3) One member who shall represent the elderly population of the state;
(4) One member who shall represent consumer interests generally;
(5) One member who shall represent state government;
(6) One member who shall represent third-party payers;
(7) One member who shall represent nonprofit health care providers;
(8) One member who shall represent health care providers other than nonprofit health care providers;
(9) One member who shall demonstrate expertise in the area of computers and who may also be within any other category enumerated in this subsection; and
(10) One member who shall demonstrate expertise in the area of health care financing who may also be within any other category enumerated in this subsection.

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(c) The person initially appointed as chairman of the advisory committee shall serve for a term of two years. One-half of the members initially appointed by the Governor shall serve for terms of two years and the remaining members initially appointed by the Governor shall serve for terms of one year, as such terms are designated by the Governor. After such initial appointments, all members of the advisory council shall be appointed for terms of two years and until their successors are appointed and qualified. No member shall be appointed for more than two consecutive two-year terms. A member may be removed from the advisory committee by a majority vote of the membership of the advisory committee for missing three consecutive meetings. The authority which appoints any member whose office subse quently becomes vacant shall, within three months after the vacancy occurs, appoint a suc cessor to serve out the unexpired term of office.
(d) A majority of the members of the advisory committee shall constitute a quorum. The advisory committee shall hold regular meetings at least once during each calendar quar ter. Additional called meetings may be held upon agreement of the advisory committee chairman and the executive director of the Health Planning Agency. Action of the advisory committee shall not be taken unless a quorum is present and except upon the affirmative vote of a majority of the members of the advisory committee present at such meeting. Mem bers of the advisory committee shall receive an expense allowance and reimbursement for actual travel costs in the same manner as provided for in Code Section 45-7-21.
31-6-94. The advisory committee shall present a progress report of its activities at each meeting of the council. The advisory committee shall be authorized to perform its functions under this article upon its own authority; except that any decision which involves major policy issues shall require prior approval of the Health Policy Council.
31-6-95. (a) The Insurance Department, the Department of Human Resources, and the Department of Medical Assistance shall, upon request of the clearing-house, obtain for and make available to the clearing-house such data as it requires to carry out its duties under this article. This data may include, but not be limited to, third-party payer information, licensure information, state operated facilities and programs information, or other informa tion pertinent to the area of responsibility of that state department.
(b) The Commissioner of Insurance and the executive director of the Health Planning Agency shall encourage and assist third-party payers and hospitals to implement voluntarily the use of a uniform hospital billing form. A uniform billing form may not be required by the Health Planning Agency or clearing-house.
(c) The Commissioner of Insurance shall require that all third-party payers provide to the clearing-house health care provider data regarding inpatient and outpatient claims. Such data may also include the data specified as reportable to the clearing-house under subsection (d) of this Code section.
(d) The clearing-house shall be authorized to request, collect, and receive data from health care providers, the state Medicaid program, third-party payers, the Commissioner of Insurance, the commissioner of human resources, and other appropriate sources as deter mined by the clearing-house. Such data shall be reported in a standard format established by the clearing-house and may include the patient's age, sex, race, ZIP code, county, payer's sources, date of admission, procedure and discharge date, principal and other diagnoses, principal and other procedures, total charges and components of those charges, uniform physician identification number, uniform hospital identification number, attending physi cian identification number, data indicating disposition and outcome, such as mortality rates, provider-specific case mix, organized programs utilized, specific financial data, data by payer category, and any other data provided for in this Code section.
(e) The clearing-house may limit the data collection to a sample when, in the judgment of the clearing-house, such sample is deemed to be a valid representation of the entire data otherwise required to be collected.
31-6-96. The clearing-house shall:
(1) Compile and disseminate comparative information on charges, total and ancillary

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charge components, and length of stay on diagnosis-specific and procedure-specific cases, as well as disposition, outcome, and utilization data, on a health care provider basis from the data provided for in Code Section 31-6-95. Data collected by the planning agency shall not be duplicated and any data collected by the planning agency may be included in clearing house reports as deemed appropriate to offer full information to the public. Prior to the release or dissemination of the reports, the clearing-house shall permit the reporting entity a 30 day opportunity to verify the accuracy of any information pertaining to their data. The reporting entity may submit to the clearing-house any corrections of errors in the compila tions of the data with any supporting evidence and comments. The clearing-house shall cor rect for the report such data which, in its judgment, is found to be in error;
(2) Provide that if the data required by the clearing-house or the members of the plan ning agency is available from the reporting entity by acceptable formatted computer reada ble means, such method for reporting is preferred;
(3) Establish a system which creates the use of a common identification number, com mon digit codes, and common format with uniform data elements for any and all reporting entities; and
(4) Request that the commissioner of medical assistance make available to the advisory committee data and information on the Medicaid program similar to that required of other third-party payers.
31-6-97. The clearing-house may require third-party payers to provide to the clearing house health care policyholder or subscriber data by geographic area or other demographic category as well as to provide in a standard format such information as inpatient benefits, outpatient benefits, a proportion and amount of copayment, out-of-pocket maximums, ex clusions for existing conditions, and schedules of rates with such factors as age and sex reflected.
31-6-98. The executive director of the planning agency may require each health care provider to make available to its patients and to the clearing-house a listing of that pro vider's established charges for specified services and may further require each such provider to post in a public area utilized by such patients, such as a waiting or reception room, a notice of those patients' right to request and have made available such listing.
31-6-99. The clearing-house is authorized to require that any additional or alternative information related to the intent and purpose of this article as outlined in Code Section 316-90 be submitted to the clearing-house.
31-6-100. The reporting of any data required by this article by specified types of health care providers shall include health care providers operated by state, county, municipal, pub lic, or private entities, or any combination thereof.
31-6-101. (a) The Commissioner of Insurance, the commissioner of human resources, and the Secretary of State shall be authorized to promulgate such rules and regulations as are necessary to effectuate and carry out their authority and duties under this article.
(b) The planning agency shall be authorized to promulgate such rules and regulations as are necessary to effectuate and carry out its authority and duties under this article in the same manner as provided for in Code Section 31-6-21.1.
31-6-102. (a) The clearing-house shall be authorized to disclose nonpatient-specific data required under this article. The clearing-house shall develop guidelines for the responsible compilation, analysis, and dissemination of such data with clarifying interpretations. Compi lation and dissemination of such data shall be encouraged to facilitate appropriate planning and choices on the part of consumers, providers, and payers.
(b) Pursuant to subsection (b) of Code Section 31-6-101, the planning agency shall pro mulgate such rules and regulations as may be necessary to alleviate any unnecessary data collection, to avoid any unnecessary burden on data providers, and to avoid duplication of data required on periodic planning agency survey forms, required reporting forms, or any other readily available source.

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31-6-103. The clearing-house data base established pursuant to this article shall be up dated no less frequently than on a semiannual basis. Public reports from that data, includ ing a consumer guide, shall be published no less frequently than annually.
31-6-104. The costs associated with implementing the data collection system provided for in this article shall be paid through the planning agency budget. The planning agency is authorized to charge fees for reports, data, and information related to the data system. The planning agency shall implement a fee scale for such information that will result in fee collections not to exceed the costs of the clearing-house.
31-6-105. The clearing-house shall prepare an annual report, to be submitted as an identified section of the annual report of the planning agency required under Code Section 31-6-46, for each year on and after the year this article becomes effective.
31-6-106. Upon receipt of written notice from the planning agency to a health care pro vider of its failure to comply with this article, such provider shall have a period of two weeks within which to respond and correct any reporting deficiency or the planning agency shall notify the appropriate licensing authority of the health care provider's failure to provide the data as required under this article, which failure may be grounds for disciplinary action on the part of the licensing agency of such health care provider.
31-6-107. (a) Notwithstanding any provision of law to the contrary, it shall not be un lawful to provide the information requested or required under this article or any other ac tions pursuant to this article as follows:
(1) From health care providers, third-party payers, and other persons to the clearing house;
(2) From the Commissioner of Insurance, the Secretary of State, the commissioner of human resources, or the commissioner of medical assistance to the clearing-house; or
(3) From the clearing-house, the advisory committee, the planning agency, the council, or their designees to interested persons.
(b) Information provided pursuant to this article or information released by the clear ing-house or any subcontracting party acting as an agent of the clearing-house shall not identify a patient by name or specific address. Any person, firm, corporation, association, or other entity who violates this subsection shall be guilty of a misdemeanor.
(c) The clearing-house shall determine the form in which information will be made available and to whom, when, and under what circumstances the information will be made available.
(d) A person shall not be civilly liable as a result of the person's acts, omissions, or decisions as a member of the advisory committee, the council, or as an employee or agent in connection with the person's duties for the clearing-house and the planning agency.
31-6-108. (a) Unless otherwise provided in this article, the data collected by and fur nished to the clearing-house pursuant to this Code section shall not be public records under Article 4 of Chapter 18 of Title 50 or any other law governing the maintenance, inspection, or dissemination of data collected by the state. The reports prepared for release or dissemi nation from the data collected shall be public records under Article 4 of Chapter 18 of Title 50. The confidentiality of patients shall be protected and no provision of this article shall affect any provision of law relating to patient confidentiality.
(b) No cause of action shall arise against a person for disclosing information in accor dance with this article; provided, however, that this Code section shall not provide immu nity for disclosing or furnishing false information with malice or willful intent to injure any person."
Section 4. Said title is further amended by inserting immediately following Code Sec tion 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 a hospital owned by a hospital

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authority or political subdivision of this state, which proceeds shall not include funds re quired to pay off the bonded indebtedness of the sold hospital or any expense of the author ity or political subdivision attributable to the sale or lease, shall be held by the authority or political subdivision in an irrevocable trust fund. Such proceeds in that fund may be in vested in the same way that public moneys may be invested generally pursuant to general law, but money in that trust fund shall be used exclusively for funding the provision of hospital care for the indigent residents of the political subdivision which owned the hospital or by which the authority was activated or for which the authority was created. If the funds available for a political subdivision in that irrevocable trust fund are less than $100,000.00, the principal amount may be used to fund the provision of indigent hospital care; otherwise, only the income from that fund may be used for that care. Such funding or reimbursement for indigent care shall not exceed the diagnosis-related group rate for that hospital in each individual case.
(b) In the event a hospital authority which sold or leased a hospital was activated by or created for more than one political subdivision or in the event a hospital having as owner more than one political subdivision is sold or leased by those political subdivisions, each such constituent political subdivision's portion of the irrevocable trust fund for indigent hospital care shall be determined by multiplying the amount of that fund by a figure having a numerator which is the population of that political subdivision and a denominator which is the combined population of all the political subdivisions which owned the hospital or 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) This Code section shall not apply to a reorganization or restructuring and shall not apply to any sale of a hospital, or the proceeds from that sale, made prior to the date this Code section becomes effective.
(e) No public hospital in this state shall be sold or leased without first being approved in a special election, called and held as other special elections, by the voters of the political subdivision owning said hospital or in the case of an authority by the voters of the political subdivision or subdivisions which created such authority."
Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, except that Sections 2 and 3 of this Act shall be come effective only upon adequate appropriations being made by the Georgia General As sembly to fund those Sections 2 and 3.
Section 6. All laws and parts of laws in conflict with this Act are repealed.
Senator Cobb of the 28th moved that the Senate disagree to the House substitute to SB 56.
On the motion, the yeas were 38, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SB 56.
The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:
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

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proceeding which seeks to challenge the validity of a conviction, bond forfeiture, or plea of nolo contenders.
Senate Sponsor: Senator Deal of the 49th.
The Senate Committee on Judiciary offered the following substitute for HB 1351:
A BILL
To be entitled an Act to amend Article 2 of Chapter 13 of Title 40 of the Official Code of Georgia Annotated, relating to arrests, trials, and appeals of traffic offenses, so as to pro vide that all challenges to final convictions for traffic offenses must be filed within 180 days of the date the conviction becomes final; to provide that challenges to traffic convictions which became final prior to the effective date of this Act must be filed within 180 days of the effective date 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. Article 2 of Chapter 13 of Title 40 of the Official Code of Georgia Annotated, relating to arrests, trials, and appeals of traffic offenses, is amended by adding at the end of said article a new Code section, to be designated Code Section 40-13-33, to read as follows:
"40-13-33. (a) Any challenge to a misdemeanor conviction of any of the traffic laws of this state or the traffic laws of any county or municipal government which may be brought pursuant to Chapter 14 of Title 9 must be filed within 180 days of the date the conviction becomes final.
(b) Any challenge to a conviction specified in subsection (a) of this Code section which became final before the effective date of this Code section must be filed within 180 days of the effective date of this Code section.
(c) When the commissioner of public safety is named as the respondent, all such peti tions must be brought in the Superior Court of Fulton County.
(d) Failure to file the challenge within the time prescribed in this Code section shall divest the court of jurisdiction."
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 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 Barnes Bond Brantley Broun of 46th Brown of 47th Bryant

Burton Coleman Coverdell Dawkins Deal Dean English Engram Garner

Greene Harrison Hine Horton Howard Hudgins Huggins Kidd Land

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Langford McKenzie
p**^ Phillips Ray

Reddish Scott of 2nd
Scott of 36th Starr Stumbaugh

Tate Trulock
Turner Tysinger Walker

Those not voting were Senators:

Barker Bowen Brannon Cobb Fincher

Foster Gillis Harris Holloway

Kennedy (presiding) McGill Timmons Tolleson

On the passage of the bill, the yeas were 43, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following resolution of the Senate was read and adopted:

SR 529. By Senators Scott of the 2nd, Kennedy of the 4th, Allgood of the 22nd and others:
A resolution recognizing the unrecognized, commending the uncommended, con gratulating the uncongratulated, authorizing the unauthorized, and inviting the uninvited to appear before the Senate.

The President resumed the Chair.

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 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.
Senate Sponsor: Senator Kidd of the 25th.

The Senate Committee on Governmental Operations offered the following substitute to HB 1285:

A BILL
To be entitled an Act to amend Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to state health planning and development, so as to establish within the Health Planning Agency a state-wide health care data clearing-house to collect, verify, com pile, analyze, and disseminate certain health care data; to provide for legislative intent; to provide for definitions; to create and provide for the purposes of the Health Care Data Advisory Committee; to create and provide for a health care data clearing-house; to provide for membership, terms, and vacancies of the advisory committee; to provide for per diem and expenses; to provide for organization, meetings, and procedures; to provide for the col lection, verification, compilation, analysis, and dissemination of data; to provide for the powers, duties, and authority of the planning agency and the clearing-house; to provide for

FRIDAY, MARCH 7, 1986

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the powers, duties, and authority of the Commissioner of Insurance, the executive director of the Health Planning Agency, the commissioner of human resources, the commissioner of medical assistance, and the Secretary of State; to provide for notices of charges; to provide for confidentiality of information and records; to provide for application to public and pri vate health care providers; to provide for disclosure and release of data; to provide for nonduplication of certain collected data; to provide for a clearing-house data base; to pro vide for public reports; to provide for certain costs, charges, and fees; to provide for annual reports; to provide for disciplinary sanctions against certain licensees; to provide for penal ties; to provide for certain civil immunity; to provide for disclosure of information and cer tain exceptions to immunity; to provide for other matters relative to the foregoing; to pro vide an effective date conditioned upon adequate appropriations; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to state health planning and development, is amended by striking paragraphs (9) and (10) of subsection (b) of Code Section 31-6-21, relating to the creation and functions of the Health Planning Agency, and inserting in lieu thereof new paragraphs (9), (10), and (11) to read as follows:
"(9) To grant, deny, or revoke a certificate of need as applied for or as amended;
(10) To perform powers and functions delegated by the Governor, which delegation may include the powers to carry out the duties and powers which have been delegated to the planning agency under Section 1122 of the Social Security Act of 1935, as amended; and
(11) To establish and conduct a state-wide health care data clearing-house to collect, verify, compile, analyze, and disseminate data collected pursuant to Article 5 of this chapter."
Section 2. Said chapter is further amended by adding at the end thereof a new article, to be designated Article 5, to read as follows:
"ARTICLE 5
31-6-90. As a result of rising health care costs and the concern expressed by health care providers, health care users, third-party payers, and the general public, there is an urgent need to abate these rising costs so as to place the cost of health care within reach of all Georgians without affecting the quality of health care. It is the intent and purpose of this article to maintain an acceptable quality of health care services in Georgia and yet at the same time improve the cost efficiency and effectiveness of health care services. To foster the cooperation of the separate industry forces, there is a need to compile and disseminate accu rate and current data, including but not limited to price and utilization data, to meet the needs of the people of Georgia and improve the appropriate usage of health care services. It is the intent of the General Assembly to require the information necessary for a review and comparison of costs and charges, utilization, accessibility, and outcome of health services. The information is to be compiled by the health care data clearing-house and made availa ble to interested persons to improve the decision-making processes regarding the purchase price, use, and outcome of appropriate health care services. The health care data clearing house shall take any necessary steps to ensure that patient confidentiality shall be protected.
31-6-91. For purposes of this article, the term:
(1) 'Advisory committee' means the Health Care Advisory Committee established under Code Section 31-6-93.
(2) 'Clearing-house' means the health care data clearing-house established under Code Section 31-6-92.
(3) 'Health care provider' means private hospitals, kidney disease treatment centers, ambulatory surgical or obstetrical facilities, health maintenance organizations, physicians

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and osteopaths, emergency care clinics, public health clinics, state owned clinics and hospi tals, all persons or organizations offering diagnostic-treatment health services, persons or organizations offering home health care or nursing home services, and all other professionals in the health care field licensed or registered by the state.
(4) 'Third-party payer" means any entity which provides health care insurance or a health care service plan, including but not limited to providers of major medical or compre hensive accident or health insurance, whether or not through a self-insurance plan, Medicaid, hospital service nonprofit corporation plans, or nonprofit health care plans or nonprofit medical service corporation plans, but does not mean a specified disease or supplemental hospital indemnity payer.
31-6-92. There is established within the Health Planning Agency a health care data clearing-house. The planning agency may contract with appropriate departments, agencies, business entities, or persons to perform the health care data clearing-house functions.
31-6-93. (a) There is established the Health Care Data Advisory Committee to operate as an advisory committee of the Health Planning Agency for purposes of this article. The advisory committee shall advise and provide any necessary assistance to the planning agency in the establishment and operation of a state-wide health care data clearing-house to collect, verify, compile, analyze, and disseminate data collected pursuant to this article from health care providers, the state Medicaid program, third-party payers, the Commissioner of Insurance, and the commissioner of human resources.
(b) The advisory committee shall consist of eleven members. The chairman of the Health Policy Council shall appoint one member of the council as a member of the advisory committee who shall be the chairman of the advisory committee. The Governor shall ap point the remaining members as follows:
(1) One member who shall represent business purchasers of health care;
(2) One member who shall represent labor interests;
(3) One member who shall represent the elderly population of the state;
(4) One member who shall represent consumer interests generally;
(5) One member who shall represent state government;
(6) One member who shall represent third-party payers;
(7) One member who shall represent nonprofit health care providers;
(8) One member who shall represent health care providers other than nonprofit health care providers;
(9) One member who shall demonstrate expertise in the area of computers and who may also be within any other category enumerated in this subsection; and
(10) One member who shall demonstrate expertise in the area of health care financing who may also be within any other category enumerated in this subsection.
(c) The person initially appointed as chairman of the advisory committee shall serve for a term of two years. One-half of the members initially appointed by the Governor shall serve for terms of two years and the remaining members initially appointed by the Governor shall serve for terms of one year, as such terms are designated by the Governor. After such initial appointments, all members of the advisory council shall be appointed for terms of two years and until their successors are appointed and qualified. No member shall be appointed for more than two consecutive two-year terms. A member may be removed from the advisory committee by a majority vote of the membership of the advisory committee for missing three consecutive meetings. The authority which appoints any member whose office subse quently becomes vacant shall, within three months after the vacancy occurs, appoint a suc cessor to serve out the unexpired term of office.
(d) A majority of the members of the advisory committee shall constitute a quorum.

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The advisory committee shall hold regular meetings at least once during each calendar quar ter. Additional called meetings may be held upon agreement of the advisory committee chairman and the executive director of the Health Planning Agency. Action of the advisory committee shall not be taken unless a quorum is present and except upon the affirmative vote of a majority of the members of the advisory committee present at such meeting. Mem bers of the advisory committee shall receive an expense allowance and reimbursement for actual travel costs in the same manner as provided for in Code Section 45-7-21.
31-6-94. The advisory committee shall present a progress report of its activities at each meeting of the council. The advisory committee shall be authorized to perform its functions under this article upon its own authority; except that any decision which involves major policy issues shall require prior approval of the Health Policy Council.
31-6-95. (a) The Insurance Department, the Department of Human Resources, and the Department of Medical Assistance shall, upon request of the clearing-house, obtain for and make available to the clearing-house such data as it requires to carry out its duties under this article. This data may include, but not be limited to, third-party payer information, licensure information, state operated facilities and programs information, or other informa tion pertinent to the area of responsibility of that state department.
(b) The Commissioner of Insurance and the executive director of the Health Planning Agency shall encourage and assist third-party payers and hospitals to implement voluntarily the use of a uniform hospital billing form. A uniform billing form may not be required by the Health Planning Agency or clearing-house.
(c) The Commissioner of Insurance shall require that all third-party payers provide to the clearing-house health care provider data regarding inpatient and outpatient claims. Such data may also include the data specified as reportable to the clearing-house under subsection (d) of this Code section.
(d) The clearing-house shall be authorized to request, collect, and receive data from health care providers, the state Medicaid program, third-party payers, the Commissioner of Insurance, the commissioner of human resources, and other appropriate sources as deter mined by the clearing-house. Such data shall be reported in a standard format established by the clearing-house and may include the patient's age, sex, race, ZIP code, county, payer's sources, date of admission, procedure and discharge date, principal and other diagnoses, principal and other procedures, total charges and components of those charges, uniform physician identification number, uniform hospital identification number, attending physi cian identification number, data indicating disposition and outcome, such as mortality rates, provider-specific case mix, organized programs utilized, specific financial data, data by payer category, and any other data provided for in this Code section.
(e) The clearing-house may limit the data collection to a sample when, in the judgment of the clearing-house, such sample is deemed to be a valid representation of the entire data otherwise required to be collected.
31-6-96. The clearing-house shall:
(1) Compile and disseminate comparative information on charges, total and ancillary charge components, and length of stay on diagnosis-specific and procedure-specific cases, as well as disposition, outcome, and utilization data, on a health care provider basis from the data provided for in Code Section 31-6-95. Data collected by the planning agency shall not be duplicated and any data collected by the planning agency may be included in clearing house reports as deemed appropriate to offer full information to the public. Prior to the release or dissemination of the reports, the clearing-house shall permit the reporting entity a 30 day opportunity to verify the accuracy of any information pertaining to their data. The reporting entity may submit to the clearing-house any corrections of errors in the compila tions of the data with any supporting evidence and comments. The clearing-house shall cor rect for the report such data which, in its judgment, is found to be in error;
(2) Provide that if the data required by the clearing-house or the members of the plan-

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ning agency is available from the reporting entity by acceptable formatted computer reada ble means, such method for reporting is preferred;
(3) Establish a system which creates the use of a common identification number, com mon digit codes, and common format with uniform data elements for any and all reporting entities; and
(4) Request that the commissioner of medical assistance make available to the advisory committee data and information on the Medicaid program similar to that required of other third-party payers.
31-6-97. The clearing-house may require third-party payers to provide to the clearing house health care policyholder or subscriber data by geographic area or other demographic category as well as to provide in a standard format such information as inpatient benefits, outpatient benefits, a proportion and amount of copayment, out-of-pocket maximums, ex clusions for existing conditions, and schedules of rates with such factors as age and sex reflected.
31-6-98. The executive director of the planning agency may require each health care provider to make available to its patients and to the clearing-house a listing of that pro vider's established charges for specified services and may further require each such provider to post in a public area utilized by such patients, such as a waiting or reception room, a notice of those patients' right to request and have made available such listing.
31-6-99. The clearing-house is authorized to require that any additional or alternative information related to the intent and purpose of this article as outlined in Code Section 316-90 be submitted to the clearing-house.
31-6-100. The reporting of any data required by this article by specified types of health care providers shall include health care providers operated by state, county, municipal, pub lic, or private entities, or any combination thereof.
31-6-101. (a) The Commissioner of Insurance, the commissioner of human resources, and the Secretary of State shall be authorized to promulgate such rules and regulations as are necessary to effectuate and carry out their authority and duties under this article.
(b) The planning agency shall be authorized to promulgate such rules and regulations as are necessary to effectuate and carry out its authority and duties under this article in the same manner as provided for in Code Section 31-6-21.1.
31-6-102. (a) The clearing-house shall be authorized to disclose nonpatient-specific data required under this article. The clearing-house shall develop guidelines for the responsible compilation, analysis, and dissemination of such data with clarifying interpretations. Compi lation and dissemination of such data shall be encouraged to facilitate appropriate planning and choices on the part of consumers, providers, and payers.
(b) Pursuant to subsection (b) of Code Section 31-6-101, the planning agency shall pro mulgate such rules and regulations as may be necessary to alleviate any unnecessary data collection, to avoid any unnecessary burden on data providers, and to avoid duplication of data required on periodic planning agency survey forms, required reporting forms, or any other readily available source.
31-6-103. The clearing-house data base established pursuant to this article shall be up dated no less frequently than on a semiannual basis. Public reports from that data, includ ing a consumer guide, shall be published no less frequently than annually.
31-6-104. The costs associated with implementing the data collection system provided for in this article shall be paid through the planning agency budget. The planning agency is authorized to charge fees for reports, data, and information related to the data system. The planning agency shall implement a fee scale for such information that will result in fee collections not to exceed the costs of the clearing-house; provided, however, that no fee shall be charged to providers who have submitted data to the planning agency as required in this article.

FRIDAY, MARCH 7, 1986

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31-6-105. The clearing-house shall prepare an annual report, to be submitted as an identified section of the annual report of the planning agency required under Code Section 31-6-46, for each year on and after the year this article becomes effective.
31-6-106. Upon receipt of written notice from the planning agency to a health care pro vider of its failure to comply with this article, such provider shall have a period of two weeks within which to respond and correct any reporting deficiency or the planning agency shall notify the appropriate licensing authority of the health care provider's failure to provide the data as required under this article, which failure may be grounds for disciplinary action on the part of the licensing agency of such health care provider.
31-6-107. (a) Notwithstanding any provision of law to the contrary, it shall not be un lawful to provide the information requested or required under this article or any other ac tions pursuant to this article as follows:
(1) From health care providers, third-party payers, and other persons to the clearing house;
(2) From the Commissioner of Insurance, the Secretary of State, the commissioner of human resources, or the commissioner of medical assistance to the clearing-house; or
(3) From the clearing-house, the advisory committee, the planning agency, the council, or their designees to interested persons.
(b) Information provided pursuant to this article or information released by the clear ing-house or any subcontracting party acting as an agent of the clearing-house shall not identify a patient by name or specific address. Any person, firm, corporation, association, or other entity who violates this subsection shall be guilty of a misdemeanor.
(c) The clearing-house shall determine the form in which information will be made available and to whom, when, and under what circumstances the information will be made available; provided, however, that nothing in this subsection shall prohibit a provider who has submitted data to the planning agency as required in this article from having access to any data submitted by any provider to the planning agency pursuant to this article.
(d) A person shall not be civilly liable as a result of the person's acts, omissions, or decisions as a member of the advisory committee, the council, or as an employee or agent in connection with the person's duties for the clearing-house and the planning agency.
31-6-108. (a) Unless otherwise provided in this article, the data collected by and fur nished to the clearing-house pursuant to this Code section shall not be public records under Article 4 of Chapter 18 of Title 50 or any other law governing the maintenance, inspection, or dissemination of data collected by the state. The reports prepared for release or dissemi nation from the data collected shall be public records under Article 4 of Chapter 18 of Title 50. The confidentiality of patients shall be protected and no provision of this article shall affect any provision of law relating to patient confidentiality.
(b) No cause of action shall arise against a person for disclosing information in accor dance with this article; provided, however, that this Code section shall not provide immu nity for disclosing or furnishing false information with malice or willful intent to injure any person."
Section 3. This Act shall become effective upon adequate appropriations being made by the Georgia General Assembly to fund this Act.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Senator Barnes of the 33rd offered the following amendment:
Amend the substitute to HB 1285 offered by the Senate Committee on Governmental Operations by adding on line 25 of Page 7 following the word "claims" the following:
"to the extent such information shall be unavailable from other sources".

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By adding on line 24 of Page 9 following the word "category" the following: "to the extent such information shall be unavailable from other sources".
Senator English of the 21st offered the following amendment: Amend the substitute to HB 1285 offered by the Senate Committee on Governmental Operations by striking lines 4 through 7 of Page 5 in their entirety and inserting in lieu thereof the following: "members. The Governor, with the advice and consent of the Senate, shall appoint the chairman of the advisory committee and shall appoint the".
Senator Kidd of the 25th offered the following amendment: Amend the substitute to HB 1285 offered by the Senate Committee on Governmental Operations by adding on line 32 of Page 3 between the word "means" and the word "pri vate" the following: "public hospitals,".
Senator Kidd of the 25th offered the following amendment: Amend the substitute to HB 1285 offered by the Senate Committee on Governmental Operations by striking lines 2 and 3 of Page 4 in their entirety and inserting in lieu thereof the following: "osteopaths, pharmacists, dentists, emergency care clinics, public health clinics, local and state owned clinics and hospitals, state mental institutions, all".
Senator Kidd of the 25th offered the following amendment: Amend the substitute to HB 1285 offered by the Senate Committee on Governmental Operations by adding between lines 20 and 21 of Page 9 the following: "(5) Request that the Secretary of the federal Department of Health and Human Ser vices make available to the advisory committee data and information on the medicare pro gram similar to that required of other third-party payers."
Senator Kidd of the 25th offered the following amendment: Amend the substitute to HB 1285 offered by the Senate Committee on Governmental Operations by striking lines 1 and 2 of Page 5 in their entirety and inserting in lieu thereof the following: "Commissioner of Insurance, the commissioner of human resources, and the Secretary of the federal Department of Health and Human Services". By striking lines 6 and 7 of Page 7 in their entirety and inserting in lieu thereof the following:
"Department of Human Resources, the Department of Medical Assistance, and the Sec retary of the federal Department of Health and Human Services shall, upon request of the".
By striking line 33 of Page 7 in its entirety and inserting in lieu thereof the following: "of human resources, the Secretary of the federal Department of Health and Human Services, and other appropriate sources as". By striking line 32 of Page 9 in its entirety and inserting in lieu thereof the following: "third-party payers, including the Department of Medical Assistance and the federal Department of Health and Human Services, to provide to the clearing-house".
Senator Kidd of the 25th offered the following amendment: Amend the committee substitute to HB 1285 offered by the Senate Committee on Gov-

FRIDAY, MARCH 7, 1986

2031

ernmental Operations by striking line 9 of Page 10 in its entirety and inserting in lieu thereof the following:
"clearing-house, provided that such information is not already provided to the state planning agency."

Senator Kidd of the 25th offered the following amendment:
Amend the substitute to HB 1285 offered by the Senate Committee on Governmental Operations by adding at the end of line 14 of Page 10 the following:
"The reporting of data by such health care providers shall begin simultaneously 30 days following the effective date of this article."

Senator Kidd of the 25th offered the following amendment:
Amend the substitute to HB 1285 offered by the Senate Committee on Governmental Operations by adding on line 4 of Page 2 after the word and symbol "appropriations;" the following:
"to provide for automatic repeal under certain conditions;".
By adding at the end of line 26 of Page 13 the following:
"If such funds are not appropriated by June 30, 1987, this Act shall be repealed on July 1, 1987."

Senator Kidd of the 25th moved that HB 1285 be placed on the Table.

On the motion, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Baldwin Barker Broun of 46th Brown of 47th

Burton English Gillis Kidd

Perry Phillips Reddish Tysinger

Those voting in the negative were Senators:

Albert Allgood Barnes Bond
Brannon
Bryanf Coverdell Dawkins Deal Dean Engram

Fincher Foster Garner Greene Harris Harrison
Son Howard Huggins Kennedy Land Langford

McGill McKenzie Peevy
Scott of 36th <,.
Stumbaugh Timmons Tolleson Trulock Turner Walker

Those not voting were Senators:

Cobb Coleman

Holloway Hudgins

Scott of 2nd Tate

On the motion, the yeas were 12, nays 38; the motion was lost.

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Senator Howard of the 42nd moved that HB 1285 be placed on the Table.
On the motion, the yeas were 44, nays 1; the motion prevailed, and HB 1285 was placed on the Table.
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.
Senate Sponsor: Senator Baldwin of the 29th.
The Senate Committee on Judiciary offered the following substitute to HB 1315:
A BILL
To be entitled an Act 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 provide that appeals to the department shall be heard by it after not less than 20 days' notice delivered by certified mail is given to all parties and their counsel of record, at such times and places as are set forth in such notice; 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; to provide for the standard and procedure for review of agency decisions; to provide standards for receiving a stay of the enforcement of any such final order pending appeal; 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 31 of the Official Code of Georgia Annotated, relating to administration and enforcement by the Department of Human Resources and county boards of health, is amended by striking subsection (a) of Code Section 31-5-3, relating to appeals, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) (1) Any person who is a party to a proceeding and who is aggrieved or adversely affected by any final order or action of a county board of health or agency of the department may have review thereof by appeal to the department. Any person who is a party to a pro ceeding and who is aggrieved or adversely affected by any final order or action of the de partment may have review thereof by appeal to the superior court in the county in which the action arose or to the Superior Court of Fulton County.
(2) Appeals to the department shall be heard by it after not less than 20 days' notice delivered by certified mail is given to all parties and their counsel of record, at such times and places as are set forth in such notice; provided, however, if such appeal is not heard and determined within a period of 90 days, the decision shall stand reversed unless all parties consent to an extension of time. Review on appeal to the department shall be confined to the record transmitted from below and the questions raised in the appeal. Orders, rules, regulations, or other decisions of county boards of health or other agencies of the depart ment shall not be set aside on appeal to the department unless contrary to law or rules and regulations of the department, or unsupported by substantial evidence on the record as a whole, or unreasonable.
(3) Appeal to the superior court shall be by petition which shall be filed in the clerk's office of such court within 30 days after the final order or action of the department; the petition shall set forth the names of the parties taking the appeal, the order, rule, regula-

FRIDAY, MARCH 7, 1986

2033

tion, or decision appealed from, and the reason it is claimed to be erroneous. The enforce ment of the order or action appealed from shall not be stayed until and unless so ordered and directed by the reviewing court. A reviewing court may order a stay only if the court makes a finding that the public health, safety, and welfare will not be harmed by the issu ance of the stay. Upon the filing of such petition, the petitioner shall serve on the commis sioner a copy thereof in a manner prescribed by law for the service of process, unless such service of process is waived. The review shall be conducted by the court without a jury and shall be confined to the record. In cases of alleged irregularities in procedure before the department, not shown in the record, proof thereon may be taken in the court. The court, upon request, shall hear oral argument and receive written briefs. The court shall not sub stitute its judgment for that of the department as to the weight of the evidence on questions of fact. The court may affirm the decision of the department or remand the case for further proceedings. The court may reverse or modify the decision if substantial rights of the appel lant have been prejudiced because the administrative findings, inferences, conclusions, or decisions are:
(1) In violation of constitutional or statutory provisions;
(2) In excess of the statutory authority of the department;
(3) Made upon unlawful procedure;
(4) Affected by other error of law;
(5) Clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or
(6) Arbitrary or capricious or characterized by abuse of discretion or clearly unwar ranted exercise of discretion."
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 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 Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Coverdell Dawkins Deal Dean English

Engram Fincher Foster Gillis Greene Harris Harrison Hine 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

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Voting in the negative was Senator Langford.

Those not voting were Senators:

Barker Barnes Cobb

Coleman Garner

Holloway Howard

On the passage of the bill, the yeas were 48, nays 1.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 1843. By Representatives Coleman of the 118th and Jackson of the 9th:
A bill to amend Code Section 35-2-36 of the Official Code of Georgia Annotated, relating to the composition of the battalion of the Uniform Division of the De partment of Public Safety, so as to provide that recruits or cadets of the Uniform Division shall be designated peace officers and shall have the authority of peace officers.
Senate Sponsors: Senators Cobb of the 28th and Harris of the 27th.

The Senate Committee on Public Safety offered the following substitute to HB 1843:

A BILL
To be entitled an Act to amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, so as to provide that recruits or cadets of the Uniform Division shall be designated peace officers and shall have the authority of peace officers; to change the provisions relating to the payment of a clothing allowance to members of the Uniform Division assigned permanently to personal security or special duty assign ments, including those assigned to the Georgia Peace Officer Standards and Training Coun cil; to provide for payment of a clothing allowance to agents of the Georgia Bureau of Inves tigation; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 35 of the Official Code of Georgia Annotated, relating to law enforce ment officers and agencies, is amended by striking in its entirety subsection (c) of Code Section 35-2-36, relating to the composition of the battalion of the Uniform Division of the Department of Public Safety, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) Within the limits set by available appropriations, the commissioner, with the ap proval of the board, is authorized to employ such recruits or cadets, as may be deemed necessary, who may become members of the Uniform Division but who shall not be mem bers of the Uniform Division so long as they remain recruits or cadets; provided, however, that such recruits or cadets are designated as 'peace officers' as such term is defined in paragraph (11) of Code Section 16-1-3 and shall have the authority of a peace officer."
Section 2. Said title is further amended by striking Code Section 35-2-52 in its entirety and inserting in lieu thereof a new Code Section 35-2-52 to read as follows:
"35-2-52. The commissioner at his discretion and subject to available funds, shall be authorized to pay to members of the Uniform Division a clothing allowance when the mem bers are permanently assigned to personal security or special duty assignments, including those assigned to the Georgia Peace Officer Standards and Training Council, which necessi tate those members wearing clothing other than the uniform of the Uniform Division. The commissioner, subject to the approval of the Board of Public Safety, shall establish the amount of clothing allowance to be paid each year."

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Section 3. Said title is further amended by striking Code Section 35-3-12 in its entirety and inserting in lieu thereof a new Code Section 35-3-12 to read as follows:
"35-3-12. (a) The bureau is authorized to pay all medical, surgical, hospital, nursing, and other similar expenses incurred by any member of the bureau as a result of injuries received in the line of duty. The bureau is authorized to make such payments in addition to any award made by the State Board of Workers' Compensation based on such injuries. Such payments shall be made only upon proper presentation of bills to the bureau. The bureau and the injured party shall together ascertain the correctness of all bills presented. No pay ments shall be made without the approval of the bureau.
(b) The director of investigation, at his discretion and subject to available funds, shall be authorized to pay to agents of the bureau a clothing allowance in an amount equal to the clothing allowance provided for certain members of the Uniform Division of the Georgia State Patrol as provided in Code Section 35-2-52."
Section 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.
Senator Barnes of the 33rd offered the following substitute to HB 1843:
A BILL
To be entitled an Act to amend Article 2 of Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia State Patrol, so as to provide that recruits or cadets of the Uniform Division shall be designated peace officers and shall have the author ity of peace officers; to change the provisions relating to the payment of a clothing allowance to members of the Uniform Division assigned permanently to personal security or special duty assignments; 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 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia State Patrol, is amended by striking subsection (c) of Code Section 35-2-36, relating to the composition of the battalion of the Uniform Division of the Depart ment of Public Safety, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) Within the limits set by available appropriations, the commissioner, with the ap proval of the board, is authorized to employ such recruits or cadets, as may be deemed necessary, who may become members of the Uniform Division but who shall not be mem bers of the Uniform Division so long as they remain recruits or cadets; provided, however, that such recruits or cadets are designated as 'peace officers' as such term is defined in paragraph (11) of Code Section 16-1-3 and shall have the authority of a peace officer."
Section 2. Said article is further amended by striking Code Section 35-2-52, relating to clothing allowance for the Uniform Division, in its entirety and inserting in lieu thereof a new Code Section 35-2-52 to read as follows:
"35-2-52. The commissioner at his discretion and subject to available funds, shall be authorized to pay to members of the Uniform Division a clothing allowance when the mem bers are permanently assigned to personal security or special duty assignments which neces sitate those members wearing clothing other than the uniform of the Uniform Division. The commissioner, subject to the approval of the Board of Public Safety, shall establish the amount of clothing allowance to be paid each year."
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.

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On the adoption of the substitute, the yeas were 30, nays 2, and the substitute was adopted.

The President ruled that, since the substitute to HB 1843 offered by the Senate Com mittee on Public Safety was adopted, the substitute to HB 1843 offered by Senator Barnes of the 33rd became moot.

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 Coleman Coverdell Dawkins Deal Dean

English Engram Fincher Foster Gillis Greene Harris Harrison Hine Horton Huggins Kennedy Kidd Land Langford McGill

McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Brannon Brantley Cobb

Garner Holloway Howard

Hudgins Scott of 36th

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Barnes of the 33rd gave notice that, at the proper time, he would move that the Senate reconsider its action in passing HB 1843.

The President stated that, as provided for in Senate Rule 99, he would set the time to entertain the motion to reconsider for 11:30 o'clock A.M. today.

HB 962. By Representatives Thomas of the 69th and Pinkston of the 100th:
A bill to amend Part 2 of Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to the privilege for and release of medical informa tion, so as to change the conditions under which medical information shall be released by physicians.
Senate Sponsor: Senator Dawkins of the 45th.

FRIDAY, MARCH 7, 1986

2037

The Senate Committee on Judiciary and Constitutional Law offered the following sub stitute to HB 962:
A BILL
To be entitled an Act to revise the scope of certain privileges against divulging informa tion and certain procedures to secure documents from otherwise privileged sources; to amend Code Section 9-11-34 of the Official Code of Georgia Annotated, relating to the pro duction of documents and things, so as to change procedures applicable to requests to pro duce documents made to certain nonparties; to amend Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to privileges of witnesses, so as to include communications made to a clergyman by a person seeking counseling as privileged; to in clude certain information of hospitals and health facilities as privileged; to provide excep tions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 9-11-34 of the Official Code of Georgia Annotated, relating to the production of documents and things, is amended by striking in its entirety subsection (c) and inserting in its place a new subsection (c) to read as follows:
"(c) (1) This Code section shall also be applicable with respect to discovery against persons, firms, or corporations who are not parties, in which event a copy of the request shall be served upon all parties of record; or, upon notice, the party desiring such discovery may proceed by taking the deposition of the person, firm, or corporation on oral examina tion or upon written questions under Code Section 9-11-30 or 9-11-31. The nonparty or any party may file an objection as provided in subsection (b) of this Code section. If the party desiring such discovery moves for an order under paragraph (a) of Code Section 9-11-37 to compel discovery, he shall make a showing of good cause to support his motion.
(2) This Code section shall also be applicable with respect to discovery against a nonparty who is a practitioner of the healing arts or a hospital or health care facility, including those operated by an agency or bureau of the state or other governmental unit. Where such a request is directed to such a nonparty, a copy of the request shall be served upon all parties of record; or, upon notice, the party desiring such discovery may proceed by taking the deposition of the person, firm, or corporation on oral examination or upon written ques tions under Code Section 9-11-30 or 9-11-31. The nonparty or any party may file an objec tion with the court in which the action is pending and shall serve a copy of such objection on the nonparty to whom the request is directed, who shall not furnish the requested mater ials until further order of the court, and on all other parties to the action. Upon the filing of such objection, the party desiring such discovery may move for an order under paragraph (a) of Code Section 9-11-37 to compel discovery and, if he shall make a showing of good cause to support his motion, discovery shall be allowed. If no objection is filed within ten days of the request, the nonparty to whom the request is directed shall promptly comply therewith."
Section 2. Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to privileges of witnesses, is amended by striking in its entirety Code Section 24-922, relating to privileged communications to a clergyman, and inserting in its place a new Code Section 24-9-22 to read as follows:
"24-9-22. Every communication made by any person professing religious faith seeking spiritual comfort, or seeking counseling to any Protestant minister of the Gospel, any priest of the Roman Catholic faith, any priest of the Greek Orthodox Catholic faith, any Jewish rabbi, or to any Christian or Jewish minister, by whatever name called, shall be deemed privileged. No such minister, priest, or rabbi shall disclose any communications made to him by any such person professing religious faith seeking spiritual guidance, or seeking counsel ing, nor shall such minister, priest, or rabbi be competent or compellable to testify with reference to any such communication in any court."
Section 3. Said article is further amended by striking in its entirety Code Section 24-9-

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40, relating to when medical information may be released, and inserting in its place a new Code Section 24-9-40 to read as follows:
"24-9-40, No physician licensed under Chapter 34 of Title 43 and no hospital or health care facility including those operated by an agency or bureau of the state or other govern mental unit, shall be required to release any medical information concerning a patient ex cept to the Department of Human Resources, its divisions, agents, or successors when re quired in the administration of public health programs pursuant to Code Section 31-12-2 and where authorized or required by law, statute, or lawful regulation; or on written authori zation or other waiver by the patient, or by his or her parents or duly appointed guardian ad litem in the case of a minor, or on appropriate court order or subpoena; provided, however, that any physician, hospital, or health care facility releasing information under written au thorization or other waiver by the patient, or by his or her parents or guardian ad litem in the case of a minor, or pursuant to law, statute, or lawful regulation, or under court order or subpoena shall not be liable to the patient or any other person; provided, further, that the privilege shall be waived to the extent that the patient places his care and treatment or the nature and extent of his injuries at issue in any civil or criminal proceeding. This Code section shall not apply to psychiatrists or to hospitals in which the patient is being or has been treated solely for mental illness."
Section 4. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 45, 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 Bwen Brann,on Brantley BBrroowunn ooff 4467tthh
Bryant Burton Coleman Coverdell Dawkins Deal Dean

Engram Fincher Foster Garner Gillis Greene Harris Harnson Hine HHoolrltoownay
Howard Hudgins Huggins Kennedy Kidd Land Langford

McGill McKenzie Peevy Perry Phillips Reddish Scott of 2nd Scott of 36th Q, ^Stuarmr b, augh,
Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Cobb

English

Ray

On the passage of the bill, the yeas were 53, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

FRIDAY, MARCH 7, 1986

2039

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:

The House has agreed to the Senate amendment to the following bill of the House:
HB 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.
The House has disagreed to the Senate amendment to the following bill of the House:
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.
The House insists on its position in substituting the following bills of the Senate:
SB 267. By Senators Howard of the 42nd, Fincher of the 54th, and Kidd of the 25th:
A bill to amend Part 3 of Article 2 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to the regulation of pharmacists, so as to provide for license expiration and renewal and to require pharmacists to obtain continuing pharmaceutical education as a condition for renewing their pharmacist license; to provide for approved correspondence courses.
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 House recedes from its position in disagreeing to the Senate substitute to the fol lowing resolution of the House:
HR 644. By Representatives Lucas of the 102nd and Coleman of the 118th:
A resolution proposing an amendment to the Constitution so as to provide that the General Assembly shall provide by law for a program of indemnification with respect to the permanent disability of any law enforcement officer, fireman, or prison guard who was permanently disabled in the line of duty subsequent to January 1, 1977, and prior to January 1, 1979; to provide that funds may be appropriated and insurance purchased for such purpose.
The House adheres to its position in substituting the following bill of the Senate, and

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has appointed a Committee of Conference on the part of the House to confer with a like committee on the part of the Senate:
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.
The Speaker has appointed on the part of the House, Representatives Dover of the llth, Wilson of the 20th and Brooks of the 34th.
The House insists on its position in disagreeing to the Senate amendment, and has appointed a Committee of Conference on the part of the House to confer with a like com mittee on the part of the Senate on the following resolution of the House:
HR 567. By Representative Ross of the 82nd: A resolution compensating Miss Annie M. Peterson.
The Speaker has appointed on the part of the House, Representatives Ross of the 82nd, Brooks of the 34th and Mangum of the 57th.
The House has passed by the requisite constitutional majority the following bills of the Senate:
SB 600. By Senator Reddish of the 6th: A bill to amend an Act consolidating the offices of tax receiver and tax collector of Charlton County, so as to change the compensation of the tax commissioner; to authorize the tax commissioner to retain certain fees.
SB 602. By Senators Harrison of the 37th, Brantley of the 56th, Tolleson of the 32nd and others: A bill to amend an Act consolidating the offices of tax collector and tax receiver of Cobb County into the one office of tax commissioner of Cobb County, as as to change the compensation of the chief clerk.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has agreed to the Senate amendment to the following bill of the House:
HB 1933. By Representatives Thompson of the 20th and Lawler of the 20th: A bill to reincorporate and provide a new charter for the City of Austell in Cobb and Douglas counties.
The House has agreed to the Senate substitute to the following bill of the House:
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

FRIDAY, MARCH 7, 1986

2041

as to authorize and direct the commissioner of revenue to design a special dis tinctive license plate for Georgia Southern College.
The House insists on its position in amending the following bill of the Senate:
SB 400. By Senators Garner of the 30th, Harrison of the 37th and Tolleson of the 32nd: 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 House has discharged Conference Committee #1 and has appointed Conference Committee #2 on the following bill of the House:
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.
The Speaker has appointed on the part of the House, Representatives Lee of the 72nd, Walker of the 115th and Connell of the 87th.
The House has passed by the requisite constitutional majority the following bills of the Senate:
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.
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 non-resident food fish dealer license.
The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate:
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.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate:
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-

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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.
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 following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate:
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 benefit plans, so as to authorize the commis sioner 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.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate:
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.
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 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.

FRIDAY, MARCH 7, 1986

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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.
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 House has agreed to the Senate amendment, as amended, to the following bill of the House:
HB 1785. By Representatives Milam of the 81st, Ware of the 77th, Phillips of the 120th, Bray of the 91st and Groover of the 99th: A bill to amend Code Section 48-5-290 of the Official Code of Georgia Annotated, relating to the creation and appointment of county boards of tax assessors, so as to change the number of members which may be appointed to a county board of tax assessors.
The House insists on its position in substituting the following bill of the Senate:
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 following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:
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.
Senate Sponsors: Senators Holloway of the 12th and Greene of the 26th.
The Senate Committee on Insurance offered the following substitute to HB 212:
A BILL
To be entitled an Act 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 certain continuing coverage after cancellation; to provide that such group health contracts and plans must provide certain conversion rights; to provide that such requirement shall apply to group accident and sickness insurance policies and contracts, group contracts issued by nonprofit hospital service corporations, group contracts issued by health care plans, group contracts issued by health maintenance organizations, and similar accident and sickness benefit plans, policies, and contracts; to provide provisions

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to be included in certificates issued to group members; to provide for administration by the Commissioner of Insurance; to provide for all related matters; to amend Chapter 30 of Title 33, relating to group accident and sickness insurance, so as to repeal certain requirements for notice of termination of coverage under certain group accident and sickness insurance policies; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance in general, is amended by adding a new Code Section 33-24-21.1 to read as follows:
"33-24-21.1. (a) As used in this Code section, the term:
(1) 'Eligible dependent' means a person who is entitled to medical benefits coverage under a group contract or group plan by reason of such person's dependency on or relation ship to a group member.
(2) 'Group contract or group plan' is synonymous with the term 'contract or plan' and means:
(A) A group contract of the type issued by a nonprofit medical service corporation es tablished under Chapter 18 of this title;
(B) A group contract of the type issued by a nonprofit hospital service corporation es tablished under Chapter 19 of this title;
(C) A group contract of the type issued by a health care plan established under Chapter 20 of this title;
(D) A group contract of the type issued by a health maintenance organization estab lished under Chapter 21 of this title; or
(E) A group accident and sickness insurance policy or contract, as defined in Chapter 30 of this title.
(3) 'Group member' means a person who has been a member of the group for at least three months and who is entitled to medical benefits coverage under a group contract or group plan and who is an insured, certificate holder, or subscriber under the contract or plan.
(4) 'Insurer' means an insurance company, nonprofit hospital service corporation, medi cal service nonprofit corporation, health care plan, or health maintenance organization.
(b) Each group contract or group plan delivered or issued for delivery in this state, other than a group accident and sickness insurance policy, contract, or plan issued in con nection with an extension of credit, which provides hospital, surgical, or major medical cov erage, or any combination of these coverages, on an expense incurred or service basis, ex cluding contracts and plans which provide benefits for specific diseases or accidental injuries only, shall provide that members whose insurance under the group contract or plan would otherwise terminate shall be entitled to continue their hospital, surgical, and major medical insurance coverage under that group contract or plan for themselves and their eligible dependents.
(c) Any group member whose coverage has been terminated and who has been continu ously covered under the group contract or group plan, and under any contract or plan pro viding similar benefits which it replaces, for at least three months immediately prior to such termination, shall be entitled to have his or her coverage and the coverage of his or her eligible dependents continued under the contract or plan. Such coverage must continue for the fractional policy month remaining, if any, at termination plus three additional policy months upon payment of the premium by cash, certified check, or money order, at the op tion of the employer, to the policyholder or employer, at the same rate for active group members set forth in the contract or plan, on a monthly basis in advance as such premium becomes due during this coverage period. Such premium payment must include any portion of the premium paid by a former employer or other person if such employer or other person

FRIDAY, MARCH 7, 1986

2045

no longer contributes premium payments for this coverage. At the end of such period, the group member shall have the same conversion rights that were available on the date of termination of coverage in accordance with the conversion privileges contained in the group contract or group plan.
(d) A group member shall not be entitled to have coverage continued if: (1) termination of coverage occurred because the employment of the group member was terminated for mis conduct; (2) termination of coverage occurred because the group member failed to pay any required contribution; or (3) any discontinued group coverage is immediately replaced by similar group coverage. Further, a group member shall not be entitled to have coverage continued if the group contract or group plan was terminated in its entirety or was termi nated with respect to a class to which the group member belonged. This subsection shall not affect conversion rights available to a group member under any contract or plan.
(e) If the group contract or group plan terminates while any group member's coverage is being continued, the group administrator, as prescribed by the insurer, must notify each such group member that he or she must exercise his or her conversion rights within 30 days of such notice.
(f) Every group contract or group plan, other than a group accident and sickness insur ance policy, contract, or plan issued in connection with an extension of credit, which pro vides hospital, surgical or major medical expense insurance, or any combination of these coverages, on an expense incurred or service basis, excluding policies which provide benefits for specific diseases or for accidental injuries only, shall contain a conversion privilege provi sion. Any group member whose insurance under the group policy has been terminated for any reason other than eligibility for medicare (reaching a limiting age for coverage under the group policy) or failure of the group member to pay a required premium contribution, and who has been continuously covered under the group contract or group plan, and under any contract or plan providing similar benefits which it replaces, for at least three months imme diately prior to termination shall be entitled, without evidence of insurability, to convert to individual or group coverage covering such group member and any eligible dependents who were covered under the group member's coverage under the group contract or group plan. The premium of the converted policy shall be determined in accordance with the insurer's table of premium rates applicable to the age and classification of risks of each person to be covered under that policy and to the type and amount of coverage provided.
(g) Each group certificate issued to each group member, in addition to setting forth any conversion rights, shall set forth the continuation right in a separate provision bearing its own caption. The provision shall clearly set forth a full description of the continuation right available, including all requirements, limitations, and exceptions, the premium required, and the time of payment of all premiums due during the period of continuation.
(h) The Commissioner shall adopt such rules and regulations as he deems necessary for the administration of this Code section. Such rules and regulations may prescribe various conversion plans, including minimum conversion standards and minimum benefits, but not requiring benefits in excess of those provided under the group contract or group plan from which conversion is made, scope of coverage, preexisting limitations, optional coverages, re ductions, notices to covered persons, and such other requirements as the Commissioner deems necessary for the protection of the citizens of this state.
(i) This Code section shall apply to all group plans and group contracts delivered or issued for delivery in this state on or after July 1, 1986, and to group plans and group contracts then in effect on the first anniversary date occurring on or after July 1, 1986."
Section 2. Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to group accident and sickness insurance, is amended by repealing Code Section 33-30-12, which reads as follows:
"33-30-12. (a) As used in this Code section, the term:
(1) 'Group health insurance policy' means an accident and sickness insurance policy or subscriber contract which provides benefits on a medical expense incurred basis and which

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is issued or provided by an insurer on a group or group-type basis covering persons as em ployees of employers or as members of unions or associations.
(2) 'Group-type basis' means a benefit plan, other than a salary budget plan utilizing individual insurance policies or contracts, which meets the following conditions:
(A) Coverage is provided through insurance policies or subscriber contracts to classes of employees or members defined in terms of conditions pertaining to employment or membership;
(B) The coverage is not available to the general public and can be obtained and main tained only because of the covered person's employment or membership in or in connection with the particular union or association;
(C) There are arrangements for bulk payment of premiums to the insurer; and
(D) There is sponsorship of the plan by the employer, union, or association.
(3) 'Insurer' means an insurance company, nonprofit hospital service corporation, medi cal service nonprofit corporation, fraternal benefit society, health care plan, health mainte nance organization, or other similar entity which issues or provides a group health insurance policy.
(4) 'Premium' means the premium or subscription charge for a group health insurance policy.
(b) Every group health insurance policy issued or issued for delivery in this state which covers less than 200 lives shall contain a provision to the effect that, in the event that there is a cancellation of coverage under the policy by the insurer and no replacement policy is provided through the employer, union, or association, a written notice shall be sent to at least the last 50 certificate holders, subscribers, or individual policyholders in this state, or the actual number of such persons if less, to or for whom the insurer has paid benefits under the policy within the last 12 months advising such persons that their coverage is being ter minated. The notice shall be sent to each such person by first-class mail to the last home address of such person contained in the files of the insurer or, if no name or address is contained in the insurer's files, to such person in care of the employer, union, or association, marked 'personal,' advising them that their coverage is being terminated. The notice shall be sent to each such person by first-class mail at least 20 days prior to the last date of coverage under the policy, the last day of any applicable grace period, or the last date on which any insured has an opportunity to exercise any conversion privilege under the policy, whichever shall last occur. Such notice shall advise such persons of their benefits and rights during any applicable grace period and shall request that the persons receiving such notice inform other persons covered under the policy of the termination of coverage.
(c) In no event shall an individually underwritten and issued insurance policy which provides a contractual right of renewal regardless of employment or membership in or con nection with any particular union, association, organization, or group be deemed to be is sued on a group-type basis, irrespective of the mode or channel of premium payment and regardless of any reduction in premium the covered person may receive by virtue of such method of premium collection.",
in its entirety.
Section 3. This Act shall become effective on July 1, 1986, except that Section 2 of 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.

FRIDAY, MARCH 7, 1986

2047

Senator Peevy of the 48th offered the following amendment:
Amend the substitute to HB 212 offered by the Senate Committee on Insurance as follows:
On Page 3, line 11, by adding the word "existing" after the word "their";
on Page 3, line 13, by striking, after the word "under", the word "that", and inserting the word "a";
on Page 3, line 22, by adding after the word "plan", "as set forth in paragraph (b)";
on Page 3, line 22, by striking, after the word "under", the word "the", and inserting the word "a";
on Page 3, line 27, by striking the words "employer, to the policy holder or employer", and inserting "insurer, to the insurer,";
on Page 3, line 28, by inserting between the words "the" and "contract", the words "former employer's".

On the adoption of the amendment, Senator Peevy of the 48th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Baldwin Bond BDraowwkninosf 47th
Deal
Fincher

Foster Harrison MHoinreton
Howard
Huggins

Peevy Scott of 36th QSt. umbKa.,u,gIh,
Trulock
Walker

Those voting in the negative were Senators:

Albert Allgood Barker Barnes Bowen Brantley Broun of 46th Bryant Burton Coleman Coverdell Dean

English Garner Gillis Greene Harris Holloway Hudgins Kennedy Kidd Land Langford McGill

McKenzie Perry Phillips Ray Reddish Scott of 2nd Starr Tate Timmons Tolleson Turner Tysinger

Those not voting were Senators:

Brannon

Cobb

Engram

On the adoption of the amendment, the yeas were 17, nays 36, and the amendment was lost.

Senator Peevy of the 48th offered the following amendment:
Amend the substitute to HB 212 offered by the Senate Committee on Insurance by adding the following language after the word "state." on line 4, Page 6: "The Commissioner shall require insurers affected by this code section to provide data to the Commissioner indicating the number of group members who continue their existing coverage under this code section, the number and amount of claims made by group members or their eligible

2048

JOURNAL OF THE SENATE

dependents, the group contract or group plan affected by the continuation of coverage, the number of employees regularly covered by the contract or plan, the effects of the claims on the increase or decrease of the rates and premiums of the contract or plan affected and any other date needed by the Commissioner to determine the overall effects of this code section on the contracts or plans. Such data shall be provided to the Commissioner for each sixmonth period after the effective date of this code section and shall be made available by the Commissioner to the House and Senate Insurance Committees."

On the adoption of the amendment, the yeas were 13, nays 27, and the amendment was lost.

Senator Stumbaugh of the 55th offered the following amendment:

Amend the substitute to HB 212 offered by the Senate Committee on Insurance by striking after the word "for", the word "misconduct", on Page 4, line 8, and inserting in its place "cause".

On the adoption of the amendment, the yeas were 31, nays 2, and the amendment was adopted.

Senator Stumbaugh of the 55th offered the following amendment:

Amend the substitute to HB 212 offered by the Senate Committee on Insurance by striking after the word "least", the word "three", on Page 2, line 27, and inserting in its place the word "six";
by striking after the word "least", the word "three", on Page 3, line 19, and inserting in its place "six";
by striking after the word "least", the word "three", on Page 5, line 7, and inserting in its place "six".

On the adoption of the amendment, the yeas were 42, nays 1, and the amendment was adopted.

On the adoption of the substitute, the yeas were 43, nays 0, and the substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill 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:

Allgood Barker Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell Dawkins

Deal Dean English Fincher Foster Gillis Greene Harris Hine Holloway Horton Howard Hudgins

Huggins Kennedy Kidd Land Langford McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Starr

FRIDAY, MARCH 7, 1986

2049

Stumbaugh Tate

Trulock Turner

Tysinger Walker

Those voting in the negative were Senators:

Albert Baldwin Garner

Harrison McGill

Scott of 36th Tolleson

Those not voting were Senators:

Brannon Cobb

Engram

Timmons

On the passage of the bill, the yeas were 45, nays 7.

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Albert of the 23rd introduced Honorable Roscoe Coleman, a former State Sena tor, and his family and he briefly addressed the Senate.

The following bill of the House was taken up for the purpose of considering the Confer ence Committee report thereon:

HB 1300. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th and others:
A bill to make and provide appropriations for the fiscal year beginning July 1, 1986 and ending June 30, 1987.

The Conference Committee report on HB 1300 was as follows:

The Committee of Conference on HB 1300 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1300 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Joseph E. Kennedy Senator, 4th District

/s/ Lauren McDonald, Jr. Representative, 12th District

/s/ Terrell A. Starr Senator, 44th District

/s/ A. L. Burruss Representative, 20th District

/s/ Al Holloway Senator, 12th District

/s/ L. L. Phillips Representative, 120th District

Conference Committee substitute to HB 1300:

A BILL
To be entitled an Act to make and provide appropriations for the State Fiscal Year beginning July 1, 1986, and ending June 30, 1987; to make and provide such appropriations for the operation of the State government, its departments, boards, bureaus, commissions, institutions, and other agencies, and for the university system, common schools, counties, municipalities, political subdivisions and for all other governmental activities, projects and undertakings authorized by law, and for all leases, contracts, agreements, and grants author ized by law; to provide for the control and administration of funds; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: That the sums of money hereinafter provided are appropriated for the State fiscal year beginning July 1, 1986, and ending June 30, 1987, as prescribed hereinafter for such fiscal

2050

JOURNAL OF THE SENATE

year, from funds from the Federal Government, and the General Funds of the State includ ing unappropriated surplus and a revenue estimate of $5,316,000,000 for State fiscal year 1987.
PART I.
LEGISLATIVE BRANCH

Section 1. Legislative Branch. Budget Unit: Legislative Branch. ......... Personal Services--Staff ............... Personal Services--Elected Officials .... Regular Operating Expenses .......... Travel--Staff ......................... Travel--Elected Officials ............... Motor Vehicle Equipment Purchases .... Publications and Printing .............. Equipment Purchases. ................. Computer Charges .................... Real Estate Rentals ................... Telecommunications ................... Per Diem, Fees and Contracts--Staff Per Diem, Fees and Contracts--Elected Officials Postage .............................. Photography .......................... Expense Reimbursement Account ....... Capital Outlay ........................ Total Funds Budgeted ................. State Funds Budgeted .................

Senate Functional Budgets

Total Funds

Senate and Research Office Lt. Governor's Office

$ 3,472,555

$

444,229

Secretary of the Senate's Office
Total

$ 1,015,210 $ 4,931,994

House Functional Budgets

Total Funds

House of Representatives and Research Office
Speaker of the House's Office
Clerk of the House's Office Total

$ 7,285,996

$

269,352

$ 1,022,233

$ 8,577,581

Joint Functional Budgets

Total Funds

Legislative Counsel's Office Legislative Fiscal Office Legislative Budget Office Ancillary Activities Total

$ 1,913,707

$ 1,399,350

$

763,990

$

789,780

$ 4,866,827

.....$ 18,376,402 ......$ 8,047,607 ......$ 3,089,775
.... $ 1,748,372 .... $ 97,800
.... $ 5,000 .........$ --0-- .......$ 412,100 .......$ 393,000
.... $ 396,500 ........$ 62,300 ... $ 595,200
.... $ 342,581 .... $ 1,824,067
. $ 141,300 .... $ 71,000 .... $ 1,132,800 ........$ 17,000 ..... $ 18,376,402 .....$ 18,376,402

State Funds

$ 3,472,555

$

444,229

$ 1,015,210 $ 4,931,994

State Funds

$ 7,285,996

$

269,352

$ 1,022,233

$ 8,577,581

State Funds

$ 1,913,707

$ 1,399,350

$

763,990

$

789,780

$ 4,866,827

FRIDAY, MARCH 7, 1986

2051

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 ................................$ 10,414,872 Operations Budget: Personal Services.................................................$ 8,786,182 Regular Operating Expenses ........................................$ 261,200 Travel ...........................................................$ 700,000 Motor Vehicle Equipment Purchases .................................$ 54,000 Publications and Printing ...........................................$ 30,000 Equipment Purchases ...............................................$ 55,000 Per Diem, Fees and Contracts .......................................$ 25,000 Real Estate Rentals ...............................................$ 238,490 Computer Charges .. .^ ........................ .^ ..................$ 205,000 Telecommunications ................................................$ 60,000 Total Funds Budgeted ...........................................$ 10,414,872 State Funds Budgeted ...........................................$ 10,414,872
PART II.
JUDICIAL BRANCH
Section 3. Supreme Court. Budget Unit: Supreme Court ....................................... .^ 3,305,545

2052

JOURNAL OF THE SENATE

Section 4. Court of Appeals. Budget Unit: Court of Appeals ......................................$ 3,784,560
Section 5. Superior Courts. Budget Unit: Superior Courts ......................................$ 30,713,828 Operation of the Courts .........................................$ 29,268,640 Prosecuting Attorneys' Council .....................................$ 579,032 Sentence Review Panel ............................................ ^ 119,247 Council of Superior Court Judges ....................................$ 68,986 Judicial Administrative Districts ....................................$ 670,523 Habeas Corpus Clerk ................................................$ 7,400
Section 6. Juvenile Courts. Budget Unit: Juvenile Courts ........................................ 9 207,411
Section 7. Institute of Continuing Judicial Education. Budget Unit: Institute of Continuing Judicial Education ................ $ 308,334 Institute's Operations ..............................................$ 270,000 Georgia Magistrate Courts Training Council .......................... $ 38,334
Section 8. Judicial Council. Budget Unit: Judicial Council ........................................$ 662,405 Council Operations ................................................$ 570,358 Payments to Judicial Administrative Districts for Case Counting ......................... $ 69,000 Board of Court Reporting ...........................................$ 23,047
Section 9. Judicial Qualifications Commission. Budget Unit: Judicial Qualifications Commission .......................$ 105,292
Section 10. Council of Magistrate Court Judges. Budget Unit: Council of Magistrate Court Judges ....................... $ 20,000
Section 11. Council of Probate Court Judges. Budget Unit: Council of Probate Court Judges. .........................$ 20,000
Section 12. Council of State Court Judges. Budget Unit: Council of State Court Judges .............................$ 9,500
PART III.
EXECUTIVE BRANCH
Section 13. Department of Administrative Services. A. Budget Unit: Department of Administrative Services ...............$ 31,880,139
Administrative Services Budget: Personal Services................................................$ 34,187,418 Regular Operating Expenses .......................................$ 6,930,557 Travel ...........................................................$ 196,000 Motor Vehicle Equipment Purchases ................................$ 382,000 Publications and Printing ..........................................$ 160,000 Equipment Purchases. ........................................... .9 1,296,015 Computer Charges ...............................................$ 8,162,000 Real Estate Rentals ..............................................$ 2,901,000 Telecommunications ...............................................$ 633,154 Per Diem, Fees and Contracts ......................................$ 389,000 Rents and Maintenance Expense .................................$ 19,487,000 Utilities ...........................................................$ 39,000 Unemployment Compensation Reserve ................................$ --0-- Postage ..........................................................$ 251,935 Payments to DOAS Fiscal Administration ..........................$ 1,960,000

FRIDAY, MARCH 7, 1986

2053

Direct Payments to Georgia

Building Authority for Capital Outlay ......................... .....$--0--

Direct Payments to Georgia

Building Authority for Authority Lease Rentals ................

Direct Payments to Georgia

Building Authority for Operations ............................ ... $ 602,000

Telephone Billings ............................................ $ 28,762,000

Materials for Resale ........................................... . . $ 9,913,000

Public Safety Officers Indemnity Fund .......................... . $ 609,000

Health Planning Review Board Operations ......................

$ 50,000

Georgia Golf Hall of Fame Operations .......................... .... $ 30,000

Unemployment Compensation Payments ........................ Comprehensive General Liability Reserve Fund .................. .... $ --0--

Hazardous Materials Liability Reserve Fund ................... . . . $ 500,000

Utilization Adjustment ........................................ ..$ (119,790)

Total Funds Budgeted......................................... $ 117,321,289

State Funds Budgeted ......................................... .$ 31,880,139

Department of Administrative Services Functional Budgets

Total Funds

State Funds

State Properties Commission

$

327,483

327,483

Departmental Administration

$ 2,652,876

2,652,876

Treasury and Fiscal Administration Central Supply Administration

$ 9,838,461 $ 9,558,269

7,878,461 --0--

Procurement Administration General Services Administration

$ 2,426,066

$

587,773

2,426,066 --0--

Space Management Administration

$

487,781

487,781

Data Processing Services

$ 46,842,839

12,227,262

Motor Vehicle Services

$ 2,484,106

Communication Services Printing Services Surplus Property Services Mail and Courier Services

$ 33,707,069

$ 5,456,252

$ 1,294,956

$

436,501

6,000,000 --0-- --0--

Risk Management Services

$ 1,340,647

Utilization Adjustment

$ (119,790)

(119,790)

Total

$ 117,321,289

31,880,139

B. Budget Unit: Georgia Building Authority................... Georgia Building Authority Budget: Personal Services......................................... Regular Operating Expenses............................... Travel .................................................. Motor Vehicle Equipment Purchases ....................... Publications and Printing ................................ Equipment Purchases..................................... Computer Charges ....................................... Real Estate Rentals ...................................... Telecommunications ...................................... Per Diem, Fees and Contracts ............................. Capital Outlay ........................................... Authority Lease Rentals .................................. Utilities .................................................

.....$-0-
.$ 15,858,647 . $ 3,734,507 .....$ 8,000 . . . . $ 36,000 . . . . $ 30,000 . . . $ 133,280 . . . . $ 41,000 . . .. $ 39,300 . . .. $ 94,316 . $ 133,800 ... $ 230,000 . . . $ 340,640
$ 7,370,353

2054

JOURNAL OF THE SENATE

Facilities Renovations and Repairs . Total Funds Budgeted ............ State Funds Budgeted ............

Georgia Building Authority Functional Budgets

Total Funds

Grounds Custodial

$ 1,307,604 3,561,225

Maintenance

3,146,284

Security

2,704,755

Van Pool

110,672

Sales

3,510,402

Administration Facility Renovations Undistributed

13,708,901 --0-- --0--

Total

28,049,843

.....$ --0-- $ 28,049,843 .....$ --0--
State Funds --0--

Section 14. Department of Agriculture. A. Budget Unit: Department of Agriculture ..........................$ 31,627,158
State Operations Budget: Personal Services................................................$ 25,575,125 Regular Operating Expenses. ......................................$ 2,318,000 Travel ...........................................................$ 852,000 Motor Vehicle Equipment Purchases ................................$ 531,000 Publications and Printing ..........................................$ 606,000 Equipment Purchases ..............................................$ 307,000 Computer Charges ................................................$ 258,270 Real Estate Rentals ...............................................$ 607,000 Telecommunications .......................... . . ...................$ 358,000 Per Diem, Fees and Contracts ....................... ^. .............$ 318,000 Market Bulletin Postage ...........................................$ 547,000
Payments to Athens and Tifton Veterinary Laboratories .........................................$ 1,947,535
Poultry Veterinary Diagnostic Laboratories in Canton, Dalton, Douglas, Oakwood, and Statesboro ...............................$ 1,390,500
Veterinary Fees ............................:......................$ 547,000 Indemnities .......................................................$ 114,000 Bee Indemnities. ...................................................$ 75,000 Advertising Contract ..............................................$ 105,000
Payments to Georgia Agrirama Development Authority for Operations ............................ $ 409,000
Renovation, Construction, Repairs and Maintenance Projects at Major and Minor Markets .............................$ 415,000
Capital Outlay ...................................................$ 2,560,000 Contract--Federation of Southern Cooperatives ....................... $ 60,000 Tick Control Program ..............................................$ 50,000 Utilization Adjustment ...........................................$ (310,280) Total Funds Budgeted ...........................................$ 39,640,150 State Funds Budgeted ...........................................$ 31,627,158

FRIDAY, MARCH 7, 1986

2055

Department of Agriculture Functional Budgets

Total Funds

Plant Industry

$ 6,021,680

Animal Industry

$ 6,241,278

Marketing

$ 2,023,308

General Field Forces

$ 3,186,030

Internal Administration

$ 3,593,385

Information and Education

1,271,790

Fuel and Measures

2,334,770

Consumer Protection Field Forces

5,409,628

Meat Inspection

3,953,900

Major Markets

3,749,181

Seed Technology

338,336

Entymology and Pesticides

1,827,144

Utilization Adjustment

(310,280)

Total

39,640,150

State Funds 5,566,050 5,880,708 2,018,308 3,186,030 3,524,205 1,271,790 2,329,770
4,318,166 1,610,450
498,508
1,733,453 (310,280) 31,627,158

B. Budget Unit: Georgia Agrirama Development Authority ................$ --0-- Georgia Agrirama Development Authority Budget: Personal Services ..................................................$ 459,000 Regular Operating Expenses ........................................$ 115,000 Travel .............................................................$ 7,000 Motor Vehicle Equipment Purchases .................................$ 10,000 Publications and Printing ...........................................$ 16,000 Equipment Purchases ................................................$ 7,000 Computer Charges ..................................................$ --0-- Real Estate Rentals .................................................$ --0-- Telecommunications .................................................$ 8,000 Per Diem, Fees and Contracts .......................................$ 31,000 Capital Outlay ....................................................$ 205,000 Goods for Resale ...................................................$ 78,000 Total Funds Budgeted .............................................$ 936,000 State Funds Budgeted ...............................................$ --0--

Section 15. Department of Banking and Finance. Budget Unit: Department of Banking and Finance ....................$ 4,710,914 Administration and Examination Budget: Personal Services .................................................$ 3,908,681 Regular Operating Expenses ........................................$ 171,000 Travel ...........................................................$ 313,133 Motor Vehicle Equipment Purchases .................................$ 50,800 Publications and Printing ...........................................$ 13,000 Equipment Purchases ................................................$ 7,000 Computer Charges .................................................$ 89,000 Real Estate Rentals ...............................................$ 158,000 Telecommunications ................................................$ 35,000 Per Diem, Fees and Contracts ....................................... i 10,500 Utilization Adjustment ............................................$ (45,200) Total Funds Budgeted ............................................$ 4,710,914 State Funds Budgeted ............................................$ 4,710,914

2056

JOURNAL OF THE SENATE

Section 16. Department of Community Affairs. A. Budget Unit: Department of Community Affairs
State Operations Budget: Personal Services............................................ Regular Operating Expenses Travel ..................................................... Motor Vehicle Equipment Purchases Publications and Printing .................................... Equipment Purchases. ....................................... Computer Charges ..........................................
Real Estate Rentals Telecommunications ......................................... Per Diem, Fees and Contracts ................................ Capital Felony Expenses ..................................... Contracts with Area Planning
and Development Commissions 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. ............................... Utilization Adjustment ...................................... Total Funds Budgeted ....................................... State Funds Budgeted .......................................

Department of Community Affairs Functional Budgets

Total Funds

Executive and Administrative Technical Assistance Community and Economic Development Intergovernmental Assistance Utilization Adjustment Total

3,227,354 2,317,007 33,271,339 1,077,790
(36,460) 39,857,030

B. Budget Unit: Authorities ............ Operations Budget: Personal Services.................... Regular Operating Expenses Travel ............................ Motor Vehicle Equipment Purchases Publications and Printing ............ Equipment Purchases ............... Computer Charges .................. Real Estate Rentals ................. Telecommunications ................. Per Diem, Fees and Contracts ........ Rental Assistance Payments......... Grants to Housing Sponsors......... Total Funds Budgeted .............. State Funds Budgeted ..............

$ 6,897,911
$ 4,393,990 $ 137,000
. . . $ 188,000 .....$ 7,000
$ 78,000 $ 20,000 ....$ 34,000 . . . $ 206,000 . . . . $ 73,000 . . . $ 101,000 ....$ 50,000
$ 1,350,500 . . . $ 576,000 . . . $ 139,000 $ 30,515,000
$ 1,000,000 .....$ --0--
$ 650,000 . . . $ 375,000 .....$ --0--
$ (36,460) $ 39,857,030 ..$6,897,911
State Funds
3,170,354
1,090,274
1,755,588
918,155
(36,460)
6,897,911
$ 2,902,441 . $ 269,957 . $ 77,589 . $ 75,018 . $ 74,601 . $ 40,959
$ 56,000 . $ 236,291 . $ 79,589
$ 138,555 14,500,000 $ 500,000 18,951,000

FRIDAY, MARCH 7, 1986

2057

Authorities Functional Budgets

Total Funds

Georgia Residential Finance Authority

$ 18,576,000

Georgia Development Authority

$

375,000

Undistributed

$

--0--

Total

$ 18,951,000

Section 17. Department of Corrections.

A. Budget Unit: Departmental Operations ............................$ 27,386,004

Departmental Operations Budget:

Personal Services................................................$ 11,193,676

Regular Operating Expenses ........................................$ 727,000

Travel ...........................................................$ 366,000

Motor Vehicle Equipment Purchases ................................$ 400,000

Publications and Printing ...........................................$ 65,000

Equipment Purchases ..............................................$ 99,000

Computer Charges ...............................................$ 1,640,000

Real Estate Rentals ..............................................$ 1,112,000

Telecommunications

.... $ 321,000

Per Diem, Fees and Contracts .....................................$ 1,054,000

Utilities ...........................................................$ 50,000

County Subsidy ..................................................$ 8,299,188

County Subsidy for Jails ...........................................$ 221,900

Court Costs .......................................................$ 350,000

Central Repair Fund ..............................................$ 581,000

Grants for County Workcamp Construction

.... $ 1,000,000

Local Jail Equipment Grants .........................................$ --0--

Grants for Local Jails .............................................$ 515,000

Capital Outlay ....................................................$ 316,000

Utilization Adjustment

............$ (254,760)

Total Funds Budgeted ...........................................$ 28,056,004

Indirect DOAS Funding ...........................................$ 450,000

State Funds Budgeted

.... $ 27,386,004

Departmental Operations Functional Budgets

General Administration and Support
Adult Facilities and Programs Training and Staff Development Utilization Adjustment Total

Total Funds
$ 11,492,941 $ 15,293,094 $ 1,524,729 $ (254,760) $ 28,056,004

State Funds
$ 11,042,941 $ 15,073,094 $ 1,524,729 $ (254,760) $ 27,386,004

B. Budget Unit: Correctional Institutions, Transitional Centers and Support......
Institutional Operations Budget: Personal Services..................... Regular Operating Expenses........... Travel .............................. Motor Vehicle Equipment Purchases . Publications and Printing ............. Equipment Purchases ................ Computer Charges ...................

. $ 167,153,480
. $ 120,956,861 . . . $ 19,722,800 .... $ 90,163
......$ 90,000 . . . .$ 2,096,110

2058

JOURNAL OF THE SENATE

Real Estate Rentals ..........................

. . $ 305,000

Telecommunications ..........................

$ 1,123,000

Per Diem, Fees and Contracts .............

. . . $ 221,000

Utilities .....................................

. $ 7,618,000

Payments to Central State

Hospital for Meals .........................

. $ 2,464,000

Payments to Central State

Hospital for Utilities .......................

$ 1,220,000

Payments to Public Safety for Meals. ..........

. . . $ 287,000

Inmate Release Funds ........................

... $ 877,000

Health Service Purchases .....................

$ 11,600,000

Payments to the Medical Association of Georgia for

Jail and Prison Health Care Certification ....................... . . . . $ 46,000

University of Georgia--

Cooperative Extension Service Contracts ....................... ... $ 239,000

Minor Construction Fund ....................................... ... $ 860,976

Authority Lease Rentals ........................................ . . . $ 440,000

Capital Outlay .................................................

Utilization Adjustment ......................................... $ (1,556,430)

Total Funds Budgeted.......................................... $ 168,700,480

State Funds Budgeted .......................................... $ 167,153,480

Correctional Institutions, Transitional Centers, and Support Functional Budgets

Total Funds

State Funds

Georgia Training and Development Center

2,115,770

2,115,770

Georgia Industrial Institute

8,687,691

8,687,691

Alto Education and Evaluation Center

1,596,640 $ 1,596,640

Georgia Diagnostic and Classification Center
Georgia State Prison
Consolidated Branches

$ 9,638,379 $ 9,638,379 $ 18,996,064 $ 18,996,064 $ 14,989,546 $ 14,899,546

Middle Georgia Correctional Institution

$ 21,391,635 $ 21,391,635

Jack T. Rutledge Correctional Institution

$ 4,262,917 $ 4,262,917

Central Correctional Institution
Metro Correctional Institution Coastal Correctional Institution Central Funds D.O.T. Work Details

$ 3,691,079 $ 3,691,079

$ 5,003,469 $ 5,003,469

$ 4,805,099 $ 4,746,099

$ 13,812,421 $ 13,812,421

$

725,000 $

-0-

Food Processing and Distribution
Farm Operations Dodge Correctional Institution Transitional Centers

$ 12,938,047 $ 12,290,047 $ 5,400,078 $ 5,375,078 $ 3,711,163 $ 3,711,163 $ 3,714,238 $ 3,714,238

Augusta Correctional and Medical Institution

6,372,643

6,372,643

FRIDAY, MARCH 7, 1986

2059

Health Care Richard H. Rogers
Correctional Institution Forsyth Correctional
Institution Federal Grants
Utilization Adjustment
Total

$ 21,401,283

$ 4,139,349

$ 2,864,399

$

--0--

$ (1,556,430)

$ 168,700,480

$ 21,401,283

$ 4,139,349

$ 2,864,399

$

--0--

$ (1,556,430)

$ 167,153,480

C. Budget Unit: Board of Pardons and Paroles

....

$ 15,193,075

Board of Pardons and Paroles Budget:

Personal Services ................................................$ 12,701,360

Regular Operating Expenses ........................................$ 331,970

Travel ............... .^ ................... ^......................$ 422,000

Motor Vehicle Equipment Purchases .................................$ 70,000

Publications and Printing ..................................,........$ 43,000

Equipment Purchases ...............................................$ 85,000

Computer Charges ................................................$ 122,000

Real Estate Rentals ...............................................$ 852,000

Telecommunications ...............................................$ 347,000

Per Diem, Fees and Contracts .......................................$ 64,000

County Jail Subsidy ...............................................$ 293,895

Utilization Adjustment ...........................................$ (139,150)

Total Funds Budgeted ...........................................$ 15,193,075

State Funds Budgeted ...........................................$ 15,193,075

D. Budget Unit: Georgia Correctional Industries ........................ Georgia Correctional Industries Budget: Personal Services.................................................$ 2,602,238 Regular Operating Expenses .......................................$ 1,067,950 Travel ............................................................$ 66,400 Motor Vehicle Equipment Purchases ................................$ 198,000 Publications and Printing ............................................$ 8,800 Equipment Purchases. .............................................$ 310,000 Computer Charges ..................................................$ 1,985 Real Estate Rentals ................................................$ 81,650 Telecommunications ................................................$ 75,000 Per Diem, Fees and Contracts ......................................$ 270,000 Cost of Sales ....................................................$ 6,380,000 Repayment of Prior Year's Appropriations............................ $ 84,000 Capital Outlay ......................................................$ --0-- Total Funds Budgeted ...........................................$ 11,146,023 State Funds Budgeted ...............................................$ --0--

E. Budget Unit: Division of Probations ..............................$ 36,228,917
Operations Budget: Personal Services ................................................$ 35,437,387 Regular Operating Expenses ........................................$ 861,000 Travel ...........................................................$ 678,000 Motor Vehicle Equipment Purchases ..................................$ --0-- Publications and Printing ...........................................$ 92,000 Equipment Purchases ..............................................$ 187,000 Computer Charges ..................................................$ --0-- Real Estate Rentals ..............................................$ 1,078,000 Telecommunications ...............................................$ 468,000 Utilities ..........................................................$ 326,000

2060

JOURNAL OF THE SENATE

Per Diem, Fees and Contracts ............................. Capital Outlay ........................................... Utilization Adjustment ................................... Total Funds Budgeted .................................... State Funds Budgeted ....................................

Division of Probations Functional Budgets

Total Funds

Probation Administration

801,405

Probation Field Operations

31,968,751

Diversion Centers

7,209,231

Utilization Adjustment

(322,470)

Total

39,656,917

. ... $ 12,000 . . . $ 840,000
$ (322,470) $ 39,656,917 . $ 36,228,917
State Funds 801,405
29,328,751 6,421,231 (322,470) 36,228,917

Section 18. Department of Defense. Budget Unit: Department of Defense ................................$ 3,954,941 Operations Budget: Personal Services .................................................$ 6,371,234 Regular Operating Expenses .......................................$ 1,677,000 Travel ............................................................$ 60,000 Motor Vehicle Equipment Purchases .................................$ 10,000 Publications and Printing ...........................................$ 40,000 Equipment Purchases. .............................................$ 107,850 Computer Charges .................................................$ 18,000 Real Estate Rentals ................................................. ^ 8,000 Telecommunications ................................................$ 76,000 Per Diem, Fees and Contracts ......................................$ 141,000 Utilities .........................................................$ 1,655,000 Grants to Locals--EMA (P&A) M/S ...............................$ 1,498,000 Grants--Others ....................................................$ 41,000 Georgia Military Institute Grant .....................................$ 18,000 Civil Air Patrol Contract. ...........................................I 42,000 Capital Outlay ......................................................$ --0-- Grants to Armories ................................................$ 510,000 Repairs and Renovations ............................................$ 71,000 Utilization Adjustment ............................................$ (65,530) Total Funds Budgeted ...........................................$ 12,278,554 State Funds Budgeted ............................................$ 3,954,941

Department of Defense Functional Budgets

Total Funds

State Funds

Office of the Adjutant General

$ 2,535,212 $ 1,035,718

Georgia Emergency Management Agency

$ 1,786,743 $

793,386

Georgia Air National Guard

$ 2,973,515 $

406,590

Georgia Army National Guard

$ 5,048,614 $ 1,784,777

Utilization Adjustment

$

(65,530) $

(65,530)

Total

$ 12,278,554 $ 3,954,941

Section 19. State Board of Education--Department of Education. Budget Unit: Department of Education ..........................$ 1,981,493,852 Operations: Personal Services. ...............................................$ 33,784,335

FRIDAY, MARCH 7, 1986

2061

Regular Operating Expenses .......................................$ 3,268,210 Travel ............................................... . . .........$ 1,045,401 Motor Vehicle Equipment Purchases ................................$ 115,000 Publications and Printing ..........................................$ 510,375 Equipment Purchases. .............................................$ 271,815 Computer Charges .............. . . . . . . ........ . . ............... . . $ 8,239,140 Real Estate Rentals ..............................................$ 1,997,335 Telecommunications ...............................................$ 610,688 Per Diem, Fees and Contracts .....................................$ 9,158,755 Utilities ............................................... . . . .......$ 1,098,045 Capital Outlay ...................................................$ 1,030,000 QBE Formula Grants: Kindergarten .............. . . ..................... .............$ 120,621,279 Grades 1-3 ........................................ .^ .........$ 330,888,401 Grades 4-8 ....................................................$ 390,033,137 Grades 9-12 ...................................................$ 209,108,876 Indirect Cost ................................................ . .$ 340,262,204 High School Laboratories ........................................$ 58,367,296 Vocational Education Laboratories ................................$ 67,642,730 Special Education ..............................................$ 104,393,896 Gifted ..........................................................$ 10,417,109 Remedial Education .............................................$ 13,383,097 Staff Development ...............................................$ 5,967,005 Media ..........................................................$ 62,040,723 Pre-Paid Teacher Retirement .................................$ (142,000,000) July/August APEG Salaries .....................................$ 231,464,756 Pupil Transportation ..............................................$ 99,464,112 Isolated Schools ....................................................$ 886,547 Local Fair Share ...............................................$ (263,245,650) Other QBE Categorical Grants: Equalization Formula ............................................$ 84,407,589 Grants for Contract Transfer Payment ................................$ --0-- Sparsity Grants ...................................................$ 500,000 Education of Children of Low-Income Families ....................$ 78,364,380 Retirement ......................................................$ 1,700,000 Instructional Services for the Handicapped ........................$ 22,688,125 Tuition for the Multi-handicapped .................................$ 1,472,000 Severely Emotionally Disturbed ..................................$ 26,414,028 School Lunch (Fed.) ........................................... ^$ 121,090,490 School Lunch (State)............................................$ 20,939,378 Innovative Programs ...............................................$ 548,000 Supervision and Assessment of Students and Beginning
Teachers and Performance Based Certification ....................$ 5,116,748 Regional Educational Service Areas ................................$ 5,288,671 Georgia Learning Resources System ................................$ 1,249,371 High School Program ............................................$ 13,071,296 High School Program (Salaries: July/August) .......................$ 3,579,853 Special Education/State Institutions ...............................$ 2,603,867 Governor's Scholarship ............................................$ 500,000 Special Projects ...................................................$ 240,000 Job Training and Partnership Act .................................$ 2,860,000 Vocational Research and Curriculum ................................$ 366,540 Adult Education .................................................$ 3,634,434 Salaries and Travel of Public Librarians ............................$ 7,926,960 Public Library Materials ..........................................$ 4,133,430 Talking Book Centers .............................................$ 737,570 Public Library M&O............................................$ 3,204,525

2062

JOURNAL OF THE SENATE

Special Education/Hold Harmless Health Insurance--Non Certificated Personnel Teacher Health Insurance--Retired Teachers ............... Grants to Local School
Systems for Educational Purposes Payment of Federal Funds
to Board of Postsecondary Vocation Education Child Care Lunch Program (Federal) ...................... Local School Construction (Asbestos) Chapter II--Block Grant Flow Through ...................... Utilization Adjustment ..................................... Total Funds Budgeted ..................................... Indirect DOAS Services Funding ............................ State Funds Budgeted......................................

Education Functional Budgets

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 Utilization Adjustment Total

Total Funds

$ 7,298,768

$

823,603

$ 5,394,495

$ 1,944,883

$ 10,627,561

$ 8,970,746

$ 10,060,955

$

194,598

$

160,216

$

473,664

$ 3,983,628

$ 6,386,180

$ 4,809,802

$ 2,204,364,661

$ (298,300)

$ 2,265,195,460

Section 20. 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 ....................................

$ 8,096,048 $ 21,624,000 . . . $ 7,807,000
$ 78,000,000
$ 10,440,540 . $ 14,261,645 . . . $ 3,100,000
$ 8,702,655 . $ (298,300) 2,265,195,460
$ 340,000 1,981,493,852
State Funds 4,551,833 808,603 2,631,945 947,883 9,390,336 5,814,896 9,200,625 194,598
473,664 3,683,198 6,206,465 4,567,487 1,933,320,619 $ (298,300) $ 1,981,493,852
$ 773,361 $ 12,000 . $ 7,500
. $ 22,000 $ 1,000
$ 174,000 $ 101,000 $ 12,000 $ 555,000 $ 65,000 . . $ --0--
$ --0-- i 1,722,861 . . $ --0--

FRIDAY, MARCH 7, 1986

2063

Section 21. Forestry Commission. Budget Unit: Forestry Commission ................. State Operations Budget: Personal Services................................ Regular Operating Expenses...................... Travel ......................................... Motor Vehicle Equipment Purchases .............. Publications and Printing ........................ Equipment Purchases ........................... Computer Charges .............................. Real Estate Rentals ............................. Telecommunications ............................. Per Diem, Fees and Contracts .................... Contractual Research ............................ Payments to the University of Georgia, School of Forestry for Forest Research . Ware County Grant ............................ Wood Energy Program ......................... Capital Outlay ................................. Utilization Adjustment ......................... Total Funds Budgeted.......................... State Funds Budgeted ..........................

Forestry Commission Functional Budgets

Total Funds

Reforestation

3,150,965

Field Services

29,022,581

Wood Energy

68,000

General Administration and Support

1,886,428

Utilization Adjustment

(260,760)

Total

33,867,214

$ 29,320,164
$ 23,154,289 . . $ 5,558,150 . . . $ 134,000 . $ 1,334,000 .... $ 87,000 . . $ 2,182,810 . $ 59,000 ... $ 28,000 . . . $ 572,000 ... $ 171,000 ... $ 250,000
. . . $ 300,000 ... $ 90,000 . . $ 68,000 ... $ 139,725 . . $ (260,760) . $ 33,867,214 $ 29,320,164
State Funds
1,037,915
26,596,581
68,000
1,878,428
(260,760)
29,320,164

Section 22. Georgia Bureau of Investigation. Budget Unit: Georgia Bureau of Investigation .......................$ 28,099,779 Operations Budget: Personal Services. ...............................................$ 19,321,959 Regular Operating Expenses .......................................$ 1,777,730 Travel ........................................................... 9 528,000 Motor Vehicle Equipment Purchases ...............................$ 1,145,550 Publications and Printing ........................................... 9 93,750 Equipment Purchases. .............................................$ 654,830 Computer Charges ...............................................$ 2,593,000 Real Estate Rentals ..............................................$ 1,458,000 Telecommunications ..............................................$ 1,250,800 Per Diem, Fees and Contracts .......................................$ 34,000 Evidence Purchased ...............................................$ 440,000 Utilities ...........................................................$ 93,000 Postage ...........................................................$ 72,510 Capital Outlay .................................................... 9 300,000 Utilization Adjustment ...........................................$ (263,350) Total Funds Budgeted ...........................................$ 29,499,779 Indirect DOAS Funding ..........................................$ 1,400,000 Total State Funds Budgeted .....................................$ 28,099,779

2064

JOURNAL OF THE SENATE

Georgia Bureau of Investigation Functional Budgets

Total Funds

State Funds

Administration

2,595,419

2,595,419

Drug Enforcement Investigative Georgia Crime Information Center

5,862,985 9,474,992 7,230,699

5,862,985 9,474,992 5,830,699

Utilization Adjustment

(219,708)

(219,708)

Total

24,944,387 $ 23,544,387

Forensic Sciences Budget: Personal Services .................................................$ 3,683,034 Regular Operating Expenses ........................................$ 391,000 Travel ................................ . . . .......... . . . . . . .........$ 30,000 Motor Vehicle Equipment Purchases .................................$ 94,000 Publications and Printing ............................................$ 8,000 Equipment Purchases ...... . . ......................... . . ..........$ 135,000 Computer Charges ................................................$ 124,000 Real Estate Rentals .................................................$ --0-- Telecommunications ................................................$ 89,000 Per Diem, Fees and Contracts ........................................$ 5,000 Capital Outlay ......................................................$ --0-- Postage ............................. . . ..... . .... . . .................$ 5,000 Utilities .................. . . . ......................................$ 35,000 Utilization Adjustment ............................................$ (43,642) Total Funds .....................................................$ 4,555,392 State Funds ...................................... ^. ..... ^. ......$ 4,555,392

Section 23. Georgia State Financing and Investment Commission. Budget Unit: Georgia State Financing and Investment Commission ...........................................$ --0-- Departmental Operations Budget: Personal Services..................................................$ 977,300 Regular Operating Expenses .........................................$ 29,275 Travel ............................... . . . ...........................$ 9,000 Motor Vehicle Equipment Purchases ..................................$ --0-- Publications and Printing ............................................$ 1,200 Equipment Purchases. ...............................................$ 2,325 Computer Charges .................................................$ 16,937 Real Estate Rentals ................................................$ 86,130 Telecommunications ................................................$ 11,100 Per Diem, Fees and Contracts ......................................$ 115,000 Total Funds Budgeted ............................................$ 1,248,267 State Funds Budgeted ...............................................$ --0--

Section 24. Office of the Governor. A. Budget Unit: Governor's Office ....................................$ 5,753,247
1. Governor's Office Budget: Cost of Operations ...............................................$ 2,435,967 Mansion Allowance .................................................$ 40,000 Governor's Emergency Fund ......................................$ 2,500,000 Intern Stipends and Travel ........................................$ 150,000 Total Funds Budgeted ............................................$ 5,125,967 State Funds Budgeted ............................................$ 5,125,967

2. Office of Fair Employment Practices Budget: Personal Services............................

$ 523,640

FRIDAY, MARCH 7, 1986

2065

Regular Operating Expenses .........................................$ 10,000 Travel ............................................................$ 11,000 Motor Vehicle Equipment Purchases ..................................$ --0-- Publications and Printing ............................................$ 3,000 Equipment Purchases. .............'.................................$ 10,000 Computer Charges ..................................................$ --0-- Real Estate Rentals ................................................$ 57,000 Telecommunications ................................................$ 11,000 Per Diem, Fees and Contracts .......................................$ 68,000 Utilization Adjustment .............................................$ (6,360) Total Funds Budgeted .............................................$ 687,280 State Funds Budgeted .............................................$ 627,280
Budget Unit Object Classes: Cost of Operations ...............................................$ 2,435,967 Mansion Allowance . ^. ............................ ^. ...... ^ .........$ 40,000 Governor's Emergency Fund ......................................$ 2,500,000 Intern Stipends and Travel ........................................$ 150,000 Personal Services ..................................................$ 523,640 Regular Operating Expenses .........................................$ 10,000 Travel ............................................................$ 11,000 Motor Vehicle Equipment Purchases ..................................$ --0-- Publications and Printing ............................................$ 3,000 Equipment Purchases ...............................................$ 10,000 Computer Charges ..................................................$ --0-- Real Estate Rentals ................................................$ 57,000 Telecommunications ................................................$ 11,000 Per Diem, Fees and Contracts .......................................$ 68,000 Utilization Adjustment .............................................$ (6,360)
B. Budget Unit: Office of Planning and Budget ........................$ 3,890,477 Office of Planning and Budget Budget: Personal Services.................................................$ 3,289,617 Regular Operating Expenses .........................................$ 89,000 Travel ............................................................$ 60,000 Motor Vehicle Equipment Purchases ..................................$ --0-- Publications and Printing ...........................................$ 36,000 Equipment Purchases ...............................................$ 25,000 Computer Charges ................................................$ 183,560 Real Estate Rentals ...............................................$ 197,000 Telecommunications ................................................$ 52,000 Per Diem, Fees and Contracts ....................................... i 95,000 Utilization Adjustment ............................................$ (36,700) Total Funds Budgeted ............................................$ 3,990,477 State Funds Budgeted ............................................$ 3,890,477
C. Budget Unit: Units Attached for Administrative Purposes Only ..................................................$ 5,693,060
Attached Units Budget: Personal Services .................................................$ 3,106,052 Regular Operating Expenses ........................................$ 140,000 Travel ............................................................$ 86,000 Motor Vehicle Equipment Purchases ..................................$ --0-- Publications and Printing ..........................................$ 106,000 Equipment Purchases. ..............................................$ 23,000 Computer Charges .................................................$ 51,000 Real Estate Rentals ...............................................$ 251,000 Telecommunications ...............................................$ 145,000

2066

JOURNAL OF THE SENATE

Per Diem, Fees and Contracts .................................. $ 5,451,000

Art Grants--State Funds ...................................... $ 2,250,029

Art Grants--Federal Funds .................................... . . . $ 376,000

Art Grants--Donations ........................................ . . . . $ 44,000

Humanities Grant--State Funds ................................

$ 50,000

Utilization Adjustment ........................................ . . . $ (39,470)

Total Funds Budgeted ......................................... .$ 12,039,611

State Funds Budgeted ......................................... . $ 5,693,060

Attached Units Functional Budgets

Council for the Arts

Total Funds $ 3,222,289

Office of Consumer Affairs

$ 1,761,929

State Energy Office

$ 6,111,227

Governor's Committee on Post-Secondary Education

161,037

Consumer's Utility Counsel

455,125

Criminal Justice Coordinating Council

367,474

Utilization Adjustment

(39,470)

Total

12,039,611

State Funds

$ 2,692,289

$ 1,761,929

$

294,676

161,037 455,125

367,474 (39,470) 5,693,060

Section 25. 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 26. Department of Human Resources. A. Budget Unit: Departmental Operations. ..........................$ 344,712,594
1. General Administration and Support Budget: Personal Services. ...............................................$ 34,510,583 Regular Operating Expenses .......................................$ 1,275,446 Travel ..........................................................$ 1,111,390 Motor Vehicle Equipment Purchases .................................$ 26,000 Publications and Printing ..........................................$ 141,945 Equipment Purchases. .............................................$ 172,577 Computer Charges ...............................................$ 1,394,000 Real Estate Rentals ..............................................$ 3,740,750 Telecommunications ...............................................$ 705,026 Per Diem, Fees and Contracts ................................... . $ 10,094,620 Utilities ..........................................................$ 185,000 Postage ..........................................................$ 721,046 Capital Outlay .....................................................$ 24,000 Institutional Repairs and Maintenance .............................. $ 132,000 Menninger Group Homes ..........................................$ 402,000 Benefits for Child Care ...........................................I 2,144,317 Contract--Georgia Advocacy Office, Inc. .............................$ 215,000 Utilization Adjustment ...........................................$ (228,869) Total Funds Budgeted ...........................................$ 56,766,831 Indirect DOAS Services Funding ...................................$ 638,300 State Funds Budgeted ...........................................$ 25,821,652

FRIDAY, MARCH 7, 1986

2067

General Administration and Support Functional Budgets

Total Funds

State Funds

Commissioner's Office Administrative Appeals

$

745,499 $

745,499

$ 1,017,125 $ 1,017,125

Administrative Policy, Coordination, and Direction
Personal Support Services Indirect Cost Facilities Management Public Affairs

$

232,110 $

232,110

$ 6,367,551 $ 6,284,950

$ 2,684,885 $ 2,472,285

$

--0-- $ (5,476,184)

$ 4,230,946 $ 3,043,329

$

423,523 $

423,523

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

$

459,934 $

459,934

$ 1,499,559 $ 1,499,559

$ 4,432,992 $ 4,232,992

$ 1,732,942 $ 1,732,942

$

287,000 $

287,000

$

199,098 $

199,098

$ 2,546,317 $ 2,546,317

$

255,145 $

-- 0--

$

120,036 $

$

16,610 $

$ 9,339,258 $

120,036 1,661 -- 0--

$

660,077 $

585,077

$ 1,933,665 $ 1,916,815

$

733,929 $

471,347

Health Care Facilities Regulation
Compliance Monitoring

$ 2,455,353 $

$

328,866 $

792,569 328,866

Radiological Health Fraud and Abuse Child Support Recovery Utilization Adjustment Total

$

742,439 $

558,936

$ 3,978,682 $

278,790

$ 9,572,159 $ 1,295,945

$ (228,869) $ (228,869)

$ 56,766,831 $ 25,821,652

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 ...................

. ..$35,137,287 . . . $ 46,645,610
.......$ 981,720 .........$ --0-- .... $ 302,700 .......$ 336,635
. . . . $ 461,000
...... . $ 674,100 ... $ 565,000

2068

JOURNAL OF THE SENATE

Per Diem, Fees and Contracts Utilities ...................................... Postage ...................................... Crippled Children Clinics ...................... 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 .......................... Utilization Adjustment ........................ Total Funds Budgeted ......................... Indirect DOAS Services Funding ............... State Funds Budgeted .........................

Public Health Functional Budgets

Total Funds

Director's Office

722,493

Employee's Health

358,915

Health Program Management

893,004

Vital Records

1,483,658

Health Services Research

620,498

Primary Health Care

930,456

Stroke and Heart Attack Prevention

1,830,104

Epidemiology

1,560,495

Immunization

455,426

Sexually Transmitted Diseases

1,491,721

Community Tuberculosis Center

1,373,658

Family Health Management

7,758,334

Infant and Child Health

8,372,397

$ 16,294,236 ... $ --0-- $ 86,000 $ 518,000
$ 4,936,795 $ 2,055,000 $ 1,325,000 $ 6,933,116 . $ 505,000 $ 2,388,000
. $ 300,000
$ 5,113,000
. . . $ 42,000
. $ 119,000 . $ 105,000 $ 48,572,275
$ 215,000 $ 115,000 . $ 302,000
. $ 265,000
. . . $ 47,000
. $ 5,000,000 . $ (342,834) 179,997,640 . $ 549,718 102,209,726
State Funds 525,268 323,915 808,004
1,420,658 397,680 930,456
1,300,104 874,289 --0-- 360,459
1,241,790 2,569,780 8,239,324

FRIDAY, MARCH 7, 1986

2069

Maternal Health--Perinatal Family Planning

$

236,303 $

6,464

$ 8,750,203 $ 3,810,203

Malnutrition

$ 51,334,468 $

-- 0--

Dental Health

$ 1,531,280 $ 1,321,105

Children's Medical Services

$ 10,783,888 $ 8,011,273

Chronic Disease

$ 1,382,595 $ 1,382,595

Diabetes

$

525,439 $

525,439

Cancer Control

$ 3,257,946 $ 3,257,946

Environmental Health

$

947,425 $

408,653

Laboratory Services

$ 4,139,871 $ 4,004,871

Emergency Health

$ 2,376,923 $ 1,316,423

Minimum Foundation

$ 8,897,918 $ 8,761,461

Newborn Follow Up Care

$

782,447 $

599,497

Sickle Cell, Vision and Hearing

$ 1,125,191 $ 1,125,191

High-Risk Pregnant Women and Infants

$ 6,865,057 $ 6,865,057

Grant in Aid to Counties

$ 45,333,885 $ 40,080,922

Teenage Pregnancy Prevention

$

265,000 $

265,000

Community Health Management

$ 1,407,194 $

816,977

Community Care

$ 2,546,282 $ 1,001,756

Utilization Adjustment

$ (342,834) $ (342,834)

Total

$ 179,997,640 $ 102,209,726

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 . . Utilization Adjustment ............. Total Funds Budgeted .............. Indirect DOAS Services Funding State Funds Budgeted ..............

........$ 4,877,683 ..........$ 91,000 .........$ 127,000 ...........$ --0--
. . . . $ 39,000 ..........$ 43,000 ........ $ 1,040,000
__0__
.........$ 247,000 .........$ 276,000
Oj __A__
.... $ 1,000 .........$ 100,000 .... $ (60,310)
.... $ 6,781,373 .........$ 779,100 ........$ 5,553,228

Mental Health--Program Direction and Support Functional Budgets

Total Funds

State Funds

Administration

$ 6,797,398 $ 5,864,253

Indirect Cost

$

--0--- $ (295,000)

MH/MR Advisory Council

$

44,285 $

44,285

Utilization Adjustment

$

(60,310) $

(60,310)

2070

JOURNAL OF THE SENATE

Total

$ 6,781,373 $ 5,553,228

4. Youth Services--Program Direction and Support:

Personal Services ......................... .^ .............^ ....--..$ 1,508,948

Regular Operating Expenses ....

$ 23,000

Travel ............................................................$ 31,000

Motor Vehicle Equipment Purchases ..................................$ --0--

Publications and Printing ............................................$ 5,000

Equipment Purchases ...............................................$ 12,000

Computer Charges .................................................$ 62,000

Real Estate Rentals .................................................$ --0--

Telecommunications ................................................$ 38,000

Per Diem, Fees and Contracts ................................. .......$ 4,000

Utilities ............................................................$ --0--

Postage ............................................................$ --0--

Utilization Adjustment ............................................$ (16,260)

Total Funds Budgeted ............................................$ 1,667,688

Indirect DOAS Services Funding .....................................$ --0--

State Funds Budgeted ............................................$ 1,667,688

5. Services to the Aged Budget: Personal Services .................................................$ 2,116,949 Regular Operating Expenses .........................................$ 46,000 Travel ............................................................$ 58,000 Motor Vehicle Equipment Purchases ..................................$ --0-- Publications and Printing ...........................................$ 21,000 Equipment Purchases. ..............................................$ 11,000 Computer Charges .................................................$ 75,000 Real Estate Rentals .................................................$ 4,000 Telecommunications ................................................$ 66,000 Per Diem, Fees and Contracts ....................................$ 24,036,500 Utilities ............................................................$ --0-- Payments to DMA ...............................................$ 6,898,000 Postage ............................................................$ 1,000 Utilization Adjustment ............................................$ (43,870) Total Funds Budgeted ...........................................$ 33,289,579 State Funds Budgeted ...........................................$ 11,475,044

Services to the Aged Functional Budgets

Total Funds

State Funds

Administration and Planning

$ 2,809,349 $ 1,450,742

Aging Services

$ 23,626,100 $ 3,170,172

Alternative Health Services

$ 6,898,000 $ 6,898,000

Utilization Adjustment

$

(43,870) $

(43,870)

Total

$ 33,289,579 $ 11,475,044

6. Rehabilitation Services Budget: Personal Services ................................................$ 25,652,024 Regular Operating Expenses .......................................$ 1,127,000 Travel ...........................................................$ 537,000 Motor Vehicle Equipment Purchases .................................$ 23,000 Publications and Printing ...........................................$ 49,000 Equipment Purchases. .............................................$ 141,000 Computer Charges .........,......................................$ 786,000 Real Estate Rentals ..............................................$ 1,038,000 Telecommunications ...............................................$ 625,000

FRIDAY, MARCH 7, 1986

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......................... Utilization Adjustment ................................... Total Funds Budgeted.................................... Indirect DOAS Services Funding .......................... State Funds Budgeted ...................................

Rehabilitation Services Functional Budgets

Total Funds

Program Direction and Support

2,915,924

Grants Management

584,510

Atlanta Rehabilitation Center

2,419,064

Rehabilitation Center for the Deaf--Cave Spring

496,125

Central Rehabilitation Center

604,152

Georgia Vocational Adjustment Center--Gracewood

440,431

Ireland Rehabilitation Center

407,492

Rome Rehabilitation Center J.F. Kennedy Center Production Workshop District Field Services Independent Living Sheltered Employment Community Facilities Bobby Dodd Workshop Utilization Adjustment Total

220,243 428,303 1,100,980 30,647,174 329,391 1,104,235 4,690,813 394,702 (68,903) $ 46,714,636

7. Roosevelt Warm Springs Rehabilitation Institute: Personal Services............................... Regular Operating Expenses..................... Travel ........................................ Motor Vehicle Equipment Purchases ............. Publications and Printing ....................... Equipment Purchases........................... Computer Charges ............................. Real Estate Rentals ............................ Telecommunications............................ Per Diem, Fees and Contracts ...................
Utilities .......................................

2071
$ 910,000 $ 282,000
. $ 94,000
$ 245,000
. . $ 5,085,515 .... $ 67,000 . . $ 9,816,000 .... $ 50,000 ... $ 110,000 ... $ 146,000 ... $ (68,903) .$46,714,636 .... $ 50,000 .$ 14,595,276
State Funds 1,197,089 473,190 486,360
99,225 120,831
88,086 81,502 44,689 85,660
6,252,707 126,912 522,413
4,690,813 394,702 (68,903)
14,595,276
. $ 10,870,400 . . $ 1,687,000 .... $ 48,000 .... $ 54,000 ....$ 15,000 . . . $ 110,000 .... $ 62,000 . . . $ 11,000 . . . $ 173,000 . . $ 1,452,000 ... $ 578,000

2072

JOURNAL OF THE SENATE

Postage ............................ Case Services ....................... Capital Outlay ...................... Institutional Repairs and Maintenance Utilization Adjustment .............. Total Funds Budgeted ............... Indirect DOAS Services Funding . . . . . State Funds Budgeted ...............

.....$ 14,300 ......$ --0-- ......$ --0--
......$ --0--
$ (40,103) . .$ 15,034,597 .....$ 50,000
$ 4,048,819

Roosevelt Warm Springs Rehabilitation Institute Functional Budgets

Total Funds

State Funds

Administration

$ 5,693,760

2,528,665

Rehabilitation Services

$ 9,380,940

1,560,257

Utilization Adjustment

$

(40,103)

(40,103)

Total

$ 15,034,597

4,048,819

i. Georgia Factory for the Blind Budget: Personal Services...................... Regular Operating Expenses......... Travel ............................... Motor Vehicle Equipment Purchases ... Publications and Printing ......... Equipment Purchases. ................. Computer Charges .................... Real Estate Rentals ................... Telecommunications ................... Per Diem, Fees and Contracts .......... Utilities .............................. Postage .............................. Capital Outlay ........................ Utilization Adjustment ................ Total Funds Budgeted ................. State Funds Budgeted .................

$ 4,682,148 . $ 8,332,000
. $ 17,000 . . . . $ 20,000 .... $ 9,000 .... $ 42,000 . . . . $ 70,000 .....$ --0--
. $ 30,000 .... $ 66,000 ... $ 125,000 .....$ 6,000 ... $ --0--
. . . . $ (5,210) . $ 13,393,938 ... $ 535,996

Georgia Factory for the Blind Functional Budgets

Total Funds

State Funds

Operations

$ 12,857,942

Supervision

$

541,206

541,206

Utilization Adjustment

$

(5,210)

(5,210)

Total

$ 13,393,938

535,996

9. Rehabilitation Services--Disability Adjudication Budget: Personal Services...................................... Regular Operating Expenses............................ Travel ............................................... Motor Vehicle Equipment Purchases .................... Publications and Printing .............................. Equipment Purchases. ................................. Computer Charges .................................... Real Estate Rentals ................................... Telecommunications ................................... Per Diem, Fees and Contracts .......................... Utilities .............................................. Postage .............................................. Case Services .........................................

$ 12,215,508 . . . $ 273,000 .... $ 82,000
. . . . $ 41,000 . . . $ 150,000
. $ 370,000 . . . $ 752,000 . . $ 494,000 . $ 1,441,000
. . . $ 342,000 .$ 11,832,000

FRIDAY, MARCH 7, 1986

2073

Total Funds Budgeted . State Funds Budgeted

10. Family and Children Services Budget: Personal Services ...................... Regular Operating Expenses............ Travel ............................... Motor Vehicle Equipment Purchases Publications and Printing ............... Equipment Purchases .................. Computer Charges ..................... Real Estate Rentals .................... Per Diem, Fees and Contracts ........... Telecommunications .................... Utilities .............................. Postage ............................... AFDC Benefits ................ Grants to County DFACS--Operations . WIN Benefits .......................... Benefits for Child Care ................. SSI--Supplement Benefits .............. Utilization Adjustment ................ Total Funds Budgeted .................. Indirect DOAS Services Funding ....... State Funds Budgeted .................

Family and Children Services Functional Budgets

Total Funds

Refugee Benefits

$ 1,104,936

AFDC Payments

$ 237,079,440

SSI--Supplement Benefits
Energy Benefits
County DFACS OperationsSocial Services
County DFACS Operations-- Homemaker Services
County DFACS OperationsEligibility
County DFACS OperationsJoint and Administration
Food Stamp Issuance
Grants to Fulton County for 24-hour Emergency Services
Director's Office
Administration and Management
District Administration
Program Planning, Development, and Training

$

20,000

$ 16,026,500

$ 39,555,806

$ 5,497,208

$ 59,577,189

$ 37,883,721 $ 2,512,000

$

245,982

$

543,591

$ 5,040,665

$ 3,322,549

7,495,007

Management Information Systems

13,474,195

Child Development Administration

1,037,877

Indirect Cost

.$ 27,992,508 ...... $ --0--

.$ 11,902,095 $ 16,968,000 . . . . $ 390,000
. . . . $ 673,000 $ 132,000
. .$ 11,090,000 ....$ 227,000 . . $ 31,997,000 ... $ 972,000 ......$ 7,000 . ... $ 949,000 .$ 237,079,440 .$ 142,759,906 . . . . $ 886,594
$ 19,745,784 .... $ 20,000 . . . $ (913,294) $ 474,885,525 ... $ 2,339,882 .$ 178,805,165

State Funds

$

--0--

$ 80,488,470

$

20,000

$

-0-

$ 16,316,593

$ 4,915,808

$ 29,658,115

$ 18,741,848

$

-- 0--

$

245,982

$

543,591

$ 3,670,859

$ 3,322,549

3,909,111 5,526,963 $ 1,037,877 $ (7,489,566)

2074

JOURNAL OF THE SENATE

Work Incentive Benefits

$ 4,020,594 $

707,410

Legal Services

$

700,000 $

475,000

Family Foster Care

$ 15,034,474 $ 9,432,180

Institutional Foster Care

$ 2,932,380 $ 2,047,639

Specialized Foster Care

$

337,700 $

100,407

Adoption Supplement

$ 1,109,230 $ 1,054,848

Liability Insurance

$

32,700 $

32,700

Day Care

$ 19,924,430 $ 4,302,278

Psychiatric, Psychological and Speech Therapy

$

130,000 $

128,500

Maternity Care

$

50,000 $

50,000

Return of Runaways--County

7,000 $

7,000

Home Management--Contracts

172,200 $

44,016

Outreach--Contracts

710,030 $

206,866

Special Projects

221,415 $

221,415

Utilization Adjustment

(913,294) $ (913,294)

Total

474,885,525 $ 178,805,165

Budget Unit Object Classes: Personal Services. ..............................................$ 143,473,625 Regular Operating Expenses .....................$ 76,468,056 Travel ..........................................................$ 3,383,110 Motor Vehicle Equipment Purchases ..............$ 123,000 Publications and Printing ......................................$ 1,296,645 Equipment Purchases. ......,.....................................$ 1,150,212 Computer Charges ..............................................$ 15,410,000 Real Estate Rentals ..............................................9 6,446,850 Telecommunications ............................................. .i 3,915,026 Per Diem, Fees and Contracts ...................................$ 86,571,356 Utilities .........................................................$ 1,177,000 Postage .........................................................$ 2,214,346 Capital Outlay ..................................................... ^ 24,000 Grants for Regional Intensive Infant Care ..............$ 4,936,795 Grants for Regional Maternal and Infant Care ........$ 2,055,000 Crippled Children Benefits ........................$ 6,933,116 Crippled Children Clinics .......................................... j 518,000 Kidney Disease Benefits ........................................... ^ 505,000 Cancer Control Benefits ...................................,......$ 2,388,000 Benefits for Medically Indigent High-Risk Pregnant Women and Their Infants .....$ 5,113,000 Family Planning Benefits .......................................... ^ 302,000 Benefits for Midwifery Program .............$ 1,325,000 Grant-In-Aid to Counties ........................................$ 48,572,275 Work Incentive Benefits ...........................................$ 886,594 Benefits for Child Care ..........................................$ 21,890,101 Grants for Nephrology Centers .....................................$ 245,000 Case Services ...................................................$ 21,648,000 E.S.R.P. Case Services ...........,..................................$ 50,000 SSI-Supplement Benefits ..........................................$ 20,000 AFDC Benefits. ................................................$ 237,079,440 Grants to County DFACS--Operations ..............$ 142,759,906

FRIDAY, MARCH 7, 1986

2075

Contract with Vocational

Rehabilitation Community Facilities .............................$ 5,085,515

Contract for the Purchase of

Clotting Factor for the Hemophilia Program ....................... $ 300,000

Contract with the Affirmative Industries

....

$ 110,000

Institutional Repairs and Maintenance ......$ 132,000

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 ..........................................$ 402,000

Contract--Georgia Advocacy Office, Inc. .............................$ 215,000

Grant for Teenage Pregnancy Prevention Program ...

$ 265,000

Contract--Cancer Research at Emory ...............................$ 119,000

Contract--Macon-Bibb County Hospital Authority ..................$ 5,000,000

Contract with RCW Industries, Inc. .................................$ 146,000

Grants to Counties for

Metabolic Disorders Screening and Testing ......................... $ 47,000

Payments to DMA ...............................................$ 6,898,000

Contract with Housing Alternatives .................................$ 100,000

Contract with Auditory Educational Clinic. ..........................$ 105,000

Utilization Adjustment .........................................$ (1,719,653)

B. Budget Unit: State Health Planning and Development ...............$ 715,072 State Health Planning and Development Budget: Personal Services ..................................................$ 785,982 Regular Operating Expenses .........................................$ 32,000 Travel .............................................................$ 6,000 Publications and Printing ............................................$ 3,000 Equipment Purchases ...............................................$ 18,000 Computer Charges ........................... ^. ....................$ 28,000 Real Estate Rentals ...............................................$ 106,000 Telecommunications ................................................$ 27,000 Per Diem, Fees and Contracts ......................................$ 113,000 Postage ...........................................................$ 10,000 Utilization Adjustment .............................................$ (6,910) Total Funds Budgeted ............... ..............................$ 1,122,072 Indirect DOAS Services Funding .....................................$ --0-- State Funds Budgeted .............................................$ 715,072

C. Budget Unit: Community Mental Health/ Mental Retardation Youth Services and Institutions. .............$ 372,110,981
Departmental Operations: Personal Services...............................................$ 287,251,804 Regular Operating Expenses ......................................$ 29,842,926 Travel ...........................................................$ 625,000 Motor Vehicle Equipment Purchases ................................$ 929,000 Publications and Printing ...........................................$ 88,000 Equipment Purchases .............................................$ 2,407,000 Computer Charges ...............................................$ 3,413,000 Real Estate Rentals ...............................................$ 618,000 Telecommunications ..............................................$ 2,538,000 Per Diem, Fees and Contracts ....................................$ 19,967,683 Utilities ........................................................$ 15,915,000 Postage ..........................................................$ 241,000

2076

JOURNAL OF THE SENATE

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 ......................... Community Mental Retardation Staff ......... Community Mental Retardation
Residential Services ....................... Lumpkin Area Individual Living, Inc. ......... Utilization Adjustment ...................... Cost-of-Living Adjustment ................... Total Funds Budgeted ....................... Indirect DOAS Services Funding ............. State Funds Budgeted .......................

Community Mental Health/Mental Retardation, Youth Services and Institutional Functional Budgets

Total Funds

Southwestern State Hospital Georgia Retardation Center

$ 30,189,843 $ 26,468,535

Georgia Mental Health Institute

$ 22,753,872

Georgia Regional Hospital at Augusta

$ 14,155,605

Northwest Regional Hospital at Rome

$ 21,772,722

Georgia Regional Hospital at Atlanta

$ 23,414,883

Central State Hospital

$ 103,624,329

Georgia Regional Hospital at Savannah

$ 14,871,648

Gracewood State School and Hospital

$ 39,008,870

West Central Georgia Regional Hospital

$ 12,342,313

Regional Youth Development Centers

$ 14,297,642

State Youth Development Centers Court Services

$ 19,987,661 $ 7,916,825

Community Treatment Centers Day Centers

$ 2,170,987

$

745,344

Group Homes

$

556,981

.. $ 764,800 . $ 2,415,000 . $ 1,963,440 . $ 2,223,000
.... $ --0-- . .$ 1,053,000
$ 60,605,130 $ 1,917,000 . . .$ 1,607,244 ...$8,354,087
... $ 568,000 ..$67,107,764 ... $ 348,000 .... $ 244,000
. $ 277,000 .... $ 241,421
. . . . $ 71,000 . .$ 1,563,501 ... $ 16,000 . $ 2,977,675
. . $ 15,285,274 .... $ 33,000 . $ (2,626,464) . . $ 15,652,919 .$ 546,498,204 ... $ 1,625,000 $372,110,981

State Funds

$ 19,543,043

$ 13,001,735

$ 20,069,793

$ 12,950,705

$ 16,994,031

$ 18,574,805

$ 72,154,629

$ 13,196,348

$ 20,530,870

$ 10,467,013

$ 14,026,642

$ 19,657,661

$ 7,916,825

$ 2,170,987

$

745,344

$

556,981

FRIDAY, MARCH 7, 1986

2077

Runaway Investigations
Interstate Compact
Purchased Services Assessment and Classification
Outdoor Therapeutic Program
Mental Health Community Assistance
Mental Retardation Community Assistance
Central Pharmacy
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
Utilization Adjustment Cost-of-Living Adjustment
Total

$

430,776

$

93,152

$ 2,590,879

$

331,607

$ 1,679,159

$ 7,159,624

$ 2,694,521

$

140,178

$ 62,522,130 $ 9,961,331

$

568,000

$

348,000

$ 1,053,000

$ 67,107,764

$ 1,563,501

$

244,000

$ 1,505,377

$

241,421

$

277,000

$

315,320

$ 2,977,675

$ 15,285,274

$

33,000

$

71,000

$ (2,626,464)

$ 15,652,919

$ 546,498,204

Section 27. 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. .............. Comouter Charges .................

$

430,776

$

93,152

$ 2,549,879

$

331,607

$ 1,661,159

$ 7,159,624

$ 1,996,521

$

140,178

$ 28,919,130 $ 5,932,704

$

568,000

$

185,000

$ 1,053,000

$ 29,410,216

$ 1,500,501

$

244,000

$

632,377

$

241,421

$

277,000

$

320

$ 2,707,675

$ 10,601,566

$

33,000

$

71,000

$ (2,626,464)

$ 15,440,227

$ 372,110,981

$ 15,176,711
$5,881,816 . $ 906,000
$ 312,000 .....$ --0-- . . . $ 332,000
$ 73,600 . . . $ 148.000

2078

JOURNAL OF THE SENATE

Real Estate Rentals ...............................................$ 461,500 Telecommunications ...............................................$ 163,000 Per Diem, Fees and Contracts ......................................$ 248,000 Postage ..........................................................$ 181,000 Local Welcome Center Contracts ...................................$ 190,000 Advertising ......................................................$ 3,600,000 Georgia Ports Authority--
Authority Lease Rentals ........................................$ 2,735,000 Georgia Ports Authority--
General Obligation Bond Payments .............................$ 23,288,000 Historic Chattahoochee Commission Contract ......................... $ 60,000 Atlanta Council for International Visitors ............................$ 25,000 Waterway Development in Georgia ...................................$ 50,000 Georgia Music Week Promotion .....................................$ 35,000 Georgia World Congress Center Operating Expenses ....................$ --0-- Contract--Georgia Association of Broadcasters ........................ $ 53,000 Southern Center for International Studies ............................ $ 25,000 Capital Outlay ....................................................$ 575,000 Utilization Adjustment ............................................$ (78,500) Total Funds Budgeted ...........................................$ 39,264,416 State Funds Budgeted ...........................................$ 15,176,711

Department of Industry and Trade Functional Budgets

Total Funds

State Funds

Administration

$ 29,201,342 $ 5,113,637

Economic Development

$ 3,931,311 $ 3,931,311

Tourist

$ 6,210,263 $ 6,210,263

Utilization Adjustment

$

(78,500) $

(78,500)

Total

$ 39,264,416 $ 15,176,711

B. Budget Unit: Authorities ............................................$ --0-- Administration Budget: Personal Services................................................$ 32,597,003 Regular Operating Expenses ......................................$ 12,302,025 Travel ...........................................................$ 547,664 Motor Vehicle Equipment Purchases ..................................$ --0-- Publications and Printing ..........................................$ 160,896 Equipment Purchases ..............................................$ 50,000 Computer Charges ................................................$ 608,000 Real Estate Rentals ...............................................$ 134,810 Telecommunications ...............................................$ 442,919 Per Diem, Fees and Contracts .....................................$ 1,755,377 G.O. Bonds and Lease Rentals--G.P.A. ...........................$ 16,415,000 Other Debt Service Payments--G.P.A. .............................$ 1,564,000 Capital Outlay--Internal Operations--G.P.A. .......................$ 5,498,955 Atlanta Convention and Visitors Bureau--G.W.C.C. .................$ 1,945,997 Total Funds Budgeted ...........................................$ 74,022,646 State Funds Budgeted ...............................................$ --0--

Authorities Functional Budgets

Total Funds

State Funds

Georgia World Congress Center

$ 12,259,275 $

--0--

Georgia Ports Authority

$ 61,763,371 $

--0--

Total

$ 74,022,646 $

--0--

FRIDAY, MARCH 7, 1986

2079

Section 28. 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 ............................. Utilization Adjustment ................................... Total Funds Budgeted .................................... State Funds Budgeted ....................................

Department of Insurance Functional Budgets

Total Funds

Internal Administration

1,341,134

Insurance Regulation

2,147,568

Industrial Loans Regulation Information and Enforcement

537,912 1,493,172

Fire Safety and Mobile Home Regulations

4,107,745

Utilization Adjustment

(79,210)

Total

9,548,321

Section 29. 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 Treasury............. Utilization Adjustment .................. Total Funds Budgeted................... State Funds Budgeted ..................

Department of Labor Functional Budgets

Total Funds

Executive Offices

$ 5,736,890

Administrative Services

$ 11,006,370

Unemployment Insurance

$ 7,736,554

. $ 8,417,678
$ 7,883,832 $ 397,200 $ 208,000
. $ 106,000 . $ 135,000 . . . $ 51,635
$ 199,163 . $ 470,000 . $ 143,700 . . $ 33,001 . .$ (79,210) $ 9,548,321 $ 8,417,678

State Funds

$ 1,341,134

$ 2,037,925

$

537,912

$ 1,493,172

$ 3,086,745

$

(79,210)

$ 8,417,678

.....$ 6,461,678
. $ 58,805,331 . . ..$3,091,000 ......$ 968,000
. . .. $ 36,000 . . . $ 301,000 . $ 2,459,000 . . $ 2,255,000 . .$ 1,158,000 .$ 56,388,000 . . $ 1,747,000 . . $ 1,000,000 . . . $ 260,000 . . $ 400,000
. $ (41,653) $ 128,826,678 . . $ 6,461,678

State Funds

$ 1,854,155

$

923,606

$

4,360

2080

JOURNAL OF THE SENATE

Employment Services Field Services Job Training Partnership Utilization Adjustment Total

$ 3,923,772

$ 47,184,658

$ 53,280,087

$

(41,653)

$ 128,826,678

355,801 3,365,409
(41,653) 6,461,678

Section 30. Department of Law. Budget Unit: Department of Law ....................................$ 6,695,626 Attorney General's Office Budget: Personal Services ................................................$ 6,000,619 Regular Operating Expenses ........................................$ 290,100 Travel ....................... . . ........... . . ................... . . $ 127,000 Motor Vehicle Equipment Purchases ..................................$ --0-- Publications and Printing ...........................................$ 38,000 Equipment Purchases . ............................... . . ............$ 28,000 Computer Charges ................................................$ 127,899 Real Estate Rentals ...............................................$ 315,000 Telecommunications ................................................$ 95,000 Per Diem, Fees and Contracts .......................................$ 45,000 Books for State Library. ...........................................$ 110,000 Capital Outlay ......................................................$ --0-- Utilization Adjustment ............................................$ (61,092) Total Funds Budgeted ............................................$ 7,115,526 State Funds Budgeted ............................................$ 6,695,626

Section 31. Department of Medical Assistance. Budget Unit: Medicaid Services ..................,................$ 288,637,724 Departmental Operations Budget: Personal Services. ................................................$ 8,379,845 Regular Operating Expenses ........................................$ 267,000 Travel ...........................................................$ 168,000 Motor Vehicle Equipment Purchases ..................................$ --0-- Publications and Printing ...........................................$ 52,000 Equipment Purchases ..............................................$ 97,062 Computer Charges ...............................................$ 9,102,422 Real Estate Rentals ...............................................$ 798,000 Telecommunications ...............................................$ 383,000 Per Diem, Fees and Contracts ....................................$ 11,058,000 Postage ...........................................................$ 88,000 Medicaid Benefits ..............................................$ 918,965,044 Payments to Counties for Mental Health ..........................$ 13,200,000 Audits Contracts .................................................$ 1,285,000 Utilization Adjustment ............................................$ (73,353) Total Funds Budgeted ..........................................$ 963,770,020 State Funds Budgeted ..........................................$ 288,637,724

Medical Assistance Functional Budgets

Total Funds

State Funds

Commissioner's Office

$

709,381 $

354,859

Program Management

$ 13,978,826 $ 2,208,519

Administration

$ 2,764,773 $

822,678

Operations

$ 11,076,545 $ 2,785,354

Program Integrity

$ 3,148,804 $ 1,357,279

Benefits

$ 932,165,044 $ 281,182,388

FRIDAY, MARCH 7, 1986

2081

Utilization Adjustment Total

$

(73,353)

$ 963,770,020

Section 32. 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 .............................

Merit System Functional Budgets

Total Funds

Applicant Services

$ 1,916,178

Classification and Compensation

861,851

Program Evaluation and Audit

662,905

Employee Training and Development

1,065,352

Health Insurance Administration

7,936,279

Health Insurance Claims

276,025,822

Internal Administration

1,217,180

Commissioner's Office Undistributed

1,134,556 --0--

Total

290,820,123

Section 33. Department of Natural Resources. A. Budget Unit: Department of Natural Resources
Operations Budget: Personal Services ............................ Regular Operating Expenses................... Travel ...................................... Motor Vehicle Equipment Purchases ........... Publications and Printing ..................... Equipment Purchases......................... Computer Charges ........................... Real Estate Rentals .......................... Telecommunications .......................... Per Diem, Fees and Contracts ................. Postage ..................................... Land and Water Conservation Grants .......... Recreation Grants ............................

$

(73,353)

$ 288,637,724

. . .$ 6,547,666
.$5,191,143 .... $ 143,990 .....$ 67,950 ......$ --0-- .... $ 182,250 .... $ 30,805 ...$ 1,612,307
. $ 685,737 .... $ 76,450 . . $ 28,092,631 ... $ 179,240 .$ 254,557,620 .$ 290,820,123 ... $ 6,547,666 $284,234,595 .....$ 37,862
State Funds
--0--

. $ 61,960,483
.$44,231,453 . $ 8,384,200 ... $ 490,500 . $ 1,408,500 . . . $ 552,500 . .$ 1,158,500 . . . $ 410,500 ..$ 1,486,196 . . . $ 832,180 . . $ 1,070,500 . . . $ 357,300 . . $ 3,000,000 . . . $ 568,000

2082

JOURNAL OF THE SENATE

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..................................... Lanier Regional Committee ................................. Contract--Corps of Engineers
(Cold Water Creek St. Park) .............................. Contract--Corps of Engineers
(Tybee Beach Restoration) ................................ 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 ................................. Utilization Adjustment ..................................... Total Funds Budgeted...................................... Receipts from Jekyll Island
State Park Authority ..................................... Receipts from Stone Mountain
Memorial Association ..................................... Indirect DOAS Funding .................................... State Funds Budgeted ......................................

Department of Natural Resources Functional Budgets

Total Funds

Internal Administration

6,976,736

Game and Fish

22,397,612

Parks, Recreation and Historic Sites Environmental Protection

27,389,139 24,231,283

Coastal Resources

1,339,559

Utilization Adjustment

(413,190)

. $ 275,000
. . $ 125,000 .$ 1,462,000 . $ 300,000 . . $ 535,000
$ 915,000 .$ 1,310,000 . $ 513,000 . $ 206,000 . . $ 300,000
. $ 400,000 .$ 1,300,000 ... $ 20,000 . . $ 250,000 . . $ 125,000 . . $ 142,000 . . . $ 10,000 . . . $ 40,000 . . . $ 13,000
$ 188,000
. $ 800,000 . . $ 100,000
. . $ 250,000
. . . $ 200,000
... $ 450,000 $ 8,000,000
. . . $ 150,000 .... $ 5,000 $ (413,190) .$ 81,921,139
... $ 53,750
. $ 315,000 ... $ 200,000 $ 61,960,483
State Funds
6,607,986 19,380,921 14,686,008 20,428,199 1,270,559 (413,190)

FRIDAY, MARCH 7, 1986

2083

Total

$ 81,921,139

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................. Boat Replacement Expense ........ Payments to the Department of Natural Resources ............ Mortgage Payments ............... Total Funds Budgeted ............. State Funds Budgeted .............
Authorities Functional Budgets

Lake Lanier Islands Development Authority
Jekyll Island State Park Authority
Georgia Agricultural Exposition Authority
Stone Mountain Memorial Association
Total

Total Funds

$ 3,640,800 $ 6,277,350

$

250,000

$

450,000

$ 10,618,150

Section 34. Board of Postsecondary Vocational Education. 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 ............................. Teacher's Health Insurance ......................... Quick Start........................................ Teacher's Retirement............................... Capital Outlay .....................................

$ 61,960,483 ... $ --0--
, $ 5,733,850 $ 3,425,200 . . . $ 68,000 . . . $ 39,000 . . $ 104,000 ... $ 44,200 . . . $ 20,000
. $ 13,950 . . $ 119,000 . $ 191,000 . $ 650,000 ... $ --0-- . . $ 156,200
. . . $ 53,750 .... $ --0-- $ 10,618,150
--0--
.$88,084,961
. $ 7,913,492 .$ 1,298,545 . . . $ 94,700 . $ 29,000 ... $ 43,720 . . $ 289,100 .. $ 259,400 . $ 222,450 ... $ 89,150 . . $ 947,000 . $ 928,900 .$ 1,690,000 $ 72,817,983 . $ 2,673,163 . $ 1,852,850 . $ 2,800,000 . $ 6,507,120

2084

JOURNAL OF THE SENATE

Utilization Adjustment ................................. Total Funds Budgeted .................................. State Funds Budgeted ..................................

Board of Post Secondary Functional Budgets

State Operations
North Georgia Vocational--Technical School
South Georgia Vocational--Technical School
Utilization Adjustment
Total

Total Funds
$ 91,907,784

$ 4,761,187

$ 3,787,602

$

(66,273)

$ 100,390,300

Section 35. 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 ................ Utilization Adjustment .................... Total Funds Budgeted..................... Indirect DOAS Service Funding ............ State Funds Budgeted .....................

Public Safety Functional Budgets

Administration Driver Services Field Operations Utilization Adjustment Total

Total Funds $ 7,039,567 $ 14,427,756 $ 42,822,589 $ (615,731) $ 63,674,181

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 ...........................

.... $ (66,273) .$ 100,390,300 . . $ 88,084,961

State Funds $ 81,389,235

$ 3,700,287

$ 3,061,712

$

(66,273)

$ 88,084,961

.$61,978,281
.$46,750,591 . . $ 6,105,800 ... $ 128,000 . . $ 3,676,214 ... $ 680,000 ... $ 596,095 ..$3,116,512 .... $ 13,000 ... $ 774,200 ... $ 182,000 . . $ 1,022,500 ... $ 215,000 . . . $ 180,000 ... $ 850,000 . . $ (615,731) $ 63,674,181 ..$ 1,650,000 . $ 61,978,281

State Funds 7,039,567 12,881,856 42,672,589 (615,731) 61,978,281
. $ 10,103,325
. $ 4,756,405 . $ 1,923,131 . . $ 148,400 . . $ 127,500 ... $ 54,500 . . $ 127,386 . . $ 246,800

FRIDAY, MARCH 7, 1986

2085

Real Estate Rentals .................................. Telecommunications ...................................... Per Diem, Fees and Contracts ............................. Postage ................................................. Peace Officers Training Grants ............................ Highway Safety Grants ................................... Utilization Adjustment ................................... Total Funds Budgeted.................................... State Funds Budgeted ....................................

Attached Units Functional Budgets

Total Funds

Office of Highway Safety

3,930,909

Georgia Peace Officers Standards and Training

3,756,349

Police Academy

1,268,375

Fire Academy

919,849

Georgia Firefighters Standards and Training Council

404,362

Organized Crime Prevention Council

300,264

Georgia Public Safety Training Facility

3,962,690

Utilization Adjustment

(77,818)

Total

14,464,980

Section 36. 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 37. 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 .......... Utilization Adjustment ............... Total Funds Budgeted................ State Funds Budgeted ................

Public Service Commission Functional Budgets

Total Funds

Administration Transportation

$ 1,154,543 $ 2,186,823

... $ 87,000 . . . $ 216,446 . $ 1,022,730 ... $ 37,500
$ 2,295,000 . . $ 3,500,000 ... $ (77,818) $ 14,464,980 $ 10,103,325

State Funds

$

220,454

3,740,149

1,223,375

$

832,849

$

404,362

$

300,264

$ 3,459,690

$

(77,818)

$ 10,103,325

... $ 12,644,084
... $ 194,084 .$ 12,450,000 .$ 12,644,084 .$ 12,644,084

.$ 6,162,801
.$ 4,778,771 . . $ 237,641 . . $ 137,000 . $ 86,000 ... $ 24,000 ... $ 38,450 . . $ 167,157 . . $ 249,000 . . $ 112,000 . $ 855,000 . $ (59,160) .$ 6,625,859 . $ 6,162,801

State Funds $ 1,154,543 $ 1,818,215

2086

JOURNAL OF THE SENATE

Utilities Utilization Adjustment Total

$ 3,343,653 $ 3,249,203

$

(59,160) $

(59,160)

$ 6,625,859 $ 6,162,801

Section 38. Regents, University System of Georgia. A. Budget Unit: Resident Instruction ...............................$ 601,562,013
Resident Instruction Budget: Personal Services: Educ., Gen., and Dept. Svcs. ..................................$ 627,214,960 Sponsored Operations .........................................$ 72,000,000 Operating Expenses: Educ., Gen., and Dept. Svcs. ..................................$ 162,157,208 Sponsored Operations .........................................$ 80,000,000 Office of Minority Business Enterprise ..............................$ 303,513 Special Desegregation Programs ....................................$ 338,052 Authority Lease Rentals .........................................$ 15,589,169 Research Consortium .............................................$ 5,100,000 Eminent Scholars Program .........................................$ 500,000 Total Funds Budgeted ..........................................$ 963,202,902 Departmental Income ............................................$ 23,000,000 Sponsored Income..............................................$ 152,000,000 Other Funds...................................................$ 183,613,589 Indirect DOAS Services Funding ..................................$ 3,027,300 State Funds Budgeted ..........................................$ 601,562,013

B. Budget Unit: Regents Central Office and Other Organized Activities .................................$ 123,093,340
Regents Central Office and Other Organized Activities Budget:
Personal Services: Educ., Gen., and Dept. Svcs. ..................................$ 162,784,899 Sponsored Operations .........................................$ 49,528,203
Operating Expenses: Educ., Gen., and Dept. Svcs. ...................................$ 68,831,395 Sponsored Operations ........................................ .i 22,314,962
Fire Ant and Environmental Toxicology Research ....................$ 257,561 Agricultural Research .............................................$ 1,571,440 Advanced Technology Development Center .........................$ 1,017,243 Capitation Contracts for Family Practice Residency .................$ 2,580,000 Residency Capitation Grants ......................................$ 2,381,730 Student Preceptorships ............................................$ 158,000 Center for Rehabilitation Technology ...............................$ 556,625 SREB Payments .................................................$ 6,481,600 Medical Scholarships ................,.............................$ 611,750 Regents Opportunity Grants .......................................$ 600,000 Regents Scholarships ..............................................$ 200,000 Equipment--Agricultural Experiment Stations ....................... $ 200,000 Rental Payments to Georgia Military College ........................$ 608,124 Total Funds Budgeted ..........................................$ 320,683,532 Departmental Income .............................................$ 1,932,626 Sponsored Income ...............................................$ 71,843,165 Other Funds ...................................................$ 123,258,701 Indirect DOAS Services Funding ...................................$ 555,700 State Funds Budgeted ..........................................$ 123,093,340

FRIDAY, MARCH 7, 1986

2087

Regents Central Office and Other Organized Activities Functional Budgets

Marine Resources Extension Center Skidaway Institute of Oceanography 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

Total Funds $ 1,524,638 $ 3,024,223 $ 1,517,798 $ 82,081,924 $ 3,611,087 $ 45,027,672 $ 43,520,465 $ 113,568,545 $ 2,638,501 $ 2,136,034 $ 5,447,570 $ 1,417,911
$ 2,000,535 $ 13,166,629 $ $ 320,683,532

State Funds 1,000,788 1,306,423 769,450 9,934,160 1,808,387 29,077,027 28,326,098 29,150,861 2,638,501 414,446 5,447,570 --0--
53,000 13,166,629
$ 123,093,340

C. Budget Unit: Georgia Public Telecommunications Commission ......................................................$ 5,866,318
Public Telecommunications Commission Budget: Personal Services: Educ., Gen., and Dept. Svcs. ....................................$ 4,550,890 Operating Expenses: Educ., Gen., and Dept. Svcs. ....................................$ 4,955,354 Total Funds Budgeted ............................................$ 9,506,244 State Funds Budgeted ............................................$ 5,866,318

Section 39. Department of Revenue. Budget Unit: Department of Revenue ...............................9 55,569,000 Operations Budget: Personal Services................................................$ 36,510,238 Regular Operating Expenses .......................................$ 1,131,865 Travel ..........................................................$ 1,374,915 Motor Vehicle Equipment Purchases .................................$ 97,245 Publications and Printing .........................................$ 2,070,145 Equipment Purchases ..............................................$ 371,585 Computer Charges ...............................................$ 7,165,851 Real Estate Rentals ..............................................$ 2,008,340 Telecommunications ............................................... ^ 579,775 Per Diem, Fees and Contracts ......................................$ 205,595 County Tax Officials/Retirement and FICA .........................$ 1,593,000 Grants to Counties/Appraisal Staff ................................$ 1,554,610 Motor Vehicle Tag Purchases .....................................$ 2,584,750 Motor Vehicle Decal Purchases ..................................... 9 441,875 Postage .........................................................$ 2,219,340 Utilization Adjustment ...........................................$ (495,129) Total Funds Budgeted ...........................................$ 59,414,000 Indirect DOAS Services Funding ..................................$ 3,845,000

2088

JOURNAL OF THE SENATE

State Funds Budgeted ....................................

Department of Revenue Functional Budgets

Total Funds

Departmental Administration Internal Administration Electronic Data Processing Field Services Income Tax Motor Vehicle Central Audit Property Tax Sales Tax Utilization Adjustment Total

4,812,267 6,305,083 3,717,910 12,039,600 6,697,287 13,523,514 4,917,577 3,930,553 3,965,338 (495,129) 59,414,000

Section 40. 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 ........................... Utilization Adjustment ............. Total Funds Budgeted .............. State Funds Budgeted ..............
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 Utilization Adjustment Total

Total Funds 2,633,164 4,208,310 1,647,861 1,328,766 1,317,834 754,925 146,468 6,167,134 (164,080) 18,040,382

Occupational Certification Functional Budgets

Board Costs

Accounting Architect

$ 197,605

$

55,960

$ 55,569,000
State Funds
4,812,267 6,205,083 3,717,910 11,949,600 5,297,287 11,468,514 4,917,577 3,930,553 3,765,338 (495,129) 55,569,000
$ 18,040,382 .$ 11,662,576 . . $ 1,507,717 . . $ 226,406
. $ 146,677 . . . $ 392,075 ... $ 180,730 . . . $ 569,700 .$ 1,818,289
$ 297,517 . . . $ 502,518 . . . $ 575,000 . . . $ 325,257 ..$ (164,080) $ 18,040,382 .$ 18,040,382
State Funds 2,633,164 4,208,310 1,647,861 1,328,766 1,317,834 754,925 146,468 6,167,134 (164,080) 18,040,382
Cost of Operations
349,303 122,571

FRIDAY, MARCH 7, 1986

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 Total

$$

736 6,022

$$

9,120 13,040

$

65,960

$

33,660

$$

53,955 12,945

$

54,440

$$

3,451 18,770

$

3,157

$$

4,297 12,129

$

2,399

$ $

30,460 141,670

$$

11,025 62,180

$$

5,387 13,610

$$

8,920 75,363

$

16,350

$

4,105

$

6,319

$

48,420

$

11,720

$

13,191

$$

5,270 3,795

$

5,375

$

13,510

$$

8,305 39,615

$

6,160

$ 1,078,396

B. Budget Unit: Real Estate Commission . . Real Estate Commission Budget: Personal Services ..................... Regular Operating Expenses............ Travel ............................... Motor Vehicle Equipment Purchases Publications and Printing .............. Equipment Purchases. ................. Computer Charges .................... Real Estate Rentals ................... Telecommunications ................... Per Diem, Fees and Contracts .......... Utilization Adjustment ................ Total Funds Budgeted ................. State Funds Budgeted .................

2089
3,066 31,799 134,965 76,790 397,133 653,366 268,581 22,270 287,217 27,041 182,374 16,584 13,022 22,437 16,366 85,482 1,060,965 52,470 748,600 39,668 32,981 16,332 426,254 45,510 13,407 23,625 425,737 274,618 56,724 22,342 17,739 20,648 131,681 30,652 97,115 101,427 6,348,862
.$ 1,184,477
. $ 738,427 . . $ 115,000 ... $ 13,000 ... $ 16,000 ... $ 26,000 . . . . $ 8,000 . . $ 128,500 . . $ 44,000 . . . $ 17,000
. $ 90,000 . . $ (11,450) $ 1,184,477 .$ 1,184,477

2092

JOURNAL OF THE SENATE

Assistance to Counties Administration Undistributed Total General Funds Budget Grants to Municipalities Paving at State and
Local Schools and State Institutions Paving at State Parks
and Historic Sites Air Transportation Inter-Modal Transfer Facilities Harbor Maintenance Facilities Utilization Adjustment Savannah Harbor Widening Project Total

$ 9,317,013

$ 16,937,129

$

-0-

$ 816,492,314

$ 9,317,013

$ 16,337,129

$

--0--

$ 436,000,000

$ 9,317,000 $ 9,317,000
-0--

1,815,094 11,835,470 6,200,000
(20,377) 1,200,000 30,347,187

1,335,094 4,736,628
630,000 (20,377) 1,200,000 17,198,345

Section 45. Department of Veterans Service. Budget Unit: Department of Veterans Service ...,..,................$ 15,909,883 Departmental Operations Budget: Personal Services .................................................$ 3,988,905 Regular Operating Expenses .........................................$ 45,000 Travel ............................................................$ 82,000 Motor Vehicle Equipment Purchases ................................. .^ --0-- Publications and Printing ...........................................$ 22,000 Equipment Purchases. ..............................................$ 97,000 Computer Charges ..................................................$ --0-- Real Estate Rentals ...............................................$ 198,000 Telecommunications ................................................$ 58,000 Per Diem, Fees and Contracts ............,..........................$ 12,000 Capital Outlay ......................................................$ --0-- Postage ...........................................................$ 33,000 Operating Expense/Payments to Central State Hospital .........................,................$ 9,340,413 Operating Expense/Payments to Medical College of Georgia ......................................$ 5,049,258 Regular Operating Expenses for Projects and Insurance .......................................$ 184,000 Utilization Adjustment ............................................$ (43,850) Total Funds Budgeted ...........................................$ 19,065,726 State Funds Budgeted ............................................$ 15,909,883

Veterans Service Functional Budgets

Total Funds

Veterans Assistance

$ 4,452,905

Veterans Home and Nursing Facility--Milledgeville

$ 9,536,413

Veterans Nursing Home--Augusta

$ 5,120,258

Utilization Adjustment

$

(43,850)

Total

$ 19,065,726

State Funds $ 4,230,062

$ 7,719,413

$ 4,004,258

$

(43,850)

$ 15,909,883

FRIDAY, MARCH 7, 1986

2093

Section 46. Workers' Compensation Board. Budget Unit: Workers' Compensation Board ..........................$ 5,950,447 Operations Budget: Personal Services.................................................$ 4,749,627 Regular Operating Expenses ........................................$ 110,000 Travel ............................................................$ 58,000 Motor Vehicle Equipment Purchases ..................................$ --0-- Publications and Printing ...........................................$ 78,000 Equipment Purchases. ..............................................$ 30,000 Computer Charges ................................................$ 200,000 Real Estate Rentals ...............................................$ 528,000 Telecommunications ................................................$ 87,000 Per Diem, Fees and Contracts ......................................$ 123,000 Postage ...........................................................$ 80,000 Utilization Adjustment ............................................$ (58,180) Total Funds Budgeted ............................................$ 5,985,447 State Funds Budgeted ................................... .........$ 5,950,447

Workers' Compensation Board Functional Budgets

Total Funds

State Funds

Administration

$ 5,457,173 $ 5,422,173

Vocational Rehabilitation

$

586,454 $

586,454

Utilization Adjustment

$

(58,180) $

(58,180)

Total

$ 5,985,447 $ 5,950,447

Section 47. State of Georgia General Obligation Debt Sinking Fund.
A. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (Issued) .................................... ^. ,..$ 234,414,490
B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (New) ...........................................$ 21,916,363
Section 48. 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 49. 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 50. 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

2094

JOURNAL OF THE SENATE

designated and committed to permit Judges with fewer than five years of experience to attend the Judicial College.
Section 51. 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 52. 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 53. 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 54. Provisions Relative to Section 13, 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 ....................... ..............................$ 587,773 Data Processing Services ............................................$ 34,615,577 Motor Vehicle Services ...................... . . .......................$ 2,484,106 Communication Services .............................................$ 27,707,069 Printing Services. ....................................,...............$ 5,456,252
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.
Provided that the Georgia Building Authority is authorized to use $270,000 of Judicial Building renovation funds for Capital Outlay and equipment purchases.
Section 55. Provisions Relative to Section 14, Department of Agriculture. From the appropriation in Section 14 (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 14 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 56. Provisions Relative to Section 19, State Board of Education--Department of Education. From the appropriation in Section 19 (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

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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.
None of the State funds appropriated in Section 19 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, 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 those 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.
Provided, that of the above appropriations relative to Regional Educational Service Agencies (RESAs), Funds will be allocated to each RESA for FY86-87 on the basis of oneeighteenth of the total appropriation for each Area Planning and Development area served; provided, however, that each RESA has implemented the State Board of Education's policy concerning the composition of the Board of Control of each RESA and that each RESA has the commitments of each anticipated member system to contribute at least the same equivalent amount during FY86-87 that it contributed during FY85-86.
Provided, that for the above appropriations relative to equalization grants authorized under Code Section 20-2-165, the grants to each system which serves under contract all of the students in one or more grade levels from an adjoining school system shall be the larger of the following two amounts:
a. The equalization grant calculated as prescribed in Code Section 20-2-165 and re duced by the amount of funds transferred under contract between adjoining school systems, as prescribed by Code Section 20-2-163; or
b. The equalization grant calculated as prescribed in Code Section 20-2-165 except that all FTE student counts used in such calculations are reduced by the number of FTE stu dent counts enrolled in the receiving system under the contract with the adjoining system and the resulting amount shall not be reduced pursuant to Code Section 20-2-163.
The formula calculation for Quality Basic Education funding assumes a base unit cost of $1,155.03. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act.
100 percent of the funds earned for special education either under the QBE formula or the hold harmless provision shall be used exclusively for special education programs. If any system receives more funds for special education programs under QBE than they would under APEG calculation of FY 87, those systems would not receive any of the 90 percent hold harmless funds. Subject to approval by the General Assembly, mid-term adjustments in special education shall be made on the basis of data deemed appropriate by the State Board of Education and verified by the Department of Education.
Provided, that of the above appropriation relative to the QBE Staff Development, no funds may be used for the compensation of individuals receiving such staff development.
Section 57. Provisions Relative to Section 20, Employees' Retirement System. The Employees' Retirement System is authorized to increase the employer contribution rate by sixteen one-hundredths of one percent of salaries to fund one and one-half percent cost of living increases on July 1, 1986, and January 1, 1987.
Section 58. Provisions Relative to Section 21, Forestry Commission. From the Appro priation in Section 21 (Forestry Commission), $30,000 of the Ware County Grant is in-

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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 59. Provisions Relative to Section 24, 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 24 (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 60. Provisions Relative to Section 26, Department of Human Resources. From the appropriation in Section 26 (Department of Human Resources), $150,000 is designated and committed to operate a hemophilia program in the metropolitan Atlanta area and to operate a hemophilia program in Augusta; further, $300,000 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; 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.

From the appropriation in Section 26 (Department of Human Resources), $146,000 is designated and committed to operate the RCW Industries, Inc.

From the appropriation in Section 26, 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

FRIDAY, MARCH 7, 1986

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$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 26 (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 26 (Department of Human Resources), not less than $186,000 is committed for funding of the Community Cardiovascular Council Stroke-Screen ing Program.
From the appropriation in Section 26 (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 26 (Department of Human Resources), $42,406 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 tion programs be used in any manner in connection with the statewide alcohol and drug treatment services plan.
From the appropriation in Section 26 (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 26 (Department of Human Resources) relating to Community Mental Retardation Residential Services, the Department is authorized to make

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monthly payments to service providers of no more than $455, 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 26 (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 26 (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 and Gracewood State Hospital are authorized to transfer availa ble surplus funds of no more than $100,000 each to the Department of Offender Rehabilita tion to provide appropriate security coverage for inmate labor at these Hospitals.
Provided, however, the Georgia State Financing and Investment Commission is author ized and directed to utilize up to $462,000 in existing reserves to renovate Building 809 at Northwest Regional Hospital for a 20-bed long-term treatment unit for acute emotionally disturbed adolescents, and for reroofing projects.
Provided, however, the Georgia Building Authority (Hospital) is authorized and di rected to utilize up to $94,000 in existing reserves for reroofing projects at Southwestern and Atlanta Regional Hospitals.
Provided, that any funds appropriated for Mental Health and Mental Retardation ser vices by the Georgia General Assembly shall not be diverted through or managed by any sub-state organizational structure (not including a County Board of Health) but shall be allocated by the Department of Human Resources via direct grant-in-aid to the designated local Board of Health or by a contract with a private board.
Section 61. Provisions Relative to Section 27, Department of Industry and Trade. From the appropriation in Section 27 (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 62. Provisions Relative to Section 29, 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 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 63. Provisions Relative to Section 31, 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.

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Provided, that of the appropriation in Section 31, no funds for the payment of Medicaid Benefits may be expended for the purpose of reimbursing return-on-equity for hospitals.
Section 64. Provisions Relative to Section 32, Merit System of Personnel Administra tion. The Department is authorized to assess no more than $124.79 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 1987 shall not exceed five and seventy-five one hundredths percent (5.75%).
Section 65. Provisions Relative to Section 33, Department of Natural Resources. No land shall be purchased for State park purposes from funds appropriated in Section 33 (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 33.
From the appropriation in Section 33 (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 33, 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.
It is the intent of this General Assembly that no portion of the above appropriation relating to Contract--Corps of Engineers (Tybee Beach Restoration) shall be expended prior to receipt of Federal matching funds.
Section 66. Provisions Relative to Section 17, 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 17 (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.
The Department of Corrections is authorized and directed to use agency funds to purchase and renovate the Labor Department facility in Gainesville, Georgia.
Provided that the Department of Corrections is authorized to use existing funds for projects and maximum amounts shown:
Georgia State Prison renovation--$13,400,000 Dodge Correctional Institution dormitory--$3,200,000 Middle Georgia Correctional Institution cooler and storage facility--$2,080,000
Section 67. Provisions Relative to Section 35, Department of Public Safety. From the appropriation in Section 35 (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 35, the Office of Planning and Budget is authorized and directed to supplant State funds

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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.
The Department of Public Safety is authorized to contract with the Department of Transportation for patrol duty at Department of Transportation construction sites.
Section 68. Provisions Relative to Section 38, 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 38 (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.
Provided, that from the appropriation for the Agricultural Experiment Station, $250,000 is designated and committed for a horticulture specialist in peaches, vegetables, and small fruits and a horticulture specialist in disease control in pecans and peanuts, both at the Tifton Experiment Station.
Provided, that from the appropriation for the Cooperative Extension Service, $300,000 is designated and committed for a vegetable specialist at Statesboro, a weed specialist in row crops at Tifton, a weed specialist in horticulture at Tifton, a soil and fertilizer specialist at Tifton, an animal science specialist at Griffin, and a catfish specialist at Griffin.
Section 69. Provisions Relative to Section 39, Department of Revenue. From the ap propriation in Section 39 (Department of Revenue) relating to motor vehicle tag purchases, $2,584,750 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 70. Provisions Relative to Section 41. From the appropriation in Section 41 relative to Educational Loans, an amount not to exceed $14,000 may be used to

FRIDAY, MARCH 7, 1986

2101

provide stipends for training recruitment, teacher and counselor personnel in health career fields and other fields for which funds are provided herein for the making of cancellable loans to students.
Designated Totals for Guaranteed Educational Loans: (Cancellable Loans)
A) Students in paramedical and other professional and educational fields of study: Not less than $1,435,000
B) Eligible members of the Georgia National Guard: Not to exceed $100,000
C) Teachers seeking special education training: Not to exceed $225,000
D) Students who are to become agricultural 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 41 relative to Tuition Equalization Grants provides for payment of grants of $825 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 71. Provisions Relative to Section 44, 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 44 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.

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Section 72. Provisions Relative to Section 34, Board of Postsecondary Education. None of the State funds appropriated in Section 34 may be used for the purpose of plan ning, designing, constructing, or renovating area vocational-technical schools unless said school agrees to be governed by the State Board of Postsecondary Vocational Education.
Section 73. In addition to all other appropriations for the State fiscal year ending June 30, 1987, there is hereby appropriated $3,228,000 for the purpose of providing funds for the operation of regional farmers' markets in the Department of Agriculture, and there is hereby appropriated $6,535,000 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 ($6,400,000 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 74. 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 75. 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 76. 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 interest in future audits to insure strict compliance with the intent of this General Assembly.
Section 77. 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 78. 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

FRIDAY, MARCH 7, 1986

2103

by Object Class the expenditures of each activity and function contained in this Appropria tions Act.
Section 79. 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 80. No State appropriations authorized under this Act shall be used to con tinue programs currently funded entirely with Federal funds.
Section 81. 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 82. 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 83. 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 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.

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Section 84. 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 expendi tures with the Budget Unit, and shall supersede the object classification shown in the Gov ernor'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 85. The utilization adjustments contained in the agency budgets in this Act shall be applied only to the common object classes, which shall be defined by the Office of Planning and Budget and which shall include the following object classes:
Personal Services Regular Operating Expenses Travel Motor Vehicle Equipment Purchases Publication and Printing Equipment Purchases Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts
Section 86. 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 87. 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 88. Delayed Hiring Factor by Department.
Agency
Legislative Branch Department of Audits Supreme Court Court of Appeals Superior Courts Juvenile Court Institute of Continuing Judicial Education Judicial Council Judicial Qualifications Commission Council of Magistrate Court Judges Council of Probate Court Judges Council of State Court Judges Department of Administrative Services Department of Agriculture Department of Banking and Finance Department of Community Affairs Department of Corrections Department of Defense Department of Education

FRIDAY, MARCH 7, 1986

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Employees' Retirement System Georgia Forestry Commission Georgia Bureau of Investigation Georgia State Financing and Investment Commission Office of the Governor Department of Human Resources "A" Department of Human Resources "B" Department of Human Resources "C" Department of Industry and Trade Department of Insurance Department of Labor Law Department Department of Medical Assistance Merit System Department of Natural Resources Board of Postsecondary Education Department of Public Safety Public Service Commission Board of Regents "C" Department of Revenue Secretary of State State Student Finance Commission Soil and Water Conservation Committee Teachers' Retirement System Department of Transportation Department of Veterans Service Board of Workers' Compensation

$

--0--

$

--0--

$ 29,400

$

--0--

$

--0--

$ 20,923

$

--0--

$

--0--

$

--0--

$

--0--

$

--0--

$

--0--

$

--0--

$

--0--

$

--0--

$

--0--

$ 585,000

$

2,140

$ 18,415

$

--0--

$

2,410

$

--0--

$

--0--

$

--0--

$

--0--

$

--0--

$

--0--

Section 89. Cost-of-Living Increases. This General Assembly has distributed to and included in the agency appropriations listed hereinbefore State Funds in the amount of $142,560,926 for the purposes described herein: 1.) An increase of 4% with a $500 minimum for full-time employees of the Executive, Judicial and Legislative branches of State govern ment, effective July 1, 1986; 2.) For an increase from $16,000 to $16,800 for the T-4 entrance level, with first and second year teachers to be paid as those with two years of experience and with resumption of annual increments after completion of one year experience and per manent certification, effective the following month, effective September 1, 1986; 3.) For school bus drivers and lunchroom workers a 4% increase to be effective July 1, 1986; 4.) For University System employees, a 4% salary increase to be effective September 1, 1986 for academic contracted personnel; 5.) A 4% salary increase, effective July 1, 1986, for nonacademic personnel, and fiscal year contracted personnel of the University System and em ployees of the Athens and Tifton Veterinary Laboratories, the Poultry Veterinary Diagnos tic Laboratories, the Cooperative Extension Service and the Agricultural Experiment Sta tion; and 6.) An increase of 4% for State officials whose salary is set by Act 755 (H.B. 262) of the 1978 Regular Session of the Georgia General Assembly, as amended, as authorized in said act, Code Section 45-7-4.

In addition, this General Assembly has distributed to and included in the agency appro priations listed hereinbefore State Funds in the amount of $4,036,171 for the purpose of upgrading selected classifications as recommended by the State Merit System. All Merit System classes shall be increased by one pay grade effective July 1, 1986, with the provision that all employees will be moved to a new pay grade without increase, except where it is necessary to bring employees to the minimum step of the new pay grade. The mileage reim bursement rate shall be increased from $.20 to $.21 per mile effective July 1, 1986.

Section 90. Provisions Relative to Section 47, 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, $11,000 is specifically appropriated for Georgia Environmental Facilities Authority for the purpose of financing loans to local gov-

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ernments and local governmental entities for water and sewerage systems, through the issu ance of not more than $100,000 in principal amount of General Obligation Debt, this appro priation to take effect when the constitutional amendment proposed by H.R. No. 363 becomes law.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $7,512,500 is specifically appropriated for the purpose of financing the acquisition, construction, development, extension, enlargement and improve ment of land, waters, property, highways, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, of and for the Board of Regents of the University System of Georgia through the issuance of not more than $30,050,000 in principal amount of General Obligation Debt.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $2,860,000 is specifically appropriated for the purpose of financing the replacement of the Talmadge Memorial Bridge of the Department of Trans portation near Savannah, Georgia, (by means of demolition, acquisition, construction, devel opment, extension, enlargement and improvement of land, waters, property, highways, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith), through the issuance of not more than $26,000,000 in principal amount of General Obligation Debt.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $1,648,900 is specifically appropriated for the purpose of financing the acquisition, construction, development, extension, enlargement and improve ment of land, waters, property, highways, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, of and for the Depart ment of Natural Resources, for the project provided for in the "Georgia Agricultural Exposi tion Authority Act" and pursuant to O.C.G.A. Section 12-3-484, through the issuance of not more than $14,990,000 in principal amount of General Obligation Debt.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $2,832,500 is specifically appropriated for the purpose of financing the acquisition, construction, development, extension, enlargement and improve ment of land, waters, property, highways, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, of and for the Depart ment of Natural Resources for the "Lake Lanier Islands project" provided for at O.C.G.A. Section 12-3-4, through the issuance of not more than $25,750,000 in principal amount of General Obligation Debt.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $880,000 is specifically appropriated for the purpose of fi nancing the acquisition, construction, development, extension, enlargement and improve ment of land, waters, property, highways, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, of and for the Georgia Public Safety Training Center established, operated and maintained by the Board of Public Safety in Monroe County, Georgia, through the issuance of not more than $8,000,000 in principal amount of General Obligation Debt.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $302,250 is specifically appropriated for the purpose of fi nancing the acquisition, construction, development, extension, enlargement and improve ment of area postsecondary vocational technical schools including land, waters, property, highways, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, to be allocated as determined by the State Board of Edu cation (after July 1, 1986, the State Board of Postsecondary Education), through the issu ance of not more than $1,210,000 in principal amount of General Obligation Debt.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $165,000 is specifically appropriated for the purpose of fi nancing the acquisition, construction, development, extension, enlargement and improve-

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ment of land, waters, property, highways, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, of and for the Georgia Building Authority (Markets) at the Atlanta Farmers Market through the issuance of not more than $1,500,000 in principal amount of General Obligation Debt.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $513,150 is specifically appropriated for the purpose of fi nancing a grade separation and grade crossing construction program of the Department of Transportation by means of acquisition, construction, development, extension, enlargement and improvement of land, waters, property, highways, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,665,000 in principal amount of General Obligation Debt.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $1,900,000 is specifically appropriated for the purpose of financing the purchase and installation of computer and related equipment for the Georgia Bureau of Investigation for the Georgia Crime Information Center (by means of acquisition, construction, development, extension, enlargement and improvement of land, waters, prop erty, highways, buildings, structures, equipment and facilities, both real and personal, neces sary or useful in connection therewith, of and for the Bureau, through the issuance of not more than $7,600,000 in principal amount of General Obligation Debt.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $125,000 is specifically appropriated for the purpose of fi nancing a program of the Department of Transportation for maintaining roads within and leading to state parks, by means of the acquisition, construction, development, extension, enlargement and improvement of land, waters, property, highways, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection there with, through the issuance of not more than $500,000 in principal amount of General Obli gation Debt.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $187,500 is specifically appropriated for the purpose of fi nancing a program of the Department of Transportation for streets, driveways and parking areas located upon the property of and serving local schools by means of the acquisition, construction, development, extension, enlargement and improvement of land, waters, prop erty, highways, buildings, structures, equipment and facilities, both real and personal, neces sary or useful in connection therewith, through the issuance of not more than $750,000 in principal amount of General Obligation Debt.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $278,563 is specifically appropriated for the purpose of fi nancing the acquisition, construction, development, extension, enlargement and improve ment of land, property, school buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, of and for the educational television program of the State Board of Education, through the issuance of not more than $1,115,000 in principal amount of General Obligation Debt.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $2,700,000 is specifically appropriated for the purpose of financing a program of major repairs and renovations, including the acquisition, construc tion, development, extension, enlargement and improvement of land, waters, property, high ways, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, of and for the Board of Regents of the University System of Georgia through the issuance of not more than $10,800,000 in principal amount of General Obligation Debt.
Section 91. Employee Termination Fund ..............................$ 1,050,547 For transfer to the agencies of the Executive Branch of State Government by the Office of Planning and Budget for the payment of accrued annual leave and accrued compensatory

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time, together with payroll taxes and other assessments thereon, and for payments to the Employees Retirement System as employer contributions associated with accrued sick and annual leave for which employees are receiving retirement credit; provided that no funds whatsoever shall be transferred to any activity in the Motor Fuel Tax Budget of the Depart ment of Transportation, nor to any budget unit of the University System or the Board of Regents, except the Georgia Public Telecommunications Commission.
Section 92. Provisions Relative to Section 23, Georgia State Financing and Investment Commission. It is the intent of this General Assembly that the Georgia State Financing and Investment Commission be authorized to use up to $400,000 in agency funds for the design of a textile and carpet exposition in Dalton, Georgia.
Section 93. TOTAL STATE FUND APPROPRIATIONS State F.Y. 1987 ................................................$ 5,316,000,000
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.
Senator Starr of the 44th moved that the Senate adopt the Conference Committee re port on HB 1300.
On the motion, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Bryant Burton 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 Brannon and Cobb.

On the motion, the yeas were 54, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1300.

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The following resolutions of the Senate were read and adopted:
SR 530. By Senator Horton of the 17th: A resolution commending Miss Amy Horton.
SR 531. By Senator Horton of the 17th: A resolution commending Miss Leigh Horton.
SR 532. By Senators Barnes of the 33rd, Harrison of the 37th, Tolleson of the 32nd and Kennedy of the 4th: A resolution congratulating and commending the Lockheed-Georgia Company.
SR 533. By Senator Starr of the 44th: A resolution commending Anne T. Plant.
SR 534. By Senators Howard of the 42nd and Coverdell of the 40th: A resolution commending Mr. George E. Goodwin, Jr., on the occasion of his retirement.
SR 535. By Senator Starr of the 44th: A resolution commending Judy Taylor, Gail Buckner, and Dawn Perry.
SR 536. By Senator Starr of the 44th: A resolution commending Jill Lucas.
SR 537. By Senators Bond of the 39th, Scott of the 36th, Walker of the 43rd and others: A resolution commending Dr. William Holmes Borders.
SR 538. By Senators Kennedy of the 4th, Gillis of the 20th, English of the 21st and Allgood of the 22nd: A resolution commending Mr. Wilton Hill.
The President announced that the Senate would stand in recess from 1:10 o'clock P.M. until 2:00 o'clock P.M.
At 2:00 o'clock P.M., the President called the Senate to order.
The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:
HB 1185. By Representatives Robinson of the 96th, Ware of the 77th, Wood of the 9th, Walker of the 115th and Buck of the 95th: A bill to amend Code Section 9-11-41 of the Official Code of Georgia Annotated, relating to the dismissal and recommencement of civil actions, so as to provide that a plaintiff may dismiss an action without order or permission of court at any time before the trial of the case commences; to provide that after commencement of a trial permission and an order of the court must be obtained before dismissal. Senate Sponsor: Senator Howard of the 42nd.
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 Barnes Bond Broun of 46th Brown of 47th Burton Cobb Coleman Dawkins Deal

English Foster Garner Gillis Hine Holloway Howard Huggins Kennedy Land McGill

McKenzie Peevy Phillips Reddish Scott of 2nd Starr Stumbaugh Trulock Turner Tysinger

Those not voting were Senators:

Baldwin Barker Bowen Brannon Brantley Bryant Coverdell Dean

Engram Fincher Greene Harris Harrison Horton Hudgins Kidd

Langford Perry Ray Scott of 36th Tate Timmons Tolleson Walker

On the passage of the bill, the yeas were 32, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following bills 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".

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.

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.
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.
The House has adopted the report of the 2nd Committee of Conference on the follow ing bill of the House:
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.
The House has adopted the report of the Committee of Conference on the following bill of the House:
HB 1300. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th, Smyre of the 92nd and Benefield of the 72nd:
A bill to make and provide appropriations for the fiscal year beginning July 1, 1986, and ending June 30, 1987.
The following bills of the Senate were taken up for the purpose of considering the House substitutes or amendments thereto:
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.
The House substitute to SB 322 was as follows:
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 provide that any fireman employed by the State of Georgia who is in jured in the line of duty shall be entitled to his regular compensation for the period of time that any such fireman is physically unable to perform the duties of his employment; to define certain terms; to provide certain limitations; to provide procedures; to provide for a reduction in benefits provided by this Act when the injured employee, fireman, or law en-

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forcement 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:
(1) 'Law enforcement officer' means any agent or officer employed by the State of Geor gia 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 employees 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.
(2) 'Fireman' means any person who is employed as a professional firefighter on a fulltime basis of at least 40 hours per week by a state government fire department who has the responsibility of preventing and suppressing fires, protecting life and property, and enforc ing state fire prevention codes, as well as enforcing any law pertaining to the prevention and control of fires.
(b) (1) 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.
(2) Any fireman who, on or after July 1, 1986, is injured in the line of duty shall be entitled to receive compensation as provided in this Code section.
(c) An employee of the Department of Corrections, employee of the State Board of Pardons and Paroles, fireman, or law enforcement officer injured in the line of duty as pro vided in subsection (b) of this Code section shall continue to receive his regular compensa tion 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 sec tion shall not be granted for injuries resulting from a single incident for more than a total of 180 working days. An employee, fireman, or officer shall be required to submit to his depart ment 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, fireman, 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, fireman's, or officer's regular compensation.
(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.

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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.

Senator Kennedy of the 4th moved that the Senate agree to the House substitute to SB 322.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Barnes Bond , Brantley Broun of 46th Brown of 47th Burton
Cobb
Dawkins
Deal

English Garner Gillis Mine Holloway Howard Huggins Kennedy
Land
McGill
McKenzie

Peevy Phillips Ray Scott of 2nd gcott of 36th c &tarr . Stumbaugh
Trulock
Turner
Tysinger

Those not voting were Senators:

Baldwin Barker Bowen Brannon Bryant Coleman Coverdell Dean

Engram Fincher Foster Greene Harris Harrison Horton Hudgins

Kidd Langford Perry Reddish Tate Timmons Tolleson Walker

On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 322.

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 House substitute to SB 482 was as follows:

A BILL
To be entitled an Act 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; to require drug wholesalers, distributors, and suppliers to submit monthly re ports to the State Board of Pharmacy accounting for all transactions involving certain con trolled substances; to require drug wholesalers, distributors, and suppliers to submit peri odic reports relative to excessive purchases of controlled substances; to provide for rules and

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regulations; to provide an exception; to provide penalties for persons, firms, or corporations in violation of certain registration or reporting requirements; to prohibit practitioners from purchasing controlled substances or dangerous drugs from certain persons, firms, or corpora tions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmaceutics and the State Board of Pharmacy, is amended by striking Code Section 26-4-120 in its entirety and inserting in lieu thereof a new Code Section 26-4-120 to read as follows:
"26-4-120. (a) All persons, firms, or corporations, whether located in state or out of state, engaged in the business of selling or distributing drugs at wholesale within this state, or in the business of supplying drugs to manufacturers, compounders, and processors within this state, shall annually register with the board as a drug wholesaler, distributor, or sup plier. The application for registration shall be made on a form to be prescribed and fur nished by said board and shall show each place of business of the applicant for registration, together with such other information as may be required by the board. The application shall be accompanied by a fee in an amount established by the board for each place of business registered by the applicant. Such registration shall not be transferable and shall expire on the expiration date established by the joint-secretary. Registration shall be renewed pursu ant to the rules and regulations of the board and a renewal fee prescribed by the board shall be required. If not renewed, the registration shall lapse and become null and void. Regis trants shall be subject to such rules and regulations with respect to sanitation or equipment as the board may, from time to time, adopt for the protection of the public health and safety. Such registration may be suspended or revoked or the registrant reprimanded by the board, if the registrant fails to comply with any law of this state, the United States, or any other state having to do with the control of pharmacists, pharmacies, or drugs; if the regis trant fails to comply with any rule or regulation promulgated by the board; or if any regis tration or license issued to the registrant under the federal act is suspended or revoked.
(b)(l) Every drug wholesaler, distributor, or supplier registered as provided in subsec tion (a) of this Code section shall be required to submit a monthly report as prescribed by the board accounting for all transactions involving controlled substances listed in Schedule II as defined in Code Section 16-13-26; provided, however, that the submission of a copy of the report relative to such transactions required by the federal Drug Enforcement Agency shall be sufficient. The reports shall be submitted to the State Board of Pharmacy.
(2) Every drug wholesaler, distributor, or supplier registered as provided in subsection (a) of this Code section or as provided in Chapter 13 of Title 16 which is required to submit reports of excessive purchases of controlled substances with the federal Drug Enforcement Agency pursuant to 21 C.F.R. Sec. 1301.74 (effective April 1, 1985) shall be required to submit a copy of each such report to the board.
(3) The board shall be authorized to promulgate rules and regulations to facilitate com pliance with this subsection.
(c) The provisions of subsection (b) of this Code section shall not apply to any whole saler, manufacturer, distributor, or supplier who only ships controlled substances directly to a licensed wholesaler within this state.
(d)(l) Any person, firm, or corporation which violates any provision of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than five years or by a fine not to exceed $25,000.00, or both.
(2) Any practitioner who knowingly purchases any controlled substance or dangerous drug as such terms are defined in Chapter 13 of Title 16 from a person, firm, or corporation which is not registered as required in subsection (a) of this Code section or as required in Chapter 13 of Title 16 shall be guilty of a felony and, upon conviction thereof, shall be

FRIDAY, MARCH 7, 1986

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punished by imprisonment for not less than one year nor more than three years or by a fine not to exceed $10,000.00, or both."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Cobb of the 28th moved that the Senate agree to the House substitute to SB 482.

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
j?ond Broun of 46th

English Engram Foster Garner
Gillis H"TM

Brown of 47th Burton Cobb Coleman Deal Dean

Hlnf Holloway Huggins Kennedy Land McGill

McKenzie Phillips Ray Reddish
Scott of 2nd Scott of 36th
Starr u Stumbaugh Tolleson Trulock Turner Tysinger

Those not voting were Senators:

Barker Bowen
Coverdell Dawkins Fincher

Greene Harris Hrtn Howard Hudgins Kidd

Langford Peevy Perry Tate Timmons Walker

On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 482.

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.

The House amendments were as follows:
Amendment No. 1:
Amend SB 553 by striking line 8 of Page 1 and inserting in lieu thereof the following:
"of Insurance; to authorize the Commissioner of Insurance to order the refund of por tions of premiums received from policyholders as the result of a violation of Chapter 9 of Title 33; to provide an effective date; to repeal".
By adding between lines 19 and 20 of Page 2, a new Section 3 to read as follows:
"Section 3. Said chapter is further amended by striking paragraph (1) of Code Section

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33-9-29, relating to the issuance of remedial orders by the Commissioner of Insurance gener ally, in its entirety and inserting in lieu thereof a new paragraph (1) to read as follows:
'(1) That any rate, rating plan, or rating system violates the applicable provisions of this chapter, he may issue an order to the insurer or rating organization which has been the subject of the hearing specifying in what respects the violation exists and stating when, within a reasonable period of time, the further use of the rate or rating system by the in surer or rating organization in contracts of insurance made thereafter shall be prohibited and may further order that the portion of premiums received from current policyholders as a result of such violation shall be refunded to the policyholders;'".
By renumbering Sections 3 and 4 as Sections 4 and 5, respectively.
Amendment No 2:
Amend Amendment No. 1 to SB 553 by striking from line 28 of Page 1 the following:
"such violation"
and inserting in lieu thereof the following:
"the most recent rate increase at the time the notice of such hearing is issued".
Senator Stumbaugh of the 55th moved that the Senate agree to the House amendments to SB 553.

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 Brantley Broun of 46th Brown of 47th Burton Dawkins Deal Dean English

Engrain Foster Gillis Greene Hine Holloway Horton Huggins Kennedy Kidd Land McGill McKenzie

Peevy Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Barker Bowen Brannon Bryant
Cobb Coleman

Coverdell Fincher Garner Harris
Harrison Howard

Hudgins Langford p rerry
Tate Timmons

On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate agreed to the House amendments to SB 553.

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

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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 House substitute to SB 440 was as follows:
A BILL
To be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, so as to 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 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 self-insurance programs by the Commissioner of Insurance; to provide for certificates of au thority and applications for certificates of authority; to provide minimum surplus require ments; to provide limitations on investments; to provide for joint and several liability in self-insurance programs; to provide requirements for administrators and contracts with ad ministrators; to provide for revocation or suspension of certificates of authority; to provide for hearings; to provide for special assessments; to provide exemptions from taxation; to provide for audits and periodic examinations; to provide for construction; to provide for all 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 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
20-2-2001. As used in this article, the term:
(1) 'Administrator' means any person who administers a group self-insurance fund other than the interlocal risk management agency.
(2) 'Board of education' or 'board' means a public board of education of any county or of any independent school system of this state.
(3) 'Commissioner' means the Commissioner of Insurance.
(4) '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.
(5) 'Interlocal risk management agency' or 'agency' means an association formed by boards of education by the execution of an intergovernmental contract for the development and administration of an interlocal risk management program and one or more group selfinsurance funds.
(6) '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.
(7) '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.

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(8) '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 of education or school system.
(9) '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.
(10) 'School system' means any county school system or any independent school system of any municipality of this state.
20-2-2002. (a) A group of boards of education may execute an intergovernmental con tract 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 educa tion 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;
(3) Pool its property damage risks in whole or in part with those of other boards of education; or
(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 or policies with the total premium apportioned among such participants.
(b) There shall be only one interlocal risk management agency established for boards of education; provided, however, if the Commissioner determines that there are special or unique circumstances or special needs of groups of boards of education which justify the establishment of an additional interlocal risk management agency or agencies, he may au thorize the establishment of such additional agency or agencies. Each agency may establish such group self-insurance funds as may be authorized by the Commissioner of Insurance.
(c) All arrangements and agreements made under the authority of this article 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 inter governmental contract 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 of any fund estab lished by the agency, including 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 the 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 article is not an insurance company or an insurer under Title 33, and the development and administra tion by such agency of one or more group self-insurance funds shall not constitute doing business as an insurer.
20-2-2005. (a) No interlocal risk management agency shall establish a group self-insur-

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ance fund or funds until such agency has been issued a certificate of authority by the Com missioner of Insurance as provided in this Code section and under such rules and regula tions as the Commissioner may promulgate to assure compliance with this article.
(b) The Commissioner shall not be authorized to issue any certificate of authority pur suant to this Code section prior to April 30, 1987. Any application for a certificate of author ity pursuant to this Code section which is filed prior to March 1, 1987, shall be updated by the applicant in order to comply with any statute, rule, or regulation which may be promul gated or enacted prior to the issuance of the certificate of authority.
(c) When applying for a certificate of authority, an interlocal risk management agency shall file with the Commissioner an application setting forth:
(1) The name of the agency;
(2) The location of the agency's principal office;
(3) The names and addresses of the members of the agency;
(4) The names and addresses of the members of each fund;
(5) The name and address of a Georgia resident designated and appointed as each fund's proposed registered agent for service of process in this state;
(6) The names and addresses of the members of the board of trustees of the agency;
(7) A copy of the bylaws of the agency;
(8) A copy of the intergovernmental contract establishing the agency;
(9) A copy of the agreement or agreements establishing each fund;
(10) A copy of any agreements between the agency, any fund of the agency, and any administrator of a fund;
(11) A statement of the financial condition of the agency and each fund of the agency listing all of their assets and liabilities as of the end of the last preceding month prior to the date of the application on such a form as may be prescribed by the Commissioner;
(12) A copy of each contract, endorsement, and application form proposed to be issued or used in connection with each fund. Such contracts, endorsements, applications, or revi sions thereto shall be filed with and approved by the Commissioner prior to their use; and
(13) A copy of the rates, rating systems, and rates proposed to be used in connection with each fund. Such rates, rating systems, rules, and any revision thereto shall be filed with and approved by the Commissioner prior to their use.
(d) A fund authorized by this article may be established by an agency only if the agency has enrolled members which:
(1) For each motor vehicle liability and public liability fund shall generate an annual gross premium of not less than $300,000.00;
(2) For each property damage fund shall generate an annual gross premium of not less than $200,000.00;
(3) For each fund which includes motor vehicle liability or public liability with property damage shall generate an annual gross premium of not less than $500,000.00; or
(4) For each fund which includes motor vehicle liability, public liability, and property damage shall generate an annual gross premium of not less than $800,000.00.
20-2-2006. (a) The Commissioner shall examine the application made under Code Sec tion 20-2-2005 to determine whether the agency and any established fund will be able to comply with this article and applicable rules and regulations. If the Commissioner finds that the agency and any established fund are capable of complying with such requirements, he shall issue a certificate of authority to the agency.
(b) If the Commissioner refuses to issue a certificate of authority, he shall issue an order

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setting forth the reasons for refusal and forward it to the agency. A copy of the order shall be sent to each member of the fund.
(c) Except as otherwise provided in subsection (b) of Code Section 20-2-2005, the Com missioner shall approve or disapprove the application for a certificate of authority within 60 days of receipt by him of the application and all of the supporting information requested.
(d) The Commissioner may refuse to issue or renew or may suspend or revoke the cer tificate of authority of any agency, in accordance with Code Section 20-2-2012, for failure of the agency to comply with any provision of this article or with any of the rules, regulations, or orders of the Commissioner issued pursuant thereto.
(e) The certificate shall be renewed annually in accordance with rules and regulations promulgated by the Commissioner.
20-2-2007. Each fund formed pursuant to this article shall possess and thereafter main tain minimum surplus in an amount such as the Commissioner may reasonably establish or subsequently require for the protection of the members. The Commissioner may authorize a fund to maintain a deposit consisting of securities eligible for deposit by domestic insurance companies in accordance with Chapter 12 of Title 33 or, for a period not to exceed 60 months, to post a surety bond in lieu of maintaining the minimum surplus required by this Code section.
20-2-2008. The investable assets of a fund may be invested in securities or other invest ments permitted by the laws of this state for the investment of assets constituting the legal reserves of property and casualty insurance companies or in such other securities or invest ments as the Commissioner may permit such insurers to invest their funds under Title 33. Such investments shall be subject to the same terms, conditions, and limitations which ap ply to property and casualty insurance companies under Title 33.
20-2-2009. Each board of education shall be jointly and severally liable for all legal obligations of a fund which arise out of an event which occurred while such board was a member of such fund; provided, however, that a fund shall not assume a risk greater than an amount to be determined by the Commissioner; and provided, further, that this legal obligation may be enforced by an assessment against such member as provided in the by laws of the agency.
20-2-2010. (a) If an agency contracts with an administrator, the agency and the admin istrator must enter into a written agreement which shall be subject to review and approval by the Commissioner in accordance with this Code section and which shall contain at least the following:
(1) A contractual provision obligating the administrator to obtain and maintain such bonds, deposits, or insurance coverage as may be required to be maintained by this article; and
(2) A requirement that errors and omissions coverage or other appropriate liability in surance in an amount which is not less than that specified by the rules and regulations of the Commissioner be maintained at all times by the administrator.
(b) The terms of any such agreement shall be reasonable and equitable, and the agree ment and any amendments thereto shall be filed with the Commissioner at least 30 days prior to their use. Any such agreement and any and all amendments thereto which have not been specifically disapproved by the Commissioner within 30 days after the filing thereof shall be deemed to be approved.
(c) A copy of the agreement and any and all amendments thereto shall be furnished to each agency or fund member upon request.
20-2-2011. (a) The Commissioner shall require each administrator to have and maintain a fidelity bond in an amount which the Commissioner deems appropriate but which is not less than $100,000.00.
(b) Errors and omissions coverage or other appropriate liability insurance in an amount

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which is not less than that specified by the rules and regulations of the Commissioner shall be maintained at all times by an administrator of a fund; and a certificate by the insurer or other appropriate evidence of such coverage shall be filed with the Commissioner by the fund.
(c) Each administrator shall maintain an office in this state for the payment, processing, and adjustment of the claims of the fund or funds which it represents.
20-2-2012. (a) The Commissioner may revoke, suspend, or refuse to issue or renew the certificate of authority of any agency when and if, after investigation, he finds that:
(1) Any certificate of authority issued to the agency was obtained by fraud:
(2) There was any material misrepresentation in the application for the certificate of authority;
(3) The agency, any fund established by the agency, the administrator of a fund, or any marketing representative has otherwise shown itself to be untrustworthy or incompetent;
(4) The agency, any fund established by the agency, the administrator of a fund, or any marketing representative has violated any of the provisions of this article or the rules and regulations of the Commissioner promulgated pursuant to this article;
(5) The agency, any fund established by the agency, or the administrator of a fund has misappropriated, converted, illegally withheld, or refused to pay over upon proper demand any moneys which belong to a member or a person otherwise entitled thereto and which have been entrusted to the agency, fund, or administrator in its fiduciary capacities; or
(6) The agency or any fund established by the agency is found to be in an unsound condition or in such condition as to render its future transaction of business in this state hazardous to its members.
(b) Before the Commissioner shall revoke, suspend, or refuse to issue or renew the cer tificate of authority of any agency, he shall give the agency an opportunity to be fully heard and to introduce evidence in its behalf. In lieu of revoking, suspending, or refusing to issue or renew the certificate of authority of any agency for any of the causes enumerated in this Code section, after hearing as provided in this Code section, the Commissioner may place the fund and its administrator on probation for a period of time not to exceed one year when, in his judgment, he finds that the public interest and the interests of the fund's mem bers would not be harmed by the continued operation of the fund. At any hearing provided for by this Code section, the Commissioner or his designee shall have authority to adminis ter oaths to witnesses. Any witness testifying falsely after taking an oath commits the offense of perjury.
(c) No fund shall be voluntarily dissolved or otherwise voluntarily cease to function unless:
(1) Written approval is first obtained from the Commissioner; and
(2) The Commissioner determines that all claims and other legal obligations of the fund have been paid or that adequate provisions for such payment have been made.
20-2-2013. Interlocal risk management agencies and funds established by such agencies shall be exempt from state and local taxes and fees.
20-2-2014. The Commissioner shall have the authority to require and conduct periodic examinations to verify the solvency of funds in the same manner and under the same condi tions as insurers are examined under Chapter 2 of Title 33.
20-2-2015. (a) If the assets of a fund are at any time insufficient to enable a fund to discharge its legal liabilities and other obligations and to maintain the reserves and surplus required of it under this article, the agency shall forthwith make up the deficiency or levy an assessment upon the members of the fund for the amount needed to make up the deficiency.
(b) If the agency fails to make up the deficiency or to make the required assessment of

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the fund members within 30 days after the Commissioner orders it to do so or if the defi ciency is not fully made up within 60 days after the date on which any such assessment is made or within such longer period of time as may be specified by the Commissioner, the fund shall be deemed to be insolvent and shall be proceeded against in the same manner as are domestic insurers under Chapter 37 of Title 33; and the Commissioner shall have the same powers and limitations in such proceedings as are provided under that chapter, except as otherwise provided for in this article.
(c) If the liquidation of a fund is ordered, an assessment shall be levied upon its mem bers for such an amount as the Commissioner determines to be necessary to discharge all liabilities of the fund, including the reasonable costs of liquidation.
20-2-2016. The Commissioner shall have authority to promulgate rules and regulations to effectuate the provisions of this article.
20-2-2017. Any party which is aggrieved by any act, determination, order, or any other action of the Commissioner taken pursuant to this article may request a hearing before the Commissioner or otherwise proceed in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
20-2-2018. An interlocal risk management agency shall maintain at all times a contract or contracts of specific excess insurance and aggregate excess insurance in amounts which shall be determined by the Commissioner.
20-2-2019. Each fund established under this article shall have an annual audit of its books and accounts performed by a certified public accountant. Such audit shall be con ducted in accordance with generally accepted accounting principles. A copy of such audit shall be made available to fund members.
20-2-2020. The exercise by a board of education of the authority provided in this article 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.

Senator Stumbaugh of the 55th moved that the Senate agree to the House substitute to SB 440.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Brantley Broun of 46th Brown of 47th Burton Coleman Dawkins Deal Dean

English Engram Foster Garner Gillis Greene Harrison Hine Horton Hudgins Hugging Kennedy Kidd Land

Langford McGill McKenzie Peevy Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Trulock Turner Walker

Those not voting were Senators:

Bowen Brannon

Bryant Cobb

Coverdell Fincher

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Harris Holloway Howard

Perry Tate Timmons

Tolleson Tysinger

On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 440.

The following bill of the House was taken up for the purpose of considering the Confer ence Committee report thereon:

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.

The Conference Committee report on HB 1334 was as follows:

The Committee of Conference on HB 1334 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1334 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Harrill L. Dawkins Senator, 45th District
Is/ Culver Kidd Senator, 25th District
Is/ R. T. Phillips Senator, 9th District

FOR THE HOUSE OF REPRESENTATIVES:
/si Troy Athon Representative, 57th District
/s/ E. M. Childers Representative, 15th District
/s/ Jim Pannell Representative, 122nd District

Conference Committee substitute to HB 1334:

A BILL
To be entitled an Act 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 organ banks, eye or tissue banks, or storage facilities to request that anatomical gifts be made; to authorize the par ents, legal guardian, or other authorized person to make an anatomical gift of an individual under 18 years of age, such gift to take effect at death; to require organ banks, eye or tissue banks, or storage facilities to request that parents, legal guardians, or other authorized per sons make such gifts; to provide for record keeping for such gifts and related matters; to provide for rules and regulations by the Board of Human Resources; to provide that, unless such gifts are medically unsuitable, certain anatomical gifts are irrevocable at death; to amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, so as to make it unlawful for any person, firm, or corpora tion 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 striking in its entirety Code Section 44-5-143,

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relating to persons who may make anatomical gifts, and inserting in its place a new Code Section 44-5-143 to read as follows:
"44-5-143. (a) Any individual who is 18 years of age or older and of sound mind may give all or any part of his body for any purpose specified in Code Section 44-5-144, the gift to take effect upon death.
(b) On or before the occurrence of death in a hospital, when persons in prior classes are not available and in the absence of actual notice of contrary indications by the decedent or actual notice of opposition by a member of the same or a prior class, the person in charge of the hospital or his designated representative shall notify the concerned organ bank, eye or tissue bank, or storage facility which shall, if appropriate, request that any of the following persons, in order of priority stated, give all or any part of the decedent's body for any pur pose 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) (1) The person in charge of the hospital or his designated representative shall record in a book kept for this purpose a statement to the effect that the concerned organ bank, eye or tissue bank, or storage facility has been notified and whether, if appropriate, a request for a consent to an anatomical gift has been made and shall further indicate whether or not consent was granted, the name of the person granting the consent, and his or her relation ship to the decedent.
(2) A request under subsection (b) of this Code section is appropriate only when con sent would yield a donation suitable for use pursuant to medical and other criteria as de fined by regulations of the Board of Human Resources.
(d) If the donee has actual notice of contrary indications by the decedent or actual notice that a gift by a member of a class is opposed by a member of the same or a prior class, the donee shall not accept the gift. The persons authorized by subsection (b) of this Code section may make the gift after or immediately before death. Upon admission of a person to any hospital, at his request, the hospital shall record in a book kept for the pur pose, the expression of intent of such person with regard to the disposition of his body and such expression shall be deemed to be sufficient notice under this Code section not to be contravened by opposition from persons listed in subsection (b) of this Code section.
(e) 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.
(f) 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.
(g) The Board of Human Resources shall establish regulations concerning the training of any person or persons who may be designated to perform the request and the procedures to be employed in making it. In addition, the board shall establish such regulations as are necessary to implement appropriate hospital procedures to facilitate the delivery of dona tions from receiving hospitals to potential recipients.
(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

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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, the Georgia Lions Eye Bank, Inc., and the Georgia Hospital Association."
Section 2. Said article is further amended by inserting immediately following Code Sec tion 44-5-143 a new Code section, to be designated Code Section 44-5-143.1, to read as follows:
"44-5-143.1. (a) The parents, legal guardian, or other person authorized under subsec tion (b) of this Code section may, unless otherwise directed by a will, give all or any part of the body of a person who is under 18 years of age for any purpose specified in Code Section 44-5-144, the gift to take effect upon death.
(b) On or before the occurrence of death in a hospital, when persons in prior classes are not available and in the absence of actual notice of contrary indications by the decedent or actual notice of opposition by a member of the same or a prior class, the person in charge of the hospital or his designated representative shall notify the concerned organ bank, eye or tissue bank, or storage facility which shall, if appropriate, request that any of the following persons, in order of priority stated, give all or any part of the decedent's body for any pur pose specified in Code Section 44-5-144:
(1) Both parents;
(2) If both parents are not readily available and no contrary indications of the absent parent are known, one parent;
(3) If the parents are divorced or legally separated, the custodial parent;
(4) In the absence of the custodial parent, when no contrary indications of the absent parent are known, the noncustodial parent;
(5) If there are no parents, the legal guardian; or
(6) Any other person authorized or obligated to dispose of the body.
(c) (1) The person in charge of the hospital or his designated representative shall record in a book kept for this purpose a statement to the effect that the concerned organ bank, eye or tissue bank, or storage facility has been notified and whether, if appropriate, a request for a consent to an anatomical gift has been made and shall further indicate whether or not consent was granted, the name of the person granting the consent, and his or her relation ship to the decedent.
(2) A request under subsection (b) of this Code section is appropriate only when con sent would yield a donation suitable for use pursuant to medical and other criteria as de fined by regulations of the Board of Human Resources.
(d) If the donee has actual notice of contrary indications by the decedent or actual notice that a gift by a member of a class is opposed by a member of the same or a prior class, the donee shall not accept the gift. The persons authorized by subsection (b) of this Code section may make the gift after or immediately before death. Upon admission of a person to any hospital at his request, the hospital shall record in a book kept for the pur pose of the expression of intent of such person with regard to the disposition of his body and such expression shall be deemed to be sufficient notice under this Code section not to be contravened by opposition from persons listed in subsection (b) of this Code section.
(e) 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.
(f) 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.
(g) The Board of Human Resources shall establish regulations concerning the training of any person or persons who may be designated to perform the request and the procedures

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to be employed in making it. In addition, the board shall establish such regulations as are necessary to implement appropriate hospital procedures to facilitate the delivery of dona tions from receiving hospitals to potential recipients.
(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, the Georgia Lions Eye Bank, Inc., and the Georgia Hospital Association."
Section 3. Said article is further amended by striking in its entirety subsection (b) of Code Section 44-5-145, relating to anatomical gifts made by will, donor card, or other instru ment, and inserting in its place a new subsection (b) to read as follows:
"(b) A gift of all or part of the body under subsection (a) of Code Section 44-5-143 may also be made by a document other than a will. Unless the gift is deemed medically unsuita ble, the gift becomes effective and irrevocable upon the death of the donor. The document, which may be a card designed to be carried on the person, must be signed by the donor in the presence of two witnesses who must sign the document in his presence. If the donor cannot sign, the document may be signed for him at his direction and in his presence and in the presence of two witnesses who must sign the document in his presence. Delivery of the document of gift during the donor's lifetime is not necessary to make the gift valid."
Section 4. 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."

FRIDAY, MARCH 7, 1986

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Section 5. This Act shall become effective July 1, 1987. Section 6. All laws and parts of laws in conflict with this Act are repealed.

Senator Phillips of the 9th moved that the Senate adopt the Conference Committee report on HB 1334.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker
Barnes

n

t.

BBBrruoorwutonnnooff 47th

Coverdell

Dawkins

Dean

English

Engram

Foster

Garner Gillis Greene
Harris Harrison HH,,ionret, on Howard Hudgins Huggins Kennedy Kidd Langford

McGill McKenzie Peevy
Phillips Ray RS.., ceod,tdt,igohf, 2- nd, Scott of 36th Starr Stumbaugh Trulock Turner Tysinger

Those not voting were Senators:

Allgood Bwen

Coleman Deal

Perry Tate

BraZey Bryant Cobb

Finch" Holloway Land

Ti Tolleson Walker

On the motion, the yeas were 40, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1334.

The following bill of the House was taken up for the purpose of considering the House action thereon:

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.

Senator Dawkins of the 45th moved that the Senate recede from the Senate amend ment to HB 1723.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Bond Brantley

Broun of 46th Brown of 47th Coleman Dawkins

Dean Engram Foster Garner

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Greene Hine SowaTd Kennedy Kidd

Langford Perry PhilliPs Reddish Scott of 2nd

Scott of 36th Starr Tolleson Trulock Turner

Those voting in the negative were Senators:

Albert Barnes BCouvrteorndell
Deai
English

Gillis Harris ,,Hud,glns
Land
McGill

McKenzie Peevy nRay
Tysmger
Walker

Those not voting were Senators:

Barker Bowen Brannon Bryant

Cobb Fincher Harrison Holloway

Huggins Stumbaugh Tate Timmons

On the motion, the yeas were 28, nays 16; the motion was lost, and the Senate did not recede from the Senate amendment to HB 1723.

Senator Dawkins of the 45th moved that the Senate reconsider its action in defeating the motion to recede from the Senate amendment to HB 1723.

On the motion, the yeas were 27, nays 5; the motion prevailed, and the Senate reconsid ered its action in defeating the motion to recede from the Senate amendment to HB 1723.

Senator Dawkins of the 45th moved that the Senate recede from the Senate amend ment to HB 1723.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barnes Broun of 46th Brown of 47th Bryant Coleman Dawkins Deal Dean English Engram Fincher

Foster Garner Gillis Greene Harris Hine Holloway Horton Howard Huggins Kennedy Kidd Land

McKenzie Peevy Phillips Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tolleson Trulock Turner Walker

Those voting in the negative were Senators:

Albert Burton

Langford McGill

Tysinger

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Those not voting were Senators:

Barker BBoownden Brannon Brantley

Cobb Coverdell
Harrison Hudgins

Perry Reddish
Tate Timmons

On the motion, the yeas were 38, nays 5; the motion prevailed, and the Senate receded from the Senate amendment to HB 1723.

The following bill of the House was taken up for the purpose of considering the Confer ence Committee report on HB 1286:

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.

The Conference Committee report on HB 1286 was as follows:

The Committee of Conference on HB 1286 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1286 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Roy E. Barnes Senator, 33rd District
/s/ Edward Hine, Jr. Senator, 52nd District
/s/ Culver Kidd Senator, 25th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Henry Bostick Representative, 138th District
/s/ William J. Lee Representative, 72nd District
/s/ Larry Walker Representative, 115th District

Conference Committee substitute to HB 1286:

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 for the comprehensive regulation of ethics in govern ment service and the disclosure of campaign contributions and expenditures; to provide for a short title; to provide for legislative intent on a declaration of policy; to provide for defini tions; to create the State Ethics Commission; to provide for composition, appointment of members, terms, vacancies, meetings, officers, quorum, and assignments; to provide for cer tain staff, funding, and supplies; to provide for the powers, duties, and authority of the commission; to provide for certain limitations on such authority; to provide for venue for certain actions; to provide for the disclosure of campaign contributions; to provide for the acceptance of certain contributions; to provide for procedures regarding such contributions; to provide for persons subject to disclosure requirements; to provide for certain information in reports; to provide for certain recordkeeping and inspections; to provide for the uses of

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contributions; to require the filing of certain reports; to provide for the contents of such reports; to provide for filing, verification, and mailing of such reports; to provide for certain duties of the commission; to provide for the disclosure of certain financial interests; to pro vide for certain reports of such interests; to provide for the contents of such reports; to provide for filing requirements; to provide for verification; to provide for mailing of such reports; to provide that such reports shall be public records; to provide for all related mat ters; 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 Chapter 5, the "Campaign and Financial Disclosure Act," in its en tirety and inserting in its place a new Chapter 5 to read as follows:
"CHAPTER 5
ARTICLE 1
21-5-1. This chapter shall be known as and may be cited as the 'Ethics in Government Act.'
21-5-2. It is declared to be the policy of this state, in furtherance of its responsibility to protect the integrity of the democratic process and to ensure fair elections for constitutional offices, state offices, district attorneys, members of the Georgia House of Representatives and Georgia Senate, all constitutional judicial officers, and all county and municipal elected officials, to institute and establish a requirement of public disclosure of campaign contribu tions and expenditures relative to the seeking of such offices, to the recall of public officials holding elective office, and to the influencing of voter approval or rejection of a proposed constitutional amendment or a state-wide referendum. It is the policy of this state to re quire public disclosure of campaign contributions and expenditures when such are designed to bring about the approval or rejection by the voters of any proposed question which is to appear on the ballot in any county or municipal election. Further, it is the policy of this state that the state's public affairs will be promoted by disclosures of significant private interests of public officers and officials which may influence the discharge of their public duties and responsibilities. The General Assembly further finds that it is for the public to determine whether significant private interests of public officers have influenced the state's public officers to the detriment of their public duties and responsibilities and, in order to make that determination and hold the public officers accountable, the public must have access to the disclosure of the significant private interests of the public officers of this state.
21-5-3. As used in this chapter, the term:
(1) 'Business entity' means any corporation, sole proprietorship, partnership, limited partnership, enterprise, franchise, association, trust, joint venture, or other entity, whether profit or nonprofit.
(2) 'Campaign committee' means the candidate, person, or committee which accepts contributions or makes expenditures designed to bring about the nomination or election of an individual to any elected office. The term 'campaign committee' also means any person or committee which accepts contributions or makes expenditures designed to bring about the recall of a public officer or any person or committee which accepts contributions or makes expenditures designed to bring about the approval or rejection by the voters of any pro posed constitutional amendment or state-wide referendum. The term 'campaign committee' shall also mean any person or committee which accepts contributions or makes expenditures designed to bring about the approval or rejection by the voters of any proposed question which is to appear on the ballot in any county or municipal election.
(3) 'Campaign contribution disclosure report' means a report filed with the commission by a candidate or the chairman or treasurer of a campaign committee setting forth all ex penditures of $101.00 or more and all contributions of $101.00 or more, including contribu tions and expenditures of lesser amounts when the aggregate amount thereof by or to a person is $101.00 or more for the calendar year in which the report is filed. Such report shall also include the total amount of all individual contributions received or expenditures made

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of less than $101.00 each. The first report required in the calendar year of the election shall contain all such expenditures made and all such contributions received by the candidate or the committee in prior years in support of the campaign in question.
(4) 'Candidate' means an individual who seeks nomination for election or election to any public office, whether or not such an individual is elected; and a person shall be deemed to seek nomination or election if such person has taken necessary action under the laws of this state to qualify such person for nomination for election or election, or has received contributions or made expenditures, or has given such person's consent for such person's campaign committee to receive contributions or make expenditures with a view to bringing about such person's nomination for election or election to such office.
(5) 'Commission' means the State Ethics Commission created under Code Section 21-54.
(6) 'Contribution' means a gift, subscription, membership, loan, forgiveness of debt, ad vance or deposit of money or anything of value, conveyed or transferred for the purpose of influencing the nomination for election or election of any person for office, the recall of a public official holding elective office, or the influencing of voter approval or rejection of a proposed constitutional amendment, a state-wide referendum, or a proposed question which is to appear on the ballot in any county or municipal election. The term specifically shall not include the value of personal services performed by persons who serve without compen sation from any sources and on a voluntary basis. The term 'contribution' shall include other forms of payment made to candidates for office or who hold office when such fees and compensation made can be reasonably construed as a campaign contribution designed to encourage or influence a candidate or officeholder. The term 'contribution' shall also encom pass transactions wherein a qualifying fee required of the candidate is furnished or paid by anyone other than the candidate.
(7) 'Direct ownership interest' means the holding or possession of good legal or rightful title of property or the holding or enjoyment of real or beneficial use of the property by any person and includes any interest owned or held by a spouse of such person if such interest is held jointly or as tenants in common between the person and spouse.
(8) 'Election' means a primary election; run-off election, either primary or general; spe cial election; or general election. The term 'election' also means a recall election.
(9) 'Expenditure' means a purchase, payment, distribution, loan, advance, deposit, or gift of money or anything of value made for the purpose of influencing the nomination for election or election of any person, the recall of a public official holding elective office, or the influencing of voter approval or rejection of a proposed constitutional amendment, a state wide referendum, or a proposed question which is to appear on the ballot in any county or municipal election. The term specifically shall not include the value of personal services performed by persons who serve without compensation from any source and on a voluntary basis. The term 'expenditure' shall also include the payment of a qualifying fee for and in behalf of a candidate.
(10) 'Fiduciary position' means any position imposing a duty to act primarily for an other's benefit as officers, directors, managers, partners, or other designations of general responsibility of a business entity.
(11) 'Filing officer' means that official who is designated in Code Section 21-5-34 to receive campaign contribution disclosure reports; provided, however, that such term shall not include the State Ethics Commission.
(12) 'Gift' means any gratuitous transfer to a public officer, the spouse of the public officer, or any dependents of the public officer or loan of property or services, which is not a contribution as defined in paragraph (6) of this Code section, and which is in the amount of $101.00 or more.
(13) 'Intangible property' means property which is not real property and which is held for profit and includes stocks, bonds, interest in partnerships, choses in action, and other

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investments but shall not include any ownership interest in any public or private retirement or pension fund, account, or system and shall not include any ownership interest in any public or private life insurance contract or any benefit, value, or proceeds thereof.
(14) 'Person' means an individual, partnership, committee, association, corporation, la bor organization, or any other organization or group of persons.
(15) 'Public officer' means:
(A) Every constitutional officer;
(B) Every elected state official;
(C) The executive head of every state department or agency, whether elected or appointed;
(D) Each member of the General Assembly;
and
(E) The executive director of each state authority.
21-5-4. (a) Those members serving on the State Campaign and Financial Disclosure Commission prior to March 1, 1987, shall serve for a term of office which expires March 1, 1987.
(b) There is created the State Ethics Commission, with such duties and powers as are set forth in this chapter. The commission shall be governed by five members appointed as follows: three members, not more than two of whom shall be from the same political party, shall be appointed by the Governor, two for terms of three years and one for a term of two years; one member shall be appointed by the Lieutenant Governor for a term of four years; and one member shall be appointed by the Speaker of the House of Representatives for a term of four years. The initial members shall take office on March 2, 1987. Upon the expira tion of a member's term of office, a new member, appointed in the same manner as the member whose term of office expired as provided in this subsection, shall become a member of the commission and shall serve for a term of four years and until such member's succes sor is duly appointed and qualified. If a vacancy occurs in the membership of the commis sion, a new member shall be appointed to the unexpired term of office by the state official who appointed the vacating member. Members of the commission shall not serve for more than one complete term of office.
(c) All members of the commission shall be residents of this state.
(d) Any person who:
(1) Has qualified to run for any federal, state, or local public office within a period of five years prior to such person's appointment;
(2) Has held any federal, state, or local public office within a period of five years prior to such person's appointment; or
(3) Serves as an officer of any political party, whether such office is elective or appoin tive and whether such office exists on a local, state, or national level
shall be ineligible to serve as a member of the commission.
(e) The commission shall elect a chairman, a vice chairman, and other officers as it deems necessary. The members shall not be compensated for their services but they shall be reimbursed in an amount equal to the per diem received by the General Assembly for each day or portion thereof spent in serving as members of the commission. They shall be paid their necessary traveling expenses while engaged in the business of the commission.
(f) A majority of the members of the commission constitutes a quorum for the transac tion of business. The vote of at least a majority of the members present at any meeting at which a quorum is present is necessary for any action to be taken by the commission. No vacancy in the membership of the commission impairs the right of a quorum to exercise all rights and perform all duties of the commission.

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(g) Meetings of the members of the commission shall be held at the call of the chairman or whenever any two members so request.
21-5-5. The funds necessary to carry out this chapter shall come from the funds appro priated to and available to the State Ethics Commission and from any other available funds.
21-5-6. (a) The commission is vested with the following powers:
(1) To meet at such times and places as it may deem necessary;
(2) To contract with other agencies, public or private, or persons as it deems necessary for the rendering and affording of such services, facilities, studies, and reports to the com mission as will best assist it to carry out its duties and responsibilities;
(3) To cooperate with and secure the cooperation of every department, agency, or in strumentality in the state government or its political subdivisions in the furtherance of the purposes of this chapter;
(4) To employ an executive secretary and such additional staff as the commission deems necessary to carry out the powers delegated to the commission by this chapter;
(5) To issue subpoenas to compel any person to appear, give sworn testimony, or pro duce documentary or other evidence;
(6) To institute and prosecute actions in the superior courts, in its own name, seeking to enjoin or restrain any violation or threatened violation of this chapter;
(7) To adopt in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' such rules and regulations as are necessary to carry out the purposes of this chapter; and
(8) To do any and all things necessary or convenient to enable it to perform wholly and adequately its duties and to exercise the power granted to it.
(b) The commission shall have the following duties:
(1) To prescribe forms to be used in complying with this chapter;
(2) To prepare and publish a manual setting forth recommended uniform methods of accounting and reporting for use by persons required by this chapter to file statements and reports;
(3) To accept and file any information voluntarily supplied that exceeds the require ments of this chapter;
(4) To develop a filing, coding, and cross-indexing system consonant with the purposes of this chapter;
(5) To adopt a retention standard for records of the commission in accordance with Chapter 18 of Title 50, the 'Georgia Records Act';
(6) To prepare and publish such other reports and technical studies as in its judgment will tend to promote the purposes of this chapter;
(7) To provide for public dissemination of such summaries and reports;
(8) To determine whether the required statements and reports have been filed and, if so, whether they conform to the requirements of this chapter;
(9) To make investigations, subject to the limitations contained in Code Section 21-5-7, with respect to the statements and reports filed under this chapter and with respect to alleged failure to file any statements or reports required under this chapter, and upon re ceipt of the written complaint of any person, verified under oath, to the best information, knowledge, and belief, by the person making same, with respect to an alleged violation of any provision of this chapter, provided that nothing in this Code section shall be construed to limit or encumber the right of the commission to initiate on probable cause an investiga tion on its own cognizance as it deems necessary to fulfill its obligations under this chapter;

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(10) (A) To conduct a preliminary investigation, subject to the limitations contained in Code Section 21-5-7, 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. 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 to believe that a violation has occurred, it shall give notice by summoning the persons believed to have committed the violation to a hearing. The hearing shall be conducted in all respects in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The 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; pro vided, 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 cogni zance 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";
(11) To report suspected violations of law to the appropriate law enforcement authority;
(12) To investigate upon a written complaint any illegal use of state employees in a political campaign by any candidate;
(13) To issue, upon request, and publish advisory opinions on the requirements of this chapter, based on a real or hypothetical set of circumstances;
(14) To issue orders, after the completion of appropriate proceedings, directing compli ance with this chapter or prohibiting the actual or threatened commission of any conduct constituting a violation, which order may include a provision requiring the violator:
(A) To cease and desist from committing further violations;
(B) To make public complete statements, in corrected form, containing the information required by this chapter;
(C) (i) To pay a civil penalty not to exceed $1,000.00 for each violation contained in any report required by this chapter or for each failure to comply with any other provision of this chapter or of any rule or regulation promulgated under this chapter.
(ii) A civil penalty shall not be assessed against any person except after notice and hearing as provided by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The amount of any civil penalty finally assessed shall be recoverable by a civil action brought in the name of the commission. All moneys recovered pursuant to this Code section shall be deposited in the state treasury.
(iii) The Attorney General of this state shall, upon complaint by the commission, or may, upon the Attorney General's own initiative if after examination of the complaint and evidence the Attorney General believes a violation has occurred, bring an action in the supe rior court in the name of the commission for a temporary restraining order or other injunctive relief or for civil penalties assessed against any person violating any provision of this chapter or any rule or regulation duly issued by the commission.
(iv) 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 commissions of further violations shall be brought in the superior court of the county of the residence of the party against whom relief is sought. Service of process shall lie in 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

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compliance with the Constitution and the rules of procedure of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Upon satisfaction that notice was given and a hear ing was held pursuant 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 chapter and the superior court shall not make independent inquiry as to whether the violations have occurred.
(v) In any action brought by the Attorney General to enforce any of the provisions of this chapter or of any rule or regulation issued by the commission, the judgment, if in favor of the commission, shall provide that the defendant pay to the commission the costs, includ ing reasonable attorneys' fees, incurred by the commission in the prosecution of such action;
(15) To make public its conclusion that a violation has occurred and the nature thereof;
(16) 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; and
(17) 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.
21-5-7. The commission shall not initiate any investigation or inquiry into any matter under its jurisdiction based upon the complaint of any person unless that person shall re duce the same in writing and verify the same under oath, to the best information, knowl edge, and belief of such person, the falsification of which shall be punishable as false swear ing under Code Section 16-10-71. The person against whom any complaint is made shall be furnished or mailed a copy of the complaint by the commission within five business days after the filing of such complaint. Nothing in this Code section, however, shall be construed to limit or encumber the right of the commission to initiate on probable cause an investiga tion on its own cognizance as it deems necessary to fulfill its obligations under this chapter.
21-5-8. Venue for prosecution of civil violations of this chapter or for any other action by or on behalf of the commission shall be in the county of the residence of the candidate or public officer at the time of the alleged violation or action.
21-5-9. Except as otherwise provided in this chapter, any person who knowingly fails to comply with or who knowingly violates this chapter shall be guilty of a misdemeanor on the first offense and upon the second or subsequent offense shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years or by a fine not to exceed $5,000.00, or both. Notwithstanding any provision to the contrary, any person who knowingly falsifies any report required under this chapter shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years or by a fine not to exceed $5,000.00, or both.
ARTICLE 2
21-5-30. (a) No contributions to bring about the nomination or election of a candidate for any office shall be made except directly to a candidate or such candidate's campaign committee which is organized for the purpose of bringing about the nomination or election of any such candidate; and no contributions to bring about the recall of a public officer or to bring about the approval or rejection by the voters of a proposed constitutional amendment, state-wide referendum, or other issue at the municipal or county level shall be accepted except directly by a campaign committee organized for that purpose.
(b) Each candidate shall have a campaign committee, which may consist of only the candidate pursuant to paragraph (2) of Code Section 21-5-3, for the purpose of maintaining records and the filing of reports as required by this chapter. Every campaign committee shall have a chairman and a treasurer, except that the candidate may serve as the chairman and treasurer. Before a campaign committee accepts contributions, the name and address of the chairman and treasurer shall be filed with the commission. The same person may serve as chairman and treasurer. No contributions shall be accepted by or on behalf of the cam-

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paign committee at a time when there is a vacancy in the office of chairman and treasurer thereof.
(c) Contributions of money received pursuant to subsection (a) of this Code section shall be deposited in the separate campaign depository account opened and maintained for the purpose for which such campaign committee was organized. Such account may be an interest-bearing account; provided, however, that any interest earned thereon shall be deemed contributions and may only be used for the purposes allowed under this chapter. All deposits shall be accompanied by a bank deposit slip containing the name of each contribu tor and the amount contributed by each, except that with respect to the proceeds derived from fundraisers, individual contributions of less than $101.00 may be deposited in the aggregate.
(d) Where separate contributions of less than $101.00 are knowingly received from a common source, such contributions shall be aggregated for reporting purposes. For purposes of fulfilling this requirement, members of the same family, firm, or partnership or employees of the same person, as defined in Code Section 21-5-3, shall be considered to be a common source.
(e) The making and acceptance of anonymous contributions are prohibited. Any anony mous contributions received by a candidate or campaign committee shall be transmitted to the director of the Fiscal Division of the Department of Administrative Services for deposit in the state treasury, and the fact of such contribution and transmittal shall be reported to the commission.
(f) A person acting on behalf of a public utility corporation regulated by the Public Service Commission shall not make, directly or indirectly, any contribution to a political campaign.
21-5-31. (a) Any person who accepts contributions for, makes contributions to, or makes expenditures on behalf of candidates is subject to the same disclosure requirements of this chapter as a candidate, except that contributions from individuals made directly to a candi date or his campaign committee do not require separate reporting and except that contribu tions from persons as defined in paragraph (14) of Code Section 21-5-3 which do not exceed $500.00 in the aggregate or which are made to only one candidate, regardless of the amount, do not require separate reporting.
(b) When a contribution consists of the proceeds of a loan, advance, or other extension of credit, the campaign contribution disclosure report shall also contain the name of the lending institution or party making the advance or extension of credit and the names, mail ing addresses, occupations, and places of employment of all persons having any liability for repayment of the loan, advance, or extension of credit; and, if any such persons shall have a fiduciary relationship to the lending institution or party making the advance or extension of credit, the report shall specify such relationship.
21-5-32. (a) The treasurer of each campaign committee shall keep detailed accounts, current within not more than five business days after the date of receiving a contribution or making an expenditure, of all contributions received and all expenditures made by or on behalf of the candidate or committee. The treasurer shall also keep detailed accounts of all deposits made in any savings account or certificate of deposit and of all withdrawals made therefrom to the separate campaign depository and of all interest earned thereon.
(b) Accounts, including campaign savings accounts and certificates of deposit, kept by the treasurer of a campaign committee may be inspected under reasonable circumstances before, during, or after the election to which the accounts refer by any authorized represen tative of the commission. The right of inspection may be enforced by appropriate writ is sued by any court of competent jurisdiction.
(c) Accounts kept by the campaign committee shall be preserved for three years from the termination date of the campaign committee for any candidate or for three years from the election to bring about the approval or rejection by the voters of any proposed constitu tional amendment, referendum, local issue, or recall vote.

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21-5-33. (a) Contributions received by a candidate or a campaign committee, or a public officer and any proceeds from investing such contributions shall be utilized only to defray ordinary and necessary expenses, which may include any loan of money from a candidate or public officer to the candidate's campaign committee, incurred in connection with the candi date's campaign for elective office or a public officer's fulfillment or retention of such office.
(b) (1) All contributions received by a candidate or such candidate's campaign commit tee or a public officer in excess of those necessary to defray expenses pursuant to subsection (a) of this Code section and as determined by the candidate or public officer may only be used as follows:
(A) As contributions to any charitable organization described in 26 U.S.C. 170(c) as said federal statute exists on March 1, 1986, and which additionally shall include educational, eleemosynary, and nonprofit organizations;
(B) For transferral without limitation to any national, state, or local committee of any political party or to any candidate;
(C) For repayment on a pro rata basis to persons making such contributions;
(D) For use in future campaigns for any elective office;
(E) For repayment of any prior campaign obligations incurred as a candidate; or
(F) (i) For any personal use; provided, however, that no candidate or public officer shall convert contributions to the personal use or benefit of the candidate or public officer unless the candidate or public officer shall have:
(I) Written to every contributor to the most recent campaign to notify the contributor that the candidate or public officer intends to convert contributions to the personal use of the candidate or public officer;
(II) Extended an opportunity in writing to every contributor to the most recent cam paign to receive a pro rata distribution from the campaign committee in lieu of having the contributions converted to the personal use of the candidate or public officer, which oppor tunity shall not expire for at least 30 days after extension of such opportunity; and
(III) Distributed pro rata the contributions to all who objected to the conversion of the contributions to the personal use of the candidate or public officer.
(ii) Notwithstanding any other provision of this subparagraph to the contrary, no re payment or offer of repayment shall be required if there is less than $5,000.00 in the cam paign account of a state-wide candidate or public officer or if there is less than $1,000.00 in the campaign account of a candidate or elected official other than a state-wide candidate or public officer.
(2) Any candidate or public officer may provide in the will of the candidate or public officer that the contributions shall be spent in any of the authorized manners upon the death of the candidate or public officer; and, in the absence of any such direction in the probated will of the candidate or public officer, the contributions shall be paid to the trea sury of the state party with which the candidate or public officer was affiliated in such candidate's or officer's last election or elective office. Notwithstanding any other provisions of this paragraph, the personal representative or executor of the estate shall be allowed to use or pay out funds in the campaign account in any manner authorized in subparagraphs (A) through (F) of paragraph (1) of this subsection.
(c) Contributions shall not constitute personal assets of the candidate or public officer unless and until such contributions are converted to the personal use of the candidate or public officer as provided in subparagraph (b)(l)(F) of this Code section.
21-5-34. (a) (1) The candidate or the chairman or treasurer of each campaign committee organized to bring about the nomination or election of a candidate for any office except county and municipal offices and the chairman or treasurer of every campaign committee designed to bring about the recall of a public officer or designed to bring about the approval

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or rejection by the voters of any proposed constitutional amendment or state-wide referen dum shall file with the commission the required campaign contribution disclosure reports. In addition, a candidate for any state office or the chairman or treasurer of his or her cam paign committee shall file a copy of each of his or her reports with the election superinten dent of the county of his or her residence.
(2) (A) Any campaign committee which accepts contributions or makes expenditures designed to bring about the approval or rejection by the voters of any proposed question which is to appear on the ballot in any county or municipal election shall file a campaign contribution disclosure report as prescribed by this chapter; provided, however, that such report shall only be required if such campaign committee has received contributions which total more than $500.00 or if such campaign committee has made expenditures which total more than $500.00. All advertising pertaining to referendums must identify the principal officer of said campaign committee by containing the name and title of the principal officer.
(B) If a campaign committee is required to file a report under subparagraph (A) of this paragraph, said report shall be filed with the election superintendent of the county in the case of a county election or with the municipal clerk in the case of a municipal election. Any such report shall be filed 15 days prior to the date of the election; and a final report shall be filed prior to December 31 of the year in which the election is held.
(3) A candidate for county office or the chairman or treasurer of such candidate's cam paign committee shall file the required campaign contribution disclosure reports with the election superintendent in the respective county of election.
(4) A candidate for municipal office or such candidate's campaign committee shall file the reports with the municipal clerk in the respective municipality of election or, if there is no clerk, with the chief executive officer of the municipality.
(b) All reports shall list the following:
(1) The amount, name, and mailing address of any person making a contribution of $101.00 or more, including the purchase of tickets for events such as dinners, luncheons, rallies, and similar fundraising events;
(2) The name and mailing address and occupation or place of employment of any per son to whom an expenditure of $101.00 or more is made and the amount and general pur pose of such expenditure;
(3) When a contribution consists of a loan, advance, or other extension of credit, the report shall also contain the name of the lending institution or party making the advance or extension of credit and the names, mailing addresses, occupations, and places of employ ment of all persons having any liability for repayment of the loan, advance, or extension of credit; and, if any such persons shall have a fiduciary relationship to the lending institution or party making the advance or extension of credit, the report shall specify such relationship.
(c) Campaign committees which accept contributions or make expenditures designed to bring about the nomination or election of a candidate shall file campaign contribution dis closure reports 45 days and 15 days before the primary election and ten days after the primary election. Candidates in a general or special election campaign shall make such re ports 15 days prior to the general or special election, and all candidates shall make a final campaign contribution disclosure report not later than December 31 of the year in which the election occurs. All candidates shall have a five-day grace period in filing the required re ports. If a run-off election is required following a primary, general, or special election, candi dates in such an election shall make such reports six days prior to the run-off election and shall have a two-day grace period in filing the required report, with the exception that, if an election is scheduled on a Wednesday, the grace period shall end the Friday preceding the election. The mailing of said reports by United States mail with adequate postage thereon, within the required filing time, shall be prima-facie evidence of filing. A report or statement required to be filed by this Code section shall be verified by the oath or affirmation of the person filing such report or statement taken before an officer authorized to administer

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oaths. Each report required in the calendar year of the election shall contain cumulative totals of all contributions which have been received and all expenditures which have been made in support of the campaign in question and which are required, or previously have been required, to be reported.
(d) In the event any candidate covered by this chapter has no opposition in either a primary or a general election and receives no contribution of $101.00 or more, said candidate shall only be required to make the initial and final report as required under this chapter.
(e) A supplemental campaign contribution disclosure report shall be filed by each pub lic officer elected to an office covered by this chapter no later than December 31 of each year following the year in which the election occurs. If no contribution is received or expenditure made which is required to be reported under this chapter between the date of the last cam paign contribution disclosure report filed pursuant to this chapter and December 31 of any year, a supplemental campaign contribution disclosure report shall be required by this chap ter and shall so indicate no contributions or expenditures.
(f) Any campaign committee which accepts contributions or makes expenditures designed to bring about the recall of a public official or to oppose the recall of a public official shall file campaign contribution disclosure reports with the commission as follows:
(1) An initial report shall be filed within 15 days of the date when the official recall petition forms were issued to the sponsors;
(2) A second report shall be filed 45 days after the filing of the initial report;
(3) A third report shall be filed within 15 days after the expiration date for acquiring signatures on the recall petition;
(4) A final report shall be filed prior to December 31 of the year in which the recall election is held; and
(5) In the case of state officials or county officials, a copy of each of the reports shall also be filed with the election superintendent in the county of residence of the official sought to be recalled. In the case of municipal officials, a copy of the reports shall also be filed with the municipal clerk in the municipality of residence of the official sought to be recalled or, if there is no clerk, with the chief executive officer of the municipality.
(g) Any campaign committee which accepts contributions or makes expenditures designed to bring about the approval or rejection by the voters of a proposed constitutional amendment or a state-wide referendum shall file a campaign contribution disclosure report with the commission 15 days prior to the date of the election and shall file a final report prior to December 31 of the year in which the election is held.
(h) In any county in which the county board of elections does not maintain an office open to the public during normal business hours for five days a week, the reports required by this Code section shall be filed in the office of the judge of the probate court of that county.
21-5-35. (a) Any member of the General Assembly or that member's campaign commit tee who accepts a reportable campaign contribution during a legislative session shall report the contribution to the proper authority on the first day of the month following the month in which the contribution was accepted.
(b) Any person subject to Code Section 21-5-31 who gives a contribution to a member of the General Assembly or that member's campaign committee during a legislative session shall report the contribution to the proper authority on the first day of the month following the month in which the contribution was given.
21-5-36. (a) It shall be the duty of the commission or filing officer to make the campaign contribution disclosure reports available for public inspection and copying during regular office hours commencing as soon as practicable after such filing. Such commission or filing officer shall have the authority to charge a fee for copying such reports not to exceed the actual cost thereof. The commission or filing officer shall preserve such reports for a period

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of five years from the date upon which they are received. A filing officer shall notify the commission in writing of:
(1) The names of all candidates and offices sought in a special election, when held at a time other than election dates scheduled by law or charter, within ten days of the close of the qualification period; and
(2) Within ten days after the date a report is due, the names and addresses of candi dates or campaign committees which have not filed required campaign disclosure reports as required by law in the election in question.
A filing officer shall immediately notify the commission when such officer shall receive any complaint against any candidate offering for any office specified in Code Section 21-5-2 or against any campaign committee and shall forward the commission a copy of the complaint. In the event any complaint is against a county or municipal candidate, a copy of the reports filed by such candidate shall be forwarded to the commission along with the complaint.
(b) The commission or filing officer receiving original reports has the duty to inspect each report filed with such commission or officer by candidates or by a campaign committee for conformity with the law and to notify the candidate or campaign committee immediately if the report does not conform with the law, is unsigned, or is otherwise in technical viola tion of filing requirements.
ARTICLE 3
21-5-50. (a) Each public officer, as defined in paragraph (15) of Code Section 21-5-3, shall file with the commission not before the first day of January nor later than February 15 of each year in which such public officer holds office, a financial disclosure statement for the preceding calendar year. Each person who qualifies as a candidate for election as a public officer shall file with the commission, not later than the tenth day after which such person qualifies, a financial disclosure statement for the 12 month period ending the month prior to such qualification. The commission shall review each financial disclosure statement to deter mine that such statement is in compliance with the requirements of this chapter.
(b) A financial disclosure statement shall be in the form specified by the commission and shall identify:
(1) All gifts, fees, and honoraria reasonably believed by the public officer to be in excess of $500.00 received from speaking engagements, participation in seminars, discussion panels, or other activities which relate to the duties of the public officer or the office of the public officer, with a statement identifying the gift received and the person from whom it was received;
(2) All fiduciary positions held by the candidate for public office or the public officer, with a statement of the title of each such position, the name and address of the business entity, and the principal activity of the business entity;
(3) All direct ownership interests, including any intangible property, in any business entity, including the name, address, principal activity of the business entity, the office held by the candidate for public office or the public officer within such business entity, and the duties and responsibilities of the candidate for public office or the public officer in which such ownership is held, where:
(A) Such ownership interest is more than 10 percent; or
(B) Such ownership interest has a fair market value of more than $20,000.00;
(4) All direct ownership interests which have a fair market value of more than $20,000.00 or represent at least 10 percent of the candidate for public office's or the public officer's net worth in real property, including the county and state in which such property is located; and, for purposes of this subparagraph, the fair market value shall be the appraised value of the real property for ad valorem tax purposes; and

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(5) All annual payments in excess of $20,000.00 received by the public officer or any business entity identified in paragraph (3) of this subsection from the state, any agency, department, commission, or authority created by the state, and authorized and exempted from disclosure under Code Section 45-10-25, and the agency, department, commission, or authority making the payments, and the general nature of the consideration rendered for the source of the payments.
21-5-51. The financial disclosure reports required under this part shall be verified by oath or affirmation of the public officer filing the report, such oath or affirmation to be taken before an officer authorized to administer oaths.
21-5-52. Depositing of a properly addressed financial disclosure report in the United States mails with adequate postage thereon shall constitute filing on the date of mailing.
21-5-53. Financial disclosure reports filed pursuant to this part shall be public records and shall be subject to inspection and copying by any member of the public as provided by law for other public records."
Section 2. This Act shall become effective March 1, 1987.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Senator Hine of the 52nd moved that the Senate adopt the Conference Committee re port on HB 1286.
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 owen Brantley BDBBrrroovwuannntoofef 44A6r7,ttthhi. Burton Coleman Coverdell Dawkins Deal Dean

English Engram Foster Garner Gillis
Greene Hine Holloway ,,HHoowrt,oarnd. J Hudgins Huggins Kennedy Kidd Land Langford

Those not voting were Senators:

McGill Peevy Perry Phillips Ray
Reddish Scott of 2nd Scott of 36th SS0 tt, uarmrb, augh, Timmons Tolleson Trulock Turner Tysinger Walker

Brannon Cobb Fincher

Harris Harrison

McKenzie Tate

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1286.

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The following bill of the Senate was taken up for the purpose of considering the House action thereon:
SB 267. By Senators Howard of the 42nd, Fincher of the 54th and Kidd of the 25th:
A bill to amend Part 3 of Article 2 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to the regulation of pharmacists, so as to provide for license expiration and renewal and to require pharamacists to obtain continuing pharmaceutical education as a condition for renewing their pharmacist license; to provide for approved correspondence courses; to provide for exceptions.
Senator Kidd of the 25th moved that the Senate adhere to its disagreement to the House substitute to SB 267, and that a Conference Committee be appointed.
On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House substitute to SB 267.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Kidd of the 25th, Garner of the 30th and Cobb of the 28th.
The following bill of the House was taken up for the purpose of considering the Second Conference Committee report thereon:
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.
The Second Conference Committee report on HB 1550 was as follows:
The Committee of Conference on HB 1550 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1550 be adopted.
Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

M Culver Kidd Senator, 25th District

/s/ William J. Lee Representative, 72nd District

Is/ Floyd Hudgins Senator, 15th District

/s/ Larry Walker Representative, 115th District

/s/ Gene Walker Senator, 43rd District

/s/ Jack Connell Representative, 87th District

Conference Committee substitute to HB 1550:

A BILL
To be entitled an Act to amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries and allowances of certain state officials, so as to change the salary of the state auditor; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries and allowances of certain state officials, is amended by striking paragraph

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(6) of subsection (a) in its entirety and inserting in lieu thereof a new paragraph (6) to read as follows:
"(6) State auditor .................................................... 60,000.00".
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Kidd of the 25th moved that the Senate adopt the Second Conference Commit tee report on HB 1550.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bowen Broun of 46th BB_Croroylewamnntaonf 47th
Dawkins
Deal
Dean

English Fincher Foster GHiHiioolllwil,iosawrday
Hudgins
Kennedy
Kidd

McGill McKenzie jjay pKh_ ^teajdrjcoruVsn,
Timmons
Turner
Walker

Those voting in the negative were Senators:

Allgood Baldwin Barnes Brantley Burton Cobb Coverdell Engram

Garner Greene Harris Hine Huggins Land Langford Peevy

Perry Phillips Scott of 2nd Scott of 36th Stumbaugh Tolleson Trulock Tysinger

Those not voting were Senators:

Albert Bond

Brannon Harrison

Horton Tate

On the motion, the yeas were 26, nays 24; the motion was lost, and the Senate rejected the Second Conference Committee report on HB 1550.

Senator Hudgins of the 15th moved that the following bill of the House, having been read the third time on February 25 and tabled, be taken from the Table:

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.

On the motion, the yeas were 35, nays 0; the motion prevailed, and HB 1539 was taken from the Table and placed at the foot of the Senate Rules Calendar for today.

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The following resolution of the House was taken up for the purpose of considering the House action thereon:
HR 567. By Representative Ross of the 82nd: A resolution compensating Miss Annie M. Peterson in the amount of $300.00.
Senator Dean of the 31st moved that the Senate adhere to the Senate amendment to HR 567, and that a Conference Committee be appointed.
On the motion, the yeas were 35, nays 2; the motion prevailed, and the Senate adhered to the Senate amendment to HR 567.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Dean of the 31st, Stumbaugh of the 55th and Turner of the 8th.
The following bill of the Senate was taken up for the purpose of considering the House action thereon:
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.
Senator Greene of the 26th moved that the Senate adhere to its disagreement to the House substitute to SB 390, and that a Conference Committee be appointed.
On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House substitute to SB 390.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Greene of the 26th, Stumbaugh of the 55th and Starr of the 44th.
The following general bill of the Senate was taken up for the purpose of considering the House substitute thereto:
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 House substitute to SB 369 was as follows:
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 authorize the joint purchase of insurance by munici palities and counties; to authorize joint self-insurance programs for municipalities and coun ties; to provide for definitions; to provide for contracts; to provide for interlocal risk man agement agencies and the powers, duties, and management thereof; to provide for plans and

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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 regula tion of joint self-insurance programs by the Commissioner of Insurance; to provide for cer tificates of authority and applications for certificates of authority; to provide minimum sur plus requirements; to provide limitations on investments; to provide for joint and several liability in self-insurance programs; to provide requirements for administrators and con tracts with administrators; to provide for revocation or suspension of certificates of author ity; to provide for hearings; to provide for special assessments; to provide for exemptions from taxation; to provide for audits and periodic examinations; to provide for construction; to provide for all other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 36 of the Official Code of Georgia Annotated, relating to local govern ment, is amended by adding at the end thereof a new Chapter 85 to read as follows:
"CHAPTER 85
36-85-1. As used in this chapter, the term:
(1) 'Administrator' means any person who administers a group self-insurance fund other than the interlocal risk management agency.
(2) 'Commissioner' means the Commissioner of Insurance.
(3) 'County' means any county of the State of Georgia. Such term shall include any public authority, commission, board, or similar agency which is created by local or general Act of the General Assembly and which carries out its functions on a county-wide basis or wholly within the unincorporated area of a county. The term shall also include any such body which is created or activated by a resolution or ordinance of the governing body of the county individually or jointly with other political subdivisions of the state.
(4) 'Governing authority' means the body which exercises the legislative functions of the municipality or county.
(5) '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.
(6) 'Interlocal risk management agency' or 'agency' means an association formed by mu nicipalities or counties by the execution of an intergovernmental contract for the develop ment and administration of an interlocal risk management program and one or more group self-insurance funds.
(7) '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.
(8) 'Motor vehicle liability' means liability to which a municipality or county 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.
(9) 'Municipality' means a municipal corporation of the State of Georgia. Such term shall include any public authority, commission, board, or similar agency which is created by general or local Act of the General Assembly and which carries out its functions wholly or partly within the boundaries of the municipality. The term shall also include such bodies which are created or activated by an ordinance or resolution of the governing body of the municipality individually or jointly with other political subdivisions of the state.

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(10) 'Property damage' means loss to which a municipality or county may be subject by reason of physical damage or destruction to real or personal property owned or leased by such municipality or county.
(11) 'Public liability' means liability for bodily injury, death, or damage to property owned by others to which a municipality or county may be subject either directly or by reason of liability arising out of an act of its employee, agent, or officer in the course and scope of employment.
36-85-2. (a) A group of municipalities or a group of counties may execute an intergov ernmental contract among themselves to form and become members of an interlocal risk management agency. After an interlocal risk management agency has been formed, any mu nicipality or county 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 municipalities or counties;
(2) Pool its motor vehicle liability risks in whole or in part with those of other munici palities or counties;
(3) Pool its property damage risks in whole or in part with those of other municipalities or counties; or
(4) Jointly purchase public liability, motor vehicle liability, or property damage insur ance with other municipalities or counties participating in and belonging to the interlocal risk management agency, the participating municipalities or counties to be coinsured under a master policy or policies with the total premium apportioned among such participants.
(b) For the purposes of this chapter, 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. There shall be only one interlocal risk management agency established for each class; provided, however, if the Commissioner determines that there are special or unique circumstances or needs of a group of counties or municipalities which justify the establishment of an addi tional interlocal risk management agency or agencies, he may authorize the establishment of such additional agency or agencies. Each agency may establish such group self-insurance funds as may be authorized by the Commissioner of Insurance.
(c) All arrangements and agreements made under the authority of this chapter shall be in writing. A municipality or county may become a member of an interlocal risk manage ment agency by the adoption of a resolution or ordinance by the governing authority of the municipality or county. The interlocal risk management agency shall operate under such name and style as shall be provided in the intergovernmental contract 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 of any fund estab lished by the agency, including 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.
36-85-3. Each intergovernmental contract establishing an intergovernmental risk man agement agency shall provide for a board of trustees which shall govern the agency. Such board shall be authorized to administer the 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.
36-85-4. An interlocal risk management agency created pursuant to this chapter is not an insurance company or an insurer under Title 33, and the development and administra tion by such agency of one or more group self-insurance funds shall not constitute doing business as an insurer.
36-85-5. (a) No interlocal risk management agency shall establish a group self-insurance

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fund or funds until such agency has been issued a certificate of authority by the Commis sioner of Insurance as provided in this Code section and under such rules and regulations as the Commissioner may promulgate to assure compliance with this chapter.
(b) The Commissioner shall not be authorized to issue any certificate of authority pur suant to this Code section prior to April 30, 1987. Any application for a certificate of author ity pursuant to this Code section which is filed prior to March 1, 1987, shall be updated by the applicant in order to comply with any statute, rule, or regulation which may be promul gated or enacted prior to the issuance of the certificate of authority.
(c) When applying for a certificate of authority, an interlocal risk management agency shall file with the Commissioner an application setting forth:
(1) The name of the agency;
(2) The location of the agency's principal office;
(3) The names and addresses of the members of the agency;
(4) The names and addresses of the members of each fund;
(5) The name and address of a Georgia resident designated and appointed as each fund's proposed registered agent for service of process in this state;
(6) The names and addresses of the members of the board of trustees of the agency;
(7) A copy of the bylaws of the agency;
(8) A copy of the intergovernmental contract establishing the agency;
(9) A copy of the agreement or agreements establishing each fund;
(10) A copy of any agreements between the agency, any fund of the agency, and any administrator of a fund;
(11) A statement of the financial condition of the agency and each fund of the agency listing all of their assets and liabilities as of the end of the last preceding month prior to the date of the application on such a form as may be prescribed by the Commissioner;
(12) A copy of each contract, endorsement, and application form proposed to be issued or used in connection with each fund. Such contracts, endorsements, applications, or revi sions thereto shall be filed with and approved by the Commissioner prior to their use; and
(13) A copy of the rates, rating systems, and rules proposed to be used in connection with each fund. Such rates, rating systems, rules, and any revisions thereto shall be filed with and approved by the Commissioner prior to their use.
(d) A fund authorized by this chapter may be established by an agency only if the agency has enrolled members which:
(1) For each motor vehicle liability and public liability fund shall generate an annual gross premium of not less than $300,000.00;
(2) For each property damage fund shall generate an annual gross premium of not less than $200,000.00;
(3) For each fund which includes motor vehicle liability or public liability with property damage shall generate an annual gross premium of not less than $500,000.00; or
(4) For each fund which includes motor vehicle liability, public liability, and property damage shall generate an annual gross premium of not less than $800,000.00.
36-85-6. (a) The Commissioner shall examine the application made under Code Section 36-85-5 to determine whether the agency and any established fund will be able to comply with this chapter and applicable rules and regulations. If the Commissioner finds that the agency and any established fund are capable of complying with such requirements, he shall issue a certificate of authority to the agency.
(b) If the Commissioner refuses to issue a certificate of authority, he shall issue an order

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setting forth the reasons for refusal and forward it to the agency. A copy of the order shall be sent to each member of the fund.
(c) Except as otherwise provided in subsection (b) of Code Section 36-85-5, the Com missioner shall approve or disapprove the application for a certificate of authority within 60 days of receipt by him of the application and all of the supporting information requested.
(d) The Commissioner may refuse to issue or renew or may suspend or revoke the cer tificate of authority of any agency, in accordance with Code Section 36-85-12, for failure of the agency to comply with any provision of this chapter or with any of the rules, regulations, or orders of the Commissioner issued pursuant thereto.
(e) The certificate shall be renewed annually in accordance with rules and regulations promulgated by the Commissioner.
36-85-7. Each fund formed pursuant to this chapter shall possess and thereafter main tain minimum surplus in an amount such as the Commissioner may reasonably establish or subsequently require for the protection of the members. The Commissioner may authorize a fund to maintain a deposit with the Commissioner consisting of securities eligible for de posit by domestic insurance companies in accordance with Chapter 12 of Title 33 or, for a period not to exceed 60 months, to post a surety bond in lieu of maintaining the minimum surplus required by this Code section.
36-85-8. The investable assets of a fund may be invested in securities or other invest ments permitted by the laws of this state for the investment of assets constituting the legal reserves of property and casualty insurance companies or in such other securities or invest ments as the Commissioner may permit such insurers to invest their funds under Title 33. Such investments shall be subject to the same terms, conditions, and limitations which ap ply to property and casualty insurance companies under Title 33.
36-85-9. Each county or municipality shall be jointly and severally liable for all legal obligations of a fund which arise out of an event which occurred while such county or mu nicipality was a member of such fund; provided, however, that a fund shall not assume a risk greater than an amount to be determined by the Commissioner; and provided, further, that this legal obligation may be enforced by an assessment against such member as pro vided in the bylaws of the agency.
36-85-10. (a) If an agency contracts with an administrator, the agency and the adminis trator must enter into a written agreement which shall be subject to review and approval by the Commissioner in accordance with this Code section and which shall contain at least the following:
(1) A contractual provision obligating the administrator to obtain and maintain such bonds, deposits, or insurance coverage as may be required to be maintained by this chapter; and
(2) A requirement that errors and omissions coverage or other appropriate liability in surance in an amount which is not less than that specified by the rules and regulations of the Commissioner be maintained at all times by the administrator.
(b) The terms of any such agreement shall be reasonable and equitable, and the agree ment and any amendments thereto shall be filed with the Commissioner at least 30 days prior to their use. Any such agreement and any and all amendments thereto which have not been specifically disapproved by the Commissioner within 30 days after the filing thereof shall be deemed to be approved.
(c) A copy of the agreement and any and all amendments thereto shall be furnished to each agency or fund member upon request.
36-85-11. (a) The Commissioner shall require each administrator to have and maintain a fidelity bond in an amount which the Commissioner deems appropriate but which is not less than $100,000.00.
(b) Errors and omissions coverage or other appropriate liability insurance in an amount

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which is not less than that specified by the rules and regulations of the Commissioner shall be maintained at all times by an administrator of a fund; and a certificate by the insurer or other appropriate evidence of such coverage shall be filed with the Commissioner by the fund.
(c) Each administrator shall maintain an office in this state for the payment, processing, and adjustment of the claims of the fund or funds which it represents.
36-85-12. (a) The Commissioner may revoke, suspend, or refuse to issue or renew the certificate of authority of any agency when and if, after investigation, he finds that:
(1) Any certificate of authority issued to the agency was obtained by fraud:
(2) There was any material misrepresentation in the aplication for the certificate of authority;
(3) The agency, any fund established by the agency, the administrator of a fund, or any marketing representative has otherwise shown itself to be untrustworthy or incompetent;
(4) The agency, any fund established by the agency, the administrator of a fund, or any marketing representative has violated any of the provisions of this chapter or the rules and regulations of the Commissioner promulgated pursuant to this chapter;
(5) The agency, any fund established by the agency, or the administrator of a fund has misappropriated, converted, illegally withheld, or refused to pay over upon proper demand any moneys which belong to a member or a person otherwise entitled thereto and which have been entrusted to the agency, fund, or administrator in its fiduciary capacities; or
(6) The agency or any fund established by the agency is found to be in an unsound condition or in such condition as to render its future transaction of business in this state hazardous to its members.
(b) Before the Commissioner shall revoke, suspend, or refuse to issue or renew the cer tificate of authority of any agency, he shall give the agency an opportunity to be fully heard and to introduce evidence in its behalf. In lieu of revoking, suspending, or refusing to issue or renew the certificate of authority of any agency for any of the causes enumerated in this Code section, after hearing as provided in this Code section, the Commissioner may place the fund and its administrator on probation for a period of time not to exceed one year when, in his judgment, he finds that the public interest and the interests of the fund's mem bers would not be harmed by the continued operation of the fund. At any hearing provided for by this Code section, the Commissioner or his designee shall have authority to adminis ter oaths to witnesses. Any witness testifying falsely after taking an oath commits the offense of perjury.
(c) No fund shall be voluntarily dissolved or otherwise voluntarily cease to function unless:
(1) Written approval is first obtained from the Commissioner; and
(2) The Commissioner determines that all claims and other legal obligations of the fund have been paid or that adequate provisions for such payment have been made.
36-85-13. Interlocal risk management agencies and funds established by such agencies shall be exempt from state and local taxes and fees.
36-85-14. The Commissioner shall have the authority to require and conduct periodic examinations to verify the solvency of funds in the same manner and under the same condi tions as insurers are examined under Chapter 2 of Title 33.
36-85-15. (a) If the assets of a fund are at any time insufficient to enable a fund to discharge its legal liabilities and other obligations and to maintain the reserves and surplus required of it under this chapter, the agency shall forthwith make up the deficiency or levy an assessment upon the members of the fund for the amount needed to make up the deficiency.

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(b) If the agency fails to make up the deficiency or to make the required assessment of the fund members within 30 days after the Commissioner orders it to do so or if the defi ciency is not fully made up within 60 days after the date on which any such assessment is made or within such longer period of time as may be specified by the Commissioner, the fund shall be deemed to be insolvent and shall be proceeded against in the same manner as are domestic insurers under Chapter 37 of Title 33; and the Commissioner shall have the same powers and limitations in such proceedings as are provided under that chapter, except as otherwise provided for in this chapter.
(c) If the liquidation of a fund is ordered, an assessment shall be levied upon its mem bers for such an amount as the Commissioner determines to be necessary to discharge all liabilities of the fund, including the reasonable costs of liquidation.
36-85-16. The Commissioner shall have authority to promulgate rules and regulations to effectuate the provisions of this chapter.
36-85-17. Any party which is aggrieved by any act, determination, order, or any other action of the Commissioner taken pursuant to this chapter may request a hearing before the Commissioner or otherwise proceed in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
36-85-18. An interlocal risk management agency shall maintain at all times a contract or contracts of specific excess insurance and aggregate excess insurance in amounts which shall be determined by the Commissioner.
36-85-19. Each fund established under this chapter shall have an annual audit of its books and accounts performed by a certified public accountant. Such audit shall be con ducted in accordance with generally accepted accounting principles. A copy of such audit shall be made available to fund members.
36-85-20. The exercise by a municipality or county of the authority provided in this chapter 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.
Senator Allgood of the 22nd moved that the Senate agree to the House substitute to SB 369.
On the motion, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Brantley Broun of 46th Brown of 47th Bryant Burton Coverdell Dawkins Deal Dean Engram

Fincher Foster Garner Gillis Harris Hine Holloway Howard Huggins Kennedy Kidd Land Langford McGill McKenzie

Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Timmons Tolleson Trulock Turner Tysinger Walker

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Those not voting were Senators:

Bond Bowen Brannon Cobb

Coleman English Greene Harrison

Horton Hudgins Tate

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 369.

The following bills of the Senate and House were taken up for the purpose of consider ing the Conference Committee reports thereon:

HB 377. By Representatives Steinberg of the 46th, Childs of the 53rd, Groover of the 99th and Copeland 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.
The Conference Committee report on HB 377 was as follows:
The Committee of Conference on HB 377 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 377 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Albert Scott Senator, 2nd District
/s/ Nathan Deal Senator, 49th District
/s/ Richard Greene Senator, 26th District

FOR THE HOUSE OF REPRESENTATIVES:
/&/ Cathy Steinberg Representative, 46th District
/s/ Peggy Childs Representative, 53rd District
/a/ Denmark Groover Representative, 99th District

Conference Committee substitute to HB 377:

A BILL
To be entitled an Act 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 custody issues may be presented to the court; to provide for ratification of such agreement except under certain conditions; to authorize the court to supplement the agreement under certain conditions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions affecting child custody proceedings, is amended by adding at the end of said article a new Code section, to be designated Code Section 19-9-5, to read as follows:
"19-9-5. (a) In all proceedings under this article between parents, it shall be expressly permissible for the parents of a minor child to present to the court an agreement respecting any and all issues concerning custody of the minor child. As used in this Code section, the term 'custody' shall not include payment of child support.

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(b) The court shall ratify the agreement and make such agreement a part of the court's final judgment in the proceedings unless the court makes specific factual findings that the agreement would not be in the best interests of the child or children.
(c) In its judgment, the court may supplement the agreement on issues not covered by such agreement."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Scott of the 2nd moved that the Senate adopt the Conference Committee re port on HB 377.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bond Brantley Broun of 46th n Brown ofr 4,n7tih BBuryrtaonnt
Coverdell
Deal
Dean
English Engram

Fincher Foster Gillis Greene Harris Hine Holloway THTowardJ HHuugdggiinnss
Kennedy
Kidd
Land
Langford McGill

McKenzie Peevy Perry Ray Reddish Scott of 2nd 0 ., t QC ., QOCOtt OI 36th T,tiamrmr ons
Tolleson
Trulock
Turner
Tysinger Walker

Voting in the negative were Senators Barnes and Dawkins.

Those not voting were Senators:

Bowen Brannon Cobb Coleman

Garner Harrison Horton

Phillips Stumbaugh Tate

On the motion, the yeas were 44, nays 2; the motion prevailed, and the Senate adopted the Conference Committee report on HB 377.

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.

The Conference Committee report on SB 465 was as follows:

The Committee of Conference on SB 465 recommends that both the Senate and the

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House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 465 be adopted.
Respectfully submitted,

FOR THE SENATE:
Is/ Terrell A. Starr Senator, 44th District
/a/ Floyd Hudgins Senator, 15th District
/s/ Pierre Howard Senator, 42nd District

FOR THE HOUSE OF REPRESENTATIVES:
Is/ Joe Mack Wilson Representative, 20th District
/s/ William J. Dover Representative, llth District
/s/ Tyrone Brooks Representative, 34th District

Conference Committee substitute to SB 465:

A BILL
To be entitled an Act to repeal in its entirety Code Section 49-4-17.1 of the Official Code of Georgia Annotated, relating to establishment of pilot community work experience programs for persons receiving aid to families with dependent children; to amend Article 5 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to aid to families with dependent children, so as to provide for an employment services program for persons receiving such assistance; to provide for transportation, child care, and other support ser vices to participants in such program; to provide for mandatory registration and participa tion of recipients of assistance in the program and to provide for exceptions to such mandatory participation; to provide that employers providing employment under the pro gram shall be civilly liable only under certain circumstances; to provide for insurance of risks arising out of the program; to provide for state-wide or partial implementation of the program; to provide for reports regarding the program; to provide for the continuation of certain community work experience programs; to provide for all related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 49-4-17.1, which reads as follows:
"49-4-17.1. (a) The General Assembly finds that, pursuant to newly amended Section 409 of the federal Social Security Act, the states have been given wide latitude to establish community work experience programs for unemployed persons receiving aid to families with dependent children. Such programs could be a valuable means for these recipients to gain work experience while at the same time making valuable contributions to those communities whose tax dollars help support them.
(b) The Department of Human Resources shall establish pilot community work experi ence programs in which unemployed persons receiving aid to families with dependent chil dren under this article shall be required to participate in order to be included in their public assistance grant. The programs shall provide work training and experience for such persons who are not otherwise able to obtain employment in order to assist them to move into regu lar or private employment and become self-supporting. These programs shall be limited to projects which serve a useful public purpose in fields which include, without being limited to, health, social service, environmental protection, education, urban and rural development and redevelopment, welfare, recreation, public facilities, public safety, and day care.",
is repealed in its entirety.
Section 2. Article 5 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated,

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relating to aid to families with dependent children, is amended by adding a new Code Sec tion 49-4-108 to read as follows:
"49-4-108. (a) The department shall develop and implement an employment services program for persons receiving assistance under this article. This employment services pro gram shall be known as the Positive Employment and Community Help (PEACH) Program. The program shall include such educational programs, vocational skills programs, work ex perience programs, on-the-job training programs, and job search and job development pro grams as are determined by the department to best promote the goals of employability and employment of such persons, subject to the requirements of this Code section.
(b) To the maximum extent possible the employment services program shall provide for all transportation, child care, and other support services necessary to enable participants in the program to participate therein without personal hardship or hardship to other members of their families, as determined by the department.
(c) Assistance under this article shall be terminated if a recipient refuses to register for or participate in the employment services program, but mandatory participation shall not be required in the case of any recipient who:
(1) Is physically or mentally unable to participate;
(2) Is unable to obtain transportation required for participation and is not provided transportation or funds for transportation as a part of the program;
(3) Is unable to obtain child care services required for participation and is not provided child care services or funds for child care as a part of the program; or
(4) Is unable to participate in the program or would suffer undue hardship in partici pating in the program for such other reasons as may be specified by the department.
(d) No recipient shall be required to participate in any work experience or on-the-job training program unless such program meets the requirements of either paragraph (1) or paragraph (2) of this subsection.
(1) Participation in a work experience or on-the-job training program may be uncompensated, provided that:
(A) No recipient shall be required to engage in such a program without compensation for any period in excess of six months in any one placement;
(B) No recipient shall be required to engage in such a program without compensation unless such program is, as determined by the department, designed to and likely to result in the participant's obtaining compensated employment; and
(C) No recipient shall be required to engage in such a program without compensation unless alnl chnilida care needas anda tiransporitait:ion needs of the participant are met as specified in subsection (c) of this Code section; and
(2) Participation in a work experience or on-the-job training program may be compen sated, provided that:
(A) No recipient shall be required to engage in such a program for compensation unless the recipient is paid at least the federal minimum wage for such participation, provided that this requirement shall apply only to the extent that the federal minimum wage law would apply to such employment if such employment was provided by private contractual agree ment rather than pursuant to this Code section; and
(B) No recipient shall be required to engage in such a program for compensation unless such program is, as determined by the department, designed to and likely to result in the participant's retaining compensated employment.
(e) Notwithstanding any other contrary provision of law, an employer employing a par ticipant under a program provided for in this Code section, whether such employment is compensated or uncompensated, shall not be liable to the participant or to any other person

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for any injury, accident, or death arising out of and in the course of such employment unless such injury is caused by the employer's wanton or willful recklessness or is caused by an intentional act of the employer, provided that provision of public or private insurance cover ing any risk shall waive this qualified immunity to the extent of such insurance coverage. The provisions of this subsection shall, however, be subject to any inconsistent provisions of Chapter 9 of Title 34, relating to workers' compensation, in any situation in which Chapter 9 of Title 34 applies.
(f) The department is authorized to, but shall not be required to, purchase and provide insurance coverage with respect to any of the following:
(1) Liability of participants in the employment services program for damages arising from participation in the program; and
(2) Liability of public and private employers providing compensated or uncompensated employment under the program for damages arising from the provision of such employment.
(g) The department may provide for prompt state-wide implementation of this Code section if the department determines that it is feasible to do so. If the department deter mines that prompt state-wide implementation of this Code section is not feasible, the de partment shall in any event promptly proceed to implement this Code section in such coun ties as is feasible and shall proceed with state-wide implementation as rapidly as is feasible.
(h) The department shall submit a report by January 1, 1987, by September 1, 1987, and by September 1 of each year thereafter. That report shall be submitted to the Speaker of the House of Representatives, the members of the House Ways and Means Committee, the Lieutenant Governor, and the members of the Senate Human Resources Committee. This report shall include but not be limited to the following information regarding the pro gram required by this Code section and based on the previous fiscal year:
(1) The expenses of administering the program, detailing such expenses as child care, transportation, meals, personnel, tuition grants, and employer liability costs;
(2) The number of recipients who registered for the program;
(3) The number of recipients who participated in the program;
(4) The number of participants in the program who left the Aid to Families with De pendent Children rolls, the reason for leaving, and how many former participants in the program have returned to the Aid to Families with Dependent Children rolls within 12 months and within 24 months after leaving those rolls;
(5) The cost per participant under the program; and
(6) The projected savings of the program.
(i) Any community work experience program established and existing under Code Sec tion 49-4-47.1 on June 30, 1986, may continue after that date as a PEACH Program pursu ant to this Code section notwithstanding the repeal of Code Section 49-4-47.1."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Senator Howard of the 42nd moved that the Senate adopt the Conference Committee report on SB 465.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Bond Brantley Broun of 46th

Brown of 47th Bryant Burton Cobb Coleman Dawkins

Dean English Engram Foster Garner Gillis

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Greene Harris Hine Holloway Horton Howard Hudgins Huggins Kennedy

Kidd Land Langford McKenzie Peevy Perry Phillips Ray Reddish

Scott of 2nd Scott of 36th Starr Tate Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Barker Barnes Bowen Brannon

Coverdell Deal Fincher Harrison

McGill Stumbaugh Timmons

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on SB 465.

Senator Kennedy of the 4th, President Pro Tempore, resumed the Chair.

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.

The Conference Committee report on HB 1177 was as follows:

The Committee of Conference on HB 1177 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1177 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Harrill L. Dawkins Senator, 45th District
/s/ Culver Kidd Senator, 25th District
/s/ R. T. Phillips Senator, 9th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Troy Athon Representative, 57th District
/s/ E.M. Childers Representative, 15th District
/s/ Jim Pannell Representative, 122nd District

Conference Committee substitute to 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

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2157

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."
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 discovering violations by a nursing home administrator of the rules, regulations, or statutes of the Department of Medical As sistance or the Department of Human Resources, provided that the board shall investigate those violations only after revocation, limitation, or restriction of participation of the nurs ing home of which such individual is the administrator 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

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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;
(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.
Senator Dawkins of the 45th moved that the Senate adopt the Conference Committee report on HB 1177.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood

Baldwin Bond

Bowen Brantley

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2159

Broun of 46th Brown of 47th Bryant Burton Cobb
Coverdell, Dawkins Deal Dean Engram Foster Gillis

Greene Harris Hine Holloway Horton
Ki"dfdl ns Langford McGill McKenzie Peevy Perry Phillips

Ray Reddish Scott of 2nd Scott of 36th Starr
S_,tumbaug5h a
lolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Barker Barnes Brannon English

Fincher Garner Harrison Howard

Hudgins Kennedy (presiding) Land Timmons

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1177.

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.

The Conference Committee report on HB 850 was as follows:

The Committee of Conference on HB 850 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 850 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Culver Kidd Senator, 25th District
/s/ Gene Walker Senator, 43rd District
/s/ Max R. Brannon Senator, 51st District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Tommy Chambless Representative, 133rd District
/s/ E.M. Childers Representative, 15th District
/s/ Bobby Eugene Parham Representative, 105th District

Conference Committee substitute to HB 850:

A BILL
To be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for the review of all proposed legisla tion licensing or certifying a business or a profession not currently licensed or certified by the state; to provide for a short title; to provide for legislative purpose; to provide for defini tions; to provide for the Georgia Occupational Regulation Review Council and its composi-

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tion, duties, and functions; to provide an expense and mileage allowance; to provide proce dures for review of certain proposed legislation; to provide for criteria for review; to provide for factors to be considered in determining the need for regulation; to require explanations regarding certain factors; to provide for recommended methods of regulation; to provide for construction; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by adding immediately following Chapter 1 thereof a new Chap ter 1A to read as follows:
"CHAPTER 1A
43-1A-1. This chapter shall be known and may be cited as the 'Georgia Occupational Regulation Review Law.'
43-1A-2. The General Assembly finds that the need for and the effectiveness of estab lishing occupational licensure and certification in this state has not been systematically eval uated. It is the purpose of this chapter to ensure that no programs of licensure and certifica tion shall hereafter be imposed upon any profession or business unless required for the safety and well-being of the citizens of the state.
43-1A-3. As used in this chapter, the term:
(1) 'Applicant group' means any business or professional group or organization, any individual or any other interested party which proposes that any business or professional group not presently regulated be regulated by the state.
(2) 'Certificate' or 'certification' means a voluntary process by which a statutory regula tory entity grants recognition to an individual who has met certain prerequisite qualifica tions specified by that regulatory entity and who may assume or use 'certified' in the title or designation to perform prescribed occupational tasks.
(3) 'Council' means the Georgia Occupational Regulation Review Council.
(4) 'Grandfather clause" means a provision in a regulatory statute applicable to individ uals engaged in the regulated business or profession prior to the effective date of the regula tory statute which exempts the individuals from meeting prerequisite qualifications set forth in the regulatory statute to perform prescribed occupational tasks.
(5) 'Legislative committee of reference' means the standing legislative committee desig nated by the Speaker of the House of Representatives or the President of the Senate to consider proposed legislation introduced in their respective houses of the General Assembly to regulate any business or occupation not previously regulated.
(6) 'License,' 'licensing,' or 'licensure' means authorized to engage in a business or pro fession which would otherwise be unlawful in the state in the absence of authorization. A license is granted to those individuals who meet prerequisite qualifications to perform pre scribed business or professional tasks, who use a particular title, or who perform those tasks and use a particular title.
(7) 'Regulate' or 'regulation' means the process of licensure or certification as defined in this Code section.
(8) 'Regulatory entity' means any state agency which regulates one or more professions, occupations, industries, businesses, or other endeavors in this state.
(9) 'State agency' means each state board, bureau, commission, department, division, office, or other separate unit of state government created or established by law.
43-1A-4. (a) There is created the Georgia Occupational Regulation Review Council,
(b) The council shall consist of ten members:
(1) The Comptroller General or his designee;

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(2) The Secretary of State or his designee;
(3) The commissioner of the Department of Human Resources or his designee;
(4) The director of the Office of Planning and Budget or his designee;
(5) The commissioner of the Department of Natural Resources or his designee;
(6) The commissioner of the Department of Revenue or his designee;
(7) The Commissioner of Agriculture or his designee;
(8) The administrator of the 'Fair Business Practices Act of 1975' or his designee;
(9) The chairperson of the legislative committee of reference or that person's designee from that committee, but only when legislation referred by such committee is being consid ered by the council; and
(10) The chairperson of that standing committee of the General Assembly appointed by the presiding officer thereof pursuant to subsection (b) of Code Section 43-1A-5 or that chairperson's designee from that committee, but only when legislation of which that presid ing officer was notified under that subsection (b) is being considered by the council.
(c) The director of the Office of Planning and Budget or his designee shall serve as chairperson of the council.
(d) Legislative members of the council appointed thereto pursuant to paragraphs (9) and (10) of subsection (b) of this Code section shall receive for their attendance of meetings of the council the same expense and mileage allowance authorized for legislative members of interim legislative committees.
43-1A-5. (a) It shall be the duty of the council to review all bills introduced in the General Assembly to license or certify a profession or business, which is not currently li censed or certified by the state, based on the criteria outlined in Code Section 43-1A-6.
(b) The chairperson of the legislative committee of reference shall provide written noti fication to the council of any proposed legislation introduced in that house of the General Assembly of which that committee is a standing committee if that legislation provides for the licensure or certification of a business or profession not currently licensed or certified by the state. That chairperson at the same time shall provide written notification of that legis lation to the presiding officer of the house of the General Assembly in which that legislation was not introduced, and that presiding officer shall then appoint the chairperson of a stand ing committee of that house to serve as a member of the council for the purpose of consider ing that legislation, except that the chairperson so appointed may instead designate another member of that standing committee to serve as a member of the council for that purpose. Within a period of time not to exceed nine months from the date of such notification to the council, but in no event later than the convening date of the next succeeding regular session of the General Assembly, the council shall provide a formal report evaluating the need to regulate the business or profession based on the factors and information provided under Code Section 43-1A-7 to the chairperson of the legislative committee of reference, the com mittee chairperson appointed to the council pursuant to paragraph (10) of subsection (b) of Code Section 41-1A-4, the presiding officers of the House of Representatives and the Senate, and the legislative counsel. If the council determines a need for regulation, the report shall recommend an appropriate type of regulation and an appropriate state agency to oversee the regulation.
(c) The council shall work with the applicant group, the legislative committee of refer ence, and other interested parties in formulating its formal report.
43-1A-6. All bills introduced in the General Assembly to newly regulate a profession or business should be reviewed according to the following criteria. In evaluating whether a profession or business shall hereafter be regulated, the following factors shall be considered:
(1) Whether the unregulated practice of an occupation may harm or endanger the

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health, safety, and welfare of citizens of the state and whether the potential for harm is recognizable and not remote;
(2) Whether the practice of an occupation requires specialized skill or training and whether the public needs and will benefit by assurances of initial and continuing occupa tional ability;
(3) Whether the citizens of this state are or may be effectively protected by other means; and
(4) Whether the overall cost effectiveness and economic impact would be positive for citizens of the state.
43-1A-7. After July 1, 1986, applicant groups and other interested parties shall explain in writing each of the following factors to the extent requested by the council and the legis lative committee of reference:
(1) A definition of the problem and why regulation is necessary:
(A) The nature of the potential harm to the public if the business or profession is not regulated, and the extent to which there is a threat to public health and safety; and
(B) The extent to which consumers need and will benefit from a method of regulation identifying competent individuals engaged in the business or profession;
(2) The efforts made to address the problem:
(A) Voluntary efforts, if any, by members of the business or profession to establish a code of ethics or help resolve disputes between the business or professional group and con sumers; and
(B) Recourse to and the extent of use of applicable law and whether it could be strengthened to control the problem;
(3) The alternatives considered:
(A) Regulation of business or professional employers rather than employees;
(B) Regulation of the program or service rather than the individuals;
(C) Registration of all individuals;
(D) Certification of all individuals;
(E) Other alternatives;
(F) Why the use of the alternatives specified in this paragraph would not be adequate to protect the public interest; and
(G) Why licensure would serve to protect the public interest;
(4) The benefit to the public if regulation is granted:
(A) The extent to which the incidence of specific problems present in the unregulated business or profession can reasonably be expected to be reduced by regulation;
(B) Whether the public can identify qualified individuals;
(C) The extent to which the public can be confident that regulated individuals are competent:
(i) Whether the proposed regulatory entity would be a board composed of members of the profession and public members, or a state agency, or both and, if appropriate, their respective responsibilities in administering the system of certification or licensure, including the composition of the board; the powers and duties of the board or state agency regarding examinations, investigations, and the disciplining of certified or licensed individuals; the promulgation of rules and a code of ethics; and how fees would be levied and collected to cover the expenses of administering and operating the regulatory system;
(ii) If there is a grandfather clause, whether such individuals will be required to meet the prerequisite qualifications established by the regulatory entity at a later date;

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(iii) The nature of the standards proposed for certification or licensure as compared with the standards of other jurisdictions;
(iv) Whether the regulatory entity would be authorized to enter into reciprocity agree ments with other jurisdictions; and
(v) The nature and duration of any training and whether applicants will be required to pass an examination; and, if an examination is required, by whom it will be developed and how the cost of development will be met; and
(D) Assurance to the public that regulated individuals have maintained their competence:
(i) Whether the certification or license will carry an expiration date; and
(ii) Whether renewal will be based only upon payment of a fee or whether renewal will involve reexamination, satisfactory completion of continuing education, peer review, or other enforcement;
(5) The extent to which regulation might harm the public:
(A) The extent to which regulation might restrict entry into the business or profession and whether the proposed standards are more restrictive than necessary to ensure safe and effective performance; and
(B) Whether there are similar professions to that of the applicant group which should be included in, or portions of the applicant group which should be excluded from, the pro posed legislation;
(6) A description of the group proposed for regulation, including a list of associations, organizations, and other groups representing the business or profession in this state, an esti mate of the number of individuals in each group, and whether the groups represent different levels of business or professional activity;
(7) The expected cost of regulation:
(A) The impact regulation might have on the costs of service to the public;
(B) The impact regulation might have on various types of insurance; and
(C) The initial and long-term cost to the state and to the general public of implement ing the proposed legislation; and
(8) Any additional information requested by the council or the legislative committee of reference.
43-1A-8. After evaluating the report of the council and any other desired information based on the criteria outlined in Code Section 43-1A-6 and considering governmental and societal costs and benefits, if the General Assembly finds that it is necessary to regulate a business or profession not previously regulated by law, the most appropriate alternative method of regulation should be implemented, consistent with the public interest and this Code section:
(1) Where the consumer may have a substantial basis for relying on the services of a profession or business, a system of certification should be implemented;
(2) Where apparent that adequate regulation cannot be achieved by means other than licensing, a system of licensing should be implemented; or
(3) Where regulation as defined in this chapter is deemed too restrictive and unneces sary to protect the public health and welfare, a less restrictive means of ensuring public protection, including but not limited to stricter civil action or criminal penalties, inspection requirements, or a system of registration, may be considered.
43-1A-9. Nothing in this chapter shall be construed to limit the authority of the Gen eral Assembly to legislate as authorized by the Constitution."

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Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Kidd of the 25th moved that the Senate adopt the Conference Committee re port on HB 850.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Bond Brantley
Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Coverdell Dawkins Deal Dean

English Engram Fincher Foster Gillis Harris Hine Horton Howard Hudgins Huggins Kidd Land Langford McGill

McKenzie Peevy Perry Phillips Ray Scott of 2nd Scott of 36th Starr Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Barker Barnes Bowen Brannon

Garner Greene Harrison Holloway

Kennedy (presiding) Reddish Stumbaugh

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 850.

The following resolution of the Senate was read and adopted:

SR 505. By Senators Allgood of the 22nd, Kennedy of the 4th, Gillis of the 20th and others:
A resolution commending Honorable Julian Bond, Senator from the 39th District.

Honorable Julian Bond, Senator of the 39th District, briefly addressed the Senate.

The President resumed the Chair.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House insists on its position in disagreeing to the Senate amendment, and has

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appointed a Committee of Conference on the part of the House to confer with a like com mittee on the part of the Senate on the following resolution of the House:
HR 689. By Representative Kingston of the 125th:
A resolution compensating Mr. M. C. Nettles.
The Speaker has appointed on the part of the House, Representatives Colwell of the 4th, Morton of the 47th and Kingston of the 125th.
The House recedes from its disagreement and has agreed to the Senate substitute, as amended, to the following bill of the House:
HB 1953. By Representatives Murphy of the 18th, Burruss of the 20th, McDonald of the 12th, Phillips of the 120th and Lee of the 72nd:
A bill to amend Code Section 45-9-4 of the Official Code of Georgia Annotated, relating to state liability insurance and self-insurance, so as to provide for insur ing and self-insuring liability of officers of the state for separate insurance and self-insurance in connection with abatement and removal of asbestos and other hazardous materials from state facilities.
The House has agreed to the Senate substitute, as amended, to the following bill of the House:
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.
The House has adopted, as amended, by the requisite constitutional majority the fol lowing resolution of the Senate:
SR 447. By Senators Harrison of the 37th, Tolleson of the 32nd, Brantley of the 56th and others:
A resolution creating the Cobb County Local Governments Study Committee.
The House has adopted by the requisite constitutional majority the following resolution of the House:
HR 987. By Representatives Childs of the 53rd, Richardson of the 52nd, Williams of the 54th and Brooks of the 34th:
A resolution urging the United States Postmaster General to commission a stamp commemorating Karl Wallenda.
Senator Garner of the 30th introduced the doctor of the day, Dr. John Godard, of Carrollton, Georgia.

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The following bills of the Senate were taken up for the purpose of considering the House substitutes thereto:
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.
The House substitute to SB 296 was as follows:
A BILL
To be entitled an Act to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to authorize the Secretary of State to prepare and publish certain notices and advertisements; to change the provisions relating to eligibility of registrars, dep uty registrars, and members of county boards of elections for nomination for or service in public office; to prohibit certain officers from engaging in certain political activity; to pro vide for certain registration deadlines for special primaries and special elections; to reenact certain provisions prohibiting the conducting of any exit poll or public opinion poll with voters within 250 feet of a polling place; to provide for certain exceptions to restrictions on campaign activities and public opinion polling within the vicinity of a polling place; to pro vide that petitions for automatic recounts shall be filed with the Secretary of State if the recount involves a federal or state office and with the county election superintendent if the recount involves a county office; to provide that in the case of recounts based upon discrep ancies or errors not apparent on the face of the returns, candidates for the offices of Gover nor, Lieutenant Governor, Secretary of State, Attorney General, State School Superinten dent, Comptroller General, Commissioner of Agriculture, and Commissioner of Labor may petition the Constitutional Officers Election Board for a recount; to authorize the Constitu tional Officers Election Board to order a recount or recanvass; to change and clarify certain provisions relating to publishing the call of special elections; to change the provisions relat ing to eligibility of municipal registrars, deputy registrars, and members of boards of elec tions for nomination for or service in public office; to prohibit certain officers from engaging in certain political activity; to provide for certain registration deadlines for special munici pal primaries and special elections; to reenact certain provisions prohibiting the conducting of any exit poll or public opinion poll with voters within 250 feet of a municipal polling place; to provide for certain exceptions to restrictions on campaign activities and public opinion polling within the vicinity of a municipal polling place; 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 paragraphs (10) and (11) of Code Section 21-2-50, relating to powers and duties of the Secretary of State, and inserting in their place new paragraphs (10), (11), and (12) to read as follows:
"(10) To prepare and provide a notice to all candidates for federal or state office advis ing such candidates of such information, to include requirements of this chapter, as may, in the discretion of the Secretary of State, be conducive to the fair, legal, and orderly conduct of primaries and elections. A copy of such notice shall be provided to each superintendent for his further distribution to candidates for county and militia district offices;
(11) To conduct training sessions at such places as he deems appropriate in each year, for the training of registrars and superintendents of elections; and
(12) To prepare and publish, in the manner provided in this chapter, all notices and advertisements in connection with the conduct of elections which may be required by law."

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Section 2. Said title is further amended by striking subsection (a) of Code Section 21-2213, relating to qualifications of registrars and deputy registrars, and inserting in its place a new subsection (a) to read as follows:
"(a) Registrars and deputy registrars shall be electors of the county in which they are appointed and shall be able to read, write, and speak the English language. No person, while serving as a member of a county board of registrars, deputy registrar, or member of a county board of elections, or within a period of six months after so serving, shall be eligible for any nomination or office to be voted for at a general primary or general election or to qualify for any nomination or office or to have such person's name placed on any general primary or general election ballot pursuant to Code Sections 21-2-132 and 21-2-153 or to give notice of his intention of write-in candidacy, provided, however, that this ineligibility shall not apply to a tax commissioner or tax collector or to any candidate for such office of tax commis sioner or tax collector. No person who is a member of a county board of registrars, deputy registrar, or member of a county board of elections shall be eligible for any nomination or office to be voted for at a special primary or special election or to qualify for any nomination or office or to have such person's name placed on any special primary or special election ballot pursuant to Code Sections 21-2-132 and 21-2-153 or to give notice of such person's intention of write-in candidacy until such person shall have resigned and is no longer serv ing as a registrar, deputy registrar, or member of a county board of elections. However, nothing contained in this Code section shall preclude a member of a county board of regis trars, deputy registrar, or member of a county board of elections from qualifying for, or having such person's name placed on the ballot, or holding office in a political party or body or serving as a presidential elector. No member of a county board of elections, board of registrars, or deputy registrar, while conducting the duties of such person's office, shall en gage in any political activity on behalf of a candidate, political party or body, or question, including, but not limited to, distributing campaign literature, engaging in any communica tion that advocates or criticizes a particular candidate, officeholder, or political party or body, and wearing badges, buttons, or clothing with partisan messages."
Section 3. Said title is further amended by striking Code Section 21-2-228, relating to registration of persons to vote in special primaries and elections, and inserting in its place a new Code Section 21-2-228 to read as follows:
"21-2-228. Any person who has registered for a general primary or election, if otherwise qualified to vote at any special primary or election occurring before the next November election, shall be listed and entitled to vote at such special primary or election. At the close of the registrars' business on the fifth day, if such date is a Sunday or a legal holiday, then on the next following business day, after the call of such special primary or election, the registrars shall cease taking applications from persons desiring to register to vote therein and proceed to examine the qualifications of the applicants in the same manner as provided in this article with reference to applicants desiring to qualify to vote in November elections, except when a special primary or special election is held at the same time as the general primary, the registration deadline for the special primary or special election shall be the same as the general primary, and when a special primary or special election is held at the same time as the general election, the registration deadline for the special primary or special election shall be the same as the general election. The registrars shall then prepare a supple mental list showing the names of additional electors who are entitled to vote at such special primary or election, and any person whose name appears on such list may vote at such special primary or election, subject to the limitations prescribed in the proviso contained in the first sentence of Code Section 21-2-235; but the registrars shall purge such list, before filing it, of all persons who will not be qualified to vote, in the same manner as provided with reference to the list for a November election. A certified list so prepared, arranged alphabetically, and divided according to precincts as in the case of November election lists shall be filed with the clerk of the superior court and the Secretary of State within ten days after the call of such special primary or election. The registrars shall determine and place on the official electors list each elector's proper congressional district, state Senate district, state House district, county commissioner district, if any, and county school board district,

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if any, and, if the county maintains the electors list for municipalities within the county, the registrar shall also determine the proper city commission, city council, or other such munici pal district for all electors residing in such municipalities. It shall be the duty of the regis trars upon the call of a special primary or election to purge the list of electors prepared for the last November election of any names subsequently disqualified for any reason and to furnish the poll officers of such special primary or election two lists, one composed of the names of electors entitled to vote by reason of their registration for the last November elec tion and the other made up of the names of those entitled to vote by reason of their subse quent registration as provided in Code Section 21-2-227, subject to the limitations pre scribed in the proviso contained in the first sentence of Code Section 21-2-235. No one shall be entitled to vote in such special primary or election unless his name is on one of the lists furnished by the registrars. The registrars may combine such lists."
Section 4. Said title is further amended by striking Code Section 21-2-414, relating to restrictions on campaign activities and public opinion polling within the vicinity of a polling place, and inserting in its place a new Code Section 21-2-414 to read as follows:
"21-2-414. (a) No person shall solicit votes in any manner or by any means or method, nor shall any person distribute any campaign literature, newspaper, booklet, pamphlet, card, sign, or any other written or printed matter of any kind, nor shall any person conduct any exit poll or public opinion poll with voters on any primary or election day within 250 feet of any polling place or of the outer edge of any building within which such polling place is established, whichever distance is greater.
(b) No person shall solicit signatures for any petition on any primary or election day within 250 feet of any polling place or of the outer edge of any building within which such polling place is established, whichever distance is greater.
(c) This Code section shall not be construed to prohibit a poll officer from distributing materials, as required by law, which are necessary for the purpose of instructing electors or from distributing materials prepared by the Secretary of State which are designed solely for the purpose of encouraging voter participation in the election being conducted.
(d) Any person who violates this Code section shall be guilty of a misdemeanor.
(e) This Code section shall not apply to conduct occurring wholly within any privately owned residence, privately owned business, or privately owned building which is not being used as a polling place."
Section 5. Said title is further amended by striking subsections (c) and (d) of Code Section 21-2-495, relating to procedures for a recount or recanvass of votes, and inserting in their places new subsections (c) and (d) to read as follows:
"(c) Whenever the difference between the number of votes received by a candidate who has been declared nominated for an office in a primary election or who has been declared elected to an office in an election or who has been declared eligible for a run-off primary or election, and the number of votes received by any other candidate or candidates not de clared so nominated or elected or eligible for a runoff shall be not more than 1 percent of the total votes which were cast for such office therein, any candidate or candidates receiving a sufficient number of votes so that the difference between his vote and that of a candidate declared nominated, elected, or eligible for a runoff is not more than 1 percent of the total votes cast, within a period of five days following the certification of the election results, shall have the right to a recount of the votes cast, if such request is made in writing by the losing candidate. If the office sought is a federal or state office voted upon by the electors of more than one county, the request shall be made to the Secretary of State who shall notify the superintendents of the several counties involved of the request. In all other cases, the re quest shall be made to the superintendent. The superintendent or superintendents shall order a recount of such votes to be made immediately. If upon such recount, it is deter mined that the original count was incorrect, the returns and all papers prepared by the superintendent, the superintendents, or the Secretary of State shall be corrected accordingly and the results recertified.

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(d) Any other provision of this Code section to the contrary notwithstanding, a candi date for a federal or state office voted upon by the electors of more than one county, except the offices of Governor, Lieutenant Governor, Secretary of State, Attorney General, State School Superintendent, Comptroller General, Commissioner of Agriculture, and Commis sioner of Labor, may petition the Secretary of State for a recount or recanvass of votes, as appropriate, when it appears that a discrepancy or error, although not apparent on the face of the returns, has been made. The recount or recanvass may be ordered in the discretion of the Secretary of State in any and all counties in which electors voted for such office, and said recount or recanvass may be held at any time prior to the certification of the consoli dated returns by the Secretary of State. A candidate for the office of Governor, Lieutenant Governor, Secretary of State, Attorney General, State School Superintendent, Comptroller General, Commissioner of Agriculture, or Commissioner of Labor may petition the Constitu tional Officers Election Board for a recount or recanvass of votes, as appropriate, when it appears that a discrepancy or error, although not apparent on the face of the returns, has been made. The Constitutional Officers Election Board may order, in its discretion, a re count or recanvass in any and all counties in which the electors voted for such office and said recount or recanvass may be held at any time prior to the certification of the returns by the Constitutional Officers Election Board. A recount or recanvass shall be conducted by the appropriate superintendent or superintendents in the manner and pursuant to the proce dures otherwise provided in this Code section for a recount or recanvass, as appropriate. The petition pursuant to this Code section shall be in writing and signed by the person or persons requesting the recount or recanvass. A petition shall set forth the discrepancies or errors and any evidence in support of the petitioner's request for a recount or recanvass and shall be verified. The Secretary of State or the Constitutional Officers Election Board, as appropriate, may require the petitioner or other persons to furnish additional information concerning the apparent discrepancies or errors in the counting or canvassing of votes."
Section 6. Said title is further amended by striking Code Section 21-2-540, relating to the manner of conducting special elections generally, and inserting in its place a new Code Section 21-2-540 to read as follows:
"21-2-540. Every special election shall be held and conducted in all respects in accor dance with the provisions of this chapter relating to general elections; and the provisions of this chapter relating to general elections shall apply thereto insofar as practicable and as not inconsistent with any other provisions of this chapter. All special elections held at the time of a general election, as provided by Code Section 21-2-541, shall be conducted by the poll officers by the use of the same equipment and facilities, so far as practicable, as are used for such general election. At least 29 days shall intervene between the call of a special primary and the holding of same, and at least 29 days shall intervene between the call of a special election and the holding of same. Except as otherwise provided by this chapter, the superin tendent of each county shall publish the call of the special election. Candidates in special elections shall not be listed on the ballot according to party affiliation unless a candidate has been nominated in a special primary, in which event such a candidate shall have his name placed in a column under the name of his party."
Section 7. Said title is further amended by striking subsection (a) of Code Section 21-3121, relating to qualifications of registrars and deputy registrars for the purpose of munici pal elections, and inserting in its place a new subsection (a) to read as follows:
"(a) Registrars and deputy registrars shall be able to read, write, and speak the English language. No person, while serving as a registrar, deputy registrar, or member of a board of elections, or within a period of six months after so serving, shall be eligible to file a notice of candidacy for any nomination or office to be voted for at a general primary or general elec tion; provided, however, that this ineligibility shall not apply to a tax commissioner or tax collector or to any candidate for the office of tax commissioner or tax collector in performing the functions of a deputy to the board of registrars as provided in subsection (b) of Code Section 21-2-212. No person who is a registrar, deputy registrar, or member of a board of elections shall be eligible to file a notice of candidacy for any nomination or office to be voted for at a special primary or special election until such person shall have resigned and is

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no longer serving as a registrar, deputy registrar, or member of a board of elections. How ever, nothing contained in this Code section shall preclude a registrar, deputy registrar, or member of a municipal board of elections from qualifying for office, having such officer's name placed on the ballot, or holding office in a political party or body or serving as a presidential elector. No registrar, deputy registrar, or member of a board of elections, while performing the duties of such office, shall engage in political activity on behalf of a candi date, political party or body, or question, including, but not limited to, distributing cam paign literature, engaging in any communication that advocates or criticizes a particular candidate, officeholder, or political party or body while on duty, and wearing badges, but tons, or clothing with partisan messages."
Section 8. Said title is further amended by striking Code Section 21-3-126, relating to deadlines for receiving registration applications, and inserting in its place a new Code Sec tion 21-3-126 to read as follows:
"21-3-126. (a) Registration for municipalities electing to use county registration lists shall be as follows:
(1) The county registrar shall cease taking applications for registration from persons desiring to vote in municipal primaries or elections 30 days prior to such primary or election;
(2) The county registrar shall cease taking applications for registration from persons desiring to vote in a special primary or election on the close of the registrars' business on the fifth day after the call of such special primary or election, except when a special primary or special election is held at the same time as the general primary, the registration deadline for the special primary or special election shall be the same as the general primary, and when a special primary or special election is held at the same time as the general election, the regis tration deadline for the special primary or special election shall be the same as the general election; and
(3) The municipal registrar shall, upon receipt of the county registration list, or as soon as practicable thereafter but in no event later than three days prior to such primary or election, purge such list of the names of all persons who will not be qualified to vote at such primary or election. The registrar shall certify the list and file with the city clerk a copy showing the names of electors entitled to vote at such primary or election. Any person whose name appears upon such list may vote at such primary or election, subject to the limitations prescribed in the proviso contained in the first sentence of Code Section 21-3136.
(b) Registration for municipalities maintaining their own registration lists shall be as follows:
(1) If any person whose name is not on the municipal registration list desires to vote at any primary or election, he shall, at least 15 days prior to the primary or election at which he desires to vote, or at such other time as designated by charter or ordinance, apply to be registered as an elector. The registrars shall, at least 15 days but not more than 50 days prior to such primary or election, cease taking applications to qualify persons to vote in such primary or election;
(2) Any person who has registered for a general municipal primary or election, if other wise qualified to vote at any special primary or election occurring before the next general election, shall be listed and entitled to vote at such special primary or election. At the close of the registrars' business on the fifth day (if a Sunday or a legal holiday, then on the next following business day) after the call of such special primary or election, the registrars shall cease taking applications from persons desiring to register to vote therein, except when a special primary is held at the same time as the general primary, the registration deadline for the special primary shall be the same as the general primary, and when a special election is held at the same time as the general election, the registration deadline for the special elec tion shall be the same as the general election; and
(3) The registrar shall, no later than three days prior to such primary or election, pass

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upon the electors' qualifications and file with the city clerk a certified list showing the names of those electors entitled to vote at such primary or election. Any person whose name appears upon such list may vote at such primary or election, subject to the limitations pre scribed in the proviso contained in the first sentence of Code Section 21-3-136. Before filing such list, the registrars shall purge it of the names of all persons who will not be qualified to vote at such primary or election."
Section 9. Said title is further amended by striking Code Section 21-3-321, relating to restrictions on campaign activities and public opinion polling within the vicinity of a polling place, and inserting in its place a new Code Section 21-3-321 to read as follows:
"21-3-321. (a) No person shall solicit votes in any manner or by any means or method, nor shall any person distribute any campaign literature, newspaper, booklet, pamphlet, card, sign, or any other written or printed matter of any kind, nor shall any person conduct any exit poll or public opinion poll with voters on any primary or election day within 250 feet of any polling place or of the outer edge of any building within which such polling place is established, whichever distance is greater.
(b) No person shall solicit signatures for any petition on any primary or election day within 250 feet of any polling place or of the outer edge of any building within which such polling place is established, whichever distance is greater.
(c) This Code section shall not be construed to prohibit a poll officer from distributing materials, as required by law, which are necessary for the purpose of instructing electors or from distributing materials prepared by the Secretary of State which are designed solely for the purpose of encouraging voter participation in the election being conducted.
(d) This Code section shall not apply to conduct occurring wholly within any privately owned residence, privately owned business, or privately owned building which is not being used as a polling place."
Section 10. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 11. All laws and parts of laws in conflict with this Act are repealed.

Senator Kidd of the 25th moved that the Senate agree to the House substitute to SB 296.

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
o Broun,of 4*6tuh Brown of 47th CBoubrtbon
Coleman Coverdell Dawkins Deal Dean Engram

Fincher Foster Garner Gillis Greene
Harn.son Holloway HHoowrtoarnd
Hudgins Huggins Kennedy Kidd Land Langford

McGill Peevy Perry Phillips
Rgceodtdt isrhf ,, *Stumb, augh,
Tate Tolleson Trulock Turner Tysinger Walker

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Those not voting were Senators:

Barker Bowen Brannon

Bryant English Hine

McKenzie Scott of 2nd Timmons

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 296.

Senator Kennedy of the 4th, President Pro Tempore, resumed the Chair.

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.
The House substitute to SB 375 was as follows:
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 certain candi dates by petition; to change the provisions relating to the nomination of certain candidates of political bodies by convention; to authorize a political body to nominate certain candi dates by convention; to authorize certain political bodies to nominate certain candidates for public office by convention; to provide for form and procedures in connection with petitions to qualify political bodies to nominate certain candidates for public office by convention; to provide certain restrictions 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.
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 for a state-wide office by a duly constituted political body convention as prescribed in Code Section 21-2-172 if the political body making the nomination has quali fied to nominate candidates for state-wide 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;

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2173

(7) Incumbent qualifying as a candidate to succeed such incumbent 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 riling 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 such incumbent if, prior to the election in which such incumbent was originally elected to the office for which such incum bent 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 for a state-wide office by a duly constituted political body convention, provided that the political body making the nomination has qualified to nominate candi dates for state-wide 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 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 an office which is voted upon state wide shall be signed by a number of voters equal to 1 percent of the total number of regis tered voters eligible to vote in the last election for the filling of the office the candidate is seeking and the signers of such petition shall be registered and eligible to vote in the elec tion at which such candidate seeks to be elected. A nomination petition of a candidate for any other office shall be signed by a number of voters equal to 5 percent of the total number of registered voters eligible to vote in the last election for the filling of the office the candi date is seeking and the signers of such petition shall be registered and eligible to vote in the election at which such candidate seeks to be elected. 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 registered voters in the constituency who would have been qualified to vote for such office had the election been held at the last general election and the signers of such petition shall be registered and eligible to vote in the election at which such candidate seeks to be elected."
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,

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and any political body desiring to nominate its candidates for state-wide public office by convention by virtue of qualifying under Code Section 21-2-180 shall, through its state exec utive committee, 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 chair man of such political party or body and its secretary shall accompany the filing of such rules and regulations 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 nomi nation 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. Any political body which is duly registered as provided for in Code Section 21-2-110 is qualified to nominate candidates for state-wide public office by convention if:
(1) The political body files with the Secretary of State a petition signed by voters equal in number to 1 percent of the registered voters who were registered and eligible to vote in the preceding general election; or
(2) At the preceding general election, the political body nominated a candidate for state-wide office and such candidate received a number of votes equal to 1 percent of the total number of registered voters who were registered and eligible to vote in such general election.
21-2-181. Petitions to qualify political bodies to nominate candidates for state-wide public office by convention shall file with the Secretary of State petitions signed by voters in the manner provided in this part. Such petitions shall provide sufficient space for the print ing of the voter's name and for the voter's 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 such person is a duly qualified and registered voter of the state, entitled to vote in the next election for members of the General Assembly, and shall provide with such person's signature such person's residence address and county and the date of such person's signa ture. No person shall sign the same petition more than once. Each petition shall support the qualification of only one political 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) The residence address of the circulator;
(2) That each signer manually signed such signer's 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 voters of the State of Georgia, qualified to sign the petition;

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2175

(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 for state-wide public office by convention shall not be amended or supplemented after its presentation to the Secretary of State 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. Petitions to qualify a political body to nominate candidates for state-wide public office 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 for state-wide public office 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 pre scribed in Code Section 21-2-132; 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.

Senator Kidd of the 25th moved that the Senate agree to the House substitute to SB 375.

On the motion, 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 B,,BCrouobrwtb.onn of 47th
Coleman Coverdell Dawkins Deal Dean Engram

Fincher Foster Garner Gillis Greene HTHHTiaanrrernisson
Holloway Hudgins Huggins Kidd Land Langford

McGill Peevy Perry Phillips j^av D?K,, ceodjjtdt-isonuf, 3_,,6th,
htarr Tate Trulock Turner Tysinger Walker

Those not voting were Senators:

Allgood Barker Bond Bowen Brannon

Bryant English Horton Howard Kennedy (presiding)

McKenzie Scott of 2nd Stumbaugh Timmons Tolleson

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On the motion, the yeas were 41, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 375.

The following bill of the House was taken up for the purpose of considering the House amendment to the Senate amendment thereto:

HB 1785. By Representatives Milam of the 81st, Ware of the 77th, Phillips of the 120th, Bray of the 91st and Groover of the 99th:
A bill to amend Code Section 48-5-290 of the Official Code of Georgia Annotated, relating to the creation and appointment of county boards of tax assessors, so as to change the number of members which may be appointed to a county board of tax assessors.

The House amendment was as follows:
Amend the Senate amendment to HB 1785 by adding immediately before the period on line 14 of Page 2 the following:
"and if the taxes are paid within one year following the due date".

Senator Peevy of the 48th moved that the Senate agree to the House amendment to the Senate amendment to HB 1785.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Brantley Brown of 47th Burton Cobb Coleman Coverdell Dawkins Deal Dean

Engram Fincher Foster Garner Greene Harris Harrison Hine Howard Hudgins Huggins Langford McGill McKenzie

Peevy Perry Phillips Reddish Scott of 36th Starr Stumbaugh Tate Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Bond Bowen Brannon Broun of 46th Bryant

English Gillis Holloway Horton Kennedy (presiding)

Kidd Land Ray Scott of 2nd Timmons

On the motion, the yeas were 41, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate amendment to HB 1785.

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2177

The following bill of the House was taken up for the purpose of considering the House amendment to the Senate substitute thereto:

HB 1953. By Representatives Murphy of the 18th, Burruss of the 20th, McDonald of the 12th, Phillips of the 120th and Lee of the 72nd:
A bill to amend Code Section 45-9-4 of the Official Code of Georgia Annotated, relating to state liability insurance and self-insurance, so as to provide for insur ing and self-insuring liability of officers of the state for separate insurance and self-insurance in connection with abatement and removal of asbestos and other hazardous materials from state facilities.

The House amendment was as follows:
Amend the Senate substitute to HB 1953 by adding on line 15 of Page 3 after the word "become" the following:
"or has become".
By adding on line 25 of Page 3 after the following:
"claims.",
the following:
"However, the commissioner shall incur no obligation beyond funds available then for commitment to the obligation."

Senator Dean of the 31st moved that the Senate agree to the House amendment to the Senate substitute to HB 1953.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Bowen Broun of 46th Brown of 47th Burton Cobb Coverdell Dawkins Deal Dean Engram Fincher

Foster Garner Gillis Greene Harris Harrison Hine Holloway Hudgins Kidd Land McGill McKenzie

Peevy Perry Phillips Ray Scott of 2nd Starr Stumbaugh Tate Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Baldwin Barker Barnes Bond Brannon Brantley

Bryant Coleman English Horton Howard Huggins

Kennedy (presiding) Langford Reddish Scott of 36th Timmons

On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 1953.

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JOURNAL OF THE SENATE

The following bills of the Senate were taken up for the purpose of considering the House action thereon:
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.
Senator Garner of the 30th moved that the Senate adhere to its disagreement to the House amendment to SB 400, and that a Conference Committee be appointed.
On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House amendment to SB 400.
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 Harrison of the 37th, Tolleson of the 32nd and Garner of the 30th.
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.
Senator Cobb of the 28th moved that the Senate adhere to its disagreement to the House substitute to SB 56, and that a Conference Committee be appointed.
On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House substitute to SB 56.
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 Cobb of the 28th, Kidd of the 25th and English of the 21st.
The following general bills of the House, favorably reported by the committee, were read the third time and put upon their passage:
HB 1917. By Representatives Jackson of the 9th, Murphy of the 18th, Porter of the 119th and Yeargin of the 14th:
A bill to amend Code Section 40-5-58 of the Official Code of Georgia Annotated, relating to revocations of licenses of habitual violators, so as to change the time period during which moving traffic violations will be considered for the purpose of determining habitual violator status.
Senate Sponsor: Senator Greene of the 26th.

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2179

The Senate Committee on Judiciary and Constitutional Law offered the following amendment:
Amend HB 1917 by adding following the word "status" on line 5 of Page 1 the following:
"; to change the definition of a habitual violator".
By striking from lines 7 and 8 of Page 3 the following:
", including those covered in paragraph (1) of this subsection".
Senator Garner of the 30th offered the following substitute to HB 1917:
A BILL
To be entitled an Act to amend Code Section 40-5-58 of the Official Code of Georgia Annotated, relating to revocations of licenses of habitual violators, so as to change the time period during which moving traffic violations will be considered for the purpose of determin ing habitual violator status and to change the definition of a habitual violator; to amend Code Section 40-6-391.1 of the Official Code of Georgia Annotated, 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 require ments for the defendant's verified petition seeking the acceptance of a plea of nolo con tendere; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 40-5-58 of the Official Code of Georgia Annotated, relating to revocations of licenses of habitual violators, is amended by striking subsection (a) and in serting in lieu thereof a new subsection (a) to read as follows:
"(a) As used in this Code section, 'habitual violator' means any person who has been arrested and convicted within the United States:
(1) Three or more times within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained to the date of the most recent arrest for which a conviction was obtained, of:
(A) Voluntary or involuntary manslaughter resulting from the operation of a motor vehicle;
(B) Homicide by vehicle in the first or second degree;
(C) Committing any offense covered under Code Sections 40-6-391 through 40-6-395 or of violating a federal law or regulation or the law of any other state or of a valid municipal or county ordinance substantially conforming to any offense covered under Code Sections 40-6-391 through 40-6-395;
(D) Operating a vehicle after cancellation, suspension, or revocation of his operator's license under any law of this state or any law of any other state or any valid municipal or county ordinance substantially conforming to or paralleling the law of this state;
(E) Making a false affidavit to the department or under any law of this state requiring the registration of motor vehicles or regulating their operation on the highways or making a false statement to the department on any application for an operator's license;
(F) Using a fraudulent or fictitious license;
(G) While in a motor vehicle, fleeing or attempting to elude a police officer;
(H) Any crime punishable as a felony under this chapter or any other felony in the commission of which a motor vehicle is used;
(I) Failure to stop and disclose his identity at the scene of the accident on the part of a driver of a motor vehicle involved in an accident resulting in damage to the property of another or resulting in the death of, or injury to, another; or

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(J) Singularly or in combination, any of the offenses described in subparagraphs (A) through (I) of this paragraph, both inclusive; or
(2) Fifteen or more times within a three-year period of time, as measured from the dates of previous arrests for which convictions were obtained to the date of the most recent arrest for which a conviction was obtained, of moving traffic offenses as contained in Chap ter 6 of this title or in the law of any other state, or in a valid municipal or county ordinance substantially conforming to or paralleling a similar law of Georgia, which offenses are re quired to be reported to the department, and the commission of which offenses, singularly or in combination with any other offense or offenses, statutorily requires the cancellation, suspension, or revocation of any operator's license by the department, or the commission of which offenses, singularly or in combination with any other offense or offenses, authorizes a court or the department to impose suspension or revocation of a driver's license."
Section 2. Code Section 40-6-391.1 of the Official Code of Georgia Annotated, 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, is amended by striking subsection (b) of said Code section and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) If the defendant has not been convicted of or had a plea of nolo contendere ac cepted to a charge of violating Code Section 40-6-391 within the previous five years and if the plea of nolo contendere shall be used as provided in aubparagraph (b)(l)(A) of Code Section 40-5-70, no such plea shall be accepted unless, at a minimum, the following condi tions are met:
(1) The defendant has filed a verified petition with the court requesting that such plea be accepted and setting forth the facts and special circumstances necessary to enable the judge to determine that accepting such plea is in the best interest of justice and, at a mini mum, such petition shall include the following information:
(A) The defendant's full name and date of birth;
(B) A statement as to whether the defendant is married or single and whether or not he or she has any legal dependents;
(C) The name of the defendant's employer, the nature of the defendant's job responsi bilities, the length of time so employed, and the distance from the defendant's home to his or her place of employment;
(D) An assertion that the defendant has not been convicted of or had a plea of nolo contendere accepted to a charge of driving under the influence of alcohol or drugs in Georgia or any other state in the United States within the previous five years;
(E) An assertion that the defendant's driver's license has not been suspended or re voked within the preceding five years or, if there was such a suspension or revocation, an explanation of the facts and circumstances attendant thereto;
(F) An assertion that the defendant was covered by valid motor vehicle insurance as required by Chapter 34 of Title 33 or as otherwise required by law at the time the defendant was charged with a violation of Code Section 40-6-391 or an explanation as to why such coverage was not in effect; and
(G) An assertion as to whether or not a collision was involved at the time the defendant was charged with a violation of Code Section 40-6-391, whether any personal injury resulted, and what, if any, action has been taken regarding restitution for any damages; and
(2) The judge has reviewed the defendant's driving records that are on file with the Department of Public Safety."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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2181

Senator Land of the 16th offered the following substitute to HB 1917:
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, 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 change the time period during which moving traffic violations will be considered for the purpose of determining habitual violator status; to change the defini tion of a habitual violator; 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 (b) of Code Section 40-5-32, relating to expiration and renewal of drivers' licenses and reexaminations in connection therewith, 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. Said chapter is further amended by striking subsection (a) of Code Section 40-5-58, relating to revocations of licenses of habitual violators, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) As used in this Code section, 'habitual violator' means any person who has been arrested and convicted within the United States:
(1) Three or more times within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained to the date of the most recent arrest for which a conviction was obtained, of:
(A) Voluntary or involuntary manslaughter resulting from the operation of a motor vehicle;
(B) Homicide by vehicle in the first or second degree;
(C) Committing any offense covered under Code Sections 40-6-391 through 40-6-395 or of violating a federal law or regulation or the law of any other state or of a valid municipal or county ordinance substantially conforming to any offense covered under Code Sections 40-6-391 through 40-6-395;
(D) Operating a vehicle after cancellation, suspension, or revocation of his operator's license under any law of this state or any law of any other state or any valid municipal or county ordinance substantially conforming to or paralleling the law of this state;
(E) Making a false affidavit to the department or under any law of this state requiring the registration of motor vehicles or regulating their operation on the highways or making a false statement to the department on any application for an operator's license;
(F) Using a fraudulent or fictitious license;
(G) While in a motor vehicle, fleeing or attempting to elude a police officer;
(H) Any crime punishable as a felony under this chapter or any other felony in the commission of which a motor vehicle is used;

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(1) Failure to stop and disclose his identity at the scene of the accident on the part of a driver of a motor vehicle involved in an accident resulting in damage to the property of another or resulting in the death of, or injury to, another; or
(J) Singularly or in combination, any of the offenses described in subparagraphs (A) through (I) of this paragraph, both inclusive; or
(2) Fifteen or more times within a three-year period of time, as measured from the dates of previous arrests for which convictions were obtained to the date of the most recent arrest for which a conviction was obtained, of moving traffic offenses as contained in Chap ter 6 of this title, or in the law of any other state, or in a valid municipal or county ordi nance substantially conforming to or paralleling a similar law of Georgia, which offenses are required to be reported to the department, and the commission of which offenses, singularly or in combination with any other offense or offenses, statutorily requires the cancellation, suspension, or revocation of any operator's license by the department, or the commission of which offenses, singularly or in combination with any other offense or offenses, authorizes a court or the department to impose suspension or revocation of a driver's license."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Senator Land of the 16th asked unanimous consent to withdraw the substitute to HB 1917 offered by Senator Land of the 16th; the consent was granted, and the substitute was withdrawn.
On the adoption of the amendment offered by the Senate Committee on Judiciary and Constitutional Law, the yeas were 30, nays 1, and the amendment was adopted.
Senators Land of the 16th and Garner of the 30th offered the following amendment:
Amend the substitute to HB 1917 offered by Senator Garner of the 30th by striking lines 1 through 3 of Page 1 in their entirety and inserting in lieu thereof the following:
"To amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, 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 change the time period during".
By adding between lines 15 and 16 of Page 1 the following:
"Section 1. Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses is amended by striking subsection (b) of Code Section 40-5-32, relating to expiration and renewal of drivers' licenses and reexaminations in connection therewith, 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.' "
By striking in their entirety lines 16 through 20 of Page 1 and inserting in lieu thereof the following:
"Section 2. Said chapter is further amended by striking subsection (a) of Code Section 40-5-58, relating to revocations of licenses of habitual violators, and inserting in lieu thereof a new subsection (a) to read as follows:".

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By redesignating Sections 2 and 3 on Pages 3 and 5, respectively, as Sections 3 and 4.

On the adoption of the amendment offered by Senators Land of the 16th and Garner of the 30th, the yeas were 32, nays 0, and the amendment was adopted.

On the adoption of the substitute offered by Senator Garner of the 30th, 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 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 Baldwin Barnes Bowen Brantley Broun of 46th Brown of 47th Burton Cobb Coverdell Dawkins Deal Dean English Engram

Fincher Foster Garner Gillis Greene Harris Harrison Hine 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

Voting in the negative was Senator Hudgins.

Those not voting were Senators:

Allgood Barker Bond Brannon

Bryant Coleman Holloway Horton

Howard Kennedy (presiding) Timmons

On the passage of the bill, the yeas were 44, nays 1.

The bill, having received the requisite constitutional majority, was passed by substitute.

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.
Senate Sponsor: Senator Greene of the 26th.

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The Senate Committee on Judiciary and Constitutional Law offered the following amendment:
Amend HB 1541 by striking from lines 6 through 8 of Page 1 the following:
"to require individuals to notify the department of any name change or change of address;".
By striking Section 2, which appears on lines 23 through 32 of Page 2, in its entirety.
By redesignating Sections 3, 4, and 5 as Sections 2, 3, and 4, respectively.
On the adoption of the amendment, the yeas were 33, nays 0, and the amendment was adopted.
Senator Land of the 16th offered the following substitute to HB 1541:
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, 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 provide that the de partment shall require any person applying for renewal of a Georgia driver's license to take and pass successfully certain examinations; to amend Code Section 33-34-10 of the Official Code of Georgia Annotated, relating to motor vehicle insurance requirements, generally, so as to provide that notice by ordinary mail to the person's address as it is on file shall consti tute legal notice; 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 Code Section 40-5-6, relating to giving notice affect ing driver's license by mail, which reads as follows:
"40-5-6. Where any provision of this chapter requires the department by certified or ordinary mail to give written notice to a person affecting such person's driver's license, the mailing of such notice to the name and address shown by department records at the time of mailing shall be presumptive evidence that such person received the required notice.",
and inserting in lieu thereof a new Code Section 40-5-6 to read as follows:
"40-5-6. (a) Where any provision of this Code requires the department 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 department records at the time of mailing shall constitute legal notice to such person unless returned to the department.
(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 provided for in subsection (b) of this Code Section shall be admissible in evidence to show that legal notice was given."
Section 2. Said chapter is further amended by striking subsection (b) of Code Section 40-5-32, relating to expiration and renewal of drivers' licenses and reexaminations in con nection therewith, 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

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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 3. Code Section 33-34-10 of the Official Code of Georgia Annotated, relating to motor vehicle insurance requirements, generally, is amended by striking subsection (e) which reads as follows:
"(e) For the purposes of this Code section, where any provision of this Code section requires the Department of Public Safety to give notice to a person affecting such person's motor vehicle operator's license and motor vehicle license tag, the mailing of such notice and the name and address shown on the notice of cancellation supplied by the insurer as re quired by this Code section shall be presumptive evidence that the person received the re quired notice.",
and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) For the purposes of this Code section, where any provision of this Code section requires the Department of Public Safety to give notice to a person affecting such person's motor vehicle operator's license and motor vehicle license tag, the mailing of such notice by ordinary mail to the last address shown on the person's operator's license record with the department as provided in Code Section 40-5-6 shall constitute legal notice to such person unless returned to the department."
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 37, nays 6, 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
ond "owen Broun o" 46th
Brown of 47th Burton Cobb
Coverdell Dawkins Deal Dean

English Engram Fincher Foster Garner
Gillis Greene *<"TM
Holloway Horton Hudgins
Huggins Kidd Land Langford

McGill Peevy Perry Phillips Ray
Reddish Scott of 2nd Scott of 36th
Starr Stumbaugh Tate
Tolleson Turner Tysinger Walker

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Those not voting were Senators:

Brannon Bryant Coleman Harrison

Hine Howard Kennedy (presiding)

McKenzie Timmons Trulock

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following bill of the House was taken up for the purpose of considering the House amendment to the Senate substitute thereto:

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.

The House amendment was as follows:
Amend the Senate substitute to HB 1644 by striking from lines 31 through 33 of Page 8 the following:
"(2) Entering writ of fieri facias on general execution docket.................................... 2.00",
and inserting in lieu thereof the following:
"(2) Entering writ of fieri facias or other execution on general execution docket. .................... 2.00
This fee shall be charged for each such entry on the general execution docket. Without limiting the generality of the foregoing, it is specifically provided that this fee shall be charged for entry on the general execution docket of executions issued by magistrate courts; and this paragraph shall control over any other provision of law, including without limita tion any other provision of law enacted at the 1986 session of the General Assembly."

Senator Barnes of the 33rd moved that the Senate agree to the House amendment to the Senate substitute to HB 1644.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bond Bowen Brantley Broun of 46th Brown of 47th

Burton Cobb Coverdell Dawkins Deal Dean English Foster Garner

Gillis Greene Harris Hine Holloway Horton Hudgins Huggins Kidd

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2187

Land Langford
p erry Phillips

Ray Reddish Scott of 2nd Scott of 36th Stumbaugh Tate

Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Allgood Brannon Bryant Coleman

Engram Fincher Harrison

Howard Kennedy (presiding) Starr

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 1644.

The following local bill of the House was taken up for the purpose of considering the Conference Committee report thereon:

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.

The Conference Committee report on HB 1607 was as follows:

The Committee of Conference on HB 1607 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1607 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Thomas F. Allgood Senator, 22nd District
Is/ Janice S. Horton Senator, 17th District
Is/ Terrell A. Starr Senator, 44th District

FOR THE HOUSE OF REPRESENTATIVES:
Is/ Wesley Dunn Representative, 73rd District
Is/ Hugh Boyd Pettit III Representative, 19th District
/s/ Larry Smith Representative, 78th District

Conference Committee substitute to HB 1607:

A BILL
To be entitled an Act to grant exemptions from Henry County School District ad valorem taxation to certain elderly and disabled residents of Henry County; to provide the amount of and qualifications for said exemptions; to supersede and repeal that constitu tional amendment relating to homestead exemptions from Henry County School District taxes which is set out at Ga. L. 1982, p. 2515; to provide for all matters related to the foregoing; to provide for a special election for the purpose of approval or disapproval of the

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foregoing by the voters of the Henry County School District; 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 Henry County who is totally disabled or 62 years of age or older and who received less than $12,000.00 of income during the preceding calendar year shall be entirely exempt from Henry County School District taxation.

(b) For purposes of this Act the income of a person shall include the net taxable income of the person for Georgia income tax purposes plus the net taxable income for Georgia in come tax purposes of each member of the person's family who resides in the homestead.

(c) For purposes of this Act a person is totally disabled if the person has a medically demonstrable condition which renders the person wholly and permanently unable to pursue any gainful employment. The tax officials of Henry County shall require appropriate proof of such disability, including if necessary the affidavits of not more than two licensed physi cians as to the person's disability.

(d) The exemptions granted by this Act shall apply only to ad valorem taxes levied for the support of the Henry County School District, including taxes levied to retire bonded indebtedness of the school district.

(e) The exemptions granted by this Act shall apply to taxes for the year 1989 and fu ture years.

(f) The exemptions granted by this Act shall be in lieu of and not in addition to any other exemption from ad valorem taxes levied for the support of the Henry County School District. Without limiting the generality of the foregoiong, it is specifically provided that the provisions of this Act shall as of January 1, 1989, supersede and repeal the provisions of that constitutional amendment relating to exemptions from Henry County School District ad valorem taxes for certain disabled and elderly citizens of Henry County, which constitu tional amendment is set out at Ga. L. 1982, p. 2515.

(g) The exemptions granted by this Act shall be administered and granted in the same manner as the exemption granted pursuant to Code Section 48-5-52; and except as expressly provided otherwise in this Act all provisions of general state law which apply to said exemp tion shall apply to the exemptions granted by this Act.

Section 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Henry County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Henry County for ap proval or rejection. The election superintendent shall conduct that election on the date of the November, 1986, general election and shall issue the call therefor not less than 30 days prior to that date. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Henry County. The ballot shall have written or printed thereon the words:

"[ ] YES [ ] NO

Shall the Act be approved which provides that the homestead of each resi dent of Henry County who is totally disabled or 62 years of age or older and who has less than $12,000.00 per year of specified income shall be entirely exempt from Henry County School District taxation and which supersedes and repeals prior exemptions from Henry County School District ad valorem taxes for the elderly and disabled?"

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 January 1, 1989. If the Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be auto matically repealed on the first day of January immediately following that election date.

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The expense of such election shall be borne by Henry County. It shall be the superin tendent's duty to certify the result thereof to the Secretary of State.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Senator Horton of the 17th moved that the Senate adopt the Conference Committee report on HB 1607.
On the motion, the yeas were 41, nays 1; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1607.
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 House:
HR 1001. By Representative Murphy of the 18th:
A resolution relative to adjournment.
The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:
HB 540. By Representatives Pettit of the 19th and Ramsey of the 3rd:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to grant exclusive original jurisdictions in the juvenile courts over certain traffic offenses committed by persons under 17 years of age; to provide that there shall be no exceptions to the jurisdiction of the juvenile court over these offenses.
Senate Sponsor: Senator Hudgins of the 15th.
The Senate Committee on Children and Youth offered the following substitute to HB 540:
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 grant original jurisdiction in the juve nile courts over certain traffic offenses committed by persons under 17 years of age; pro vided, however, that a juvenile court is authorized to transfer any case involving a juvenile traffic offense to another court which has jurisdiction to try an adult for a like offense upon a timely request being made by the parent, guardian, or custodian of the child; to provide that there shall be no exceptions to the jurisdiction of the juvenile court over these offenses; to provide for the imposition of certain sanctions for commissions of juvenile traffic offenses; to change the provisions relating to remitting funds for juvenile traffic offenses; to provide for construction; to provide for application of the provisions relating to juvenile traffic of fenses; 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 striking in its entirety Code Section 15-11-49, which reads as follows:
"15-11-49. (a) Except as provided in subsection (b) of this Code section, a juvenile traf fic offense consists of a violation by a person under the age of 16 of:
(1) A law or local ordinance governing the operation of a moving motor vehicle upon the streets or highways of this state or upon the waterways within or adjoining this state; or
(2) Any other motor vehicle traffic law or local ordinance if the child is taken into cus tody and detained for its violation or is transferred to the juvenile court by the court hear ing the charge.
(b) A juvenile traffic offense is not an act of delinquency unless the case is transferred to the delinquency calendar as provided in subsection (g) of this Code section.
(c) A juvenile traffic offense shall not include any offense to which Code Section 40-5-54 or Code Section 40-5-70 is applicable.
(d) The summons, notice to appear, or other designation of a citation accusing a child of committing a juvenile traffic offense constitutes the commencement of the proceedings in the court of the county in which the alleged violation occurred and serves in place of a summons and petition under this chapter. These cases shall be filed and heard separately from other proceedings of the court. If the child is taken into custody on the charge, Code Sections 15-11-18 and 15-11-21 shall apply. If the child is, or after commencement of the proceedings becomes, a resident of another county of this state, Code Section 15-11-16 shall apply.
(e) The court shall fix a time for a hearing and shall give reasonable notice thereof to the child and, if their address is known, to the parents, guardian, or custodian. If the accu sation made in the summons, notice to appear, or other designation of a citation is denied, an informal hearing shall be held at which the parties shall have the right to subpoena witnesses, present evidence, cross-examine witnesses, and appear by counsel. The hearing shall be open to the public.
(f) If the court finds on the admission of the child or upon the evidence that he commit ted the offense charged, it may make one or more of the following orders:
(1) Reprimand or counsel with the child and his parents;
(2) Suspend the child's privilege to drive under stated conditions and limitations for a period not to exceed that authorized for an adult for the conviction of a like offense;
(3) Require the child to attend a traffic school conducted by public authority for a reasonable period of time; or
(4) Order the child to remit to the general fund of the county a sum not exceeding the maximum applicable to an adult for a like offense.
(g) In lieu of the preceding orders, if the evidence indicates the advisability thereof, the court may transfer the case to the delinquency calendar of the court and direct the filing and service of a summons and petition in accordance with this chapter. The judge so order ing is disqualified, upon objection, from acting further in the case prior to an adjudication that the child committed a delinquent act.",
and substituting in lieu thereof a new Code Section 15-11-49 to read as follows:
"15-11-49. (a) Notwithstanding the provisions of Title 40 which grant jurisdiction over traffic offenses to certain courts, the juvenile court shall have original jurisdiction over juve nile traffic offenses; provided, however, that a juvenile court is authorized to transfer any case involving a juvenile traffic offense to another court which has jurisdiction to try an adult for a like offense upon a timely request being made by the parent, guardian, or custo-

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dian of the child. A juvenile traffic offense consists of a violation by a person under the age of 17 of:
(1) A law or local ordinance governing the operation of a moving motor vehicle upon the streets or highways of this state or upon the waterways within or adjoining this state; or
(2) Any other motor vehicle traffic law or local ordinance if the child is taken into cus tody and detained for its violation or is transferred to the juvenile court by the court hear ing the charge.
(b) A juvenile traffic offense is not an act of delinquency.
(c) The juvenile court shall comply with all applicable provisions of Title 40 when hear ing juvenile traffic offenses to the extent such title is not inconsistent with the provisions of this Code section and this chapter, and nothing in this Code section shall be construed as prohibiting the suspension or revocation of a child's driver's license in the same manner and under the same conditions as an adult's driver's license is suspended.
(d) The summons, notice to appear, or other designation of a citation accusing a child of committing a juvenile traffic offense constitutes the commencement of the proceedings in the court of the county in which the alleged violation occurred and serves in place of a summons and petition under this chapter. These cases shall be filed and heard separately from other proceedings of the court. If the child is taken into custody on the charge, Code Sections 15-11-18 and 15-11-21 shall apply. If the child is, or after commencement of the proceedings becomes, a resident of another county of this state, Code Section 15-11-16 shall apply.
(e) The court shall fix a time for a hearing and shall give reasonable notice thereof to the child and, if their address is known, to the parents, guardian, or custodian. If the accu sation made in the summons, notice to appear, or other designation of a citation is denied, an informal hearing shall be held at which the parties shall have the right to subpoena witnesses, present evidence, cross-examine witnesses, and appear by counsel. The hearing shall be open to the public.
(f) If the court finds on the admission of the child or upon the evidence that he commit ted the offense charged, it may make one or more of the following orders:
(1) Reprimand or counsel with the child and his parents;
(2) Suspend the child's privilege to drive under stated conditions and limitations for a period not to exceed that authorized for an adult for the conviction of a like offense;
(3) Require the child to attend a driver improvement clinic or program approved by the Department of Public Safety;
(4) Order the child to remit to the general fund of the county or municipality in which the case was brought a sum not exceeding the maximum applicable to an adult for a like offense;
(5) Impose any sanction authorized by Title 40 to be imposed on an adult for a like offense, except that the period of actual commitment imposed shall not exceed two years; or
(6) Place the child on probation subject to the conditions and limitations imposed by Title 40 on probation granted to adults for like offenses, but such probation shall be super vised by the court as provided in Code Section 15-11-35.
(g) Notwithstanding any other provision of this act to the contrary, any child, through the child's parent, guardian, or custodian, shall have the right to have the child's case heard and disposed of in any other court otherwise having jurisdiction and the law enforcement official making the case or the intake officer of the court shall so inform the parent, guard ian, or custodian of the child's right to have the case heard and disposed of in this court of concurrent jurisdiction."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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Senators Peevy of the 48th and Deal of the 49th offered the following substitute to HB 540:
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 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 hav ing drivers' licenses or permits who are accused of committing certain traffic offenses; to provide for orders, recommendations, sanctions, and penalties for certain persons convicted of juvenile traffic offenses and to provide for juvenile court dispositions of those persons; to provide for case transfers between courts; to provide for social studies and reports and dispositional hearings; to provide for court and Department of Public Safety procedures and determinations and availability of records following conviction of juvenile traffic offenses; to provide for rights of certain persons under 17 years of age who are accused or convicted of a juvenile traffic offense and provide for the detention of such persons; to delete certain provi sions regarding juvenile court traffic referees and proceedings thereunder; to provide for juvenile waterways offenses and proceedings and dispositions relating thereto; to repeal con flicting 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 striking subparagraph (A) of paragraph (6) of Code Section 15-11-2, relating to definitions, and inserting in its place a new subparagraph (A) to read as follows:
"(A) An act designated a crime by the laws of this state, or by the laws of another state if the act occurred in that state, under federal laws, or by local ordinance, and the crime does not fall under subparagraph (C) of paragraph (12) of this Code section and is not a juvenile traffic offense as defined in Code Section 15-11-50 and is not a juvenile waterways offense as defined in Code Section 15-11-49;".
Section 2. Said chapter is further amended by designating paragraph (10.1) of Code Section 15-11-2, relating to definitions, as paragraph (10.2) and inserting immediately pre ceding that newly designated paragraph a new paragraph (10.1) to read as follows:
"(10.1) 'Licensed juvenile driver' means a person under 17 years of age who has a li cense or permit issued under Article 2 of Chapter 5 of Title 40 to authorize that person to operate a motor vehicle."
Section 3. Said chapter is further amended by striking subparagraph (a)(l)(E) of Code Section 15-11-5, relating to jurisdiction of the juvenile court, and inserting in its place the following subparagraph:
"(E) Who is alleged to have committed a juvenile waterways offense as defined in Code Section 15-11-49; or".
Section 4. Said chapter is further amended by adding at the end of Code Section 15-115, relating to jurisdiction of the juvenile court, a new subsection (e) to read as follows:
"(e) The juvenile court shall have no original jurisdiction concerning any person who is a licensed juvenile driver and who is alleged to have committed a juvenile traffic offense, as defined in Code Section 15-11-50, but shall only have jurisdiction over such person for the purpose of the disposition authorized by Code Section 15-11-50."
Section 5. Said chapter is further amended by striking paragraphs (1) and (2) of Code Section 15-11-11, relating to commencement of proceedings, and inserting in their place the following:
"(1) By transfer of a case from another court as provided in Code Section 15-11-13 and Code Section 15-11-50;

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(2) As provided in Code Section 15-11-49 in a proceeding charging a juvenile waterways offense;".
Section 6. Said chapter is further amended by striking Code Section 15-11-13, relating to transfer of cases to 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 concur rent jurisdiction as provided in subsection (b) of Code Section 15-11-5 and in cases where another court has jurisdiction regarding a juvenile traffic offense as provided in Code Sec tion 15-11-50, the case shall forthwith be transferred to the juvenile court together with a copy of the accusatory pleading and all other papers, documents, and transcripts of testi mony 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, guardian, custodian, or other person legally respon sible 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 the court directs the filing of a petition."
Section 7. Said chapter is further amended by striking Code Section 15-11-49, relating to juvenile traffic offenses, and inserting in its place a new Code Section 15-11-49 to read as follows:
"15-11-49. (a) Except as provided in subsection (b) of this Code section, a juvenile wa terways offense consists of a violation by a person under the age of 16 of a law or local ordinance governing the operation of a moving motor vehicle upon the waterways within or adjoining this state.
(b) A juvenile waterways offense is not an act of delinquency unless the case is trans ferred to the delinquency calendar as provided in subsection (f) of this Code section.
(c) The summons, notice to appear, or other designation of a citation accusing a child of committing a juvenile waterways offense constitutes the commencement of the proceedings in the court of the county in which the alleged violation occurred and serves in place of a summons and petition under this chapter. These cases shall be filed and heard separately from other proceedings of the court. If the child is taken into custody on the charge, Code Sections 15-11-18 and 15-11-21 shall apply. If the child is, or after commencement of the proceedings becomes, a resident of another county of this state, Code Section 15-11-16 shall apply.
(d) The court shall fix a time for a hearing and shall give reasonable notice thereof to the child and, if their address is known, to the parents, guardian, or custodian. If the accu sation made in the summons, notice to appear, or other designation of a citation is denied, an informal hearing shall be held at which the parties shall have the right to subpoena witnesses, present evidence, cross-examine witnesses, and appear by counsel. The hearing shall be open to the public.
(e) If the court finds on the admission of the child or upon the evidence that he com mitted the offense charged, it may make one or more of the following orders:
(1) Reprimand or counsel with the child and his parents, custodian, or guardian; or
(2) Order the child to remit to the general fund of the county a sum not exceeding the maximum applicable to an adult for a like offense.
(f) In lieu of the preceding orders, if the evidence indicates the advisability thereof, the court may transfer the case to the delinquency calendar of the court and direct the filing and service of a summons and petition in accordance with this chapter. The judge so order ing is disqualified, upon objection, from acting further in the case prior to an adjudication that the child committed a delinquent act."

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Section 8. Said chapter is further amended by striking Code Section 15-11-50, which reads as follows:
"15-11-50. (a) The judge may appoint one or more persons to serve at the pleasure of the judge as traffic referees on a full or part-time basis. A traffic referee shall be a member of the State Bar of Georgia or shall be otherwise qualified by experience and training. His compensation shall be fixed by the judge with the approval of the governing authority of the county and shall be paid in equal monthly installments from county funds, unless otherwise provided by law.
(b) The court may direct that any case or class of cases arising under Code Section 1511-49 shall be heard in the first instance by a traffic referee who shall conduct the hearing in accordance with Code Section 15-11-49. Upon the conclusion of the hearing the traffic refe ree shall transmit written findings of fact and recommendations for disposition to the judge with a copy thereof to the child and other parties to the proceedings.
(c) Within three days after receiving the copy the child may file a request for a rehear ing before the judge of the court, who shall thereupon rehear the case at a time fixed by him. Otherwise, the judge may confirm the findings and recommendations for disposition, which then become the findings and order of disposition of the court.",
and inserting in its place a new Code Section 15-11-50 to read as follows:
"15-11-50. (a) As used in this Code section, the term 'juvenile traffic offense' means a violation by a licensed juvenile driver of:
(1) A law or local ordinance governing the operation of a moving motor vehicle upon the streets or highways of this state; or
(2) Any other motor vehicle traffic law or local ordinance if the child is taken into cus tody and detained for its violation.
(b) Any court having jurisdiction of persons 17 years of age or over who are accused of committing any traffic offense described in paragraph (1) or (2) of subsection (a) of this Code section shall have original jurisdiction of licensed juvenile drivers who are accused of committing any juvenile traffic offense within the territorial jurisdiction of that court, and the proceedings regarding the prosecution of such licensed juvenile drivers shall be the same as for the prosecution of persons 17 years of age or over unless otherwise provided in this Code section.
(c) Upon conviction of a licensed juvenile driver for any juvenile traffic offense, the court in which the conviction was obtained may make one or more of the following orders:
(1) Reprimand or counsel with the convicted person and that person's parents, custo dian, or guardian;
(2) Suspend or revoke the convicted person's privilege to drive under stated conditions and limitations for a period not to exceed that authorized for an adult for the conviction of a like offense or, in the case of a convicted person who has never had a driver's license, prohibit the issuance of a driver's license to such person for any period not to exceed the date on which the convicted person becomes 18 years of age;
(3) Require the convicted person to attend a driver improvement clinic or program ap proved by the Department of Public Safety;
(4) Order the convicted person to remit to the general fund of the county a sum not exceeding the maximum applicable to an adult for a like offense; or
(5) Recommend to that juvenile court which has jurisdiction over the convicted person for any otherwise delinquent acts committed by that person the imposition of any sanction authorized by Title 40 to be imposed on an adult for the conviction of a like offense, which recommendation to the juvenile court shall constitute a finding that the convicted person committed a delinquent act but which recommendation shall be advisory only as to the sanction, and that juvenile court may make any disposition of the convicted person which

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that court is authorized to make of a delinquent child under Code Section 15-11-35 as long as that disposition does not exceed in severity the recommendation to the juvenile court.
(d) A court making a recommendation of sanctions pursuant to paragraph (5) of subsec tion (c) of this Code section shall transfer to the juvenile court to which the recommenda tion is made a copy of the papers, transcripts, and other documents relating to the case. The transferring court shall order the convicted person to be taken forthwith to the juvenile court or to a place of detention designated by that court or shall release that person to the custody of that person's parent, guardian, custodian, or other person legally responsible for the convicted person, to be brought before the juvenile court at the time designated by that court. That juvenile court may have made the social study and report authorized under Code Section 15-11-32 regarding the convicted person. That juvenile court shall hold a dispositional hearing as provided in Code Section 15-11-33. The juvenile court's order of dispo sition shall not constitute a conviction of a crime. Records of the juvenile court regarding its own proceedings pursuant to this Code section shall be subject to the same limitations as are other records of that court pursuant to this title.
(e) Upon the conviction of a licensed juvenile driver for any juvenile traffic offense which would be a violation of Title 40 if committed by an adult, the court in which the conviction was obtained shall forward to the Department of Public Safety the same records and documents, including but not limited to suspended or revoked drivers' licenses, which the court is required to forward to that department for adults convicted of a like offense. The Department of Public Safety shall record the conviction on the convicted person's per manent record, which conviction shall be deemed a conviction for the purpose of suspending or revoking the convicted person's driver's license. That record shall also be available to law enforcement agencies and courts as are the permanent traffic records of adults. The provi sions of this subsection shall apply to convictions of juvenile traffic offenses notwithstanding any other provisions of this chapter to the contrary.
(f) A licensed juvenile driver accused or convicted of a juvenile traffic offense shall have the same rights in the prosecutorial proceedings involving that offense and the same rights to appeal that conviction as do adults accused or convicted of a like offense and shall have the same rights as any other child regarding any disposition as a delinquent child by the juvenile court pursuant to Code Section 15-11-35.
(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."
Section 9. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute to HB 540 offered by the Senate Committee on Chil dren and Youth, Senator Peevy of the 48th called for the yeas and nays; the call was sus tained, and the vote was as follows:
Those voting in the affirmative were Senators:

Albert Allgood Baldwin ^arker BBoawrneens
Coleman Dean English

Fincher Hine Holloway Norton HMuudgggiinnss
Kidd Langford McGill

Perry Reddish Scott of 2nd Scott of 36th 0St^um.1ba.u1g.h
Tate Turner Walker

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Those voting in the negative were Senators:

Bond Broun of 46th Brown of 47th Burton Cobb Coverdell Dawkins Deal

Engram Foster Garner Gillis Greene Harris Harrison Howard

McKenzie Peevy Phillips Ray Starr Tolleson Trulock Tysinger

Those not voting were Senators:

Brannon Brantley

Bryant Kennedy (presiding)

Land Timmons

On the adoption of the substitute, the yeas were 26, nays 24, and the substitute offered by the Senate Committee on Children and Youth was adopted.

Senator Peevy of the 48th moved that the Senate reconsider its action in adopting the substitute offered by the Senate Committee on Children and Youth.

On the motion, the yeas were 27, nays 20; the motion prevailed, and the substitute offered by the Senate Committee on Children and Youth was reconsidered.

On the adoption of the substitute to HB 540 offered by the Senate Committee on Chil dren and Youth, Senator Kennedy of the 4th, President Pro Tempore, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin
Barker BBoawrneens Coleman Dean English

Hine Holloway Horton
Hudgins IHTu?f ns Kldd Langford McGill

Perry Reddish Scott of 2nd
Scott of 36th m^at*e Timmons Turner Walker

Those voting in the negative were Senators:

Bond Brantley Broun of 46th Brown of 47th BCoubrtbon
Coverdell
Dawkins
Deal

Engram Fincher Foster Gillis GHraererinse
Harrison
Howard
McKenzie

Peevy Phillips Rav Starr ,,S,tumb, augh,
Tolleson
Trulock
Tysinger

Those not voting were Senators:

Brannon Bryant

Garner Kennedy (presiding)

Land

On the adoption of the substitute, the yeas were 25, nays 26, and the substitute offered by the Senate Committee on Children and Youth was lost.

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2197

On the adoption of the substitute to SB 450 offered by Senators Peevy of the 48th and Deal of the 49th, the yeas were 30, nays 17, and the substitute was adopted.

Senator Hudgins of the 15th moved that HB 540 be placed on the Table.

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 Barnes Bowen Coleman English

Howard Hudgins Huggins Kidd Langford McGill

Perry Reddish Scott of 2nd Scott of 36th Tate Walker

Those voting in the negative were Senators:

Allgood Baldwin Bond Brantley Broun of 46th Brown of 47th Burton Cobb Coverdell Dawkins Deal Dean

Engram Fincher Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton

McKenzie Peevy Phillips Ray Starr Stumbaugh Timmons Tolleson Trulock Turner Tysinger

Those not voting were Senators:

Brannon Bryant

Kennedy (presiding)

Land

On the motion, the yeas were 18, nays 34; the motion was lost, and HB 540 was not placed on the Table.

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

Burton Cobb Coleman Coverdell Dawkins Deal Dean English Engram Fincher Foster

Gillis Greene Harris Harrison Hine Holloway Horton Howard Huggins Kidd McGill

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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:

Garner Hudgins

Langford

Tate

Those not voting were Senators:

Bryant Kennedy (presiding)

Land

Stumbaugh

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 President resumed the Chair.

The following resolution of the House was read and put upon its adoption:

HR 1001. By Representative Murphy of the 18th:
A resolution relative to adjournment sine die by the General Assembly at 6:00 o'clock P.M. on March 7, 1986.

On the adoption of the resolution, the yeas were 36, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

SB 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 House substitute to SB 490 was as follows:

A BILL
To be entitled an Act to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to 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 pur pose of registering voters in the county shall be authorized to perform other duties as may be required; to provide that blank registration cards shall be numbered and shall have a correspondingly numbered, detachable receipt which shall be issued to the applicant for voter registration at the time such registration card has been completed by the applicant; to provide that such receipt shall be signed by the registrar or deputy registrar taking the application and shall indicate the location of registration; to change the provisions relating to the place where completed registration cards and other papers may be kept; to change the provisions relating to the location of the main office of the board of registrars; to change

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the provisions relating to the procedures connected with the return of completed registra tion cards from permanent additional voter registration places to the main office; to change the provisions relating to preparation and filing of list of voters who have died or appear to be disqualified by reason of criminal conviction or insanity; to provide for the probate judge to perform certain duties; to change certain terms so that the Georgia Election Code will conform to provisions in the Constitution relating to elections and voters; to change the provisions relating to making application for absentee ballot in connection with elections generally; to authorize a grandparent or certain other persons to make application for an absentee ballot on behalf of an elector residing temporarily but of the county or a physically disabled elector residing within the county in connection with elections generally; to change the provisions relating to delivery of absentee ballots on behalf of physically disabled elec tors in connection with elections generally; to authorize a grandparent to assist a physically disabled or illiterate elector in preparing his ballot in connection with elections generally; to change the provisions relating to the place where completed registration cards and other papers may be kept by municipal registrars; to change the provisions relating to the location of the main office of the municipal registrars; to provide for blank registration cards and completed registration cards to be kept in specific places in connection with municipal elec tions; to provide for the return of completed registration cards from permanent additional voter registration places to the main office of the municipal registrars; to change certain provisions relating to purging the list of electors by municipalities maintaining their own registration system; to change certain terms and duties of officers so that the Georgia Mu nicipal Election Code will conform to provisions of the Constitution and the Georgia Elec tion Code relating to elections and voters; to change the provisions relating to making appli cation for absentee ballot in connection with municipal elections; to authorize a grandparent or certain other persons to make application for an absentee ballot on behalf of an elector residing temporarily out of the county or a physically disabled elector residing within the county in connection with municipal elections; to change the provisions relating to delivery of absentee ballots on behalf of physically disabled electors in connection with municipal elections; to authorize a grandparent to assist a physically disabled or illiterate elector in preparing his ballot in connection with municipal elections; 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 in its entirety paragraph (2) of subsection (a) of Code Section 21-2-212, relating to the appointment of deputy registrars, and inserting in lieu thereof a new para graph (2) to read as follows:
"(2) Registrars may hire clerical help to assist them in their duties if the compensation required therefor has been first approved by the governing authority of the county. Such additional clerks shall be eligible to be appointed as deputy registrars for the purpose of registering voters in the county and performing other duties as may be required, but it shall not be necessary for such clerks to be electors of the county in which employed."
Section 2. Said title is further amended by adding a new subsection at the end of Code Section 21-2-217, relating to the form of registration cards, to be designated subsection (g) to read as follows:
"(g) Each blank registration card shall be numbered and shall have a correspondingly numbered, detachable receipt which shall be issued to the applicant for voter registration at the time such registration card has been completed by such applicant. Such receipt shall be signed by the registrar or deputy registrar taking the application and shall indicate the loca tion of registration."
Section 3. Said title is further amended by striking in their entirety subsections (a) and (b) of Code Section 21-2-218, relating to the main office of board of registrars, and inserting in lieu thereof new subsections (a) and (b) to read as follows:
"(a) In those counties where the registrars have a main office separate from the office of

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the tax collector or tax commissioner, the registrars shall keep the completed registration cards and their other papers in such office which shall be in the courthouse or other public building. If no such office exists, the registrars shall keep the completed registration cards and their other papers:
(1) In the office of the tax collector or the tax commissioner, and such office shall be deemed the main office of the board of registrars; or
(2) In the office of the designated chief deputy registrar or other office designated by the board of registrars which is accessible at all times during normal working hours, and such office shall be deemed the main office of the board of registrars.
(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. 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, the chief registrar in each even-numbered year shall designate and staff, on a full or parttime basis, additional voter registration places within the county at least six months prior to the voter registration deadline for the November election in that year. 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 regis tration 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 registrars, provided that completed registration cards may be retained temporarily at permanent additional voter registration places but shall be trans mitted to the main office as expeditiously as possible by a registrar or deputy registrar or by United States mail. In no event shall the completed registration cards be temporarily re tained beyond the end of the next business day."
Section 4. Said title is further amended by striking Code Section 21-2-232 in its entirety and inserting in lieu thereof a new Code Section 21-2-232 to read as follows:
"21-2-232. The clerk of the superior court of each county shall, on or before the tenth day of each month, prepare and file with the registrars a complete list, alphabetically ar ranged with their addresses and ages, of persons residing in the county who appear to be disqualified from voting by reason of having been convicted of a crime during the preceding month, the penalty of which is disfranchisement, unless such person has been pardoned and the right of suffrage restored to him. The probate judge of each county shall, by such date, file a similar list of all persons residing in the county who appear to be disqualified from voting by reason of an adjudication of mental incompetency during the preceding month. The local registrar of vital statistics of each county shall, by such date, file a similar list of those persons who have died during the preceding month. Each such list shall contain such other information as may be necessary to facilitate identification of persons having the same or similar names."
Section 5. Said title is further amended by striking in its entirety paragraph (1) of subsection (a) of Code Section 21-2-381, relating to making of application for absentee bal lot, and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) Not more than 120 days prior to the date of the primary or election, or runoff of either, in which the elector desires to vote, any absentee elector may make, either by mail or in person in the registrar's office, an application to the board of registrars of the county of the elector's residence, for an official ballot of the elector's precinct to be voted at such primary, election, or runoff. In the case of an elector residing temporarily out of the county

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or a physically disabled elector residing within the county, the application for the elector's absentee ballot may, upon satisfactory proof of relationship, be made by his mother, father, grandparent, aunt, uncle, sister, brother, spouse, son, daughter, mother-in-law, father-inlaw, brother-in-law, or sister-in-law, of the age of 18 or over. The application shall be in writing and shall contain sufficient information for proper identification of the elector; the permanent or temporary address of the elector to which the absentee ballot shall be mailed; the identity of the primary, election, or runoff in which the elector wishes to vote; the reason for requesting the absentee ballot; and the name and relationship of the person requesting the ballot if other than the elector. Except in the case of physically disabled electors resid ing in the county, no absentee ballot shall be mailed to an address other than the perma nent or temporary out-of-county address of the elector. Relatives applying for absentee bal lots for electors must also sign an oath stating that facts in the application are true. If the elector is unable to fill out or sign his own application because of illiteracy or physical disa bility, the elector shall make his mark, and the person filling in the rest of the application shall sign his name below it as a witness; provided, however, that one timely and proper application for an absentee ballot for use in a primary shall be sufficient to require the sending or delivery to an eligible absentee elector who lives outside the county in which the election is held and is also a member of the armed forces of the United States, a member of the merchant marine of the United States, or a spouse or dependent of a member of the armed forces or the merchant marine residing with or accompanying said member or over seas citizen, an absentee ballot for such primary as well as for any runoffs resulting there from and for the election for which such primary shall nominate candidates. Further, such application for an absentee ballot to be used in any election shall be sufficient to require the sending and delivery of an absentee ballot for any runoffs resulting from such election. In any event, a separate and distinct application for an absentee ballot shall be required for the presidential preference primary held pursuant to Article 5 of this chapter and for any special election or special primary."
Section 6. Said title is further amended by striking Code Section 21-2-385 in its entirety and inserting in lieu thereof a new Code Section 21-2-385 to read as follows:
"21-2-385. (a) At any time after receiving an official absentee ballot, but before the day of the primary or election, except electors who are confined to a hospital on the day of the primary or election, the elector shall vote his absentee ballot, then fold the ballot and en close and securely seal the same in the envelope on which is printed 'Official Absentee Bal lot.' This envelope shall then be placed in the second one, on which is printed the form of the oath of the elector, the name, relationship, and oath of the person assisting, if any, and other required identifying information. The elector shall then fill out, subscribe, and swear to the oath printed on such envelope. Such envelope shall then be securely sealed and the elector shall then mail or personally deliver same to the board of registrars, provided that delivery by a physically disabled elector may be made by any adult upon satisfactory proof that such adult is such elector's mother, father, grandparent, aunt, uncle, brother, sister, spouse, son, daughter, mother-in-law, father-in-law, brother-in-law, sister-in-law, or an indi vidual residing in the household of such disabled elector. An elector who is confined to a hospital on a primary or election day to whom an absentee ballot is delivered by the regis trar shall then and there vote the ballot, seal it properly, and return it to the registrar.
(b) A physically disabled or illiterate elector may receive assistance in preparing his ballot from one of the following: any elector who is qualified to vote in the same county as the disabled elector or the mother, father, grandparent, brother, sister, spouse, son, daugh ter, mother-in-law, father-in-law, brother-in-law, or sister-in-law of the elector. If the dis abled elector is sojourning outside his own county, a notary public of the jurisdiction may give such assistance and shall sign the oath printed on the same envelope as the oath to be signed by the elector. No person shall assist more than ten such electors in any primary, election, or runoff.
(c) When an elector applies in person for an absentee ballot, after the absentee ballots have been printed, the absentee ballot shall be delivered to the elector at the time of the application therefor within the confines of the registrar's office; and the elector shall then

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and there vote and deliver the absentee ballot as provided in subsections (a) and (b) of this Code section. The board of registrars shall furnish accommodations to the elector to ensure the privacy of the elector while voting his absentee ballot."
Section 7. Said title is further amended by striking in its entirety subsection (b) of Code Section 21-3-123, relating to registration duties of county registrar in municipalities using county registration system and location of main office of municipal board of registrars, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) In those municipalities electing to maintain their own registration system, the reg istrars shall keep the completed registration cards and their other papers in the main office of the municipal registrars, which office shall be in the city hall or other public building designated by the governing authority. If no such office exists, the registrars shall keep the completed registration cards and their other papers:
(1) In the office of the city clerk, and such office shall be deemed the main office of the board of registrars; or
(2) In the office of the designated chief deputy registrar or other office designated by the board of registrars which is accessible at all times during normal working hours, and such office shall be deemed the main office of the board of registrars.
For the purpose of taking applications for registration and for the purpose of registering 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 governing authority, in addition to the main office, shall designate every municipal public library and county public library which is located within the corporate limits of the municipality and in which a librarian has elected to serve as a deputy registrar and may designate other fixed places to be used for the purpose of receiving applications for registration and for the registration of electors. 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 registrars, provided that completed registration cards may be retained temporarily at permanent additional voter registration places but shall be transmitted to the main office as expeditiously as possible by a registrar or deputy registrar or by United States mail."
Section 8. Said title is further amended by striking in its entirety paragraph (3) of subsection (a) of Code Section 21-3-133, relating to purging of list of electors by municipali ties maintaining their own registration system, and inserting in lieu thereof a new paragraph (3) to read as follows:
"(3) At least 60 days before any general election, the registrar shall obtain from the probate judge of the county a list of all persons residing in the county who appear to be disqualified from voting by reason of an adjudication of mental incompetency since the last general election; and any of these persons on the municipal list of electors shall be removed;".
Section 9. Said title is further amended by striking in its entirety subsection (a) of Code Section 21-3-283, relating to making of application for absentee ballot in connection with municipal elections, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Any absentee elector may make an application either by mail or in person in the absentee ballot clerk's office to the absentee ballot clerk for an official ballot of the elector's precinct to be voted at such primary or election. In the case of an elector residing tempora rily out of the municipality and the county in which the absentee elector permanently re sides or a physically disabled elector residing within the municipality, the application for the elector's absentee ballot may, upon satisfactory proof of relationship, be made by his mother, father, grandparent, aunt, uncle, sister, brother, spouse, son, daughter, mother-inlaw, father-in-law, brother-in-law, or sister-in law of the age of 18 or over. The application shall be in writing and shall contain sufficient information for proper identification of the elector; the permanent or temporary address of the elector to which the absentee ballot shall

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be mailed; the identity of the primary, election, or runoff in which the elector wishes to vote; the reason for requesting the absentee ballot; and the name and relationship of the person requesting the ballot if other than the elector. No absentee ballot shall be mailed to an address other than the permanent or temporary address of the elector. Relatives applying for absentee ballots for electors must also sign an oath stating that facts in the application are true. If the elector is unable to fill out or sign his own application because of illiteracy or physical disability, the elector shall make his mark, and the person filling in the rest of the application shall sign his name below it as a witness."
Section 10. Said title is further amended by striking Code Section 21-3-285 in its en tirety and inserting in lieu thereof a new Code Section 21-3-285 to read as follows:
"21-3-285. (a) At any time after receiving an official absentee ballot, but before the date of the primary or election, except electors who are confined to a hospital on the day of the primary or election, the elector shall vote his absentee ballot, then fold the ballot and close and securely seal the same in the envelope on which is printed 'Official Absentee Ballot.' This envelope shall then be placed in the second one, on which is printed the form of the oath of the elector, the name, relationship, and oath of the person assisting, if any, and other required identifying information. The elector shall then fill out, subscribe, and swear to the oath printed on such envelope. Such envelope shall then be securely sealed, and the elector shall then mail or personally deliver the same to the absentee ballot clerk, provided that delivery by a physically disabled elector may be made by any adult upon satisfactory proof that such adult is such elector's mother, father, grandparent, aunt, uncle, brother, sister, spouse, son, daughter, mother-in-law, father-in-law, brother-in-law, sister-in-law, or an individual residing in the household of such disabled elector. An elector who is confined to a hospital on a primary or election day to whom an absentee ballot is delivered by the absentee ballot clerk shall then and there vote the ballot, seal it properly, and return it to the absentee ballot clerk.
(b) A physically disabled or illiterate elector may receive assistance in preparing his ballot from one of the following: any elector selected by such elector who is qualified to vote in the same municipality as the disabled elector; or the father, mother, grandparent, brother, sister, spouse, son, daughter, mother-in-law, father-in-law, brother-in-law, or sisterin-law of the disabled elector. If the disabled elector is sojourning outside his own munici pality, a notary public of the jurisdiction may give such assistance and shall then sign the oath printed on the same envelope as the oath to be signed by the elector. No person shall assist more than ten such electors in any primary, election, or runoff.
(c) When an elector applies in person for an absentee ballot, after the absentee ballots have been printed, the absentee ballot shall be delivered to the elector within the confines of the registrar's office at the time of the application; and the elector shall then and there vote and deliver the absentee ballot as provided in subsections (a) and (b) of this Code section. The board of registrars shall furnish accommodations to the elector to ensure the privacy of the elector while voting his absentee ballot."
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.

Senator Kidd of the 25th moved that the Senate agree to the House substitute to SB 490.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin

Barker Barnes Bowen

Brantley Broun of 46th Brown of 47th

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Burton Cobb Coverdell Dawkins Deal Dean Engram Fincher Foster Gillis Harris Harrison

Hine Holloway Hudgins Huggins Kennedy Kidd Land Langford McGill McKenzie Peevy Perry

Phillips Ray Reddish Scott of 36th Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Bond Brannon Bryant Coleman

English Garner Greene Horton

Howard Scott of 2nd Starr

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 490.

The following resolution of the Senate was read and adopted:

SR 543. By Senators Cobb of the 28th, Holloway of the 12th, McKenzie of the 14th and others:
A resolution commending Pam Hartman.

The following bill of the Senate was taken up for the purpose of considering the House amendment thereto:

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.

The House amendment was as follows: Amend SB 306 by striking from the title on lines 10 and 11 on Page 1 the following:
"to provide conditions for effectiveness;",
and inserting in lieu thereof the following: "to provide for recommendations relative to funding and costs;". By deleting the quotation marks at the end of line 11 on Page 2.
By adding between lines 11 and 12 on Page 2 the following: "45-18-72. The commissioner of personnel administration shall present recommenda tions no later than December 1, 1986, for funding any start-up costs of the pilot project.'" By striking in its entirety Section 2 on lines 12 through 14 on Page 2, which Section 2 reads as follows: "Section 2. This Act shall become effective only when the funds necessary to carry out its purposes are appropriated by the General Assembly."

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By renumbering Section 3 on Page 2 as Section 2.

Senator Kidd of the 25th moved that the Senate agree to the House amendment to SB 306.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Barnes
Bowen rantley, ... , iTr/ofS gurton Cobb Coverdell Dawkins Deal Dean

English Engram Fincher
Foster Gillis "arris Holloway Howard Kennedy Kidd Land McKenzie

Peevy Perry Reddish
Scott of 2nd Scott of 36th Starr Stumbaugh Tate Tolleson Trulock Turner Walker

Those not voting were Senators:

Baldwin Barker
BB. oranndnon Bryant Coleman Garner

Greene Harrison
Hine Horton Hudgins Huggins

Langford McGill
Philliprs R"? Timmons Tysinger

On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 306.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

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 House substitute to SB 318 was as follows:

A BILL
To be entitled an Act to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to provide for outpatient procedures for determining whether outpatient or inpatient treatment should be ordered for mentally ill persons, al coholics, drug dependent individuals, and drug abusers; to change definitions; to change procedures in emergency receiving facilities, evaluating facilities, and treatment facilities regarding the examination, admission, treatment, and discharge of mentally ill persons, al coholics, drug dependent individuals, and drug abusers; to provide new standards for dis-

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charge to outpatient treatment; to provide for notices and opportunities for hearing; to pro vide for procedures regarding involuntary treatment before courts and hearing examiners and orders, powers, and duties relating thereto; to provide for enforcement of orders for outpatient treatment; to change certain terms, titles, and cross references; to provide the duration of orders to obtain outpatient treatment and for review, renewal, and extensions thereof; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended by striking Code Section 37-3-1, relating to definitions regarding treatment of mentally ill persons, and inserting in its place a new Code section to read as follows:
"37-3-1. As used in this chapter, the term:
(.1) 'Available outpatient treatment' means outpatient treatment, either public or pri vate, available in the patient's community, including but not limited to supervision and support of the patient by family, friends, or other responsible persons in that community. Outpatients treatment at state expense shall be available only within the limits of state funds specifically appropriated therefor.
(1) 'Chief medical officer' means the physician with overall responsibility for patient treatment at any facility receiving patients under this chapter or a physician appointed in writing as the designee of such chief medical officer.
(2) 'Clinical record' means a written record pertaining to an individual patient and shall include all medical records, progress notes, charts, admission and discharge data, and all other information which is recorded by a facility or other entities responsible for a patient's care and treatment under this chapter and which pertains to the patient's hospitalization and treatment. Such other information as may be required by rules and regulations of the board shall also be included.
(3) 'Community mental health center' means an organized program for the care and treatment of the mentally ill operated by a county board of health or a similar program recognized by a county board of health or the Department of Human Resources.
(4) 'Court' means:
(A) In the case of an individual who is 17 years of age or older, the probate court of the county of residence of the patient or the county in which such patient is found. Notwith standing Code Section 15-9-13, in any case in which the judge of such court is unable to hear a case brought under this chapter within the time required for such hearing or is un available to issue the order specified in subsection (b) of Code Section 37-3-41, such judge shall appoint a person to serve and exercise all the jurisdiction of the probate court in such case. Any person so appointed shall be a member of the State Bar of Georgia and shall be otherwise qualified for his duties by training and experience. Such appointment may be made on a case-by-case basis or by making a standing appointment of one or more persons. Any person receiving such standing appointment shall serve at the pleasure of the judge making the appointment or his successor in office to hear such cases if and when necessary. The compensation of a person so appointed shall be as agreed upon by the judge who makes the appointment and the person appointed with the approval of the governing authority of the county for which such person is appointed and shall be paid from the county funds of said county. All fees collected for the services of such appointed person shall be paid into the general funds of the county served; or
(B) In the case of an individual who is under the age of 17 years, the juvenile court of the county of residence of the patient or the county in which such patient is found.
(5) 'Emergency receiving facility' means a facility designated by the department to re ceive patients under emergency conditions as provided in Part 1 of Article 3 of this chapter.
(6) 'Evaluating facility' means a facility designated by the department to receive pa tients for psychiatric evaluation as provided in Part 2 of Article 3 of this chapter.

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(7) 'Facility' means any state owned or state operated hospital, community mental health center, or other facility utilized for the diagnosis, care, treatment, or hospitalization of persons who are mentally ill; any facility operated or utilized for such purpose by the United States Veterans' Administration or other federal agency; and any other hospital or facility within the State of Georgia approved for such purpose by the department.
(8) 'Full and fair hearing' or 'hearing' means a proceeding before a hearing examiner under Code Section 37-3-83 or Code Section 37-3-93 or before a court as defined in para graph (4) of this Code section. The hearing may be held in a regular courtroom or in an informal setting, in the discretion of the hearing examiner or the court, but the hearing shall be recorded electronically or by a qualified court reporter. The patient shall be provided with effective assistance of counsel. If the patient cannot afford counsel, the court shall appoint counsel for him or the hearing examiner shall have the court appoint such counsel; provided, however, that the patient shall have the right to refuse in writing the appointment of counsel, in the discretion of the hearing examiner or the court. The patient shall have the right to confront and cross-examine witnesses and to offer evidence. The patient shall have the right to subpoena witnesses and to require testimony before the hearing examiner or in court in person or by deposition from any physician upon whose evaluation the decision of the hearing examiner or the court may rest. The patient shall have the right to obtain a continuance for any reasonable time for good cause shown. The hearing examiner and the court shall apply the rules of evidence applicable in civil cases. The burden of proof shall be upon the party seeking treatment of the patient. The standard of proof shall be by clear and convincing evidence. At the request of the patient, the public may be excluded from the hearing. The patient may waive his right to be present at the hearing, in the discretion of the hearing examiner or the court. The reason for the action of the court or hearing exam iner in excluding the public or permitting the hearing to proceed in the patient's absence shall be reflected in the record.
(9) 'Individualized service plan' means a proposal developed during a patient's stay in a facility and which is specifically tailored to the individual patient's treatment needs. Each plan shall clearly include the following:
(A) A statement of treatment goals or objectives, based upon and related to a proper evaluation, which can be reasonably achieved within a designated time interval:
(B) Treatment methods and procedures to be used to obtain these goals, which methods and procedures are related to these goals and which include a specific prognosis for achiev ing these goals;
(C) Identification of the types of professional personnel who will carry out the treat ment and procedures, including appropriate medical or other professional involvement by a physician or other health professional properly qualified to fulfill legal requirements man dated under state and federal law;
(D) Documentation of patient involvement and, if applicable, the patient's accordance with the service plan; and
(E) A statement attesting that the chief medical officer has made a reasonable effort to meet the plan's individualized treatment goals in the least restrictive environment possible closest to the patient's home community.
(9.1) 'Inpatient' means a person who is mentally ill and:
(A) (i) Who presents a substantial risk of imminent harm to that person or others, as manifested by either recent overt acts or recent expressed threats of violence which present a probability of physical injury to that person or other persons; or
(ii) Who is so unable to care for that person's own physical health and safety as to create an imminently life-endangering crisis; and
(B) Who is in need of involuntary inpatient treatment.

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(9.2) 'Inpatient treatment' or 'hospitalization' means a program of treatment for mental illness within a hospital facility setting.
(9.3) 'Involuntary treatment' means inpatient or outpatient treatment which a patient is required to obtain pursuant to this chapter.
(10) 'Lease restrictive alternative,' 'least restrictive environment,' or 'least restrictive appropriate care and treatment' means that which is the least restrictive available alterna tive, environment, or care and treatment, respectively, within the limits of state funds spe cifically appropriated therefor.
(11) 'Mentally ill' means having a disorder of thought or mood which significantly im pairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life.
(12) 'Mentally ill person requiring involuntary treatment' means a person who is an inpatient or an outpatient.
(12.1) 'Outpatient' means a person who is mentally ill and:
(A) Who is not an inpatient but who, based on the person's treatment history or current mental status, will require outpatient treatment in order to avoid predictably and immi nently becoming an inpatient;
(B) Who because of the person's current mental status, mental history, or nature of the person's mental illness is unable voluntarily to seek or comply with outpatient treatment; and
(C) Who is in need of involuntary treatment.
(12.2) 'Outpatient treatment' means a program of treatment for mental illness outside a hospital facility setting which includes, without being limited to, medication and prescrip tion monitoring, individual or group therapy, day or partial programming activities, case management services, and other services to alleviate or treat the patient's mental illness so as to maintain the patient's semi-independent functioning and to prevent the patient's be coming an inpatient.
(13) 'Patient' means any mentally ill person who seeks treatment under this chapter or any person for whom such treatment is sought.
(14) 'Private facility' means any hospital facility that is a proprietary hospital or a hos pital operated by a nonprofit corporation or association approved for the purposes of this chapter, as provided herein, or any hospital facility operated by a hospital authority created pursuant to the 'Hospital Authorities Law,' Article 4 of Chapter 7 of Title 31.
(15) 'Representatives' means the persons appointed as provided in Code Section 37-3147 to receive notice of the proceedings for voluntary or involuntary treatment.
(16) 'Superintendent' means the chief administrative officer who has overall manage ment responsibility at any facility receiving patients under this chapter or an individual appointed as the designee of such superintendent.
(17) 'Treatment' means care, diagnostic and therapeutic services, including the adminis tration of drugs, and any other service for the treatment of an individual.
(18) 'Treatment facility" means a facility designated by the department to receive pa tients for psychiatric treatment as provided in Code Sections 37-3-80 through 37-3-84."
Section 2. Said title is further amended by striking Code Sections 37-3-43 and 37-3-44, relating to examination of mentally ill persons after emergency admission and notices relat ing thereto, respectively, and inserting in their place the following new Code sections to read as follows:
"37-3-43. (a) A patient who is admitted to an emergency receiving facility shall be ex amined by a physician as soon thereafter as possible but in any event within 48 hours and

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may be given such emergency treatment as is indicated by good medical practice. The pa tient must be discharged within 48 hours of his admission unless:
(1) The examining physician concludes that there is reason to believe that the patient may be a mentally ill person requiring involuntary treatment and executes a certificate to that effect within such time; or
(2) The patient is under criminal charges, notice of which has been given in writing to the facility, in which case the provisions of Code Section 37-3-95 shall apply.
Nothing in this chapter shall be construed to prohibit a physician who previously executed a certificate authorized by the provisions of this chapter from executing any other certificate provided for in this chapter for the same or any other patient.
(b) Within 24 hours of the execution of the physician's certificate under paragraph (1) of subsection (a) of this Code section, the patient shall be transported, as provided in Code Section 37-3-101, to an evaluating facility where he shall be received pursuant to Code Sec tion 37-3-63 unless the patient has been determined and certified to meet all of the outpa tient treatment requirements of paragraphs (1), (2), and (3) of subsection (c) of Code Sec tion 37-3-90, in which event the patient shall be discharged under the conditions provided in Code Section 37-3-91, except that if the patient is under criminal charges, notice of which has been given in writing to the facility, the provisions of Code Section 37-3-95 shall apply.
(c) Notice of any proposed discharge shall be given to the patient and his representa tives; if the patient was admitted to the facility under subsection (a) of Code Section 37-341, to the physician who executed the certificate; if the patient was admitted to the facility under subsection (b) of Code Section 37-3-41, to the court which issued the order; and, if the patient was under criminal charges, written notice of which had been given to the facil ity, by certified mail to the law enforcement agency originally having custody of the patient.
37-3-44. (a) Immediately upon arrival of a patient at an emergency receiving facility under Code Section 37-3-43, the facility shall give the patient written notice of his right to petition for a writ of habeas corpus or for a protective order under Code Section 37-3-148. This written notice shall also inform the patient that he has a right to legal counsel and that, if the patient is unable to afford counsel, the court will appoint counsel.
(b) The notice informing the patient's representatives of the patient's hospitalization in an emergency receiving facility shall include a clear notification that the representatives may petition for a writ of habeas corpus or for a protective order under Code Section 37-3148."
Section 3. Said title is further amended by striking Code Section 37-3-64, relating to detention of mentally ill persons in an evaluating facility, and inserting in its place a new Code section to read as follows:
"37-3-64. (a) A patient who has been admitted to an evaluating facility pursuant to Code Section 37-3-43, 37-3-63, or subparagraph (a)(3)(B) of Code Section 37-3-81.1 may be detained for a period not to exceed five days, Saturdays, Sundays, and holidays excluded. The patient shall be discharged upon a finding that the patient is not a mentally ill person requiring involuntary treatment or upon a finding and certification that the patient meets all of the outpatient treatment requirements of paragraphs (1), (2), and (3) of subsection (c) of Code Section 37-3-90, in which event a patient meeting those outpatient treatment re quirements shall be discharged under the conditions provided in Code Section 37-3-91 but, in any event, upon the expiration of the five-day evaluation period unless:
(1) Within that period:
(A) The patient is admitted as a voluntary patient under Code Section 37-3-20; or
(B) The patient is admitted for involuntary inpatient treatment under Code Section 373-81; or
(2) The patient is under criminal charges, notice of which has been given in writing to the facility, in which case the provisions of Code Section 37-3-95 shall apply.

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(b) If hospitalization appears desirable, the staff physicians of the evaluating facility shall encourage the patient to apply for voluntary hospitalization unless the attending phy sician finds that the patient is unable to understand the nature of voluntary hospitalization, that voluntary hospitalization would be harmful to the patient, or that the patient is deter mined to be a mentally ill person in need of involuntary treatment, which finding shall be entered in the patient's record.
(c) If, after evaluation of the patient, it is determined by the chief medical officer that proceedings for involuntary treatment of the patient should be initiated pursuant to Code Section 37-3-81 or pursuant to Part 4 of this article, the chief medical officer shall direct that an individualized service plan be developed for that patient during the five-day period that he is detained for evaluation in the facility.
(d) Notice of the discharge shall be given to the patient and his representatives; to the person who filed the petition; if the patient was admitted to the evaluating facility from an emergency receiving facility under Code Section 37-3-43, to the physician who executed the certificate or to the court which issued the order pursuant to Code Section 37-3-41; if the patient was under criminal charges of which the facility received written notification, by certified mail to the law enforcement agency originally having custody of the patient; and, if the patient was admitted to the evaluating facility under Code Section 37-3-62, to the court that offered the evaluation."
Section 4. Said title is further amended by striking Part 3 of Chapter 3 thereof, relating to treatment facilities for mentally ill persons, and inserting in its place a new Part 3 to read as follows:
"Part 3
37-3-80. Any state owned or state operated facility may be designated by the depart ment as a treatment facility. The department shall maintain a treatment facility at each regional hospital which shall accept patients found in any county in the service region of the hospital. Any other facility within the State of Georgia may be so designated by the depart ment at the request of or with the consent of the governing officers of the facility.
37-3-81. (a) The patient may be detained at a facility beyond the evaluation period unless voluntary hospitalization is sought under subparagraph (a)(l)(A) of Code Section 373-64 only upon the recommendation of the chief medical officer of an evaluating facility where the patient has been examined under Part 2 of this article, which recommendation is supported by the opinions of two physicians who have personally examined the patient within the preceding five days and who agree that the patient is a mentally ill person requir ing involuntary treatment but who does not meet the outpatient treatment requirements of paragraphs (1), (2), and (3) of subsection (c) of Code Section 37-3-90. Such recommendation of the chief medical officer and the opinions of the physicians shall be entered on a certifi cate. The certificate shall be filed along with a petition for a hearing in the court of the county in which the patient is being detained for evaluation. Nothing in this chapter shall be construed to prohibit a physician or a chief medical officer who has previously executed any other certificate authorized by the provisions of this chapter from executing a certificate provided for in this Code section for the same or any other patient. The certificate and petition shall be filed within five days, Saturdays, Sundays, and holidays excluded, after the patient is admitted to a facility for evaluation under Code Section 37-3-63. Such filing shall authorize detention of the patient by the facility pending completion of a full and fair hear ing under this Code section. Copies of the certificate shall be served on the patient and his representatives within five days after the certificate is filed and shall be accompanied by:
(1) A notice that a hearing will be held and the time and place thereof;
(2) A notice that the patient has a right to counsel, that the patient or his representa tives may apply immediately to the court to have counsel appointed if the patient cannot afford counsel, and that in such case the court will appoint counsel for the patient unless the patient indicates in writing that he does not desire to be represented by counsel;
(3) A copy of the individualized service plan developed by the facility under this chap ter shall be sent to the patient and shall be sent to the patient's representative if requested

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by such representative. Notice of the right to receive such plan shall be given to the repre sentatives at the time the service plan is sent to the patient;
(4) A notice that the patient has a right to be examined by a physician of his own choice at his own expense and to have that physician submit a suggested service plan for the patient which conforms with the requirements of paragraph (9) of Code Section 37-3-1; and
(5) A notice that the patient may waive in writing the hearing described in subsection (c) of this Code section.
(b) If the hearing is waived, the certificate shall serve as authorization for the patient to begin treatment under the terms of the individualized service plan; and the chief medical officer of the facility where the patient is located shall be responsible for the supervision of the service plan.
(c) In any case in which a patient is retained in an evaluating facility pursuant to a petition filed under subsection (a) of this Code section, the court shall hold a full and fair hearing as provided in Code Section 37-3-81.1 unless the hearing is waived in writing by the patient. The hearing shall be held no sooner than seven days and no later than 12 days after the petition is filed with the court.
37-3-81.1. (a) At those hearings required under subsection (c) of Code Section 37-3-81 and subsection (a) of Code Section 37-3-92, the court shall determine whether the patient is a mentally ill person requiring involuntary treatment and, if so, whether the patient is an inpatient or outpatient and, unless otherwise provided in this subsection, the type of invol untary treatment the patient should be ordered to obtain. At such hearing, if the court determines:
(1) That the patient is not a mentally ill person requiring involuntary treatment, the court shall order that the patient be immediately discharged;
(2) That the patient is an outpatient, the court shall further determine, based upon either the individualized service plan required to be prepared under subsection (c) of Code Section 37-3-64 or subsection (b) of Code Section 37-3-91 or the individualized service plan proposed by the physician chosen by the patient, whether there is available outpatient treatment for the patient which meets the requirements of the plan chosen by the court and whether the patient will likely obtain that treatment so as to minimize the likelihood of the patient's becoming an inpatient. If the court determines that there is such available outpa tient treatment which the patient will likely obtain so as to minimize the likelihood of the patient's becoming an inpatient, then the court shall order the patient to obtain that treat ment and shall discharge the patient subject to such order;
(3) That the patient is an outpatient who does not meet the requirements for discharge under paragraph (2) of this subsection and:
(A) The hearing under this subsection was required by subsection (c) of Code Section 37-3-81, the court shall order that the patient be discharged; or
(B) The hearing under this subsection is required by subsection (a) of Code Section 373-92, the court shall order that the patient be admitted to an evaluating facility, and this chapter shall thereafter apply to that patient as though the patient had been admitted to that facility pursuant to Code Section 37-3-62; or
(4) That the patient is an inpatient, the court shall order that the patient shall be transported to a treatment facility where the patient shall be admitted for care and treat ment, which order may also require that a period of such inpatient treatment be followed by available outpatient treatment if there is such outpatient treatment which will meet the requirements of the patient's individualized service plan and the patient will likely obtain the treatment so as to minimize the likelihood of the patient's becoming an inpatient.
(b) If the court at a hearing under subsection (a) of this Code section concludes that the patient is a mentally ill person requiring involuntary treatment, it shall make findings of fact and conclusions of law in support of that conclusion as part of its final order.

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(c) The court may order the hospitalization of any patient pursuant to paragraph (4) of subsection (a) of this Code section for any period not to exceed six months, subject to the power of the chief medical officer to discharge the patient under subsection (b) of Code Section 37-3-85. If continued hospitalization is necessary at the end of that period, the chief medical officer shall apply for an order authorizing such continued hospitalization under Code Section 37-3-83.
(d) The court may order the patient to obtain available outpatient treatment under the additional conditions specified in Code Section 37-3-93 and 37-3-94.
37-3-82. (a) If at any time during a period of involuntary outpatient treatment, includ ing but not limited to interim outpatient treatment arranged pursuant to subsection (b) of Code Section 37-3-91:
(1) The patient fails without good cause to comply with the outpatient service plan;
(2) The physician in charge of the patient's outpatient treatment determines that, be cause of a change in the patient's condition, the least restrictive alternative which would accomplish the patient's treatment goals is hospitalization of the patient; or
(3) The conditions described in both paragraphs (1) and (2) of this subsection exist with regard to the patient,
the physician in charge of the patient's outpatient treatment may execute a certificate under the conditions specified therefor in subsection (a) of Code Section 37-3-41. In addition to any other requirements, that certificate shall specify those conditions under paragraphs (1), (2), and (3) of this subsection upon which issuance of the certificate is based. That certifi cate shall have the same duration and effect as a certificate issued pursuant to subsection (a) of Code Section 37-3-41.
(b) With regard to a patient whom the court knows to be required to obtain involuntary outpatient treatment, the court may issue any order authorized under subsection (b) of Code Section 37-3-41 only upon the court's determination, in addition to any other require ment for that order, that such patient has not complied with the involuntary outpatient treatment or that the patient reasonably appears to be an inpatient.
37-3-83. (a) If it is necessary to continue involuntary treatment of a hospitalized patient beyond the end of the period during which the treatment facility is currently authorized under this chapter to retain the patient, the chief medical officer prior to the expiration of the period shall seek an order authorizing such continued treatment in the manner provided in this Code section. The chief medical officer may seek such an order authorizing continued involuntary treatment involving inpatient treatment, outpatient treatment, or both under the procedures of this Code section and Code Section 37-3-93.
(b) If the chief medical officer finds that continued involuntary treatment is necessary (1) for an individual who was admitted while serving a criminal sentence but whose sentence is about to expire or (2) for an individual who was hospitalized while under the jurisdiction of a juvenile court but who is about to reach the age of 17, the chief medical officer shall seek an order authorizing such continued treatment in the manner provided in this Code section; and this chapter shall apply fully to such a patient after that time.
(c) A Committee for Continued Involuntary Treatment Review shall be established by the chief medical officer of each hospital and shall consist of not less than three physicians and not less than two other persons of a professional status. The committee may conduct its meetings with a quorum of any three members. The function of this committee shall be to review and evaluate the updated individualized service plan of each patient of the hospital and to report to the chief medical officer its recommendations concerning the patient's need for continued involuntary treatment. No person who has responsibility for the care and treatment of the individual patient for whom continued involuntary treatment is requested shall serve on any committee which reviews such individual's case.
(d) If the chief medical officer desires to seek an order under this Code section authoriz ing continued involuntary treatment for up to 12 months beyond the expiration of the cur-

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rently authorized period of hospitalization, he shall first file a notice of such intended action with the Committee for Continued Involuntary Treatment Review, which notice shall be forwarded to the committee at least 60 days prior to the expiration of that period.
(e) Within ten days of the date of the notice, the committee shall meet to consider the matter of the chief medical officer's intention to seek an order for continued involuntary treatment. Prior to the committee's meeting, the patient and his representatives shall be notified of the following: the purpose of such meeting, the time and place of such meeting, their right to be present at such meeting, and their right to present any alternative individu alized service plan secured at their expense. In those cases in which the patient will not or cannot appear, at least one member of the committee will make all reasonable efforts to interview the patient and report to the committee. The attending physician shall present an updated individualized service plan for the patient to the committee. The committee shall report to the chief medical officer or his designee, other than the attending physician or a member of the committee, its written recommendations along with any minority recommen dations which may also be submitted. Such report will specify whether or not the patient is a mentally ill person requiring involuntary treatment and whether continued hospitalization is the least restrictive alternative available.
(f) If, after considering the committee's recommendations and minority recommenda tions, if any, the chief medical officer or his designee, other than the attending physician or a member of the committee, determines that the patient is not a mentally ill person requir ing involuntary treatment, the patient shall be immediately discharged from involuntary hospitalization pursuant to subsection (b) of Code Section 37-3-85.
(g) If, after considering the committee's recommendations and minority recommenda tions, if any, the chief medical officer or his designee, other than the attending physician or member of the committee, determines that the patient is a mentally ill person requiring involuntary treatment, he shall, within ten days after receiving the committee's recommen dations, serve a petition for an order authorizing continued involuntary treatment along with copies of the updated individualized service plan and the committee's report on the designated office within the department and shall also serve such petition along with a copy of the updated individualized service plan on the patient. A copy of the petition shall be served on the patient's representatives. The petition shall contain a plain and simple state ment that the patient or his representatives may file a request for a hearing with a hearing examiner appointed pursuant to Code Section 37-3-84 within 15 days after service of the petition, that the patient has a right to counsel at the hearing, that the patient or his repre sentatives may apply immediately to the court to have counsel appointed if the patient cannot afford counsel, and that the court will appoint counsel for the patient unless the patient indicates in writing that he does not desire to be represented by counsel or has made his own arrangements for counsel.
(h) If a hearing is not requested by the patient or the representatives within 15 days of service of the petition on the patient and his representatives, the hearing examiner shall make an independent review of the committee's report, the updated individualized service plan, and the petition. If he concludes that continued involuntary treatment may not be necessary or if he finds any member of the committee so concluded, then he shall order that a hearing be held pursuant to subsection (i) of this Code section. If he concludes that con tinued involuntary treatment is necessary, then he shall order continued involuntary treat ment involving inpatient treatment, outpatient treatment, or both for a period not to exceed one year.
(i) If a hearing is requested within 15 days of service of the petition on the patient and his representatives or if the hearing examiner orders a hearing pursuant to subsection (h) or (i) of this Code section, the hearing examiner shall set a time and place for the hearing to be held within 25 days of the time the hearing examiner receives the request but in any event no later than the day on which the current order of involuntary inpatient treatment expires. Notice of the hearing shall be served on the patient, his representatives, the facility, and, when appropriate, on counsel for the patient. The hearing examiner, within his discretion,

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may grant a change of venue for the convenience of parties or witnesses. Such hearing shall be a full and fair hearing, except that the patient's attorney, when the patient is unable to attend the hearing and is incapable of consenting to a waiver of his appearance, may move that the patient not be required to appear; however, the record shall reflect the reasons for the hearing examiner's actions. After such hearing, the hearing examiner may issue any or der which the court is authorized to issue under Code Section 37-3-81.1 and subject to the limitations of that Code Section 37-3-81.1, provided that a patient who is an outpatient who does not meet the requirements for discharge under paragraph (2) of subsection (a) of Code Section 37-3-81.1 shall nevertheless be discharged and provided that the hearing examiner may order the patient's continued inpatient treatment, outpatient treatment, or both for a period not to exceed one year, subject to the power to discharge the patient under subsec tion (b) of Code Section 37-3-85 or under Code Section 37-3-94. In the event that an order approving continued hospitalization is entered for an individual 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.
(j) The hearing examiner for a patient who was admitted under the jurisdiction of the juvenile court and who reaches the age of 17 within having had a full and fair hearing pursu ant to any provisions of this chapter or without having waived such hearing shall order that a hearing be held pursuant to subsection (i) of this Code section.
37-3-84. (a) One or more hearing examiners shall be appointed by the Justices of the Supreme Court to hold the hearings under Code Section 37-3-83. Such hearing examiners shall be members of the State Bar of Georgia and shall be compensated by the department.
(b) The hearing examiners shall have the authority to:
(1) Administer oaths and affirmations;
(2) Sign and issue subpoenas;
(3) Rule upon offers of proof;
(4) Regulate the course of the hearing;
(5) Provide for the taking of testimony by deposition;
(6) Reprimand or exclude from the hearing any person for any indecorous or improper conduct committed in the presence of the hearing examiner; and
(7) Make all appropriate orders authorized by this chapter.
(c) If a subpoena issued by the hearing examiner is disobeyed, the hearing examiner may apply to the superior court of the county in which the hearing is held for an order requiring obedience. Failure to comply with such order shall be cause for punishment as for contempt of court.
(d) In the event a patient desires counsel in a hearing before the hearing examiner but cannot afford such counsel, the hearing examiner shall apply to the court of the county in which the hearing is held and that court shall appoint counsel for the patient. Payment for such representation shall be made by the county of the patient's legal residence.
37-3-85. (a) Each individualized service plan for a patient receiving involuntary inpa tient treatment shall be reviewed at regular intervals to determine the patient's progress toward the stated goals and objectives of the plan and to determine whether the plan should be modified because of the patient's present condition. These reviews should be based upon relevant progress notes in the patient's clinical record and upon other related information; and input from the patient should be obtained and utilized where feasible.
(b) Any time a patient receiving involuntary inpatient treatment is found by the chief

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medical officer no longer to be a mentally ill person requiring involuntary inpatient treat ment, the chief medical officer may:
(1) Discharge the patient from involuntary outpatient or inpatient treatment, or both subject to the conditions of Code Section 37-3-95;
(2) Discharge the patient from involuntary inpatient treatment and require that the patient obtain available outpatient treatment for the remaining period the patient was to have been required to obtain inpatient treatment, as long as the patient then meets the standards for being discharged to outpatient treatment under paragraph (2) of subsection (a) of Code Section 37-3-81.1 and subject to the conditions of Code Section 37-3-95; or
(3) Transfer the patient to voluntary status at the patient's request, as provided in Code Section 37-3-24.
(c) Notice of the discharge or the transfer of status shall be given to the patient and his representatives; if the patient's hospitalization was authorized by order of a court, to the court which entered such order; and, if the patient was under criminal charges of which the facility received written notification, by certified mail to the law enforcement agency origi nally having custody of the patient."
Section 5. Said title is further amended by adding immediately following said Part 3 of Chapter 3 thereof a new Part 4 to read as follows:
"Part 4
37-3-90. (a) When a physician at a facility or on behalf of a facility determines and certifies under this article that there is reason to believe a patient admitted to or examined at the facility is a mentally ill person requiring involuntary treatment, that physician shall further determine and certify whether there is reason to believe the patient is:
(1) An inpatient or outpatient; and
(2) If an outpatient, whether:
(A) There is available outpatient treatment; and
(B) The patient will likely comply with the outpatient treatment so as to minimize the likelihood of the patient's becoming an inpatient.
(b) Unless otherwise specifically provided, the determination and certification as to paragraphs (1) and (2) of subsection (a) of this Code section shall be made within the time period required for determining whether a patient is a mentally ill person requiring involun tary treatment, except that if such determination is made by a physician at or on behalf of a community mental health center, the determination and certification shall be made within four hours after the patient is examined by the physician.
(c) A person determined and certified to be:
(1) An outpatient;
(2) A person for whom there is available outpatient treatment and
(3) Likely to comply with the outpatient treatment so as to minimize the likelihood of the patient's becoming an inpatient
shall be considered to be in need of involuntary outpatient treatment and not involuntary inpatient treatment for purposes of further proceedings under this article until such time as that person's status is determined to be otherwise pursuant to those proceedings.
(d) A person determined and certified to be a mentally ill person requiring involuntary treatment who does not meet all of the requirements of paragraphs (1), (2), and (3) of sub section (c) of this Code section shall be considered to be in need of involuntary inpatient treatment and not involuntary outpatient treatment for purposes of further proceedings under this article until such time as that person's status is determined to be otherwise pur suant to those proceedings.

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37-3-91. (a) A person who is in the physical custody of a facility and who is determined by a physician, at or on behalf of that facility, to meet all of the outpatient treatment re quirements of paragraphs (1), (2), and (3) of subsection (c) of Code Section 37-3-90 shall be discharged from that facility as provided in this Code section pending a full and fair hearing or waiver thereof under Code Section 37-3-92. That discharge from a community mental health center shall occur within four hours after the patient is examined by a physician at or on behalf of that center. That discharge from an emergency receiving facility shall occur within 48 hours after the patient's admission thereto. That discharge from an evaluating or treatment facility shall occur no later than the expiration of the time period established under Code Section 37-3-64 for the discharge of a patient determined not to be a mentally ill person requiring involuntary treatment.
(b) Prior to discharging the patient under subsection (a) of this Code Section, but within the time period the facility is authorized to retain the patient, the facility at which or on behalf of which the patient was examined, which facility shall be the 'referring facility' for purposes of this part, shall prepare an individualized service plan for the patient. This plan shall be prepared in consultation with the facility at which available outpatient treat ment is to be provided the patient, which facility shall be the 'receiving facility' for purposes of this part. The referring facility shall also make arrangements with the receiving facility to provide interim outpatient treatment, in accordance with the individualized service plan, to the patient pending the full and fair hearing or waiver thereof. Nothing in this Code section shall prevent a referring facility for a patient from also being the receiving facility for that patient.
(c) A patient for whom interim outpatient treatment is arranged pursuant to subsection (b) of this Code section shall obtain that treatment or be subject to the provisions of Code Section 37-3-82. Written notice of the time, date, place, and address for that interim outpa tient treatment shall be provided the patient prior to the patient's discharge, along with written notification that if the patient does not comply with the interim outpatient treat ment or attend or waive a hearing, the time and date of which hearing will later be provided the patient, the patient may be involuntarily admitted for examination, treatment, or both. Notice of the discharge shall be provided to persons other than the patient in the same manner and under the same conditions as required by subsection (c) of Code Section 37-343 and subsection (d) of Code Section 37-3-64, and that notice shall also include a notice regarding the interim outpatient treatment and the consequences if the patient does not obtain the treatment or attend or waive the hearing.
(d) Within three days after a referring facility has discharged a patient pursuant to subsection (a) of this Code section, that facility shall transmit to the receiving facility a copy of the referring facility's examination report, individualized service plan, and such other necessary clinical information the referring facility may have regarding the patient. Within five days after receiving such report, plan, and information, the receiving facility shall petition the court of the county in which the patient is located for a full and fair hearing pursuant to Code Section 37-3-92 and include with the petition a copy of the exami nation report, the individualized service plan, and the address to which the patient was discharged by the referring facility.
37-3-92. (a) Except when a hearing is waived as provided in this subsection, within 30 days after the filing of the petition under subsection (d) of Code Section 37-3-91, the court shall hold a full and fair hearing. At least ten days prior to that hearing, the court shall have served on the patient and the patient's representatives the same notices and information required by paragraphs (1) through (4) of subsection (a) of Code Section 37-3-81, as well as a notice that the patient may waive in writing the hearing but if the patient does not either attend or waive the hearing the court may order the patient to be taken into custody, hospi talized, evaluated, and treated. The patient and representatives shall have the rights speci fied in those notices. Hearings held pursuant to this subsection shall be held as provided in Code Section 37-3-81.1, and the court holding the hearing may issue any order authorized by and subject to the limitations of that Code Section 37-3-81.1.

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(b) If the patient is notified of the hearing as required under subsection (a) of this Code section and does not appear at or waive that hearing, absent a showing of good cause for not appearing, the court may issue an order commanding any peace officer to take such person into custody and deliver that person to an emergency receiving facility or the referring facil ity if there is a physician available there and this chapter shall thereafter apply to that patient as though the patient had been admitted to that facility pursuant to subsection (b) of Code Section 37-3-41.
(c) If the hearing is waived as provided in subsection (a) of this Code section, that hearing shall not be held but the court shall order the patient to obtain available outpatient treatment under the individualized service plan submitted with the petition for hearing.
37-3-93. (a) Pursuant to Code Section 37-3-81.1 or Code Section 37-3-92, the court may order the patient to obtain available outpatient treatment for any period not to exceed one year, but the total period of involuntary treatment required by such order, including inpatient treatment within the limitations of Code Section 37-3-81.1, shall not exceed one year.
(b) If it is necessary to continue available outpatient treatment beyond the period au thorized pursuant to subsection (a) of this Code section, at least 60 days prior to the expira tion of that period the physician responsible for that treatment, or the person responsible for the patient's treatment under the direction and with approval of the physician shall:
(1) Update the patient's individualized service plan;
(2) Prepare a report containing evidence that the patient meets all the requirements for available outpatient treatment under paragraphs (1), (2), and (3) of subsection (c) of Code Section 37-3-90; and
(3) Petition the hearing examiners appointed to hold hearings under Code Section 37-383 for an order requiring the patient to obtain available outpatient treatment beyond the period previously ordered for the patient.
The petition shall contain a plain and simple statement that the patient or the patient's representatives may file a request for a hearing with a hearing examiner appointed to hold hearings pursuant to Code Section 37-3-83 within 15 days after service of the petition, that the patient has a right to counsel at the hearing, that the patient or the patient's represent atives may apply immediately to the court to have counsel appointed if the patient cannot afford counsel, and that the court will appoint counsel for the patient unless the patient indicates in writing that the patient does not desire to be represented by counsel or has made the patient's own arrangements for counsel.
(c) If a hearing is not requested by the patient or the representatives within 15 days of service of the petition on the patient and the patient's representatives, the hearing examiner shall make an independent review of the report, the updated individualized service plan, and the petition. If the hearing examiner concludes from that review that the patient is no longer a mentally ill person requiring involuntary treatment, then that hearing examiner shall order that a hearing be held pursuant to subsection (d) of this Code section. If the hearing examiner concludes that the patient meets all the requirements for available outpa tient treatment under paragraphs (1), (2), and (3) of subsection (c) of Code Section 37-3-90, then the hearing examiner shall order continued outpatient treatment for a period not to exceed one year.
(d) If the hearing examiner orders a hearing pursuant to subsection (c) or (e) of this Code section or if a hearing is requested within 15 days of service of the petition on the patient and the patient's representatives, the hearing examiner shall set a time and place for the hearing to be held within 25 days of the time the hearing examiner receives the request but in any event no later than the day on which the current order of involuntary outpatient treatment expires. Notice of the hearing shall be served on the patient, the patient's repre sentatives, the facility providing outpatient treatment for the patient, and, when appropri ate, on counsel for the patient. The hearing examiner, within that persons's discretion, may grant a change of venue for the convenience of parties or witnesses. Such hearing shall be a full and fair hearing. After such hearing, the hearing examiner may issue any order which

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the court is authorized to issue under paragraphs (1), (2), and (3) of subsection (a) of Code Section 37-3-81.1 and subject to the limitations of that Code section. If the patient does not appear at the hearing, absent a showing of good cause, the hearing examiner may issue any order the court is authorized to issue under subsection (b) of Code Section 37-3-92.
(e) The hearing examiner for a patient who is ordered to obtain available outpatient treatment, who is under the jurisdiction of the juvenile court, and who reaches the age of 17 without having had a full and fair hearing pursuant to any provisions of this article or with out having waived such hearing shall order that a hearing be held pursuant to subsection (d) of this Code section.
37-3-94. (a) Each individualized service plan for available outpatient treatment shall be reviewed at regular intervals to determine the patient's progress toward the stated goals and objectives of the plan and to determine whether the plan should be modified because of the patient's present condition. These reviews should be based upon relevant progress notes in the patient's clinical record and upon other related information; and input from the patient should be obtained and utilized where feasible.
(b) Any time a patient is found by the physician in charge of the patient's outpatient treatment no longer to be a mentally ill person requiring involuntary treatment, that physi cian shall discharge the patient from further compliance with the treatment.
(c) Notice of the discharge under subsection (b) of this Code section shall be given to the patient and his representatives; to the court which originally ordered such involuntary treatment; and, if the patient was under criminal charges of which the facility received writ ten notification, by certified mail to the law enforcement agency originally having custody of the patient.
37-3-95. Notwithstanding any other provisions of any part of this article, a patient under criminal charges, notice of which has been given in writing to the facility, may only be discharged from the physical custody of a facility if the facility, by certified mail, provides written notification of the proposed discharge to the law enforcement agency originally hav ing custody of the patient and the patient is discharged into the physical custody of a peace officer from that agency. That agency shall be required to assume such physical custody within five days after receipt in writing of the notification of proposed discharge."
Section 6. Said title is further amended by striking Code Section 37-7-1, relating to definitions regarding treatment of alcoholics, drug dependent individuals, and drug abusers, and inserting in its place a new Code section to read as follows:
"37-7-1. As used in this chapter, the term:
(1) 'Alcoholic' means a person who habitually lacks self-control as to the use of alcoholic beverages or who uses alcoholic beverages to the extent that his health is substantially im paired or endangered or his social or economic function is substantially disrupted.
(2) 'Alcoholic beverages' means alcoholic spirits, liquors, wines, beers, and every liquid or fluid, patented or not, containing alcoholic spirits, wine, or beer or any other liquid or fluid containing alcohol in any form and producing intoxication in any form or to any degree.
(3) 'Alcoholic, drug dependent individual, or drug abuser requiring involuntary treat ment' means a person who is an inpatient or an outpatient.
(3.1) 'Available outpatient treatment' means outpatient treatment, either public or pri vate, available in the patient's community, including but not limited to supervision and support of the patient by family, friends, or other responsible persons in that community. Outpatient treatment at state expense shall be available only within the limits of state funds specifically appropriated therefor.
(4) 'Chief medical officer' means the physician with overall responsibility for patient treatment at any facility receiving patients under this chapter or a physician appointed in writing as the designee of such chief medical officer.

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(5) 'Clinical record' means a written record pertaining to an individual patient and shall include all medical records, progress notes, charts, admission and discharge data, and all other information which is recorded by a facility which pertains to the patient's hospitalization and treatment. Such other information as may be required by rules and regulations of the board shall also be included.
(6) 'Community mental health center' means an organized program for the care and treatment of alcoholics, drug dependent individuals, or drug abusers operated by a county board of health or a similar such program recognized by a county board of health or the Department of Human Resources and shall include ambulatory day detoxification centers, methadone treatment centers, and drug counseling centers.
(7) 'Court' means:
(A) In the case of an individual who is 17 years of age or older, the probate court for the county of residence of the patient or the county in which such patient is found. Notwith standing Code Section 15-9-13, in any case in which the judge of the probate court is unable to hear a case brought under this chapter within the time required for such hearing or is unavailable to issue the order specified in subsection (b) of Code Section 37-7-41, the judge shall appoint a person to serve and exercise all the jurisdiction of the probate court in such case. Any person so appointed shall be a member of the State Bar of Georgia and be other wise qualified for his duties by training and experience. Such appointment may be made on a case-by-case basis or by making a standing appointment of one or more persons. Any person receiving such a standing appointment shall serve at the pleasure of the judge mak ing the appointment or his successor in office to hear such cases if and when necessary. The compensation of a person so appointed shall be as agreed upon by the judge who makes the appointment and the person appointed and as approved by the governing authority of the county for which such person is appointed and shall be paid from the county funds of the county. All fees collected for the services of such appointed person shall be paid into the general funds of the county served; or
(B) In the case of an individual who is under the age of 17 years, the juvenile court of the county of residence of the patient or the county in which the patient is found.
(8) 'Drug dependent individual' or 'drug abuser' means a person who habitually lacks self-control as to the use of opium, heroin, morphine, or any derivative or synthetic drug of that group, barbiturates, other sedatives, tranquilizers, amphetamines, lysergic acid diethylamide or other hallucinogens, or any drug, dangerous drug, narcotic drug, marijuana, or controlled substance, as defined in Article 2 or Article 3 of Chapter 13 of Title 16 or Chapter 3 of Title 26; or a person who uses such drugs to the extent that his health is substantially impaired or endangered or his social or economic function is substantially disrupted; pro vided, however, that no person shall be deemed a drug dependent individual or abuser solely by virtue of his taking, according to directions, any such drugs pursuant to a lawful pre scription issued by a physician in the course of professional treatment for legitimate medical purposes.
(9) 'Emergency receiving facility' means a facility designated by the department to re ceive patients under emergency conditions as provided in Part 1 of Article 3 of this chapter.
(10) 'Evaluating facility' means a facility designated by the department to receive pa tients for evaluation as provided in Part 2 of Article 3 of this chapter.
(11) 'Facility' means any state owned or state operated hospital, community mental health center, or other facility utilized for the diagnosis, care, treatment, or hospitalization of persons who are alcoholics, drug dependent individuals, or drug abusers and any other hospital or facility within the State of Georgia approved for such purpose by the department.
(12) 'Full and fair hearing' or 'hearing' means a proceeding before a hearing examiner under Code Section 37-7-83 or Code Section 37-7-93 or before a court as defined in para graph (7) of this Code section. The hearing may be held in a regular courtroom or in an informal setting, in the discretion of the hearing examiner or the court, but the hearing shall

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be recorded electronically or by a qualified court reporter. The patient shall be provided with effective assistance of counsel. If the patient cannot afford counsel, the court shall appoint counsel for him or the hearing examiner shall have the court appoint such counsel; provided, however, that the patient shall have the right to refuse in writing the appointment of counsel, in the discretion of the hearing examiner or the court. The patient shall have the right to confront and cross-examine witnesses and to offer evidence. The patient shall have the right to subpoena witnesses and to require testimony before the hearing examiner or in court in person or by deposition from any physician upon whose evaluation the decision of the hearing examiner or the court may rest. The patient shall have the right to obtain a continuance for any reasonable time for good cause shown. The hearing examiner and the court shall apply the rules of evidence applicable in civil cases. The burden of proof shall be upon the party seeking treatment of the patient. The standard of proof shall be by clear and convincing evidence. At the request of the patient, the public may be excluded from the hearing. The patient may waive his right to be present at the hearing, in the discretion of the hearing examiner or the court. The reason for the action of the court or hearing exam iner in excluding the public or permitting the hearing to proceed in the patient's absence shall be reflected in the record.
(13) 'Incapacitated by alcohol and drugs' means that a person, as a result of the use of alcoholic beverages, any drug, or any other substances listed in paragraph (8) of this Code section, exhibits life-threatening levels of intoxication, withdrawal, or imminent danger thereof, or acute medical problems; or is under the influence of alcoholic beverages or drugs or any other substances listed in paragraph (8) of this Code section to the extent that the person is incapable of caring for himself or protecting himself due to the continued con sumption or use thereof.
(14) 'Individualized treatment plan' means a proposal developed during a patient's stay in a facility and which is specifically tailored to the individual patient's treatment needs. Each plan shall clearly include the following:
(A) A statement of treatment goals or objectives based upon and related to a proper evaluation, which can be reasonably achieved within a designated time interval;
(B) Treatment methods and procedures to be used to obtain these goals, which methods and procedures are related to these goals and which include a specific prognosis for achiev ing these goals;
(C) Identification of the types of professional personnel who will carry out the treat ment and procedures, including appropriate medical or other professional involvement by a physician or other health professional property qualified to fulfill legal requirements man dated under state and federal law;
(D) Documentation of patient involvement and, if applicable, the patient's accordance with the treatment plan; and
(E) A statement attesting that the chief medical officer has made a reasonable effort to meet the plan's individualized treatment goals in the least restrictive environment possible closest to the patient's home community.
(14.1) 'Inpatient' means a person who is an alcoholic, a drug dependent individual, or a drug abuser and:
(A) (i) Who presents a substantial risk of imminent harm to that person or others, as manifested by either recent overt acts or recent expressed threats of violence which present a probability of physical injury to that person or other persons; or
(ii) Who is incapacitated by alcoholic beverages, drugs, or any other substances listed in paragraph (8) of this Code section on a recurring basis; and
(B) Who is in need of involuntary inpatient treatment.
(14.2) 'Inpatient treatment* or 'hospitalization' means a program of treatment for al coholics, drug dependent individuals, or drug abusers within a hospital facility setting.

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(14.3) 'Involuntary treatment' means inpatient or outpatient treatment which a patient is required to obtain pursuant to this chapter.
(15) 'Least restrictive alternative,' 'least restrictive alternative placement,' 'least restric tive environment,' or 'least restrictive appropriate care and treatment' means that which is the least restrictive available alternative, placement, environment, or care and treatment, respectively, within the limits of state funds specifically appropriated therefor.
(15.1) 'Outpatient' means a person who is an alcoholic, drug dependent individual, or drug abuser and:
(A) Who is not an inpatient but who, based on the person's treatment history or recur rent lack of self-control regarding the use of alcoholic beverages, drugs, or any other sub stances listed in paragraph (8) of this Code section, will require outpatient treatment in order to avoid predictably and imminently becoming an inpatient;
(B) Who because of the person's current mental state and recurrent lack of self-control regarding the use of alcoholic beverages, drugs, or any other substances listed in paragraph (8) of this Code section or nature of the person's alcoholic behavior or drug dependency or drug abuse is unable voluntarily to seek or comply with outpatient treatment; and
(C) Who is in need of involuntary treatment.
(15.2) 'Outpatient treatment' means a program of treatment for alcoholics, drug depen dent individuals, or drug abusers outside a hospital facility setting which includes, without being limited to, medication and prescription monitoring, individual or group therapy, day or partial programming activities, case management services, and other services to alleviate or treat the patient's lack of self-control regarding the use of alcoholic beverages, drugs, or any other substances listed in paragraph (8) of this Code section so as to maintain the pa tient's semi-independent functioning and to prevent the patient's becoming an inpatient.
(16) 'Patient' means any alcoholic, drug dependent individual, or drug abuser who seeks treatment under this chapter or any person for whom such treatment is sought.
(17) 'Private facility' means any hospital facility that is a proprietary hospital or a hos pital operated by a nonprofit corporation or association approved for the purposes of this chapter and a hospital facility operated by a hospital authority created pursuant to Article 4 of Chapter 7 of Title 31.
(18) 'Representatives' means the persons appointed as provided in Code Section 37-7147 to receive notice of the proceedings for voluntary or involuntary treatment.
(19) 'Superintendent' means the chief administrative officer who has overall manage ment responsibility at any facility receiving patients under this chapter or an individual appointed as the designee of such superintendent.
(20) 'Treatment' means the broad range of emergency, outpatient, intermediate, and inpatient services and care, including diagnostic evaluation, medical, psychiatric, psychologi cal, and social service care, vocational rehabilitation, and career counseling, which may be extended to alcoholics, intoxicated persons, drug dependent individuals, and drug abusers.
(21) 'Treatment facility' means a facility designated by the department to receive pa tients for treatment as provided in Part 3 of Article 3 of this chapter."
Section 7. Said title is further amended by striking Code Sections 37-7-43 and 37-7-44, relating to examination of alcoholics, drug dependent individuals, and drug abusers after emergency admission and notices relating thereto, and inserting in their place the following new Code sections to read as follows:
"37-7-43. (a) A patient who is admitted to an emergency receiving facility shall be ex amined by a physician as soon thereafter as possible but in any event within 48 hours and

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may be given such emergency treatment as is indicated by good medical practice. The pa tient must be discharged within 48 hours of his admission unless:
(1) The examining physician concludes that there is reason to believe that the patient may be an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment and executes a certificate to that effect within such time; or
(2) The patient is under criminal charges, notice of which has been given in writing to the facility, in which case the provisions of Code Section 37-7-95 shall apply.
Nothing in this chapter shall be construed to prohibit a physician who previously executed a certificate authorized by the provisions of this chapter from executing any other certificate provided for in this chapter for the same or any other patient.
(b) Within 24 hours of the execution of the physician's certificate under paragraph (1) of subsection (a) of this Code section, the patient shall be transported, as provided in Code Section 37-7-101, to an evaluating facility where he shall be received pursuant to Code Sec tion 37-7-63 unless the patient has been determined and certified to meet all of the outpa tient treatment requirements of paragraphs (1), (2), and (3) of subsection (c) of Code Sec tion 37-7-90, in which event the patient shall be discharged under the conditions provided in Code Section 37-7-91, except that if the patient is under criminal charges, notice of which has been given in writing to the facility, the provisions of Code Section 37-7-95 shall apply.
(c) Notice of any proposed discharge shall be given to the patient and his representa tives; if the patient was admitted to the facility under subsection (a) of Code Section 37-741, to the physician who executed the certificate; if the patient was admitted to the facility under subsection (b) of Code Section 37-7-41, to the court which issued the order; and if the patient was under criminal charges, written notice of which had been given to the facility, by certified mail to the law enforcement agency originally having custody of the patient.
37-7-44. (a) Immediately upon arrival of a patient at an emergency receiving facility under Code Section 37-7-43, the facility shall give the patient written notice of his right to petition for a writ of habeas corpus or for a protective order under Code Section 37-7-148. This written notice shall also inform the patient that he has a right to legal counsel and that, if the patient is unable to afford counsel, the court will appoint counsel.
(b) The notice informing the patient's representatives of the patient's hospitalization in an emergency receiving facility shall include a clear notification that the representatives may petition for a writ of habeas corpus or for a protective order under Code Section 37-7148."
Section 8. Said title is further amended by striking Code Section 37-7-64, relating to detention of alcoholics, drug dependent individuals, and drug abusers, and inserting in its place a new Code section to read as follows:
"37-7-64. (a) A patient who has been admitted to an evaluating facility pursuant to Code Section 37-7-43, 37-7-63, or subparagraph (a)(3)(B) of Code Section 37-7-81 may be detained for a period not to exceed five days, Saturdays, Sundays, and holidays excluded. The patient shall be discharged upon a finding that the patient is not an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment or upon a finding and certification that the patient meets all of the outpatient treatment requirements of paragraphs (1), (2), and (3) of subsection (c) of Code Section 37-7-90, in which event a patient meeting those outpatient treatment requirements shall be discharged under the con ditions provided in Code Section 37-7-91 but, in any event, upon the expiration of the fiveday evaluation period unless:
(1) Within that period:
(A) The patient is admitted as a voluntary patient under Code Section 37-7-20; or
(B) The patient is admitted for involuntary inpatient treatment under Code Section 377-81; or

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(2) The patient is under criminal charges, notice of which has been given in writing to the facility, in which case the provisions of Code Section 37-7-95 shall apply.
(b) If hospitalization appears desirable, the staff physicians of the evaluating facility shall encourage the patient to apply for voluntary hospitalization unless the attending phy sician finds that the patient is unable to understand the nature of voluntary hospitalization, that voluntary hospitalization would be harmful to the patient, or that the patient is deter mined to be an alcoholic, a drug dependent individual, or a drug abuser in need of involun tary treatment, which finding shall be entered in the patient's record.
(c) If, after evaluation of the patient, it is determined by the chief medical officer that proceedings for involuntary treatment of the patient should be initiated pursuant to Code Section 37-7-81 or pursuant to Part 4 of this article, the chief medical officer shall direct that an individualized treatment plan be developed for that patient during the five-day pe riod that he is detained for evaluation in the facility.
(d) Notice of the discharge shall be given to the patient and his representatives; to the person who filed the petition; if the patient was admitted to the evaluating facility from an emergency receiving facility under Code Section 37-7-43, to the physician who executed the certificate or to the court which issued the order pursuant to Code Section 37-7-41; if the patient was under criminal charges of which the facility received written notification, by certified mail to the law enforcement agency originally having custody of the patient; and, if the patient was admitted to the evaluating facility under Code Section 37-7-62, to the court that ordered the evaluation."
Section 9. Said title is further amended by striking Part 3 of Article 3 of Chapter 7 thereof, relating to treatment facilities for alcoholics, drug dependent individuals, and drug abusers, and inserting in its place a new Part 3 to read as follows:
"Part 3
37-7-80. Any state owned or state operated facility may be designated by the depart ment as a treatment facility. The department shall maintain a treatment facility at each regional hospital which shall accept patients found in any county in the service region of the hospital. Any other facility within the State of Georgia may be so designated by the depart ment at the request of or with the consent of the governing officers of the facility.
37-7-81. (a) The patient may be detained at a facility beyond the evaluation period unless voluntary hospitalization is sought under subparagraph (a)(l)(A) of Code Section 377-64 only upon the recommendation of the chief medical officer of an evaluating facility where the patient has been examined under Part 2 of Article 3 of this chapter, which recom mendation is supported by the opinions of two physicians who have personally examined the patient within the preceding five days and who agree that the patient is an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment but who does not meet the outpatient treatment requirements of paragraphs (1), (2), and (3) of subsection (c) of Code Section 37-7-90. Such recommendation of the chief medical officer and the opin ions of the physicians shall be entered on a certificate. The certificate shall be filed along with a petition for a hearing in the court of the county in which the patient is being de tained for evaluation. Nothing in this chapter shall be construed to prohibit a physician or a chief medical officer who has previously executed any other certificate authorized by the provisions of this chapter from executing a certificate provided for in this Code section for the same or any other patient. The certificate and petition shall be filed within five days, Saturdays, Sundays, and holidays excluded, after the patient is admitted to a facility for evaluation under Code Section 37-7-63. Such filing shall authorize the detention of the pa tient by the facility pending completion of a full and fair hearing under this Code section. Copies of the certificate shall be served on the patient and his representatives within five days after the certificate is filed and shall be accompanied by:
(1) A notice that a hearing will be held and the time and place thereof;
(2) A notice that the patient has a right to counsel, that the patient or his represents-

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tives may apply immediately to the court to have counsel appointed if the patient cannot afford counsel, and that in such case the court will appoint counsel for the patient unless the patient indicates in writing that he does not desire to be represented by counsel;
(3) A copy of the individualized treatment plan developed by the facility under this chapter shall be sent to the patient and shall be sent to the patient's representative if re quested by such representative. Notice of the right to receive such plan shall be given to the representatives at the time the treatment plan is sent to the patient;
(4) A notice that the patient has a right to be examined by a physician of his own choice at his own expense and to have that physician submit a suggested treatment plan for the patient which conforms with the requirements of paragraph (14) of Code Section 37-7-1; and
(5) A notice that the patient may waive in writing the hearing described in subsection (c) of this Code section.
(b) If the hearing is waived, the certificate shall serve as authorization for the patient to begin treatment under the terms of the individualized treatment plan; and the chief medical officer of the facility where the patient is located shall be responsible for the supervision of the treatment plan.
(c) In any case in which a patient is retained in an evaluating facility pursuant to a petition filed under subsection (a) of this Code section, the court shall hold a full and fair hearing as provided in Code Section 37-7-81.1 unless the hearing is waived in writing by the patient. The hearing shall be held no sooner than seven days and no later than 12 days after the petition is filed with the court.
37-7-81.1. (a) At those hearing required under subsection (c) of Code Section 37-7-81 and subsection (a) of Code Section 37-7-92, the court shall determine whether the patient is an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment and, if so, whether the patient is an inpatient or outpatient and, unless otherwise provided in this subsection, the type of involuntary treatment the patient should be ordered to ob tain. At such hearing, if the court determines:
(1) That the patient is not an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment, the court shall order that the patient be immediately discharged;
(2) That the patient is an outpatient, the court shall further determine, based upon either the individualized treatment plan required to be prepared under subsection (b) of Code Section 37-7-64 or subsection (c) of Code Section 37-7-91 or the individualized treat ment plan proposed by the physician chosen by the patient, whether there is available out patient treatment for the patient which meets the requirements of the plan chosen by the court and whether the patient will likely obtain that treatment so as to minimize the likeli hood of the patient's becoming an inpatient. If the court determines that there is such avail able outpatient treatment which the patient will likely obtain so as to minimize the likeli hood of the patient's becoming an inpatient, then the court shall order the patient to obtain that treatment and shall discharge the patient subject to such order;
(3) That the patient is an outpatient who does not meet the requirements for discharge under paragraph (2) of this subsection and:
(A) The hearing under this subsection was required by subsection (c) of Code Section 37-7-81, the court shall order that the patient be discharged; or
(B) The hearing under this subsection is required by subsection (a) of Code Section 377-92, the court shall order that the patient be admitted to an evaluating facility, and this chapter shall thereafter apply to that patient as though the patient had been admitted to that facility pursuant to Code Section 37-7-62; or
(4) That the patient is an inpatient, the court shall order that the patient shall be transported to a treatment facility where the patient shall be admitted for care and treat-

FRIDAY, MARCH 7, 1986

2225

ment, which order may also require that a. period of such inpatient treatment be followed by available outpatient treatment if there is such outpatient treatment which will meet the requirements of the patient's individualized service plan and the patient will likely obtain the treatment so as to minimize the likelihood of the patient's becoming an inpatient.
(b) If the court at a hearing under subsection (a) of this Code section concludes that the patient is an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment, it shall make findings of fact and conclusions of law in support of that conclusion as part of its final order.
(c) The court may order the hospitalization of any patient pursuant to paragraph (4) of subsection (a) of this Code section for any period not to exceed six months, subject to the power of the chief medical officer to discharge the patient under subsection (b) of Code Section 37-7-85. If continued hospitalization is necessary at the end of that period, the chief medical officer shall apply for an order authorizing such continued hospitalization under Code Section 37-7-83.
(d) The court may order the patient to obtain available outpatient treatment under the additional conditions specified in Code Section 37-7-93 and 37-7-94.
37-7-82. (a) If at any time during a period of involuntary outpatient treatment, includ ing but not limited to interim outpatient treatment arranged pursuant to subsection (b) of Code Section 37-7-91:
(1) The patient fails without good cause to comply with the outpatient treatment plan;
(2) The physician in charge of the patient's outpatient treatment determines that, be cause of a change in the patient's condition, the least restrictive alternative which would accomplish the patient's treatment goals is hospitalization of the patient; or
(3) The conditions described in both paragraphs (1) and (2) of this subsection exist with regard to the patient,
the physician in charge of the patient's outpatient treatment may execute a certificate under the conditions specified therefor in subsection (a) of Code Section 37-7-41. In addition to any other requirements, that certificate shall specify those conditions under paragraphs (1), (2), and (3) of this subsection upon which issuance of the certificate is based. That certifi cate shall have the same duration and effect as a certificate issued pursuant to subsection (a) of Code Section 37-7-41.
(b) With regard to a patient whom the court knows to be required to obtain involuntary outpatient treatment, the court may issue any order authorized under subsection (b) of Code Section 37-7-41 only upon the court's determination, in addition to any other require ment for that order, that such patient has not complied with the involuntary outpatient treatment or that the patient reasonably appears to be an inpatient.
37-7-83. (a) If it is necessary to continue involuntary treatment of a hospitalized patient beyond the end of the period during which the treatment facility is currently authorized under this chapter to retain the patient, the chief medical officer prior to the expiration of the period, shall seek an order authorizing such continued treatment in the manner pro vided in this Code section. The chief medical officer may seek such an order authorizing continued involuntary treatment involving inpatient treatment, outpatient treatment, or both under the procedures of this Code section and Code Section 37-7-93.
(b) If the chief medical officer finds that continued involuntary treatment is necessary (1) for an individual who was admitted while serving a criminal sentence but whose sentence is about to expire or (2) for an individual who was hospitalized while under the jurisdiction of a juvenile court but who is about to reach the age of 17, the chief medical officer shall seek an order authorizing such continued treatment in the manner provided in this Code section; and this chapter shall apply fully to such a patient after that time.
(c) A Committee for Continued Involuntary Treatment Review shall be established by the chief medical officer of each hospital and shall consist of not less than three physicians

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and not less than two other persons of a professional status. The committee may conduct its meetings with a quorum of any three members. The function of this committee shall be to review and evaluate the updated individualized treatment plan of each patient of the hospi tal and to report to the chief medical officer its recommendations concerning the patient's need for continued involuntary treatment. No person who has responsibility for the care and treatment of the individual patient for whom continued involuntary treatment is requested shall serve on any committee which reviews such individual's case.
(d) If the chief medical officer desires to seek an order under this Code section authoriz ing continued involuntary treatment for up to 12 months beyond the expiration of the cur rently authorized period of hospitalization, he shall first file a notice of such intended action with the Committee for Continued Involuntary Treatment Review, which notice shall be forwarded to the committee at least 60 days prior to the expiration of that period.
(e) Within ten days of the date of the notice, the committee shall meet to consider the matter of the chief medical officer's intention to seek an order for continued involuntary treatment. Prior to the committee's meeting, the patient and his representatives shall be notified of the following: the purpose of such meeting, the time and place of such meeting, their right to be present at such meeting, and their right to present any alternative individu alized treatment plan secured at their expense. In those cases in which the patient will not or cannot appear, at least one member of the committee will make all reasonable efforts to interview the patient and report to the committee. The attending physician shall present an updated individualized treatment plan for the patient to the committee. The committee shall report to the chief medical officer or his designee, other than the attending physician or a member of the committee, its written recommendations along with any minority recom mendations which may also be submitted. Such report will specify whether or not the pa tient is an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment and whether continued hospitalization is the least restrictive alternative available.
(f) If, after considering the committee's recommendations and minority recommenda tions, if any, the chief medical officer or his designee, other than the attending physician or a member of the committee, determines that the patient is not an alcoholic, a drug depen dent individual, or a drug abuser requiring involuntary treatment, the patient shall be im mediately discharged from involuntary hospitalization pursuant to subsection (b) of Code Section 37-7-85. Such person may apply for voluntary admission pursuant to Code Section 37-7-24.
(g) If after considering the committee's recommendations and minority recommenda tions, if any, the chief medical officer or his designee, other than the attending physician or member of the committee, determines that the patient is an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment, he shall, within ten days after receiving the committee's recommendations, serve a petition for an order authorizing con tinued involuntary treatment along with copies of the updated individualized treatment plan and the committee's report on the designated office within the department and shall also serve such petition along with a copy of the updated individualized treatment plan on the patient. A copy of the petition shall be served on the patient's representatives. The petition shall contain a plain and simple statement that the patient or his representatives may file a request for a hearing with a hearing examiner appointed pursuant to Code Sec tion 37-7-84 within 15 days after service of the petition, that the patient has a right to counsel, that the patient or his representatives may apply immediately to the court to have counsel appointed if the patient cannot afford counsel, and that the court will appoint coun sel for the patient unless the patient indicates in writing that he does not desire to be repre sented by counsel or has made his own arrangements for counsel.
(h) If a hearing is not requested by the patient or the representatives within 15 days of service of the petition on the patient and his representatives, the hearing examiner shall make an independent review of the committee's report, the updated individualized treat ment plan, and the petition. If he concludes that continued involuntary treatment may not

FRIDAY, MARCH 7, 1986

2227

be necessary or if he finds any member of the committee so concluded, then he shall order that a hearing be held pursuant to subsection (i) of this Code section. If he concludes that continued involuntary treatment is necessary, then he shall order continued involuntary treatment involving inpatient treatment, outpatient treatment, or both for a period not to exceed one year.
(i) If a hearing is requested within 15 days of service of the petition on the patient and his representatives or if the hearing examiner orders a hearing pursuant to subsection (h) or (j) of this Code section, the hearing examiner shall set a time and place for the hearing to be held within 25 days of the time the hearing examiner receives the request but in any event no later than the day on which the current order of involuntary inpatient treatment expires. Notice of the hearing shall be served on the patient, his representatives, the facility, and, when appropriate, on counsel for the patient. The hearing examiner, within his discretion, may grant a change of venue for the convenience of parties or witnesses. Such hearing shall be a full and fair hearing, except that the patient's attorney, when the patient is unable to attend the hearing and is incapable of consenting to a waiver of his appearance, may move that the patient not be required to appear; however, the record shall reflect the reasons for the hearing examiner's actions. After such hearing, the hearing examiner may issue any or der which the court is authorized to issue under Code Section 37-7-81.1 and subject to the limitations of that Code Section 37-7-81.1, provided that a patient who is an outpatient who does not meet the requirements for discharge under paragraph (2) of subsection (a) of Code Section 37-7-81.1 shall nevertheless be discharged and provided that the hearing examiner may order the patient's continued inpatient treatment, outpatient treatment, or both for a period not to exceed one year, subject to the power to discharge the patient under subsec tion (b) of Code Section 37-7-85 or under Code Section 37-7-94. In the event that an order approving continued hospitalization is entered for an individual 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.
(j) The hearing examiner for a patient who was admitted under the jurisdiction of the juvenile court and who reaches the age of 17 without having had a full and fair hearing pursuant to any provisions of this chapter or without having waived such hearing shall order that a hearing be held pursuant to subsection (i) of this Code section.
37-7-84. (a) One or more hearing examiners shall be appointed by the Justices of the Supreme Court to hold the hearings under Code Section 37-7-83. Such hearing examiners shall be members of the State Bar of Georgia and shall be compensated by the department.
(b) The hearing examiners shall have the authority to:
(1) Administer oaths and affirmations;
(2) Sign and issue subpoenas;
(3) Rule upon offers of proof;
(4) Regulate the course of the hearing;
(5) Provide for the taking of testimony by deposition;
(6) Reprimand or exclude from the hearing any person for any indecorous or improper conduct committed in the presence of the hearing examiner; and
(7) Make all appropriate orders authorized by this chapter.
(c) If a subpoena issued by the hearing examiner is disobeyed, the hearing examiner may apply to the superior court of the county in which the hearing is held for an order requiring obedience. Failure to comply with such order shall be cause for punishment as for contempt of court.
(d) In the event a patient desires counsel in a hearing before the hearing examiner but cannot afford such counsel, the hearing examiner shall apply to the court of the county in

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which the hearing is held and that court shall appoint counsel for the patient. Payment for such representation shall be made by the county of the patient's legal residence.
37-7-85. (a) Each individualized treatment plan for a patient receiving involuntary inpatient treatment shall be reviewed at regular intervals to determine the patient's progress toward the stated goals and objectives of the plan and to determine whether the plan should be modified because of the patient's present condition. These reviews should be based upon relevant progress notes in the patient's clinical record and upon other related information; and input from the patient should be obtained and utilized where feasible.
(b) Any time a patient receiving involuntary inpatient treatment is found by the chief medical officer no longer to be an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary inpatient treatment, the chief medical officer may:
(1) Discharge the patient from involuntary outpatient or inpatient treatment, or both, subject to the conditions of Code Section 37-7-95;
(2) Discharge the patient from involuntary inpatient treatment and require that the patient obtain available outpatient treatment for the remaining period the patient was to have been required to obtain inpatient treatment, as long as the patient then meets the standards for being discharged to outpatient treatment under paragraph (2) of subsection (a) of Code Section 37-7-81.1 and subject to the conditions of Code Section 37-7-95; or
(3) Transfer the patient to voluntary status at the patient's request, as provided in Code Section 37-7-24.
(c) Notice of the discharge or the transfer of status shall be given to the patient and his representatives; if the patient's hospitalization was authorized by order of a court, to the court which entered such order; and, if the patient was under criminal charges of which the facility received written notification, by certified mail to the law enforcement agency origi nally having custody of the patient."
Section 10. Said title is further amended by adding immediately following said Part 3 of Article 3 of Chapter 7 thereof a new Part 4 to read as follows:
"Part 4
37-7-90. (a) When a physician at a facility or on behalf of a facility determines and certifies under this article that there is reason to believe a patient admitted to or examined at the facility is an alcoholic, a drug dependent individual, or a drug abuser requiring invol untary treatment, that physician shall further determine and certify whether there is reason to believe the patient is:
(1) An inpatient or outpatient; and
(2) If an outpatient, whether:
(A) There is available outpatient treatment; and
(B) The patient will likely comply with the outpatient treatment so as to minimize the likelihood of the patient's becoming an inpatient.
(b) Unless otherwise specifically provided, the determination and certification as to paragraphs (1) and (2) of subsection (a) of this Code section shall be made within the time period required for determining whether a patient is an alcoholic, a drug dependent individ ual, or a drug abuser requiring involuntary treatment, except that if such determination is made by a physician at or on behalf of a community mental health center, the determina tion and certification shall be made within four hours after the patient is examined by the physician.
(c) A person determined and certified to be:
(1) An outpatient;
(2) A person for whom there is available outpatient treatment; and

FRIDAY, MARCH 7, 1986

2229

(3) Likely to comply with the outpatient treatment so as to minimize the likelihood of the patient's becoming an inpatient
shall be considered to be in need of involuntary outpatient treatment and not involuntary inpatient treatment for purposes of further proceedings under this article until such time as that person's status is determined to be otherwise pursuant to those proceedings.
(d) A person determined and certified to be an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment who does not meet all of the requirements of paragraphs (1), (2), and (3) of subsection (c) of this Code section shall be considered to be in need of involuntary inpatient treatment and not involuntary outpatient treatment for purposes of further proceedings under this article until such time as that person's status is determined to be otherwise pursuant to those proceedings.
37-7-91. (a) A person who is in the physical custody of a facility and who is determined by a physician, at or on behalf of that facility, to meet all of the outpatient treatment re quirements of paragraphs (1), (2), and (3) of subsection (c) of Code Section 37-7-90 shall be discharged from that facility as provided in this Code section pending a full and fair hearing or waiver thereof under Code Section 37-7-92. That discharge from a community mental health center shall occur within four hours after the patient is examined by a physician at or on behalf of that center. That discharge from an emergency receiving facility shall occur within 48 hours after the patient's admission thereto. That discharge from an evaluating or treatment facility shall occur no later than the time period established under Code Section 37-7-64 for the discharge of a patient determined not to be an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment.
(b) Prior to discharging the patient under subsection (a) of this Code section, but within the time period the facility is authorized to retain the patient, the facility at which or on behalf of which the patient was examined, which facility shall be the 'referring facility' for purposes of this part, shall prepare an individualized treatment plan for the patient. This plan shall be prepared in consultation with the facility at which available outpatient treatment is to be provided the patient, which facility shall be the 'receiving facility' for purposes of this part. The referring facility shall also make arrangements with the receiving facility to provide interim outpatient treatment, in accordance with the individualized treat ment plan, to the patient pending the full and fair hearing or waiver thereof. Nothing in this Code section shall prevent a referring facility for a patient from also being the receiving facility for that patient.
(c) A patient for whom interim outpatient treatment is arranged pursuant to subsection (b) of this Code Section shall obtain that treatment or be subject to the provisions of Code Section 37-7-82. Written notice of the time, date, place, and address for that interim outpa tient treatment shall be provided the patient prior to the patient's discharge, along with written notification that if the patient does not comply with the interim outpatient treat ment or attend or waive a hearing, the time and date of which hearing will later be provided the patient, the patient may be involuntarily admitted for examination, treatment, or both. Notice of the discharge shall be provided to persons other than the patient in the same manner and under the same conditions as required by subsection (c) of Code Section 37-743 and subsection (d) of Code Section 37-7-64, and that notice shall also include a notice regarding the interim outpatient treatment and the consequences if the patient does not obtain the treatment or attend or waive the hearing.
(d) Within three days after a referring facility has discharged a patient pursuant to subsection (a) of this Code section, that facility shall transmit to the receiving facility a copy of the referring facility's examination report, individualized treatment plan, and such other necessary clinical information the referring facility may have regarding the patient. Within five days after receiving such report, plan, and information, the receiving facility shall petition the court of the county in which the patient is located for a full and fair hearing pursuant to Code Section 37-7-92 and include with the petition a copy of the exami nation report, the individualized treatment plan, and the address to which the patient was discharged by the referring facility.

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37-7-92. (a) Except when a hearing is waived as provided in this subsection, within 30 days after the filing of the petition under subsection (d) of Code Section 37-7-91, the court shall hold a full and fair hearing. At least ten days prior to that hearing, the court shall have served on the patient and the patient's representatives the same notices and information required by paragraphs (1) through (4) of subsection (a) of Code Section 37-7-81, as well as a notice that the patient may waive in writing the hearing but if the patient does not either attend or waive the hearing the court may order the patient to be taken into custody, hospi talized, evaluated, and treated. The patient and representatives shall have the rights speci fied in those notices. Hearings held pursuant to this subsection shall be held as provided in Code Section 37-7-81.1, and the court holding the hearing may issue any order authorized by and subject to the limitations of that Code Section 37-7-81.1.
(b) If the patient is notified of the hearing as required under subsection (a) of this Code section and does not appear at or waive that hearing, absent a showing of good cause for not appearing, the court may issue an order commanding any peace officer to take such person into custody and deliver that person to an emergency receiving facility or the referring facil ity if there is a physician available there and this chapter shall thereafter apply to that patient as though the patient had been admitted to that facility pursuant to subsection (b) of Code Section 37-7-41.
(c) If the hearing is waived as provided in subsection (a) of this Code section, that hearing shall not be held but the court shall order the patient to obtain available outpatient treatment under the individualized treatment plan submitted with the petition for hearing.
37-7-93. (a) Pursuant to Code Section 37-7-81.1 or Code Section 37-7-92, the court may order the patient to obtain available outpatient treatment for any period not to exceed one year, but the total period of involuntary treatment required by such order, including inpatient treatment within the limitations of Code Section 37-7-81.1, shall not exceed one year.
(b) If it is necessary to continue available outpatient treatment beyond the period au thorized pursuant to subsection (a) of this Code section, at least 60 days prior to the expira tion of that period the physician responsible for that treatment, or the person responsible for the patient's treatment under the direction and with approval of the physician shall:
(1) Update the patient's individualized treatment plan;
(2) Prepare a report containing evidence that the patient meets all the requirements for available outpatient treatment under paragraphs (1), (2), and (3) of subsection (c) of Code Section 37-7-90; and
(3) Petition the hearing examiners appointed to hold hearings under Code Section 37-783 for an order requiring the patient to obtain available outpatient treatment beyond the period previously ordered for the patient.
The petition shall continue a plain and simple statement that the patient or the patient's representatives may file a request for a hearing with a hearing examiner appointed to hold hearings pursuant to Code Section 37-7-83 within 15 days after service of the petition, that the patient has a right to counsel at the hearing, that the patient or the patient's represent atives may apply immediately to the court to have counsel appointed if the patient cannot afford counsel, and that the court will appoint counsel for the patient unless the patient indicates in writing that the patient does not desire to be represented by counsel or has made the patient's own arrangements for counsel.
(c) If a hearing is not requested by the patient or the representatives within 15 days of service of the petition on the patient and the patient's representatives, the hearing examiner shall make an independent review of the report, the updated individualized treatment plan, and the petition. If the hearing examiner concludes from that review that the patient is no longer an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment, then that hearing examiner shall order that a hearing be held pursuant to sub section (d) of this Code section. If the hearing examiner concludes that the patient meets all the requirements for available outpatient treatment under paragraphs (1), (2), and (3) of

FRIDAY, MARCH 7, 1986

2231

subsection (c) of Code Section 37-7-90, then the hearing examiner shall order continued outpatient treatment for a period not to exceed one year.
(d) If the hearing examiner orders a hearing pursuant to subsection (c) or (e) of this Code section or if a hearing is requested within 15 days of service of the petition on the patient and the patient's representatives, the hearing examiner shall set a time and place for the hearing to be held within 25 days of the time the hearing examiner receives the request but in any event no later than the day on which the current order of involuntary outpatient treatment expires. Notice of the hearing shall be served on the patient, the patient's repre sentatives, the facility providing outpatient treatment for the patient, and, when appropri ate, on counsel for the patient, and, when appropriate, on counsel for the patient. The hear ing examiner, within that person's discretion, may grant a change of venue for the convenience of parties or witnesses. Such hearing shall be a full and fair hearing. After such hearing, the hearing examiner may issue any order which the court is authorized to issue under paragraphs (1), (2), and (3) of subsection (a) of Code Section 37-7-81.1 and subject to the limitations of that Code section. If the patient does not appear at the hearing, absent a showing of good cause, the hearing examiner may issue any order the court is authorized to issue under subsection (b) of Code Section 37-7-92.
(e) The hearing examiner for a patient who is ordered to obtain available outpatient treatment, who is under the jurisdiction of the juvenile court, and who reaches the age of 17 without having had a full and fair hearing pursuant to any provisions of this article or with out having waived such hearing shall order that a hearing be held pursuant to subsection (d) of this Code section.
37-7-94. (a) Each individualized treatment plan for available outpatient treatment shall be reviewed at regular intervals to determine the patient's progress toward the stated goals and objectives of the plan and to determine whether the plan should be modified because of the patient's present condition. These reviews should be based upon relevant progress notes in the patient's clinical record and upon other related information; and input from the pa tient should be obtained and utilized where feasible.
(b) Any time a patient is found by the physician in charge of the patient's outpatient treatment no longer to be an alcoholic, a drug dependent individual, or a drug abuser re quiring involuntary treatment, that physician shall discharge the patient from further com pliance with the treatment.
(c) Notice of the discharge under subsection (b) of this Code section shall be given to the patient and his representatives; to the court which originally ordered such involuntary treatment; and, if the patient was under criminal charges of which the facility received writ ten notification, by certified mail to the law enforcement agency originally having custody of the patient.
37-7-95. Notwithstanding any other provisions of any part of this article, a patient under criminal charges, notice of which has been given is writing to the facility, may only be discharged from the physical custody of a facility if the facility, by certified mail, provides written notification of the proposed discharge to the law enforcement agency originally hav ing custody of the patient and the patient is discharged into the physical custody of a peace officer from that agency. That agency shall be required to assume such physical custody within five days after receipt in writing of the notification of proposed discharge."
Section 11. All laws and parts of laws in conflict with this Act are repealed.
Senator Kidd of the 25th moved that the Senate agree to the House substitute to SB 318.
On the motion, a roll call was taken, and the vote was as follows:

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Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes
Brown of 47th Burton Coleman Coverdell Dawkins Deal

Dean Engram Foster Garner Gillis " arrison
"TM Holloway Kennedy Kidd Land McKenzie

Peevy Perry Ray Scott of 36th Starr Stumbaugh
Jato Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Barker Brannon
English Fincher

Greene Harris Hrtn Howard Hudgins Huggins

Langford McGill PhiUipB Reddish Scott of 2nd Timmons

On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 318.

The following bill of the House was taken up for the purpose of considering the Confer ence Committee report thereon:

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.

The Conference Committee report on HB 1146 was as follows:

The Committee of Conference on HB 1146 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1146 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Harrill L. Dawkins Senator, 45th District
/s/ Richard L. Greene Senator, 26th District
/s/ Donn M. Peevy Senator, 48th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Denmark Groover Representative, 99th District
/s/ Rudolph Johnson Representative, 72nd District
/s/ Charles A. Thomas, Jr. Representative, 69th District

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Conference Committee substitute 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 court costs, so as to provide that in any civil action in any court reasonable attorney's fees and expenses of litigation shall be awarded to any party against whom another party has asserted a claim, defense, or other 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, defense, or other posi tion; to provide that such attorney's fees and expenses may be awarded under certain other circumstances; to provide that such costs may be awarded against a party, a party's attor ney, or both and shall constitute a money judgment; to provide for an automatic repeal; to amend Code Section 5-6-35 of the Official Code of Georgia Annotated, relating to appeal by application, so as to provide for appeals of awards of attorney's fees and expenses of litiga tion; to provide for other matters related to the foregoing; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 15 of Title 9 of the Official Code of Georgia Annotated, relating to court costs, is amended by adding a new Code Section 9-15-14 to read as follows:
"9-15-14. (a) In any civil action in any court of record of this state, reasonable and necessary attorney's fees and expenses of litigation shall be awarded to any party against whom another party has asserted a claim, defense, or other 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, defense, or other posi tion. Attorney's fees and expenses so awarded shall be assessed against the party asserting such claim, defense, or other position, or against that party's attorney, or against both in such manner as is just.
(b) The court may assess reasonable and necessary attorney's fees and expenses of liti gation in any civil action in any court of record if, upon the motion of any party or the court itself, it finds that an attorney or party brought or defended an action, or any part thereof, that lacked substantial justification or that the action, or any part thereof, was interposed for delay or harassment, or if it finds that an attorney or party unnecessarily expanded the proceeding by other improper conduct, including, but not limited to, abuses of discovery procedures available under Chapter 11 of this title, the 'Georgia Civil Practice Act.' As used in this Code section, 'lacked substantial justification' means substantially frivolous, substan tially groundless, or substantially vexatious.
(c) No attorney or party shall be assessed attorney's fees as to any claim or defense which the court determines was asserted by said attorney or party in a good faith attempt to establish a new theory of law in Georgia if such new theory of law is based on some recog nized precedential or persuasive authority.
(d) Attorney's fees and expenses of litigation awarded under this Code section shall not exceed amounts which are reasonable and necessary for defending or asserting the rights of a party.
(e) Attorney's fees and expenses under this Code section may be requested by motion within 45 days after the final disposition of the action.
(f) An award of reasonable and necessary attorney's fees or expenses of litigation under this Code section shall be determined by the court without a jury and shall be made by an order of court which shall constitute and be enforceable as a money judgment.
(g) This Code section shall be repealed effective July 1, 1989, and shall not apply to claims, defenses, or other positions first raised thereafter but shall continue to apply to claims, defenses, and positions first raised prior to said date."
Section 2. Code Section 5-6-35 of the Official Code of Georgia Annotated, relating to

2234

JOURNAL OF THE SENATE

appeal by application, is amended by striking the word "and" at the end of paragraph (8) of subsection (a), by replacing the period at the end of paragraph (9) of subsection (a) with the symbol and word "; and", and by adding a new paragraph (10) of subsection (a) to describe a case in which application for appeal is required and to read as follows:
"(10) Appeals from awards of attorney's fees or expenses of litigation under Code Sec tion 9-15-14."
Section 3. This Act shall become effective July 1, 1986. The provisions of this Act shall apply to actions filed or presented for filing on or after July 1, 1986. In addition, this Act shall apply to any action pending on July 1, 1986, with respect to any claim, defense, or other position which is first raised in the action on or after July 1, 1986.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Senator Dawkins of the 45th moved that the Senate adopt the Conference Committee report on HB 1146.
On the motion, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Allgood Baldwin Barnes
Bond Bowen B,rantley, AM Brown of 47th BCC/-, oou,vlreteomrndaenll Dawkins Dean English Engram Fincher

Foster Gillis Greene
Harris Harrison Hine HQ uHHuogr*tgom.ns Kennedy Kidd Land Langford McKenzie

Those not voting were Senators:

Peevy Phillips Ray
Reddish Scott of 36th Sterr Stumbaugh rTratte Timmons Tolleson Trulock Turner Tysinger Walker

Albert
BBararknenron Broun of 46th Bryant

Cobb Deal
Garner Howard

Hudgins McGill
Perrv Scott of 2nd

On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1146.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House adheres to its position in disagreeing to the Senate substitute, and has ap-

FRIDAY, MARCH 7, 1986

2235

pointed a Committee of Conference to confer with a like committee on the part of the Sen ate on the following bill of the Senate:

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 Speaker has appointed on the part of the House, Representatives Childers of the 15th, Chambless of the 133rd and Richardson of the 52nd.

The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:

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.

The following general resolutions of the House were taken up for the purpose of consid ering the Conference Committee reports thereon:

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.

The Conference Committee report on HR 666 was as follows:

The Committee of Conference on HR 666 recommends that the House of Representa tives recede from its position and that HR 666, as amended by the Senate, be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Loyce W. Turner Senator, 8th District
/s/ Nathan Dean Senator, 31st District
/s/ Lawrence Stumbaugh Senator, 55th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ John M. Lupton Representative, 25th District
/s/ William J. Dover Representative, llth District
/s/ Kiliaen V. R. Townsend Representative, 24th District

Senator Dean of the 31st moved that the Senate adopt the Conference Committee re port on HR 666.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin

Barnes Bond Bowen

Brantley Brown of 47th Burton

2236

JOURNAL OF THE SENATE

Coleman Coverdell
Deal P,ean
^Fmngcrh,aemr Foster GiHig Harris Harrison Hine

Holloway Horton
Huggins Kennedy
TKidd, Land Langford Peevy Perry Phillips

Ray Reddish
Scott of 36th Starr
S,,tumbaugh Tate Tolleson Turner Tysinger Walker

Those not voting were Senators:

Barker Brannon BDBrroyuannt. of 46th Cobb Dawkins

English Garner G,, reene Howard Hudgins

McGill McKenzie S0 cott o,f 20 nd, Timmons Trulock

On the motion, the yeas were 40, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HR 666.

HR 689. By Representative Kingston of the 125th: A resolution compensating Mr. M.C. Nettles in the amount of $3,254.61.

The Conference Committee report on HR 689 was as follows:

The Committee of Conference on HR 689 recommends that the House of Representa tives recede from its position and that HR 689, as amended by the Senate, be adopted.
Respectfully submitted,

FOR THE SENATE:
Is/ Loyce W. Turner Senator, 8th District
/a/ Nathan Dean Senator, 31st District
/s/ Lawrence Stumbaugh Senator, 55th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Jack Kingston Representative, 125th District
/s/ Carlton H. Colwell Representative, 4th District
/s/ Chesley V. Morton, Jr. Representative, 47th District

Senator Dean of the 31st moved that the Senate adopt the Conference Committee re port on HR 689.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond

Bowen Brantley Brown of 47th Burton Coleman Coverdell

Dawkins Deal Engram Fincher Foster Harris

FRIDAY, MARCH 7, 1986

2237

Harrison Hine Holloway Horton Huggins Kennedy Kidd

Land Langford McKenzie Peevy Perry Phillips Ray

Scott of 36th Starr Tate Tolleson Trulock Turner Tysinger

Those not voting were Senators:

Brannon
srBroun of 46th

Garner
=Gillis

Dean English

Hudgins McGill

Reddish
stumb<*h Scott of 2nd
Timmons Walker

On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HR 689.

HR 593. By Representative Johnson of the 76th:
A resolution compensating Wyman Nail, Jr., and Rhonda Nail in the amount of $2,045.60.

The Conference Committee report on HR 593 was as follows:

The Committee of Conference on HR 593 recommends that the Senate recede from its position and that the bill as passed by the House of Representatives be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Kyle T. Cobb Senator, 28th District
/s/ Nathan Dean Senator, 31st District
/s/ Lawrence Stumbaugh Senator, 55th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Suzi Johnson Representative, 76th District
/s/ John L. Mostiler Representative, 75th District
/s/ E.M. Childers Representative, 15th District

Senator Dean of the 31st moved that the Senate adopt the Conference Committee re port on HR 593.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brantley Broun of 46th

Brown of 47th Burton Coleman Coverdell Dawkins Deal Dean English Engram

Foster Gillis Harris Harrison Hine Holloway Horton Kennedy Kidd

2238

JOURNAL OF THE SENATE

Land Langford PMeceKvyenzie
p erry
Phillips

Ray Scott of 36th S0 tarr
Stumbaugh
Tate

Tolleson Trulock T,,urner
Tysinger
Walker

Those not voting were Senators:

Brannon B/yant Cobb Fincher Garner

Greene Howard Hudgins Huggins

McGill Reddish Scott of 2nd Timmons

On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HR 593.

The following local resolution of the Senate was taken up for the purpose of considering the House amendment thereto:

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.

The House amendment was as follows:
Amend SR 447 by striking lines 10 through 19 of Page 2 and inserting in their place the following:
"(6) Two members with one being elected by a caucus consisting of the State Repre sentatives from the 20th House District and the Senators from the 33rd and 37th Senatorial Districts and one being elected by a caucus consisting of the State Representatives from the 21st House District and the Senators from the 32nd and 56th Senatorial Districts."
Senator Harrison of the 37th moved that the Senate agree to the House amendment to SR 447.

On the motion, the yeas were 40, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SR 447.

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 264. By Representative Barnett of the 59th:
A bill to amend Chapter 10 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of fireworks, so as to permit the sale of certain types of fireworks; to provide for definitions; to provide for the licensing of manufactur ers, distributors, and retailers of fireworks; to provide for the regulation of the manufacture and sale of fireworks by the state fire marshal.
Senate Sponsor: Senator Foster of the 50th.

Senator Dawkins of the 45th offered the following substitute to HB 264:

A BILL
To be entitled an Act to amend Chapter 10 of Title 25 of the Official Code of Georgia Annotated, relating to the regulation of fireworks, so as to change the definition of the term

FRIDAY, MARCH 7, 1986

2239

"fireworks"; to provide for the payment of annual license fees to the Safety Fire Commis sioner; to authorize and direct the Safety Fire Commissioner to promulgate safety regula tions relating to the manufacture, storage, and transportation of fireworks within this state; to authorize and direct the Safety Fire Commissioner to conduct periodic inspections; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 10 of Title 25 of the Official Code of Georgia Annotated, relating to the regulation of fireworks, is amended by striking Code Section 25-10-1, relating to the definition of the term "fireworks," in its entirety and substituting in lieu thereof a new Code Section 25-10-1 to read as follows:
"25-10-1. As used in this chapter, the term 'fireworks' means any combustible or explo sive composition or any substance or combination of substances or article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation, including blank cartridges, balloons requiring fire underneath to propel them, firecrackers, torpedos, skyrockets, Roman candles, bombs, sparklers, and other combustibles and explosives of like construction, as well as articles containing any explosive or flammable compound and tablets and other devices containing an explosive substance. The term 'fire works' shall not include model rockets and model rocket engines, designed, sold, and used for the purpose of propelling recoverable aero models, toy pistol paper caps in which the explosive content does not average more than 0.25 grains of explosive mixture per paper cap nor toy pistols, toy cannons, toy canes, toy guns, or other devices using such paper caps; nor shall the term 'fireworks' include ammunition consumed by weapons used for sporting and hunting purposes."
Section 2. Said chapter is further amended by striking Code Section 25-10-5, relating to the annual license fee for the manufacture, storage, and transportation of fireworks; promul gation of safety regulations; and conduct of inspections, in its entirety and substituting in lieu thereof a new Code Section 25-10-5 to read as follows:
"25-10-5. The annual license fee for any person, firm, or corporation conducting busi ness in this state under paragraph (4) of Code Section 25-10-3 shall be $1,000.00 per year, payable to the Safety Fire Commissioner. The license shall expire on December 31 of each year. The Safety Fire Commissioner is authorized and directed to promulgate safety regula tions relating to the manufacture, storage, and transportation of fireworks within this state in order to ensure the adequate protection of the employees of any such person, firm, or corporation and of the general public. The Safety Fire Commissioner is further authorized and directed to conduct periodic inspections of the facilities of any person, firm, or corpora tion manufacturing, storing, and transporting fireworks as provided in paragraph (4) of Code Section 25-10-3 in order to ensure compliance with fire safety rules and regulations."
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 38, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin

Barker Barnes Bowen

Brantley Broun of 46th Brown of 47th

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JOURNAL OF THE SENATE

Burton Cobb Coleman Coverdell Dawkins Deal Dean English Foster Gillis Harris

Hine Horton Huggins Kidd Land Langford McKenzie Peevy Perry Phillips Ray

Voting in the negative was Senator Engram.

Those not voting were Senators:

Reddish Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Bond Brannon Bryant Fincher Garner

Greene Harrison
Holloway Howard

Hudgins Kennedy
McGill Scott of 2nd

On the passage of the bill, the yeas were 42, nays 1.

The bill, having received the requisite constitutional majority, was passed by substitute.

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.
Senate Sponsor: Senator Deal of the 49th.

The Senate Committee on Insurance offered the following amendment: Amend HB 1503 by striking from lines 5 through 7 of Page 2 the following: "or to any insurance policy providing coverage for farming or agricultural operations." By adding a period (.) on line 5 of Page 2 after the word "policies".

On the adoption of the amendment, the yeas were 41, nays 0, and the amendment was adopted.

Senator Kennedy of the 4th offered the following amendment:
Amend HB 1503 by adding on line 10 of Page 1 after the word and semicolon "pay ments;" the following:
"to provide that certain policies of accident and sickness insurance issued, delivered, or issued for delivery in this state which provides specific benefits for the treatment of alcohol ism or drug addiction shall not exclude the payment or reimbursement of such covered hos pital or medical service benefits to a hospital duly licensed in this state solely because such hospital specializes in the treatment of alcoholics or drug addicts and is operated primarily for the treatment of such persons;".
By renumbering Sections 2 and 3 as Sections 3 and 4, respectively.

FRIDAY, MARCH 7, 1986

2241

By adding a new Section 2 to read as follows:
"Section 2. Said chapter is further amended by adding a new Code Section 33-24-28.3 following Code Section 33-24-28.2 to read as follows:
'33-24-28.3. No policy of accident and sickness insurance, other than a policy of acci dent and sickness insurance issued in connection with an extension of credit, which is is sued, delivered, or issued for delivery in this state by an insurer, nonprofit medical service plan, nonprofit hospital service plan, health care plan, fraternal benefit society, or health maintenance organization authorized to transact insurance in this state and which provides specific benefits for the treatment of alcoholism of drug addiction, shall exclude the pay ment or reimbursement of such covered hospital or medical service benefits which would otherwise be payable to a hospital duly licensed in this state solely because such hospital specializes in the treatment of alcoholics or drug addicts and is operated primarily for the treatment of such persons.' "

On the adoption of the amendment, the yeas were 41, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Burton Cobb Coleman Coverdell Dawkins

Deal Dean English Engram Foster Gillis Harris Hine Holloway Howard Huggins Kennedy Kidd Langford McGill

McKenzie Peevy Perry Phillips Ray Reddish Scott of 36th Starr Stumbaugh Tate Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Barker Bryant Fincher Garner

Greene Harrison Horton Hudgins

Land Scott of 2nd Timmons

On the passage of the bill, the yeas were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

2242

JOURNAL OF THE SENATE

Mr. President:
The House adheres to its substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the Senate:
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 Speaker has appointed on the part of the House, Representatives Jackson of the 9th, Porter of the 119th and Kingston of the 125th.
The House adheres to its substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the Senate:
SB 267. By Senators Howard of the 42nd, Fincher of the 54th and Kidd of the 25th: A bill to amend Part 3 of Article 2 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to the regulation of pharmacists, so as to provide for license expiration and renewal and to require pharmacists to obtain continuing pharmaceutical education as a condition for renewing their pharmacist license; to provide for approved correspondence courses.
The Speaker has appointed on the part of the House, Representatives Cooper of the 20th, Parham of the 105th and Twiggs of the 4th.
The House adheres to its amendment, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the Senate:
SB 400. By Senators Garner of the 30th, Harrison of the 37th and Tolleson of the 32nd: 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 Speaker has appointed on the part of the House, Representatives Cox of the 141st, Lord of the 107th and Pettit of the 19th.
The House has agreed to the Senate substitute, as amended, to the following bill of the House:
HB 1843. By Representatives Coleman of the 118th and Jackson of the 9th:
A bill to amend Code Section 35-2-36 of the Official Code of Georgia Annotated, relating to the composition of the battalion of the Uniform Division of the De partment of Public Safety, so as to provide that recruits or cadets of the Uniform Division shall be designated peace officers and shall have the authority of peace officers.
The House has rejected Conference Committee report #1, and has appointed Confer-

FRIDAY, MARCH 7, 1986

2243

ence Committee #2 to confer with a like committee on the part of the Senate on the follow ing bill of the House:

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 Speaker has appointed on the part of the House, Representatives Aiken of the 21st, Maddox of the 7th and Johnson of the 72nd.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

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 ment hotels, boarding houses, or inns; to specify the period of time which a no tice shall cover.
Senate Sponsor: Senator Dawkins of the 45th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Burton
Cobb
Coleman
Coverdell Dawkins

Dean English Engram Foster Garner Gillis Harris Hine Horton Huggins
Kidd
Land
Langford McGill

McKenzie Peevy Perry Phillips fjay Q. ,, *?te Timmons Tolleson
Trulock
Turner
Tysinger Walker

Those not voting were Senators:

Barker Brannon Bryant Deal Fincher

Greene Harrison Holloway Howard Hudgins

Kennedy Reddish Scott of 2nd Scott of 36th Stumbaugh

2244

JOURNAL OF THE SENATE

On the passage of the bill, the yeas were 41, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Howard of the 42nd moved that the following bill of the House, having been read the third time previously today and placed on the Table, be taken from the Table:
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.
On the motion, the yeas were 29, nays 0; the motion prevailed, and HB 1285 was taken from the Table and placed at the foot of the Senate Rules Calendar for today.
The following bill of the House was taken up for the purpose of considering the Confer ence Committee report thereon:
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.
The Conference Committee report on HB 1638 was as follows:
The Committee of Conference on HB 1638 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1638 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Beverly Engram Senator, 34th District
/s/ Wayne Garner Senator, 30th District
/s/ Arthur Langford Senator, 35th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Carlton H. Colwell Representative, 4th District
/s/ Forest Hays, Jr. Representative, 1st District
/s/ Clinton Oliver Representative, 121st District

Conference Committee substitute to HB 1638:

A BILL
To be entitled an Act to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, 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 expenses incurred by the Department of Corrections on behalf of such inmates; to provide that the commissioner of corrections shall maintain an educational program within the state prison system to assist inmates in achieving a certain level of edu cation; to provide for additional educational programs; to encourage inmates to participate in an educational program; to provide exceptions; to provide for cooperation and coor-

FRIDAY, MARCH 7, 1986

2245

dination between the Department of Corrections and the Department of Education; to pro vide for rules and regulations; to provide for the State Board of Pardons and Paroles to consider an inmate's participation and achievement in educational programs when relief from sentence is being considered for the inmate; to provide that when the State Board of Pardons and Paroles releases inmates to alleviate the overcrowding of the prison system, special consideration shall be given to inmates who have participated in educational pro grams and achieved a certain level of education; to provide effective dates; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 42 of the Official Code of Georgia Annotated, relating to penal institu tions, is amended by striking in its entirety subsection (b) of Code Section 42-5-59, relating to the employment of inmates in the community, and inserting in lieu thereof a new subsec tion (b) to read as follows:
"(b) An inmate authorized to work at paid employment in the community under sub section (a) of this Code section shall comply with all rules and regulations promulgated by the board relative to the handling, disbursement, and holding in trust of all funds earned by the inmate while under the jurisdiction of the department. An amount determined to be the cost of the inmate's keep and confinement shall be deducted from the earnings of each inmate, and such amount shall be deposited in the treasury of the department; provided, however, that, if the inmate is assigned to a county correctional institution, the deducted amount shall be deposited in the treasury of the county to which the inmate is assigned. After the deduction for keep and confinement, the commissioner shall:
(1) Allow the inmate to draw from the balance a reasonable sum to cover his incidental expenses;
(2) Retain to the inmate's credit an amount as is deemed necessary to accumulate a reasonable sum to be paid to him on his release from the penal institution; and
(3) Deduct from the inmate's funds any amounts necessary to cover the costs of medical or dental attention provided to the inmate, said deductions to be made in accordance with policies and procedures promulgated by the commissioner; and
(4) Cause to be paid any additional balance as is needed for the support of the inmate's dependents."
Section 2. Said title is further amended by adding at the end of Article 3 of Chapter 5, relating to the conditions of detention generally, a new Code Section 42-5-64 to read as follows:
"42-5-64. (a) The commissioner shall maintain an educational program within the state prison system to assist inmates in achieving at least a fifth-grade level on standardized read ing tests. Inmates who test below the fifth-grade level will be encouraged by institutional staff to attend appropriate classes until they attain this level.
(b) For the purposes of this Code section, educational programing shall not apply to inmates who:
(1) Have been sentenced to death;
(2) Have attained 50 years of age; or
(3) Have serious learning disabilities.
(c) The commissioner shall provide additional educational programs in which inmates can voluntarily participate to further their education beyond the fifth-grade level.
(d) The commissioner shall utilize available services and programs within the Depart ment of Education, and the Department of Education shall cooperate with the commis sioner in the establishment of educational programs and the testing of inmates as required in this Code Section.

2246

JOURNAL OF THE SENATE

(e) The commissioner shall be authorized to promulgate rules and regulations necessary to carry out the provisions of this Code section."
Section 3. Said title is further amended by striking in its entirety subsection (c) of Code Section 42-9-42, relating to procedure for the State Board of Pardons and Paroles to follow in granting relief from sentence, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) Good conduct, achievement of a fifth-grade level or higher on standardized reading tests, and efficient performance of duties by an inmate shall be considered by the board in his favor and shall merit consideration of an application for pardon or parole. No inmate shall be placed on parole until and unless the board shall find that there is reasonable probability that, if he is so released, he will live and conduct himself as a respectable and law-abiding person and that his release will be compatible with his own welfare and the welfare of society. Furthermore, no person shall be released on pardon or placed on parole unless and until the board is satisfied that he will be suitably employed in self-sustaining employment or that he will not become a public charge. However, notwithstanding other provisions of this chapter, the board may, in its discretion, grant pardon or parole to any aged or disabled persons."
Section 4. Said title is further amended by striking in its entirety subsection (a) of Code Section 42-9-43, relating to information to be considered by the State Board of Pardons and Paroles generally, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The board, in considering any case within its power, shall cause to be brought before it all pertinent information on the person in question, included herein shall be:
(1) A report by the superintendent, warden, or jailer of the jail or state or county cor rectional institution in which the person has been confined upon the conduct of record of the person while in such jail or state or county correctional institution;
(2) The results of such physical and mental examinations as may have been made of the person;
(3) The extent to which the person appears to have responded to the efforts made to improve his social attitude; and
(4) The industrial record of the person while confined, the nature of his occupations while so confined, and a recommendation as to the kind of work he is best fitted to perform and at which he is most likely to succeed when and if he is released; and
(5) The educational programs in which the person has participated and the level of education which the person has attained based on standardized reading tests.
The board may also make such other investigation as it may deem necessary in order to be fully informed about the person."
Section 5. Said title is further amended by striking in its entirety subsection (c) of Code Section 42-9-60, relating to the overcrowding of prison system as creating state of emer gency, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) Upon the declaration of a state of emergency with regard to the jail and prison overcrowding by the Governor, the board shall select sufficient state prison inmates to re duce the state prison population to 100 percent of its capacity and issue such selected in mates a parole, but no dangerous offender shall be eligible for selection by the board. The board shall give special consideration for early release under this Code section to inmates who have participated in educational programs and who have achieved a fifth-grade level or higher on standardized reading tests. The selection of state prison inmates to be released under the authority contained in this Code section may be made without regard to limita tions placed upon the service of a portion of the prison sentence provided by Code Section 42-9-45."
Section 6. Section 1 of this Act shall become effective upon its approval by the Cover-

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nor or upon its becoming law without such approval. The remaining sections of this Act shall become effective October 15, 1986.
Section 7. All laws and parts of laws in conflict with this Act are repealed.

Senator Garner of the 30th moved that the Senate adopt the Conference Committee report on HB 1638.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Burton Cobb Coleman Coverdell Dawkins

Deal Dean Fincher Foster Garner Gillis Greene Harris Hine Holloway Howard Huggins Kennedy Kidd Langford

McGill McKenzie Peevy Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Tysinger Walker

Those not voting were Senators:

Barker Bryant English Engram

Harrison Horton Hudgins Land

Perry Phillips Turner

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1638.

The following bill of the House was taken up for the purpose of considering the House amendment to the Senate substitute thereto:

HB 1843. By Representatives Coleman of the 118th and Jackson of the 9th:
A bill to amend Code Section 35-2-36 of the Official Code of Georgia Annotated, relating to the composition of the battalion of the Uniform Division of the De partment of Public Safety, so as to provide that recruits or cadets of the Uniform Division shall be designated peace officers and shall have the authority of peace officers.

The House amendment was as follows:
Amend the Senate substitute to HB 1843 by striking from line 8 through line 11 of Page 1 the following:
", including those assigned to the Georgia Peace Officer Standards and Training Coun cil; to provide for payment of a clothing allowance to agents of the Georgia Bureau of Investigation".

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By striking from line 13 through line 15 of Page 2 the following:
", including those assigned to the Georgia Peace Officer Standards and Training Council,".
By striking line 22 through line 32 of Page 2 and by striking line 1 through line 12 of Page 3.
By redesignating Sections 4 and 5 as Sections 3 and 4, respectively.

Senator Cobb of the 28th moved that the Senate agree to the House amendment to the Senate substitute to HB 1843.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Barnes Bowen Brannon Brantley Broun of 46th Brown of 47th BBuryrtaonnt
Cobb
Coverdell
Dawkins
Deal
Dean

English Foster Garner Gillis Greene Harris Hine Holloway HKuengngiendsy
Kidd
Langford
McGill
McKenzie
Peevy

Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Q . u_.._i. Stumbaugh ,Tiiamtemons
Tolleson
Trulock
Turner
Tysinger
Walker

Those not voting were Senators:

Baldwin Barker Bond Coleman

Engram Fincher Harrison Horton

Howard Hudgins Land Perry

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 1843.

The following bills of the Senate were taken up for the purpose of considering the Con ference Committee reports thereon:

SB 267. By Senators Howard of the 42nd, Fincher of the 54th and Kidd of the 25th:
A bill to amend Part 3 of Article 2 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to the regulation of pharmacists, so as to provide for license expiration and renewal and to require pharmacists to obtain continuing pharmaceutical education as a condition for renewing their pharmacist license; to provide for approved correspondence courses; to provide for exceptions.

The Conference Committee report on SB 267 was as follows:

The Committee of Conference on SB 267 recommends that both the Senate and the

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2249

House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 267 be adopted.
Respectfully submitted,

FOR THE SENATE:
/a/ Kyle T. Cobb Senator, 28th District
/s/ Culver Kidd Senator, 25th District
/s/ Wayne Garner Senator, 30th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ William Cooper Representative, 20th District
/s/ Bobby Eugene Parham Representative, 105th District
/s/ Ralph Twiggs Representative, 4th District

Conference Committee substitute to SB 267:

A BILL
To be entitled an Act to amend Part 3 of Article 2 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to the regulation of pharmacists, so as to pro vide for license expiration and renewal and to require pharmacists to obtain continuing pharmaceutical education as a condition for renewing their pharmacist license; to provide for approved correspondence courses; to repeal certain provisions relating to continued edu cation certificates; to provide for inactive status licenses; to provide that persons granted inactive status shall be exempt from continuing pharmaceutical education requirements; to change the expiration period for pharmacy intern licenses; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 3 of Article 2 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to the regulation of pharmacists, is amended by striking subsection (b) of Code Section 26-4-76, relating to biennial registration of pharmacists and continuing edu cation for pharmacists, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) All licenses issued under this part shall be valid for up to two years and shall be renewable biennially. The board shall establish a program of continuing professional phar maceutical education for the renewal of pharmacist licenses. Notwithstanding any other provision of this part, no pharmacist license shall be renewed by the board or the jointsecretary until the pharmacist submits to the board satisfactory proof of his participation, during the biennium preceding his application for renewal, in not more than 30 hours of approved programs of continuing professional pharmaceutical education, as defined in this Code section. Continuing professional pharmaceutical education shall consist of educational programs providing training pertinent to the practice of pharmacy and approved by the board under this Code section. The board shall approve educational programs for persons practicing pharmacy in this state on a reasonable nondiscriminatory fee basis and may con tract with institutions of higher learning, professional organizations, or qualified individuals for the providing of approved programs. In addition to such programs, the board shall allow the continuing professional pharmaceutical education requirement to be fulfilled by the completion of approved correspondence courses which provide the required hours of ap proved programs of continuing professional pharmaceutical education or to be fulfilled by a combination of approved correspondence courses and other educational programs. The board may, consistent with the requirements of this Code section, promulgate rules and regulations to implement and administer this Code section, including the establishment of a committee to prescribe standards, approve and contract for educational programs, and set the required minimum number of hours per year."

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Section 2. Said part is further amended by striking subsection (c) of said Code Section 26-4-76 and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) The board shall by regulation provide for an inactive status license for those indi viduals who elect to apply for such status. Persons who are granted inactive status shall be exempt from the requirements of continuing pharmaceutical education."
Section 3. Said part is further amended by striking Code Section 26-4-77, relating to pharmacy interns, and inserting in lieu thereof a new Code section to read as follows:
"26-4-77. Any student in, or who has been accepted for admission to, any generally recognized school or college of pharmacy, and who has completed the prepharmacy require ments, may register with the board and may be licensed as a pharmacy intern. Licenses issued under this Code section shall bear the date thereof and shall be valid for up to five years. Licenses which shall expire by lapse of time may be renewed upon application, unless at the time of expiration there shall be pending before the board proceedings to suspend or revoke such license. A pharmacy intern may compound, mix, or dispense drugs and medicines or poisons only under the immediate supervision of a pharmacist."
Section 4. Sections 1 and 2 of this Act shall become effective January 1, 1987, but the remaining sections of this Act shall become effective upon the approval of this Act by the Governor or upon this Act's becoming law without such approval.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

Senator Kidd of the 25th moved that the Senate adopt the Conference Committee re port on SB 267.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Barker Barnes Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dawkins Deal

Dean English Fincher Foster Gillis Harris Harrison Hine Holloway 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:

Baldwin Bond Coleman Engram

Garner Greene Horton Howard

Land Reddish Scott of 2nd

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2251

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on SB 267.

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 Conference Committee report on SB 56 was as follows:

The Committee of Conference on SB 56 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 56 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Culver Kidd Senator, 25th District
/s/ Bill English Senator, 21st District
/s/ Kyle Cobb Senator, 28th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ E.M. Childers Representative, 15th District
/s/ Eleanor Richardson Representative, 52nd District
/s/ Tommy Chambless Representative, 133rd District

Conference Committee substitute to SB 56:

A BILL
To be entitled an Act to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to change certain administrative and judicial procedures regarding decisions and panel hearings of the Health Planning Review Board; to provide that certain proceeds received from the sale of certain hospitals 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. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by striking in their entirety subsections (g), (h), and (i) of Code Section 31-6-44, relating to the Health Planning Review Board and administrative and judicial review of planning agency decisions, and inserting in their place new subsections (g), (h), and (i) to read as follows:
"(g) The decision of the panel shall be the final agency decision for purposes of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
(h) In the event that the review board, its chairman, or a panel of the review board requires legal counsel, the chairman shall make a request for such advice to the Attorney General.
(i) Any party to the appeal hearing, excluding the planning agency, may seek judicial review of the panel's decision in accordance with the method set forth in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; provided, however, that in conducting such review, the court may reverse or modify the decision only if substantial rights of the appel lant have been prejudiced because the procedures followed by the planning agency, or the

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review board, or the administrative findings, inferences, conclusions, and decision of the review board are:
(1) In violation of constitutional statutory provisions;
(2) In excess of the statutory authority of the agency;
(3) Made upon unlawful procedures;
(4) Affected by other error of law;
(5) Not supported by substantial evidence, which shall mean that the record does not contain such relevant evidence as a reasonable mind might accept as adequate to support such findings, inferences, conclusions, or decisions, which such evidentiary standard shall be in excess of the 'any evidence' standard contained in other statutory provisions; or
(6) Arbitrary or capricious or characterized by abuse of discretion or clearly unwar ranted exercise of discretion."
Section 2. Said title is further amended by inserting immediately following Code Sec tion 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 a hospital owned by a hospital authority or political subdivision of this state, which proceeds shall not include funds re quired to pay off the bonded indebtedness of the sold hospital or any expense of the author ity or political subdivision attributable to the sale or lease, shall be held by the authority or political subdivision in an irrevocable trust fund. Such proceeds in that fund may be in vested in the same way that public moneys may be invested generally pursuant to general law, but money in that trust fund shall be used exclusively for funding the provision of hospital care for the indigent residents of the political subdivision which owned the hospital or by which the authority was activated or for which the authority was created. If the funds available for a political subdivision in that irrevocable trust fund are less than $100,000.00, the principal amount may be used to fund the provision of indigent hospital care; otherwise, only the income from that fund may be used for that care. Such funding or reimbursement for indigent care shall not exceed the diagnosis-related group rate for that hospital in each individual case.
(b) In the event a hospital authority which sold or leased a hospital was activated by or created for more than one political subdivision or in the event a hospital having as owner more than one political subdivision is sold or leased by those political subdivisions, each such constituent political subdivision's portion of the irrevocable trust fund for indigent hospital care shall be determined by multiplying the amount of that fund by a figure having a numerator which is the population of that political subdivision and a denominator which is the combined population of all the political subdivisions which owned the hospital or 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) This Code section shall not apply to a reorganization or restructuring and shall not apply to any sale of a hospital, or the proceeds from that sale, made prior to the date this Code section becomes effective."
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 Kidd of the 25th moved that the Senate adopt the Conference Committee re port on SB 56.

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2253

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Deal English Fincher

Foster Garner Gillis Greene Harris Harrison Hine Holloway Howard Huggins Kennedy Kidd Land Langford McGill McKenzie

Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Barker Bond Coverdell

Dawkins Dean Engram

Horton Hudgins

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on SB 56.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

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.

The House substitute to SB 579 was as follows:

A BILL
To be entitled an Act 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 an appropriation of highest annual debt service requirements may provide for use of the appropriation as capital outlay for specified purposes if debt is not incurred; to provide that the Georgia State Financing and Investment Commission shall be authorized to negotiate the sale of notes and bonds; to provide that the commission may invest bond proceeds in government obligations in addition to those government obligations of the United States government and those obligations guaranteed by the United States government; 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 17 of Title 50 of the Official Code of Georgia Annotated, known as the "Georgia State Financing and Investment Commission Act," is amended by

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striking subsection (a) of Code Section 50-17-23, relating to general obligation and guaran teed revenue debt, and inserting in its place a new subsection (a) to read as follows:
"(a) General obligation debt may not be incurred until the General Assembly has en acted legislation stating the purposes, in general or specific terms, for which such issue of debt is to be incurred, specifying the maximum principal amount of the issue, and appropri ating an amount at least sufficient to pay the highest annual debt service requirements for the issue. Appropriations made in each fiscal year, as provided in this subsection, for debt service purposes shall not lapse for any reason and shall continue in effect until the debt for which such appropriation was authorized shall have been incurred; but the General Assem bly may repeal any such appropriation at any time prior to the incurring of such debt. Following the incurring of debt in any fiscal year for any purpose for which an appropriation has been made, there shall be deposited in the sinking fund provided for in paragraph (1) of this subsection an amount equal to the highest annual debt service requirements for such debt coming due in any succeeding fiscal year. On or prior to the end of such fiscal year, the commission shall certify to the fiscal officer of the state the amount of the appropriation for any purpose which has been transferred to the sinking fund and the amount of the antici pated highest annual debt service requirement of debt authorized to be issued in such fiscal year for any purpose by resolution of the commission but which actually will be incurred in the next succeeding fiscal year. The remaining appropriation for any purpose, after deduct ing the aggregate amounts described in the preceding sentence, shall lapse, except that any such amount attributable to an appropriation to general obligation debt for the construction and improvement of public roads and bridges shall not lapse but shall be paid to the De partment of Transportation. The General Assembly may provide in an appropriation of highest annual debt service requirements that if the commission determines not to incur the debt so authorized, the commission may expend the appropriation as capital outlay for the purposes specified in the appropriation. The appropriation as capital outlay shall lapse at the end of the fiscal year of the appropriation unless committed as provided by law. The appropriation as highest annual debt service shall expire as authorization for debt when the funds are committed as capital outlay out shall otherwise lapse as provided by law.
(1) The General Assembly shall appropriate to a special trust fund designated 'State of Georgia General Obligation Debt Sinking Fund' such amounts as are necessary to pay an nual debt service requirements on all general obligation debt incurred hereunder. The sink ing fund shall be used solely for retirement of general obligation debt payable therefrom.
(2) If the General Assembly shall fail to make any appropriation or if for any reason the moneys in the sinking fund are insufficient to make all payments required with respect to such general obligation debt as and when the same becomes due, the director of the Fiscal Division of the Department of Administrative Services shall set apart from the first reve nues thereafter received, applicable to the general fund of the state, such amounts as are necessary to cure any such deficiencies and shall immediately deposit the same into the sinking fund. The director of the Fiscal Division of the Department of Administrative Ser vices may be required to set aside and apply such revenues as aforesaid at the action of any holder of any general obligation debt incurred under this article. The obligation to make such sinking fund deposits shall be subordinate to the obligation imposed upon the fiscal officers of the state pursuant to the second paragraph of Article IX, Section VII, Paragraph I(a) of the Constitution of Georgia of 1976.
(3) The moneys in the sinking fund shall be as fully invested as practical, consistent with the requirements to make current principal and interest payments. Any such invest ments shall be restricted to obligations constituting direct and general obligations of the United States government or obligations unconditionally guaranteed as to the payment of principal and interest by the United States government, maturing no longer than 12 months from date of purchase.
(4) Appropriations to the sinking fund for debt service requirements attributable to public debt incurred or to be incurred for construction, reconstruction, and improvement of

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public roads and bridges shall be considered as an appropriation for activities incident to providing and maintaining an adequate system of public roads and bridges in this state for the purpose of Article III, Section IX, Paragraph VI(b) of the Constitution."
Section 2. Said Article is further amended by striking paragraph (3) of subsection (b) of Code Section 50-17-25, relating to authorization for the issuance and sale of notes and bonds, and inserting in its place a new paragraph (3) to read as follows:
"(3) An authorizing resolution may authorize the issuance and sale of notes or it may authorize the issuance and sale of bonds at public or private sale in such manner and for such price as the commission may determine to be for the best interests of the state."
Section 3. Said article is further amended by striking subsection (b) of Code Section 5017-27, relating to the authority of the Georgia State Financing and Investment Commission to invest bond proceeds, and inserting in its place a new subsection (b) to read as follows:
"(b) Proceeds received from the sale of bonds evidencing general obligation debt shall be held in trust by the commission and disbursed promptly by the commission in accor dance with the original purpose set forth in the authorization of the General Assembly and in accordance with rules and regulations established by the commission. Bond proceeds and other proceeds held by the commission shall be as fully invested as is practical, consistent with the proper application of such proceeds for the purposes intended. Investments shall be limited to general obligations of the United States or of subsidiary corporations of the United States government fully guaranteed by such government, or to obligations issued by the Federal Land Bank, Federal Home Loan Bank, Federal Intermediate Credit Bank, Bank for Cooperatives, Federal Farm Credit Banks, or to tax exempt obligations issued by any state, county, municipal corporation, district, or political subdivision, or civil division or public instrumentality of any such government or unit of such government, and no others. Income earned on any such investments or otherwise earned by the commission shall be retained by the commission and used to purchase and retire any public debt or any bonds or obligations issued by any public agency, public corporation, or authority which are secured by a contract to which the second paragraph of Article IX, Section VI, Paragraph I(a) of the Constitution of Georgia of 1976 is applicable and may be used to pay operating expenses of the commission."
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.
Senator Barnes of the 33rd moved that the Senate agree to the House substitute to SB 579.
On the motion, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Albert Allgood Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coleman

Coverdell Dawkins Deal Dean English Engram Foster Garner Gillis Harris Harrison Hine Kennedy

Kidd Land Langford McGill McKenzie Peevy Perry Phillips Ray Reddish Scott of 36th Starr Stumbaugh

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Tate Timmons Tolleson

Trulock Turner

Tysinger Walker

Those not voting were Senators:

Baldwin Barker Pincher Greene

Holloway Horton Howard

Hudgins Muggins Scott of 2nd

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 579.

Senator Cobb of the 28th moved that since the House had rejected Conference Commit tee report No. 1, Conference Committee No. 2 be appointed on the following bill of the House:

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.

On the motion, the yeas were 41, nays 0; the motion prevailed, and the President ap pointed as Conference Committee No. 2 on the part of the Senate the following:

Senators Bowen of the 13th, Reddish of the 6th and Cobb of the 28th.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has agreed to the Senate substitute, as amended, to the following bills of the House:

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 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.

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HB 1917. By Representatives Jackson of the 9th, Murphy of the 18th, Porter of the 119th and Yeargin of the 14th:
A bill to amend Code Section 40-5-58 of the Official Code of Georgia Annotated, relating to revocations of licenses of habitual violators, so as to change the time period during which moving traffic violations will be considered for the purpose of determining habitual violator status.
The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:
HB 310. By Representatives Smith of the 152nd, Aiken of the 21st, Goodwin of the 63rd, Mueller of the 126th, Holcomb of the 72nd and others:
A bill to amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, so as to enact comprehen sive provisions requiring notice to parents before abortions are performed on cer tain minors and incompetents; to provide notice requirements; to provide for cer tain judicial proceedings regarding objection to such notice.
Senate Sponsor: Senator Barnes of the 33rd.
The Senate Committee on Judiciary offered the following substitute to HB 310:
A BILL
To be entitled an Act to amend Code Section 15-11-5 of the Official Code of Georgia Annotated, relating to jurisdiction of the juvenile court, so as to grant juvenile courts juris diction over proceedings concerning notice to a parent or guardian when certain medical or surgical procedures are performed on an unemancipated minor; to amend Title 39 of the Official Code of Georgia Annotated, relating to minors, so as to provide notice to a parent or guardian when certain medical or surgical procedures are performed on an unemancipated minor; to provide requirements of such notice; to provide for certain judicial proceedings regarding objections to such notice; to provide for definitions; to provide for applicability; to provide for exceptions; to provide for penalties; to provide for the support of certain chil dren; to provide for notification of law enforcement agencies if an unemancipated minor is under the age of 14; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 15-11-5 of the Official Code of Georgia Annotated, relating to jurisdiction of the juvenile court, is amended by striking "or" immediately following subparagraph (a)(2)(B), by striking the period and inserting in its place "; or" immediately follow ing subparagraph (a)(2)(C), and by adding at the end of paragraph (2) of subsection (a) a new subparagraph, to be designated subparagraph (a)(2)(D), to read as follows:
"(D) Under Chapter 5 of Title 39, relating to notice to a parent or guardian when cer tain medical or surgical procedures are performed on an unemancipated minor."
Section 2. Title 39 of the Official Code of Georgia Annotated, relating to minors, is amended by adding immediately following Chapter 4 a new chapter, to be designated Chap ter 5, to read as follows:
"CHAPTER 5
39-5-1. As used in this chapter, the term:
(1) 'Actual notice' means the giving of direct notice in person or by telephone.
(2) 'Constructive notice' means the giving of notice by registered or certified mail to the last known address of a parent, if any, or the legal guardian.

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(3) 'Treatment' means any elective medical or surgical procedure for the termination of a pregnancy.
(4) 'Unemancipated minor' means any person under the age of 18 who is not or has not been married or has not by court order or otherwise been freed from the care, custody, and control of such person's parents.
39-5-2. (a) No physician or other person shall give treatment to an unemancipated mi nor unless such person or the agent of such person has given:
(1) Actual notice to a parent or to the legal guardian of such minor of the request by the unemancipated minor for treatment; or
(2) Constructive notice to a parent or to the legal guardian of such minor if a parent or guardian cannot be reached by actual notice after all diligent efforts to contact them have been exhausted.
(b) When a parent or legal guardian accompanies a minor to the office of the person from whom treatment is sought, the notice requirement of subsection (a) of this Code sec tion shall not apply.
(c) If the parents of such minor are divorced, actual notice shall first be directed to the parent with custody and, if such is not successful, then actual notice shall be directed to the noncustodial parent. If actual notice cannot be accomplished, then constructive notice shall be given to the custodial parent.
(d) (1) The requisite information about parents or guardians from which a person or his agent must give actual or constructive notice under this Code section shall be supplied by the unemancipated minor.
(2) There shall be no liability, either civil or criminal, on the part of a person giving treatment or his agent arising from a failure to give notice under this Code section when such failure is due to defective or false information supplied by the unemancipated minor.
(3) If the forms of notice provided in subsection (a) of this Code section are attempted but prove to be unsuccessful in giving notice which is actually received by a parent or guard ian, the person giving treatment or his agent shall be relieved of any duty to give further notice.
(e) An unemancipated minor who objects to such notice being given to a parent or legal guardian may petition, on such minor's own behalf or by next friend, the juvenile court in the county in which the minor resides or in which the treatment is to be rendered for a waiver of such notice requirement pursuant to the procedures provided for in Code Section 39-5-3. The physician or other person in the office of the person from whom treatment is sought shall inform the unemancipated minor of the right to petition the juvenile court under Code Section 39-5-3 for a waiver of the notice to the parents or guardian required under this Code section and shall further inform such minor of the right to counsel.
(f) In cases where treatment is elected because the actions of one parent have caused the need for such treatment, actual or constructive notice only to the other parent of such minor shall be sufficient.
39-5-3. (a) An unemancipated minor may participate in proceedings in the court on such minor's own behalf and the court shall advise such minor of the right to court ap pointed counsel and shall provide such minor with such counsel upon request or if such minor is not already adequately represented.
(b) All court proceedings under this Code section shall be conducted in a manner to preserve the anonymity of the parties and shall be given such precedence over other pend ing matters as is necessary to ensure that a decision is reached by the court as expeditiously as is possible under the circumstances of the case.

FRIDAY, MARCH 7, 1986

2259

(c) Notice shall be waived if the court finds either:
(1) That the unemancipated minor is mature and well-informed enough to make per sonally the decision to elect treatment; or
(2) That notice given pursuant to Code Section 39-5-2 would not be in the best interests of such minor.
(d) A court that conducts proceedings under this Code section shall issue written and specific factual findings and legal conclusions supporting its decision and shall order that a record of the evidence be maintained. Such record shall preserve the anonymity of the parties.
(e) An expedited appeal preserving the anonymity of the parties shall be available to any unemancipated minor to whom the court denies a waiver of notice. The appellate courts are authorized and directed to issue promptly such rules as are necessary to preserve ano nymity and to ensure the expeditious disposition of procedures provided by this Code section.
(f) No filing fees shall be required of any unemancipated minor who uses the procedures provided by this Code section.
39-5-4. The requirements and procedures of this chapter shall apply to all unemanci pated minors within this state whether or not such persons are residents of this state.
39-5-5. This chapter shall not apply when, in the best clinical judgment of the person from whom treatment is sought on the facts of the case before him, a medical emergency exists that so complicates the condition of the minor as to require immediate treatment. A person who does not comply with this chapter by reason of the exception provided for in this Code section shall certify in writing the medical indications on which his judgment was based when filing such reports as are required by law.
39-5-6. Any person who gives treatment with knowledge that, or who disregards whether, the person upon whom the treatment is performed is an unemancipated minor and who intentionally or knowingly fails to conform to any requirement of this chapter shall be guilty of a misdemeanor.
39-5-7. The parents or legal guardian or such unemancipated minor and the parents or legal guardian of the putative father shall have equal legal responsibility with the unemanci pated minor and the putative father for the care and support of the child conceived, as provided in Code Section 19-7-2, provided the putative father is also an unemancipated minor.
39-5-8. If the unemancipated minor who presents herself for treatment is under the age of 14, the appropriate law enforcement officials having jurisdiction shall be notified of the possibility of a violation of Code Section 16-6-3."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Senators Allgood of the 22nd, Gillis of the 20th and Kennedy of the 4th offered the following amendment:
Amend the substitute to HB 310 offered by the Senate Committee on Judiciary by striking from line 14 of Page 1 the following:
"to provide for the support of certain children;".
By striking from lines 3 through 9 of Page 6 the following:
"39-5-7. The parents or legal guardian of such unemancipated minor and the parents or legal guardian of the putative father shall have equal legal responsibility with the unemanci pated minor and the putative father for the care and support of the child conceived, as provided in Code Section 19-7-2, provided the putative father is also an unemancipated minor."

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JOURNAL OF THE SENATE

By striking from line 10 on Page 6 the following: "39-5-8",
and inserting in lieu thereof the following: "39-5-7".
Senator Barnes of the 33rd offered the following amendment:
Amend the substitute to HB 310 offered by the Senate Committee on Judiciary by inserting on line 24 of Page 3 between "minor" and the period the following:
", provided that it shall be unlawful for a person giving treatment or his agent to en courage an unemancipated minor to give false or defective information for the purpose of defeating or impeding the giving of notice required under this Code section".
Senators Hine of the 52nd, Deal of the 49th, Trulock of the 10th and eleven other Senators offered the following amendment:
Amend the substitute to HB 310 offered by the Senate Committee on Judiciary by striking from line 8 of Page 1 the following:
"a parent or guardian",
and inserting in its place the following:
"putative fathers, certain parents, and guardians".
By striking from line 2 of Page 2 the following:
"a parent or guardian",
and inserting in its place the following:
"certain parents or guardians".
By inserting between lines 3 and 4 of Page 3 the following:
"(b) In addition to the notice requirements of subsection (a) of this Code section, no physician or other person shall give treatment to an unemancipated minor unless such per son or the agent of such person has given:
(1) Actual notice to the putative father and, if the putative father is under the age of 18, to a parent or to the legal guardian of such father of the request by the unemancipated minor for the treatment; or
(2) Constructive notice to the putative father and, if the putative father is under the age of 18, to a parent or to the legal guardian of such father if a parent or guardian cannot be reached by actual notice after a reasonable effort to find them."
By striking from line 4 of Page 3 the following: "(b)",
and inserting in its place the following:
"(c)".
By striking from line 8 of Page 3 the following: "(c)",
and inserting in its place the following: "(d)".
By striking from line 14 of Page 3 the following: "(d)",

FRIDAY, MARCH 7, 1986

2261

and inserting in its place the following: "(e)".
By striking from lines 14 and 15 of Page 3 the following: "parents or guardians", and inserting in its place the following: "the putative father, parents, and guardians". By striking from line 26 of Page 3 the following: "subsection (a)", and inserting in its place the following: "subsections (a) and (b)". By striking from line 28 of Page 3 the following: "parent or guardian", and inserting in its place the following: "putative father, parent, or guardian". By striking from line 31 of Page 3 the following: "(e)",
and inserting in its place the following: "(f)".
By striking from line 32 of Page 3 the following: "parent or legal guardian", and inserting in its place the following: "putative father, parent, or legal guardian". By striking from line 8 of Page 4 the following: "parents or guardian", and inserting in its place the following: "putative father, parents, or guardian". By striking from line 11 of Page 4 the following: "(f)",
and inserting in its place the following: "(g)".
Senator Mine of the 52nd offered the following amendment: Amend the amendment offered by Senators Hine of the 52nd, Deal of the 49th, Trulock of the 10th and eleven other Senators to HB 310 by adding on line 19, Page 1, after "father", "if the putative father is under the age of 18," and adding on line 25, Page 1, after "father", "if the putative father is under the age of 18,".
Senator Allgood of the 22nd moved the previous question.

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JOURNAL OF THE SENATE

On the motion, the yeas were 29, nays 9; the motion prevailed, and the previous ques tion was offered.

On the adoption of the amendment offered by Senators Allgood of the 22nd, Gillis of the 20th and Kennedy of the 4th to the substitute to HB 310 offered by the Senate Commit tee on Judiciary, the yeas were 36, nays 4, and the amendment was adopted.

On the adoption of the amendment offered by Senator Barnes of the 33rd to the substi tute to HB 310 offered by the Senate Committee on Judiciary, the yeas were 37, nays 1, and the amendment was adopted.

On the adoption of the amendment offered by Senator Hine of the 52nd to the amend ment offered by Senators Hine of the 52nd, Deal of the 49th, Trulock of the 10th and eleven other Senators to HB 310, the yeas were 18, nays 29, and the amendment was lost.

On the adoption of the amendment offered by Senators Hine of the 52nd, Deal of the 49th, Trulock of the 10th and eleven other Senators to HB 310, the yeas were 10, nays 35, and the amendment was lost.

On the adoption of the substitute, the yeas were 41, 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 Allgood Baldwin Barker Barnes Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Coverdell Dawkins Deal Dean

English Engram Fincher Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard Huggins Kennedy Kidd Land Langford

McGill McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those voting in the negative were Senators Bond and Hudgins.

On the passage of the bill, the yeas were 54, nays 2.

The bill, having received the requisite constitutional majority, was passed by substitute.

FRIDAY, MARCH 7, 1986

2263

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 House:
HR 1014. By Representative Murphy of the 18th: A resolution relative to adjournment.
The House has agreed to the Senate amendment to the following bill of the House:
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.
The House has adopted the report of the Committee of Conference on the following bill of the House:
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.
The House has discharged Conference Committee #2 and has appointed Conference Committee #3 on the following bill of the House:
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.
The Speaker has appointed on the part of the House, Representatives Lee of the 72nd, Walker of the 115th and Connell of the 87th.
The following bill of the House was taken up for the purpose of considering the Third Conference Committee report thereon:
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.
The Third Conference Committee report on HB 1550 was as follows:

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JOURNAL OF THE SENATE

The Committee of Conference on HB 1550 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1550 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Culver Kidd Senator, 25th District
Floyd Hudgins Senator, 15th District
/s/ Gene Walker Senator, 43rd District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ William J. Lee Representative, 72nd District
/s/ Larry Walker Representative, 115th District
/s/ Jack Connell Representative, 87th District

Conference Committee substitute to HB 1550:

A BILL
To be entitled an Act to amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries and allowances of certain state officials, so as to change the salary of the state auditor; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries and allowances of certain state officials, is amended by striking paragraph (6) of subsection (a) in its entirety and inserting in lieu thereof a new paragraph (6) to read as follows:
"(6) State auditor.................................................... 60,000.00".
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Kidd of the 25th moved that the Senate adopt the Third Conference Commit tee report on HB 1550.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen BDBnBrrrooawnunnnoonofcrf 4.4j.o6r7ritLithLh. Bryant Burton
Cobb
Coverdell Dawkins Deal

Dean English Foster Gillis Harris HuHiHiooolwrltiooawrndjay Hudgins Huggins
Kennedy
Kidd Land McGill

McKenzie Peevy Perry Ray Reddish SSQ0.., ccoot,tt.ttt ooff,e 32o,,,n6,,Adt,h J>tarr Timmons
Trulock
Turner Tysinger Walker

FRIDAY, MARCH 7, 1986

2265

Those voting in the negative were Senators:

Albert
Baldwin Brantley Engram Garner

Greene Harrison
Hine Langford

Phillips Stumbaugh
Tate Tolleson

Not voting were Senators Coleman and Fincher.

On the motion, the yeas were 41, nays 13; the motion prevailed, and the Senate adopted the Third Conference Committee report on HB 1550.

The following bill of the House was taken up for the purpose of considering the Second Conference Committee report thereon:

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 oifenses, 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 Second Conference Committee report on HB 1433 was as follows:

The Committee of Conference on HB 1433 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1433 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

M Kyle T. Cobb Senator, 28th District

/si Fred Aiken Representative, 21st District

/s/ Rooney L. Bowen Senator, 13th District

/s/ Rudolph Johnson Representative, 72nd District

/s/ Riley Reddish Senator, 6th District

/s/ J. C. Maddox Representative, 7th District

Conference Committee substitute to HB 1433:

A BILL
To be entitled an Act to amend Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to the offense of criminal trespass and related offenses, so as to provide that under certain circumstances a person who parks, stands, or operates 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 pun ishment; to provide for municipal ordinances; 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 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to the offense of criminal trespass and related offenses, is amended by adding at the end of Part 1 thereof, relating to general provisions applicable to criminal trespass, a new Code Section 16-7-29 to read as follows:
"16-7-29. (a) A person commits the offense of criminal trespass by motor vehicle when

2266

JOURNAL OF THE SENATE

the person, after having been requested by the owner or a law enforcement officer not to do so, parks or stands an occupied or unoccupied motor vehicle in, or repeatedly drives a motor vehicle through or within, a parking area which is located on privately owned property and is provided by a merchant or group of merchants for customers if:
(1) The parking area is identified by at least one conspicuous sign at each entrance which contains the following information in easy to read printing:
(A) Notice of the elements of the crime of criminal trespass by motor vehicle;
(B) Identification of the property which is reserved for customers' use only;
(C) Identification of the merchant or merchants providing the parking area; and
(D) Warning that violators will be prosecuted; and
(2) The motor vehicle is parked, is standing, or is being operated other than for the purpose of:
(A) Transporting some person to or from the interior of the place of business of a merchant identified by the sign or signs in the parking area;
(B) Making use of a telephone, vending machine, or other similar facility located in the parking area;
(C) Meeting the requirements of a situation in which it has unexpectedly become im possible or impractical for the motor vehicle to continue to travel on the public roads; or
(D) Carrying out an activity for which express permission has been given by the owner of the parking area or an authorized representative of the owner.
(b) A person who commits the offense of criminal trespass by motor vehicle shall be guilty of a misdemeanor and shall be punished by a fine:
(1) Not to exceed $50.00 for the first such offense;
(2) Not to exceed $100.00 for the second such offense; and
(3) Not to exceed $150.00 for the third or subsequent such offense.
(c) The governing authority of any municipal corporation by ordinance may adopt by reference the provisions of subsection (a) of this Code section without publishing or posting in full the provisions thereof. Any person violating any such ordinance shall be subject to a monetary fine:
(1) Not to exceed $50.00 for the first such violation;
(2) Not to exceed $100.00 for the second such violation; and
(3) Not to exceed $150.00 for the third or subsequent such violation."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Cobb of the 28th moved that the Senate adopt the Second Conference Commit tee report on HB 1433.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Barker Bond Bowen Brannon Brantley

Broun of 46th Bryant Burton Cobb Coverdell Dean English

Engram Foster Garner Gillis Harris Harrison Holloway

FRIDAY, MARCH 7, 1986

2267

Horton Hudgins Muggins Kennedy Kidd Land McGill

McKenzie Perry Phillips Ray Reddish Scott of 2nd Starr

Those voting in the negative were Senators:

Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger

Brown of 47th

Deal

Dawkins

Those not voting were Senators:

Peevy

Baldwin Barnes Coleman Pincher

Greene Hine Howard

Langford Scott of 36th Walker

On the motion, the yeas were 42, nays 4; the motion prevailed, and the Senate adopted the Second Conference Committee report on HB 1433.

Senator Barnes of the 33rd moved that, since the House had appointed a Second Con ference Committee, the First Conference Committee be discharged and a Second Confer ence Committee be appointed on the following bill of the House:

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.

On the motion, the yeas were 33, nays 18, and the motion prevailed.

The following resolution of the House was read and put upon its adoption:

HR 1014. By Representative Murphy of the 18th:
A resolution amending HR 1001, relative to adjournment by the General Assem bly sine die at 6:00 o'clock P.M. March 7, 1986, to 6:30 o'clock P.M.

On the adoption of the resolution, 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 Broun of 46th Brown of 47th Burton Cobb Dawkins

Dean Fincher Hine Horton Kidd McKenzie

Ray Starr Timmons Tolleson Turner

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JOURNAL OF THE SENATE

Those voting in the negative were Senators:

Albert Allgood Barker
Bnd owe" %*TMt y Coverdell Deai English Engram Foster

Garner Gillis Harris
Harrison Holloway Hudgins Huggins Kennedy Land Langford McGill

Peevy Perry Phillips
Reddish Scott of 2nd Scott of 36th Stumbaugh Tate Trulock Tysinger Walker

Those not voting were Senators:

Baldwin Brannon

Coleman Greene

Howard

On the adoption of the resolution, the yeas were 17, nays 34.

The resolution, having failed to receive the requisite majority, was lost.

The following bill of the House was taken up for the purpose of considering the House amendment to the Senate substitute thereto:

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.

The House amendment was as follows:
Amend the Senate substitute to HB 1367 by striking in their entirety lines 1 through 29 of Page 1, lines 1 through 34 of Page 2, and lines 1 through 18 of Page 3, and inserting in their place the following:
"To provide for the right of jury trials and for appellate practice in certain probate courts of counties having a population of more than 150,000 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; to provide that the writ of certiorari to superior court shall not be available from certain probate courts; to allow certain probate courts to grant new trials; to amend Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, so as to provide for jury trials in civil cases in probate courts of counties having a population of more than 150,000 persons according to the United States decennial census of 1980 or any future such census in which the judge thereof has been admitted to the practice of law for at least seven years; to provide exceptions; to provide for demands for jury trials; to provide for practice, pleading, procedure, and evidence; to provide for appeals and appellate proce dure; to provide for the execution of judgments; to provide for fees; to amend Code Section 19-3-40 of the Official Code of Georgia Annotated, relating to premarital blood tests, so as to provide exceptions to the right of appeal to superior court; to amend Code Section 24-8-21 of the Official Code of Georgia Annotated, relating to the summary establishment of lost papers in the probate courts, so as to provide exceptions to the right of appeal to superior court; to amend Code Section 29-5-11 of the Official Code of Georgia Annotated, relating to appeals from certain guardianship orders, so as to provide exceptions to the right of appeal to superior court; to amend Code Section 31-20-3 of the Official Code of Georgia Annotated,

FRIDAY, MARCH 7, 1986

2269

relating to sterilization of mentally incompetent persons, so as to provide certain exceptions to the right of appeal to superior court; to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to provide for exceptions to the right of appeal to superior court in certain cases; 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 shall be on the record of the hearing below and not by de novo jury trial; to amend Code Section 44-9-59 of the Official Code of Georgia Annotated, relating to procedures for the removal of obstructions to a private way, so as to provide exceptions to the right of appeal to superior court; to amend Article 8 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to personal representatives to manage assis tance payments, so as to provide exceptions to the right of de novo jury appeals to superior court; to amend Title 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and administration of estates, so as to provide for appeals from decisions of the probate courts; to provide an effective date and for applicability; to repeal conflicting laws; and for other purposes.".
By striking the entirety of said substitute following the enacting clause on lines 19 of Page 3 and inserting in its place the following:
"Section 1. Title 5 of the Official Code of Georgia Annotated, relating to appeal and error, is amended by striking in its entirety Code Section 5-3-2, relating to the right of appeal from probate courts, and inserting in its place a new Code Section 5-3-2 to read as follows:
'5-3-2. (a) An appeal shall lie to the superior court from any decision made by the probate court, except an order appointing a temporary administrator.
(b) Notwithstanding subsection (a) of this Code section, no appeal from the probate court to the superior court shall lie from any civil case in a probate court which is provided for by Article 6 of Chapter 9 of Title 15.'
Section 2. Said title is further amended by striking in its entirety Code Section 5-3-29, relating to de novo investigations on appeal, and inserting in its place a new Code Section 53-29 to read as follows:
'5-3-29. An appeal to the superior court in any case where not otherwise provided by laws is a de novo investigation. It brings up the whole record from the court below; and all competent evidence shall be admissible on the trial thereof, whether adduced on a former trial or not. Either party is entitled to be heard on the whole merits of the case.'
Section 3. Said title is further amended by striking in its entirety Code Section 5-4-1, relating to when certiorari shall lie, and inserting in its place a new Code Section 5-4-1 to read as follows:
'5-4-1. (a) The writ of certiorari shall lie for the correction of errors committed by any inferior judicatory or any person exercising judicial powers, including the judge of the pro bate court, except in cases touching the probate of wills, granting letters testamentary, and of administration.
(b) Notwithstanding subsection (a) of this Code section, the writ of certiorari shall not lie in civil cases in the probate courts which are provided for by Article 6 of Chapter 9 of Title 15.'
Section 4. Said title is further amended by striking in its entirety Code Section 5-5-1, relating to the power of certain courts to grant new trials, and inserting in its place a new Code Section 5-5-1 to read as follows:
'5-5-1. (a) The superior, state, and city courts shall have power to correct errors and grant new trials in cases or collateral issues in any of the respective courts in such manner and under such rules as they may establish according to law and the usages and customs of courts.

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JOURNAL OF THE SENATE

(b) Probate courts shall have power to correct errors and grant new trials in civil cases provided for by Article 6 of Chapter 9 of Title 15 under such rules and procedures as apply to the superior courts.'
Section 5. Said title is further amended by designating the existing language of subsec tion (a) of Code Section 5-6-33, relating to the right of appeal generally, as paragraph (1) and by adding a new paragraph, to be designated paragraph (2), so that when so amended, subsection (a) shall read as follows:
'(a) (1) Either party in any civil case and the defendant in any criminal proceeding in the superior, state, or city courts, may appeal from any sentence, judgment, decision, or decree of the court, or of the judge thereof in any matter heard at chambers.
(2) Either party in any civil case in the probate courts provided for by Article 6 of Chapter 9 of Title 15 may appeal from any judgment, decision, or decree of the court, or of the judge thereof in any matter heard at chambers."
Section 6. Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, is amended by adding at the end thereof a new article, to be designated Article 6, to read as follows:
'ARTICLE 6
15-9-120. As used in this article, the term:
(1) "Civil case" means those civil matters:
(A) Over which the judge of the probate court exercises judicial powers;
(B) Within the original, exclusive, or general subject matter jurisdiction of the probate court; and
(C) Which, if not for this article and Code Section 5-6-33, could be appealed to superior court for a de novo investigation with the right to a jury trial under Code Sections 5-3-2 and 5-3-29.
(2) "Probate court" means a probate court of a county having a population of more than 150,000 persons according to the United States decennial census of 1980 or any future such census in which the judge thereof has been admitted to the practice of law for at least seven years.
15-9-121. (a) A party to a civil case in the probate court shall have the right to a jury trial if such right is asserted by a written demand for jury trial with the first pleading of the party. If a party fails to assert the right to a jury trial, the right shall be deemed waived and may not thereafter be asserted.
(b) Notwithstanding other laws, for any civil case in which a jury trial is demanded, the determination of issues of fact shall not be made by the probate judge but shall be for the jury as in cases in the superior courts.
(c) If the civil case could not be appealed to a jury in superior court from a probate court not meeting the definition provided in paragraph (2) of Code Section 15-9-120, the right to a jury trial shall not be available in a probate court which meets such definition.
15-9-122. Unless provided to the contrary by Code Section 9-11-81, the general laws and rules of practice, pleading, procedure, and evidence which are applicable to the superior courts of this state shall be applicable to and govern in civil cases in the probate courts.
15-9-123. (a) Either party to a civil case in the probate court shall have the right of appeal to the Supreme Court or the Court of Appeals, as provided by Chapter 6 of Title 5.
(b) The general laws and rules of appellate practice and procedure which are applicable to cases appealed from the superior courts of this state shall be applicable to and govern appeals of civil cases from the probate courts.
15-9-124. The general laws and rules applicable to the execution and enforcement of

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judgments in the superior courts of this state shall be applicable to and govern civil cases in the probate courts.
15-9-125. All laws with reference to the number, composition, qualifications, impanel ing, challenging, and compensation of jurors in superior courts shall apply to and be ob served by the probate courts in civil cases.
15-9-126. For services rendered in jury trials and in appeals to the Supreme Court or Court of Appeals, if a fee is not prescribed by Code Section 15-9-60, the judge of the probate court shall be entitled to the same fee as that of the clerk of the superior court provided in Code Section 15-6-77 for similar services in superior court.'
Section 7. Code Section 19-3-40 of the Official Code of Georgia Annotated, relating to premarital blood tests, is amended by striking in its entirety subsection (f) and inserting in its place a new subsection (f) to read as follows:
'(f) Except as provided in Article 6 of Chapter 9 of Title 15, when an applicant has been refused a license to marry by reason of paragraph (1) of subsection (b) of this Code section, the applicant shall have the right to appeal to the superior court in the county wherein the applicant resides within 60 days after the refusal. The superior court judge is empowered to hear an applicant's appeal in a summary way at any place in his judicial circuit without the intervention of a jury. The aggrieved party shall submit to the court the laboratory exami nation reports that are material to the hearing of the appeal. If, after hearing expert medical testimony, in the opinion of the court the applicant is free of syphilis or is not in a stage of the disease which may become communicable, the court shall order the licensing authority to issue a license to the person to marry, provided all other requirements of the law regulat ing the issuance of marriage licenses are complied with. A certified copy of the court's order shall be filed with the licensing authority issuing the license to marry and shall be accepted in lieu of any and all other certificates required under this Code section.'
Section 8. Code Section 24-8-21 of the Official Code of Georgia Annotated, relating to the summary establishment of lost papers in the probate court, is amended by striking in its entirety subsection (e) and inserting in its place a new subsection (e) to read as follows:
'(e) Except as provided in Article 6 of Chapter 9 of Title 15, if either party to the proceedings provided for in this Code section is dissatisfied, he may appeal upon giving the usual bond and security for costs, as in cases of appeal from the probate court to the supe rior court. The appeal shall be tried in the superior court from all the pleadings and pro ceedings as were before the judge of the probate court. In the superior court the case shall be tried and determined as provided in Code Sections 24-8-24 through 24-8-27.'
Section 9. Code Section 29-5-11 of the Official Code of Georgia Annotated, relating to appeals from certain guardianship orders, is amended by striking in its entirety subsection (a) and inserting in its place a new subsection (a) to read as follows:
'(a) Except as provided in Article 6 of Chapter 9 of Title 15, the ward, individually or by his attorney, his representatives, or his guardian ad litem, or the petitioner may appeal from any final order of the probate court to the superior court in the county in which the proceedings were held. The appeal shall be in the same manner as other appeals from the probate court to the superior court but shall be heard as expeditiously as possible. The appeal shall be de novo unless the parties by agreement specifically limit the issues. The ward shall retain his right to counsel or to have counsel appointed for him. The burden of proof shall be upon the petitioner and the standard used by the court in reaching its deci sion shall be clear and convincing evidence.'
Section 10. Code Section 31-20-3 of the Official Code of Georgia Annotated, relating to sterilization of mentally incompetent persons, is amended by striking in its entirety para graph (6) of subsection (c) and inserting in its place a new paragraph (6) to read as follows:
'(6) Except as provided in Article 6 of Chapter 9 of Title 15, an appeal to the superior court may be had by the applicant or person alleged to be subject to this Code section or by any other interested party on such judgment in the probate court as provided in other cases

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by the laws of this state. The proceedings before the superior court shall constitute a trial de novo and upon application of either party shall be heard before a jury. If the person alleged to be subject to this Code section requests that the trial be closed to the public, the judge shall close the trial to the public unless an overriding or compelling reason can be shown as to why such trial should not be closed to the public. The ruling by the judge whether to open the trial to the public or not shall be in writing. Any decision of the superior court in such cases may be appealed to the higher courts of this state as in other civil cases. The cost of appeal, if any, to the superior and higher courts shall be taxed as in other civil cases. The pendency of any appeal shall stay the proceedings in the probate court until the appeal is finally determined. Affidavits in forma pauperis regarding court costs and costs of appeal may be filed as in other cases made and provided by the laws of this state; and".
Section 11. Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended by striking in its entirety Code Section 37-3-150, relating to the rights of mentally ill patients to appeal orders, and inserting in its place a new Code Section 37-3-150 to read as follows:
'37-3-150. The patient, his representatives, or his attorney may appeal any order of the probate court or hearing officer rendered in a proceeding under this chapter to the superior court of the county in which the proceeding was held, except as otherwise provided in Arti cle 6 of Chapter 9 of Title 15, and may appeal any order of the juvenile court rendered in a proceeding under this chapter to the Court of Appeals and the Supreme Court. The appeal to the superior court shall be made in the same manner as appeals from the probate court to the superior court, except that the appeal shall be heard before the court sitting without a jury as soon as practicable but not later than 30 days following the date on which the appeal is filed with the clerk of the superior court. The appeal from the order of the juvenile court to the Court of Appeals and the Supreme Court shall be as provided by law but shall be heard as expeditiously as possible. The patient must pay all costs upon filing any appeal authorized under this Code section or must make an affidavit that he is unable to pay costs. The patient shall retain all rights of review of any order of the superior court, the Court of Appeals, and the Supreme Court as provided by law. The patient shall have a right to coun sel or, if unable to afford counsel, shall have counsel appointed for him by the court.'
Section 12. Said title is further amended by striking in its entirety Code Section 37-4110, relating to the rights of certain mentally retarded persons to appeal orders, and in serting in its place a new Code Section 37-4-110 to read as follows:
'37-4-110. The client, his representatives, or his attorney may appeal any order of the probate court or hearing officer rendered in a proceeding under this chapter to the superior court of the county in which the proceeding was held, except as otherwise provided in Arti cle 6 of Chapter 9 of Title 15, and may appeal any order of the juvenile court rendered in a proceeding under this chapter to the Court of Appeals and the Supreme Court. The appeal to the superior court shall be made in the same manner as appeals from the probate court to the superior court, except that the appeal shall be heard before the court sitting without a jury as soon as practicable but not later than 30 days following the date on which the appeal is filed with the clerk of the superior court. The appeal from the order of the juvenile court to the Court of Appeals and the Supreme Court shall be as provided by law but shall be heard as expeditiously as possible. The client must pay all costs upon filing any appeal authorized under this Code section or must make an affidavit that he is unable to pay costs. The client shall retain all rights of review of any order of the superior court, the Court of Appeals, and the Supreme Court as provided by law. The client shall have a right to counsel or, if unable to afford counsel, shall have counsel appointed for him by the court.'
Section 13. Said title is further amended by striking in its entirety Code Section 37-7150, relating to the rights of alcoholic or drug abusing patients to appeal orders, and in serting in its place a new Code Section 37-7-150 to read as follows:
'37-7-150. The patient, his representatives, or his attorney may appeal any order of the probate court or hearing officer rendered in a proceeding under this chapter to the superior court of the county in which the proceeding was held, except as otherwise provided in Arti-

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cle 6 of Chapter 9 of Title 15, and may appeal any order of the juvenile court rendered in a proceeding under this chapter to the Court of Appeals and the Supreme Court. The appeal to the superior court shall be made in the same manner as appeals from the probate court to the superior court, except that the appeal shall be heard before the court sitting without a jury as soon as practicable but not later than 30 days following the date on which the appeal is filed with the clerk of the superior court. The appeal from the order of the juvenile court to the Court of Appeals and the Supreme Court shall be as provided by law but shall be heard as expeditiously as possible. The patient must pay all costs upon filing any appeal authorized under this Code section or must make an affidavit that he is unable to pay costs. The patient shall retain all rights of review of any order of the superior court, the Court of Appeals, and the Supreme Court, as provided by law. The patient shall have a right to counsel or, if unable to afford counsel, shall have counsel appointed for him by the court.'
Section 14. Said title is further amended by striking in its entirety subsection (j) of Code Section 37-8-34, relating to the involuntary commitment of alcoholics, and inserting in its place a new subsection (j) to read as follows:
'(j) The court shall inform the person whose commitment or recommitment is sought of his right to contest the application, appeal be represented by counsel at every stage of any proceedings relating to his commitment and recommitment, and have counsel appointed by the court or provided by the court if he wants the assistance of counsel and is unable to obtain counsel. If the court believes that the person needs the assistance of counsel, the court shall require counsel for him, by appointment if necessary, regardless of his wishes. The person whose commitment or recommitment is sought shall be informed of his right to be examined by a licensed physician of his choice. If the person is unable to obtain a li censed physician and requests examination by a physician, the court shall employ a licensed physician.'
Section 15. Article 2 of Chapter 13 of Title 40 of the Official Code of Georgia Anno tated, relating to arrests, trials, and appeals in cases involving certain motor vehicle and traffic offenses, is amended by striking Code Section 40-13-28, relating to appeal to the su perior courts, in its entirety and inserting in lieu thereof a new Code Section 40-13-28, to read as follows:
'40-13-28. Any defendant convicted under this article shall have the right of appeal to the superior court. The provisions of Code Sections 5-3-29 and 5-3-30 shall not apply to appeals under this Code section. Otherwise, the appeal shall be entered as appeals are en tered from the probate court to the superior court, provided that the defendant shall be entitled to bail and shall be released from custody upon giving the bond as is provided for appearances in criminal cases in the courts of this state. Such bond shall have the same conditions as appearance bonds in criminal cases. The appeal to the superior court shall not be a de novo investigation before a jury but shall be on the record of the hearing as certified by the judge of that court who presided at the hearing below.'
Section 16. Code Section 44-9-59 of the Official Code of Georgia Annotated, relating to procedures for the removal of obstructions to a private way, is amended by striking in its entirety subsection (b) and inserting in its place a new subsection (b) to read as follows:
'(b) Except as otherwise provided in Article 6 of Chapter 9 of Title 15, either party who is dissatisfied with the judgment of the judge of the probate court pursuant to subsection (a) of this Code section may appeal to the superior court as a matter of right.'
Section 17. Article 8 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to personal representatives to manage assistance payments, is amended by striking in its entirety Code Section 49-4-172, relating to appeals from orders appointing or remov ing personal representatives, and inserting in its place a new Code Section 49-4-172 to read as follows:
'49-4-172. Except as otherwise provided in Article 6 of Chapter 9 of Title 15, from the order of the court appointing or removing such personal representative, an appeal may be had to the judge of the superior court, who shall hear the matter de novo without a jury.'

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Section 18. Title 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and the administration of estages, is amended by striking in its entirety subsection (a) of Code Section 53-3-22, relating to the approval of certain settlement agreements, and in serting in its place a new subsection (a) to read as follows:
'(a) Except as otherwise provided in Article 6 of Chapter 9 of Title 15, any judge of the superior courts, on appeal, on the issue of devisavit vel non (will or no will) may approve a settlement agreement between all parties, under which probate is granted or denied, provid ing for a disposition of property contrary to the terms of a will. Any settlement agreement which provides for the sustaining of the caveat or the disposition of the property contrary to the terms of the will must be approved by a judge of the superior courts after a hearing, notice of which shall be given as the court may direct, at which evidence is introduced and at which the judge finds as a matter of fact that the caveat is meritorious."
Section 19. Said title is further amended by striking in its entirety Code Section 53-323, relating to rights of executors to recover expenses if a will is refused probate, and in serting in its place a new Code Section 53-3-23 to read as follows:
'53-3-23. Those who are named as executors in purported wills of decedents shall be entitled to recover expenses from the estate of the decedent, including reasonable attorney's fees if the services of an attorney are employed for offering wills for probate in solemn or common form, even if the will is subsequently determined not to be the valid will of the testator. However, such person shall not be entitled to recover from the estate the expenses and attorney's fees incurred in the effort to sustain the will in the event of a contest unless the person proceeds in good faith. The probate court shall determine, upon the petition of a person named as executor, the amount of expenses and the amount to be paid the attorney so employed, and its order shall be subject to appeal as is provided in other cases.'
Section 20. Said title is further amended by striking in its entirety subsection (d) of Code Section 53-5-21, relating to applications for approval of conveyances or encumbrances, and inserting in its place a new subsection (d) to read as follows:
'(d) An appeal shall lie in the manner, under the restrictions, and with the effect pro vided for appeals from the judge of the probate court in other cases.'
Section 21. Said title is further amended by striking in its entirety subsection (b) of Code Section 53-7-97, relating to procedures in certain actions to compel the making of title, and inserting in its place a new subsection (b) to read as follows:
'(b) When objections in writing are filed in the office of the judge of the probate court, it shall be the duty of the judge to hear evidence as to whether or not the conditions of the bond or contract for the sale of land have been complied with by the payment of the purchase money and to grant an order requiring the title to be made or not, as he may think the principles of justice may require. Either party, if dissatisfied with the decision, may appeal upon the same terms as appeals are granted in other cases.'
Section 22. Said title is further amended by striking in its entirety Code Section 53-7187, relating to objections and appeals in intermediate final reports, and inserting in its place a new Code Section 53-7-187 to read as follows:
'53-7-187. At or before the time fixed for hearing, any parties at interest may file objec tions to the fiduciary's report, actions, and accounting, in which case the hearing on the accounting shall be automatically continued until the next regular term of the probate court, when, subject to the court's power to grant continuances, the same shall be heard as other cases pending in the court, with like right of appeal to the superior court; in such case, an appeal by consent may be taken to the superior court. Such appellate procedures shall not apply to cases provided for by Article 6 of Chapter 9 of Title 15. The parties at interest who have been regularly served as provided in subsection (c) of Code Section 53-7-184 and who have filed no objections to the report and accounting need not be served with notice of an appeal or any other or further proceedings, and their consent shall not be required for an appeal to the superior court.'

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Section 23. Said title is further amended by striking in its entirety Code Section 53-842, relating to appeals from orders regarding private conveyances of rights of way and ease ments, and inserting in its place a new Code Section 53-8-42 to read as follows:
'53-8-42. An appeal shall lie in the manner, under the restrictions, and with the effect provided for appeals from the probate court in other cases.'
Section 24. Said title is further amended by striking in its entirety Code Section 53-926, relating to the final return of conservators on the reappearance of a missing person, and inserting in its place a new Code Section 53-9-26 to read as follows:
'53-9-26. If, at any time before the missing person has been declared legally dead by a competent court in a proceeding brought for that purpose, the missing person reappears, the conservator shall thereupon and within 60 days after demand by the missing person make a final return to the judge of the probate court. Upon approval of the final return by the judge, he shall pay over and deliver all of the funds and property in his hands to the missing person. The missing person, as well as the conservator, shall have the right to appeal from any decision of the judge of the probate court approving or disapproving the final return in the manner provided by law.'
Section 25. This Act shall become effective July 1, 1986, and shall apply to all cases filed on or after such date.
Section 26. All laws and parts of laws in conflict with this Act are repealed.".

Senator Barnes of the 33rd moved that the Senate agree to the House amendment to the Senate substitute to HB 1367.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Barker Barnes Bond
owen
BrantT 46th
Brown of 47th Bryant Burton Coverdell Dawkins Deal Dean

English Engram Foster Gillis Greene
Harrison
HHoinlleoway
Horton Hudgins Huggins Kennedy Kidd Land Langford

McGill Peevy Perry Phillips Ray
Scott of 36th
SSttua"mbaugh
Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Baldwin Cobb Coleman Fincher

Garner Harris Howard

McKenzie Reddish Scott of 2nd

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 1367.

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The following resolutions of the Senate were read and adopted.
SR 539. By Senators Foster of the 50th, Burton of the 5th, Broun of the 46th and 53 others: A resolution expressing regret at the passing of Dr. Charles McDaniel.
SR 540. By Senator Starr of the 44th: A resolution commending the staff of the Legislative Budget Office.
SR 541. By Senators Barnes of the 33rd, Howard of the 42nd, Dawkins of the 45th and others: A resolution honoring and commending Honorable Richard L. Greene.
SR 542. By Senators Tate of the 38th, Walker of the 43rd, Scott of the 36th and others: A resolution commending Ella Mae Brayboy.
SR 544. By Senators Starr of the 44th, Allgood of the 22nd and Kennedy of the 4th: A resolution commending Saralyn Foster.
SR 545. By Senators Howard of the 42nd and Garner of the 30th: A resolution commending Honorable Paul Trulock.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the Senate:
SB 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.
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 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.

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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.
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.
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.
The House has adopted by the requisite constitutional majority the following resolu tions of the Senate:
SR 438. By Senators Allgood of the 22nd and Albert of the 23rd: A resolution creating the Workers' Compensation Coverage Study Committee.
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.
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.
SR 290. By Senators Foster of the 50th, Deal of the 49th and Dean of the 31st: A resolution creating the "No Pass, No Play" 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.
The House has agreed to the Senate amendments to the following bills of the House:
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

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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.
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.
The House has agreed to the Senate amendment to the following resolution of the House:
HR 718. By Representatives Bolster of the 30th, Williams of the 6th, Dover of the llth and Crosby of the 150th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide a procedure for the creation of development dis tricts for the promotion of commercial development through ad valorem tax incentives.
The House has agreed to the Senate substitute to the following bills of the House:
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 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.
HB 962. By Representatives Thomas of the 69th and Pinkston of the 100th:
A bill to amend Part 2 of Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to the privilege for and release of medical informa tion, so as to change the conditions under which medical information shall be released by physicians.
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.

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HB 264. By Representative Barnett of the 59th:
A bill to amend Chapter 10 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of fireworks, so as to permit the sale of certain types of fireworks; to provide for definitions; to provide for the licensing of manufactur ers, distributors, and retailers of fireworks; to provide for the regulation of the manufacture and sale of fireworks by the state fire marshal.
The House has adopted the report of the Committee of Conference on the following bills of the House and Senate:
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 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 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.
HB1177. 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 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.
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.
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

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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 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 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.

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 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 267. By Senators Howard of the 42nd, Fincher of the 54th and Kidd of the 25th:
A bill to amend Part 3 of Article 2 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to the regulation of pharmacists, so as to provide for license expiration and renewal and to require pharmacists to obtain continuing pharmaceutical education as a condition for renewing their pharmacist license; to provide for approved correspondence courses.

FRIDAY, MARCH 7, 1986

2281

The House has adopted the report of the Committee of Conference on the following resolutions of the House:

HR 666. By Representative Lupton of the 25th:

A resolution compensating Mr. Paul Webb, d.b.a. Kwik Kopy #206.

HR 593. By Representative Johnson of the 76th:

A resolution compensating Wyman Nail, Jr., and Rhonda Nail.

HR 689. By Representative Kingston of the 125th:

A resolution compensating Mr. M. C. Nettles.

The House has adopted the report of the 3rd Committee of Conference on the following bill of the House:

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.

The following report of the Committee on Enrolling and Journals was read by the Secretary:

Mr. President:

The Committee on Enrolling and Journals has read and examined the following Senate bills and resolutions and has instructed me to report the same back to the Senate as correct and ready for transmission to the Governor:

SB 32. SB 109. SB 120. SB 135. SB 152. SB 175. SB 186. SB 264. SB 303. SB 313. SB 338. SB 350. SB 359. SB 367. SB 373. SB 377. SB 386. SB 420. SB 464. SB 469. SB 525. SB 526. SB 527. SB 529. SB 530. SB 531. SB 547. SB 548. SB 549.

SB 556. SB 557. SB 578. SB 591. SB 592. SB 595. SB 596. SR 330. SR 339. SR 361. SB 45. SB 77. SB 290. SB 302. SB 309. SB 318. SB 344. SB 368. SB 370. SB 387. SB 392. SB 393. SB 409. SB 410. SB 416. SB 417. SB 419. SB 425. SB 428.

SB 429. SB 436. SB 437. SB 452. SB 471. SB 473. SB 477. SB 478. SB 536. SB 551. SB 562. SB 572. SR 289. SR 292. SR 436. SB 415. SB 445. SB 446. SB 474. SB 479. SB 481. SB 484. SB 486. SB 487. SB 494. SB 496. SB 520. SB 521. SB 522.

SB 523. SB 524. SB 528. SB 534. SB 587. SB 593. SB 599. SB 602. SB 50. SB 347. SB 352. SB 353. SB 369. SB 405. SB 407. SB 56. SB 267. SB 306. SB 322. SB 330. SB 406. SB 441. SB 442. SB 455. SB 456. SB 463. SB 465. SB 498. SB 499.

2282

JOURNAL OF THE SENATE

SB 500. SB 501. SB 502. SB 503. SB 504. SB 505. SB 506. SB 553. SR 334. SB 83. SB 112. SB 164. SB 292. SB 293. SB 296. SB 316. SB 317. SB 331. SB 334. SB 339. SB 346. SB 356.

SB 411. SB 412. SB 447. SB 507. SB 508. SB 509. SB 510. SB 511. SB 512. SB 513. SB 514. SB 515. SB 516. SB 518. SB 519. SB 539. SB 550. SB 583. SB 174. SB 206. SB 341. SB 348.

SB 372. SB 375. SB 376. SB 440. SB 470. SB 482. SB 490. SB 532. SB 569. SB 585. SB 600. SB 4. SB 273. SB 308. SB 312. SB 340. SB 342. SB 380. SB 384. SB 391. SB 395. SB 421.

SB 423. SB 424. SB 438. SB 443. SB 457. SB 489. SB 565. SB 571. SB 573. SB 586. SB 598. SB 311. SB 397. SB 422. SB 537. SB 552. SB 574. SB 580. SB 581. SB 597. SB 433. SB 579.

Respectfully submitted,
Is/ Ed Barker, Chairman Senator, District 18

The President announced at 6:02 o'clock P.M. that, pursuant to the provisions of HR 1001, adopted previously, the Senate would now stand adjourned sine die.

INDEX

2283

Senate Journal Index
1986 Regular Session

INDEX

2285

PART I

SENATE BILLS AND RESOLUTIONS

SB

1--Merit System; Commissioner appointed by

State Personnel Board................................. No action in 1986

SB

2--Courts; Insurance; State liability coverage,

lower courts .......................................... No action in 1986

SB

3--Municipalities; Officials; four-year terms

set by ordinances ..................................... No action in 1986

SB

4--Probate Courts; Judges;

retirement benefits ........................... 70, 119, 146, 149, 1837, 2282

SB

5--Insect Sting Emergency Treatment Act;

Enact; Human Resources Department administer ........ No action in 1986

SB

8--State Employees; Merit System Unclassified

Service; Personnel Board approve ...................... No action in 1986

SB 13--Drinking Age; Alcoholic Beverages;

sales and distribution ................................. No action in 1986

SB 18--Driving Under Influence; DUI; Military Personnel;

attendance at driver improvement clinics ................ No action in 1986

SB 20--Buildings and Housing; Handicapped accessibility

standards; requirements ............................... No action in 1986

SB 21--Minors; Handicapped; special

education services

..... No action in 1986

SB 22--Minors; Handicapped; Human Resources

Department, special services ........................... No action in 1986

SB 24--Superior Courts; Court Administrator;

employed in lieu of law clerk........................... No action in 1986

SB 28--Local Government; Debt; authorized to incur

short-term indebtedness, referendum.................... No action in 1986

SB 29--Driving Under Influence, DUI; Drug abuse

programs; temporary permits, penalties ................. No action in 1986

SB 31--Elections; Campaign financial disclosure; reports,

define certain offices................................... No action in 1986

SB 32--Respiratory Care Practices Act; Licensing .................. 990, 1047, 2281

SB 33--Driving Under Influence, DUI; Nolo contendere

plea; attorney not required............................. No action in 1986

SB 34--Elections; Voter Registration; records, location,

additional places ...................................... No action in 1986

SB 36--Driving Under Influence, DUI; Limited

driving permits; certain cases .......................... No action in 1986

SB 37--Psychologists; Assistants included in

privileged communications rule ......................... No action in 1986

SB 38--Insurance; Motor vehicle; higher coverage

upon DUI conviction .................................. No action in 1986

SB 45--Driver's License; Records; to schools on

bus drivers, Selective Service............................ 1284, 1313, 1422,

1450, 1514, 1524, 1956, 2281

SB 46--Probate Courts; Wills; Notice of probate

to all beneficiaries..................................... No action in 1986

SB 47--Driving Under Influence, DUI; Vehicle seized

on second offense; disposition .......................... No action in 1986

SB 48--Juries; Composition, procedure; superior

and state courts ...................................... No action in 1986

2286

JOURNAL OF THE SENATE

SB 49--Life Imprisonment Sentence; Parole;

eligibility limited, certain cases ..................

No action in 1986

SB 50--District Attorneys; Secretaries; credit, Employees'

Retirement System .............................

70, 119, 146, 150,

990, 1111, 2281

SB 51--Pardons and Paroles; Victim of Crime;

notified of parole of inmate ....................

No action in 1986

SB 52--Death Penalty; Sentence not imposed, capital case;

judges set minimum time to serve ...............

No action in 1986

SB 56--Local Government; Hospital authorities; property

sales, local referendum ............... 724, 834, 880, 1011, 1013, 1765, 2016,

2043, 2178, 2235, 2251, 2280, 2281

SB 58--Education; School disciplinary tribunals; change provisions ................................. No action in 1986

SB 63--Driving Under Influence, DUI; Vehicle declared

contraband; procedures, disposition

............ No action in 1986

SB 64--Insurance; Motor vehicle; repeal certain proof requirements ................................ No action in 1986

SB 65--Banking and Finance; Branch banks; authorize in metropolitan statistical areas ....................... No action in 1986

SB 66--Superior Courts; Clerks; liens, judgments, file name, social security .................................... No action in 1986

SB 67--Secretary of State; Elections; candidate qualifications,

delete duty to determine........................... No action in 1986

SB 69--Elections; Candidates; congressional, affidavit

requirements deleted ..................................... No action in 1986

SB 70--Elections; Municipal; alcoholic beverage

sales permitted ................................... No action in 1986

SB 71--Elections; Absentee ballots; hospitalized

persons ................................................ No action in 1986

SB 72--Elections; Amend various Code provisions .................. No action in 1986

SB 73--Magistrate Courts; Probate Judge; service as magistrate, salary ............................ No Senate action in 1986

SB 76--Seat Belts; Motor Vehicles; use required when moving ................................ ....... No action in 1986

SB 77--Publications; Libel actions; retractions, court procedure .............................. ......... 1194, 1241, 2281

SB 79--Minors; Sexual exploitation; reports by print medium processors ........................... ...... No action in 1986

SB 80--Education; Screening, Remedial programs; children under five years ..................... ....... No action in 1986

SB 81--Swimming Facilities; Public; lifeguards required..................................... ... No action in 1986

SB 83--Law Clerks; Superior courts; reimbursement to counties for salaries .......................

...... 1953, 1981, 2282

SB 85--Eye Banks; Conditions for eye removal,

immunity from liability ....................... ....... No action in 1986

SB 89--Traffic Offenses; Accidents; reckless driving,

duties of drivers ............................. ....... No action in 1986

SB 93--Superior Courts; Clerks; fee for transcripts ....

... No action in 1986

SB 96--License Plates; Staggered Tag Sales; authorized,

prorated fees ................................ ..... No action in 1986

SB 97--License Plates; Staggered Tag Sales; authorized,

counties over 100,000, decals .................. ....... No action in 1986

SB 98--Conservation and Natural Resources; Wood burning, controlled; prior notice ............... ...... No action in 1986

INDEX

2287

SB 99--Trucks; Load covered; requirements to prevent spillage ........................................... . No action in 1986
SB 100--Courts; Civil Practice; written notice of actions to all parties ...................................... . No action in 1986
SB 101--Courts; Civil Practice; judgment by default, provisions ......................................... . No action in 1986
SB 103--Superior Courts; Judges Retirement Fund; creditable service, 8 years to vest.................... No action in 1986
SB 104--Employees' Retirement System; Forfeited leave credit; elected officials .................................... No action in 1986
SB 105--General Assembly; Members; retirement, creditable service requirements................................ . No action in 1986
SB 106--Blind Persons; Vending facilities; operated on state property ....................................... No action in 1986
SB 107--Marietta, City of; Annexation; deannex certain property ............................................ No action in 1986
SB 109--Retirement and Pensions; Superior Court Clerks Fund; benefits, spouse provisions ...................... .70, 120, 146, 153, 595, 2281
SB 111--Nuclear Generating Plants; Public Service Commission; phase in costs ............................ . No action in 1986
SB 112--Banking and Finance; Investment Trusts; fiduciaries' authority .................................. . . . 1837, 1845, 2282
SB 117--Milledgeville, City of; City officials; dismissal provisions, terms of office ........................................ No action in 1986
SB 118--Bad Checks; No Account; notice provisions .............. . No action in 1986
SB 120--General Assembly; Legislative Retirement System; increase benefits .............................. 70, 120, 146, 154, 716, 2281
SB 122--Bail; DUI cases; delayed if faculties impaired ........... No action in 1986
SB 124--Public School Employees Retirement System; benefits ............................................. No action in 1986
SB 126--Public Service Commission; Utility rate cases; inspection of corporate books ......................... . No action in 1986
SB 128--Patients; Surgery, medical treatment; informed consent, rights ....................................... . No action in 1986
SB 132--Health; Hospitals; emergency care and costs, elderly, indigent, pregnant women ..................... . No action in 1986
SB 135--Criminal Procedure; Stolen vehicle; return to rightful owner, time limits ............................ ......... 857, 2281
SB 141--Pike County; Probate Court; judge, nonpartisan election ............................................. . No action in 1986
SB 142--Spalding County; Probate Court; judge, nonpartisan election ............................................. . No action in 1986
SB 143--Legislative Retirement System; Abolish 1986 ....... . No action in 1986
SB 144--African Development Bank; Insurers authorized to invest in securities................................. . No action in 1986
SB 145--Merit System; General Assembly review rules and regulations ...................................... . No action in 1986
SB 146--Human Body; Sale or purchase unlawful ............... . No action in 1986
SB 148--Transportation; Contracts; highway projects, bidding procedure.................................... . No action in 1986
SB 150--Annexation; Municipalities; landowners petition, change Atlanta exemption ............................ . No action in 1986
SB 151--Motorcycles; Headgear required; persons under 21 years............................................. . 143, 169, 206, 207

2288

JOURNAL OF THE SENATE

SB 152--Mental Health; Retarded persons;

emergency treatment, evaluations, habilitation ......... 16, 62, 146, 173, 187,

595, 2281

SB 153--Alcoholic Beverages and Alcoholism; Mentally ill;

repeat patients, hospitalization, treatment ............... No action in 1986

SB 161--Workers' Compensation; Insurance providers; repayment

for medical expenses .................................. No action in 1986

SB 162--Workers' Compensation; Hearings; dismissal procedures,

time for benefits payments............................. No action in 1986

SB 163--Labor and Industrial Relations; Workers' Compensation;

time for payment of benefits ........................... No action in 1986

SB 164--Courts; Foreign judgments; Uniform Enforcement

Law, enact ............................................. 1766, 1817, 2282

SB 168--Voter Registration; Post cards authorized;

counties of 500,000 .................................... No action in 1986

SB 173--Courts; Elderly person party in civil case; order

for trial may be changed

...

No action in 1986

SB 174--Retirement and Pensions; Superior Court Judges;

spouse's benefits ............................ 168, 198, 247, 248, 1900, 2282

SB 175--Muscogee County; School Board; referendum

on election ................................................... 226, 2281

SB 176--State Government; Mental Health; separate from

Retardation and Developmental Disabilities ............. No action in 1986

SB 180--Retirement and Pensions; Superior Court Judges;

spouse's benefits ...................................... No action in 1986

SB 181--Domestic Relations; Arrest powers; peace officers,

court order disobeyed ................................. No action in 1986

SB 183--Appeals and error; Superior Courts; time

and procedures for trial ............................... No action in 1986

SB 186--Superior Courts; Northeastern Judicial Circuit;

additional judgeship ...................................... 718, 1020, 2281

SB 187--MARTA; Repeal wage and benefit limits, non-union

employees ............................................ No action in 1986

SB 189--Coweta County; Probate Court; judge, nonpartisan

election .............................................. No action in 1986

SB 190--Coroners; Dead bodies; duties at scene of death,

autopsy fees .......................................... No action in 1986

SB 192--Probation; Pretrial release programs; only indigent

persons eligible ....................................... No action in 1986

SB 193--Wilkinson County; Superior Court; clerk, personnel

cost-of-living increases ................................. No action in 1986

SB 194--Wilkinson County; Sheriff; personnel, cost-of-living

increases ............................................. No action in 1986

SB 195--Wilkinson County; Tax Commissioner; personnel,

cost-of-living increases................................. No action in 1986

SB 196--Wilkinson County; Probate court; judge, personnel,

cost-of-living increases................................. No action in 1986

SB 198--Medical Assistance; Medicaid eligibility; nursing

home resident, homestead exempt ...................... No action in 1986

SB 201--Emergency Medical Services; Unpaid physician

advising ambulance; immunity from liability ........................ 16, 17

SB 203--Juvenile Justice Commission; Create to study juvenile

justice system ........................................ No action in 1986

SB 206--Employees' Retirement System; Transfers to Teachers

Retirement; limit ........................... 168, 199, 247, 250, 1900, 2282

SB 208--Property; Estates; appraisement, heir or beneficiary

offer evidence......................................... No action in 1986

INDEX

2289

SB 209--Tax Collectors, Commissioners; Ad valorem tax; payment and reports to county on collections ............ No action in 1986
SB 211--Child Support; Alimony; revision of judgment, time provisions ....................................... No action in 1986
SB 212--Criminal Trespass; Entering premises while armed; penalties ...................................... No action in 1986
SB 217--Corrections; Inmates; death without physician, GBI notified .......................................... No action in 1986
SB 222--Courts; Juvenile; state subsidy, probation workers, certain counties, Juvenile Justice Task Force ................ 364, 395, 480,
497, 527, 568, 609, 615, 621, 650, 1077, 1083
SB 223--Employees' Retirement System; County health board employees; 550,000 population, options .................. 168, 199, 247, 251,
334, 371, 376, 416, 444
SB 225--Employees' Retirement System; Unused Leave Credit; elected and classified personnel......................... No action in 1986
SB 228--Audits; Local Governments; change certain requirements ......................................... No action in 1986
SB 229--Municipalities; Annexation; change limitations, define residential property ............................. No action in 1986
SB 231--Criminal Trespass; Damage to property; definitions, penalties ........................................................ 16, 17
SB 233--Social Services; Community Care Services; agencies authorized to serve .................................... No action in 1986
SB 235--Insurance; Major medical policies; other insurers, excess payments allowed ............................... No action in 1986
SB 238--Teachers; Sick leave; accumulation provisions............ No action in 1986 SB 239--Magistrate Courts; Postjudgment discovery;
interrogatories, certain cases ........................... No action in 1986
SB 241--Child Support; Enforcement; garnishment, insurance, foster care, tax setoffs ................................. No action in 1986
SB 242--Railroads; Hauling hazardous materials; caboose required.............................................. No action in 1986
SB 247--Magistrate Courts; Default judgments; appeals procedure ............................................ No action in 1986
SB 248--Magistrate Courts; Default judgments; relief procedures ........................................... No action in 1986
SB 249--Probate Courts; Chief clerks; appointment, powers ............................................... No action in 1986
SB 258--Happy Hour; Alcoholic beverages; prohibit 2 for 1 sales, awards, contests ................................. No action in 1986
SB 261--Campaign and Financial Disclosure; Contributions; investigations, illegal use of state employees .............. 70, 120, 146, 157
SB 263--Nuclear Generating Plants; Public Service Commission; cost prudency determinations .............. No action in 1986
SB 264--Superior Courts; Piedmont Judicial Circuit; additional judge .......................................... 717, 800, 2281
SB 265--Motor Fuel Tax; Consolidated governments; levy for public facilities, referendum............................ No action in 1986
SB 266--Bad Checks; No account; notice provisions .............. No action in 1986
SB 267--Pharmacists, Pharmacies; Licensing; continuing
education requirements ...................... .......... 1766, 1907, 2039,
2142, 2242, 2248, 2280, 2281
SB 272--Glynn County; Sheriff; automobiles ............ ......... No action in 1986
SB 273--Tax Collectors, Commissioners; Tax payment
checks payable to office; exempt Fulton County. ........... 865, 1000, 1077, 1078, 1769, 2282

2290

JOURNAL OF THE SENATE

SB 275--Cobb County; Tax Commissioner; compensation ......................................... No action in 1986
SB 277--Income Tax; Depreciation allowances, property; definitions, federal income ............................. No action in 1986
SB 279--Union City, City of; Municipal Court; associate judge, appointment.......................................... No action in 1986
SB 282--Dawson County; Business license tax; impose, firms in unincorporated areas .................................. No action in 1986
SB 285--Cobb Judicial Circuit; judges; payment of retirement expenses ............................................. No action in 1986
SB 290--Soperton, City of; City Council; elections, districts .............. 1202, 1300, 1305, 1311, 1654, 1757, 2281
SB 291--Insurance; Group Health; continuation of coverage, employment terminated ............................................. 13
SB 292--Sales Representatives; Contract With Principal; termination, commission due, civil liability ................... 41, 197, 236, 296, 297, 527, 568, 608, 610, 1765, 1840, 2282
SB 293--Young Harris College; Commemorative License Plates; issuance ........................... 41, 197, 236, 296, 297, 1953, 1973, 2282
SB 294--Economic Development Advisory Board; Create; rural development projects, APDCs coordinate ...................... 30, 72
SB 295--Elections; Voting; straight political party ticket vote prohibited ..................................... 30, 70, 120, 146, 159
SB 296--Elections; Amend various Code provisions ........................ 30, 70, 120, 146, 159, 1901, 2166, 2282
SB 297--Elections; Candidates; nomination petitions, signatures required .................................. 30, 70, 120, 146, 160
SB 298--Public Service Commission; Telephones; switch-on service fees, requirements ............................................ 30
SB 299--Game and Fish; Fishing; unlawful to net fish from commercial fish farm .......................... 31, 289, 329, 371, 379, 2042
SB 300--Television; Cable System; multi-unit residents, right to service, franchise licenses......................... 31, 562, 602, 672, 674
SB 301--Health; Longterm Care Facilities; involuntary transfers, taped conversation, notice ........................................... 31
SB 302--Chiropractors; Licensing; education requirements, foreign schools .......................... 31, 167, 199, 247, 252, 2111, 2281
SB 303--Bingo Games; Limitations; assistants' salary, participation in nonprofit organizations ....................... 31, 70, 120, 146, 173, 1060, 2281
SB 304--Employees' Retirement System; State Patrol Employees; continue service after age 55 ........................ 31, 395, 473, 526, 527
SB 305--State Employees; Political Activities; participation authorized off-duty.............................. 32, 70, 120, 146, 173, 175
SB 306--Day Care Centers; Facilities for State Employees; establish pilot project, fees.................................. 32, 196, 237, 296, 298, 2042, 2204, 2281
SB 307--Bad Checks; No Account in Existence; notice provisions ......................................... 32, 393, 473, 526, 530
SB 308--Youth Development Centers; Juveniles; felons eligible for services and programs, case review at age 17 .................. 32, 196, 237, 296, 299, 1953, 2282
SB 309--Courts; Juvenile; detention hearings, deprived child petition ........................... 32, 364, 396, 480, 481, 1420, 2281
SB 310--Probate Courts; Wills; court clerk or notary public attest to records ................................... 32, 142, 169, 206, 209

INDEX

2291

SB 311--Banking and Finance; Intestate Decedent; monies deposited in decedent's name ............................... 32, 142, 169,
206, 211, 1900, 2282 SB 312--Attorneys; Law Practice Applicant; fingerprint check
for criminal convictions ................................. 33, 142, 169, 206,
211, 1952, 2282 SB 313--Judges; Civil Practice; charge to jury reduced to
writing, provisions. ...................... 33, 198, 237, 296, 301, 1764, 2281 SB 314--Courts; Jury Duty; employees penalized for absence
from work unlawful ................................ 33, 365, 396, 480, 482 SB 315--Civil Practice; Dismissal of Action; renewal,
requirements, double costs .......................... 33, 168, 199, 247, 253 SB 316--Boats; Boat Safety; unlawful operate under influence
of alcohol, drugs, blood tests .............................. 33, 60, 71, 126, 127, 990, 1847, 2282
SB 317--Community Affairs Department; Metropolitan River Protection; applications, overview of rules .................... 33, 236, 289, 334, 349, 1765, 1866, 2282
SB 318--Health; Mentally 111; alcoholics, drug dependent, treatment procedures ....................................... 34, 235, 289, 334, 350, 2043, 2205, 2281
SB 319--Professions and Businesses; Close Corporations; voting procedures, directors' duties .................. 34, 167, 199, 247, 253
SB 320--Driver's License; Renewal examination requirements ...................................... 34, 329, 366, 415, 416
SB 321--Trucks; Open Bed; persons under 16 prohibited from occupying ................................................. 34, 563
SB 322--State Employees; Law Enforcement Officers; injured on duty, salary while recuperating ........................... 34, 197, 237, 296, 302, 2042, 2111, 2281
SB 323--Death Penalty; Juvenile Capital Crimes; court jurisdiction, procedures, transfers .................... 34, 329, 366, 415, 417
SB 324--Cobb County; Marietta; deannex certain property ................................ 35, 71, 73, 74, 75
SB 325--Counties; Property Boundary Processioning; procedures, population figures .......... 35, 366, 396, 480, 483, 725, 1011, 1017
SB 326--Fair Business Practices; Meetings Selling Goods or Services; purpose must be disclosed.......................... 35, 365, 396, 480, 484
SB 327--Health; Anatomical Gifts; organ donors, hospital procedures, requirements ........................... 35, 517, 563, 609, 643
SB 328--Cobb County; Annexation Provisions; municipalities with independent school systems ............................ 35, 366, 396, 480, 484, 1421, 1450, 1697, 1699
SB 329--Polygraph Examiners; Unlawful use of psychological or voice stress evaluators ................ 35, 168, 199, 247, 256, 1954, 1974
SB 330--Banking and Finance; Currency Transactions; amount reported, check cashing businesses included ................ 36, 167, 199, 247, 257, 297, 334, 349, 1283, 2281
SB 331--Estates; Motor Vehicle Title; transfer under decedent's will, procedure ................ 36, 197, 237, 296, 304, 1765, 1851, 1955, 2282
SB 332--Crimes and Offenses; Throwing Objects at Public Events; unlawful, fines ..................................... 36, 143, 169, 206, 212
SB 333--Vital Records; Fees for Search or Copies; disposition provisions .......................................................... 36

2292

JOURNAL OF THE SENATE

SB 334--Courts; Bonds; behavior, peace, revise procedures .................. 36, 168, 200, 247, 257, 1766, 1819, 2282
SB 335--Education; County Boards; members, removal from office .................................... 36, 471, 518, 568, 609, 621
SB 336--Education; Parent Orientation Course; required for child's school admission ............................................. 36
SB 337--Ports Authority, Georgia; Property Leased, Sold, Mortgaged As Loan Security; no prior approval..................... 37, 71, 121, 146, 173, 176
SB 338--Ports Authority, Georgia; Court Actions; venue provisions ............... 37, 71, 121, 146, 173, 177, 718, 802, 2281
SB 339--Frivolous Lawsuits; Court Costs; criminal committal hearing dismissed as unfounded ................................... 37, 59, 71, 126, 130, 1465, 1857, 2282
SB 340--Magistrate Courts; Amend various Code provisions .............. 37, 328, 366, 415, 421, 1421, 1712, 1833, 1841, 2282
SB 341--Insurance; Motor Vehicle; uninsured motorists, coverage provisions.................. 37, 1068, 1135, 1311, 1315, 1900, 2282
SB 342--Probate Courts; Judges Retirement; date for certain payments to Fund ...................... 37, 168, 200, 247, 279, 1420, 2282
SB 343--Local Government; Handicapped Parking; enforcement authority ..................................... 38, 60, 71, 126, 132
SB 344--Criminal Procedure; Sodomy Offenses; bail limitations, provisions ............................ 38, 59, 71, 127, 133, 2110, 2281
SB 345--Gasoline; Service Stations; cold beer, wine sales prohibited, certain cases ................... 38, 866, 1000, 1077, 1083, 1089
SB 346--Consumers' Utility Counsel; Extend termination date to 1987 ....................... 38, 143, 169, 206, 213, 1837, 1970, 2282
SB 347--Public Officers and Employees; Oath of Office; change language, holding office of trust .................. 38, 168, 200, 247, 258, 989, 2281
SB 348--Surveyors; County Surveyors; private practice prohibited without State license ............................. 42, 197, 237, 296, 305, 1765, 1854, 2282
SB 349--Psychologists; Licensing; education requirements ....................... 42 SB 350--Fishing; Cast Nets; authorized for shad
and herring. ............................ 42, 236, 289, 334, 352, 1763, 2281 SB 351--Juvenile Proceedings; Traffic, Waterways Offenses;
jurisdiction, definitions, transfers .................... 42, 329, 366, 415, 423 SB 352--State Government; Microform Standards; State Records
Committee establish...................... 42, 197, 237, 296, 306, 989, 2281 SB 353--Calhoun County; Education Board; court orders,
continue in force.............................. 42, 71, 73, 1120, 2281 SB 354--Sunset Law; Landscape Architects Board; extend
termination to 1990 ............................. 43, 70, 121, 146, 173, 178
SB 355--Magistrate Courts; County Ordinance Violations; jurisdiction, powers.............................. 43, 867, 1001, 1077, 1094
SB 356--Alcoholic Beverages and Alcoholism; Unlawful Transportation; vehicles, seizure in any county or city .................. 43, 168, 200, 247, 259, 2276, 2282
SB 357--Teachers; Retired Teachers' Day; designate 3rd week November ................................ 43, 142, 169, 206, 214
SB 358--Criminal Procedure; Presentence Investigations; copy of report to defendant, jury strikes ........................ 43, 999, 1069, 1155, 1217, 1221
SB 359--Wayne County; Coroner; compensation ................ 43, 71, 73, 715, 2281

INDEX

2293

SB 360--Vidalia Onion Act; Regulations, definitions ....................... 43, 70, 121, 146, 173, 178
SB 361--Death Penalty; Sentence Prohibited; persons under 18 years of age .............................................. 44, 73, 196
SB 362--Crimes and Offenses; Resisting Officer With Violence; punished as felony ................................. 44, 143, 170, 206, 214
SB 363--Revenue and Taxation; Revenue Shortfall Reserve; funds held for education, QBE Act ................................... 44
SB 364--Alcoholic Beverages and Alcoholism; Beer, Wine Sales; prohibited near church, exceptions, distances ................. 44, 70, 121, 146, 173, 179
SB 365--Agriculture Commission; create, provide for studies, recommendations ................................................... 44
SB 366--Cosmetology; Sale, Use of Certain Products; limited to licensees only ............................ 44, 197, 237, 296, 307
SB 367--Milledgeville, City of; Change corporate limits .............................................. 45, 71, 74, 653, 2281
SB 368--Examining Boards, State; Powers; unlicensed persons practicing business ...................... 45, 197, 238, 296, 308, 1420, 2281
SB 369--Governmental Liability; Self-Insurance Programs; counties, cities, risk management pools....................... 57, 471, 518, 567, 569, 2041, 2144, 2281
SB 370--State Courts; Solicitors; residency requirements ...................................... 57, 142, 170, 206, 215,
1017, 1039, 1194, 2281 SB 371--Civil Practice; Frivolous Court Actions; award of
attorney's fees and expenses ......................................... 57 SB 372--Cobb County; Juvenile Court Judge;
compensation .................................... 57, 143, 145, 465, 2282 SB 373--Cobb Judicial Circuit; Judges; salary
supplement...................................... 57, 143, 145, 465, 2281 SB 374--Criminal Procedure; Presentence Investigations;
copies of reports to defendant....................... 57, 168, 200, 247, 260 SB 375--Elections; Candidates; qualifying, notice, petitions,
party nominations by convention ........................... 58, 328, 367, 415, 424, 1901, 2172, 2282
SB 376--Alcoholic Beverages and Alcoholism; Pregnancy; warning notices posted ............................ 58, 70, 121, 146, 173, 181, 1120, 2282
SB 377--Nuisances; Municipalities; power to close, repair unsafe buildings, notices ................. 58, 197, 238, 296, 310, 1764, 2281
SB 378--Estates; Investments; marital deduction trust, conversion of property.......................... 58, 472, 518, 568, 609, 614
SB 379--Hearing Aids; Exempt from sales tax ............................... 67 SB 380--Annexation; Municipalities With Independent School
Systems; definitions, revisions .............................. 67, 868, 1001, 1155, 1168, 1529, 1671, 2282
SB 381--Insurance; Health; reimbursement for registered nurse services.................................. 67, 365, 396, 480, 487, 497
SB 382--Financial Disclosure Statements; State Officials, Candidates For Office; requirements ................................. 67
SB 383--Bingo Games; Game Operations; limitation on persons assisting............................................................ 67
SB 384--Insurance; Casualty, Property Insurers; report reserves and liabilities required................................. 67, 471, 518, 568,
587, 590, 1766, 1821, 2282

2294

JOURNAL OF THE SENATE

SB 385--Civil Practice; Motions, Pleadings; attorney signature

attests good faith, sanctions ......................... 68, 197, 238, 296, 310

SB 386--Smyrna, City of; Mayor and Council;

salary ........................................... 68, 168, 171, 1060, 2281

SB 387--Dead Bodies; Disposition; notification of communicable

disease to handlers

........ 68, 167, 200, 247, 261,

1119, 1245, 2281

SB 388--Liens; Mechanics', Materialmen's; real estate,

maximum recovery amounts

68

SB 389--Driver's License; Suspended, Revoked; illegal to

drive in state ...................................... 68, 143, 170, 206, 217

SB 390--Insurance; Motor Vehicle; amend various Code

provisions, requirements

68, 126, 471, 518, 567,

577, 584, 1954, 1984, 2039, 2144, 2242

SB 391--Firemen; employment applicants, criminal

records check ...................... 114, 291, 601, 665, 732, 733, 1952, 2282

SB 392--Firemen; employment applicants, driving

record check........................... 114, 601, 665, 732, 734, 2110, 2281

SB 393--Driver's License; Identification Cards; issued in lieu

of license, minors under 21 years

115, 395, 473,

526, 532, 2041, 2281

SB 394--Buildings and Housing; Handicapped Access;

exemption provisions .......................... 115, 365, 396, 480, 497, 527

SB 395--Grandparents Rights; Adoption Proceedings;

provisions ........................ 115, 600, 665, 733, 806, 1954, 1967, 2282

SB 396--Bad Checks; Damages for Issuing; service charge,

notice required ................................... 115, 393, 473, 526, 533,

534, 550, 609, 623

SB 397--Drugs and Drug Abuse; Cocaine Mixture; illegal to

sell or possess ......................... 115, 601, 665, 733, 807, 1952, 2282

SB 398--Courts; Jury Duty; employer required to continue pay

115

SB 399--Emergency Medical Services; License Plate Fee Charged;

used to support services ........................... 116, 235, 289, 334, 353

SB 400--Emergency Medical Services; Regional Systems;

licensing of ambulances, paramedics, 911 number

116, 724, 834,

879, 890, 1953, 1969, 2041, 2178, 2242

SB 401--Children's Trust Fund; Child Abuse and Neglect

Prevention Act; enact

116

SB 402--Colleges and Universities; Military Draft; student

ineligible for state aid unless registered

116

SB 403--Professions and Businesses; Clinical Laboratory

Science Practitioners; licensure ...................................... 116

SB 404--Day Care Centers; Child Group and Family Homes; licensing

116

SB 405--Superior Courts; Clerks; change minimum annual

salary .............................. 117, 197, 238, 296, 311, 334, 371, 376,

662, 732, 797, 1466, 1499, 2281

SB 406--Administrative Procedure Act; State Agencies; rules,

general assembly override

117, 664, 725, 879,

909, 1763, 2281

SB 407--Putnam County; Chief Magistrate and Clerk;

compensation .................................... 137, 198, 202, 826, 2281

SB 408--Ad Valorem Tax; Homestead Exemptions; disabled

veterans eligibility ................................................. 137

SB 409--Hazardous Materials; Asbestos Safety Act; create

board, licensing .................................... 137, 1068, 1135, 1217,

1225, 1239, 1764, 2281

INDEX

2295

SB 410--Game and Fish; Food Fish Dealers; licensing .......................... 137, 236, 289, 334, 371, 372, 2041, 2281
SB 411--Natural Resources; Historic Preservation; powers, duties to promote ..................................... 138, 236, 290, 334, 371, 373, 472, 526, 534, 1953, 2013, 2282
SB 412--Forestry Commission; Reforestation Incentives Program; create, requirements on wood load tickets .......... 138, 289, 329,
372, 380, 1953, 2014, 2282 SB 413--Children's Trust Fund; Child Abuse and Neglect
Prevention Act; enact ............................. 138, 196, 238, 296, 312 SB 414--Insurance; Life Insurance Beneficiaries; renunciation
of succession ..................................... 138, 288, 330, 372, 381 SB 415--Gasoline; Below Cost Sales Act; civil actions,
attorney fees, damages.............. 138, 472, 518, 567, 574, 575, 1060, 2281 SB 416--Counties; Education Boards; appeal of decisions,
rights, notification ..................... 138, 471, 519, 567, 575, 1420, 2281 SB 417--Natural Resources; Traffic Regulations; enforcement
on private roads in coastal areas............................ 139, 395, 473, 526, 879, 901, 1421, 2281
SB 418--Merit System; Counseling Assistance Program; establish for state employees ....................... 139, 394, 473, 526, 536
SB 419--Sheriffs; Minimum Salaries; fees for service in other courts ....................... 139, 197, 238, 296, 314, 316, 1763, 2281
SB 420--Residential Finance Authority; Powers, Duties, Bonds, loans, amend various Code provisions .............. 139, 198, 238, 296, 334, 335, 857, 1012, 2281
SB 421--Nuisances; Wells or Holes, Abandoned; counties authorized to repair, recover costs .......................... 139, 198, 239, 297, 334, 335, 1421, 1494, 2282
SB 422--Probate Courts; Judge's Powers; relating to filling county commissioner vacancies ............................. 139, 236, 290, 334, 371, 373, 2276, 2282
SB 423--Fort Valley State College; Commemorative License Plates; issued ..................................... 140, 197, 239, 297, 334, 338, 1954, 1982, 2282
SB 424--Savannah State College; Commemorative License Plates; issued....................................... 140, 197, 239, 297, 334, 339, 1954, 1983, 2282
SB 425--Hiawassee, City of; Corporate Limits. ............. 163, 236, 241, 1192, 2281 SB 426--Grand Juries; Statewide investigative powers;
drugs and RICO Act violations .................................. 163 SB 427--Education; State Board; members, per diem
allowances........................................ 163, 662, 725, 843, 846 SB 428--Arts; Council for Arts and Humanities; redesignate as
Council for the Arts.................... 163, 328, 367, 415, 428, 1061, 2281 SB 429--State Government; Federal Grant Programs; authorize
agreements with other state to facilitate..................... 163, 663, 726, 843, 1420, 2281
SB 430--Probate Courts; Appeals, Jury Trials; revise, counties over 100,000 ....................................................... 163
SB 431--Interest; Retail Installment Sales; charges allowed on revolving accounts ........................................ 163, 331, 1006
SB 432--Credit Cards; Finance Charges; decrease maximum allowed on loan accounts ........................................... 164
SB 433--Marine, Campground Facilities; membership, cancellation rights....................... 164, 365, 396, 480, 488, 827, 2282

2296

JOURNAL OF THE SENATE

SB 434--Courts; Civil Practice; court costs, attorneys' fees provisions, limitations ............................. 164, 288, 330, 372, 382
SB 435--Ethics; Campaign Contributions; lawful use of funds, disposition upon death ............................................. 164
SB 436--Correctional Institutions; warden deputize employees, police powers .......................... 164, 365, 397, 480, 489, 1421, 2281
SB 437--Corrections; Board; members, reimbursement for travel expenses ......................... 164, 365, 397, 480, 490, 857, 2281
SB 438--Education; School Food Service Personnel; sick leave provisions ........................ 192, 471, 519, 568, 589, 1765, 1812, 2282
SB 439--Motor Vehicles and Traffic; Insurance; proof of insurance required ................................................. 192
SB 440--Insurance; Public Officers, Public Bodies; self-insurance, risk management pools ............................ 192, 471, 519, 567, 570, 2042, 2116, 2282
SB 441--Driver Training Schools; Code Cross References; DUI insurance information in courses. ........................... 192, 517, 564, 609, 633, 1529, 2281
SB 442--First Offenders; Sentence; court review defendant's eligibility.............................. 192, 394, 473, 526, 537, 1528, 2281
SB 443--Teachers; Health Insurance; local boards, contributions, coverage determination ............. ...................... 193, 724, 834, 878, 885, 1528, 2282
SB 444--Living Wills; Revocation provisions, define form....................................... 193, 394, 474, 526, 540
SB 445--Domestic Relations; Alimony, Child Support; modifications due to changed status ........................ 193, 517, 564, 671, 673, 1764, 2281
SB 446--Smyrna, City of; Downtown Development Authority; continue in force................................. 193, 236, 291, 500, 2281
SB 447--Motor Vehicles and Traffic; Insurance; police officer's coverage, multi-vehicle accidents .................... 193, 471, 519, 568, 609, 612, 1529, 1648, 2282
SB 448--Sexual Offenses; Criminal records; court clerk supply to GBI, repeal requirement ........................ 228, 394, 474, 526, 541
SB 449--Alcoholic Beverages and Alcoholism; Chatham County Sales; near church or school, population figures ................... 229, 328, 367, 415, 429
SB 450--Environmental Protection; Coastal Marshlands and Shore Assistance Acts; revise procedures, powers .................. 229, 472, 519, 568, 608, 612
SB 451--Jailers; Training; certification requirements as peace officers ..................................... 229, 395, 474, 526, 542
SB 452--Cobb County; Marietta; deannex certain city property .............................. 229, 329, 332, 1420, 1930, 2281
SB 453--Motor Vehicles and Traffic; Speed Limits; change for certain county, city roads....................... 229, 329, 367, 415, 429
SB 454--Courts; Civil Practice; no duplication of allegation ........................................ 284, 394, 474, 526, 543
SB 455--Elections; Presidential Preference Primary; held second Tuesday in March.............................. 284, 394, 474, 526, 543, 1528, 2281
SB 456--Health; Liens; hospital, nursing home care charges, change time limits ................................ 284, 663, 726, 879, 918, 1528, 2281
SB 457--Civil Practice; Judgments; change provisions for relief, setting aside ....................... 284, 1134, 1203, 1312, 1321, 1837, 2282

INDEX

2297

SB 458--Probate Courts; Appeals; revise procedures, requirements

285

SB 459--Medical Malpractice; Potential action; limitations,

appointment of guardian by probate court........................ 285, 867,

1001, 1077, 1106

SB 460--Civil Practice; Penal Inmate; filing action against

government, forms ................................ 321, 562, 602, 672, 677

SB 461--Habeas Corpus; Case Review; relief from judgment if

based on insufficient evidence .............................. 321, 562, 602,

672, 678, 1954

SB 462--Insurance; Motor Vehicle; DUI cases, no contest plea,

statement of coverage required ..................... 321, 601, 665, 732, 803

SB 463--Trucks; Wreckers, Towed Vehicles; visible lights, turn

signals required ........................ 321, 395, 474, 526, 544, 1528, 2281

SB 464--Woodstock, City of; Change corporate

boundaries ..................................... 321, 472, 478, 1283, 2281

SB 465--Social Services; Employment, Community Help Program, PEACH; AFDC recipients participate ................... 322, 517, 564, 609,

648, 672, 710, 1529, 1815, 1897, 1910, 2040, 2152, 2280, 2281

SB 466--Railroads; Crossings; relocation, prior hearing,

notice to public .................................................... 322

SB 467--Smyrna, City of; Independent School System; continue

in force ................................................... 322, 395, 398

SB 468--Criminal Procedure; Death Penalty Case; offender

under 18 years, procedure prior to sentencing................ 322, 600, 665,

879, 917, 918, 986, 1155, 1184

SB 469--Ellaville, City of; Mayor and Council; election districts,

qualifications, terms .............................. 359, 395, 478, 988, 2281

SB 470--Employment Security Law; Interest on Unpaid Taxes;

waiver provisions, report required .......................... 359, 562, 602,

672, 679, 1529, 2282

SB 471--Employment Security Law; Payment Disputes;

compromise provisions, reports ......................... 359, 562, 602, 672,

680, 1764, 2281

SB 472--Employment Security Law; Employment Records;

requirements for keeping, disclosure ................................. 359

SB 473--Employment Security Law; Security Bonds, Deposits;

nonprofit organizations ............................ 359, 562, 603, 672, 681,

1421, 2281

SB 474--Ad Valorem Tax; Driver Education Vehicle in Schools;

definitions, provisions .................. 360, 600, 665, 733, 820, 2110, 2281

SB 475--Magistrate Courts; Magistrates; private law practice

provisions ..................................... 360, 999, 1069, 1155, 1179

SB 476--Property; Dispossessory Proceedings; foreclosure sales, notice required ................................... 360, 517, 564, 609, 648

SB 477--Motorcycles; Operator Safety Training; Public Safety Board administer ...................... 360, 395, 474, 526, 545, 1120, 2281

SB 478--Education; Teachers; termination, demotion, notice

required, procedural rights ............................. 389, 662, 726, 843,

845, 1529, 1647, 1768, 2281

SB 479--Rockdale County; School Superintendent; appointment,

continue in force................................ 389, 518, 524, 1193, 2281

SB 480--State Employees; Law Enforcement Officers; minimum

salaries, certain cases ........................ 389, 662, 726, 879, 1011, 1015

SB 481--Rockdale County; Education Board; elections,

continue in force ................................ 389, 518, 525, 1193, 2281

2298

JOURNAL OF THE SENATE

SB 482--Drugs and Drug Abuse; Wholesalers, Distributors;

registration, reporting requirements

389, 724, 834,

1011, 1019, 2043, 2113, 2282

SB 483--Teachers; Certification; procedures,

testing .............................. 389, 471, 498, 567, 569, 603, 672, 682

SB 484--License Plates; Special; Macon Junior, Mercer,

Morehouse, Valdosta State Colleges

390, 562, 603,

672, 682, 1514, 1521, 2281

SB 485--Seat Belts; Motor Vehicles; requirements for

children ................................................. 390, 1202, 1295

SB 486--South Cobb County Courthouse Facilities Study

Commission; create ...

390, 518, 525, 1061, 2281

SB 487--Cobb County; Education Board; members,

compensation ................................... 390, 518, 525, 1061, 2281

SB 488--Banking and Finance; Drug Money Transactions;

unlawful, penalties ................................................. 467

SB 489--Torts; Defense of Habitation or Property; justified, no

liability, certain cases ................................. 467, 601, 666, 732,

803, 1836, 2282

SB 490--Elections; Amend various Code provisions; voter

registration, absentee ballots ........................... 467, 562, 603, 672,

684, 2042, 2198, 2282

SB 491--Counties; Health Boards; appoint, discharge district

directors .......................................................... 467

SB 492--Waterbeds; Rental Dwellings; landlord may not prohibit,

insurance may be required ......................... 467, 724, 834, 879, 889

SB 493--Glynn County; State Court; clerk, compensation

..... 504, 602, 606

SB 494--MARTA; Property Lease Income; deemed transit

operating revenue ............................... 504, 664, 669, 1120, 2281

SB 495--Ad Valorem Tax; Tax Deferral for the Elderly Act;

additional homestead tax deferral ................................... 505

SB 496--Public Service Commission; Motor Carriers; exempt from

debt approval requirements .......................... 505, 867, 1001, 1077,

1097, 1764, 2281

SB 497--Medical Examiners Board, State; reorganize, powers,

duties, disciplinary action, physicians ............................ 505, 998,

1069, 1155, 1181

SB 498--Fulton County; Landfills; certain provisions;

continue in force ................................ 505, 867, 869, 1542, 2281

SB 499--Fulton County; Civil Service System; continue

in force ........................................ 505, 867, 869, 1542, 2281

SB 500--Fulton County; Sewer, Water, Fire Prevention and

Parks Systems; continue in force ................. 505, 867, 870, 1542, 2282

SB 501--Fulton County; Atlanta Urban Enterprise Zones;

tax classification, continue in force ......................... 505, 867, 870,

1542, 2282

SB 502--Atlanta, City of; Freeport Tax Exemption; continue

in force ........................................ 506, 867, 870, 1543, 2282

SB 503--Fulton County; Detention Facilities; operation,

continue in force ................................ 506, 867, 870, 1543, 2282

SB 504--Fulton County; Service Districts; continue in force

authority to provide and assess taxes ............................ 506, 867,

871, 1543, 2282

SB 505--Fulton County; Officials; authority to appoint deputies,

continue in force ................................ 506, 867, 871, 1543, 2282

SB 506--Fulton County; Ad Valorem Taxation; county powers

and duties, continue in force ..................... 506, 867, 871, 1543, 2282

INDEX

2299

SB 507--Fulton County; Homestead Exemption; continue

in force ........................................ 506, 867, 871, 1543, 2282

SB 508--Fulton County; Recreational Programs; grants to

municipalities, continue in force

507, 867, 872, 1543, 2282

SB 509--Fulton County; Industrial District; creation and tax

exemption, continue in force ..................... 507, 867, 872, 1543, 2282

SB 510--Fulton County; Tax Commissioner; selection and deputy,

continue in force ................................ 507, 867, 872, 1544, 2282

SB 511--Fulton County; Governing Authority; continue

in force ........................................ 507, 867, 872, 1544, 2282

SB 512--Fulton County; Bond Issuance for Public Improvements;

authority, continue in force ...................... 507, 867, 873, 1544, 2282

SB 513--Fulton County; Recreational Programs; operate in certain municipality, continue in force ...................... 507, 867, 873,

1544, 2282

SB 514--Fulton County; Homestead Exemption; housing

corporation members, continue in force

508, 867,

873. 1544, 2282

SB 515--Fulton County; Funds to Support State-owned

Institutions; continue in force .................... 508, 867, 873, 1544, 2282

SB 516--Fulton County; Civil Service Merit System;

continue in force ................................ 508, 868, 873, 1544, 2282

SB 517--Atlanta, City of; Bonds, Revenue; issue for stadiums,

grandstands, continue in force....................................... 508

SB 518--Fulton County; Garbage Disposal Service and Tax

Districts; continue in force ....................... 508, 868, 874, 1545, 2282

SB 519--Fulton County; Atlanta-Fulton County Tax Assessors

Board; continue in force ......................... 508, 868, 874, 1545, 2282

SB 520--Fulton County; Ordinances in Unincorporated Areas;

continue in force ................................ 509, 868, 874, 1545, 2281

SB 521--Fulton County; Expenditures; promote tourism and

industry, authority continued in force ............................ 509, 868,

874. 1545, 2281

SB 522--Fulton County; Medical Examiner; powers and duties,

continue in force ................................ 509, 868, 875, 1545, 2281

SB 523--Fulton County; Street Improvements in unincorporated

areas; continue in force .......................... 509, 868, 875, 1545, 2281

SB 524--Fulton County; Recreational Programs; county fund for

certain cities; continue in force

509, 868, 875, 1545, 2281

SB 525--Fulton County; Taxes; collections for Atlanta,

continue in force

509, 868, 875, 1545, 2281

SB 526--Fulton County; Pension System; certain employees

participate, continue in force ..................... 509, 868, 876, 1546, 2281

SB 527--Fulton County; Retirement Benefits; increase to

certain retirees, continue in force ................. 510, 868, 876, 1546, 2281

SB 528--Fulton County; Branch Offices; commission and

education board, continue in force

510, 868, 876, 1546, 2281

SB 529--Fulton County; Business License Tax; authority to levy,

continue in force ................................ 510, 868, 876, 1546, 2281

SB 530--Atlanta, City of; Stadium Construction; contract

with Fulton County, continue in force ........................... 510, 868,

876, 1546, 2281

SB 531--Fulton County; Tax Commissioner; indemnify for

uncollected auto tags, continue in force .......................... 510, 868,

877, 1547, 1645, 2281

2300

JOURNAL OF THE SENATE

SB 532--Hospital Equipment Financing Authority; Powers; bond issues, administration.............................. 510, 724, 834, 879, 899,
1078, 1154, 1156, 2276, 2282 SB 533--Annexation; Municipalities; landowners petition,
across county lines, approval required ........................ 555, 664, 726 SB 534--Evans County; Education Board; members' expenses,
approval by superintendent ...................... 555, 664, 670, 1061, 2281 SB 535--Transportation; Swimming Pools; vehicles transporting,
annual permit required ............................................. 555 SB 536--Amusement Ride Safety Act; Definitions; Carnival Ride
Safety Act, advisory board, regulations ...................... 555, 663, 726, 878, 880, 1763, 2281
SB 537--Condominiums; Residential Sales; executed documents to buyer required .................... 555, 724, 834, 1011, 1022, 2277, 2282
SB 538--Alcoholic Beverages and Alcoholism; Consumption While Driving, Open Containers unlawful; hours of sales ...................................................... 556, 1133
SB 539--Mountain Judicial Circuit; Terms of Court; change times in certain counties................ 556, 663, 726, 843, 845, 1529, 2282
SB 540--Contracts; Arbitration Code; construction contracts, extend provisions to all contracts ................ 595, 999, 1069, 1217, 1218
SB 541--Acworth, City of; Mayor and Aldermen; compensation .............................................. 596, 664, 729
SB 542--Breast Surgery; Patient's Rights; informed consent requirements ............................................ 596, 1134, 1203
SB 543--Elections; Campaign Financial Disclosure; contributions, expenditures under $101, reports .................................... 596
SB 544--Peace Officers; Standards and Training Council; Incentive Pay Plan for peace officers............................ 655, 1135, 1203, 1312, 1322
SB 545--Trucks; Weight Limitations; turning-support axles, definitions, provisions .............................................. 655
SB 546--Human Resources; Juvenile Delinquency Prevention Committee; community alternatives to detention ...................... 655
SB 547--Cobb County; Alcoholic Beverage Tax; revenue to schools, continue in force ................................ 656, 833, 839, 1546, 2281
SB 548--Cobb County; Education Board authority; continue in force ........................................ 656, 833, 840, 1546, 2281
SB 549--Cobb County; Education Board; legislation enacted without referendum, continue in force....................... 656, 833, 840, 1546, 2281
SB 550--Cobb County; State Court; clerk and chief deputy clerk, compensation ........................ 656, 833, 840, 1286, 1869, 2282
SB 551--Driver's License; Suspension; reinstated after fine and fee payment, certain cases ................................ 718, 867, 1001, 1077, 1092, 1764, 2281
SB 552--Bail; Traffic Violations; license deposited as bail, reinstated if fine and fee paid ........................ 718, 867, 1001, 1077, 1093, 2277, 2282
SB 553--Insurance; Rates, Rating Plans; deemed violations, provide premium refunds, apportioning risks ................... 718, 1068, 1136, 1217, 1240, 2041, 2115, 2282
SB 554--Smoke Detectors; Required; new residential construction............... 828 SB 555--Workers' Compensation; Newspaper Distributors;
exclude from coverage .............................................. 828 SB 556--Cobb County; State Court; abolish second division and
associate judgeship ............................ 828, 1000, 1007, 1547, 2281

INDEX

2301

SB 557--Marietta, City of; Utilities; operation and financing, continue in force.............................. 828, 1000, 1007, 1547, 2281
SB 558--Buildings and Housing; Housing, Low Cost; multifamily units, eligibility for designation ...................................... 829
SB 559--Charitable Organizations; Prize Giveaways; exempt from lottery prohibitions, certain cases ..................... 829, 1133, 1203
SB 560--Morris Brown College; License Plates; issuance ....................... 829
SB 561--Superior Courts; Judges; secretaries, salary scale .................................... 829, 999, 1070, 1155, 1167
SB 562--Transportation; Pilots Flying State Aircraft; employment discontinued at 65 years of age ................. 829, 1000, 1070, 1155, 1173, 1764, 2281
SB 563--Transportation Projects; plans and public hearings held simultaneously ........................... 829, 1000, 1070, 1155, 1175
SB 564--Transportation; Tollway Authority Law; self-liquidating projects, add federal funds ..................... 829, 1000, 1070, 1155, 1178
SB 565--Bail Bondsmen; judges, attorneys, peace officers, prohibited from business................................. 858, 1134, 1204, 1312, 1323, 1836, 2282
SB 566--Bacon County; Sheriffs Office; compensation, deputies, auto, expenses ........................................... 858, 1069, 1075
SB 567--Telfair County; Officials; more than two terms prohibited, continue in force .............................. 858, 1069, 1075
SB 568--Telfair County; Officials; ineligible to serve, certain cases, continue in force ................................... 858, 1069, 1075
SB 569--Cherokee County; Water, Sewerage Authority; contracts, provide street lights ........................... 858, 1069, 1075, 1902, 1915, 2282
SB 570--Consumer Protection; Attorneys; advertising contingency cases, disclose payments required ........................ 859, 999, 1070, 1155, 1172
SB 571--Clayton, City of; Homestead Exemption; certain elderly residents ....................... 859, 1069, 1076, 1547, 2282
SB 572--Dawson County; Homestead Exemption; certain low-income residents .......................... 859, 1069, 1076, 1420, 2281
SB 573--Jasper County; Business License Tax; firms in unincorporated areas .......................... 992, 1135, 1139, 1901, 2282
SB 574--Jasper County; Commissioners; change compensation ................................. 992, 1135, 1139, 1901, 2282
SB 575--Health; Blood Donors; patient may provide, scheduled surgery or treatment ..................................... 992, 1293, 1359
SB 576--Coroners; Duties; probate judge designate peace officer to perform, certain cases....................... 992, 1134, 1204, 1312, 1323
SB 577--Cobb County; Sheriff; chief deputy, chief investigator, compensation ............................................ 992, 1135, 1139
SB 578--Cobb County; Probate Court; compensation of judge and clerk..................................... 992, 1135, 1140, 1547, 2281
SB 579--Financing and Investment Commission; Debt Service Appropriation; capital outlay, bond sales, invest proceeds ............... 993, 1133, 1204, 1312, 1315, 2235, 2253, 2282
SB 580--Residential Finance Authority; Mortgage Subsidy Bond Tax Act; provide repeal after federal action .................... 993, 1133, 1204, 1312, 1316, 2277, 2282
SB 581--Spalding County; Homestead Exemption; certain elderly residents, referendum.................. 1061, 1358, 1362, 1901, 2282
SB 582--Education; County Boards; payroll deductions authorized, certain cases ........................................... 1061

2302

JOURNAL OF THE SENATE

SB 583--Municipalities; Atlanta; redevelopment areas,

contracts ............................... 1062, 1202, 1209, 1902, 1916, 2282

SB 584--Employment Security Law; Public Opinion Interviewer;

part-time students, ineligible ....................................... 1062

SB 585--Atlanta, City of; Atlanta, Fulton, DeKalb County; contracts,

hospital authorities, continue

1062, 1435, 1439, 1901, 2282

SB 586--Atlanta, City of; Atlanta, Fulton, DeKalb County;

stadium bond issue, continue in force

1062, 1435,

1439, 1901, 2282

SB 587--Tybee Island, City of; City Council; powers, impose

parking fees ...................... 1062, 1435, 1440, 1447, 1449, 1769, 2281

SB 588--Gasoline; Self Service Stations; attendant required to

aid handicapped

1063

SB 589--Courts; Privileged Communication of Witnesses;

include clergy counseling

1123

SB 590--Firearms; Trial Judges; carry concealed weapon

without license ................................................... 1123

SB 591--Pike County; Recreational Authority; create, powers

and duties................................... 1123, 1358, 1362, 1769, 2281

SB 592--Acworth, City of; Mayor and Aldermen; election

procedures

1123, 1294, 1300, 1309, 1311, 1654, 2281

SB 593--LaGrange, City of; Downtown Development Authority;

change limits of district

1195, 1358, 1362, 1769, 2281

SB 594--Trucks; Oversize Vehicles; use interstates on return

trip, certain cases ................................................. 1195

SB 595--Wilkes County; Education Board; composition,

election districts

1195, 1358, 1362, 1769, 2281

SB 596--Decatur County; Education Board; elections,

vacancies, appoint school superintendent

1195, 1358,

1362, 1365, 1367, 1654, 1718, 2281

SB 597--Wayne County; Tax Commissioner; compensation, license

tag provisions................................ 1195, 1358, 1363, 1901, 2282

SB 598--Polk County; Tax Commissioner;

compensation ................................ 1195, 1358, 1363, 1654, 2282

SB 599--DeKalb County; Chief Executive, Commissioners; powers,

duties relating to state laws ............................. 1286, 1435, 1440,

1770, 2281

SB 600--Charlton County; Tax Commissioner;

compensation ................................ 1431, 1533, 1552, 2040, 2282

SB 601--Municipalities; Fulton County Community

Improvement Districts; create certain areas, powers

1431,

1533, 1552, 1558, 1577

SB 602--Cobb County; Tax Commissioner; compensation of

chief clerk............ ...................... 1431, 1533, 1552, 2040, 2281

SB 603--Putnam County; Education Board; compensation,

provide office of vice chairman ........................... 1547, 1773, 1782

INDEX

2303

SENATE RESOLUTIONS

SR

5--General Assembly; Members; elected for four-year

term ................................................. No action in 1986

SR

8--Mental Health; Facilities Staffing Study Committee,

joint; create .......................................... No action in 1986

SR 10--Property Conveyances; Milledgeville, City of............. No action in 1986

SR 12--Local Government; Debt; counties, cities, incur limited

short-term debt, certain cases .......................... No action in 1986

SR 13--Public Officers and Employees; Elected; removal, suspension

from office upon federal indictment..................... No action in 1986

SR 14--Constitutional Amendments; U.S.; urge ratify 1789

proposal, congressional salaries ......................... No action in 1986

SR 22--Victims of Crime; Parole supervision fees;

used to assist.................................. No Senate action in 1986

SR 25--Local Government; Sales tax; local option to finance

public facilities ....................................... No action in 1986

SR 26--Constitutional Amendments; Pardons and Paroles

Board; limited parole powers ........................... No action in 1986

SR 29--Urban County and Municipal Study Committee;

create ................................................ No action in 1986

SR 30--Public Initiative; Statutes; constitutional amendments

enacted by people..................................... No action in 1986

SR 31--Transportation; Designate Antebellum Trail; via Athens,

Milledgeville and Macon ............................... No action in 1986

SR 37--Education; County boards; members elected,

superintendents appointed by boards ................. No action in 1986

SR 39--Congress, U.S.; Candidates; not required to be

registered voter ............................... 197, 239, 297, 334, 339, 355

SR 42--General Assembly; Appropriations; excess funds

received, disposition ................................... No action in 1986

SR 46--Legislative Overview; General Assembly; veto of

proposed State agency rules............................ No action in 1986

SR 83--Pardons and Paroles; Life sentence, murder conviction,

parole prohibitions .................................... No action in 1986

SR 92--Local Government; Bonds; issued to finance certain

public facilities ..................................... No action in 1986

SR 93--Telephones, Telegraph Service; Local telephone

companies; urged to be competitive ..................... No action in 1986

SR 96--Milledgeville, City of; Property conveyance .............. No action in 1986

SR 117--Railroads; Seaboard System; proposed closing in

Ocilla, express objection ............................... No action in 1986

SR 123--Appropriations and Fiscal Affairs; Supplementary bills

prohibited except in emergency. ........................ No action in 1986

SR 150--Railroads; Rail Line Abandonments Study Committee;

create........................................................... 16, 17

SR 151--Railroads; L&N Railroad Atlanta to Chattanooga Lease

Study Committee ............................................... 16, 17

SR 158--War Veterans Home; urge Governor budget funds for new

wing ................................................. No action in 1986

SR 165--Controlled Substances; Drug Classification Study

Committee; nonprescription drugs ................................. 16, 18

SR 174--Peace Officers; Annuity and Benefit Fund Study

Committee; create............................... 16, 18, 1772, 1997, 2005

SR 182--Elections; Judges; nonpartisan election, delete

requirement .......................................... No action in 1986

2304

JOURNAL OF THE SENATE

SR 196--Transportation; Fire hydrants; marking system on public roads .......................................... No action in 1986
SR 197--Eyeglasses; Medicaid services; urge return to use of in-state providers ..................................... No action in 1986
SR 220--Education; School Lunch Program; oppose elimination of federal support..................................... No action in 1986
SR 234--Medical Assistance; Medicare and Medicaid Providers; recognize ............................................. No action in 1986
SR 275--Senate; Rules; adopt ................................................ 13 SR 276--Senate; Senate Convened; notify House ............................... 13 SR 277--Bacon, J. 0.; condolences ............................................ 15 SR 278--Public Service Commission; Plant Vogtle Nuclear
Plant; recommend study phase-in costs .............. 38, 472, 519, 567, 584 SR 279--Edmonson, Steve; DOT employee, commend........................... 39 SR 280--Griffin High School Thespian Troupe; commend .................. 39, 1085 SR 281--Handicapped Persons; Preschool Children; urge
development programs ........... 38, 196, 239, 297, 334, 341, 1530, 1659 SR 282--Hussars of Savannah; commend ...................................... 40 SR 283--Congress, U.S.; Constitutional Amendment; urge line
item veto, require balanced budget ............... 39, 70, 121, 146, 173, 183, 206, 221
SR 284--King, Don; boxing promoter, commend................................ 40 SR 285--Income Tax; State and Federal Returns; request Revenue
Commissioner coordinate ........................... 39, 167, 200, 247, 262 SR 286--Mathis, Philip Bruce; police officer, condolences ............... 40, 113 SR 287--Coggin, J. Milton; commend ......................................... 40 SR 288--Victims of Crime; Compensation; authorize funding,
criminal penalty assessments .................... 45, 197, 239, 297, 334, 342 SR 289--Property Conveyances; Cave Spring; School for
the Deaf, to city ......................... 45, 143, 170, 206, 217, 655, 2281 SR 290--Education; No Pass, No Play Study Committee;
joint, create .................................. 45, 142, 170, 206, 219, 2277 SR 291--Small Businesses in Georgia Study Committee;
create ............................................ 45, 328, 367, 415, 431 SR 292--Chambers, R.E., Memorial Bridge; designate,
Chatsworth ....................... 45, 71, 121, 146, 173, 184, 1953, 2281 SR 293--Sutter, Dr. Luther Oneal; commend................................... 47 SR 294--Railroads; Seaboard System; protest closing, Lynn-Cuthbert
segment ..................................... 45, 71, 121, 146, 173, 184 SR 295--Owens, Jamie; National 4-H Championship, commend .................. 47 SR 296--Glass, Tina; National 4-H Championship, commend .................... 47 SR 297--Scott, Amy; National 4-H Championship, commend .................... 47 SR 298--Tillman, Mark; National 4-H Championship, commend ................. 47 SR 299--Williford, Julie; National 4-H Championship, commend................. 47 SR 300--Thomas, Lynda; National 4-H Championship, commend ................ 47 SR 301--Thomas, Christa; National 4-H Championship, commend ............... 47 SR 302--Perry, Kevin; National 4-H Championship, commend ................... 47 SR 303--Gabriel, Bryan; National 4-H Championship, commend ................. 47 SR 304--Wilson, Lisa; National 4-H Championship, commend ................... 47 SR 305--King, Steven; National 4-H Championship, commend................... 47 SR 306--Chow, Sonjia; National 4-H Championship, commend .................. 47 SR 307--Vandiver, Tommy; National 4-H Championship, commend .............. 48 SR 308--Brantley, Richard; National 4-H Championship, commend .............. 48 SR 309--Fields, Laura; National 4-H Championship, commend .................. 48 SR 310--Dasher, Scott; National 4-H Championship, commend .................. 48 SR 311--Chancey, Bert; National 4-H Championship, commend ................. 48 SR 312--Elliott, Bill; race car driver, congratulate .............................. 48

INDEX

2305

SR 313--Albany Junior College; commend ................................. 61, 113 SR 314--Insurance; Private Long-term Health Care; study
committee, create .............................. 69, 1772, 1774, 1998, 2005 SR 315--Mayors' Day; January 20, 1986 ....................................... 73 SR 316--Emergency Medical Services; Study Committee; joint, create ........... 117 SR 317--Human Resources; Emergency Medical Services; counties,
assess license fees, CA ............................. 117, 365, 397, 480, 491,
492, 499, 567, 576 SR 318--Lott, Lyn; professional golfer, commend .............................. 125 SR 319--Congress, U.S.; Block Grants; Headstart, Low-Income
Energy Assistance; urge funding ............................ 117, 198, 239, 297 334 343
SR 320--Children's Trust Fund; Child Abuse Prevention, CA ..............'....' 117 SR 321--Raglin, Reverend M.L.; honoring .................................... 126 SR 322--Property Conveyances; Emanuel County; Forestry
Commission regional office ................ 117, 143, 170, 206, 219, 341, 353 SR 323--Counties; Law Enforcement Officer Training, Salary;
revenue sharing, study committee ........................ 118, 1772, 1774, 1998, 2006
SR 324--Law Enforcement Officers and Agencies; Salaries, Training; revenue sharing funds, study committee, joint ............... 118, 563, 603, 672, 685
SR 325--Jones, Andrew D. "Bevo"; probation officer, honoring ................. 126 SR 326--Georgia Southern College; Eagles Football Team; commend ........... 126 SR 327--Georgia Southern College; Russell, Erk; commend ..................... 126 SR 328--Calhoun County High School Baseball Team; commend ............... 125 SR 329--Overby, Hugh 0., Jr., Honorable; condolences ........................ 126 SR 330--Children's Trust Fund; Child Abuse and Neglect
Prevention Programs; provide, CA ............................... 140, 196, 239, 297, 334, 344, 1530, 1586, 2281
SR 331--Sullivan, Dr. Louis W.; Morehouse, commend......................... 144 SR 332--Firearms; Gun Owners Protection; federal, commend
Georgia Delegation ............................ 165, 236, 290, 334, 371, 374 SR 333--Turner, Senator Loyce W.; recognize ................................. 144 SR 334--Black on Black Crime Commission;
create ................................. 165, 328, 367, 415, 452, 2277, 2282 SR 335--Berrier, Chuck; Criminal Justice Council, condolences ............. 171, 370 SR 336--Challenger Astronauts; condolences .................................. 171 SR 337--Law Enforcement Officers and Agencies; Appreciation
Day; Monday, February 10, 1986, recognize ........................... 171 SR 338--Committees, Study; Governmental Liability Commission;
re-create, joint.................................... 193, 328, 367, 415, 432 SR 339--Smith, Dr. W.K., Highway; designate,
Bryan County ......................... 194, 329, 367, 415, 432, 1765, 2281 SR 340--Transportation; Fuel Economy Standards; urge NHTSA
amend mpg level............................. 194, 329, 367, 415, 433, 2277 SR 341--Farms; Industrial Development Bonds; foreign
investors, urge disapprove...................... 194, 291, 327, 368, 415, 434 SR 342--Georgia Southern College; Eagles Football Team;
commend...................................................... 202, 847 SR 343--Moore, Catherine A.; commend ......................................202 SR 344--Death Penalty; Appeals and Motions; to federal court,
urge require time limit ............................ 229, 328, 368, 415, 434 SR 345--Bullard, Edna; congratulate ......................................... 241 SR 346--Judges; Federal; urge election, 'Missouri Plan',
joint ............................................. 229, 289, 330, 372, 383 SR 347--Robertson, Paul B.; commend ....................................... 241

2306

JOURNAL OF THE SENATE

SR 348--Henderson, Billy; Clarke Central coach, commend ................. 331, 454

SR 349--Clarke Central High School Football Team; commend ............. 331, 454

SR 350--University of Georgia; Athletic All-American Women;

commend. ......................................................... 331

SR 351--University of Georgia; Golf Team, Lady Bulldog; commend ............ 331

SR 352--University of Georgia; Volleyball Team, Lady Bulldog;

commend. ......................................................... 331

SR 353--University of Georgia; Basketball Team, Lady Bulldog;

commend ......................................................... 331

SR 354--Binder, Richard; commend ............................... ........... 306

SR 355--Cobb County; Community School Program; commend ................. 331

SR 356--University System; Laboratory, Rehabilitation

Technology, Scholars Study Committee; create........................ 322,

1772, 1774, 1998, 2007

SR 357--Property Conveyances; Milledgeville; First

Presbyterian Church lease ......................... 390, 472, 519, 568, 586

SR 358--Local Government; Eminent Domain; property

condemnation, boundary limits, CA ................. 390, 562, 603, 672, 686

SR 359--Barbecue Champion; Slosheye Trail Big Pig Jig, commend ............. 415

SR 360--West Georgia Rapid Transit Study

Committee .............................. 467, 1000, 1070, 1155, 1217, 1221

SR 361--Central State Hospital; Culver Kidd Medical, Surgical

Building; Joe Wood Veterans Home; designate............... 467, 724, 835,

879 898 1285 1317 2281

SR 362--Mitchell, Henry; 1985 GOAL Award, congratulate ....'....'.....!.. 478, 801

SR 363--Sullivan, John; commend .......................................... .478

SR 364--Callahan, Bill; commend ........................ 478

SR 365--Law Enforcement Officers and Agencies; Salary

Incentive Study Committee; recreate................ 511, 601, 666, 733, 817

SR 366--Retirement and Pension Boards; consolidation study

committee, joint ................................................... 511

SR 367--Education; College Athletics; urge regents establish

NCAA 5-year curriculum .......................... 511, 663, 727, 879, 887

SR 368--Georgia Military College; commend ............... 524

SR 369--Nething, David E.; commend ........................................ 531

SR 370--Georgia Recreation and Park Society; commend ...................... 584

SR 371--Fowler, Robert R.; condolences ................. 524

SR 372--Bacon, Arthur T.; condolences ................................. ..... 524

SR 373--Chatham, J. Howard; commend

................... 524

SR 374--Langley, Sharon; Peach Bowl Queen, commend ....................... 524

SR 375--Education; Public School Employees; retired, health

insurance plan, CA ............................. 556, 998, 1070, 1217, 1224

SR 376--Constitutional Amendments; U.S.; urge voluntary silent

prayer in public schools, joint .............. 556, 998, 1070, 1154, 1164, 2277

SR 377--General Assembly; Legislative Institution Study

Commission; create, joint .......................... 556, 662, 727, 843, 844

SR 378--Farm Bureau Day; proclaim February 20, 1986 ....................... 565

SR 379--Lincoln County High School Football Team; commend ................ 586

SR 380--Campbell, Larry; commend ......................................... 586

SR 381--Hunnicutt, William Oliver; commend ........................... 565, 1006

SR 382--Medical Malpractice; Urge State Board Investigate;

discipline physicians............................ 596, 998, 1071, 1155, 1166

SR 383--Berry, Irene; commend ....................... 577

SR 384--Baha'i Religious Faith; recognize .................... 606

SR 385--PTA Day in Georgia; designate February 18, 1986 .................... 606

SR 386--Baranco, Gregory T.; Auto Dealer, commend ......................... 606

SR 387--Girl Scout Gold Award Recipients; commend ......................... 606

INDEX

2307

SR 388--Federal Government; Urge Commemorative Stamp; Jon

Toorchen's "Courthouse Museum in Cleveland"

656,

1772, 1774

SR 389--Education; Developmental Studies Study Committee;

college preparation, joint ....................... 657, 998, 1071, 1155, 1174

SR 390--Agriculture; Soil and Water Conservation District

Supervisors; commend ......................................... 669, 1023

SR 391--Health; Cancer Control Month in Georgia; April, 1986,

commend..................................................... 669, 1375

SR 392--Republican National Convention; urge Atlanta 1988 site

669

SR 393--Manley, Taylor Buttrill; condolences ................................. 669

SR 394--Health; Hospital Costs and Indigent Care;

study committee, create ................... 719, 999, 1071, 1155, 1997, 2002

SR 395--Wesleyan College; honoring 150th anniversary

669

SR 396--Boats; Operators Licensing Study Committee;

create ......................................... 719, 867, 1001, 1077, 1107

SR 397--Peters, Phil; GBI Director; condolences

729

SR 398--Judges; Appellate, Supreme, Superior Courts; Governor

appoint, elected after first term

719, 1134, 1204, 1312, 1324

SR 399--Gordon, Joseph M.; State Patrol Trooper, commend................... 729

SR 400--Augusta Area Technical School; commend ............................ 729

SR 401--McNeill, Dr. A. A.; 1985 Family Physician, commend.................. 729

SR 402--Agriculture; Commission; urge Governor appoint to

study problems

830, 998, 1071, 1155, 1217, 1220

SR 403--Bicentennial of U.S. Constitution Celebration

Commission; Create, joint................................. 830, 1135, 1204

SR 404--Plunkett, Ava Frances Sewell; condolences ........................... 839

SR 405--Employment; Job Training; federal program, urge

change eligibility requirements ............................ 830, 1772, 1774

SR 406--Georgia Institute of Technology; Baseball Team; 1985

ACC Conference Championship, commend............................ 839

SR 407--Georgia Institute of Technology; Football Team and

Coach Bill Curry; commend ......................................... 839

SR 408--Georgia Institute of Technology; Basketball Team

and Coach Bobby Cremins; commend ................................ 839

SR 409--Georgia Institute of Technology; Golf Team and

Coach Puggy Blackmon; commend ................................... 839

SR 410--Salter, Reverend Isaac Franklin; commend

.... 839

SR 411--Committees, Study; Age of Criminal Responsibility;

juveniles, capital felony offenses

859, 1134, 1204, 1312, 1325

SR 412--Crumbley, Alex; commend

869

SR 413--Coile, Lauren M.; GMA President, commend .................... 869, 1377

SR 414--Arts; Georgia Citizens for the Arts; commend ........................ 1006

SR 415--Human Resources; Alzheimer's Disease Study

Committee; commend findings

... 1005

SR 416--Health; Infantile Autism Syndrome; urge adopt uniform

diagnostic criteria

993, 1293, 1359, 1455, 1515

SR 417--Evans, Lewis B.; GBI officer, commend

.869

SR 418--Collins, William C.; commend

.869

SR 419--Hampton, William Charles; commend ............................... 1005

SR 420--Anderson, Paul; Youth Home of Vidalia, commend ................... 1005

SR 421--Medical Practice; Medical Profession; committee to

study separate regulatory board ................ 993, 1293, 1359, 1997, 2003

SR 422--School Buses; Seat Belt Study Committee;

create

993, 1357, 1436, 1997, 2004

SR 423--Hunting; Safety Course Study

Committee

993, 1068, 1136, 1217, 1243

2308

JOURNAL OF THE SENATE

SR 424--Youth Art Month; March, 1986 .................................... 1005

SR 425--Hays, Robert W.; Southern Tech, commend ......................... 1005

SR 426--Poole, Joe Lemuel; condolences..................................... 1006

SR 427--Debt; State Debt Sinking Fund; investments allowed,

create Construction Fund

993, 1133, 1204, 1312, 1319

SR 428--Mitchem, Hinton; commend........................................ 1075

SR 429--Washington-Wilkes High Football Team; commend................... 1006

SR 430--Brooks, Marion; commend ......................................... 1006

SR 431--Clayton County PTA Council; commend

1006

SR 432--Sutherland, J. E.; poultry producer, commend ....................... 1006

SR 433--Textile Apparel Industry; Grafted With Pride in USA

Logo; encourage use ............................................... 1006

SR 434--Edwards, Jack; Metro Atlanta Youth Clubs, condolences.............. 1006

SR 435--Trucks; Weight Limits; axle equipment, study committee,

create ............................................................ 1063

SR 436--Beasley, John C., Bridge; designate over Altamaha

River ............................ 1063, 1135, 1205, 1311, 1314, 1765, 2281

SR 437--Greater Mt. Calvary Baptist Church; commend ...................... 1075

SR 438--Workers' Compensation; Independent Contractors; study

committee, create, joint.................. 1063, 1135, 1205, 1312, 1326, 2277

SR 439--Little, Andrea T.; commend ........................................ 1075

SR 440--Goare, George Edward; condolences ................................. 1139

SR 441--Blind Persons; Training in State Facilities

Study Committee; create ..................... 1124, 1772, 1774, 1998, 2007

SR 442--Ware County; Commissioners; law enforcement,

emergency services, commend ...................................... 1139

SR 443--Welch, Lewis A.; commend ........................................ 1091

SR 444--Trammel!, Lindward; commend .................................... 1091

SR 445--Stewart, James H.; commend....................................... 1093

SR 446--Workers' Compensation; Study Committee; create .................... 1124

SR 447--Cobb County; Local Governments Study Commission;

create ............................ 1124, 1202, 1295, 1454, 1500, 2165, 2238

SR 448--Academic Decathlon Team; commend ............................... 1207

SR 449--Hitt, Marion; commend............................................ 1139

SR 450--Epps, Leonidas S.; Clark College, commend .................... 1139, 1837

SR 451--Wigginton, Eliot; Foxfire Incorporated, commend .................... 1139

SR 452--Zimmerman, Ken; U.S. Jaycees President, commend ................. 1188

SR 453--Local Public Safety Officers; compensation, study

committee, create ............................ 1195, 1772, 1775, 1998, 2008

SR 454--Hutcheson, Lamar; commend ...................................... 1207

SR 455--Georgia Association of Educators; commend ......................... 1207

SR 456--County Welfare Association, Georgia; commend ...................... 1207

SR 457--Women's Clubs, Georgia Federation; commend....................... 1207

SR 458--Pagan, Steve; commend............................................ 1207

SR 459--Fuller, Edgar J., Jr.; commend ..................................... 1207

SR 460--University of Georgia; Cheerleaders; commend ....................... 1239

SR 461--Smith, Malcolm; commend .................................... 1207, 1278

SR 462--Congress, U.S.; Constitutional Convention; call to urge

deduction on bond interest, state taxes.................... 1286, 1772, 1775

SR 463--Head Injury Treatment, Rehabilitation Study Committee;

create....................................... 1286, 1772, 1775, 1998, 2009

SR 464--Gault, Willie; Chicago Bears Football, commend ..................... 1208

SR 465--Congress, U.S.; Timber Products; urge limit foreign

imports, Canadian ...................................... 1286, 1772, 1775

SR 466--Goodroe, Richard Thomas, Sr.; condolences.......................... 1299

SR 467--Forest Park Senior High School Baseball Team; commend ............ 1239

INDEX

2309

SR 468--Louisville, City of; Bicentennial Celebration ....................................... 1286, 1772, 1775, 1999
SR 469--Miller, Lieutenant Governor Zell; commend ......................... 1257 SR 470--Farmer's Market, Ellijay; Apple Cooler; urge
extend repayment state funds ................. 1286, 1772, 1775, 1998, 2012 SR 471--Muse, Billy, Reverend; Dalton, commend ............................ 1299 SR 472--Dental Laboratories; commercial, licensure, study
committee ................................... 1357, 1772, 1775, 1998, 2009 SR 473--Moss, Jack; Meldrim civic leader, condolences ....................... 1299 SR 474--Posey, Pat; State Patrol Trooper, commend ......................... 1299 SR 475--Opie, Brenda G.; 1986 Teacher of the Year, commend ................ 1300 SR 476--Wilcox County High School Patriots; commend ...................... 1367 SR 477--Quigg, Annie Mae; congratulate 90th birthday ....................... 1361 SR 478--Douglas County High School DECA Program; commend .............. 1361 SR 479--Copeland, J. Paul; DeKalb County educator, commend ............... 1362 SR 480--Transportation; Highways, Developmental; committee to study,
create ....................................... 1357, 1772, 1775, 1998, 2010 SR 481--St. Joseph Hospital, Augusta; Sisters of Carondelet .................. 1362 SR 482--Kahn, Roger F.; American Jewish Award, commend .................. 1493 SR 483--Tallapoosa Garden Club; commend ................................. 1438 SR 484--Kidd, Culver, Medical and Surgical Building; Commend
designation in honor .............................................. 1438 SR 485--Neighborhood Union Health Center; commend....................... 1438 SR 486--Extra Point Club Youth Activities; commend ........................ 1438
SR 487--Drugs and Drug Abuse; Sample Drugs; illegal diversion, study committee, create ........................................... 1431
SR 488--Price, Reverend Nelson L.; commend ............................... 1439 SR 489--Adams, Wilburn M.; commend ..................................... 1540 SR 490--Historic Preservation; Business Districts; economic
impact, study committee, create ............... 1530, 1772, 1775, 1998, 2011 SR 491--Maddox, Lester G.; portrait in capitol building ................. 1552, 1836 SR 492--Evans County; Wildlife Club, Rattlesnake Roundup;
commend. ........................................................ 1552 SR 493--Persons, Mary, High School Debate Team; commend ............ 1780, 1845 SR 494--Israel, State of; duty-free trade legislation ........................... 1780 SR 495--Thompson, Larry; former U.S. Attorney, commend ................... 1780 SR 496--Walker, Alice; author, "The Color Purple", commend................ 1780 SR 497--General Assembly; Adjournment; March 3
to March 6 ............................................. 1691, 1728, 1762 SR 498--Kidd, Dottie Baldassaro; commend ................................. 1701 SR 499--Vickers, Conway; condolences ...................................... 1781 SR 500--Wren, Jimmy and Bonnie; congratulate ............................. 1781 SR 501--McClelland, Ruth H., commend .................................... 1781 SR 502--Coca-Cola Company, 150th Anniversary; commemorate ............... 1781 SR 503--Shaheen Shaheen; World Carpets, Inc., commend .................... 1781 SR 504--Leavy, Carl F.; commend .......................................... 1781 SR 505--Bond, State Senator Julian; commend .............................. 2164 SR 506--Thomson High School Bulldogs Football Team; commend ............ 1781 SR 507--Welsh, Luther; Thomson High School coach, commend ............... 1781 SR 508--Fincher, Dr. Cameron; educator, commend .......................... 1781 SR 509--Alien, Benjamin Heyward; commend ................................ 1781 SR 510--LeChasney, Dr. Charles; Callan Castle, commend ............... 1781, 1847 SR 511--Goodwill Games and Athletes; commend ....................... 1989, 2011 SR 512--World Series Week, Babe Ruth Bambino; commend ............. 1781, 1837 SR 513--Tesch, Tami, Miss Georgia USA; recognize .......................... 1834 SR 514--Promotions and Executive Protection, Inc.; commend................. 1781 SR 515--Coleman, Roscoe; commend ........................................ 1989

2310

JOURNAL OF THE SENATE

SR 516--Atlanta Gas Light Company; congratulate ........................... 1989

SR 517--Roquemore, Helen D.; Eastern Star, commend

1989

SR 518--Horsey, Richard H.; Coca-Cola Chairman, commend

1989

SR 519--Albany, City of; Sesquicentennial; commemorate

1989

SR 520--Chatham County; Artillery, 200th Anniversary; recognize

1989

SR 521--Emery, Dr. Frederick E.; commend ................................. 1989

SR 522--Patterson, Esmond; Gospel Caravan, commend ...................... 1989

SR 523--Victims of Crime; Georgians for Victim Justice; recognize

1989

SR 524--Auto Workers Union and General Motors; commend ................. 1989

SR 525--Weis, Holger; Senate Intern, commend .............................. 1990

SR 526--Youth Development Centers; Senate Study Committee; create,

authorize advisory committee ...................................... 1991

SR 527--West Georgia College Braves Basketball Team; commend

1995

SR 528--Richards, Roy; condolences ........................................ 1995

SR 529--Senate; Research Office and Legislative Counsel; commend............ 2024

SR 530--Horton, Amy; commend ........................................... 2109

SR 531--Horton, Leigh; commend .......................................... 2109

SR 532--Lockheed-Georgia Company; commend .............................. 2109

SR 533--Plant, Anne T.; County Welfare Association, commend ............... 2109

SR 534--Goodwin, George E., Jr.; journalist, commend ........................ 2109

SR 535--Buckner, Gail; Dawn Perry, Judy Taylor; commend .................. 2109

SR 536--Lucas, Jill; Clayton County Teacher of Year, commend ............... 2109

SR 537--Borders, Dr. William Holmes; commend ............................. 2109

SR 538--Hill, Wilton; School Bus Drivers' Association, commend .............. 2109

SR 539--McDaniel, Dr. Charles; School Superintendent, condolences ........... 2276

SR 540--Legislative Budget Office; commend................................. 2276

SR 541--Greene, Senator Richard L.; commend .............................. 2276

SR 542--Brayboy, Ella Mae; Black Women's Coalition, commend .............. 2276

SR 543--Hartman, Pam; commend .......................................... 2204

SR 544--Foster, Saralyn; commend ......................................... 2276

SR 545--Trulock, Paul; commend ........................................... 2276

INDEX

2311

PART II
HOUSE BILLS AND RESOLUTIONS
HB 12--Income Tax; Exemption; elderly persons, certain circumstances.................................................. 553, 556
HB 14--Juvenile Proceedings; Youth Tried as Adult; felony cases, custody ..................................................... 384
HB 30--Crimes and Offenses; Public housing; fraudulently obtaining, penalty provisions ........................... No action in 1986
HB 39--Boxing and Wrestling Commission, State; Regulate profession ............................................ No action in 1986
HB 49--Health Improvement Programs; State Board of Education establish ...................................................... 653, 657
HB 67--Teachers Retirement; Membership; reestablish, out-of-state teaching credit.................................. 66, 69, 395, 474, 526, 546
HB 70--Motor Vehicles and Traffic; Towing trailers; safety chain required ........................................ No action in 1986
HB 80--Counties; Tax digests; approval by State, appeals pending, records confidential ............................... 336, 338, 595, 655, 811
HB 112--Speech Pathology and Audiology Examining Board; licensing ............................................. No action in 1986
HB 123--Local Government; Railroad crossings, relocation; prior public notice .......................................... 16, 18, 322
HB 136--Employment; Training, Community Work Programs, PEACH; establish, AFDC recipients ........................... 190, 194, 1357, 1436
HB 141--Income Tax; Retirement Income; exempt from taxation ..................................................... 1122, 1124
HB 152--Superior Courts; Judges Retirement Fund; spouse's benefits ....................................................... 355, 360
HB 153--Hazardous Materials; Immunity from liability for aid in mitigating damage .................................. No action in 1986
HB 156--Medical Practice; Chiropractors; change scope of practice .......................................... 365, 397, 480, 493, 595
HB 175--Domestic Relations; Parental rights; termination provisions ...................................... 16, 18, 196, 247, 263, 359
HB 179--Driver's License; Motor carriers; suspension provisions, exemptions................................. No action in 1986
HB 181--General Assembly; Reapportionment; House districts 28 and 34 ...................... 856, 859, 1134, 1205, 1312, 1367, 1368
HB 182--Augusta Judicial Circuit; Additional Judge .................................... 631, 637, 1433, 1533, 1824, 1914
HB 186--Teachers Retirement; Maternity Leave; creditable service, actuarial cost former teachers .......... 66, 69, 395, 475, 526, 547
HB 193--Sylvester, City of; City Council; election districts .............................................. No action in 1986
HB 206--Employment; Hazardous Chemical Right to Know Act; disclosure requirements ............................................ 1208
HB 209--Elections; Public Opinion Exit Poll; prohibited at polling places ......................................... No action in 1986
HB 212--Insurance; Health Insurance, Group; notice of coverage termination, conversion rights ............................. 856, 859, 1771, 1775, 1998, 2043, 2278
HB 214--Ad Valorem Tax; County Tax Digests; State approval if appeals pending ...................................... No action in 1986

2312

JOURNAL OF THE SENATE

HB 216--Income Tax; Dependent Care Assistance Costs; exclude

from net income computation ........................... 1057, 1063, 1357,

1436, 1579, 1732

HB 222--Crimes and Offenses; Fraudulent solicitation;

misrepresenting firefighter unlawful

No action in 1986

HB 251--Teachers Retirement; Computation of Average

Compensation; change provisions

135, 140, 395, 475,

527, 568, 609, 641

HB 259--Teachers Retirement; Membership not mandatory,

certain persons 60 years of age ......................... No action in 1986

HB 264--Fireworks; Sales; permits, definition, license

to sell, distribute. ................. 1344, 1346, 1771, 1775, 1998, 2238, 2279

HB 272--Insurance; Foreign, direct response, mail order

insurers; requirements ................................... 1771, 1776, 1999

HB 289--Courts; Evidence; certain child testimony on sexual,

physical abuse allowed......................... 161, 165, 600, 666, 733, 813

HB 293--Teachers Retirement; Falsified records;

penalties ............................................. No action in 1986

HB 294--Teachers Retirement; Nominating Committee;

meeting provisions .................................... No action in 1986

HB 296--Employees' Retirement System; Falsified records;

penalties ............................................. No action in 1986

HB 310--Abortion; Minors; prior notification of parents

required................................ 1342, 1349, 1771, 1776, 1998, 2257

HB 318--Sheriffs; Retirement Fund; civil actions, fees to fund,

benefits for partial service ..................... 317, 323, 663, 727, 879, 887

HB 328--Education; County School Superintendents; certification

qualifications ..................... 1192, 1195, 1357, 1436, 1578, 1723, 1865

HB 335--Lookout Mountain Judicial Circuit; Additional

Judge .......................................... 501, 511, 866, 1001, 1312

HB 338--Teachers Retirement; Benefits; minimum monthly;

postretirement adjustment ........ 56, 58, 168, 201, 247, 269

HB 344--Sheriffs; Qualifications; annual in-service training

requirements ............................. 855, 859, 1532, 1537, 1824, 1888

HB 345--Teachers; Annual Leave; education leave not forfeit

accumulated leave.......................... 56, 58, 168, 201, 247, 271, 717

HB 355--Judges; Superior Court; change mandatory retirement

age to 75 ....................................... 56, 59, 168, 201, 248, 272

HB 363--Estates; Property; inequitable division, parties

seeking relief ....................................... 503, 511, 1771, 1776

HB 365--Peace Officers; Annuity and Benefit Fund; payments,

disability benefits increased .................... 226, 230, 663, 727, 879, 912

HB 377--Courts; Child Custody Proceedings; parents may

present agreement ............................. 227, 230, 998, 1071, 1155,

1217, 1261, 1262, 1865, 1881, 1952, 1960, 2151, 2279

HB 379--Elections; Ballots; incumbent candidate listing ................ 197, 248, 274

HB 391--Employees' Retirement System; Transfer of Credit

to Teachers System, certain cases ............................ 56, 59, 395,

475, 527, 568, 609, 628

HB 395--Forsyth County; Homestead

Exemption .................................. 16, 18, 600, 1011, 1027, 1121

HB 397--Superior Courts; Judges Retirement Fund;

spouse's benefits ............. 66, 69, 664, 727, 879, 906

HB 408--Revenue and Taxation; Income tax; exclusion for

elderly, disabled, civil fraud penalty .................... No action in 1986

INDEX

2313

HB 414--Alcoholic Beverages and Alcoholism; Consumption

While Driving; unlawful, open containers unlawful

1344, 1346,

1770, 1776, 1999

HB 416--Teachers Retirement; Reinstatement Provisions .............. 135, 140, 395,

475, 527, 568, 672, 693, 703, 713, 733, 821

HB 417--Employees' Retirement System; Tax commissioners;

ineligible after 1985 ................................... No action in 1986

HB 422--Employees' Retirement System; County Probation

System Employees; membership provisions ....................... 113, 118,

395, 475, 527, 609, 647

HB 453--Local Government; Counties; governed by single

commissioner, minimum salary .............. 13, 70, 122, 146, 173, 185, 466

HB 460--State Patrol; Disciplinary Board; change composition .............. 386, 391,

601, 666, 879, 912, 1078, 1154, 1160

HB 466--Public Safety Department; Law Enforcement Vehicles;

size of letters marking .......................................... 653, 657,

1202, 1295, 1368, 1454, 1463, 1767

HB 477--Counties; Business License Fee, Taxes; levy in

unincorporated areas authorized

532, 563,

603, 672, 709, 991

HB 487--Indigent Persons; Pregnant women; emergency care,

cost of services ....................................... No action in 1986

HB 493--Guardian and Ward; Guardian, Adult Ward; estate

planning, disposition of property authorized

228, 230,

562, 603, 672, 692

HB 509--Ad Valorem Tax; Homestead Tax Exemption; disabled

wartime veterans...................... 161, 165, 600, 666, 1011, 1030, 1122

HB 510--Columbus, City of; Muscogee County school merger;

continue in force ............................................... 198, 202

HB 513--Muscogee County; Health Department; continue

in force ....................................................... 198, 202

HB 514--Muscogee County; Columbus Airport Commission;

continue in force ............................................... 198, 203

HB 515--Muscogee County; Columbus Building Authority;

continue in force ............................................... 198, 203

HB 516--Muscogee County; Columbus-Muscogee Port Development

Commission; continue .......................................... 198, 203

HB 517--Muscogee County; Industrial Development Authority;

continue in force ............................................... 198, 203

HB 518--Muscogee County; Columbus-Muscogee County

consolidation; continue in force.................................. 198, 203

HB 520--Columbus, City of; Street improvement bonds;

continue in force ............................................... 198, 203

HB 521--Muscogee County; Industry and tourism promotion;

continue in force ............................................... 198, 203

HB 522--Muscogee County; Revenue Bonds, issuing authority;

continue in force ............................................... 198, 203

HB 523--Muscogee County; Homestead exemption;

continue in force ............................................... 198, 204

HB 524--Muscogee County; Homestead exemption;

continue in force ................................. 198, 204

HB 525--Muscogee County; Homestead exemption;

continue in force ............................................... 198, 204

HB 526--Muscogee County; Homestead exemption;

continue in force ............................................... 198, 204

HB 527--Muscogee County; Homestead exemption;

continue in force ............................................... 198, 204

2314

JOURNAL OF THE SENATE

HB 528--Muscogee County; Property in transit; tax exemption,

continue in force

198, 204

HB 529--Columbus, City of; Charter Review Commission;

continue in force

198, 204

HB 540--Juvenile Proceedings; Traffic Offenses; juveniles under

17, jurisdictions, procedures ................................... 1192, 1196,

1770, 1776, 1998, 2189

HB 555--Trucks; Owner's Name, Domicile; displayed on trucks,

certain cases .............................. 855, 860, 1202, 1295, 1367, 1388

HB 565--National Guard; Georgia State Guard; rename as

State Defense Force .............................................. 16, 19

HB 568--Law Enforcement Officers and Agencies; School Security

Personnel; powers, change population figures ................... 1342, 1346,

1548, 1549, 1825, 1951

HB 585--Public Officers and Employees; Agency heads; salary

set by law, certain departments ........................ No action in 1986

HB 595--Ad Valorem Tax; Appeals; written objection to

tax assessors deemed proper notice ......................... 161, 165, 394,

475, 527, 568, 672, 687, 991

HB 612--Employees' Retirement System; County Juvenile

Detention Employees; transfers........................... 56, 59, 395, 475,

527, 609, 637

HB 615--Respiratory Care Practices Act; Regulate profession;

licensing, breast cancer booklet...................................... 182

HB 618--Local Government; Rezoning; official with certain

interests, disclosure ........................ 66, 69, 198, 240, 297, 334, 345

HB 637--Cherokee Judicial Circuit; District Attorney; investigator,

compensation ..................... 16, 20

HB 639--Television; Satellite systems; sale by electric

membership corporations prohibited .................... No action in 1986

HB 648--Credit Unions; Public Funds; investments, deposits ............... 161, 165

HB 649--Banking and Finance; Financial institutions;

taxation provisions, rates .............................. No action in 1986

HB 651--Magistrate Courts; Magistrates; private law practice

restrictions ........................................... No action in 1986

HB 666--Courts; Judges; Court of Appeals, change mandatory

retirement age from 70 to 75 ..................... 56, 59, 395, 475, 526, 538

HB 693--Emergency Management; Deputy director; change title

to executive director .................................. No action in 1986

HB 705--Transportation; Contracts; one bid received,

procedures .................................................. 1710, 1900

HB 724--Arkansas, State of; Regional Banking provisions; include................ 14

HB 734--Macon, City of; Macon-Bibb Consolidated Government;

provide .............................................. No action in 1986

HB 748--Criminal Procedure; Bail, Bond; deposits, forfeiture

release provisions ................... 113, 118, 601, 666, 733, 814, 991, 1051

HB 766--Henry County; Racetracks; excise tax on activities

authorized ............................................ No action in 1986

HB 773--Henry County; Probate Court Judge; nonpartisan

election .............................................. No action in 1986

HB 775--Cigars; Tax; reduce rate on wholesale cost

price....................................... 135, 140, 600, 666, 1011, 1033

HB 779--Teachers Retirement; Military Service

Credit ......................... 66, 69, 395, 476, 672, 712, 1069, 1154, 1161

HB 787--Local Acts; Reapportionment Maps; Secretary of State;

mail copy to locality affected............................... 317, 323, 394,

476, 527, 568, 609, 631

INDEX

2315

HB 788--Merit System; Interdepartmental Transfers; procedures,

definitions

653, 657, 1134, 1205, 1367, 1454, 1457, 1768

HB 790--Fair Business Practices; Telephones; regulate

automatic dial, recorded message calls ........................... 135, 141,

328, 368, 415, 435

HB 795--Professions and Businesses; Private Detective, Security

Agencies; licensing, insurance .................. 317, 323, 601, 666, 733, 818

HB 799--Chatham County; Sheriff and Superior Court clerk;

compensation

No action in 1986

HB 806--Habersham County; Homestead Exemption for Elderly;

continue in force...................................... 826, 832, 868, 877

HB 821--Augusta, City of; City Council; membership, terms,

election and quorum .................................. No action in 1986

HB 828--Sheriffs; Retirement Fund; death

benefits ................................. 135, 141, 395, 476, 527, 609, 638

HB 835--Richmond County; Ordinances affecting police or

sheriff, referendum .................................... No action in 1986

HB 840--Mortgages; Deed to Secure Debt;

cancellation procedures .................... 386, 391, 999, 1071, 1218, 1274,

1345, 1404, 1513, 1526, 1842, 1955

HB 846--Raccoon Fur Sellers; Licensing; change annual

fee. .......................................... 500, 511, 601, 666, 733, 820

HB 847--Auctioneers; Nonresident License; local governing

authorities, licensing powers .................. 1192, 1196, 1771, 1776, 1999

HB 848--Death Penalty; Provide for Lethal Intravenous

Infusion ......................................................... 16, 20

HB 850--Occupational Regulation Review Law; Business and

Professional Regulation ........................ 465, 468, 1134, 1205, 1312,

1367, 1370, 1375, 1514, 1520, 1579, 1659, 2159, 2279

HB 858--Local Government; Audits; requirements, procedures

relating to state grants, federal audits....................... 553, 556, 662,

727, 843, 848

HB 889--Firearms; Retired Law Enforcement Officers; carry

pistols in public buildings............................... 1191, 1196, 1358,

1436, 1824, 1833, 1898

HB 906--Islands, City of; Incorporate; provide

charter.......................................... 395, 398, 400, 415, 1285

HB 908--Estates; Year's Support; amend various provisions,

requirements ....................... 503, 511, 1294, 1359, 1455, 1508, 1865

HB 911--Coastal Zoning; Salt-Water Area Counties; zoning

procedures, advisory boards ......................................... 130

HB 931--Bryan County; Business license; firms in unincorporated

areas ................................................ No action in 1986

HB 934--Dogfights; Animal Baiting; training animals for use in

fights unlawful............................................... 1191, 1196

HB 962--Courts; Evidence; discovery, information, medical,

mental health, clergy records .................................. 1344, 1347,

1772, 1776, 1998, 2036, 2278

HB 967--Chatham County; Recorder's Court; judges,

compensation ......................................... No action in 1986

HB 969--Grants; Students; ineligible for state aid if not registered

for military draft ....................... 355, 360, 663, 727, 879, 915, 1121

HB 983--Colquitt County; Commissioners; election of

members ............................................. No action in 1986

HB 1005--Cherokee County; Commissioners; create board, election

and terms .......................... 463, 469, 1533, 1553, 1567, 1577, 1766

2316

JOURNAL OF THE SENATE

HB 1008--Chatham County; Hospital Authority; members, limit terms of office ........................................ No action in 1986
HB 1064--Clayton County; Juvenile Court; judge, compensation ......................................... No action in 1986
HB 1066--Hay Bales; Vehicles Transporting; permits .............................. 355, 361, 725, 835, 1011, 1034, 1122
HB 1074--Voter Registration; Legal Residence; military persons, student, inmates ........................ 1346, 1349, 1532, 1537, 1577, 1656
HB 1103--Fannin County; Election Board; powers and duties .............. 46, 61, 137 HB 1105--License Plates; Spouse of Deceased Prisoner of War;
special license plate ........................... 356, 361, 600, 667, 733, 809 HB 1109--Crimes and Offenses; Firearms; stun guns, tasers
unlawful, judges authorized to carry weapons ..................... 653, 657, 1202, 1295, 1578, 1689, 1897
HB 1113--Bibb County; Board of Education and Orphanage; compensation and expenses, members ..................... 41, 46, 168, 171
HB 1115--Hall County; Tax Exemption; certain residents, referendum ........................................... 463, 469, 833, 840
HB 1116--Gainesville, City of; Tax Exemption; certain residents, referendum ........................................... 463, 469, 833, 840
HB 1117--Walton County; Coroner; compensation .......................... 518, 525 HB 1120--Banking and Finance; Interest on Judgments; written
contracts bear rate specified ................... 356, 361, 600, 667, 733, 805 HB 1127--House of Representatives; Legislative Educational
Research Council; rename House Research Council .................... 161, 165, 1134, 1205, 1312
HB 1128--Game and Fish; Hunting, Fishing Licenses; honorary to certain veterans ................................................ 483, 492
HB 1130--DeKalb County; Citizens' Zoning Counsel; create....................... 63 HB 1132--Laurens County; Education Board; election districts,
residency......................................... 48, 49, 71, 74
HB 1133--Habersham County; Education Board; authority to borrow funds, continue in force ............................ 48, 49, 71, 74
HB 1138--DeKalb County; Zoning Changes; requirements relative to conflicts of interest ............................................ 48, 49
HB 1140--Appropriations and Fiscal Aifairs; Supplemental appropriations; FY 85-86, certain agencies, bonds, capital outlay........................... 48, 49, 70, 122, 146, 147, 176, 177, 192, 206, 207, 220
HB 1142--Local Government; Georgia Environmental Facilities Authority; grants, loans, bonds ......................... 227, 230, 472, 519, 568, 609, 626
HB 1143--Dams; Safe Dams Act; grants for repairs, extend certain exemptions ............................ 227, 230, 472, 520, 672, 690
HB 1144--Environmental Protection; Hazardous Waste Disposal, Treatment; definitions, guarantor's liability .................. 227, 230, 472, 520, 879, 909
HB 1145--Underground Storage Tank Act; Manage regulated substances storage and pipelines, trust fund ...................... 228, 231, 517, 564
HB 1146--Courts; Civil Practice; frivolous lawsuits, attorney's fees, court costs...................... 190, 194, 999, 1071, 1155, 1185, 1285, 1321, 1346, 1377, 2232, 2279
HB 1147--Teachers; Retired Teachers' Day; designate 3rd Sunday in November ................................. 356, 361, 662, 727, 843, 849

INDEX

2317

HB 1149--Wills, Trusts, Administration of Estates; Marital Gift

Tax, Estate; deduction qualification, investment rights

190, 194, 562,

604, 879, 914, 1121

HB 1152--Merit System; Health boards; Fulton and DeKalb,

unclassified service positions .................................... 317, 323

HB 1153--Pharmacists, Pharmacies; Drug manufacturer, distributor;

permits, revocation, suspension ............................. 190, 194, 562,

604, 672, 707

HB 1154--Sentence; Criminal Cases; judge's power to change,

time limitations

356, 361, 866, 1002, 1825, 1926

HB 1156--Stone Mountain Judicial Circuit; Additional

judge

646, 647, 999, 1071, 1218, 1312,

1332, 1342, 1356, 1368, 1454, 1464, 1767

HB 1158--Controlled Substances; Change listings, definitions;

compliance, federal guidelines ................................... 502, 512,

724, 835, 880, 1011, 1025, 1193

HB 1159--Drugs and Drug Abuse; Dispensing, compounding;

requirements, records, include podiatrists

827, 830, 998,

1071, 1155, 1171

HB 1162--Crime Information Center; Pistol licenses; fees for cost of

FBI fingerprint search ................................. 386, 391, 601, 667,

879, 919, 1122, 1243, 1513, 1521, 1905, 1955

HB 1163--Education; Students; out-of-state transfers, eligible

extracurricular activities ........................................ 552, 557

HB 1166--Oglethorpe County; Education Board; election

districts ...................................................... 63, 71, 74

HB 1167--Elbert County; Education Board; recreate ................. 63, 64, 168, 171

HB 1168--Oglethorpe County; Commissioners; composition

of the board .............................................. 63, 64, 71, 74

HB 1169--Commerce and Trade; Securities Dealers; regulation,

commissioner's powers ............................... 826, 830, 1201, 1296,

1367, 1454, 1455

HB 1171--Food, Drugs and Cosmetics; Misbranded foods; change

definitions ............................... 113, 118, 144, 167, 201, 248, 277

HB 1172--Agriculture; Livestock; infectious diseases, definitions,

enforcement powers ........................... 113, 118, 167, 201, 248, 277

HB 1173--Professsions and Businesses; Cosmetology; work

permits, barber licenses, Board composition, termination........... 162, 166,

328, 368, 415, 437

HB 1175--Physical Therapy; Licensing; examinations, continue

Board, powers, terms ...................................... 162, 166, 365,

397, 480, 497, 724, 879, 900, 1121

HB 1176--Psychologists; Licensing; State Board, continue,

powers .............................. 501, 512, 998, 1071, 1217, 1258, 1423

HB 1177--Nursing Home Administrators Board; powers, termination

date ................................................. 162, 166, 724, 835,

1011, 1036, 1194, 1718, 1832, 1866, 2156, 2279

HB 1185--Civil Practice; Dismissal of actions; change time,

procedure .............................. 1344, 1347, 1771, 1776, 1998, 2109

HB 1186--Tort Reform; Damages; court powers to modify, disclosure,

insurer requirements ..................................... 281, 285, 1134,

1205, 1367, 1404, 1514, 1523, 1702, 1717

HB 1187--Venereal Diseases; AIDS, Sexually Transmissible

Diseases; reports, tests, requirements............................ 696, 1770,

1777, 1999

HB 1189--Bathhouses; Prohibit Operation; certain cases ................... 1057, 1063,

1293, 1359, 1454, 1504

2318

JOURNAL OF THE SENATE

HB 1191--Boxing Commission; Termination date; boxing under the

influence unlawful. .................. 114, 118, 1532, 1538, 1579, 1754, 1865

HB 1192--Health Care Facilities, Hospitals; Certificate of need;

rule changes not affect prior applications

114, 119,

235, 290, 334, 371, 375, 466

HB 1193--Counties; Civil service systems; established by local

ordinance ............... 317, 323, 868, 1002, 1077, 1079

HB 1197--Counties; Education Boards; sales to county by

members prohibited, exemptions ................................ 500, 512

HB 1200--Courts; Child Custody; notification of change of

residence .................................. 136, 141, 998, 1072, 1218, 1273

HB 1203--Aviation; Airport noise; APDCs study, authorized by

local government............................................... 228, 231

HB 1204--MARTA; Employees; wages, benefits, arbitration, no

strikes ............................................... 483, 492, 725, 730

HB 1205--Employees' Retirement System; Maximum allowance;

new members .................................................. 162, 166

HB 1206--Americus, City of; School system; merge with Sumter

County system ......................................... 63, 64, 71, 74, 76

HB 1207--Troup County; Education Board; election of

members .............................................. 48, 49, 60, 74, 76

HB 1208--Property; Public Schools; authority to lease

when no longer needed ................. 465, 468, 662, 728, 879, 1011, 1026

HB 1209--Teachers Retirement; Maximum allowance; new

members ...................................................... 162, 166

HB 1210--Urban Residential Finance Authority; Powers;

definitions, loans, bonds ............................. 504, 512, 1773, 1782

HB 1211--Adoption; Foreign Children; clarify release

provisions ..................... 136, 141, 1200, 1296, 1368, 1454, 1459, 1767

HB 1212--License Plates; Firefighters; special

issue ......................................... 318, 323, 563, 604, 672, 689

HB 1213--Code of Georgia; Revisions; correction of errors and

omissions..................................... 136, 141, 328, 368, 415, 438

HB 1214--Code of Georgia; Retirement, Title 47; revisions,

corrections ................................... 136, 141, 328, 368, 416, 438

HB 1215--Code of Georgia; Elections, Title 21; revisions,

corrections ................................... 356, 361, 562, 604, 672, 695

HB 1216--Torts; Railroads, electric companies; damage suits,

venue ........................................ 136, 141, 663, 728, 843, 850

HB 1217--Vidalia Onion Act; Regulate sale, identification,

labeling ................................. 114, 119, 167, 201, 248, 278, 279

HB 1218--Fair Business Practices; Telephones; regulate automatic

dial, recorded message calls ........................ 190, 195, 328, 368, 416,

440, 1134, 1218, 1312, 1327, 1422, 1450, 1530, 1645, 2267

HB 1219--Barbers; License provisions; continue State Board ................. 162, 166,

328, 368, 416, 440

HB 1220--Magistrate Courts; Constables; minimum age

21 years...................................... 226, 231, 328, 369, 416, 441

HB 1222--Mountville Water Authority; Service area; revenue

bond ceiling ............................... 63, 64, 71, 74

HB 1225--Child Care Centers; Licensing; restrictions, revocations,

penalties ....................... 318, 324, 998, 1072, 1455, 1577, 1579, 1768

HB 1226--Firearms; Pistol license; residency

requirements ............................ 114, 119, 197, 240, 297, 334, 346

HB 1227--Judicial Council; Rules; notice to General Assembly prior

to adoption ....................................... 114, 119, 197, 240, 297,

334, 347, 631, 1095, 1194, 1453, 1955, 1971

INDEX

2319

HB 1228--Estates; Spouse's Entitlement; exception if divorce pending ................................. 114, 119, 197, 240, 297, 334, 348
HB 1229--Partnerships; Sue or be Sued; garnishment, dissolution .................................... 465, 468, 1771, 1777, 1998
HB 1233--Counties; Grand Juries; certain inspection duties not required ...................... 228, 231, 394, 476, 527, 1011, 1040, 1121
HB 1235--Elections; Municipal; polling places, convenient locations .............................. 501, 512, 662, 728, 879, 1011, 1022
HB 1236--Landscape Architects; Licensing provisions, continue State Board ......................... 318, 324, 394, 476, 527, 568, 609, 639
HB 1237--Liberty County; Education Board; election districts ........................................ 77, 78, 236, 241, 247, 388
HB 1238--Liberty County; School superintendent; appointed by education board......................................... 77, 78, 198, 204
HB 1239--Liberty County; Commissioners; election districts ......................... 77, 78, 198, 205
HB 1242--Ports Authority, Georgia; Pilots; change mooring and docking requirements, fees ................. 318, 324, 563, 604, 732, 801
HB 1244--Catoosa County; Commissioner; compensation, allowances ............................. 77, 78, 143, 145
HB 1246--Probate Courts; Judges; chief clerks, qualifications, vacancies, certain counties ............................. 386, 391, 562, 604, 672, 711, 1134, 1217, 1266, 1422, 1520, 1702, 1756, 1838, 1955
HB 1247--Insurance; Agents; fees for services ............................ 1283, 1287 HB 1249--Courts; Minors; loitering in public, unlawful certain
hours, parent liable ................................. 226, 231, 1200, 1296 HB 1252--Tifton, City of; Municipal elections; change date ........... 77, 78, 168, 172 HB 1253--Fair Business Practices; Art Dealers; sales,
requirements, disclosure, warranties...................... 1083, 1097, 1293, 1359, 1455, 1519
HB 1257--Trucks; Suspension System; unlawful to alter, certain vehicles ................... 1191, 1196, 1434, 1533, 1578, 1697, 1866
HB 1258--Wesleyan College; Motor vehicle license plates; commemorative issuance ................................... 281, 285, 394, 476, 527, 568, 609, 634
HB 1259--Appropriations and Fiscal Affairs; Supplemental appropriations; FY 85-86 .................................. 386, 391, 600, 667, 732, 737, 797, 809, 810, 823, 921, 991, 1429
HB 1261--Human Resources; Children's Programs; personnel, criminal record check, procedures................................ 281, 285, 1200, 1296, 1368, 1454, 1462
HB 1262--Human Resources; Child-care Facilities; emergency powers, monitors, resident relocation ............................. 191, 195, 600, 667, 733, 810, 991
HB 1263--Missing Children Information Center; create within GBI ................................... 191, 195, 600, 667, 733, 806
HB 1270--Sales Tax; Hearing aid sales; exempt ............................ 593, 596, 1548, 1549, 1824, 1913
HB 1273--Insurance; Taxation; intangible property held in foreign country ............................ 552, 557, 865, 1002, 1077, 1080
HB 1276--Schools; Disciplinary Tribunals; change time for appeals ................................ 1282, 1287, 1548, 1549, 1825, 1920
HB 1277--District Attorneys; Assistants; state paid salary ................... 136, 142, 999, 1072, 1217, 1259, 1422
HB 1278--Professions and Businesses; Corporate Takeovers; repeal Code chapter ........................... 136, 142, 328, 369, 416, 441

2320

JOURNAL OF THE SENATE

HB 1279--Appeals, Habeas Corpus Inmate Case; Attorney General

notify district attorney ......................................... 552, 557

HB 1280--Natural Resources; Water Pollution Control; permits,

penalties, federal funds ........................ 227, 231, 472, 520, 672, 707

HB 1281--Banking and Finance; Definitions; financial examiners,

bank powers, directors, provisions on checks

191, 195,

394, 476, 526, 539, 717

HB 1282--Office Supply Transactions; Deceptive practices

unlawful .................................. 501, 512, 866, 1002, 1077, 1090

HB 1283--Notaries Public; Appointment, qualifications, powers

and duties.......................... 827, 830, 1532, 1538, 1579, 1742, 1866

HB 1284--Dougherty County; Registration and Elections Board;

joint with City of Albany ................................ 77, 79, 329, 332

HB 1285--Health Care Data Clearing House; create in Health

Planning Agency ............................................. 1123, 1124,

1770, 1777, 1998, 2024, 2244

HB 1286--Elections; Campaign Financial Disclosure; ethics in

government, create Ethics Commission ..................... 162, 166, 1201,

1296, 1367, 1391, 1404, 1514, 1520, 1702, 1717, 2129, 2280

HB 1287--Ethics; Elected Officials; indicted, convicted, suspension

and salary provisions ................................ 281, 286, 1532, 1538,

1578, 1700, 1865

HB 1289--Meriwether County; Education Board and School

Superintendent; continue in force......................... 77, 79, 168, 172

HB 1290--Meriwether County; Development Authority; continue

in force ........................................ 77, 79, 168, 172

HB 1291--Muscogee County; School District; construct and

operate art centers, museums ............................ 77, 79, 198, 205

HB 1292--Muscogee County; Education Board; authority for

certain emergency contracts .............................. 78, 79, 198, 205

HB 1293--Development Authorities; Metropolitan APDC;

regional public projects, operating expenses....................... 318, 324,

664, 728, 1011, 1042, 1121

HB 1294--Sales Tax; Poultry Producers' Heating Fuel;

exemption ................................ 653, 657, 1548, 1549, 1824, 1883

HB 1295--Architects; State Board; membership, violations,

penalties ..................................... 387, 391, 562, 604, 672, 708

HB 1296--Professions and Businesses; Corporations; filing,

requirements, notices, fees ................................ 356, 361, 1434,

1534, 1579, 1735, 1866

HB 1297--Sales Tax; Insulin; purchased without prescription

exempt. ................................. 653, 657, 1548, 1549, 1824, 1917

HB 1298--Butts County; Commissioners; levy business license

tax, fees................................................ 78, 79, 168, 172

HB 1299--Butts County; Industrial Development Authority;

continue in force........................................ 78, 79, 168, 172

HB 1300--Appropriations and Fiscal Affairs; General

appropriations; FY 1986-87 ............................. 1282, 1287, 1432,

1534, 1577, 1587, 1671, 1687, 1728, 1734, 2049, 2111

HB 1314--Claims Advisory Board; Corrections Commissioner;

member, quorum set .............................. 282, 286, 394, 477, 527,

568, 609, 636

HB 1315--Human Resources; Department; actions, orders,

appeals procedure ................... 282, 286, 1771, 1777, 1998, 2032, 2278

HB 1316--Medical Malpractice; Judgments; licensee reviewed by

Board, repeal Naturopathy Code ...................... 653, 658, 998, 1072,

1155, 1176, 1178, 1285

INDEX

2321

HB 1317--License Plates; Staggered Tag Sales; authorized in

counties by local law

318, 324, 563, 605, 672, 697

HB 1320--Law Enforcement Officers and Agencies; Resisting arrest;

violence to, obstructing, punished as felony ....................... 826, 830,

1202, 1296, 1367, 1390

HB 1321--Motor Vehicles and Traffic; Emissions inspections;

increase fees, seat belt requirements

1057, 1063,

1202, 1296, 1367, 1387, 1434, 1577, 1649, 1741, 1756, 1836, 1860, 2263

HB 1323--Railroads; Security Officers; change employment

qualifications

356, 362, 472, 520, 609, 627

HB 1324--Civil Practice; Probate of Wills; acknowledgment of

service, notarize..................... 552, 557, 1068, 1136, 1217, 1257, 1696

HB 1325--Natural Resources; State Parks; certain hunting,

trapping allowed, prior permission

855, 860,

1068, 1136, 1312, 1367, 1385

HB 1326--Game and Fish; Taxidermists; mounting, selling

authorized furbearers

1057, 1064, 1201, 1297, 1454, 1500

HB 1327--Courts; Employers; action against employee subpoened,

or on jury duty unlawful........................ 856, 860, 1771, 1777, 1999

HB 1328--Pulaski County; Sheriff; deputy, cost of living

increases ............................................. 162, 167, 329, 332

HB 1329--Coroners; Inquests; subpoena powers, confidentiality,

records to other states........... 654, 658, 1293,

1359, 1455, 1516, 1768

HB 1330--Medical Assistance; Nursing Homes; semiprivate,

private room supplements, provisions ............................ 387, 391,

833, 868, 1011, 1053, 1121

HB 1333--Magistrate Courts; Default Judgments; appeals

provisions ..................................................... 191, 195

HB 1334--Organ Donors; Anatomical Gifts; regulations, records,

minors, unlawful to buy, sell ......................... 716, 719, 1293, 1359,

1578, 1660, 1761, 1838, 1898, 1906, 2123, 2279

HB 1335--Motor Vehicles and Traffic; Certificate of Title; change

certain signature, records requirements ....................

318, 324,

563, 605, 672, 693

HB 1338--Elections; Amend various Code provisions ........................ 319, 324,

394, 477, 527, 568, 609, 672, 703, 991

HB 1339--Elections; Disclosure; contribution to influence

local question on ballot......................................... 319, 325

HB 1340--Contracts; Public works; counties of 550,000, bid

provisions

1119, 1124, 1202, 1209, 1213, 1215, 1216

HB 1341--Law Enforcement Officers and Agencies; Impersonating

Peace Officer; criminal penalties ............................ 387, 392, 601,

667, 879, 920, 1078, 1154, 1161

HB 1342--Probation; First Offender; clerk of court record

exoneration upon release

502, 512, 866, 1002, 1077, 1108

HB 1343--Real Estate; Subdivided Land Sales; revise law,

Real Estate Commission, powers................................. 502, 513

HB 1344--Natural Resources; Amend various Code sections

relating to hunting and fishing .................................. 716, 719,

999, 1072, 1155, 1218, 1276, 1768

HB 1346--Animals; Animal Protection Act; regulate, license shelters,

pet dealers ........................ 501, 513, 724, 835, 879, 911, 1122, 1240

HB 1347--School Buses; Unlawful passing; violation reporting

procedures .................................. 1344, 1347, 1549, 1824, 1915

2322

JOURNAL OF THE SENATE

HB 1348--Public Officers and Employees; Expense Allowances; mileage reimbursement for travel ........................ 1192, 1196, 1432, 1534, 1578, 1674
HB 1349--State Depository Board; Local Government Investment Pools; approved public bodies use .......................... 552, 557, 865, 1002, 1077, 1090
HB 1350--Tax Executions; Advertising Costs; sales, payment provisions ..................................... 501, 513, 1771, 1777, 1999
HB 1351--Traffic Offenses; Challenges to Conviction; time to file, procedures ......................... 226, 232, 1771, 1777, 1998, 2022, 2278
HB 1352--Living Wills; Effective date; change form ................. 1057, 1064, 1134, 1205, 1312, 1367, 1369, 1697, 1712, 1761, 1871, 1964, 2279
HB 1353--Bad Checks; Retail Home Installment Sales; fee charged to buyer....................... 282, 286, 600, 667, 880, 1011, 1024
HB 1354--Bad Checks; Fee for issuance; standardize ........................ 282, 286, 600, 668, 1011, 1043
HB 1355--Hospital Authorities; Audits; filing requirements .................. 387, 392, 998, 1072, 1155, 1455, 1515
HB 1356--Alpharetta, City of; Change corporate limits ............. 387, 393, 563, 565 HB 1357--Motor Vehicles and Traffic; License plates; county
name decals, requirements, fees ................ 387, 392, 662, 728, 843, 847 HB 1359--Human Resources; Roadhouses, Public Dance Halls;
delete inspection requirements ................. 319, 325, 562, 605, 672, 690 HB 1360--Georgia Institute of Technology; Centennial License
Plates; extend issuance time ................... 356, 362, 562, 605, 672, 691 HB 1361--Eminent Domain; Condemnation of Public Property
Commission; acquisition powers ............................ 718, 719, 867, 1002, 1077, 1085, 1089
HB 1362--Sales Tax; Food Stamp or WIC purchases; exempt. ............................ 387, 392, 1548, 1550, 1824, 1858, 1991
HB 1363--Arrest; Peace Officers; use of deadly force provisions, felons, escapees ..................... 552, 557, 1294, 1360, 1455, 1517, 1767
HB 1364--Commercial Code; Secured Transactions; financing and continuation statements ............................... 227, 232, 394, 477, 527, 568, 609, 627
HB 1365--Controlled Substances; Drug Cases; police reports to local government on proceeds of forfeitures ....................... 387, 392, 601, 668, 880, 1011, 1023
HB 1366--House of Representatives; Assistant Administration Floor Leaders; additional compensation .......................... 856, 860, 1532, 1538, 1578, 1727
HB 1367--Probate Courts; Appeals Procedures; revisions, jury trials, certain courts ...................................... 388, 392, 1434, 1534, 1578, 1677, 1762, 1869, 2256, 2268
HB 1368--Superior Courts; Clerks; required annual training, expense reimbursement........................ 191, 195, 328, 369, 416, 442
HB 1369--Probation; Tolling of Sentence; no show probationer, dates ..................................... 503, 513, 866, 1003, 1077, 1110
HB 1370--Penal Institutions; Inmates; housed by county, medical payments from State ............... 503, 513, 866, 1003, 1077, 1109
HB 1375--Hotels and Motels; Innkeepers; termination notice to certain occupants ......................... 716, 719, 1771, 1778, 1998, 2243
HB 1376--State Development Authority; farm loan program, requirements ............................... 551, 558, 724, 835, 1011, 1043
HB 1377--Motor Vehicles and Traffic; Emission Inspections; change certain provisions, dates, new vehicles..................... 319, 325, 563, 605, 732, 736

INDEX

2323

HB 1378--Tax Collectors, Commissioners; Qualifications;

education requirement, exempt those in office

388, 393,

664, 728, 1011, 1044

HB 1382--Trucks; Towing Permits; transporting modular

housing units ................................. 227, 232, 329, 369, 416, 443

HB 1384--License Plates; Special; Georgia State University,

Morris Brown College ...................... ....

1191, 1196, 1532,

1538, 1578, 1694, 1897, 1902

HB 1385--Human Resources; Substance Abuse Service Programs,

Councils; establish ...................... 1118, 1124, 1433, 1534, 1825, 1927

HB 1386--Hotels and Motels; Alcoholic Beverage Sales; service

in room, licensing ............................. 551, 558, 724, 835, 879, 910

HB 1390--Elbert County; Commissioners; election

districts .............................................. 224, 232, 563, 566

HB 1391--Oglethorpe County; Development Authority; continue

in force .............................................. 224, 232, 366, 370

HB 1392--Elberton, City of; Mayor, Councilmen; change election

date ................................................. 224, 233, 602, 607

HB 1393--Insurance; Premium Finance Companies; delivery of

cancellation notices........................ 501, 513, 1068, 1136, 1217, 1244

HB 1395--Canton, City of; Corporate limits; change................ 224, 233, 329, 332

HB 1398--Chattahoochee County; Education Board; continue

in force ............................................ 550, 558, 1000, 1008

HB 1399--Chattahoochee County; School Superintendent;

appointment, continue in force ....................... 550, 559, 1000, 1008

HB 1400--Chattahoochee County; Business license fees;

continue in force .................................... 550, 559, 1000, 1008

HB 1401--Chattahoochee County; Industrial Development Authority;

continue in force .................................... 551, 559, 1000, 1008

HB 1402--Chattahoochee County; Sheriff; provision for office,

continue in force .................................... 551, 559, 1000, 1008

HB 1403--Randolph County; Development Authority; continue

in force .............................................. 224, 233, 395, 398

HB 1404--Quitman County; Industrial Development Authority;

continue in force ...................................... 224, 233, 395, 398

HB 1405--Stewart County; Education Board; election of members,

continue in force ...................................... 225, 233, 395, 398

HB 1406--Stewart County; Electrical System; authority,

continue in force ...................................... 225, 233, 395, 399

HB 1407--Stewart County; Bridge construction, Chattahoochee

River; authority, continue in force ...................... 225, 233, 395, 399

HB 1408--Stewart County; Natural Gas System; authority,

continue in force ...................................... 225, 233, 395, 399

HB 1409--Stewart County; Industrial Development Authority;

continue in force...................................... 225, 234, 395, 399

HB 1412--Ad Valorem Tax; Agricultural Property; preferential

tax assessment, penalties, illness cases ............................... 715,

720, 1357, 1436, 1825, 1921

HB 1414--Magistrate Court Judges Council; create.............................. 715,

720, 1771, 1778, 1999

HB 1416--Teachers; Witness Leave; authorized when subpoenaed

to testify in court ......................... 654, 658, 1201, 1297, 1454, 1503

HB 1418--Appeals and Error; Contempt of Court; repetitious

conduct, judge's power.......................................... 716, 720

HB 1420--Personal Care Homes; Criminal records check fees;

Human Resources set ................... 1058, 1064, 1433, 1534, 1824, 1887

2324

JOURNAL OF THE SENATE

HB 1421--Human Resources; Criminal Records Checks; prospective employees, procedures ......................... 551, 558, 1293,
1360, 1579, 1740 HB 1422--Chatsworth, City of; Mayor, Aldermen; date to
take office ............................................ 225, 234, 472, 478
HB 1423--Driver Training Schools and Instructors; annual license renewal........................................ 1118, 1125, 1293, 1360, 1824, 1864
HB 1424--Waste Management; Septic Tanks; discharge into public systems unlawful .................. 356, 362, 472, 520, 568, 609, 640
HB 1427--Hall County; Taxation Powers; continue in force .............................................. 225, 234, 833, 840
HB 1428--Hall County; Civil Service System; continue in force .............................................. 225, 234, 833, 840
HB 1429--Hall County; Business and Occupational Licenses, Taxes; continue in force ............................... 225, 234, 833, 841
HB 1430--Hall County; Gainesville-Hall County Development Authority; continue in force ............................ 225, 234, 833, 841
HB 1431--Hall County; Education Board; continue in force .............................................. 226, 234, 833, 841
HB 1433--Criminal Trespass; Merchants Parking Area; parking, standing, cruising in vehicle unlawful ............................ 717, 720, 1202, 1297, 1578, 1691, 1762, 1854, 1899, 1905, 1999, 2243, 2256, 2265
HB 1434--Savannah, City of; Historic District; freeze ad valorem tax assessment......................................... 226, 234
HB 1435--Examining Boards, State; Records System; retain file on all licensees ................................................ 716, 720
HB 1438--Charitable Organizations; Professional Fund Raisers; name registration, fees, annual reports .............................. 1120, 1125, 1293, 1360, 1454, 1495
HB 1439--Commerce and Trade; Promotional Giveaway Contests; regulations, requirements, Time Share Act ....................... 654, 658, 866, 1003, 1077, 1154, 1159
HB 1441--Schools; Teachers; certificated personnel, sick leave, cross reference other laws ...................... 388, 393, 662, 728, 879, 920
HB 1442--Colleges and Universities; DeKalb County Junior College; continue in force...................................... 226, 235, 602, 607
HB 1443--Covington, City of; Parking Authority; continue in force...................................... 226, 235, 518, 525
HB 1444--License Plates; Special; Georgia Southern, West Georgia, Albany State Colleges .................................. 856, 860, 1532, 1538, 1824, 1879, 2040
HB 1445--Oxygen Sales; Sales tax; exemption if prescribed by physician.............................. 827, 831, 1548, 1550, 1824, 1886
HB 1446--Education; Loans; National Guard members, eligibility........................... 716, 720, 1133, 1205, 1312, 1367, 1385
HB 1447--Domestic Relations; Family Violence; arrest, crime where persons live together meretriciously ........................ 857, 860, 999, 1072, 1155, 1180
HB 1448--Register, Town of; Town boundaries .................... 282, 287, 395, 399 HB 1449--Effingham County; Industrial Development Authority;
ad valorem tax, powers, duties ......................... 282, 287, 395, 399 HB 1450--Adel, City of; Bond issuance; authorization,
continue in force ...................................... 282, 287, 329, 333
HB 1451--Berrien County; Industrial Building Authority; continue in force...................................... 282, 287, 329, 333

INDEX

2325

HB 1453--Greene County; Commissioners; election of members ............................. 319, 325, 366, 370
HB 1454--Greene County; Education Board; election method .............................................. 319, 325, 366, 370
HB 1455--Crimes and Offenses; Firearms Theft Offenses; definitions, penalties ....................... 503, 514, 999, 1073, 1578, 1726
HB 1457--Chattahoochee Judicial Circuit; District Attorney; salary, assistants ...................................... 283, 288, 833, 841
HB 1459--Marshallville, Town of; City Ordinances; fines for violations ......................................... 283, 288, 329, 333
HB 1460--Cemeteries; Regulations; records, change procedures, requirements ..................... 1058, 1064, 1532, 1538, 1578, 1688, 1865
HB 1461--Dalton, City of; Downtown Development Authority; continue in force...................................... 283, 288, 472, 478
HB 1462--Natural Resources; Herty Foundation; research powers, fibers and materials ....................... 593, 596, 1293, 1360, 1454, 1501
HB 1463--School Buses; Exhaust system requirements; change ................... 503, 514, 563, 605, 672, 688
HB 1464--Income Tax; Refunds; debt collection setoff include student loans ........................ 465, 468, 865, 1003, 1077, 1098, 1193
HB 1465--Septic Tank Installation; county health boards set standards ........................ 593, 597, 999, 1073, 1154, 1163, 1423
HB 1467--Franklin-Heard County Water Authority; sewerage projects .......................................... 1119, 1126, 1773, 1782
HB 1469--Sales Tax; Special Purpose County; change provisions, include water, sewer projects .............................. 466, 468, 1357,
1436, 1578, 1703, 1819, 1827, 1898, 1905 HB 1470--Paulding County; Education Board; superintendent,
appointment, term of office ............................ 283, 288, 563, 566 HB 1471--Insurance; Municipalities; immunity from liability
relating to policies purchased ................................... 654, 658,
1433, 1534, 1578, 1669, 1896 HB 1472--Courts; Municipal; authority to sentence DUI offenders
to county jails ...................................... 502, 514, 1771, 1778 HB 1474--Athens, City of; Athens Municipal Court; establish,
provide for jurisdiction ................................ 283, 288, 366, 370 HB 1476--Local Government; Municipal Courts; establish,
authority, jurisdiction, powers ............................. 502, 514, 1433, 1534, 1578, 1675, 1897
HB 1477--Counties; Municipal Court Services; county contracts, magistrate courts provide ................... 503, 514, 866, 1003, 1578, 1670
HB 1480--Tax Collectors, Commissioners; Vacancies in office; procedure for filling ........................ 593, 597, 866, 1003, 1077, 1108
HB 1482--Workers' Compensation; Group Self-Insurance Funds; define, eligible local authority, board, agency ........................ 502, 514, 1771, 1778, 1998
HB 1483--Effingham County; Industrial Development Authority; continue in force...................................... 283, 288, 395, 399
HB 1487--Motor Carriers; Public Service Commission regulations, registration, licenses, permits....................... 1249, 1287, 1772, 1778, 1998, 2012
HB 1488--Tax Collectors, Commissioners; Annual training requirements ........................ 593, 597, 866, 1003, 1077, 1096, 1285
HB 1489--Blasting or Excavating; Near Underground Utilities; regulations, notification centers............................ 502, 515, 1532, 1538, 1824, 1825, 1899

2326

JOURNAL OF THE SENATE

HB 1490--Buildings and Housing; Glass Installation in Buildings;

hazardous locations defined

716, 721,

866, 1004, 1077, 1082

HB 1491--Emerson, City of; Mayor's Court; create, abolish

police court .......................................... 319, 325, 563, 566

HB 1492--White, City of; Mayor's Court; appointment of judge,

appeal provisions ..................................... 319, 325, 563, 566

HB 1493--Atlanta, City of; Fulton County Library System;

property, use of funds, tax districts

1280,

1290, 1773, 1782

HB 1494--Tattnall County; Education Board; compensation of

members ............................................. 320, 326, 395, 399

HB 1495--Game and Fish; Saltwater Fish; possession, size limitations,

certain fish

1058, 1064, 1202, 1297, 1454, 1506

HB 1497--Henry County; Magistrate Court; law library fees

320,

326, 472, 479, 480, 595

HB 1499--Hapeville, City of; Corporate Limits; change

592,

598, 1202, 1209

HB 1500--University of Georgia; License Plates; commemorative

issue, extend time.......................... 654, 659, 866, 1004, 1077, 1099

HB 1501--Public Officers and Employees; Vacancies in Office;

procedures for filling, notification, requirements

1058, 1064,

1532, 1539, 1824, 1860, 1991

HB 1502--Talbot County; Sheriff; deputy, compensation

320,

326, 1135, 1140

HB 1503--Insurance; Amend Various Code provisions

1058, 1065,

1771, 1778, 1998, 2240, 2263

HB 1507--Comptroller General; Change title to Insurance

Commissioner throughout Code

593, 597, 1201,

1297, 1454, 1507

HB 1508--Retirement and Pensions; Insurance Commissioner;

correct title. .............................. 594, 597, 1201, 1297, 1455, 1512

HB 1509--Lyons, City of; Recorder's Court; appeals

320, 326, 1135, 1140

HB 1510--Mitchell County; Education Board; appoint

school superintendent ................................. 320, 326, 395, 399

HB 1511--Oconee County; Treasurer; governing authority

appoint .............................................. 320, 326, 366, 370

HB 1512--Oconee County; Oconee Utility Authority; name change,

selection of members .................................. 320, 326, 725, 730

HB 1513--St. Marys, City of; Corporate Limits; change

357, 363, 725, 730

HB 1514--Waycross, City of; School Board; remove mayor as

ex officio member ..................................... 320, 327, 472, 479

HB 1515--Waycross, City of; Education Board; remove city manager as

ex officio member ..................................... 320, 327, 472, 479

HB 1516--Walker County; Tax Commissioner; compensation ..................... 320,

327, 1135, 1140

HB 1517--Walker County; Superior Court Clerk; compensation

321,

327, 725, 730

HB 1518--Walker County; State Court; judge, solicitor, expenses ................. 321,

327, 725, 730

HB 1519--Walker County; Coroner; compensation

321, 327, 725, 731

HB 1521--Redevelopment Powers Law; Fulton County;

authorized to exercise ............................... 592, 599, 1202, 1209

HB 1522--Cobb County; Homestead Exemption; increase,

referendum ......................................... 357, 363, 1294, 1300

HB 1524--Blood Donors; patient may provide for scheduled

surgery...................................................... 1279, 1287

INDEX

2327

HB 1526--Local Government; Emergency Medical Vehicles; exempt

from insurance requirements, certain cases

1058, 1065,

1293, 1360, 1579, 1733

HB 1527--Columbia County; Commissioners; provide for

continuation ................................................... 357, 363

HB 1529--Monroe County; Grand Jury; arbitrate county disputes,

continue in force ...................................... 357, 363, 563, 566

HB 1530--Campaign and Financial Disclosure; Reports;

time for filing ............................... 1191, 1197, 1770, 1778, 1999

HB 1531--Stephens County; Development Authority;

continue in force .................................... 357, 363, 1000, 1008

HB 1532--Alcoholic Beverages; minors, consumption in home,

change drinking age to 21...................... 504, 515, 724, 835, 879, 905

HB 1533--Eleanor, Town of; Incorporation; repeal Act ............. 357, 363, 563, 566

HB 1534--Forsyth, City of; Corporate boundaries include

certain areas.......................................... 357, 363, 563, 566

HB 1535--Jasper County; Industrial Development Authority;

continue in force .................................... 357, 363, 1294, 1300

HB 1536--Debt; Owed State Agencies; deemed uncollectable,

procedures ............................... 827, 831, 1067, 1136, 1454, 1502

HB 1538--Insurance; Fair Access Requirements; extend operation

of chapter, annual reports required ........................ 551, 558, 1068,

1136, 1217, 1263, 1422, 1456, 1530, 1646, 1900, 1911

HB 1539--Ad Valorem Tax; Returns; past due penalties, utilities,

airlines, exempt certain homesteads .............................. 827, 831,

1067, 1136, 1217, 1250, 2143

HB 1540--Cobb County; Commissioners compensation ........... 357, 364, 1435, 1440

HB 1541--Driver's License; Notices by Mail; requirements ................... 501, 515,

1772, 1779, 1998, 2183, 2256

HB 1544--Courts; Jury Duty; exempt women breast

feeding a child...................................... 856, 861, 1433, 1535

HB 1545--Real Estate; Brokers, Salespersons; licensing,

qualifications, education .............. 466, 468, 866, 1004, 1077, 1100, 1194

HB 1546--Kingsland, City of; Development Authority;

continue in force ...................................... 358, 364, 725, 731

HB 1547--Camden County; Business License Tax; impose

in unincorporated areas................................ 358, 364, 725, 731

HB 1548--Camden County; Education Board; election of members,

continue in force ...................................... 358, 364, 725, 731

HB 1549--Counties; Health Boards; liability immunity, criminal

records checks provisions ............................... 1343, 1347, 1548,

1550, 1824, 1912

HB 1550--Public Officers and Employees; Auditor and Certain

State Officials; increase salary ........................ 358, 362, 1134, 1206,

1312, 1367, 1378, 1514, 1520, 1703, 1734, 1908, 1956, 1958, 2041, 2111, 2142,

2263, 2281

HB 1551--Minors; Child Custody; visitation rights of noncustodial

parents .......................... 1118, 1125, 1548, 1550, 1825, 1919, 2278

HB 1552--Chatham County; Officials; compensation................... 358, 364, 1202,

1210, 1213, 1215, 1216, 1766

HB 1554--Chatham County; Officials; compensation.............. 388, 393, 1773, 1783

HB 1556--Insurance; Farmers' Mutual Fire Companies;

maximum loss amounts retained........................... 594, 597, 1201,

1297, 1578, 1699

HB 1557--Cobb County; Sheriff; chief deputy and chief investigator,

salary .............................................. 388, 393, 1992, 1993

2328

JOURNAL OF THE SENATE

HB 1559--Fulton County; Homestead Exemption;

referendum ........................................... 592, 599, 833, 841

HB 1560--Education; County Systems; authorize school bus use

for other purposes ................... 594, 597, 998, 1073, 1155, 1183, 1285

HB 1561--Schools; Disciplinary Tribunals; exempt primary

grade children ...................... 826, 831, 1133, 1206, 1312, 1367, 1375

HB 1562--Eastern Judicial Circuit; Judges Pro Hac Vice;

designation, continue in force

551, 559, 1135, 1140

HB 1563--Chatham County; Education board; ad valorem tax

exemption, continue in force

463, 469, 602, 607

HB 1564--Chatham County; West Chatham County; hospital

authority, continue in force ............................ 463, 470, 602, 607

HB 1565--Chatham County; Homestead Exemption;

continue in force...................................... 464, 470, 602, 607

HB 1566--Chatham County; Ordinances, Business License Tax;

continue in force ...................................... 464, 470, 602, 607

HB 1567--Chatham County; Civil Service System;

continue in force ...................................... 464, 470, 602, 607

HB 1568--Chatham County; Property Tax; commissioners' authority;

continue in force ...................................... 464, 470, 602, 608

HB 1569--Chatham County; Street, Sidewalk Maintenance;

continue in force .................................... 464, 470, 1135, 1140

HB 1570--Teachers Retirement; Contributions to System; exclude

appropriations to State Board ................................... 551, 558,

1069, 1137, 1217, 1262

HB 1571--Guardian and Ward; Petition for sale of ward's property,

service on guardian if ward under 14 .......................... 1058, 1065,

1771, 1779, 1999

HB 1572--Municipalities; Charter Repeal; local law for repeal,

county succession to powers................................ 594, 598, 725,

836, 879, 981, 1122

HB 1573--Property; State; inventory by DOAS, items over $500,

listed by agencies .................................... 594, 598, 866, 1004,

1218, 1312, 1331, 1423

HB 1579--Municipalities; Alcoholic Beverage Sales; regulated

by local ordinance, certain cases .............................. 1036, 1055,

1133, 1206, 1312, 1334, 1896

HB 1581--Fire Protection and Safety; Firemen Indemnification;

change definition.......................... 855, 861, 1202, 1297, 1367, 1386

HB 1582--Toombs County; Commissioners; change

compensation ....................................... 651, 659, 1135, 1140

HB 1584--Income Tax; Retirement Income; increase amount

excluded from taxation, recoupment ........................... 1119, 1125,

1357, 1437, 1824, 1889, 2277

HB 1587--Oconee County; Education Board; elections,

continue in force...................................... 464, 471, 725, 731

HB 1588--Morgan County; Business License Tax; unincorporated

areas................................................. 464, 471, 725, 731

HB 1589--Appalachian Judicial Circuit; Court Terms;

change times ........................... 1119, 1125, 1357, 1437, 1824, 1918

HB 1590--Augusta, City of; City Council; abolish offices, set

elections ........................... 465, 471, 1533, 1553, 1572, 1577, 1991

HB 1591--Certificate of Need; Health Planning Review Board;

appeals, planning agency no judicial review, outpatient

clinics exempt ...................................... 856, 861, 1134, 1206

INDEX

2329

HB 1592--Retirement and Pensions; Public Retirement Systems

Code provisions; military credit limitations

1123, 1125,

1294, 1360, 1454, 1466, 1473, 1766

HB 1594--Insurance; Property; homeowners, tire replacement,

underwriters, surety insurers .................................... 594, 598,

1201, 1298, 1367, 1454, 1456, 1768

HB 1596--Butts County; Superior Court Clerk; compensation

465,

471, 1000, 1008

HB 1602--Courts; Traffic Fines; clerks retain fee for forwarding

records...................................................... 1249, 1263

HB 1603--Richmond County; School Superintendent; term of office,

appointed by Education Board

499, 516, 1000, 1008

HB 1604--Henry County; Probate Court Judge and Officials;

compensation ....................................... 499, 516, 1000, 1009

HB 1606--Henry County; Motor Vehicle Registration; staggered

tag sales, referendum ................................ 592, 599, 1000, 1009

HB 1607--Henry County; Ad Valorem Tax Exemption; elderly,

disabled ................................. 499, 516, 1533, 1553, 1573, 1577,

1701, 1718, 1762, 1842, 2187, 2280

HB 1608--Henry County; Coliseum Authority; create........................ 500, 516

HB 1609--Henry County; Business License Tax; continue ....................... 500,

516, 1773, 1783

HB 1610--Professions and Businesses; Used Cars; rebuilders,

salvage dealers, repeal out-of-state buyer's card ...................... 1118,

1126, 1294, 1360, 1454, 1508

HB 1611--Augusta, City of; Council; no authority to change

election districts ............................................... 500, 516

HB 1613--Houston County; Commissioners; redevelopment powers,

referendum ........................................... 500, 516, 833, 841

HB 1618--Local Government; Bond Issues; street improvements,

cities over 150,000, continue in force ........................... 1337, 1350,

1773, 1783

HB 1619--Atlanta, City of; Bonds, Revenue; water and sanitation

system, continue in force .......................... 1337, 1350, 1773, 1783

HB 1620--Fulton County; Schools; property to Atlanta upon

annexation, continue in force....................... 1337, 1350, 1773, 1784

HB 1621--Fulton County; School Bonds; Atlanta assume county's

debt upon annexation, continue .................... 1337, 1350, 1773, 1784

HB 1622--Atlanta, City of; Bond Debt; maximum limit, continue

in force .......................................... 1337, 1350, 1773, 1784

HB 1623--Atlanta, City of; Bonds, Water, Sewer Projects; no

referendum required, continue in force

... 1337, 1350, 1773, 1784

HB 1624--Atlanta, City of; Municipal Court System; authorize,

cities over 300,000, continue in force ................ 1337, 1350, 1773, 1785

HB 1625--Atlanta, City of; Bonds, School; certain issue without

referendum, continue in force ...................... 1338, 1351, 1773, 1785

HB 1626--Atlanta, City of; Bonds, Municipal; certain issue

without referendum, continue ...................... 1338, 1351, 1773, 1785

HB 1627--Atlanta, City of; Bonds, School Equipment; issue

without referendum, continue in force............... 1415, 1423, 1773, 1785

HB 1628--Atlanta, City of; Historic Zones; establish, zoning,

continue in force .................................. 1338, 1351, 1773, 1786

HB 1629--Atlanta, City of; Building Demolition; authority, cities

over 400,000, continue in force ..................... 1338, 1351, 1773, 1786

HB 1630--Atlanta, City of; Ad valorem tax levy; to retire revenue

bond debt, continue in force ....................... 1338, 1351, 1773, 1786

2330

JOURNAL OF THE SENATE

HB 1631--Atlanta, City of; Bonds, Revenue; issue for parking lot construction, continue in force ..................... 1338, 1351, 1773, 1786
HB 1633--Fulton County; Public Libraries; authorize county-wide system, continue in force .......................... 1338, 1351, 1773, 1787
HB 1634--Redevelopment Powers Law; Atlanta, DeKalb and Fulton; authority to implement..................... 1338, 1352, 1773, 1787
HB 1636--Atlanta, City of; Community Improvement Districts; create .............................................. 986, 995, 1294, 1300
HB 1638--Corrections; Inmates; education programs, payment of medical expenses incurred ................................. 594, 598, 866, 1004, 1454, 1495, 1701, 1738, 1832, 1850, 2244, 2279
HB 1640--Perry, City of; Industrial Building Authority; continue in force ...................................... 554, 559, 834, 842
HB 1641--Perry, City of; Redevelopment Powers; issue tax allocation bonds, referendum ........................... 554, 559, 834, 842
HB 1642--Fulton County; Commission; compensation of members ......................................... 1902, 1910, 1992, 1993
HB 1643--Adoption; Grandparents Visitation Rights; exceptions........................................ 1120, 1126, 1770, 1779
HB 1644--Superior Courts; Civil Procedures; fees, costs, filings, office hours ......................................... 654, 659, 1532, 1539, 1824, 1872, 2165, 2186
HB 1645--Savannah, City of; Bonds; street, drainage improvements, no referendum, continue in force ..................... 554, 560, 1135, 1141
HB 1646--Savannah, City of; Bonds; street, drainage improvements, no referendum, continue in force ..................... 554, 560, 1135, 1141
HB 1647--Savannah, City of; Downtown Savannah Authority; continue in force.................................... 554, 560, 1135, 1141
HB 1648--Savannah, City of; Savannah Airport Commission; continue in force .................................... 555, 560, 1135, 1141
HB 1651--Muscogee County; Columbus-Muscogee County Consolidated Government; ethics violations ........................... 555, 560, 1294, 1301
HB 1652--Houston County; School District; ad valorem taxation, continue in force.................................... 500, 517, 1358, 1363
HB 1653--General Assembly; Legislative Educational Research Council; abolish..................................... 827, 831, 1133, 1206, 1312, 1367, 1375
HB 1654--Roswell, City of; Councilmen, Mayor; vacancies in office ............................................ 986, 995, 1203, 1210
HB 1658--Ad Valorem Tax; exempt personal property under $1000, referendum ..................................... 1342, 1347, 1532, 1539, 1579, 1730, 1897
HB 1660--Newton County; Education Board; chairman, provisions .......................................... 553, 560, 1294, 1301
HB 1661--Clarke County; District Attorney; certain staff positions permanent ........................................... 553, 560, 725, 731
HB 1662--Education; School Bus Drivers; increase minimum salaries .............. 856, 861, 1133, 1206, 1312, 1367, 1384, 1696
HB 1664--Ware County; Commissioners; compensation of chairman and members ......................................... 553, 561, 664, 670
HB 1665--Ware County; Office of County Manager; continue in force .............................................. 554, 561, 664, 670
HB 1666--Ware County; Sheriff, County Police; powers, continue in force ...................................... 554, 561, 664, 670
HB 1667--Ware County; Tax Levy; to promote new industry, continue in force...................................... 554, 561, 664, 670

INDEX

2331

HB 1668--Waycross, City of; Downtown Development Authority;

continue in force ...................................... 554, 561, 664, 670

HB 1669--Waycross, City of; Water Works System; bonded

indebtedness, continue in force ......................... 553, 561, 664, 670

HB 1670--Waycross, City of; Commission; election districts

553,

561, 664, 670

HB 1671--Waycross, City of; Tax Levy; to promote new industry,

continue in force ...................................... 553, 562, 664, 670

HB 1672--Ware County; Development Authority, Waycross

and Ware County; continue in force

553, 562, 664, 671

HB 1673--Pickens County; Commissioner; compensation

592,

599, 1000, 1009

HB 1677--Greene County; Development Authority; membership

592,

599, 725, 731

HB 1679--East Point, City of; Business and Industrial

Development Authority; membership

986, 995, 1294, 1301

HB 1680--Valdosta, City of; Corporate Limits; redefine ............ 593, 599, 664, 671

HB 1682--Agriculture; Boll Weevil Eradication; cotton growers'

organization borrow funds .................. 826, 831, 998, 1073, 1217, 1249

HB 1684--Local Government; Retirement Systems; investment of

funds, conditions, powers ............................... 1282, 1287, 1434,

1535, 1824, 1827, 1898

HB 1685--DeKalb County; State Court; additional assistant

solicitors ........................................... 593, 599, 1435, 1440

HB 1686--Georgia Development Authority; Recreate; powers,

agricultural development loans .................................. 989, 994,

1200. 1298, 1454, 1473, 1767

HB 1687--Dental Hygienists; regulation of duties ......................... 1282, 1288,

1433, 1535, 1578, 1668

HB 1688--Superior Courts; Clerks; vacancies in office,

appointments, special elections ................................ 1344, 1347,

1770, 1779, 1999

HB 1689--Austell, City of; Homestead Exemption;

continue in force .................................... 651, 659, 1203, 1210

HB 1690--Acworth, City of; Downtown Development Authority;

continue in force ...................................... 593, 599, 725, 731

HB 1691--Austell, City of; Ad Valorem Taxes; prompt payment

discount, continue in force ........................... 651, 660, 1358, 1363

HB 1692--Austell, City of; Homestead Exemption;

continue in force .................................... 651, 660, 1203, 1210

HB 1693--Education; Public School Employees, Retired; health

insurance, dependent coverage................................... 989, 994,

1201. 1298, 1368, 1454, 1461

HB 1695--General Assembly; Members; interim air travel

expense reimbursement..................... 654, 659, 999, 1073, 1155, 1174

HB 1696--Superior Courts; Judges; education expense

reimbursement, secretaries' salaries .............................. 989, 994,

1208, 1434, 1535, 1578, 1657, 1897

HB 1698--Chatham County; Commissioners; provide transit

services ....................... 651, 660, 1135, 1141, 1143, 1154, 1769, 1814

HB 1699--Chatham County; Chatham Area Transit Authority;

create, repeal Savannah Transit Authority........................ 651, 660,

1135, 1141, 1143, 1154, 1769, 1814

HB 1701--Newton County; Business Licenses; sports activities,

taxes, continue in force .............................. 651, 660, 1294, 1301

HB 1702--Newton County; Tax Assessments; bills, notices,

payments, continue in force .......................... 652, 660, 1295, 1301

2332

JOURNAL OF THE SENATE

HB 1703--Newton County; Ordinances; enforcement, continue in force.................................... 652, 661, 1295, 1301
HB 1704--Newton County; Sewer, Water, Sanitation, Landfill, Fire Districts; continue in force ...................... 652, 661, 1295, 1301
HB 1710--Cherokee County; Education Board; appointment of chairman ........................................... 652, 661, 1000, 1009
HB 1711--Carrollton, City of; Corporate Limits; de-annexation, exclude certain property ............................. 652, 661, 1000, 1009
HB 1712--Transportation; Public Hearings; facility, site, project corridor, design plans, consolidate ............................. 1059, 1065,
1434, 1535, 1578, 1724 HB 1713--Transportation; Tollway Authority; federal
contributions certain projects.................................... 989, 994, 1434, 1535, 1578, 1725
HB 1714--Traffic Courts; senior judge, cities over 300,000 population........................................ 1338, 1352, 1773, 1787
HB 1717--Collins, City of; Mayor; terms of office, referendum ........................................... 652, 661, 868, 877
HB 1720--Forsyth County; Commissioners; expense allowance .......................................... 652, 661, 1358, 1363
HB 1721--Forsyth County; Civil Service System; continue in force.................................... 652, 662, 1358, 1363
HB 1722--Decatur, City of; Homestead Exemption; residents 65 or over, referendum ...................................... 653, 662, 1533, 1553, 1574, 1577, 1767
HB 1723--Videotapes; Recorded Material; unlawful reproduction, sales, penalties........................................... 989, 994, 1294, 1361, 1824, 1863, 2039, 2127
HB 1724--Chattahoochee County; Sheriff; operating expenses .................... 713, 721. 1000, 1009
HB 1727--Garden City; corporate limits ........................ 713, 721, 1135, 1141 HB 1728--Lincoln County; Tax Commissioner; compensation,
expenses ........................................... 713, 721, 1000, 1009 HB 1729--Tri-County Water Authority; Create; Columbia,
McDuffie, Lincoln Counties .......................... 713, 721, 1435, 1440 HB 1730--Lincoln County; Education Board; elections, districts,
vacancies, referendum ............................... 714, 722, 1000, 1009 HB 1731--Lincoln County; Commissioners; composition, elections,
terms, districts, county attorney ...................... 714, 722, 1000, 1009 HB 1733--Helen, City of; City Council; changed to City
Commission .......................................... 714, 722, 868, 877 HB 1735--Hiram, City of; Councilmen; elections, terms............. 714, 722, 868, 877 HB 1736--Richmond County; Business and Tourism; advertising
and promotion, continue in force ..................... 714, 722, 1533, 1553 HB 1737--Richmond County; Garbage, Refuse Facilities;
incinerators, bonds, continue in force ................. 714, 722, 1533, 1553 HB 1738--Washington County; Homestead Exemption; persons
65 and over, referendum ............................. 714, 722, 1533, 1553 HB 1739--Washington County; Homestead Exemption; school
district ad valorem taxes, referendum ................................ 714, 722. 1533, 1553
HB 1740--Jeffersonville, City of; Mayor and Council, terms of office ...................................... 714, 723, 1135, 1142
HB 1742--Property; Public; judicial relief for governmental units, define real estate........................ 1282, 1288, 1532, 1539, 1825, 1925
HB 1743--Ware County; Coroner; compensation ................. 714, 723, 1000, 1010

INDEX

2333

HB 1744--Cherokee Judicial Circuit; Assistant District Attorney; duties, compensation, expenses ......................... 715, 723, 868, 877
HB 1747--Griffin, City of; Development Authority, continue in force .................................... 715, 723, 1358, 1363
HB 1748--Insurance; Health Maintenance Organizations; regulation as insurers, rates ............................. 1059, 1065, 1201, 1298, 1368, 1454, 1460
HB 1749--Cobb County; Superior Court; clerk and deputy, compensation ....................................... 715, 723, 1435, 1440
HB 1750--Cobb County; State Court; change certain costs ....................... 715, 723, 1435, 1441
HB 1751--Superior Courts; Habeas corpus; inmate proceedings held at county penal institutions .............................. 1059, 1066, 1357, 1437, 1578, 1656
HB 1752--Monroe County; Industrial Development Authority; continue in force...................................... 715, 723, 868, 878
HB 1755--Jackson, City of; Mayor and Council; election districts, terms, qualifications, vacancies ....................... 825, 832, 1203, 1210
HB 1756--Toombs County; State Court; compensation, judge, solicitor, clerical assistance ........................... 825, 832, 1135, 1142
HB 1757--Health; County boards; membership composition, Atlanta in DeKalb provision ..................... 1191, 1197, 1435, 1535, 1579, 1742
HB 1758--Brantley County; Superior Court Clerk, Probate Judge, Tax Commissioner; compensation..................... 825, 832, 1295, 1302
HB 1760--Cairo, City of; Mayor, Council; qualifications, elections, districts, ex officio mayor ............................ 825, 832, 1295, 1302
HB 1761--Miller County; Education Board; districts ............. 825, 833, 1000, 1010 HB 1762--Miller County; State Court; judge and solicitor
salary .............................................. 825, 833, 1000, 1010 HB 1763--Warner Robins, City of; Redevelopment Powers;
authority, referendum ............................... 826, 833, 1135, 1142
HB 1764--Camilla, City of; Councilmen; voting districts, elections ........................................... 826, 833, 1000, 1010
HB 1765--Jefferson County; Ad Valorem Taxes; early payment discount, continue in force ........................... 852, 861, 1203, 1210
HB 1766--Upson County; School Taxes; homestead exemption, referendum ......................................... 852, 862, 1203, 1210
HB 1767--DeKalb County; Garbage, Solid Waste Disposal; collection contracts, continue in force ................................ 986, 995, 1435, 1441
HB 1768--Cobb County; Fire Protection Districts; continue in force.................................... 852, 862, 1435, 1441
HB 1769--Marietta, City of; Bonded Indebtedness for Education; continue in force .................................... 852, 862, 1435, 1441
HB 1770--Cobb County; Solid Waste Facilities; bonds, continue in force .................................... 852, 862, 1435, 1441
HB 1771--Marietta, City of; Downtown Development Authority; continue in force .................................... 853, 862, 1435, 1441
HB 1772--Marietta, City of; Water, Sewer and Electric Systems; bonds, continue in force ............................. 853, 862, 1435, 1441
HB 1773--Cobb County; Civil Service System; continue in force .................................... 853, 863, 1435, 1442
HB 1774--Cobb County; Medical Examiner; continue in force.................................... 853, 863, 1435, 1442
HB 1775--Cobb County; Sewerage System; bonds, continue in force .................................... 853, 863, 1435, 1442

2334

JOURNAL OF THE SENATE

HB 1776--Cobb County; School Superintendent; appointment,

continue in force .................................... 853, 863, 1435, 1442

HB 1777--Powder Springs; Downtown Development Authority,

continue in force .................................... 853, 863, 1435, 1442

HB 1778--Cobb County; Ordinances; penalties,

continue in force .................................... 853, 863, 1435, 1442

HB 1779--Cobb County; Assets and Obligations; abolished

municipalities, continue in force ...................... 854, 863, 1435, 1443

HB 1780--Austell, City of; Homestead Exemption;

continue in force .................................... 987, 995, 1203, 1210

HB 1781--Cobb County; Education Board; districts,

continue in force .................................... 854, 864, 1435, 1443

HB 1782--Cobb County; Alcoholic Beverages; tax revenue for

education, continue in force .......................... 854, 864, 1435, 1443

HB 1784--Banking and Finance; Trust Powers; bank transfers

to affiliated trust companies................ 988, 994, 1357, 1437, 1577, 1582

HB 1785--Ad Valorem Tax; County Tax Assessor Boards,

membership; nonpayment penalties new homeowners

.... 1279, 1288,

1548, 1550, 1825, 1956, 2043, 2176

HB 1786--Marietta, City of; Homestead Exemption; ad valorem

taxes, referendum ................................... 854, 864, 1435, 1443

HB 1787--Columbus, City of; Mayor, Councilmen; vacancies ................. 854, 864,

1203, 1211, 1214, 1215, 1216, 1345

HB 1788--Harris County; Education Board; districts,

composition ........................................ 987, 996, 1295, 1302

HB 1789--Carroll County; Civil Service Board; composition,

terms, officers, appeals.......................................... 854, 864,

1203, 1211, 1214, 1215, 1216, 1423

HB 1791--Americus, City of; Municipal Elections; date .......................... 854,

864, 1069, 1076

HB 1792--Savannah, City of; Corporate Limits; taxes and

charges, annexed areas .............................. 854, 864, 1135, 1142

HB 1793--Courts; Eminent Domain Proceedings; costs, attorneys

fees, payment provisions ...................................... 1123, 1126

HB 1794--Crimes and Offenses; Child Custody; interstate

interference, expired visitation rights. ............................... 1016,

1017, 1548, 1550, 1824, 1885, 2039

HB 1795--Summertown, City of; Corporate Limits; charter,

incorporation, powers................................ 855, 865, 1203, 1211

HB 1796--Putnam County; Education Board; compensation and

per diem ........................................... 855, 865, 1135, 1142

HB 1809--Colquitt County; Commissioners Board; composition,

elections, districts, compensation ................................ 987, 996,

1295, 1302, 1311, 1422

HB 1810--Colquitt County; Education Board; compensation and

expense allowances .................................. 855, 865, 1203, 1211

HB 1811--Colquitt County; Education Board; composition,

elections, districts, referendum .................................. 987, 996,

1203, 1211, 1215, 1216, 1422

HB 1815--Telfair County; County Officers; ineligibility to hold

office, continue in force .............................. 855, 865, 1203, 1211

HB 1816--Macon, City of; Macon-Bibb County Transit Authority;

board members, insurance ...................................... 855, 865,

1533, 1554, 1575, 1577, 1767

HB 1818--Criminal Procedure; Indigent Legal Defense; action

for damages against attorney, physician prohibited

1283, 1288, 1433,

1535, 1824, 1834

INDEX

2335

HB 1819--Floyd County; Homestead Exemption; school district, certain elderly, referendum........................... 987, 996, 1295, 1302
HB 1820--Rome, City of; Homestead Exemption; independent school district, referendum ........................... 987, 996, 1295, 1302
HB 1821--Floyd County; Homestead Exemption; ad valorem tax, 65 years or older, referendum ........................ 987, 996, 1295, 1302
HB 1822--Eastman, City of; Dodge County-Eastman Development Authority; continue in force ........................ 1339, 1352, 1773, 1788
HB 1823--Dodge County; Education Board; election districts, continue in force .................................. 1653, 1654, 1773, 1788
HB 1824--Eastman, City of; Corporate Limits ................. 1339, 1352, 1773, 1788 HB 1825--Chattooga County, Trion; Education; local sales tax
proceeds, allocation formula.......................... 987, 996, 1135, 1142 HB 1826--Chattooga County; State Court; judge, private practice
of law, solicitor's qualifications ....................... 987, 997, 1135, 1142 HB 1827--Moultrie, City of; Corporate Limits; councilman
qualifications, voting in zoning matters................ 988, 997, 1203, 1211 HB 1828--Jenkins County; Motor Vehicle Registration;
staggered tag sales .................................. 988, 997, 1203, 1211 HB 1833--Vidalia, City of; School District; board of education
powers, referendum ................................. 988, 997, 1135, 1142 HB 1834--Upson County; Superior Court Clerk; annual
salary .............................................. 988, 997, 1358, 1363 HB 1835--Lake Lanier Islands Development Authority; Venue
of Actions; Superior Court of Hall County...................... 1118, 1126, 1357, 1437, 1578, 1730
HB 1837--DeKalb County; Special Services Tax Districts; continue in force .................................... 988, 997, 1435, 1443
HB 1838--Richmond County; Education Board; compensation of members and officers ........................................... 988, 997
HB 1839--Housing Authorities; Eligible Housing Units; define .................................. 1282, 1288, 1435, 1536, 1579, 1746
HB 1840--Marietta, City of; Downtown Development Authority; enlarge district ..................................... 988, 998, 1992, 1993
HB 1841--DeKalb County; License Plates; staggered tag sales ............................................. 1059, 1066, 1435, 1443
HB 1843--State Patrol; Recruits and Cadets; clothing allowance, peace officer authority .................................. 1344, 1347, 1772, 1779, 1998, 2034, 2036, 2242, 2247
HB 1844--Barrow County; Commissioners; records, bids, purchases, sessions ................................ 1059, 1066, 1295, 1302
HB 1845--Barrow County; Airport Authority; create, successor to Winder-Barrow Airport Authority ................................ 1059,
1066. 1295, 1303 HB 1846--Early County; Development Authority;
continue in force .................................. 1059, 1067, 1203, 1212 HB 1847--Randolph County; Board of Commissioners;
recreate, elections ................................. 1059, 1067, 1203, 1212 HB 1848--Quitman County; Superior Court Clerk;
compensation ..................................... 1059, 1067, 1203, 1212 HB 1849--Webster County; Industrial Development Authority;
continue in force .................................. 1060, 1067, 1203, 1212 HB 1850--Burke County; License Plates; staggered tag sales .................... 1060,
1067. 1203, 1212 HB 1851--Muscogee County; License Plates; staggered tag
sales ............................................. 1113, 1127, 1295, 1303

2336

JOURNAL OF THE SENATE

HB 1852--Decatur, City of; Corporate Limits; change, enlarge and extend .................................................. 1113, 1127
HB 1853--Hall County; Business Licenses; unincorporated areas, continue in force.................................. 1113, 1127, 1295, 1303
HB 1854--Atlanta, City of; Urban Enterprise Zones; create, purposes, locations ........................................... 1339, 1352, 1773, 1788, 1797, 1812, 1899
HB 1855--Smyrna, City of; Homestead Exemption; ad valorem taxes, disabled residents ................................. 1113, 1127, 1773, 1788
HB 1856--Smyrna, City of; Homestead Exemption; ad valorem taxes, certain residents .................................. 1113, 1127, 1773, 1788
HB 1857--Gwinnett County; Education Board; compensation ................... 1114, 1127, 1295, 1303
HB 1858--Gwinnett County; State Court Judge and Solicitor; compensation ..................................... 1114, 1127, 1358, 1363, 1365, 1367, 1697, 1717, 1832, 1871, 1903, 1956
HB 1859--Gwinnett County; Merit System of Employment; continue in force.................................. 1114, 1128, 1295, 1303
HB 1860--Gwinnett County; Business License Tax; franchises, waste collection, ambulance, cable TV ......................... 1114, 1128, 1295, 1303
HB 1861--Gwinnett County; Garbage Disposal; sanitation districts, landfills, continue in force ................. 1114, 1128, 1295, 1303
HB 1862--Gwinnett County; Industrial Building Authority; continue in force.................................. 1114, 1128, 1295, 1303
HB 1863--Gwinnett County; Education Board; elections, appoint superintendent, continue in force ................... 1114, 1128, 1295, 1304
HB 1864--Gwinnett County; Ordinances; speed limits, weight limits, truck routes, continue in force ............... 1115, 1128, 1295, 1304
HB 1865--Gwinnett County; Education Board; chairman, terms of office .................................... 1115, 1129, 1295, 1304
HB 1866--Gwinnett County; Water, Sanitation, Sewerage, Fire Protection; taxation, continue in force ..................... 1115, 1129, 1295, 1304
HB 1867--Gwinnett County; Fire Protection and Sewerage Districts; continue in force ......................... 1115, 1129, 1295, 1304
HB 1868--DeKalb County; State Court; change certain fees .................. 1115, 1129, 1435, 1444
HB 1869--Hart County; Coroner; compensation. ............... 1115, 1129, 1773, 1789 HB 1870--Chattooga County; Hospital Authority; vacancies ..................... 1115,
1129. 1435, 1444
HB 1871--Chattooga County; Development Authority; powers, duties, continue in force ........................... 1115, 1129, 1435, 1444
HB 1872--Forsyth County; Water and Sewerage Authority; abolish, transfer rights to county ................... 1115, 1129, 1358, 1364
HB 1873--Etowah-Forsyth Water Authority; members, appointment...................................... 1116, 1130, 1358, 1364
HB 1877--Chatham County; Magistrate Court; judge emeritus, additional magistrates, compensation....................... 1116, 1130. 1773, 1789
HB 1880--Metter-Candler County Airport Authority; create ............................................ 1116, 1130, 1358, 1364
HB 1881--DeKalb County; Land Use Study Commission; re-create, study DeKalb and metro Atlanta ..................... 1116, 1130, 1435, 1444
HB 1883--Bibb County; Macon; Zoning and Planning Rules; continue in force .................................. 1116, 1130, 1773, 1789

INDEX

2337

HB 1884--Bibb County; Macon-Bibb County Board of Health; regulations, continue in force....................... 1116, 1130, 1773, 1789
HB 1885--Bibb County; Macon-Bibb County Industrial Authority; continue in force .................................. 1116, 1130, 1773, 1789
HB 1886--Bibb County; Macon-Bibb County Consolidation; continue in force.................................. 1116, 1131, 1773, 1789
HB 1887--Garden City; corporate limits ................................. 1119, 1131 HB 1888--Property; Public; inventory, transfer duties to State
Properties Commission ................................. 1282, 1288, 1532, 1539, 1825, 1958
HB 1889--Rossville, City of; Tax Assessor Office; abolish ....................... 1116, 1131. 1435, 1444
HB 1890--Tallapoosa; Development Authority; continue in force.................................. 1117, 1131, 1203, 1212
HB 1891--Haralson County; County Courthouse Facilities; contracts for lease, continue in force ........................... 1117, 1131, 1203, 1212
HB 1892--Waco, City of; Waco Development Authority; continue in force .................................. 1117, 1131, 1203, 1212
HB 1894--Cartersville, City of; Development Authority; continue in force.................................. 1117, 1131, 1203, 1212
HB 1895--Adairsville, City of; Development Authority; continue in force .................................. 1117, 1131, 1203, 1212
HB 1897--Gwinnett County; Merit System Board; executive secretary, personnel director, meetings .............................. 1117, 1132. 1295, 1304
HB 1898--Cobb County; Water Authority; bonding limits, compensation, vacancies, bids ...................... 1117, 1132, 1992, 1993
HB 1899--Troup County; School Districts; define, voter referendum ....................................... 1117, 1132, 1435, 1444
HB 1901--Bibb County; Treasurer's Office; abolish............. 1117, 1132, 1773, 1789 HB 1902--Bibb County; Macon-Bibb County Urban Development
Authority; continue in force........................ 1118, 1132, 1773, 1790 HB 1903--Floyd County; Board of Elections; create ............ 1118, 1132, 1295, 1304 HB 1904--Statesboro, City of; Downtown Statesboro Development
Authority; continue in force ........................ 1118, 1132, 1358, 1364 HB 1905--Hall County; Motor Vehicle Registration; staggered
tag sales ......................................... 1118, 1132, 1295, 1304 HB 1907--Cobb County; State Court; Judges, compensation .................... 1192,
1197, 1435, 1444 HB 1908--Haralson County; Water Authority; composition,
terms, vacancies, quorum .......................... 1189, 1198, 1358, 1364 HB 1909--Jackson County; Board of Education; election, school
superintendent, continue in force ................... 1189, 1198, 1358, 1364 HB 1910--Jackson County; West Jackson Fire District;
continue in force .................................. 1189, 1198, 1358, 1364 HB 1911--Jackson County; Industrial Development
Authority; continue in force ........................ 1189, 1198, 1358, 1364 HB 1912--Jackson County; Georgia Bureau of Investigation;
jurisdiction, continue in force ...................... 1189, 1198, 1358, 1364 HB 1913--Tift County; Board of Commissioners; composition,
districts, elections, sessions......................... 1192, 1198, 1435, 1445 HB 1914--Tift County; Board of Education; composition,
districts, elections, qualifications.................... 1192, 1198, 1435, 1445 HB 1915--Turner County; Sheriff; compensation............... 1189, 1198, 1435, 1445
HB 1916--Turner County; Development Authority; continue in force.................................. 1190, 1199, 1435, 1445

2338

JOURNAL OF THE SENATE

HB 1917--Motor Vehicles and Traffic; Driver's License; renewal test, habitual violators, nolo contendere pleas ................... 1279, 1289, 1772, 1779, 1998, 2178, 2257
HB 1918--Butts County; Tax Commissioner; compensation ..................................... 1190, 1199, 1773, 1790
HB 1919--Clarke County; Coroner; compensation .............................. 1190, 1199, 1533, 1554, 1576, 1577, 1741, 1756
HB 1922--Douglas County; Magistrate's Court; chief magistrate, compensation ..................................... 1190, 1199, 1533, 1554
HB 1923--Douglas County; Motor Vehicle Registration; staggered tag sales, referendum .............................. 1190, 1199, 1533, 1554
HB 1924--Bibb County; Motor Vehicle Registration; staggered tag sales, referendum .............................. 1190, 1199, 1773, 1790
HB 1925--DeKalb County; Firemen, County and Municipal; repeal Act on required duty hours ........................ 1190, 1199, 1435, 1445
HB 1926--DeKalb County; Firemen, County and Municipal; repeal Act on required duty hours ........................ 1190, 1199, 1435, 1445
HB 1928--Houston County; School System; local sales and use tax allocation, continue in force .................... 1190, 1200, 1358, 1365
HB 1929--Cobb County; State Court; solicitor, assistant solicitors, compensation............................ 1191, 1200, 1435, 1445
HB 1930--Allentown, City of; new charter ................... 1280, 1290, 1773, 1790 HB 1931--Landlord and Tenant; Mobile Home, Trailer,
Transportable Housing; removal upon dispossessory writ.............. 1344, 1348, 1771, 1779, 1999
HB 1932--Commerce, City of; Corporate Limits; city manager, school tax, school board compensation .............................. 1191,
1200, 1358, 1365 HB 1933--Austell, City of; New Charter; reincorporate .................... 1282, 1290,
1992, 1993, 1994, 1995, 2040 HB 1934--Marietta, City of; Councilmen; qualifications,
municipal court, probation office. ................... 1283, 1290, 1992, 1993 HB 1935--Marietta, City of; Corporate Limits; deannexation.................... 1283,
1291, 1435, 1446 HB 1936--Kennesaw, City of; Corporate Limits; related matters. ........... 1283, 1291 HB 1937--Kennesaw, City of; Corporate Limits; change ................... 1283, 1291 HB 1938--Sapelo Island Heritage Authority; Hog Hammock
Community; property transactions ............................. 1283, 1289, 1532, 1539, 1825, 1959
HB 1939--Summerville, City of; corporate limits .......................... 1280, 1291, 1773, 1790, 1797, 1812, 1899
HB 1941--Lawrenceville, City of; new charter ............................ 1283, 1291, 1773, 1790, 1798, 1812, 1899
HB 1942--Spalding County; Motor Vehicle Registration; staggered tag sales, referendum..................... 1280, 1291, 1773, 1790
HB 1943--Cedartown, City of; Development Authority; continue in force .................................. 1280, 1291, 1435, 1446
HB 1944--Peach County; Water and Sewerage Authority; create ............................................ 1280, 1291, 1358, 1365
HB 1945--Nunez, City of; new charter ........................ 1280, 1291, 1533, 1554 HB 1946--Gordon County; Coroner; compensation, deputy
coroner .......................... 1280, 1291, 1435, 1446, 1448, 1449, 1766 HB 1948--Carroll County; Education Board; compensation
and expenses ..................................... 1280, 1292, 1533, 1554 HB 1949--Catoosa County; Utilities Board; compensation
of members ...................................... 1280, 1292, 1773, 1790

INDEX

2339

HB 1950--Catoosa County; Elected Officials; hospitalization insurance, budgets, bids ........................... 1281, 1292, 1773, 1791
HB 1951--Catoosa County; Probate Court; clerical allowance. ................... 1281, 1292. 1773, 1791
HB 1952--Hazardous Materials; Asbestos, Hazardous Materials Removal Agency; Georgia Building Authority ................... 1343, 1348, 1432, 1536, 1577, 1583
HB 1953--Hazardous Materials; Asbestos, Hazardous Materials Liability Insurance Fund; cover state agencies .................. 1343, 1348, 1432, 1536, 1577, 1584, 1701, 1823, 2165, 2177
HB 1955--Comer, City of; mayor, term of office ............... 1415, 1423, 1533, 1555 HB 1956--Gwinnett County; Motor Vehicle Registration;
staggered tag sales, referendum..................... 1281, 1292, 1533, 1555 HB 1957--Bulloch County; Motor Vehicle Registration;
staggered tag sales, referendum..................... 1281, 1292, 1773, 1791 HB 1958--Douglas County; Douglasville-Douglas Water and
Sewer Authority; voting, compensation .............. 1281, 1292, 1533, 1555 HB 1959--Twiggs County; School Superintendents; appointment,
referendum ....................................... 1281, 1293, 1773, 1791 HB 1960--Ivey, City of; new charter .......................... 1281, 1293, 1773, 1791 HB 1961--Spalding County; Coroner; compensation ............ 1281, 1293, 1773, 1791 HB 1963--Cobb County Judicial Circuit; District Attorney,
Investigators; salary .......................................... 1281, 1293, 1435, 1446, 1449, 1768
HB 1964--Clarke County; State Court; judge, compensation .................... 1281, 1293. 1435, 1446
HB 1966--Effingham County; Motor Vehicle Registration; staggered tag sales ................................ 1339, 1352, 1773, 1791
HB 1967--Centerville, City of; Redevelopment Powers; referendum ....................................... 1339, 1352, 1773, 1791
HB 1968--Savannah, City of; Historic Zones; continue in force .................. 1339, 1353. 1773, 1792
HB 1970--Haralson County; School Taxes; tax commissioner, collection fees ............................ 1339, 1353, 1435, 1446
HB 1971--Lanier County; Lakeland-Lanier County Charter Commission; create................................ 1339, 1353, 1435, 1446
HB 1972--Chattooga County; Board of Commissioners; create, elections, referendum .............................. 1339, 1353, 1773, 1792
HB 1973--Walton County; Industrial Building Authority; continue in force.................................. 1340, 1353, 1533, 1555
HB 1975--Glynn County; Motor Vehicle Registration; staggered tag sales ................................ 1340, 1353, 1773, 1792
HB 1976--Catoosa County; Tax Commissioner; compensation, personnel. ........................................ 1415, 1423, 1773, 1792
HB 1978--Polk County; Motor Vehicle Registration; staggered tag sales, referendum .............................. 1340, 1353, 1435, 1447
HB 1980--Columbia County; Motor Vehicle Registration; staggered tag sales, referendum ................... 1340, 1353, 1435, 1447
HB 1981--Bulloch County; Commissioners; chairman, clerk and deputy clerk.................................. 1340, 1354, 1773, 1792
HB 1982--Carroll County; Education Board; elections ........................ 1340, 1354. 1533, 1555
HB 1983--Carroll County; Superior Court; clerk, compensation.................. 1340, 1354, 1533, 1555
HB 1984--Agriculture; Beef Labeling; certification, rules and regulations ......................... 1342, 1348, 1431, 1536, 1824, 1881

2340

JOURNAL OF THE SENATE

HB 1985--Butts County; Water, Sewer Authority; recreate

Butts County, Flovilla, Jackson, Jenkinsburg

Authority ........................................ 1340, 1354, 1773, 1792

HB 1986--Veterinarians; Records; confidentiality provisions

1343,

1348, 1432, 1536, 1579, 1740

HB 1987--Macon, City of; Redevelopment Powers; referendum

1340,

1354, 1773, 1792

HB 1988--Bibb County; Redevelopment Powers; referendum

1341,

1354, 1773, 1793

HB 1989--Worth County; Education Board; chairman, members,

compensation ..................................... 1341, 1354, 1773, 1793

HB 1990--Worth County; Education Board; elections, districts,

compensation, referendum

1415, 1423, 1773, 1793

HB 1991--Brooks County; Development Authority;

continue in force

1341, 1354, 1435, 1447

HB 1993--Jackson County; Motor Vehicle Registration;

staggered tag sales

...

1341, 1355, 1435, 1447

HB 1994--Banks County; Motor Vehicle Registration;

staggered tag sales ................................ 1341, 1355, 1773, 1793

HB 1995--Jackson County; Water and Sewerage Authority;

create............................................ 1341, 1355, 1435, 1447

HB 1996--Dalton, City of; Building Authority;

continue in force .................................. 1341, 1355, 1773, 1793

HB 1997--Screven County; Motor Vehicle Registration;

staggered tag sales, referendum..................... 1341, 1355, 1533, 1555

HB 1998--Emanuel County; Development Authority;

continue in force .................................. 1341, 1355, 1533, 1555

HB 1999--Stephens County; Commissioners; chairman and

members, compensation. ........................... 1341, 1355, 1435, 1447

HB 2000--Statesboro, City of; New Charter; create ....................... 1653, 1654,

1773, 1793

HB 2001--Human Resources; Public Assistance; no deduction,

job training income, summer program jobs ..................... 1343, 1348,

1548, 1550, 1825, 1960

HB 2004--Barrow County; Motor Vehicle Registration;

staggered tag sales ................................ 1415, 1424, 1773, 1793

HB 2005--Gordon County; Motor Vehicle Registration;

staggered tag sales, referendum................................ 1902, 1910

HB 2006--Whitfield County; Commissioners; election,

composition of board .............................. 1415, 1424, 1533, 1555

HB 2007--Rockmart; Development Authority; continue in force ................. 1415,

1424, 1533, 1556

HB 2008--Richland, City of; corporate limits .................. 1415, 1424, 1773, 1793

HB 2009--Mountain Judicial Circuit; District Attorney's

Investigator; compensation ......................... 1416, 1424, 1773, 1794

HB 2010--Cook County; Education Board; school superintendent,

elections, compensation ............................ 1416, 1424, 1533, 1556

HB 2011--Cook County; Commissioners; composition, elections,

districts .......................................... 1416, 1424, 1533, 1556

HB 2012--Cobb County; Cobb-Marietta Coliseum and Exhibit

Hall Authority; membership, bonding limits .................... 1416, 1424,

1992, 1994

HB 2013--Pelham, City of; Mayor, Council; elections,

districts, terms. ................................... 1416, 1425, 1533, 1556

HB 2014--Pelham, City of; Education Board; elections, terms,

composition, referendum ........................... 1416, 1425, 1533, 1556

INDEX

2341

HB 2016--Habersham County; Commissioners Board;

compensation ..................................... 1416, 1425, 1773, 1794

HB 2017--Bulloch County; Superior Court; clerk of court

personnel, compensation ........................... 1416, 1425, 1773, 1794

HB 2018--Bulloch County; Probate Court; compensation, clerk,

part-time employees............................... 1416, 1425, 1773, 1794

HB 2019--Bulloch County; Tax Commissioner; assistant,

part-time employees, compensation

1416, 1425, 1773, 1794

HB 2020--Bulloch County; Coroner; compensation, travel expenses .............. 1417,

1425, 1773, 1794

HB 2021--Douglas County; Coroner; compensation ............. 1417, 1425, 1773, 1794

HB 2022--Butts County; Commissioners; vacancies, vice-chairman ............... 1417,

1425. 1773, 1794

HB 2023--Marion County; Education Board; elections, referendum .............. 1417,

1426. 1773, 1794

HB 2024--Marion County; Commissioners; elections, districts,

terms, referendum ................................ 1417, 1426, 1773, 1795

HB 2025--Judicial Circuits; Dougherty Circuit; superior court

judges, county supplements ........................ 1417, 1426, 1533, 1556

HB 2026--Dougherty County; State Court; filing fees...................... 1417, 1426,

1533, 1556

HB 2027--Dougherty County; Motor Vehicle Registration;

staggered tag sales ................................ 1417, 1426, 1533, 1556

HB 2028--Clayton County; Homestead Exemption; increase

for certain residents, referendum ................... 1417, 1426, 1533, 1556

HB 2029--Clayton County; Education Board; chairman, terms,

vacancies ......................................... 1418, 1426, 1533, 1557

HB 2030--Clayton County; Education Board; vacancies......................... 1418,

1427. 1533, 1557

HB 2031--Clayton County; Commissioners Board; compensation,

vice-chairman..................................... 1418, 1427, 1533, 1557

HB 2032--Clayton Judicial Circuit; Superior Court judges;

salary supplement................................. 1418, 1427, 1533, 1557

HB 2033--Clayton County; Probate Court; judge, compensation ................. 1418,

1427, 1533, 1557

HB 2034--Clayton County; Sheriff; deputy, clerk of superior

court, compensation ............................... 1418, 1427, 1533, 1557

HB 2035--Clayton County; State Court; deputy clerk, judge and

solicitor, compensation, fines ....................... 1418, 1427, 1533, 1557

HB 2036--Clayton County; Tax Commissioner; deputy,

compensation ..................................... 1418, 1427, 1533, 1557

HB 2037--Clayton County; Coroner; compensation ............. 1418, 1428, 1533, 1558

HB 2038--Clayton Judicial Circuit; District Attorney; salary

supplement....................................... 1419, 1428, 1533, 1558

HB 2039--Clayton County; Education Board; school

superintendent, continue in force ................... 1419, 1428, 1533, 1558

HB 2040--Clayton County; Civil Service System; wages or

salaries, continue in force .......................... 1419, 1428, 1533, 1558

HB 2041--Clayton County; Business Licenses and Regulations;

continue in force .................................. 1419, 1428, 1533, 1558

HB 2042--Clayton County; Ordinances; penalties,

continue in force .................................. 1419, 1428, 1533, 1558

HB 2043--Clayton County; Waterworks and Sewerage System;

indebtedness, bonds, continue in force ......................... 1419, 1428,

1533, 1558

HB 2044--College Park, City of; Corporate Limits; annexation .................. 1419,

1429, 1773, 1795

2342

JOURNAL OF THE SENATE

HB 2045--Mountville Community; Water Authority; revenue bonds ............................................ 1419, 1429, 1773, 1795
HB 2046--Bulloch County; Sheriff; deputies and employees, compensation, over-time ........................... 1419, 1429, 1773, 1795
HB 2050--Camden County; Motor Vehicle Registration; staggered tag sales, referendum .............................. 1527, 1531, 1773, 1795
HB 2052--Rabun County; Commissioners; selection of chairman................. 1527, 1531, 1773, 1795
HB 2053--Baldwin, City of; new charter, boundaries ........................... 1527, 1531, 1774, 1795
HB 2054--Bartow County; Homestead Exemption; school district taxes, elderly, referendum.......................... 1527, 1531, 1774, 1795
HB 2055--Dade County; Education Board; quorum ............ 1527, 1531, 1774, 1796 HB 2056--Banks County; Business Licenses; fees and taxes,
continue in force .................................. 1527, 1531, 1774, 1796 HB 2057--Pooler, City of; Corporate Limits; annexation,
referendum ....................................... 1528, 1531, 1774, 1796 HB 2058--Macon, City of; Tax; preferential assessment
revitalized property, continue in force............... 1528, 1532, 1774, 1796 HB 2060--Gordon County; Commissioners Board; election, powers
and duties, referendum ....................................... 1653, 1654 HB 2061--Lumpkin County; Motor Vehicle Registration; staggered
tag sales, referendum .............................. 1542, 1547, 1774, 1796 HB 2062--Ware County; Commissioners; composition, elections,
districts, officers, compensation ..................... 1653, 1655, 1774, 1797 HB 2063--Alto, Town of; mayor, council, elections, terms....................... 1653,
1655, 1774, 1796 HB 2064--Buford, City of; corporate limits......................... 1653, 1655, 1774,
1796, 1798, 1812, 1899 HB 2065--Duluth, City of; Mayor and Council, salaries......................... 1653,
1655, 1774, 1796 HB 2067--East Ellijay; City of; new charter ................... 1653, 1655, 1774, 1797 HB 2069--Cobb County; Civil Service System; employees
withdrawal from coverage .......................... 1653, 1655, 1992, 1994 HB 2070--Cobb County; Business Licenses; fees and occupational
taxes, continue in force ............................ 1653, 1655, 1992, 1994 HB 2071--Islands, City of; incorporation, charter ......................... 1654, 1655,
1774, 1797, 1811, 1812, 1991

INDEX

2343

HOUSE RESOLUTIONS

HR 55--Corridor Z Highway, Columbus to Brunswick; designate as Jimmy Carter Parkway ............................. No action in 1986
HR 69--Emergency Medical Services; Indemnification; technicians killed, disabled on duty ................................. 1345, 1349, 1549, 1550, 1824, 1882
HR 125--Education; Public School Employees, Retired; provide health insurance program .................................. 1279, 1289, 1432, 1536, 1825, 1924
HR 330--Newman, Colonel Mancel; designate bridge at Power Springs .............................. 595, 598, 725, 836, 1011, 1045
HR 363--Community Affairs Department; State Loans; to finance local water, sewerage facilities ....................... 228, 232, 472, 520, 568, 609, 624
HR 454--House of Representatives; Notify Senate; House of Representatives convened ............................................ 15
HR 455--Governor; notify that General Assembly Convened .............. 15, 16 HR 457--General Assembly; Joint Session; Governor, State of
the State and Budget Message .......................... 15, 20, 49 HR 458--Hogan, G. W.; elected State Auditor ...................... 16, 21, 64, 65 HR 459--Adjournment; General Assembly; January 17
to January 27.......................................... 16, 20, 112 HR 461--Alday Family Murders; U.S. Supreme Court; request
reverse new trial decision .................................. 828, 831, 866, 1004, 1218, 1272
HR 465--Trucks; Tandem Trailer Access to Public Roads Study Committee, Joint ......................... 990, 994, 1202, 1298, 1454, 1505
HR 470--Peters, Phil; GBI Headquarters; designate building in honor ........................... 655, 659, 1202, 1298, 1367, 1454, 1458
HR 472--Lost Mountain Scenic Highway; designate, Cobb County ....................... 828, 831, 1000, 1073, 1218, 1312, 1329
HR 476--Courts; Child Abuse, Sexual Abuse Victims; restitution order reports .............................. 283, 286, 998, 1073, 1155, 1165
HR 477--Courts; Child Abuse, Sexual Abuse Cases; criminal justice personnel training ................... 283, 286, 998, 1073, 1155, 1166
HR 481--Smith, R. Glenn; compensate. ................. 1060, 1066, 1133, 1206, 1747 HR 482--Property Conveyances; Douglas County; Sweetwater
Creek State Park easement ................. 466, 469, 867, 1004, 1077, 1091
HR 499--Joint Session; General Assembly; invite Supreme and Appellate Court Justices..................................... 41, 47
HR 500--Property Conveyances; Railroad Lease; Seaboard System successor toL&N .................... 191, 196, 472, 520, 568, 589
HR 502--South Africa; Nelson Mandela, urge release. ...................... 858, 861 HR 505--Public Officers and Employees; Elected; suspension
upon federal indictment, no compensation ........................ 284, 287, 1532, 1540, 1578, 1718
HR 506--Judges; Felony Conviction; suspension from office, no compensation .......................... 284, 287, 1532, 1540, 1578, 1721
HR 507--Property Conveyances; Hamilton County, Tenn.; formerly W & A Railroad ..................... 504, 515, 867, 1004, 1218, 1312, 1330
HR 509--Education; Local School Systems; additional tax revenue sources ..................................... 388, 393, 1548, 1551
HR 512--Property Conveyances; Fulton County; Southern Railway, modify lease ......................... 283, 287, 472, 520, 879, 915

2344

JOURNAL OF THE SENATE

HR 514--Property Conveyances; Bibb County, Macon

Farmers' Market; lightguide cable easement

990, 995,

1068, 1137, 1217, 1247, 1767

HR 515--MARTA; Overview Committee, MARTOC; extend

to 1990 ...................................... 191, 196, 329, 369, 416, 444

HR 517--Education; Prayer in Public Schools; urge U.S.

Constitutional Amendment.................................... 1284, 1289,

1532, 1540, 1578, 1728, 1835, 1837, 1899

HR 519--Property Conveyances; Hawkinsville, Pulaski

County; National Guard Armory Property ....... 358, 362, 472, 521, 609, 635

HR 520--Millsaps, Martha; compensate ............................ 1060, 1066, 1432

HR 524--Gracewood State School and Hospital; Redesignate As;

Norman B. Pursley Georgia Developmental Center ................ 990, 995

HR 525--Courts; Rule-making Powers; General Assembly

enactment paramount ............... 504, 515, 1201, 1298, 1824, 1963, 1999

HR 544--Southern States Correctional Association; commend ............... 113, 126

HR 566--Property Conveyances; Effingham County;

Fort Howard Paper Company easement ..................... 358, 362, 472,

521, 568, 609, 632

HR 567--Peterson, Annie M.; compensate ......................... 1284, 1289, 1432,

1536, 1748, 1836, 1850, 2040, 2144

HR 570--Palmer, Mickey; compensate ............................. 1060, 1066, 1432

HR 572--Property Conveyances; Brooks County; county landfill................. 504,

515, 867, 1004, 1218, 1312, 1331

HR 577--Insurance; Motor Vehicle; Liability, Cost Containment,

Availability Joint Study Committee .............................. 717, 721,

999, 1074, 1155, 1218, 1270, 1345

HR 578--Social Security Act; Benefit Levels; urge Congress

eliminate disparity .......................... 137, 142, 517, 564, 1011, 1046

HR 580--Railroads; Seaboard System; protest abandonment

Sylvester-Pearson segment ................................. 137, 142, 472,

521, 609, 879, 908

HR 585--Property Conveyances; Brantley County; to

commission for industrial tract ............................ 717, 721, 1358,

1437, 1579, 1739, 1836, 1870

HR 586--Property Conveyances; Lowndes County; for

roadside park and waste disposal area ........................... 358, 362,

472, 521, 568, 609, 642

HR 587--Property Conveyances; Franklin County; land sale

to Charles Alien Fields .............................. 990, 995, 1068, 1137,

1218, 1312, 1333

HR 588--Hayes, Roland, Parkway; designate, Gordon County ................... 655,

659, 1000, 1074, 1217, 1269

HR 591--Lowrey, Sidney, R., Sr., Memorial Bridge; designate ................... 504,

515, 725, 836, 1011, 1052

HR 593--Nail, Wyman, Jr. and Rhonda Nail; compensate ................ 1284, 1289,

1432, 1536, 1749, 1866, 1870, 1952, 1960, 2237, 2281

HR 597--Income Tax; Federal Taxes; urge deduction of state,

local taxes................................ 828, 832, 1068, 1137, 1217, 1269

HR 633--Property Conveyances; Cairo, City of; to access new

retail development ......................... 552, 558, 867, 1005, 1077, 1095

HR 635--Boone, Willie Lee; compensate ................ 1284, 1289, 1432, 1537, 1749

HR 642--Johnson, Terry Lamar; compensate ....................... 1284, 1290, 1432

HR 643--Sawyer, Barbara Ann Rozier; compensate ...................... 1284, 1290,

1432, 1537, 1750

INDEX

2345

HR 644--Indemnification; Law Enforcement, firemen, prison guards, medical technicians ............................. 1343, 1349, 1549, 1551, 1824, 1829, 1899, 1912, 2039
HR 660--DeKalb County; Government Study Commission; create .............. 1193, 1197, 1434, 1537, 1825, 1927
HR 662--Local Government; Road, Street Improvement Authorities; create by local referendum .................. 1193, 1197, 1434, 1537, 1578, 1664, 1762, 1855
HR 666--Webb, Paul, Kwik Kopy #206; compensate ..................... 1060, 1066, 1432, 1537, 1751, 1833, 1870, 1955, 1971, 2235, 2281
HR 679--Navajo-Hopi Land Resettlement Act; urge Congress repeal ............................... 466, 469, 601, 668, 733, 819
HR 686--Atlanta-Fulton County Taxation Study Commission .................. 1345, 1349, 1434, 1537, 1825, 1928
HR 687--Farm Labor Sanitation Joint Study Committee; create ................ 990, 995, 1200, 1298, 1825, 1929
HR 689--Nettles, M. C.; compensate ............................. 1060, 1066, 1432, 1537, 1752, 1955, 2016, 2165, 2236, 2281
HR 690--Reaves, Henry L., Arena; designate, Agricultural Exposition Center.................... 857, 861, 998, 1074, 1312, 1367, 1376
HR 691--McGill, Sam P., Exhibition Building; designate ................... 857, 861, 998, 1074, 1218, 1273
HR 716--Health; Indigent Health Care Funding; urge Governor create task force ........................ 1120, 1126, 1202, 1298, 1454, 1502
HR 717--English Language; designate official state language ................... 1343, 1349, 1548, 1551, 1825, 1922
HR 718--Local Government; Development Districts; create, provide procedure ........................... 1345, 1349, 1548, 1551, 1825,
1961, 2278 HR 720--Newton, Louie DeVotie; portrait in State Capitol .................... 1119,
1126, 1202, 1299, 1454, 1505 HR 739--Women's History Week; designate ............................... 717, 721,
1000, 1074, 1218, 1277 HR 742--Woodall, Franklin D.; compensate ............. 1284, 1290, 1432, 1537, 1753 HR 743--Breen, Norman; compensate .................. 1284, 1290, 1432, 1537, 1753 HR 765--Adjournment; General Assembly; February 20
to February 24........................................... 992, 1020, 1061 HR 770--Property Conveyances; Forestry Commission; structure
to Schley County ....................... 1345, 1350, 1532, 1540, 1825, 1923 HR 794--Carroll County; Government Authority Study
Commission; create...................... 1284, 1289, 1358, 1437, 1578, 1726 HR 809--Temporary Help Services Week; designate. ..................... 1193, 1197,
1294, 1361, 1454, 1493 HR 840--MARTA; Bus Advertising, Exterior; urge
implement program ............................... 1284, 1290, 1358, 1437 HR 987--Wallenda, Karl; aerialist, urge commemorative stamp................. 2165 HR 1001--Adjournment; General Assembly; sine die March 7 .............. 2189, 2198 HR 1014--Adjournment; General Assembly; sine die,
amend time in HR 1001 ...................................... 2263, 2267

2346

JOURNAL OF THE SENATE

PART III ALPHABETICAL INDEX

ABORTION; Minors, prior notification of parents required .................... HB 310
ABSENTEE BALLOTS; Election Code, amend various provisions............. SB 490
ACADEMIC DECATHLON TEAM Commend ................................................................ SR 448 Introduction........................................................... Page 1217
ACKERMAN, DR. ROBERT; Wesleyan College President, introduction ....... Page 899
ACWORTH, CITY OF Downtown Development Authority; continue in force........................ HB 1690 Mayor and Aldermen; compensation ....................................... SB 541 Mayor and Aldermen; election procedures ................................... SB 592
AD VALOREM TAX (Also See Revenue and Taxation) Agricultural Property; preferential tax assessment, penalties, illness........... HB 1412 Appeals; written objection to tax assessors deemed proper notice .............. HB 595 Atlanta-Fulton County Taxation Study Commission; create ................... HR 686 County Tax Assessor Boards; nonpayment penalties new homeowners....... HB 1785 County Tax Collectors; payment and reports of collections.................... SB 209 County Tax Digest; property appeals, approval provisions, records confidential . . HB 80 County Tax Digests; State approval if appeals pending ....................... HB 214 Driver Education Vehicle in Schools; definitions, provisions ................... SB 474 Exemption; commercial and industrial development districts .................. HR 718 Homestead Exemptions; disabled veterans eligibility ......................... SB 408 Homestead Tax Exemption; disabled wartime veterans ...................... HB 509 Intangible; insurance company property held in foreign country ............. .HB 1273 Motor Vehicle Registration; staggered tag sales, authorized, prorated fees ....... SB 96 Motor Vehicle Registration; staggered tag sales, authorized by local law....... HB 1317 Motor Vehicle Registration; staggered tag sales, counties over 100,000 decals .... SB 97 Personal Property; exempt certain tangible, statewide referendum ............ HB 1658 Records of Taxpayers; confidential except in court cases....................... HB 80 Returns; past due penalties, utilities, airlines, exempt certain homesteads ... .HB 1539 Savannah Historic District; freeze assessment, ratified by amendment......... HB 1434 Tax Deferral for the Elderly Act; additional homestead tax deferral ........ SB 495 Tax Executions; advertising costs, payment provisions....................... HB 1350
ADAIRSVILLE, CITY OF; Development Authority, continue in force ....... HB 1895
ADAMS, WILBURN M.; Commend ..................................... SR 489
ADEL, CITY OF; Bond issuance, authorization, continue in force............. HB 1450
ADJOURNMENT General Assembly; February 20 to February 24 .............................. HR 765 General Assembly; January 17 to January 27 ............................... .HR 459 General Assembly; March 3 to March 6 ..................................... SR 497 General Assembly; sine die March 7 ...................................... HR 1001 General Assembly; sine die, amend time in HR 1001 ....................... HR 1014
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INDEX

2347

ADMINISTRATIVE PROCEDURE ACT; State agencies, rules, General Assembly override................................................. SB 406
ADMINISTRATIVE SERVICES DEPARTMENT Handicapped Accessibility Standards; requirements ........................... SB 20 Inventory, Movable Personal Property; items over $500, agency listing ........ HB 1573 Supplemental Appropriation FY 85-86, to GBA and GSFIC, bond proceeds .HB 1140
ADOPTION Foreign Children; clarify release provisions ................................. HB 1211 Grandparents Rights; adoption proceedings.................................. SB 395 Grandparents Visitation Rights; exceptions ................................ .HB 1643 Parental Rights Termination; court procedures .............................. HB 175
ADVERTISING; Meetings selling goods or services, purpose must be stated . . . . SB 326
AFRICAN DEVELOPMENT BANK; Insurers authorized to invest in securities .............................................................. SB 144
AGED (See Elderly)
AGENCIES, STATE (See State Agencies)
AGRICULTURE Agriculture Commission; create, provide for studies, recommendations ........ SB 365 Animal Protection Act; regulate, license shelters, pet dealers ................. HB 1346 Apple Cooler, Ellijay Farmers Market; repayment state funds ................. SR 470 Beef Labeling; certification, rules and regulations ........................... HB 1984 Boll Weevil Eradication; cotton growers' organization borrow funds........... HB 1682 Commission; urge Governor appoint to study problems ....................... SR 402 Family Farm Loans; Residential Finance Authority Act, delete provisions ... SB 420 Farm Bureau Day; proclaim February 20, 1986 ............ SR 378 Farm Labor Sanitation Joint Study Committee; create ....................... HR 687 Farm Loans; Georgia Development Authority ............................... HB 1686 Farmers; certain loan program requirements, State Development Authority... HB 1376 Foods; misbranded, change definitions ..................................... HB 1171 Hay Bales; vehicles transporting, permits .................................. HB 1066 Industrial Development Bonds; to foreign investors, urge disapprove........... SR 341 Insurance; Farmers' Mutual Fire Companies, maximum loss amounts ......... HB 1556 Livestock; infectious diseases, definitions, enforcement powers .............. .HB 1172 McGill, Sam P.; designate Exhibition Building in honor ...................... HR 691 Motor Carriers; Public Service Commission regulations, definitions ........... HB 1487 Poultry Farms; heating fuel exempt from sales tax .......................... HB 1294 Reaves, Henry L., Arena; designate, Exposition Center in honor ............... HR 690 Rural Economic Development Program; establish with APDCs ................ SB 294 Soil and Water Conservation District Supervisors; commend .................. SR 390 State-Owned Farmer's Markets; real property inventory, agency filing. ....... .HB 1888 Tax, Preferential Assessment, Certain Property; penalties in cases of illness . .. HB 1412 Timber Products; urge Congress limit foreign imports, Canadian .............. SR 465 Veterinary Care; confidentiality of records.................................. HB 1986 Vidalia Onion Act; regulate sale, definitions ................................. SB 360 Vidalia Onion Act; regulate sale, identification, labeling ..................... HB 1217
AIDS, ACQUIRED IMMUNE DEFICIENCY SYNDROME Bathhouses; prohibit operation, certain cases .............................. .HB 1189 Blood Donors; patient may provide, scheduled surgery or treatment ........... SB 575 Blood Donors; patient may provide, scheduled surgery cases ................. HB 1524 Dead Bodies; notification of communicable disease to handlers ................ SB 387 Sexually Transmissible Diseases; tests, reports, requirements ................ HB 1187
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2348

JOURNAL OF THE SENATE

AIRPORTS (See Aviation)
ALBANY JUNIOR COLLEGE; Commend .................................... SR 313
ALBANY STATE COLLEGE; Distinctive license plates, issuance, fees ...... HB 1444
ALBANY, CITY OF Registration and Elections Board; joint with Dougherty County .............. HB 1284 Sesquicentennial; commemorate ............................................ SR 519
ALCOHOLIC BEVERAGES AND ALCOHOLISM Beer, Wine Sales; prohibited near church, exceptions, distances ............... SB 364 Beer, Wine Sales; prohibited where motor fuel sold, certain cases ............. SB 345 Boat Safety; unlawful operate under influence of alcohol, drugs ............... SB 316 Boxing Matches; influence of alcohol, drugs unlawful....................... .HB 1191 Chatham County Sales; near church or school, population figures.............. SB 449 Consumption While Driving; unlawful, open containers unlawful .............. HB 414 Consumption While Driving; open containers unlawful, hours of sales.......... SB 538 Drinking Age Requirements; sales ......................... SB 13 DUI (See Driving Under Influence or Motor Vehicles) Election Day Sales, Municipalities; provisions ................ SB 70 Hours of Sales; limitations................................................. SB 538 Mental Health; alcoholism treatment procedures, requirements ................ SB 318 Mentally 111; repeat patients, hospitalization, treatment....................... SB 153 Minors; consumption in home, parent present, change drinking age to 21 years ....................................................... HB 1532 Pregnancy; warning notices posted.......................................... SB 376 Sales by the Drink; prohibit happy hour, 2 for 1 sales........................ SB 258 Sales; hotel room licensing requirements ................................... HB 1386 Sales; municipalities regulate by local ordinance, certain cases ............... HB 1579 Substance Abuse Service Programs; establish ............................... HB 1385 Unlawful Transportation; vehicles, seizure in any county or city .............. SB 356
ALDAY FAMILY MURDERS; U.S. Supreme Court, request reverse new trial decision .................................................................. HR 461
ALIMONY Modifications; caused by change in needs or status......................... SB 445 Revision of Judgment; time provisions ...................................... SB 211
ALLEN, BENJAMIN HEYWARD; Commend ................................. SR 509
ALLENTOWN, CITY OF; New charter................................... .HB 1930
ALLGOOD, SENATOR TOM; Excused from voting on HB 1330 .......... Page 1055
ALPHARETTA, CITY OF; Change corporate limits ........................ HB 1356
ALTO, TOWN OF; Mayor, council, elections, terms ......................... HB 2063
ALZHEIMER'S DISEASE STUDY BY DHR; Commend ....................... SR 415
AMBULANCES (Also See Emergency Medical Services) Emergency Medical Services; regional systems, licensing ...................... SB 400
AMERICAN CANCER SOCIETY VOLUNTEERS; Commend ..... SR 391
AMERICUS, CITY OF Municipal Elections; date ................................................. HB 1791 School system; merge with Sumter County System .......................... HB 1206
AMUSEMENT RIDE SAFETY ACT; Definitions, Carnival Ride Safety Act, advisory board, regulations ................................................ SB 536
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INDEX

2349

ANATOMICAL GIFTS Hospital Procedures; requirements, organ donors............................. SB 327 Regulations; records, minors, unlawful to buy, sell .......................... HB 1334
ANDERSON, PAUL; Youth Home of Vidalia, commend ....................... SR 420
ANIMALS Animal Baiting; training animals for use in fights unlawful ................... HB 934 Animal Protection Act; regulate, license shelters, pet dealers ................. HB 1346 Beef Labeling; Agriculture Department regulations, certification .............. HB 1984 Livestock; infectious diseases, definitions, enforcement powers. .............. .HB 1172 Raccoon Fur Seller's License; change annual fee ............................. HB 846 Veterinary Care; confidentiality of records.................................. HB 1986
ANNEXATION Municipalities with Independent School System; procedures .................. SB 328 Municipalities With Independent School Systems; definitions, revisions ........ SB 380 Municipalities; change limitations, define residential property .............. SB 229 Municipalities; landowners petition, across county lines, approval required ..... SB 533 Municipalities; landowners petition, change Atlanta exemption ................ SB 150
ANTEBELLUM TRAIL; Designate via Athens, Milledgeville and Macon ...... SR 31
APPALACHIAN JUDICIAL CIRCUIT; Court terms, change times......... HB 1589
APPEALS AND ERROR Amend Various Code Sections; probate courts, procedure, jury trials.......... HB 1367 Attorney's Fees; litigation expenses, frivolous lawsuits ...................... HB 1146 Contempt of Court; repetitious conduct, judge's power ...................... HB 1418 Death Penalty; federal court, urge Congress require time limit ............... SR 344 Habeas Corpus Inmate Case; Attorney General notify DA ................... HB 1279 Human Resources Department; orders, actions, appeals procedures ........... HB 1315 Judges; appeals court, initially appointed, elections thereafter, CA ............. SR 398 Magistrate Courts; appeal from default judgment ............................ SB 247 Magistrate Courts; default judgments, appeals provisions .................... HB 1333 Probate Courts; appeals procedures, jury trials, counties over 100,000 .......... SB 430 Probate Courts; revise appeals provisions to superior court ................... SB 458 Sexually Transmissible Diseases, AIDS; appeals from orders .................HB 1187 Superior Courts; time and procedures for trial............................... SB 183
APPOINTMENTS BY GOVERNOR ..................... Pages 24, 454, 1429, 1995 Education Committee report............................................. Page 455 Adams, Berta G..................................................... Pages 28, 461 Adams, C. Jerome ............................................... Pages 1430, 1997 Alden, Hewett M.................................................... Pages 25, 456 Ammons, Paul W. .................................................. Pages 28, 461 Austin, Chester Adair ............................................... Pages 27, 459 Autry, Jr., J. E...................................................... Pages 25, 457 Avery, Byllye ....................................................... Pages 27, 459 Baldwin, Beauty P. ................................................. Pages 27, 459 Baldwin, Jr., Cecil A. ............................................... Pages 28, 460 Barnhart, Jr., Harold M. ............................................ Pages 28, 460 Barren, Frank ...................................................... Pages 26, 458 Barton, William Y................................................... Pages 26, 458 Bennett, Lou J...................................................... Pages 25, 457 Bickers, Benjamin Weldon........................................... Pages 26, 458 Blanding, Jr., Roland E.............................................. Pages 25, 457 Blossom, Bonnie M............................................... Pages 1430, 1997
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2350

JOURNAL OF THE SENATE

APPOINTMENTS (Continued)

Bolton, III, Alfred H. ............................................... Pages 25, 457

Boss, J. Larry ...................................................... Pages 26, 457

Braziel, David W., Jr. ............................................ Pages 1430, 1996

Bridges, Jr., W. Worth .............................................. Pages 28, 461

Brown, Evelyn D. ................................................... Pages 25, 457

Brown, Roberta M. ................................................. Pages 27, 459

Buccino, Alphonse .................................................. Pages 28, 460

Buckley, James W................................................... Pages 25, 456

Burkett, Norman D. ............................................. Pages 1430, 1997

Burton, Parks W. ................................................... Pages 27, 459

Butler, James H. ................................................... Pages 27, 459

Byars, Helen Gnann .............................

Pages 26, 458

Byars, T. Joel ...................................................... Pages 27, 459

Capps, Billie R...................................................... Pages 25, 457

Cardwell, Albert L. ................................................. Pages 28, 461

Caudell, Linda. ..................................................... Pages 25, 457

Chaiken, Rita Rosinek ........................................... Pages 1430, 1997

Chapman, Russell, Jr. ............................................... Pages 25, 457

Christian, Richard M. ............................................... Pages 28, 461

Collins, Ralph L. ................................................... Pages 25, 456

Comer, 0. L. ....................................................... Pages 27, 460

Corn, Amon L. ..................................................... Pages 25, 456

Cousins, A. Lucian ............................................... Pages 1430, 1996

Cousins, W. Lamar.................................................. Pages 26, 458

Cowan, Joel ........................................................ Pages 25, 456

Cox, Andrew A...................................................... Pages 28, 461

Cramer, Ann W. .................................................... Pages 25, 457

Dana, John A. ...................................................... Pages 25, 457

Davis, E. Diane ..................................................... Pages 28, 461

Davis, Guy H. ...................................................... Pages 28, 460

Davis, Victor B. .................................................... Pages 25, 457

Delk, III, Oliver R................................................... Pages 29, 461

de Mayo, Richard T. ................................................. Pages 26, 458

Dixon, Sammie D. ............................................... Pages 1430, 1996

Doleman, Dan, Jr. ............................................... Pages 1430, 1997

Drinnon, James R. .................................................. Pages 28, 460

Droze, William H. .................................................. Pages 26, 458

Dryden, Marymal M................................................. Pages 26, 458

Dyer, Shirley S. .................................................... Pages 26, 458

Eaton, S. Boyd .................................................. Pages 1430, 1996

Ellis, John ......................................................... Pages 25, 456

Ellison, Gregory C................................................... Pages 24, 456

Evans, Alvin M., Sr. ............................................. Pages 1430, 1997

Fenlon, Pat ........................................................ Pages 27, 459

Fitzgerald, Isaac ................................................. Pages 1430, 1996

Fitzpatrick, Duress.................................................. Pages 26, 458

Fowler, Howard .................................................... Pages 27, 459

Fox, Faye .......................................................... Pages 28, 460

Freeman, Phyllis.................................................... Pages 25, 457

Frost, June R. ................................................... Pages 1430, 1997

Funderburg, Rosemary Fitts ......................................... Pages 28, 461

Gatewood, Nella .................................................... Pages 26, 458

Gatewood, Jr., T. Schley. ............................................ Pages 27, 459

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INDEX

2351

APPOINTMENTS (Continued) Gershon, Ruth H................................................. Pages 1430, 1997 Glenn, Mary ....................................................... Pages 25, 457 Glover, Letitia................................................... Pages 1430, 1996 Gordon, Suzanne ................................................ Pages 1430, 1996 Greene, Emory ..................................................... Pages 24, 456 Griffin, Willie I. .................................................... Pages 25, 457 Griffith, Calvin T. ............................................... Pages 1430, 1997 Hamilton, Charles Spencer. .......................................... Pages 27, 459 Hamrick, James Robert ............................................. Pages 27, 460 Harper, Charles ................................................. Pages 1430, 1996 Harrell, June D. .................................................... Pages 26, 458 Harrington, Jr., James C. ............................................ Pages 27, 460 Hendrix, Jr., John P................................................. Pages 27, 459 Hickman, Betty. .................................................... Pages 28, 460 Holloway, J. Teddy .......................................... Pages 27, 459 Howard, Frank R. .................................................. Pages 27, 460 Howard, William R.................................................. Pages 24, 456 Howell, Mobley ..................................................... Pages 27, 459 Howren, Michael R.................................................. Pages 24, 456 Humphrey, Jean Walburg ........................................... Pages 28, 460 Hunt, Eugene ...................................................... Pages 27, 460 Hurley, Jr., John T.................................................. Pages 28, 461 Irwin, G. Gordon ................................................... Pages 27, 459 Jeter, Carolyn ...................................................... Pages 28, 460 Johnson, Carl F. .................................................... Pages 28, 461 Johnson, David T. .................................................. Pages 26, 458 Jones, Betty........................................................ Pages 27, 460 Jones, Jimmie LaShawn ............................................. Pages 25, 457 Jones, Thomas F. ................................................... Pages 25, 457 Keith, Jr., Thomas M. .............................................. Pages 26, 458 Kerkhoff, Harold E............................................... Pages 1430, 1997 Kimbel, Jane F. .................................................... Pages 27, 459 King, Barbara ................................................... Pages 1430, 1997 Kuhlke, Jr., William B............................................... Pages 26, 458 La Mons, Paul R.................................................... Pages 25, 457 Landrum, Susan ......................................... Pages 27, 459, 1430, 1997 Leak, Claudette.................................................. Pages 1430, 1997 Lipsey, Ralph ...................................................... Pages 29, 461 Lyde, Geneva.................................................... Pages 1430, 1996 Martin, M. Josephine ............................................... Pages 25, 457 Massey, Freddie .................................................... Pages 29, 461 Matthews, Charles .................................................. Pages 27, 460 May, Lynne M................................................... Pages 1430, 1996 Mclntyre, Pam ..................................................... Pages 25, 457 McKenzie, Therman ................................................ Pages 27, 459 McMullan, Johanna S. ........................................... Pages 1430, 1997 Mercer, Jr., Roy H. ................................................. Pages 27, 459 Miller, James 0. .................................................... Pages 28, 460 Miller, Johnnie R. .................................................. Pages 27, 460 Mixon, Eunice L. ................................................... Pages 28, 461 Mobley, Jr., Commodore T........................................ Pages 1430, 1996 Moore, William J. .................................................. Pages 28, 460 Morgan, Mae ....................................................... Pages 26, 458
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2352

JOURNAL OF THE SENATE

APPOINTMENTS (Continued) Mote, Jr., Rex E. ................................................... Pages 27, 460 Motley, Carol P. .................................................... Pages 27, 459 Murphy, Charles H.................................................. Pages 28, 460 Murphy, Walter Y................................................... Pages 28, 461 Olsen, Audrey ...................................................... Pages 28, 460 Paris, James W. .................................................... Pages 29, 461 Parker, Ann McKee................................................. Pages 27, 459 Patterson, Joseph H. ................................................ Pages 27, 459 Payne, Julia M...................................................... Pages 27, 459 Pelote, Dorothy..................................................... Pages 27, 459 Perrow, G.H. ....................................................... Pages 27, 459 Peterson, Dorothy .................................................. Pages 26, 458 Pryor, Carol G...................................................... Pages 27, 459 Raines, Jack A. .................................................. Pages 1430, 1997 Rather, Daniel B. ................................................... Pages 28, 460 Reese, Jr., Reverend Stewart......................................... Pages 27, 460 Reeves, Rebecca K. .............................................. Pages 1430, 1997 Reynolds, E. Stanley ................................................ Pages 27, 460 Reynolds, Joyce E................................................... Pages 26, 458 Rhodes, Foster ..................................................... Pages 24, 456 Rinker, Geraldine ................................................ Pages 1430, 1997 Robinson, Jr., John W. .......................................... Pages 28, 455, 461 Roquemore, William A............................................... Pages 24, 456 Sanford, Stephan E. ................................................ Pages 27, 459 Sears, Claude Joe ...................................... Pages 1430, 1996 Sessoms, Walter W. ................................................. Pages 27, 459 Shaw, Frank R................................................... Pages 1430, 1996 Shaw, Susan ....................................................... Pages 25, 457 Shepherd, Jan ........................... Pages 28, 461 Sherline, Donald M.................................................. Pages 27, 459 Sims, Calhoun ................................................... Pages 1430, 1997 Skelton, B. Jane .................................................... Pages 28, 461 Skelton, W. Douglas ............................................. Pages 1430, 1997 Sloop, Elizabeth Brown. ............................................. Pages 28, 460 Smith, Harold ................................................... Pages 1430, 1997 Snow, James S. .................................................. Pages 1430, 1996 Startari-Lurey, Betsy............................................. Pages 1430, 1997 Steding, Patricia J. ................................................. Pages 24, 456 Stone, Nancy Lane.................................................. Pages 26, 458 Sutherland, James Eugene ........................................... Pages 25, 456 Talton, Willie ...................................................... Pages 27, 460 Tamplin, Anne P.................................................... Pages 28, 461 Taylor, Ranee J. .................................................... Pages 29, 461 Tindol, Jr., R. L. ................................................... Pages 28, 460 Tucker, Elizabeth S. ................................................ Pages 27, 459 Veatch, Julian L. ................................................... Pages 29, 461 Waters, Bill G. .................................................. Pages 1430, 1996 Weeks, James M. ................................................... Pages 26, 458 Wellons, Neal A..................................................... Pages 29, 461 Wetherbee, Katherine L. ......................................... Pages 1430, 1997 Whelchel, Hubert W................................................. Pages 25, 456 Wherry, Richard A. ................................................. Pages 27, 459 Wiley, Jr., William T. ............................................... Pages 27, 460
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INDEX

2353

APPOINTMENTS (Continued) Williams, John A.................................................... Pages 27, 460 Willingham, Raymond W. ........................................... Pages 26, 458 Wilson, Willie Ella .................................................. Pages 25, 457
APPROPRIATIONS AND FISCAL AFFAIRS Financing, Investment Commission; debt service appropriation, capital outlay SB 579 General Appropriations; FY 1986-87 ....................................... HB 1300 General Assembly; control certain excess funds received ....................... SR 42 Revenue Shortfall Reserve; funds held for education, QBE Act................ SB 363 Supplemental Appropriations; FY 85-86.................................... HB 1259 Supplemental Appropriations; FY 85-86, certain agencies, bonds, capital outlay.......................................................... HB 1140 Supplementary Bills; prohibited except in emergency......................... SR 123 War Veterans Home; urge Governor add funds for new wing.................. SR 158
ARBITRATION; Construction contracts, extend provisions to all contracts . .... SB 540
ARCHITECTS Landscape Architects, State Board; extend termination to 1992 ............... SB 354 State Board; membership, violations, penalties.............................. HB 1295
AREA PLANNING AND DEVELOPMENT AUTHORITIES (See Development Authorities)
ARKANSAS; Include in regional, interstate banking provisions ................ HB 724
ARREST; Peace officers, use of deadly force provisions, felons, escapees ....... HB 1363
ARTS Art Works; sale of, requirements, disclosure, warranties ..................... HB 1253 Council for Arts and Humanities; redesignate as Council for the Arts .......... SB 428 Georgia Citizens for the Arts; commend..................................... SR 414 Youth Art Month; March, 1986 ............................................ SR 424
ASBESTOS MATERIALS Asbestos Safety Act; enact, licensing........................................ SB 409 Hazardous Materials Liability Insurance Fund; cover state agencies........... HB 1953 Hazardous Materials Removal Agency; state and local public premises ........ HB 1952
AT&T COMMUNICATIONS, INC.; Macon Farmers' Market, cable easement HR 514
ATHENS, CITY OF; Athens Municipal Court, establish, provide for jurisdiction .............................................................. HB 1474
ATHLETICS Boxing; influence of alcohol, drugs unlawful, extend Commission ............ HB 1191 Colleges; urge regents establish NCAA curriculum guidelines .................. SR 367 Goodwill Games; Turner Broadcasting System, commend ..................... SR 511 No Pass, No Play Study Committee; joint, create ............................ SR 290 Students; out-of-state transfers, extracurricular activities ................... .HB 1163 Throwing Objects at Public Events; unlawful, penalties....................... SB 332
ATKINSON COUNTY; Seaboard Railroad, protest Sylvester-Pearson abandonment............................................................. HR 580
ATLANTA GAS LIGHT COMPANY; Congratulate............ SR 516
ATLANTA REGIONAL COMMISSION; Regional public projects, procedures, funds due for operating expenses ............................... HB 1293

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2354

JOURNAL OF THE SENATE

ATLANTA, CITY OF Ad Valorem Tax Levy; to retire revenue bond debt, continue in force ...... .HB 1630 Annexation; landowners petition, change exemption provision ................. SB 150 Atlanta-Fulton County Tax Assessors Board; continue in force ................ SB 519 Atlanta-Fulton County Taxation Study Commission.......................... HR 686 Atlanta, Fulton, DeKalb County; contracts, hospital authorities, continue ...... SB 585 Atlanta, Fulton, DeKalb County; stadium bond issue, continue in force ..... SB 586 Bond Debt; maximum limit, continue in force .............................. HB 1622 Bonds, Municipal; certain issue without referendum, continue ................ HB 1626 Bonds, Revenue; issue for parking lot construction, continue in force ........ HB 1631 Bonds, Revenue; issue for stadiums, grandstands, continue in force ............ SB 517 Bonds, Revenue; water and sanitation system, continue in force .............. HB 1619 Bonds, School Equipment; issue without referendum, continue in force ....... HB 1627 Bonds, School; certain issue without referendum, continue in force ........... HB 1625 Bonds, School; city assume county's debt upon annexation, continue ......... HB 1621 Bonds, Street Improvement; continue in force .............................. HB 1618 Bonds, Water, Sewer Projects; no referendum required, continue in force .... .HB 1623 Building Demolition; authority, cities over 400,000, continue in force ......... HB 1629 Community Improvement Districts; create.................................. HB 1636 Freeport Tax Exemption; continue in force.................................. SB 502 Fulton County Community Redevelopment Powers; authorize ................ HB 1521 Fulton County Library System; property, use of funds, tax districts .......... HB 1493 Historic Zones; establish, zoning, continue in force .......................... HB 1628 Municipal Court System; authorize, cities over 300,000, continue in force...... HB 1624 Public Libraries; part of county-wide system, continue in force............... HB 1633 Redevelopment Areas; contracts ............................................ SB 583 Redevelopment Powers; authority to implement ............................ HB 1634 Republican National Convention; urge city 1988 site ......................... SR 392 Schools; county property to city upon annexation, continue in force .......... HB 1620 Stadium Construction; contract with Fulton County, continue in force ......... SB 530 Taxes; payment checks payable to office, exemption.......................... SB 273 Traffic Courts; senior judge, cities over 300,000 population ................... HB 1714 Urban Enterprise Zones; create, purposes, locations ......................... HB 1854 Urban Enterprise Zones; tax classification authority, continue in force ......... SB 501
ATTORNEY GENERAL; Appeals, inmate habeas corpus case, notice to district attorney .........................................................HB 1279
ATTORNEYS (Also See Courts, Civil Practice, or Criminal Proceedings) Advertising; contingency fee case, disclose payments required ................. SB 570 Bail Bondsmen; attorneys engaging in business unlawful...................... SB 565 Eminent Domain Proceedings; payment of fees ............................. HB 1793 Fees, Civil Cases; provisions, limitations .................................... SB 434 Frivolous Court Actions; award of attorney's fees and expenses............... SB 371 Frivolous Lawsuits; award of fees, court costs, appeals.......................HB 1146 Indigent Legal Defense; certain action for damages prohibited .............. HB 1818 Law Practice Applicant; fingerprint check for criminal convictions............. SB 312 Magistrates; private law practice provisions ................................. SB 475 Magistrates; restrictions on practice of law .................................. HB 651 Motions, Pleadings; signature required, attests good faith, sanctions ........... SB 385 Prosecuting Attorneys' Council; training programs, child abuse ................ HR 477
AUCTIONEERS; Nonresident license, local governing authorities licensing powers ................................................................... HB 847
AUDIOLOGY; Examining Board, recreate .............................. HB 112

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INDEX

2355

AUDITS

Auditor, State; salary increase............................................. HB 1550

Debts; owed departments deemed uncollectable, procedures

HB 1536

Hospital Authorities; audit filing requirements .............................. HB 1355

Local Governments; change certain requirements

SB 228

Local Governments; requirements, procedures, state grants, federal audits ...... HB 858

State Auditor; G. W. Hogan elected ........................................ HR 458

AUGUSTA AREA TECHNICAL SCHOOL; Commend ......................... SR 400

AUGUSTA JUDICIAL CIRCUIT; Additional judge ........................ HB 182

AUGUSTA, CITY OF City Council; abolish offices, set elections .................................. HB 1590
City Council; membership, terms, election and quorum ....................... HB 821 Council; no authority to change election districts ........................... HB 1611

AUSTELL, CITY OF Ad Valorem Taxes; prompt payment discount, continue in force.............. HB 1691 Homestead Exemption; continue in force................................... HB 1780 Homestead Exemption; continue in force................................... HB 1689 Homestead Exemption; continue in force................................... HB 1692 New Charter; reincorporate ............................................... HB 1933

AUTHORITIES (Also See Development Authorities) Georgia Development Authority; recreate, powers ........................... HB 1686 Hospital Authorities; audit filing requirements .............................. HB 1355 Hospital Equipment Financing Authority Act; powers, investments, bonds...... SB 532 Residential Finance Authority; repeal Mortgage Subsidy Bond Tax Act ........ SB 580 Rural Economic Development Program; establish with APDCs ................ SB 294 State Development Authority; farm loan program, requirements .............. HB 1376 State Loans; to finance local water, sewerage facilities ........................ HR 363 State; directors, financial disclosure requirements ........................... HB 1286 Urban Residential Finance Authority, Atlanta; powers, loans, bonds .......... HB 1210

AUTO WORKERS UNION AND GENERAL MOTORS; Commend

SR 524

AVIATION Airlines; ad valorem tax returns, past due penalties ......................... HB 1539 Airport Noise; APDCs study, authorized by local government ................ HB 1203 Airports; municipal annexation, landowners petition, exempt Atlanta .......... SB 150 Pilots; Transportation Department employment discontinued at 65 years of age....................................................... SB 562

B
BACON COUNTY; Sheriffs office, compensation, deputies, auto, expenses . .... SB 566 BACON, ARTHUR T.; Condolences .......................................... SR 372 BACON, J. 0.; Condolences ................................................. SR 277 BAD CHECKS (Also See Banking and Finance)
Damages for Issuing; service charge, notice required.......................... SB 396 Fee for Issuance; standardize ............................................. HB 1354 No Account in Existence; notice provisions .................................. SB 307 No Account; notice provisions.............................................. SB 118 No Account; notice provisions.............................................. SB 266
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2356

JOURNAL OF THE SENATE

BAD CHECKS (Continued) Retail Home Installment Sales; fee charged to buyer ........................ HB 1353
BAHA'I RELIGIOUS FAITH; Recognize...................................... SR 384
BAIL (Also See Bonds) Bail Bondsmen; judges, attorneys, peace officers, prohibited from business . . SB 565 Criminal Procedure; deposits, forfeiture provisions ........................... HB 748 Criminal Sodomy Offense; bail limitations................................... SB 344 DUI Cases; delayed if faculties impaired .................................... SB 122 Traffic Violations; license deposited as bail, reinstated if fine and fee paid . . SB 552
BALDWIN, CITY OF; New charter, boundaries ............................ HB 2053
BANKING AND FINANCE African Development Bank; insurers invest in securities ...................... SB 144 Amend various Code provisions ........................................... HB 1281 Bad Checks; damages for issuing, service charge, notice required .............. SB 396 Bad Checks; fees, retail and home solicitation sales ......................... HB 1353 Bad Checks; no account, notice ............................................ SB 266 Bad Checks; no account, notice provisions................................... SB 118 Bad Checks; no account, punished as felony, notice provisions ................ SB 307 Bad Checks; standardize fee charged....................................... HB 1354 Branch Banks; authorize in metropolitan statistical areas .................. SB 65 Commercial Code; secured transactions, financing statements ................ HB 1364 Credit Cards; decrease loan finance charges ................................. SB 432 Credit Unions; public funds, deposits, investments authorized ................. HB 648 Currency Transactions; amount reported, check cashing businesses included .... SB 330 Definitions; financial examiners, bank powers, directors, provisions on checks . . HB 1281 Drug Money Transactions; unlawful, penalties ............................... SB 488 Financial Institutions; taxation provisions, rates ............................. HB 649 Interest on Judgments; written contracts bear rate specified ................. HB 1120 Interstate Banking; include Arkansas in definition ........................... HB 724 Intestate Decedent; monies deposited in decedent's name ..................... SB 311 Investment Trusts; fiduciaries' authority .................................... SB 112 Residential Finance Authority; powers, bonds, low cost loans.................. SB 420 Retail Installment Sales; interest charges allowed on accounts............. SB 431 Securities; commissioner's powers, regulation of dealers ...................... HB 1169 Trust Powers; bank transfers to affiliated trust companies ................... HB 1784
BANKS COUNTY Business Licenses; fees and taxes, continue in force ........................ .HB 2056 Motor Vehicle Registration; staggered tag sales ............................. HB 1994
BARANCO, GREGORY T.; Auto dealer, commend ............................ SR 386
BARBECUE CHAMPION; Slosheye Trail Big Pig Jig, commend................ SR 359
BARBERS License Provisions; continue State Board................................... HB 1219 Licensing; master cosmetologist ........................................... HB 1173
BARROW COUNTY Airport Authority; create, successor to Winder-Barrow Airport Authority...... HB 1845 Commissioners; records, bids, purchases, sessions ........................... HB 1844 Motor Vehicle Registration; staggered tag sales ............................. HB 2004
BARTOW COUNTY; Homestead exemption, school district taxes, elderly, referendum.............................................................. HB 2054
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INDEX

2357

BATHHOUSES; Prohibit operation, certain cases ........................... HB 1189

BEASLEY, JOHN C., BRIDGE; Designate over Altamaha River ............. SR 436

BEEF LABELING; Agriculture Department, regulations, certification ......... HB 1984

BEER (See Alcoholic Beverages and Alcoholism)

BELOW COST SALES ACT; Gasoline sales, civil actions, fees, damages .... SB 415

BERRIEN COUNTY Industrial Building Authority; continue in force ............................ HB 1451 Seaboard Railroad; protest Sylvester-Pearson abandonment................... HR 580

BERRIER, CHUCK; Criminal Justice Council, condolences ..................... SR 335

BERRY, IRENE; Commend .............................................. SR 383

BIBB COUNTY Board of Education and Orphanage; compensation and expenses, members . . .HB 1113 Macon-Bibb Consolidated Government; provide.............................. HB 734 Macon-Bibb County Board of Health; regulations, continue in force .......... HB 1884 Macon-Bibb County Consolidation; continue in force ........................ HB 1886 Macon-Bibb County Industrial Authority; continue in force ............... HB 1885 Macon-Bibb County Transit Authority; board members, insurance............ HB 1816 Macon-Bibb County Urban Development Authority; continue in force ...... HB 1902 Motor Vehicle Registration; staggered tag sales, referendum.................. HB 1924 Redevelopment Powers; referendum ....................................... HB 1988 Treasurer's Office; abolish ................................................ HB 1901 Zoning and Planning Rules; continue in force............................... HB 1883

BICENTENNIAL OF U.S. CONSTITUTION CELEBRATION COMMISSION; Create, joint..................................... SR 403

BIDS (See Contracts or Transportation)

BINDER, RICHARD; Commend ........................................ SR 354

BINGO GAMES Game Operations; limitation on persons assisting ............................ SB 383 Limitations; assistants' salary, participation in nonprofit organizations ......... SB 303

BIRTH CERTIFICATES Children's Trust Fund; fee charged, portion to Fund, CA ..................... SR 320 Children's Trust Fund, State; receive portion of fees charged ............... SB 401 Fees for Search or Copies; disposition ...................................... SB 333

BLACK ON BLACK CRIME COMMISSION; Create

SR 334

BLASTING OR EXCAVATING; Near underground utilities, regulations, notification centers....................................................... HB 1489

BLIND PERSONS Training in State Facilities Study Committee; create ......................... SR 441 Vending facilities; operated on state property................................ SB 106

BLOOD DONORS Donors; patient may provide, scheduled surgery or treatment ................. SB 575 Hospitals; prohibited from denying donors if patient provides................ HB 1524

BOATS Alcoholic Beverages; unlawful transportation, seizure in any county........... SB 356 Boat Safety; unlawful to operate under influence of alcohol, drugs............. SB 316

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2358

JOURNAL OF THE SENATE

BOATS (Continued)

Marine, Campground Facilities; membership, cancellation rights ............... SB 433

Motor Vehicle Towing Trailer; safety chain required .......................... HB 70

Operators Licensing Study Committee; create ............................... SR 396

Pilots; mooring and docking requirements, fees

HB 1242

Waterways and Traffic Offenses; juveniles, penalties, procedures............... SB 351

BOLL WEEVIL ERADICATION; Cotton growers', liens, borrow funds

HB 1682

BOND, STATE SENATOR JULIAN; Commend .............................. SR 505

BONDS Behavior, Peace; revise procedures, provisions ............................... SB 334 Criminal Procedure; deposits, forfeiture, release provisions .................... HB 748 Financing and Investment Commission; bond sales, capital outlay, investments SB 579 Residential Finance Authority; powers to issue bonds ........................ SB 420 Residential Housing; Mortgage Subsidy Act, repeal on federal action .......... SB 580 Revenue; cities over 150,000, street improvements, continue.................. HB 1618 Revenue; issued to finance local public facilities .............................. SR 92 Revenue; supplemental appropriation to GSFIC and GBA .................. HB 1140

BOONE, WILLIE LEE; Compensate ...................................... HR 635

BORDERS, DR. WILLIAM HOLMES; Commend ............................. SR 537

BOUNDARIES; Processioning of property boundaries, procedures ............. SB 325

BOXING AND WRESTLING COMMISSION, STATE; Regulate profession HB 39

BOXING COMMISSION; Termination date, boxing under the influence unlawful ............................................................... HB 1191

BOYLES, TOMMY; Georgia Recreation and Parks Society, introduction....... Page 584

BRANTLEY COUNTY Property Conveyance; to commission for industrial tract...................... HR 585 Superior Court Clerk, Probate Judge, Tax Commissioner; compensation .... HB 1758

BRANTLEY, RICHARD; National 4-H Championship, commend ............... SR 308

BRAYBOY, ELLA MAE; Black Women's Coalition, commend ........... SR 542

BREAST SURGERY; Patient's rights, informed consent requirements ...... SB 542

BREEN, NORMAN; Compensate .......................................... .HR 743

BRIDGES (See Highways, Bridges and Ferries)

BROOKS COUNTY Development Authority; continue in force ................................. .HB 1991
Property Conveyance; county landfill ...................................... HR 572

BROOKS, COACH MARION "BUTCH"; introduction ...................... Page 2013

BROOKS, MARION; Commend.............................................. SR 430

BRYAN COUNTY Business License; firms in unincorporated areas.............................. HB 931 Smith, Dr. W.K., Highway; designate, portion State Highway 67 ....... SR 339

BUCKNER, GAIL; Commend. ........................................ SR 535

BUDGET (See Appropriations and Fiscal Affairs)

BUFORD, CITY OF; Corporate limits ..................................... HB 2064

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INDEX

2359

BUILDING AUTHORITY, GEORGIA Appropriation, supplemental FY 85-86, capital outlay, bond proceeds ........ HB 1140 Hazardous Materials Removal Agency; asbestos in public buildings ........... HB 1952 Real Property Inventory; file State Properties Commission................... HB 1888
BUILDINGS AND HOUSING (Also See Housing) Glass Installation in Buildings; hazardous locations defined .................. HB 1490 Handicapped Access; exemption provisions .................................. SB 394 Handicapped Accessibility Standards; requirements ........................... SB 20 Historic Preservation; Natural Resources Department powers ................. SB 411 Housing Authorities; define eligible housing unit............................ HB 1839 Housing, Low Cost; multifamily units, eligibility for designation ............... SB 558 Public Buildings; agency to remove asbestos and hazardous materials ......... HB 1952 Public Buildings; state hazardous materials liability insurance fund........... HB 1953 Residential Finance Authority; powers, bonds, low cost loans. ................. SB 420 Smoke Detectors; required in new residential construction .................... SB 554
BULLARD, EDNA; Congratulate ............................................ SR 345
BULLOCH COUNTY Commissioners; chairman, clerk and deputy clerk ........................... HB 1981 Coroner; compensation, travel expenses .................................... HB 2020 Motor Vehicle Registration; staggered tag sales, referendum.................. HB 1957 Probate Court; compensation, clerk, part-time employees ................... HB 2018 Sheriff; deputies and employees, compensation, over-time.................... HB 2046 Superior Court; clerk of court personnel, compensation ...................... HB 2017 Tax Commissioner; assistant, part-time employees, compensation ............ HB 2019
BURKE COUNTY; License plates, staggered tag sales....................... HB 1850
BUSINESS (See Commerce and Trade or Professions and Businesses)
BUTTS COUNTY Commissioners; levy business license tax, fees ............................. .HB 1298 Commissioners; vacancies, vice-chairman ................................... HB 2022 Industrial Development Authority; continue in force ....................... .HB 1299 Superior Court Clerk; compensation ....................................... HB 1596 Tax Commissioner; compensation.......................................... HB 1918 Water, Sewer Authority; recreate Butts County, Flovilla, Jackson, Jenkinsburg Authority ............................................................. HB 1985

CAIRO, CITY OF Mayor, Council; qualifications, elections, districts, ex officio mayor............ HB 1760 Property Conveyance; to access new retail development ..................... .HR 633

CALHOUN COUNTY HIGH SCHOOL BASEBALL TEAM; Commend

SR 328

CALHOUN COUNTY Education Board; court orders, continue in force............................. SB 353 Seaboard System Railroad; protest closing, Lynn-Cuthbert segment. ........... SR 294

CALLAHAN, BILL; Commend............................................... SR 364

CAMDEN COUNTY Business License Tax; impose in unincorporated areas....................... HB 1547 Education Board; election of members, continue in force .................... HB 1548

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2360

JOURNAL OF THE SENATE

CAMDEN COUNTY (Continued) Motor Vehicle Registration; staggered tag sales, referendum.................. HB 2050
CAMILLA, CITY OF; Councilmen, voting districts, elections................. HB 1764
CAMPAIGN AND FINANCIAL DISCLOSURE (Also See Elections) Campaign Contributions and Expenditures; less than $101 reported ........... SB 543 Candidates; state-wide, legislative, reports .................................... SB 31 Commission; director's salary set by law .................................... HB 585 Commission; reconstitute as State Ethics Commission ....................... HB 1286 Contributions; investigations, illegal use of state employees ................... SB 261 Contributions; lawful use of funds, disposition upon death .................... SB 435 Disclosure; expenditures to influence local question on ballot................. HB 1339 Financial Statements; State officials, candidates.............................. SB 382 Reports; time for filing ................................................... HB 1530
CAMPBELL, LARRY; Commend ............................................ SR 380
CAMPGROUNDS; facilities, private membership, cancellation rights ..... SB 433
CAMPUS POLICEMEN; Security personnel, powers, change population figures .................................................... HB 568
CANCER, BREAST; Physicians distribute information booklet to patients . .... HB 615
CANDIDATES (See Elections)
CANDLER COUNTY; Metter-Candler County Airport Authority, create ...... HB 1880
CANTON, CITY OF; Corporate limits, change .............................. HB 1395
CAPITAL PUNISHMENT (See Death Penalty or Courts)
CAREER CONSULTING FIRMS; define fair business practices ............ HB 1218
CARNIVAL RIDE SAFETY ACT; enact, advisory board, regulations ......... SB 536
CARONDELET, SISTERS OF ST. JOSEPH; 150th Anniversary.......... SR 481
CARROLL COUNTY Civil Service Board; composition, terms, officers, appeals .................... HB 1789 Education Board; compensation and expenses .............................. HB 1948 Education Board; elections. ............................................... HB 1982 Government Authority Study Commission; create ............................ HR 794 Superior Court; clerk, compensation ....................................... HB 1983
CARROLLTON, CITY OF; Corporate limits, de-annexation, exclude certain property ................................................................ HB 1711
CARTER, JIMMY, PARKWAY; Designate Corridor Z Highway in honor ...... HR 55
CARTERSVILLE, CITY OF; Development Authority, continue in force ...... HB 1894
CASTRONIS, MIKE; Georgia cheerleaders' coach, remarks .................. Page 1239
CATOOSA COUNTY Commissioner; compensation, allowances ................................... HB 1244 Elected Officials; hospitalization insurance, budgets, bids .................... HB 1950 Probate Court; clerical allowance .......................................... HB 1951 Tax Commissioner; compensation, personnel................................ HB 1976 Utilities Board; compensation of members.................................. HB 1949
CAVE SPRING, CITY OF; School for the Deaf, property conveyance to city. . . SR 289
CEDARTOWN, CITY OF; Development Authority, continue in force ......... HB 1943
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INDEX

2361

CEMETERIES; Regulations, records, change procedures, requirements

HB 1460

CENTERVILLE, CITY OF; Redevelopment powers, referendum

HB 1967

CENTRAL STATE HOSPITAL

Commend Senator Culver Kidd building designation

SR 484

Culver Kidd Medical and Surgical Building; designate........................ SR 361

Joe T. Wood War Veterans Home; designate ................................ SR 361

Milledgeville, City of; change corporate limits ............................... SB 367

CERTIFICATE OF NEED

Health Planning Review Board; appeals, planning agency no judicial review HB 1591

Hospitals; rule changes, previously reviewed applications exempt

.HB 1192

Outpatient Clinics in Hospital; exempt from requirements ................... HB 1591

CHALLENGER ASTRONAUTS; Condolences................................. SR 336

CHAMBERS, R.E. MEMORIAL BRIDGE; Designate, Chatsworth ........... SR 292

CHANCEY, BERT; National 4-H Championship, commend .................... SR 311

CHAPLAINS OF THE DAY Amos, Mary ........................................................... Page 1992 Barnard, Edwin D....................................................... Page 241 Childs, Judson.......................................................... Page 606 Conyers, Joe ........................................................... Page 125 Garner, Senator Wayne.................................................. Page 398 Hasty, Charles R. ...................................................... Page 1139 Henderson, Cornelius .................................................... Page 72 Howell, W. B. .......................................................... Page 290 Huyck, Albert .......................................................... Page 565 Jackson, James ......................................................... Page 668 Kinchen, Harry ........................................................ Page 1299 McCalep, George ....................................................... Page 524 Mcllrath, Jim ......................................................... Page 1005 Mitchell, Bennie R. .................................................... Page 1438 Moorhead, Warren ...................................................... Page 330 Myers, Cecil............................................................ Page 171 Norton, Bob............................................................ Page 477 O'Brien, Patrick ......................................................... Page 14 Pittard, Gordon ........................................................ Page 839 Poole, Jerry ............................................................. Page 61 Query, Tom ............................................................. Page 39 Reighard, Ike..................................................... Pages 398, 1551 Rupard, Angela ......................................................... Page 869 Salter, Rastus ......................................................... Page 1361 Shy, Peter Randolph ................................................... Page 1207 Swan, Fred............................................................. Page 202 Swilley, Jimmy R. ....................................................... Page 46 Tarpley, Joe............................................................ Page 144 Waters, James W. ...................................................... Page 370 Watson, Renfroe ....................................................... Page 1074 Whittenburger, W. L. & Nancy ......................................... Page 1780 Withers, Harold ........................................................ Page 729

CHARITABLE ORGANIZATIONS Campaign Contributions; lawful use of funds ................................ SB 435 Prize Giveaways; exempt from lottery prohibitions, certain cases .............. SB 559

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2362

JOURNAL OF THE SENATE

CHARITABLE ORGANIZATIONS (Continued) Professional Fund Raisers; name registration, fees, annual reports

HB 1438

CHARLTON COUNTY; Tax Commissioner, compensation ................... SB 600

CHATHAM COUNTY Alcoholic Beverage Sales; near churches, schools, population figures ........... SB 449 Artillery, 200th Anniversary; recognize ...................................... SR 520 Chatham Area Transit Authority; create, repeal Savannah Transit Authority HB 1699 Civil Service System; continue in force..................................... HB 1567 Commissioners; provide transit services ................................... .HB 1698 Education Board; ad valorem tax exemption, continue in force ............... HB 1563 Homestead Exemption; continue in force................................... HB 1565 Hospital Authority; members, limit terms of office .......................... HB 1008 Magistrate Court; judge emeritus, additional magistrates, compensation ....... HB 1877 Officials; compensation .................................................. HB 1554 Officials; compensation ................................................... HB 1552 Ordinances, Business License Tax; continue in force ........................ HB 1566 Property Tax; commissioners' authority, continue in force ................... HB 1568 Recorder's Court; judges, compensation ..................................... HB 967 Sheriff and Superior Court Clerk; compensation ............................. HB 799 Street, Sidewalk Maintenance; continue in force ............................ HB 1569 West Chatham County; hospital authority, continue in force ................. HB 1564

CHATHAM, J. HOWARD; Commend ........................................ SR 373

CHATSWORTH, CITY OF Mayor, Aldermen; date to take office ...................................... HB 1422 R.E. Chambers Memorial Bridge; designate over Rock Creek.................. SR 292

CHATTAHOOCHEE COUNTY Business License Fees; continue in force .................................. .HB 1400 Education Board; continue in force ....................................... .HB 1398 Industrial Development Authority; continue in force ........................ HB 1401 School Superintendent; appointment, continue in force ..................... .HB 1399 Sheriff; operating expenses................................................ HB 1724 Sheriff; provision for office, continue in force .............................. .HB 1402

CHATTAHOOCHEE JUDICIAL CIRCUIT; District Attorney, salary, add two assistants ...................................................... .HB 1457

CHATTOOGA COUNTY Board of Commissioners; create, elections, referendum....................... HB 1972 Development Authority; powers, duties, continue in force .................... HB 1871 Education; local sales tax proceeds, allocation formula....................... HB 1825 Hospital Authority; vacancies ............................................. HB 1870 State Court; judge, private practice of law, solicitor's qualifications ........... HB 1826

CHEROKEE COUNTY Commissioners; create board, election and terms ............................ HB 1005 Education Board; appointment of chairman ................................ HB 1710 Water, Sewerage Authority; contracts, provide street lights ................... SB 569

CHEROKEE JUDICIAL CIRCUIT Assistant District Attorney; duties, compensation, expenses .................. HB 1744 District Attorney; investigator, compensation ................................ HB 637

CHILD ABUSE (Also See Minors) Family Violence; arrest, persons living together meretriciously .............. .HB 1447 Hearsay Evidence; child testimony on sexual, physical abuse allowed .......... HB 289

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INDEX

2363

CHILD ABUSE (Continued)

Juvenile Detention Hearings; deprived child petition ......................... SB 309

Prevention Act; Children's Trust Fund Commission, create ................... SB 413

Prevention Act; Children's Trust Fund, CA ................................. SR 320

Prevention Act; create Children's Trust Fund ............................... SB 401

Prevention Programs; create Children's Trust Fund, CA ...................... SR 330

Professional Training Development; criminal justice, social services

HR 477

Restitution; urge courts order, for victims of sexual abuse .................... HR 476

Teachers; witness leave, subpoenaed to testify in court ...................... HB 1416

CHILD CARE CENTERS (Also See Day Care Centers or Personal Care Homes) Criminal Records Search Fees; Human Resources set........................ HB 1420 Emergency Powers; relocation of residents, monitors ........................ HB 1262 Establish for State Employees; pilot project ................................. SB 306 Family and Group Day Care Homes; licensing ............................... SB 404 Licensing; restrictions, revocations, penalties................................ HB 1225 Personnel; criminal record check procedures ................................ HB 1261

CHILD CARE; AFDC Recipients; Employment and Community Help Program, PEACH.................................................................. SB 465

CHILD SUPPORT Alimony; revision of judgment, time provisions .............................. SB 211 Enforcement; garnishment, insurance, foster care, tax setoffs .................. SB 241 Modifications; caused by change in needs or status. .......................... SB 445

CHILDREN AND YOUTH STANDING COMMITTEE; Subcommittee appointed ............................................................... Page 22

CHILDREN (Also See Minors) Missing Children Information Center; create within GBI..................... HB 1263

CHILDREN'S TRUST FUND Child Abuse and Neglect Prevention Act; enact.............................. SB 401 Child Abuse and Neglect Prevention Programs; provide, CA .................. SR 330 Child Abuse and Neglect Prevention Act; enact ............................. SB 413 Child Abuse Prevention, CA ............................ SR 320

CHIROPRACTORS Hospital Privileges; denied, revoked, report to examining board .............. HB 1435 Licensing; education requirements, foreign schools ........................... SB 302 Scope of practice ......................................................... HB 156

CHOW, SONJIA; National 4-H Championship, commend....................... SR 306

CHURCHES Beer and Wine Sales; prohibitions, distances, exceptions...................... SB 364 Clergy Counseling; court actions, deemed privileged communication ........... SB 589

CIGARS; Tax; reduce rate on wholesale cost price ............................ HB 775

CITIES (See Municipalities or Local Government)

CIVIL DEFENSE (See Emergency Management)

CIVIL PRACTICE (Also See Courts) Actions; written notice to all parties ........................................ SB 100 Allegations; no duplication................................................. SB 454 Arbitration Code; extend construction contract provisions to all contracts ...... SB 540 Attorney's Fees; provisions, limitations...................................... SB 434

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2364

JOURNAL OF THE SENATE

CIVIL PRACTICE (Continued) Court Costs, Attorney's Fees; frivolous lawsuits, awards, appeals ............ .HB 1146 Courts; fees charged for filing ............................................. HB 1644 Dismissal of Action; renewal, requirements, double costs...................... SB 315 Dismissal of Actions; change time, procedure ............................... HB 1185 Evidence; privileged information, medical, mental health, clergy records........ HB 962 Foreign Judgments; uniform enforcement ................................... SB 164 Frivolous Court Actions; award of attorney's fees and expenses................ SB 371 Guardian; sale of property, service on guardian if ward under 14 years ..... HB 1571 Habeas Corpus; relief from judgment if based on insufficient evidence ...... SB 461 Judgment by Default; provisions ........................................... SB 101 Judgments; change provisions for relief, setting aside......................... SB 457 Jury Charges; reduced to writing, provisions................................. SB 313 Medical Malpractice; potential action, limitations, appointment of guardian .... SB 459 Motions, Pleadings; attorney signature attests good faith, sanctions ............ SB 385 Penal Inmate; filing action against government, forms ........................ SB 460 Probate of Wills; acknowledgment of service, notarize ....................... HB 1324 Trials; order changed if elderly person is party .............................. SB 173
CLAIMS ADVISORY BOARD; Corrections Commissioner, member, quorum set ..................................................................... HB 1314
CLARKE CENTRAL HIGH SCHOOL FOOTBALL TEAM; Commend.......... SR 349
CLARKE COUNTY Coroner; compensation ................................................... HB 1919 District Attorney; certain staff positions permanent ......................... HB 1661 State Court; judge, compensation .......................................... HB 1964
CLAYTON COUNTY PTA COUNCIL; Commend ............... SR 431
CLAYTON COUNTY Business Licenses and Regulations; continue in force ....................... HB 2041 Civil Service System; wages or salaries, continue in force .................... HB 2040 Commissioners Board; compensation, vice-chairman ......................... HB 2031 Coroner; compensation ................................................... HB 2037 Education Board; chairman, terms, vacancies ............................... HB 2029 Education Board; school superintendent, continue in force ................... HB 2039 Education Board; vacancies ............................................... HB 2030 Homestead Exemption; increase for certain residents, referendum .......... .HB 2028 Juvenile Court; judge, compensation ....................................... HB 1064 Ordinances; penalties, continue in force .................................... HB 2042 Probate Court; judge, compensation ....................................... HB 2033 Sheriff; deputy, clerk of superior court, compensation ....................... HB 2034 State Court; deputy clerk, judge and solicitor, compensation, fines............ HB 2035 Tax Commissioner; deputy, compensation .................................. HB 2036 Waterworks and Sewerage System; indebtedness, bonds, continue in force.... HB 2043
CLAYTON JUDICIAL CIRCUIT District Attorney; salary supplement....................................... HB 2038 Superior Court Judges; salary supplement.................................. HB 2032
CLAYTON, CITY OF; Homestead exemption, certain elderly residents ........ SB 571
CLEVELAND, CITY OF; Urge commemorative stamp, Toorchen's "Courthouse Museum in Cleveland" ................................................ SR 388
CLINTON, Dr. William L.; introduction ..................................... Page 39
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INDEX

2365

COASTAL MARSHLANDS PROTECTION ACT; Natural Resources Commissioner, powers and duties........................................... SB 450
COASTAL MARSHLANDS; Traffic regulations, enforcement on private roads in coastal areas ........................................................... SB 417
COASTAL ZONING; Salt-water area counties, zoning procedures, advisory boards ................................................................... HB 911
COBB COUNTY JUDICIAL CIRCUIT; District Attorney, Investigators, salary................................................................... HB 1963
COBB COUNTY Alcoholic Beverage Sales; near churches, schools, exclude ..................... SB 449 Alcoholic Beverages; tax revenue to schools, continue in force ................. SB 547 Alcoholic Beverages; tax revenue for education, continue in force ............. HB 1782 Annexation Provisions; municipalities with independent school systems ........ SB 328 Assets and Obligations; abolished municipalities, continue in force............ HB 1779 Business Licenses; fees and occupational taxes, continue in force ............. HB 2070 Civil Service System; continue in force..................................... HB 1773 Civil Service System; employees withdrawal from coverage................... HB 2069 Cobb-Marietta Coliseum and Exhibit Hall Authority; membership, bonding limits ................................................................ .HB 2012 Commissioners; compensation ............................................ HB 1540 Community School Program; commend ..................................... SR 355 Education Board; authority, continue in force ............................... SB 548 Education Board; districts, continue in force ............................... HB 1781 Education Board; legislation enacted without referendum, continue in force ... SB 549 Education Board; members, compensation................................... SB 487 Fire Protection Districts; continue in force ................................. HB 1768 Homestead Exemption; increase, referendum ............................... HB 1522 Juvenile Court Judge; compensation ........................................ SB 372 Local Governments Study Commission; create ............................... SR 447 Lost Mountain Scenic Highway; designate................................... HR 472 Marietta; deannex certain city property ..................................... SB 452 Marietta; deannex certain property ......................................... SB 324 Medical Examiner; continue in force....................................... HB 1774 Ordinances; penalties, continue in force .................................... HB 1778 Probate Court; compensation of judge and clerk ............................. SB 578 School Superintendent; appointment, continue in force ...................... HB 1776 Sewerage System; bonds, continue in force ................................ .HB 1775 Sheriff; chief deputy and chief investigator, salary .......................... HB 1557 Sheriff; chief deputy, chief investigator, compensation ........................ SB 577 Solid Waste Facilities; bonds, continue in force ............................. HB 1770 South Cobb County Courthouse Facilities Study Commission; create........... SB 486 State Court; abolish second division and associate judgeship ................. SB 556 State Court; change certain costs .......................................... HB 1750 State Court; clerk and chief deputy clerk, compensation ...................... SB 550 State Court; judges, compensation ......................................... HB 1907 State Court; solicitor, assistant solicitors, compensation...................... HB 1929 Superior Court; clerk and deputy, compensation ............................ HB 1749 Tax Commissioner; compensation of chief clerk .............................. SB 602 Tax Commissioner; compensation.......................................... SB 275 Water Authority; bonding limits, compensation, vacancies, bids .............. HB 1898

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2366

JOURNAL OF THE SENATE

COBB JUDICIAL CIRCUIT

Judges; payment of retirement expenses .................................... SB 285

Judges; salary supplement

SB 373

COBB, SENATOR KYLE; Excused

Pages 478, 805, 908, 1459

COCA-COLA COMPANY; 150th Anniversary; commemorate.................... SR 502

COCAINE TRAFFICKING; Cocaine mixture, illegal to sell or possess......... SB 397

CODE OF GEORGIA

Comptroller General; change title to Insurance Commissioner throughout

HB 1507

Elections, Title 21; revisions, corrections ................................... HB 1215

Retirement, Title 47; revisions, corrections ................................. HB 1214

Revisions; correction of errors and omissions ............................... HB 1213

COGGIN, J. MILTON; Commend ............................................ SR 287

COILE, LAUREN M; GMA President, commend.............................. SR 413

COLEMAN, HONORABLE ROSCOE; Former State Senator, introduction . . . . Page 2049

COLEMAN, ROSCOE; Commend ............. SR 515

COLEMAN, WAYNE; Relative to Alday family murders ...................... .HR 461

COLLEGE PARK, CITY OF; Corporate limits; annexation ................. .HB 2044

COLLEGES AND UNIVERSITIES (Also See University System or Education) Athletics; urge regents establish NCAA curriculum guidelines ................. SR 367 DeKalb County Junior College; continue in force ........................... HB 1442 Developmental Studies Programs Study Committee; create, joint .............. SR 389 Laboratory, Rehabilitation Technology, Scholars Study Committee; create.... SR 356 License Plates; Fort Valley State College........................... SB 423 License Plates; Georgia Southern, West Georgia, Albany State ............... HB 1444 License Plates; Georgia State, Morris Brown Colleges ....................... HB 1384 License Plates; Georgia Tech Centennial, extend time ...................... .HB 1360 License Plates; Morehouse, Mercer, Valdosta State, Macon Junior Colleges. .... SB 484 License Plates; Morris Brown College ....................................... SB 560 License Plates; Savannah State College ..................................... SB 424 License Plates; University of Georgia, extend issue .......................... HB 1500 License Plates; Young Harris College ....................................... SB 293 Military Draft; student ineligible for state aid unless registered ............... HB 969 Military Draft; student ineligible for state aid unless registered ............... SB 402 Student Loans; income tax refunds, debt collection setoff. .................. .HB 1464

COLLINS, CITY OF; Mayor, terms of office, referendum ................... .HB 1717

COLLINS, WILLIAM C.; Commend........................... SR 418

COLQUITT COUNTY Commissioners; composition, elections, districts, compensation ............... HB 1809 Commissioners; election of members ........................................ HB 983 Education Board; compensation and expense allowances .................... .HB 1810 Education Board; composition, elections, districts, referendum .............. .HB 1811

COLUMBIA COUNTY Commissioners; provide for continuation ................................... HB 1527 Motor Vehicle Registration; staggered tag sales, referendum.................. HB 1980 Tri-County Water Authority; create ....................................... HB 1729

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INDEX

2367

COLUMBUS, CITY OF Airport Commission; continue in force ...................................... HB 514 Building Authority; continue in force ....................................... HB 515 Charter Review Commission; continue in force............................... HB 529 Columbus-Muscogee County Consolidated Government; ethics violations ... HB 1651 Columbus-Muscogee County consolidation; continue in force .................. HB 518 Mayor, Councilman; vacancies............................................. HB 1787 Muscogee County School Merger; continue in force .......................... HB 510 Port Development Commission; continue in force ............................ HB 516 Property in Transit; tax exemption, continue in force ........................ HB 528 Rapid Transit System; Columbus to Atlanta feasibility study, create........... SR 360 Street Improvement Bonds; continue in force................................ HB 520
COMER, CITY OF; Mayor, term of office .................................. HB 1955
COMMERCE AND TRADE (Also See Professions and Businesses) Art Dealers; sales, requirements, disclosure, warranties ...................... HB 1253 Attorneys; advertising, contingency cases, disclose payments required .......... SB 570 Bad Checks; fee charged, retail and home solicitation sales .................. HB 1353 Campground, Marine Facilities; membership contracts, cancellation rights ...... SB 433 Deceptive Practices; seminar to sell goods, services, must state purpose ........ SB 326 Development Districts; create, commercial, industrial, procedure............... HR 718 Fireworks Sales; permits, definitions, license requirements .................... HB 264 Gasoline Stations, Self-Service; attendant required to aid handicapped..... SB 588 Office Supply Transactions; deceptive practices ............................. HB 1282 Promotional Giveaway Contests; regulations, requirements, time-sharing........................................................... HB 1439 Retail Installment Sales; interest charges on revolving accounts ............... SB 431 Sales, Manufacturers' Representative; contract with principal, commissions ..... SB 292 Securities Dealers; regulation, commissioner's powers ........................ HB 1169 Small Businesses in Georgia Study Committee; create ........................ SR 291 State Examining Boards; powers, unlicensed person practicing business ..... SB 368 Telephones; regulate automatic dial, recorded message calls.................. HB 1218 Telephones; regulate automatic dial, recorded message calls............... HB 790 Temporary Help Services Week; designate .................................. HR 809
COMMERCE, CITY OF; Corporate limits, city manager, school tax, school board compensation ............................................... HB 1932
COMMERCIAL CODE; Secured Transactions, financing and continuation statements .............................................................. HB 1364
COMMISSIONS, BOARDS Agriculture Commission; create, provide for studies, recommendations ......... SB 365 Agriculture Commission; urge Governor appoint ............................. SR 402 Architects Board, State; membership, violations, penalties ................... HB 1295 Arts and Humanities Council, State; redesignate as Council for the Arts ....... SB 428 Asbestos Licensing Board; create, regulations ................................ SB 409 Atlanta-Fulton County Taxation Study Commission; create ................... HR 686 Barbers Board; continuation .............................................. HB 1219 Black on Black Crime Commission, Governor's; create........................ SR 334 Boxing and Wrestling Commission, State; powers ............................. HB 39 Boxing Commission; continue, boxing under influence, penalties ............ HB 1191 Campaign, Financial Disclosure Commission; investigations ................. SB 261 Carnival Ride Safety Advisory Board; create ................................ SB 536 Children's Trust Fund Commission; Child Abuse Prevention Act .......... SB 413
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2368

JOURNAL OF THE SENATE

COMMISSIONS, BOARDS (Continued)

Children's Trust Fund; Child Abuse, Neglect Prevention Act.................. SB 401

Children's Trust Fund; child abuse, neglect prevention program ............... SR 330

Claims Advisory Board; Corrections Commissioner serve, quorum............. HB 1314

Clinical Laboratory Science Practitioners; licensure .......................... SB 403

Coastal Counties; Zoning Advisory Board, establish .......................... HB 911

Coastal Marshlands Protection Committee; Natural Resources powers

SB 450

Cobb County Local Governments Study Commission; create .................. SR 447

Condemnation of Public Property Commission; create,

eminent domain powers ................................................ HB 1361

Corrections Board Members; reimbursement for travel expenses ............... SB 437

Cosmetology Board; membership, termination date.......................... HB 1173

DeKalb County Government Study Commission; create....................... HR 660

Delinquency Prevention Committee; community alternatives to juvenile

detention ...................................................... SB 546

Education, State Board; members, per diem allowances....................... SB 427

Elections Board, State; membership, per diem ................................ SB 72

Environmental Facilities Authority, Georgia; create to aid local governments . .HB 1142

Ethics Commission, State; campaign, financial disclosure ................... .HB 1286

Financing and Investment Commission; create State Construction Fund, CA SR 427

General Assembly Institution Study Commission; create, joint................. SR 377

Georgia Development Authority; membership, powers, programs.............. HB 1686

Government Liability Commission; re-create, joint ........................... SR 338

Hazardous Materials Liability Insurance Fund; state agencies, asbestos

removal ............................................................... HB 1953

Hazardous Materials Removal Agency; create within Georgia Building

Authority ............................................................. HB 1952

Health Care Data Advisory Committee; create in Health Planning Agency . HB 1285

Indigent Health Care Funding Task Force; urge Governor create .............. HR 716

Juvenile Justice Commission; create ........................................ SB 203

Juvenile Justice Equalization Task Force; duties ............................. SB 222

Landscape Architects Board; change termination date ....................... HB 1236

Landscape Architects, State Board; continue to 1992 ......................... SB 354

Legislative Educational Research Council; abolish........................... HB 1653

Legislative Educational Research Council; renamed House Research Council. . .HB 1127

Magistrate Court Judges Council; create ................................... HB 1414

Medical Examiners Board; disciplinary powers, physicians .................... SB 497

Medical Profession; committee to study separate regulatory board ............. SR 421

Nursing Home Administrators Board; powers, termination date ............. .HB 1177

Occupational Regulation Review Law; create advisory council ................. HB 850

Physical Therapy Board; powers, terms, termination date.................... HB 1175

Psychologists Board; powers, duties, termination date ....................... HB 1176

Real Estate Commission; powers, duties, subdivided land sales ............... HB 1343

Residential Finance Authority; powers, programs, bonds, loans ................ SB 420

Rural Economic Development; create advisory board, recommend projects...... SB 294

Shore Assistance Committee; powers to Natural Resources Commissioner ...... SB 450

South Cobb County Courthouse Facilities Study Commission; create......... SB 486

Speech-Language Pathology and Audiology; examining board ................ .HB 112

State Patrol Disciplinary Board; change composition ......................... HB 460

Substance Abuse Advisory Council; Governor's Mental Health Council........ HB 1385

U.S. Constitution Bicentennial Celebration; create, joint ...................... SR 403

Youth Development Centers Study; authorize advisory committee ............. SR 526

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INDEX

2369

COMMITTEES, STUDY (Also See Commissions, Boards)

Age of Criminal Responsibility Study Committee; juveniles, capital felony

offenses ............................ .................................... SR 411

Blind Persons; State facilities for training ................................... SR 441

Boat Operators Licensing Study Committee ................................. SR 396

Carroll County Government Authority Study Commission .................... HR 794

Dental Laboratories; commercial, licensure .................................. SR 472

Drug Classification Study Committee; nonprescription drugs .................. SR 165

Drug Samples; illegal diversion, distribution study committee ................. SR 487

Educational Developmental Studies Programs Joint Study Committee ......... SR 389

Emergency Medical Services Systems Joint Study Committee .....

SR 316

Farm Labor Sanitation Joint Study Committee .............................. HR 687

General Assembly Institution Joint Study Commission ....................... SR 377

Governmental Liability Commission; re-create, joint.......................... SR 338

Head Injury Treatment and Rehabilitation Study Committee ................. SR 463

Health Care Supply and Financing; indigent care, hospital sales............... SR 394

Historic Preservation Projects; revitalize business districts .................... SR 490

Hunter Safety Course Study Committee ................. SR 423

Insurance; liability, motor vehicle cost containment, availability ............... HR 577

Insurance, Private Long-term Health Care Study Committee.................. SR 314

Law Enforcement Officer Salary Incentive Study Committee .................. SR 365

Law Enforcement Officer Training, Salaries; revenue sharing, study committee . SR 323

Law Enforcement Programs; revenue sharing, joint study committee ........... SR 324

Medical Profession; effectiveness of separate regulatory board ................. SR 421

Mental Health Facilities Staffing Joint Study Committee ....................... SR 8

No Pass, No Play Joint Study Committee......................... SR 290

Peace Officers' Annuity and Benefit Fund Study Committee .................. SR 174

Public Safety Officers' Compensation; local officers, study committee .......... SR 453

Rail Line Abandonments Study Committee ................................. SR 150

Railroad, L&N Atlanta to Chattanooga Lease Study Committee .......... SR 151

Retirement and Pension Board Consolidation Joint Study Committee ......... SR 366

Seat Belts and Safety Restraints on School Buses Study Committee ........... SR 422

Small Businesses in Georgia Study Committee................... SR 291

Tandem Trailer Access to Public Roads Joint Study Committee .............. HR 465

Transportation; to study developmental highway system, port system ....... SR 480

University System Laboratory, Rehabilitation Technology,

Scholars Endowment .................................................... SR 356

Urban County and Municipal Joint Study Committee ......................... SR 29

Vehicle Weight Limits; turning-support axle equipment ...................... SR 435

West Georgia Rapid Transit System; Columbus to Atlanta.................... SR 360

Workers' Compensation Coverage Joint Study Committee; independent

contractors ......................................................... SR 438

Workers' Compensation Study Committee; insurance reform .................. SR 446

Youth Development Centers; establish advisory committee.................... SR 526

COMMUNICATIONS FROM SECRETARY OF STATE ................................... Pages 80, 122, 292, 521, 836, 1137, 1540

COMMUNITY AFFAIRS DEPARTMENT Airport Noise; APDCs study, authorized by local government ................ HB 1203 Commissioner; salary set by law............................................ HB 585 Foreign Agriculture Investors; development bonds, urge disapprove ............ SR 341 Metropolitan APDC; regional public projects, operating expenses ............ .HB 1293 Metropolitan River Protection; applications, overview of rules................. SB 317 Rural Economic Development Program; establish with APDCs ................ SB 294

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2370

JOURNAL OF THE SENATE

COMMUNITY AFFAIRS DEPARTMENT (Continued) State Loans; to finance local water, sewerage facilities ........................ HR 363
COMMUNITY CARE SERVICES; Elderly, agencies authorized to serve ...... SB 233
COMMUNITY WORK EXPERIENCE PROGRAMS Employment and Community Help Program, PEACH; AFDC recipients participate ............................................................. SB 465 Employment Training, PEACH; Human Resources administer ................ HB 136
COMPENSATION RESOLUTIONS Boone, Willie Lee; compensate ............................................. HR 635 Breen, Norman; compensate ............................................... HR 743 Johnson, Terry Lamar; compensate ......................................... HR 642 Millsaps, Martha; compensate .............................................. HR 520 Nail, Wyman, Jr. and Rhonda; compensate.................................. HR 593 Nettles, M. C.; compensate ........................................... HR 689 Palmer, Mickey; compensate ............................................... HR 570 Peterson, Annie M.; compensate............................................ HR 567 Sawyer, Barbara Ann Rozier; compensate ................................... HR 643 Smith, R. Glenn; compensate .......................................... HR 481 Webb, Paul, Kwik Kopy #206; compensate........................... HR 666 Woodall, Franklin D.; compensate ..................... HR 742
COMPTROLLER GENERAL; Change title to Insurance Commissioner throughout Code........................................................HB 1507
CONDEMNATION OF PUBLIC PROPERTY COMMISSION; Acquisition and eminent domain powers .............................................. HB 1361
CONDOMINIUMS; Residential sales, executed documents to buyer required SB 537
CONFLICTS OF INTEREST (Also See Ethics or Elections) Campaign Contributions; lawful use of funds, disposition upon death .......... SB 435 Elected Officials; indicted, convicted, suspension and salary provisions .... .HB 1287 Ethics Commission; create, campaign financial disclosure ................. HB 1286 Financial Disclosure Statements; State officials, candidates................... SB 382 State Employees; political activities authorized off-duty ...................... SB 305
CONGRESS, U.S. (Also See Federal Government) Block Grants; Headstart, low-income energy assistance, urge funding ........ SR 319 Candidates; delete affidavit requirements..................................... SB 69 Candidates; not required to be registered voter .............................. SR 39 Constitutional Amendment of 1789; ratify, to limit salary increases ............. SR 14 Constitutional Amendment; urge deduct state taxes from federal taxes......... HR 597 Constitutional Amendment; urge election of federal judges, joint ............ SR 346 Constitutional Amendment; urge line item veto, require balanced budget....... SR 283 Constitutional Amendment; urge prayer in public schools ..................... SR 376 Constitutional Convention; call to urge deduction on bond interest, state taxes . SR 462 Constitutional Convention; urge, prayer in public schools .................... .HR 517 Death Penalty Appeals; urge time limitations, federal courts ............... SR 344 Firearms Owners Protection Act; commend Georgia delegation ................ SR 332 Job Training Partnership Act; urge change income qualifications ......... SR 405 Members; filling vacancy in office ......................................... HB 1501 Navajo-Hopi Land Resettlement Act; urge repeal ........................... .HR 679 Social Security; urge eliminate benefit level disparity......................... HR 578 Timber Products; urge limit foreign imports, Canadian ....................... SR 465

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INDEX

2371

CONSERVATION AND NATURAL RESOURCES (Also See Natural Resources or Environmental Protection) Asbestos Safety Act; create board, licensing ................................. SB 409 Dams Act, Safe; grants for repairs, extend certain exemptions .............. HB 1143 Hazardous Materials; aid in mitigating damage, no liability ................... HB 153 Hazardous Waste Disposal, Treatment; definitions, guarantor's liability ...... .HB 1144 Herty Foundation; research powers, fibers, materials ........................ HB 1462 Hunter Safety Course Study Committee; create .............................. SR 423 Sapelo Island Heritage Authority Act; Hog Hammock Community............ HB 1938 Septic Tank Waste Dumping; unlawful discharge public systems ............. HB 1424 Soil and Water Conservation District Supervisors; commend .................. SR 390 State Parks; certain hunting, trapping allowed, prior permission.............. HB 1325 Underground Storage Tank Act; manage regulated substances storage. ....... .HB 1145 Water Pollution Control; permits, penalties, federal funds ................... HB 1280 Wood Burning, Controlled; prior notice ......................... SB 98
CONSERVATION DISTRICT SUPERVISORS; Commend ............. SR 390
CONSOLIDATED GOVERNMENTS; Motor fuel tax, levy for public facilities, referendum ...................................................... SB 265
CONSTABLES; Magistrate Court, minimum age 21 years ................... .HB 1220
CONSTITUTION, U. S., BICENTENNIAL COMMISSION; Create, joint SR 403
CONSTITUTIONAL AMENDMENTS Appropriations; excess funds received, disposition by law ...................... SR 42 Appropriations; supplemental bills prohibited except in emergency ............ SR 123 Children's Trust Fund; child abuse prevention programs, create ............... SR 320 Children's Trust Fund; child abuse prevention program, create................ SR 330 Construction Fund, State; create, sinking fund investment, bond proceeds...... SR 427 Counties, Cities; incur limited short-term debt, certain cases ................... SR 12 Courts, Rule-making Powers; General Assembly enactment paramount ......... HR 525 Development Districts; create commercial, industrial, procedure ............... HR 718 Education; local boards elected, superintendents appointed ............... SR 37 Elections; congressional candidates not required to be registered voter ....... SR 39 Emergency Medical Services; counties assess vehicle license fee ............... SR 317 Emergency Medical Technicians; publicly employed, indemnification if killed ... HR 69 Eminent Domain Powers; counties and municipalities ........................ SR 358 Ethics Commission; campaign, financial disclosure .......................... HB 1286 General Assembly; members, four-year term of office ........................... SR 5 Indemnification; peace officers, firemen, prison guards, EMTs ................ .HR 644 Initiative Petition; enacted by people ........................................ SR 30 Judges; felony conviction, suspension from office, compensation ............... HR 506 Judges; Supreme, Appellate, Superior; appointed initially, elected thereafter ... SR 398 Judges, Superior and State Courts; delete nonpartisan elections ............... SR 182 Legislative Overview; General Assembly veto power, State agency rules ......... SR 46 Local Amendments; disclosure of contributions to influence question on ballot. ..................................................... HB 1339 Local Government; bonds to finance public facilities .......................... SR 92 Local Government; local option sales tax for public facilities ................... SR 25 Local Road Improvement Authorities; create by referendum .................. HR 662 Pardons and Paroles Board; limited parole powers ............................ SR 26 Pardons and Paroles; life sentence for murder, parole limited .................. SR 83 Public Officers; federal indictment, suspension, no compensation ............. .HR 505 Public Officers; suspension from office upon federal indictment................. SR 13 Public School Employees; retired, health insurance plan ...................... SR 375 Public School Employees; retired, health insurance program .................. HR 125
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2372

JOURNAL OF THE SENATE

CONSTITUTIONAL AMENDMENTS (Continued)

Schools; local systems, General Assembly provide revenue sources ............. HR 509

State Debt; loans to local governments, public works projects

HR 363

U.S.; urge deduction state, local taxes from federal tax ....................... HR 597

U.S.; urge election of federal judges, "Missouri Plan" ........................ SR 346

U.S.; urge Presidential line item veto, require balanced budget................ SR 283

U.S.; urge ratify 1789 proposal, congressional salaries.......................... SR 14

U.S.; urge tax deduction for interest on bonds, certain taxes paid ............. SR 462

U.S.; urge voluntary silent prayer in public schools .......................... SR 376

U.S.; urge voluntary silent prayer in public schools........................... HR 517

Victims of Crime; authorize compensation ................................... SR 288

Victims of Crime; parole supervision fees used to assist ....................... SR 22

CONSTITUTIONAL OFFICERS (Also See Public Officers and Employees) Auditor and Certain State Officials; salary increase.......................... HB 1550

CONSTRUCTION Contracts; arbitration code provisions, extend to all contracts ................. SB 540 Smoke Detectors; required in new residential construction .................... SB 554 State Construction Fund; create ............................................ SR 427

CONSUMER PROTECTION

Art Works; sale of, requirements, disclosure, warranties .................... .HB 1253

Attorneys; advertising contingency cases, disclose payments required........... SB 570

Bad Checks; fee charged on retail installment sales ......................... HB 1353

Campground, Marine Facilities; private membership, cancellation rights...... SB 433

Cemeteries; regulations .................................................. .HB 1460

Credit Cards; reduce loan finance charges ................................... SB 432

Gasoline Marketing Practices; civil actions, fees, damages..................... SB 415

Gasoline Stations, Self-Service; assistance for handicapped required ........... SB 588

Meetings Selling Goods or Services; purpose must be disclosed ................ SB 326

Office Supply Transactions; deceptive practices ............................ .HB 1282

Promotional Giveaway Contests; regulations, requirements ................... HB 1439

Retail Installment Sales; interest charges on accounts

.......... SB 431

Securities Dealers; misconduct sanctions, commissioner's powers ............ .HB 1169

Telephones; automatic dial, recorded message calls, regulate ................. HB 1218

Telephones; regulate automatic dial, recorded message calls ................... HB 790

Time-Share Act; promotional offer gifts or prizes, regulations ............... .HB 1439

CONSUMERS' UTILITY COUNSEL; Extend termination date to 1987 ...... SB 346

CONTRACTORS; Workers' Compensation; independent contractors study committee, create, joint. ................................................... SR 438

CONTRACTS Arbitration Code; construction contracts, extend provisions to all contracts .... SB 540 Bad Checks Issued; treble damages, service charge ........................... SB 396 Public works; counties of 550,000, bid provisions ............................ HB 1340 Sales Representatives; termination with principal, commissions, liability .... SB 292 Transportation Department; contracts, bidding procedures .................... SB 148 Transportation Department; one bid received, procedures..................... HB 705

CONTROLLED SUBSTANCES (Also See Drugs and Drug Abuse) Banks; money transaction involving unlawful drugs prohibited ................ SB 488 Change Listings, Definitions; compliance, federal guidelines ................. .HB 1158 Cocaine; any mixture, unlawful to sell or possess ............................ SB 397 Dispensing Drugs; change requirements, include podiatrists ................. HB 1159 Drug Abusers; repeat patients, hospitalization, treatment ..................... SB 153

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INDEX

2373

CONTROLLED SUBSTANCES (Continued)

Drug Cases; police reports to local government on proceeds of forfeitures . . . . . HB 1365

Drug Classification Study Committee; nonprescription drugs .................. SR 165

Drug Manufacturer, Distributor; permits, revocation, suspension ............ HB 1153

Drug Samples; illegal diversion, study committee, create ...................... SR 487

Drug Wholesalers, Distributors; registration, reporting requirements ........... SB 482

Grand Juries; statewide investigative powers

SB 426

CONVENIENCE STORES; Beer, wine, certain sales prohibited with motor fuel sales ............................... SB 345

COOK COUNTY Commissioners; composition, elections, districts ............................. HB 2011 Education Board; school superintendent, elections, compensation ............. HB 2010

COPELAND, J. PAUL; DeKalb County educator, commend .................... SR 479

CORONERS (Also See Medical Examiners) Boat Safety; deaths, blood tests for alcohol or drugs ......................... SB 316 Dead Bodies; duties at scene of death, autopsy fees .......................... SB 190 Dead Bodies; notification of communicable disease to handlers ................ SB 387 Duties; probate judge designate peace officer to perform, certain cases ......... SB 576 Eye Removal; procedures, requirements ...................................... SB 85 Inquests; subpoena powers, confidentiality, records to other states ........... HB 1329 Prison Inmate; death without physician, notification to GBI .................. SB 217

CORPORATIONS, PARTNERSHIPS AND ASSOCIATIONS Close Corporations; voting procedures, directors' duties....................... SB 319 Corporate Takeovers; repeal Code chapter.................................. HB 1278 Courts Fees; documents filed.............................................. HB 1644 Filing, Secretary of State; documents, requirements, notices, fees ............. HB 1296 Income Tax; depreciation, cost recovery, federal income ...................... SB 277 Partnerships; may sue or be sued, garnishment, dissolution .................. HB 1229 Public Service Commission; rate cases, inspection of records .................. SB 126

CORRECTIONS COMMITTEE; Senator Ray act as chairman ....

Page 196

CORRECTIONS (Also See Penal Institutions) Board; members, reimbursement for travel expenses ......................... SB 437 Commissioner; member of Claims Advisory Board........................... HB 1314 Correctional Institutions; warden deputize employees, police powers ........... SB 436 County Institutions; state medical payments, inmates housed by county....... HB 1370 County Juvenile Detention Employees; retirement system transfers ............ HB 612 County Probation System Employees; retirement fund membership............ HB 422 Department; appropriation for capital outlay ............................... HB 1140 Indemnification Program; law enforcement officers and prison guards ....... HR 644 Inmates; civil action against government, forms provided ..................... SB 460 Inmates; death without physician, GBI notified .............................. SB 217 Inmates; education programs, payment of medical expenses incurred.......... HB 1638 Inmates; habeas corpus case, appeals, Attorney General, notice to DA ........ HB 1279 Inmates; habeas corpus, nonjury proceedings, county penal institutions ....... HB 1751 Jailers; training, certification requirements as peace officers ................... SB 451 Officers, Employees; injured on duty, salary while recuperating ................ SB 322 Peace Officers; use of deadly force, felons, escapees ......................... HB 1363 Probation; suspension, tolling of sentence .................................. HB 1369 Resisting Officer With Violence; punished as felony ......................... HB 1320 Resisting Officer With Violence; punished as felony .......................... SB 362 Southern States Correctional Association; commend .......................... HR 544

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2374

JOURNAL OF THE SENATE

CORRIDOR Z HIGHWAY, COLUMBUS TO BRUNSWICK; Designate as Jimmy Carter Parkway .................................................. HR 55

COSMETOLOGY

Licenses, Work Permits; Board composition, termination date............... HB 1173

Sale, Use of Certain Products; limited to licensees only

SB 366

COUNTIES (Also See Local Government)

Ad Valorem Tax; appeals, written objection deemed proper notice............. HB 595

Ad Valorem Tax; exempt personal property under $1000, referendum......... HB 1658

Ad Valorem Tax; nonpayment penalties, certain new homeowner exempt...... HB 1785

Alcoholic Beverages; unlawful transportation, vehicles seized in any county... SB 356

Annexation; by municipality across county lines, approval required

SB 533

Audits; change certain requirements ........................................ SB 228

Audits; requirements, procedures for state grants, federal audits............... HB 858

Bonds; issued to finance certain public facilities .............................. SR 92

Business License Fee, Taxes; levy in unincorporated areas authorized .......... HB 477

Civil Service Systems; established by local ordinance ........................ HB 1193

Coastal Zoning Procedures; districts, advisory boards ......................... HB 911

Corrections; state inmates housed, medical payments to county .............. HB 1370

County Commissioners; provisions for filling of vacancies ..................... SB 422

County Commissioners; single commissioner government, minimum salary ...... HB 453

County Probation System Employees; retirement contributions ................ HB 422

Debt; authorized to incur short-term indebtedness, referendum ...... SB 28

Debt; limited short-term authorized, certain circumstances..................... SR 12

Development Districts; create, provide procedure ............................ HR 718

Drug Cases; law enforcement reports on proceeds of forfeited property ... HB 1365

Education Boards; appeal of decisions, rights, notification .................... SB 416

Education Boards; authorize payroll deductions, certain cases ................. SB 582

Education Boards; driver education vehicles, definitions for taxes.............. SB 474

Education Boards; joint self-insurance pools, risk management ................ SB 440

Education Boards; members, removal from office, malfeasance. ................ SB 335

Education Boards; sales to county by members prohibited, exemptions

HB 1197

Elected Officials; indicted, convicted, suspension and salary provisions ........ HB 1287

Election Boards; change certain Code provisions ............................ HB 1338

Emergency Health Care; services, costs for elderly, indigent, pregnant women SB 132

Emergency Medical Services; assess vehicle license fee, CA ................... SR 317

Emergency Medical Vehicles; insurance exemption for certain vehicles .... .HB 1526

Eminent Domain; property condemnation, boundary limitations, CA .... . SR 358

Environmental Facilities Authority, Georgia; grants, loans, bonds ............ HB 1142

Fire Hydrants; marking system on roads, Transportation Department ......... SR 196

Governing Authority Single Commissioner; minimum salary....

HB 453

Grand Juries; certain inspection duties not required......................... HB 1233

Handicapped Parking; enforcement authority ................................ SB 343

Health Boards; appoint, discharge district directors .......................... SB 491

Health Boards; bathhouses, regulations, powers, duties ..................... HB 1189

Health Boards; Fulton, DeKalb, Merit System unclassified positions ......... HB 1152

Health Boards; liability immunity, criminal records checks provisions ......... HB 1549

Health Boards; membership provisions, Atlanta in DeKalb................... HB 1757

Health Boards; septic tank installation regulations .......................... HB 1465

Health-care Officers; duties, cost of care for pregnant women ................. HB 487

Hospital Authorities; property sales, local referendum ............. SB 56

Hospitals; substance abuse advisory councils, create ......................... HB 1385

Insurance; liability, risk management pools .................................. SB 369

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INDEX

2375

COUNTIES (Continued) Law Enforcement Officer Training, Salary; revenue sharing, study committee SR 323 Local Acts with Referendum Requirements; Secretary of State mail copy ...... HB 787 Motor Vehicle Registration; staggered tag sales, authorized by local law .... HB 1317 Motor Vehicle Registration; staggered tag sales, counties over 100,000, decals . . SB 97 Motor Vehicle Registration; staggered tag sales, authorized, prorated fees ....... SB 96 Municipal Court Services; county contracts, magistrate courts provide ... HB 1477 Municipality; charter repealed by local law, county succeed to powers ........ HB 1572 Ordinance Violations; magistrate court jurisdiction, powers ................... SB 355 Probate Courts; appeals, jury trials, counties over 100,000 .................... SB 430 Property Boundary Processioning; procedures, population figures .............. SB 325 Public Safety Officers' Compensation; study committee, create ................ SR 453 Railroad Crossings, Relocation; prior public notice ........................... HB 123 Railroad Crossings, Relocation; public hearings, notice........................ SB 466 Retirement Systems; investment of funds, conditions, powers ................ HB 1684 Revenue Sharing; law enforcement programs, study committee, joint........... SR 324 Rezoning; official with certain interests, disclosure ........................... HB 618 Road, Street Improvement Local Authorities; create by referendum............ HR 662 Sales Tax; local option to finance public facilities ............................. SR 25 Sales Tax; special purpose, change provisions, include water, sewer projects . .HB 1469 School Superintendents; certification qualifications ........................... HB 328 Self-Insurance Programs; joint risk management pools........................ SB 369 Speed Limits; change on unpaved roads..................................... SB 453 State Loans; to finance water, sewerage facilities ............................. HR 363 Superior Court Clerks; training expense reimbursement...................... HB 1368 Surveyors; private practice prohibited without State license ................... SB 348 Tax Assessors Board; number of members.................................. HB 1785 Tax Collectors; payment and reports of collections ........................... SB 209 Tax Commissioners; annual training ....................................... HB 1488 Tax Commissioners; ineligible, State Employees' Retirement .................. HB 417 Tax Commissioners; qualifications, education, exempt those in office .......... HB 1378 Tax Commissioners; vacancies, interim appointments, special elections ..... HB 1480 Tax Digests; approval by State prohibited if certain appeals pending .......... HB 214 Tax Digests; approval by State, appeals pending, records confidential........... HB 80 Taxation of Financial Institutions; provisions, rates .......................... HB 649 Television; cable franchise license, repair service required..................... SB 300 Urban County and Municipal Study Committee; create........................ SR 29 Wells or Holes, Abandoned; counties authorized to repair, recover costs........ SB 421
COUNTY WELFARE ASSOCIATION, GEORGIA; Commend .................. SR 456
COURTS Abortion; requested by juvenile, parental notification ......................... HB 310 Administrator, Superior Court; employed in lieu of law clerk........ SB 24 AIDS, Sexually Transmissible Diseases; court orders for tests, exams ........ .HB 1187 Alday Family Murders; request U.S. Supreme Court reverse decision .......... HR 461 Appalachian Judicial Circuit; change court terms .......................... .HB 1589 Appeals; contempt of court, repetitious, judge's supersedeas power ........... HB 1418 Appeals; death penalty, urge Congress require time limitation................. SR 344 Appeals; probate courts, revise procedures, requirements. ..................... SB 458 Appeals; time and procedures, superior court trial ........................... SB 183 Appellate Court Judges Retirement; change retirement age from 70 to 75 ...... HB 666 Attorney's Fees; civil cases, provisions, limitations ........................... SB 434 Augusta Judicial Circuit; additional judge ................................... HB 182 Bail Bondsmen; judges, attorneys, peace officers, prohibited from business ... SB 565
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2376

JOURNAL OF THE SENATE

COURTS (Continued)

Bonds; behavior, peace, revise procedures ................................... SB 334

Chattahoochee Judicial Circuit; district attorney salary, assistants

HB 1457

Child Abuse Prevention Act; Children's Trust Fund Commission

SB 413

Child Abuse, Sexual Abuse Cases; criminal justice personnel training

HR 477

Child Abuse, Sexual Abuse Victims; restitution order reports

HR 476

Child Custody Proceedings; parents may present agreement

HB 377

Child Custody; notification of change of residence

HB 1200

Civil Actions; dismissal of action, renewal requirements, double costs

SB 315

Civil Actions; fee charged, proceeds to Sheriffs Retirement Fund

HB 318

Civil Actions; sales representatives, contract termination, liability

SB 292

Civil Practice; court costs, attorneys' fees provisions, limitations

SB 434

Civil Practice; dismissal of actions, change procedure

HB 1185

Civil Practice; frivolous actions, attorney's fees and expenses

SB 371

Civil Practice; frivolous lawsuits, attorney's fees, court costs

HB 1146

Civil Practice; judge's charge to jury reduced to writing, provisions

SB 313

Civil Practice; judgment by default, provisions

SB 101

Civil Practice; no duplication of allegation .................................. SB 454

Civil Practice; relief from judgments, change provisions

SB 457

Civil Practice; written notice of actions to all parties

SB 100

Clerks; superior court retirement fund, benefits, spouse

SB 109

Clerks; superior court, change minimum annual salary

SB 405

Clerks; superior court, fee for transcripts..................................... SB 93

Clerks; superior court, property liens, judgments, file name and address

SB 66

Clerks; superior court, vacancies in office, appointments, elections

HB 1688

Clerks; traffic fines, retain fee for forwarding records

HB 1602

Cobb Judicial Circuit; judges, retirement payments

SB 285

Criminal Cases; judge's power to change sentence, limitations

HB 1154

Criminal Committal Hearing; dismissed, costs assessed ....................... SB 339

Criminal Procedure; bail, deposits, forfeiture, releases

HB 748

Criminal Procedure; presentence investigation, reports to defendant

SB 374

Criminal Procedure; presentence investigations, reports to defendant

SB 358

Death Penalty Case; offender under 18 years, procedure prior to sentence .SB 468

Death Penalty; prohibited, persons under 18 years of age ..................... SB 361

Dismissal of Action; renewal requirements, double costs ...................... SB 315

District Attorneys; assistants, state salaries ................................. HB 1277

Domestic Relations Court Order; arrest powers for contempt.................. SB 181

Eastern Judicial Circuit; judge pro hac vice, continue in force

HB 1562

Elderly Person Party in Civil Case; order for trial may be changed ........... . SB 173

Eminent Domain Proceedings; costs, attorney's fees, payment provisions

.HB 1793

Employers; action against employee subpoenaed, or on jury duty unlawful HB 1327

Employers; penalizing worker absent for court attendance unlawful............ SB 314

Evidence; certain child testimony on sexual, physical abuse allowed ........... HB 289

Evidence; discovery, information, medical, mental health, clergy records........ HB 962

Fees; superior courts, civil actions, filings, traffic, office hours ............... HB 1644

First Offender; probation, clerk of court record exoneration

HB 1342

First Offenders; sentence, court review defendant's eligibility.................. SB 442

Foreign Judgments; Uniform Enforcement Law, enact ........................ SB 164

Frivolous Actions; attorney's fees and expenses awarded ...................... SB 371

Frivolous Actions; award of attorney's fees, court costs ..................... HB 1146

Gasoline Marketing Practices; civil actions, fees, damages..................... SB 415

Grand Juries; certain inspection duties not required

HB 1233

Grand Juries; statewide investigative powers, drugs and RICO Act ............ SB 426

Habeas Corpus; inmate case, appeals, Attorney General notify DA

HB 1279

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INDEX

2377

COURTS (Continued)

Habeas Corpus; proceedings at county penal institutions..................... HB 1751

Habeas Corpus; relief from judgment if based on insufficient evidence

SB 461

Human Resources Department; appeals of actions, procedure

HB 1315

Insurance; State liability coverage, lower courts ................................ SB 2

Judges; authorized to carry weapons, certain cases

HB 1109

Judges; Court of Appeals, change mandatory retirement age from 70 to 75 . HB 666

Judges; felony conviction, suspension, no compensation ....................... HR 506

Judges; retirement system, creditable service, vest at 8 years.................. SB 103

Judges; retirement system, spouse's benefits ................................. HB 152

Judges; retirement system, spouse's benefits ................................. SB 174

Judges; retirement system, spouse's benefits ................................. SB 180

Judges; superior and state courts, delete nonpartisan election ................. SR 182

Judges; superior, educational expense reimbursement

HB 1696

Judges; supreme, superior courts, initially appointed, elected thereafter

SR 398

Judgments, Civil Practice; change relief, setting aside provisions

SB 457

Judicial Council; notice required prior to adoption of rules

HB 1227

Juries; composition, procedure in state and superior courts .................... SB 48

Juries; judge's charges reduced to writing, provisions ......................... SB 313

Juries; peremptory challenges, change provisions on strikes ................... SB 358

Jury Duty; action against employee for court attendance unlawful ............ HB 1327

Jury Duty; employees penalized for absence from work unlawful

SB 314

Jury Duty; employer required to continue pay ............................... SB 398

Jury Duty; exempt women breast feeding a child

.HB 1544

Juvenile Proceedings; parental rights termination provisions

HB 175

Juvenile Proceedings; Youth Development Center Study Committee, create SR 526

Juvenile; capital crimes, procedures, custody, transfers ....................... SB 323

Juvenile; capital felonies, age of responsibility, study committee ............... SR 411

Juvenile; detention hearings, deprived child petition ......................... SB 309

Juvenile; state subsidy, probation workers, certain counties ................... SB 222

Juvenile; traffic offenses, those under 17, jurisdiction, procedures .............. HB 540

Juvenile; traffic, waterways offenses, change various provisions ................ SB 351

Juvenile; youth tried as adult felon, Youth Services custody ................... HB 14

Juveniles; eligible for youth development center services, programs ............ SB 308

Law Enforcement Officers; arrest powers, domestic relations .................. SB 181

Libel Actions; evidence, retractions by publications ......... SB 77

Liens; property, clerk file names and addresses ......... SB 66

Lookout Mountain Judicial Circuit; additional judge ......................... HB 335

Magistrate; amend various Code provisions .................................. SB 340

Magistrate; constables, minimum age 21 years ............................. HB 1220

Magistrate; county ordinance violations, procedures .......................... SB 355

Magistrate; default judgments, appeal procedure ............................. SB 247

Magistrate; default judgments, appeals provisions ........................... HB 1333

Magistrate; default judgments, relief procedures ............................. SB 248

Magistrate; Magistrate Court Judges Council, create ........................ HB 1414

Magistrate; municipal court services, county contracts to provide ............. HB 1477

Magistrate; postjudgment discovery, interrogatories .......................... SB 239

Magistrate; private law practice provisions .................................. SB 475

Magistrate; private law practice, restrictions ................................. HB 651

Magistrate; probate judge's services, salary

.............. SB 73

MARTA Wage Disputes; Fulton, DeKalb superior courts .................... HB 1204

Medical Malpractice; potential action, limitations, appointment of guardian . . . . SB 459

Mentally 111; requirements for treatment, admissions, discharge, hearings

.SB 318

Microform Standards; Administrative Office, establish ........................ SB 352

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2378

JOURNAL OF THE SENATE

COURTS (Continued)

Minors; loitering in public, unlawful certain hours, parent liable.............. HB 1249

Mortgages; cancellation of deed to secure debt, procedures.................... HB 840

Motions, Pleadings; signature required, attests good faith, sanctions

.... SB 385

Mountain Judicial Circuit; change terms of court ............................ SB 539

Municipal; authority to sentence DUI offenders to county jails ............... HB 1472

Municipal; contracts with magistrate courts for services ..................... HB 1477

Municipal; establish in each municipality, jurisdiction, powers, duties ......... HB 1476

Northeastern Judicial Circuit; additional judge .............................. SB 186

Penal Inmate; filing civil action against government, forms provided ........... SB 460

Piedmont Judicial Circuit; additional judge.................................. SB 264

Ports Authority; venue in court actions ..................................... SB 338

Pretrial Release Programs; only indigent person eligible ...................... SB 192

Privileged Communication of Witnesses; include clergy counseling ........ SB 589

Probate; appeals procedures, revisions, jury trials, certain courts ............. HB 1367

Probate; appeals to superior court, revise procedures ......................... SB 458

Probate; appeals, jury trials, revise, counties over 100,000..................... SB 430

Probate; chief clerks, appointment, powers .................................. SB 249

Probate; judge designate peace officer for coroner duties, certain cases ....... SB 576

Probate; judges retirement, date for payments to fund ....................... SB 342

Probate; judges, chief clerks, qualifications, vacancies, certain counties .... HB 1246

Probate; judges, retirement benefits .......................................... SB 4

Probate; motor vehicle title transfer under decedent's will .................... SB 331

Probate; powers relating to vacancies in county commissioner office. ..... SB 422

Probate; wills, clerk's duties, acknowledgement of service .................... HB 1324

Probate; wills, notice of probate to all beneficiaries ........................... SB 46

Probate; year's support application, determinations .......................... HB 908

Probation; suspension, tolling of sentence .................................. HB 1369

Railroads, Electric Companies; damage suits for injuries, venue ............. .HB 1216

Rule-making Powers; General Assembly enactment paramount ................ HR 525

Sentence; death penalty prohibited, persons under 18 years of age............. SB 361

Sex Criminals; superior clerk supply records, repeal requirement ............. SB 448

Sheriff's Retirement Fund; civil action fees to fund, partial service credit ...... HB 318

Sheriffs; minimum salaries, additional fee for service in other court. ........... SB 419

Sheriffs; qualifications, in-service training requirements....................... HB 344

State; juries, composition and procedure .............................. SB 48

State; solicitors, residency requirements ..................................... SB 370

Stone Mountain Judicial Circuit; additional judge........................... HB 1156

Superior Court Judges Retirement; spouse's benefits ......................... HB 397

Superior; clerks supply sex criminal records to GBI, repeal ................... SB 448

Superior; clerks, change minimum annual salary ............................. SB 405

Superior; clerks, duties relating to notification, underground blasting ......... HB 1489

Superior; clerks, special election to fill a vacancy ........................... HB 1688

Superior; clerks, training hours and expense reimbursement.................. HB 1368

Superior; fees and costs, civil procedures, filings, office hours................. HB 1644

Superior; inmate habeas corpus proceedings, county penal institutions ........ HB 1751

Superior; judges, education expenses, secretaries, salary...................... HB 1696

Superior; judges' secretaries, salary scale ................................. SB 561

Superior; juries, composition, procedure, certain cases ......................... SB 48

Superior; juvenile capital crimes, jurisdiction, procedures ..................... SB 323

Superior; law clerks, compensation .......................................... SB 83

Superior; State Examining Board, judicial enforcement of subpoenas ......... HB 1435

Supreme; attorneys applications, fingerprint check, criminal record ............ SB 312

Teachers; witness leave when subpoenaed to testify ......................... HB 1416

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INDEX

2379

COURTS (Continued) Tort Actions; damages, revise provisions, power of courts ................... HB 1186 Torts; defense of habitation justified, certain cases, no liability ................ SB 489 Traffic Convictions; challenges, time to file, procedures ...................... HB 1351 Traffic Courts; senior judge, cities over 300,000 population ................... HB 1714 Traffic Fines; clerks retain fee for forwarding records........................ HB 1602 Trial Judges; carry concealed weapon without license ........................ SB 590 Trial Order; changed if elderly person is party............................... SB 173 Victims of Crime; compensate, criminal penalty assessments .................. SR 288 Witnesses; privileged communications, include clergy counseling ............... SB 589

COVINGTON, CITY OF; Parking Authority, continue in force............... HB 1443

COWETA COUNTY Probate Court; judge, nonpartisan election .................................. SB 189 Rapid Transit System; Columbus to Atlanta feasibility study, create........... SR 360

CREDIT CARDS; Finance charges, decrease maximum allowed on loan accounts ............................................................. SB 432

CREDIT UNIONS Deposits by Minors; provisions ............................................ HB 1281 Financial Institutions; currency transaction reports required .................. SB 330 Public Funds; investments, deposits ........................................ HB 648

CRIME INFORMATION CENTER Attorneys; law practice applicant, fingerprint check, criminal record ........... SB 312 Criminal Records Checks; Human Resources employees, procedures .......... HB 1421 Firemen Employment Applicants; criminal records check ..................... SB 391 Pistol Licenses; fees for cost of FBI fingerprint search ..................... .HB 1162

CRIME VICTIMS (See Victims of Crime)

CRIMES AND OFFENSES

Animal Baiting; training for use in fights unlawful ........................... HB 934

Bad Checks; no account, punished as felony, notice provisions ................ SB 307

Bad Checks; notice, no account in existence ................................. SB 266

Bad Checks; notice, no account in existence ................................. SB 118

Bad Checks; standardize fee charged. ...................................... HB 1354

Banks; money transaction involving unlawful drugs prohibited

...... SB 488

Bingo Games; assistants, salary and participation limitations .......... SB 303

Bingo Games; limitation on persons operating ............................... SB 383

Capital Felonies; juveniles, age of responsibility, study committee ............. SR 411

Child Custody; interstate interference, expired visitation rights ............... HB 1794

Children's Programs; supervisory personnel, criminal record check ............ HB 1261

Cocaine; any mixture, unlawful to sell or possess. ............................ SB 397

Controlled Substances; dispensing requirements, include podiatrists. ......... .HB 1159

Controlled Substances; listings, definitions, federal guidelines ............... HB 1158

Controlled Substances; wholesaler, distributor, revocation of permits......... HB 1153

Criminal Trespass; damage to property, definitions, penalties ................. SB 231

Criminal Trespass; merchants parking area, cruising in vehicles .............. HB 1433

Criminal Trespass; unlawful to enter premises while armed, penalties .......... SB 212

Drug Cases; police reports to local government on proceeds of forfeitures . . HB 1365

Family Violence; arrest, crime where persons live together ................... HB 1447

Firearms Theft Offenses; definitions, penalties .............................. HB 1455

Firearms; stun guns, tasers unlawful, judges authorized to carry weapons .... .HB 1109

Fraudulent Solicitation; misrepresenting firefighter unlawful .................. HB 222

Human Body; unlawful buy or sell ........................ SB 146

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2380

JOURNAL OF THE SENATE

CRIMES AND OFFENSES (Continued)

Human Body; unlawful to buy or sell relating to organ donations

HB 1334

Law Enforcement Officers; violence to, resisting arrest, punished as felony . . . . HB 1320

Law Enforcement Officers, Retired; carry pistols in public buildings

HB 889

Lotteries; charitable organizations, prize giveaways lawful, certain cases

SB 559

Minors; loitering in public unlawful certain hours, parent liable ............. HB 1249

Peace Officers; criminal penalties for impersonating

HB 1341

Pistol License; residency requirements ..................................... HB 1226

Pistol Licenses; fees for cost of FBI fingerprint search

HB 1162

Promotional Giveaway or Contest; redefine, regulate

HB 1439

Public Housing; fraudulently obtaining, penalty provisions

HB 30

Recorded Material; videotapes, unlawful reproduction, penalties

HB 1723

Resisting Officer With Violence; punished as felony

SB 362

Sex Criminals; court clerks supply records to GBI, repeal

SB 448

Sexual Exploitation of Minors; print processors, reports

SB 79

Sexual Offenses; bathhouse operations, prohibitions ........................ HB 1189

Sodomy, Aggravated; bail limitations ....................................... SB 344

Telephones; regulate automatic dial, recorded message calls

HB 1218

Telephones; regulate automatic dial, recorded message calls

HB 790

Throwing Objects at Public Events; unlawful, fines .......................... SB 332

Trial Judges; allowed to carry concealed weapon without license

SB 590

Victims of Crime; compensation, authorize funding procedures

SR 288

CRIMINAL JUSTICE COORDINATING COUNCIL Berrier, Chuck; condolences................................................ SR 335 Black on Black Crime Commission; report findings........................... SR 334

CRIMINAL PROCEDURE Arrest Power; crime occurs where persons living together .................... HB 1447 Arrest; peace officers, use of deadly force provisions, felons, escapees ......... HB 1363 Bail; delayed, DUI case if faculties impaired ................................ SB 122 Bail, Bond; deposits, forfeiture release provisions ............................ HB 748 Bonds; behavior, peace, revise procedures, provisions ......................... SB 334 Children's Programs; supervisory personnel, criminal record check ............ HB 1261 Court Costs; committal hearing dismissed as unfounded, malicious .... SB 339 Death Penalty Appeals; to federal court, urge require time limit .............. SR 344 Death Penalty by Lethal Intravenous Infusion ............................... HB 848 Death Penalty Case; offender under 18 years, procedure prior to sentencing . ... SB 468 Death Penalty Sentence; prohibited, persons under 18 years of age ............ SB 361 First Offender; clerk of court record exoneration upon release ................ HB 1342 Indigent Legal Defense; action for damages against attorney, physician ....... HB 1818 Juvenile Capital Crimes; court jurisdiction, procedures ....................... SB 323 Juvenile Tried as Adult; sentence, Youth Services Division custody ............. HB 14 Presentence Investigations; copies of reports to defendant .................... SB 374 Presentence Investigations; copy of report to defendant, jury strikes ........... SB 358 Sentence; judge's power to change, time limitations ......................... HB 1154 Sentence; judges panel sets minimum time, capital cases ...................... SB 52 Sentence; life imprisonment for murder, parole prohibitions. ................... SR 83 Sodomy Offenses; bail limitations, provisions ................................ SB 344 Stolen Vehicle; return to rightful owner, time limits.......................... SB 135 Traffic Violations; license deposited as bail, reinstated if fine and fee paid . .... SB 552

CRIMINAL TRESPASS Damage to Property; definitions, penalties .................................. SB 231 Entering Premises While Armed; penalties .................................. SB 212 Merchants Parking Area; parking, standing, cruising in vehicle unlawful ...... HB 1433

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INDEX

2381

CRUISING; Merchants parking area, criminal trespass by motor vehicles ...... HB 1433 CRUMBLEY, ALEX; Commend ............................................. SR 412
CURRY, COACH BILL; Introduction ...................................... Page 839
CUTHBERT, CITY OF; Seaboard System Railroad, protest closing, Lynn-Cuthbert segment ................................................... SR 294

D
DADE COUNTY; Education Board, quorum ................................ HB 2055
DALTON, CITY OF Building Authority; continue in force ...................................... HB 1996 Downtown Development Authority; continue in force........................ HB 1461
DAMS; Safe Dams Act, grants for repairs, extend certain exemptions ......... .HB 1143
DARDEN, CONGRESSMAN BUDDY; Introduction ......................... Page 624
DASHER, SCOTT; National 4-H Championship, commend ..................... SR 310
DAWSON COUNTY Business License Tax; impose, firms in unincorporated areas .................. SB 282 Homestead Exemption; certain low-income residents ......................... SB 572
DAY CARE CENTERS (Also See Child Care Centers) Child Group and Family Homes; licensing. .................................. SB 404 Child-care Facilities; licensing, restrictions, revocations ...................... HB 1225 Criminal Record Check Fees; Human Resources set ......................... HB 1420 Emergency Powers; relocation of residents, monitors ........................ HB 1262 Facilities for State Employees; establish pilot project, fees .................... SB 306 Personnel; criminal record check procedures ................................ HB 1261
DEAD BODIES; Disposition, notification of communicable disease to handlers SB 387
DEAF PERSONS Hearing Aids; exempt from sales tax........................................ SB 379 Hearing Aids; exempt from sales tax....................................... HB 1270
DEATH CERTIFICATES; Fees for search or copies, disposition .............. SB 333
DEATH PENALTY Appeals and Motions; to federal court, urge require time limit ............... SR 344 Juvenile Capital Crimes; court jurisdiction, procedures, transfers .............. SB 323 Juvenile Offenders; age of criminal responsibility study committee............. SR 411 Offender Under 18 Years Convicted; procedure prior to sentencing ........ SB 468 Provide for Lethal Intravenous Infusion..................................... HB 848 Sentence Not Imposed, Capital Case; judges set minimum time to serve ..... SB 52 Sentence Prohibited; persons under 18 years of age .......................... SB 361
DEATH Coroners; inquests, subpoena powers, costs, confidentiality ................... HB 1329 Coroners, Medical Examiners; duties at scene of death ....................... SB 190
DEBT Counties, Cities; incur limited short-term indebtedness ........................ SR 12 Counties, Cities; incur short-term indebtedness ................. SB 28
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2382

JOURNAL OF THE SENATE

DEBT (Continued) Financing and Investment Commission; debt sinking fund, bonds, capital outlay.............................. SB 579 Owed State Agencies; deemed uncollectable, procedures ..................... HB 1536 State Debt Sinking Fund; investments allowed, create Construction Fund ...... SR 427

DECATUR COUNTY

Education Board; elections, vacancies, appoint school superintendent .......... SB 596

Seaboard System Railroad; protest closing, Lynn-Cuthbert segment

SR 294

DECATUR, CITY OF Corporate Limits; change, enlarge and extend .............................. HB 1852 Homestead Exemption; residents 65 or over, referendum .................... HB 1722

DECEPTIVE PRACTICES (See Fair Business Practices or Commerce and Trade)

DEFENSE DEPARTMENT (Also See Military Affairs) Emergency Management; deputy director, executive director .................. HB 693

DEFENSE FORCE, STATE; Georgia State Guard name changed ............. HB 565

DEKALB COUNTY

Atlanta; authority to implement redevelopment powers ...................... HB 1634

Atlanta, Fulton, DeKalb County; contracts, hospital authorities, continue

SB 585

Atlanta, Fulton, DeKalb County; issue stadium bonds, continue in force

SB 586

Chief Executive, Commissioners; powers, duties relating to state laws .......... SB 599

Citizens' Zoning Counsel; create ........................................... HB 1130

DeKalb County Junior College; continue in force ........................... HB 1442

Firemen, County and Municipal; repeal Act on required duty hours .......... HB 1926

Firemen, County and Municipal; repeal Act on required duty hours .......... HB 1925

Fulton County Library System; Atlanta in DeKalb, special tax district........ HB 1493

Garbage, Solid Waste Disposal; collection contracts, continue in force......... HB 1767

Government Study Commission; create...................................... HR 660

Health Board; Merit System unclassified service positions .................. HB 1152

Juvenile Intake, Probation Officers; state subsidy to employ .................. SB 222

Land Use Study Commission; re-create, study DeKalb and metro Atlanta . . HB 1881

License Plates; staggered tag sales ......................................... HB 1841

MARTA Wage Disputes; superior court judge authority ..................... HB 1204

Revenue Bonds; issue for stadiums, continue in force......................... SB 517

Special Services Tax Districts; continue in force ............................ HB 1837

State Court; additional assistant solicitors .................................. HB 1685

State Court; change certain fees........................................... HB 1868

Zoning Changes; requirements relative to conflicts of interest ............... .HB 1138

DENTISTS AND DENTAL HYGIENISTS Commercial Laboratories; licensing study committee ......................... SR 472 Dental Hygienists; regulation of duties ..................................... HB 1687 Dentists; hospital privileges revoked, report to examining board .............. HB 1435

DETECTIVE AGENCIES; Private detective, security agencies, licensing, insurance ................................................................ HB 795

DEVELOPMENT AUTHORITIES (Also See Authorities) Airport Noise; APDCs study, authorized by local government ................ HB 1203 Atlanta; implement Redevelopment Powers Law ............................ HB 1634 Georgia; appropriation for loans to local governments ....................... HB 1140 Georgia; powers, programs, tax exemption of property, venue ................ HB 1686 Metropolitan APDC; regional public projects, operating expenses ............ .HB 1293

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INDEX

2383

DEVELOPMENT AUTHORITIES (Continued) Metropolitan River Protection; application requirements, rules overview ....... SB 317 Rural Economic Development Program; establish with APDCs ................ SB 294 State Loans; to finance local water, sewerage facilities ........................ HR 363

DEVELOPMENT DISTRICTS; Commercial and industrial, ad valorem tax incentives, procedure ..................................................... .HR 718

DISABLED (See Handicapped or Elderly)

DISTRICT ATTORNEYS (Also See Judicial Circuits) Assistants; state paid salary............................................... HB 1277 Habeas Corpus Inmate Case; appeals, Attorney General, notification .......... HB 1279 Secretaries; credit, Employees' Retirement System ............................ SB 50

DIVORCE (See Domestic Relations)

DOCTORS OF THE DAY Anderson, Dr. Larry W. .................................................. Page 40 Baugh, Dr. James....................................................... Page 173 Burns, Dr. Brantley ..................................................... Page 899 Burson, Dr. John ...................................................... Page 1317 Burt, Dr. Stephen ..................................................... Page 1763 Cabasares, Dr. Horatio .................................................. Page 677 Carter, Dr. Glenn ...................................................... Page 1582 Chapman, Dr. Rodger .................................................. Page 1159 Collins, Dr. William ..................................................... Page 210 Davidson, Dr. Gene .................................................... Page 1055 Downing, Dr. David ..................................................... Page 134 Gamwell, Dr. John ...................................................... Page 851 Gaston, Dr. J. Harper ................................................... Page 111 Godard, Dr. John ...................................................... Page 2165 Grist, Dr. Bill .......................................................... Page 316 Grow, Dr. William ...................................................... Page 803 Hames, Dr. Curtis ...................................................... Page 380 Hammesfahr, Dr. Rick ................................................. Page 1384 Harvey, Dr. John S...................................................... Page 144 Heigerick, Dr. Craig.................................................... Page 1815 Jolley, Dr. Fleming ...................................................... Page 65 Kaufmann, Dr. James .................................................... Page 14 Kinard, Dr. Gene ...................................................... Page 1763 Laws, Dr. William ...................................................... Page 491 Logan, Dr. William D., Jr. ................................................ Page 55 Madden, Dr. David .................................................... Page 1112 McGhee, Dr. Nelson ................................................... Page 1278 Rankin, Dr. Fred ....................................................... Page 533 Sanders, Dr. Beverly ................................................... Page 1188 Shannon, Dr. George .................................................... Page 584 Smith, Dr. Wilder ...................................................... Page 623 Sutter, Dr. L. O........................................................ Page 1465 Watson, Dr. John ....................................................... Page 454 Wetherby, Dr. David .................................................... Page 335

DODGE COUNTY Dodge County-Eastman Development Authority; continue in force............ HB 1822 Education Board; election districts, continue in force ........................ HB 1823

DOGFIGHTS; Animal baiting, training animals for use in fights unlawful

HB 934

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2384

JOURNAL OF THE SENATE

DOMESTIC RELATIONS Adoption; foreign children, clarify release provisions. ....................... .HB 1211 Alimony, Child Support; modifications due to changed status ................. SB 445 Alimony, Child Support; revision of judgment, time requirements ............. SB 211 Arrest Powers; peace officers, court order disobeyed .......................... SB 181 Child Abuse and Neglect Prevention Act; create Children's Trust Fund ........ SB 401 Child Abuse Prevention Act; Children's Trust Fund Commission .............. SB 413 Child Custody Proceedings; parents may present agreement to court........... HB 377 Child Custody; change of residence, court notification ....................... HB 1200 Child Custody; interstate interference, expired visitation rights ............... HB 1794 Child Custody; visitation rights of noncustodial parents ..................... HB 1551 Child Support; enforcement, garnishment, insurance, foster care............... SB 241 Family Violence; arrest, crime where persons live together meretriciously...... HB 1447 Grandparents Rights; adopted children, provisions ........................... SB 395 Grandparents Visitation Rights; exceptions ................................. HB 1643 Marital Gift Tax, Estate; deduction qualification, income property .......... HB 1149 Parent Orientation Course; required for child's school admission .............. SB 336 Parental Rights; termination provisions ..................................... HB 175 Spouse Entitlement to Estate; exception if divorce pending .................. HB 1228
DOUGHERTY COUNTY Judicial Circuit; superior court judges, county supplements .................. HB 2025 Motor Vehicle Registration; staggered tag sales ............................. HB 2027 Registration and Elections Board; joint with City of Albany ................. HB 1284 State Court; filing fees ................................................... HB 2026
DOUGLAS COUNTY HIGH SCHOOL DECA PROGRAM; Commend........... SR 478
DOUGLAS COUNTY Coroner; compensation ................................................... HB 2021 Douglasville-Douglas Water and Sewer Authority; voting, compensation ....... HB 1958 Magistrate's Court; chief magistrate, compensation .......................... HB 1922 Motor Vehicle Registration; staggered tag sales, referendum ................ .HB 1923 Sweetwater Creek State Park; lightguide cable easement .................... .HR 482
DOUGLASVILLE, CITY OF; Douglasville-Douglas County Water, Sewer Authority, voting, compensation .......................................... .HB 1958
DRINKING AGE; Alcoholic beverages, sales and distribution .............. SB 13
DRIVER TRAINING SCHOOLS Code Cross References; DUI insurance information in courses ................. SB 441 Driver Training Schools and Instructors; annual license renewal.............. HB 1423
DRIVER TRAINING; Driver education vehicle in schools, definitions ......... SB 474
DRIVER'S LICENSE (Also See Motor Vehicles and Traffic) DUI convictions; limited driving permits ......................... SB 36 DUI; drug abuse programs, penalties, temporary permits ................. SB 29 DUI; no contest plea, information required on petition ....................... SB 462 Habitual Violators; revocation, renewal tests................................ HB 1917 Identification Cards; issued in lieu of license, minors under 21 years ........... SB 393 Motor Carriers; suspension provisions, exemptions ........................... HB 179 Notices by Mail; requirements ............................................ HB 1541 Records; to schools on bus drivers, Selective Service .......................... SB 45 Renewal Examination Requirements ........................................ SB 320 Suspended, Revoked; illegal to drive in state ................................ SB 389 Suspension; reinstated after fine and fee payment, certain cases ............... SB 551
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INDEX

2385

DRIVING UNDER INFLUENCE, DUI

Alcoholic Beverages in Motor Vehicles; consumption, open containers unlawful HB 414

Bail; delayed if faculties impaired .......................................... SB 122

Boat Safety; unlawful operate under influence of alcohol, drugs

SB 316

Driver Training Schools; Code corrections, information on DUI, insurance

SB 441

Drug Abuse Programs; temporary permits, penalties.

SB 29

Habitual Violators; license revocation, time periods for violations

HB 1917

Insurance; higher coverage required upon conviction .......................... SB 38

Limited Driving Permits; certain cases ....................................... SB 36

Military Personnel; attendance at driver improvement clinics .................. SB 18

Municipal Courts; authority to sentence DUI offenders to county jails

HB 1472

No Contest Plea; information required on petition ........................... SB 462

Nolo Contendere Plea; attorney not required ................................. SB 33

Vehicle Declared Contraband; procedures, disposition ......................... SB 63

Vehicle Seized on Second Offense; disposition ................................ SB 47

DRUGS AND DRUG ABUSE Banks; currrency transaction reports required ............................... SB 330 Banks; monetary transaction involving unlawful drugs prohibited.............. SB 488 Boat Safety; operating under influence of alcohol, drugs unlawful ............. SB 316 Boxing; influence of alcohol, drugs unlawful ................................ HB 1191 Cocaine Mixture; illegal to sell or possess ................................... SB 397 Controlled Substances; listings, definitions, federal guidelines ............... .HB 1158 Controlled Substances; manufacturer, distributor, revocation of permits ...... HB 1153 Dispensing, Compounding; requirements, records, include podiatrists ... HB 1159 Drug Abusers; repeat patients, hospitalization, treatment ..................... SB 153 Drug Cases; police reports to local governments on proceeds of forfeitures HB 1365 Drug Classification Study Committee; nonprescription drugs .................. SR 165 DUI; abuse assessment and treatment programs .............................. SB 29 Insulin; purchased without prescription, exempt from sales tax ............... HB 1297 Mental Health; drug dependent treatment procedures, requirements ........... SB 318 Pharmacists; licensing, continuing education................................. SB 267 Sample Drugs; illegal diversion, study committee, create ...................... SR 487 Substance Abuse Service Programs; create within Human Resources .......... HB 1385 Wholesalers, Distributors; registration, reporting requirements. ................ SB 482

DULUTH, CITY OF; Mayor and Council, salaries .......................... HB 2065

DUNGEE, GEORGE; Relative to Alday family murders ........................ HR 461

E
EARLY COUNTY Development Authority; continue in force .................................. HB 1846 Seaboard System Railroad; protest closing, Lynn-Cuthbert segment ........... SR 294
EAST ELLIJAY, CITY OF; new charter .................................. HB 2067 EAST POINT, CITY OF; Business and Industrial Development Authority,
membership ............................................................. HB 1679 EASTERN JUDICIAL CIRCUIT; Judges pro hac vice, designation,
continue in force......................................................... HB 1562
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2386

JOURNAL OF THE SENATE

EASTMAN, CITY OF Corporate Limits ........................................................ HB 1824 Dodge County-Eastman Development Authority; continue in force............ HB 1822
ECONOMIC DEVELOPMENT ADVISORY BOARD; Create, rural development projects, APDCs coordinate .................................... SB 294
EDMONSON, STEVE; DOT employee, commend ............................. SR 279
EDUCATION College Athletics; urge regents establish NCAA 5-year curriculum ............. SR 367 Corrections Inmates; education programs, early release consideration ......... HB 1638 County Boards and Superintendents; filling of vacancies in office ............. HB 1501 County Boards; appeals from decisions, rights, notification.................... SB 416 County Boards; members elected, superintendents appointed by boards ......... SR 37 County Boards; members, removal from office ............................... SB 335 County Boards; payroll deductions authorized, certain cases .................. SB 582 County Boards; sales by members prohibited, exemptions. .................. .HB 1197 County Boards; security officers, powers, change population figures ............ HB 568 County Boards; teacher health insurance, contributions, coverage .............. SB 443 County School Superintendents; certification qualifications.................... HB 328 County Systems; authorize school bus use for other purposes ............... HB 1560 Criminal Record Check; supervisory personnel, procedures ................... HB 1261 Department; supplemental appropriation FY 85-86 for construction ........ .HB 1140 Developmental Studies Study Committee; college preparation, joint........... SR 389 Driver Education Vehicle in Schools; definitions for ad valorem taxes......... SB 474 Driver Training; alcohol, drug information, auto insurance .................... SB 441 English Language; designate official state language .......................... HR 717 Handicapped Children; Human Resources, special services ..................... SB 22 Handicapped Children; schools, special services .............................. SB 21 Handicapped Preschool Children; urge develop community resources .......... SR 281 Headstart Program; urge Congress fund block grants ......................... SR 319 Health Improvement Programs; State Board establish ......................... HB 49 Insurance; local systems, joint self-insurance pools, risk management ......... SB 440 Legislative Educational Research Council; abolish ........................... HB 1653 Legislative Educational Research Council; rename House Research Council . . .HB 1127 Loans; National Guard members, eligibility................................. HB 1446 Local School Systems; additional tax revenue sources ........................ HR 509 McDaniel, Dr. Charles; State School Superintendent, condolences ............. SR 539 Military Draft Registration; refusal, ineligible for State funds, grants .......... SB 402 Military Draft; ineligible for state aid unless registered ....................... HB 969 No Pass, No Play Study Committee; joint, create ............................ SR 290 Parent Orientation Course; required for child's school admission .............. SB 336 Prayer in Public Schools; urge U.S. Constitutional Amendment ............... HR 517 Prayer in Public Schools; urge U.S. Constitutional Amendment, joint.......... SR 376 Property, State-owned; inventory, file State Properties Commission........... HB 1888 PTA Day in Georgia; designate February 18, 1986 ......................... SR 385 Public School Employees; retired, health insurance plan, CA .................. SR 375 Public School Employees, Retired; health insurance, dependent coverage ...... HB 1693 Public School Employees, Retired; provide health insurance program .......... HR 125 Revenue Shortfall Reserve; funds held for QBE Act......................... SB 363 School Bus Drivers; increase minimum salaries ............................. HB 1662 School Buses; authorize use for other purposes, certain cases................. HB 1560 School Buses; exhaust system requirements, change ......................... HB 1463 School Buses; seat belts, study committee, create ............................ SR 422
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INDEX

2387

EDUCATION (Continued)

School Buses; unlawful passing, reporting procedures ........................ HB 1347

School Disciplinary Tribunals; change provisions .............................. SB 58

School Disciplinary Tribunals; change time for appeals

HB 1276

School Disciplinary Tribunals; exempt primary grade children

HB 1561

School Food Service Personnel; sick leave provisions ......................... SB 438

School Lunch Program; oppose elimination of federal support

SR 220

School Property; no longer needed, lease provisions

HB 1208

Screening, Remedial Programs; children under five years

SB 80

State Board; members, per diem allowances

SB 427

Student Loans; income tax refunds, debt collection provisions

HB 1464

Students; out-of-state transfers, eligible extracurricular activities

HB 1163

Teacher Certification; procedures, testing requirements ....................... SB 483

Teachers; education leave not affect accumulated leave ....................... HB 345

Teachers; sick leave, accumulation provisions ................................ SB 238

Teachers; termination, demotion, notice required, procedural rights

SB 478

Teachers; witness leave when subpoenaed to testify in court

HB 1416

Teachers, Certificated Personnel; sick leave, cross reference laws ............. HB 1441

Teachers, Employees; health insurance coverage, local board contribute

SB 443

EDUCATORS, GEORGIA ASSOCIATION; Commend ......................... SR 455

EDWARDS, JACK; Metro Atlanta Youth Clubs, condolences ................... SR 434

EFFINGHAM COUNTY Fort Howard Paper Company; easement for dock facility ..................... HR 566 Industrial Development Authority; ad valorem tax, powers, duties ............ HB 1449 Industrial Development Authority; continue in force ........................ HB 1483 Motor Vehicle Registration; staggered tag sales ............................. HB 1966

ELBERT COUNTY Commissioners; election districts .......................................... HB 1390 Education Board; recreate ................................................ HB 1167

ELBERTON, CITY OF; Mayor, Councilmen; change election date............ HB 1392

ELDERLY Buildings; accessibility standards, requirements ............................... SB 20 Community Care Services; agencies authorized to serve ....................... SB 233 Driver's License; renewal examination requirements .......................... SB 320 Emergency Health Care; requirements, cost provisions........................ SB 132 Hearing Aids; exempt from sales tax....................................... HB 1270 Hearing Aids; exempt from sales tax........................................ SB 379 Hospital, Nursing Home Care Charges; liens, change time limits .............. SB 456 Income Tax Exemptions; certain circumstances ............................... HB 12 Income Tax; exemption provisions due to age or disability.................... HB 408 Longterm Care Facilities; involuntary transfers, taped conversation, notice .SB 301 Medicaid Eligibility; nursing home resident, homestead exempt ............... SB 198 Nursing Homes; Medicaid, supplemented private rooms ..................... HB 1330 Oxygen Sales; prescribed, exempt sales and use tax ......................... HB 1445 Private Long-term Health Care Insurance Study Committee; create............ SR 314 Retirement Income; exemption from income tax ............................. HB 141 Retirement Income; increase amount excluded from income tax .............. HB 1584 Social Security; urge Congress eliminate benefit level disparity ................ HR 578 Tax Deferral Act; additional homestead tax deferral ......................... SB 495 Trial, Civil Cases; order changed if elderly person is party .................... SB 173

ELEANOR, TOWN OF; Incorporation; repeal Act. ......................... .HB 1533

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2388

JOURNAL OF THE SENATE

ELECTED OFFICIALS (Also See Public Officers and Employees or Elections) Statewide; certain offices, salary increase ................................... HB 1550 Vacancies in Office; procedures ............................................ HB 1501

ELECTIONS

Absentee Ballots; change provisions. ......................................... SB 72

Absentee Ballots; hospitalized persons ....................................... SB 71

Amend Code Title; revisions, corrections ................................... HB 1215

Amend Various Code Provisions............................................ SB 296

Amend Various Code Provisions............................................. SB 72

Amend Various Code Provisions........................................... HB 1338

Amend Various Code Provisions; voter registration, absentee ballots

SB 490

Ballot Language; absentees, contests, supplies, notice requirements ........... HB 1338

Ballots; delete straight political party ticket vote ............................ SB 295

Ballots; incumbent candidate listing ........................................ HB 379

Campaign Financial Disclosure; contributions, expenditures under $101, reports SB 543

Campaign Financial Disclosure; director's salary set by law ................... HB 585

Campaign Financial Disclosure; ethics in government, create Ethics

Commission ........................................................... HB 1286

Campaign Financial Disclosure; lawful use of funds, disposition upon death ... SB 435

Campaign Financial Disclosure; reports, define certain offices .................. SB 31

Campaign Financial Disclosure; reports, time for filing ...................... HB 1530

Campaign Financial Disclosure; use of contributions, investigations ............ SB 261

Candidates; congressional, affidavit requirements deleted ............ SB 69

Candidates; nomination petitions, signatures required ........................ SB 297

Candidates; qualification, notices, fees, change provisions ............. SB 72

Candidates; qualifications determined by Secretary of State, delete ...... SB 67

Candidates; qualifying, notice, petitions, party nominations by convention...... SB 375

Candidates; U.S. Congress not required to be registered voter .................. SR 39

County Commissioners; filling of vacancies in office .......................... SB 422

County Tax Officials; vacancies, interim appointments, special elections ... HB 1480

Disclosure; contribution to influence local question on ballot ................. HB 1339

Financial Disclosure Statements; required of State Officials, candidates .... SB 382

Financial Disclosure Statements; required of State Officials, candidates ....... HB 1286

Initiative Petition; to enact statutes, constitutional amendments................ SR 30

Judges; nonpartisan election, delete requirement............................. SR 182

Judges; Supreme, Appellate, Superior; initially appointed, elected thereafter SR 398

Maps, General Assembly, Congressional Districts; printing, distribution ........ HB 787

Municipal; absentee ballots, hospitalized persons.............................. SB 71

Municipal; alcoholic beverage sales permitted......................... SB 70

Municipal; amend Code provisions, voter registration, absentee ballots ......... SB 490

Municipal; amend various Code provisions .................................. SB 296

Municipal; amend various Code provisions ................................... SB 72

Municipal; ballots, incumbent candidate listing .............................. HB 379

Municipal; delete straight political party ticket voting ........................ SB 295

Municipal; disclosure, expenditure to influence local question on ballot ...... HB 1339

Municipal; polling places, convenient locations.............................. HB 1235

Municipal; public opinion exit poll, prohibited at polling places ............... HB 209

Municipal; supplies furnished, publication of notices ........................ HB 1338

Municipal; voter registration, residency, military persons, student, inmates ... HB 1074

Political Conventions; party nominations .................................... SB 375

Polling Places; prohibited campaign activities................................ SB 296

Presidential Preference Primary; held second Tuesday in March .............. SB 455

Public Officials; vacancies in office, procedures.............................. HB 1501

Public Opinion Exit Poll; prohibited at polling places ........................ HB 209

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INDEX

2389

ELECTIONS (Continued) Recount of Votes; procedures .............................................. SB 296 State Board; membership, per diem ......................................... SB 72 State Employees; political activities authorized off-duty ...................... SB 305 Superior Court Clerks; filling vacancies for unexpired terms.................. HB 1688 Voter Registration; by post card, counties of 500,000 ......................... SB 168 Voter Registration; change provisions ..................... SB 72 Voter Registration; legal residence, military persons, student, inmates......... HB 1074 Voter Registration; records, location, additional places......................... SB 34 Voting; straight political party ticket vote prohibited ......................... SB 295
ELECTRIC COMPANIES; Damage suits for injuries, change venue provisions ......................................................... HB 1216
ELECTRIC MEMBERSHIP CORPORATIONS; Satellite television, sale or lease prohibited ................................... HB 639
ELLAVILLE, CITY OF; Mayor and Council, election districts, qualifications, terms .................................................................... SB 469
ELLIJAY; Farmers market, apple cooler, urge extend repayment state funds . . . . . SR 470
ELLIOTT, BILL; Race car driver, congratulate .......................... SR 312
EMANUEL COUNTY Development Authority; continue in force .................................. HB 1998 Property Conveyance; Forestry Commission regional office .................... SR 322
EMERGENCY MANAGEMENT; Deputy director, change title to executive director .................................................................. HB 693
EMERGENCY MEDICAL SERVICES Ambulances; certain local government vehicles exempt from insurance requirement ........................................................... HB 1526 Ambulances; license plates, county name decals required ................... .HB 1357 Counties; funding by additional vehicle license fees, CA ...................... SR 317 Hospitals; cost of care, elderly, indigent, pregnant women .................... SB 132 Indemnification Program; public medical technicians ........................ .HR 644 Indemnification; technicians killed, disabled on duty .......................... HR 69 License Plate Fee Charged; used to support services ......................... SB 399 Regional Systems; licensing of ambulances, paramedics, 911 number ........ SB 400 Study Committee; joint, create ........................................... SR 316 Unpaid Physician Advising Ambulance; immunity from liability ............... SB 201
EMERSON, CITY OF; Mayor's court, create, abolish police court ............ HB 1491
EMERY, DR. FREDERICK E.; Commend .................................... SR 521
EMINENT DOMAIN Condemnation of Public Property Commission; acquisition powers............ HB 1361 Condemnor; attorneys' fees, court costs, expenses, payment provisions ........ HB 1793 Counties and Municipalities; boundary limitations, CA ....................... SR 358
EMINENT SCHOLARS ENDOWMENT STUDY COMMITTEE; Create SR 356
EMPLOYEES' RETIREMENT SYSTEM Code Section; control over conflicting provisions ............................ HB 1592 County Health Board Employees; 550,000 population, options ................ SB 223 County Juvenile Detention Employees; transfers ............................. HB 612 County Probation System Employees; membership provisions ................. HB 422 Director; salary provisions ................................................. HB 585
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2390

JOURNAL OF THE SENATE

EMPLOYEES' RETIREMENT SYSTEM (Continued)

District Attorneys; secretaries, purchase service credit ......................... SB 50

Falsified Records; penalties ................................................ HB 296

Forfeited Leave Credit; elected officials ..................................... SB 104

Maximum Allowance; new members ....................................... HB 1205

Military Service; credit, limitations ........................................ HB 1592

State Patrol Employees; continue service after age 55

SB 304

Tax Commissioners; ineligible after 1985 .................................... HB 417

Transfer of Credit; to teachers system, certain cases ......................... HB 391

Transfers to Teachers Retirement; limit

....... SB 206

Unused Leave Credit; elected and classified personnel ........................ SB 225

EMPLOYMENT SECURITY LAW (Also See Labor and Industrial Relations) Employment Records; requirements for keeping, disclosure ................... SB 472 Interest on Unpaid Taxes; waiver provisions, report required.................. SB 470 Payment Disputes; compromise provisions, reports ........................... SB 471 Public Opinion Interviewer; part-time students, ineligible ..................... SB 584 Security Bonds, Deposits; nonprofit organizations ............................ SB 473

EMPLOYMENT Career Consulting Firms; definition, fair business practices .................. HB 1218 Dependent Care Assistance Costs; exclude from net income computation ....... HB 216 Employees; court attendance, unlawful penalize for absence from work. ........ SB 314 Employers; action against employee subpoenaed, or on jury duty unlawful . . . . HB 1327 Hazardous Chemical Right to Know Act; disclosure requirements.............. HB 206 Job Training; federal program, urge change eligibility requirements............ SR 405 Jury Duty; employer required to continue pay ............................... SB 398 PEACH, Employment and Community Help Program; AFDC recipients participate ............................................................. SB 465 Temporary Help Services Week; designate .................................. HR 809 Training, Community Work Programs, PEACH; establish, AFDC recipients . . . . HB 136

ENGLISH LANGUAGE; Designate official state language ................... .HR 717

ENVIRONMENTAL PROTECTION (Also See Natural Resources or Conservation) Airport Noise; APDCs study, authorized by local government ................ HB 1203 Asbestos Safety Act; enact, create board, licensing ........................... SB 409 Coastal Areas; traffic rules, enforcement on private roads ..................... SB 417 Coastal Marshlands and Shore Assistance Acts; revise procedures, powers ...... SB 450 Dams Act; grants for repairs, extend certain exemptions..................... HB 1143 Environmental Facilities Authority, Georgia; create to aid local governments HB 1142 Hazardous Chemical Right to Know Act; disclosure requirements.............. HB 206 Hazardous Materials; railroads hauling, caboose required ..................... SB 242 Hazardous Waste Disposal, Treatment; definitions, guarantor's liability ... .HB 1144 Local Water Facilities; revise Georgia Development Authority duties.......... HB 1686 Metropolitan River Protection; development applications ..................... SB 317 Motor Vehicles; emission inspections, change certain provisions ............. HB 1377 Motor Vehicles; emissions, increase inspection fees, seat belts ............... .HB 1321 Nuclear Generating Plants; phase in costs................................... SB 111 Nuclear Generating Plants; PSC, prudency determinations.................... SB 263 Septic Tank Waste Dumping; unlawful discharge public systems ............ .HB 1424 Underground Storage Tank Act; manage regulated substances storage .... HB 1145 Water Pollution Control; permits, penalties, federal funds ................... HB 1280 Wood Burning; controlled, prior notice....................................... SB 98

EPPS, LEONIDAS S.; Clark College, commend ................. SR 450

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INDEX

2391

EQUITY; Judgments, repeal certain provisions for setting aside ................ SB 457

ESTATES (Also See Wills, Trusts, and Administration of Estates) Appraisement; heir or beneficiary may offer evidence ......................... SB 208 Investments; marital deduction trust, conversion of property .................. SB 378 Living Wills; revocation provisions, define form .............................. SB 444 Motor Vehicle Title; transfer under decedent's will, procedure ................ SB 331 Property; inequitable division, parties seeking relief .......................... HB 363 Spouse's Entitlement; exception if divorce pending.......................... HB 1228 Year's Support; amend various provisions, requirements ...................... HB 908

ETHICS (Also See Conflicts of Interest) Campaign Contributions; lawful use of funds, disposition upon death .......... SB 435 Elected Officials; indicted, convicted, suspension and salary provisions ........ HB 1287 Financial Statements; State officials, candidates. ............................. SB 382 State Ethics Commission; create, financial disclosure requirements............ HB 1286

ETOWAH-FORSYTH WATER AUTHORITY; Members, appointment

HB 1873

EVANS COUNTY Education Board; members' expenses, approval by superintendent............. SB 534 Wildlife Club, Rattlesnake Roundup; commend .............................. SR 492

EVANS, LEWIS B.; GBI officer, commend ..................... SR 417

EVIDENCE Hearsay; certain child testimony on sexual, physical abuse allowed ............ HB 289 Privileged Information; medical, mental health, clergy records................. HB 962 Tort Actions; damage awards, collateral income sources admissible .......... HB 1186 Veterinary Care; confidentiality of records.................................. HB 1986 Witnesses; privileged communication include clergy counseling ................ SB 589

EXAMINING BOARDS, STATE Powers; unlicensed persons practicing business .............................. SB 368 Records System; provide file on all licensees................................ HB 1435

EXTRA POINT CLUB YOUTH ACTIVITIES; Commend ..................... SR 486

EYE BANKS; Conditions for eye removal, immunity from liability.............. SB 85

EYEGLASSES; Medicaid services, urge return to use of in-state providers ....... SR 197

FAGAN, STEVE; Commend ................................................. SR 458
FAIR BUSINESS PRACTICES (Also See Commerce and Trade) Art Dealers; sales, requirements, disclosure, warranties ..................... .HB 1253 Attorneys; advertising, contingency cases, disclose payments required .......... SB 570 Campground, Marine Facilities; membership contracts, cancellation rights .... SB 433 Career Consulting Firm; definition......................................... HB 1218 Insurance; cancellation provisions. ........................................ .HB 1503 Meetings Selling Goods or Services; purpose must be disclosed ................ SB 326 Office Supply Transactions; deceptive practices ............................. HB 1282 Promotional Giveaway or Contest; redefine, regulate ........................ HB 1439 Telephones; regulate automatic dial, recorded message calls................... HB 790 Telephones; regulate automatic dial, recorded message calls .................. HB 1218
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2392

JOURNAL OF THE SENATE

FAMILY VIOLENCE; Arrest power, crime occurs where persons living together................................................................. HB 1447

FANNIN COUNTY; Election Board, powers and duties

HB 1103

FARM BUREAU DAY; Proclaim February 20, 1986 ........................... SR 378

FARM LABOR SANITATION JOINT STUDY COMMITTEE; Create HR 687

FARMER'S MARKET, ELLIJAY; Apple cooler, urge extend repayment state funds .................................................................... SR 470

FARMS (Also See Agriculture) Agriculture Commission; urge Governor appoint ............................. SR 402 Farmer's Mutual Fire Insurance Companies; maximum loss amounts.......... HB 1556 Industrial Development Bonds; foreign investors, urge disapprove ............. SR 341 Loans; Georgia Development Authority .................................... HB 1686 Office Supply Transactions; deceptive practices ............................. HB 1282 Residential Finance Authority Act; delete farm loan provisions................ SB 420 Tax, Preferential Assessment, Certain Property; penalty in cases of illness HB 1412

FEDERAL GOVERNMENT (Also See Congress, U.S.)

Constitution Bicentennial Celebration Commission; create, joint

SR 403

Driver's License Records; released to Selective Service ........................ SB 45

Environmental Facilities Authority; use federal funds for local aid .......... HB 1142

Firearms Owners Protection Act; commend Georgia delegation

SR 332

Fuel Economy Standards; cars, trucks, urge NHTSA amend mpg level

SR 340

Grant Programs; authorize agreements with other states to facilitate........... SB 429

Income Tax Returns; study coordination of state and federal ................. SR 285

Income Tax; state depreciation allowances, cost recovery ..................... SB 277

Income Tax; urge constitutional amendment, deduct state, local taxes ......... HR 597

Income Tax; urge U. S. amendment, deduction on bond interest, state taxes . SR 462

Israel, State of; relative to duty-free trade legislation......................... SR 494

Job Training Partnership Act; urge change income qualifications .............. SR 405

Judges; urge election, amendment, "Missouri Plan", joint..................... SR 346

Local Governments; state grants, federally accepted audits permitted .......... HB 858

Navajo-Hopi Land Resettlement Act; urge Congress repeal ................... HR 679

Pistol Licenses; fees for cost of FBI fingerprint search ..................... .HB 1162

School Lunch Program; oppose elimination of federal support................. SR 220

Social Security; benefit levels, urge eliminate disparity ...................... HR 578

State Tollway Authority; federal contributions, self-liquidating projects

HB 1713

State Tollway Authority; self-liquidating projects, federal funds ............... SB 564

Timber Products; urge Congress limit foreign imports, Canadian .............. SR 465

Urge Commemorative Stamp; Jon Toorchen's "Courthouse Museum in

Cleveland" ............................................................. SR 388

Urge Constitutional Amendment; line item veto, balanced federal budget .... SR 283

Wallenda, Karl; aerialist, urge commemorative stamp ........................ HR 987

FIDUCIARY SERVICES; Trust powers, bank transfers to affiliated trust companies............................................................... HB 1784

FIELDS, CHARLES ALLEN; Franklin County, accept bid to purchase state-owned property...................................................... HR 587

FIELDS, LAURA; National 4-H championship, commend

........ SR 309

FINANCIAL DISCLOSURE STATEMENTS State Officials, Candidates; reporting requirements ........................... SB 382

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INDEX

2393

FINANCIAL DISCLOSURE STATEMENTS (Continued) State Officials, Candidates; reporting requirements

HB 1286

FINANCIAL INSTITUTIONS (Also See Banking and Finance) Branch Banks; metropolitan statistical areas.................................. SB 65

FINANCING AND INVESTMENT COMMISSION Construction Fund, State; create, debt sinking fund investments, bonds Debt Service Appropriation; capital outlay, bond sales, invest proceeds

SR 427 SB 579

FINCHER, CAMERON, DR.; Educator, commend ............................. SR 508

FIRE PROTECTION AND SAFETY

Blasting, Excavating; near underground utilities, regulations, notification

HB 1489

Compensation of Local Officers; study committee, create

SR 453

Fire Hydrants; marking system on roads, Transportation Department

SR 196

Firefighter; misrepresenting for solicitation unlawful.......................... HB 222

Firefighters; special motor vehicle license plates ............................ HB 1212

Firemen Indemnification; change definition ................................. HB 1581

Firemen; employment applicants, criminal records check...................... SB 391

Firemen; employment applicants, driving record check ....................... SB 392

Fireworks Sales; permits, definitions, license requirements .................... HB 264

Handicapped Accessibility Standards; requirements ..... SB 20

Hazardous Chemical Right to Know Act; disclosure requirements

HB 206

Indemnification Program; firemen killed or disabled .......................... HR 644

Smoke Detectors; required in new residential construction .................... SB 554

State Firefighters; injured on duty, salary while recuperating.................. SB 322

FIREARMS

Gun Owners Protection; federal, commend Georgia Delegation ................ SR 332

Pistol License; residency requirements ..................................... HB 1226

Pistol Licenses; fees for cost of FBI fingerprint search....................... HB 1162

Retired Law Enforcement Officers; carry pistols in public buildings ............ HB 889

Stun Guns and Tasers; unlawful firearms .................................. HB 1109

Theft of Firearms; definitions, penalties .................................... HB 1455

Trial Judges; authorized to carry concealed weapons ........................ HB 1109

Trial Judges; carry concealed weapon without license

SB 590

FIREWORKS; Sales, permits, definition, license to sell, distribute.............. HB 264

FIRST OFFENDERS Probation; clerk of court record exoneration upon release .................... HB 1342 Sentence; court review defendant's eligibility ................................ SB 442

FISHING (Also See Game and Fish) Cast Nets; authorized for shad and herring.................................. SB 350 Netting; from commercial fish farm unlawful ................................ SB 299

FLOVILLA, CITY OF; Water and Sewer Authority, create .................. HB 1985

FLOYD COUNTY Board of Elections; create ................................................ HB 1903 Cave Spring; School for the Deaf, property conveyance to city ................ SR 289 Homestead Exemption; ad valorem tax, 65 years or older, referendum ........ HB 1821 Homestead Exemption; school district, certain elderly, referendum ........... HB 1819 Sidney R. Lowrey, Sr. Memorial Bridge; designate ........................... HR 591

FOOD STAMPS; Purchases with food stamps, WIC coupons exempt from sales tax ................................................................ HB 1362

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2394

JOURNAL OF THE SENATE

FOOD, DRUGS AND COSMETICS (Also See Drugs or Pharmacies)

Beef Labeling; Agriculture Department regulations, certification .............. HB 1984

Drug Wholesalers, Distributors; registration, reporting requirements

SB 482

Drugs, Dispensing, Compounding; requirements, records, podiatrists

HB 1159

Misbranded Foods; change definitions ..................................... HB 1171

Pharmacists; licensing, continuing education ................................. SB 267

Practices Involving Drugs; federal regulations, compliance .................. HB 1158

FOREIGN JUDGMENTS; Civil practice, uniform enforcement law

SB 164

FOREST PARK SENIOR HIGH SCHOOL BASEBALL TEAM; Commend ...... SR 467

FORESTRY Commission; controlled wood burning, prior notice required.................... SB 98 Commission; Property conveyance, Emanuel County for regional office ......... SR 322 Commission; Reforestation Incentives Program, create, requirements on wood load tickets .............................................. SB 412 Commission; transfer ownership of structure, Schley County .................. HR 770 Commissioner; salary set by law ............................................ HB 585 Herty Foundation; research powers, fibers, materials ........................ HB 1462 Timber Products; urge Congress limit foreign imports, Canadian .............. SR 465 Trucks Hauling Forest Products; license plates, county name decal .......... .HB 1357

FORSYTH COUNTY Civil Service System; continue in force..................................... HB 1721 Commissioners; expense allowance ......................................... HB 1720 Etowah-Forsyth Water Authority; members, appointment.................... HB 1873 Homestead Exemption .................................................... HB 395 Water and Sewerage Authority; abolish, transfer rights to county............. HB 1872

FORSYTH, CITY OF; Corporate boundaries include certain areas ............ HB 1534

FORT HOWARD PAPER COMPANY; Easement, dock facility............. .HR 566

FORT VALLEY STATE COLLEGE; Commemorative license plates, issued .SB 423

FOSTER, SARALYN; Commend ....................... SR 544

FOUR-H CLUB MEMBERS; Championship winners, introduction ............ Page 584

FOWLER, CONGRESSMAN WYCHE; Remarks ............................. Page 49

FOWLER, ROBERT R.; Condolences......................................... SR 371

FRANKLIN COUNTY Franklin-Heard County Water Authority; sewerage projects, bonds ........... HB 1467 Property Sale; accept bid of Charles Alien Fields .............. .HR 587

FRIVOLOUS LAWSUITS Attorneys' Fees; civil cases, provisions, limitations ........................... SB 434 Court Costs; criminal committal hearing dismissed as unfounded .............. SB 339 Court Motions, Pleadings; attorney signature attests good faith, sanctions .... SB 385 Groundless Actions; attorney's fees and expenses awarded ........... SB 371 Groundless Actions; court costs, appeals, assess attorney's fees .............. HB 1146

FULLER, EDGAR J., JR.; Commend......................................... SR 459

FULTON COUNTY Ad Valorem Taxation; county powers and duties, continue in force ............ SB 506 Atlanta Urban Enterprise Zones; tax classification, continue in force ........... SB 501 Atlanta; authority to implement redevelopment powers ...................... HB 1634 Atlanta-Fulton County Tax Assessors Board; continue in force ................ SB 519 Atlanta-Fulton County Taxation Study Commission .......................... HR 686

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INDEX

2395

FULTON COUNTY (Continued)

Atlanta, Fulton, DeKalb County; contracts, hospital authorities, continue

SB 585

Atlanta, Fulton, DeKalb County; issue stadium bonds, continue in force

SB 586

Bond Issuance for Public Improvements; authority, continue in force

SB 512

Branch Offices; commission and education board, continue in force

SB 528

Business License Tax; authority to levy, continue in force .................... SB 529

Civil Service Merit System; continue in force ................................ SB 516

Civil Service System; continue in force...................................... SB 499

Commission; compensation of members .................................... HB 1642

Community Improvement Districts; create certain areas, issue bonds,

levy taxes .............................................................. SB 601

Detention Facilities; operation, continue in force ............................. SB 503

Expenditures; promote tourism and industry, authority continued in force . .... SB 521

Funds to Support State-owned Institutions; continue in force ................. SB 515

Garbage Disposal Service and Tax Districts; continue in force................. SB 518

Governing Authority; continue in force...................................... SB 511

Health Board; employees, retirement system, options......................... SB 223

Health Board; Merit System unclassified service positions .................. .HB 1152

Homestead Exemption; continue in force.................................... SB 507

Homestead Exemption; housing corporation members, continue in force........ SB 514

Homestead Exemption; referendum ........................................ HB 1559

Industrial District; creation and tax exemption, continue in force.............. SB 509

Juvenile Intake, Probation Officers; state subsidy to employ .................. SB 222

Landfills; certain provisions, continue in force ............................... SB 498

Library System; property, tax districts, use of funds ........................ HB 1493

MARTA Wage Disputes; superior court judge authority ..................... HB 1204

Medical Examiner; powers and duties, continue in force ...................... SB 522

Officials; authority to appoint deputies, continue in force ..................... SB 505

Ordinances in Unincorporated Areas; continue in force ....................... SB 520

Pension System; certain employees participate, continue in force .............. SB 526

Public Libraries; authorize county-wide system, continue in force............. HB 1633

Public Works Contracts; lowest responsible bidder, other factors ............. HB 1340

Rapid Transit System Study Committee; Atlanta to Columbus, create ......... SR 360

Recreational Programs; county fund for certain cities, continue in force ........ SB 524

Recreational Programs; grants to municipalities, continue in force ............. SB 508

Recreational Programs; operate in certain municipality, continue in force ..... SB 513

Redevelopment Powers; exercise........................................... HB 1521

Retirement Benefits; increase to certain retirees, continue in force ............. SB 527

Revenue Bonds; issue for stadiums, continue in force......................... SB 517

School Bonds; Atlanta assume county's debt upon annexation, continue....... HB 1621

Schools; property to Atlanta upon annexation, continue in force.............. HB 1620

Service Districts; continue in force authority to provide and assess taxes .... SB 504

Sewer, Water, Fire Prevention and Parks Systems; continue in force........... SB 500

Southern Railway Company; modify property lease agreement ................ HR 512

Stadium Construction; contract with Atlanta, continue in force................ SB 530

Street Improvement Bonds; cities over 150,000, continue in force ............. HB 1618

Street Improvements in Unincorporated Areas; continue in force .............. SB 523

Tax Commissioner; indemnify for uncollected auto tags, continue in force .... SB 531

Tax Commissioner; selection and deputy, continue in force ................... SB 510

Tax; payment checks payable to office, exemption ........................... SB 273

Taxes; collections for Atlanta, continue in force.............................. SB 525

Voter Registration; post cards authorized ................................... SB 168

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2396

JOURNAL OF THE SENATE

G
GABRIEL, BRYAN; National 4-H championship, commend .................... SR 303
GAINESVILLE, CITY OF Gainesville-Hall County Development Authority; continue in force............ HB 1430 Tax Exemption; certain residents, referendum .............................. HB 1116
GAMBLING Bingo Games; assistants, salary and participation limitations .................. SB 303 Bingo Games; limitation on persons assisting operations ............... SB 383
GAME AND FISH (Also See Natural Resources) Conservation Officer; impersonating, change penalty......................... HB 1341 Fishing; cast net authorized for shad and herring ............................ SB 350 Fishing; unlawful to net fish from commercial fish farm ...................... SB 299 Food Fish Dealers; licensing .................................... SB 410 Hunter Safety Course Study Committee; create............................ SR 423 Hunting; unlawful to interfere, catfish sales, shipping fish eggs ............. .HB 1344 Hunting, Fishing Licenses; honorary to certain veterans ..................... HB 1128 Hunting, Trapping; allowed in State parks, restrictions ...................... HB 1325 Raccoon Fur Seller's License; change fee .................................... HB 846 Saltwater Fish; possession, size limitations, certain fish ................. HB 1495 Taxidermists; mounting, selling authorized furbearers ....................... HB 1326
GARDEN CITY Corporate Limits ........................................................ HB 1887 Corporate Limits ........................................................HB 1727
GARNISHMENT Child Support; procedures ........................................ SB 241 Notaries Public; duties relating to documents............................... HB 1283 Uniform Partnership Act; garnishment provisions ........................... HB 1229
GASOLINE Below Cost Sales Act; civil actions, attorney fees, damages.................... SB 415 Blasting, Excavating; underground utilities, regulations, notification........... HB 1489 Poultry Producers; heating fuel exempt from sales tax ..................... .HB 1294 Self Service Stations; attendant required to aid handicapped................ SB 588 Service Stations; cold beer, wine sales prohibited, certain cases............... SB 345 Underground Storage Tank Act; manage regulated substances storage. ....... .HB 1145
GAULT, WILLIE; Chicago Bears football, commend ..................... SR 464
GENERAL ASSEMBLY Adjournment; February 20 to February 24 .................................. HR 765 Adjournment; January 17 to January 27 .................................... HR 459 Adjournment; March 3 to March 6 ......................................... SR 497 Adjournment; sine die March 7 .......................................... HR 1001 Adjournment; sine die, amend time in HR 1001 ........................... HR 1014 Appropriations; excess funds received, disposition ............................. SR 42 Appropriations; supplementary bills prohibited except in emergency ........... SR 123 Campaign Financial Disclosure; create Ethics Commission ................... HB 1286 Candidates; disclosure reports, state-wide, legislative offices .................. SB 31 Claims Advisory Board; Corrections Commissioner serve, quorum. ........... .HB 1314 Courts, Rule-making Powers; General Assembly law paramount ............... HR 525 Elections; constitutional amendments, form on ballots ..................... HB 1338
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INDEX

2397

GENERAL ASSEMBLY (Continued)

Governor; notify General Assembly convened ................................ HR 455

House Convened; notify Senate ............................................ HR 454

House of Representatives; Assistant Administration Floor Leaders, salary . . HB 1366

House Research Council; Legislative Educational Research Council, renamed HB 1127

Income Tax Returns; study coordination of state and federal ................. SR 285

Joint Session; Governor, State of the State and Budget Message .............. HR 457

Joint Session; invite Supreme and Appellate Court justices ................... HR 499

Judicial Council; adoption of rules, prior notice required .................... HB 1227

Legislative Educational Research Council; abolish ........................... HB 1653

Legislative Institution Study Commission; create, joint ....................... SR 377

Legislative Retirement System; abolish, 1986 ................................ SB 143

Legislative Retirement System; increase benefits ............................. SB 120

Louisville Bicentennial Celebration; delegation attend ........................ SR 468

MARTA Overview Committee, MARTOC, extend to 1990

...... HR 515

Members; elected for four-year term .......................................... SR 5

Members; interim air travel expense reimbursement......................... HB 1695

Members; license plates, county name decals not required ................... HB 1357

Members; mileage expense allowance for travel ............................. HB 1348

Members; retirement, creditable service requirements ........................ SB 105

Members; suspension from office upon federal indictment...................... SR 13

Merit System; legislative review of rules .................................... SB 145

Metropolitan River Protection Act; overview of rule changes .................. SB 317

Occupational Regulation Review Law; legislative overview .................... HB 850

Reapportionment Maps, Local Acts; Secretary of State print, distribute........ HB 787

Reapportionment; House districts 28 and 34................................. HB 181

State Agencies; rules, legislative override powers ............................. SB 406

Veto provisions; proposed State agency regulations............................ SR 46

GENERAL MOTORS CORPORATION; Commend ...................... SR 524

GEORGIA ASSOCIATION OF EDUCATORS; Commend ...................... SR 455

GEORGIA BUILDING AUTHORITY (See Building Authority, Georgia)

GEORGIA BUREAU OF INVESTIGATION, GBI Director; salary set by law ................................................. HB 585 Fire Departments; criminal record check employment applicants .............. SB 391 Impersonating Officer; criminal penalty .................................... HB 1341 Jackson County; jurisdiction, continue local constitutional amendment ........ HB 1912 Missing Children Information Center; create................................ HB 1263 Phil Peters Building; designate headquarters ................................ HR 470 Phil Peters, Director; condolences .................................. SR 397 Prison Inmate; death without physician, notification requirements ............. SB 217 Sex Criminals; superior court clerk supply records, repeal requirements ..... SB 448

GEORGIA CODE (See Code of Georgia)

GEORGIA DEVELOPMENT AUTHORITY; Recreate, powers, agricultural development loans ....................................................... HB 1686

GEORGIA EDUCATION AUTHORITY; real property inventory, file State Properties Commission ................................................... HB 1888

GEORGIA INSTITUTE OF TECHNOLOGY Baseball Team; 1985 ACC Conference Championship, commend ............... SR 406 Basketball Team and Coach Bobby Cremins; commend....................... SR 408 Centennial License Plates; extend issuance time ............................ HB 1360 Football Team and Coach Bill Curry; commend ............................. SR 407

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2398

JOURNAL OF THE SENATE

GEORGIA INSTITUTE OF TECHNOLOGY (Continued) Golf Team and Coach Puggy Blackmon; commend ........................... SR 409

GEORGIA MILITARY COLLEGE; Commend................................. SR 368

GEORGIA RECREATION AND PARK SOCIETY; Commend .................. SR 370

GEORGIA SOUTHERN COLLEGE

Eagles Football Team; commend ........................................... SR 342

Eagles Football Team; commend ........................................... SR 326

License Plates; special issue............................................... HB 1444

Russell, Erk; commend

........... SR 327

GEORGIA STATE UNIVERSITY; License plates, issuance................. HB 1384

GINGRICH, CONGRESSMAN NEWT; Introduction ........................ Page 671

GIRL SCOUT GOLD AWARD RECIPIENTS; Commend ........... SR 387

GLASS, TINA; National 4-H championship, commend .............. SR 296

GLYNN COUNTY Motor Vehicle Registration; staggered tag sales ............................. HB 1975 Sheriff; automobiles ....................................................... SB 272 State Court; clerk, compensation ........................................... SB 493

GOARE, GEORGE EDWARD; Condolences ................................... SR 440

GOLDIN, MAX; Elected to State Transportation Board ............... Pages 110, 111

GOODROE, RICHARD THOMAS, SR.; Condolences ............. SR 466

GOODWILL GAMES AND ATHLETES; Commend ................... SR 511

GOODWIN, GEORGE E., JR.; Journalist, commend ........................... SR 534

GORDON COUNTY Commissioners Board; election, powers and duties, referendum ............... HB 2060 Coroner; compensation, deputy coroner .................................... HB 1946 Hayes, Roland, Parkway; designate ........................................ .HR 588 Motor Vehicle Registration; staggered tag sales, referendum ................ .HB 2005

GORDON, JOSEPH M.; State Patrol trooper, commend .............. SR 399

GOVERNMENTAL LIABILITY Insurance; public officers, local school boards, self-insure, risk management.... SB 440 Self-Insurance Programs; counties, cities, risk management pools .............. SB 369

GOVERNOR Federal Grant Programs; authorize entering agreements other states ........... SB 429 General Assembly Convened; notify ....................................... HR 455 Joe Frank Harris; address joint session .................................... Page 49 Joe Frank Harris; address joint session ..................................... HR 457 Joe Frank Harris; communications from .......................... Pages 21, 24, 1429 Joe Frank Harris; veto letters 1985 and 1986 sessions ................. Pages 21, 1429 Ports Authority; property sold as loan security, no prior approval ............. SB 337 Public Officials; vacancies in office, procedures .............................. HB 1501

GOVERNOR'S BLACK ON BLACK CRIME COMMISSION; Create

SR 334

GRACEWOOD STATE SCHOOL AND HOSPITAL; Redesignate as Norman B. Pursley Georgia Developmental Center........................... HR 524

GRAND JURIES (Also See Juries or Courts) Certain Inspection Duties Not Required ................................... HB 1233 Statewide Investigative Powers; drugs and RICO Act violations ............... SB 426

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INDEX

2399

GRANDPARENTS RIGHTS Adoption Proceedings; provisions ........................................... SB 395 Adoption; visitation rights, exceptions ..................................... HB 1643
GRANTS Educational Loans; National Guard members, eligibility .................... HB 1446 Students; ineligible for funds, refusing military draft registration .............. SB 402 Students; ineligible for state aid if not registered for military draft............ HB 969
GREATER MT. CALVARY BAPTIST CHURCH; Commend ................... SR 437
GREENE COUNTY Commissioners; election of members ....................................... HB 1453 Development Authority; membership ...................................... HB 1677 Education Board; election method ......................................... HB 1454
GREENE, SENATOR RICHARD L.; Commend ............................... SR 541
GRIFFIN HIGH SCHOOL THESPIAN TROUPE; Commend .................. SR 280
GRIFFIN, CITY OF; Development Authority, continue in force .............. HB 1747
GUARDIAN AND WARD Guardian, Adult Ward; estate planning, disposition of property authorized ... HB 493 Medical Malpractice; potential action, limitations, appointment of guardian ... SB 459 Petition for Sale of Ward's Property; service on guardian if ward under 14. . . .HB 1571
GWINNETT COUNTY Business License Tax; franchises, waste collection, ambulance, cable TV ... HB 1860 Education Board; chairman, terms of office................................. HB 1865 Education Board; compensation .......................................... HB 1857 Education Board; elections, appoint superintendent, continue in force ........ HB 1863 Fire Protection and Sewerage Districts; continue in force .................... HB 1867 Garbage Disposal; sanitation districts, landfills, continue in force .......... HB 1861 Industrial Building Authority; continue in force............................. HB 1862 Merit System Board; executive secretary, personnel director, meetings ....... .HB 1897 Merit System of Employment; continue in force ............................ HB 1859 Motor Vehicle Registration; staggered tag sales, referendum. ................ .HB 1956 Ordinances; speed limits, weight limits, truck routes, continue in force ........ HB 1864 State Court Judge and Solicitor; compensation ............................. HB 1858 Water, Sanitation, Sewerage, Fire Protection; taxation, continue in force ...... HB 1866

H
HABEAS CORPUS Case Review; relief from judgment if based on insufficient evidence............ SB 461 Death Penalty Appeals; to federal court, urge require time limit .............. SR 344 Inmates; proceedings held at county correctional institutions................. HB 1751 Traffic Conviction Challenges; time to file, procedures ....................... HB 1351
HAMBERSHAM COUNTY Commissioners Board; compensation ....................................... HB 2016 Education Board; authority to borrow funds, continue in force .............. .HB 1133 Homestead Exemption for Elderly; continue in force ......................... HB 806
HALL COUNTY Business and Occupational Licenses, Taxes; continue in force ................ HB 1429 Business Licenses; unincorporated areas, continue in force ................... HB 1853
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2400

JOURNAL OF THE SENATE

HALL COUNTY (Continued)

Civil Service System; continue in force..................................... HB 1428

Education Board; continue in force ........................................ HB 1431

Gainesville-Hall County Development Authority; continue in force

HB 1430

Lake Lanier Islands Authority; venue of actions, Superior Court ............. HB 1835

Motor Vehicle Registration; staggered tag sales ............................. HB 1905

Tax Exemption; certain residents, referendum .............................. HB 1115

Taxation Powers; continue in force ....................................... HB 1427

HAMILTON COUNTY, TENNESSEE; Property conveyance, formerly Western and Atlantic Railroad ............................................. HR 507

HAMPTON, WILLIAM CHARLES; Commend ................................ SR 419

HANDICAPPED PERSONS Access to Public Facilities; exemption provisions............................. SB 394 Blind Persons; committee to study State facilities for training, create .......... SR 441 Blind; vending facilities operated on state property .......................... SB 106 Buildings; accessibility standards, regulations ................................. SB 20 Children; Human Resources Department, special services ........... SB 22 Education; special services in schools ........................................ SB 21 Handicapped Parking; enforcement authority, local governments .............. SB 343 Income tax; exemption provisions due to disability........................... HB 408 Infantile Autism Syndrome; urge adopt uniform diagnostic criteria ............ SR 416 Longterm Care Facilities; involuntary transfers, taped conversation, notice ... SB 301 Preschool Children; urge development programs ............................. SR 281 Rehabilitation Technology Study Committee; create .......................... SR 356 Self-Service Gas Stations; assistance provided ............................... SB 588

HAPEVILLE, CITY OF; Corporate limits, change .......................... HB 1499

HAPPY HOUR; Alcoholic beverages, prohibit 2 for 1 sales, awards, contests . ... SB 258

HARALSON COUNTY County Courthouse Facilities; contracts for lease, continue in force ........... HB 1891 School Taxes; tax commissioner, collection fees ............................. HB 1970 Water Authority; composition, terms, vacancies, quorum..................... HB 1908

HARRIS COUNTY Education Board; districts, composition .................................... HB 1788 Rapid Transit System; Columbus to Atlanta feasibility study, create........... SR 360

HARRIS, GOVERNOR JOE FRANK Address Joint Session .................................................... Page 49 Address Joint Session .................................................... HR 457 Communications from ........................................... Pages 21, 24, 1429

HART COUNTY; Coroner, compensation.................................. .HB 1869

HARTMAN, PAM; Commend .................................. SR 543

HARTMAN, PAMELA; Serve as nurse, General Assembly medical aid station . . Page 14

HAWKINSVILLE, CITY OF; National Guard Armory, convey to Pulaski Development Co. ......................................................... HR 519

HAY BALES; Vehicles transporting, permits ............................... .HB 1066

HAYES, ROLAND, PARKWAY; Designate, Gordon County ............. .HR 588

HAYS, ROBERT W.; Southern Tech, commend ............................... SR 425

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INDEX

2401

HAZARDOUS MATERIALS Asbestos Safety Act; create board, licensing ................................. SB 409 Asbestos, Hazardous Materials Liability Insurance Fund; cover state agencies .HB 1953 Asbestos, Hazardous Materials Removal Agency; Georgia Building Authority HB 1952 Glass Installations in Buildings; hazardous locations, define .................. HB 1490 Hazardous Chemical Right to Know Act; disclosure requirements.............. HB 206 Immunity from Liability for Aid in Mitigating Damage....................... HB 153 Railroads; hauling hazardous material, caboose required ...................... SB 242 Underground Storage Tank Act; exempt certain regulated hazardous waste . HB 1145 Waste Disposal, Treatment; definitions, guarantor's liability. ................ HB 1144 Water Pollution Control; permits, penalties, federal funds ................... HB 1280
HEAD INJURY TREATMENT, REHABILITATION STUDY COMMITTEE; Create ................................................... SR 463
HEALTH CARE FACILITIES, HOSPITALS (Also See Health or Hospitals or Nursing Homes) AIDS, Sexually Transmissible Diseases; reports required..................... HB 1187 Anatomical Gifts; procedures, requirements, organ donors .................... SB 327 Anatomical Gifts, Organ Donors; regulations, minors, unlawful to buy, sell . . . . HB 1334 Blood Donors; hospital may not prohibit patient providing .................. HB 1524 Blood Donors; patient may provide, scheduled surgery or treatment ........... SB 575 Breast Surgery; informed consent, patient's rights............................ SB 542 Certificate of Need; outpatient clinics in hospitals exempt ................... HB 1591 Certificate of Need; rule changes not affect prior applications ............... HB 1192 Emergency Medical Services; regional systems, licensing ...................... SB 400 Emergency Medical Services; trauma centers, joint study committee, create .... SR 316 Health Care Data Clearing House; create in Health Planning Agency ......... HB 1285 Health Planning Review Board; appeals, planning agency no judicial review . HB 1591 Hospital Authorities; audit filing requirements .............................. HB 1355 Hospital Authorities; local referendum before property sales .............. SB 56 Hospital Equipment Financing Authority; powers, investments, bonds ......... SB 532 Human Body; unlawful buy or sell ........................................ SB 146 Indigent Care Costs; public hospital sales, study committee, create ............ SR 394 Liens for Charges, Treatment of Patients; change time limitation.............. SB 456 Liens; court fees for filing ................................................ HB 1644 Longterm Care; involuntary transfers, taped conversation, notice .............. SB 301 Medical Information; released as evidence, procedures ........................ HB 962 Nursing Home Administrators Board; powers, termination date .............. HB 1177 Substance Abuse, Disability Service Programs; establish local councils ...... HB 1385 Surgical Treatment; informed consent, patient's rights. ....................... SB 128
HEALTH MAINTENANCE ORGANIZATIONS; Regulation, rates ......... HB 1748
HEALTH (Also See Mental Health or Health Care Facilities or Human Resources) Abortion; request by minor, parents notified................................. HB 310 Alzheimer's Disease Study; commend findings ............................... SR 415 Anatomical Gifts; organ donors, hospital procedures, requirements............ SB 327 Anatomical Gifts; organ donors, regulations, minors, unlawful to buy, sell . . . . . HB 1334 Bathhouses; restrict operation ............................................. HB 1189 Blood Donors; hospital may not prohibit patient providing .................. HB 1524 Blood Donors; patient may provide, scheduled surgery or treatment ........... SB 575 Boxing and Wrestling Commission, State; licensing............................ HB 39 Breast Cancer Booklet; physicians distribute to patients ...................... HB 615 Breast Surgery; informed consent, patient's rights........................... SB 542
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2402

JOURNAL OF THE SENATE

HEALTH (Continued)

Cancer Control Month in Georgia; April, 1986, commend ..................... SR 391

Certificate of Need; outpatient clinics in hospitals exempt ................... HB 1591

Certificate of Need; rule changes not affect prior applications ............... HB 1192

Chiropractors; change scope of practice ..................................... HB 156

Community Care Services; agencies authorized to serve....................... SB 233

Counties; roadhouses, dance halls, delete inspection requirements ............ HB 1359

County Boards; appoint, discharge district directors .......................... SB 491

County Boards; bathhouses, regulations, powers, duties ...................... HB 1189

County Boards; employees retirement, counties of 550,000 .................... SB 223

County Boards; Fulton, DeKalb, Merit System unclassified positions. ........ .HB 1152

County Boards; Human Resources orders, appeals procedures ................ HB 1315

County Boards; liability immunity, criminal records checks provisions ........ HB 1549

County Boards; membership composition, Atlanta in DeKalb provision ....... HB 1757

County Boards; septic tank installation, adopt standards .................... HB 1465

Criminal Records Checks; prospective DHR employees, procedures ........... HB 1421

Dead Bodies; notification of communicable disease to handlers ................ SB 387

Dental Hygienists; regulation of duties ..................................... HB 1687

Districts Directors; appointment and discharge by county boards .............. SB 491

Drug Samples; illegal diversion, study committee, create ...................... SR 487

Emergency Care; indigents, pregnant women ................................ HB 487

Emergency Care; services, costs for elderly, indigent, pregnant women ......... SB 132

Emergency Care; unpaid physician, liability immunity........................ SB 201

Emergency Medical Services Systems Joint Study Committee; create .......... SR 316

Emergency Medical Services; counties, assess vehicle license fee, CA ........... SR 317

Emergency Medical Services; license plate fee charged to support ............. SB 399

Emergency Medical Services; regional, ambulance and paramedic licenses

SB 400

Emergency Medical Vehicles; local government vehicles, insurance exemption. HB 1526

Eye Banks; conditions for eye removal....................................... SB 85

Handicapped Children; special education services ............................. SB 21

Handicapped Children; special services....................................... SB 22

Hazardous Chemical Right to Know Act; disclosure requirements.............. HB 206

Head Injury Treatment and Rehabilitation Study Committee; create .......... SR 463

Health Care Data Clearing House; create in Health Planning Agency .... HB 1285

Health Improvement Programs; State Board of Education establish ............ HB 49

Health Maintenance Organizations; regulation .............................. HB 1748

Health Planning Review Board; appeals, planning agency no judicial review . . . HB 1591

Hospital Authorities; audit filing requirements .............................. HB 1355

Hospital Authorities; property sales, local referendum ................ SB 56

Hospital Costs and Indigent Care; study committee, create ................... SR 394

Hospital Equipment Financing Authority Act; powers, investments, bonds ... SB 532

Hospitals; emergency care and costs, elderly, indigent, pregnant women ..... SB 132

Human Body; unlawful to sell or buy....................................... SB 146

Indigent Care Hospital Costs; study committee, create ....................... SR 394

Indigent Health Care Funding; urge Governor create task force ............... HR 716

Infantile Autism Syndrome; urge adopt uniform diagnostic criteria ............ SR 416

Insect Sting Emergency Treatment Act; Human Resources administer .......... SB 5

Insurance; continuation of coverage, employment terminated .................. SB 291

Insurance; health maintenance organizations, regulation .................... HB 1748

Insurance; reimbursement for nurse services ................................. SB 381

Insurance, Group; notice of coverage termination, conversion rights ............ HB 212

Liens; hospital, nursing home care charges, change time limits ............ SB 456

Living Wills; effective date, change form ................................... HB 1352

Living Wills; revocation provisions, define form .............................. SB 444

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INDEX

2403

HEALTH (Continued) Longterm Care Facilities; involuntary transfers, taped conversation, notice .... SB 301 Medical Profession Study Committee; separate regulatory board. .............. SR 421 Mental Health; separate from retardation and developmental disabilities . . SB 176 Mentally 111; alcoholics, drug dependent, treatment procedures ................ SB 318 Mentally 111; repeat patients, hospitalization, treatment....................... SB 153 Mentally Retarded; emergency treatment, evaluations ........................ SB 152 Nuisances; municipal powers to close unsafe, unsanitary structures ............ SB 377 Personal Care Homes; criminal record check fees, establish .................. HB 1420 Pregnancy; alcoholic beverage warning notices posted ........................ SB 376 Private Long-term Care Insurance Study Committee; create .................. SR 314 Psychologists' Assistants; privileged communications rule ...................... SB 37 Respiratory Care Practices Act; licensing ..................................... SB 32 Respiratory Care Practices; licensing, regulations............................. HB 615 Substance Abuse Service Programs; create within Human Resources ......... HB 1385 Surgery, Medical Treatment; informed consent, patient's rights ............... SB 128 Venereal Disease Control; AIDS, sexually transmissible diseases ........... HB 1187 Vital Records; fees for search or copies, disposition .......................... SB 333

HEARD COUNTY; Franklin-Heard County Water Authority, sewerage projects ................................................................. HB 1467

HEARING AIDS

Exempt from Sales Tax ......................... SB 379

Sale of; exempt from sales tax

........................ HB 1270

HELEN, CITY OF; City Council, changed to City Commission ............... HB 1733

HENDERSON, BILLY; Clarke Central coach, commend .................... SR 348

HENRY COUNTY Ad Valorem Tax Exemption; elderly, disabled .............................. HB 1607 Business License Tax; continue .......................................... .HB 1609 Coliseum Authority; create................................................ HB 1608 Magistrate Court; law library fees ......................................... HB 1497 Motor Vehicle Registration; staggered tag sales, referendum.................. HB 1606 Probate Court Judge; compensation ....................................... HB 1604 Probate Court Judge; nonpartisan election .................................. HB 773 Racetracks; excise tax on activities authorized ............................... HB 766 Sheriff; Deputy Sheriffs; compensation ..................................... HB 1604 Superior Court Clerk; compensation ...................................... .HB 1604 Tax Commissioner; compensation ........................................ .HB 1604

HERTY FOUNDATION; Research Powers, fibers and materials ............ .HB 1462

HIAWASSEE, CITY OF; Corporate limits ............................... SB 425

HIGHWAYS, BRIDGES AND FERRIES (Also See Transportation) Contracts; highway projects, bidding procedures ............................. SB 148 Designate Antebellum Trail; via Athens, Milledgeville and Macon .............. SR 31 Designate Corridor Z Highway, Columbus to Macon, as Jimmy Carter Parkway. . HR 55 Designate Lost Mountain Scenic Highway; portion State Highway 120 ......... HR 472 Designate; bridge at Powder Springs for Colonel Mancel Newman ............ .HR 330 Designate; bridge in Murray County for R.E. Chambers ..................... SR 292 Designate; bridge, Oostanaula River, Floyd County, Sidney R. Lowrey ........ .HR 591 Designate; Dr. W.K. Smith Highway, portion State Highway 67 ............. SR 339 Designate; John C. Beasley Bridge over Altamaha River ...................... SR 436 Designate; Roland Hayes Parkway, Gordon County ......................... HR 588 Eminent Domain Proceedings; payment of expenses ......................... HB 1793

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2404

JOURNAL OF THE SENATE

HIGHWAYS, BRIDGES AND FERRIES (Continued)

Eminent Domain; Condemnation of Public Property Commission, create

HB 1361

Hay Bales; vehicles transporting, permits .................................. HB 1066

Railroad Crossings; relocation, closing, prior public notice..................... HB 123

Railroad Crossings; relocation, prior hearing, notice to public ................. SB 466

Road, Street Improvement Local Authorities; create by referendum

HR 662

Speed Limits; change for certain county, city roads .......................... SB 453

State Patrol Disciplinary Board; change composition ......................... HB 460

Tandem Trailer Access to Public Roads Study Committee, Joint

HR 465

Tollway Authority Law; self-liquidating projects, add federal funds

SB 564

Tollway Authority; self-liquidating projects, federal contributions............. HB 1713

Transportation Department; one bid received on contract, procedures.......... HB 705

Transportation Projects; plans and public hearings held simultaneously ........ SB 563

Transportation Public Hearings; consolidate several subjects ................. HB 1712

Transportation Study Committee; developmental highways, ports system

SR 480

Trucks; altered suspension system, unlawful to operate ...................... HB 1257

Trucks; oversized, use interstates on return trip, certain cases................. SB 594

Trucks; owner's name, domicile displayed, certain cases ...................... HB 555

Trucks; secured loads, cover to prevent spillage............................... SB 99

Trucks; transporting certain modular housing units, towing permits

HB 1382

Vehicles Transporting certain Swimming Pools; annual permit ................ SB 535

Vehicles; turning-support axles on trucks, weight limitations, definitions ....... SB 545

HILL, WILTON; School Bus Drivers' Association, commend

..... SR 538

HIRAM, CITY OF; Councilmen, elections, terms ............................ HB 1735

HISTORIC PRESERVATION Business Districts; economic impact, study committee, create ................. SR 490 Historic Preservation; Natural Resources Department powers to promote ...... SB 411 Sapelo Island, Heritage Authority Act; Hog Hammock Community ........... HB 1938 Savannah; historic district, freeze ad valorem tax assessment................. HB 1434

HITT, MARION; Commend ............... SR 449

HOGAN, G. W.; Elected State Auditor. ..................................... .HR 458

HOLIDAYS AND OBSERVANCES Retired Teachers' Day; designate 3rd Week November ............. SB 357 Retired Teachers' Day; designate 3rd Sunday in November ................. HB 1147 Temporary Help Services Week; designate ................................. HR 809 Women's History Week; designate .................... HR 739

HOMESTEAD TAX; Tax Deferral for the Elderly Act, additional homestead tax deferral ............................................ SB 495

HORSEY, RICHARD H.; Coca-Cola Board Chairman, commend ........ SR 518

HORTON, AMY; Commend ...................... SR 530

HORTON, LEIGH; Commend ............ SR 531

HOSPITAL AUTHORITIES; Audits, filing requirements ................... HB 1355

HOSPITAL EQUIPMENT FINANCING AUTHORITY; Powers, bond issues, administration ................................................ SB 532

HOSPITALS (Also See Health Care Facilities or Health or Human Resources) Emergency Care and Costs; elderly, indigent, pregnant women ................ SB 132 Mentally 111; repeat patients, hospitalization, treatment....................... SB 153 Mentally Retarded Persons; emergency treatment, evaluations, habilitation .... SB 152

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INDEX

2405

HOSPITALS (Continued)

Pregnant Women; emergency care, cost of services ........................... HB 487

State-owned; property inventory, file State Properties Commission

HB 1888

HOTELS AND MOTELS

Alcoholic Beverage Sales; service in room, licensing

HB 1386

Innkeepers; termination notice to certain occupants ......................... HB 1375

HOUSE OF REPRESENTATIVES Assistant Administration Floor Leaders; additional compensation ............. HB 1366 Legislative Educational Research Council; rename House Research Council. HB 1127 Notify Senate; House of Representatives convened ........................... HR 454 Reapportionment; districts 28 and 34 ....................................... HB 181 Senate Convened; notify House ............................................ SR 276

HOUSING AUTHORITIES

Eligible Housing Units; define............................................. HB 1839

Eligible Units; multifamily dwellings, requirements for designation

SB 558

HOUSING (Also See Buildings and Housing)

Defense of Habitation; justified in tort action, no liability, certain cases

.SB 489

Glass Installation in Buildings; hazardous locations defined .................. HB 1490

Mobile Home, Trailer, Transportable Housing; removal from

landlord property ...................................................... HB 1931

Modular or Sectional; Transportation Department towing permits ............ HB 1382

Public; fraudulently obtaining, penalty provisions ............................. HB 30

Residential Finance Authority; Mortgage Subsidy Bond Tax Act,

provide repeal .......................................................... SB 580

Residential Finance Authority; powers, bonds, low cost loans. ................. SB 420

Urban Residential Finance Authority, Atlanta; powers, loans, bonds .......... HB 1210

HOUSTON COUNTY Commissioners; redevelopment powers, referendum.......................... HB 1613 School District; ad valorem taxation, continue in force ...................... HB 1652 School System; local sales and use tax allocation, continue in force ........... HB 1928

HUBBERT, BRAD; Elected to State Transportation Board ........ Pages 108, 109, 110

HUMAN BODY; Sale or purchase unlawful ................................. SB 146

HUMAN RESOURCES COMMITTEE; Senator Hine act as Chairman ........................................................ Pages 235, 1432

HUMAN RESOURCES (Also See Social Services or Health) Adoption; foreign children, clarify release provisions......................... HB 1211 AIDS, Sexually Transmissible Diseases; reports ............................. HB 1187 Alzheimer's Disease Study Committee; commend findings..................... SR 415 Bathhouses; regulations, prohibitions ...................................... HB 1189
Block Grants; Headstart, Low-Income Energy Assistance, urge funding ..... SR 319 Child Support; enforcement, garnishment, insurance, foster care, taxes ...... SB 241 Child-care Agencies, Facilities; licensing, restrictions ....................... .HB 1225 Child-care Facilities; emergency powers, monitors, resident relocation ......... HB 1262 Children's Programs; personnel, criminal record check, procedures ............ HB 1261 Children's Trust Fund; child abuse, certain vital records fees, CA ............. SR 320
Children's Trust Fund; child abuse, vital records fees, CA .... SR 330 Clinical Laboratory Science Practitioners; regulation, licensing ................ SB 403 Commissioner; salary set by law ............................................ HB 585 Community Care Services; agencies authorized to serve.............. r... ..... SB 233 Criminal Records Check Fees; personal care homes, set by Department ...... .HB 1420

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2406

JOURNAL OF THE SENATE

HUMAN RESOURCES (Continued)

Criminal Records Checks; prospective employees, procedures................. HB 1421

Culver Kidd Medical and Surgical Building; designate, Central State

SR 361

Day Care Centers; child, group and family homes, licensing

SB 404

Department; actions, orders, appeals procedure ............................. HB 1315

Drug Abuse Assessment Programs; DUI cases participate ...................... SB 29

Emergency Health Care; services, costs for elderly, indigent, pregnant women SB 132

Emergency Medical Services; administer license plate fees supporting

SB 399

Emergency Medical Services; counties, assess license fees, CA

SR 317

Emergency Medical Services; regional systems, licensing, 911 number

SB 400

Employees; injured in line of duty, salary while recuperating

SB 322

Employment and Community Help Program, PEACH; AFDC recipients

participate ............................................................. SB 465

Employment Training; community work programs, PEACH, AFDC recipients HB 136

Family and Children Services; personnel training, child abuse cases

HR 477

Food Stamp or WIC Purchases; exempt from sales tax ...................... HB 1362

Handicapped Children; Department, special services .......................... SB 22

Health Care Data Clearing House; create in Health Planning Agency

HB 1285

Insect Sting Emergency Treatment Act; Department administer ................. SB 5

Juvenile Delinquency Prevention Committee; community alternatives to

detention ..................................... SB 546

Juvenile Felons; eligible, youth development services, case review at age 17 SB 308

Juvenile Proceedings; youth tried as adult, felony cases, custody ............... HB 14

Medicaid; eyeglass program, urge use of in-state provider ..................... SR 197

Medicaid; nursing homes, semiprivate, supplemented private rooms

HB 1330

Pregnant Women; cost of indigent emergency care, duties of department

HB 487

Public Assistance; no deduction, job training income, summer program jobs HB 2001

Roadhouses, Public Dance Halls; delete inspection requirements ............. HB 1359

Substance Abuse Service Programs, Councils; establish ...................... HB 1385

HUNNICUTT, WILLIAM OLIVER; Commend................................ SR 381

HUNTING (Also See Game and Fish) Safety Course Study Committee............................................ SR 423

HUSSARS OF SAVANNAH; Commend ...................................... SR 282

HUTCHESON, LAMAR; Commend .......................................... SR 454

IDENTIFICATION CARDS; Minors, issued in lieu of driver's license, those under 21 years ...................................................... SB 393
INCOME TAX (Also See Revenue and Taxation) Changed, Corrected Net Income; notification and recoupment provisions ...... HB 1584 Dependent Care Assistance Costs; exclude from net income computation ....... HB 216 Depreciation Allowances, Property; definitions, federal income ................ SB 277 Exemption; elderly persons, certain circumstances............................. HB 12 Federal Taxes; urge deduction of state, local taxes ........................... HR 597 Refunds; debt collection setoff include student loans ........................ HB 1464 Retirement Income; exempt from taxation................................... HB 141 Retirement Income; increase amount excluded from taxation................. HB 1584 State and Federal Returns; request Revenue Commissioner coordinate ......... SR 285
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INDEX

2407

INDEMNIFICATION Asbestos, Hazardous Materials Removal; state liability insurance fund ...... HB 1953 Emergency Medical Technicians; killed, disabled on duty ...................... HR 69 Firemen Indemnification; change definition ................................. HB 1581 Insurance; public officers, school boards, self-insure, risk management pools SB 440 Law Enforcement; firemen, prison guards, medical technicians ................ HR 644
INDIGENT PERSONS Emergency Health Care; requirements, cost provisions, pregnant women ....... SB 132 Employment and Community Help Program, PEACH; AFDC recipients participate .................................................... SB 465 Employment Training; community work programs, PEACH, AFDC recipients . HB 136 Energy Assistance Grants; Headstart Program, urge Congress fund ............ SR 319 Food Stamps, WIC coupons; purchases exempt from sales tax................ HB 1362 Health Care Programs, Funding; urge Governor create Task Force ............ HR 716 Health Care Supply and Financing Study Committee; create .................. SR 394 Housing, Low Cost; multifamily dwellings, definitions ........................ SB 558 Job Training; federal program, urge change income qualifications....... SR 405 Legal Defense; action for damages against attorneys, physicians .............. HB 1818 Nursing Homes; Medicaid, supplemented private rooms ..................... HB 1330 Pregnant Women; emergency care, cost of services ........................... HB 487 Probation; pretrial release, programs, eligibility .............................. SB 192 Public Assistance; no deduction, income from job training, summer program jobs .......................................................... HB 2001 Residential Finance Authority; powers, loans, bonds, programs ................ SB 420
INDUSTRY AND TRADE Commissioner; salary set by law............................................ HB 585 Historic Preservation; economic impact business districts ..................... SR 490
INITIATIVE PETITION; Statutes, constitutional amendments enacted by people ................................................................ SR 30
INMATES (See Corrections or Penal Institutions or Courts)
INSECT STING EMERGENCY TREATMENT ACT; Enact, Human Resources Department, administer .................................... SB 5
INSURANCE African Development Bank; investment in securities authorized ............... SB 144 Agents; fees for services ................................................. .HB 1247 Alcoholism, Drug Addiction Treatment; payment provisions.................. HB 1503 Amend Various Code Provisions........................................... HB 1503 Cancellations, Terminations; notice requirements, unfair practices ............ HB 1503 Casualty Insurers; agreements apportioning risks, approval required ......... SB 553 Casualty, Property Insurers; report reserves and liabilities required ............ SB 384 Commissioner; Comptroller General renamed, change throughout Georgia Code ................................................................. HB 1507 Commissioner; correct title reference, retirement and pensions ............... HB 1508 Counties, Cities; self-insurance programs, risk management pools .............. SB 369 County Education Boards; joint self-insurance pools, risk management ... SB 440 Courts; State Liability coverage for judges, employees .......................... SB 2 Driving Training; Code corrections, information on DUI, insurance ............ SB 441 Emergency Medical Vehicles; local government vehicles, exemption .......... .HB 1526 Fair Access Requirements; extend operation of chapter, annual reports required .............................................................. HB 1538 Farmers' Mutual Fire Companies; maximum loss amounts retained ......... HB 1556
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2408

JOURNAL OF THE SENATE

INSURANCE (Continued)

Foreign, Direct Response, Mail Order Insurers; requirements

HB 272

Governmental Liability Commission; re-create, joint

SR 338

Group Health; continuation of coverage, employment terminated

SB 291

Hazardous Materials Liability Fund; removal of asbestos from

public premises ........................................................ HB 1953

Health Care Data Clearing House; powers and duties

HB 1285

Health Insurance, Group; notice of coverage termination, conversion rights HB 212

Health Maintenance Organizations; regulation as insurers, rates

HB 1748

Health; reimbursement for registered nurse services

SB 381

Health; school teachers, coverage, local boards contribute

SB 443

Homeowners; underwriters, surety insurers

HB 1594

Insurers; reports of reserves and liabilities required .......................... SB 384

Liability; State coverage, lower court judges, employees......................... SB 2

Life Insurance Beneficiaries; renunciation of succession ....................... SB 414

Mail-order Insurers, Out-of-State; requirements .............................. HB 272

Major Medical Policies; other insurers, excess payments allowed

SB 235

Medical Malpractice; judgments, disclosure to Examiners Board

HB 1316

Motor Vehicle; amend various Code provisions, requirements

SB 390

Motor Vehicle; DUI cases, no contest plea, statement of coverage required

SB 462

Motor Vehicle; higher coverage upon DUI conviction .......................... SB 38

Motor Vehicle; insurers, report reserves and liabilities required................ SB 384

Motor Vehicle; Liability, Cost Containment, Availability Joint Study

Committee ......................................................... . . . HR 577

Motor Vehicle; notices, mailing requirements ............................... HB 1541

Motor Vehicle; police officer's coverage, multi-vehicle accidents................ SB 447

Motor Vehicle; proof of insurance required, penalties......................... SB 439

Motor Vehicle; repeal certain proof requirements ............................. SB 64

Motor Vehicle; uninsured motorists, coverage provisions ...................... SB 341

Municipalities; immunity from liability relating to policies purchased

HB 1471

Premium Finance Companies; delivery of cancellation notices ................ HB 1393

Premiums; property, casualty, liability, medical malpractice, reduce rates

HB 1186

Premiums; refund provisions if rates deemed in violation

SB 553

Private Long-term Health Care; study committee, create ..................... SR 314

Property Insurers; agreements apportioning risks, approval required ........... SB 553

Property; homeowners, tire replacement, underwriters, surety insurers ........ HB 1594

Public Officers, Bodies; self-insurance, risk management pools................. SB 440

Rates, Rating Plans; deemed violations, provide premium refunds ............. SB 553

Records Systems on Insurers; rules set with examining board ................ HB 1435

Self-Insurance Programs; counties, cities risk management pools............... SB 369

Taxation; intangible property held in foreign country ....................... HB 1273

Tire Replacement; contract provisions ..................................... HB 1594

Tort Actions; damages, revise provisions, disclosure, periodic payments

HB 1186

Uninsured Motorists; amend various Code provisions......................... SB 390

Waterbeds; rental dwelling, insurance required of tenant ..................... SB 492

Workers' Compensation; group self-insurance funds, municipal agencies

eligible................................................................ HB 1482

Workers' Compensation; independent contractors, study committee, joint ...... SR 438

Workers' Compensation; repayment to providers ............................. SB 161

Workers' Compensation; study committee ................................... SR 446

INTEREST (Also See Banking and Finance) Court Judgments; written contracts, bear interest at rate specified .......... HB 1120 Retail Installment Sales; charges allowed on revolving accounts ............... SB 431
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INDEX

2409

INVESTMENT POOLS; Local government, other approved public bodies may use ................................................................ HB 1349
INVESTMENT TRUSTS; Fiduciaries' authority ............ SB 112
ISAACS, CARL; Relative to Alday family murders............................. HR 461
ISLANDS, CITY OF Incorporate; provide charter ............................................... HB 906 Incorporation; charter .................................................... HB 2071
ISRAEL, STATE OF; Duty-free trade legislation .............................. SR 494
IVEY, CITY OF; New charter ............................................. HB 1960

JACKSON COUNTY

Board of Education; election, school superintendent, continue in force ....... HB 1909

Georgia Bureau of Investigation; jurisdiction, continue in force ............... HB 1912

Industrial Development Authority; continue in force

HB 1911

Motor Vehicle Registration; staggered tag sales ............................. HB 1993

Water and Sewerage Authority; create ..................................... HB 1995

West Jackson Fire District; continue in force ............................... HB 1910

JACKSON, CITY OF

Mayor and Council; election districts, terms, qualifications, vacancies ...

HB 1755

Water and Sewer Authority; create ........................................ HB 1985

JAILERS; Training, certification requirements as peace officers ................ SB 451

JASPER COUNTY Business License Tax; firms in unincorporated areas ......................... SB 573 Commissioners; change compensation ....................................... SB 574 Industrial Development Authority; continue in force ........................ HB 1535

JEFFERSON COUNTY; Ad valorem taxes, early payment discount, continue in force......................................................... HB 1765

JEFFERSONVILLE, CITY OF; Mayor and council, terms of office .......... HB 1740

JEKYLL ISLAND STATE PARK AUTHORITY; Real property inventory, file State Properties Commission ................................ HB 1888

JENKINS COUNTY; Motor vehicle registration, staggered tag sales .......... HB 1828

JENKINS, CONGRESSMAN ED; Introduction ............................. Page 531

JENKINSBURG, CITY OF; Water and Sewer Authority, create ............. HB 1985

JOHNSON, TERRY LAMAR; Compensate ................................. HR 642

JOINT SESSION General Assembly; invite Supreme and Appellate Court justices ............... HR 499 General Assembly; invite Supreme, Appellate Court justices................... HR 457

JONES, ANDREW D. "BEVO"; Probation officer, honoring .................... SR 325

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2410

JOURNAL OF THE SENATE

JUDGES (Also See Courts) Appeals; supersedeas powers, contempt of court, repetitious conduct ... HB 1418 Appellate, Supreme, Superior Courts; Governor appoint, elected after first term ................................................................... SR 398 Bail Bondsmen; judges engaging in business unlawful ................... SB 565 Civil Practice; charge to jury reduced to writing, provisions ................... SB 313 Criminal Cases; power to change sentence, time limitations ................. HB 1154 Federal; urge election, 'Missouri Plan', joint ................................. SR 346 Felony Conviction; suspension from office, no compensation................... HR 506 Firearms; authority to carry, certain cases.................................. HB 1109 Probate Courts; chief clerks, vacancies, qualifications, certain counties ........ HB 1246 Probate Court; service as magistrate, salary .............................. SB 73 Superior and State Courts; delete nonpartisan elections ...................... SR 182 Superior Court Judges Retirement; creditable service......................... SB 103 Superior Court Judges Retirement; spouse's benefits ......................... HB 397 Superior Court Judges Retirement; spouse's benefits ......................... SB 174 Superior Court Judges Retirement; spouse's benefits ......................... SB 180 Superior Court; change mandatory retirement age to 75 ...................... HB 355 Superior Courts; reimburse education expenses, secretaries' salaries ......... HB 1696 Superior Courts; secretaries, salary scale .................................... SB 561 Trial Judges; carry concealed weapon without license. ........................ SB 590
JUDGMENTS Interest Rate; judgment on written contracts bear rate specified.............. HB 1120 Uniform Enforcement of Foreign Judgments Law ............................ SB 164
JUDICIAL CIRCUITS Appalachian Circuit; change terms in Fannin, Gilmer, Pickens Counties....... HB 1589 Augusta Judicial Circuit; additional judge ................................... HB 182 Chattahoochee Circuit; district attorney, salary, add two assistants ........... HB 1457 Cherokee Circuit; Assistant District Attorney, compensation ................. HB 1744 Cherokee Circuit; investigator, compensation ................................ HB 637 Clayton Circuit; district attorney, salary supplement ........................ HB 2038 Clayton Circuit; judges, salary supplement ................................. HB 2032 Cobb Circuit; district attorney, investigators, salary ......................... HB 1963 Cobb Circuit; judges, retirement payments .................................. SB 285 Cobb Circuit; judges, salary supplement..................................... SB 373 Court administrator; employment provisions .................................. SB 24 Dougherty Circuit; superior court judges, county supplements ................ HB 2025 Eastern Circuit; judge pro hac vice, continue in force ....................... HB 1562 Law Clerks; compensation .................................................. SB 83 Lookout Mountain Judicial Circuit; additional judge ......................... HB 335 Mountain Circuit; district attorney's investigator, compensation ............. HB 2009 Mountain Circuit; change superior court terms .............................. SB 539 Northeastern Circuit; additional judge ...................................... SB 186 Piedmont Circuit; additional judge ......................................... SB 264 Stone Mountain Circuit; additional judge .................................. HB 1156 Western Circuit; certain staff positions permanent, Clarke County ............ HB 1661
JUDICIAL COUNCIL Child Sexual Abuse; urge restitution order reports ........................... HR 476 Rules, notice to General Assembly prior to adoption ........................ HB 1227

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INDEX

2411

JURIES (Also See Courts) Civil Practice; jury charges in written form.................................. SB 313 Composition, Procedure; superior and state courts ............................ SB 48 Grand; counties, certain inspection duties not required ...................... HB 1233 Grand; statewide investigative powers, drugs and RICO Act violations ......... SB 426 Jury Duty; court attendance, penalty for absence from work unlawful. ......... SB 314 Jury Duty; employers required to continue pay .............................. SB 398 Jury Duty; exemption for women breast feeding a child ..................... HB 1544 Jury Duty; subpoenaes, employer action against employee unlawful........... HB 1327 Peremptory Challenges, Strikes; change provisions ........................... SB 358
JUVENILE JUSTICE COMMISSION; Create to study juvenile justice system ................................................................... SB 203
JUVENILE JUSTICE EQUALIZATION TASK FORCE; Membership, duties ................................................................... SB 222
JUVENILE PROCEEDINGS (Also See Courts or Minors) Abortion; requested by minor, parental notification .......................... HB 310 Capital Crimes, Juveniles; court jurisdiction, procedures ...................... SB 323 Capital Felonies; age of responsibility, study committee, create ................ SR 411 Child Custody; notification of change of residence .......................... HB 1200 Death Penalty Case; offender under 18 years, procedure prior to sentencing .SB 468 Delinquency Prevention Committee; community alternatives to juvenile detention .................................. SB 546 Detention Hearings; deprived child petition, time for filing ................... SB 309 Felons; eligible for youth development services, case review at age 17 ....... SB 308 Loitering; minors in public, unlawful certain hours, parent liable ............. HB 1249 Probation Workers; state subsidy to employ, certain counties .............. SB 222 Traffic Offenses; juveniles under 17, jurisdictions, procedures.................. HB 540 Traffic, Waterways Offenses; jurisdiction, definitions, transfers ................ SB 351 Youth Development Centers; delinquents, study committee, create. ............ SR 526 Youth Tried as Adult; felony cases, custody .................................. HB 14

K

KAHN, ROGER F.; American Jewish Award, commend .................... SR 482

KAUFMANN, DR. JAMES; Doctor of the Day program ...................... Page 14

KENNESAW, CITY OF Corporate limits; change .................................................. HB 1937 Corporate limits; related matters .......................................... HB 1936

KIDD, CULVER, MEDICAL AND SURGICAL BUILDING

Commend; designation in honor ............................................ SR 484

Designate

................................. SR 361

KIDD, DOTTIE BALDASSARO; Commend ....................... SR 498

KING, DON; Boxing promoter, commend ................. SR 284

KING, STEVEN; National 4-H Championship, commend. ......... SR 305

KINGSLAND, CITY OF; Development Authority, continue in force .......... HB 1546

LABOR AND INDUSTRIAL RELATIONS (Also See Employment Security or Workers' Compensation) Arbitration; construction contracts, extend to cover all contracts .............. SB 539
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2412

JOURNAL OF THE SENATE

LABOR AND INDUSTRIAL RELATIONS (Continued)

Carnival Ride Safety Act; enact, advisory board, amusement ride safety ....... SB 536

Employees; unlawful penalize for absence due to court attendance

SB 314

Employers; action against employee subpoenaed, or on jury duty unlawful HB 1327

Employment Security; compromise of payment disputes, reports .............. SB 471

Employment Security; nonprofit organizations, bonds, deposits

SB 473

Employment Security; public opinion interviewers, student part-time

.SB 584

Employment Security; waiver of interest on unpaid taxes, reports ............. SB 470

Hazardous Chemical Right to Know Act; disclosure requirements.............. HB 206

MARTA Employees; wages, benefits, arbitration, no strikes .................. HB 1204

Records of Agencies Regulated by Department; requirements, disclosure

SB 472

Workers' Compensation; group self-insurance funds, define, eligible local

units ................................................................. HB 1482

Workers' Compensation; hearings, dismissal procedures ....................... SB 162

Workers' Compensation; independent contractors, study committee ............ SR 438

Workers' Compensation; insurance reform, study committee, create ............ SR 446

Workers' Compensation; newspaper distributors, exclude from coverage ........ SB 555

Workers' Compensation; repayment to insurance providers.................... SB 161

Workers' Compensation; time for payment of benefits ........................ SB 163

LABORATORY TECHNICIANS; Clinical laboratory science practitioners, licensure ................................................................. SB 403

LAGRANGE, CITY OF; Downtown Development Authority, change limits of district ................................................................ SB 593

LAKE LANIER ISLANDS DEVELOPMENT AUTHORITY; Venue of actions, Superior Court of Hall County .................................. HB 1835

LAND SALES ACT; Subdivided land sales, revise law, Real Estate Commission, powers...................................................... HB 1343

LAND TRANSACTIONS; Condominiums, residential sales, executed documents to buyer ....................................................... SB 537

LANDLORD AND TENANT

Dispossessory Proceedings, notice required, foreclosure sales

SB 476

Mobile Home, Trailer, Transportable Housing; removal upon dispossessory

writ .................................................................. HB 1931

Television; cable service to multiple-unit dwelling residents

SB 300

Waterbeds; landlord may not prohibit, insurance required of tenant ........... SB 492

LANDSCAPE ARCHITECTS; Licensing provisions, continue State Board HB 1236

LANGLEY, SHARON; Peach Bowl Queen, commend

.... SR 374

LANGUAGE; English; designate official state language ........................ HR 717

LANIER COUNTY: Lakeland-Lanier County Charter Commission, create HB 1971

LAURENS COUNTY; Education Board, election districts, residency ...... HB 1132

LAW CLERKS; Superior courts, reimbursement to counties for salaries ......... SB 83

LAW ENFORCEMENT OFFICERS AND AGENCIES Agriculture; infectious livestock, enforcement powers ....................... HB 1172 Appreciation Day; Monday, February 10, 1986, recognize ..................... SR 337 Arrest powers; family violence, persons living together....................... HB 1447 Arrest; peace officers, use of deadly force provisions, felons, escapees ......... HB 1363 Bail Bondsmen; peace officers engaging in business unlawful .................. SB 565

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INDEX

2413

LAW ENFORCEMENT OFFICERS AND AGENCIES (Continued)

Boat Safety; blood tests for alcohol, drugs................................... SB 316

Child Abuse, Sexual Abuse Cases; professional training development........... HR 477

Compensation; local officers, study committee, create ......................... SR 453

Coroner Duties; probate judge may designate peace officer to perform

SB 576

Correctional Institutions; warden deputize employees......................... SB 436

Domestic Relations Court Order; arrest powers for contempt.................. SB 181

Drug Cases; reports to local governments on proceeds of forfeited property HB 1365

Firemen; employment applicants, criminal record check ...................... SB 391

Impersonating Peace Officer; criminal penalties

HB 1341

Indemnification Program; create for officers, prison guards .................... HR 644

Insurance; motor vehicle, police officer's coverage

SB 447

Jailers; training, certification requirements as peace officers ................... SB 451

Law Enforcement Vehicles; size of letters marking ........................... HB 466

Missing Children Information Center; create within GBI..................... HB 1263

Motor Vehicles, Uninsured; officers' powers and duties ....................... SB 390

Officers; injured in line of duty, salary while recuperating..................... SB 322

Peace Officer Standards and Training Council; create incentive pay plan ....... SB 544

Peace Officers'; minimum salaries, certain cases .............................. SB 480

Peace Officers' Benefit Fund; increase annuity payments, disability benefits HB 365

Pistol Licenses; fees for cost of FBI fingerprint search....................... HB 1162

Post-Mortem Examination Act; duties at death scene ........................ SB 190

Resisting Arrest; violence to, obstructing, punished as felony................. HB 1320

Resisting Officer with Violence; punished as felony........................... SB 362

Retired Officers; authorized to carry pistols in public buildings ................ HB 889

Salaries, Training; local, revenue sharing funds, study committee .............. SR 323

Salaries, Training; revenue sharing funds, study committee, joint.............. SR 324

Salary Incentive Study Committee; recreate ................................. SR 365

School Buses; violation reporting procedures................................ HB 1347

School Security Personnel; powers, change population figures ................. HB 568

Sheriffs; minimum salaries ................................................. SB 419

Sheriffs; qualifications, in-service training ................................... HB 344

State Patrol Disciplinary Board; change composition ......................... HB 460

State Patrol Employees; continue service after age 55 ........................ SB 304

State Patrol Recruits; peace officer authority, clothing allowance ............. HB 1843

Traffic Regulations; enforcement on private roads in coastal areas ............. SB 417

LAWRENCEVILLE, CITY OF; New charter .............................. HB 1941

LAWSUITS Court Motions, Pleadings; attorney signature attests good faith, sanctions ...... SB 385 Frivolous Court Actions; attorney's fees and expenses awarded ................ SB 371 Frivolous Court Actions; attorney's fees, court costs, appeals ................ HB 1146

LEAVY, CARL F.; Commend ................................................ SR 504

LECHASNEY, DR. CHARLES; Callan Castle, commend

........ SR 510

LEGISLATIVE BUDGET OFFICE; Commend ................. SR 540

LEGISLATIVE EDUCATIONAL RESEARCH COUNCIL Abolish ................................................................ .HB 1653 Restructure as House Research Council .................................... HB 1127

LEGISLATIVE OVERVIEW General Assembly; veto of proposed State agency rules ........................ SR 46 Judicial Council; notice to General Assembly prior to rule adoption ......... .HB 1227 Metropolitan River Protection; administrative rule changes ................... SB 317

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2414

JOURNAL OF THE SENATE

LEGISLATIVE OVERVIEW (Continued) Occupational Regulation Review Law; General Assembly duties ............... HB 850 State Agency Rules; General Assembly override.............................. SB 406
LEGISLATIVE RETIREMENT SYSTEM Abolish 1986 ............................ SB 143 Creditable service ......................................................... SB 105 Increase benefits .......... SB 120
LENDER CREDIT CARD ACT; Credit cards, decrease finance charges allowed on loan accounts .................................................. SB 432
LIABILITY OF GOVERNMENT; Governmental Liability Commission, re-create, joint............................................................ SR 338
LIBEL ACTIONS; Publications, retractions, evidence ......................... SB 77
LIBERTY COUNTY Commissioners; election districts .......................................... HB 1239 Education Board; election districts ........................................ HB 1237 School Superintendent; appointed by education board ....................... HB 1238
LICENSE PLATES (Also See Motor Vehicles or Staggered Tag Sales) County Name Decals; requirements, fees ................................... HB 1357 Emergency Medical Services; additional fee charged to support ............... SB 399 Firefighters; special issue ................................................. HB 1212 Special; Fort Valley State College ..................... SB 423 Special; Georgia Southern, West Georgia, Albany State Colleges.............. HB 1444 Special; Georgia State University, Morris Brown College..................... HB 1384 Special; Georgia Tech Centennial, extend issuance time ..................... HB 1360 Special; Macon Junior, Mercer, Morehouse, Valdosta State Colleges ........... SB 484 Special; Morris Brown College ............................ SB 560 Special; Savannah State College ............................. SB 424 Special; University of Georgia, extend time ................................. HB 1500 Special; Wesleyan College founding ........................................ HB 1258 Special; Young Harris College .............................................. SB 293 Spouse of Deceased Prisoner of War; special license plate ................... HB 1105 Staggered Tag Sales; authorized in counties by local law ................... .HB 1317 Staggered Tag Sales; authorized, counties over 100,000, decals ................. SB 97 Staggered Tag Sales; authorized, prorated fees................................ SB 96
LIE DETECTOR TESTS; Polygraph instruments, unlawful uses .............. SB 329
LIENS Mechanics', Materialmen's; real estate, maximum recovery amounts ........... SB 388 Property; court clerk record name and address when filing..................... SB 66
LIFE IMPRISONMENT SENTENCE Parole; eligibility limited, certain cases....................................... SB 49 Parole; prohibitions ........................................................ SR 83
LINCOLN COUNTY HIGH SCHOOL FOOTBALL TEAM; Commend .......... SR 379
LINCOLN COUNTY Commissioners; composition, elections, terms, districts, county attorney ....... HB 1731 Education Board; elections, districts, vacancies, referendum .................. HB 1730 Tax Commissioner; compensation, expenses ................................ HB 1728 Tri-County Water Authority; create ....................................... HB 1729
LITTLE, ANDREA T.; Commend............................................ SR 439

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INDEX

2415

LIVING WILLS Effective date; change form ............................................... HB 1352 Revocation provisions; define form ......................................... SB 444

LOANS (Also See Banking and Finance) Education; National Guard members, eligibility ............................. HB 1446 Farms; certain loan programs, development authority requirements .......... .HB 1376 Student; income tax refunds, debt collection setoff for payment .............. HB 1464

LOBBYISTS; Registered ..................... Pages 80, 122, 292, 521, 836, 1137, 1540

LOCAL ACTS; Secretary of State, mail copy to locality affected ............... HB 787

LOCAL GOVERNMENT (Also See Counties or Municipalities)

Airport Noise; APDCs study, authorized by local government ................ HB 1203

Alcoholic Beverage Sales; municipalities, powers, requirements .............. .HB 1579

Alcoholic Beverages; unlawful transportation, seizure in any county

..... SB 356

Annexation; by municipality across county lines, approval required ............ SB 533

Annexation; cities with independent school system, procedures ................ SB 328

Annexation; cities with independent school systems, definitions, revisions ..... SB 380

Annexation; municipalities, landowners petition, Atlanta exemption ....... SB 150

Appropriation; to State Development Authority for local loans ............... HB 1140

Asbestos, Public Buildings; state agency assist removal hazardous materials . . . HB 1952

Atlanta; redevelopment areas, contracts ..................................... SB 583

Audits; change certain requirements ........................................ SB 228

Audits; requirements, procedures relating to state grants, federal audits........ HB 858

Bond Issues; street improvements, cities over 150,000, continue in force....... HB 1618

Bonds; issued to finance certain public facilities .............................. SR 92

Coastal Counties; zoning procedures, advisory boards......................... HB 911

Counties; business license fee, tax, levy in unincorporated areas ............... HB 477

Counties; civil service system created by local ordinance .................... .HB 1193

Counties; governed by single commissioner, minimum annual salary ........... HB 453

Counties; ordinance violations, magistrate court powers....................... SB 355

Counties; tax assessors boards, new homeowners, ad valorem tax penalties .... HB 1785

County Commissioners; provisions for filling of vacancies ..................... SB 422

County Surveyors; private practice prohibited without State license ........... SB 348

Debt; authorized to incur short-term indebtedness, referendum................. SB 28

Debt; counties, cities, limited short-term debt, certain cases.................... SR 12

Development Districts; create, provide procedure ............................ HR 718

Drug Cases; law enforcement reports on proceeds of forfeited property........ HB 1365

Elected Officials; indicted, convicted, suspension and salary provisions ....... .HB 1287

Emergency Medical Services; assess vehicle license fee, CA ................... SR 317

Emergency Medical Vehicles; exempt from insurance requirements,

certain cases........................................................... HB 1526

Eminent Domain; property condemnation, boundary limits, CA ............... SR 358

Environmental Facilities Authority, Georgia; grants, loans, bonds ............ .HB 1142

Handicapped Parking; enforcement authority ................................ SB 343

Hospital Authorities; property sales, local referendum ......................... SB 56

Insurance; counties, cities, joint programs, risk management pools ............. SB 369

Investment Pools; approved public bodies may use .......................... HB 1349

Law Enforcement Programs; revenue sharing funds, study committee .......... SR 323

Local Acts with Referendum Requirements; Secretary of State mail copy ...... HB 787

Metropolitan APDC; regional public projects, operating expenses ............. HB 1293

Municipal Courts; establish, authority, jurisdiction, powers................... HB 1476

Municipal Ordinances; criminal trespass merchants parking areas.......... HB 1433

Municipalities; immunity provisions, liability insurance ...................... HB 1471

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2416

JOURNAL OF THE SENATE

LOCAL GOVERNMENT (Continued)

Municipalities; local law to repeal charter, county succeed to powers.......... HB 1572

Municipalities; officials, four-year terms set by ordinance ......... SB 3

Prison Inmate; death without physician, notification to GBI .................. SB 217

Property Boundary Processioning; procedures ............................... SB 325

Public Officials; vacancies in office, procedures.............................. HB 1501

Public Property; causes of action, proceedings, judicial relief ................. HB 1742

Public Safety Officers; compensation study committee, create ................. SR 453

Public Works Contracts; counties of 550,000, bid provisions.................. HB 1340

Railroad Crossing; closed, relocated, prior public hearing, notice............... SB 466

Railroad Crossings, Relocation; prior public notice ........................... HB 123

Residential Housing; Mortgage Subsidy Bond Act, repeal on federal action

SB 580

Retirement Systems; investment of funds, conditions, powers ................ HB 1684

Revenue Sharing; law enforcement programs, study committee, joint........... SR 324

Rezoning; official with certain interests, disclosure ........................... HB 618

Road, Street Improvement Authorities; create by local referendum ........... HR 662

Sales Tax; local option to finance public facilities ............................. SR 25

Sales Tax; special purpose county, change provisions, include sewer projects. HB 1469

Speed Limits; change for certain county, city roads .......................... SB 453

Superior Court Clerks; counties reimburse, training expenses .....

HB 1368

Tax Collectors, Counties; payment, reports of collections ..................... SB 209

Television; cable franchise licensing, repair service ........................... SB 300

Urban Residential Finance Authority, Atlanta; powers, loans, bonds ......... HB 1210

Water Pollution Control; state, federal funds to aid local units ............... HB 1280

LOCKHEED-GEORGIA COMPANY; Commend............................... SR 532

LOITERING; Minors, unlawful certain hours, penalties, parent liable ...... HB 1249

LOOKOUT MOUNTAIN JUDICIAL CIRCUIT; Additional judge

HB 335

LOST MOUNTAIN SCENIC HIGHWAY; Designate, Cobb County ......... .HR 472

LOTT, LYN; Professional golfer, commend ................................... SR 318

LOTTERIES Charitable Organization Prize Giveaways; lawful, certain cases ................ SB 559 Promotional Giveaway or Contest; redefine, regulate ........................ HB 1439

LOUISVILLE, CITY OF; Bicentennial celebration........................... SR 468

LOWNDES COUNTY; Property conveyance, for roadside park and waste disposal area ............................................................. HR 586

LOWREY, SIDNEY R., SR., MEMORIAL BRIDGE; Designate

HR 591

LUCAS, JILL; Clayton County Teacher of Year, commend ..................... SR 536

LUMPKIN COUNTY; Motor vehicle registration, staggered tag sales, referendum.............................................................. HB 2061

LYONS, CITY OF; Recorder's Court, appeals ............................. .HB 1509

M

MACON CHERRY BLOSSOM FESTIVAL; J. Alan Neal, introduction

Page 256

MACON JUNIOR COLLEGE; Commemorative motor vehicle license plates . . . SB 484

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INDEX

2417

MACON, CITY OF

Farmers' Market; easement for AT&T lightguide cable ...................... HR 514

Macon-Bibb Consolidated Government; provide

HB 734

Macon-Bibb County Board of Health; regulations, continue in force

HB 1884

Macon-Bibb County Consolidation; continue in force

HB 1886

Macon-Bibb County Industrial Authority; continue in force

HB 1885

Macon-Bibb County Transit Authority; board members, insurance

HB 1816

Macon-Bibb County Urban Development Authority; continue in force

HB 1902

Redevelopment Powers; referendum ....................................... HB 1987

Tax; preferential assessment revitalized property, continue in force

HB 2058

Zoning and Planning Rules; continue in force............................... HB 1883

MADDOX, LESTER G.; Portrait in capitol building ......................... SR 491

MAGISTRATE COURTS

Amend various Code provisions ............................................ SB 340

Constables; minimum age 21 years ........................................ HB 1220

County Ordinance Violations; jurisdiction, powers ............................ SB 355

Default Judgments; appeals procedure ...................................... SB 247

Default Judgments; appeals provisions ..................................... HB 1333

Default Judgments; relief procedures ....................................... SB 248

Magistrate Court Judges Council; create ................................... HB 1414

Magistrates; private law practice provisions ................................. SB 475

Magistrates; private law practice restrictions................................. HB 651

Municipal Court Services; county contracts, magistrate court provide

HB 1477

Postjudgment Discovery; interrogatories, certain cases ........................ SB 239

Probate Judge; service as magistrate, salary .................................. SB 73

Sheriffs Retirement Fund; fee charged for civil actions to fund ............... HB 318

MALPRACTICE (See Medical Malpractice or Physicians)

MANDELA, NELSON; South Africa, urge release ............................. HR 502

MANLEY, TAYLOR BUTTRILL; Condolences ............. SR 393

MARIETTA, CITY OF Annexation provisions ..................................................... SB 328 Annexation; change limitations ............................................. SB 229 Annexation; deannex certain property ...................................... SB 107 Annexation; definitions, limitations ......................................... SB 380 Bonded Indebtedness for Education; continue in force....................... HB 1769 Cobb-Marietta Coliseum and Exhibit Hall Authority; membership, bonding limits ......................................................... HB 2012 Corporate Limits; deannexation ........................................... HB 1935 Councilmen; qualifications, municipal court, probation office ................. HB 1934 Deannex; certain property from city ........................................ SB 452 Deannexation; certain property............................................. SB 324 Downtown Development Authority; continue in force........................ HB 1771 Downtown Development Authority; enlarge district ......................... HB 1840 Homestead Exemption; ad valorem taxes, referendum ....................... HB 1786 Utilities; operation and financing, continue in force .......................... SB 557 Water Authority; bonding limits, compensation, vacancies, bids .............. HB 1898 Water, Sewer and Electric Systems; bonds, continue in force................. HB 1772

MARINE FACILITIES; Private membership, cancellation rights .............. SB 433

MARION COUNTY Commissioners; elections, districts, terms, referendum ....................... HB 2024 Education Board; elections, referendum .................................... HB 2023

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2418

JOURNAL OF THE SENATE

MARRIAGE LICENSES Fees; Children's Trust Fund, receive portion of fees charged .................. SB 401 Fees; portion fund Children's Trust Fund, CA ............................... SR 320

MARRIAGE (See Domestic Relations)

MARSHALLVILLE, TOWN OF; City ordinances, fines for violations

HB 1459

MARTA Bus Advertising, Exterior; urge implement program .......................... HR 840 Columbus to Atlanta Rapid Transit System; create study committee........... SR 360 Employees; wages, benefits, arbitration, no strikes........................... HB 1204 Overview Committee, MARTOC; extend to 1990............................. HR 515 Property Lease Income; deemed transit operating revenue .................... SB 494 Repeal Wage and Benefit Limits; non-union employees ...................... SB 187

MATHIS, PHILIP BRUCE; Police officer, condolences...................... SR 286

MATTINGLY, U.S. SENATOR MACK; Introduction ........................ Page 584

MAYORS' DAY; January 20, 1986 .......................................... SR 315

McCARTER, CARRIE LOU; Commend ................................... SR 485
MCCLELLAND, RUTH H.; Commend........................................ SR 501

McDANIEL, DR. CHARLES; School Superintendent, remarks ............... Page 1217

McDANIEL, DR. CHARLES; School Superintendent, condolences .............. SR 539

McDUFFIE COUNTY; Tri-County Water Authority, create .................HB 1729

McGILL, SAM P., EXHIBITION BUILDING; Designate

HR 691

McNEILL, DR. A. A.; 1985 Family Physician, commend........................ SR 401

MEDICAID (See Medical Assistance)

MEDICAL ASSISTANCE Commissioner; salary set by law............................................ HB 585
Health Care Data Clearing House; powers and duties ....................... HB 1285 Indigent Health Care Funding, Task Force; urge Governor create ............. HR 716
Low-Income Energy Assistance; urge Congress fund block grants .............. SR 319 Medicaid Eligibility; nursing home resident, homestead exempt ............... SB 198 Medicaid Eyeglass Program; urge use of in-state providers .................... SR 197
Medicare and Medicaid Providers; recognize................................. SR 234 Nursing Homes; semiprivate, private room supplements, provisions ........... HB 1330

MEDICAL EXAMINERS (Also See Coroners) Dead Bodies; duties at scene of death, autopsy fees .......................... SB 190
State Board; reorganize, powers, duties, disciplinary action on physicians....... SB 497 State Board; urged investigate malpractice complaints, discipline physicians .... SR 382

MEDICAL MALPRACTICE Insurance; premiums, casualty, liability, property ........................... HB 1186
Insurers Records; liability settlements, report to examining boards............ HB 1435 Insurers; reports of reserves and liabilities required .......................... SB 384
Judgments; licensee reviewed by Board, repeal Naturopathy Code ............ HB 1316
Medical Examiners Board; duties, disciplinary powers, physicians ............. SB 497 Potential Action; limitations, appointment of guardian by probate court ....... SB 459 Urge State Board Investigate; discipline physicians........................... SR 382

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INDEX

2419

MEDICAL PRACTICE (Also See Physicians or Professions and Businesses)

Chiropractors; change scope of practice ..................................... HB 156

Hospital Privileges Denied, Revoked; records, examining boards

HB 1435

Medical Examiners Board; breast cancer booklet, distribution

HB 615

Medical Profession; committee to study separate regulatory board

SR 421

Respiratory Care Practices Act; licensing ..................................... SB 32

Surgical Treatment; informed consent, patient's rights

SB 128

MENTAL HEALTH

Amend Code; treatment procedures, inpatient, outpatient, emergency

SB 318

Facilities Staffing Study Committee, Joint; create .............................. SR 8

Gracewood School, Hospital; redesignate, Norman B. Pursley Center

HR 524

Guardian, Adult Ward; estate planning, disposition of property authorized HB 493

Medical Information; released as evidence, procedures

HB 962

Repeat Patients; hospitalization, treatment, procedures

SB 153

Retardation and Developmental Disabilities; separate state agency............. SB 176

Retarded Persons; emergency treatment, evaluations, habilitation

SB 152

State Employees Counseling Assistance Program; establish

SB 418

Substance Abuse Service Programs; establish within Human Resources

HB 1385

MERCER UNIVERSITY; Commemorative motor vehicle license plates........ SB 484

MERIT SYSTEM

Child Care Facilities for State Employees; establish pilot project .............. SB 306

Commissioner appointed by State Personnel Board ............................ SB 1

Commissioner; salary set by law ............................................ HB 585

Counseling Assistance Program; establish for state employees ................. SB 418

General Assembly review rules and regulations .............................. SB 145

Health Boards; Fulton and DeKalb, unclassified service positions

HB 1152

Interdepartmental Transfers; procedures, definitions ......................... HB 788

Retirement; duties relating to computing unused leave credit

SB 225

Unclassified Service; Personnel Board approve ................................. SB 8

MERIWETHER COUNTY Development Authority; continue in force .................................. HB 1290 Education Board and School Superintendent; continue in force ............. .HB 1289 Rapid Transit System; Columbus to Atlanta feasibility study, create........... SR 360

METROPOLITAN AREA PLANNING AND DEVELOPMENT (See Development Authorities or Authorities)

METROPOLITAN RIVER PROTECTION ACT; Application requirements, legislative overview of rule changes ......................................... SB 317

METTER-CANDLER COUNTY AIRPORT AUTHORITY; Create

HB 1880

MICROFORM RECORDS; State Records Committee, set standards........... SB 352

MILITARY AFFAIRS (Also See Veterans)

DUI Cases; military personnel, judge's power, driver improvement clinics

SB 18

Emergency Management; deputy director, executive director .................. HB 693

Employees' Retirement System; service credit, limitations ................... HB 1592

Homestead Tax Exemption; disabled wartime veterans ....................... HB 509

Military Draft; student ineligible for state aid unless registered ............... HB 969

Military Draft; student ineligible for state aid unless registered

SB 402

National Guard Member; education loans .................................. HB 1446

State Defense Force; change name of Georgia State Guard.................... HB 565

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2420

JOURNAL OF THE SENATE

MILLEDGEVILLE, CITY OF Change corporate limits ................................................... SB 367 City Officials; dismissal provisions, terms of office ............................ SB 117 Property Conveyance....................................................... SR 10 Property Conveyance....................................................... SR 96 Property Conveyance; First Presbyterian Church lease ....................... SR 357
MILLER COUNTY Education Board; districts ................................................ HB 1761 Seaboard System Railroad; protest closing, Lynn-Cuthbert segment............ SR 294 State Court; judge and solicitor salary ..................................... HB 1762
MILLER, LIEUTENANT GOVERNOR ZELL; Commend ...................... SR 469
MILLSAPS, MARTHA; Compensate ...................................... .HR 520
MINORITY BUSINESSES; Small Businesses in Georgia Study Committee, create.................................................................... SR 291
MINORS Abortions; request by minor, parental notification............................ HB 310 Adoption of Children; grandparents rights................................... SB 395 Adoption of Children; grandparents visitation rights, exceptions .............. HB 1643 Adoption; foreign children, clarify release provisions. ....................... .HB 1211 AFDC Payments; no deduction, income from job training, summer program jobs ..................................................................HB 2001 Alcoholic Beverages; minors, consumption in home, change drinking age to 21 HB 1532 Anatomical Gifts; regulations, permission of guardians....................... HB 1334 Capital Crimes; Juveniles; court jurisdiction, procedures, transfers ............. SB 323 Capital Felonies; age of responsibility, study committee, create ................ SR 411 Child Abuse and Neglect Prevention Act; Children's Trust Fund Commission . . SB 413 Child Abuse and Neglect Prevention Act; create Children's Trust Fund ........ SB 401 Child Abuse Prevention; create Children's Trust Fund, CA ................... SR 320 Child Abuse Prevention; create Children's Trust Fund, CA ............ SR 330 Child Abuse, Sexual Abuse; criminal justice personnel training ................ HR 477 Child Care; Headstart Program, urge Congress fund block grants.............. SR 319 Child Custody Proceedings; parents may present agreement to court........... HB 377 Child Custody; change of residence, court notification ....................... HB 1200 Child Custody; interstate interference after visitation rights.................. HB 1794 Child Custody; visitation rights of noncustodial parents ..................... HB 1551 Child or Sexual Abuse Victims; urge courts order restitution .................. HR 476 Child Support; alimony, time provisions, revision of judgment ................ SB 211 Child Support; enforcement, garnishment, insurance, foster care............... SB 241 Child Support; modifications due to changed status .......................... SB 445 Child-Care Agencies, Facilities; licensing, restrictions ........................ HB 1225 Child-Care Facilities; emergency powers, monitors, resident relocation ........ HB 1262 Children's Programs; supervisory personnel, criminal record check ............ HB 1261 Day Care Centers; family and group, licensing ............................... SB 404 Death Penalty Case; offender under 18 years, procedure prior to sentencing .... SB 468 Death Penalty; sentence prohibited, persons under 18 years of age ........... SB 361 Delinquency Prevention Committee; community alternatives to juvenile detention ....................................................... SB 546 Detention Hearings; deprived child petition, time for filing ................... SB 309 Education; screening, remedial programs, children under 5 years ............... SB 80 Employment Training; community work programs, PEACH, Human Resources administer .................................................... HB 136
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INDEX

2421

MINORS (Continued) Family Violence; arrest, crime where persons live together ................... HB 1447 Guardian; sale of ward's property, service on guardian if ward under 14 .... HB 1571 Handicapped Preschool Children; urge development programs................. SR 281 Handicapped; Human Resources Department, special services .................. SB 22 Handicapped; special education services...................................... SB 21 Hearsay Evidence; child testimony on sexual, physical abuse allowed .......... HB 289 Identification Cards; issued in lieu of driver's license, form ................... SB 393 Infantile Autism Syndrome; urge adopt uniform diagnostic criteria ............ SR 416 Job Training; federal program, urge change family income qualifications ....... SR 405 Loitering, Public Places; unlawful certain hours, penalties ................... HB 1249 Missing Children Information Center; create within GBI..................... HB 1263 Open Bed Trucks; persons under 16 prohibited from occupying ............... SB 321 Parental Rights; termination provisions ..................................... HB 175 Personal Care Homes; criminal record check fees, establish .................. HB 1420 School Disciplinary Tribunals; exempt primary grade children ............... HB 1561 Seat Belts in Motor Vehicles; requirements. ................................. SB 485 Sexual Exploitation; reports by print medium processors .................. SB 79 Traffic and Waterways Offenses; juveniles, penalties, procedures.............. SB 351 Youth Development Center Services; juvenile felons, eligibility ................ SB 308 Youth Development Centers; delinquents, study committee, create. ............ SR 526

MISSING CHILDREN INFORMATION CENTER; Create within GBI HB 1263

MISSOURI PLAN; Federal judges election, urge, joint ....................... SR 346

MITCHELL COUNTY; Education board, appoint school superintendent

HB 1510

MITCHELL, HENRY; 1985 GOAL Award, congratulate ...................... SR 362

MITCHEM, HONORABLE HINTON Commend ........................................................... SR 428 Alabama Senator; introduction .......................................... Page 1582

MOBILE HOMES (See Housing)

MONROE COUNTY Grand Jury; arbitrate county disputes, continue in force..................... HB 1529 Industrial Development Authority; continue in force ........................ HB 1752

MOORE, CATHERINE A.; Commend ..................................... SR 343

MOREHOUSE COLLEGE; Commemorative motor vehicle license plates....... SB 484

MORGAN COUNTY; Business License Tax, unincorporated areas............ HB 1588

MORRIS BROWN COLLEGE License Plates; issuance ................................................... SB 560 License Plates; special.................................................... HB 1384

MORRIS, COACH JIM; Introduction....................................... Page 839

MORTGAGES (Also See Property) Deed to Secure Debt; cancellation procedures ............................... HB 840 Residential Finance Authority; powers, bonds, low cost loans. ................. SB 420 Residential Housing Bonds; Mortgage Subsidy Act, repeal after federal action . . SB 580

MOSS, JACK; Meldrim civic leader, condolences .............................. SR 473

MOTOR CARRIERS Public Service Commission; approval of debt, exempt from requirements....... SB 496 Public Service Commission; regulations, registration, licenses, permits......... HB 1487

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2422

JOURNAL OF THE SENATE

MOTOR FUEL TAX; Consolidated governments, levy for public facilities, referendum............................................................... SB 265

MOTOR VEHICLES AND TRAFFIC

Accidents; duties of drivers ................................................. SB 89

Alcoholic Beverages in Motor Vehicles; consumption, open containers unlawful HB 414

Alcoholic Beverages; unlawful transportation, seizure in any county

SB 356

Certificate of Title; change certain signature, records requirements ........... HB 1335

Certificate of Title; transfer under decedent's will, procedures................. SB 331

Criminal Trespass; merchants parking area, cruising in vehicles, fines

HB 1433

Dismantlers, Rebuilders, Salvage Dealers; out-of-state buyer's card .......... HB 1610

Driver Education Vehicle in Schools; definitions for ad valorem taxes.......... SB 474

Driver Training Schools and Instructors; annual license renewal

HB 1423

Driver Training; Code corrections, information on DUI, insurance ............. SB 441

Driver's License; deposited in lieu of bail, reinstated if fine and fee paid

.SB 552

Driver's License; DUI convictions, limited permits ............................ SB 36

Driver's License; identification cards for minors under 21, form

SB 393

Driver's License; notices required, mailing requirements ..................... HB 1541

Driver's License; records to schools on bus drivers, Selective Service

... SB 45

Driver's License; renewal examination requirements .......................... SB 320

Driver's License; renewal test, habitual violators, nolo contendere pleas

HB 1917

Driver's License; suspended, reinstated after fine and fee payment ............ SB 551

Driver's License; suspended, reinstated if fine and fee paid ................... SB 552

Driver's License; suspended, revoked, illegal to drive in state ................. SB 389

Driver's License; suspension, motor carriers, exemption provision .............. HB 179

Drug Abuse Assessment Programs; required, DUI offenses ............ SB 29

DUI; bail delayed if faculties impaired .................. SB 122

DUI; conviction, higher insurance coverage required..... SB 38

DUI; drug abuse programs, temporary permits................................ SB 29

DUI; military personnel, judge's powers, driver improvement clinics ............ SB 18

DUI; municipal courts, sentence offenders to county jails .................... HB 1472

DUI; nolo contendere plea, attorney not required .......... SB 33

DUI; nolo contendere plea, information required on petition .................. SB 462

DUI; vehicle declared contraband, procedures ................... SB 63

DUI; vehicle seized on second offense, disposition............................. SB 47

DUI; violations, nolo contendere pleas .................................... .HB 1917

Emergency Medical Services; license plate fee charged to support ............. SB 399

Emergency Medical Services; license plate fee to support, CA ...

SR 317

Emission Inspections; change certain provisions, dates, new vehicles ......... .HB 1377

Emissions Inspections; increase fees, seat belt requirements .................. HB 1321

Firefighter Employment Applicants; driving record check ..................... SB 392

Fuel Economy Standards; urge NHTSA amend mpg level .................... SR 340

Habitual Violators; time periods for violations ............................. HB 1917

Handicapped Parking; enforcement authority, local governments .............. SB 343

Hay Bales; vehicles transporting, permits ................................. HB 1066

ID Cards; minors under 21 years in lieu of driver's license .................... SB 393

Insurance; amend various code provisions, requirements ...................... SB 390

Insurance; higher coverage required upon DUI conviction ............ SB 38

Insurance; Liablity, Cost Containment, Availability Joint Study Committee . .HR 577

Insurance; police officer's coverage, multi-vehicle accidents .................... SB 447

Insurance; proof of insurance required ...................................... SB 439

Insurance; repeal certain proof requirements.................................. SB 64

Insurance; uninsured motorists provisions ................................... SB 341

Juveniles; traffic and waterways offenses, court jurisdiction, procedures ........ SB 351

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INDEX

2423

MOTOR VEHICLES AND TRAFFIC (Continued)

Law Enforcement Vehicles; size of letters marking ........................... HB 466

License Plates; county name decals, requirements, fees ...................... HB 1357

License Plates; flrefighters, authorized special issue ......................... HB 1212

License Plates; Georgia Tech Centennial, extend time ....................... HB 1360

License Plates; special, Fort Valley State College ............................ SB 423

License Plates; special, Georgia Southern, West Georgia, Albany State

Colleges............................................................... HB 1444

License Plates; special, Georgia State University, Morris Brown College

HB 1384

License Plates; special, Macon, Jr., Mercer, Morehouse, Valdosta State

Colleges................................................................ SB 484

License Plates; special, Morris Brown College ............................... SB 560

License Plates; special, Savannah State College .............................. SB 424

License Plates; special, University of Georgia, extend time ................... HB 1500

License Plates; special, Wesleyan College................................... HB 1258

License Plates; special, Young Harris College ................................ SB 293

License Plates; spouse of deceased POW eligible, special tag ................. HB 1105

License Plates; staggered tag sales authorized in counties by local law ........ HB 1317

License Plates; staggered tag sales, authorized, prorated fees ................... SB 96

License Plates; staggered tag sales, authorized, counties over 100,000, decals SB 97

License Plates; staggered tag sales, Banks County........................... HB 1994

License Plates; staggered tag sales, Barrow County.......................... HB 2004

License Plates; staggered tag sales, Bibb County ............................ HB 1924

License Plates; staggered tag sales, Bulloch County ......................... HB 1957

License Plates; staggered tag sales, Burke County........................... HB 1850

License Plates; staggered tag sales, Camden County ......................... HB 2050

License Plates; staggered tag sales, Columbia County........................ HB 1980

License Plates; staggered tag sales, DeKalb County ......................... HB 1841

License Plates; staggered tag sales, Dougherty County....................... HB 2027

License Plates; staggered tag sales, Douglas County ......................... HB 1923

License Plates; staggered tag sales, Effingham County ....................... HB 1966

License Plates; staggered tag sales, Glynn County........................... HB 1975

License Plates; staggered tag sales, Gordon County ......................... HB 2005

License Plates; staggered tag sales, Gwinnett County ........................ HB 1956

License Plates; staggered tag sales, Hall County, referendum ................. HB 1905

License Plates; staggered tag sales, Henry County ..................

HB 1606

License Plates; staggered tag sales, Jackson County ......................... HB 1993

License Plates; staggered tag sales, Jenkins County ......................... HB 1828

License Plates; staggered tag sales, Lumpkin County ........................ HB 2061

License Plates; staggered tag sales, Muscogee County ....................... HB 1851

License Plates; staggered tag sales, Polk County ............................ HB 1978

License Plates; staggered tag sales, Screven County ........................ .HB 1997

License Plates; staggered tag sales, Spalding County ........................ HB 1942

Motorcycle Operator Safety Training Program; administration ................ SB 477

Motorcycle Riders; headgear required, persons under 21 years................. SB 151

Salvage Dealers; repeal out-of-state buyer's cards ........................... HB 1610

School Buses; exhaust system requirements, change ......................... HB 1463

School Buses; seat belts, study committee, create ............................ SR 422

School Buses; unlawful passing, reporting procedures........................ HB 1347

Seat Belts; children over 3 years, under 12 years, requirements................ SB 485

Seat Belts; requirements for children ...................................... HB 1321

Seat Belts; use required .................................................... SB 76

Septic Tank Waste Dumping; unlawful discharge, forfeit vehicle.............. HB 1424

Speed Limits; change for certain county, city roads .......................... SB 453

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2424

JOURNAL OF THE SENATE

MOTOR VEHICLES AND TRAFFIC (Continued)

Stolen Vehicle; return to rightful owner, time limits

SB 135

Swimming Pools; vehicles transporting, annual permit required

SB 535

Towing Trailers; safety chain required ....................................... HB 70

Traffic Convictions; challenges, time to file, procedures

HB 1351

Traffic Fines; court clerks retain fee for forwarding records

HB 1602

Traffic Offenses; appeals provisions, probate court procedures

HB 1367

Traffic Offenses; court clerk, fee for forwarding records

HB 1644

Traffic Offenses; juveniles under 17, court jurisdiction, procedures

HB 540

Traffic Offenses; vehicle seized second DUI, forfeiture

SB 47

Traffic Regulations; enforcement on private roads fronting on coastal area

SB 417

Trucks; load covered, requirements to prevent spillage

SB 99

Trucks; open bed, persons under 16 prohibited from occupying

SB 321

Trucks; oversized, use interstates on return trip, certain cases................. SB 594

Trucks; owner's name, domicile displayed, certain cases

HB 555

Trucks; suspension system, unlawful to alter

HB 1257

Trucks; weight computations, turning-support axles

SB 545

Uninsured Vehicles; law enforcement officer, power to remove

SB 390

Used Cars; define subassemblies, major component parts, salvage dealers

HB 1610

Weight Limits; axle equipment, study committee, create ...................... SR 435

Wreckers, Towed Vehicles; visible lights, turn signals required

SB 463

MOTORCYCLES Headgear Required; persons under 21 years ................................. SB 151 Operator Safety Training; Public Safety Board administer .................... SB 477

MOULTRIE, CITY OF; Corporate limits, councilmen qualifications, voting in zoning matters .................................................. HB 1827

MOUNTAIN JUDICIAL CIRCUIT District Attorney's Investigator; compensation ............................. HB 2009 Terms of Court; change times in certain counties ............................ SB 539

MOUNTVILLE WATER AUTHORITY Revenue Bonds .......................................................... HB 2045 Service Area; revenue bond ceiling......................................... HB 1222

MUNICIPAL ASSOCIATION; Commend ..................................... SR 315

MUNICIPALITIES (Also See Local Government)

Alcoholic Beverage Sales; regulated by local ordinance, certain cases

HB 1579

Annexation; by municipality across county lines, approval required

SB 533

Annexation; change limitations, define residential property ................... SB 229

Annexation; cities with independent school systems, definitions, revisions ...... SB 380

Annexation; landowners petition, change Atlanta exemption .................. SB 150

Atlanta; redevelopment areas, contracts ..................................... SB 583

Audits; change certain requirements ........................................ SB 228

Audits; requirements, procedures for state grants, federal audits....

HB 858

Bond Issue; street improvements, cities over 150,000, continue in force........ HB 1618

Bonds; issued to finance certain public facilities .............................. SR 92

Charter Repeal; local law for repeal, county succession to powers............. HB 1572

Debt; authorized to incur short-term indebtedness, referendum................. SB 28

Debt; limited short-term authorized, certain circumstances..................... SR 12

Development Districts; create, provide procedure ........................... .HR 718

Elected Officials; indicted, convicted, suspension and salary provisions ....... .HB 1287

Emergency Medical Vehicles; exempt from insurance requirements,

certain cases........................................................... HB 1526

Eminent Domain; property condemnation, boundary limitations, CA ........... SR 358

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INDEX

2425

MUNICIPALITIES (Continued)

Environmental Facilities Authority, Georgia; grants, loans, bonds

HB 1142

Fulton County Community Improvement Districts; create certain areas, powers SB 601

Health Boards; membership on county boards, Atlanta in DeKalb provision HB 1757

Hospital Authorities; property sales, local referendum

SB 56

Liability; immunity provisions relating to insurance policies

SB 1471

Merchants' Parking Areas; criminal trespass by motor vehicles, ordinances HB 1433

Municipal Court Services; county contracts, magistrate courts provide

HB 1477

Municipal Courts; establish in each municipal corporation

HB 1476

Nuisances; powers to close unsafe, unsanitary structures ...................... SB 377

Officials; four-year terms set by ordinances .................................... SB 3

Railroad Crossing; closed, relocated, prior public hearing, notice

SB 466

Railroad Crossings, Relocation; prior public notice

HB 123

Rezoning; official with certain interests, disclosure

HB 618

Road, Street Improvement Local Authorities; create by referendum

HR 662

Sales Tax; local option to finance public facilities ............................. SR 25

Sales Tax; special purpose county, change provisions

HB 1469

Self-Insurance Programs; joint risk management pools

SB 369

Speed Limits; change for certain county, city roads

SB 453

State Loans; to finance water, sewerage facilities

HR 363

Taxation of Financial Institutions; provisions, rates .......................... HB 649

Traffic Courts; senior judges, cities over 300,000 population

HB 1714

Urban County and Municipal Study Committee; create........................ SR 29

Urban Residential Finance Authority, Atlanta; powers, loans, bonds

HB 1210

Workers' Compensation Group Self-Insurance Funds; define ................. HB 1482

MURDER Crime of; life sentence upon conviction, parole prohibitions .................... SR 83 Sentence; judges panel sets minimum time to serve, capital cases............... SB 52

MURRAY COUNTY; R.E. Chambers Memorial Bridge, designate over Rock Creek .............................................................. SR 292

MUSCOGEE COUNTY

Columbus Airport Commission; continue in force ............................ HB 514

Columbus Building Authority; continue in force ............................. HB 515

Columbus-Muscogee County Consolidated Government; ethics violations

HB 1651

Columbus-Muscogee County Consolidation; continue in force.................. HB 518

Columbus-Muscogee County Port Development Commission; continue

HB 516

Education Board; authority for certain emergency contracts.................. HB 1292

Health Department; continue in force....................................... HB 513

Homestead Exemption; continue in force.................................... HB 527

Homestead Exemption; continue in force.................................... HB 525

Homestead Exemption; continue in force.................................... HB 523

Homestead Exemption; continue in force.................................... HB 526

Homestead Exemption; continue in force .................................... HB 524

Industrial Development Authority; continue in force ......................... HB 517

Industry and Tourism Promotion; continue in force .......................... HB 521

License Plates; staggered tag sales ......................................... HB 1851

Motor Fuel Tax; levy for public facilities, referendum ........................ SB 265

Property in Transit; tax exemption, continue in force ........................ HB 528

Rapid Transit System; Columbus to Atlanta feasibility study, create........... SR 360

Revenue Bonds, Issuing Authority; continue in force ......................... HB 522

School Board; referendum on election....................................... SB 175

School District; construct and operate art centers, museums ................ HB 1291

School System Merged with Columbus; continue in force ..................... HB 510

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2426

JOURNAL OF THE SENATE

MUSE, BILLY, REVEREND; Dalton, commend............................... SR 471 MUSGROVE, DOWNING; Elected to State Transportation Board Pages 22, 23, 24

N

NAIL, WYMAN, JR. AND RHONDA NAIL; Compensate ................. HR 593

NATIONAL GUARD Education Loans; eligibility requirements ................................. .HB 1446 Georgia State Guard; rename as State Defense Force......................... HB 565

NATURAL RESOURCES

Amend various Code sections relating to hunting and fishing................. HB 1344

Asbestos Safety Act; create board, licensing provisions ....................... SB 409

Boat Safety; unlawful operate under influence of alcohol, drugs ............... SB 316

Coastal Marshlands Protection Act; commissioner, powers and duties

.... SB 450

Commissioner; salary set by law ............................................ HB 585

Conservation Rangers; violence to, resisting, punished as felony .............. HB 1320

Dams Act, Safe; grants for repairs, extend certain exemptions .............. .HB 1143

Environmental Facilities; revise powers Georgia Development Authority....... HB 1686

Fishing; cast net authorized for shad and herring ............................ SB 350

Fishing; unlawful to net fish from commercial fish farm ...................... SB 299

Food Fish Dealers; licensure .............................. SB 410

Hazardous Waste Disposal, Treatment; definitions, guarantor's liability ...... .HB 1144

Herty Foundation; research powers, fibers and materials..................... HB 1462

Historic Preservation; powers, duties to promote ............................. SB 411

Lake Lanier Islands Authority; Hall County Superior Court ................. HB 1835

Metropolitan River Protection; applications, overview of rules ................. SB 317

Reforestation Incentives Program; establish, wood load ticket requirements. . . . . SB 412

Resisting Ranger With Violence; punished as felony.......................... SB 362

Saltwater Fish; possession, size limitations, certain fish ..................... .HB 1495

Sapelo Island, Heritage Authority Act; Hog Hammock Community ........... HB 1938

Shore Assistance Act; commissioner, powers and duties ....................... SB 450

State Parks; certain hunting, trapping allowed, prior permission.............. HB 1325

Sweetwater Creek State Park; lightguide cable easement...................... HR 482

Traffic Regulations; enforcement on private roads in coastal areas ............. SB 417

Underground Storage Tank Act; govern regulated substances storage ......... HB 1145

Veterans; honorary hunting and fishing licenses, certain cases ............... .HB 1128

Waste Dumping; septic tanks, unlawful discharge public systems ............. HB 1424

Water Pollution Control; permits, penalties, federal funds .................. .HB 1280

NATUROPATHY; Practice of, repeal Code section ......................... .HB 1316

NAVAJO-HOPI LAND RESETTLEMENT ACT; Urge Congress repeal

.HR 679

NEAL, J. ALAN; Macon Cherry Blossom Festival, introduction ............... Page 256

NEIGHBORHOOD UNION HEALTH CENTER; Commend.................... SR 485

NETHING, DAVID E.; Commend. ........................................... SR 369

NETTLES, M. C.; Compensate ............................. HR 689

NEWMAN, COLONEL MANCEL; Designate bridge at Powder Springs ....... HR 330

NEWSPAPERS; Distributors, exclude from workers' compensation coverage .... SB 555

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INDEX

2427

NEWTON COUNTY

Business Licenses; sports activities, taxes, continue in force .................. HB 1701

Education Board; chairman, provisions..................................... HB 1660

Ordinances; enforcement, continue in force ................................. HB 1703

Sewer, Water, Sanitation, Landfill, Fire Districts; continue in force ........... HB 1704

Tax Assessments; bills, notices, payments, continue in force

HB 1702

NEWTON, LOUIE DEVOTIE; Portrait in State Capitol .................... .HR 720

NO PASS, NO PLAY STUDY COMMITTEE; Joint ....................... SR 290

NONPROFIT ORGANIZATIONS (Also See Charitable Organizations) Employment Security Law; security bonds, deposits .......................... SB 473

NORTHEASTERN JUDICIAL CIRCUIT; Additional judge

SB 186

NOTARIES PUBLIC

Appointment; qualifications, powers and duties ............................. HB 1283

Motor Vehicle Certificate of Title; remove notary requirement

HB 1335

Probate of Wills; acknowledgement of service............................... HB 1324

Wills, Probate; notary public or probate clerk attest to records................ SB 310

NUCLEAR GENERATING PLANTS Public Service Commission; cost prudency determinations .................... SB 263 Public Service Commission; phase-in costs .................................. SB 111

NUISANCES Municipalities; power to close, repair unsafe buildings, notices ................ SB 377 Wells or Holes, Abandoned; counties authorized to repair, recover costs ........ SB 421

NUNEZ, CITY OF; New charter. ......................................... .HB 1945

NURSE OF THE DAY; Pamela Hartman serve ............................ Page 14

NURSES; Health insurance, reimbursement for registered nurse services ........ SB 381

NURSING AND PERSONAL CARE HOMES Certificate of Need; rule changes not affect prior applications ............... HB 1192 County Health Boards; immunity from liability, criminal records checks ...... HB 1549 Elderly Resident; Medicaid eligibility, home exempt ......................... SB 198 Liens for Charges; patient care, change time limitation ....................... SB 456 Long-term Care Facilities; involuntary transfers, taped conversation, notice .SB 301 Medicaid; semiprivate, supplemented private room provisions ................ HB 1330 Nursing Home Administrators Board; powers, termination date ............. HB 1177 Private Long-term Care Insurance Study Committee; create .................. SR 314

o

OATH OF OFFICE; Public officials, change language, holding office of trust ... SB 347 OCCUPATIONAL REGULATION REVIEW LAW; Business and
Professional Regulation.................................................... HB 850
OCONEE COUNTY Education Board; elections, continue in force .............................. .HB 1587 Oconee Utility Authority; name change, selection of members ................ HB 1512 Treasurer; governing authority appoint..................................... HB 1511
OFFENDER REHABILITATION (See Corrections or Penal Institutions) OFFICE SUPPLY TRANSACTIONS; Deceptive practices unlawful......... HB 1282
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2428

JOURNAL OF THE SENATE

OFFICIAL CODE OF GEORGIA (See Code of Georgia)
OGLETHORPE COUNTY Commissioners; composition of the board .................................. HB 1168 Development Authority; continue in force .................................. HB 1391 Education Board; election districts ........................................ HB 1166
OPIE, BRENDA G.; 1986 Teacher of the Year, commend ...................... SR 475
ORGAN DONORS Anatomical Gifts; regulations, records, minors, unlawful to buy, sell .......... HB 1334 Hospitals; procedures, anatomical gifts ...................................... SB 327
OVERBY, HUGH 0., JR., HONORABLE; Condolences ........................ SR 329
OWENS, JAMIE; National 4-H Championship, commend ............. SR 295
OXYGEN SALES; Sales tax, exemption if prescribed by physician............ HB 1445

PALMER, MICKEY; Compensate ..........................................HR 570
PARDONS AND PAROLES Criminal Procedure; judges set minimum time to serve, capital cases ......... SB 52 Inmates; education programs, early release consideration .................. .HB 1638 Life Sentence; murder conviction, parole prohibitions ......................... SR 83 Life Sentence; parole eligibility limited, certain cases ...................... SB 49 Officers, Employees; injured on duty, salary while recuperating............... SB 322 Parole Officer; violence to, resisting, punished as felony .................... .HB 1320 Parole Supervision Fees; used to assist victims of crime ....................... SR 22 Victim of Crime; notified of parole of inmate ......................... SB 51
PARENT AND CHILD (Also See Domestic Relations or Minors) Adoption; foreign children, clarify release provisions. ....................... .HB 1211 Child Custody; visitation rights of noncustodial parents ..................... HB 1551 Grandparents Rights; adoption proceedings.................................. SB 395 Grandparents Visitation Rights; exceptions relating to adoption ............ HB 1643 Loitering; minors in public, unlawful certain hours, parent liable ........... HB 1249 Parent Orientation Course; required for child's school admission .............. SB 336 Parental Rights; termination provisions ..................................... HB 175
PARTNERSHIPS; Sue or be sued, garnishment, dissolution ................. HB 1229
PATIENTS; Surgery, medical treatment, informed consent, rights............ SB 128
PATTERSON, ESMOND; Gospel Caravan, commend .......................... SR 622
PAULDING COUNTY; Education Board, superintendent, appointment, term of office ............................................................ HB 1470
PEACE OFFICERS (Also See Law Enforcement) Annuity and Benefit Fund; payments, disability benefits increased .......... HB 365 Annuity and Benefit Fund Study Committee; create ......................... SR 174 Minimum Salaries; certain cases............................................ SB 480 Sheriffs; qualifications, in-service training ................................... HB 344 Standards and Training Council; incentive pay plan for peace officers. ......... SB 544 Standards and Training Council; jailers certification.......................... SB 451
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INDEX

2429

PEACH COUNTY; Water and Sewerage Authority, create ................... HB 1944

PEACOCK, REVEREND HENRY EARL; Introduction ....................... Page 39

PEARSON, CITY OF; Seaboard System Railroad, urge ICC deny

abandonment

........................ HB 580

PEEVY, SENATOR BONN; Excused .................................... Page 126

PELHAM, CITY OF Education Board; elections, terms, composition, referendum.................. HB 2014 Mayor, Council; elections, districts, terms .................................. HB 2013

PENAL INSTITUTIONS (Also See Corrections) Corrections Board; members, reimbursement for travel expenses............... SB 437 Death Penalty by Lethal Intravenous Infusion; provisions .................... HB 848 First Offender Sentencing; court review defendant's eligibility ................. SB 442 First Offender; clerk of court record exoneration upon release ................ HB 1342 Habeas Corpus Inmate Case; appeals, Attorney General notify DA .......... HB 1279 Indemnification Program; prison guards ..................................... HR 644 Inmates; death without physician, GBI notified .............................. SB 217 Inmates; education programs, payment of medical expenses incurred.......... HB 1638 Inmates; filing action against government, forms provided .................... SB 460 Inmates; housed by county, medical payments from State .................. .HB 1370 Pardons and Paroles Board; limit parole powers, certain crimes ................ SR 26 Pardons and Paroles; life sentence for murder, parole limited .................. SR 83 Pardons and Paroles; limited eligibility, certain life sentences .................. SB 49 Probation; pretrial release programs, only indigent persons ................... SB 192 Real Property Inventory; file State Properties Commission................... HB 1888 Victims of Crime; notified of parole of inmate ................................ SB 51 Wardens; deputize employees, police powers ................................. SB 436

PERRY, CITY OF Industrial Building Authority; continue in force............................. HB 1640 Redevelopment Powers; issue tax allocation bonds, referendum............... HB 1641

PERRY, DAWN; Commend ................................................. SR 535

PERRY, KEVIN; National 4-H Championship, commend. .................... SR 302

PERSONAL CARE HOMES (Also See Health, Day Care, Nursing Homes, or Health Care Facilities) County Health Boards; immunity from liability, criminal records checks ...... HB 1549 Criminal Records Check Fees; Human Resources set ....................... .HB 1420 Criminal Records Checks; prospective DHR employees, procedures ........... HB 1421

PERSONNEL BOARD, STATE; Appoint Personnel Administration Commissioner .............................................................. SB 1

PERSONS, MARY, HIGH SCHOOL DEBATE TEAM; Commend ........ SR 493

PETERS, MRS. JUDY; Widow of Phil Peters, introduction ................. Page 1207

PETERS, PHIL GBI Director; condolences .............................................. SR 397 GBI Headquarters; designate building in honor .............................. HR 470

PETERSON, ANNIE M.; Compensate ..................................... .HR 567

PETROLEUM PRODUCTS (Also See Gasoline) Underground Storage Tank Act; manage regulated substances storage. ....... .HB 1145

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2430

JOURNAL OF THE SENATE

PHARMACISTS, PHARMACIES

Dispensing, Compounding Drugs; requirements, records, podiatrists .......... HB 1159

Drug Manufacturer, Distributor; permits, revocation, suspension

HB 1153

Drug Samples; illegal diversion, study committee, create ...................... SR 487

Drug Wholesalers, Distributors; registration, reporting requirements

SB 482

Licensing; continuing education requirements................................ SB 267

Practices Involving Drugs; federal regulations, compliance

HB 1158

PHOTOGRAPHY; Processors; reports, sexually explicit conduct of minors ....... SB 79

PHYSICAL THERAPY; Licensing; examinations, continue Board, powers, terms ................................................................. HB 1175

PHYSICIANS (Also See Medical Practice or Professions) Abortion; request by minor, parental notification required .................... HB 310 AIDS, Sexually Transmissible Diseases; reports required.................... HB 1187 Blood Donors; patient may provide for scheduled surgery.................... HB 1524 Blood Donors; patient may provide, scheduled surgery or treatment ........... SB 575 Breast Cancer Information Booklet; distribution to patients................... HB 615 Breast Surgery; informed consent, patient's rights............................ SB 542 Dead Bodies; notification of communicable disease to handlers ................ SB 387 Drug Samples; illegal diversion, study committee, create ...................... SR 487 Drugs, Dispensing; change requirements, include podiatrists ................ .HB 1159 Emergencies; unpaid doctor advising ambulance, liability immunity............ SB 201 Eye Removal; procedures, liability immunity ................ SB 85 Indigent Medical Treatment; legal action for damages prohibited ............. HB 1818 Malpractice Complaints; urge state board discipline physicians ................ SR 382 Malpractice; judgment, licensee reviewed by Board, repeal Naturopathy Code HB 1316 Malpractice; limitation of action, guardian appointed by probate courts ....... . SB 459 Medical Examiners Board; disciplinary powers, duties ........................ SB 497 Medical Information; release as evidence, procedures ......................... SB 962 Medical Profession Study Committee; study separate regulatory board ......... SR 421 Respiratory Care Practices Act; enact....................................... HB 615

PICKENS COUNTY; Commissioner, compensation ......................... HB 1673

PIEDMONT JUDICIAL CIRCUIT; Additional judge

..... SB 264

PIKE COUNTY Probate Court; judge, nonpartisan election .................................. SB 141 Recreational Authority; create, powers and duties ............................ SB 591

PILOTS; Flying state aircraft, discontinuance at 65 years of age ............... SB 562

PLANNING COMMISSIONS (See Authorities or Development Authorities)

PLANT, ANNE T.; County Welfare Association, commend ........... SR 533

PLUNKETT, AVA FRANCES SEWELL; Condolences......... SR 404

PODIATRISTS

Drugs; dispensing requirements ........................................... HB 1159

Hospital Privileges; denied, revoked, report to examining board

... HB 1435

POLK COUNTY Motor Vehicle Registration; staggered tag sales, referendum.................. HB 1978 Tax Commissioner; compensation. .......................................... SB 598

POLYGRAPH EXAMINERS; Unlawful use of psychological or voice stress evaluators............................................... SB 329

POOLE, JOE LEMUEL; Condolences ................ SR 426

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INDEX

2431

POOLER, CITY OF; Corporate limits, annexation, referendum ............... HB 2057
PORTS AUTHORITY, GEORGIA Court Actions; venue provisions ............................................ SB 338 Pilots; change mooring and docking requirements, fees ...................... HB 1242 Property Leased, Sold, Mortgaged As Loan Security; no prior approval ....... SB 337 Tollway Authority Law; federal funds considered, self-liquidating projects...... SB 564
POSEY, PAT; State Patrol Trooper, commend ................................ SR 474
POST-MORTEM EXAMINATION ACT (Also See Coroners or Medical Examiners) Fees; duties at scene of death ................................. SB 190
POWDER SPRINGS Downtown Development Authority; continue in force........................ HB 1777 Newman, Colonel Mancel, Bridge; designate ................................. HR 330
PREGNANCY Alcoholic Beverages; warning notices posted ................................. SB 376 Emergency Care; services, costs for pregnant women ......................... SB 132 Health Care; emergency treatment, cost of care .............................. HB 487
PREMIUM FINANCE COMPANIES; Cancellation notices, delivery provisions ............................................................... HB 1393
PRESIDENTIAL PARKWAY; Condemnation of Public Property Commission; create, eminent domain powers............................ HB 1361
PRESIDENTIAL PREFERENCE PRIMARY; Set date for second Tuesday in March .................................................... SB 455
PRICE, REVEREND NELSON L.; Commend.......................... SR 488
PRISONERS OF WARS, MISSING IN ACTION; Spouse of deceased prisoner of war, special license plate ....................................... HB 1105
PRISONS (See Corrections or Penal Institutions)
PROBATE COURTS Appeals Procedures; revisions, jury trials, certain courts ..................... HB 1367 Appeals; revise procedures, requirements ................................... SB 458 Appeals, Jury Trials; revise, counties over 100,000 ........................... SB 430 Chief Clerks; appointment, powers.......................................... SB 249 County Commissioner; judge's powers relating to filling of vacancies .......... SB 422 Estates; year's support, determinations...................................... HB 908 Judge; designate peace officer for coroner duties, certain cases .............. SB 576 Judge; service as magistrate, salary ........................................ SB 73 Judges Retirement; date for certain payments to Fund ....................... SB 342 Judges; chief clerks, qualifications, vacancies, certain counties ............... HB 1246 Judges; retirement benefits .................................................. SB 4 Motor Vehicle Title; transfer under decedent's will, certain cases.............. SB 331 Wills; notice of probate to all beneficiaries ................................. SB 46 Wills; probate court clerk or notary public attest to records................... SB 310
PROBATION First Offender Sentencing; court review defendant's eligibility................ SB 442 First Offender; clerk of court record exoneration upon release .............. HB 1342 Juveniles; state subsidy to employ officers, certain counties ............... SB 222 Pretrial Release Programs; only indigent persons eligible .................... SB 192
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2432

JOURNAL OF THE SENATE

PROBATION (Continued) Tolling of Sentence; no show probationer, dates ............................ HB 1369
PROCESSIONING; Property boundaries, procedures ......................... SB 325
PROFESSIONS AND BUSINESSES (Also See Commerce and Trade) Animal Protection Act; regulate, license shelters, pet dealers ................. HB 1346 Architects Board, State; membership, violations, penalties ................... HB 1295 Art Dealers; sale of art works, requirements, disclosure ...................... HB 1253 Asbestos Safety Act; create board, licensing ................................. SB 409 Attorneys; advertising, contingency cases, disclose payments required .......... SB 570 Auctioneers; nonresident license, local governing authorities powers ............ HB 847 Barbers; license provisions, continue State Board ........................... HB 1219 Boxing and Wrestling Commission, State; licensing............................ HB 39 Cemeteries; regulations, requirements ...................................... HB 1460 Charitable Organizations; prize giveaways not deemed lotteries, certain cases SB 559 Chiropractors; change scope of practice ..................................... HB 156 Chiropractors; licensing, education requirements, foreign schools. .............. SB 302 Clinical Laboratory Science Practitioners; licensure .......................... SB 403 Close Corporations; voting procedures, directors' duties....................... SB 319 Corporate Takeovers; repeal Code chapter.................................. HB 1278 Corporations; filing, requirements, notices, fees ............................. HB 1296 Cosmetology; sale, use of certain products limited to licensees only ............ SB 366 Cosmetology; work permits, barber licenses, Board composition, termination. . HB 1173 Dental Hygienists; regulation of duties ..................................... HB 1687 Dental Laboratories; commercial, licensure, study committee .................. SR 472 Driver Training Schools and Instructors; annual license renewal.............. HB 1423 Drug Manufacturers, Distributors; registration, reporting requirements ......... SB 482 Fireworks Sales; permits, definitions, license requirements .................... HB 264 Food Fish Dealers; licensure ............................................... SB 410 Fund Raisers; name registration, fees, reports ............................. .HB 1438 Innkeepers; termination notice to certain occupants ........................ .HB 1375 Insurance Agents; fees for services......................................... HB 1247 Landscape Architects; license provisions, continue State Board ............... HB 1236 Landscape Architects, State Board; extend termination to 1992 ............... SB 354 Medical Examiners Board; organization, regulation of physicians ........... SB 497 Medical Examiners Board; review licensee after malpractice judgment ........ HB 1316 Merchants Parking Areas; criminal trespass, cruising in vehicles.............. HB 1433 Naturopathy Practice; repeal Code section ................................. HB 1316 Nursing Home Administrators; licensing, reciprocity, Board powers ...... HB 1177 Occupational Regulation Review Law; enact, create advisory council ........... HB 850 Office Supply Transactions; deceptive practices ............................. HB 1282 Pharmacists; licensing, continuing education ................................. SB 267 Physical Therapy; licensing, exams, continue Board, powers.................. HB 1175 Physicians; treatment of indigents, action for damages prohibited ............ HB 1818 Polygraph Examiners; unlawful to use certain instruments .................... SB 329 Private Detective, Security Agencies; licensing, insurance ..................... HB 795 Psychologists; licensing, continue Board, powers ........................... HB 1176 Psychologists, Applied; education requirements for licensure .................. SB 349 Psychologists' Assistants; privileged communications rule ............... SB 37 Raccoon Fur Seller's License; change fee .................................... HB 846 Real Estate Brokers, Salespersons; regulations, licensing provisions ........... HB 1545 Respiratory Care Practices Act; licensing ..................................... SB 32 Respiratory Care Professionals; licensing requirements........................ HB 615 Roadhouses, Public Dance Halls; delete DHR inspection requirements ........ HB 1359
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INDEX

2433

PROFESSIONS AND BUSINESSES (Continued) Sales, Manufacturers' Representative; contract with principal, civil liability. . . . . SB 292 Securities Dealers; rules and regulations ................................... HB 1169 Speech Pathology and Audiology; examining board, licensing. ................ .HB 112 State Examining Boards; powers, unlicensed persons practicing business . . . SB 368 State Examining Boards; records system, file on all licensees................. HB 1435 Surveyors, County; private practice prohibited without State license .... SB 348 Tax Depreciation Allowances; cost recovery, federal income ................... SB 277 Taxidermists; mounting, selling legally taken furbearers ..................... HB 1326 Television; cable system license, repair service required....................... SB 300 Temporary Help Services Week; designate .................................. HR 809 Used Cars; rebuilders, salvage dealers, repeal out-of-state buyer's card ........ HB 1610 Veterinarians; confidentiality of records ................. HB 1986
PROMOTIONAL GIVEAWAYS OR CONTESTS; Regulations, qualifications for lawful promotion ........................................ HB 1439
PROMOTIONS AND EXECUTIVE PROTECTION, INC.; Commend ........... SR 514
PROPERTY CONVEYANCES Bibb County, Macon Farmers' Market; lightguide cable easement ............. HR 514 Brantley County; to commission for industrial tract ......................... .HR 585 Brooks County; county landfill ............................................. HR 572 Cairo, City of; to access new retail development ............................. HR 633 Cave Spring; School for the Deaf, to city............................ SR 289 Douglas County; Sweetwater Creek State Park easement ..................... HR 482 Effingham County; Fort Howard Paper Company easement ................... HR 566 Emanuel County; Forestry Commission regional office ........................ SR 322 Forestry Commission; structure to Schley County ............................ HR 770 Franklin County; land sale to Charles Alien Fields ..................... HR 587 Fulton County; Southern Railway, modify lease.............................. HR 512 Hamilton County, Tenn.; formerly W & A Railroad ............... .HR 507 Hawkinsville, Pulaski County; National Guard Armory Property ............. .HR 519 Lowndes County; for roadside park and waste disposal area ................. .HR 586 Milledgeville; First Presbyterian Church lease .......................... SR 357 Milledgeville, City of....................................................... SR 10 Milledgeville, City of ....................................................... SR 96 Railroad Lease; Seaboard System successor to L & N ....................... .HR 500 Railroad Lease, L&N; Atlanta to Chattanooga, study committee............... SR 151
PROPERTY Ad Valorem Tax Appeals; written objection to assessors, proper notice......... HB 595 Ad Valorem Tax; penalties, utilities, airlines, exempt certain homesteads..... HB 1539 Anatomical Gifts; hospital procedures, requirements, organ donors............. SB 327 Anatomical Gifts; organ donors, regulations, unlawful to buy, sell. ........... .HB 1334 Boundary Processioning; procedures ........................................ SB 325 Cemeteries; regulations, requirements ...................................... HB 1460 Condominiums; residential sales, executed documents to buyer ................ SB 537 Court Costs; fees for filing affidavits ....................................... HB 1644 Criminal Trespass; unlawful to enter premises while armed ................... SB 212 Criminal Trespass, Damage; definitions, penalties ............................ SB 231 Defense of Habitation; justified in tort action, no liability, certain cases........ SB 489 Dispossessory Proceedings; foreclosure sales, notice required .................. SB 476 Dispossessory Warrants; notary public, duties .............................. HB 1283 Eminent Domain Powers; counties, municipalities, boundary limitations, CA. . . SR 358 Eminent Domain Proceedings; condemnor, pay attorneys' fees, expenses ... HB 1793
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2434

JOURNAL OF THE SENATE

PROPERTY (Continued) Eminent Domain; Condemnation of Public Property Commission, create, powers ................................................................ HB 1361 Estates; appraisement, heir or beneficiary offer evidence ...................... SB 208 Estates; inequitable division, parties seeking relief ........................... HB 363 Estates; marital deduction trusts, beneficiary, investment rights ............. HB 1149 Estates; year's support, amend various provisions, requirements ............... HB 908 Guardian, Adult Ward; estate planning, disposition of property authorized .... HB 493 Historic Preservation; Natural Resources Department, powers to promote ...... SB 411 Joint Tenant Surviving; renunciation of succession ........................... SB 414 Liens; hospital, nursing home care charges, change time limits ........ SB 456 Liens; mechanics', materialmen's, real estate, maximum recovery amounts ...... SB 388 Liens, Judgments Filed; court clerk record name and address .............. SB 66 Mobile Home, Trailer, Transportable Housing; removal upon dispossessory writ .................................................... HB 1931 Mortgages; deed to secure debt, cancellation procedures ...................... HB 840 Personal; exempt ad valorem tax, certain tangible, statewide referendum ..... HB 1658 Ports Authority; property sold as loan security, no prior approval ............. SB 337 Public Schools; authority to lease when no longer needed.................... HB 1208 Public; condemnation commission, powers of acquisition, eminent domain ..... HB 1361 Public; debts owed agencies, departments deemed uncollectable, procedures . . HB 1536 Public; inventory, transfer duties to State Properties Commission ............ HB 1888 Public; judicial relief for governmental units, define real estate ............... HB 1742 Rental Dwelling; waterbeds may not be prohibited, insurance required ...... SB 492 Sapelo Island, Heritage Authority Act; occupation, Hog Hammock Community ........................................................... HB 1938 State; agency to remove asbestos, hazardous materials from public buildings . HB 1952 State; insurance fund, asbestos, hazardous material, removal public premises . .HB 1953 State; inventory by DOAS, items over $500, any listed by agencies ....... HB 1573 State; vending facilities operated by handicapped .................... SB 106 Subdivided Land Sales; revise law, Real Estate Commission, regulate ........ HB 1343 Tax Execution Sales; advertising costs, payment ............................ HB 1350 Time Share Act; promotional giveaways or contests, regulations .............. HB 1439 Traffic Regulations; enforcement on private roads in coastal areas ......... SB 417 Transportation Plans; public hearings consolidate subjects ................... HB 1712 Wells or Holes, Abandoned; counties authorized to repair, recover costs........ SB 421
PSYCHOLOGISTS Assistants included in privileged communications rule ......................... SB 37 Licensing; education requirements .......................................... SB 349 Licensing; State Board, continue, powers ................................... HB 1176
PTA DAY IN GEORGIA; Designate February 18, 1986. ........................ SR 385
PUBLIC ASSISTANCE (See Social Services or Human Resources or Medical Assistance)
PUBLIC EVENTS; Throwing harmful objects, unlawful, penalties ........ SB 332
PUBLIC INITIATIVE Ethics; campaign, financial disclosure ...................................... HB 1286 Statutes; constitutional amendments enacted by people........................ SR 30
PUBLIC OFFICERS AND EMPLOYEES (Also See State Employees or State Government) Agency Heads; salary set by law, certain departments ........................ HB 585 Asbestos, Hazardous Materials Liability Fund; state insurance, removal ..... HB 1953 Auditor and Certain State Officials; increase salary.......................... HB 1550
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2435

PUBLIC OFFICERS AND EMPLOYEES (Continued) Auditor, State; G. W. Hogan elected ........................................ HR 458 Bail Bondsmen; judges, peace officers, attorneys, prohibited from business . SB 565 Banking Department; employ financial examiners ........................... HB 1281 Child Care Facilities for State Employees; establish pilot project .............. SB 306 Comptroller General; change title to Insurance Commissioner throughout Code ........................................ .HB 1507 Coroners; fees, duties at scene of death ..................................... SB 190 Coroners; inquests, subpoena powers, confidentiality, records to other states . HB 1329 Coroners; probate judge designate peace officer for duties..................... SB 576 Counseling Assistance Program; establish for state employees ................. SB 418 Elected; disclosure reports, state-wide, legislative candidates ................... SB 31 Elected; removal, suspension from office upon federal indictment............... SR 13 Elected; retirement, forfeited leave credit ................................... SB 104 Elected; suspension upon federal indictment, no compensation ............... .HR 505 Elected; suspension, salary provisions upon indictment, conviction ............ HB 1287 Employees; injured on duty, salary while recuperating ........................ SB 322 Ethics Commission; campaign and financial disclosure required............... HB 1286 Expense Allowances; mileage reimbursement for travel ...................... HB 1348 Financial Disclosure Statements; required of State officials.................... SB 382 General Assembly Members; air travel expense reimbursement ............... HB 1695 Governor; enter agreements with other states for federal grant programs ....... SB 429 Insurance; state, local bodies, self-insurance, risk pooling ..................... SB 440 Insurance, Liability Coverage; lower court judges and employees ................ SB 2 Juvenile Justice Commission; create ........................................ SB 203 Merit System; definitions, interdepartmental transfers ........................ HB 788 Merit System; Fulton, DeKalb health boards, unclassified positions .......... .HB 1152 Merit System; legislative review of rules and regulations...................... SB 145 Merit System; unclassified service, Personnel Board approve ........... SB 8 Notaries Public; appointment qualifications, powers ......................... HB 1283 Oath of Office; change language, holding office of trust ....................... SB 347 Personnel Administration Commissioner; appointed by State Board.............. SB 1 Political Activities; authorized off-duty...................................... SB 305 Removal or suspension from office upon federal indictment .................... SR 13 Salaries; Auditor and certain other state officials............................ HB 1550 Salaries; set by law, certain department heads ............................... HB 585 Vacancies in Office; procedures for filling, notification, requirements .......... HB 1501

PUBLIC RECORDS; Veterinary care, confidentiality of records .............. HB 1986

PUBLIC SAFETY DEPARTMENT (Also See Motor Vehicles or Law Enforcement) Commissioner; salary set by law ............................................ HB 585 Driver's License; records to schools on bus drivers, Selective Service ............ SB 45 Firefighter Employment Applicants; driving record check ..................... SB 392 Forests; controlled burning, prior notice, duties ............................... SB 98 Law Enforcement Vehicles; size of letters marking ........................... HB 466 Officers, Employees; injured on duty, salary while recuperating................ SB 322 School Buses; violation reporting procedures. .............................. .HB 1347 State Patrol Disciplinary Board; change composition ......................... HB 460 State Patrol Employees; continue service after age 55 ..................... SB 304 State Patrol Recruits; peace officer authority, clothing allowance ............ .HB 1843 Traffic Convictions; challenges, time to file, procedures ..................... .HB 1351 Uniform Division Officer; criminal penalties for impersonating ............... HB 1341

PUBLIC SCHOOL EMPLOYEES RETIREMENT SYSTEM; Benefits

SB 124

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2436

JOURNAL OF THE SENATE

PUBLIC SCHOOLS (See Education or Schools)

PUBLIC SERVICE COMMISSION

Consumers' Utility Counsel; extend termination to 1987 ...................... SB 346

Members; suspension, salary provisions upon indictment, conviction

HB 1287

Motor Carriers; exempt from debt approval requirements

SB 496

Motor Carriers; regulate, registration, licensure

HB 1487

Nuclear Generating Plants; prudency determinations ......................... SB 263

Nuclear Generating Plants; phase-in costs ................................... SB 111

Plant Vogtle Nuclear Plant; recommend study phase-in costs

SR 278

Telephones; switch-on service fees, requirements ............................. SB 298

Utility Rate Cases; inspection of corporate books ............................ SB 126

PUBLIC UTILITIES AND TRANSPORTATION (Also See Transportation) Ad Valorem Tax Returns; past due penalties, utilities, airlines ............... HB 1539 Blasting, Excavating; near underground utilities, notification centers ......... HB 1489 Consumers' Utility Counsel; extend termination date to 1987 ................. SB 346 Electric Membership, Rural Telephone Systems; satellite TV sales unlawful . HB 639 Motor Carriers; regulate, registration, licensure ............................. HB 1487 Nuclear Generating Plants; cost prudency determinations..................... SB 263 Nuclear Generating Plants; phase-in costs ................................... SB 111 Plant Vogtle; PSC study phase-in costs, prudency determination .............. SR 278 Public Service Commission; rate cases, inspection of corporate books .......... SB 126 Railroads; hauling hazardous materials, caboose required ..................... SB 242 Railroads; security officers, employment qualifications ....................... HB 1323 Railroads, Electric Companies; damage suits for injuries, venue ............. HB 1216 Telephones; automatic dial, recorded message calls, regulate ................. HB 1218 Telephones; local companies urged to be competitive .......................... SR 93 Telephones; regulate automatic dial, recorded message calls ................... HB 790 Telephones; switch-on service charges, requirements.......................... SB 298

PUBLICATIONS; Libel actions, retractions, court procedure................... SB 77

PULASKI COUNTY; Sheriff, deputy, cost of living increases ................ HB 1328

PURSLEY, NORMAN B., DEVELOPMENTAL CENTER; Gracewood State School and Hospital, redesignate...................................... HR 524

PUTNAM COUNTY Chief Magistrate and Clerk; compensation .................................. SB 407 Education Board; compensation and per diem .............................. HB 1796 Education Board; compensation, provide office of vice chairman ............... SB 603

Q
QUALITY BASIC EDUCATION ACT (See Education) QUIGG, ANNIE MAE; Congratulate 90th birthday ............................ SR 477 QUITMAN COUNTY
Industrial Development Authority; continue in force ........................ HB 1404 Superior Court Clerk; compensation ....................................... HB 1848
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2437

R

RABUN COUNTY; Commissioners, selection of chairman ................... HB 2052

RACCOON FUR SELLERS; Licensing, change annual fee ................... HB 846

RAGLIN, REVEREND M.L.; Honoring....................................... SR 321

RAILROADS

Crossings; relocation, closing, prior public notice ............................. HB 123

Crossings; relocation, prior hearing, notice to public .......................... SB 466

Damage Suits for Injuries; change venue provisions ......................... HB 1216

Hauling Hazardous Materials; caboose required .............................. SB 242

L&N Railroad Atlanta to Chattanooga Lease Study Committee ............... SR 151

Property Conveyance; Chattanooga, Western and Atlantic .................... HR 507

Property Conveyance; Seaboard System Lease, successor to L & N ........... HR 500

Property Conveyance; Southern Railway, modify lease, Fulton County

.HR 512

Rail Line Abandonments Study Committee; create ........................... SR 150

Seaboard System; proposed closing in Ocilla, express objection ................ SR 117

Seaboard System; protest abandonment Sylvester-Pearson segment ............ HR 580

Seaboard System; protest closing, Lynn-Cuthbert segment .................... SR 294

Security Officers; change employment qualifications ........................ .HB 1323

RANDOLPH COUNTY Board of Commissioners; recreate, elections ................................ HB 1847 Development Authority; continue in force .................................. HB 1403 Seaboard System Railroad; protest closing, Lynn-Cuthbert segment. ........... SR 294

REAL ESTATE (Also See Property) Brokers, Salespersons; licensing, qualifications, education ................... .HB 1545 Liens; mechanics', materialmen's, maximum recovery amounts ................ SB 388 Public Property; define, judicial relief, causes of action, proceedings .......... HB 1742 Subdivided Land Sales; revise law, Real Estate Commission, powers .......... HB 1343 Time Share Act; promotional giveaway contests, regulations ................ .HB 1439

REAPPORTIONMENT General Assembly; House districts 28 and 34 .................... HB 181 Maps; Secretary of State print and distribute ............................... HB 787

REAVES, HENRY L., ARENA; Designate, Agricultural Exposition Center . HR 690

RECORDED MATERIALS; Videotapes, unlawful reproduction, sales, penalties ................................................................ HB 1723

RECREATION AND PARKS SOCIETY, GEORGIA; Introduction

Page 584

REDEVELOPMENT POWERS LAW Atlanta; authority to implement........................................... HB 1634 Fulton County; authorized to exercise...................................... HB 1521 Historic Preservation; revitalize business districts, study committee ............ SR 490 Perry, City of; authorized to implement.................................... HB 1641

REDEVELOPMENT; Fulton County Community Improvement Districts, create certain areas, powers ................................................ SB 601

REGENTS BOARD Athletics; urge establish NCAA 5-year curriculum guidelines .................. SR 367 Developmental Studies Programs Study Committee; create, joint .............. SR 389 Handicapped Accessibility Standards; exemptions ............................. SB 20

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2438

JOURNAL OF THE SENATE

REGENTS BOARD (Continued) Public Property; acquisition, Condemnation Commission approval, eminent domain ...................................................... HB 1361 Real Property Inventory; file State Properties Commission................... HB 1888

REGISTER, TOWN OF; Town boundaries ................................. HB 1448

REPUBLICAN NATIONAL CONVENTION; Urge Atlanta 1988 site ............ SR 392

RESIDENTIAL FINANCE AUTHORITY

Housing Authorities; define eligible housing unit............................ HB 1839

Mortgage Subsidy Bond Tax Act; provide repeal after federal action

SB 580

Powers, Duties, Membership; amend various Code provisions ................. SB 420

RESPIRATORY CARE PRACTICES ACT Licensing ................................................... SB 32 Regulate Profession; licensing .............................................. HB 615

RESTITUTION ORDERS; Child or sexual abuse victims .................... HR 476

RETAIL INSTALLMENT AND HOME SOLICITATION SALES Bad Checks; fee charged by retail seller.................................... HB 1353 Interest Charges; amount authorized on revolving accounts ................... SB 431

RETIREMENT AND PENSIONS Amend Code Title; revisions, corrections, errors. ............................ HB 1214 Appellate Court Judges; retirement age, optional benefits ..................... HB 666 County Juvenile Detention Employees; transfer to state system ............... HB 612 County Probation System Employees; contributions, local systems ............. HB 422 District Attorneys; secretaries, Employees' Retirement System ................. SB 50 Employees' System; director, salary provisions ............................... HB 585 Employees' System; falsified records, penalties............................... HB 296 Employees' System; forfeited leave, elected officials .......................... SB 104 Employees' System; health board employees, counties 550,000................. SB 223 Employees' System; maximum allowance for new members .................. HB 1205 Employees' System; State Patrol continued service after age 55 ............... SB 304 Employees' System; unused leave credit, elected, classified personnel .......... SB 225 Fulton County; health board employees, membership options ................. SB 223 General Assembly Members; creditable service, certain systems. ............... SB 105 Income Tax Exemption; retirement income from any source .................. HB 141 Income Tax; retirement income, increase amount excluded from tax .......... HB 1584 Insurance Commissioner; correct office title................................. HB 1508 Judges, Appellate Court; change mandatory retirement age from 70 to 75 ...... HB 666 Legislative System; abolish effective 1986 ................................... SB 143 Legislative System; increase benefits ........................................ SB 120 Legislative System; service credit provisions ................................. SB 105 Local Systems; investment of funds, conditions, powers...................... HB 1684 Military Service; credit, limitations ........................................ HB 1592 Peace Officers' Annuity and Benefit Fund Study Committee .................. SR 174 Peace Officers' Benefit Fund; increase annuity payments, disability benefits . . . . HB 365 Probate Court Judges Fund; date for payment, portion of fees collected ....... SB 342 Probate Court Judges; benefits ............................... SB 4 Public Retirement Systems; military credit limitations....................... HB 1592 Public School Employees; benefits ......................... SB 124 Public School Employees; retired, health insurance plan, CA .................. SR 375 Public School Employees; retirees, health insurance coverage, dependents ... HB 1693 Public School Employees, Retired; provide health insurance program .......... HR 125 Retired Teachers' Day; designate in November ............................. HB 1147

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RETIREMENT AND PENSIONS (Continued) Sheriffs Fund; clarify death benefits provisions .............................. HB 828 Sheriffs Fund; fees for civil actions to fund, partial service benefits ........... HB 318 State Systems; consolidate boards, create study committee, joint .............. SR 366 Superior Court Clerks Fund; benefits, spouse provisions ...................... SB 109 Superior Court Judges; creditable service, 8 years to vest ..................... SB 103 Superior Court Judges; retirement, change mandatory age from 70 to 75 ..... HB 355 Superior Court Judges; spouse, cost-of-living benefits......................... HB 152 Superior Court Judges; spouse's benefits .................................... HB 397 Superior Court Judges; spouse's benefits .................................... SB 180 Superior Court Judges; spouse's benefits .................... SB 174 Tax Commissioners; ineligible, State Employees' System...................... HB 417 Teachers Retirement Nominating Committee; meeting provisions .............. HB 294 Teachers; average compensation, change computation ........................ HB 251 Teachers; contributions, exclude appropriations to State Education Board.... HB 1570 Teachers; falsified records, penalties ............................. HB 293 Teachers; maternity leave credit............................................ HB 186 Teachers; maximum allowance for new members ............................ HB 1209 Teachers; membership not mandatory, elderly persons........................ HB 259 Teachers; military service credit............................................ HB 779 Teachers; minimum monthly benefits, postretirement adjustment.............. HB 338 Teachers; reestablish membership, out-of-state teaching service ................ HB 67 Teachers; reinstatement provisions ......................................... HB 416 Teachers; secretary-treasurer, salary set by law .............................. HB 585 Teachers; supplemental appropriation to system ............................ HB 1140 Teachers; transfer of credit from employees' system, certain cases ............. HB 391 Teachers; transfers from employees' system limited .......................... SB 206
REVENUE AND TAXATION Ad Valorem Tax; agricultural preferential assessment, penalties, illness ....... HB 1412 Ad Valorem Tax; appeals, written objection to assessors, proper notice......... HB 595 Ad Valorem Tax; certain new homeowners exempt nonpayment penalty....... HB 1785 Ad Valorem Tax; collectors, payment and reports of collections to county ...... SB 209 Ad Valorem Tax; county tax digest approval, amount of property on appeal..... HB 80 Ad Valorem Tax; county tax digests, approval prohibited, appeals pending .... HB 214 Ad Valorem Tax; disabled veterans, homstead exemptions .............. SB 408 Ad Valorem Tax; driver education vehicles in schools, provisions .............. SB 474 Ad Valorem Tax; exempt certain tangible personal property, referendum...... HB 1658 Ad Valorem Tax; payment checks made to office, exempt Fulton County. ..... SB 273 Ad Valorem Tax; penalties, utilities, airlines, exempt certain homesteads...... HB 1539 Ad Valorem Tax; records confidential except in court cases .................... HB 80 Agricultural Property; preferential assessment, penalties, illness cases ... HB 1412 Alcoholic Beverage Sales; hotels, service in room, licensing................... HB 1386 Bond Proceeds; general obligation, reimburse State Construction Fund......... SR 427 Cigars; reduce rate imposed on wholesale cost price .......................... HB 775 Consolidated Governments; levy motor fuel tax, certain purposes .............. SB 265 Construction Fund, State; create, sinking fund investments, bond proceeds .... SR 427 Counties; business license fee, tax, levy in unincorporated areas authorized .... HB 477 Counties, Municipalities; incur limited short-term debt, certain cases ....... SR 12 Debt Sinking Fund Investments; change criteria, State Construction Fund ..... SR 427 Development Districts; ad valorem tax incentives, procedure ................. .HR 718 Driver Education Vehicle in Schools; definitions, ad valorem tax .............. SB 474 Financial Institutions; taxation provisions, rates, state and local taxes...... HB 649 Gift Tax, Federal Estate; marital trusts, investment rights ................... HB 1149 Homestead Tax Exemption; disabled wartime veterans ....................... HB 509
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2440

JOURNAL OF THE SENATE

REVENUE AND TAXATION (Continued)

Income Tax; additional exemption for certain elderly persons

HB 12

Income Tax; changed net income, notification and recoupment provisions HB 1584

Income Tax; child support, set off debt collection

SB 241

Income Tax; dependent care assistance costs, exclude from net income

HB 216

Income Tax; depreciation, cost recovery, federal income

SB 277

Income Tax; exclusion for elderly, disabled, civil fraud penalty ................ HB 408

Income Tax; refund debt collection setoff include student loans

HB 1464

Income Tax; retirement income exclusion

HB 1584

Income Tax; retirement income exempt from taxation ........................ HB 141

Income Tax; returns, request Commissioner coordinate state and federal

SR 285

Income Tax; urge U.S. amendment, deductions on bond interest, tax paid

SR 462

Income Tax, Federal; urge deduction of state, local taxes

HR 597

Intangibles, Restricted Foreign; insurance companies' property,

foreign country ........................................................ HB 1273

Motor Fuel Tax; consolidated governments levy, certain purposes

SB 265

Motor Vehicle Registration; staggered tag sales, authorized, prorated fees

SB 96

Motor Vehicle Registration; staggered tag sales, counties over 100,000

SB 97

Motor Vehicle Registration; staggered tag sales, authorized by local law

HB 1317

Oxygen Sales; prescribed, exempt sales and use tax ......................... HB 1445

Property Tax Appeals; written objection to assessors deemed proper notice . HB 595

Revenue Sharing; law enforcement programs, study committee, joint

SR 324

Revenue Shortfall Reserve; funds held for education, QBE Act................ SB 363

Sales Tax; food stamp or WIC purchases exempt ........................... HB 1362

Sales Tax; hearing aid sales exempt ....................................... HB 1270

Sales Tax; hearing aid sales exempt ........................................ SB 379

Sales Tax; insulin purchased without prescription exempt ................... HB 1297

Sales Tax; local option to finance public facilities ............................. SR 25

Sales Tax; oxygen sales exempt if prescribed ............................... HB 1445

Sales Tax; poultry producers' heating fuel exempt .......................... HB 1294

Sales Tax; special purpose county, change provisions, include sewer projects HB 1469

Schools; local systems, General Assembly provide revenue sources

.HR 509

Tax Assessors Boards; membership requirements ........................... HB 1785

Tax Collectors; annual training requirements ............................... HB 1488

Tax Collectors, Counties; payment and reports of collections .................. SB 209

Tax Commissioners; high school diploma required, exempt those in office HB 1378

Tax Deferral for the Elderly Act; additional homestead tax deferral ........... SB 495

Tax Executions; advertising costs, payment provisions ....................... HB 1350

Tax Officials, Counties; vacancies, procedure for filling ...................... HB 1480

REVENUE SHARING Law Enforcement; local salaries, training, study committee, joint .............. SR 324 Law Enforcement; salaries, training, local, study committee ................... SR 323

REVISIONS TO GEORGIA CODE (See Code of Georgia)

RICHARDS, ROY; Condolences .............................................. SR 528

RICHLAND, CITY OF; Corporate limits ................................. .HB 2008

RICHMOND COUNTY

Business and Tourism; advertising and promotion, continue in force .......... HB 1736

Education Board; compensation of members and officers..................... HB 1838

Garbage, Refuse Facilities; incinerators, bonds, continue in force ............. HB 1737

Gracewood School, Hospital; redesignate, Norman B. Pursley Center .......... HR 524

Ordinances Affecting Police or Sheriff; referendum ........................... HB 835

School Superintendent; term of office, appointed by Education Board

HB 1603

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RISK MANAGEMENT POOLS; Self-insurance programs, counties, cities . SB 369

ROBERTSON, PAUL B.; Commend.......................................... SR 347

ROCHDALE COUNTY Education Board; elections, continue in force ................................ SB 481 School Superintendent; appointment, continue in force ....................... SB 479

ROCKMART; Development Authority, continue in force ..................... HB 2007

ROME, CITY OF; Homestead exemption, independent school district, referendum.............................................................. HB 1820

ROQUEMORE, HELEN D.; Eastern Star, commend ........................... SR 517

ROSSVILLE, CITY OF; Tax assessor office, abolish ........................ HB 1889

ROSWELL, CITY OF; Councilmen, Mayor, vacancies in office ............... HB 1654

ROWLAND, CONGRESSMAN ROY; Introduction .......................... Page 887

RURAL ECONOMIC DEVELOPMENT LAW; Enact, advisory

board, APDCs coordinate

......... SB 294

RURAL REHABILITATION COMMITTEE; Duties within Georgia Development Authority................................................... HB 1686

RUSSELL, ERK; Commend ................................................. SR 327

SAFETY BELTS (See Seat Belts or Motor Vehicles)
SALES REPRESENTATIVES; Contract with principal, termination, commission due, civil liability .............................................. SB 292
SALES TAX (Also See Revenue and Taxation) Food Stamp or WIC purchases; exempt.................................... HB 1362 Hearing Aid Sales; exempt................................................ HB 1270 Hearing Aids; exemption .................................................. SB 379 Insulin; Purchased without prescription exempt............................. HB 1297 Local option to finance public facilities ...................................... SR 25 Oxygen Sales; prescribed, exempt sales and use tax ......................... HB 1445 Poultry Producers' Heating Fuel; exemption................................ HB 1294 Special Purpose County; change provisions, include water, sewer projects . . HB 1469
SALTER, REVEREND ISAAC FRANKLIN; Commend ........ SR 410
SAPELO ISLAND HERITAGE AUTHORITY; Hog Hammock Community, property transactions..................................................... HB 1938
SAVANNAH STATE COLLEGE; Commemorative license plates, issued ...... SB 424
SAVANNAH, CITY OF Bonds; street, drainage improvements, no referendum, continue in force .... HB 1646 Bonds; street, drainage improvements, no referendum, continue in force ...... HB 1645 Corporate Limits; taxes and charges, annexed areas ........................ .HB 1792 Downtown Savannah Authority; continue in force ........................... HB 1647 Education Board; ad valorem tax exemption, continue in force . . . .......... .HB 1563 Historic District; freeze ad valorem tax assessment.......................... HB 1434 Historic Zones; continue in force ......................................... .HB 1968
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2442

JOURNAL OF THE SENATE

SAVANNAH, CITY OF (Continued) Hussars of Georgia; 250th anniversary, commend ............................ SR 282 Savannah Airport Commission; continue in force............................ HB 1648 Transit Authority; repeal, create Chatham Area Transit Authority............ HB 1699
SAVINGS AND LOAN ASSOCIATIONS; Financial institutions, currency transaction reports required ....................................... SB 330
SAWYER, BARBARA ANN ROZIER; Compensate......................... HR 643
SCHLEY COUNTY; Forestry Commission, transfer ownership of structure . .... HR 770
SCHOOL BUSES Drivers; compensation, increase minimum salaries........................... HB 1662 Drivers; driver's license records, released to schools ........................ SB 45 Drivers; health insurance plan, retired former employees, CA ................. SR 375 Exhaust System Requirements; change..................................... HB 1463 License Plates; county name decals required................................ HB 1357 Seat Belt Study Committee; create ........................... SR 422 Unlawful Passing; violation reporting procedures............................ HB 1347 Used for Other Purposes; certain cases..................................... HB 1560
SCHOOLS (Also See Education or Colleges and Universities) Beer, Wine Sales; prohibited near schools, exceptions, distances ............... SB 364 Disciplinary Tribunals; change provisions ...................... SB 58 Disciplinary Tribunals; change time for appeals............................. HB 1276 Disciplinary Tribunals; exempt primary grade children ...................... HB 1561 Driver Education Vehicle; provisions, ad valorem taxation .................... SB 474 Employees; retirees, health insurance coverage, dependents .................. HB 1693 Food Service Personnel; sick leave provisions ............................. SB 438 Lunch Program; federal support, oppose elimination ......................... SR 220 Prayer, Voluntary Silent; urge U.S. Constitutional Amendment................ HR 517 Property; no longer needed, lease provisions ................................ HB 1208 Retired Employees; provide health insurance program ........................ HR 125 Retired Former Employees; health insurance plan, CA ....................... SR 375 Revenue Sources; local systems, procedures by General Assembly.............. HR 509 Students; out-of-state transfers, eligible extracurricular activities ............. HB 1163 Teachers; certificated personnel, sick leave, cross reference other laws......... HB 1441
SCOTT, AMY; National 4-H Championship, commend ......................... SR 297
SCOUTS; Girl Scout Gold Award Recipients, commend ........................ SR 387
SCREVEN COUNTY; Motor vehicle registration, staggered tag sales, referendum.............................................................. HB 1997
SEAT BELTS Motor Vehicle; requirements, children, emission inspection fees .............. HB 1321 Motor Vehicles; requirements for children................................... SB 485 Motor Vehicles; use required when moving ................................ SB 76 School Buses; study committee, create ...................................... SR 422 Trucks; owner's name displayed, auto safety belts required certain cases ....... HB 555
SECRETARY OF STATE Cemeteries; regulations, procedures ........................................ HB 1460 Charities, Professional Fund Raisers; name registration, fees, reports ......... HB 1438 Communications from ....................... Pages 80, 122, 292, 521, 836, 1137, 1540 Congressional Candidates; affidavits ......................................... SB 69 Corporations; filing, duties, requirements, fees .............................. HB 1296 Elections; candidate qualifications, delete duty to determine ................... SB 67
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SECRETARY OF STATE (Continued) Elections; notices, advertisements, training sessions .......................... SB 296 Examining Boards; records system, file on all licensees ...................... HB 1435 Local Acts with Referendum; copy sent to local government affected .......... HB 787 Maps; General Assembly, Congressional Districts, print, distribution ........... HB 787 Medical Examiners Board; powers, duties, disciplinary action, physicians....... SB 497 Microform Standards, State Documents; state records ........................ SB 352 Public Property Inventory; transfer duties to Properties Commission ......... HB 1888 Securities; powers and duties, regulation of dealers.......................... HB 1169 Subdivided Land Sales Transactions; regulated by Real Estate Commission . HB 1343
SECURED TRANSACTIONS; Court fees, documents filed ................. HB 1644
SECURITIES Commercial Code; secured transactions financing statements ................. HB 1364 Corporate Takeovers; repeal Code chapter.................................. HB 1278 Dealers; regulations, commissioner's powers................................. HB 1169
SENATE Committee on Corrections; Senator Ray act as chairman ................... Page 196 Committee on Education; report on Governor's appointee................... Page 455 Committee on Human Resources; Senator Hine act as chairman .... Pages 235, 1432 General Assembly; members, four-year terms .................................. SR 5 House Convened; notify Senate ........................................... .HR 454 Morning Roll Calls.......... Pages 14, 39, 46, 60, 72, 125, 143, 170, 201, 240, 290, 330, 369, 397, 477, 523, 564, 605, 668, 729, 838, 868, 1005, 1074, 1138, 1206, 1299, 1361, 1438, 1551, 1780, 1992 Permission to introduce legislation, same subject matter .................... Page 322 Research Office and Legislative Counsel; commend ........................... SR 529 Rules; adopt....................................................... SR 275 Senate Convened; notify House, January 13, 1986 ................. SR 276 Senator Donn Peevy; excused ............................................ Page 126 Senator James W. Tysinger; excused from voting on HB 1584.............. Page 1894 Senator James W. Tysinger; excused...................................... Page 291 Senator Kyle Cobb; excused .............................. Pages 478, 805, 908, 1459 Senator Tom Allgood; excused from voting on HB 1330 ................... Page 1055 Standing Committees; appoint subcommittee of Children and Youth.......... Page 22
SENIOR CITIZENS (See Elderly)
SENTENCE Criminal Cases; judge's power to change, time limitations.................... HB 1154 Criminal Cases; presentence investigation, copy of report to defendant......... SB 374 Criminal Cases; presentence investigations, reports to defendant .............. SB 358 Criminal procedure; death penalty by lethal injection ........................ HB 848 Criminal procedure; judges panel sets minimum time, capital cases ........... SB 52 Death Penalty Case; offender under 18 years, procedure prior to sentencing ... SB 468 Death Penalty; prohibited, persons under 18 years of age ..................... SB 361 First Offenders; court review defendant's eligibility. .......................... SB 442
SEWERAGE Septic Tank Discharge; wastewater into public systems unlawful ............. HB 1424 Septic Tank Installation; county health boards set standards................. HB 1465
SEXUAL OFFENSES Child Victim Cases; urge personnel training development .................... .HR 477 Child Victims; urge courts order restitution ................................. HR 476 Criminal Records; court clerk supply to GBI, repeal requirement........... SB 448
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2444

JOURNAL OF THE SENATE

SEXUAL OFFENSES (Continued)

Hearsay Evidence; child testimony on sexual, physical abuse allowed .......... HB 289

Minors; exploitation, reports by print medium processors

SB 79

Sentence; judge's panel sets minimum time to serve, capital cases .............. SB 52

Sodomy, Aggravated; bail limitations ....................................... SB 344

SHAHEEN SHAHEEN; World Carpets, Inc., commend ........................ SR 503

SHERIFFS (Also See Courts)

Arrest; use of deadly force provisions, felons, escapees

HB 1363

Compensation Study Committee; create

SR 453

Minimum Salaries; fees for service in other courts

SB 419

Qualifications; annual in-service training requirements

HB 344

Retirement Fund; civil actions, fees to fund, benefits for partial service

HB 318

Retirement Fund; death benefits ........................................... HB 828

SLOSHEYE TRAIL BIG PIG JIG; Barbecue champion, commend

SR 359

SMALL BUSINESSES IN GEORGIA STUDY COMMITTEE; Create

SR 291

SMITH, DR. W.K., HIGHWAY; Designate, Bryan County

SR 339

SMITH, MALCOLM; Commend ........................................... SR 461

SMITH, R. GLENN; Compensate........................................... HR 481

SMOKE DETECTORS; Required, new residential construction

SB 554

SMYRNA, CITY OF

Downtown Development Authority; continue in force......................... SB 446

Homestead Exemption; ad valorem taxes, certain residents .................. HB 1856

Homestead Exemption; ad valorem taxes, disabled residents

HB 1855

Independent School System; continue in force ............................... SB 467

Mayor and Council; salary ................................................. SB 386

SOCIAL SECURITY ACT; Benefit levels, urge Congress eliminate disparity HR 578

SOCIAL SERVICES (Also See Human Resources or Domestic Relations)

AFDC Payments; job training income, summer program jobs not deducted HB 2001

Child-Care Agencies, Facilities; licensing, restrictions ........................ HB 1225

Child-Care Facilities; emergency powers, monitors, resident relocation

HB 1262

Children's Programs; supervisory personnel, criminal record check ............ HB 1261

Community Care Services; agencies authorized to serve....................... SB 233

Criminal Records Checks; prospective DHR employees, procedures

HB 1421

Employment Training; community work programs, PEACH, AFDC recipients HB 136

Employment, Community Help Program, PEACH; AFDC recipients participate SB 465

Food Stamp or WIC Purchases; exempt from sales tax ...................... HB 1362

Juvenile Delinquency Prevention Committee; community alternatives

to detention ............................... SB 546

Juvenile Felons; eligible, youth development services, case review at age 17 SB 308

Medicaid eligibility; homestead of elderly nursing home resident .............. SB 198

Medicaid; eyeglass program, urge use of in-state providers .................... SR 197

Medicaid; nursing homes, semiprivate, supplemented private rooms........... HB 1330

Missing Children Information Center; create within GBI. ................... HB 1263

Personal Care Homes; criminal record check fees, establish .................. HB 1420

Vocational Rehabilitation; vending facilities operated by blind

SB 106

SODOMY, AGGRAVATED; Bail limitations ................................ SB 344

SOIL AND WATER CONSERVATION; Executive director, salary set by law ................................................................... HB 585

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INDEX

2445

SOLICITORS; State Courts, residency requirements .......................... SB 370

SOPERTON, CITY OF; City Council, elections, districts ..................... SB 290

SOUTH AFRICA; Nelson Mandela, urge release .............................. HR 502

SOUTHERN STATES CORRECTIONAL ASSOCIATION; Commend .......... .HR 544

SOVEREIGN IMMUNITY; Municipalities, immunity provisions, certain liability insurance ................................................. HB 1471

SPALDING COUNTY Coroner; compensation ................................................... HB 1961 Homestead Exemption; certain elderly residents, referendum.................. SB 581 Motor Vehicle Registration; staggered tag sales, referendum.................. HB 1942 Probate Court; judge, nonpartisan election .................................. SB 142

SPEECH PATHOLOGY; Speech Pathology and Audiology Examining Board,

licensing

.............................. HB 112

ST. JOSEPH HOSPITAL, AUGUSTA; Sisters of Carondelet, commend ......... SR 481

ST. MARYS, CITY OF; Corporate limits, change ........................... HB 1513

STAGGERED TAG SALES (Also See Motor Vehicles and Traffic) License Plates; staggered sales, authorized counties over 100,000, decals......... SB 97 License Plates; staggered sales, authorized, prorated fees ...................... SB 96 License Plates; staggered tag sales authorized in counties by local law ........ HB 1317 License Plates; staggered tag sales, Banks County........................... HB 1994 License Plates; staggered tag sales, Barrow County.......................... HB 2004 License Plates; staggered tag sales, Bibb County ............................ HB 1924 License Plates; staggered tag sales, Bulloch County ......................... HB 1957 License Plates; staggered tag sales, Burke County........................... HB 1850 License Plates; staggered tag sales, Camden County ......................... HB 2050 License Plates; staggered tag sales, Columbia County........................ HB 1980 License Plates; staggered tag sales, DeKalb County ........................ .HB 1841 License Plates; staggered tag sales, Dougherty County ....................... HB 2027 License Plates; staggered tag sales, Douglas County ......................... HB 1923 License Plates; staggered tag sales, Effingham County ....................... HB 1966 License Plates; staggered tag sales, Glynn County........................... HB 1975 License Plates; staggered tag sales, Gordon County ......................... HB 2005 License Plates; staggered tag sales, Gwinnett County ........................ HB 1956 License Plates; staggered tag sales, Hall County, referendum ................. HB 1905 License Plates; staggered tag sales, Henry County........................... HB 1606 License Plates; staggered tag sales, Jackson County ........................ .HB 1993 License Plates; staggered tag sales, Jenkins County ......................... HB 1828 License Plates; staggered tag sales, Lumpkin County ........................ HB 2061 License Plates; staggered tag sales, Muscogee County ....................... HB 1851 License Plates; staggered tag sales, Polk County ............................ HB 1978 License Plates; staggered tag sales, Screven County ......................... HB 1997 License Plates; staggered tag sales, Spalding County ........................ HB 1942

STATE AGENCIES Debts; uncollectible, procedures ........................................... HB 1536 Microform Standards; State Records Committee establish .................... SB 352 Rules; general assembly override powers .................................... SB 406

STATE CAPITOL; Newton, Louie DeVotie, authorize portrait in Capitol building. ................................................................ .HR 720

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2446

JOURNAL OF THE SENATE

STATE CONSTRUCTION FUND; Create ................................. SR 427

STATE COURTS Judges; delete provision for nonpartisan election ............................. SR 182 Juries; composition, procedure, certain cases ...... SB 48 Solicitors; residency requirements .......................................... SB 370

STATE DEFENSE FORCE; Georgia State Guard, name changed ............. HB 565

STATE DEPOSITORY BOARD; Local government investment pools, approved public bodies use ............................................... HB 1349

STATE EMPLOYEES (Also See Public Officers and Employees)

Auditor and Certain State Officials; increase salary.......................... HB 1550

Campaigns, Political; illegal use of employees, investigations ................... SB 261

Child Care Facilities; establish pilot project, fees ............................. SB 306

Counseling Assistance Program; establish ................................... SB 418

Departments, Authorities; executive heads, ethics, disclosure reports

HB 1286

District Attorneys; assistants, state salary .................................. HB 1277

Expense Allowances; mileage reimbursement for travel ...................... HB 1348

Financial Disclosure Statements; required of department, authority heads

SB 382

Law Enforcement Officers; injured on duty, salary while recuperating .......... SB 322

Law Enforcement Officers; minimum salaries, certain cases ................... SB 480

Merit System Unclassified Service; Personnel Board approve.................... SB 8

Oath of Office; change language, holding office of trust ....................... SB 347

Pilots, Transportation Department; no employment after 65 years of age....... SB 562

Political Activities; participation authorized off-duty ......................... SB 305

Retirement System; maximum allowance for new members. ................. HB 1205

Retirement, Pension Boards; consolidation, study committee, joint............. SR 366

STATE GOVERNMENT Agencies, Departments; uncollectable debts, procedures...................... HB 1536 Agency Rules, Proposed; General Assembly veto power ........................ SR 46 Appropriations; general FY 1986-87........................................ HB 1300 Appropriations; supplemental FY 85-86 .................................... HB 1259
Appropriations; supplemental FY 85-86, certain agencies, bonds, capital outlay.......................................................... HB 1140
Arts and Humanities Council, State; redesignate as Council for the Arts .... SB 428 Asbestos, Hazardous Materials Removal; liability insurance fund, state
agencies............................................................... HB 1953 Asbestos, Public Buildings; create agency, removal hazardous materials ....... HB 1952 Auditor, Certain State Officials; increase salary ............................. HB 1550 Audits Department; G. W. Hogan elected state auditor ...................... HR 458 Audits, Local Governments; requirements, procedures, state grants ............ HB 858 Claims Advisory Board; Corrections Commissioner serve, quorum............. HB 1314 Construction Fund; create, sinking fund investments, bond proceeds, CA....... SR 427 Debt; authorized to finance local water, sewerage facilities ................... .HR 363 Department Heads; salary set by law, certain agencies........................ HB 585 Elected Officials; indicted, convicted, suspension and salary provisions ........ HB 1287 Expense Allowances; mileage reimbursement for travel ...................... HB 1348 Federal Grant Programs; authorize agreements with other states to facilitate ... SB 429 Financial Disclosure Statements; agency, authority heads, requirements ........ SB 382 Funds; excess received, General Assembly control ............................. SR 42 General Assembly; veto of proposed agency rules ............................. SR 46 Georgia Development Authority; recreate, powers, agriculture loans ........... HB 1686 Governmental Liability Commission; re-create, joint.......................... SR 338

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INDEX

2447

STATE GOVERNMENT (Continued) Insurance; state, local bodies, self-insurance, risk pooling ................ SB 440 Local Government Investment Pools; approved public bodies may use ........ HB 1349 Local Governments; audit requirements, procedures for state grants ........... HB 858 Mental Health; separate from Retardation and Developmental Disabilities ..... SB 176 Merit System; Commissioner appointed by Personnel Board .................... SB 1 Merit System; definitions, interdepartmental transfers ........................ HB 788 Microform Standards; State Records Committee establish .................... SB 352 Officials, Elected; federal indictment, suspension, no compensation ............ HR 505 Properties Commission; inventory, transfer duties ........................... HB 1888 Property; inventory by DOAS, items over $500, any listed by agencies ........ HB 1573 Public Funds; credit unions, investments, deposits ........................... HB 648 Public Officials; vacancies in office, procedures.............................. HB 1501 Public Property; causes of action, proceedings, judicial relief ................. HB 1742 Public Property; Condemnation Commission, create, eminent domain powers . . HB 1361 Retirement and Pension Boards; consolidation study committee, joint ......... SR 366 Revenue Shortfall Reserve; funds held for education, QBE Act ............ SB 363 State Agencies; rules, general assembly override powers. ...................... SB 406 Transportation Department Pilots; employment discontinued at 65 years of age ............................... SB 562 Transportation Department; contracts, bidding procedures .................... SB 148
STATE PARKS; Hunting, trapping allowed, restrictions, prior permission ... HB 1325
STATE PATROL (Also See Public Safety Department or Law Enforcement) Disciplinary Board; change composition ..................................... HB 460 Recruits and Cadets; clothing allowance, peace officer authority .............. HB 1843
STATE PROPERTIES COMMISSION (Also See Property Conveyances) Public Property Acquisition; Condemnation Commission approval, eminent domain ............................................................... HB 1361
STATE TOLLWAY AUTHORITY; Federal contributions .................. HB 1713
STATESBORO, CITY OF Downtown Statesboro Development Authority; continue in force ............. HB 1904 New Charter; create...................................................... HB 2000
STEINFELD, DR. JESSIE; President, Medical College of Georgia, introduction ............................................................ Page 259
STEPHENS COUNTY Commissioners; chairman and members, compensation ...................... HB 1999 Development Authority; continue in force .................................. HB 1531
STEWART COUNTY Bridge Construction, Chattahoochee River; authority, continue in force ....... HB 1407 Education Board; election of members, continue in force .................... HB 1405 Electrical System; authority, continue in force ............................. .HB 1406 Industrial Development Authority; continue in force ........................ HB 1409 Natural Gas System; authority, continue in force ........................... HB 1408
STEWART, JAMES H.; Commend.................... SR 445
STONE MOUNTAIN JUDICIAL CIRCUIT; Additional judge ............ .HB 1156
STONE MOUNTAIN MEMORIAL ASSOCIATION; Real property inventory, file State Properties Commission ................................ HB 1888
STUDENTS; Public opinion interviewers, part-time, ineligible unemployment benefits .................................................... SB 584
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2448

JOURNAL OF THE SENATE

STUDY COMMITTEES (See Committees, Study)
SULLIVAN, DR. LOUIS W.; Morehouse, commend ............................ SR 331
SULLIVAN, JOHN; Commend. .................... SR 363
SUMMERTOWN, CITY OF; Corporate limits, charter, incorporation, powers .................................................................. HB 1795
SUMMERVILLE, CITY OF; Corporate limits ............................. HB 1939
SUMTER COUNTY; Public School System, create, merge with City of Americus ............................................................. HB 1206
SUNSET LAW Annexation Authority; City of Marietta ..................................... SB 380 Barbers; State Board; change termination date ............................. HB 1219 Consumers' Utility Counsel; extend termination to 1987 ...................... SB 346 Cosmetology Board; change termination date ............................... HB 1173 Insurance, Fair Access Requirements; extend time of Code Chapter. ......... .HB 1538 Landscape Architects Board; change termination date ....................... HB 1236 Landscape Architects Board; extend termination to 1990 ..................... SB 354 MARTA Overview Committee; extend to 1990 ............................... HR 515 Nursing Home Administrators Board; termination date ...................... HB 1177 Physical Therapy Board; change termination date........................... HB 1175 Psychologists Board; change termination date ............................. HB 1176
SUPERIOR COURTS (Also See Courts or Judicial Circuits) Appalachian Judicial Circuit; change terms, Fannin, Gilmer, Pickens Counties ...................................................... HB 1589 Appeals; trials, time and procedures ........................................ SB 183 Augusta Judicial Circuit; increase to five judges.............................. HB 182 Civil Procedures; fees, costs, filings, office hours ........................... .HB 1644 Clerks; change minimum annual salary...................................... SB 405 Clerks; duties, notification of blasting near underground utilities ............. HB 1489 Clerks; fee for transcripts................................................... SB 93 Clerks; liens, judgments, file name, social security ..................... SB 66 Clerks; required annual training, expense reimbursement ................... HB 1368 Clerks; vacancies in office, appointments, special elections ................... HB 1688 Cobb Judicial Circuit; judges, retirement payments .......................... SB 285 Cobb Judicial Circuit; judges, salary supplement............................. SB 373 Court Administrator; employed in lieu of law clerk............................ SB 24 Habeas Corpus; inmate proceedings held at county penal institutions ......... HB 1751 Judges Retirement Fund; creditable service, 8 years to vest................... SB 103 Judges Retirement Fund; spouse's benefits .................................. HB 397 Judges Retirement Fund; spouse's benefits .................................. HB 152 Judges Retirement Fund; spouse's benefits .................................. SB 174 Judges Retirement Fund; spouse's benefits .................................. SB 180 Judges; education expense reimbursement, secretaries' salaries .............. .HB 1696 Judges; initially appointed, elected after first term, CA ....................... SR 398 Judges; nonpartisan elections, delete provision ............................... SR 182 Judges; retirement, change mandatory retirement age from 70 to 75 ........... HB 355 Judges; secretaries, salary scale............................................. SB 561 Juries; composition, procedure, certain cases ............................ SB 48 Law Clerks; compensation ....................................... SB 83 Lookout Mountain Judicial Circuit; additional judge ......................... HB 335 Northeastern Judicial Circuit; additional judgeship................... SB 186
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INDEX

2449

SUPERIOR COURTS (Continued)

Piedmont Judicial Circuit; additional judge.................................. SB 264

Ports Authority; venue in court actions ..................................... SB 338

Stone Mountain Circuit; additional judge .................................. HB 1156

Superior Court Judges Council; restitution order report, child abuse

HR 476

Trials; order changed if elderly person is party .............................. SB 173

SUPREME COURT

Attorneys; law practice applicants, fingerprint check, criminal record

SB 312

Justices; initially appointed, elected thereafter, CA........................... SR 398

Probate Courts; appeals, jury trials, counties over 100,000 .................... SB 430

Rule-making Powers; General Assembly enactment paramount ............... HR 525

SURVEYORS; County surveyors, private practice prohibited without State license ............................................................. SB 348

SUTHERLAND, J. E.; Poultry producer, commend ......... SR 432

SUTTER, DR. LUTHER ONEAL; Commend ................................. SR 293

SWIMMING FACILITIES; Public, lifeguards required ....................... SB 81

SWIMMING POOLS; Vehicles transporting certain swimming pools, annual permit ................................................................... SB 535

SYLVESTER, CITY OF City Council; election districts ............................................. HB 193 Seaboard System Railroad; urge ICC deny abandonment .................... HR 580

TALBOT COUNTY; Sheriff; deputy, compensation ......................... HB 1502
TALLAPOOSA GARDEN CLUB; Commend .................................. SR 483
TALLAPOOSA; Development Authority; continue in force ................... HB 1890
TANDEM TRAILERS ACCESS TO PUBLIC ROADS; Joint study committee................................................................ HR 465
TATTNALL COUNTY Beasley, John C., Bridge; designate over Altamaha River ..................... SR 436 Education Board; compensation of members ................................ HB 1494
TAX COLLECTORS, COMMISSIONERS Ad Valorem Tax; payment and reports to county on collections ............... SB 209 Annual training requirements ............................................. HB 1488 County Tax Assessors Boards; number of members required ................. HB 1785 Qualifications; education requirement, exempt those in office................. HB 1378 Retirement; ineligible for State Employees' System .......................... HB 417 Tax Payment Checks Payable to Office; exempt Fulton County ............... SB 273 Vacancies in Office; procedure for filling ................................... HB 1480
TAX EXECUTIONS; Advertising costs, sales, payment provisions ............ HB 1350
TAXATION (See Revenue and Taxation)
TAXIDERMISTS; Furbearers legally taken, mounting, selling authorized...... HB 1326
TAYLOR, JUDY; Commend .................................. SR 535
TEACHER OF THE YEAR, 1986; Brenda G. Opie, commend .................. SR 475
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2450

JOURNAL OF THE SENATE

TEACHERS Annual Leave; education leave not forfeit accumulated leave .................. HB 345 Certification; procedures, testing ........................................... SB 483 Health Insurance; local boards, contributions, coverage determination.......... SB 443 Retired Teachers' Day; designate 3rd Week November ...................... SB 357 Retired Teachers' Day; designate 3rd Sunday in November ..................HB 1147 Sick Leave; accumulation provisions ........................................ SB 238 Sick Leave; certificated personnel, cross reference other laws................. HB 1441 Termination, Reprimand; notices required, rights ............................ SB 478 Witness Leave; authorized when subpoenaed to testify in court .............. HB 1416
TEACHERS RETIREMENT Benefits; minimum monthly; postretirement adjustment ...................... HB 338 Computation of Average Compensation; change provisions .................... HB 251 Contributions to System; exclude appropriations to State Board.............. HB 1570 Employees' Retirement System; transfers limited ............................ SB 206 Falsified Records; penalties ................................................ HB 293 Maternity Leave; creditable service, actuarial cost former teachers............. HB 186 Maximum Allowance; new members ....................................... HB 1209 Membership Not Mandatory; certain persons 60 years of age ................. HB 259 Membership; reestablish, out-of-state teaching credit .......................... HB 67 Military Service Credit .................................................... HB 779 Nominating Committee; meeting provisions.................................. HB 294 Reinstatement Provisions .................................................. HB 416 Transfer of Credit; from Employees' System, certain cases .................... HB 391
TELEPHONES, TELEGRAPH SERVICE Emergency Medical Services; regional systems, 911 number ................... SB 400 Local Telephone Companies; urged to be competitive ......................... SR 93 Rural Cooperatives; sale of satellite television systems unlawful ............... HB 639 Telephones; automatic dial, recorded message calls; regulate .................. HB 790 Telephones; automatic dial, recorded message calls; regulate ................. HB 1218 Telephones; switch-on service fees, requirements ............................. SB 298
TELEVISION Cable System Franchise; repair service required for license ................... SB 300 Satellite Systems; sale by electric membership corporations prohibited ......... HB 639
TELFAIR COUNTY County Officers; ineligibility to hold office, continue in force ................. HB 1815 Officials; ineligible to serve, certain cases, continue in force ................... SB 568 Officials; more than two terms prohibited, continue in force................... SB 567
TEMPORARY HELP SERVICES WEEK; Designate .......................HR 809
TESCH, TAMI, MISS GEORGIA USA; Recognize............................ SR 513
TEXTILE APPAREL INDUSTRY; Grafted With Pride in USA Logo; encourage use ............................................................ SR 433
THOMAS, CHRISTA; National 4-H Championship, commend .................. SR 301
THOMAS, CONGRESSMAN LINDSAY; Introduction ....................... Page 844
THOMAS, LYNDA; National 4-H Championship, commend .................... SR 300
THOMPSON, LARRY; Former U.S. Attorney, commend ....................... SR 495
THOMSON HIGH SCHOOL BULLDOGS FOOTBALL TEAM; Commend ...... SR 506

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INDEX

2451

TIFT COUNTY Board of Commissioners; composition, districts, elections, sessions ............ HB 1913 Board of Education; composition, districts, elections, qualifications ........... HB 1914 Seaboard Railroad; protest Sylvester-Pearson abandonment................... HR 580

TIFTON, CITY OF; Municipal elections, change date ....................... HB 1252

TILLMAN, MARK; National 4-H Championship, commend .................... SR 298

TIMBER SALES; Reforestation Incentives Program, establish, wood load ticket requirements ................................................... SB 412

TIME SHARE ACT; Promotional giveaways or contests, advertising requirements, rules....................................................... HB 1439

TOBACCO PRODUCTS; Cigars, excise tax, reduce rate imposed on wholesale price ........................................................ HB 775

TOLLWAY AUTHORITY, STATE; Projects, self-liquidating, federal funds added in determination.................................................... SB 564

TOOMBS COUNTY Commissioners; change compensation ...................................... HB 1582 State Court; compensation, judge, solicitor, clerical assistance ................ HB 1756

TOORCHEN, JON; Artist, "Courthouse Museum in Cleveland" ................. SR 388

TORT REFORM

Attorney's Fees; civil practice provisions, limitations ......................... SB 434

Civil Practice; relief from judgments ........................................ SB 457

Damages; court powers to modify, disclosure, insurer requirements .......... .HB 1186

Frivolous Court Actions; award of attorney's fees and expenses................ SB 371

Frivolous Court Actions; award of attorney's fees, court costs .....

.HB 1146

Governmental Liability Commission; re-create, joint.......................... SR 338

Insurance; counties, cities, joint programs, risk management pools ............. SB 369

Insurance; reports of reserves, liabilities required ............................ SB 384

Medical Malpractice Awards; urge state board investigate complaints .......... SR 382

Medical Malpractice; potential action, limitations, appointment of guardian . . . . SB 459

Motions, Pleadings; attorney signature required, attests good faith, sanctions . . . SB 385

TORTS Damages; awards, court powers, disclosure, insurers ......................... HB 1186 Defense of Habitation or Property; justified, no liability, certain cases ......... SB 489 Libel Actions; retraction by publications, evidence ............................ SB 77 Medical Malpractice; judgment, disclosure to Examiners Board, investigation . HB 1316 Railroads, Electric Companies; damage suits, venue ......................... HB 1216 Sales, Manufacturers' Representatives; contract termination, civil liability ...... SB 292 Swimming facilities; public, lifeguards required ............................... SB 81

TOURISM; Historic Preservation, business districts, study committee, create. . . . SR 490

TRAFFIC OFFENSES Accidents; reckless driving, duties of drivers ..................... SB 89 Challenges to Conviction; time to file, procedures ........................... HB 1351 Court Clerk; fees for forwarding records ................................... HB 1644 Court Clerks; retain fee for forwarding records ............................. HB 1602

TRAFFIC (See Motor Vehicles and Traffic)

TRAMMELL, LINDWARD; Commend ....................................... SR 444

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2452

JOURNAL OF THE SENATE

TRANSPORTATION BOARD, STATE Election of Brad Hubbert ...................................... Pages 108, 109, 110 Election of Downing Musgrove ..................................... Pages 22, 23, 24 Election of Max Goldin ............................................ Pages 110, 111
TRANSPORTATION (Also See Highways or Public Utilities and Transportation) Commissioner; salary set by law ............................................ HB 585 Condemnation of Public Property Commission; create, eminent domain powers ................................................ HB 1361 Contracts; highway projects, bidding procedure .............................. SB 148 Contracts; one bid received, procedures ..................................... HB 705 Designate Antebellum Trail; via Athens, Milledgeville and Macon .............. SR 31 Designate bridge at Powder Springs for Colonel Mancel Newman ............ HR 330 Designate Corridor Z Highway, Columbus to Macon, as Jimmy Carter Parkway HR 55 Designate Lost Mountain Scenic Highway; portion State Highway 120 ......... HR 472 Designate; Dr. W.K. Smith Highway, portion State Highway 67 ............... SR 339 Designate; R.E. Chambers Memorial Bridge, Rock Creek, Chatsworth.......... SR 292 Financing, Investment Commission; bond debt, construction projects .......... SB 579 Fire Hydrants; marking system on public roads.............................. SR 196 Forests; controlled burning, prior notice, duties ............................... SB 98 Fuel Economy Standards; urge NHTSA amend mpg level .................... SR 340 Hay Bales; vehicles transporting, permits .................................. HB 1066 Highways, Developmental; committee to study, create ........................ SR 480 MARTA Overview Committee, MARTOC; extend to 1990 .................... HR 515 MARTA; exterior bus advertising, urge implement program ................... HR 840 MARTA; repeal wage and benefit limits, non-union employees ............... SB 187 Motor Carriers; exempt from PSC debt approval requirements ................ SB 496 Motor Carriers; Public Service Commission regulations, definitions, permits . . . HB 1487 Pilots Flying State Aircraft; employment discontinued at 65 years of age...... SB 562 Port Facilities; study committee, create ..................................... SR 480 Public Hearings; facility, site, project corridor, design plans.................. HB 1712 Public Property Acquisition; Condemnation Commission approval, eminent domain ....................................................... HB 1361 Railroads Hauling Hazardous Materials; caboose required..................... SB 242 Rapid Transit System Study Committee; Columbus to Atlanta, create ......... SR 360 Road, Street Improvement Local Authorities; create by referendum............ HR 662 Swimming Pools; vehicles transporting, annual permit required. ............... SB 535 Tandem Trailer Access to Public Roads Study Committee, Joint ............. .HR 465 Tollway Authority Law; self-liquidating projects, add federal funds ............ SB 564 Tollway Authority; federal contributions certain projects ................... .HB 1713 Towing Permits; certain trucks transporting modular housing units ........... HB 1382 Transportation Projects; plans and public hearings held simultaneously ........ SB 563 Trucks; oversized, use interstates on return trip, certain cases................. SB 594 Trucks; owner's name, domicile displayed, certain cases ...................... HB 555 Trucks; secured loads, cover to prevent spillage............................... SB 99 Trucks; suspension system, unlawful to alter .............................. HB 1257 Trucks; turning-support axles, weight limitations, definitions .................. SB 545 Trucks; weight limits, axle equipment, study committee, create. ............... SR 435
TRI-COUNTY WATER AUTHORITY; Create, Columbia, McDuffie, Lincoln Counties......................................................... HB 1729
TRION, CITY OF; Schools, local sales tax proceeds, allocation formula ...... HB 1825

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INDEX

2453

TROUP COUNTY Education Board; election of members ..................................... HB 1207 School Districts; define, voter referendum .................................. HB 1899
TRUCKS Fuel Economy Standards; urge NHTSA amend mpg level .................... SR 340 Hay Bales; vehicles transporting, permits .................................. HB 1066 Load Covered; requirements to prevent spillage............................... SB 99 Motor Carriers; driver's license suspension, exemptions ....................... HB 179 Motor Carriers; exempt from PSC debt approval requirements ................ SB 496 Motor Carriers; regulations, registration, licensure, permits................... HB 1487 Open Bed; persons under 16 prohibited from occupying ...................... SB 321 Oversize Vehicles; use interstates on return trip, certain cases................. SB 594 Owner's Name, Domicile; displayed on trucks, certain cases................... HB 555 Suspension System; unlawful to alter, certain vehicles ...................... HB 1257 Swimming Pools; vehicles transporting, annual permit, certain cases ........... SB 535 Tandem Trailer Access to Public Roads Study Committee, Joint.............. HR 465 Towing Permits; transporting modular housing units ........................ HB 1382 Towing Trailers; safety chain required ....................................... HB 70 Weight Limitations; turning-support axles, definitions, provisions.............. SB 545 Weight Limits; axle equipment, study committee, create...................... SR 435 Wreckers, Towed Vehicles; visible lights, turn signals required ................ SB 463
TRULOCK, PAUL; Commend ....................................... SR 545
TURNER COUNTY Development Authority; continue in force .................................. HB 1916 Sheriff; compensation .................................................... HB 1915
TURNER, SENATOR LOYCE W.; Recognize ................................. SR 333
TWIGGS COUNTY; School Superintendents, appointment, referendum ....... HB 1959
TYBEE ISLAND, CITY OF; City Council, powers, impose parking fees ...... SB 587
TYSINGER, SENATOR JAMES W. Excused from voting on HB 1584 ....................................... Page 1894 Excused ............................................................... Page 291
u
U.S. GOVERNMENT (See Federal Government or Congress)
UNDERGROUND STORAGE TANK ACT; Manage regulated substances storage and pipelines, trust fund .......................................... HB 1145
UNDERGROUND UTILITIES; Blasting, excavating, regulations, notification centers..................................................... HB 1489
UNEMPLOYMENT COMPENSATION (See Employment Security or Labor)
UNFAIR BUSINESS PRACTICES (See Fair Business Practices)
UNION CITY, CITY OF; Municipal Court, associate judge, appointment ...... SB 279
UNIVERSITY OF GEORGIA Athletic All-American Women; commend.................................... SR 350 Basketball Team, Lady Bulldog; commend .................................. SR 353 Cheerleaders; commend.................................................... SR 460
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2454

JOURNAL OF THE SENATE

UNIVERSITY OF GEORGIA (Continued) Golf Team, Lady Bulldog; commend ........................................ SR 351 License Plates; commemorative issue, extend time .......................... HB 1500 Volleyball Team, Lady Bulldog; commend................................... SR 352

UNIVERSITY SYSTEM (Also See Colleges or Education or Regents Board) Laboratory, Rehabilitation Technology, Scholars Study Committee; create...... SR 356

UPSON COUNTY School Taxes; homestead exemption, referendum ........................... HB 1766 Superior Court Clerk; annual salary ....................................... HB 1834

URBAN COUNTY AND MUNICIPAL STUDY COMMITTEE; Create

SR 29

URBAN REDEVELOPMENT; Historic preservation, business districts, study committee, create ................................................... SR 490

URBAN RESIDENTIAL FINANCE AUTHORITY; Powers, definitions, loans, bonds ............................................................. HB 1210

USED CAR DEALERS; Dismantlers, rebuilders, salvage dealers, repeal out-of-state buyer's card .................................................. HB 1610

UTILITIES (See Public Utilities and Transportation)

VALDOSTA STATE COLLEGE; Commemorative motor vehicle license plates ............................................................. SB 484
VALDOSTA, CITY OF; Corporate limits, redefine ......................... .HB 1680
VANDIVER, TOMMY; National 4-H Championship, commend .......... SR 307
VENEREAL DISEASES (Also See AIDS) AIDS, Sexually Transmissible Diseases; reports, tests, requirements. ......... .HB 1187 Bathhouses; prohibit operation, certain cases .............................. HB 1189
VETERANS AFFAIRS (Also See Military Affairs) Deceased Prisoner of War; spouse eligible, special license tag ............... .HB 1105 Disabled Veterans; homestead exemptions, eligibility ......................... SB 408 Homestead Tax Exemption; disabled wartime veterans ....................... HB 509 Hunting, Fishing Licenses; honorary to certain veterans .................... .HB 1128 Joe T. Wood Veterans Home; designate ........................... SR 361 Self-Service Gas Stations; attendant required to aid handicapped. ............. SB 588 Teachers Retirement System; military service credit.......................... HB 779 Teachers Retirement System; reinstatement provisions ....................... HB 416 War Veterans Home; urge Governor budget funds for new wing ............... SR 158
VETERINARIANS; Records, confidentiality provisions ...................... HB 1986
VETOES BY GOVERNOR; 1985 and 1986 sessions................... Pages 21, 1429
VICKERS, CONWAY; Condolences ................................ SR 499
VICTIMS OF CRIME Child or Sexual Abuse; urge courts order restitution ......................... HR 476 Compensation; authorize funding, criminal penalty assessments ............... SR 288 Georgians for Victim Justice; recognize ..................................... SR 523 Notification; parole of inmate ............................................... SB 51 Parole supervision fees; used to assist........................................ SR 22
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INDEX

2455

VIDALIA ONION ACT Regulate Sale; identification, labeling ...................................... HB 1217 Regulations; definitions .................................................... SB 360
VIDALIA, CITY OF; School district, board of education powers, referendum HB 1833
VIDEOTAPES; Recorded material, unlawful reproduction, sales, penalties HB 1723
VITAL RECORDS; Fees for search or copies, disposition provisions ........... SB 333
VOCATIONAL REHABILITATION; Vending facilities operated by handicapped.............................................................. SB 106
VOGTLE NUCLEAR PLANT; Recommend PSC study costs ................... SR 278
VOTER REGISTRATION Additional Places; remove requirements, certain counties .................... HB 1338 Cards; temporary location, additional places .................................. SB 34 Election Code; amend various provisions .................................... SB 490 Legal Residence; military persons, student, inmates ......................... HB 1074 Post Cards Authorized; counties of 500,000.......................... SB 168 Registrars; qualifications, candidacy, political activity prohibitions, voter lists, preparation, deadlines......................................... SB 296

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WACO, CITY OF; Waco Development Authority, continue in force ........... HB 1892
WALKER, ALICE; Author, "The Color Purple", commend ..................... SR 496
WALKER COUNTY Coroner; compensation ................................................... HB 1519 State Court; judge, solicitor, expenses...................................... HB 1518 Superior Court Clerk; compensation ....................................... HB 1517 Tax Commissioner; compensation.......................................... HB 1516
WALLENDA, KARL; Aerialist, urge commemorative stamp .................... HR 987
WALTON COUNTY Coroner; compensation ................................................... HB 1117 Industrial Building Authority; continue in force............................. HB 1973
WAR VETERANS HOME Joe T. Wood Nursing Home; designate ................................ SR 361 Urge Governor budget funds for new wing .................................. SR 158
WARE COUNTY Commissioners; compensation of chairman and members ................. HB 1664 Commissioners; composition, elections, districts, officers, compensation ..... HB 2062 Commissioners; law enforcement, emergency services, commend ............... SR 442 Coroner; compensation ................................................... HB 1743 Development Authority, Waycross and Ware County; continue in force ....... HB 1672 Office of County Manager; continue in force ............................. HB 1665 Sheriff, County Police; powers, continue in force ............................ HB 1666 Taxy Levy; to promote new industry, continue in force...................... HB 1667
WARNER ROBINS, CITY OF; Redevelopment powers, authority, referendum.............................................................. HB 1763

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2456

JOURNAL OF THE SENATE

WASHINGTON COUNTY

Homestead Exemption; persons 65 and over, referendum .................... HB 1738

Homestead Exemption; school district ad valorem taxes, referendum

HB 1739

WASHINGTON-WILKES HIGH FOOTBALL TEAM; Commend ............... SR 429

WASHINGTON-WILKES HIGH FOOTBALL TEAM; Introduction

Page 2013

WASTE MANAGEMENT Hazardous Materials; aid in mitigating damage, no liability Septic Tank Installation; county health boards set standards Septic Tanks; discharge into public systems unlawful

HB 153 HB 1465 HB 1424

WATERBEDS; Rental dwellings, landlord may not prohibit, insurance may be required .......................................................... SB 492

WATERS, PORTS AND WATERCRAFT

Boat Operators Licensing Study Committee; create .......................... SR 396

Boat Safety; operating under influence alcohol, drugs, unlawful

SB 316

Coastal Marshlands and Shore Assistance Acts; revise procedures ............. SB 450

Dams Act, Safe; grants for repairs, extend certain exemptions................ HB 1143

Ground, Surface Water; Underground Storage Tank Act regulations

.HB 1145

Local Environmental Facilities; revise Georgia Development Authority duties HB 1686

Metropolitan River Protection; application procedures, overview of rules

SB 317

Pilots; change mooring and docking requirements, fees ...................... HB 1242

Ports Authority; property inventory, file State Properties Commission

HB 1888

Ports Authority; property sold, leased as loan security, no prior approval

SB 337

Septic Tank Waste Dumping; unlawful discharge public systems

HB 1424

Swimming Facilities; public, lifeguards required............................... SB 81

Traffic Offenses; juveniles under 17, court jurisdiction, procedures ............. HB 540

Water Pollution Control; permits, penalties, federal funds ................... HB 1280

Water, Sewerage Facilities, Local Governments; State loans to finance ......... HR 363

WAYCROSS, CITY OF

Commission; election districts ............................................. HB 1670

Development Authority, Waycross and Ware County; continue in force

HB 1672

Downtown Development Authority; continue in force ........................ HB 1668

Education Board; remove city manager as ex officio member ................. HB 1515

School Board; remove mayor as ex officio member .......................... HB 1514

Tax Levy; to promote new industry, continue in force ....................... HB 1671

Water Works System; bonded indebtedness, continue in force................ HB 1669

WAYNE COUNTY Coroner; compensation .................................................... SB 359 Tax Commissioner; compensation, license tag provisions ...................... SB 597

WEAPONS (See Firearms or Courts)

WEBB, PAUL, KWIK KOPY #206; Compensate

HR 666

WEBSTER COUNTY Goare, George; Sheriff, condolences ......................................... SR 440 Industrial Development Authority; continue in force ........................ HB 1849

WEIS, HOLGER; Senate intern, commend .................................... SR 525

WELCH, LEWIS A.; Commend .............................................. SR 443

WELFARE (See Social Services or Human Resources or Medical Assistance)

WELLS; Open abandoned wells, counties authorized to repair, recover costs . .... SB 421

WELSH, LUTHER; Thomson High School coach, commend .................... SR 507

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2457

WESLEYAN COLLEGE Honoring 150th anniversary Motor Vehicle License Plates; commemorative issuance

SR 395 HB 1258

WEST GEORGIA COLLEGE BRAVES BASKETBALL TEAM; Commend

SR 527

WEST GEORGIA COLLEGE; License plates, special issue

HB 1444

WEST GEORGIA RAPID TRANSIT SYSTEM STUDY COMMITTEE; Create ................................................................... SR 360

WEST JACKSON FIRE DISTRICT; Continue in force

HB 1910

WESTERN JUDICIAL CIRCUIT; Clarke County, district attorney staff positions ................................................................ HB 1661

WHITE, CITY OF; Mayor's Court, appointment of judge, appeal provisions HB 1492

WHITFIELD COUNTY; Commissioners, election, composition of board

HB 2006

WIGGINTON, ELIOT; Foxfire Incorporated, commend ........................ SR 451

WILCOX COUNTY HIGH SCHOOL PATRIOTS; Commend

SR 476

WILKES COUNTY; Education board, composition, election districts

SB 595

WILKINSON COUNTY Probate Court; judge, personnel, cost-of-living increases ...................... SB 196 Sheriff; personnel, cost-of-living increases ................................... SB 194 Superior Court; clerk, personnel cost-of-living increases....................... SB 193 Tax Commissioner; personnel, cost-of-living increases ........................ SB 195

WILLIFORD, JULIE; National 4-H Championship, commend .................. SR 299

WILLS, TRUSTS, ADMINISTRATION OF ESTATES

Estates; appraisement, heir or beneficiary offer evidence

SB 208

Estates; inequitable property division, parties seeking relief................... HB 363

Guardian, Adult Ward; estate planning disposition of property authorized

HB 493

Intestate Decedent; monies, deposited in bank in decedent's name

SB 311

Investment Trusts; fiduciaries' authority .................................... SB 112

Living Wills; effective date, change form ................................... HB 1352

Living Wills; revocation provisions, define form .............................. SB 444

Marital Deduction Trust; conversion of property............................. SB 378

Marital Gift Tax, Estate; deduction qualification, investment rights

HB 1149

Motor Vehicle Title; transfer under decedent's will, procedures. ............... SB 331

Renunciation of Succession; surviving joint tenant, life insurance beneficiary SB 414

Spouse's Entitlement; exception if divorce pending.......................... HB 1228

Trust Services; banks transfer fiduciary to other banks ..................... .HB 1784

Wills; probate clerk or notary public attest to records ........................ SB 310

Wills; probate, acknowledgement of service, attested ........................ HB 1324

Wills; probate, notice to all beneficiaries ..................................... SB 46

Year's Support; amend various provisions, requirements ...................... HB 908

WILSON, LISA; National 4-H Championship, commend ....................... SR 304

WINE (See Alcoholic Beverages)

WINTER, HONORABLE WILLIAM; Former Mississippi Governor, remarks Page 532

WITNESSES Privileged Communications; clergy counseling included ....................... SB 589 Teachers; leave time when subpoenaed to testify in court.................... HB 1416

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2458

JOURNAL OF THE SENATE

WOMEN'S CLUBS, GEORGIA FEDERATION; Commend ..................... SR 457

WOMEN'S HISTORY WEEK; Designate ................................... HR 739

WOOD HAULING; Reforestation incentives, establish, wood load ticket requirements ............................................................. SB 412

WOOD, JOE T.; War Veterans Home, designate.............................. SR 361

WOODALL, FRANKLIN D.; Compensate .................................. HR 742

WOODSTOCK, CITY OF; Change corporate boundaries

SB 464

WORKERS' COMPENSATION Benefits; time for payment ................................................ SB 163 Group Self-Insurance Funds; define, eligible local authority, board, agency . . . . HB 1482 Hearings; dismissal procedures ............................................. SB 162 Independent Contractors; study committee, create, joint ...................... SR 438 Insurance Providers; repayment for medical expenses ........................ SB 161 Newspaper Distributors; exclude from coverage .............................. SB 555 Study Committee; create ............................. SR 446

WORKFARE; Positive Employment and Community Help Program, PEACH, indigent participation............................................. SB 465

WORLD CARPETS, INC.; Shaheen Shaheen, commend........................ SR 503

WORLD CONGRESS CENTER; Appropriation, supplemental State funds HB 1140

WORLD SERIES WEEK, BABE RUTH BAMBINO; Commend ................ SR 512

WORTH COUNTY Education Board; chairman, members, compensation ........................ HB 1989 Education Board; elections, districts, compensation, referendum .............. HB 1990 Seaboard Railroad; protest Sylvester-Pearson abandonment................... HR 580

WRECKER SERVICES; Towed vehicles, visible tail lights, turn signals required ................................................................. SB 463

WREN, JIMMY AND BONNIE; Congratulate ................................ SR 500

WRESTLING; Boxing and Wrestling Commission, powers and duties ..... HB 39

YOUNG HARRIS COLLEGE; Commemorative license plates, issuance........ SB 293 YOUTH ART MONTH; March, 1986......................................... SR 424 YOUTH DEVELOPMENT CENTERS
Juveniles; felons eligible for services and programs, case review at age 17 ...... SB 308 Senate Study Committee; create, authorize advisory committee................ SR 526
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ZIMMERMAN, KEN; U.S. Jaycees President, commend ....................... SR 452
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INDEX
ZONING Coastal County Zoning Procedures; advisory boards Local Government Rezoning; official with certain interests, disclosure

2459
HB 911 HB 618

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