Journal of the Senate of the State of Georgia regular session 1987, volume I, commenced at Atlanta, Georgia, Monday, January 12, 1987 and adjourned Thursday, March 12, 1987

Compiler's Note
The Journal of the Senate for the regular session of 1987 is bound in two separate volumes. Volume I contains January 12, 1987 through February 25, 1987. Volume II contains February 26, 1987 through March 12, 1987 and the complete index.

JOURNAL
OF THE
SENATE
OF THE
STATE OF GEORGIA
REGULAR SESSION 1987
VOLUME I
Commenced at Atlanta, Georgia, Monday, January 12, 1987 and adjourned Thursday, March 12, 1987

OFFICERS
OF THE

STATE SENATE

1987

ZELL MILLER ..................... President (Lieutenant Governor)
TOWNS COUNTY

JOSEPH E. KENNEDY
EVANS COUNTY

President Pro Tempore

HAMILTON McWHORTER, JR.... Secretary of the Senate
OGLETHORPE COUNTY

MARVIN W. "CAP" HICKS ....................... Sergeant-at-Arms
FLOYD COUNTY

STAFF OF SECRETARY OF SENATE
ALICE E. HOGE ............................... Assistant Secretary
FULTON COUNTY
SARALYN FOSTER ..................................... Bill Clerk
DeKALB COUNTY
SHIRLEY SHELNUTT .............................. Journal Clerk
ROCKDALE COUNTY
ROBERT F. EWING .......................... Assistant to Secretary
DeKALB COUNTY
AGNES DOSTER ................................... Enrolling Clerk
GWINNETT COUNTY
CLARA CELANO ................................. Bill Status Clerk
COBB COUNTY
SARAH BROWNE .............................. Assistant Bill Clerk
FULTON COUNTY
LINDA THOMPSON................................ Calendar Clerk
CLAYTON COUNTY
FAYE MOORE .................................. Information Clerk
GWINNETT COUNTY

MEMBERS OF THE
SENATE OF GEORGIA ALPHABETICALLY ARRANGED ACCORDING TO NAMES,
WITH DISTRICTS AND ADDRESSES
FOR THE TERM 1987-1988

Senators Frank A. Albert (R) ............. Thomas F. Allgood (D)........... A. Quillian Baldwin, Jr. (D) Ed Barker (D) .................. Roy E. Barnes (D)............... Rooney L. Bowen (D) ............ Max R. Brannon (D)............. Paul C. Broun (D)............... M. Parks Brown (D) ............. Glenn E. Bryant (D) ............. Joe Burton (R) .................. J. Tom Coleman, Jr. (D) ......... Paul D. Coverdell (R) ............ Alex Crumbley (D) .............. Harrill L. Dawkins (D) ........... J. Nathan Deal (D) .............. Nathan Dean (D) ................ Earl Echols, Jr. (D) ........ Arthur B. "Skin" Edge, IV (R) ... Bill English (D) ................. Beverly L. Engram (D)........... W. W. (Bill) Fincher, Jr. (D) ... John C. Foster (D) .............. Wayne Garner (D) ............... Hugh M. Gillis, Sr. (D) .......... W. F. (Billy) Harris (D) .......... Carl Harrison (R)................ Edward Hine, Jr. (D) ............ Al Holloway (D) ................. Pierre Howard (D)............... Floyd Hudgins (D)............... Waymond C. (Sonny) Huggins (D) Joseph E. Kennedy (D) .......... Culver Kidd (D) ................. Ted J. Land (R)................. Arthur Langford, Jr. (D) ......... Sam P. McGill (D) ..............

District Address . ....23rd .. . .Augusta . . . . 22nd . . . .Augusta . . ...29th . . LaGrange . ....18th . . .Warner Robins . . . . .33rd . . Mableton . . ...13th . . . Cordele . . . . . 51st . . . Calhoun .....46th . . . .Athens .....47th . . . . Hartwell ...... 3rd . . Hinesville ...... 5th . .Atlanta ...... 1st .. ..Savannah ..... 40th . Atlanta . . . . . 17th . . . McDonough ..... 45th .. . Conyers ..... 49th . . . .Gainesville . . . . . 31st . . Rockmart ...... 6th . . Patterson .... 28th .. . . Newnan . . . . . 21st . . . Swainsboro ..... 34th .. . .Fairburn ..... 54th . . .Chatsworth ..... 50th .. . Cornelia ..... 30th .. . . Carrollton ..... 20th .. . Soperton . . . . .27th .. . .Thomaston ..... 37th . . . . Marietta .... 52nd . . Rome .... 12th .. ..Albany . . . . 42nd . . . . Decatur ..... 15th .. . Columbus ..... 53rd . . .LaFayette ...... 4th .. . . Claxton ..... 25th . . Milledgeville ..... 16th . . . Columbus ..... 35th .. . .Atlanta .... 24th . . . Washington

Lewis H. (Bud) McKenzie (D) . . Sallie Newbill (R) ............. Tommy C. Olmstead (D) ....... Bonn M. Peevy (D) ............ Ed Perry (D).................. R. T. (Tom) Phillips (R) ....... Harold J. Ragan (D) ........... Walter S. Ray (D) ....... Albert J. Scott (D)............. David Scott (D) ............... Mildred W. Shumake (D) ....... Terrell Starr (D) .............. Lawrence (Bud) Stumbaugh (D) Horace E. Tate (D) ............ Jimmy Hodge Timmons (D) James E. Tolleson (R) ......... Loyce W. Turner (D) .......... James W. (Jim) Tysinger (R) . . Eugene P. (Gene) Walker (D). . .

. 14th .... Montezuma . 56th .... Atlanta . 26th ... Macon . 48th .... Lawrenceville . . 7th .... Nashville . . 9th . . . . Stone Mountain . 10th . . . . Cairo . 19th ... Douglas . 2nd .... Savannah . 36th ... Atlanta . 39th .... Atlanta 44th . Forest Park . 55th ... Stone Mountain . 38th .... Atlanta llth ... .Blakely 32nd .... Smyrna . 8th .... Valdosta . 41st .... Atlanta 43rd .. Decatur

MEMBERS OF THE
GEORGIA HOUSE OF REPRESENTATIVES ALPHABETICALLY ARRANGED ACCORDING TO NAMES, WITH DISTRICTS AND ADDRESSES
FOR THE TERM 1987-1988

Representatives

District

Address

Betty Aaron (D) .........

. . 56 ......... Decatur

G. D. Adams (D) ....

. . 36 ......... . . . . Hapeville

Marvin D. Adams (D) ...

. . 79 ......... . . .Thomaston

Fred Aiken (R) ..........

. . 21, Post 1 . . . . . . . Smyrna

Dean C. Alford (D) ......

. . 57, Post 3 . . . ... Lithonia

Roy L. Alien (D) ........

.127 ......... . . Savannah

Troy A. Athon (D) .......

. . 57, Post 1 . . . . . . . Conyers

William A. (Bill) Atkins (R) . . . 21, Post 3 ... . . . . Smyrna

Frank I. Bailey, Jr. (D)

72, Post 2 ... . . . . Riverdale

Ralph J. Balkcom (D)

.140 ......... . . . . Blakely

Charles E. Bannister (R)

. . 62 ...

. .Lilburn

Emory E. Bargeron (D)

.108 ......... . . . . Louisville

Bill H. Barnett (D)

. . 10 ......... . . . . Gumming

0. M. (Mike) Barnett (R)

. 59 ......... .... Lilburn

James M. (Jim) Beck (D)....... 148 ......... ... Valdosta

Jimmy W. Benefield (D)

. . 72 ......... .Jonesboro

Lorenzo Benn (D)

. . 38 ......... . . .Atlanta

Kenneth W. (Ken) Birdsong5((D) . .104 ......... Gordon

Sanford D. Bishop, Jr. (D).

94 ......... Columbus

Henry Bostick (D) .......

.138 ......... . . . .Tifton

Paul S. Branch, Jr. (D). . . .

.137 ......... . . . .Fitzgerald

Claude A. Bray, Jr. (D) . . .

91

Manchester

Tyrone Brooks (D)........

. . 34 ......... ... Atlanta

George M. Brown (D) .

. . 88 ......... .... Augusta

Thomas B. (Tom) Buck, III (DD)). . . 95 ......... .... Columbus

Floyd M. Buford, Jr. (D)

.103 ........ . . . . Macon

Roger C. Byrd (D) . . . . .

153, Post 2 . . . . . . . Hazlehurst

Tyrone Carrell (D) .....

65 ......... ... Monroe

Hanson Carter (D) .....

.146 ......... .... Nashville

Tommy Chambless (D) ...... .133 ......... . . . Albany

George A. Chance, Jr. (D)

.129 ......... ... Springfield

Donald E. (Don) Cheeks (D)).. .. .. ... . . 89 ......... .... Augusta

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

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

Betty J. Clark (D) ............. . . 55 ......... . . . .Atlanta

Louie Max Clark (D). . .

. . 13, Post 1 . . . . . . . Danielsville

Luther S. Colbert (R) .......... . . 23 ......... . . . .Roswell

Terry L. Coleman (D) ........... 118 ......... . . . . Eastman

Carlton H. Colwell (D) ......... ... 4, Post 1 . . ... Blairsville

Jack Connell (D) ........... . . 87 ......... .... Augusta

Bill Cooper (D) ................ . 20, Post 3 ... .... Marietta

Barbara H. Couch (D)........... . . 40 ......... . . Atlanta

Walter E. Cox (D) ............. 141 ...... . Bainbridge

John G. Crawford (D) ........... . . . 5 ......... Lyerly

Tom Crosby, Jr. (D) ............ .150 ......... . . . . Waycross

Bill Cummings (D).............. . . 17 ......... . . Rockmart

Grace W. Davis (D) ............. .29 ......... . . . . Atlanta

J. Max Davis (R) ............... . . 45 ......... .... Atlanta

Harry D. Dixon (D) ............. .151 ......... . . Waycross

Denny M. Dobbs (D)............ . . 74 ......... .... Covington

William J. (Bill) Dover (D)

. 11, Post 1 . . . . . . . Clarkesville

Wesley Dunn (D) ............... 73 ......... .... McDonough

Ward Edwards (D).............. .112 ......... . . . . Butler

Dorothy Felton (R) ............. . . 22 ......... . . . . Sandy Springs

James M. (Jimmy) Floyd (D) . . . .154

.... ... Hinesville

Philip A. (Phil) Foster (D)...... ... 6, Post 2 ... . . . . Dalton

Mary Jane Galer (D) ........... 97 ......... .... Columbus

John F. Godbee (D)............. .110 ......... .... Brooklet

Bill Goodwin (R) ............... . . 63 ......... .... Norcross

Gerald E. Greene (D) ........... .130 ......... ... Cuthbert

George F. Green, M.D. (D) ...... .106 ......... ... Sparta

John W. Greer (D).............. . . 39 ......... .... Atlanta

William J. (Johnny) Gresham, Jr. (R)21, Post 4 ... ... Marietta

Jim T. Griffin (D) ............. . . 6 ......... . . . . Tunnel Hill

Denmark Groover, Jr. (D) ...... . . 99 ......... ... Macon

DeWayne Hamilton (D) ...

.124 ....... .... Savannah

Robert (Bob) Hanner (D)....... 131 ....

. Dawson

Robert Alien (Bobby) Harris (D) . . 84 ......... .... Thomson

W. G. (Bill) Hasty, Sr. (D) ... ... 8, Post 2 ... ... Canton

Forest Hays, Jr. (D)...... ... 1, Post 2 ... .... Flintstone

Paul W. Heard, Jr. (R) ...... . . 43 ......... .... Peachtree City

Sam P. Hensley, Sr. (D) ........ . . 20, Post 2 ... .... Marietta

Suzi Johnson Herbert (D) ...... . . 76 .......

Orchard Hill

C. E. (Ed) Holcomb (D) ........ . . 72, Post 3 ... . . . .Jonesboro

Bob Holmes (D) ............... . . 28 ....

. Atlanta

George B. Hooks (D)........... .116 ....... .... Americus

W. N. (Newt) Hudson (D) ...... .117 ......... ... Rochelle

Johnny Isakson (R) .........

. 21, Post 2 ... .... Marietta

Jerry D. Jackson (D) ........... ... 9, Post 3 ... .... Chestnut

Mountain

William S. (Bill) Jackson (D) ... . . 83 ......... .... Martinez

Mary Jeanette Jamieson (D) . . . . . . 11, Post 2 . . . . . Toccoa

Diane Harvey Johnson (D).

123 ......... .... Savannah

Rudolph Johnson (D) .

. 72, Post 4 ... . . . . Lake City

Thomas M. (Tom) Kilgore (D) . . .42 ......... .... Douglasville

Jack Kingston (R) ....

125 ......... ... Savannah

Dick Lane (D) ........

.27 ......... East Point

Robert (Bob) Lane (D)

Ill ......... .... Statesboro

James Beverly Langford (D)))...... . . 7 ......... Calhoun

Terry D. Lawler (D)

. 20, Post 5 ... . Clarkdale

Tom E. Lawrence (R) . . . .

.49 ......... .... Stone

Mountain

Bobby Lawson (D) .......

. 9, Post 2 ... .... Gainesville

William J. (Bill) Lee (D) .

. 72, Post 1 ... ... Forest Park

John Linder (R) .........

.44 ......... Dunwoody

Bobby Long (D) .........

142 ......... .... Cairo

Jimmy Lord (D) .........

107 ......... . . . . Sandersville

David E. (Dave) Lucas (D)

102 ......... .Macon

John M. Lupton, III (R)

.25 ......... . . . .Atlanta

William C. (Bill) Mangum, Jr. (D)).. . 57, Post 2 ... . Decatur

Jim Martin (D) .......

.26 ......... . . .Atlanta

Lauren (Bubba) McDonald,, Jr. (D) .12 ......... ... Commerce

Forrest L. McKelvey (D) .

. 15, Post 2 ... .... Lindale

J. E. (Billy) McKinney (D)

.35 ......... . . Atlanta

Wade Milam (D) ........

.81 ......... ... LaGrange

Billy Milford (D) ........

. 13, Post 2 ... Hartwell

John 0. Mobley, Jr. (D) .

64 ......... Winder

Lundsford Moody (D) . . . .

153, Post 1 ... Baxley

James C. Moore (D) .

139 ......... .... West Green

Chesley V. Morton, Jr. (R)

.47 ......... ... Tucker

John L. Mostiler (D) .....

.75 ......... .... Griffin

Roy D. Moultrie (D) ....

.93 ......... .... Hamilton

Anne Mueller (R) ........

126 ......... ... Savannah

Thomas B. (Tom) Murphy (D) . . . .18 ......... . . Bremen

Clinton Oliver (D) ....

121 ......... .... Glennville

Nancy (Nan) Orrock (D)

.30 ......... . . . .Atlanta

Michael J. (Mike) Padgett (D) . . . . .86 ......... . . .Augusta

James L. (Jim) Pannell (D))....... 122 ......... .... Savannah

Bobby Eugene Parham (D)1 ....... 105 ......... .... Milledgeville

Larry J. (Butch) Parrish (DD) ...... 109 ......... ... Swainsboro

Robert L. Patten (D)

149 ......... . Lakeland

Robert G. (Bob) Peters (D))....... . . 2 ......... ... Ringgold

Hugh B. (Boyd) Pettit (D)

.19 ......... .... Cartersville

L. L. (Pete) Phillips (D) .

120 ......... .... Soperton

Frank C. Pinkston (D) . . .

100 ......... .... Macon

Ronald Wayne (Ron) Pittmnaan (R) .60 ......... ... Duluth

DuBose Porter (D)

119 ........ . Dublin

C. C. (C.J.) Powell (D) ........... 145 ............. Moultrie Allyn Prichard (D) ................. 8, Post 1 ....... Canton Howard H. Rainey (D) ........... 135 ............. Cordele Tom Ramsey (D) .................. 3 ............. Chatsworth Virginia P. Ramsey (R) .......... 155 ............. Brunswick William C. (Billy) Randall (D) . . . . 101 ............. Macon Dick Ransom (R) ................. 90 ............. Augusta Robert Ray (D)................... 98 ............. Fort Valley Henry L. Reaves (D) ............. 147 ............. Quitman Frank L. Redding, Jr. (D) ......... 50 ............. Decatur Eleanor L. Richardson (D)......... 52 ............ Decatur Edward D. (Ed) Ricketson, Jr. (D) . 82 ............. Warrenton Cas Robinson (D) ................. 58 ............. Stone
Mountain Pete Robinson (D) ................ 96 ............. Columbus A. Richard Royal (D) ............ 144 ............. Camilla Helen Selman (D) ................ 32 ............ Palmetto J. Neal Shepard, Jr. (R) ........... 71 ............. Newnan Alien Sherrod (D)................ 143 ............. Coolidge John Simpson (D) ............. 70 ........... Bowdon Georganna T. Sinkfield (D) ........ 37 ............. Atlanta Earleen Sizemore (D) ............ 136 ............. Sylvester Larry Smith (D) .................. 78 .............Jackson Paul E. Smith (D) ................ 16 ............ .Rome Tommy Smith (D) ............... 152 ............. Alma Willou Smith (R) ................ 156 ............. Brunswick Calvin Smyre (D) ................ 92 ............. Columbus Michael M. (Mike) Snow (D) ....... 1, Post 1 ..... .Chickamauga Frank E. Stancil (D) .............. 66 ............. Watkinsville LaNette Stanley (D) ............. 33 ............. Atlanta Cathey W. Steinberg (D) .......... 46 ............. Atlanta Lawton Evans Stephens (D) ....... 68 ............ .Athens Charles Thomas (D) .............. 69 ............. Temple Mable (Able) Thomas (D) ......... 31 ............. Atlanta Steve Thompson (D) .............. 20, Post 4 ....... Austell Michael L. (Mike) Thurmond (D) . . 67 ............. Athens Kiliaen V. R. (Kil) Townsend (R) . . 24 ............. Atlanta Tom Triplett (D) ................ 128 ............. Savannah Ralph Twiggs (D) .................. 4, Post 2 ...... Hiawassee Ted W. Waddle (R) .............. 113 ............. Warner Robins Kenneth Waldrep (D) ............. 80 ............. Forsyth Charles W. Walker (D) ............ 85 ............ .Augusta Larry Walker (D) ................ 115 ............. Perry Vinson Wall (R) .................. 61 ............. Lawrenceville J. Crawford Ware (D) ............. 77 ............. Hogansville
10

Roy H. (Sonny) Watson, Jr. (D)... 114 ............ .Warner Robins Charlie Watts (D)................. 41 ............. Dallas John White (D).................. 132 ............ .Albany Thomas E. (Tom) Wilder, Jr. (R) . . 21, Post 5 ...... .Marietta Betty Jo Williams (R) ............. 48 ............. Atlanta Juanita Terry Williams (D) ........ 54 ............ .Atlanta Joe Mack Wilson (D) ............. 20, Post 1 ....... Marietta Joe T. Wood (D) .................. 9, Post 1 ...... Gainesville Ken Workman (D) ................ 51 ............. Stone
Mountain Charles W. (Charlie) Yeargin (D)... 14 ............ Elberton Mary M. Young (D)............. 134 ............. Albany
11

SENATE JOURNAL

Senate Chamber, Atlanta, Georgia Monday, January 12, 1987 First Legislative Day

The Senators-elect of the General Assembly of Georgia for the years 1987-88 met pursuant to law in regular session in the Senate Chamber at 10:00 o'clock A.M. this day, and were called to order by Lieutenant Governor Zell Miller, President of the Senate.

Senator Kennedy of the 4th introduced the chaplain of the day, Reverend Michael A.
Guido, Director of Guido Evangelistic Association, Metter, Georgia, who offered scripture reading and prayer.

The following communication from Honorable Max Cleland, Secretary of State, certifying the Senators-elect in the General Election of 1986, which includes the Senator in the 10th District elected in the Special Election held on December 16, 1986, was received and read by the Secretary:

STATE OF GEORGIA Office of Secretary of State

I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that the attached four pages of typewritten matter are a true and correct list of the State Senators elected in the November 4, 1986 General Election, including the State Senator in the 10th Senatorial District elected in the Special Election held on December 16, 1986; all as the same appear of file and record in this office.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 8th day of January, in the year of our Lord One Thousand Nine Hundred and Eighty-seven and of the Independence of the United States of America the Two Hundred and Eleventh.

(SEAL)

/s/ Max Cleland Secretary of State

STATE SENATORS ELECTED TO THE GENERAL ASSEMBLY

November 4, 1986 General Election

District 1 2 3
4
5 6

Counties Portion of Chatham Portion of Chatham Portion of Bryan, Portion of Chatham, Portion of Glynn, Liberty and Mclntosh Portion of Bryan, Bulloch, Candler, Effingham, Evans, Long anj Tattnall Portion of DeKalb Portion of Appling, Bacon, Brantley, Camden, Charlton,

Name J. Tom Coleman, Jr. (D) Al Scott (D) Glenn E. Bryant (D)
Joseph E. Kennedy (D)
Joe Burton (R) Earl Echols (D)

14
7 8 9 10 11
12 13
14 15 16 17 18 19
20
21
22 23 24
25
26 27 28 29 30 31

JOURNAL OF THE SENATE

Portion of Glynn, Pierce and Wayne Atkinson, Berrien, Clinch, Lanier, Tift and Ware Brooks, Cook, Echols and Lowndes Portion of Gwinnett Portion of Colquitt, Decatur, Grady and Thomas Baker, Calhoun, Portion of Chattahoochee, Clay, Early, Miller, Mitchell, Quitman, Randolph, Seminole, Stewart and Webster Dougherty Ben Hill, Portion of Colquitt, Crisp, Dooly, Irwin, Turner and Worth Lee, Macon, Peach, Schley, Sumter, Taylor and Terrell Portion of Chattahoochee and Portion of Muscogee Marion, Portion of Muscogee and Talbot Butts, Portion of Clayton and Henry Portion of Bibb, Houston and Twiggs Bleckley, Coffee, Dodge, Jeff Davis, Pulaski, Telfair and Wilcox Portion of Appling, Johnson, Laurens, Montgomery, Toombs, Treutlen, Portion of Washington and Wheeler Burke, Emanuel, Glascock, Jefferson, Jenkins, Screven and Portion of Washington Portion of Richmond Portion of Columbia and Portion of Richmond Portion of Columbia, Greene, Lincoln, McDuffie, Oglethorpe, Taliaferro, Warren and Wilkes Baldwin, Hancock, Jasper, Jones, Morgan, Putnam and Wilkinson Portion of Bibb Portion of Bibb, Crawford, Lamar, Monroe and Upson Coweta, Pike and Spalding Portion of Carroll, Harris, Heard, Meriwether and Troup Portion of Carroll and Portion of Douglas Portion of Bartow, Haralson, Paulding and Polk

Ed Perry (D) Loyce W. Turner (D) Tom Phillips (R) Harold J. Ragan (D) Jimmy Hodge Timmons (D)
Al Holloway (D) Rooney L. Bowen (D)
Lewis H. (Bud) McKenzie (D) Floyd Hudgins (D) Ted J. Land (R) Alex Crumbley (D) Ed Barker (D) Walter S. Ray (D)
Hugh Gillis (D)
Bill English (D)
Thomas F. Allgood (D) Frank Albert (R) Sam McGill (D)
Culver Kidd (D)
Tommy C. Olmstead (D) W. F. (Billy) Harris (D) Arthur (Skin) Edge (R) Quillian Baldwin (D) Wayne Garner (D) Nathan Dean (D)

MONDAY, JANUARY 12, 1987

15

32

Portion of Cobb

Jim Tolleson (R)

33

Portion of Cobb

Roy E. Barnes (D)

34

Portion of Douglas, Fayette

Bev Engram (D)

and Portion of Fulton

35

Portion of Fulton

Arthur Langford, Jr. (D)

36

Portion of Fulton

David Scott (D)

37

Portion of Cherokee and

Carl Harrison (R)

Portion of Cobb

38

Portion of Fulton

Horace Edward Tate (D)

39

Portion of Fulton

Hildred W. Shumake (D)

40

Portion of Fulton

Paul D. Coverdell (R)

41

Portion of DeKalb

James W. (Jim) Tysinger (R)

42

Portion of DeKalb

Pierre Howard (D)

43

Portion of DeKalb

Eugene (Gene) Walker (D)

44

Portion of Clayton

Terrell A. Starr (D)

45

Newton, Rockdale and Walton

Harrill L. Dawkins (D)

46

Clarke, Portion of Jackson and

Paul Broun (D)

Oconee

47

Banks, Elbert, Franklin, Hart,

M. Parks Brown (D)

Portion of Jackson and Madison

48

Barrow and Portion of Gwinnett

Donn Peevy (D)

49

Portion of Forsyth and Hall

Nathan Deal (D)

50

Dawson, Habersham, Lumpkin,

John C. Foster (D)

Rabun, Stephens, Towns,

Union and White

51

Portion of Cherokee, Fannin,

Max Brannon (D)

Gilmer, Gordon, Pickens and

Portion of Whitfield

52

Portion of Bartow and Floyd

Ed Hine (D)

53

Portion of Catoosa, Chattooga,

Waymond (Sonny) Huggins (D)

Dade and Walker

54

Portion of Catoosa, Murray

W.W. (Bill) Fincher, Jr. (D)

and Portion of Whitfield

55

Portion of DeKalb

Lawrence (Bud) Stumbaugh (D)

56

Portion of Cobb, Portion of

Sallie Newbill (R)

Forsyth and Portion of Fulton

The following communications from Honorable Riley Reddish, Senator from the 6th District, and His Excellency, Governor Joe Frank Harris, were received and read by the Secretary:

The State Senate Atlanta, Georgia 30334
May 5, 1986
Governor Joe Frank Harris 201 State Capitol Atlanta, Georgia 30334
Dear Governor Harris:
It is with a great degree of sadness that I write this letter of resignation from the Senate, effective May 15, 1986. However, circumstances dictate that I must. As I am sure you are well aware, the duties surrounding this office of State Senator, along with the vast amount of traveling to various functions in my large district, make it almost a full-time job.
I am very fortunate in being able to return to the Georgia Department of Labor as an employee, and pick up my prior years of employment toward retirement.

16

JOURNAL OF THE SENATE

Governor, in closing, I would like to say that during the three years I have been privileged to serve as a legislator, my wife, Shirley, and I have come to the conclusion that you and your wife, Elizabeth, are two of the finest people we know, and we are very proud to count you as our friends.
If I can ever be of assistance to you in any way, please feel free to call upon me.
Sincerely,
/s/ Riley Reddish

STATE OF GEORGIA Office of the Governor
Atlanta 30334 May 12, 1986
Honorable Riley Reddish State Senator Cherokee Lake Jesup, Georgia 31545
Dear Senator Reddish:
This will acknowledge receipt of your letter in which you tendered your resignation as State Senator, effective May 15, 1986. By copy of this letter, I hereby accept your resignation.
Your service to the State of Georgia in the above capacity is greatly appreciated, and I extend to you my best wishes for the future.
With kindest regards, I remain
Sincerely,
/s/ Joe Frank Harris

cc: Honorable Max Cleland, Secretary of State Honorable Zell Miller, Lieutenant Governor Honorable Hamilton McWhorter, Secretary of the Senate

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

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun of 46th Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols Edge

English Fincher Foster Garner Gillis Harris Harrison Hine Holloway Howard Hudgins Huggins Kennedy Kidd Land Langford McGill McKenzie

Newbill Olmstead Peevy Perry Phillips Ragan Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Timmons Tolleson Turner Tysinger Walker

Not answering were Senators-elect Brown of the 47th and Engram.

MONDAY, JANUARY 12, 1987

17

The President introduced the Honorable George T. Smith, Justice of the Supreme Court, who administered the following oath of office to all the Senators-elect at their desks, except Senators-elect Brown of the 47th and Engram of the 34th:

OATH OF OFFICE GENERAL ASSEMBLY
I do hereby solemnly swear or affirm that I will support the Constitution of this State and of the United States, and on all questions and measures which may come before me, I will so conduct myself, as will, in my judgment, be most conducive to the interests and prosperity of this State.
I further swear or affirm that I am not the holder of any public money due this State, unaccounted for, that I am not the holder of any office of trust under the government of the United States, nor of any one of the several states, nor of any foreign state, that I am otherwise qualified to hold said office according to the Constitution and Laws of Georgia.
So help me God!

The President announced that Senators-elect Brown of the 47th and Engram of the 34th, both of whom are in the hospital, would be administered the oath of office later today.

The President announced the appointment of the following Standing Committees for the 1987-88 Term:

McGill of 24th, Chairman Ray of 19th, Vice Chairman Echols of 6th, Secretary

AGRICULTURE
English of 21st Kennedy of 4th Ragan of 10th

APPROPRIATIONS

Starr of 44th, Chairman Holloway of 12th, Vice Chairman Allgood of 22nd, Secretary
Albert of 23rd Barnes of 33rd Bowen of 13th Broun of 46th Bryant of 3rd Coleman of 1st Dawkins of 45th Deal of 49th Dean of 31st English of 21st Engram of 34th Fincher of 54th

Garner of 30th Gillis of 20th Harris of 27th Howard of 42nd Kennedy of 4th McGill of 24th McKenzie of 14th Peevy of 48th Ray of 19th Scott of 2nd Stumbaugh of 55th Tate of 38th Timmons of llth Turner of 8th

Starr of 44th, Chairman Allgood of 22nd Broun of 46th Bryant of 3rd Coleman of 1st

Continuation Subcommittee
Dean of 31st Gillis of 20th Holloway of 12th Kennedy of 4th Stumbaugh of 55th

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BANKING AND FINANCE

Hudgins of 15th, Chairman McKenzie of 14th, Vice Chairman Walker of 43rd, Secretary
Albert of 23rd Broun of 46th Coleman of 1st Coverdell of 40th Dawkins of 45th

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

Coleman of 1st, Chairman Albert of 23rd Coverdell of 40th Dawkins of 45th

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

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

Ways and Means Subcommittee
Gillis of 20th Stumbaugh of 55th Tolleson of 32nd

CHILDREN AND YOUTH

Barker of 18th, Chairman Burton of 5th, Vice Chairman Langford of 35th, Secretary

Hudgins of 15th Newbill of 56th

CONSUMER AFFAIRS

Scott of 2nd, Chairman Langford of 35th, Vice Chairman Shumake of 39th, Secretary

Albert of 23rd Scott of 36th

Garner of 30th, Chairman Brannon of 51st, Vice Chairman Crumbley of 17th, Secretary
Engram of 34th

CORRECTIONS
Foster of 50th Kennedy of 4th Kidd of 25th Newbill of 56th

Penal and Correctional Institutions Subcommittee

Kennedy of 4th, Chairman Foster of 50th

Kidd of 25th

Probation, Pardons and Paroles Subcommittee

Crumbley of 17th, Chairman Engram of 34th

Newbill of 56th

DEFENSE AND VETERANS AFFAIRS

Bryant of 3rd, Chairman Perry of 7th, Vice Chairman Phillips of 9th, Secretary

Brannon of 51st Echols of 6th

MONDAY, JANUARY 12, 1987

19

ECONOMIC DEVELOPMENT AND TOURISM

Broun of 46th, Chairman Coverdell of 40th, Vice Chairman Olmstead of 26th, Secretary
Crumbley of 17th Engram of 34th Foster of 50th

Gillis of 20th Harris of 27th Land of 16th Langford of 35th Perry of 7th Scott of 36th Tysinger of 41st

Harris of 27th, Chairman Coverdell of 40th

Small Business Subcommittee
Olmstead of 26th Scott of 36th Tysinger of 41st

Foster of 50th, Chairman Crumbley of 17th Engram of 34th

Tourism Subcommittee
Gillis of 20th Land of 16th

Foster of 50th, Chairman Engram of 34th, Vice Chairman Newbill of 56th, Secretary
Barnes of 33rd Burton of 5th Deal of 49th Dean of 31st Harrison of 37th

EDUCATION
Howard of 42nd Huggins of 53rd Land of 16th Phillips of 9th Ray of 19th Starr of 44th Tate of 38th

Burton of 5th, Chairman Deal of 49th Dean of 31st

Libraries Subcommittee
Howard of 42nd Phillips of 9th

Primary and Secondary Subcommittee

Tate of 38th, Chairman Barnes of 33rd

Engram of 34th Ray of 19th

Vocational and Technical Subcommittee

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

Newbill of 56th Starr of 44th

GOVERNMENTAL OPERATIONS

Kidd of 25th, Chairman Brannon of 51st, Vice Chairman Walker of 43rd, Secretary
Barker of 18th

Garner of 30th Hudgins of 15th Olmstead of 26th Shumake of 39th

Governmental Organization Subcommittee

Brannon of 51st, Chairman Hudgins of 15th

Olmstead of 26th Walker of 43rd

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JOURNAL OF THE SENATE

Merit System Subcommittee

Shumake of 39th, Chairman Barker of 18th

Brannon of 51st Garner of 30th

Fincher of 54th, Chairman Scott of 36th, Vice Chairman Coverdell of 40th, Secretary

HIGHER EDUCATION
Broun of 46th Ragan of 10th Tysinger of 41st

Science and Technology Subcommittee

Tysinger of 41st, Chairman Broun of 46th

Scott of 36th

Scott of 36th, Chairman Coverdell of 40th

University System Subcommittee Ragan of 10th

Howard of 42nd, Chairman Hine of 52nd, Vice Chairman Albert of 23rd, Secretary
Brown of 47th English of 21st

HUMAN RESOURCES
Fincher of 54th Kidd of 25th Langford of 35th Olmstead of 26th Tolleson of 32nd

Langford of 35th, Chairman Fincher of 54th

Aging Subcommittee Tolleson of 32nd

Mental Health and Mental Retardation Subcommittee

Albert of 23rd, Chairman Brown of 47th

Kidd of 25th

Social Services and Vocational Rehabilitation Subcommittee

Hine of 52nd, Chairman Albert of 23rd

Olmstead of 26th

INDUSTRY AND LABOR

Dawkins of 45th, Chairman Tysinger of 41st, Vice Chairman Harrison of 37th, Secretary
Baldwin of 29th
Edge of 28th

Foster of 50th Hine of 52nd
Hudgins of 15th Newbill of 56th

Stumbaugh of 55th, Chairman Land of 16th, Vice Chairman Baldwin of 29th, Secretary
Crumbley of 17th

INSURANCE
Deal of 49th Harrison of 37th Shumake of 39th

MONDAY, JANUARY 12, 1987

21

INTERSTATE COOPERATION

English of 21st, Chairman Engram of 34th, Vice Chairman Perry of 7th, Secretary

Fincher of 54th Holloway of 12th

Deal of 49th, Chairman Allgood of 22nd, Vice Chairman Baldwin of 29th, Secretary
Burton of 5th

JUDICIARY
Coleman of 1st Hine of 52nd Howard of 42nd Olmstead of 26th

NATURAL RESOURCES

Gillis of 20th, Chairman Bryant of 3rd, Vice Chairman Echols of 6th, Secretary
Allgood of 22nd Barker of 18th Bowen of 13th English of 21st

Huggins of 53rd Kennedy of 4th McGill of 24th Perry of 7th Timmons of llth Turner of 8th

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

Game and Fish Subcommittee
Huggins of 53rd Timmons of 11th

Parks and Historical Sites Subcommittee

Bryant of 3rd, Chairman English of 21st

Kennedy of 4th McGill of 24th

Resources and Environmental Control Subcommittee

Echols of 6th, Chairman Bowen of 13th

Timmons of llth

Bowen of 13th, Chairman Harris of 27th, Vice Chairman Edge of 28th, Secretary
Brannon of 51st

PUBLIC SAFETY
Perry of 7th Ragan of 10th Timmons of llth

Brown of 47th, Chairman Scott of 2nd, Vice Chairman Tysinger of 41st, Secretary

PUBLIC UTILITIES
Allgood of 22nd Baldwin of 29th Edge of 28th

Timmons of llth, Chairman Tate of 38th, Vice Chairman Coverdell of 40th, Secretary
Brown of 47th

RETIREMENT
Huggins of 53rd McGill of 24th Ray of 19th

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Holloway of 12th, Chairman Dean of 31st, Vice Chairman Hine of 52nd, Secretary
Barker of 18th Bowen of 13th Garner of 30th Harrison of 37th

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

Holloway of 12th, Chairman Dean of 31st

Audit Subcommittee Stumbaugh of 55th

Enrolling and Journals Subcommittee

Barker of 18th, Chairman Garner of 30th

Harrison of 37th

Peevy of 48th, Chairman Barnes of 33rd, Vice Chairman Edge of 28th, Secretary
Crumbley of 17th

SPECIAL JUDICIARY
Dawkins of 45th Tolleson of 32nd Walker of 43rd

TRANSPORTATION

Coleman of 1st, Chairman Huggins of 53rd, Vice Chairman Bryant of 3rd, Secretary
Barnes of 33rd Brown of 47th Dean of 31st

Echols of 6th Harris of 27th Holloway of 12th Land of 16th McKenzie of 14th Peevy of 48th

Highways and Motor Vehicles Subcommittee

Huggins of 53rd, Chairman Brown of 47th Echols of 6th

Harris of 27th Holloway of 12th Peevy of 48th

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

State Ports Subcommittee
Dean of 31st Land of 16th

URBAN AND COUNTY AFFAIRS

Turner of 8th, Chairman Tolleson of 32nd, Vice Chairman Ragan of 10th, Secretary
Burton of 5th McKenzie of 14th

Phillips of 9th Scott of 36th Shumake of 39th Walker of 43rd

Local Affairs Subcommittee

McKenzie of 14th, Chairman Scott of 36th

Tolleson of 32nd Walker of 43rd

MONDAY, JANUARY 12, 1987

23

The following communications from His Excellency, Governor Joe Frank Harris, were received and read by the Secretary:
STATE OF GEORGIA Office of the Governor
Atlanta 30334 April 28, 1986
Honorable Zell Miller Lieutenant Governor State Capitol Atlanta, Georgia 30334
Dear Lieutenant Governor Miller:
I have vetoed Senate Bills 406 and 556 which were passed by the General Assembly of Georgia at the 1986 Regular Session.
Article III, Section V, Paragraph XIII of the Constitution requires that I transmit such bills to you, together with a list of reasons for such vetoes. The bills and corresponding reasons for their veto are enclosed.
With kindest regards, I remain
Sincerely,
/s/ Joe Frank Harris
Enclosures cc: Honorable Thomas B. Murphy, Speaker, House of Representatives
Honorable Glenn W. Ellard, Clerk, House of Representatives Honorable Hamilton McWhorter, Jr., Secretary of Senate Honorable Frank H. Edwards, Legislative Counsel Honorable Michael J. Bowers, Attorney General Honorable Max Cleland, Secretary of State
STATE OF GEORGIA Office of the Governor
Atlanta 30334 April 28, 1986
Honorable Thomas B. Murphy Speaker, House of Representatives State Capitol Atlanta, Georgia 30334
Dear Speaker Murphy:
I have vetoed House Bills 906, 1316, 2000 and 2026 which were passed by the General Assembly of Georgia at the 1986 Regular Session.
Article III, Section V, Paragraph XIII of the Constitution requires that I transmit such bills to you, together with a list of reasons for such vetoes. The bills and corresponding reasons for their veto are enclosed.
With kindest regards, I remain
Sincerely,
/s/ Joe Frank Harris
Enclosures cc: Honorable Zell Miller, Lieutenant Governor of Georgia
Honorable Glenn W. Ellard, Clerk, House of Representatives Honorable Hamilton McWhorter, Jr., Secretary of Senate

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Honorable Frank H. Edwards, Legislative Counsel Honorable Michael J. Bowers, Attorney General Honorable Max Cleland, Secretary of State
VETO NO. 5 H.B. 906
House Bill 906 proposed the incorporation of the City of Islands in Chatham County. A county-wide referendum was provided for in the legislation. The passage of this bill was technically flawed by a procedural error, and another bill was introduced and passed providing for the same subject matter. Therefore, the author of this bill requested that this bill be vetoed.
VETO NO. 6 H.B. 2000
House Bill 2000 provided for a new charter for the City of Statesboro. After passage of the bill, a technical error was found in the legislation. Therefore, the author of this bill requested that it be vetoed.
VETO NO. 7 S.B. 556
Senate Bill 556 abolished the second division of the State Court of Cobb County and the Office of Associate Judge of the State Court of Cobb County. Technical problems were found with the legislation after its passage, and the author requested it be vetoed.
VETO NO. 8 S.B. 406
Senate Bill 406 amends the Administrative Procedures Act as it relates to legislative override of agency rules. Specifically, in the event a standing committee files an objection to an agency or departmental rule, that rule then may be considered by the branch of the legislature whose committee has objected. Should a resolution be adopted by a % vote of the body of the General Assembly objecting to the rule, the agency or departmental rule shall be void.
Under present law, both chambers must consider a resolution to override an administrative rule, while Senate Bill 406 would authorize one house of the General Assembly to void an administrative rule of the Executive Branch. The bill is unconstitutional as an abridgement of the powers of the Executive Branch of government under the Constitution, and the procedure established exceeds the authority of the General Assembly under the Constitution. This bill, if signed, could adversely affect the rule-making power of all agencies in state government.
For these reasons, I am vetoing Senate Bill 406.
VETO NO. 9 H.B. 2026
House Bill 2026 increased the filing fees in the State Court of Dougherty County to an amount equal to that of the Dougherty County Superior Court. This legislation was introduced at the request of the Dougherty County Commission by the local delegation. During the 1986 Session of the General Assembly, general legislation was passed increasing the filing fees for the superior courts of this State except for persons licensed by the State Board of Medical Examiners. This latter piece of legislation had the effect of increasing the local filing fees for the State Court of Dougherty County to an amount greater than that desired by the local governing authority. Because of this technical problem, the local county commission has requested, with the approval of the local delegation, that this bill be vetoed.
VETO NO. 10 H.B. 1316
House Bill 1316 as originally introduced provided that the Board of Medical Examiners was authorized to investigate a licensee's fitness to practice medicine, if the licensee had been involved in two or more previous judgments or settlements of medical malpractice or was involved in a medical malpractice judgment or settlement in excess of $50,000. Additionally, the bill provided that a court order requiring that a judgment or agreement be sealed in a medical malpractice case would not prevent the disclosure of the information contained in the file to the Board of Medical Examiners for their investigation. A floor

MONDAY, JANUARY 12, 1987

25

amendment was added in the Senate to strike Code Section 43-34-1 relating to the practice of naturopathy. This amendment has the effect of removing a provision in the law which practitioners of naturopathic medicine contend gives them the authority to practice in this state.
In 1983, similar legislation which was passed voiding this section was vetoed due to pending litigation in federal court. Since the end of that litigation, there has been no attempt to delete this section from the law until the floor amendment in the Senate. It is now the position of the State Law Department that this section does not authorize the practice of naturopathic medicine in this State. However, there still seems to be a great amount of confusion in the minds of some citizens of this State concerning the legal ramifications of the action of deleting this section. In a case such as this the provisions of this legislation should have been discussed openly in a committee of the House or Senate before this bill was passed. In vetoing this bill, I am not in any way endorsing the concept of naturopathic medicine. I do want to allow any questions to be answered fully before this section is deleted.
The original provisions of House Bill 1316 are meritorious, and I hope they will be implemented by the General Assembly during the 1987 Session. Until then, I strongly recommend that the Board of Medical Examiners implement the legislation on a voluntary basis by making mandatory on their part the investigation of physicians who meet the requirements of the act and by seeking any legal means to make sure that sealed court records be opened to the Board, if needed in its investigations.
For these reasons, I am vetoing House Bill 1316.
On February 27, 1986, the Governor informed the Senate, in a Memo received by the Secretary of the Senate, of the following Sections of HB 1259, a bill providing for appropriations for the State Fiscal Year ending June 30, 1986, which he had vetoed:
Section 77 (Page 112).
"No State funds in this appropriation shall be paid to or on behalf of Georgia Indigent Legal Services or its affiliates, nor shall any State facilities be made available for their use, including but not limited to the Georgia Interactive Statewide Telecommunications Network either directly or indirectly."
Section 82 (Page 115).
"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."
Lieutenant Governor Zell Miller, President of the Senate, addressed the Senators as follows:
Let me welcome you to the Georgia Senate and congratulate you on your victories.
One of the things I'm most proud of is that I am Georgia's only Lieutenant Governor in history who first served as a Senator before I became your presiding officer.
I love this Senate and everything about it. I cherish the friendships I've made in it since I first came here in 1961 as a 28-year-old still wearing my Marine Corps flattop. And you new members will come to love it, as there's nothing quite like it.
It seems only a short time ago that the gavel banged down ending the 1986 Session with

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JOURNAL OF THE SENATE

a finality that surprised some people. We have adopted some reforms that will help, I think, with the confusion of the last day. We could have done more had the House cooperated.
That abrupt end came primarily because this Senate is not going to be pushed around or intimidated by anyone. We do not seek confrontation, but we will not be passive.
We will cooperate. We will compromise but we will not be dominated.
There are two equal houses in this legislature . . . and the sooner that is understood, the better off everyone will be.
I do not say that with any degree of hostility or malice whatsoever; it's just a ground rule that needs to be thoroughly understood before the first inning begins and the first pitch is thrown.
This opening week will be somewhat different from most first weeks when little in the way of important legislation is considered.
Senate Bill One and Senate Bill Two will be given to the Secretary today and assigned to committee tomorrow.
Although similar legislation was considered last year and has been studied and debated for well over a year, opposing sides should be heard and all Senators, regardless of the committees you serve on, given a chance to fully participate.
For that reason, tomorrow the lead author of the bills, Senator Joe Kennedy, will move that they be considered by the Committee of the Whole. If two-thirds of this body agrees to that and I hope you will the Senate, meeting as a Committee of the Whole, will meet tomorrow afternoon at two o'clock.
The trial lawyers and the Georgia Liability Crisis Coalition will each be given thirty minutes to make their arguments pro and con. Any Senator wishing to be heard will be recognized, and the bills will be acted upon and reported out of Committee.
The bills will then be placed on the calendar for final debate and action on Friday morning. They will be immediately transmitted to the House, and this Senate will go home for the week's recess having clearly spoken and having acted responsibly and expeditiously on a subject of major concern to all Georgians.
Again, I welcome you. Again, I congratulate you. And again, I want you to know I am proud and humbled and honored to be your President. I consider it the best job in state government . . . without exception.
The President announced that the next order of business was the election of the President Pro Tempore.
Senator Gillis of the 20th nominated Senator Kennedy of the 4th as President Pro Tempore.
Senator Coleman of the 1st seconded the nomination.
Senator Allgood of the 22nd asked unanimous consent that the nominations be closed and that the Secretary be instructed to cast the vote of the entire body for Senator Kennedy of the 4th.
The consent was granted, and Senator Kennedy of the 4th was declared elected President Pro Tempore.
The President appointed Senators Gillis of the 20th, Kidd of the 25th and Walker of the 43rd as a committee to escort Senator Kennedy of the 4th, President Pro Tempore, to the Well of the Senate where he addressed the Senators extemporaneously.

MONDAY, JANUARY 12, 1987

27

The President announced the next order of business was the election of the Secretary of the Senate.
Senator Broun of the 46th nominated Honorable Hamilton McWhorter, Jr. of Oglethorpe County as Secretary of the Senate.
Senator Allgood of the 22nd asked unanimous consent that the nominations be closed and the Assistant Secretary, Alice E. Hoge, be instructed to cast the vote of the entire body for Honorable Hamilton McWhorter, Jr.
The consent was granted, and Honorable Hamilton McWhorter, Jr. was declared elected Secretary of the Senate.
The Secretary of the Senate, Hamilton McWhorter, Jr., then designated Alice E. Hoge as Assistant Secretary of the Senate for the 1987-1988 Term of the General Assembly.
The oath of office was administered to Honorable Hamilton McWhorter, Jr. as Secretary of the Senate and Alice E. Hoge as Assistant Secretary of the Senate by the President.
The President announced the next order of business was the election of the Sergeant at Arms of the Senate.
Senator Kennedy of the 4th nominated Honorable Marvin W. "Cap" Hicks of Floyd County as Sergeant at Arms of the Senate.
Senator Allgood of the 22nd asked unanimous consent that the nominations be closed and the Secretary be instructed to cast the vote of the entire body for Honorable Marvin W. "Cap" Hicks.
The consent was granted, and Honorable Marvin W. "Cap" Hicks was declared elected Sergeant at Arms of the Senate.
The following resolution of the Senate was read and put upon its adoption:
SR 1. By Senators Holloway of the 12th, Kennedy of the 4th and Allgood of the 22nd: A resolution adopting the Rules of the Senate.
Senators Barnes of the 33rd, Kidd of the 25th, Gillis of the 20th, English of the 21st and Ray of the 19th offered the following amendment:
Amend SR 1 by deleting from Rule 50 of the Senate Rules "smoking" where it appears in paragraph 6 of the Rule.
Senator Dawkins of the 45th offered the following amendment:
Amend SR 1 by deleting from Rule 50 of the Senate Rules "smoking" where it appears in the last sentence of paragraph 6 of the Rule.
On the adoption of the amendment offered by Senator Dawkins of the 45th, the yeas were 27, nays 24, and the amendment was adopted.
On the adoption of the amendment offered by Senators Barnes of the 33rd, Kidd of the 25th, Gillis of the 20th, English of the 21st and Ray of the 19th, the yeas were 22, nays 27, and the amendment was lost.

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JOURNAL OF THE SENATE

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun of 46th Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols Edge

English Fincher Foster Garner Gillis Harris
Harrison Hine Holloway Howard Hudgins Huggins Kennedy Kidd Land Langford McGill McKenzie

Newbill Olmstead Peevy Perry Phillips Ragan Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate
Timmons Tolleson Turner Tysinger Walker

Not voting were Senators Brown of the 47th and Engram.

On the adoption of the resolution, the yeas were 54, nays 0.

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

The President introduced Dr. James Kaufmann, who is in charge of the doctor of the day program for the General Assembly during the legislative session. Dr. Kaufmann introduced Pamela Hartman and announced that she would be serving as the nurse in the medical aid station during the 1987 session of the General Assembly.

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

SR 2. By Senators Allgood of the 22nd, Kennedy of the 4th and Holloway of the 12th:
A resolution to notify the House of Representatives that the Senate has convened.

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

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

SR 4. By Senator Kennedy of the 4th: A resolution recognizing and commending Reverend and Mrs. Michael Guido.

The resolution was adopted.

MONDAY, JANUARY 12, 1987

29

The following resolution of the Senate was introduced, read the first time and referred to committee:
SR 3. By Senators Holloway of the 12th, Kennedy of the 4th and Allgood of the 22nd: A resolution relative to officials, employees and committees of the Senate.
Referred to Committee on Rules.
The following resolution of the Senate was read and put upon its adoption:
SR 5. By Senator Broun of the 46th: A resolution inviting Dr. Henry King Stanford, interim president of the University of Georgia, to address a Joint Session of the House of Representatives and Senate on January 26, 1987, at 11:00 o'clock A.M. in the Hall of the House of Representatives.
On the adoption of the resolution, the yeas were 46, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has adopted by the requisite constitutional majority the following resolutions of the House:
HR 1. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th and others: A resolution to notify the Senate that the House of Representatives has convened.
HR 2. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th and others: A resolution to notify the Governor that the General Assembly has convened.
The Speaker appointed as a committee of notification on the part of the House the following members:
Representatives Bostick of the 138th, Carter of the 146th, Floyd of the 154th, Holcomb of the 72nd, Pettit of the 19th, Smyre of the 92nd and Wood of the 9th.
The following resolution of the House was read and put upon its adoption:
HR 2. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th and others: A resolution to notify the Governor that the General Assembly has convened.
On the adoption of the resolution, the yeas were 34, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

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The President appointed as a Committee of Notification on the part of the Senate the following:
Senators Dean of the 31st, McKenzie of the 14th, Newbill of the 56th, Ragan of the 10th, Echols of the 6th, Harris of the 27th and Perry of the 7th.
Senator Allgood of the 22nd moved that the Senate do now adjourn until 10:00 o'clock A.M. tomorrow, and the motion prevailed.
At 11:45 o'clock A.M., the President announced the Senate adjourned until 10:00 o'clock A.M. tomorrow.

TUESDAY, JANUARY 13, 1987

31

Senate Chamber, Atlanta, Georgia Tuesday, January 13, 1987 Second Legislative Day
The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.
Senator Barker of the 18th reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following certification was read by the Secretary:
STATE OF GEORGIA Office of the Secretary of the Senate I, Hamilton McWhorter, Jr., Secretary of the Senate of the State of Georgia, do hereby certify that Court of Appeals Judge John W. Sognier, in my presence, administered the Oath of Office to the Honorable M. Parks Brown, District 47, and the Honorable Beverly L. Engram, District 34, as members of the Georgia State Senate for a term commencing January 12, 1987, and ending January 9, 1989, on January 12, 1987, at 2:40 o'clock P.M. in the Memorial Room of Crawford Long Hospital in Atlanta, Georgia.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the Seal of the Georgia State Senate, this 12th day of January, 1987.
Hamilton McWhorter, Jr. Secretary of the Senate of the State of Georgia
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has adopted by the requisite constitutional majority the following resolutions of the House:
HR 5. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th and others: A resolution calling a joint session of the House of Representatives and Senate; providing for other matters relative to the inauguration of the Governor and Lieutenant Governor.
The Speaker appointed as a Committee of Escort on the part of the House the following members:
Representatives Connell of the 87th, Crawford of the 5th, Lane of the lllth, Pannell of the 122nd, Randall of the 101st, Sizemore of the 136th and Wood of the 9th.
HR 6. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th and others: A resolution calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor.

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The Speaker appointed as a Committee of Escort on the part of the House the following members:
Representatives Dixon of the 151st, Godbee of the 110th, Hamilton of the 124th, Jamieson of the llth, Lane of the 27th, Moultrie of the 93rd and Robinson of the 96th.
HR 7. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th and others: A resolution inviting the Justices of the Supreme Court and the Judges of the Court of Appeals to be present at a joint session of the House of Representatives and the Senate to hear a message from the Governor.
HR 8. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th and others: A resolution relative to adjournment.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 1. By Senators Kennedy of the 4th, Coleman of the 1st, Howard of the 42nd, Barnes of the 33rd, Dean of the 31st, McKenzie of the 14th, Deal of the 49th and others: A bill to amend Title 51 of the Official Code of Georgia Annotated, relating to torts, so as to provide a qualified immunity from civil liability for persons serving as directors, officers, or trustees of certain tax-exempt organizations or appointed as unpaid directors, officers, or members of governmental entities; to provide immunity from civil liability for negligent acts or omissions to persons or entities providing medical care without the expectation of compensation.
Senator Kennedy of the 4th moved that SB 1 be referred to the Committee of the Whole Senate.
On the motion, the yeas were 36, nays 0; the motion prevailed, and SB 1 was referred to the Committee of the Whole Senate.
SB 2. By Senators Kennedy of the 4th, Coleman of the 1st, Howard of the 42nd, Barnes of the 33rd, Dean of the 31st, McKenzie of the 14th, Deal of the 49th and others: A bill to amend Title 9 of the Official Code of Georgia Annotated, relating to civil practice, so as to provide that the period of limitation for actions for medical malpractice shall begin to run against persons who are minors when such persons attain the age of five years; to provide that certain actions shall not be revived or extinguished.
Senator Kennedy of the 4th moved that SB 2 be referred to the Committee of the Whole Senate.
On the motion, the yeas were 33, nays 0; the motion prevailed, and SB 2 was referred to the Committee of the Whole Senate.
SB 3. By Senator Kidd of the 25th: A bill to amend Article 2 of Chapter 10 of Title 45 of the Official Code of Georgia Annotated, relating to conflicts of interest, so as to authorize officers and employees of the state to engage in political activities under certain conditions.
Referred to Committee on Governmental Operations.

TUESDAY, JANUARY 13, 1987

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SB 4. By Senator Kidd of the 25th:
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 for the Superior Court of Hancock County in the Ocmulgee Judicial Circuit; to provide an effective date. Referred to Committee on Judiciary.
SB 5. By Senator Kidd of the 25th:
A bill to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to change the age of consent relative to certain sexual offenses; to change the age requirements relative to certain sexual offenses against minors. Referred to Committee on Special Judiciary.
SB 6. By Senator Kidd of the 25th:
A bill to amend Article 4 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, relating to retirement bills in the General Assembly, so as to change the provisions relating to the introduction, consideration, and passage of retirement bills having a fiscal impact. Referred to Committee on Retirement.
SB 7. By Senator Kidd of the 25th:
A bill to amend Chapter 14 of Title 47 of the Official Code of Georgia Annotated, relating to the Superior Court Clerks' Retirement Fund of Georgia, so as to change the provisions relating to retirement benefits for clerks of the superior court and their spouses who are receiving benefits under this article or who may become eligible for benefits in the future. Referred to Committee on Retirement.
SB 8. By Senator Kidd of the 25th:
A bill to amend Article 3 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to proceedings for forfeiture of bonds or recognizances, so as to delete certain provisions relating to the deposit of bond amount into the registry of the court and the return of such bond amount to the principal or surety when the bond amount is not forfeited.
Referred to Committee on Judiciary.
SB 9. By Senator Tolleson of the 32nd:
A bill to amend Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to juries, so as to delete those provisions authorizing 12 person juries in civil actions in state courts. Referred to Committee on Judiciary.
SB 10. By Senator Tolleson of the 32nd:
A bill to amend Chapter 2 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of fire and other hazards, so as to provide for placement of smoke or products of combustion detectors in new single-family and multifamily residential construction; to provide for rules and regulations. Referred to Committee on Special Judiciary.

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SB 11. By Senator Kidd of the 25th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that in elections generally and in municipal elections no provision shall be made on ballots, voting machines, or vote recorders for voting a straight party or body ticket; to change the provisions relating to methods of casting ballots in elections generally and in municipal elections. Referred to Committee on Governmental Operations.
SB 12. By Senator Kidd of the 25th:
A bill to amend the Official Code of Georgia Annotated so as to abolish the Department of Human Resources and create in its place three separate human resources departments: the Department of Physical Health, the Department of Mental Health, and the Department of Social Services; to retain the Board of Human Resources to establish the general policy of the three newly created departments. Referred to Committee on Human Resources.
SB 13. 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 no person shall be eligible as a write-in candidate in a special or general primary, a special or general primary runoff, or in a special or general election runoff; to provide that no person shall be eligible as a write-in candidate in a general or special election if such person was a candidate for nomination or election to the same office in the immediately preceding primary. Referred to Committee on Governmental Operations.
SB 14. By Senator Kidd of the 25th:
A bill to amend Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to personnel administration, so as to authorize the State Personnel Board in its discretion to establish an employee assistance program for employees of departments covered under the state merit system; to authorize the department to adopt and promulgate rules and regulations. Referred to Committee on Governmental Operations.
SB 15. 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 an effective date. Referred to Committee on Retirement.
SB 16. By Senator Kidd of the 25th:
A bill to amend Article 1 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions applicable to landlords and tenants, so as to prohibit owners of multiple-unit and other residential dwellings from interfering with the provision of cable television service to residents of the dwellings; to provide protections for the owners of such dwellings. Referred to Committee on Governmental Operations.
SB 17. By Senator Kidd of the 25th:
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

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purposes; to define a certain term; to provide that certain uses or contracting for certain uses of automatic dialing and recorded message players is unlawful.
Referred to Committee on Governmental Operations.
SB 18. By Senators Barker of the 18th, Stumbaugh of the 55th, Olmstead of the 26th and Allgood of the 22nd:
A bill to amend Article 2 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to limitations on campaign contributions under the "Ethics in Government Act," so as to prohibit certain contributions to or on behalf of the person holding office as Commissioner of Insurance, to or on behalf of candidates for the office of Commissioner of Insurance, or to or on behalf of campaign committees of such candidates.
Referred to Committee on Governmental Operations.
SB 19. By Senator Kidd of the 25th:
A bill to amend Code Section 49-5-8 of the Official Code of Georgia Annotated, relating to the powers and duties of the Department of Human Resources, so as to raise the limit of financial assistance which may be paid to families adopting children who would otherwise remain in foster care at state expense; to provide an effective date. Referred to Committee on Human Resources.
SB 20. By Senator Kidd of the 25th:
A bill to amend Chapter 11 of Title 15, relating to juvenile proceedings, so as to change the definition of the term "child"; to change the provisions relating to the jurisdiction of the juvenile court; to change the provisions relating to the place of detention of children alleged to be delinquent, unruly, or deprived.
Referred to Committee on Judiciary.
SB 21. By Senator Kidd of the 25th:
A bill to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the State Merit System of Personnel Administration, so as to provide for the payment of overtime to employees in the classified service unless employees agree in writing to accept compensatory time in lieu of overtime pay; to provide for the computation of the overtime premium. Referred to Committee on Governmental Operations.
SB 22. By Senator Kidd of the 25th:
A bill to amend Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to financial affairs of the General Assembly, so as to repeal Article 3A, known as the "Local Government Impact Fiscal Notes Act"; to provide an effective date.
Referred to Committee on Rules.
SB 23. By Senator Kidd of the 25th:
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 for the Superior Court of Wilkinson County in the Ocmulgee Judicial Circuit; to provide an effective date.
Referred to Committee on Judiciary.

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SB 24. By Senator Kidd of the 25th:
A bill to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to change the provisions regarding the disposition of mentally ill, alcoholic, or drug dependent individuals after judicial hearings; to change the provisions regarding noncompliance of mentally ill, alcoholic or drug dependent individuals with involuntary outpatient treatment.
Referred to Committee on Human Resources.
SB 25. By Senator Kidd of the 25th:
A bill to amend Title 8 of the Official Code of Georgia Annotated, relating to buildings and housing, so as to provide a program for art in state buildings; to provide a short title; to provide for declaration of purpose; to define certain terms; to provide for financing works of art; to provide for the art in state buildings program to be a budget item in the annual budget.
Referred to Committee on Governmental Operations.
SB 26. By Senator Kidd of the 25th:
A bill to amend Article 2 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated as enacted by the "Ethics in Government Act," relating to campaign contributions, so as to provide that any person who accepts contributions for, makes contributions to, or makes expenditures on behalf of a candidate for state office shall not be required to file a copy of a campaign contribution disclosure report with the local election superintendent.
Referred to Committee on Governmental Operations.
SB 27. By Senator Kidd of the 25th:
A bill to amend Chapter 4 of Title 21 of the Official Code of Georgia Annotated, known as the "Public Officers Recall Act," so as to change the definitions of certain terms; to provide that applications for recall petitions shall be numbered; to require election superintendents to maintain records of applications for recall petitions; to provide time limitations on when applications for recall petitions may be accepted for verification.
Referred to Committee on Governmental Operations.
SB 28. By Senator Kidd of the 25th:
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 state employee injured in the line of duty shall be entitled to his regular compensation for the period of time that any such state employee is physically unable to perform the duties of his employment.
Referred to Committee on Governmental Operations.
SB 29. By Senators Coverdell of the 40th, Harrison of the 37th, Newbill of the 56th and others:
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 restraints for children being transported in motor vehicles, so as to provide that children over three years of age but under 16 years of age shall be protected by safety belts while being transported in motor vehicles; to provide for penalties.
Referred to Committee on Consumer Affairs.

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SB 30. By Senators Coverdell of the 40th, Newbill of the 56th, Harrison of the 37th and others:
A bill to amend Chapter 1 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions applicable to motor vehicles and traffic, so as to require the use of safety belts in motor vehicles; to provide for certain exceptions; to provide for penalties; to provide for other matters relative to the foregoing; to provide an effective date.
Referred to Committee on Consumer Affairs.
SB 31. By Senator Peevy of the 48th:
A bill to amend Code Section 33-34-4 of the Official Code of Georgia Annotated, relating to certain motor vehicle insurance minimum required coverage, so as to provide that certain coverage for loss of income or earnings shall not be required if such owner is a retired person.
Referred to Committee on Insurance.
SB 32. By Senators Peevy of the 48th and Deal of the 49th:
A bill to provide for an additional judge of the superior courts of the Gwinnett Judicial Circuit; to provide for the initial appointment and subsequent election 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 five the number of judges for the Gwinnett Judicial Circuit.
Referred to Committee on Judiciary.
SB 33. By Senator Peevy of the 48th:
A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding local government, so as to provide for criminal penalties in certain cases where garbage, trash, waste, or refuse is transported across state or county boundaries for the purpose of dumping without permission.
Referred to Committee on Special Judiciary.
SB 34. By Senator Peevy of the 48th:
A bill to amend Part 1 of Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to certain privileges and confidentiality regarding certain testimony and communications of witnesses generally, so as to provide that a husband and wife shall be competent and compellable to give evidence in certain criminal proceedings.
Referred to Committee on Special Judiciary.
SB 35. By Senator Burton of the 5th:
A bill to amend Article 1 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions concerning the parent and child relationship, so as to provide that each parent shall provide for the maintenance, protection, and education of his child without regard to whether the child has reached the age of majority if such child is incapable of self-care and self-support because of a mental or physical disability.
Referred to Committee on Special Judiciary.

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SB 36. By Senator Burton of the 5th:
A bill to amend Chapter 3 of Title 30 of the Official Code of Georgia Annotated, relating to use of facilities by the physically handicapped, so as to provide additional requirements for parking lots and for parking spaces for the handicapped. Referred to Committee on Human Resources.
SB 37. By Senators Burton of the 5th and Harrison of the 37th:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige and special license plates, so as to authorize the issuance of special license plates to members of the Ancient Arabic Order, Nobles of the Mystic Shrine, the Shriners; to provide legislative findings; to provide for procedures and fees connected with the issuance of such special license plates. Referred to Committee on Transportation.
SB 38. By Senator Timmons of the llth:
A bill to amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees' Retirement System of Georgia, so as to change the provisions relating to the definition of creditable service; to provide creditable service for certain military service and for requirements and limitations relative thereto; to provide for other matters relative to the foregoing; to provide an effective date. Referred to Committee on Retirement.
SB 39. By Senator Timmons of the llth:
A bill to amend Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to pardons, paroles, and other relief of persons convicted of crimes, so as to provide that costs of medical services may be included in the reimbursement paid by the State Board of Pardons and Paroles to counties for costs of incarceration of persons arrested pursuant to warrants of the board. Referred to Committee on Corrections.
SB 40. By Senator Barnes of the 33rd:
A bill to amend Code Section 34-9-1 of the Official Code of Georgia Annotated, relating to definitions concerning workers' compensation, so as to exclude from the definition of the term "employee" independent contractors who distribute or deliver newspapers; to thereby provide for the inapplicability of the workers' compensation law to such independent contractors. Referred to Committee on Industry and Labor.
SB 41. By Senator Barnes of the 33rd:
A bill to amend Chapter 1 of Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations in general, so as to provide that it shall be unlawful for any employer or the agent of such employer to discharge, discipline, or otherwise penalize an employee because the employee is absent from his or her employment for the purpose of attending a judicial proceeding in response to a subpoena, summons for jury duty, or other court order or process. Referred to Committee on Industry and Labor.
SB 42. By Senator Barnes of the 33rd:
A bill to amend Article 4 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against the person involving reckless conduct, so as to provide that any person who fails to keep a dog at heel, on a leash, confined, or otherwise under control shall be guilty of a misdemeanor if bodily harm is

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39

caused to another person as a result of such failure to keep the dog under control and such failure to keep the dog under control is in violation of a county or municipal ordinance. Referred to Committee on Special Judiciary.
SB 43. By Senator Barnes of the 33rd:
A bill to amend Code Section 19-8-4 of the Official Code of Georgia Annotated, relating to surrender of parental rights and related proceedings in connection with adoptions, so as to provide clearly that a mother's affidavit regarding the putative father is not required in connection with her consent to her child's adoption by her husband; to provide an effective date. Referred to Committee on Special Judiciary.
SB 44. By Senator Barnes of the 33rd:
A bill to amend Code Section 15-10-22 of the Official Code of Georgia Annotated, relating to the qualifications and restrictions on the practice of law for magistrates, so as to change the provisions relating to the restrictions on the practice of law. Referred to Committee on Special Judiciary.
SB 45. By Senator Barnes of the 33rd:
A bill to amend Article 4 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, the "Georgia Driver Improvement Act," so as to change the maximum fees which may be charged by driver improvement clinics for alcohol and drug courses, defensive driving courses, and other courses and programs. Referred to Committee on Special Judiciary.
SB 46. By Senator Barnes of the 33rd: A bill to amend Code Section 9-11-30 of the Official Code of Georgia Annotated, relating to depositions in civil actions, so as to provide that if a deposition is recorded by stenographic means, then any party may at his own expense without the necessity of a court order also use any other means of recording or preserving the deposition.
Referred to Committee on Special Judiciary.
SB 47. By Senator Barnes of the 33rd: A bill to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers, so as to change provisions relating to liability insurance for and indemnification of public officers, officials, and employees; to clarify which officers, officials, and employees may be covered.
Referred to Committee on Insurance.
SB 48. By Senators Deal of the 49th and Foster of the 50th:
A bill to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation in general, so as to provide that the value, ownership, and place of taxation of certain inventories shall be determined annually as of the ending date of the taxpayer's latest completed fiscal year. Referred to Committee on Banking and Finance.
SB 49. By Senator Phillips of the 9th: A bill to amend Code Section 3-3-21 of the Official Code of Georgia Annotated, relating to the sale of alcoholic beverages near churches, school buildings, and other facilities, so as to prohibit the sale of wine or malt beverages within 100

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yards of any church building; to provide exceptions; to change the provisions relating to how distances shall be measured; to provide exceptions. Referred to Committee on Consumer Affairs.
SB 50. By Senator Phillips of the 9th:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions relative to torts, so as to provide for a limitation on the liability of certain nonprofit athletic programs and organizations and certain persons associated with such programs and organizations; to provide for definitions; to provide for a standard of care. Referred to Committee on Judiciary.
SB 51. By Senator Phillips of the 9th:
A bill to amend Article 1 of Chapter 4 of Title 44 of the Official Code of Georgia Annotated, relating to processioning of property boundaries, so as to provide for the appointment of a nine-member board of processioners for each county; to provide for the appointment of temporary processioners; to provide for the powers, duties, practices, and procedures in connection with the processioning of property boundaries. Referred to Committee on Urban and County Affairs (General).
SB 52. By Senator Phillips of the 9th:
A bill to amend Code Section 10-1-372 of the Official Code of Georgia Annotated, relating to deceptive trade practices, so as to provide that making false or misleading statements concerning the reasons for or purpose of any seminar or meeting shall constitute a deceptive trade practice under certain circumstances. Referred to Committee on Industry and Labor.
SB 53. By Senator Phillips of the 9th:
A bill to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to change the provisions relating to the offense of pandering; to redefine the offense of pandering. Referred to Committee on Special Judiciary.
SB 54. By Senator Phillips of the 9th:
A bill to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to change the provisions relating to the offense of pandering; to redefine the offense of pandering. Referred to Committee on Special Judiciary.
SB 55. By Senator Phillips of the 9th:
A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions affecting counties, so as to provide a definition; to provide that no county governing authority shall supplement the compensation of a county officer unless a local law specifically delegates such authority and lists each office to which the local law applies. Referred to Committee on Urban and County Affairs (General).
SB 56. By Senator Phillips of the 9th:
A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions affecting counties, so as to provide that certain

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county officers have the sole authority to select, employ, and discharge necessary personnel.
Referred to Committee on Urban and County Affairs (General).
SB 57. By Senator Phillips of the 9th:
A bill to amend Article 2 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the general powers and duties of the Secretary of State, so as to require the Secretary of State to publish annually an official directory of state and county officials and officers; to provide that such directory shall also contain the names of the members of the Georgia delegation to the Congress of the United States.
Referred to Committee on Governmental Operations.
SB 58. By Senator Phillips of the 9th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to prohibit electors from voting a straight political party or body ticket; to provide for certain exceptions; to change the form of certain official election ballots; to change certain requirements for voting machines; to change the form of certain ballot labels. Referred to Committee on Governmental Operations.
SB 59. By Senator Garner of the 30th:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of superior courts, so as to change the terms of court for the superior courts of the Douglas Judicial Circuit; to provide an effective date. Referred to Committee on Judiciary.
SB 60. By Senator Fincher of the 54th:
A bill to amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to provide that any vehicle which is not covered by certain required insurance and which is used in the commission of the offense of driving under the influence of alcohol or drugs shall be contraband and forfeited to the state; to provide procedures for the seizure and condemnation of such vehicles. Referred to Committee on Public Safety.
SB 61. By Senator Fincher of the 54th:
A bill to amend Chapter 4 of Title 21 of the Official Code of Georgia Annotated, relating to elections for recall of public officers, so as to change who may provide certain information on recall petitions; to change which persons may not circulate recall petitions; to change the time limits in which the legal sufficiency will be determined as to certain recall petitions. Referred to Committee on Governmental Operations.
SB 62. By Senator Fincher of the 54th:
A bill to amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, and conditioned air contractors, so as to extend the deadline for applying for certain licenses obtainable without taking an examination; to provide for affidavit submissions; to provide an effective date. Referred to Committee on Industry and Labor.

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SB 63. By Senators Kidd of the 25th, Walker of the 43rd, Ray of the 19th and others:
A bill to amend Code Section 19-8-8 of the Official Code of Georgia Annotated, relating to the petition for adoption, so as to require the petitioner(s) or the attorney for the petitioner(s) in any proceeding for the adoption of a minor to provide the Department of Human Resources certain information regarding the birth parents of the minor sought to be adopted. Referred to Committee on Human Resources.
SB 64. By Senators Kidd of the 25th, Walker of the 43rd, English of the 21st and others:
A bill to amend Part 4 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to certain required equipment on vehicles, so as to require certain persons in certain vehicles to use seat belts; to provide a definition; to provide exceptions; to provide that a failure to use seat belts may not be introduced in evidence in any civil action and may not be used to diminish recovery of damages. Referred to Committee on Consumer Affairs.
SB 65. By Senators Kidd of the 25th, Perry of the 7th, Walker of the 43rd and others:
A bill to amend Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to students, so as to provide that the administrator of a public school who has reasonable cause to believe that a student of such school is under the influence of an illegal drug may require such student to submit to a drug test; to define certain terms. Referred to Committee on Education.
SB 66. By Senators Kidd of the 25th, Perry of the 7th, Walker of the 43rd and others:
A bill to amend Code Section 20-2-142 of the Official Code of Georgia Annotated, relating to prescribed courses under the "Quality Basic Education Act," so as to require a course of study concerning the impact of alcohol, smoking, and drug abuse upon health for all grades and grade levels in the public school system; to prescribe the hours of such course and the use of certain video tapes for grades six through 12. Referred to Committee on Education.
SB 67. By Senator Garner of the 30th:
A bill to amend Article 3 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to obscenity and related offenses, so as to make it unlawful for any person knowingly to possess child pornography; to define certain terms; to provide penalties. Referred to Committee on Special Judiciary.
SB 68. By Senator Garner of the 30th:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions concerning torts, so as to provide that a person who engages in a criminal act on property owned or leased by a political subdivision of this state and who suffers an injury which is not inflicted by an officer, employee, or agent of such political subdivision shall not have a cause of action against such political subdivision for such injury. Referred to Committee on Judiciary.
SR 6. By Senator Kidd of the 25th:
A resolution proposing an amendment to the Constitution so as to provide that bills for raising or reducing revenue may originate in either house of the General

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Assembly; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Banking and Finance.

SR 7. By Senator Kidd of the 25th:
A resolution proposing an amendment to the Constitution so as to change the provisions relating to the election and terms of office of members of the General Assembly; to change the provisions relating to the organization of the General Assembly; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Governmental Operations.

SR 8. By Senator Kidd of the 25th: A resolution relative to the creation of an Arts Development Fund.
Referred to Committee on Rules.

SR 9. By Senators Barker of the 18th, Harris of the 27th and Olmstead of the 26th:
A resolution recognizing Viola Ross Napier and authorizing the placing of her portrait in the State Capitol Building. Referred to Committee on Rules.

SR 11. By Senators Deal of the 49th and Foster of the 50th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to establish a different assessment date or assessment dates for ad valorem taxation of inventories; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Banking and Finance.

SR 12. By Senator Fincher of the 54th: A resolution designating the C. W. Bradley Bridge.
Referred to Committee on Transportation.

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

Mr. President:

The Committee on Rules has had under consideration the following resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SR 3. Do pass.
Respectfully submitted,
Senator Holloway of the 12th District, Chairman

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

Albert Allgood Baldwin Barker Barnes Bowen Brannon

Broun of 46th Bryant Burton Coleman Coverdell Crumbley Dawkins

Deal Dean Echols Edge English Fincher Foster

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Garner Gillis Harris Harrison Hine Holloway Howard Hudgins Huggins Kennedy Kidd

Land Langford McGill McKenzie Newbill Olmstead Peevy Perry Phillips Ragan Ray

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

Not answering were Senators Brown of 47th (excused) and Engram (excused).

Senator Allgood of the 22nd introduced the chaplain of the day, Reverend J. R. Hatney, pastor of Good Hope Baptist Church, Augusta, Georgia, who offered scripture reading and prayer.

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

HR 5. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th, Groover of the 99th, Lee of the 72nd and Edwards of the 112th:
A resolution calling a Joint Session of the House of Representatives and Senate on Tuesday, January 13, 1987, at 11:00 o'clock A.M., called for the purpose of inaugurating Honorable Joe Frank Harris as Governor and Honorable Zell Miller as Lieutenant Governor.

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

Senators Kennedy of the 4th, Gillis of the 20th, Dean of the 31st, McKenzie of the 14th, Barnes of the 33rd and Harris of the 27th.

HR 6. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th, Groover of the 99th, Lee of the 72nd and Edwards of the 112th:
A resolution calling a Joint Session of the House of Representatives and Senate on Thursday, January 15, 1987, at 11:00 o'clock A.M., called for the purpose of hearing the State of the State and Budget message from His Excellency, Governor Joe Frank Harris.

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

Senators Barnes of the 33rd, Dean of the 31st, McKenzie of the 14th, Ray of the 19th, Allgood of the 22nd, Bryant of the 3rd and Walker of the 43rd.

HR 7. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th, Groover of the 99th, Lee of the 72nd and Edwards of the 112th:
A resolution inviting the Justices of the Supreme Court and the Judges of the Court of Appeals to be present at a Joint Session of the House of Representatives and Senate on Thursday, January 15, 1987, at 10:45 o'clock A.M., called for the purpose of hearing the State of the State and Budget message from His Excellency, Governor Joe Frank Harris.

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45

HR 8. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th, Groover of the 99th, Lee of the 72nd and Edwards of the 112th: A resolution relative to adjournment by the General Assembly of Georgia on Friday, January 16, 1987, at 5:00 o'clock P.M., and to reconvene on Monday, January 26, 1987, at 10:00 o'clock A.M.
SR 10. By Senator Barnes of the 33rd: A resolution recognizing and commending the Adolescent Urine Drug Screen Program of the Cobb County Medical Society.
Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair.
The following resolution of the Senate, having been read the first time and referred to the Senate Committee on Rules and favorably reported by the committee, was put upon its adoption:
SR 3. By Senators Holloway of the 12th, Kennedy of the 4th and Allgood of the 22nd: A resolution relative to officials, employees and committees 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, the yeas were 41, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
Senator Langford of the 35th asked unanimous consent to excuse Senator Engram of the 34th from the Senate and all roll calls today and each day hereafter until she is dismissed from the hospital and returns to the Senate.
The consent was granted, and Senator Engram of the 34th was excused from the Senate and all roll calls today and will be excused each day hereafter until she is dismissed from the hospital and returns to the Senate.
Senator Coleman of the 1st asked unanimous consent to excuse Senator Brown of the 47th from the Senate and all roll calls today and each day hereafter until he is dismissed from the hospital and returns to the Senate.
The consent was granted, and Senator Brown of the 47th was excused from the Senate and all roll calls today and will be excused each day hereafter until he is dismissed from the hospital and returns to the Senate.
Senator Newbill of the 56th introduced the doctor of the day, Dr. William C. Collins, of Sandy Springs, Georgia.
Senator Holloway of the 12th moved that the Senate adopt the following recommendations of the Rules Committee pertaining to Senate Rule 17:
SENATE FLOOR PRIVILEGES Rule 17. No person shall be allowed to enter upon the floor of the Senate except (1) the Senators and officers thereof, (2) the officers and members of the House, (3) the Governor of the State, (4) staff members of the Secretary of the Senate, Clerk of the House, and the office of Legislative Counsel, (5) former Senators, except those registered as lobbyists or who are presently employed by the state, and (6) such others as the Senate may allow upon written recommendation of the Rules Committee.

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Rules Committee Recommendations to the Senate
As provided for in Rule 17, the Senate Rules Committee recommends to the Senate the following:
1. Any Senator may bring a person in the rear alcove (between the main door and the rope) and the cloakroom (North Lobby) of the Senate Chamber for a period of not more than five minutes if the Senator remains with him during that time. Aides and staff shall not loiter in these areas.
2. Spouses and families of Senators may be seated in the left front (facing rostrum) of the Senate Chamber in the chairs provided for them.
3. Photographers may be allowed on the Senate floor. They shall not block the aisles, be seated, or impede the vision of any Senator at any time or remain on the Senate floor when not taking pictures. No additional lights or flash bulbs shall ever be allowed in the Chamber when the Senate is in session.

4. No one except a member of the General Assembly shall ever sit in a Senator's seat when the Senate is in session.
5. Secretaries, Aides provided for in SR 3, and not more than one Aide per Senator (wearing a white nametag) shall be admitted on the floor of the Senate for the purpose of delivering and receiving communications from Senators. They shall not take dictation, block the aisles, be seated or loiter in the Senate Chamber. The Aide selected by each Senator shall be designated to the Secretary of the Senate in writing and shall not be changed during the session except by permission of the Rules Committee. The Secretaries and Aides provided for in this paragraph shall communicate only with the Senator for whom they work and shall not carry on a conversation with any other person. No Senate Intern may be designated by a Senator as his Aide.
6. One Intern shall be stationed in the rear of the Senate Chamber for the convenience of the Senators. The rotation of the Interns shall be the duty of the Intern Coordinator.
On the adoption of the Senate Rules Committee recommendations pertaining to Senate Rule 17, the yeas were 30, nays 0, and the recommendations were adopted.
Senator Allgood of the 22nd moved that the Senate recess at 11:00 o'clock A.M., the hour for the Joint Session of the Senate and House called for the purpose of inaugurating Honorable Joe Frank Harris as Governor and Honorable Zell Miller as Lieutenant Governor, and that, upon dissolution of the Joint Session, the Senate stand in recess until 2:00 o'clock P.M. today; the motion prevailed.
The hour for convening the Joint Session of the Senate and House under the provisions of HR 5 having arrived, the President, accompanied by the Secretary and the Senators, proceeded to the Washington Street entrance on the West side of the Capitol where the Joint Session, called for the purpose of inaugurating Honorable Joe Frank Harris as Governor and Honorable Zell Miller as Lieutenant Governor, was called to order by Honorable Thomas B. Murphy, Speaker of the House of Representatives.
The inaugural program was as follows:
Inaugural Program

January 13, 1987-Washington Street-The State Capitol

PRELUDE

COMBINED BANDS of the GEORGIA Am and ARMY NATIONAL GUARD

11:30 A.M.

PRESENTATION OF COLORS (Please Stand) THE NATIONAL ANTHEM (Remain Standing)

GEORGIA NATIONAL GUARD Miss VALERIE MARTIN

TUESDAY, JANUARY 13, 1987

47

JOINT SESSION

called to order by The Honorable THOMAS B. MURPHY,

Speaker, House of Representatives

INVOCATION (Please Stand)

MR. FRANK G. HARRIS, Father of Governor HARRIS

RECOGNITION OF STATE OFFICIALS AND DISTINGUISHED GUESTS ...........

The Honorable THOMAS B. MURPHY, Speaker, House of Representatives

PRESENTATION OF GOVERNOR JOE FRANK HARRIS ...........................

The Honorable THOMAS B. MURPHY, Speaker, House of Representatives

DELIVERY OF THE GREAT SEAL OF GEORGIA TO GOVERNOR .................

The Honorable MAX CLELAND, Secretary of State

12:00 NOON

ADMINISTRATION OF OATH OF OFFICE TO GOVERNOR

The Honorable ROBERT BENHAM, Judge, Court of Appeals

HONORS 19 GUN SALUTE (Please Stand) COMBINED BANDS of the GEORGIA AIR and

GEORGIA NATIONAL GUARD

ARMY NATIONAL GUARD

Ruffles and Flourishes and

The Battle Hymn of the Republic

DELIVERY OF GREAT SEAL OF GEORGIA TO SECRETARY OF STATE

The Honorable JOE FRANK HARRIS, Governor

INAUGURAL ADDRESS

The Honorable JOE FRANK HARRIS, Governor

ADMINISTRATION OF OATH OF OFFICE TO LIEUTENANT GOVERNOR

The Honorable BRYANT HUFF

Judge, Superior Court of Gwinnett County

REMARKS ........................ The Honorable ZELL MILLER, Lieutenant Governor

RETIRING OF COLORS (Please Stand)

GEORGIA NATIONAL GUARD

BENEDICTION (Remain Standing)

The Reverend DON HARP

DISSOLUTION OF JOINT SESSION ...............................................

The Honorable ZELL MILLER, Lieutenant Governor

POSTLUDE

COMBINED BANDS of the GEORGIA AIR and ARMY NATIONAL GUARD

Immediately Following Ceremony

RECEPTION

The State Capitol Rotunda

Honorary Escorts Members of the General Assembly The Old Guard of the Gate City Guard and The Gate City Guard

After taking the oath of office from Honorable Robert Benham, Judge, Court of Appeals, His Excellency, Governor Joe Frank Harris, addressed the Joint Session of the Senate and House of Representatives as follows:

Four short years ago ... on a bitterly cold January day ... I stood here and accepted the reins of government that you accorded me.
Today, I humbly accept the challenges for a second time . . . and renew my vow ... to work even harder ... in serving as your Governor.
These four years have been marked by unusual experiences and matchless memories . . . great progress and real achievements . . . difficult times and tough decisions. But with your support and your prayers, Georgia has prospered.
In 1983, our state was faced with economic uncertainty . . . public education was crying for improvement . . . reserve funds were depleted . . . the budget had to be slashed . . . and many Georgians were in need of jobs and increased governmental services.
I was committed to stringent and responsible management of our state's fiscal resources ... by getting the most service possible for every tax dollar . . . and giving better government, not more government, and by operating within our means, with compassion, and without a tax increase.

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Above all, I pledged that state government under the Harris administration would work to instill excellence in every area.
Because of your help, the General Assembly's hard work and support, and our state employees' dedication and loyalty, those dreams became reality, . . . and gave birth to a record of great accomplishments.
Today, Georgia's reserves are filled, and we are not faced with a shortage in the existing budget. We have become a national leader in education reform with the passage and implementation of the Quality Basic Education Act. Our economic growth has been unprecedented . . . setting new records for capital expansion, foreign investment, and new jobs. State government is reaching out . . . with more efficiency and effectiveness ... to more people than ever before.
A new businesslike approach to state government . . . and a solid "team concept" . . . are in place among the members of the General Assembly, constitutional officers, state agencies, and local governments.
These experiences and lessons give me tremendous hope, optimism, and excitement as I look to the future.
My faith in the people of Georgia is greater today than ever before because I have seen what we can achieve. I am convinced that we can realize our full, God-given potential by continuing to work together.
My enthusiasm as I look toward the future is based on my belief in you. I am eager for the challenges ahead . . . because you continue to be the catalyst which makes great things happen.
Reflect on our achievements with earned pride, . . . but rest not! Today, I am more concerned with the future. We cannot . . . and must not . . . become complacent. Georgia has yet to reach its best. Our competition is worldwide, . . . and we must be prepared!
Being your Governor has made me acutely aware that this office will always belong to the people of Georgia. State government exists only to serve your needs . . . and help solve your problems . . . while seeking a better tomorrow.
Every Georgian must have the best education possible. Education is the avenue to make our youth both dreamers and doers . . . and to reach our adults with better means of meeting a changing world.
Education is a process which begins at birth, . . . and should never end. Those adults who missed opportunities before . . . will be given a brighter pathway out of the darkness of illiteracy. For the first time . . . education will provide the chance to assume . . . with confidence . . . the rights and responsibilities as a citizen and find fulfillment in life.
Just existing is not enough . . . Georgians must be at their best. Having access to health and medical services will enable them to be strong . . . and to avoid illness and problems which limit or cut short their potential.
Greater efforts must be made to prevent problems . . . such as teenage pregnancy, infant mortality, birth defects, child abuse, alcoholism, and drug use . . . before they occur, instead of dealing with them as crises afterwards. Stopping this demeaning, deadly cycle . . . which links these problems ... is the challenge we face in restoring our citizens' hope and faith in themselves.
All Georgians must feel safe in our homes and on our streets . . . being protected from the criminal element and knowing that if crime occurs, justice will be done. Lawbreakers will be caught and punished.
Every Georgian should have the opportunity to work in a chosen field . . . hold a meaningful job . . . one which recognizes your contributions to the economy and pays you well enough to care for your families and plan for the future.
We must continue efforts to diversify our economy ... to provide a buffer from eco-

TUESDAY, JANUARY 13, 1987

49

nomic uncertainties which are beyond state and local control. However, diversification does not mean abandoning support for our traditional industries, such as textiles, nor our historical economic base, agriculture. All of these are necessary for a vibrant, sustaining economy.
Georgia is blessed with a dynamic business community . . . from small business men and women to top corporations and foreign investors . . . which sends a progressive business signal across our nation and around the world.
Coming generations must have the same opportunity to build businesses, rear families and develop communities. Therefore, the responsibility is great to protect the natural resources God has given us. Our existence is linked to the future of our land, air ... and water. We must manage these sacred blessings with care and foresight.
A "growth strategy" for the future must be developed ... to ensure that improvements to our infrastructure are wise and productive. Local government officials who are closest to the stresses and strains must help to meet this economic development need.
Just as I want all of our citizens to be fully self-sufficient, I have the same goal for all of our communities across this state. Providing our cities and towns with strong assistance is vital to put them clearly in charge of their own destiny.
Today is our future . . . and we can achieve! We are limited only by the extent of our dreams.
My dreams for all Georgia are based on what I know about our people and our land. Georgians believe in the traditional values of home, family, community, education, faith in God, hard work, and investing for the future.
We are entrepreneurs at heart. . . inventors . . . dreamers . . . doers . . . stretching to outer boundaries with our ideals. We are greater than ourselves because we are bound together ... a team ... as partners . . . sharing, caring, and working.
Above all, we are a state reaching out together for God's blessings. I believe in my heart . . . our best is yet to be. I am not afraid of tomorrow . . . because we have weathered yesterday . . . and God has given us the greatest gift of all ... He has given us today!
Let us once again . . . join together ... in our prayers and in our efforts ... to make today . . . Georgia's best. May God bless each one of you and may God bless our State.
After being sworn in as Lieutenant Governor by the Honorable Bryant Huff, Judge, Superior Court of Gwinnett County, Lieutenant Governor Zell Miller addressed the Joint Session of the Senate and House of Representatives as follows:
MY FELLOW GEORGIANS:
Tomorrow it will have been one month since Dick Rutan and Jeana Yeager set out to do what no human beings before them had ever done.
Few believed they would get their flying phone booth off the ground, let alone pilot the Voyager nonstop around the world without refueling.
But they were propelled by a vision more powerful than the storms they encountered. And by sheer courage and uncompromising determination, they succeeded. They overcame mechanical difficulties and numbing exhaustion to make their dream a reality.
That feat and their faith serve to remind us in the most graphic way of what mankind can achieve whenever we dedicate ourselves to lofty goals and pursue them to the utmost of our mental, physical and spiritual capacities.
It is the same point that Dick Rutan and Jeana Yeager made in the heavens last month

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that I want to make today to you who have joined with us to pay tribute to the great Governor whose second administration we inaugurate.
And that is that we Georgians, too, can set demanding goals for ourselves and realize them.
That we, too, can dream dreams which some may call impossible, and make them come true.
That we, too, do not have to be bound by the self-imposed limitations of those who are too timid to dare, or too doubting to dream.
I am confident that I speak your sentiments when I say how proud we are collectively to have in Joe Frank Harris a leader who embodies the traits of grit, guts, goals and results which Rutan and Yeager have helped restore as American virtues.
And I want you to know how proud I am personally to be on the team of this great Governor who has wrought a quiet revolution in the growth and progress of our State of which few are aware of the total dimensions.
Because of what has been accomplished during the first four Harris years and what he proposes to do during his next four, Georgia is on the move educationally, economically and ethically and things never again will be the same, either in or out of the Statehouse, because of the wheels he quietly but forever has set into motion.
And I am certain that Governor Harris would be the first to agree with me that we cannot be satisfied with merely getting by or simply being good in our programs.
We cannot be content with just being good we must strive for excellence.
We cannot settle for just reaching to the national level we must exceed it.
We cannot be a follower of trends we must be a leader in setting trends.
My friends, we can provide a quality education for every Georgia child regardless of his color, economic status or place of residence.
And we will!
We can provide health care for the elderly, the medically indigent and those beset with catastrophic illnesses.
And we will!
We can increase our per capita income to the level enjoyed by other Americans.
And we will!

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51

We can build a system of developmental highways to bring growth and progress to all sections of our State.
And we will!

We can achieve a drug-free society by stopping drugs at the source and putting the peddlers of this poison behind bars where they belong.
And we will!
We can protect, preserve and perpetuate our water resources to insure against repetitions of the water crisis triggered by last year's drought.
And we will!
We can make certain that all Georgians enjoy a similar degree of economic prosperity and job opportunities, but without dividing our citizens or diluting the phenomenal growth which has made the metro area of Atlanta the economic miracle of this nation.
And we will!
It was my mother who, by word and deed, taught me to dream to dream always of a better future . . . but that you had to work and pay the price to make those dreams come true.
She would say, "Take what you want, sayeth the Lord; take it and pay for it." I've never been able to document that passage in the Bible, but it was Birdie's scripture, and it was very much a part of my motivational makeup when I was a boy growing up in the remoteness of the Georgia mountains.
And that is what my message to you today is: We must dream! We must have a vision of what Georgia in the 1990s and the 21st century can and should be. But we, the guardians and molders of that future, will have to pay a price in political courage and determination.
Speaking of dreams, I never, ever went so far as to envision that I would be inaugurated for even a first, to say nothing of a fourth, term as Lieutenant Governor.
To have the unprecedented privilege of serving you and all Georgians again in the second highest office of our State is an honor that continues to be humbling, and, yes, continues to be challenging.
The commitment I make to you today is that I will continue to work as I have in the past to make each today better than yesterday, and to make all tomorrows the best each can possibly be.
Working together with your help and the blessing of Almighty God I am confident that we will realize the dreams we have for ourselves and for this great State.
Toward that end 1 again pledge you my total dedication and utmost effort.
Thank you.

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Senator Allgood of the 22nd moved that the Joint Session be now dissolved, and the motion prevailed.
The President of the Senate, Lieutenant Governor Zell Miller, announced the Joint Session dissolved.
Pursuant to a previously adopted motion, the Senate stood in recess until 2:00 o'clock P.M.
At 2:00 o'clock P.M., the President called the Senate to order.
Senator Kennedy of the 4th moved that the Senate resolve itself into the Committee of the Whole Senate to consider SB 1 and SB 2.
On the motion, the yeas were 35, nays 0; the motion prevailed.
The President appointed Senator Kennedy of the 4th Chairman of the Committee of the Whole Senate.
At 2:05 o'clock P.M., the Senate resolved itself into the Committee of the Whole Senate to consider SB 1 and SB 2.
The Committee of the Whole Senate was dissolved at 3:45 o'clock P.M., and the Senate reconvened.
Senator Kennedy of the 4th reported that the Committee of the Whole Senate met and had SB 1 and SB 2 under consideration and instructed him, as Chairman, to report back to the Senate with the recommendation that SB 1 and SB 2 "Do pass".
Senator Allgood of the 22nd moved that the Senate do now adjourn until 10:00 o'clock A.M. tomorrow, and the motion prevailed.
At 3:50 o'clock P.M., the President announced the Senate adjourned until 10:00 o'clock A.M. tomorrow.

WEDNESDAY, JANUARY 14, 1987

53

Senate Chamber, Atlanta, Georgia Wednesday, January 14, 1987 Third Legislative Day

The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.
Senator Land of the 16th reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 69. By Senators Fincher of the 54th and Huggins of the 53rd:
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 Lakeview-Fort Oglethorpe-Catoosa County Stadium Authority; to provide the authority for this Act; to provide an effective date. Referred to Committee on Urban and County Affairs.
SB 70. By Senator Brannon of the 51st:
A bill to amend Article 3 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, known as "The Georgia Coroner's Training Council Act," so as to change the membership of the Georgia Coroner's Training Council; to change the provisions relating to the quorum of such council. Referred to Committee on Governmental Operations.
SB 71. By Senator Brannon of the 51st: A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that the names of write-in candidates for whom the notice of intention of candidacy has not been provided in compliance with other provisions of law shall not be counted, tabulated, or certified; to provide an effective date.
Referred to Committee on Governmental Operations.
SB 72. By Senators Tolleson of the 32nd, Newbill of the 56th and Harrison of the 37th:
A bill to amend an Act creating a new charter for the City of Smyrna, as amended, so as to provide for the election of the mayor and all councilmen at the same elections. Referred to Committee on Urban and County Affairs.
SB 73. By Senator Deal of the 49th: A bill to amend Chapter 9 of Title 9 of the Official Code of Georgia Annotated, relating to arbitration, so as to repeal certain provisions relative to common-law arbitration; to repeal certain provisions relating to special statutory provisions relative to arbitration; to extend certain provisions relative to arbitration of construction contracts to agreements to arbitrate generally.
Referred to Committee on Judiciary.

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SB 74. By Senator Kidd of the 25th:
A bill to amend an Act creating a board of commissioners of Baldwin County, as amended, so as to change the manner of electing members of the board of commissioners; to provide for election of board members from districts; to provide for terms of office; to provide procedures; to provide for the election of the chairman.
Referred to Committee on Urban and County Affairs.
SB 75. By Senators Dawkins of the 45th, Barnes of the 33rd, Dean of the 31st and McKenzie of the 14th:
A bill to amend Article 6 of Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to benefits under the "Employment Security Law," so as to provide for changes in the amount of the maximum weekly benefit; to provide that an individual who is discharged or suspended from work for certain causes shall be disqualified for benefits until he earns insured wages equal to eight times the weekly benefit amount of his claim.
Referred to Committee on Industry and Labor.
SB 76. By Senators Tysinger of the 41st, Stumbaugh of the 55th, Burton of the 5th and others:
A bill to amend Article 2 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to the "Ethics in Government Act," so as to prohibit industrial loan licensees and insurers from making contributions to or on behalf of the person holding office as Commissioner of Insurance or to or on behalf of candidates for the office of Commissioner of Insurance or to or on behalf of campaign committees of such candidates.
Referred to Committee on Governmental Operations.
SB 77. By Senator Tysinger of the 41st:
A bill to amend Code Section 40-6-391 of the Official Code of Georgia Annotated, relating to driving under the influence of alcohol or drugs, so as to provide that convictions for violations of said Code section shall also mean convictions for violations of parallel federal laws or regulations or convictions for violations of previously existing or existing parallel laws of this or other states or convictions for the violations of ordinances adopting said Code section.
Referred to Committee on Judiciary.
SB 78. By Senator Hine of the 52nd:
A bill to amend Code Section 10-5-22 of the Official Code of Georgia Annotated, relating to the burden of proving exemptions to securities laws and the admissibility of certified records in proceedings involving securities, so as to provide that a certificate of the Secretary of State as commissioner of securities regarding compliance or noncompliance with the securities laws shall constitute prima-facie evidence of such compliance or noncompliance and shall be admissible in civil or criminal actions.
Referred to Committee on Judiciary.
SB 79. By Senator Hine of the 52nd:
A bill to amend Code Section 10-5-9 of the Official Code of Georgia Annotated, relating to transactions exempted from requirements of sales by registered persons or requirements of registration of securities, so as to provide that transac-

WEDNESDAY, JANUARY 14, 1987

55

tions involving the issuance or sale of securities meeting certain conditions do not require registration if sold to no more than 25 persons. Referred to Committee on Judiciary.
SB 80. By Senator Hine of the 52nd:
A bill to amend Part 11 of Article 1 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to costs to financial institutions on judicial process, so as to provide for the reimbursement of costs incurred by financial institutions in complying with requests for the production of documents when the financial institution is not a party to the proceedings. Referred to Committee on Judiciary.
SB 81. By Senators Langford of the 35th, Coverdell of the 40th, Scott of the 36th and others:
A bill to amend Chapter 10 of Title 36 of the Official Code of Georgia Annotated, relating to public works contracts, so as to provide that in any county of this state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census, public works contracts shall be let to the lowest responsible bidder and that any or all bids may be rejected. Referred to Committee on Rules.
SB 82. By Senators Langford of the 35th, Coverdell of the 40th, Scott of the 36th and others:
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, as amended, so as to create the position of senior judge of any such court; to provide the qualifications for said position; to provide for the duties of such senior judges. Referred to Committee on Rules.
SB 83. By Senators Langford of the 35th, Coverdell of the 40th, Scott of the 36th and others:
A bill to amend Chapter 41 of Title 36 of the Official Code of Georgia Annotated, known as the "Urban Residential Finance Authorities Act for Large Municipalities" (municipalities of this state having a population of 400,000 or more according to the United States decennial census of 1980 or any future such census), so as to change the provisions relating to certain definitions. Referred to Committee on Rules.
SB 84. By Senators Langford of the 35th, Coverdell of the 40th, Scott of the 36th and others:
A bill to amend an Act fixing the compensation of the board of commissioners of counties having a population of 550,000 or more according to the United States decennial census of 1970 or any future such census, as amended, so as to change the provisions relating to the United States decennial census used for the population classifications of such counties. Referred to Committee on Rules.
SB 85. By Senators Langford of the 35th, Coverdell of the 40th, Scott of the 36th and others:
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 governing authorities in cities having populations of not less than 400,000 according

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to the United States decennial census of 1980 or any future such census to enter into binding contracts regarding downtown development areas and urban redevelopment areas. Referred to Committee on Rules.
SB 86. By Senators Langford of the 35th, Coverdell of the 40th, Scott of the 36th 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 the creation of a county board of health by ordinance in all counties of this state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census. Referred to Committee on Rules.
SB 87. By Senators Langford of the 35th, Coverdell of the 40th, Newbill of the 56th and Shumake of the 39th:
A bill to amend Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to provisions of the Employees' Retirement System of Georgia which are applicable to particular groups of employees, so as to provide that certain employees of county boards and county departments of health of counties of this state having a population of 550,000 or more shall have the option to become members of the Employees' Retirement System of Georgia or remain members of a local retirement system. Referred to Committee on Rules.
SB 88. By Senators Langford of the 35th, Coverdell of the 40th, Newbill of the 56th and Shumake of the 39th:
A bill to amend Code Section 31-3-2.1 of the Official Code of Georgia Annotated, relating to county boards and departments of health of counties of this state having a population of 550,000 or more, so as to provide that the Department of Human Resources shall make payments to the county governing authority of such counties to reimburse such counties for expenses incurred by them in providing retirement system services for certain employees. Referred to Committee on Rules.
SB 89. By Senators Langford of the 35th, Coverdell of the 40th, Newbill of the 56th and Shumake of the 39th:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile courts, so as to authorize a program of state subsidies to assist certain counties in the funding of juvenile intake workers and juvenile probation officers; to establish a task force to determine a formula for the distribution of funds appropriated for such subsidies. Referred to Committee on Judiciary.
SB 90. By Senator Allgood of the 22nd:
A bill to amend Code Section 40-8-111 of the Official Code of Georgia Annotated, relating to school bus equipment, generally, so as to change the configuration and number of lights required on school buses. Referred to Committee on Public Safety.
SB 91. By Senator Allgood of the 22nd:
A bill to amend Code Section 40-5-55 of the Official Code of Georgia Annotated, relating to certain chemical tests administered to determine the alcoholic or drug

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content of certain persons who operate motor vehicles, so as to require that such chemical tests shall be administered as soon as possible to any person who operates a motor vehicle upon the highways or elsewhere throughout this state who is involved in any traffic accident resulting in serious injuries or fatalities. Referred to Committee on Judiciary.
SB 92. By Senators Mine of the 52nd and Dawkins of the 45th:
A bill to amend Code Section 40-5-55 of the Official Code of Georgia Annotated, relating to implied consent to chemical tests and suspension of drivers' licenses for refusal to submit to tests, so as to provide that the sworn report of a law enforcement officer regarding the refusal of an arrested person to submit to chemical tests shall be transmitted to the Department of Public Safety within ten days after the date of the arrest of such person. Referred to Committee on Judiciary.
SB 93. By Senator Kidd of the 25th:
A bill to amend an Act placing the sheriff, judge of the Probate Court, and clerk of the Superior Court of Hancock County on an annual salary in lieu of the fee system of compensation, as amended, so as to change the provisions relating to deputy sheriffs; to provide for a secretary and radio operators and their compensation. Referred to Committee on Urban and County Affairs.
SB 94. By Senators Stumbaugh of the 55th, Deal of the 49th, Land of the 16th and others:
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 revise extensively 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. Referred to Committee on Insurance.
SB 95. By Senator Baldwin of the 29th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the LaGrange Development Authority; to provide the authority for this Act. Referred to Committee on Urban and County Affairs.
SR 13. By Senator Broun of the 46th:
A resolution creating the University System Laboratory, Equipment, Rehabilitation Technology, and Eminent Scholars Endowment Study Committee. Referred to Committee on Rules.
SR 14. By Senators Coverdell of the 40th, Phillips of the 9th, Harrison of the 37th and others:
A resolution proposing an amendment to the Constitution to authorize the General Assembly to provide by law for the selection of grand and trial jurors on a judicial circuit basis and to create circuit-wide, regional, or state-wide investigative grand juries with such powers, duties, and jurisdiction as shall be provided by law; to provide for the submission of this amendment for ratification or rejection. Referred to Committee on Judiciary.

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SR 16. By Senator Garner of the 30th:
A resolution proposing an amendment to the Constitution so as to change the term of office of the Governor; to change certain provisions relating to the election of the Governor; to change certain provisions relating to the election and term of office of the Lieutenant Governor; to change certain provisions relating to the election and term of office of other executive officers; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Governmental Operations.

The following report of the Committee of the Whole Senate was read by the Secretary:

Mr. President:

The Committee of the Whole Senate has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 1. Do pass. SB 2. Do pass.
Respectfully submitted,
Senator Kennedy of the 4th District, Chairman.

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

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun of 46th Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols Edge

English Fincher Foster Garner Gillis Harris Harrison Mine Holloway Howard Hudgins Huggins Kennedy Kidd Land Langford McGill McKenzie

Newbill Olmstead Peevy Perry Phillips Ragan Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Timmons Tolleson Turner Tysinger Walker

Not answering were Senators Brown of the 47th (excused) and Engram (excused).

Senator Ray of the 19th introduced the chaplain of the day, Reverend Frank Johnson, pastor of the First Baptist Church, Douglas, Georgia, who offered scripture reading and prayer.

Senator Kennedy of the 4th introduced the doctor of the day, Dr. Curtis Hames, of Claxton, Georgia.

Senator Coverdell of the 40th introduced Consul General Issachar Katzir of Israel.

WEDNESDAY, JANUARY 14, 1987

59

The following resolution of the Senate was read and adopted:
SR 15. By Senators Garner of the 30th, Kennedy of the 4th, Kidd of the 25th and others: A resolution recognizing "Georgia Correctional Officers' Week" in Georgia, beginning May 3, 1987.
Senator Allgood of the 22nd moved that the Senate do now adjourn until 10:00 o'clock A.M. tomorrow, and the motion prevailed.
At 10:45 o'clock A.M., the President announced the Senate adjourned until 10:00 o'clock A.M. tomorrow.

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Senate Chamber, Atlanta, Georgia Thursday, January 15, 1987 Fourth Legislative Day
The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.
Senator Barker of the 18th reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 13. By Representative Rainey of the 135th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to the creation of the Crisp County-Cordele Industrial Development Authority.
HB 16. By Representatives Thomas of the 69th, Chambless of the 133rd and Waldrep of the 80th: 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 magistrate courts shall charge and collect and transmit to the clerks of superior court the clerks' fees for recording of writs of execution on the general execution docket.
HB 18. By Representatives Thomas of the 69th, Chambless of the 133rd and Waldrep of the 80th: A bill to amend Code Section 31-32-5 of the Official Code of Georgia Annotated, relating to revocation of living wills for the withholding of extraordinary lifesustaining procedures in the event of a terminal condition, so as to provide that a written or oral revocation of a living will must, in order to be effective, clearly express an intention to revoke a living will as opposed to a will or wills relating to the disposition of property after death.
HB 19. By Representatives Thomas of the 69th, Chambless of the 133rd and Waldrep of the 80th: A bill to amend Article 1 of Chapter 2 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions applicable to the Supreme Court of Georgia, so as to provide that the Supreme Court shall consist of seven Justices.
HB 28. By Representatives Thomas of the 69th, Chambless of the 133rd and Waldrep of the 80th: A bill to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to provide that superior court filing fees for articles of incorporation, amendments, restated articles, mergers or consolidations, dissolutions of business corporations, and dissolutions of non-

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61

profit corporations shall be as provided in Code Section 15-6-77, relating to fees of clerks of superior courts.
HB 30. By Representatives Chambless of the 133rd, Thomas of the 69th, Waldrep of the 80th and Groover of the 99th:
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 of traffic offenses, so as to provide limitations on the withdrawal of a waiver of trial by jury.
HB 64. By Representative Hooks of the 116th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Americus-Sumter Payroll Development Authority (Res. Act No. 180; H.R. 610-1158; Ga. L. 1962, p. 933).
HB 78. By Representatives Alien of the 127th, Triplett of the 128th, Pannell of the 122nd, Mueller of the 126th, Kingston of the 125th and others:
A bill to amend an Act providing for the compensation of certain officials in Chatham County so as to change the compensation of certain officials.
HB 79. By Representatives Alien of the 127th, Triplett of the 128th, Pannell of the 122nd, Mueller of the 126th, Kingston of the 125th and others:
A bill to amend an Act making provisions for the Magistrate Court of Chatham County and abolishing the Municipal Court of Savannah, so as to change certain procedures relative to the appointment of additional magistrates.
HB 1. By Representatives Thomas of the 69th, Chambless of the 133rd, Waldrep of the 80th, Groover of the 99th, Porter of the 119th and others:
A bill to provide substantive and comprehensive civil justice reform affecting tort claims litigation; to provide a short title; to amend Article 4 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to medical malpractice action limitations, so as to subject minors and incompetents to the article; 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 collateral sources shall be admissible.
HB 43. By Representatives Steinberg of the 46th, Lee of the 72nd, Walker of the 115th, Smyre of the 92nd, Robinson of the 58th and others:
A bill to amend Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to criminal offenses involving invasion of privacy, so as to provide that it shall be a criminal offense to use or allow use of certain automatic telephone dialing and announcing equipment for purposes of soliciting sales and certain other commercial purposes.
HB 2. By Representatives McDonald of the 12th, Murphy of the 18th, Walker of the 115th, Lee of the 72nd, Connell of the 87th and others:
A bill to provide supplementary appropriations for the State Fiscal Year ending June 30, 1987, in addition to any other appropriations heretofore or hereafter made for the operation of state government and the purposes provided for herein.

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The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 96. By Senator Kidd of the 25th:
A bill to amend Code Section 49-5-12 of the Official Code of Georgia Annotated, relating to licensing and inspection of private and public child welfare agencies and facilities, so as to prohibit the Department of Human Resources from regulating the curriculum taught in group day-care homes or day-care centers; to require persons who operate group day-care homes and day-care centers to post telephone numbers of the nearest or applicable providers of emergency medical, fire, or police services. Referred to Committee on Human Resources.
SB 97. By Senator Kidd of the 25th:
A bill to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to ethics in government, so as to correct typographical, stylistic, and other errors and omissions in Chapter 5 of Title 21; to provide for necessary or appropriate revisions and modernizations of matters contained in Chapter 5 of Title 21; to change certain definitions regarding ethics in government. Referred to Committee on Governmental Operations.
SB 98. By Senators Foster of the 50th and Deal of the 49th:
A bill to amend Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions pertaining to health, so as to provide for the marking of all dentures and other removable dental prostheses with the name or social security number of the intended wearer; to provide for the method and manner of such markings; to provide for exceptions. Referred to Committee on Human Resources.
SB 99. By Senators Crumbley of the 17th, Starr of the 44th, Howard of the 42nd and others:
A bill to amend Article 2 of Chapter 14 of Title 9 of the Official Code of Georgia Annotated, relating to habeas corpus procedure for persons under sentence of a state court of record, so as to provide that proceedings on a petition challenging the legality of a sentence of death imposed by a state court of record may be transferred after filing and service to the county in which the sentence was imposed. Referred to Committee on Special Judiciary.
SB 100. By Senators Crumbley of the 17th, Starr of the 44th, Howard of the 42nd and others:
A bill to provide a pretrial review of proceedings by the Supreme Court in cases in which the death penalty is sought; to amend Article 2 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to appellate practice, so as to provide that the judgments, rulings, and orders in pretrial proceedings of a case in which the death penalty is sought shall be directly appealable as part of the pretrial review. Referred to Committee on Special Judiciary.
SB 101. By Senator Barnes of the 33rd:
A bill to amend Chapter 1 of Title 41 of the Official Code of Georgia Annotated, relating to nuisances in general, so as to provide that no publicly owned cultural facility shall become a nuisance, either public or private, as a result of changed

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conditions in or around the locality of such cultural facility, if such cultural facility has been in use for one year or more. Referred to Committee on Special Judiciary.
SB 102. By Senator Barnes of the 33rd:
A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to counties in general, so as to authorize the governing authority of any county to provide, and to expend county funds for the provision of, health insurance, life insurance, disability insurance, liability insurance, retirement and pension coverage, and other similar or related employment benefits for elected county officers and the personnel thereof. Referred to Committee on Urban and County Affairs (General).
SB 103. By Senator Brannon of the 51st:
A bill to amend Article 3A of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to driving under the influence of alcohol or drugs, so as to provide that under certain conditions the motor vehicle of a person convicted of certain offenses relating to driving under the influence of alcohol or drugs shall be declared contraband and subject to forfeiture to the state. Referred to Committee on Public Safety.
SB 104. By Senators Hine of the 52nd and Garner of the 30th:
A bill to amend Code Section 45-8-12 of the Official Code of Georgia Annotated, relating to the deposit of public funds in banks or depositories and requirements that depositories give bond or pledge securities in lieu of bond, so as to provide that a depository may deduct the face amount of its direct loans from deposits of a public body before being required to secure such deposits by a surety bond, deposit insurance, securities, or any combination thereof. Referred to Committee on Banking and Finance.
SB 105. By Senators Hine of the 52nd and Garner of the 30th:
A bill to amend Code Section 45-8-12 of the Official Code of Georgia Annotated, relating to the deposit of public funds in banks or depositories and requirements that depositories give bond or pledge securities in lieu of bond, so as to provide that the aggregate of the face value of a surety bond and the face or par value of securities pledged shall be equal to not less than 100 percent of the public funds being secured after the deduction of the amount of deposit insurance. Referred to Committee on Banking and Finance.
SB 106. By Senator Kidd of the 25th:
A bill to amend Code Section 15-16-20 of the Official Code of Georgia Annotated, relating to the minimum annual salaries of sheriffs, so as to change the minimum annual salaries of the sheriffs; to provide an effective date. Referred to Committee on Governmental Operations.
SB 107. By Senators Gillis of the 20th, Barnes of the 33rd, Dean of the 31st and others:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to delete the reference to fees charged for hunting and fishing in designated streams, lakes, or game management areas in Code Section 271-4; to increase the amount of license fees which may be retained by license agents. Referred to Committee on Natural Resources.

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SB 108. By Senator Deal of the 49th:
A bill to amend Article 4 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to grand juries in general, so as to change the conditions under which the venue of grand jury investigations may be changed. Referred to Committee on Judiciary.
SB 109. By Senator Deal of the 49th:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to declare unlawful the manufacture of controlled substances without a license or registration; to provide a definition; to provide punishments. Referred to Committee on Judiciary.
SB 110. By Senator Burton of the 5th:
A bill to amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to ofTenses against public health and morals, so as to provide for definitions; to prohibit selling or furnishing cigarettes or tobacco related objects to any minor; to prohibit the purchase or procurement of cigarettes or tobacco related objects for any minor. Referred to Committee on Human Resources.
SB 111. By Senator Burton of the 5th:
A bill to amend Code Section 49-5-12 of the Official Code of Georgia Annotated, relating to the licensing and inspection of private and public child welfare agencies and facilities, so as to exempt certain day-care centers operated as preschool programs by churches, religious nonprofit schools, or nonprofit religious charitable organizations from the requirements of licensure. Referred to Committee on Human Resources.
SB 112. By Senator Burton of the 5th:
A bill to amend Article 5 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to cruelty to children, so as to make it unlawful for any person to tattoo the body of any person under the age of 18; to provide exceptions; to provide a penalty; to provide an effective date. Referred to Committee on Consumer Affairs.
SB 113. By Senator Deal of the 49th:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to torts in general, so as to provide a qualified immunity from civil liability for persons serving as directors, officers, and trustees of certain nonprofit organizations. Referred to Committee on Judiciary.
SB 114. By Senator Stumbaugh of the 55th:
A bill to amend Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, the "Children and Youth Act," so as to prohibit political subdivisions of this state from conducting public hearings regarding the locating or operating of certain family day-care homes, child caring institutions, and personal care homes under certain conditions; to provide for injunctive relief. Referred to Committee on Human Resources.

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65

SB 115. By Senator Baldwin of the 29th:
A bill to amend an Act creating a new charter for the City of LaGrange in the County of Troup, as amended, so as to extend and increase the corporate limits of the City of LaGrange. Referred to Committee on Urban and County Affairs.
SB 116. By Senator Stumbaugh of the 55th:
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 provide for definitions; to prohibit selling or furnishing cigarettes or tobacco related objects to any minor; to prohibit the purchase or procurement of cigarettes or tobacco related objects for any minor. Referred to Committee on Human Resources.
SR 17. By Senator Kidd of the 25th:
A resolution authorizing the conveyance of certain state owned property located in the City of Milledgeville, Baldwin County, Georgia; to provide an effective date. Referred to Committee on Public Utilities.
SR 19. By Senators Coleman of the 1st, Scott of the 2nd and Bryant of the 3rd:
A resolution authorizing the conveyance of certain state owned property located in the City of Savannah, Chatham County, Georgia, to the City of Savannah; to provide an effective date. Referred to Committee on Public Utilities.
SR 20. By Senator Burton of the 5th:
A resolution creating the Senate Study Committee for Seat Belts on School Buses. Referred to Committee on Consumer Affairs.
The following bills of the House were read the first time and referred to committees:
HB 1. By Representatives Thomas of the 69th, Chambless of the 133rd, Waldrep of the 80th, Groover of the 99th, Porter of the 119th and others:
A bill to provide substantive and comprehensive civil justice reform affecting tort claims litigation; to provide a short title; to amend Article 4 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to medical malpractice action limitations, so as to subject minors and incompetents to the article; 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 collateral sources shall be admissible. Referred to Committee on Judiciary.
HB 2. By Representatives McDonald of the 12th, Murphy of the 18th, Walker of the 115th, Lee of the 72nd, Connell of the 87th and others:
A bill to provide supplementary appropriations for the State Fiscal Year ending June 30, 1987, in addition to any other appropriations heretofore or hereafter made for the operation of state government and the purposes provided for herein. Referred to Committee on Appropriations.

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HB 16. By Representatives Thomas of the 69th, Chambless of the 133rd and Waldrep of the 80th:
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 magistrate courts shall charge and collect and transmit to the clerks of superior court the clerks' fees for recording of writs of execution on the general execution docket.
Referred to Committee on Special Judiciary.
HB 18. By Representatives Thomas of the 69th, Chambless of the 133rd and Waldrep of the 80th:
A bill to amend Code Section 31-32-5 of the Official Code of Georgia Annotated, relating to revocation of living wills for the withholding of extraordinary lifesustaining procedures in the event of a terminal condition, so as to provide that a written or oral revocation of a living will must, in order to be effective, clearly express an intention to revoke a living will as opposed to a will or wills relating to the disposition of property after death.
Referred to Committee on Special Judiciary.
HB 19. By Representatives Thomas of the 69th, Chambless of the 133rd and Waldrep of the 80th:
A bill to amend Article 1 of Chapter 2 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions applicable to the Supreme Court of Georgia, so as to provide that the Supreme Court shall consist of seven Justices.
Referred to Committee on Judiciary.
HB 28. By Representatives Thomas of the 69th, Chambless of the 133rd and Waldrep of the 80th:
A bill to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to provide that superior court filing fees for articles of incorporation, amendments, restated articles, mergers or consolidations, dissolutions of business corporations, and dissolutions of nonprofit corporations shall be as provided in Code Section 15-6-77, relating to fees of clerks of superior courts.
Referred to Committee on Judiciary.
HB 30. By Representatives Chambless of the 133rd, Thomas of the 69th, Waldrep of the 80th and Groover of the 99th:
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 of traffic offenses, so as to provide limitations on the withdrawal of a waiver of trial by jury.
Referred to Committee on Special Judiciary.
HB 43. By Representatives Steinberg of the 46th, Lee of the 72nd, Walker of the 115th, Smyre of the 92nd, Robinson of the 58th and others:
A bill to amend Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to criminal offenses involving invasion of privacy, so as to provide that it shall be a criminal offense to use or allow use of certain automatic telephone dialing and announcing equipment for purposes of soliciting sales and certain other commercial purposes.
Referred to Committee on Governmental Operations.

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67

HB 13. By Representative Rainey of the 135th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to the creation of the Crisp County-Cordele Industrial Development Authority.
Referred to Committee on Urban and County Affairs.

HB 64. By Representative Hooks of the 116th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Americus-Sumter Payroll Development Authority (Res. Act No. 180; H.R. 610-1158; Ga. L. 1962, p. 933).
Referred to Committee on Urban and County Affairs.

HB 78. By Representatives Alien of the 127th, Triplett of the 128th, Pannell of the 122nd, Mueller of the 126th, Kingston of the 125th and others:
A bill to amend an Act providing for the compensation of certain officials in Chatham County so as to change the compensation of certain officials.
Referred to Committee on Urban and County Affairs.

HB 79. By Representatives Alien of the 127th, Triplett of the 128th, Pannell of the 122nd, Mueller of the 126th. Kingston of the 125th and others:
A bill to amend an Act making provisions for the Magistrate Court of Chatham County and abolishing the Municipal Court of Savannah, so as to change certain procedures relative to the appointment of additional magistrates.
Referred to Committee on Urban and County Affairs.

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

Mr. President:

The Committee on Judiciary has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 4. Do pass. SB 23. Do pass.
Respectfully submitted,
Senator Deal of the 49th District, Chairman

Mr. President:

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

SB 10. Do pass as amended. SB 33. Do pass. SB 43. Do pass.

SB 44. Do pass. SB 45. Do pass. SB 46. Do pass.

Respectfully submitted,

Senator Peevy of the 48th District, Chairman

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The following bills of the Senate were read the second time:
SB 1. By Senators Kennedy of the 4th, Coleman of the 1st, Howard of the 42nd, Barnes of the 33rd, Dean of the 31st, McKenzie of the 14th, Deal of the 49th and others:
A bill to amend Title 51 of the Official Code of Georgia Annotated, relating to torts, so as to provide a qualified immunity from civil liability for persons serving as directors, officers, or trustees of certain tax-exempt organizations, or appointed as unpaid directors, officers, or members of governmental entities; to provide immunity from civil liability for negligent acts or omissions to persons or entities providing medical care without the expectation of compensation.

SB 2. By Senators Kennedy of the 4th, Coleman of the 1st, Howard of the 42nd, Barnes of the 33rd, Dean of the 31st, McKenzie of the 14th, Deal of the 49th and others:
A bill to amend Title 9 of the Official Code of Georgia Annotated, relating to civil practice, so as to provide that the period of limitation for actions for medical malpractice shall begin to run against persons who are minors when such persons attain the age of five years; to provide that certain actions shall not be revived or extinguished.

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

Albert

Allgood

Baldwin

Barker

Barnes

Bowen

Brannon B,,BBrruoyruatonnnt, of

46th,

Coleman Crumbley Dawkins Deal
Dean Echols
Edge English

Engram Fincher Foster Garner Gillis Harris H,HH.H.,.oiuanlr,dl,erogiswinoasny
Huggins Kennedy Kidd Land Langford McGill McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan pjay 0SSob0 chc, oou,tttmi,tt. ao0k1,ff,.e302-6n.tdj,h
tarr Stumbaugh Tate Timmons Tolleson Turner Tysinger Walker

Those not answering were Senators:

Brown of 47th (excused) Coverdell

Howard

Senator Kidd of the 25th introduced the chaplain of the day, Reverend Don Maxey, pastor of the First United Methodist Church, Milledgeville, Georgia, who offered scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 18. By Senators Foster of the 50th and Deal of the 49th:
A resolution recognizing and commending Georgia's Soil and Water Conservation Districts on the occasion of their fiftieth anniversary.

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69

SR 25. By Senators Gillis of the 20th, Kennedy of the 4th and Coleman of the 1st:
A resolution commending the Georgia Tree Farm System.
SR 27. By Senators Turner of the 8th, Perry of the 7th, Broun of the 46th and others:
A resolution commending Donald Penny.
Senator Allgood of the 22nd moved that the Senate recess at 10:45 o'clock A.M., the hour for the Joint Session of the Senate and House called for the purpose of hearing the State of the State and Budget message from His Excellency, Governor Joe Frank Harris, and that the Senate stand adjourned immediately upon dissolution of the Joint Session until 10:00 o'clock A.M. tomorrow, and the motion prevailed.
The hour for convening the Joint Session of the Senate and House having arrived, the President, accompanied by the Secretary and the Senators, proceeded to the Hall of the House of Representatives, and the Joint Session called for the purpose of hearing the State of the State and Budget message from His Excellency, Governor Joe Frank Harris, was called to order by the President of the Senate, Lieutenant Governor Zell Miller. HR 6, authorizing the Joint Session of the Senate and House, was read by the Clerk of the House.
His Excellency, Governor Joe Frank Harris, addressed the Joint Session of the Senate and House of Representatives as follows:
Lieutenant Governor Miller, Speaker Murphy, members of the General Assembly, members of the appellate courts, constitutional officers, members of the consular corps, ladies and gentlemen:
Twenty-three years ago ... I entered this hallowed chamber with a sense of awe and respect, and each year since . . . those same deep feelings return.
Today, I am deeply honored . . . that the people of Georgia have allowed me to serve a second consecutive term as Governor. Two days ago, ... in my inaugural address, ... I vowed to work even harder over the next four years ... to earn the confidence the people have placed in me.
Last week, the stock market broke the "2000 mark" for the first time in history. Today, I am presenting my annual report to the "stockholders" of the State of Georgia . . . the more than 6.1 million men, women and children who have a vested interest in Georgia's future . . . and my report is also based on "2000" . . . because your state government is making long-term investments in our people and our natural resources so Georgia can face the year 2000 . . . with its head up and ready to go!
You . . . the members of the General Assembly . . . constitutional officers . . . department heads . . . state employees . . . members of the judiciary . . . and the people of Georgia ... have every reason to share the pride I feel about the great strides our state has made.
Beyond any doubt . . . your state government is today being managed efficiently and effectively, . . . and your children are beginning to receive an education that will fully prepare them for the future. I want to thank you . . . the members of the General Assembly ... for being aware of our needs . . . and many times working without credit ... in the face of criticism, to do what was best for all Georgians.
Programs will continue to be needed to assure healthier generations of Georgians, to manage growth in the prison population . . . and to ensure a strong, diversified economy, including a long-range plan for meeting future needs in transportation, . . . water and sewer capacity, . . . hazardous waste disposal... air and water quality . . . and proper use of our land.
As your Governor, I have had the opportunity to travel across the country and to points around the world, representing the State of Georgia . . . and finalizing economic develop-

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ment deals. From Tokyo to Toronto, from New York to Brussels, I have found an outstanding awareness of and interest in our state.
Georgia is greatly envied and admired in many areas . . . from our comprehensive education reform to our special quality of life . . . and southern hospitality. From our healthy business climate and our attraction to international investors ... to our fiscally responsible budget management and government stability.
We are known and respected for our successful campaigns against drunken driving and child abuse. Our corrections system, including our shock incarceration program, has won national acclaim and media recognition. The banking community of Georgia is known to be one of the strongest in the country . . . with no bank failures during a time when there have been many across our country.
We have every reason to feel pride in being Georgians and in living where we live. God has truly blessed us in many ways, and as a result, there are increasing numbers of people from around the country and around the world making the decision to join us ... to share in the pleasures, the promise and the future that Georgia holds.
These new people eager to become Georgians mean, of course, an increased demand on government services, but it also means something else. It means that we have an expanded reservoir of talent from which to draw in seeking solutions to the challenges that will face us in the future.
This is a dilemma I find rather exciting: growth brings special problems, but also the potential to tap into new ideas, . . . new vitality and creativity, . . . and new solutions to continuing problems.
In seeking solutions to our problems over the past four years, we have invested your tax dollars . . . with wisdom and foresight ... in improvements with long-term potential and the promise of returns that future generations will realize . . . such as education reform . . . better transportation . . . expanded health services . . . job-creating activities and new vocational training sites, . . . and programs to provide affordable water and sewer projects. We have also increased efforts to boost our international potential . . . including expanding markets for Georgia farm products, attracting new consular offices, and encouraging tourism.
Additionally, state government has looked into the crystal ball of the future . . . and has made professional projections of services to meet our future needs. Our projections tell us that particular efforts are imperative in certain areas ... if we are to ensure for future generations the same rights, . . . privileges, . . . freedoms . . . and opportunities that we have enjoyed.
We must have a proper plan that will assure the protection of our environment and orderly growth across our state; therefore, a "growth strategy" commission must be formed, . . . and it will be a priority of my second term. Such a body will identify the roles and responsibilities of government planning agencies at all levels ... in providing services, setting goals for efficient use of our land, air, and water resources, protecting property values, requiring necessary infrastructure improvements to accommodate growth, and managing sensitive environmental areas.
Last year, Georgians suffered through the most devastating drought in history, but our efforts to plan for future water needs began four years ago, . . . when I recommended and the General Assembly approved . . . the development of a state water budget. The "Water Resources Management Strategy Document" is being released today.
It identifies a plan for areas with limited water resources, and through the existing authorities and programs of the Department of Natural Resources and the Environmental Facilities Authority, we can provide technical and financial assistance to local governments which will enable future water needs to be addressed.
There will be a need for the location of regional reservoirs in some areas of our state. These clean water projects can serve other purposes in the communities, including public

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71

fishing. We have an abundance of water . . . but it is not necessarily located in all the right places.
The time has come to address another problem with long-term impact on our future. The issue is "hazardous waste." Georgia has numerous responsible and essential industries throughout the state . . . including agribusiness, public utilities, and national defense contractors, which are important to our economy . . . that produce hazardous waste.
I realize the controversial and sensitive nature of any discussion of this topic . . . and the misinformation that abounds; however, if Georgia is going to be competitive in the future, ... if we hope to expand our manufacturing sector, . . . we must be able to safely dispose of our own wastes, . . . not depend on others to handle our problems.
Over the past 10 years, Congress has enacted legislation mandating procedures for the disposal of such waste. Technological advancements in this field provide high temperature incineration, detoxification, and solidification, which . . . coupled with permanent dry storage facilities . . . preclude the need for any landfills.
We must provide this type facility to assure protection of our vital environmental resources and protection of our jobs. The Hazardous Waste Management Authority ... in coordination with the Department of Natural Resources . . . will initiate efforts toward this objective.
While every state except Georgia has had tax increases in the past six years and over 21 states have already announced budget cutbacks ... I am recommending today that you appropriate funds totaling $5.772 billion to operate state government in fiscal year 1988, which begins July 1 ... again without a tax increase!
New funds available will be $456 million, or a growth of 8.6 percent. While the percentage increase is the second largest in three years, the dollar increase of $456 million is the second largest in Georgia's history, exceeded only by fiscal year 1985 receipts.
With the nation in the midst of an economic slowdown, the 8.6 percent projection reflects strength in our economy. Our economic stability in recent years . . . along with conservative budgeting and the proper emphasis on the problems facing our state . . . has put Georgia in good fiscal condition.
The highlights of my recommendations for fiscal year 1988 address many of the needs throughout state government, but primarily in the areas of education, health, economic development, and safety. Our administration will continue to focus on helping our citizens to become self-sufficient. In so doing, we are not only improving their prospects for the future, . . . but we are also improving the prospects for the future of our state.
Much of the credit for what has been achieved in the past four years . . . and what we will achieve in the next four years ... is due to our hard-working and dedicated state employees. Therefore, I am recommending a 2.5 percent cost-of-living pay increase for them ... at a cost of $30.4 million, including selected upgradings.
We have made tremendous improvements in education in the past four years. We must be careful not to lose our momentum and let other issues or problems deflect our attention. As long as I am Governor, education will remain the top priority of state government. There is no more important state responsibility than guaranteeing quality education for our young people.
To continue implementation of the Quality Basic Education program in our classrooms, and to provide cost-of-living increases to our teachers, I am recommending $201.3 million. In addition, I am recommending $146.7 million for local school construction. This will fund one project for every eligible school system.
Our teachers will receive a 3 percent pay raise that maintains the market-sensitive salary schedule for teachers ... at a cost of $56.7 million . . . with the beginning salary increasing from $16,800 a year to $17,300. Teachers will also receive an increase in their Ion-

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gevity factor from 2.6 percent to 2.7 percent. The average teacher salary is projected to be $25,760 next year.
New funds for public schools will focus on funding the next phase of QBE including:
. . . implementing the QBE program of staff development, to advance the training of our teachers and help our educators become as capable, competent and professional as they can be. I am recommending $23 million for the first year of the project.
. . . $25.8 million for corrections to the special education formula for the five categories of special education students.
. . . implementing a number of pilot projects required by QBE, including special instructional assistance, in-school suspension, and the middle-school program.
With these recommendations, we will remain on target with QBE funding, as recommended by the Education Review Commission and as mandated by the General Assembly in passing this historic legislation.
In another important area of education, ... I am particularly proud of the accelerated library construction program during the Harris administration. Over the past four years, we have built 52 new libraries across the state, and recommended 27 more in the amended 1987 budget. With 79 new libraries ... a record has been established and the quality of life has been enhanced all across Georgia.
The instruction and research in our university system is earning recognition around the world, and our 34 institutions . . . along with the centers of excellence funded by the research consortium . . . have been an important factor in the state's economic development.
To operate our public colleges and universities, I am recommending an increase of $27.5 million for the university system.
I am recommending $16.5 million to provide a 2.5 percent cost-of-living pay raise for all employees of the State Board of Regents.
To provide facilities needed in the University System, I am recommending a $30 million bond issue for new facilities at five state colleges based on the Regents' priorities at Augusta College, Georgia Southern College, Georgia Southwestern College, Abraham Baldwin Agricultural College, and Atlanta Junior College.
One of my highest priorities is to improve the job training offered by our postsecondary vocational schools, which will help us maintain and enhance Georgia's competitive position. A part of this effort is the conversion of area vocational-technical schools to state governance. Four schools were converted last year, and I am recommending $1.2 million to convert seven more schools in 1988: Augusta, Carroll, Coosa Valley, Griffin, Pickens, Swainsboro, and Troup.
To develop a program to help the estimated 750,000 illiterate Georgians become more productive ... I am recommending the establishment of an adult literacy task force. This group will prepare a comprehensive plan . . . including public and private agencies ... to deal with this problem. Based on their recommendations, ... I will submit my proposal to you at the next session of the General Assembly. However, we must not wait for the study to begin our progress. My recommendations today include $472,500 to increase the Department of Education's adult basic education budget, focusing on those adults who have less than an eighth-grade education.
The health of our people is vital to the health of our state, and my budget requests today emphasize this responsibility.
During my second term, children will be a central focus of our efforts. Today I am requesting $6 million to expand programs dealing with child abuse . . . troubled children . . . infant mortality . . . juvenile offenders . . . child support recovery . . . and pre-school intervention for mentally-retarded children.
I am also recommending $3.4 million in state matching funds to increase aid to families

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with dependent children benefits, representing a 3.6 percent increase in state funds for AFDC. To expand the employment service pilot program referred to as "PEACH" in 11 counties, I am recommending $495,000, which will serve 615 additional recipients.
I am also recommending:
. . . two program expansions for our mentally retarded citizens, to increase residential services and family care.
. . . two programs to help deaf and blind citizens with communication, mobility and job training, and a comprehensive residential facility-based project.
A crisis exists in our state-operated hospitals ... we must act quickly. Hospitals at Augusta and Savannah have been decertified for Medicare reimbursement and several other hospitals face the possible loss of both Medicare and Medicaid funding, which is estimated at $69 million next year.
The problem is inadequate staffing. I am recommending $4.5 million to add 226 new staff positions that will help attain full certification for all 10 hospitals. 86 additional positions were recommended in my amended budget recommendations.
Medicaid would get one of the largest budget increases of any state agency under my recommendations: $49.7 million. There are three reasons for this large increase:
... a decrease in federal funding, from 66 to 63 percent, a direct result of our growth in per capita income . . . which leads the southeast and ranks third in the United States.
. . . continuation of a program recommended in the amended budget to provide eyeglasses, hearing aids, dentures, and additional dental services for all adult recipients.
. . . increases in the maximum allowable fee schedule for physicians.
Within the annual grant funds for the Georgia Research Consortium, I am recommending $3.3 million to help launch Emory University's Life Sciences Center for Medical Research. It will emphasize research in molecular biology, . . . which will have an everincreasing impact on new vaccines, . . . miracle drugs, . . . revolutionary diagnostic techniques, . . . and cures for diseases that still elude us, ... including cancer, heart disease, and arthritis.
A major initiative is being launched to combat the appetite of some citizens for illegal drugs and to stem drug trafficking. Included are circuitwide trial and grand juries . . . new sentences and higher fines, as well as a public awareness program similar to the campaign against drunk driving.
To complement our legislative initiatives attacking drug trafficking and abuse, Georgia is receiving $12 million in federal funds. These funds will be distributed evenly among our Criminal Justice Coordinating Council for enforcement, our Department of Education for drug awareness and prevention, and our Department of Human Resources for treatment.
I am recommending that Human Resources use $1.8 million of this money to establish two adolescent alcohol and drug treatment centers, to complete the final phase of implementation of our regional alcohol and drug treatment plan. They will be located at Griffin and Athens.
Georgia has been a national leader in economic growth in recent years, and this activity has generated revenues which have enabled us to operate without a tax increase. To continue the state's role in promoting development, I am recommending funds to expand our industry recruitment advertising and promotion program, especially in the international marketplace.
I am also recommending $500,000 to expand the state's tourism advertising program. $375,000 of this amount will be allocated to the tourism cooperative advertising program to be matched on a 50/50 basis by local tourism organizations.
Our ports have been an important factor in the globalization of Georgia's economy. To

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maintain their capabilities, I am recommending that we continue the spoil area reconstruction at Savannah harbor.
Transportation is also an important element of our economic development package. I am proposing $55 million to fund the second part of the $100 million a year program to construct "Growth Corridor" highways. My amended budget proposals included the other $45 million. Another $30 million will be set aside to continue our L.A.R.P. program for assisting communities in local road maintenance and construction.
For Natural Resources, I am proposing construction of a new regional office in Brunswick that will replace the current inadequate facility and consolidate all natural resources offices in the area. During the past four years, state park visitations increased by 41 percent . . . from 9 to 13 million visitors per years. Revenues increased 59 percent . . . now $8.7 million. Because of this tremendous interest, I have recommended improvements totaling $9.3 million in the amended 1987 budget.
During my first term, we were able to control prison population and local jail backlog with our "grid" system and alternatives to incarceration, and through the funding of over 7,000 new bedspaces. Unfortunately, our prisons and jails are again over capacity. This overcrowding is caused by more drug convictions and the impact of the habitual offender law.
In my amended budget, I recommended several actions to begin solving this problem, and today I am requesting $23.9 million to increase prison beds and fund alternatives.
Improvements include:
... $1 million to add 400 beds at county workcamps.
. . . funds to maintain 219 beds at Ware and Lowndes County institutions when replacement prisons open.
. . . 185 new probation and parole workers to provide more opportunities for judges to use alternatives to prison.
. . . new 50-bed diversion centers in Walton and Hart Counties, and funds to open replacement facilities for the Athens, Gateway and Clayton diversion centers.
For our local governments, I am proposing to increase county jail subsidies from $8.50 to $10.00, and I am pledging my commitment to continue to work with state and local officials to solve our jail backlog.
Last week, I reported to the appropriations committees that an increase in crime, especially in drug-related cases, has caused a serious delay in the analysis of evidence by the state crime laboratories under the Georgia Bureau of Investigation. To enhance our lab capabilities, I recommended 11 positions in my amended budget, . . . and today I am requesting 10 additional positions. We cannot effectively fight crime without a timely analysis of evidence.
In pursuit of lawbreakers, it is not uncommon for our state troopers to have to leave their cars, . . . but with their current equipment, they must return to their cars to radio for help in dangerous situations. I am recommending that we begin to phase in the use of mobile repeater radios, with the purchase of 100 units.
To further increase the patrol's efficiency, I am also recommending that we upgrade the telecommunications system of all state operations located in the vicinity of the Atlanta headquarters of the Department of Public Safety . . . and initiate planning for renovation of the public safety building.
For the Department of Revenue, which collects 95 percent of state revenues, I am recommending continuation of plans to update its computer tax programs at a cost of $1.5 million.
To support arts programs throughout the state, I am recommending an increase of $250,000 to increase state arts grants to a level of $2.5 million.

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I believe my recommendations today represent the mission of our state government. As I have expressed to you in the past four years, we must remain on the offensive, prepare for the future, and help our people help themselves. Together, we have succeeded in combining fiscal responsibility with attention to the needs of our citizens. Together we can take pride in what our state has accomplished.
Today Georgia is in a comfortable situation. We have stability in our budgeting, in our economy, and in our state government. But there are problems that we must continue to address, relying on both our experience and our willingness to experiment with new, progressive ideas.
I look forward to continuing our effective partnership ... a partnership that is building a better Georgia. Thank you and God bless you.
Senator Allgood of the 22nd moved that the Joint Session be now dissolved, and the motion prevailed.
The President of the Senate announced the Joint Session dissolved.
Serving as doctor of the day today was Dr. George Shannon of Columbus, Georgia.
Pursuant to the provisions of a previously adopted motion, the Senate stood adjourned until 10:00 o'clock A.M. tomorrow.

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Senate Chamber, Atlanta, Georgia Friday, January 16, 1987 Fifth 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 Ray of the 19th reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 3. By Representative Murphy of the 18th: A bill to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to the terms of court for the superior courts of this state, so as to change the terms for the superior courts of the Tallapoosa Judicial Circuit.
HB 23. By Representatives Thomas of the 69th, Chambless of the 133rd and Waldrep of the 80th: A bill to amend the Official Code of Georgia Annotated, so as to correct typographical, stylistic, capitalization, punctuation, and other errors and omissions in the Official Code of Georgia Annotated.
HB 26. By Representatives Thomas of the 69th, Chambless of the 133rd and Waldrep of the 80th: A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions in Title 21 of the Official Code of Georgia Annotated, and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated.
HB 105. By Representatives Jackson of the 9th, Post 3 and Cummings of the 17th: A bill to amend Code Section 40-2-20.1 of the Official Code of Georgia Annotated, relating to the staggered registration of motor vehicles, so as to change a registration period; to change the amount of the late registration penalty.
HB 109. By Representative Godbee of the 110th: A bill to amend an Act relating to the board of education of Jenkins County, so as to change provisions relating to the compensation and reimbursement of expenses of the members of the board of education.
HB 112. By Representative Greene of the 130th: A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Chattahoochee County during designated registration periods as provided in Code Section 40-2-20.1 of the Official Code of Georgia Annotated.

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HB 122. By Representatives Cox of the 141st and Long of the 142nd: A bill to provide for the compensation and expense allowances of the members of the board of education of Decatur County.
HB 123. By Representatives Cox of the 141st and Long of the 142nd: A bill to amend an Act creating the State Court of Decatur County so as to change the compensation provisions relating to the judge and the solicitor of said court.
HB 134. By Representative Rainey of the 135th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the General Assembly to merge the existing independent school system of the City of Cordele and the existing school district in the County of Crisp lying outside the corporate limits of said city into one school district co-extensive with the limits of Crisp County.
HB 138. By Representatives Godbee of the 110th and Bargeron of the 108th: A bill to amend an Act creating the State Court of Burke County, formerly the City Court of Waynesboro, so as to change provisions relating to the fees charged and collected by the clerk of the court.
The House has adopted by the requisite constitutional majority the following resolution of the Senate:
SR 5. By Senator Broun of the 46th: A resolution inviting Dr. Henry King Stanford, interim president of the University of Georgia, to address a joint session of the House of Representatives and the Senate.
The House has adopted by the requisite constitutional majority the following resolution of the House:
HR 46. By Representatives Wilson of the 20th, Murphy of the 18th, Thompson of the 20th, Lawler of the 20th, Cooper of the 20th and others: A resolution designating the A.L. "Al" Burruss Correctional Training Center.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 117. By Senator Foster of the 50th: A bill to amend Code Section 40-5-27 of the Official Code of Georgia Annotated, relating to the examination of an applicant for a driver's license, so as to provide that an applicant born after a certain date must be able to read and write to the extent necessary to take a written test on the applicant's knowledge and understanding of traffic control devices, traffic laws, and safe driving practices.
Referred to Committee on Public Safety.
SB 118. By Senators Coleman of the 1st, Huggins of the 53rd and Bryant of the 3rd: A bill to amend Code Section 32-3-1 of the Official Code of Georgia Annotated, relating to the acquisition of property or an interest therein for public road and other transportation purposes, so as to define when property or an interest

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therein may be acquired for future public road purposes; to provide an effective date. Referred to Committee on Transportation.
SB 119. By Senators Barnes of the 33rd, Dean of the 31st and McKenzie of the 14th:
A bill to amend Chapter 1 of Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, generally, so as to provide criminal penalties for the evasion or attempted evasion of any tax, fee, license, penalty, interest, or other amount imposed under Title 48; to provide an effective date. Referred to Committee on Special Judiciary.
SB 120. By Senators Barnes of the 33rd, Dean of the 31st and McKenzie of the 14th:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for the mandatory one-year suspension of driver's licenses or permits of juveniles found to have committed certain acts; to amend Article 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to cancellation, suspension, and revocation of licenses, so as to provide for the one-year suspension of driver's licenses or permits to persons under the age of 18. Referred to Committee on Special Judiciary.
SB 121. By Senators Barnes of the 33rd, McKenzie of the 14th and Dean of the 31st:
A bill to amend Article 1 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to parent and child relationships, so as to provide for the reporting of actual or suspected juvenile drug use; to provide for immunities and exemptions; to provide for criminal penalties; to amend Article 2 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to records of child abuse and deprivation, so as to provide that such article shall apply to child controlled substance or marijuana abuse. Referred to Committee on Special Judiciary.
SB 122. By Senators Barnes of the 33rd, McKenzie of the 14th and Dean of the 31st:
A bill to amend Code Section 17-10-8 of the Official Code of Georgia Annotated, relating to fines as a condition of probation, so as to change the amount of the fine which may be imposed as a condition of probation in certain cases. Referred to Committee on Special Judiciary.
SB 123. By Senators Turner of the 8th, McKenzie of the 14th, Burton of the 5th and others:
A bill to amend Article 3 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to the Georgia Residential Finance Authority, so as to change legislative findings; to expand residential conservation purposes qualifying for financial assistance; to change the definition of lending institution; to change certain powers of the authority with respect to investments. Referred to Committee on Urban and County Affairs (General).
SB 124. By Senator Kidd of the 25th:
A bill to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the State Merit System of Personnel Administration, so as to authorize employees in the classified service who have accumulated sick leave to utilize such sick leave at any time such employees are sick. Referred to Committee on Governmental Operations.

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SB 125. By Senator Kidd of the 25th:
A bill to amend Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions concerning child custody proceedings, so as to change the age at which a child shall have the right to select the parent with whom he or she desires to live. Referred to Committee on Special Judiciary.
SB 126. By Senator Kidd of the 25th:
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 the State Board of Education shall adopt rules or regulations for the purpose of providing procedures for appeals to the State Board of Education of any final rulings of any private athletic association which regulates athletic or extracurricular activities between public high schools of this state. Referred to Committee on Education.
SB 127. By Senator Kidd of the 25th:
A bill to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the State Merit System of Personnel Administration, so as to provide that employees in the classified service shall be entitled to compensation for on-call time; to provide for the rate of compensation; to provide for rules and regulations. Referred to Committee on Governmental Operations.
SB 128. By Senator Gillis of the 20th:
A bill to amend Code Section 47-17-80 of the Official Code of Georgia Annotated, relating to retirement benefit options under the Peace Officers' Annuity and Benefit Fund, so as to change the provisions relating to options to provide benefits for the surviving spouses of retired members; to provide that the benefits for a surviving spouse shall be for the life of the surviving spouse, notwithstanding remarriage of the surviving spouse. Referred to Committee on Retirement.
SB 129. By Senator Gillis of the 20th:
A bill to amend Code Section 47-2-121 of the Official Code of Georgia Annotated, relating to optional retirement allowances under the Employees' Retirement System of Georgia, so as to provide that when a retiree is divorced from the retiree's spouse or when a retiree's spouse dies, certain options may then be revoked. Referred to Committee on Retirement.
SB 130. By Senator Deal of the 49th:
A bill to amend Part 3 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Lake Lanier Islands Development Authority, so as to provide additional authorization for the adoption and enforcement of reasonable ordinances by the authority; to provide additional authorization for the appointment of security officers. Referred to Committee on Natural Resources.
SB 131. By Senator Deal of the 49th:
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 magistrate courts shall have jurisdiction over the trial of charges of violations of penal ordinances of state authorities; to provide for practice and procedure with respect to such matters; to

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provide that this Act shall not grant to any state authority more power than it otherwise has to enact or enforce such ordinances. Referred to Committee on Judiciary.
SB 132. By Senator Dawkins of the 45th:
A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to provide for termination of dependency of a partial dependent; to change the time limits within which an appeal may be taken to the board and within which an appeal may be taken to the superior court of a final award of the board. Referred to Committee on Special Judiciary.
SB 133. By Senator Dawkins of the 45th:
A bill to amend Article 8 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation for occupational diseases, so as to change the definition of occupational disease; to change the conditions under which death or disability from an occupational disease are compensable; to delete the provision relative to aggravation of an occupational disease. Referred to Committee on Industry and Labor.
SB 134. By Senators Dawkins of the 45th and Stumbaugh of the 55th:
A bill to amend Code Section 33-3-21.1 of the Official Code of Georgia Annotated, relating to the submission of certain annual reports by property and casualty insurers, so as to require additional information to be included in such reports. Referred to Committee on Insurance.
SB 135. By Senators Dawkins of the 45th and Stumbaugh of the 55th:
A bill to amend Chapter 7 of Title 33 of the Official Code of Georgia Annotated, relating to kinds of insurance, reinsurance, and risks, so as to authorize the Commissioner of Insurance to require that casualty or liability insurers of physicians and surgeons within the State of Georgia divide and categorize their insureds into no more than three discernible classifications. Referred to Committee on Insurance.
SB 136. By Senators Dawkins of the 45th, Peevy of the 48th, Bowen of the 13th and Burton of the 5th:
A bill to amend Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, so as to provide immunity for providing assistance and advice in mitigating or attempting to mitigate the effects of an actual or threatened discharge of hazardous materials; to provide for definitions; to provide for other matters relative to the foregoing; to provide an effective date. Referred to Committee on Natural Resources.
SB 137. By Senators Dawkins of the 45th, Peevy of the 48th, Bowen of the 13th and Burton of the 5th:
A bill to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to require certain employers to provide administrators of fire departments and firelighters with certain information relative to the workplaces of the employers; to provide for additional notifications; to provide a short title; to provide definitions. Referred to Committee on Industry and Labor.

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SB 138. By Senator Burton of the 5th:
A bill to amend Code Section 40-6-391 of the Official Code of Georgia Annotated, relating to driving under the influence of alcohol or drugs, so as to provide that convictions for violations of said Code section shall also mean convictions for violations of parallel federal laws or regulations or convictions for violations of previously existing or existing parallel laws of this or other states or convictions for the violations of ordinances adopting said Code section.
Referred to Committee on Public Safety.
SB 139. By Senator McKenzie of the 14th:
A bill to amend an Act providing for the election of the Board of Commissioners of Schley County, as amended, so as to provide for the election of the chairman and members of the Board of Commissioners of Schley County from districts; to describe the commissioner districts; to change the compensation of the chairman and members of the board of commissioners.
Referred to Committee on Urban and County Affairs.
SB 140. By Senator Barnes of the 33rd:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions concerning torts, so as to provide for the dismissal of strict liability in tort claims against certain defendants who certify the correct identity of the manufacturer of the product allegedly causing injury, death, or damage; to provide exceptions; to define certain terms.
Referred to Committee on Special Judiciary.
SB 141. By Senators Baldwin of the 29th, Barnes of the 33rd, Garner of the 30th and Edge of the 28th:
A bill to amend Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to municipal courts, so as to grant municipal courts the jurisdiction to try and dispose of cases in which persons are charged with furnishing, dispensing, or serving alcoholic beverages to underage persons or with the purchase or possession of alcoholic beverages by underage persons.
Referred to Committee on Urban and County Affairs (General).
SB 142. By Senators Garner of the 30th and Brannon of the 51st:
A bill to amend Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, known as the "State-wide Probation Act," so as to provide that any over-payment of fines, restitutions, or other moneys owed as a condition of probation shall not be refunded to the probationer if the amount of such over-payment is less than $5.00.
Referred to Committee on Corrections.
SB 143. By Senators Garner of the 30th and Brannon of the 51st:
A bill to amend Article 2 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to wardens, superintendents, and other personnel of correctional institutions, so as to provide that the commissioner of corrections may authorize certain persons in his employment to assist law enforcement officers or correctional officers of local governments in preserving order and peace when so requested by such local authorities.
Referred to Committee on Corrections.

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SB 144. By Senators Garner of the 30th and Brannon of the 51st:
A bill to amend Code Section 42-8-36 of the Official Code of Georgia Annotated, relating to the duty of a probationer to inform probation supervisor of residence and whereabouts, so as to change the provisions relating to the tolling of the sentence when the probationer is in violation of the terms and conditions of probation; to provide that any officer authorized by law to issue warrants may return the warrant for the absconded probationer showing non est inventus.
Referred to Committee on Corrections.
SB 145. By Senators Garner of the 30th and Brannon of the 51st:
A bill to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the health insurance plan for state employees, so as to provide that certain state employees shall be eligible to continue coverage under such health insurance plan upon retirement from a local retirement system by paying a premium set by the State Personnel Board.
Referred to Committee on Governmental Operations.
SB 146. By Senators Garner of the 30th and Brannon of the 51st:
A bill to amend Chapter 2 of Title 42 of the Official Code of Georgia Annotated, relating to the Board and Department of Corrections, so as to change the provisions relating to a quorum on the Board of Corrections for the transaction of business; to provide an effective date.
Referred to Committee on Corrections.
SB 147. By Senators Peevy of the 48th, Deal of the 49th, Barnes of the 33rd and Olmstead of the 26th:
A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change definitions; to change the jurisdiction of the juvenile court regarding certain traffic offenses; to provide that courts other than the juvenile court shall have original jurisdiction of persons under 17 years of age having drivers' licenses or permits who are accused of committing certain traffic offenses.
Referred to Committee on Special Judiciary.
SB 148. By Senators Peevy of the 48th and Deal of the 49th:
A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change definitions; to remove the original jurisdiction of the juvenile courts over certain juvenile capital crimes; to change the provisions relating to taking into custody, detaining, and releasing certain children accused of committing juvenile capital crimes.
Referred to Committee on Special Judiciary.
SB 149. By Senators Crumbley of the 17th, Barnes of the 33rd, Allgood of the 22nd and others:
A bill to amend Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to juries, so as to provide for circuit grand juries and circuit trial juries to be used in cases in which the death penalty is sought or in cases in which a public official is accused of a felony violation of the controlled substances laws; to provide definitions.
Referred to Committee on Judiciary.

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SB 150. By Senators Turner of the 8th, Bowen of the 13th, Holloway of the 12th and others:
A bill to amend Article 16 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to provide that a driver who unlawfully flees or attempts to elude a pursuing police vehicle or police officer shall be guilty of a felony if such action also involves any of certain other elements. Referred to Committee on Public Safety.
SB 151. By Senators Starr of the 44th and Crumbley of the 17th:
A bill to amend Code Section 16-7-43 of the Official Code of Georgia Annotated, relating to the prohibition against littering and penalties therefor, so as to change the provisions relating to penalties. Referred to Committee on Judiciary.
SB 152. By Senators Foster of the 50th, Deal of the 49th, Tysinger of the 41st and Barnes of the 33rd:
A bill to amend Code Section 20-3-411 of the Official Code of Georgia Annotated, relating to definitions under the tuition equalization grants program for private colleges and universities, so as to change the provisions relating to the definition of an approved school. Referred to Committee on Higher Education.
SB 153. By Senator Barnes of the 33rd:
A bill to amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, so as to provide for procedural due process rights of law enforcement officers; to provide exceptions; to provide for applicability; to provide for rules; to provide procedures. Referred to Committee on Special Judiciary.
SB 154. By Senator Phillips of the 9th:
A bill to amend Chapter 1 of Title 49 of the Official Code of Georgia Annotated, relating to general provisions relative to social services, so as to require the Energy Assistance Program Task Force to develop rules and regulations to prevent a recipient of assistance under the Georgia Energy Assistance Program from retaining moneys received under the program when permanently leaving the State of Georgia to establish residency in another state. Referred to Committee on Governmental Operations.
SB 155. By Senators Broun of the 46th, Deal of the 49th, Tolleson of the 32nd and others:
A bill to amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions relative to law enforcement officers and agencies, so as to provide minimum monthly salaries for certain full-time peace officers; to provide for applicability; to provide for a statement of intent; to provide for construction; to provide an effective date. Referred to Committee on Public Safety.
SB 156. By Senator Kidd of the 25th:
A bill to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to ethics in government, so as to provide that certain provisions relating to campaign committees, acceptance of contributions, making of expenditures, filing of certain disclosure reports, and disposition of certain funds in relation to

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the recall of certain public officers shall apply to bringing about such recall or to opposing such recall.
Referred to Committee on Governmental Operations.
SR 21. By Senators Barnes of the 33rd, McKenzie of the 14th and Dean of the 31st:
A resolution proposing an amendment to the Constitution so as to provide for mandatory sentences of imprisonment for persons convicted of trafficking or conspiring to traffic in certain illegal drugs and controlled substances and to provide for other matters relative thereto; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Special Judiciary.
SR 22. By Senators Barnes of the 33rd, Dean of the 31st, McKenzie of the 14th and Crumbley of the 17th:
A resolution proposing an amendment to the Constitution so as to provide for the establishment, jurisdiction, operation, and financing of investigative grand juries and trial juries in the judicial circuits and to provide for procedures and other matters related thereto; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Special Judiciary.
SR 23. By Senator Kidd of the 25th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the creation of an Arts Development Fund from which funds shall be disbursed for the purpose of grants to tax-exempt organizations to encourage development of high quality and artistically significant arts activities or cultural facilities; to provide procedures for funding; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Governmental Operations.
SR 26. By Senators Crumbley of the 17th, Barnes of the 33rd, Allgood of the 22nd and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the selection of persons to serve as grand and trial jurors from geographic areas larger than a single county in cases in which the death penalty is sought or in which a public official is accused of a felony violation of the controlled substances laws; to provide for submission of this amendment for ratification or rejection.
Referred to Committee on Judiciary.
The following bills and resolution of the House were read the first time and referred to committees:
HB 3. By Representative Murphy of the 18th:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to the terms of court for the superior courts of this state, so as to change the terms for the superior courts of the Tallapoosa Judicial Circuit.
Referred to Committee on Judiciary.

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85

HB 23. By Representatives Thomas of the 69th, Chambless of the 133rd and Waldrep of the 80th:
A bill to amend the Official Code of Georgia Annotated, so as to correct typographical, stylistic, capitalization, punctuation, and other errors and omissions in the Official Code of Georgia Annotated. Referred to Committee on Judiciary.
HB 26. By Representatives Thomas of the 69th, Chambless of the 133rd and Waldrep of the 80th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions in Title 21 of the Official Code of Georgia Annotated, and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated. Referred to Committee on Judiciary.
HB 105. By Representatives Jackson of the 9th and Cummings of the 17th: A bill to amend Code Section 40-2-20.1 of the Official Code of Georgia Annotated, relating to the staggered registration of motor vehicles, so as to change a registration period; to change the amount of the late registration penalty.
Referred to Committee on Transportation.
HR 46. By Representatives Wilson of the 20th, Murphy of the 18th, Thompson of the 20th, Lawler of the 20th, Cooper of the 20th and others:
A resolution designating the A.L. "Al" Burruss Correctional Training Center. Referred to Committee on Corrections.
HB 109. By Representative Godbee of the 110th:
A bill to amend an Act relating to the board of education of Jenkins County, so as to change provisions relating to the compensation and reimbursement of expenses of the members of the board of education. Referred to Committee on Urban and County Affairs.
HB 112. By Representative Greene of the 130th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Chattahoochee 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 122. By Representatives Cox of the 141st and Long of the 142nd: A bill to provide for the compensation and expense allowances of the members of the board of education of Decatur County.
Referred to Committee on Urban and County Affairs.
HB 123. By Representatives Cox of the 141st and Long of the 142nd: A bill to amend an Act creating the State Court of Decatur County so as to change the compensation provisions relating to the judge and the solicitor of said court.
Referred to Committee on Urban and County Affairs.

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HB 134. By Representative Rainey of the 135th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the General Assembly to merge the existing independent school system of the City of Cordele and the existing school district in the County of Crisp lying outside the corporate limits of said city into one school district co-extensive with the limits of Crisp County.
Referred to Committee on Urban and County Affairs.

HB 138. By Representatives Godbee of the 110th and Bargeron of the 108th:
A bill to amend an Act creating the State Court of Burke County, formerly the City Court of Waynesboro, so as to change provisions relating to the fees charged and collected by the clerk of the 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 Consumer Affairs has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 64. Do pass.
Respectfully submitted,
Senator Scott of the 2nd District, Chairman

Mr. President:

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

SB 3. Do pass.

SB 26. Do pass.

SB 13. Do pass.

SB 57. Do pass.

SB 14. Do pass.

SB 70. Do pass.

SB 25. Do pass.

SR 16. Do pass.

Respectfully submitted,

Senator Kidd of the 25th District, Chairman

Mr. President:

The Committee on Transportation has had under consideration the following bill and resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 37. Do pass by substitute. SR 12. 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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87

bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:

SB 69. Do pass. SB 72. Do pass. SB 74. Do pass.

SB 93. Do pass. SB 95. Do pass.

Respectfully submitted,

Senator Turner of the 8th District, Chairman.

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

SB 4. By Senator Kidd of the 25th:
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 for the Superior Court of Hancock County in the Ocmulgee Judicial Circuit; to provide an effective date.

SB 10. By Senator Tolleson of the 32nd:
A bill to amend Chapter 2 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of fire and other hazards, so as to provide for placement of smoke or products of combustion detectors in new single-family and multifamily residential construction; to provide for rules and regulations.

SB 23. By Senator Kidd of the 25th:
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 for the Superior Court of Wilkinson County in the Ocmulgee Judicial Circuit; to provide an effective date.

SB 33. By Senator Peevy of the 48th:
A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding local government, so as to provide for criminal penalties in certain cases where garbage, trash, waste, or refuse is transported across state or county boundaries for the purpose of dumping without permission.

SB 43. By Senator Barnes of the 33rd:
A bill to amend Code Section 19-8-4 of the Official Code of Georgia Annotated, relating to surrender of parental rights and related proceedings in connection with adoptions, so as to provide clearly that a mother's affidavit regarding the putative father is not required in connection with her consent to her child's adoption by her husband; to provide an effective date.

SB 44. By Senator Barnes of the 33rd:
A bill to amend Code Section 15-10-22 of the Official Code of Georgia Annotated, relating to the qualifications and restrictions on the practice of law for magistrates, so as to change the provisions relating to the restrictions on the practice of law.

SB 45. By Senator Barnes of the 33rd:
A bill to amend Article 4 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, the "Georgia Driver Improvement Act," so as to change the maxi-

JOURNAL OF THE SENATE

mum fees which may be charged by driver improvement clinics for alcohol and drug courses, defensive driving courses, and other courses and programs.

SB 46. By Senator Barnes of the 33rd:
A bill to amend Code Section 9-11-30 of the Official Code of Georgia Annotated, relating to depositions in civil actions, so as to provide that if a deposition is recorded by stenographic means, then any party may at his own expense without the necessity of a court order also use any other means of recording or preserving the deposition.

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

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun of 46th Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Edge

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

Newbill Olmstead Peevy Perry Phillips Ragan Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Timmons Tolleson Turner Tysinger Walker

Those not answering were Senators:

Brown of 47th (excused) Langford

Ray

Echols

McKenzie

Senator Hudgins of the 15th introduced the chaplain of the day, Reverend Herbert L. Ma Gill, pastor of Asbury United Methodist Church, Columbus, Georgia, who offered scripture reading and prayer.

Senator Olmstead of the 26th introduced the doctor of the day, Dr. Fred Rankin, of Macon, Georgia.

The following resolutions of the Senate were read and adopted:

SR 24. By Senator Garner of the 30th: A resolution congratulating the Villa Rica High School Wildcats football team.

Senator Garner of the 30th introduced the Villa Rica High School football team and coach.

SR 28. By Senators Scott of the 2nd, Coleman of the 1st, Bryant of the 3rd and Kennedy of the 4th:
A resolution recognizing the City of Savannah and declaring Monday, January 26, 1987, "Savannah Day at the Capitol".

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89

SR 29. By Senator Harrison of the 37th: A resolution commending Mr. Carl Barrett.

SR 30. By Senator Kidd of the 25th: A resolution commending the Filibusters Softball Team.

SR 32. By Senators Allgood of the 22nd, Kennedy of the 4th, McGill of the 24th and others:
A resolution commending Senator Wyche Fowler.

Senator Coverdell of the 40th moved that the following bill of the Senate be withdrawn from the Senate Committee on Rules and committed to the Senate Committee on Urban and County Affairs (General):

SB 88. By Senators Langford of the 35th, Coverdell of the 40th, Newbill of the 56th and Shumake of the 39th:
A bill to amend Code Section 31-3-2.1 of the Official Code of Georgia Annotated, relating to county boards and departments of health of counties of this state having a population of 550,000 or more, so as to provide that the Department of Human Resources shall make payments to the county governing authority of such counties to reimburse such counties for expenses incurred by them in providing retirement system services for certain employees.

On the motion, the yeas were 36, nays 1; the motion prevailed, and SB 88 was withdrawn from the Senate Committee on Rules and committed to the Senate Committee on Urban and County Affairs (General).

Senator Coverdell of the 40th moved that the following bill of the Senate be withdrawn from the Senate Committee on Rules and committed to the Senate Committee on Retirement:

SB 87. By Senators Langford of the 35th, Coverdell of the 40th, Newbill of the 56th and Shumake of the 39th:
A bill to amend Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to provisions of the Employees' Retirement System of Georgia which are applicable to particular groups of employees, so as to provide that certain employees of county boards and county departments of health of counties of this state having a population of 550,000 or more shall have the option to become members of the Employees' Retirement System of Georgia or remain members of a local retirement system.

On the motion, the yeas were 33, nays 1; the motion prevailed, and SB 87 was withdrawn from the Senate Committee on Rules and committed to the Senate Committee on Retirement.

The following communications were received and read by the Secretary:

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

The General Assembly Atlanta
January 16, 1987

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Dear Lieutenant Governor Miller:
Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-2-20, relative to the State Transportation Board, a caucus was held on January 15, 1987, at 3:00 P.M., in the Senate Chamber, State Capitol, at which caucus Honorable William Evans, Sr., was elected as a member of the State Transportation Board from the Fourth Congressional District to serve a term beginning April 16, 1987, and expiring April 15, 1992.

Respectfully submitted,

/s/ Lawrence Stumbaugh Senator, 55th District Chairman Fourth Congressional District Caucus

/s/ Cathey W. Steinberg Representative, 46th District Secretary Fourth Congressional District Caucus

The General Assembly

Atlanta

TO:

HONORABLE MAX CLELAND

SECRETARY OF STATE

This is to certify that Honorable William Evans, Sr., DeKalb County, has been elected, pursuant to the provisions of O.C.G.A. Section 32-2-20, relative to the State Transportation Board, as a member of the State Transportation Board from the Fourth Congressional District, for a term of five years and until his successor is elected and qualified, such term beginning April 15, 1987, and expiring April 15, 1992.
This 16th day of January, 1987.

/s/ Zell Miller President of the Senate

/s/ Thomas B. Murphy Speaker, House of Representatives

The General Assembly Atlanta
January 16, 1987
Honorable Zell Miller Lieutenant Governor 240 State Capitol Atlanta, GA 30334
Dear Lieutenant Governor Miller:
Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-2-20, relative to the State Transportation Board, a caucus was held on January 15, 1987, at 2:00 P.M., in the Senate Chamber, State Capitol, at which caucus Honorable Frank Morast, Jr., was elected as a member of the State Transportation Board from the Third Congressional District to serve a term beginning April 16, 1987, and expiring April 15, 1992.

Respectfully submitted,

/s/ Ward Edwards Representative, 112th District Chairman Third Congressional District Caucus

/s/ Thomas B. Buck III Representative, 95th District Secretary Third Congressional District Caucus

FRIDAY, JANUARY 16, 1987

91

The General Assembly Atlanta

TO:

HONORABLE MAX CLELAND

SECRETARY OF STATE

This is to certify that Honorable Frank Morast, Jr., Muscogee County, has been elected, pursuant to the provisions of O.C.G.A. Section 32-2-20, relative to the State Transportation Board, as a member of the State Transportation Board from the Third Congressional District, for a term of five years and until his successor is elected and qualified, such term beginning April 15, 1987, and expiring April 15, 1992.

This 16th day of January, 1987.

1st Zell Miller President of the Senate

Is/ Thomas B. Murphy Speaker, House of Representatives

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

SENATE LOCAL CONSENT CALENDAR
Friday, January 16, 1987 FIFTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)

SB 69 Huggins, 53rd Fincher, 54th Catoosa
Continues amendment which creates Lakeview-Fort Oglethorpe-Catoosa Co. Stadium Authority; provides authority.

SB 72 Tolleson, 32nd Newbill, 56th Harrison, 37th Barnes, 33rd City of Smyrna Cobb County
Amends Act creating new charter for city; provides for election of mayor and all councilmen at same elections.

SB 74 Kidd, 25th Baldwin County
Amends Act creating board of commissioners of county; changes manner of electing members of board of commissioners; provides for election of board members from districts; provides for terms of office; provides procedures; provides for election of chairman.

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SB

93 Kidd, 25th

Hancock County

Amends Act placing sheriff, judge of Probate Court, and clerk of Superior Court of county on an annual salary in lieu of fee system of compensation; changes provisions relating to deputy sheriffs; provides for a secretary and radio operators and their compensation.

SB

95 Baldwin, 29th

City of LaGrange

Troup County

Continues amendment creating LaGrange Development Authority; provides authority.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun of 46th Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Gillis Harris Harrison Hine Holloway Howard Hudgins Huggins Kennedy Kidd Land McGill McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators: Brown of 47th (excused) Garner

Langford

On the passage of all the local bills, the yeas were 53, nays 0.

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

SENATE CALENDAR
Friday, January 16, 1987 FIFTH LEGISLATIVE DAY
SB 1 Torts civil liability immunity, tax exempt organizations, provider of medical care (AMENDMENT) (COM W SEN 4th)

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93

SB 2 Medical Malpractice Actions limitation start at five (5) years (COM W SEN 4th)
The following general bills of the Senate, favorably reported by the Committee of the Whole Senate, were read the third time and put upon their passage:
SB 1. By Senators Kennedy of the 4th, Coleman of the 1st, Howard of the 42nd, Barnes of the 33rd, Dean of the 31st, McKenzie of the 14th, Deal of the 49th and others: A bill to amend Title 51 of the Official Code of Georgia Annotated, relating to torts, so as to provide a qualified immunity from civil liability for persons serving as directors, officers, or trustees of certain tax-exempt organizations or appointed as unpaid directors, officers, or members of governmental entities; to provide immunity from civil liability for negligent acts or omissions to persons or entities providing medical care without the expectation of compensation.
Senators Turner of the 8th and McKenzie of the 14th offered the following amendment:
Amend SB 1 by inserting on line 8 of page 1 between "medical" and "care" the following:
"or veterinary medical". By inserting on line 1 of page 3 between "(a)" and "Any" the following: "(1)".
By inserting between lines 5 and 6 of page 3 the following: "(2) Any person, veterinary hospital, or other entity providing veterinary medical care to an animal without the expectation of compensation shall not be liable as a result of any act or omission in providing such veterinary medical care."
On the adoption of the amendment, the yeas were 42, nays 1, and the amendment was adopted.
Senators Deal of the 49th, Kennedy of the 4th, Coleman of the 1st, Howard of the 42nd, Barnes of the 33rd, Dean of the 31st, McKenzie of the 14th, Dawkins of the 45th and Walker of the 43rd offered the following amendment:
Amend SB 1 by adding after the word "liability" on line 7 of page 1 the following: "under certain circumstances".
By adding between lines 8 and 9 of page 3 the following: "(c) The immunity provided in subsection (a) of this Code section shall not apply if such person, hospital, health care provider, or other entity providing medical care expected to apply for, applied for, or received medicare, Medicaid, or other third party payment for the medical care provided."
By striking the designation "(c)" on line 9 of page 3 and inserting in its place the designation "(d)".
On the adoption of the amendment, the yeas were 47, nays 1, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun of 46th Bryant Coleman Coverdell Crumbley Dawkins Deal Dean Echols Edge English

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

Newbill Olmstead Peevy Perry Phillips Ragan
Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Timmons Tolleson Turner Tysinger Walker

Voting in the negative were Senators Burton and Tate.

Not voting were Senators Brown of the 47th (excused) and Langford.

On the passage of the bill, the yeas were 52, nays 2.

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

SB 2. By Senators Kennedy of the 4th, Coleman of the 1st, Howard of the 42nd, Barnes of the 33rd, Dean of the 31st, McKenzie of the 14th, Deal of the 49th and others:
A bill to amend Title 9 of the Official Code of Georgia Annotated, relating to civil practice, so as to provide that the period of limitation for actions for medical malpractice shall begin to run against persons who are minors when such persons attain the age of five years; to provide that certain actions shall not be revived or extinguished.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun of 46th Bryant Coleman

Coverdell Crumbley Dawkins
Deal Dean Echols Edge English Engram Fincher

Foster Garner Gillis Harris Harrison Hine Holloway Howard Hudgins Huggins

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95

Kennedy Kidd Land McGill McKenzie Newbill Olmstead Peevy

Perry Phillips Ragan Ray Scott of 2nd Scott of 36th Shumake Starr

Stumbaugh Tate Timmons Tolleson Turner Tysinger Walker

Voting in the negative was Senator Burton.

Not voting were Senators Brown of the 47th (excused) and Langford.

On the passage of the bill, the yeas were 53, nays 1.

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

Senator Allgood of the 22nd moved that the Senate stand in recess until 5:00 o'clock P.M. at which time the Senate would stand adjourned pursuant to HR 8, adopted previously, until 10:00 o'clock A.M. on Monday, January 26; the motion prevailed.

At 11:38 o'clock A.M., the President announced that the Senate would stand in recess until 5:00 o'clock P.M. at which time the Senate would stand adjourned pursuant to HR 8, adopted previously, until 10:00 o'clock A.M. on Monday, January 26.

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Senate Chamber, Atlanta, Georgia Monday, January 26, 1987 Sixth Legislative Day
The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.
Senator Barker of the 18th reported that the Journal of the proceedings of Friday, January 16, 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 31. By Representatives Chambless of the 133rd, Thomas of the 69th, Waldrep of the 80th and Groover of the 99th:
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 addition to any other remedy which may exist including the garnishment remedy; to provide for personal service of the complaint upon which the garnishment judgment was obtained.
HB 33. By Representatives Chambless of the 133rd, Thomas of the 69th, Waldrep of the 80th and Thompson of the 20th:
A bill to amend Code Section 17-3-1 of the Official Code of Georgia Annotated, relating to limitation periods for criminal prosecutions generally, so as to provide that prosecution for felonies committed against victims who are at the time of commission under the age of 14 years or who are incompetent must be commenced within ten years after the commission of the crime.
HB 74. By Representative Alien of the 127th:
A bill to amend Code Section 16-13-49 of the Official Code of Georgia Annotated, relating to forfeitures of controlled substances and certain materials, property, and conveyances, so as to change the amount of certain forfeited money or currency which may be used or expended by the local governing authority; to provide for certain limitations and restrictions on the use of such funds.
The House has adopted by the requisite constitutional majority the following resolutions of the House:
HR 25. By Representatives Pinkston of the 100th, Steinberg of the 46th, Groover of the 99th, Murphy of the 18th, Richardson of the 52nd and others:
A resolution commending Honorable Viola Ross Napier and authorizing the placing of her portrait in the State Capitol Building.

MONDAY, JANUARY 26, 1987

97

HR 69. By Representatives Wood of the 9th, Lawson of the 9th, Jackson of the 9th, Barnett of the 10th, Pittman of the 60th and Wall of the 61st:
A resolution urging the President and Congress to take action necessary to reauthorize the Clean Water Act.
The following bills and resolution of the Senate were introduced, read the first time and referred to committees:
SB 157. By Senator Brannon of the 51st:
A bill to amend Code Section 40-5-58 of the Official Code of Georgia Annotated, relating to the revocation of driver's license of a habitual violator, so as to change the definition of a habitual violator; to provide for applicability. Referred to Committee on Public Safety.
SB 158. By Senator Brannon of the 51st:
A bill to amend Code Section 9-13-161 of the Official Code of Georgia Annotated, relating to where and when sales under execution are held, so as to change the provisions relating to time of sales. Referred to Committee on Special Judiciary.
SB 159. By Senators Scott of the 2nd, Albert of the 23rd, Langford of the 35th and others:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to establish the State Children's Trust Fund and the State Children's Trust Fund Commission; to provide a short title; to define certain terms; to provide for the membership of the State Children's Trust Fund Commission and its powers and compensation. Referred to Committee on Children and Youth.
SB 160. By Senators Kennedy of the 4th and Coleman of the 1st:
A bill to amend Article 1 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to general provisions affecting the Department of Transportation, so as to provide that an employee of the Department of Transportation who is injured in the line of duty by an act of external violence, accident, or injury shall be entitled to regular compensation for the period of time that the employee is physically unable to perform the duties of his employment. Referred to Committee on Transportation.
SB 161. By Senators Kennedy of the 4th, Ray of the 19th, Tate of the 38th and others:
A bill to amend Code Section 20-2-850 of the Official Code of Georgia Annotated, relating to sick leave for teachers and other personnel, so as to provide that there shall be no limit on the amount of unused sick leave which may be accumulated for the purpose of members of the Teachers Retirement System of Georgia; to amend Article 5 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated so as to authorize creditable service for unused sick leave which is accumulated at the time of retirement. Referred to Committee on Retirement.
SB 162. By Senators Deal of the 49th, Peevy of the 48th, Barnes of the 33rd and others:
A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, so as to provide a comprehensive plan for the development of community-based alternatives so that children who have committed delinquent acts may not have to be commit-

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ted to a state detention facility; to provide noninstitutional disposition options for juvenile courts; to provide for intent. Referred to Committee on Judiciary.
SB 163. By Senator Kidd of the 25th:
A bill to amend Code Section 16-10-51 of the Official Code of Georgia Annotated, relating to the crime of bail jumping generally, so as to make it unlawful for a person who is charged with or convicted of a misdemeanor to fail without sufficient excuse to appear at a specified time and place as previously ordered; to provide that a person who has jumped bail on a misdemeanor and who has left the state commits the offense of out-of-state bail jumping; to provide penalties. Referred to Committee on Special Judiciary.
SB 164. By Senator Land of the 16th:
A bill to amend Code Section 40-2-20.1 of the Official Code of Georgia Annotated, relating to staggered motor vehicle registration periods, so as to limit the time period during which a person may register his motor vehicle; to provide for early registration in certain situations. Referred to Committee on Transportation.
SB 165. By Senator Tysinger of the 41st:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the General Assembly to provide by law for the form of government of DeKalb County and to provide for the various officers, bodies, branches, departments, or agencies by and through which the county's governmental powers shall be exercised; to provide the authority for this Act. Referred to Committee on Urban and County Affairs.
SB 166. By Senator Dawkins of the 45th:
A bill to amend Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to state printing and documents, so as to repeal in its entirety Article 1 of said chapter which requires that publications of the executive branch of government indicate certain information on the cover of the publication; to provide for related matters; to provide an effective date. Referred to Committee on Industry and Labor.
SB 167. By Senators Ray of the 19th, Tate of the 38th, Walker of the 43rd and others:
A bill to amend Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the Teachers Retirement System of Georgia, so as to change the provisions relating to eligibility for retirement allowances; to change the provisions relating to retirement allowances; to provide an effective date. Referred to Committee on Retirement.
SB 168. By Senator Scott of the 2nd:
A bill to amend Article 2 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mortgages, so as to provide for the payment of interest on funds held in escrow for payment of taxes and insurance. Referred to Committee on Banking and Finance.
SB 169. By Senator Scott of the 2nd: A bill to amend Code Section 17-7-211 of the Official Code of Georgia Annotated, relating to the right of defendant to copies of written scientific reports which will

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be introduced in evidence, so as to provide that certain written scientific reports from the Georgia Bureau of Investigation shall be admissible as evidence of the truth of the test results. Referred to Committee on Judiciary.
SR 33. By Senators Perry of the 7th and Turner of the 8th:
A resolution transferring the ownership of a certain structure owned by the Georgia Forestry Commission to the Clinch County Board of Commissioners; to provide an effective date. Referred to Committee on Natural Resources.
The following bills and resolutions of the House were read the first time and referred to committees:
HB 31. By Representatives Chambless of the 133rd, Thomas of the 69th, Waldrep of the 80th and Groover of the 99th:
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 addition to any other remedy which may exist including the garnishment remedy; to provide for personal service of the complaint upon which the garnishment judgment was obtained. Referred to Committee on Judiciary.
HB 33. By Representatives Chambless of the 133rd, Thomas of the 69th, Waldrep of the 80th and Thompson of the 20th:
A bill to amend Code Section 17-3-1 of the Official Code of Georgia Annotated, relating to limitation periods for criminal prosecutions generally, so as to provide that prosecution for felonies committed against victims who are at the time of commission under the age of 14 years or who are incompetent must be commenced within ten years after the commission of the crime. Referred to Committee on Judiciary.
HB 74. By Representative Alien of the 127th:
A bill to amend Code Section 16-13-49 of the Official Code of Georgia Annotated, relating to forfeitures of controlled substances and certain materials, property, and conveyances, so as to change the amount of certain forfeited money or currency which may be used or expended by the local governing authority; to provide for certain limitations and restrictions on the use of such funds. Referred to Committee on Judiciary.
HR 25. By Representatives Pinkston of the 100th, Steinberg of the 46th, Groover of the 99th, Murphy of the 18th, Richardson of the 52nd and others:
A resolution commending Honorable Viola Ross Napier and authorizing the placing of her portrait in the State Capitol Building. Referred to Committee on Rules.
HR 69. By Representatives Wood of the 9th, Lawson of the 9th, Jackson of the 9th and others:
A resolution urging the President and Congress to take action necessary to reauthorize the Clean Water Act. Referred to Committee on Natural Resources.

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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 bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 115. Do pass.
Respectfully submitted,
Senator Turner of the 8th District, Chairman
The following bills and resolutions of the Senate were read the second time:
SB 3. By Senator Kidd of the 25th: A bill to amend Article 2 of Chapter 10 of Title 45 of the Official Code of Georgia Annotated, relating to conflicts of interest, so as to authorize officers and employees of the state to engage in political activities under certain conditions.
SB 13. 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 no person shall be eligible as a write-in candidate in a special or general primary, a special or general primary runoff, or in a special or general election runoff; to provide that no person shall be eligible as a write-in candidate in a general or special election if such person was a candidate for nomination or election to the same office in the immediately preceding primary.
SB 14. By Senator Kidd of the 25th: A bill to amend Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to personnel administration, so as to authorize the State Personnel Board in its discretion to establish an employee assistance program for employees of departments covered under the state merit system; to authorize the department to adopt and promulgate rules and regulations.
SB 25. By Senator Kidd of the 25th: A bill to amend Title 8 of the Official Code of Georgia Annotated, relating to buildings and housing, so as to provide a program for art in state buildings; to provide a short title; to provide for declaration of purpose; to define certain terms; to provide for financing works of art; to provide for the art in state buildings program to be a budget item in the annual budget.
SB 26. By Senator Kidd of the 25th:
A bill to amend Article 2 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated as enacted by the "Ethics in Government Act," relating to campaign contributions, so as to provide that any person who accepts contributions for, makes contributions to, or makes expenditures on behalf of a candidate for state office shall not be required to file a copy of a campaign contribution disclosure report with the local election superintendent.
SB 37. By Senators Burton of the 5th and Harrison of the 37th: A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige and special license plates, so as to authorize the issuance of special license plates to members of the Ancient Arabic Order, Nobles

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101

of the Mystic Shrine, the Shriners; to provide legislative findings; to provide for procedures and fees connected with the issuance of such special license plates.

SB 57. By Senator Phillips of the 9th:
A bill to amend Article 2 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the general powers and duties of the Secretary of State, so as to require the Secretary of State to publish annually an official directory of state and county officials and officers; to provide that such directory shall also contain the names of the members of the Georgia delegation to the Congress of the United States.

SB 64. By Senators Kidd of the 25th, Walker of the 43rd, English of the 21st and others:
A bill to amend Part 4 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to certain required equipment on vehicles, so as to require certain persons in certain vehicles to use seat belts; to provide a definition; to provide exceptions; to provide that a failure to use seat belts may not be introduced in evidence in any civil action and may not be used to diminish recovery of damages.

SB 70. By Senator Brannon of the 51st:
A bill to amend Article 3 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, known as "The Georgia Coroner's Training Council Act," so as to change the membership of the Georgia Coroner's Training Council; to change the provisions relating to the quorum of such council.

SR 12. By Senator Fincher of the 54th: A resolution designating the C. W. Bradley Bridge.

SR 16. By Senator Garner of the 30th:
A resolution proposing an amendment to the Constitution so as to change the term of office of the Governor; to change certain provisions relating to the election of the Governor; to change certain provisions relating to the election and term of office of the Lieutenant Governor; to change certain provisions relating to the election and term of office of other executive officers; to provide for the submission of this amendment for ratification or rejection.

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

Albert Allgood Baldwin Barker Barnes
Bowen Broun of 46th
oBCoruylreftomnntan
Crumbley Dawkins D ea i Dean Echols Edge English

Fincher Foster Garner Gillis Harris
Harrison Hine
H",,oolwloawa, y
TM Huggins Kennedy Kidd Land Langford McGill

McKenzie Olmstead Peevy Perry Phillips
Ragan Scott of 2nd
S,coutmt aok,fe36th
Starr Stumbaugh Timmons Tolleson Turner Tysinger Walker

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Those not answering were Senators:

Brannon (excused)

Engram

Ray

Brown of 47th (excused) Newbill (excused)

Tate

Coverdell

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

Secretary of State 214 State Capitol
Atlanta 30334
January 16, 1987
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 registered in the Docket of Legislative Appearance for the 1987 Regular Session the week of January 12, 1987, as of 3:00 p.m. this date. The list is numbered 1 through 450.
With best wishes, I am
Most sincerely,
/s/ Max Cleland
Attachments:
Received by /s/ Hamilton McWhorter, Jr.

STATE OF GEORGIA Office of Secretary of State
I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that the attached list contains the names and addresses of those persons, numbered 1 through 450, who have registered in the Docket of Legislative Appearance as of January 16, 1987, 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 16th day of January, in the year of our Lord One Thousand Nine Hundred and Eighty-Seven and of the Independence of the United States of America the Two Hundred and eleventh.
/s/ Max Cleland Secretary of State

(Seal)

MONDAY, JANUARY 26, 1987

103

1987 Session

Registration Docket of Legislative Appearance

Stephen E. Janas Georgia Dental Association 2951 Flowers Road, South Atlanta, Georgia 30340 404/458-6166

10. Edward Ray P.T.A. 3277 North Whitney Avenue Hapeville, Georgia 30354 404/762-7400

2. Frank M. Deaver Trust Company of Georgia Post Office Box 4418 Atlanta, Georgia 30302 404/588-7373
3. Gary Martin Police Benevolent Association of Georgia 1597 Phoenix Boulevard #12 Atlanta, Georgia 30349 404/991-3750

11. Susan Saleska National Head Injury Foundation Georgia Association 1441 Clifton Road, N.E. Atlanta, Georgia 30307 404/727-5588
12. Theodore Clark T.C. Public Affairs 2092 West Columbia College Park, Georgia 30337 404/999-0876

4. Henry Turner US Sprint 3065 Hargrove Road Atlanta, Georgia 30339 404/984-4773
5. John R. Reinke Waste Management Inc. 2600 Delk Road Delk Place, Suite 200 Marietta, Georgia 30067 404/952-0444
6. VOID
7. Martha Phillip Georgia Dental Association 2951 Flowers Road, South Atlanta, Georgia 30340 404/458-6166
8. William J. White REGISTERED AGENT Gate City Guard DeKalb Republican Party 120 North Candler Road Decatur, Georgia 30030 404/634-0406
9. Pat Ellis Ross, Russell, Ellis, Bailey & Becker 1655 Peachtree Street Suite 908 Atlanta, Georgia 30309 404/873-4556

13. F. Thomas Longerbeam Motor Vehicle Manufacturers Association of the United States, Inc. Five Dunwoody Park Suite 113 Atlanta, Georgia 30338 404/394-8632
14. Tony Hightower REGISTERED AGENT 6280 Mission Lane Box 190-D Norcross, Georgia 30071 404/263-6739
15. Ned B. Young NBY Limited, Inc. 215 Piedmont Avenue Suite 407 Atlanta, Georgia 30303 404/584-7108
16. Jack Wolcott Collins Christian Science Committee 534 Medlock Road, Room 108 Decatur, Georgia 30030 404/378-2833
17. Richard Cobb Petroleum Council of Georgia 230 Peachtree Street Suite 1500 Atlanta, Georgia 30303 404/522-2574

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18. Ben Barron Ross Ross, Russell, Ellis, Bailey & Becker 1655 Peachtree Street Atlanta, Georgia 30309 404/873-4556
19. Joyce R. Ringer Council for Exceptional Children Division for Early Childhood 3613 Norwich Drive Tucker, Georgia 30084 404/938-4238
20. John Russell Ross, Russell, Ellis & Bailey 1655 Peachtree Street, Suite 908 Atlanta, Georgia 30309 404/873-4556
21. Ellen A. Rhoades Auditory Educational Clinic 3016 Lanier Drive, N.E. Atlanta, Georgia 30319 404/237-6141
22. Walter Bellamy SELF 2343 Campbellton Road, S.W. Atlanta, Georgia 30311 404/642-3407
23. Don Cargill Atlanta Gas Light Company Post Office Box 4569 Atlanta, Georgia 30302 404/572-0843
24. Jack Cory Georgia Power Company Post Office Box 4545 Atlanta, Georgia 30302 404/526-6929
25. Don Madey We The People 8351 Roswell Road, Suite 101 Dunwoody, Georgia 30338 404/641-1192
26. Lin D. Pollard League of Women Voters of Georgia 1676 Fernleaf Circle Atlanta, Georgia 30318 404/351-1098
27. Michael G. Leahey LINTEX CONTRACT SECURITY 1204 Hampton Crossing Norcross, Georgia 30093 404/923-5885

28. John A. Molnar Union Carbide Corporation 17 Executive Park Drive Atlanta, Georgia 30329 404/320-3560
29. Karen S. Gillespie Squibb U.S. Post Office Box 16503 Atlanta, Georgia 30321 404/961-4540
30. Joanna Williams A.F.S.C.M.E. 2001 Martin Luther King Dr. Atlanta, Georgia 30310 404/752-8383
31. James H. Purcell Alliance of American Insurers 229 Peachtree Street, N.E. Suite 501 Atlanta, Georgia 30303 404/588-0517
32. John Poole Business Council of Georgia 1280 South Omni Center Atlanta, Georgia 30335 404/223-2287
33. Barbara O. McGahey Council for Children Home Builders Association of Ga. 5880 Pinehurst Way Douglasville, Georgia 30135 404/942-7789
34. Robert C. Scott Justin Enterprises 1453 Rockmoor Court Stone Mountain, Georgia 30088 404/498-0323
35. Donald E. Tefft A A RP 770 Old Roswell Road CS 4000 Roswell, Georgia 30076 404/998-7776
36. William A. "Bill" Morgan REGISTERED AGENT Logistics Unlimited Inc. Display Group/Atlanta Inc. 1698 Taylor Avenue East Point, Georgia 30344 404/762-7832

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105

37. Donald W. Hilton REGISTERED AGENT Logistics Unlimited Inc. Display Group/Atlanta Inc. 1698 Taylor Avenue East Point, Georgia 30344 404/762-7832
38. Ronnie Lee Hilton REGISTERED AGENT Logistics Unlimited Inc. Display Group/Atlanta Inc. 1698 Taylor Avenue East Point, Georgia 30344 404/762-7832
39. Connie B. Plunkett Georgia Citizens for the Arts 1404 Spring Street Atlanta, Georgia 30309 404/873-4356
40. William E. Rodgers Kayo Oil Company 1221 East Main Street Chattanooga, TN 37408 615/755-9390
41. Dwight M. Ferguson Georgia Supporters for The Gifted 6291 Lakeview Terrace Douglasville, Georgia 30135 404/459-5767
42. Bob Bullington United Transportation Union Post Office Box 80763 Chamblee, Georgia 30366 404/938-7373
43. Robert E. Simmons Fayette County Chamber of Commerce Post Office Box 276 695 Jeff Davis Drive Fayetteville, Georgia 30214 404/461-9983
44. Joseph J. Kelly Texaco Inc. 59 Executive Park South Suite 500 Atlanta, Georgia 30329 404/320-3754

45. Harold L. Bevis, Jr. Air Transport Association Delta Air Lines Hartsfield Atlanta International Airport Atlanta, Georgia 30320 404/765-2455
46. Robert I. Marcus Georgia Association of Professional Insurance Agents 1311 Johnson Ferry Road Marietta, Georgia 30067 404/973-4000
47. William B. Hollberg REGISTERED AGENT Alliance for Parents & Families Georgia Right to Life Committee 744 Elkmont Drive, N.E. Atlanta, Georgia 30306 404/874-0874
48. Margaret N. Kollen REGISTERED AGENT Georgia Right to Life Committee Georgia Women's Forum 3260 Ethan Drive Marietta, Georgia 30062 404/454-7612
49. Kelvin F. MacDonald Georgia Right to Life Committee 8270 Dawn Drive Jonesboro, Georgia 30236 404/454-7612
50. Arlin Roscoe Ewing Haralson County Industries Development Corporation City Hall Building Waco, Georgia 30194 404/537-5594
51. Joe A. Cannon AARP Legislative Committee Route 5 Blakely, Georgia 31723 912/723-5650
52. James R. Bird AARP 644 Elam Forest Court Stone Mountain, Georgia 30083 404/294-5427
53. John A. Jones AARP Route 3, Box 401 Greensboro, Georgia 30642 404/467-2454

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54. Alien L. Biebel AARP 123 Shore Rush Circle St. Simons Island, Georgia 31522 912/638-9289
55. William M. Nixon AARP 2965 Flowers Road Atlanta, Georgia 30341 404/636-0561
56. Warren N. Loar III AARP 2965 Flowers Road Atlanta, Georgia 30341 404/984-2248
57. Martha Eaves AARP 2965 Flowers Road Atlanta, Georgia 30341 404/483-7511
58. Cecil S. Nash AARP 2149 New London Place Snellville, Georgia 30278 404/972-6142
59. Jere A. Ridgway AARP 112 Carolina Street Hartwell, Georgia 30643 404/376-8916
60. Keith Hatcher Georgia Association of Realtors 3200 Presidential Drive Atlanta, Georgia 30340 404/451-1831
61. W. Fred Blackmon Eli Lily & Company 5944 Peachtree Corners East Norcross, Georgia 30091 404/441-5415
62. Sybil A. Lumpkin SELF 2383 Candler Road Decatur, Georgia 30032 404/284-3441

63. Marie S. Steinmeyer REGISTERED AGENT Georgia Women Coalition Medical Freedom Older Women League Georgia Association Medical Victims AARP 3985 Lynfield Court College Park, Georgia 30349 404/688-8207
64. Linda M. Wilson League of Women Voters of Georgia 6295 Red Oak Road College Park, Georgia 30349 404/522-8683
65. Maureen M. Lok League of Women Voters of Georgia 3793 Raccoon Run Marietta, Georgia 30062 404/522-8683
66. William Alexander REGISTERED AGENT City of Atlanta City of Savannah 1195 Lenox Circle, N.E. Atlanta, Georgia 30306 404/527-7023
67. Ruenette Gilbert Georgia PTA 1846 Beaverdale Road Dalton, Georgia 30720 404/259-5406
68. Betty Partin Georgia PTA 210 Indian Trail, N.E. Dalton, Georgia 30720 404/226-1416
69. Belinda Parrish Georgia PTA 3 Dixie Highway 1 Dalton, Georgia 30720 404/226-8800
70. David Lee Prather CWA Georgia Political Council 279 Logan Street, S.E. Atlanta, Georgia 30312
71. Guy Mosier E.I. Dupont 4948 Bridgeport Way Norcross, Georgia 30092 404/441-2253

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107

72. Jo Ann Britt SELF 1182 Braselton Way Lawrenceville, Georgia 30245 404/962-0916
73. Linda H. Rogers SELF 164 King Arthur Drive Lawrenceville, Georgia 30245 404/963-2213
74. Bob Broadus The Upjohn Company 206 Oakmont Drive Slidell, LA 70460 504/643-6006
75. Todd Mitchell Krohn SELF 470 Ridgewater Drive Marietta, Georgia 30067 404/977-5351
76. Frances F. Pauley Georgia Poverty Rights 1017 Capitol Avenue Atlanta, Georgia 30315 404/525-5948
77. Franklin Shumake PAGE 100 Tallulah Lane Tallulah Falls, Georgia 30573 404/754-6059
78. James M. Christian CIBA-GEIGY Corporation 4439 Shelbourne Drive Dunwoody, Georgia 30338 404/458-7217
79. Thomas G. Cook Georgia Pharmaceutical Association 20 Lenox Pointe Atlanta, Georgia 30306 404/231-5074
80. Bobby Rowan REGISTERED AGENT Enigma Brotherhood of Farmers The Surety Group Allison Manufacturing Inc. Box 70 Enigma, Georgia 31749

81. Albert E. Johnson REGISTERED AGENT North Trace Consulting Service City of Alpharetta 120 North Trace Alpharetta, Georgia 30201 404/475-4363
82. Brian Thomas Evans Appleton Family Ministries Post Office Box 210 Juliette, Georgia 31046 912/986-4620
83. W. David Lane Georgia Residential Child Care Association Route 2, Box 4 Palmetto, Georgia 30268 404/463-3344
84. Charles H. Lindsey Georgia Telephone Company Suite 1900 Century Blvd. Atlanta, Georgia 30345 404/321-5440
85. Horace E. Campbell, Jr. SELF Post Office Box 56 Homer, Georgia 30547 404/677-2481
86. Mitchell Gwinn Georgia Casualty & Property Insurance Wholesalers Box 28155 Atlanta, Georgia 30358-0155 404/952-0080
87. L. Jane Miller Georgians for Better Transportation 160 Clairmont Avenue Suite 570 Atlanta, Georgia 30030 404/377-1040
Wilma G. Hipps Georgians for Better Transportation 160 Clairmont Avenue Decatur, Georgia 30030 404/377-0140
89. Dr. Glynis J. Bean Atlanta Chapter of American Marketing Assn. 3390 Peachtree Road Suite 1000 Atlanta, Georgia 30326 404/231-4975

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90. A.H. (Al) Golden Atlanta Alliance for the Mentally 111 4242 Glenda Drive College Park, Georgia 30337 404/766-8447
91. Tom Keating Atlanta Public Schools 210 Pryor Street, S.W. Atlanta, Georgia 30335 404/659-3381
92. Ron E. Widener Georgia Independent Auto Dealers Assn. Post Office Box 43303 Atlanta, Georgia 30336 404/941-4814
93. Jack W. Houston Georgia Association of Petroleum Retailers 900 North Hairston Road Suite D Stone Mountain, Georgia 30083 404/296-0305
94. Demetrius Mazacoufa REGISTERED AGENT 1401 Peachtree Street Suite 238 Atlanta, Georgia 30309 404/897-1000
95. Steve McWilliams REGISTERED AGENT Georgia Mining Association Georgia Concrete & Products Assn. 4151 Memorial Drive Suite 205-D Decatur, Georgia 30032 404/299-3500
96. Angelina R. Luke Home Builders Assn. of Metro Atlanta 1399 Montreal Road Tucker, Georgia 30084 404/938-9900
97. John R. Keys Home Builders Assn. of Metro Atlanta Post Office Box 450749 Atlanta, Georgia 30345 404/938-9900

98. Thomas Wayne D. Bartlett Executive Protection Services Post Office Box 13824 Atlanta, Georgia 30324 404/261-0450
99. Jim Tudor Georgia Association of Convenience Stores 3040 Riverside Drive Suite C-3, Box 7776 Macon, Georgia 31209 912/474-1096
100. Jack G. Charlesworth National Auto Auction Assn. 916 Andiron Court Stone Mountain, Georgia 30083 404/292-7708
101. Daniel P. Starnes Council for Children, Inc. 100 Edgewood Avenue Suite 1008 Atlanta, Georgia 30303 404/527-7565
102. Linda M. Blair SELF Post Office Box 15168 Atlanta, Georgia 30333 404/658-2283
103. W. R. Hornsby Georgia Professional Bail Agents 750 Glass Street, N.W. Atlanta, Georgia 30318 404/873-6904
104. Stephen P. Georgeson REGISTERED AGENT Sears, Roebuck and Company Georgia Retail Association 95 Annex Atlanta, Georgia 30395 404/885-3575
105. Carl Julian Douglas Welsh Thoroughbred Farms 389 First Street Macon, Georgia 31206
106. Preston F. Sanders, Jr. Georgians United Against Reckless Driving Post Office Box 404 Clarkston, Georgia 30021

MONDAY, JANUARY 26, 1987

109

107. Skip Yow Georgia School Boards Association 1240 Atkinson Road Lawrenceville, Georgia 30245 404/962-2985
108. Gary Ashley Georgia School Boards Association 1240 Atkinson Road Lawrenceville, Georgia 30245 404/962-2985
109. Thomas H. "Trey" Paris III Citizens and Southern Corporation Post Office Box 4899 Atlanta, Georgia 30302-4899 404/581-5544
110. Erik L. Peterson Georgia Right to Life Committee Inc. Post Office Box 91256 Atlanta, Georgia 30364-1256 404/435-0892
111. Gary P. Fowler Ga. Branch, Associated General Contractors of America Inc. 147 Harris Street, N.W. Atlanta, Georgia 30313 404/522-5941
112. Ann W. Rose REGISTERED AGENT Midtown Hospital Georgia Association of Medical Victims, Inc. Worth Advertising Inc. 1104 Wedgewood Way Dunwoody, Georgia 30338 404/993-0772
113. John W. Cox Georgia Association of Realtors 3200 Presidential Drive Atlanta, Georgia 30340 404/451-1831
114. Newell D. Yarborough, Jr. Georgia Hospital Association NxNW Office Park Atlanta, Georgia 30339 404/955-0324
115. Alexander Jackson Dennis Enterprises Inc. 2060 Conley Drive Atlanta, Georgia 30310 404/366-3295

116. Bert Fridlin REGISTERED AGENT National Federation of Independent Business Automotive Service Assn. of Ga. Printing Association of Ga. Satellite TV Dealers Assn. of Ga.
117. Margaret Stewart, RRA Georgia Medical Record Assn. 512 Lakeshore Drive Atlanta, Georgia 30307 404/321-0111
118. Sue Thore-Jones Georgia Medical Record Assn. Shepherd Spinal Center 2020 Peachtree Road Atlanta, Georgia 30033 404/352-2020
119. Barbara M. Disque Fulton County Commission Fulton County Commission Bldg. Atlanta, Georgia 30303 404/892-5680
120. John F. Chambless Associated General Contractors of America, Inc. Ga. Branch 147 Harris Street Atlanta, Georgia 30313 404/522-5941
121. Kevin Gene Hughley Concern Working Senior Citizens 100 Edgewood Avenue Atlanta, Georgia 30303 404/577-4810
122. Cliff C. "Bucky" Kimsey III Bank South Post Office Box 4387 Atlanta, Georgia 30302 404/529-4784
123. Dr. Charles LeChasney Executive Advisory Inc. 145 Elizabeth Street, N.E. Atlanta, Georgia 30307 404/681-2653
124. Ivette Figueroa Executive Advisory Inc. 145 Elizabeth Street, N.E. Atlanta, Georgia 30307 404/681-2653

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JOURNAL OF THE SENATE

125. Jim Gray The Tobacco Institute 229 Peachtree Street Suite 1600 Atlanta, Georgia 30303 404/659-1444
126. F. Abit Massey REGISTERED AGENT Georgia Poultry Federation Georgia Society of Association Executives Post Office Box 763 Gainesville, Georgia 30503 404/532-0473
127. Dr. J.C. Mullis Georgia Retired Teachers Association 824 South Milledge Avenue Athens, Georgia 30605 404/546-7852
128. Leondus S. Brown Georgia Forestry Association 40 Marietta Street Suite 1020 Atlanta, Georgia 30303 404/522-0951
129. Jacquelyn M. Andrews Christians Against Hunger in Georgia Inc. 201 Washington Street, S.W. Atlanta, Georgia 30303 404/588-1458
130. Robert A. Cucchi Ford Motor Company 233 Peachtree Street, N.W. Atlanta, Georgia 30303 404/659-0303
131. Paul LaVoy Johnson REGISTERED AGENT Citizens United For R & E Georgia Association for Christian Schools 1074 Rock Chapel Road Lithonia, Georgia 30058 404/482-2873

132. Dr. Malcolm Cumrnings REGISTERED AGENT Georgia Association of Christian Schools American Association of Christian Schools Suite 218 337 South Milledge Avenue Athens, Georgia 30605 404/549-2190
133. Richard L. Greene Medical Association of Georgia 938 Peachtree Street, N.E. Atlanta, Georgia 30309 404/875-7535
134. Priscilla Watts SELF 2926 Sope Creek Drive Marietta, Georgia 30067 404/971-0149
135. Bill McBrayer REGISTERED AGENT Georgia Retail Association Drug Federation of Georgia Georgia Association of Opticians 100 Edgewood Avenue Suite 1804 Atlanta, Georgia 30303 404/577-3435
136. Harry D. Hollingsworth, Jr. Grady Hospital 229 Peachtree Street, N.E. Atlanta, Georgia 30303 404/659-1444
137. Ellen B. Coody REGISTERED AGENT Georgia Vocational Association Professional Education Assn. for Teachers Suite 3506 35 Executive Park Drive Atlanta, Georgia 30329 404/636-7539
138. Mel Steely American Association of University Professors West Georgia College Carrollton, Georgia 30118 404/834-2851

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139. Donald R. Wagner American Association of University Professors 128 Stewart Street Carrollton, Georgia 30117 404/834-1955
140. Andy Owen REGISTERED AGENT American Insurance Association American Council of Life Insurers 1900 Peachtree Center 229 Peachtree Street Atlanta, Georgia 30303 404/688-2600
141. Raymond G. Farmer American Insurance Association 3475 Lenox Road Suite 765 Atlanta, Georgia 30326
142. Joe E. Sloan, Sr. General Motors Corporation 5730 Glenridge Drive Atlanta, Georgia 30328 404/257-3965
143. Joyce R. Daniels Atlanta Chamber of Commerce 1300 South Omni International Atlanta, Georgia 30303 404/521-0845
144. Peter L. Banks REGISTERED AGENT Amarada Hess Corporation ARA Services, Inc. Cobb Developers Assn. Humana Inc. Kiser Permanente Medical Plan of Georgia Inc. Miller Brewing Company Mortgage Bankers Association of Georgia Georgia Association of HMOS Georgia Society of Professional Engineers Consulting Engineers Council of Georgia Cardinal Industries Inc. Georgia NR 60 Georgia Association of Educators 975 Johnson Ferry Road Suite 450 Atlanta, Georgia 30342 404/252-0700

145. Kay H. Pippin Georgia Association of Educators 142 Mitchell Street, S.W. Atlanta, Georgia 30303 404/524-4433
146. Joseph R. Parrott, Jr. ITT Rayonier 5526 D Old National Highway College Park, Georgia 30349 404/763-4747
147. Richard "Scrap" Wheeler Fulton County Board of Education 786 Cleveland Avenue S.W. Atlanta, Georgia 30315 404/763-6763
148. William Renouf REGISTERED AGENT Association Corporation of North America Georgia Equity Lenders Assn. 2175 Park Lake Drive Atlanta, Georgia 30328 404/493-8003
149. Julian Hester Community Bankers Association of Georgia 550 Pharr Road Suite 620 Atlanta, Georgia 30305 404/237-7221
150. William J. Shortt Johnson & Johnson Post Office Box 2537 Gainesville, Georgia 30503 404/532-3591
151. J.R. Cullens REGISTERED AGENT Viking Distillery Glenmore Distilleries Company State Bar of Georgia G. Heileman Brewing Company National Bank Georgia Horse Foundation Etowah Vineyards Mr. Agency of Georgia Bianchi Vineyards Barton Brands, LTD Habersham Vineyards International Barrier Corp. Box 326 Cartersville, Georgia 30120 404/382-2613

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152. Wanda Gayle Sexton Georgia Trial Lawyers 84 Peachtree Street Atlanta, Georgia 30303 404/522-8487
153. Charles L. Nowalk Georgia Trial Lawyers Association 84 Peachtree Street Atlanta, Georgia 30303 404/522-8487
154. Aubrey T. Villines, Jr. REGISTERED AGENT Georgia Chiropractic Association Georgia Trial Lawyers Association Association for Marriage & Family Therapy National Association of Social Workers Georgia Chapter, Georgia Assn. for Counseling & Development Healthmaster Inc. Georgia Council of Private Rehabilitation Supplies Georgia Association of the Deaf Suite 1260 South Towers, One CNN Center Atlanta, Georgia 30303-2705 404/577-9144
155. John T. Mitchell Mercer University 1400 Coleman Street Macon, Georgia 912/744-2776
156. Thomas M. Boiler REGISTERED AGENT State Bar of Georgia SOHIO Georgians for Racing Georgia Power Company Post Office Box 8733 Atlanta, Georgia 30306 404/872-0335
157. Lorraine Shalvoy Auditory Educational Clinic 3016 Lanier Drive Atlanta, Georgia 30319 404/237-6141
158. Pat Chapman REGISTERED AGENT American Home Health Care Older Women's League 3250 Memorial Drive Decatur, Georgia 30032 404/378-9786

159. John A. Williams, Jr. REGISTERED AGENT Southeast Toyota Distributors Inc. Atlanta Toyota Motorcycle Industry Council National Association of Motor Clubs Georgia Mountain Apple Growers Association United Properties Inc. 1800 Peachtree Street Suite 355 Atlanta, Georgia 30309 404/351-0388
160. J. Emmett Henderson Georgia Council on Moral & Civic Concerns 2930 Flowers Road South Atlanta, Georgia 30341 404/449-3839
161. Hinson McAuliffe REGISTERED AGENT Georgia Council on Moral & Civil Concerns Georgia Baptist Convention 2930 Flowers Road South Atlanta, Georgia 30341 404/255-0668
162. Connie Felicia Smith Atlanta Chapter NAACP 1190 Fairburn Road Atlanta, Georgia 30331 404/349-7496
163. Mary Grambergs Georgia Electric Membership Corp. 148 International Blvd. Suite 845 Atlanta, Georgia 30043 404/659-3430
164. James R. Loyd, Sr. Georgia Tire and Retreaders Association Inc. 300 W. Wieuca Road, N.E. Suite 115 Atlanta, Georgia 30342 404/252-6282
165. Herman L. Moore Georgia Pacific Corporation 133 Peachtree Street, N.E. Atlanta, Georgia 30303 404/521-4756

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166. Bob Margolin Syntex Laboratories Inc. Post Office Box 147 Tucker, Georgia 30085 404/939-1116
167. Monty Veazey REGISTERED AGENT Georgia Not for Profit Hospitals Inc. 3M Company Post Office Box 1572 Tifton, Georgia 31793 912/386-8660
168. Ervin W. Goodroe Building Material Merchants Inc. Post Office Box 160 Austell, Georgia 30001 404/941-0223
169. Earl D. Ehrhart Georgians for Victim Justice 8456 Newman Street Douglasville, Georgia 30134 404/949-2019
170. Randall C. Schultz Cobb County Victim/Witness Assistance Unit 563 Wood Valley Drive Marietta, Georgia 30064 404/424-7179
171. Mercedes F. McKinney Georgians for Victim Justice Post Office Box 2825 Smyrna, Georgia 30081-2825
172. Laurine W. DeLay Victim/Witness Assistance Unit 2810 Phillips Road Marietta, Georgia 30064 404/426-2915
173. Judith A. James Victim/Witness Assistance Unit Cobb County 698 Grove Parkway Marietta, Georgia 30067 404/953-3881
174. L. B. Davis Cobb County Victim/Witness Assistance Unit 2787 Bentley Place Marietta, Georgia 30067
175. George A. Scott Cobb County Victim/Witness Assistance Unit 3625 Lassiter Road Marietta, Georgia 30062

176. Sharon A. Mobley Georgia Grocers Association 1179 Timberland Drive Lilburn, Georgia 30247 404/934-7650
177. Laurence A. Ceminsky REGISTERED AGENT Cobb County Victim/Witness Assistance Unit Georgia Association of Convenience Stores 277 Powder Springs Street Marietta, Georgia 30064
178. Gayle Hughes Georgia Womens Forum 4654 Roby Road Stone Mountain, Georgia 30083 404/292-1863
179. Mary Frances Williams Child Service & Family Counseling Center Inc. 1105 West Peachtree Street Atlanta, Georgia 30309 404/873-6916
180. William Holland REGISTERED AGENT Mental Health Association of Georgia Residential Services Coalition 100 Edgewood Avenue Suite 502 Atlanta, Georgia 30303 404/527-7184
181. Milton Chaikin Georgia Alliance for the Mental 111 1390 DeClair Drive Atlanta, Georgia 30329 404/636-1840
182. Andrew D. Downs Business Council of Ga. 1280 South CNN Center Atlanta, Georgia 30303 404/223-2267
183. Rachel Blackstone Business Council of Ga. 1280 South CNN Center Atlanta, Georgia 30303 404/223-2267
184. Robert R. Potter State Farm Insurance Companies Post Office Box 54247 Atlanta, Georgia 30379 404/888-1756

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185. Reginald Strickland REGISTERED AGENT Georgia Property & Casualty Insurance Companies Georgia Premium Finance Assn. 3109 Crossing Park Post Office Box 129 Norcross, Georgia 30091 404/449-5610
186. Jim Morrison Georgia Wildlife Federation Post Office Box 1017 Tucker, Georgia 30085-1017 404/939-4753
187. Herb Reese REGISTERED AGENT Northside Atlanta Properties Buckhead Business Association Fulton County Economic Advisory Board Buckhead Investment Properties ARCS Development Advisory Board 3277 Roswell Road Suite 127 Atlanta, Georgia 30305 404/255-2576
188. Bryce Holcomb Georgia Soft Drink Association 848 Broad Street Suite 105 Gainesville, Georgia 30501 404/534-2935
189. Camellia A. Moore SELF 3138 Sandusky Drive Decatur, Georgia 30032 404/288-9107
190. Betsey B. Stone Christians Against Hunger In Georgia 201 Washington Street Atlanta, Georgia 30311 404/588-1458
191. Julius M. Lennard, Jr. Grand Jurors Association of Fulton County 111 Huntington Road, N.E. Atlanta, Georgia 30309 404/875-1060

192. Robert D. Sumner REGISTERED AGENT Business Council of Georgia Georgia Self Insurers Assn. Georgia Small Business Assn. Georgia Land Development Assn. 1280 South CNN Center Atlanta, Georgia 30303 404/223-2264
193. Jan Shepherd Georgia Trial Lawyers Assn. 641 Spring Street Gainesville, Georgia 30506 404/532-9589
194. Stewart Acuff Georgia State Employees Assn. Local 1985 501 Pulliam Street Suite 535 Atlanta, Georgia 30312 404/523-7884
195. Jet Toney Law-Pac of Georgia 84 Peachtree Street Suite 400 Atlanta, Georgia 30303 404/522-8487
196. Frances B. Parham League of Women Voters of Ga. 100 Edgewood Avenue Atlanta, Georgia 30303
197. James H. Williams Georgia Association of Educators 142 Mitchell Street Suite 218 Atlanta, Georgia 30303 404/524-4433
198. Cheryl Sarvis Georgia Association of Educators 142 Mitchell Street, S.W. Atlanta, Georgia 30303 404/524-4433
199. James W. McAllister REGISTERED AGENT City School Systems of Ga. PAGE 303 Waverly Way LaGrange, Georgia 30240
200. Jack Acree PAGE 3700 B Market Street Clarkston, Georgia 30021 404/292-7243

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201. Ray P. Williams REGISTERED AGENT Medical Association of Georgia Georgia Society of Ophthalmology 938 Peachtree Street Atlanta, Georgia 30309 404/876-7535
202. Richard Holder Fulton County Board of Education 786 Cleveland Avenue Atlanta, Georgia 30315 404/763-6822
203. Marvin L. Reddish Fulton County Board of Education 786 Cleveland Avenue Atlanta, Georgia 30315 404/768-3600 Ext. 802
204. James Welsh Fulton County Board of Education 786 Cleveland Avenue Atlanta, Georgia 30315 404/763-6859
205. Jack Howard Norfolk Southern Corporation 995 Spring Street Atlanta, Georgia 30303 404/529-2003
206. Charlotte Wilen Continuum Alliance for Human Development 1447 Peachtree Street Atlanta, Georgia 30309 404/873-1993
207. Gerald W. Bowling REGISTERED AGENT Georgia Municipal Association Municipal Electric Authority 100 Peachtree Street Atlanta, Georgia 30303 404/522-8510
208. L. Clifford Adams, Jr. Georgia Municipal Association Municipal Electric Authority of Georgia City of Elberton Suite 700 100 Peachtree Street Atlanta, Georgia 30303 404/522-8510

'209. Richard D. Alien, Jr. REGISTERED AGENT Georgia Municipal Association Municipal Electric Authority of Georgia Governor's Film and Videotape Advisory Board Suite 700 100 Peachtree Street Atlanta, Georgia 30303 404/522-3356
210. Elizabeth B. Duncan Ordinary Citizen Georgia Environmental Project Georgia Environmental Council 660 Elkmont Drive, N.E. Atlanta, Georgia 30306 404/876-2943
211. John F. Leak REGISTERED AGENT Central Atlanta Progress Georgia Student Finance Commission 2 Peachtree Street Atlanta, Georgia 30383 404/658-1877
212. Luke Livingston Sandoz Pharmaceutical Corporation 3307 Leeds Way Duluth, Georgia 30136 404/476-3207
213. Virgil T. Smith REGISTERED AGENT AARP Osborne Investments Life Chiropractic College Post Office Box 1471 Dalton, Georgia 30722-1471 404/278-3280
214. William F. Morie REGISTERED AGENT Georgia Automobile Dealers Association Traffic Safety Now 4000 Cumberland Parkway Atlanta, Georgia 30339 404/432-1658
215. Steven L. Levetan Georgia Association of Scrap Processors 1801 Homestead Avenue Atlanta, Georgia 30306 404/872-7159

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216. Steve L. Rutnford Georgia Residential Child Care Association Post Office Drawer 2525 304 Pierce Avenue Macon, Georgia 31210 912/742-1439
217. Linda S. Lowe REGISTERED AGENT Clients of Georgia Legal Services Program Continuum Alliance for Healthy Mothers and Children 133 Luckie Street Atlanta, Georgia 30303 404/656-6021
218. Earl Shinhoster NAACP 970 Martin Luther King Jr. Dr. Atlanta, Georgia 30314 404/688-8868
219. Linda K. DiSantis Georgia Conservancy 8615 Barnwell Road Alpharetta, Georgia 30201 404/642-4000
220. John P. Granfield SELF 5173 Northland Drive, N.E. Atlanta, Georgia 30342 404/255-7939
221. Alonza A. Bennett Alonza Bennett & Associates 890-F Gatehouse Drive Decatur, Georgia 30032
222. Albert J. Abrams Greater Macon Chamber of Commerce Post Office 169 Macon, Georgia 31298 912/741-8012
223. Suzanne C. Grace Georgia Day Care Assn. 920 Green Street Conyers, Georgia 30207 404/483-2408
224. Lynn L. White Georgia Day Care Assn. 920 Green Street Conyers, Georgia 30207 404/483-2408

225. Francis J. Mulcahy Life Insurance Company of Georgia 5780 Powers Ferry Road Atlanta, Georgia 30327-4390 404/980-5653
226. Rosalie Fitzpatrick League of Women Voters of Georgia 100 Edgewood Avenue Atlanta, Georgia 30303 404/522-8683
227. Quintel E. Howell Local 732 Amalgamated Transit Union 501 Pulliam Street Suite 350 Atlanta, Georgia 30311 404/572-0684
228. Georgianne Bearden Professional Association of Georgia Educators 3700 B Market Street Clarkston, Georgia 30021 404/292-7243
229. Judy C. Bradley PAGE 3700 B Market Street Clarkston, Georgia 30021 404/292-7243
230. John S. Yates Georgia Association of Educational Leaders Post Office Box 828 Carrollton, Georgia 30117 404/834-1914
231. Penny Calhoun Georgia Easter Seal Society 1900 Emery Street Suite 106 Atlanta, Georgia 30318 404/351-6551
232. William Verner Georgia Electric Membership Corporation 148 International Blvd. Suite 845 Atlanta, Georgia 30043
233. Phil Gates Tenneco Inc. Post Office Box 2511 Houston, Texas 77001 713/757-4118

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234. Mary G. Buckley MCI Telecommunications 400 Perimeter Center Parkway Suite 400 Atlanta, Georgia 30346 404/668-6341
235. Roy Bowen Georgia Textile Manufacturers The Hurt Building 50 Hurt Plaza Suite 985 Atlanta, Georgia 30303 404/688-0555
236. Tim Dobbs Adel Medical Corporate Properties Post Office Box 677 Adel, Georgia 31601 912/896-5521
237. Gilbert G. DuLaney Georgia County Welfare Assn. 800 Peachtree Street, Room 527 Atlanta, Georgia 30365 404/874-6094
238. M. Harris Mynatt PAGE 805 Dogwood Lane Dalton, Georgia 30720 404/226-1228
239. Harold N. Hill, Jr. REGISTERED AGENT Business Council of Georgia American Insurance Assn. 1100 Harris Tower Peachtree Center Atlanta, Georgia 30043 404/525-1100
240. Thomas C. Blaska Ross & Blaska, P.C. 37 Peachtree Street, N.E. Atlanta, Georgia 30305 404/237-2221
241. Alien L. Lacey, Jr. Georgia Farm Bureau Federation Post Office Box 7068 Macon, Georgia 31210 912/474-8411
242. Lithangia S. Robinson Georgia Retired Teachers Association 2880 Valley Heart Drive Atlanta, Georgia 30318 404/691-8720

243. Robert W. Chambers, Jr. Chambers Comm. Consulting, LTD. 215 Plum Nelly Road Athens, Georgia 30606 404/353-0353
244. Brenda H. Peele Mental Health Association 222 S. Bartow Street Cartersville, Georgia 31020 404/386-4540
245. Julianna McConnell Georgia Electric Membership Corporation 148 International Blvd. Atlanta, Georgia 30043 404/659-3430
246. Donna Marinda McLarin Georgia Electric Membership Corporation Suite 845 148 International Blvd. Atlanta, Georgia 30343 404/659-3430
247. Clark Gregory Ordinary Citizen 660 Elkmont Drive Atlanta, Georgia 30306 404/876-2943
248. M. Randolph Bundschu Georgia Association of Physician Assistants 542 Lake Michele Court Stone Mountain, Georgia 30088 404/284-GAPA
249. D. Elaine Archie Continuum 1447 Peachtree Street Suite 521 Atlanta, Georgia 30309 404/873-1993
250. Wayne Bryan AAA Georgia Motor Club 110 Spring Street Atlanta, Georgia 30367 404/875-7171
251. Robert McNeill Herring REGISTERED AGENT Campaign for a Prosperous Georgia Georgia Association of Railroad Passengers 501 Greenwood Avenue Atlanta, Georgia 30308 404/875-3767

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252. William W. Whitton International Association of Machinists & Aerospace Workers Local 709 Route 1, Box 421 Posseyville Road Bremen, Georgia 30110 404/537-3145
253. Harold W. Berryman International Association of Machinists & Aerospace Workers Local 709 6569 Malvin Drive Austell, Georgia 30001 404/948-4792
254. Carl Mason International Association of Machinists & Aerospace Workers Local 709 3790 Brookway Atlanta, Georgia 30331 404/424-2426
255. Eva K. Folse Houston County Taxpayers Assn. Post Office Box 48 Warner Robins, Georgia 31099 912/922-0002
256. Roscoe R. "Sonny" Roberts, III Houston County Taxpayers Assn. Post Office Box 48 Warner Robins, Georgia 912/923-5015
257. Lita Sue Menkin Clients of Senior Citizens Advocacy Project Post Office Box 2034 Atlanta, Georgia 30301 404/524-0051
258. Fred Kitchens Wine & Spirits Wholesalers of Georgia Inc. Suite 414 Six Piedmont Center 3525 Piedmont Road Atlanta, Georgia 30305 404/261-4518
259. Johnny Richards Fulton County School Systems 876 Cleveland Avenue, S.W. Atlanta, Georgia 30318 404/768-3600

260. J. David Alien Georgia Dental Association 705 Wetherborn Place Stone Mountain, Georgia 30083 404/981-9400
261. R. Larry Brantley Georgia Power Company 333 Piedmont Avenue Atlanta, Georgia 30302 404/526-6946
262. Priscilla D. Woolley Georgia Association of Educators B-20 Christian Drive Newnan, Georgia 30263 404/251-5215
263. Edwin B. Topmiller Georgia Sport Shooting Assn. 2328 Cortez Way Atlanta, Georgia 30319 404/636-7970
264. Robert T. Garmon Georgia Association of Educators Post Office Box 458 Dahlonega, Georgia 30533 404/864-7313
265. Edmund C. Martin Georgia School Food Service Association RFD Box 242 Gainesville, Georgia 30506 404/887-7941
266. Charles A. Wollmer Common Cause 2163 Heritage Heights Decatur, Georgia 30033
267. Thomas Alan Bauer REGISTERED AGENT Fulton County Commission United Way of Metro Atlanta 100 Edgewood Avenue Atlanta, Georgia 30303 404/527-7565
268. Benson Ham Georgia Electric Membership Corporation Suite 845 148 International Blvd. Atlanta, Georgia 30043 404/659-3430

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269. Lyn D. Paddrik Georgia Beer Wholesalers Association 3015 Piedmont Road Atlanta, Georgia 30305 404/231-4292
270. Harry W. Wilson Georgia Federation of Teachers, AFT AFL-CIO 6065 Roswell Road, N.E. Suite 722 Atlanta, Georgia 30328 404/252-6327
271. Deborah L. Sheppard Campaign for a Prosperous Georgia 1083 Austin Avenue Atlanta, Georgia 30307 404/659-5675
272. Virginia T. Fulton Georgia CWA Political Council 415 Promenade Court Marietta, Georgia 30064 404/429-4016
273. Amos A. Plante REGISTERED AGENT Exxon Company, U.S.A. Exxon Chemical Americas Post Office Box 60626 New Orleans, LA 70160 504/561-3712
274. David R. Williams Georgia Bankers Assn. 320 William Oliver Building Atlanta, Georgia 30303 404/522-1501
275. R. Eugene Holley 360 Bay Street Suite 400 Augusta, Georgia 30901 404/722-1010
276. Mary Margaret Oliver REGISTERED AGENT Georgia Council of Child Abuse Georgia Council of Magistrate Court Judges Georgia Podiatric Medical Assn. Clients of Georgia Legal Services and Atlanta Legal Aid 592 Fidelity National Bank 160 Clairmont Decatur, Georgia 30030

277. Ruth Clairborne Clearinghouse on Georgia Prisons and Jails Clients of Ga. Legal Services Atlanta Legal Aide Georgia Assn. of School Psychology Girl Scouts of Ga. 18 Fourth Street Atlanta, Georgia 30308 404/892-5122
278. Bernard Shanley Dempsey, Jr. REGISTERED AGENT Clients of Ga. Legal Services Atlanta Legal Aide 777 Cleveland Avenue Suite 202 Atlanta, Georgia 30315 404/761-5872
279. Theresa Ann Sipe American College of Nurse/Midwives 4873 Scotts Mill Way Duluth, Georgia 30136 404/447-4731
280. Herman R. Daniell Georgia Assn. of Assessing Officials 185 Washington Street Marietta, Georgia 30090-9662 404/429-3664
281. Jesse Flanigan Flanigan & Associates 3765 King Edward Trail, S.W. Atlanta, Georgia 30331
282. James M. Griffin Georgia Power Company Box 4545 Atlanta, Georgia 30302 404/526-6907
283. John D. Folds, Jr. State Farm Insurance Company 1585 Phoenix Blvd. Suite 5 Atlanta, Georgia 30349 404/996-0509
284. Dianne Rogers Brotherhood of Railway, Airline and Steamship Clerks 3225 Matador Court East Point, Georgia 30344 404/763-8401

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285. Raymond Cecil Taylor Brotherhood of Locomotive Engineers Post Office Box 9823 Columbus, Georgia 31908-9823 404/561-5419
286. John H. Thomas REGISTERED AGENT Georgia Fraternal Order of Police Georgia Burglar & Fire Alarm Association Inc. Independent Electric Contractors of Ga. Georgia Public Safety Coalition Building 2400 3000 Langford Road Norcross, Georgia 30071 404/447-4611
287. J. David Porter REGISTERED AGENT Young Democrats of America College Young Democrats of America Young Democrats of Georgia 511 Susan Creek Drive Stone Mountain, Georgia 30083 404/394-4414
288. Bill W. Gray RBN Consultants Limited 11405 Hackett Road Roswell, Georgia 30075 404/993-5148
289. Linda Gail Womack Oglethorpe Power Corporation Post Office Box 1349 Tucker, Georgia 30085-1349 404/496-7935
290. Carol Williams Hatfield Georgia Federation of Women's Clubs 2038 Surrey Lane Jonesboro, Georgia 30236 404/471-2289
291. Sam W. Doss, Jr. Georgia Federation of Hospitals Post Office Box 431 Rome, Georgia 30161 404/291-9191
292. Nelson Alien SELF 2168 Salem Road Conyers, Georgia 30208 404/922-9966

293. Joe F. Ragland Columbus Chamber of Commerce Post Office Box 1200 Columbus, Georgia 31902 404/327-1566
294. J. Brian Johnstone AT & T & Affiliated Companies 133 Peachtree Street Suite 3300 Atlanta, Georgia 30303 404/525-1034
295. Kathy Ann Greenwood REGISTERED AGENT Georgia State Bar Georgia Trial Lawyers Association 450 Capitol Avenue Atlanta, Georgia 30312 404/688-1900
296. Dereda C. Taylor REGISTERED AGENT Georgia Women's Coalition of Medical Freedom Inc. Informed Health Care Association of Georgia Inc. 1181 Melrose Drive Clarkston, Georgia 30021 404/299-2701
297. Scott Tinnon REGISTERED AGENT Health Insurance Association of America American Society of Landscape Architects Ga. Chapter Georgia Society of Anesthesiologists American Society of Interior Designers MAG Mutual Insurance Company American International Group VSP of the Southeast Inc. Financial Life Insurance Company of Georgia Georgia Health Network 1600 Gaslight Tower 235 Peachtree Street Atlanta, Georgia 30303 404/688-3330

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298. Bob William Keen REGISTERED AGENT Health Insurance Association of America American Society of Landscape Architects Ga. Chapter Georgia Society of Anesthesiologists American Society of Interior Designers MAG Mutual Insurance Company VSP of the Southeast Inc. Financial Life Insurance Company of Georgia Georgia Health Networks 1600 Gaslight Tower 235 Peachtree Street Atlanta, Georgia 30303 404/688-3330
299. Seth Vincent Chennault Alston & Bird 32 Peachtree Street Atlanta, Georgia 30335 404/586-1574
300. Mark A. Fackler Georgia Credit Union Affiliates 4 Executive Park Drive, NE Atlanta, Georgia 30329 404/320-8910
301. Arthur Joseph McClung, Jr. Georgia Power Company Post Office Box 4545 Atlanta, Georgia 30302 404/526-2212
302. Sonja E. Fitch Georgia Association of Educators 351 Snapfinger Pkwy Decatur, Georgia 30035 404/289-5867
303. Charles H. Hamblen DeKalb College Faculty Association 2564 Lake Flair Circle Atlanta, Georgia 30345 404/633-0122
304. Arthur J. Must, Jr. Common Cause 1353 N. Highland Avenue Atlanta, Georgia 30306 404/872-1776

305. John A. Blackmon REGISTERED AGENT Atlanta Convention & Visitors Bureau Staley Continental Inc. Citicorp & Affiliates The Home Depot Inc. Georgia Automobile Dealers Association US Sprint Communications Co. Georgia Hospitality and Travel Association Eastern Airlines 2400 First Atlanta Tower Atlanta, Georgia 30383 404/656-1800
306. Mary Ellen Hodges REGISTERED AGENT The Physical Therapy Association of Georgia The Hodges Corporation Suite 2129 First Atlanta Tower Atlanta, Georgia 30383 404-525-2212
307. Cheatham E. Hodges, Jr. REGISTERED AGENT Georgia Catholic Conference Association of Private College & Universities in Ga. Suite 2129 First Atlanta Tower Atlanta, Georgia 30383 404/525-2212
308. Doris Collins VanHoozer The Atlanta Alzheimers Chapter ADRA 3320 Chestnut Drive Atlanta, Georgia 404/451-1300
309. Donald Derrico Cardinal Industries Inc. 4601 Welcome All Road College Park, Georgia 30080 404/768-8102
310. John David Elliott Aaron Bonding Company Bonding Interests Post Office Box 348 Athens, Georgia 30603 404/353-3190

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311. Eugene Roberts Amalgamated Union 2200 Summit Building Atlanta, Georgia 30319 404/294-3120
312. Susan R. Creel Georgia C.W.A. Political Council Post Office Box 2566 Columbus, Georgia 31902 404/323-0516
313. G. Wayne Johnson Communications Workers of America Post Office Box 2080 Stone Mountain, Georgia 30087
314. Percy T. Marchman Georgia Association Property & Casualty Insurance Companies 1746 Northeast Expressway Suite 200 Atlanta, Georgia 30329 404/633-2480
315. Connell Stafford The Coca-Cola Company Atlanta, Georgia 30301 404/676-2652
316. Lauren C. Steele The Coca-Cola Company One Coca Cola Place Atlanta, Georgia 30301 404/676-2510
317. Richard J. Burrell Household International 981 Guys Court Lilburn, Georgia 30247 404/972-3491
318. Jerry Hill Amoco Corporation 6 Executive Park Atlanta, Georgia 30329 404/634-2065
319. John E. Tarver REGISTERED AGENT Bank South Georgia Council on Child Abuse Atlanta Chamber of Commerce 55 Marietta Street Atlanta, Georgia 30302 404/529-4473
320. Carol Grant Muldawer City of Atlanta Mayor's Office Atlanta, Georgia 30335 404/527-7011

321. John Joseph Brannen Georgia Bankers Association 320 William Oliver Building Atlanta, Georgia 30303 404/522-1501
322. Margaret Louise Krueger SELF 5416 Buice Road Alpharetta, Georgia 30201 404/447-4807
323. William B. Wood REGISTERED AGENT Citicorp & Affiliates Atlanta Convention & Visitors Bureau Georgia Hospitality & Travel Association Georgia Automobile Dealers Association U S Sprint Communications Company The Home Depot, Inc. Staley Continental, Inc. 2400 First Atlanta Tower Atlanta, Georgia 30383 404/656-1867
324. Wilton Hill Georgia School Bus Drivers Association Post Office Box 158 Reidsville, Georgia 30453 912/557-4201
325. Vernon W. Stone SELF 1027 Redbud Lane, S.W. Atlanta, Georgia 30311 404/696-0065
326. Alethea K. Garnett Georgia Pacific Corporation Post Office Box 105605 Atlanta, Georgia 30348 404/521-4752
327. Pat Park Gardner Georgia Psychological Association 100 Edgewood Avenue Suite 1250 Atlanta, Georgia 30303 404/688-0705

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328. H. Sidney Linton General Telephone Company of the South 1640 Powers Ferry Road Building 18, Suite 320 Atlanta, Georgia 30067 404/955-7515
329. Deborah Carolyn Donovan Dupont/Conoco/Kayo/Consol 501 Union Suite 401 Nashville, TN 37219 615/256-1400
330. Barbara Green Hill Georgia Citizens for the Arts 1404 Spring Street Atlanta, Georgia 404/873-4356
331. Clare Hill Draper, IV Alston & Bird 1200 C & S National Bank Building 35 Broad Street Atlanta, Georgia 30335 404/586-1500
332. Tim Johnson Campaign For Prosperous Georgia 1083 Austin Road, NE Atlanta, Georgia 30307 404/659-5675
333. Michael J. Schaible Marathon Petroleum Company 539 South Main Street Findlay, Ohio 45840 419/422-2121
334. Michael M. Kumpf Standard Oil Company 9040 Roswell Road Atlanta, Georgia 30338 404/641-2439
335. C.D. Ellington Apartment Owners & Managers Association 3155 Presidential Drive Atlanta, Georgia 30340 404/451-2662
336. Patrick Michael Kessing Georgia Environmental Project 136 Marietta Street Atlanta, Georgia 30303 404/521-3731

337. Robert R. King Georgia Hospitality Travel Association 148 International Blvd. Suite 625 Atlanta, Georgia 30303 404/577-9888
338. Dorothy Williams Dogwood City BPW 1228 Woodland Avenue Atlanta, Georgia 30324
339. Carol A. White Dogwood City BPW 500 Northside Circle, N.W. Apartment S-ll Atlanta, Georgia 30309 404/351-8991
340. S. Holly Bates REGISTERED AGENT Interstate Paper Corporation DeHart & Darr The Tobacco Institute 161 Spring Street Suite 812 Atlanta, Georgia 30303 404/488-1707
341. William A. Hathway Georgia Federal/Military Retire Coalition 1067 McConnell Drive Decatur, Georgia 30333 404/634-2811
342. Giles C. Fite Fleet Reserve Association 2833 Pontiac Circle Doraville, Georgia 30360 404/457-7042
343. J. H. Tow, Jr. White County Tax Commission Post Office Box 556 Cleveland, Georgia 30528 404/865-2225
344. G. Ed McGill Georgia Alcohol Association 920 Green Street Conyers, Georgia 30207 404/922-6555

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345. Judy Elaine Taylor REGISTERED AGENT Clayton County Council of PTAs Georgia PTA 6910 Doncaster Road Jonesboro, Georgia 30236 404/478-5019
346. Norris Arthur Callier, Jr. Amalgamated Transit Union Local 308 501 Pulliam Street #308 Atlanta, Georgia 30316 404/522-0684
347. Robert C. Boone Chevron U.S.A. Inc. Post Office Box 1706 Atlanta, Georgia 30301 404/984-3010
348. William A. Binns Union Camp Corporation Post Office Box 570 Savannah, Georgia 31402 912/238-7327
349. Martin C. Petersen Oilman Paper Company Post Office Box 878 St. Marys, Georgia 31558 912/882-4241
350. Kathy S. Palmer Georgia Home Economics Assn. Route 5, 169 Blue Bird Lane Ringgold, Georgia 30736 404/935-4325
351. Connie Ingalsbe Graves Georgia Nurses Association 1462 W. Peachtree Street Atlanta, Georgia 30309 404/876-4624
352. Nancy P. Schulz Georgia Nurses Association 1462 W. Peachtree Street Atlanta, Georgia 30309 404/876-4624
353. J. Griffin Doyle Fort Howard Paper Company Post Office Box 828 Rincon, Georgia 31326 912/826-2111

354. Richard Wayne Toal Communications Industry 5825 A Peachtree Corners East Norcross, Georgia 30092 404/449-6991
355. Judge Garrison Baker White County Probate Court Post Office Box 276 Cleveland, Georgia 30528 404/865-4141
356. Carol A. Jackson Superior Court Clerks Association of Georgia Post Office Box 1389 Cleveland, Georgia 30528 404/865-2613
357. Eugene Buford Westmoreland White County Commission Cleveland, Georgia 30528 404/865-2235
358. Shirl B. Darrow Georgia Environmental Council 204 Geneve Street Decatur, Georgia 30030 404/371-1670
359. W.J.B. Ball, Jr. First Georgia Bank Post Office Box 1700 Atlanta, Georgia 30370 404/581-1206
360. Preston Collins Southern Bell Telephone Company 125 Perimeter Center W Atlanta, Georgia 30346 404/391-4545
361. Teresa Nelson State Bar of Georgia 800 The Hurt Building Atlanta, Georgia 30303 404/527-8700
362. Wayne W. Oliver REGISTERED AGENT Georgia Speech-Hearing Association Georgia Society of Radiology Technologists Post Office Box 956905 Duluth, Georgia 30136 404/389-7520

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363. Dorothy P. Spence Georgia Association American Institute of Architects 1197 Peachtree Street, N.E. Atlanta, Georgia 30361 404/873-3207
364. Sarah L. Taylor Atlanta DeKalb Voters Council 1572 Hardee Street, N.E. Apartment 7D Atlanta, Georgia 30307 404/377-0821
365. Jeanne M. Spears National Head Injury Foundation of Georgia Assn. 800 Montego Way Lilburn, Georgia 30247 404/921-5755
366. William A. Bagwell Alliance of American Insurers Post Office Box 1 Gainesville, Georgia 30503 404/532-7211
367. J.D. Dennis REGISTERED AGENT Cobb Chamber of Commerce Civil Air Patrol Post Office Box COBB Marietta, Georgia 30065 404/980-2000
368. Phil Sanders Cobb Chamber of Commerce Post Office Box COBB Marietta, Georgia 30065 404/980-2000
369. Helen Pitts Smith Georgians for Victim Justice Post Office Box 2309 Savannah, Georgia 31402 912/944-4863
370. June Carol Deen American Lung Association of Georgia 2452 Spring Road Atlanta, Georgia 30080 404/434-8273
371. James L. Mynes ITT Consumer Financial Corporation 2218-6th Avenue Decatur, AL. 35601 205/353-3137

372. John Thomas Kopple Georgia Congeneration Society Southwire Company Post Office Box 1000 Carrollton, Georgia 30119 404/577-3280
373. James E. Powell REGISTERED AGENT Allison Mfg. Company Independent Dump Truckers Bulk Haulers Independent LockSmiths 112 Rock Creek Drive Canton, Georgia 30114 1/800/282-9948
374. Bob Short REGISTERED AGENT Hospital Corporation of America Bob Short and Associates Webster International 1456 Stratsfield Circle Atlanta, Georgia 30319 404/261-7016
375. L.W. Scott Mall Miller Brewing Company 2849 Paces Ferry Road Atlanta, Georgia 30334 404/434-3473
376. Edith A. Eberhart Georgia Women's Political Caucus 918 Hill Street, SE Atlanta, Georgia 30315 404/627-1969
377. Douglas Raymond Tingle Dundee Mills 301 Railroad Avenue Griffin, Georgia 30223 404/227-5581
378. Carroll Ann Lindseth Georgia League of Women Voters 2470 Alton Road, N.W. Atlanta, Georgia 30305 404/522-8683
379. Carl P. Johnson Philip Morris USA 2635 Century Parkway Suite 800 Atlanta, Georgia 404/633-0665

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380. Elizabeth Stewart Savannah Area Chamber of Commerce 301 West Broad Street Savannah, Georgia 31499 912/233-3067
381. Pamela Edds West Georgians for Victim Justice Inc. 30 Waddell Street Marietta, Georgia 30090 404/429-3191
382. Harvey Benjamin Yellin Georgians for Victim Justice Post Office Box 985 Valdosta, Georgia 31603 912/333-5157
383. Joe Powell Allison Mfg. Company Inc. Suite 710 1447 Peachtree Street Atlanta, Georgia 30309 404/892-8046
384. James Furman Fleming, Jr. DeKalb Chamber of Commerce 750 Commerce Drive Decatur, Georgia 30030 404/378-8000
385. William H. Hosch Bank South Post Office Box 4387 Atlanta, Georgia 30302 404/529-4781
386. Jennifer Mary Oldweiler Georgia Law-Pac 84 Peachtree Street Suite 400 Atlanta, Georgia 30318 404/522-8487
387. Paul D. Bolster Alston & Bird 35 Broad Street Atlanta, Georgia 30303 404/586-1610
388. Kathy T. Chaffin Georgia Press Association 1075 Spring Street, N.W. Atlanta, Georgia 30309 404/872-2467

389. Polly Finlon Hale Rehabilitation 4327 Memorial Drive Suite K Decatur, Georgia 30032 404/292-0452
390. Betty B. Sloop Georgia Supporters for the Gifted 3242 Betty Circle Decatur, Georgia 30032 404/972-3224
391. Patricia M. Smith Association for the Retarded Citizens of Georgia 2881 Elmwood Drive Smyrna, Georgia 30080 404/438-7549
392. Harold Glenn Anthony REGISTERED AGENT Traffic Safety Now Georgia Forestry Assn. Great Southern Paper Company National Bank of Georgia Georgia Federation of Hospitals, Inc. 4290 Valley Trail, N.W. Atlanta, Georgia 30339 404/435-4823
393. Susan Twilley Cobb Chamber of Commerce Post Office Box COBB Marietta, Georgia 30065-2429 404/980-2000
394. Earl T. Leonard, Jr. The Coca Cola Company Post Office Drawer 1734 Atlanta, Georgia 30301 404/676-2622
395. Tracy Daub NAACP 1190 Fairburn Road Atlanta, Georgia 30331 404/349-7496
396. Albert "Mickey" Ward Georgia Association of Physician Assistants 23 Kensington Road Avondale Estates, Georgia 30002 404/296-5698
397. Kathy Buchanan SELF 2111 Conyers Street Covington, Georgia 30209 404/786-2774

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398. Beverly J. Shoemaker SELF 2167 Blue Creek Court Conley, Georgia 30027 404/243-7710
399. S. Chris Hagin Georgia AIDS Action Committee Post Office Box 4281 Atlanta, Georgia 30302 404/873-4070
400. Thelma McKelpin Education 3269 Pamlica Drive, S.W. Atlanta, Georgia 30311 404/696-5918
401. J. Robert Benton Wine Institute 7179 Jonesboro Road Suite 200 Morrow, Georgia 30260 404/968-0485
402. William A. Travis McNeil Pharmaceutical 1444 Dallas Circle Marietta, Georgia 30064 404/424-0769
403. Daniel E. Figueroa Executive Advisory Inc. Post Office Box 5259 Atlanta, Georgia 30307 404/521-2653
AT
404. Luke R. Lassiter National Association of Industry Insurers 106 Pine Crest Drive Gumming, Georgia 30130 404/887-9605
405. Jacquelyn Harmon Saylor The League of Women Voters 142 Seventeenth Street Atlanta, Georgia 30309 404/892-2430
406. Adrienne S. Howard ATU 732 843 Virgil Street Atlanta, Georgia 30307 404/522-0684
407. John A. Helms Life Insurance Company of Georgia 4780 Powers Ferry Road Atlanta, Georgia 30348 404/980-5662

408. Robert P. Constantine, Jr. REGISTERED AGENT Health Insurance Association of America MAG Mutual Insurance Company Financial Life Insurance Company of Ga. American Society of Landscape Architects American Society of Interior Designers California Vision Service Plan American International Group 235 Peachtree Street, N.E. Suite 1600 Atlanta, Georgia 30303 404/688-3330
409. Joe W. Andrews, Jr. REGISTERED AGENT Home Builders Association of Georgia Georgia Jewelers Association Ga. Dairy Products Association Ga. Industrial Loan Assn. Cole National Corporation Georgia Association of Superior Court Clerks Georgia Tax Officials Assn. Post Office Box 801 Macon, Georgia 31202 912/743-8612
410. Robert H. Forry Troutman, Sanders, Lockerman & Ashmore 1400 Candler Building Atlanta, Georgia 30043 404/658-8042
411. Pamela W. Lightsey Georgians for Victims Justice Post Office Box 985 Valdosta, Georgia 31602 912/333-5157
412. William Hayes Brooks Georgia Congeneration Society Inc. Post Office Box 879 Newnan, Georgia 30264 404/583-2524
413. Vickie Moody Beasley Georgia Association of Homes & Services for the Aging 2719 Buford Highway Suite 213 Atlanta, Georgia 30324 404/728-0223

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414. Coy R. Johnson Lipscomb, Johnson, Miles & Ashway 112 W. Main Street Gumming, Georgia 30130 404/887-7761
415. Gay S. Colyer Atlanta Junior League 946 Winall Down Road Atlanta, Georgia 30319 404/231-4105
416. Floy A. Oliver Junior League of Atlanta Inc. 3946 Clairmont Road Atlanta, Georgia 30359 404/455-4571
417. Betty Jo L. Currie Atlanta Junior League 982 Dean Drive, N.E. Atlanta, Georgia 30327 404/355-0286
418. Cynthia Porter Brown Junior League of Atlanta 400 King Road Atlanta, Georgia 30342 404/237-9931
419. Lindy Thomas Atlanta Junior League 1165 West Conway Atlanta, Georgia 30327 404/262-2438
420. Reggie Williams Public Assembly Facilities 100 Techwood Drive Atlanta, Georgia 30303 404/681-2100
421. Jim Martin Georgia Society of CPAs 3340 Peachtree Road Atlanta, Georgia 30026 404/231-8676
422. Ginny F. McCleary Georgians for Victim Justice 3210 Indian Hills Drive Marietta, Georgia 30068 404/973-3974
423. Mary Katherine Knott Crime Victim Services 195 Holt Avenue Macon, Georgia 31204 912/745-3555

424. Jill A. Finsen American Association of Retired Persons 1909 K Street N.W. Washington, D.C. 20049 202/728-4766
425. Kathleen Mary Tomlin Christian Council of Metro Atlanta 465 Boulevard Street Atlanta, Georgia 30315 404/622-2235
426. Robert Shig Porter REGISTERED AGENT Memorial Medical Center, Inc. Provident Health Services Inc. Americare Home Health Services Americare Nursing Services Americare Medical Equipment Post Office Box 23089 Savannah, Georgia 31403 912/356-8760
427. Ron Byrd William H. Rorer, Inc. Route 9, Box 239A Ringgold, Georgia 30736 404/861-4261
428. Pearl C. Pettersen Physical Therapy Association of Georgia Inc. 2336 Eastway Road Decatur, Georgia 30033 404/982-0776
429. Thomas A. Player REGISTERED AGENT Aetna Life & Casualty Georgia State Associated Life Underwriters 75 Poplar Street Atlanta, Georgia 30303 404/681-2600
430. Milo Dakin REGISTERED AGENT AL Sports Association Inc. Law-Pac 750 Washington Avenue Suite 206 Montgomery, Alabama 36104 205/265-2158
431. Hershel W. Farmer CSX Rail Transport 1590 Marietta Boulevard Atlanta, Georgia 30312 404/352-0425

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432. Michael R. Mackenzie SELF 4380 Bowen Road Stockbridge, Georgia 30281 404/483-6542
433. Robert Lewis Scott Lederle Laboratories 5180 Peachtree Industrial Boulevard Atlanta, Georgia 30302 404/455-0320
434. Judith Ann Baird REGISTERED AGENT Aetna Georgia State Assn. of Life Underwriters 75 Poplar Street Haas Howell Building Atlanta, Georgia 30303-2122 404/681-2600
435. Wayne V. Lister The Georgia Association of Personal Care Homes 977 Ponce de Leon Avenue Atlanta, Georgia 30306 404/876-7454
436. John S. Martin, III Southern Bell Telephone Company 346 125 Perimeter Center West Atlanta, Georgia 30346 404/391-2482
437. Paul L. Hanes Anheuser-Busch Companies 84 Peachtree Street Suite 601 Atlanta, Georgia 30303 404/681-0400
438. Sally Hogsette Life of Georgia 5780 Powers Ferry Road Atlanta, Georgia 30327 404/980-5654
439. Alfred T. Pitman Georgia Federal Bank 20 Marietta Street Atlanta, Georgia 30303 404/588-7121
440. Grady Perry, Jr. Georgia League & Savings Institutions 41 Marietta Street Suite 507 Atlanta, Georgia 30303 404/577-7910

441. Debianne Villines Georgia Nurses Association 4253 English Oak Drive Doraville, Georgia 30340 404/257-2050
442. imo K. Todd Professional Insurance Agents of Georgia 1165 Northchase Pkwy Suite 140 Marietta, Georgia 30067 404/984-2033
443. D. Gordon Draves Georgians Against Smoking Pollution 8967 Black Bluff Road Cave Spring, Georgia 30124 404/777-8349
444. Maxine K. Youngblood SELF 3799 N. Stratford Road, N.E. Atlanta, Georgia 30342 404/266-8589
445. Aline D. Keller SELF Post Office Box 121 Blackshear, Georgia 31516 912/449-6528
446. Hollis M. Tinsley Georgia State Council of Machinists 504 Lake Drive Hapeville, Georgia 30354 404/766-6409
447. Joseph Criscuolo National Organization for Women 1226 Haven Brook Atlanta, Georgia 30319 404/237-6775
448. Goldy Criscuolo National Organization for Women 1226 Haven Brook Atlanta, Georgia 30319 404/237-6775
449. Alaine R. Harris National Organization for Women 124 Essex Avenue Atlanta, Georgia 30339 404/233-9800
450. Gene Dyson Business Council of Georgia 1280 S. CNN Center Atlanta, Georgia 30303 404/223-2263

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Secretary of State 214 State Capitol
Atlanta 30334
January 23, 1987
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 registered in the Docket of Legislative Appearance for the 1987 Regular Session the week of January 19, 1987, as of 3:00 p.m. this date. The list is numbered 451 through 536.
With best wishes, I am
Most sincerely,
/s/ Max Cleland
Attachments:
Received by /a/ Hamilton McWhorter, Jr.
STATE OF GEORGIA Office of Secretary of State
I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that the attached list contains the names and addresses of those persons, numbered 451 through 536, who have registered in the Docket of Legislative Appearance as of January 23, 1987, 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 23rd day of January, in the year of our Lord One Thousand Nine Hundred and eighty-seven and of the Independence of the United States of America the Two Hundred and eleventh.
/s/ Max Cleland Secretary of State
(Seal)

451. Joe H. McKenzie, Jr. Engelhard Corporation Post Office Box 37 Gordon, Georgia 31031 912/628-7206
452. Robert "Chip" Spradley, Jr.
Georgians Against Smoking Pollution 3093 Dove Way
Decatur, Georgia 30033 404/296-9526

453. Norma E. Fox REGISTERED AGENT United Way of Metro Atlanta Georgia Assn. of United Ways 100 Edgewood Avenue, N.E. ** Offi'e Box ^2
^lanta, Georgia 30371 404/527-7361

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131

454. James D. Engstrom REGISTERED AGENT United Way of Metro Atlanta Georgia Assn. of United Ways 100 Edgewood Avenue, N.E. Post Office Box 2692 Atlanta, Georgia 30371 404/872-2604
455. Julian B. Rosenthal AARP 8 Kings Walk, N.E. Atlanta, Georgia 30307 404/373-3424
456. Joseph John Rogers Procter & Gamble Mfg. Company Post Office Box 1496 Augusta, Georgia 30903 404/796-4100
457. Charles W. Bass Atlanta Gas Light Company Post Office Box 4569 Atlanta, Georgia 30302 404/572-0774
458. Howard Maxwell PAGE Box 544 Carnesville, Georgia 30521 404/384-4581
459. Joseph Slaton, Jr. PAGE Franklin County High School Carnesville, Georgia 30521 404/384-4525
460. Boyd Outz PAGE Lavonia Elementary School Hartwell Road Lavonia, Georgia 30553 404/356-8209
461. Jim F. Gurley PAGE Post Office Box 606 Bainbridge, Georgia 31717 912/246-7923
462. J. Thomas Bridges PAGE Carnesville School Carnesville, Georgia 30521 404/384-4523

463. Dan Terry PAGE 350 W. College Street Royston, Georgia 30662 404/245-9252
464. Joe E. Martin PAGE 310 North McDonough Street Decatur, Georgia 30030 404/377-6271
465. Robert Priestley PAGE 15 Wallberry Street Garden City, Georgia 31406 912/964-4489
466. Susan Steffey PAGE 136 Elm Street Gumming, Georgia 30130
404/887-7740
467. Susan Chapman PAGE Clarkesville, Georgia 30523 404/754-2915
468. Palmira Braswell PAGE Bibb County Board of Education Macon, Georgia 31213 912/741-8517
469. Peggy Appleby PAGE 600 Jones Street Elberton, Georgia 30635
470. William Greenhaw PAGE Tinsley School 709 Pierce Avenue Macon, Georgia 31204 912/745-7771
471. Martha Pennington PAGE 3700 B Market Street Clarkston, Georgia 30021 404/292-7243
472. Charles Bennett PAGE 100 West Street Bainbridge, Georgia 31717 912/246-2710

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473. D. Darnell PAGE Haralson High School Tallapoosa, Georgia 30176 912/574-5200
474. B.T. Lockett PAGE Atlanta University Atlanta, Georgia 30314 404/658-2051
475. Mary Harwell PAGE Gumming School Gumming, Georgia 30130 404/887-7749
476. R. Gordon Benson PAGE Gumming School Gumming, Georgia 30130 404/887-7749
477. Paula Gault PAGE Gumming School Gumming, Georgia 30130 404/887-7749
478. Dr. Janie Smallwood PAGE 1105 E. College Street Bainbridge, Georgia 31717 912/246-7523
479. Florence Flanders PAGE 1796 Briarlake Circle Decatur, Georgia 30033
480. Paul Robertson PAGE 926 Sixth Avenue Albany, Georgia 31701 912/432-6519
481. Dixon Glover PAGE 1240 Clairmont Road Decatur, Georgia 30345 404/325-3900
482. Patsy House PAGE Central Middle School McRae, Georgia 31055

483. Mildred Blackburn PAGE Evans Middle School Evans, Georgia 30809 404/863-2275
484. Charlie Roberts, Jr. PAGE Arnold Junior High School 2011 51st Street Columbus, Georgia 31904 404/327-5155
485. Marilyn Emmert McDonnell PAGE 2530 Wheeless Road Augusta, Georgia 30906 404/796-4985
486. Rhonda A. Bornman PAGE 2530 Wheeless Road Augusta, Georgia 30906 404/796-4985
487. Frances H. Woods PAGE Route 6 Dublin, Georgia 31021 912/272-3144
488. John Sides PAGE 160 Mclntosh Street Newnan, Georgia 404/253-1310
489. Tom Stewart PAGE 1308 Highland Avenue Dublin, Georgia 31021 912/272-5289
490. Martha Bobbitt PAGE Central Elementary School Dublin, Georgia 31021 912/272-0502
491. Karen Haggard PAGE 1213 Chennault Drive Dublin, Georgia 31021 912/272-5235
492. Holmes Cunningham PAGE Shenandoah, Georgia 30365

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133

493. Joy Gravitt PAGE 1120 Mayfield Road Alpharetta, Georgia 30201 404/993-3205
494. Thomas Riden PAGE Madison, Georgia 30650
495. Jeannie Harris PAGE Post Office Box 562 LaGrange, Georgia 30241 404/882-3221
496. Steven C. Cole PAGE Forest Avenue LaGrange, Georgia 30240 404/882-3221
497. Caryn Cole PAGE 115 E. Cannon Street LaGrange, Georgia 30240
498. Graham Green PAGE 2329 Ava Place Decatur, Georgia 30033
499. Sherry Norris PAGE 3187 Rex Road Rex, Georgia 30273 404/961-5310
500. John S. Schadl American Board of Business Professionals 1997 Bencal Drive Atlanta, Georgia 30316 404/377-6330
501. Timothy L. Ashmore Columbus Chamber of Commerce 1344 13th Avenue Columbus, Georgia 31906 404/327-1566
502. Judith Rhea Cox REGISTERED AGENT Georgia Right to Life Moral Concerns Inc. 2360 Spring Creek Road Decatur, Georgia 30033 404/325-5860

503. Donald C. Colby United Technologies/Pratt Whitney Post Office Box 9903 Columbus, Georgia 31908 404/568-5547
504. D.H. Brewer Olin Corporation Box 2896 Lake Charles, LA 70602 318/491-3434
505. Joseph Alien Parker Georgia Hospital Association North X Northwest Office Park Atlanta, Georgia 30339 404/955-0324
506. O.J. Kinard Step Forward Inc. Labor/Mental Health 203 Hardy Avenue Rome, Georgia 30161 404/234-5511
507. Gerald R. Davidson North Trace Consulting Services 120 North Trace Alpharetta, Georgia 30201 404/475-4363
508. Joseph A. Sports REGISTERED AGENT The NutraSweet Company Pearle Health Services Winston Network TDI Smokeless Tobacco Council Catrala of Georgia National Vehicle Leasing Rent to Own Dealers JSA Inc. 21 Finch Trail Atlanta, Georgia 30308 404/873-3728
509. Jack Aiken Citizens for Liberty Post Office Box 8655 Atlanta, Georgia 30306 404/876-0592
510. Martha Wren Gaines Georgia Federation Business & Professional Women 2775 N.E. Expressway W-l Atlanta, Georgia 30345 404/633-7068

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511. Sharon Macon Adams Prime Cable 1038 West Peachtree Street Atlanta, Georgia 30309 404/874-8000
512. Robert W. Waymer Cabbagetown 242 Boulevard Atlanta, Georgia 30312 404/525-6383
513. Al Squire American Federation of Teachers 374 Maynard Terrace, S.E. Atlanta, Georgia 30316 404/377-1736
514. Julianne Givens Goecke Real Property Section/State Bar of Georgia Hansell & Post Suite 500 56 Perimeter Center East Atlanta, Georgia 30346 404/399-1673
515. Vickie Anne Trifiro Graphic Communications International Union Local 96B 4 Perimeter Way #450D Atlanta, Georgia 30339 404/952-0101
516. Barbara Ann Turner Graphic Communications International Union Local 96B 4 Perimeter Way #450D Atlanta, Georgia 30339 404/952-0101
517. Wilda Ann Deaton Graphic Communications International Union Local 96B 4 Perimeter Way #450D Atlanta, Georgia 30339 404/952-0101
518. Henry E. Midura Atlanta Chapter A.D.R.D.A. 4257 Palm Springs Drive East Point, Georgia 30344 404/766-2624
519. Richard A. Guthman, Jr. National Bank of Georgia 34 Peachtree Street, N.W. Atlanta, Georgia 30303 404/584-1509

520. Ann Wells White REGISTERED AGENT Georgia Women's Political Caucus Planned Parenthood 145 Fifteenth Street #1237 Atlanta, Georgia 30361 404/881-6665
521. Rachel B. Champagne REGISTERED AGENT Metropolitan Atlanta Crime Commission Georgians for Victim Justice 100 Edgewood Avenue, Room 128 Atlanta, Georgia 30303 404/527-7652
522. Donald C. Stokes National Association of Custodial Care & Personal Care Homes, Inc. Post Office Box 310415 Atlanta, Georgia 30331 404/691-4014
523. Thomas Andrew Brown National Association of Custodial Care & Personal Care Homes, Inc. 3276 Bankhead Highway Atlanta, Georgia 30331 404/691-4014
524. Johnnie Brown National Association of Custodial Care & Personal Care Homes Inc. 3276 Bankhead Highway Atlanta, Georgia 30331 404/691-5015
525. Richard Ray Atlanta Labor Council AFL-CIO 501 Pulliam Street Suite 233 Atlanta, Georgia 30312 404/525-3559
526. Charlie Earnest Key North Georgia Building & Construction Trades Council 501 Pulliam Street Suite 225 Atlanta, Georgia 30312 404/584-0005
527. Samuel L. Harris Concerned Citizens of Atlanta 141 Harlan Road Atlanta, Georgia 30311 404/699-0721

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135

528. Bruce E. Widener REGISTERED AGENT Yancey Brothers Company Georgia Equipment Distributors Association Georgia Utility Contractors Association American Rental Association Reg. Ill Conditioned Air Association Georgia Georgia Drillers Association National Association Liveries Post Office Box 88866 Atlanta, Georgia 30356 404/393-8625
529. Laura Jean Meadows Georgia Farm Bureau Federation Post Office Box 7068 Macon, Georgia 31298 912/474-8411
530. J. Wendell Brigance Georgia Health Care Association 3735 Memorial Drive Post Office Box 36349 Decatur, Georgia 30032 404/284-8700
531. Billy L. Adams Southeastern Farm & Equipment Association 428 Academy Avenue Dublin, Georgia 31021 912/272-5400

532. Andrew Henry Griffin, Jr. Georgia Association of Educators 142 Mitchell Street, S.W. Atlanta, Georgia 30303 404/524-4433
533. Henry R. Bauer, Jr. Fulton County Suite 1500 233 Peachtree Street, N.E. Atlanta, Georgia 30303 404/588-1500
534. Catherine M. Alexander Georgia Association of Home Health Agencies 6666 Powers Ferry Road Atlanta, Georgia 30339 404/984-9704
535. Maria Carolina Suarez IBM 1360 Peachtree Street 9th Floor Atlanta, Georgia 30309 404/888-4432
536. Rodney T. Hovater IBM 223 Perimeter Center Pkwy Atlanta, Georgia 30346 404/399-1577

The following communication from His Excellency, Governor Joe Frank Harris, was received and read by the Secretary:
STATE OF GEORGIA Office of the Governor
Atlanta 30334
January 20, 1987
Honorable Zell Miller Lieutenant Governor and
President of the Senate and Members of the Senate Senate Chambers Atlanta, Georgia 30334
Dear Lieutenant Governor Miller and Members of the Senate:
I submit to you, as provided by law, the following appointments for confirmation:
Honorable Edward H. Rudert, C.P.A., of Floyd County as a member of the State Board of Accountancy, for the term of office beginning July 24, 1986 and ending June 30, 1990.
The following named persons as members of the Georgia Agricultural Exposition Authority, for the term of office beginning July 9, 1986 and ending June 30, 1990: Michael R. Howren of Bartow County; Patricia J. Steding of Gwinnett County.

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JOURNAL OF THE SENATE

Honorable Kenneth Ricket of Lowndes County as a member of the State Board of Architects, for the term of office beginning August 8, 1986 and ending March 5, 1991.
Honorable Eddie Riley Bray, A.I.A., of Bibb County as a member of the State Board of Architects, for the term of office beginning August 8, 1986 and ending August 8, 1991.
The following named persons as members of the Asbestos Licensing Board, for the term of office beginning July 1, 1986 and ending June 30, 1988: Gregory D. Artis of Fulton County; Gerald L. Spencer of DeKalb County; Lawrence S. Brown of DeKalb County; Robert M. Thomas of Fulton County.
The following named persons as members of the Asbestos Licensing Board, for the term of office beginning July 1, 1986 and ending June 30, 1990: H.T. Hudgins of DeKalb County; William H. Spain of DeKalb County; Stephen Bradley Henson of DeKalb County.
Honorable David Grant Arwood, II, of Fulton County as a member of the Georgia Auctioneers Commission, for the term of office beginning October 6, 1986 and ending August 14, 1990.
Honorable R. Curtis Brannen, Sr., of Screven County as a member of the Georgia Auctioneers Commission, for the term of office beginning October 6, 1986 and ending August 14, 1991.
The following named persons as members of the State Board of Barbers, for the term of office beginning April 14, 1986 and ending July 25, 1988: Janice Beard of Houston County; Hoyt Purser of Polk County.
The following named persons as members of the Georgia Board of Chiropractic Examiners, for the term of office beginning September 11, 1986 and ending August 20, 1989: Davis Kinney, D.C., of Dougherty County; Stanley H. Merica, D.C., of Baldwin County.
Honorable Woodrow Walker, Jr., of DeKalb County as a member of the Construction Industry Licensing Board, for the term of office beginning March 10, 1986 and ending June 30, 1987.
The following named persons as members of the Board of Corrections, for the term of office beginning September 4, 1986 and ending July 1, 1991: William R. Lance, Jr., of Hall County; H. Lyle Jones of Walker County; Thomas Joseph Campbell of Gordon County.
Honorable Ricardo Cottingham of Fulton County as a member of the Georgia State Board of Cosmetology, for the term of office beginning October 22, 1986 and ending May 1, 1989.
The following named persons as members of the Georgia State Board of Cosmetology, for the term of office beginning October 22, 1986 and ending August 9, 1989: Peggy I. Moon of Franklin County; Mary E. Brown of Fulton County.
Honorable Orange Weems of Fulton County as a member of the Georgia Board of Dentistry, for the term of office beginning September 26, 1986 and ending June 30, 1991.
Honorable John H. Ferguson of Baldwin County as a member of the Georgia Board of Dentistry, for the term of office beginning September 26, 1986 and ending August 1, 1991.
Honorable Leon A. Hargreaves, Jr., Ph.D., of Clarke County as a member of the State Board of Registration for Foresters, for the term of office beginning January 14, 1986 and ending July 1, 1990.
Honorable Claude A. McKibben of Troup County as a member of the State Board of Funeral Service, for the term of office beginning June 18, 1986 and ending February 13, 1992.
Honorable Helena Stern Solodar of Fulton County as a member of the Georgia State Board of Hearing Aid Dealers and Dispensers, for the term of office beginning October 14, 1986 and ending July 1, 1987.
The following named persons as members of the Georgia State Board of Hearing Aid

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137

Dealers and Dispensers, for the term of office beginning October 14, 1986 and ending July 1, 1988: Steven A. Fellows of Floyd County; Hoyle D. Hood of Fulton County; Sandra Henegan of Clayton County; Frank Hoffman, M.D., of Chatham County.
The following named persons as members of the Georgia State Board of Hearing Aid Dealers and Dispensers, for the term of office beginning October 14, 1986 and ending June 15, 1989: Ethan F. Staats, M.D., of Fulton County; Jimmy C. Johns of Terrell County.
The following named persons as members of the Board of Human Resources, for the term of office beginning April 16, 1986 and ending April 6, 1991: Solomon W. Walker II, of Richmond County; Robert H. Herndon of Baldwin County; James Lee Fisher, M.D., of Cobb County.
Honorable John T. Woodall of Chatham County as a member of the Board of Industry and Trade, for the term of office beginning March 20, 1986 and ending July 1, 1989.
Honorable C. Frederick Gerlach of Oconee County as a member of the Georgia Board of Landscape Architects, for the term of office beginning September 15, 1986 and ending April 1, 1989.
Honorable Charles H. Wilson, Jr., of Fulton County as a member of the Board of Medical Assistance, for the term of office beginning July 8, 1986 and ending June 30, 1990.
Honorable Richard T. de Mayo of Fulton County as a member of the Board of Medical Assistance, for the term of office beginning November 19, 1986 and ending June 30, 1987.
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 following named persons as members of the Advisory Council to the Georgia Board of Nursing, for the term of office beginning March 20, 1986 and ending September 24, 1986: Brenda Boiler Clark of Clayton County; Martha P. Cousins of Meriwether County.
The following named persons as members of the Advisory Council to the Georgia Board of Nursing, for the term of office beginning March 20, 1986 and ending September 24, 1988: Jessie S. Walker of Rockdale County; Lillo Walker Harris of Fulton County.
The following named persons as members of the Georgia Board of Nursing, for the term of office beginning March 19, 1986 and ending September 23, 1988: Cennette Fisher Jackson, Ed.D., of Cobb County; Barbara Jean McCant, R.N., of Fulton County.
Honorable Diane Young Goodrich of Glynn County as a member of the Georgia Board of Nursing, for the term of office beginning December 3, 1986 and ending September 23, 1987.
Honorable Mary Lynn Faress of Troup County as a member of the Georgia Board of Nursing, for the term of office beginning December 3, 1986 and ending September 23, 1989.
The following named persons as members of the Georgia State Board of Nursing Home Administrators, for the term of office beginning October 14, 1986 and ending December 29, 1988: William Dodd, M.D., of Bibb County; James R. Westbury of Spalding County; Paula M. Bingham of Lumpkin County; Ron Addington of Stephens County.
Honorable Myrtle A. Vickers of Coffee County as a member of the Georgia State Board of Nursing Home Administrators, for the term of office beginning October 14, 1986 and ending June 4, 1989.
The following named persons as members of the Georgia State Board of Nursing Home Administrators, for the term of office beginning October 26, 1986 and ending October 26, 1989: John S. Prickett, Jr., of DeKalb County; Wilhelmina Hall of Dougherty County.
The following named persons as members of the Georgia State Board of Occupational Therapy, for the term of office beginning November 21, 1986 and ending December 31, 1989: Saburi Imara of Fulton County; K. Ann Evans of Columbia County.

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JOURNAL OF THE SENATE

The following named persons as members of the Georgia State Board of Occupational Therapy, for the term of office beginning January 1, 1987 and ending December 31, 1990: Christine B. Doane of Cobb County; Linda C. Stephens of DeKalb County.
The following named persons as members of the State Board of Examiners in Optometry, for the term of office beginning October 15, 1986 and ending September 6, 1989: William L. Dobbs, O.D., of Newton County; L. Wayne Brown, O.D., of Carroll County.
Honorable C. Ron Cheeley of Gwinnett County as a member of the State Personnel Board, for the term of office beginning January 13, 1987 and ending January 3, 1992.
Honorable Rebecca J. Weeks of Fulton County as a member of the Georgia State Board of Physical Therapy, for the term of office beginning October 21, 1986 and ending June 30, 1989.
Honorable Carol E. Coogler, Sc.D., of Fulton County as a member of the Georgia State Board of Physical Therapy, for the term of office beginning October 21, 1986 and ending August 20, 1989.
Honorable Costelle B. Walker of DeKalb County as a member of the State Board of Postsecondary Vocational Education, for the term of office beginning April 1, 1986 and ending June 30, 1990.
The following named persons as members of the Professional Standards Commission, for the term of office beginning June 18, 1986 and ending November 19, 1986: Floyd Toth, Ph.D., of Lowndes County; Mimi Holland of Clayton County; Joe Richardson, Ph.D., of Fulton County.
The following named persons as members of the Professional Standards Commission, for the term of office beginning June 18, 1986 and ending November 19, 1988: Jerry Rochelle, Ph.D., of Whitfield County; Dandy P. Taylor of Chatham County; Josie Wills of Richmond County; Alice Klemmetsen of Cobb County; Betty Sloop, Ed.D., of DeKalb County; Joe Sears of Bacon County.
Honorable Janet B. Franzoni, Ph.D., of DeKalb County as a member of the State Board of Examiners of Psychologists, for the term of office beginning May 23, 1986 and ending January 7, 1991.
Honorable Jeffrey Melvin Brandsma, Ph.D., of Richmond County as a member of the State Board of Examiners of Psychologists, for the term of office beginning May 23, 1986 and ending March 27, 1991.
Honorable Bobby D. Moody of Newton County, as a member of the Board of Public Safety, for the term of office beginning December 3, 1986 and ending January 20, 1989.
Honorable John S. Thibadeau, Sr., of Forsyth County as a member of the Georgia Real Estate Commission, for the term of office beginning August 6, 1986 and ending January 26, 1991.
The following named persons as members of the State Board of Recreation Examiners, for the term of office beginning January 9, 1987 and ending July 1, 1989: Ronald Nix of Whitfield County; Joyce M. Buis, Ph.D., of Fulton County; Cathryn Olive Craft of Richmond County; Mary Alice Snow of Bibb County; Thomas F. Boyles of Richmond County; and Johnny Mills of Whitfield County.
The following named persons as members of the State Board of Examiners for Speech Pathology and Audiology, for the term of office beginning October 17, 1986 and ending June 24, 1989: Jeffrey A. Kunkes, M.D., of Fulton County; Jane M. Kassing of Cobb County; Carolyn W. Watkins of Gwinnett County.
The following named persons as members of the Student Finance Commission, for the term of office beginning November 17, 1986 and ending March 15, 1992: M. Yvette Miller of Fulton County; James A. Faulkner of Lumpkin County.
Honorable William B. Turner of Muscogee County as a member of the Board of Re-

MONDAY, JANUARY 26, 1987

139

gents of the University System of Georgia, for the term of office beginning June 11, 1986 and ending January 1, 1993.
Honorable Sherold Salmon of Floyd County as a member of the State Board of Registration of Used Car Dealers, for the term of office beginning May 21, 1986 and ending May 20, 1987.
The following named persons as members of the State Board of Registration of Used Car Dealers, for the term of office beginning May 21, 1986 and ending May 20, 1991: David L. Moore of Muscogee County; Reverend J.B. Robinson of Lowndes County.
Honorable Tommy Clack of DeKalb County as a member of the Veterans Service Board, for the term of office beginning April 7, 1986 and ending April 1, 1993.
Honorable Gerald Foskey of Johnson County as a member of the State Board of Veterinary Medicine, for the term of office beginning March 13, 1986 and ending June 30, 1990.
Honorable Brooks K. Glass, D.V.M., of Muscogee County as a member of the State Board of Veterinary Medicine, for the term of office beginning March 13, 1986 and ending September 16, 1990.
Honorable Leigh Boyd Ross of Floyd County as a member of the State Board of Examiners for Certification of Water and Wastewater Treatment Plant Operators and Laboratory Analysts, for the term of office beginning January 6, 1987 and ending August 17, 1990.
Honorable James W. Oxendine of Gwinnett County as a member of the State Board of Workers' Compensation, for the term of office beginning October 1, 1986 and ending May 1, 1989.
Sincerely, /s/ Joe Frank Harris
Senator Phillips of the 9th introduced the chaplain of the day, Reverend Sam Coker, pastor of the First United Methodist Church, Norcross, Georgia, who offered scripture reading and prayer.
The following resolutions of the Senate were read and adopted:
SR 31. By Senators Turner of the 8th, Kennedy of the 4th, Ragan of the 10th and others: A resolution commending the Georgia Municipal Association.
SR 35. By Senators Perry of the 7th, Echols of the 6th, Burton of the 5th and others: A resolution commending the District Governors of Rotary International Districts 690, 691, and 692 for their active support of legislation to combat the sale of illegal drugs in Georgia.
SR 36. By Senators Hudgins of the 15th and Land of the 16th: A resolution commending the outstanding young ladies of Georgia who have earned the "Girl Scout Gold Award".
SR 37. By Senator Turner of the 8th: A resolution commending and congratulating the Valdosta High School "Wildcats" Football Team.
SR 38. By Senators Kennedy of the 4th and Bryant of the 3rd: A resolution commending the Eagles Football Team of Georgia Southern College.

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SR 39. By Senators Kennedy of the 4th and Bryant of the 3rd: A resolution commending Head Coach Erk Russell of Georgia Southern College.

SR 40. By Senators Kennedy of the 4th and Bryant of the 3rd:
A resolution commending certain members of the Eagles Football Team of Georgia Southern College.

SR 42. By Senator Timmons of the llth: A resolution commending the Randolph-Clay High School boys basketball team.

SR 43. By Senator Barnes of the 33rd:
A resolution recognizing the McEachern High School Indians football team and inviting the team to the Senate.

Senator Dawkins of the 45th moved that the following bill of the Senate be withdrawn from the Senate Committee on Special Judiciary and committed to the Senate Committee on Industry and Labor:

SB 132. By Senator Dawkins of the 45th:
A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to provide for termination of dependency of a partial dependent; to change the time limits within which an appeal may be taken to the board and within which an appeal may be taken to the superior court of a final award of the board.

On the motion, the yeas were 37, nays 0; the motion prevailed, and SB 132 was withdrawn from the Senate Committee on Special Judiciary and committed to the Senate Committee on Industry and Labor.

The following local, uncontested bill of the Senate, favorably reported by the committee as listed on the Senate Local Consent Calendar, was put upon its passage:

SENATE LOCAL CONSENT CALENDAR
Monday, January 26, 1987 SIXTH LEGISLATIVE DAY (The name listed with the bill is the Senator whose district is affected by the legislation.)

SB 115 Baldwin, 29th City of LaGrange Troup County
Amends Act creating new charter; extends and increases corporate limits of city.

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

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

Those voting in the affirmative were Senators:

Albert Allgood

Baldwin Barker

Barnes Bowen

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Broun of 46th Bryant Burton Coleman Crumbley Dawkins Deal Dean Echols Edge English Fincher Foster Garner Gillis

Harris Harrison Hine Holloway Howard Hudgins Hugging Kennedy Kidd Land Langford McGill McKenzie Olmstead

Peevy Perry Phillips Ragan Ray Scott of 36th Shumake Starr Stumbaugh Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Brannon (excused) Brown of 47th (excused) Coverdell

Engram Newbill (excused)

Scott of 2nd Tate

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

The bill on the Senate Local Consent Calendar, having received the requisite constitutional majority, was passed.

Senator Kennedy of the 4th introduced Congressman Lindsay Thomas, U.S. Representative of Georgia's First District, who briefly addressed the Senate.

Senator Harrison of the 37th moved that Senator Newbill of the 56th be excused from all roll calls in the Senate today due to a death in her family.

On the motion, the yeas were 37, nays 0; the motion prevailed, and Senator Newbill of the 56th was excused from all roll calls in the Senate today due to a death in her family.

Senator Garner of the 30th moved that Senator Brannon of the 51st be excused from all Senate roll calls today and each day thereafter until he is dismissed from the hospital and returns to the Senate.

On the motion, the yeas were 35, nays 0; the motion prevailed, and Senator Brannon of the 51st was excused from all roll calls in the Senate today and will be excused each day hereafter until he is dismissed from the hospital and returns to the Senate.

SENATE CALENDAR
Monday, January 26, 1987
SIXTH LEGISLATIVE DAY
SB 4 Hancock County Superior Court change terms (Judy 25th) SB 10 Smoke Detectors provide in residential construction (AMENDMENT) (S
JUDY 32nd) SB 23 Wilkinson County Superior Court change terms (JUDY 25th) SB 33 Garbage Dumping Across State, County Lines Without Permission penalties (S
JUDY 48th)

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SB 43 Adoption when mother's affidavit on putative father not required (S JUDY 33rd)
SB 44 Magistrates' Practice of Law change provisions on restrictions (S JUDY 33rd)
SB 45 Driver Improvement Clinics maximum fees (S JUDY 33rd) SB 46 Depositions in Civil Actions other means of recording (S JUDY 33rd)

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

SB 4. By Senator Kidd of the 25th:
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 for the Superior Court of Hancock County in the Ocmulgee Judicial Circuit; to provide an effective date.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Broun of 46th Bryant Burton Crumbley Dawkins Deal Dean Echols Edge English

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

McKenzie Olmstead Peevy Perry Phillips Ragan Ray Scott of 36th Shumake Starr Stumbaugh Tolleson Turner Tysinger Walker

Those not voting were Senators:

Brannon (excused) Brown of 47th (excused) Coleman

Coverdell Engram Newbill (excused)

Scott of 2nd Tate Timmons

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

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

SB 10. By Senator Tolleson of the 32nd:
A bill to amend Chapter 2 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of fire and other hazards, so as to provide for placement of smoke or products of combustion detectors in new single-family and multifamily residential construction; to provide for rules and regulations.

The Senate Committee on Special Judiciary offered the following amendment:

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143

Amend SB 10 by inserting in line 14 immediately following the number "25-2-40" the following:
"(a)".

By striking the quotation mark where it appears in line 22 following the word and period "laboratory." and by adding between lines 22 and 23 the following:
"(b) Any person violating subsection (a) of this Code section by failing to comply with the requirements of said subsection shall be subject to a civil penalty not to exceed $500.00 for each such violation.' "

On the adoption of the amendment, the yeas were 39, nays 0, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Broun of 46th Bryant Burton Crumbley Dawkins Dean Echols Edge English Fincher

Foster Garner Gillis Harris Harrison Mine Holloway Howard Hudgins Huggins Kennedy Kidd Land Langford McGill

McKenzie Olmstead Phillips Ragan Ray Scott of 36th Shumake Starr Stumbaugh Tate Timmons Tolleson Turner Tysinger Walker

Those voting in the negative were Senators:

Deal

Peevy

Perry

Those not voting were Senators:

Brannon (excused) Brown of 47th (excused) Coleman

Coverdell Engram

Newbill (excused) Scott of 2nd

On the passage of the bill, the yeas were 46, nays 3.

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

SB 23. By Senator Kidd of the 25th:
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 for the Superior Court of Wilkinson County in the Ocmulgee Judicial Circuit; to provide an effective date.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Broun of 46th Bryant Burton Crumbley Dawkins Deal Dean Echols Edge English

Fincher Garner Gillis Harris Harrison Hine Holloway Howard Hudgins Huggins Kennedy Kidd Langford McGill McKenzie Olmstead

Peevy Perry Phillips Ragan Ray Scott of 36th Shumake Starr Stumbaugh Tate Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Brannon (excused) Brown of 47th (excused) Coleman

Coverdell Engram Foster

Land Newbill (excused) Scott of 2nd

On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed.

SB 33. By Senator Peevy of the 48th:
A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding local government, so as to provide for criminal penalties in certain cases where garbage, trash, waste, or refuse is transported across state or county boundaries for the purpose of dumping without permission.

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

On the passage of the 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 Bryant Burton Crumbley

Dawkins Deal Dean Echols Edge English Foster Garner Gillis Harris

Harrison Hine Holloway Howard Hudgins Huggins Kennedy Kidd Land Langford

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145

McGill McKenzie Olmstead Peevy Perry Phillips

Ragan Ray Scott of 36th Shumake Starr

Stumbaugh Tate Turner Tysinger Walker

Voting in the negative was Senator Tolleson.

Those not voting were Senators:

Brannon (excused) Brown of 47th (excused) Coleman

Coverdell Engram Fincher

Newbill (excused) Scott of 2nd Timmons

On the passage of the bill, the yeas were 46, nays 1.

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

SB 43. By Senator Barnes of the 33rd:
A bill to amend Code Section 19-8-4 of the Official Code of Georgia Annotated, relating to surrender of parental rights and related proceedings in connection with adoptions, so as to provide clearly that a mother's affidavit regarding the putative father is not required in connection with her consent to her child's adoption by her husband; to provide an effective date.

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

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

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Bowen Broun of 46th Bryant Burton Crumbley Dawkins Deal Dean Echols Edge

English Foster Garner Gillis Harris Harrison Hine Holloway Howard Huggins Kidd Land Langford McGill

McKenzie Peevy Perry Phillips Ragan Scott of 36th Shumake Starr Stumbaugh Tate Tolleson Turner Tysinger Walker

Voting in the negative were Senators Albert and Hudgins.

Those not voting were Senators:

Brannon (excused) Brown of 47th (excused) Coleman Coverdell

Engram Fincher Kennedy Newbill (excused)

Olmstead Ray Scott of 2nd Timmons

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On the passage of the bill, the yeas were 42, nays 2.

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

SB 44. By Senator Barnes of the 33rd:
A bill to amend Code Section 15-10-22 of the Official Code of Georgia Annotated, relating to the qualifications and restrictions on the practice of law for magistrates, so as to change the provisions relating to the restrictions on the practice of law.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Broun of 46th Bryant Burton Crumbley Dawkins Dean Echols Edge English Engram

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

McKenzie Olmstead
Peevy Perry Phillips Ragan Ray Scott of 36th Shumake Starr Stumbaugh Tate Tolleson Turner Tysinger Walker

Voting in the negative was Senator Deal.

Those not voting were Senators:

Brannon (excused) Brown of 47th (excused) Coleman

Coverdell Newbill (excused)

Scott of 2nd Timmons

On the passage of the bill, the yeas were 48, nays 1.
The bill, having received the requisite constitutional majority, was passed.
Senator Allgood of the 22nd moved that the Senate stand in recess from 10:55 o'clock A.M. until 11:00 o'clock A.M., the hour for the Joint Session of the Senate and House of Representatives called for the purpose of hearing an address from Dr. Henry King Stanford, interim president of the University of Georgia, and that upon dissolution of the Joint Session the Senate stand adjourned until 9:30 o'clock A.M. tomorrow; the motion prevailed.
The President appointed as an Escort Committee the following members of the Senate to escort Dr. Stanford to the chamber of the House of Representatives for the Joint Session:
Senators Gillis of the 20th, Fincher of the 54th, Kennedy of the 4th, Holloway of the 12th, Starr of the 44th, Barnes of the 33rd and Broun of the 46th.

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147

The President announced that pursuant to the motion offered by Senator Allgood of the 22nd, adopted previously, the Senate would stand in recess from 10:55 o'clock A.M. until 11:00 o'clock A.M., the hour for the Joint Session of the Senate and House called for the purpose of hearing an address from Dr. Henry King Stanford, interim president of the University of Georgia.
The hour for convening the Joint Session of the Senate and House under the provisions of SR 5 having arrived, the President, accompanied by the Secretary and the Senators, proceeded to the chamber of the House of Representatives, and the Joint Session called for the purpose of hearing an address from Dr. Henry King Stanford, interim president of the University of Georgia, as was provided for in SR 5, adopted previously, was called to order by the President of the Senate, Lieutenant Governor Zell Miler.
The Clerk of the House of Representatives read SR 5 and Honorable Thomas B. Murphy, Speaker of the House, introduced Dr. Henry King Stanford.
Dr. Stanford, interim president of the University of Georgia, addressed the members of the General Assembly, describing the many good things being accomplished by the University and setting out their plans for the future.
Senator Allgood of the 22nd moved that the Joint Session be now dissolved, and the motion prevailed.
The President of the Senate announced the Joint Session dissolved.
Serving as doctor of the day today was Dr. James Metts, of Savannah, Georgia.
Pursuant to a motion adopted previously, the Senate stood adjourned until 9:30 o'clock A.M. tomorrow.

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Senate Chamber, Atlanta, Georgia Tuesday, January 27, 1987 Seventh Legislative Day

The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called to order by the President.
Senator Barker of the 18th reported that the Journal of 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 149. By Representatives Bostick of the 138th and Carter of the 146th:
A bill to amend an Act providing for a new charter for the City of Tifton so as to change the name of the Recorder's Court of the City of Tifton to the Municipal Court of the City of Tifton.
HB 150. By Representatives Bostick of the 138th and Carter of the 146th:
A bill to provide that the homestead of each resident of the City of Tifton actually occupied by the owner as a residence and homestead, but only so long as actually occupied by the owner primarily as such, is exempted in the amount of $6,000.00 of its value from all city ad valorem taxes, except taxes levied by the City of Tifton for the payment of interest on and retirement of bonded indebtedness.
HB 153. By Representative Yeargin of the 14th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Oglethorpe County into the office of tax commissioner of Oglethorpe County so as to abolish the present mode of compensating the tax commissioner of Oglethorpe County, known as the fee system; to provide in lieu thereof an annual salary and supplement.
HB 156. By Representative Moore of the 139th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Douglas-Coffee County Industrial Authority (Res. Act No. 101; H.R. 186-572a; Ga. L. 1957, p. 568); to provide the authority for this Act.
HB 171. By Representatives Lawler of the 20th, Cooper of the 20th, Thompson of the 20th, Wilson of the 20th, Hensley of the 20th and others:
A bill to amend an Act reincorporating the City of Marietta so as to deannex and exclude certain property from the corporate limits of the city.

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149

HB 205. By Representative 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 providing for the election of the members of the Board of Education of Bleckley County from education districts and providing for other matters relative thereto; to provide the authority for this Act.
HB 206. By Representative Hudson of the 117th:
A bill to amend an Act creating the office of commissioner of Bleckley County so as to change the provisions relating to the compensation of the commissioner.
HB 207. By Representative Hudson of the 117th:
A bill to provide for the nonpartisan nomination and election of members of the Board of Education of Bleckley County upon the expiration of regular terms of office.
HB 208. By Representative 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 creating the Bleckley-Cochran Industrial Development Authority (Res. Act No. 126; H.R. 319-719; Ga. L. 1966, p. 1042); to provide the authority for this Act.
HB 183. By Representatives Greer of the 39th and Walker of the 115th:
A bill to amend Chapter 12 of Title 15 of the Official Code of Georgia Annotated, so as to change the provisions relating to the compilation and revision of jury lists; to change the procedures relating thereto; to provide procedures for the selection of trial and grand jurors through both nonmechanical methods of selection and mechanical or electronic methods of selection.
HB 37. By Representative Richardson of the 52nd:
A bill to amend Code Section 40-6-391 of the Official Code of Georgia Annotated, relating to driving under the influence of alcohol or drugs, so as to specify acts in other jurisdictions which constitute a violation of that Code section.
HB 25. By Representatives Thomas of the 69th, Chambless of the 133rd and Waldrep of the 80th:
A bill to amend Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions applicable to superior courts, so as to provide that each judge of the superior courts shall be elected by the electors of the judicial circuit in which the judge is to serve.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 170. By Senator Kidd of the 25th:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, Title 36 of the Official Code of Georgia Annotated, relating to local government, and Title 45 of the Official Code of Georgia Annotated, relating to public officers, so as to change requirements and procedures regarding the filling of vacancies in the offices of clerk of the superior court, judge of the probate court, county surveyor, and coroner.
Referred to Committee on Governmental Operations.

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SB 171. By Senator Hudgins of the 15th:
A bill to amend Article 3 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to bailments, so as to change certain provisions relating to the diligence required of a garage owner; to provide that the owner or operator of a garage or parking lot which charges a fee for the parking of motor vehicles shall be required to provide security; to provide for liability for failure to provide security.
Referred to Committee on Consumer Affairs.
SB 172. By Senator McKenzie of the 14th:
A bill to provide that the judge of the Probate Court of Taylor County shall serve as chief magistrate of the Magistrate Court of Taylor County; to provide for the term, filling of vacancies, and compensation for the office of chief magistrate; to provide for a constable; to provide for clerical assistance; to provide an effective date. Referred to Committee on Urban and County Affairs.
SB 173. By Senator Hine of the 52nd:
A bill to amend Code Section 40-5-53 of the Official Code of Georgia Annotated, relating to transmission by courts to the Department of Public Safety of suspended drivers' licenses and reports of traffic convictions, so as to provide that the twenty-five cents fee paid to court clerks for transmitting reports of traffic convictions shall, in cases where the clerk of court is compensated on a salary basis, be the property of the county or municipality operating the court unless expressly provided otherwise by local law. Referred to Committee on Urban and County Affairs (General).
SB 174. By Senator Kidd of the 25th:
A bill to amend an Act establishing a new charter for the City of Milledgeville, as amended, so as to change the corporate limits of said city. Referred to Committee on Urban and County Affairs.
SB 175. By Senator Allgood of the 22nd:
A bill to amend Title 8 of the Official Code of Georgia Annotated, relating to buildings and housing, so as to prohibit construction activity on property which contains an abandoned landfill; to provide for exceptions; to provide for a short title; to provide definitions; to require deeds to property previously used as a landfill to so indicate. Referred to Committee on Industry and Labor.
SB 176. By Senator Peevy of the 48th:
A bill to amend Code Section 36-15-9 of the Official Code of Georgia Annotated, relating to the collection of additional costs in court cases for law libraries, so as to authorize the collection of such costs in a recorder's court of a county if the county governing authority approves the charging and collecting of such costs; to provide an effective date. Referred to Committee on Special Judiciary.
SB 177. By Senators Peevy of the 48th, Edge of the 28th and Howard of the 42nd:
A bill to amend Article 9 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to regulation of gasoline marketing practices, so as to prohibit a refiner, producer, or manufacturer of automotive gasoline from opening

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151

and from directly or indirectly operating a retail service station for the retail sale of gasoline; to provide for exceptions. Referred to Committee on Special Judiciary.
SB 178. By Senator Barnes of the 33rd:
A bill to amend Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to the Peace Officers' Annuity and Benefit Fund, so as to change the definition of the term "peace officer"; to thereby authorize membership in the Peace Officers' Annuity and Benefit Fund for employees of the Department of Human Resources who are designated to investigate and apprehend delinquent and unruly children.
Referred to Committee on Retirement.
SB 179. By Senators Barnes of the 33rd, Dean of the 31st, McKenzie of the 14th and Foster of the 50th:
A bill to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to revise and make editorial corrections; to specify age limits for enrollment in general and special education; to revise applicability of compulsory attendance; to revise administration of first grade readiness; to provide for maximum class sizes to be established by the State Board of Education. Referred to Committee on Education.
SB 180. By Senators Phillips of the 9th, Burton of the 5th, Albert of the 23rd and others:
A bill to amend Chapter 18 of Title 31 of the Official Code of Georgia Annotated, relating to registration and treatment of certain disabled or injured persons, so as to include handicapped newborn persons among those who are required to be registered with the Department of Human Resources for later referral and treatment; to change the legislative intent. Referred to Committee on Human Resources.
SB 181. By Senator Bowen of the 13th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Dooly County Industrial Development Authority; to provide the authority for this Act. Referred to Committee on Urban and County Affairs.
SB 182. By Senators Bryant of the 3rd, Perry of the 7th, Phillips of the 9th and others:
A bill to amend Code Section 38-2-279 of the Official Code of Georgia Annotated, relating to the rights of public officers and employees absent on military duty as members of the organized militia or reserve forces, so as to change the provisions relative to the pay of public officers and employees while engaged in the performance of ordered military duty. Referred to Committee on Defense and Veterans Affairs.
SB 183. By Senators Garner of the 30th and Barnes of the 33rd:
A bill to amend Article 2 of Chapter 5 of Title 36 of the Official Code of Georgia Annotated, relating to government by a board of commissioners generally, so as to provide for a minimum annual salary for any chairman of a board of commissioners who works full time in the supervision, direction, and control of the administration of the affairs of a county; to provide for a greater annual salary. Referred to Committee on Governmental Operations.

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SR 41. By Senators Stumbaugh of the 55th, Kidd of the 25th, Allgood of the 22nd and others:
A resolution proposing an amendment to the Constitution so as to provide that the people of the State of Georgia shall have the power to enact or reject, by initiative, petition, statutes and amendments to statutes and amendments to the Constitution; to provide procedures and restrictions connected therewith; to provide exceptions; to provide that the provisions shall be self-executing; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Governmental Operations.
SR 44. By Senator Barnes of the 33rd:
A resolution applying to the Congress of the United States for the call of a convention for the purpose of proposing an amendment to the Constitution of the United States.
Referred to Committee on Special Judiciary.
SR 45. By Senators Langford of the 35th, Scott of the 36th, Shumake of the 39th and Engram of the 34th:
A resolution authorizing the State of Georgia, acting by and through the State Properties Commission, to enter into a lease agreement with the City of Atlanta pertaining to two described state owned tracts or parcels of property located in Fulton County, Georgia; to provide an effective date.
Referred to Committee on Public Utilities.
The following bills of the House were read the first time and referred to committees:
HB 25. By Representatives Thomas of the 69th, Chambless of the 133rd and Waldrep of the 80th:
A bill to amend Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions applicable to superior courts, so as to provide that each judge of the superior courts shall be elected by the electors of the judicial circuit in which the judge is to serve.
Referred to Committee on Judiciary.
HB 37. By Representative Richardson of the 52nd:
A bill to amend Code Section 40-6-391 of the Official Code of Georgia Annotated, relating to driving under the influence of alcohol or drugs, so as to specify acts in other jurisdictions which constitute a violation of that Code Section.
Referred to Committee on Judiciary.
HB 183. By Representatives Greer of the 39th and Walker of the 115th:
A bill to amend Chapter 12 of Title 15 of the Official Code of Georgia Annotated, so as to change the provisions relating to the compilation and revision of jury lists; to change the procedures relating thereto; to provide procedures for the selection of trial and grand jurors through both nonmechanical methods of selection and mechanical or electronic methods of selection.
Referred to Committee on Judiciary.

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153

HB 149. By Representatives Bostick of the 138th and Carter of the 146th:
A bill to amend an Act providing for a new charter for the City of Tifton so as to change the name of the Recorder's Court of the City of Tifton to the Municipal Court of the City of Tifton.
Referred to Committee on Urban and County Affairs.
HB 150. By Representatives Bostick of the 138th and Carter of the 146th:
A bill to provide that the homestead of each resident of the City of Tifton actually occupied by the owner as a residence and homestead, but only so long as actually occupied by the owner primarily as such, is exempted in the amount of $6,000.00 of its value from all city ad valorem taxes, except taxes levied by the City of Tifton for the payment of interest on and retirement of bonded indebtedness.
Referred to Committee on Urban and County Affairs.
HB 153. By Representative Yeargin of the 14th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Oglethorpe County into the office of tax commissioner of Oglethorpe County so as to abolish the present mode of compensating the tax commissioner of Oglethorpe County, known as the fee system; to provide in lieu thereof an annual salary and supplement.
Referred to Committee on Urban and County Affairs.
HB 156. By Representative Moore of the 139th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Douglas-Coffee County Industrial Authority (Res. Act No. 101; H.R. 186-572a; Ga. L. 1957, p. 568); to provide the authority for this Act.
Referred to Committee on Urban and County Affairs.
HB 171. By Representatives Lawler of the 20th, Cooper of the 20th, Thompson of the 20th, Wilson of the 20th, Hensley of the 20th and others:
A bill to amend an Act reincorporating the City of Marietta so as to deannex and exclude certain property from the corporate limits of the city.
Referred to Committee on Urban and County Affairs.
HB 205. By Representative 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 providing for the election of the members of the Board of Education of Bleckley County from education districts and providing for other matters relative thereto; to provide the authority for this Act.
Referred to Committee on Urban and County Affairs.
HB 206. By Representative Hudson of the 117th:
A bill to amend an Act creating the office of commissioner of Bleckley County so as to change the provisions relating to the compensation of the commissioner.
Referred to Committee on Urban and County Affairs.

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HB 207. By Representative Hudson of the 117th: A bill to provide for the nonpartisan nomination and election of members of the Board of Education of Bleckley County upon the expiration of regular terms of office.
Referred to Committee on Urban and County Affairs.
HB 208. By Representative 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 creating the Bleckley-Cochran Industrial Development Authority (Res. Act No. 126; H.R. 319-719, Ga. L. 1966, p. 1042); to provide the authority for this Act.
Referred to Committee on Urban and County Affairs.
The following reports of standing committees were read by the Secretary:
Mr. President:
The Committee on Banking and Finance has had under consideration the following resolutions of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SR 6. Do pass. SR 11. Do pass.
Respectfully submitted, Senator Hudgins of the 15th District, Chairman.
Mr. President:

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

SB 59. Do pass. SB 77. Do pass. SB 78. Do pass. SB 80. Do pass.

SB 109. HB 3. HB 23. HB 26. Respectfully submitted,

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

Senator Deal of the 49th District, Chairman.

Mr. President:

The Committee on Public Safety has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 150. Do pass. SB 155. Do pass.
Respectfully submitted,
Senator Bowen of the 13th District, Chairman.

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155

Mr. President:

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

SB 34. Do pass as amended.

SB 125. Do pass.

SB 100. Do pass as amended.

SB 147. Do pass.

SB 101. Do pass.

Respectfully submitted, Senator Peevy of the 48th District, Chairman.

Mr. President:

The Committee on Urban and County Affairs has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 139. Do pass.
Respectfully submitted,
Senator Turner of the 8th District, Chairman.

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

Albert Allgood Baldwin Barker Bowen Broun of 46th Bryant Burton Coleman Crumbley Dawkins Deal Dean Edge

English Fincher Foster Garner Harrison Holloway Howard Hudgins Huggins Kennedy Kidd Land Langford McGill

Newbill Olmstead Peevy Perry Phillips Ragan Ray Scott of 2nd Scott of 36th Starr Timmons Tolleson Turner Walker

Those not answering were Senators:

Barnes Brannon (excused) Brown of 47th (excused) Coverdell Echols

Engram Gillis Harris Hine McKenzie

Shumake Stumbaugh
Tate Tysinger

Senator Fincher of the 54th introduced the chaplain of the day, Dr. Billy Nimmons, pastor of the First Baptist Church, Dalton, Georgia, who offered scripture reading and prayer.

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The following resolution of the Senate was read and adopted:

SR 47. By Senator Garner of the 30th:
A resolution congratulating the Central High School Lions football team of Carrollton, Georgia.

The following local, uncontested bill of the Senate, favorably reported by the committee as listed on the Senate Local Consent Calendar, was put upon its passage:

SENATE LOCAL CONSENT CALENDAR
Tuesday, January 27, 1987 SEVENTH LEGISLATIVE DAY (The name listed with the bill is the Senator whose district is affected by the legislation.)

SB 139 McKenzie, 14th Schley County
Amends Act providing for election of Board of Commissioners of county; provides for election of chairman and members of board from districts; describes the commissioner districts; changes compensation of chairman and members of Board of Commissioners.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Bryant Burton Coverdell Crumbley Deal Echols Edge

English Fincher Foster Garner Harrison Holloway Hudgins Huggins Kennedy Kidd Langford McGill Newbill

Olmstead Peevy Perry Phillips Ragan Ray Scott of 2nd Scott of 36th Starr Tolleson Turner Tysinger Walker

Those not voting were Senators:

Brannon (excused) Broun of 46th Browns 47th (excused)

Engram Gillis Harris

McKenzie Shumake ^^

Dawkins Dean

Howard Land

Tate Timmons

On the passage of the local bill, the yeas were 39, nays 0.

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157

The bill on the Senate Local Consent Calendar, having received the requisite constitu tional majority, was passed.
SENATE CALENDAR Tuesday, January 27, 1987 SEVENTH LEGISLATIVE DAY
SB 45 Driver Improvement Clinics--maximum fees (S JUDY--33rd) SB 46 Depositions in Civil Actions--other means of recording (S JUDY--33rd) SB 3 State Employees--engage in political activities, certain conditions (GOV
OP--25th) SB 13 Primaries, Elections--write-in candidates (GOV OP--25th) SB 14 Personnel Board--establish employee assistance program for those under merit
system (GOV OP--25th) SB 25 State Buildings--provide program for art (GOV OP--25th) SB 26 Accepting or Making Political Candidate Contribution--no disclosure report
(GOV OP--25th) SB 37 Shriners--special license plates (SUBSTITUTE) (TRANS--5th) SB 57 Official Directory of State and County Officials, Officers--Secretary of State pub
lish (GOV OP--9th) SB 64 Seat Belts--required use in front seat certain vehicles (C AFF--25th) SB 70 Coroner's Training Council--change membership (GOV OP--51st) SR 12 C.W. Bradley Bridge--designate (TRANS--54th) SR 16 Governor--change term of office (GOV OP--30th)
The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:
SB 45. By Senator Barnes of the 33rd:
A bill to amend Article 4 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, the "Georgia Driver Improvement Act," so as to change the maxi mum fees which may be charged by driver improvement clinics for alcohol and drug courses, defensive driving courses, and other courses and programs.
Senator Coverdell of the 40th offered the following amendment:
Amend SB 45 by striking on page 2, line 5, the number "$75.00"
and substituting "$60.00".
On the adoption of the amendment, the yeas were 34, nays 2, 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:

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Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Broun of 46th
CCoruvmerbd"leelyl Dawkins' j)ea [ Dean Echols Edge English

Fincher Foster Garner Gillis Harrison Mine Holloway
Howard HuHuud^gli nnss Kennedy Kidd Land Langford McGill McKenzie

Newbill Olmstead Peevy Perry Phillips Ragan Ray
Scott of 2nd SQSUchoutmt aokife36th Starr Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Brannon (excused) Brown of 47th (excused) Coleman

Engram Harris

Stumbaugh Tate

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

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

SB 46. By Senator Barnes of the 33rd:
A bill to amend Code Section 9-11-30 of the Official Code of Georgia Annotated, relating to depositions in civil actions, so as to provide that if a deposition is recorded by stenographic means, then any party may at his own expense without the necessity of a court order also use any other means of recording or preserving the deposition.

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

On the passage of the 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 Bryant Burton Coverdell Crumbley Dawkins Deal Dean Echols

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

Langford McGill Newbill Olmstead Peevy Perry Phillips Ragan Ray Scott of 2nd Scott of 36th Shumake Starr Timmons Tolleson

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159

Turner

Walker

Those not voting were Senators:

Brannon (excused) Brown of 47th (excused) Coleman

Engram Harris McKenzie

Stumbaugh Tate Tysinger

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

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

SB 3. By Senator Kidd of the 25th:
A bill to amend Article 2 of Chapter 10 of Title 45 of the Official Code of Georgia Annotated, relating to conflicts of interest, so as to authorize officers and employ ees of the state to engage in political activities under certain conditions.

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

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

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Bowen Broun of 46th Bryant Coleman Dawkins Deal Dean Echols English Engram

Fincher Foster Garner Gillis Harris Hine Holloway Howard Hudgins Muggins Kennedy Kidd Langford McGill

McKenzie Olmstead Peevy Perry Ragan Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Timmons Turner Walker

Those voting in the negative were Senators:

Albert Burton Coverdell Crumbley

Edge Harrison Land Newbill

Phillips Tolleson Tysinger

Those not voting were Senators:

Brannon (excused)

Brown of 47th (excused) Tate

On the passage of the bill, the yeas were 42, nays 11.

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

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The following resolution of the Senate was read and adopted:

SR 46. By Senators Fincher of the 54th, Broun of the 46th and Kennedy of the 4th:
A resolution commending the University System of Georgia Outstanding Schol ars on Academic Recognition Day.

Senator Broun of the 46th introduced a group of Academic Scholars from the Univer sity of Georgia and Chancellor Dean Propst, who briefly addressed the Senate.

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

SB 13. 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 no person shall be eligible as a write-in candidate in a special or general primary, a special or general primary runoff, or in a special or general election runoff; to provide that no person shall be eligible as a write-in candidate in a general or special election if such person was a candidate for nom ination or election to the same office in the immediately preceding primary.

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

On the passage of the 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 Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols Edge English

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

Newbill Olmstead Peevy Perry Phillips Ragan Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Timmons Tolleson Turner Tysinger Walker

Voting in the negative was Senator Land.

Those not voting were Senators:

Brannon (excused)

Brown of 47th (excused) Tate

On the passage of the bill, the yeas were 52, nays 1.

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161

The bill, having received the requisite constitutional majority, was passed.
SB 14. By Senator Kidd of the 25th:
A bill to amend Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to personnel administration, so as to authorize the State Personnel Board in its discretion to establish an employee assistance program for employ ees of departments covered under the state merit system; to authorize the de partment to adopt and promulgate rules and regulations.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

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

Edge English Engram Fincher Foster Garner Gillis Harris Harrison Hine Holloway Hudgins Huggins Kennedy Kidd Land McGill

McKenzie Newbill Olmstead Peevy Perry Phillips Ragan Ray Scott of 2nd Scott of 36th Stumbaugh Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Brannon (excused) Howard

Langford Shumake

Starr Tate

On the passage of the bill, the yeas were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 25. By Senator Kidd of the 25th:
A bill to amend Title 8 of the Official Code of Georgia Annotated, relating to buildings and housing, so as to provide a program for art in state buildings; to provide a short title; to provide for declaration of purpose; to define certain terms; to provide for financing works of art; to provide for the art in state build ings program to be a budget item in the annual budget.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

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Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes

Bwen

,

Broun of 46th

B,,BBruroyrwtaonnnt. of 47th

Coleman

Coverdell

Crumbley

Deal

Dean

Edge

English

Engram Foster Garner Gillis Harris
Harrison Hine ,H.",,oucl,,li,owm. asv' Huggins Kennedy Land McGill McKenzie Newbill Olmstead

Peevy Perry Phillips Ragan Rav
Scott of 2nd Scott of 36th s,,^,-,h,tau"mak, e u Stumbaugh Tate Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Brannon (excused) Dawkins Echols

Fincher Howard

Kidd Langford

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

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

SB 26. By Senator Kidd of the 25th:
A bill to amend Article 2 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated as enacted by the "Ethics in Government Act," relating to campaign contributions, so as to provide that any person who accepts contributions for, makes contributions to, or makes expenditures on behalf of a candidate for state office shall not be required to file a copy of a campaign contribution disclosure report with the local election superintendent.

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

On the passage of the 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 Bryant Burton Coleman Coverdell Crumbley Dawkins Deal

Dean Echols English Engram Fincher Foster Garner Gillis Harris Harrison Holloway Hudgins Huggins Kennedy

Kidd Land McGill McKenzie Newbill Olmstead Peevy Perry Phillips Ragan Ray Scott of 2nd Scott of 36th Shumake

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163

Starr Tate Timmons

Tolleson Turner

Tysinger Walker

Those voting in the negative were Senators:

Edge

Hine

Those not voting were Senators:

Stumbaugh

Brannon (excused) Brown of 47th

Howard

Langford

On the passage of the bill, the yeas were 49, nays 3.

The bill, having received the requisite constitutional majority, was passed.
SB 37. By Senators Burton of the 5th and Harrison of the 37th:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige and special license plates, so as to authorize the issuance of special license plates to members of the Ancient Arabic Order, Nobles of the Mystic Shrine, the Shriners; to provide legislative findings; to provide for procedures and fees connected with the issuance of such special license plates.

The Senate Committee on Transportation offered the following substitute to SB 37:

A BILL
To be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige and special license plates, so as to authorize the issuance of special license plates to members of the Ancient Arabic Order, Nobles of the Mystic Shrine, the Shriners; to provide legislative findings; to authorize the issuance of spe cial license plates to volunteer firefighters; to provide for procedures and fees connected with the issuance of such special license plates; to provide for matters relative thereto; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige and special license plates, is amended by adding at the end thereof a new Code Section 40-2-78 and a new Code Section 40-2-79 to read as follows:
"40-2-78. (a) The General Assembly finds that the Ancient Arabic Order, Nobles of the Mystic Shrine, the Shriners, established a network of children's hospitals over 64 years ago which is dedicated to helping children lead happier, more productive lives and which pro vides free medical care regardless of the patient's race, religion, or relationship, or lack thereof, to a Shriner. The General Assembly further finds that the 22 Shrine hospitals spe cialize in caring for crippled and burned children and are recognized around the world as leaders in the field of children's orthopedic care and burn treatment and have cured or substantially helped over 300,000 children. The General Assembly further finds that the Shriners have spent nearly $988 million in operating such hospitals and approximately $214 million in constructing these hospitals.
(b) Motor vehicle owners who are residents of the State of Georgia and who are mem bers of the Ancient Arabic Order, Nobles of the Mystic Shrine upon application and upon full compliance with the state motor vehicle laws relating to the registration and licensing of motor vehicles and upon the payment of an additional manufacturing fee of $25.00 shall be issued a special license plate for a private passenger vehicle. The commissioner shall prepare special distinctive license plates of an appropriate design. It shall not be a requirement that

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a county name decal be affixed and displayed on licence plates issued under this Code section.
(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.
40-2-79. (a) Motor vehicle owners who are residents of the State of Georgia and who are volunteer firemen upon application and upon full compliance with the state motor vehicle laws relating to the registration and licensing of motor vehicles and upon the payment of an additional manufacturing fee of $25.00 shall be issued a special license plate for a private passenger vehicle. The commissioner shall prepare special distinctive license plates of an appropriate design. It shall not be a requirement that a county name displayed on license plates issued under this Code section.
(b) 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."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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

The report of the committee, which was favorable to the passage of the bill 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 Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols

Edge English Engram Fincher Foster Garner Gillis Harris Harrison Hine Holloway Hudgins Huggins Kennedy Kidd Land Langford

McGill McKenzie Newbill Olmstead Peevy Perry Phillips Ragan Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Turner Tysinger

Voting in the negative was Senator Shumake.

Those not voting were Senators:

Brannon (excused) Howard

Tolleson

Walker

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

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165

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

SB 57. By Senator Phillips of the 9th:
A bill to amend Article 2 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the general powers and duties of the Secretary of State, so as to require the Secretary of State to publish annually an official directory of state and county officials and officers; to provide that such directory shall also contain the names of the members of the Georgia delegation to the Congress of the United States.

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

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

Those voting in the affirmative were Senators:

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

Echols Edge English Fincher Foster Gillis Harrison Hine Holloway Hudgins Huggins Kennedy Kidd Land Langford

McGill Newbill Peevy Perry Phillips Ragan Ray Scott of 2nd Scott of 36th Shumake Tate Timmons Turner Tysinger Walker

Those voting in the negative were Senators:

Engram Garner

Harris Olmstead

Stumbaugh

Those not voting were Senators:

Brannon (excused) Howard

McKenzie Starr

Tolleson

On the passage of the bill, the yeas were 46, nays 5.

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

SB 64. By Senators Kidd of the 25th, Walker of the 43rd, English of the 21st and others:
A bill to amend Part 4 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to certain required equipment on vehicles, so as to require certain persons in certain vehicles to use seat belts; to provide a defini tion; to provide exceptions; to provide that a failure to use seat belts may not be introduced in evidence in any civil action and may not be used to diminish recov ery of damages.

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Senator Allgood of the 22nd offered the following amendment:
Amend SB 64 by striking on line 6, page 3, the numbers "$25.00", and inserting in lieu thereof the numbers "$15.00".
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 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 Barker Barnes Bowen Broun of 46th Burton Coverdell Deal Dean Edge English Engram

Fincher Foster Garner Gillis Harris Harrison Hine Holloway Kidd Land Langford

Those voting in the negative were Senators:

McGill Newbill Olmstead Perry Phillips Scott of 36th Shumake Stumbaugh Tate Tolleson Walker

Allgood Baldwin ^ CCorulemamnbtaleny Dawkins Echols

Hudgins Huggins Kennedy McKenz le Peevy Ragan

Those not voting were Senators:

Ray Scott of 2nd Starr Timmons Turner Tysinger

Brannon (excused)

Brown of 47th

Howard

On the passage of the bill, the yeas were 34, nays 19.

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

Senator Land of the 16th introduced the doctor of the day, Dr. John Watson, of Colum bus, Georgia.

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167

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

SB 70. By Senator Brannon of the 51st:
A bill to amend Article 3 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, known as "The Georgia Coroner's Training Council Act," so as to change the membership of the Georgia Coroner's Training Council; to change the provisions relating to the quorum of such council.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Broun of 46th Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols

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

McGill Newbill Olmstead Peevy Perry Phillips Ragan Ray Scott of 2nd Scott of 36th Shumake Stumbaugh Tate Turner Tysinger Walker

Those not voting were Senators:

Brannon (excused) Brown of 47th English

Howard McKenzie Starr

Timmons Tolleson

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

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

SR 12. By Senator Fincher of the 54th: A resolution designating the C. W. Bradley 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 Broun of 46th Bryant Burton Coleman

Crumbley Dawkins Deal Dean Echols

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Edge English Engram Fincher Fster Garner GHialrlirsis
Harrison Hine
Holloway Hudgins

Muggins Kennedy Kidd Land haij?f,(,)rd McGill MNecwKbeinllzie
Olmstead Peevy
Perry Phillips

Those not voting were Senators:

Brannon (excused) Brown of 47th

Coverdell Howard

Ragan Ray Scott of 2nd Scott of 36th Shumake gtarr ^Stumbaugh Tate Turner Tysinger Walker
Timmons Tolleson

On the adoption of the resolution, the yeas were 50, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
SR 16. By Senator Garner of the 30th:
A RESOLUTION
Proposing an amendment to the Constitution so as to change the term of office of the Governor; to change certain provisions relating to the election of the Governor; to change certain provisions relating to the election and term of office of the Lieutenant Governor; to change certain provisions relating to the election and term of office of other executive of ficers; 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 V, Section I of the Constitution is amended by striking Paragraphs I, II, and III in their entirety and inserting in lieu thereof new Paragraphs I, II, and III to read as follows:
"Paragraph I. Governor: term of office; compensation and allowances. There shall be a Governor who shall hold office for a term of six years and until a successor shall be chosen and qualified. A person who has held the office of Governor shall not again be eligible to be elected to that office until after the expiration of six years from the conclusion of such per son's term as Governor. The compensation and allowances of the Governor shall be as pro vided by law.
Paragraph II. Election for Governor. An election for Governor shall be held on Tuesday after the first Monday in November of 1990, and the Governor-elect shall be installed in office at the next session of the General Assembly. An election for Governor shall take place sexennially thereafter on said date unless another date be fixed by the General Assembly. Said election shall be held at the places of holding general elections in the several counties of this state, in the manner prescribed for the election of members of the General Assembly, and the electors shall be the same.
Paragraph III. Lieutenant Governor. There shall be a Lieutenant Governor, who shall hold office for a term of four years and until a successor shall be chosen and qualified. An election for Lieutenant Governor shall be held on Tuesday after the first Monday in No-

TUESDAY, JANUARY 27, 1987

169

vember of 1990, and the Lieutenant Governor-elect shall be installed in office at the next session of the General Assembly. An election for Lieutenant Governor shall take place qua drennially thereafter on said date unless another date be fixed by the General Assembly. Said election shall be held at the places of holding general elections in the several counties of this state, in the manner prescribed for the election of members of the General Assembly, and the electors shall be the same. The Lieutenant Governor shall be the President of the Senate and shall have such executive duties as prescribed by the Governor and as may be prescribed by law not inconsistent with the powers of the Governor or other provisions of this Constitution. The compensation and allowances of the Lieutenant Governor shall be as provided by law."
Section 2. Article V, Section III of the Constitution is amended by striking Paragraph I in its entirety and inserting in lieu thereof a new Paragraph I to read as follows:
"Paragraph I. Other executive officers, how elected. The Secretary of State, Attorney General, State School Superintendent, Commissioner of Insurance, Commissioner of Agri culture, and Commissioner of Labor shall be elected in the manner prescribed for the elec tion of members of the General Assembly and the electors shall be the same. Such executive officers shall be elected at the same time and hold their offices for the same term as the Lieutenant Governor."
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 change the term of office of the Governor from four years to six years?"

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 Garner of the 30th moved that SR 16 be committed to the Senate Committee on Governmental Operations.
On the motion, the yeas were 38, nays 0; the motion prevailed, and SR 16 was commit ted to the Senate Committee on Governmental Operations.
Senator Allgood of the 22nd moved that the Senate do now adjourn until 10:00 o'clock A.M. tomorrow, and the motion prevailed.
At 12:08 o'clock P.M., the President announced the Senate adjourned until 10:00 o'clock A.M. tomorrow.

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Senate Chamber, Atlanta, Georgia Wednesday, January 28, 1987 Eighth Legislative Day
The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.
Senator Ray of the 19th reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 211. By Representative Walker of the 115th: A bill to amend an Act reincorporating and providing a new charter for the City of Perry in Houston County so as to provide that the city shall have and shall be authorized to exercise all redevelopment powers and other powers which are granted or authorized to be granted to municipalities pursuant to the "Redevel opment Powers Law", Chapter 44 of Title 36 of the Official Code of Georgia Annotated, as now or hereafter amended.
HB 257. By Representative Yeargin of the 14th: A bill to amend an Act creating a Board of Commissioners of Oglethorpe County so as to change the description of Commissioner District 1.
HB 259. By Representatives Beck of the 148th, Patten of the 149th and Reaves of the 147th: A bill to provide that future school superintendents of the Lowndes County School District shall be appointed by the board of education rather than elected.
HB 260. By Representative Greene of the 130th: A bill to grant to the municipal governing authority of the City of Cuthbert ex press legislative authority to close, vacate, and convey by deed certain described real property.
HB 17. By Representatives Thomas of the 69th, Chambless of the 133rd, Pannell of the 122nd and Waldrep of the 80th: A bill to amend Article 1 of Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions affecting jails, so as to declare unlawful the possession by a jail inmate of any controlled substance, dangerous drug, ma rijuana, alcoholic beverage, gun, pistol, or weapon without the knowledge and consent of the jailer; to provide definitions.
HB 190. By Representatives Godbee of the 110th and Murphy of the 18th: A bill to amend Code Section 21-2-234 of the Official Code of Georgia Annotated, relating to filing and furnishing of lists of electors, so as to eliminate the require-

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171

ment that the registrars file a certified copy of the list of electors with the clerk of superior court.
HB 73. By Representatives Cox of the 141st, Patten of the 149th and Greene of the 130th:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions concerning torts, so as to limit the liability of goodfaith donors or gleaners of canned or perishable food, apparently fit for human consumption, to bona fide charitable or nonprofit organizations for free distribution.
HB 20. By Representatives Thomas of the 69th, Chambless of the 133rd and Waldrep of the 80th:
A bill to amend Code Section 10-8-1 of the Official Code of Georgia Annotated, relating to the creation and composition of the Economic Development Council, so as to change the membership of the Economic Development Council; to pro vide that it shall be the duty of the Governor to designate a member to represent the Business Council of Georgia, Inc.
HB 22. By Representatives Thomas of the 69th, Chambless of the 133rd and Waldrep of the 80th:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to declare unlawful the production of ma rijuana; to amend Code Section 36-32-6 of the Official Code of Georgia Anno tated, relating to the jurisdiction of municipal courts in marijuana possession cases, so as to provide that jurisdiction shall not extend to cases involving the production of marijuana.
HB 47. By Representative Ramsey of the 3rd:
A bill to amend Code Section 17-7-211 of the Official Code of Georgia Annotated, relating to the right of defendant to copies of written scientific reports which will be introduced in evidence, so as to provide that certain written scientific reports from the Georgia Bureau of Investigation shall be admissible as evidence of the truth of the test results.
HB 121. By Representatives Lawson of the 9th, Post 2, Jackson of the 9th, Post 3 and Wood of the 9th, Post 1:
A bill to amend Code Section 48-5-314 of the Official Code of Georgia Annotated, relating to the confidentiality of certain taxpayer records, so as to provide that certain materials containing information gathered by personnel of the county board of tax assessors shall not be confidential; to provide that records which are not confidential shall be subject to inspection at all times during office hours.
The House has adopted by the requisite constitutional majority the following resolution of the House:
HR 117. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd, Johnson of the 72nd and Greer of the 39th:
A resolution recognizing Clayton County as the official Home of Gone With the Wind.

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The House has passed by the requisite constitutional majority the following bill of the House:
HB 11. By Representatives Walker of the 115th and Groover of the 99th:
A bill to amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, so as to provide for an administrative offset as sessment on wages of certain employers; to provide for a method of payment and collection of assessments; to provide for rules of the Commissioner of Labor; to provide for initial assessments of employers.
The following bills of the Senate were introduced, read the first time and referred to committees:
SB 184. By Senator Huggins of the 53rd:
A bill to amend an Act creating a new charter for the Town of Linwood in Walker County, as amended, so as to change the date set for city elections; to change the manner of elections; to change the manner of selecting the clerk, mar shal, and treasurer; to change the authority of the mayor with regard to police of the town. Referred to Committee on Urban and County Affairs.
SB 185. By Senator Huggins of the 53rd:
A bill to reincorporate and provide a new charter for the City of Trenton in Dade County; to provide for related matters; to provide an effective date; to repeal a specific Act. Referred to Committee on Urban and County Affairs.
SB 186. By Senators Hudgins of the 15th and Land of the 16th:
A bill to amend an Act creating the Muscogee County School District, as amended, so as to provide for the composition of the Muscogee County Board of Education; to provide for education districts; to provide for the nonpartisan elec tion of members from education districts; to provide for terms of office; to pro vide procedures; to provide for vacancies. Referred to Committee on Urban and County Affairs.
SB 187. By Senator Dawkins of the 45th:
A bill to amend Chapter 5 of Title 29 of the Official Code of Georgia Annotated, relating to guardians of incapacitated adults, so as to authorize the State Board of Workers' Compensation to appoint guardians for certain incapacitated adults who are entitled to workers' compensation benefits where there is no duly ap pointed and qualified guardian for such incapacitated adult; to provide for limi tations on the authority of such guardians. Referred to Committee on Industry and Labor.
SB 188. By Senator Dawkins of the 45th:
A bill to amend Part 2 of Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to the method of payment of certain workers' com pensation benefits, so as to provide that the authority of guardians of certain minors or incompetent claimants appointed by the State Board of Workers' Compensation shall be limited to the administration of such workers' compensa tion benefits and the settlement of workers' compensation claims. Referred to Committee on Industry and Labor.

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173

SB 189. By Senators Dawkins of the 45th and Hine of the 52nd:
A bill to amend Article 1 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to abuse of governmental office, so as to change certain pro visions relating to receiving funds or other things of value to enforce penal laws or regulations; to authorize the solicitation or acceptance of equipment or funds by certain law enforcement officers to be used for certain law enforcement purposes. Referred to Committee on Special Judiciary.
SB 190. By Senator Dawkins of the 45th:
A bill to amend Chapter 2 of Title 34 of the Official Code of Georgia Annotated, relating to the Department of Labor, so as to provide that in connection with the maintenance of the office of the Department of Labor, the Commissioner is au thorized and empowered to lease or rent and to negotiate, execute, and adminis ter any necessary lease or rental agreement for office or other space in the cus tody of, but not occupied by, the Department of Labor. Referred to Committee on Industry and Labor.
SB 191. By Senators Foster of the 50th, Coverdell of the 40th, Deal of the 49th and others:
A bill to amend Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs and area planning and devel opment commissions, so as to provide for a program of rural economic development. Referred to Committee on Urban and County Affairs (General).
SB 192. By Senators Walker of the 43rd, Scott of the 2nd, Ray of the 19th and Gillis of the 20th:
A bill to amend Chapter 5 of Title 7 of the Official Code of Georgia Annotated, known as "The Lender Credit Card Act", so as to change the loan finance charge on lender credit cards; to provide that a person may avoid paying a loan finance charge under certain conditions. Referred to Committee on Banking and Finance.
SB 193. By Senator Timmons of the llth:
A bill to amend Code Section 47-6-42 of the Official Code of Georgia Annotated, relating to the election of members of the General Assembly to become members of the Georgia Legislative Retirement System, so as to authorize members of the General Assembly who declined membership in a public retirement system to become members of the retirement system; to authorize creditable service for certain prior service as a member of the General Assembly. Referred to Committee on Retirement.
SB 194. By Senator Deal of the 49th:
A bill to amend Code Section 15-10-20 of the Official Code of Georgia Annotated, relating to judges of magistrate courts, so as to provide that, unless otherwise provided by local law, the chief magistrate of a county shall be elected in a nonpartisan election in the same manner as state court judges are elected. Referred to Committee on Judiciary.
SB 195. By Senator Deal of the 49th:
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 magistrate courts shall have

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jurisdiction over the trial and sentencing of misdemeanor violations relating to bad checks; to provide that upon written demand of the defendant a case shall be removed to state or superior court. Referred to Committee on Judiciary.
SB 196. By Senator Deal of the 49th:
A bill to amend Code Section 9-15-14 of the Official Code of Georgia Annotated, relating to awards of attorney's fees and expenses of litigation in civil actions, so as to provide that said Code section shall not apply to proceedings in magistrate courts; to provide that when a case is appealed from the magistrate court, the appellee may seek litigation expenses incurred below if the appeal lacks substan tial justification. Referred to Committee on Judiciary.
SB 197. By Senator Deal of the 49th:
A bill to amend Code Section 15-10-23 of the Official Code of Georgia Annotated, relating to compensation of judges of the magistrate courts, so as to change pro visions relating to the minimum salaries of magistrates. Referred to Committee on Judiciary.
SB 198. By Senator Deal of the 49th:
A bill to amend Code Section 15-10-3 of the Official Code of Georgia Annotated, relating to oath and commissions of magistrates, constables, and clerks of magis trate courts, and Article 2 of Chapter 3 of Title 45 of the Official Code of Georgia Annotated, relating to commissions of public officers, so as to provide that com missions of officers of the magistrate courts shall be under the seal of the Gover nor and shall be issued by the office of the Secretary of State. Referred to Committee on Judiciary.
SB 199. By Senator Deal of the 49th:
A bill to amend Code Section 15-10-2 of the Official Code of Georgia Annotated, relating to jurisdiction of magistrate courts, so as to change the civil jurisdiction of magistrate courts by increasing the maximum amount in controversy over which such courts have jurisdiction. Referred to Committee on Judiciary.
SB 200. By Senator Deal of the 49th:
A bill to amend Code Section 15-10-41 of the Official Code of Georgia Annotated, relating to trial of civil actions in magistrate court and appeal from judgments returned in magistrate court, so as to change provisions relating to appeals from judgments of magistrate courts. Referred to Committee on Judiciary.
SB 201. By Senator Deal of the 49th:
A bill to amend Code Section 15-10-2 of the Official Code of Georgia Annotated, relating to jurisdiction of magistrate courts, so as to provide that magistrate courts shall have jurisdiction over the execution or subscribing and the accept ance of written waivers of extradition. Referred to Committee on Judiciary.
SB 202. By Senator Deal of the 49th:
A bill to amend Article 1 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts in general, so as to provide that the gov-

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175

erning authority of each county shall provide to the magistrate court of the county the personnel needed to operate an efficient court. Referred to Committee on Judiciary.
SB 203. By Senator Deal of the 49th:
A bill to amend Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to criminal offenses involving assault and battery, so as to create the new offense of battery; to provide that a person commits the offense of battery when he intentionally causes visible bodily harm or substantial bodily harm to another; to define terms; to provide for criminal penalties. Referred to Committee on Judiciary.
SB 204. By Senators Langford of the 35th, Scott of the 36th, Tate of the 38th and others:
A bill to amend an Act creating and establishing a purchasing department in certain counties of the state, as amended, so as to change the provisions relative to emergency purchases; to change the provisions relative to purchases by com petitive bids; to provide an effective date. Referred to Committee on Judiciary.
The following bills of the House were read the first time and referred to committees:
HB 11. By Representatives Walker of the 115th and Groover of the 99th:
A bill to amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, so as to provide for an administrative offset as sessment on wages of certain employers; to provide for a method of payment and collection of assessments; to provide for rules of the Commissioner of Labor; to provide for initial assessments of employers. Referred to Committee on Industry and Labor.
HB 17. By Representatives Thomas of the 69th, Chambless of the 133rd, Pannell of the 122nd and Waldrep of the 80th:
A bill to amend Article 1 of Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions affecting jails, so as to declare unlawful the possession by a jail inmate of any controlled substance, dangerous drug, ma rijuana, alcoholic beverage, gun, pistol, or weapon without the knowledge and consent of the jailer; to provide definitions. Referred to Committee on Special Judiciary.
HB 20. By Representatives Thomas of the 69th, Chambless of the 133rd and Waldrep of the 80th:
A bill to amend Code Section 10-8-1 of the Official Code of Georgia Annotated, relating to the creation and composition of the Economic Development Council, so as to change the membership of the Economic Development Council; to pro vide that it shall be the duty of the Governor to designate a member to represent the Business Council of Georgia, Inc. Referred to Committee on Economic Development and Tourism.
HB 22. By Representatives Thomas of the 69th, Chambless of the 133rd and Waldrep of the 80th:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to declare unlawful the production of ma rijuana; to amend Code Section 36-32-6 of the Official Code of Georgia Anno tated, relating to the jurisdiction of municipal courts in marijuana possession

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cases, so as to provide that jurisdiction shall not extend to cases involving the production of marijuana.
Referred to Committee on Judiciary.
HB 47. By Representative Ramsey of the 3rd:
A bill to amend Code Section 17-7-211 of the Official Code of Georgia Annotated, relating to the right of defendant to copies of written scientific reports which will be introduced in evidence, so as to provide that certain written scientific reports from the Georgia Bureau of Investigation shall be admissible as evidence of the truth of the test results. Referred to Committee on Special Judiciary.
HB 73. By Representatives Cox of the Hist, Patten of the 149th and Greene of the 130th:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions concerning torts, so as to limit the liability of goodfaith donors or gleaners of canned or perishable food, apparently fit for human consumption, to bona fide charitable or nonprofit organizations for free distribution.
Referred to Committee on Judiciary.
HB 121. By Representatives Lawson of the 9th, Jackson of the 9th and Wood of the 9th:
A bill to amend Code Section 48-5-314 of the Official Code of Georgia Annotated, relating to the confidentiality of certain taxpayer records, so as to provide that certain materials containing information gathered by personnel of the county board of tax assessors shall not be confidential; to provide that records which are not confidential shall be subject to inspection at all times during office hours. Referred to Committee on Special Judiciary.
HB 190. By Representatives Godbee of the 110th and Murphy of the 18th:
A bill to amend Code Section 21-2-234 of the Official Code of Georgia Annotated, relating to filing and furnishing of lists of electors, so as to eliminate the require ment that the registrars file a certified copy of the list of electors with the clerk of superior court.
Referred to Committee on Governmental Operations.
HB 211. By Representative Walker of the 115th:
A bill to amend an Act reincorporating and providing a new charter for the City of Perry in Houston County so as to provide that the city shall have and shall be authorized to exercise all redevelopment powers and other powers which are granted or authorized to be granted to municipalities pursuant to the "Redevel opment Powers Law," Chapter 44 of Title 36 of the Official Code of Georgia Annotated, as now or hereafter amended.
Referred to Committee on Urban and County Affairs.
HB 257. By Representative Yeargin of the 14th:
A bill to amend an Act creating a Board of Commissioners of Oglethorpe County so as to change the description of Commissioner District 1.
Referred to Committee on Urban and County Affairs.

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177

HB 259. By Representatives Beck of the 148th, Patten of the 149th and Reaves of the 147th:
A bill to provide that future school superintendents of the Lowndes County School District shall be appointed by the board of education rather than elected.

Referred to Committee on Urban and County Affairs.

HB 260. By Representative Greene of the 130th:
A bill to grant to the municipal governing authority of the City of Cuthbert ex press legislative authority to close, vacate, and convey by deed certain described real property.
Referred to Committee on Urban and County Affairs.

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

Mr. President:

The Committee on Appropriations has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 2. Do pass by substitute.
Respectfully submitted,
Senator Starr of the 44th District, Chairman.

Mr. President:

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

SB 39. Do pass as amended. SB 142. Do pass. SB 143. Do pass as amended.

SB 144. Do pass. SB 146. Do pass.

Respectfully submitted,

Senator Garner of the 30th District, Chairman.

Mr. President:

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

SB 27. Do pass by substitute.

SB 124. Do pass as amended.

SB 28. Do pass.

SB 145. Do pass.

SB 71. Do pass.

SR 7. Do pass.

SB 106. Do pass.

SR 23. Do pass.

Respectfully submitted,

Senator Kidd of the 25th District, Chairman.

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Mr. President:

The Committee on Transportation has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 118. Do pass. HB 105. 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 has instructed me to report the same back to the Senate with the following recommendations:
SB 102. Do pass. SB 123. Do pass. SB 141. 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 13. HB 109. HB 112.

Do pass. Do pass. Do pass.

HB 134. Do pass. HB 138. 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 34. By Senator Peevy of the 48th:
A bill to amend Part 1 of Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to certain privileges and confidentiality regarding certain testimony and communications of witnesses generally, so as to provide that a husband and wife shall be competent and compellable to give evidence in certain criminal proceedings.

SB 59. By Senator Garner of the 30th:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of superior courts, so as to change the terms of court for the superior courts of the Douglas Judicial Circuit; to provide an effective date.

WEDNESDAY, JANUARY 28, 1987

179

SB 77. By Senator Tysinger of the 41st:
A bill to amend Code Section 40-6-391 of the Official Code of Georgia Annotated, relating to driving under the influence of alcohol or drugs, so as to provide that convictions for violations of said Code section shall also mean convictions for violations of parallel federal laws or regulations or convictions for violations of previously existing or existing parallel laws of this or other states or convictions for the violations of ordinances adopting said Code section.
SB 78. By Senator Mine of the 52nd:
A bill to amend Code Section 10-5-22 of the Official Code of Georgia Annotated, relating to the burden of proving exemptions to securities laws and the admissibility of certified records in proceedings involving securities, so as to provide that a certificate of the Secretary of State as commissioner of securities regarding compliance or noncompliance with the securities laws shall constitute prima-facie evidence of such compliance or noncompliance and shall be admissible in civil or criminal actions.
SB 80. By Senator Hine of the 52nd:
A bill to amend Part 1 1 of Article 1 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to costs to financial institutions on judicial process, so as to provide for the reimbursement of costs incurred by financial institutions in complying with requests for the production of documents when the financial institution is not a party to the proceedings.
SB 100. By Senators Crumbley of the 17th, Starr of the 44th, Howard of the 42nd and others:
A bill to provide a pretrial review of proceedings by the Supreme Court in cases in which the death penalty is sought; to amend Article 2 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to appellate practice, so as to provide that the judgments, rulings, and orders in pretrial proceedings of a case in which the death penalty is sought shall be directly appealable as part of the pretrial review.
SB 101. By Senator Barnes of the 33rd:
A bill to amend Chapter 1 of Title 41 of the Official Code of Georgia Annotated, relating to nuisances in general, so as to provide that no publicly owned cultural facility shall become a nuisance, either public or private, as a result of changed conditions in or around the locality of such cultural facility, if such cultural facil ity has been in use for one year or more.
SB 109. By Senator Deal of the 49th:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to declare unlawful the manufacture of controlled substances without a license or registration; to provide a definition; to provide punishments.
SB 125. By Senator Kidd of the 25th:
A bill to amend Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions concerning child custody proceedings, so as to change the age at which a child shall have the right to select the parent with whom he or she desires to live.

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jj

SB 147. By Senators Peevy of the 48th, Deal of the 49th and Barnes of the 33rd:

\

A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia

Annotated, relating to juvenile proceedings, so as to change definitions; to change

the jurisdiction of the juvenile court regarding certain traffic offenses; to provide

that courts other than the juvenile court shall have original jurisdiction of per

sons under 17 years of age having drivers' licenses or permits who are accused of

committing certain traffic offenses.

SB 150. By Senators Turner of the 8th, Bowen of the 13th, Holloway of the 12th and others:

A bill to amend Article 16 of Chapter 6 of Title 40 of the Official Code of Georgia

Annotated, relating to serious traffic offenses, so as to provide that a driver who

:

unlawfully flees or attempts to elude a pursuing police vehicle or police officer

shall be guilty of a felony if such action also involves any of certain other

elements.

SB 155. By Senators Broun of the 46th, Deal of the 49th, Tolleson of the 32nd and others:

A bill to amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions relative to law enforcement officers and agencies, so

as to provide minimum monthly salaries for certain full-time peace officers; to

:;

provide for applicability; to provide for a statement of intent; to provide for con-

f.

struction; to provide an effective date.

I



SR 6. By Senator Kidd of the 25th:

A resolution proposing an amendment to the Constitution so as to provide that bills for raising or reducing revenue may originate in either house of the General Assembly; to provide for the submission of this amendment for ratification or rejection.

SR 11. By Senators Deal of the 49th and Foster of the 50th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to establish a different assessment date or assessment dates for ad valorem taxation of inventories; to provide for the submission of this amendment for ratification or rejection.

:

HB 3. By Representative Murphy of the 18th:

A bill to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to the terms of court for the superior courts of this state, so as to change the terms for the superior courts of the Tallapoosa Judicial Circuit.

HB 23. By Representatives Thomas of the 69th, Chambless of the 133rd and Waldrep of the 80th:

A bill to amend the Official Code of Georgia Annotated, so as to correct typo

graphical, stylistic, capitalization, punctuation, and other errors and omissions in

:

the Official Code of Georgia Annotated.

HB 26. By Representatives Thomas of the 69th, Chambless of the 133rd and Waldrep of the 80th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions in Title 21 of the Official Code of Georgia Annotated, and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated.

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181

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

Albert Allgood Baldwin Barker Barnes Bowen
n Brownfof 4,,7,,t,h, BBuryrtaonnt
Coleman Crumbley Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Garner Gillis
Hme HHoolwloawrday
Muggins Kennedy Kidd Land Langford McGill McKenzie

Those not answering were Senators:

Newbill Olmstead Peevy Perry Phillips
Scott ooff 23n6dth cf, umak, e
btarr Stumbaugh Timmons Tolleson Turner Tysinger Walker

Broun of 46th Coverdell

Harrison Hudgins

Ragan Tate (excused)

Senator English of the 21st introduced the chaplain of the day, Reverend M. Franklin Sasser, pastor of First Baptist Church, Twin City, Georgia, who offered scripture reading and prayer.
Senator Turner of the 8th moved that the following bill of the Senate be withdrawn from the Senate Committee on Urban and County Affairs (General) and committed to the Senate Committee on Retirement:
SB 88. By Senators Langford of the 35th, Coverdell of the 40th, Newbill of the 56th and Shumake of the 39th:
A bill to amend Code Section 31-3-2.1 of the Official Code of Georgia Annotated, relating to county boards and departments of health of counties of this state having a population of 550,000 or more, so as to provide that the Department of Human Resources shall make payments to the county governing authority of such counties to reimburse such counties for expenses incurred by them in pro viding retirement system services for certain employees.
On the motion, the yeas were 29, nays 0; the motion prevailed, and SB 88 was with drawn from the Senate Committee on Urban and County Affairs (General) and committed to the Senate Committee on Retirement.

JOURNAL OF THE SENATE
The following resolutions of the Senate and House were read and adopted:
SR 34. By Senator Broun of the 46th: A resolution commending the Athens Puppet Theatre Company.
HR 117. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd and others: A resolution recognizing Clayton County as the Official Home of Gone With the Wind.
The following local, uncontested bills of the House, favorably reported by the commit tee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR
Wednesday, January 28, 1987
EIGHTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
HB 13 Bowen, 13th City of Cordele Crisp County Continues amendment which relates to creation of Crisp County--Cordele Industrial Development Authority.
HB 109 English, 21st Jenkins County Amends Act relating to Board of Education; changes provisions relating to compensation and re-imbursement of expenses of members of Board of Edu cation.
HB 112 Timmons, llth Hudgins, 15th Chattahoochee County An Act to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in the county during designated re gistration periods as provided in O.C.G.A.
HB 134 Bowen, 13th City of Cordele Crisp County Continues amendment authorizing General Assembly to merge existing inde pendent school system of city and the existing school district in the county lying outside the corporate limits of said city into one school district co-ex tensive with the limits of said county.
HB 138 English, 21st Burke County Amends Act creating State Court of county formerly City Court of Waynesboro; changes provisions relating to fees charged and collected by clerk of court.

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183

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 Brannon Broun of 46th Brown of 47th BBuryrtaonnt
Crumbley Dawkins Deal
Dean Echols

Edge Engram Fincher Foster Garner Gillis Harris Harrison HHoinlleoway
Howard Hudgins Kennedy
Kidd Land

McGill McKenzie Newbill Olmstead Peevy p R "agan Stfcaoytt of, 36th,
Shumake Tolleson Turner
Tysinger Walker

Those not voting were Senators:

Bowen Coleman Coverdell English

Huggins Langford Phillips Scott of 2nd

Starr Stumbaugh Tate (excused) Timmons

On the passage of all the local bills, the yeas were 44, nays 0.

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

Senator Phillips of the 9th introduced the doctor of the day, Dr. Larry W. Anderson, Lilburn, Georgia.

Senator Garner of the 30th introduced the Central High School football team and coaches who were commended by SR 47, adopted previously.

Senator Shumake of the 39th moved that Senator Tate of the 38th be excused from all Senate roll calls today and each day thereafter until he is dismissed from the hospital and returns to the Senate.

On the motion, the yeas were 37, nays 0; the motion prevailed, and Senator Tate of the 38th was excused from all Senate roll calls today and will be excused each day hereafter until he is dismissed from the hospital and returns to the Senate.

Senator Turner of the 8th introduced the Valdosta High School football team and coaches who were commended by SR 37, adopted previously.

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

184

JOURNAL OF THE SENATE

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

THURSDAY, JANUARY 29, 1987

185

Senate Chamber, Atlanta, Georgia Thursday, January 29, 1987 Ninth Legislative Day
The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.
Senator Barker of the 18th reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 68. By Representatives Aiken of the 21st and Bostick of the 138th: A bill to amend Code Section 15-21-2 of the Official Code of Georgia Annotated, relating to payment of criminal fines and forfeitures into the county treasury, so as to provide that when a prosecution arising under the traffic laws of the state is originally brought in municipal court and subsequently bound over to another court, a portion of any fine or forfeiture in the case shall be paid over to the municipality.
HB 117. By Representatives Bostick of the 138th and Carter of the 146th: A bill to amend Code Section 17-7-91 of the Official Code of Georgia Annotated, relating to establishing and fixing dates for arraignment and trial, so as to pro vide that a notice of the date of arraignment shall be mailed at least ten days prior to such arraignment date.
HB 155. By Representative Greene of the 130th: A bill to amend Code Section 15-12-40 of the Official Code of Georgia Annotated, relating to jury lists, compilation and revision, and procedures, so as to change the method of selecting jurors and grand jurors in certain counties.
HB 243. By Representatives Greer of the 39th and Robinson of the 58th: A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Au thority Act of 1965", approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, so as to provide for the use of the Authority's available revenues to design and construct certain rapid transit projects beyond Phases A, B, and C of the rapid transit system.
HB 70. By Representatives Jackson of the 9th, Bostick of the 138th, Kingston of the 125th, Porter of the 119th, Carter of the 146th and others: 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 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.

186

JOURNAL OF THE SENATE

HB 283. By Representatives Pinkston of the 100th, Murphy of the 18th, Beck of the 148th and Padgett of the 86th:
A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to add additional instances wherein the Department of Banking and Finance may waive or modify any requirement to publish a notice.
The following bills of the Senate were introduced, read the first time and referred to committees:
SB 205. By Senator Dawkins of the 45th:
A bill to create the State Court of Rockdale County; to specify the location of the court; to provide jurisdiction of the court; to provide for jury trial under certain circumstances; to provide for practice and procedure; to provide terms of court; to specify costs; to specify fees; to provide for transfer of certain matters from the Superior Court of Rockdale County. Referred to Committee on Urban and County Affairs.
SB 206. By Senator Gillis of the 20th:
A bill to amend Article 10 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to fish and other seafoods and to wholesale fish dealers, so as to change the provisions relating to wholesale fish dealers' licenses; to change the annual license fees for nonresident or alien wholesale fish dealers; to repeal Code Section 27-4-74.1 of the Official Code of Georgia Annotated, relating to food fish dealers. Referred to Committee on Natural Resources.
SB 207. By Senator Barnes of the 33rd:
A bill to amend Chapter 2 of Title 51 of the Official Code of Georgia Annotated, relating to vicarious tort liability, so as to change the conditions under which an employer is liable for the torts of an independent contractor. Referred to Committee on Special Judiciary.
SB 208. By Senator Turner of the 8th:
A bill to amend Chapter 3 of Title 1 of the Official Code of Georgia Annotated, relating to laws and statutes, so as to change a definition; to amend Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, so as to delete certain provisions relating to the exercise of jurisdiction of the judge of the probate court in county matters; to continue the jurisdiction of the judge of the probate court in certain matters. Referred to Committee on Governmental Operations.
SB 209. By Senators Perry of the 7th, Ray of the 19th and Turner of the 8th:
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 five grams or more of pure cocaine, commonly known as "crack," shall constitute a crime; to provide for penalties. Referred to Committee on Judiciary.
SB 210. By Senator Kidd of the 25th:
A bill to amend Chapter 13 of Title 50 of the Official Code of Georgia Annotated, known as the "Georgia Administrative Procedure Act," so as to change the effec-

THURSDAY, JANUARY 29, 1987

187

t!

fj

tive date for rules after filing with the Secretary of State; to provide exceptions

1

for certain rules.

^

Referred to Committee on Governmental Operations.

SB 211. By Senators Deal of the 49th, Gillis of the 20th and McGill of the 24th:
A bill to amend Code Section 48-5-7.1 of the Official Code of Georgia Annotated, relating to preferential tax assessments for certain real property devoted to agri cultural purposes, so as to provide that an application for continuation of such preferential assessment upon the change in ownership of such qualified property shall be filed on or before April 1 of the tax year for which such preferential assessment shall be applicable.
Referred to Committee on Banking and Finance.

SB 212. By Senators Langford of the 35th, Scott of the 36th, Tate of the 38th and others:
A bill to amend an Act establishing a municipal court of the City of Atlanta (now a division of the State Court of Fulton County), as amended, particularly by an Act approved March 18, 1985, so as to change the provisions relating to costs for proceedings against tenants holding over; to provide an effective date.
Referred to Committee on Urban and County Affairs.

SB 213. By Senator Brannon of the 51st:

;'

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 Calhoun to ap-



propriate to HAND UP, INC., a sum not to exceed $5,000.00 per annum out of

the public funds of said city; to provide the authority for this Act.

Referred to Committee on Urban and County Affairs.

SB 214. By Senator Allgood of the 22nd:

A bill to amend Code Section 16-13-30 of the Official Code of Georgia Annotated,

relating to penalties for the possession, manufacture, distribution, etc., of con

trolled substances, so as to provide for mandatory minimum terms of imprison-

;

ment for persons who are convicted of certain crimes involving the possession or

distribution of a certain Schedule II drug commonly referred to as cocaine; to

;

provide for service of sentence in certain facilities.

Referred to Committee on Judiciary.

SB 215. By Senator Deal of the 49th:
A bill to amend Code Section 15-11-37 of the Official Code of Georgia Annotated, relating to disposition by juvenile courts of juveniles committing designated fel ony acts, so as to redefine the term "designated felony act"; to provide that a juvenile commits a designated felony act when he commits any act which would be a felony if the juvenile committing the act has twice previously been adjudi cated delinquent for acts which would have been felonies.
Referred to Committee on Judiciary.

SB 216. By Senator Kidd of the 25th:

/;

A bill to amend Code Section 7-1-620 of the Official Code of Georgia Annotated,

>

which contains definitions under the law relating to regional interstate banking,

:

so as to include Maryland and the District of Columbia within the definition of

::

"Southern Region states"; to provide an effective date.

Referred to Committee on Banking and Finance.

188

JOURNAL OF THE SENATE

The following bills of the House were read the first time and referred to committees:
HB 68. By Representatives Aiken of the 21st and Bostick of the 138th:
A bill to amend Code Section 15-21-2 of the Official Code of Georgia Annotated, relating to payment of criminal fines and forfeitures into the county treasury, so as to provide that when a prosecution arising under the traffic laws of the state is originally brought in municipal court and subsequently bound over to another court, a portion of any fine or forfeiture in the case shall be paid over to the municipality. Referred to Committee on Urban and County Affairs (General).
HB 70. By Representatives Jackson of the 9th, Bostick of the 138th, Kingston of the 125th and others:
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 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. Referred to Committee on Insurance.
HB 117. By Representative Bostick of the 138th:
A bill to amend Code Section 17-7-91 of the Official Code of Georgia Annotated, relating to establishing and fixing dates for arraignment and trial, so as to pro vide that a notice of the date of arraignment shall be mailed at least ten days prior to such arraignment date. Referred to Committee on Special Judiciary.
HB 155. By Representative Greene of the 130th:
A bill to amend Code Section 15-12-40 of the Official Code of Georgia Annotated, relating to jury lists, compilation and revision, and procedures, so as to change the method of selecting jurors and grand jurors in certain counties. Referred to Committee on Judiciary.
HB 243. By Representatives Greer of the 39th and Robinson of the 58th:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Au thority Act of 1965", as amended, so as to provide for the use of the Authority's available revenues to design and construct certain rapid transit projects beyond Phases A, B, and C of the rapid transit system. Referred to Committee on Urban and County Affairs.
HB 283. By Representatives Pinkston of the 100th, Murphy of the 18th, Beck of the 148th and Padgett of the 86th:
A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to add additional instances wherein the Department of Banking and Finance may waive or modify any requirement to publish a notice. Referred to Committee on Banking and Finance.
The following communication from Honorable Pierre Howard, Senator of the 42nd Dis trict, was read by the Secretary:

THURSDAY, JANUARY 29, 1987

189

The State Senate Atlanta

January 28, 1987

The Honorable Hamilton McWhorter Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334

Dear Hamilton:

Due to a personal commitment, I will be unable to preside at the Senate Human Re sources Committee Meeting on January 28, 1987 at 3:00 PM.

In my absence, the Vice Chairman, Ed Hine, will preside and the following bills will be discussed in committee:

SB 19 SB 36 Thank you.

SB 63 SB 98

Sincerely, /s/ Pierre Howard

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

Mr. President:

The Committee on Human Resources has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 19. Do pass.
Respectfully submitted,
Senator Hine of the 52nd District, Vice Chairman

Mr. President:

The Committee on Insurance has had under consideration the following bill of the Sen ate and has instructed me to report the same back to the Senate with the following recommendation:
SB 47. Do pass by substitute.
Respectfully submitted,
Senator Stumbaugh of the 55th District, Chairman

Mr. President:

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

SB 20. Do pass by substitute.

SB 131. Do pass.

SB 91. Do pass as amended.

HB 33. Do pass as amended.

SB 92. Do pass as amended.

190

JOURNAL OF THE SENATE

Respectfully submitted, Senator Deal of the 49th District, Chairman.

Mr. President:

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

SB 107. Do pass.

SR 33. Do pass.

SB 130. Do pass.

HR 69. Do pass.

Respectfully submitted,

Senator Gillis of the 20th District, Chairman

Mr. President:

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

SB 81. Do pass as amended.

SB 85. Do pass as amended.

SB 82. Do pass as amended.

SR 9. Do not pass.

SB 83. Do pass as amended.

HR 25. Do pass.

SB 84. Do pass.

Respectfully submitted,

Senator Holloway of the 12th District, Chairman

Mr. President:

The Committee on Special Judiciary has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 5. Do pass as amended. SB 148. Do pass as amended. SB 176. Do pass.
Respectfully submitted,
Senator Peevy of the 48th District, Chairman

Mr. President:

The Committee on Transportation has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 160. Do pass as amended.
Respectfully submitted,
Senator Coleman of the 1st District, Chairman

Mr. President:

The Committee on Urban and County Affairs has had under consideration the following

THURSDAY, JANUARY 29, 1987

191

bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 172. Do pass. SB 174. Do pass.

HB 64. Do pass. HB 259. Do pass.

SB 181. 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 27. By Senator Kidd of the 25th:
A bill to amend Chapter 4 of Title 21 of the Official Code of Georgia Annotated, known as the "Public Officers Recall Act," so as to change the definitions of cer tain terms; to provide that applications for recall petitions shall be numbered; to require election superintendents to maintain records of applications for recall pe titions; to provide time limitations on when applications for recall petitions may be accepted for verification.

SB 28. By Senator Kidd of the 25th:
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 state employee injured in the line of duty shall be entitled to his regular compensation for the period of time that any such state employee is physically unable to perform the duties of his employment.

SB 39. By Senator Timmons of the llth:
A bill to amend Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to pardons, paroles, and other relief of persons convicted of crimes, so as to provide that costs of medical services may be included in the reimbursement paid by the State Board of Pardons and Paroles to counties for costs of incarceration of persons arrested pursuant to warrants of the board.

SB 71. By Senator Brannon of the 51st:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that the names of write-in candidates for whom the notice of intention of candidacy has not been provided in compliance with other provisions of law shall not be counted, tabulated, or certified; to provide an effec tive date.

SB 102. By Senator Barnes of the 33rd:
A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to counties in general, so as to authorize the governing authority of any county to provide, and to expend county funds for the provision of, health insur ance, life insurance, disability insurance, liability insurance, retirement and pen sion coverage, and other similar or related employment benefits for elected county officers and the personnel thereof.

SB 106. By Senator Kidd of the 25th:
A bill to amend Code Section 15-16-20 of the Official Code of Georgia Annotated, relating to the minimum annual salaries of sheriffs, so as to change the minimum annual salaries of the sheriffs; to provide an effective date.

192

JOURNAL OF THE SENATE

SB 118. By Senators Coleman of the 1st, Huggins of the 53rd and Bryant of the 3rd:
A bill to amend Code Section 32-3-1 of the Official Code of Georgia Annotated, relating to the acquisition of property or an interest therein for public road and other transportation purposes, so as to define when property or an interest therein may be acquired for future public road purposes; to provide an effective date.
SB 123. By Senators Turner of the 8th, McKenzie of the 14th, Burton of the 5th and others:
A bill to amend Article 3 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to the Georgia Residential Finance Authority, so as to change legislative findings; to expand residential conservation purposes qualify ing for financial assistance; to change the definition of lending institution; to change certain powers of the authority with respect to investments.
SB 124. By Senator Kidd of the 25th:
A bill to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the State Merit System of Personnel Administration, so as to authorize employees in the classified service who have accumulated sick leave to utilize such sick leave at any time such employees are sick.
SB 141. By Senators Baldwin of the 29th, Barnes of the 33rd, Garner of the 30th and Edge of the 28th:
A bill to amend Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to municipal courts, so as to grant municipal courts the jurisdiction to try and dispose of cases in which persons are charged with furnishing, dispensing, or serving alcoholic beverages to underage persons or with the purchase or pos session of alcoholic beverages by underage persons.
SB 142. By Senators Garner of the 30th and Brannon of the 51st:
A bill to amend Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, known as the "State-wide Probation Act," so as to provide that any over-payment of fines, restitutions, or other moneys owed as a condition of pro bation shall not be refunded to the probationer if the amount of such over-pay ment is less than $5.00.
SB 143. By Senators Garner of the 30th and Brannon of the 51st:
A bill to amend Article 2 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to wardens, superintendents, and other personnel of correc tional institutions, so as to provide that the commissioner of corrections may authorize certain persons in his employment to assist law enforcement officers or correctional officers of local governments in preserving order and peace when so requested by such local authorities.
SB 144. By Senators Garner of the 30th and Brannon of the 51st:
A bill to amend Code Section 42-8-36 of the Official Code of Georgia Annotated, relating to the duty of a probationer to inform probation supervisor of residence and whereabouts, so as to change the provisions relating to the tolling of the sentence when the probationer is in violation of the terms and conditions of pro bation; to provide that any officer authorized by law to issue warrants may return the warrant for the absconded probationer showing non est inventus.

THURSDAY, JANUARY 29, 1987

193

| SB 145. By Senators Garner of the 30th and Brannon of the 51st:

|

A bill to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia

'

Annotated, relating to the health insurance plan for state employees, so as to

provide that certain state employees shall be eligible to continue coverage under

such health insurance plan upon retirement from a local retirement system by

paying a premium set by the State Personnel Board.

SB 146. By Senators Garner of the 30th and Brannon of the 51st:

:.

A bill to amend Chapter 2 of Title 42 of the Official Code of Georgia Annotated,

relating to the Board and Department of Corrections, so as to change the provi

sions relating to a quorum on the Board of Corrections for the transaction of

business; to provide an effective date.

SR 7. By Senator Kidd of the 25th:
A resolution proposing an amendment to the Constitution so as to change the provisions relating to the election and terms of office of members of the General Assembly; to change the provisions relating to the organization of the General Assembly; to provide for the submission of this amendment for ratification or rejection.

SR 23. By Senator Kidd of the 25th:

A resolution proposing an amendment to the Constitution so as to authorize the

'

General Assembly to provide by law for the creation of an Arts Development

i.i.

Fund from which funds shall be disbursed for the purpose of grants to tax-ex-

3

empt organizations to encourage development of high quality and artistically sig

nificant arts activities or cultural facilities; to provide procedures for funding; to

provide for the submission of this amendment for ratification or rejection.

HB 2. By Representatives McDonald of the 12th, Murphy of the 18th, Walker of the 115th, Lee of the 72nd, Connell of the 87th and others:
A bill to provide supplementary appropriations for the State Fiscal Year ending June 30, 1987, in addition to any other appropriations heretofore or hereafter made for the operation of state government and the purposes provided for herein.

HB 105. By Representatives Jackson of the 9th and Cummings of the 17th:
A bill to amend Code Section 40-2-20.1 of the Official Code of Georgia Anno tated, relating to the staggered registration of motor vehicles, so as to change a registration period; to change the amount of the late registration penalty.

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

Albert

Allgood

Baldwin

Barker

Barnes

Bowen

Brannon

y,

Broun of 46th

>'

Brown of 47th

$

Bryant

?.

Burton

"->

Coleman

Coverdell

Crumbley Dawkins Deal Dean Echols Edge English Engram Fincher Foster Garner Gillis Harris

Harrison Hine Howard Hudgins Huggins Kennedy Kidd Land Langford McGill McKenzie Newbill Olmstead

194

JOURNAL OF THE SENATE

Peevy Perry Phillips Ragan Ray

Scott of 2nd Scott of 36th Shumake Starr Stumbaugh

Timmons Tolleson Turner Tysinger Walker

Not answering were Senators Holloway and Tate (excused).

Senator Langford of the 35th introduced the chaplain of the day, Dr. Robert Stovall, pastor of Bethel United Methodist Church, Atlanta, Georgia, who offered scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 48. By Senator Brown of the 47th: A resolution commending David Jones.

SR 49. By Senator Brown of the 47th: A resolution commending Melanie Cleveland.

SR 50. By Senator Brown of the 47th: A resolution commending Philip Piche.

SR 51. By Senator Hine of the 52nd: A resolution commending Maria Bowers.

SR 52. By Senator Deal of the 49th: A resolution commending Devin Wright.

SR 53. By Senator English of the 21st: A resolution commending Tammy Wilkerson.

SR 54. By Senator McGill of the 24th: A resolution commending Elise Thaxton.

SR 55. By Senator McGill of the 24th: A resolution commending Melanie Paradise.

SR 56. By Senator Perry of the 7th: A resolution commending Leslie Pannell.

SR 57. By Senator Kennedy of the 4th: A resolution commending Sean Kennedy.

SR 58. By Senator Kennedy of the 4th: A resolution commending Susan Waters.

SB 59. By Senator Kennedy of the 4th: A resolution commending Julie Beasley.

SR 60. By Senator Broun of the 46th: A resolution commending Rochelle Guthrie.

THURSDAY, JANUARY 29, 1987

195

SR 61. By Senator Broun of the 46th: A resolution commending Michael Jernigan.
SR 62. By Senator Broun of the 46th: A resolution commending Ken Magnus.
SR 63. By Senator Turner of the 8th: A resolution commending Amy Faircloth.
SR 64. By Senator Brannon of the 51st: A resolution commending Anita Masters.
SR 67. By Senators Bryant of the 3rd, Perry of the 7th, Kennedy of the 4th and others: A resolution commending the Georgia National Guard.
The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR
Thursday, January 29, 1987 NINTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 172 McKenzie, 14th Taylor County Provides that judge of Probate Court shall serve as chief magistrate of Magis trate Court of county; provides for term, filling of vacancies, and compensa tion for office of chief magistrate; provides for constable to provide for cleri cal assistance.
SB 174 Kidd, 25th City of Milledgeville Baldwin County Amends Act establishing new charter for city; changes corporate limits.
SB 181 Bowen, 13th Dooly County Continues amendment creating Dooly County Industrial Development Au thority.
HB 64 McKenzie, 14th City of Americus Sumter County Continues amendment creating Americus-Sumter Payroll Development Au thority.
HB 259 Turner, 8th Lowndes County Provides that future school superintendents of county school district shall be appointed by board of education rather than elected and for other purposes.

196

JOURNAL OF THE SENATE

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Broun of 46th
^BCoruylreftomnntan Crumbley Dawkins j)eal Dean Edge English

Engram Fincher Garner Gillis Harris Harrison
HH,,oinl,,leoway Howard Hudgins Huggins Kennedy Kidd Land

Langford McKenzie Newbill Olmstead Peevy Perry
RPDhaiglalinps Ray Scott of 2nd Scott of 36th Turner Tysinger Walker

Those not voting were Senators:

Bowen Brannon Brown of 47th Coverdell Echols

Foster McGill
Shumake Starr

Stumbaugh Tate (excused)
Timmons Tolleson

On the passage of all the local bills, the yeas were 43, nays 0.

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

SENATE CALENDAR
Thursday, January 29, 1987
NINTH LEGISLATIVE DAY
SB 34 Husband/Wife--competent and compelled to give evidence certain proceedings (AMENDMENT) (S JUDY--48th)
SB 59 Douglas Judicial Circuit Superior Courts--terms of court (JUDY--30th)
SB 77 Driving Under the Influence (DUI) Conviction--also violation of parallel federal laws (JUDY--41st)
SB 78 Securities Proceedings--compliance, noncompliance certain prima-facie evidence (JUDY--52nd)
SB 80 Financial Institutions Producing Documents in Judicial Process--reimbursement (JUDY--52nd)
SB 100 Cases Seeking Death Penalty--pretrial review of proceedings by Supreme Court (AMENDMENT) (S JUDY--17th)
SB 101 Publicly Owned Cultural Facility--not a nuisance under certain conditions (S JUDY--33rd)

THURSDAY, JANUARY 29, 1987

197

SB 109 Controlled Substance Manufacture--unlawful without license, registration (JUDY--49th)
SB 125 Child's Right to Select Parent--change age (S JUDY--25th) SB 147 Juvenile Court--change jurisdiction regarding certain traffic offenses (S
JUDY--48th) SB 150 Driver Unlawfully Fleeing Police--conditions for felony (PUB SAP--8th) SB 155 Full-Time Peace Officers--minimum monthly salaries certain ones (PUB
SAF--46th) SR 6 Revenue Bills--may originate in either house (B&F--25th) SR 11 Ad Valorem Taxation of Inventories--different assessment date (B&F--49th) HB 3 Tallapoosa Judicial Circuit Superior Courts--change terms (JUDY--31st) HB 23 Official Code of Georgia--correct certain errors (JUDY--49th) HB 26 Title 21 (Elections)--correct errors and omissions (JUDY--49th)

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

SB 34. By Senator Peevy of the 48th:
A bill to amend Part 1 of Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to certain privileges and confidentiality regarding certain testimony and communications of witnesses generally, so as to provide that a husband and wife shall be competent and compellable to give evidence in certain criminal proceedings.

The Senate Committee on Special Judiciary offered the following amendment:

Amend SB 34 by striking in their entirety lines 21 through 25 of page 1, which read as follows:
"(b) The restrictions on giving evidence provided for in subsection (a) of this Code section shall not apply in any criminal proceeding involving child abuse, child molestation, sexual assault of a child, or sexual exploitation of a child.' ",
and inserting in their place the following:
"(b) The privilege created by subsection (a) of this Code section or by corresponding privileges in paragraph (1) of Code Section 24-9-21 or subsection (a) of Code Section 24-9-27 shall not apply in proceedings in which the husband or wife is charged with a crime against the person of a minor child.' "

On the adoption of the amendment, the yeas were 34, nays 0, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes

Bowen Brannon Broun of 46th Brown of 47th Bryant

Burton Coverdell Crumbley Dawkins Deal

198

JOURNAL OF THE SENATE

Dean Echols English Engram !l incher
Q5L,roj]as[rjtneserr Harris Harrison Hine Holloway

Howard Hudgins Huggins Kennedy Kidd
LTLaanngdf_ord. McGill McKenzie Newbill Olmstead

Peevy Perry Phillips Ragan Ray
SS0 ccoo.tt,tt ooff,. 23-,,6n.td.h Shumake Stumbaugh Turner Tysinger

Voting in the negative was Senator Walker.

Those not voting were Senators:

Coleman Edge

Starr Tate (excused)

Timmons Tolleson

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

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

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

Senator Echols of the 6th introduced the doctor of the day, Dr. Fleming Jolley, of Sea Island, Georgia.

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

SB 59. By Senator Garner of the 30th:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of superior courts, so as to change the terms of court for the superior courts of the Douglas Judicial Circuit; to provide an effective date.

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

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

Those voting in the affirmative were Senators:

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

Dawkins Deal Dean Echols English Engram Fincher Foster Garner Gillis Harris Harrison Hine

Holloway Howard Hudgins Huggins Kidd Land Langford McGill McKenzie Newbill Olmstead Peevy Perry

THURSDAY, JANUARY 29, 1987

199

Phillips Ragan Ray Scott of 2nd

Scott of 36th Shumake Stumbaugh Timmons

Turner Tysinger Walker

Those not voting were Senators:

Coleman Edge

Kennedy (presiding) Starr

Tate (excused) Tolleson

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

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

Senator Garner of the 30th moved that SB 59 be immediately transmitted to the House.

On the motion, the yeas were 34, nays 0; the motion prevailed, and SB 59 was immedi ately transmitted to the House.

SB 77. By Senator Tysinger of the 41st:
A bill to amend Code Section 40-6-391 of the Official Code of Georgia Annotated, relating to driving under the influence of alcohol or drugs, so as to provide that convictions for violations of said Code section shall also mean convictions for violations of parallel federal laws or regulations or convictions for violations of previously existing or existing parallel laws of this or other states or convictions for the violations of ordinances adopting said Code section.

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

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

Those voting in the affirmative were Senators:

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

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

McGill McKenzie Newbill Olmstead Peevy Perry Phillips Ragan Ray Scott of 2nd Scott of 36th Shumake Stumbaugh Timmons Turner Tysinger Walker

Those not voting were Senators:

Coleman Kennedy (presiding)

Starr Tate (excused)

Tolleson

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JOURNAL OF THE SENATE

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

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

SB 78. By Senator Hine of the 52nd:
A bill to amend Code Section 10-5-22 of the Official Code of Georgia Annotated, relating to the burden of proving exemptions to securities laws and the admissibility of certified records in proceedings involving securities, so as to provide that a certificate of the Secretary of State as commissioner of securities regarding compliance or noncompliance with the securities laws shall constitute prima-facie evidence of such compliance or noncompliance and shall be admissible in civil or criminal actions.

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

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

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bowen Brannon Broun of 46th Brown of 47th Bryant Burton Coverdell Crumbley Dawkins Deal Dean Echols Edge

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

McKenzie Newbill Olmstead Peevy Perry Phillips Ragan Ray Scott of 2nd Scott of 36th Shumake Stumbaugh Timmons Turner Tysinger Walker

Those not voting were Senators:

Allgood Coleman Kennedy (presiding)

Land Starr

Tate (excused) Tolleson

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

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

SB 80. By Senator Hine of the 52nd:
A bill to amend Part 11 of Article 1 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to costs to financial institutions on judicial process, so as to provide for the reimbursement of costs incurred by financial institutions in complying with requests for the production of documents when the financial institution is not a party to the proceedings.

THURSDAY, JANUARY 29, 1987

201

j;|

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

I

to.

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

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bowen Brannon Broun of 46th BBrroywannt of 47th

Burton

Coverdell



Crumbley

Dawkins

Deal

Dean Echols

Edge English Engram Fincher Garner Gillis Harris HHianrerison
Holloway
Howard
Huggins Kidd
Land
Langford McGill

McKenzie Newbill Olmstead Peevy Perry Phillips p> 0Sco,t,t orf 2nd,
Scott of 36th
Shumake
Starr Stumbaugh
Turner
Tysinger Walker



Those not voting were Senators:

sj

Allgood

';

Coleman

Foster

Hudgins Kennedy (presiding) Ray

Tate (excused) Timmons Tolleson

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

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

SB 100. By Senators Crumbley of the 17th, Starr of the 44th, Howard of the 42nd and others:
A bill to provide a pretrial review of proceedings by the Supreme Court in cases in which the death penalty is sought; to amend Article 2 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to appellate practice, so as to provide that the judgments, rulings, and orders in pretrial proceedings of a case in which the death penalty is sought shall be directly appealable as part of the pretrial review.

The Senate Committee on Special Judiciary offered the following amendment:

Amend SB 100 by striking from lines 18 through 20 of page 1 the following:

"to provide for the promulgation of review procedure rules by the Supreme Court; to provide for approval of such rules by the General Assembly;".

By inserting at the end of line 25 of page 3 the following:

"A copy of the notice and report shall be served on the Attorney General by the clerk.

:;;.

If requested by the district attorney, the Attorney General shall assist in the review and

*.

appeal provided for in this Code section."

g

By striking from lines 19 through 28 of page 5 the following:

!,

"Section 6. Any rules adopted by the Supreme Court pursuant to Section 5 of this Act

shall be effective only through March 31, 1988, unless they are approved by the General

202

JOURNAL OF THE SENATE

Assembly at the regular 1988 session. When such rules are adopted by the Supreme Court, it shall be the duty of the Chief Justice to submit a copy to the President of the Senate and to the Speaker of the House of Representatives. Approval by the General Assembly shall be by a resolution which shall go through the same procedure as any resolution intended to have the effect of law."
By striking from line 29 of page 5 the following:
"Section 7.",
and inserting in its place the following:
"Section 6.".

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.

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

Those voting in the affirmative were Senators:

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

Edge English Engram Fincher Foster Garner Gillis Harris Harrison Hine Holloway Howard Hudgins Huggins Kidd Land McGill

McKenzie Newbill Olmstead Peevy Perry Phillips Ragan Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Timmons Turner Tysinger Walker

Voting in the negative was Senator Langford.

Those not voting were Senators:

Kennedy (presiding)

Tate (excused)

Tolleson

On the passage of the bill, the yeas were 52, nays 1.

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

SB 101. By Senator Barnes of the 33rd:
A bill to amend Chapter 1 of Title 41 of the Official Code of Georgia Annotated, relating to nuisances in general, so as to provide that no publicly owned cultural facility shall become a nuisance, either public or private, as a result of changed conditions in or around the locality of such cultural facility, if such cultural facil ity has been in use for one year or more.

THURSDAY, JANUARY 29, 1987

203

Senator Barnes of the 33rd offered the following amendment:

Amend SB 101 by striking on page 1, line 27, the following: "appurtenances thereof,".

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 Bowen Brannon Broun of 46th Brown of 47th Bryant Burton Coverdell Crumbley Dawkins Deal Dean Echols

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

McGill McKenzie Newbill Olmstead Peevy Perry Phillips Ragan Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Turner Tysinger

Those not voting were Senators:

Coleman Kennedy (presiding)

Tate (excused) Timmons

Tolleson Walker

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

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

SB 109. By Senator Deal of the 49th:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to declare unlawful the manufacture of controlled substances without a license or registration; to provide a definition; to provide punishments.

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

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

Those voting in the affirmative were Senators:

Albert Allgood

Baldwin Barker

Barnes Bowen

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JOURNAL OF THE SENATE

Brannon Broun of 46th Brown of 47th Bryant Burton
Coleman Coverdell Crumbley Dawkins Deal Dean Echols Edge Engram Fincher

Foster Garner Gillis Harris Harrison
Hine Holloway Howard Huggins
Kidd Land Langford McGill McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Turner Tysinger Walker

Those not voting were Senators:

English Hudgins

Kennedy (presiding) Tate (excused)

Timmons Tolleson

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

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

SB 125. By Senator Kidd of the 25th:
A bill to amend Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions concerning child custody proceedings, so as to change the age at which a child shall have the right to select the parent with whom he or she desires to live.

Senators Scott of the 2nd and Ray of the 19th offered the following amendment:

Amend SB 125 by striking the number "12" on page 2, lines 2 and 10, on page 3, line 2 and insert the number "13" in lieu thereof.

Senator Hudgins of the 15th moved that SB 125 be committed to the Senate Commit tee on Children and Youth.

Senator Kidd of the 25th moved the previous question.

On the motion offered by Senator Kidd of the 25th, which takes precedence, the yeas were 20, nays 19; the motion prevailed, and the previous question was ordered.

On the adoption of the amendment, the yeas were 19, nays 22, and the amendment offered by Senators Scott of the 2nd and Ray of the 19th was lost.

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

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

Those voting in the affirmative were Senators:

Allgood Bowen Brannon

Broun of 46th Brown of 47th Coverdell

Crumbley Dawkins Fincher

THURSDAY, JANUARY 29, 1987

205

Harris Harrison Holloway Huggins
Kidd

Land Olmstead Peevy Ragan
Shumake

Those voting in the negative were Senators:

Starr Timmons
Tysinger Walker

Albert Baldwin Barker Barnes Burton Coleman Deal
Dean
Echols
Edge

English Engram Foster Garner Gillis Hine Howard
Hudgins
Langford
McGill

Those not voting were Senators:

McKenzie Newbill Perry phmi R f ay Scott of 2nd
Scott of 36th
Stumbaugh
Turner

Bryant Kennedy (presiding)

Tate (excused)

Tolleson

On the passage of the bill, the yeas were 23, nays 29.
The bill, having failed to receive the requisite constitutional majority, was lost.
The President resumed the chair.
SB 147. By Senators Peevy of the 48th, Deal of the 49th and Barnes of the 33rd:
A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change definitions; to change the jurisdiction of the juvenile court regarding certain traffic offenses; to provide that courts other than the juvenile court shall have original jurisdiction of per sons under 17 years of age having drivers' licenses or permits who are accused of committing certain traffic offenses.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
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 Broun of 46th BCroovwerndeolfl 47th
Crumbley Dawkins Deal Echols

Edge Fincher Foster Harris HHianrerison
Holloway Howard Kidd Land

Newbill Olmstead Peevy Perrv rP>hul-lnh-ps
RaSan Tolleson Tysinger Walker

206

JOURNAL OF THE SENATE

Those voting in the negative were Senators:

Albert Barker Bowen Brannon Bryant Burton Coleman Dean
English

Engram Garner Gillis Hudgins Huggins Kennedy Langford McGill McKenzie

Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Timmons Turner

Not voting was Senator Tate (excused).

On the passage of the bill, the yeas were 29, nays 26.

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

SB 150. By Senators Turner of the 8th, Bowen of the 13th, Holloway of the 12th and others:
A bill to amend Article 16 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to provide that a driver who unlawfully flees or attempts to elude a pursuing police vehicle or police officer shall be guilty of a felony if such action also involves any of certain other elements.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun of 46th Bryant Burton Coleman Coverdell Crumbley Deal Dean Echols Edge

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

McKenzie Newbill Olmstead Perry Phillips Ragan Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tolleson Turner Tysinger Walker

Voting in the negative were Senators Dawkins and Peevy.

Those not voting were Senators:

Brown of 47th Howard

Tate (excused)

Timmons

On the passage of the bill, the yeas were 50, nays 2.

THURSDAY, JANUARY 29, 1987

207

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

SB 155. By Senators Broun of the 46th, Deal of the 49th, Tolleson of the 32nd and others:
A bill to amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions relative to law enforcement officers and agencies, so as to provide minimum monthly salaries for certain full-time peace officers; to provide for applicability; to provide for a statement of intent; to provide for con struction; to provide an effective date.

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

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

MEMORANDUM

TO:

The Honorable Paul Broun

State Senator

FROM

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

DATE:

January 26, 1987

SUBJECT: Fiscal Note--Senate Bill 155 Peace Officers--Minimum Salaries

This Bill would provide for a minimum salary of $995 per month for full-time peace officers to be paid for from funds of the employer. The minimum salary would be in addi tion to any expenses which are otherwise payable to or on behalf of such persons. This Bill would apply to any person defined as a peace officer by Code Section 35-8-2 and who is certified under the Georgia Peace Officer Standards and Training Act. Employers are identi fied as the State of Georgia, or any department, board, bureau, commission, agency, author ity, county, municipal corporation or other political subdivision thereof.

Based upon a survey of 625 law enforcement agencies and other entities identified with full time peace officers, it is estimated that the minimum impact of this Bill would be to increase local costs by $508,308 and state costs by $7,908 annually. Of 456 agencies which responded to the survey, 131 employed 371 peace officers who earned less than $995 per month. If the costs for the 169 agencies that did not respond are estimated (based on the results of the survey) an additional $191,316 would be required.

As a result the total fiscal impact of this Bill would range from $516,216 to $707,532 based on current 1986 peace officer salary levels. It should be noted however, that this as sumes no increase in 1986 salaries for the 371 peace officers paid less than $995 per month through the effective date of the Bill, January 1, 1988. Some agencies that responded who currently pay less than $995 per month may not be affected on the date the Bill becomes law as the peace officers receive normal salary increases. Also these cost projections assume that the salary paid the incumbent is the lowest salary for that position (e.g. peace officers presently making over $995 per month, if vacating their positions, would be replaced by persons also making more than $995 a month). The range of increased costs per responding agency ranged from $24 to $25,920 annually, averaging $3,940 per agency.

/a/ G. W. Hogan State Auditor

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

208

JOURNAL OF THE SENATE

Senator Albert of the 23rd offered the following amendment:

Amend SB 155 by adding following the word "employer" on line 27 of page 1 the following:
"and the State of Georgia".
By adding following "1988" on line 12 of page 2 the following:
", contingent upon state appropriations to each local government in the amount of the difference between the salary paid by such local government on January 1, 1988, and the state minimum salary set forth in Code Section 35-1-9".

Senator Broun of the 46th moved the previous question.

On the motion, the yeas were 33, nays 0; the motion prevailed, and the previous ques tion was ordered.

On the adoption of the amendment, the yeas were 35, nays 16, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Bowen Brannon BDBCroroyvuaennrdteolfl 46th Crumbley
Dawkins Deal
Dean Edge English

Engram Fincher Foster Garner Gillis Harris H.HH..oianlrlenoswoany Howard
Hudgins Huggins
Kennedy Kidd Land

Langford McKenzie Newbill Olmstead Peevv phillips DRcScaogta*nof,,. ,,2nd,u Scott of 36th
Shumake Stumbaugh
Timmons Tolleson Walker

Those voting in the negative were Senators:

Albert Burton Coleman Echols

McGill Perry Ray

Starr Turner Tysinger

Not voting were Senators Brown of the 47th and Tate (excused).

On the passage of the bill, the yeas were 44, nays 10.

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

Senator Dean of the 31st gave notice that, at the proper time, he would move that the Senate reconsider its action in passing SB 155.

THURSDAY, JANUARY 29, 1987

209

SR 6. By Senator Kidd of the 25th:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide that bills for raising or reducing revenue may originate in either house of the General Assembly; 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 V of the Constitution is amended by striking Paragraph II in its entirety and inserting in lieu thereof a new Paragraph II to read as follows:
"Paragraph II. Bills for revenue. All bills appropriating money shall originate in the House of Representatives. Bills for raising or reducing revenue may originate in either house of the General Assembly."
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 bills for raising or reducing revenue may originate in either house of the General Assembly?"

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 rannon
RBrown of
Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols

Edge English Engram Foster
Garner Gillis
Harrison
** Howard Huggins Kennedy Kidd Land Langford McKenzie

Newbill Olmstead Peevy perry
Phillips Ragan
Scott of 2nd
Scott of 36th Shumake Starr Stumbaugh Timmons Tolleson Turner Walker

210

JOURNAL OF THE SENATE

Those voting in the negative were Senators:

Bowen

Holloway

Tysinger

Those not voting were Senators:

Fincher Hudgins

McGill

Tate (excused)

On the adoption of the resolution, the yeas were 49, nays 3.
The resolution having received the requisite two-thirds constitutional majority, was adopted.
SR 11. By Senators Deal of the 49th and Foster of the 50th:

A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to establish a different assessment date or assessment dates for ad valorem taxation of in ventories; 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 I of the Constitution is amended by striking subparagraphs (a) and (b) of Paragraph III and inserting in their place new subparagraphs (a) and (b) of Paragraph III to read as follows:
"(a) All taxes shall be levied and collected under general laws and for public purposes only. Except as otherwise provided in this Paragraph, all taxation shall be uniform upon the same class of subjects within the territorial limits of the authority levying the tax.

(b) (1) Except as otherwise provided in this subparagraph (b), classes of subjects for taxation of property shall consist of tangible property and one or more classes of intangible personal property including money.
(2) Subject to the conditions and limitations specified by law, each of the following types of property may be classified as a separate class of property for ad valorem property tax purposes and different rates, methods, and assessment dates may be provided for such properties:
(A) Motor vehicles, including trailers.
(B) Mobile homes other than those mobile homes which qualify the owner of the home for a homestead exemption from ad valorem taxation.
(3) Subject to the conditions and limitations specified by law, different assessment dates may be provided for any or all inventories of tangible personal property."
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 establish a different assessment date or assessment dates for ad valorem taxation of inventories?"

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.

THURSDAY, JANUARY 29, 1987

211

<

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

?

agreed to.

j

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

Those voting in the affirmative were Senators:

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

Echols Edge English Engram Foster Garner Gillis Harris Harrison Hine Howard Huggins Kennedy Kidd Land Langford

McKenzie Newbill Olmstead Peevy Perry Phillips Ragan Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Turner Tysinger Walker

Voting in the negative was Senator Holloway.

Those not voting were Senators:

Allgood Fincher Hudgins

McGill Tate (excused)

Timmons Tolleson

On the adoption of the resolution, the yeas were 48, nays 1.

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

HB 3. By Representative Murphy of the 18th:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to the terms of court for the superior courts of this state, so as to change the terms for the superior courts of the Tallapoosa Judicial Circuit.
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 Bowen

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

Coverdell Crumbley
Dawkins Deal Dean Echols

212

JOURNAL OF THE SENATE

Edge English Engram Fincher Foster Garner Gillis Harris Hine Holloway Howard

Huggins Kennedy Kidd Land Langford McKenzie Newbill Olmstead Peevy Perry Phillips

Ragan Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tolleson Turner Tysinger Walker

Those not voting were Senators:

Harrison Hudgins

McGill Tate (excused)

Timmons

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

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

Senator Allgood of the 22nd moved that the Senate do now adjourn until 9:00 o'clock A.M. tomorrow, and the motion prevailed.

At 12:30 o'clock P.M., the President announced the Senate adjourned until 9:00 o'clock A.M. tomorrow.

FRIDAY, JANUARY ,30, 1987

213

Senate Chamber, Atlanta, Georgia Friday, January 30, 1987 Tenth Legislative Day
The Senate met pursuant to adjournment at 9:00 o'clock A.M. today and was called to order by the President.
Senator Kennedy of the 4th 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 285. By Representative Cox of the 141st: A bill to provide a new charter for the Town of Iron City; to provide for incorpo ration, boundaries, and powers of the town.
HB 286. By Representative Greene of the 130th: A bill to abolish the office of county treasurer of Quitman County.
HB 287. By Representative Greene of the 130th: A bill to repeal in its entirety an Act providing for the compensation of the trea surer of Quitman County.
HB 288. By Representative Greene of the 130th: A bill to amend an Act creating the Board of Commissioners of Quitman County, so as to provide for the position of clerk to the board of commissioners.
HB 293. By Representatives Watson of the 114th and Waddle of the 113th: A bill to amend an Act providing a new charter for the City of Warner Robins in Houston County, so as to change the provisions relating to the composition of the governing authority of Warner Robins and the terms of office of the members of such governing authority.
HB 295. By Representative Stancil of the 66th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to authorizing Morgan County to levy a tax not exceeding one mill for the purpose of creating a fund to be used in assisting, promoting, and encouraging the location of industries in said county.
HB 296. By Representative Stancil of the 66th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to the creation of the Oconee County Industrial Development Authority and its powers, authority, funds, purposes, and procedures.

214

JOURNAL OF THE SENATE

HB 298. By Representatives Adams of the 79th and Mostiler of the 75th:
A bill to create the Pike County Water and Sewerage Authority.
HB 316. By Representative Harris of the 84th:
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 McDuffie County by the people and providing that the board elect the county school superintendent.
HB 317. By Representative Harris of the 84th:
A bill to amend an Act entitled "An Act to incorporate the Town of Bearing, in McDuffie County, and to provide a municipal government for the same, and for other purposes", so as to provide four-year terms for the mayor and members of the council.
HB 319. By Representatives Hasty of the 8th and Prichard of the 8th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the City of Jasper Industrial De velopment Authority.
HB 320. By Representatives Hasty of the 8th, Prichard of the 8th and Barnett of the 10th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment duly ratified at the general election in 1966, which amendment creates the Cherokee County Development Authority.
HB 321. By Representatives Hasty of the 8th, Prichard of the 8th and Barnett of the 10th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which authorizes the governing authority of Cherokee County to establish and administer fire protection districts and sew erage districts in the unincorporated area of the county.
HB 322. By Representatives Hasty of the 8th, Prichard of the 8th and Barnett of the 10th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment (Res. Act No. 125, H.R. 606-1295, Ga. L. 1968, p. 1545), duly ratified at the general election in 1968, which amendment creates the Cherokee County Airport Authority.
HB 323. By Representatives Hasty of the 8th, Prichard of the 8th and Barnett of the 10th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to the merger of the Can ton Independent School System and the Cherokee County School System into one consolidated school system and provides for the election of the members of the Cherokee County Board of Education.
HB 29. By Representatives Chambless of the 133rd, Thomas of the 69th, Waldrep of the 80th and Groover of the 99th:
A bill to amend Code Section 51-1-11 of the Official Code of Georgia Annotated, relating to required privity to support tort actions and limitations on product liability actions, so as to provide that the ten-year period following a first sale

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215

which limits a product liability action shall also limit an action claiming negligence.
HB 38. By Representatives Richardson of the 52nd and Childs of the 53rd:
A bill to amend Chapter 11A of Title 43 of the Official Code of Georgia Anno tated, relating to dietitians and dietetic counselors, so as to change the provisions relating to definitions.
HB 44. By Representatives Wall of the 61st, Bannister of the 62nd, Pittman of the 60th, Barnett of the 59th, Goodwin of the 63rd and others:
A bill 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 create a new fifth judgeship for the Gwinnett Judicial Circuit.
HB 127. By Representative Wall of the 61st:
A bill to amend Article 2 of Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to subpoenas and notice to produce evidence, so as to pro vide for the payment of fees to certain law enforcement officers who are required by writ of subpoena to attend any court of this state.
HB 7. By Representatives Hudson of the 117th, Branch of the 137th, Royal of the 144th, Sherrod of the 143rd, Smith of the 16th and others:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change the provisions relating to the definition of "game fish"; to change the provisions relating to food fish dealers; to change the provi sions relating to sale of fish by commercial fish hatcheries; to change the provi sions relating to the licensing of wholesale and retail fish dealers.
HB 125. By Representatives Pannell of the 122nd, Childers of the 15th, Hooks of the 116th, Moultrie of the 93rd and Richardson of the 52nd:
A bill to amend Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to dentists, so as to provide for definitions; to change which acts consti tute the practice of dentistry; to provide for the use of conscious sedation and general anesthesia by dentists and certain other persons; to provide for morbid ity, mortality, and injury reports.
HB 324. By Representatives Hasty of the 8th and Prichard of the 8th:
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 the mem bers of the Board of Education of Pickens County by the people.
HB 325. By Representatives Hasty of the 8th, Prichard of the 8th and Barnett of the 10th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Cherokee County during designated re gistration periods as provided in Code Section 40-2-20.1 of the Official Code of Georgia Annotated.
HB 332. By Representatives Aiken of the 21st, Lawler of the 20th, Isakson of the 21st, Hensley of the 20th, Cooper of the 20th and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Powder Springs Downtown Development Authority.

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HB 333. By Representatives Aiken of the 21st, Lawler of the 20th, Isakson of the 21st, Hensley of the 20th, Cooper of the 20th and others:
A bill to provide for a change in the membership of the Powder Springs Down town Development Authority.
HB 350. By Representative Watts of the 41st:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Paulding County Industrial Building Authority.
HB 351. By Representative Watts of the 41st:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to the creation of the Paulding County Civil Service System for all those persons, other than elected offi cials, whose salaries or wages are paid in whole or in part from the funds of Paulding County.
HB 352. By Representative Watts of the 41st: A bill to amend an Act creating a new charter for the City of Dallas, so as to change the term of office of the mayor.
HB 353. By Representative Watts of the 41st: A bill to amend an Act creating a new charter for the City of Dallas, so as to remove certain territory from the corporate limits of the city.
HB 135. By Representatives Pannell of the 122nd, Childers of the 15th, Hooks of the 116th and Richardson of the 52nd:
A bill to amend Code Section 43-39-8 of the Official Code of Georgia Annotated, relating to application for license to practice psychology, so as to change certain license requirements.
HB 12. By Representatives Selman of the 32nd, Benn of the 38th, Martin of the 26th, Townsend of the 24th and Lupton of the 25th:
A bill to amend Code Section 20-2-771 of the Official Code of Georgia Annotated, relating to immunization of students, so as to change the period of time for which immunizations may be waived; to provide for documentation and confirmation that immunization is being performed during a waiver period.
HB 94. By Representatives Cox of the 141st, Patten of the 149th and Bargeron of the 108th:
A bill to amend Article 3 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, known as "The Georgia Coroner's Training Council Act", so as to change the provisions relating to the membership of the Georgia Coroner's Training Council; to change the provisions relating to the quorum of such council.
HB 266. By Representatives Porter of the 119th, Jackson of the 9th, Smyre of the 92nd, Benefield of the 72nd and Lawson of the 9th: A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for a notice of suspension of a driver's license by the court; to change the definition of a habitual violator; to change the time period within which a habitual violator may apply for a probationary driver's license.

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217

HB 198. By Representatives Pannell of the 122nd, Steinberg of the 46th, Connell of the 87th, Hooks of the 116th, Chambless of the 133rd and others:
A bill to amend Article 3 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to the unlawful reproduction and sale of recorded material, so as to provide definitions; to declare unlawful the sale, rental, loan for mone tary consideration, or other dissemination of a video movie unless the official rating is prominently displayed on the covering.
HB 113. By Representatives Lane of the 27th, Adams of the 36th and Couch of the 40th:
A bill to amend Chapter 67A of Title 36 of the Official Code of Georgia Annotated, relating to conflicts of interest in zoning actions, so as to change the provi sions relating to disclosure of campaign contributions; to require applicants for rezoning actions to disclose certain information concerning gifts to certain gov ernment officials and property interest or financial interest in the real property which is the subject of the rezoning action.
HB 188. By Representatives Isakson of the 21st, Pannell of the 122nd, Gresham of the 21st and Walker of the 115th:
A bill to amend Chapter 3 of Title 48 of the Official Code of Georgia Annotated, relating to tax executions, so as to provide that tax collectors and tax commissioners may exercise the same authority and procedures for reducing a tax execution for local taxes to judgment as are available to the state revenue commissioner; to provide that this authority shall exist in actions against residents and nonresidents.
HB 160. By Representatives Jackson of the 9th, Crosby of the 150th and Barnett of the 10th:
A bill to amend Code Section 40-2-29 of the Official Code of Georgia Annotated, relating to seven-year and annual license plates, generally, so as to prohibit the validation and use of the special bicentennial license plate after 1989.
HB 162. By Representatives Jackson of the 9th and Barnett of the 10th:
A bill to amend Code Section 48-10-2 of the Official Code of Georgia Annotated, relating to annual license fees for vehicles, so as to provide for a fee for van-type vehicles used as a common or contract carrier for hire.
HB 307. By Representatives Buck of the 95th, Stancil of the 66th, Pinkston of the 100th, Connell of the 87th and Lane of the lllth:
A bill to amend Article 6 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, known as the "Private Colleges and Universities Authority Act", so as to change the compensation of members of the authority; to change the provi sions relating to the disposition of moneys received by the authority.
HB 185. By Representatives Bray of the 91st, Holmes of the 28th and Moultrie of the 93rd:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to change certain provisions relating to the deadline for transmission of certain qualifying fees to the superintendent of the county or the Secretary of State; to change the provisions relating to the filing deadline for certain notices of candidacy.

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HB 210. By Representatives Chambless of the 133rd, Thomas of the 69th, Pannell of the 122nd and 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 without charge an initial corporate name reservation period; to provide for extensions of reservation periods; to provide for confirmations of name reservations; to provide that corpo rate names shall be distinguishable from other such names.
HB 310. By Representatives Buck of the 95th, Galer of the 97th, Atkins of the 21st and Lupton of the 25th:
A bill to amend Chapter 24 of Title 43 of the Official Code of Georgia Annotated, relating to libraries, so as to change the termination date of and to continue the State Board for the Certification of Librarians and the laws relating thereto.
HB 234. By Representative Bray of the 91st:
A bill to amend Chapter 5 of Title 19 of the Official Code of Georgia Annotated, relating to divorce, so as to provide that in uncontested divorce cases an eviden tiary hearing for the determination of the existence of the grounds for divorce and for the determination of issues of alimony, child support, and child custody and other issues is authorized but not required.
The following bills of the Senate were introduced, read the first time and referred to committees:
SB 217. By Senator Foster of the 50th:
A bill to provide for the appointment of the school superintendent of Lumpkin County by the Board of Education of Lumpkin County; to provide for other mat ters relative thereto; to provide for a referendum. Referred to Committee on Urban and County Affairs.
SB 218. By Senators Dawkins of the 45th, Garner of the 30th, Foster of the 50th and others:
A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance rates and rate making, so as to provide that on and after July 1, 1987, no insurer shall charge or collect for any policy of insurance to which Chapter 9 of Title 33 applies any rate which exceeds its ex isting rate filed with the Commissioner by 10 percent or a higher percentage un less such rate has been approved by the Commissioner. Referred to Committee on Insurance.
SB 219. By Senator Deal of the 49th:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of superior court, so as to change the term of court for the superior court of Hall County in the Northeastern Judicial Circuit; to provide for an effective date. Referred to Committee on Judiciary.
SB 220. By Senator Hudgins of the 15th:
A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to add additional instances wherein the Department of Banking and Finance may waive or modify any requirement to publish a notice; to waive further registration pursuant to other provisions of law

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219

whenever any financial institution or other corporation domiciled outside this state is required to register with the department. Referred to Committee on Banking and Finance.
SB 221. By Senator Timmons of the llth: A bill to amend Code Section 47-4-80 of the Official Code of Georgia Annotated, relating to creditable service under the Public School Employees Retirement Sys tem, so as to authorize creditable service for certain prior service; to provide for matters relative thereto; to provide an effective date.
Referred to Committee on Retirement.
SB 222. By Senator Edge of the 28th: A bill to amend Code Section 47-6-80 of the Official Code of Georgia Annotated, relating to eligibility for retirement and the retirement allowance under the Georgia Legislative Retirement System, so as to reduce the retirement benefit for members of the General Assembly who first become members after a certain date; to provide for other matters relative thereto; to provide an effective date.
Referred to Committee on Retirement.
SB 223. By Senator Baldwin of the 29th: A bill to amend Article 4 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to times, places, and procedures relating to probate courts, so as to change certain provisions relating to the location of the office of the judge of the probate court; to provide an effective date.
Referred to Committee on Governmental Operations.
SB 224. By Senator Baldwin of the 29th: 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 establishment of a Downtown West Point Development Authority; to provide the authority for this Act.
Referred to Committee on Urban and County Affairs.
SB 225. By Senator Baldwin of the 29th: 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 Point Development Authority; to provide the authority for this Act.
Referred to Committee on Urban and County Affairs.
SB 226. By Senator Baldwin of the 29th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Troup County Development Authority; to provide the authority for this Act.
Referred to Committee on Urban and County Affairs.
The following bills of the House were read the first time and referred to committees:
HB 7. By Representatives Hudson of the 117th, Branch of the 137th, Royal of the 144th and others: A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change the provisions relating to the definition of "game fish"; to change the provisions relating to food fish dealers; to change the provi-

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sions relating to sale of fish by commercial fish hatcheries; to change the provi sions relating to the licensing of wholesale and retail fish dealers. Referred to Committee on Natural Resources.
HB 12. By Representatives Selman of the 32nd, Benn of the 38th, Martin of the 26th and others:
A bill to amend Code Section 20-2-771 of the Official Code of Georgia Annotated, relating to immunization of students, so as to change the period of time for which immunizations may be waived; to provide for documentation and confirmation that immunization is being performed during a waiver period. Referred to Committee on Human Resources.
HB 29. By Representatives Chambless of the 133rd, Thomas of the 69th, Waldrep of the 80th and Groover of the 99th:
A bill to amend Code Section 51-1-11 of the Official Code of Georgia Annotated, relating to required privity to support tort actions and limitations on product liability actions, so as to provide that the ten-year period following a first sale which limits a product liability action shall also limit an action claiming negligence. Referred to Committee on Judiciary.
HB 38. By Representatives Richardson of the 52nd and Childs of the 53rd:
A bill to amend Chapter 11A of Title 43 of the Official Code of Georgia Anno tated, relating to dietitians and dietetic counselors, so as to change the provisions relating to definitions. Referred to Committee on Human Resources.
HB 44. By Representatives Wall of the 61st, Bannister of the 62nd, Pittman of the 60th and others:
A bill 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 create a new fifth judgeship for the Gwinnett Judicial Circuit. Referred to Committee on Special Judiciary.
HB 94. By Representatives Cox of the 141st, Patten of the 149th and Bargeron of the 108th:
A bill to amend Article 3 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, known as "The Georgia Coroner's Training Council Act", so as to change the provisions relating to the membership of the Georgia Coroner's Training Council; to change the provisions relating to the quorum of such council. Referred to Committee on Human Resources.
HB 113. By Representatives Lane of the 27th, Adams of the 36th and Couch of the 40th:
A bill to amend Chapter 67A of Title 36 of the Official Code of Georgia Anno tated, relating to conflicts of interest in zoning actions, so as to change the provi sions relating to disclosure of campaign contributions; to require applicants for rezoning actions to disclose certain information concerning gifts to certain gov ernment officials and property interest or financial interest in the real property which is the subject of the rezoning action. Referred to Committee on Governmental Operations.

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221

HB 125. By Representatives Pannell of the 122nd, Childers of the 15th, Hooks of the 116th and others:
A bill to amend Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to dentists, so as to provide for definitions; to change which acts consti tute the practice of dentistry; to provide for the use of conscious sedation and general anesthesia by dentists and certain other persons; to provide for morbid ity, mortality, and injury reports. Referred to Committee on Human Resources.
HB 127. By Representative Wall of the 61st:
A bill to amend Article 2 of Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to subpoenas and notice to produce evidence, so as to pro vide for the payment of fees to certain law enforcement officers who are required by writ of subpoena to attend any court of this state. Referred to Committee on Public Safety.
HB 135. By Representatives Pannell of the 122nd, Childers of the 15th, Hooks of the 116th and Richardson of the 52nd:
A bill to amend Code Section 43-39-8 of the Official Code of Georgia Annotated, relating to application for license to practice psychology, so as to change certain license requirements. Referred to Committee on Human Resources.
HB 160. By Representatives Jackson of the 9th, Crosby of the 150th and Barnett of the 10th:
A bill to amend Code Section 40-2-29 of the Official Code of Georgia Annotated, relating to seven-year and annual license plates, generally, so as to prohibit the validation and use of the special bicentennial license plate after 1989. Referred to Committee on Transportation.
HB 162. By Representatives Jackson of the 9th and Barnett of the 10th:
A bill to amend Code Section 48-10-2 of the Official Code of Georgia Annotated, relating to annual license fees for vehicles, so as to provide for a fee for van-type vehicles used as a common or contract carrier for hire. Referred to Committee on Transportation.
HB 185. By Representatives Bray of the 91st, Holmes of the 28th and Moultrie of the 93rd:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to change certain provisions relating to the deadline for transmis sion of certain qualifying fees to the superintendent of the county or the Secre tary of State; to change the provisions relating to the filing deadline for certain notices of candidacy. Referred to Committee on Governmental Operations.
HB 188. By Representatives Isakson of the 21st, Pannell of the 122nd, Gresham of the 21st and Walker of the 115th:
A bill to amend Chapter 3 of Title 48 of the Official Code of Georgia Annotated, relating to tax executions, so as to provide that tax collectors and tax commis sioners may exercise the same authority and procedures for reducing a tax execu tion for local taxes to judgment as are available to the state revenue commis-

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sioner; to provide that this authority shall exist in actions against residents and nonresidents. Referred to Committee on Urban and County Affairs (General).
HB 198. By Representatives Pannell of the 122nd, Steinberg of the 46th, Connell of the 87th and others:
A bill to amend Article 3 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to the unlawful reproduction and sale of recorded material, so as to provide definitions; to declare unlawful the sale, rental, loan for mone tary consideration, or other dissemination of a video movie unless the official rating is prominently displayed on the covering. Referred to Committee on Special Judiciary.
HB 210. By Representatives Chambless of the 133rd, Thomas of the 69th, Pannell of the 122nd and 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 without charge an initial corporate name reservation period; to provide for extensions of reservation periods; to provide for confirmations of name reservations; to provide that corpo rate names shall be distinguishable from other such names. Referred to Committee on Judiciary.
HB 234. By Representative Bray of the 91st:
A bill to amend Chapter 5 of Title 19 of the Official Code of Georgia Annotated, relating to divorce, so as to provide that in uncontested divorce cases an eviden tiary hearing for the determination of the existence of the grounds for divorce and for the determination of issues of alimony, child support, and child custody and other issues is authorized but not required. Referred to Committee on Special Judiciary.
HB 266. By Representatives Porter of the 119th, Jackson of the 9th, Smyre of the 92nd and others:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for a notice of suspension of a driver's license by the court; to change the definition of a habitual violator; to change the time period within which a habitual violator may apply for a probationary driver's license. Referred to Committee on Special Judiciary.
HB 307. By Representatives Buck of the 95th and Stancil of the 66th:
A bill to amend Article 6 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, known as the "Private Colleges and Universities Authority Act", so as to change the compensation of members of the authority; to change the provi sions relating to the disposition of moneys received by the authority. Referred to Committee on Higher Education.
HB 310. By Representative Ramsey of the 3rd:
A bill to amend Chapter 24 of Title 43 of the Official Code of Georgia Annotated, relating to libraries, so as to change the termination date of and to continue the State Board for the Certification of Librarians and the laws relating thereto. Referred to Committee on Education.

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223

HB 285. By Representative Cox of the 141st: A bill to provide a new charter for the Town of Iron City; to provide for incorpo ration, boundaries, and powers of the town.
Referred to Committee on Urban and County Affairs.
HB 286. By Representative Greene of the 130th: A bill to abolish the office of county treasurer of Quitman County.
Referred to Committee on Urban and County Affairs.
HB 287. By Representative Greene of the 130th: A bill to repeal in its entirety an Act providing for the compensation of the trea surer of Quitman County.
Referred to Committee on Urban and County Affairs.
HB 288. By Representative Greene of the 130th: A bill to amend an Act creating the Board of Commissioners of Quitman County, so as to provide for the position of clerk to the board of commissioners.
Referred to Committee on Urban and County Affairs.
HB 293. By Representatives Watson of the 114th and Waddle of the 113th: A bill to amend an Act providing a new charter for the City of Warner Robins in Houston County, so as to change the provisions relating to the composition of the governing authority of Warner Robins and the terms of office of the members of such governing authority.
Referred to Committee on Urban and County Affairs.
HB 295. By Representative Stancil of the 66th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to authorizing Morgan County to levy a tax not exceeding one mill for the purpose of creating a fund to be used in assisting, promoting, and encouraging the location of industries in said county.
Referred to Committee on Urban and County Affairs.
HB 296. By Representative Stancil of the 66th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to the creation of the Oconee County Industrial Development Authority and its powers, authority, funds, purposes, and procedures.
Referred to Committee on Urban and County Affairs.
HB 298. By Representatives Adams of the 79th and Mostiler of the 75th: A bill to create the Pike County Water and Sewerage Authority.
Referred to Committee on Urban and County Affairs.
HB 316. By Representative Harris of the 84th: 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 McDuffie County by the people and providing that the board elect the county school superintendent.
Referred to Committee on Urban and County Affairs.

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HB 317. By Representative Harris of the 84th:
A bill to amend an Act entitled "An Act to incorporate the Town of Dearing, in McDuffie County, and to provide a municipal government for the same, and for other purposes.", so as to provide four-year terms for the mayor and members of the council. Referred to Committee on Urban and County Affairs.
HB 319. By Representatives Hasty of the 8th and Prichard of the 8th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the City of Jasper Industrial De velopment Authority. Referred to Committee on Urban and County Affairs.
HB 320. By Representatives Hasty of the 8th, Prichard of the 8th and Barnett of the 10th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment duly ratified at the general election in 1966, which amendment creates the Cherokee County Development Authority. Referred to Committee on Urban and County Affairs.
HB 321. By Representatives Hasty of the 8th, Prichard of the 8th and Barnett of the 10th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which authorizes the governing authority of Cherokee County to establish and administer fire protection districts and sew erage districts in the unincorporated area of the county. Referred to Committee on Urban and County Affairs.
HB 322. By Representatives Hasty of the 8th, Prichard of the 8th and Barnett of the 10th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment (Res. Act No. 125, H.R. 606-1295, Ga. L. 1968, p. 1545), duly ratified at the general election in 1968, which amendment creates the Cherokee County Airport Authority. Referred to Committee on Urban and County Affairs.
HB 323. By Representatives Hasty of the 8th, Prichard of the 8th and Barnett of the 10th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to the merger of the Can ton Independent School System and the Cherokee County School System into one consolidated school system and provides for the election of the members of the Cherokee County Board of Education. Referred to Committee on Urban and County Affairs.
HB 324. By Representatives Hasty of the 8th and Prichard of the 8th:
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 the mem bers of the Board of Education of Pickens County by the people. Referred to Committee on Urban and County Affairs.

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225

HB 325. By Representatives Hasty of the 8th, Prichard of the 8th and Barnett of the 10th: A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Cherokee County during designated re gistration periods as provided in Code Section 40-2-20.1 of the Official Code of Georgia Annotated, and for other purposes.
Referred to Committee on Urban and County Affairs.
HB 332. By Representatives Aiken of the 21st, Lawler of the 20th, Isakson of the 21st and others: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Powder Springs Downtown Development Authority.
Referred to Committee on Urban and County Affairs.
HB 333. By Representatives Aiken of the 21st, Lawler of the 20th, Isakson of the 21st and others: A bill to provide for a change in the membership of the Powder Springs Down town Development Authority.
Referred to Committee on Urban and County Affairs.
HB 350. By Representative Watts of the 41st: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Paulding County Industrial Building Authority.
Referred to Committee on Urban and County Affairs.
HB 351. By Representative Watts of the 41st: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to the creation of the Paulding County Civil Service System for all those persons, other than elected offi cials, whose salaries or wages are paid in whole or in part from the funds of Paulding County.
Referred to Committee on Urban and County Affairs.
HB 352. By Representative Watts of the 41st: A bill to amend an Act creating a new charter for the City of Dallas, so as to change the term of office of the mayor.
Referred to Committee on Urban and County Affairs.
HB 353. By Representative Watts of the 41st: A bill to amend an Act creating a new charter for the City of Dallas, so as to remove certain territory from the corporate limits of the city.
Referred to Committee on Urban and County Affairs.
The following reports of standing committees were read by the Secretary:
Mr. President:
The Committee on Governmental Operations has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

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SB 154. SB 156. HB 190.

Do pass. Do pass. Do pass.

Respectfully submitted,

Senator Kidd of the 25th District, Chairman

Mr. President:

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

SB 52. Do pass as amended. SB 75. Do pass by substitute.

Respectfully submitted,

Senator Dawkins of the 45th District, Chairman

Mr. President:

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

SB 32. Do pass.

Respectfully submitted,

Senator Deal of the 49th District, Chairman

Mr. President:

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

SB 184. Do pass.

HB 205. Do pass.

SB 185.
SB 186.
HB 149. UHDB ,15, 0n. HB 153.

Do pass.
Do ppass. Do pass. rD.o pass.
Do pass.

^8 206. IHIOB o2n07_. HB 208. HB 21L

Do pass. Do pass. Do pass. Do Pass -

HB 156. Do pass.

HB 260. Do pass.

Respectfully submitted,

Senator Turner of the 8th District, Chairman

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

SB 5. By Senator Kidd of the 25th:
A bill to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to change the age of consent relative to certain sexual offenses; to change the age requirements relative to certain sexual offenses against minors.

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227

| SB 19. By Senator Kidd of the 25th:

|

*

A bill to amend Code Section 49-5-8 of the Official Code of Georgia Annotated,

relating to the powers and duties of the Department of Human Resources, so as

to raise the limit of financial assistance which may be paid to families adopting

children who would otherwise remain in foster care at state expense; to provide

an effective date.

SB 20. By Senator Kidd of the 25th:
A bill to amend Chapter 11 of Title 15, relating to juvenile proceedings, so as to change the definition of the term "child"; to change the provisions relating to the jurisdiction of the juvenile court; to change the provisions relating to the place of detention of children alleged to be delinquent, unruly, or deprived.

SB 47. By Senator Barnes of the 33rd:
A bill to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers, so as to change provisions relating to liability insurance for and indemnification of public officers, officials, and employees; to clarify which of ficers, officials, and employees may be covered.

SB 81. By Senators Langford of the 35th, Coverdell of the 40th, Scott of the 36th and

:V

others:

I

A bill to amend Chapter 10 of Title 36 of the Official Code of Georgia Annotated,

;

relating to public works contracts, so as to provide that in any county of this

state having a population of 550,000 or more according to the United States de

cennial 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.

SB 82. By Senators Langford of the 35th, Coverdell of the 40th, Scott of the 36th and others:
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, as amended, so as to create the position of senior judge of any such court; to provide the qualifications for said position; to provide for the duties of such senior judges.

SB 83. By Senators Langford of the 35th, Coverdell of the 40th, Scott of the 36th and others:
A bill to amend Chapter 41 of Title 36 of the Official Code of Georgia Annotated, known as the "Urban Residential Finance Authorities Act for Large Municipali ties" (municipalities of this state having a population of 400,000 or more accord ing to the United States decennial census of 1980 or any future such census), so as to change the provisions relating to certain definitions.

: SB 84. By Senators Langford of the 35th, Coverdell of the 40th, Scott of the 36th and

:,

others:

;i

A bill to amend an Act fixing the compensation of the board of commissioners of

>

counties having a population of 550,000 or more according to the United States

:>

decennial census of 1970 or any future such census, as amended, so as to change

4

the provisions relating to the United States decennial census used for the popula

tion classifications of such counties.

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JOURNAL OF THE SENATE

SB 85. By Senators Langford of the 35th, Coverdell of the 40th, Scott of the 36th and others:
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.
SB 91. By Senator Allgood of the 22nd:
A bill to amend Code Section 40-5-55 of the Official Code of Georgia Annotated, relating to certain chemical tests administered to determine the alcoholic or drug content of certain persons who operate motor vehicles, so as to require that such chemical tests shall be administered as soon as possible to any person who oper ates a motor vehicle upon the highways or elsewhere throughout this state who is involved in any traffic accident resulting in serious injuries or fatalities.
SB 92. By Senators Hine of the 52nd and Dawkins of the 45th:
A bill to amend Code Section 40-5-55 of the Official Code of Georgia Annotated, relating to implied consent to chemical tests and suspension of drivers' licenses for refusal to submit to tests, so as to provide that the sworn report of a law enforcement officer regarding the refusal of an arrested person to submit to chemical tests shall be transmitted to the Department of Public Safety within ten days after the date of the arrest of such person.
SB 107. By Senators Gillis of the 20th, Barnes of the 33rd, Dean of the 31st and others:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to delete the reference to fees charged for hunting and fish ing in designated streams, lakes, or game management areas in Code Section 271-4; to increase the amount of license fees which may be retained by license agents.
SB 130. By Senator Deal of the 49th:
A bill to amend Part 3 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Lake Lanier Islands Development Authority, so as to provide additional authorization for the adoption and enforcement of reasonable ordinances by the authority; to provide additional authorization for the appointment of security officers.
SB 131. By Senator Deal of the 49th:
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 magistrate courts shall have jurisdiction over the trial of charges of violations of penal ordinances of state authorities; to provide for practice and procedure with respect to such matters; to provide that this Act shall not grant to any state authority more power than it otherwise has to enact or enforce such ordinances.
SB 148. By Senators Peevy of the 48th and Deal of the 49th:
A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change definitions; to re move the original jurisdiction of the juvenile courts over certain juvenile capital crimes; to change the provisions relating to taking into custody, detaining, and releasing certain children accused of committing juvenile capital crimes.

FRIDAY, JANUARY 30, 1987

229

SB 160. By Senators Kennedy of the 4th and Coleman of the 1st:
A bill to amend Article 1 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to general provisions affecting the Department of Transpor tation, so as to provide that an employee of the Department of Transportation who is injured in the line of duty by an act of external violence, accident, or injury shall be entitled to regular compensation for the period of time that the employee is physically unable to perform the duties of his employment.

SB 176. By Senator Peevy of the 48th:
A bill to amend Code Section 36-15-9 of the Official Code of Georgia Annotated, relating to the collection of additional costs in court cases for law libraries, so as to authorize the collection of such costs in a recorder's court of a county if the county governing authority approves the charging and collecting of such costs; to provide an effective date.

SR 33. By Senators Perry of the 7th and Turner of the 8th:
A resolution transferring the ownership of a certain structure owned by the Geor gia Forestry Commission to the Clinch County Board of Commissioners; to pro vide an effective date.

HB 33. By Representatives Chambless of the 133rd, Thomas of the 69th, Waldrep of the 80th and Thompson of the 20th:
A bill to amend Code Section 17-3-1 of the Official Code of Georgia Annotated, relating to limitation periods for criminal prosecutions generally, so as to provide that prosecution for felonies committed against victims who are at the time of commission under the age of 14 years or who are incompetent must be com menced within ten years after the commission of the crime.

HR 25. By Representatives Pinkston of the 100th, Steinberg of the 46th, Groover of the 99th, Murphy of the 18th, Richardson of the 52nd and others:
A resolution commending Honorable Viola Ross Napier and authorizing the plac ing of her portrait in the State Capitol Building.

HR 69. By Representatives Wood of the 9th, Lawson of the 9th, Jackson of the 9th and others:
A resolution urging the President and Congress to take action necessary to reauthorize the Clean Water Act.

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

Albert Allgood Baldwin Barker Bowen Brannon Bryant Burton Crumbley Dawkins Dean Echols Edge English

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

Langford McGill McKenzie Newbill Olmstead Peevy Perry Phillips Ragan Ray Scott of 2nd Shumake Stumbaugh Timmons

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JOURNAL OF THE SENATE

Tolleson Turner

Tysinger

Walker

Those not answering were Senators:

Barnes Broun of 46th Brown of 47th Coleman

Coverdell Deal Engram

Scott of 36th Starr Tate (excused)

Senator Echols of the 6th introduced the chaplain of the day, Reverend lan Johns, pastor of Offerman Church of God, Offerman, Georgia, who offered scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 65. By Senator Ray of the 19th: A resolution commending the Nicholls High School Math Team.

SR 66. By Senator Ray of the 19th:
A resolution congratulating Mr. and Mrs. Daniel Nobles on the occasion of their fiftieth wedding anniversary.

SR 68. By Senators Bowen of the 13th, Harris of the 27th, Ragan of the 10th and others:
A resolution commending the firefighters of Georgia on their Fifteenth Annual Firemen's Recognition Day.

SR 71. By Senators Hine of the 52nd, Broun of the 46th, Huggins of the 53rd and others:
A resolution proclaiming November as Diabetes Awareness Month.

Senator Garner of the 30th moved that the following resolution of the Senate be with drawn from the Senate Committee on Special Judiciary and committed to the Senate Com mittee on Corrections:

SR 21. By Senators Barnes of the 33rd, McKenzie of the 14th and Dean of the 31st:
A resolution proposing an amendment to the Constitution so as to provide for mandatory sentences of imprisonment for persons convicted of trafficking or con spiring to traffic in certain illegal drugs and controlled substances and to provide for other matters relative thereto; to provide for the submission of this amend ment for ratification or rejection.

On the motion, the yeas were 31, nays 0; the motion prevailed, and SR 21 was with drawn from the Senate Committee on Special Judiciary and committed to the Senate Com mittee on Corrections.

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

SENATE LOCAL CONSENT CALENDAR
Friday, January 30, 1987 TENTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.)

FRIDAY, JANUARY 30, 1987

231

SB 184 Huggins, 53rd City of Linwood Walker County
Amends Act creating new charter for city; changes date set for city elections; changes manner of elections; changes manner of selecting clerk, marshal, and treasurer; changes authority of mayor with regard to police of town.
SB 185 Huggins, 53rd City of Trenton Dade County
Re-incorporates and provides new charter for city; provides related matters.
SB 186 Hudgins, 15th Land, 16th Muscogee County
Amends Act creating Muscogee County School District; provides for composi tion of Muscogee County Board of Education; provides for education dis tricts; provides for nonpartisan election of members from education districts; provides for terms of office and procedures.
HB 149 Perry, 7th City of Tifton Tift County
Amends Act providing new charter; changes name of Recorder's Court of city to Municipal Court of city.
HB 150 Perry, 7th City of Tifton Tift County
Provides that homestead of each resident of city actually occupied by owner as a residence and homestead, but only so long as actually occupied by owner primarily as such, is exempted in amount of $6,000.00 of its value from all city ad valorem taxes, except levied by City of Tifton for payment of interest on and retirement of bonded indebtedness.
HB 153 McGill, 24th Oglethorpe County
Amends Act consolidating offices of tax receiver and tax collector of county into office of tax commissioner of county; abolishes present mode of compen sating tax commissioner of county, known as fee system; provides in lieu thereof an annual salary supplement.
HB 156 Ray, 19th City of Douglas Coffee County
Continues amendment creating Douglas-Coffee County Industrial Authority.
HB 205 Ray, 19th Bleckley County
Continues amendment providing for election of members of Board of Educa tion of county from education districts and provides for other matters rela tive thereto.

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JOURNAL OF THE SENATE

HB 206 Ray, 19th Bleckley County
Amends Act creating office of commissioner of county; changes provisions re lating to compensation of commissioner.

HB 207 Ray, 19th Bleckley County
Provides for nonpartisan nomination and election of members of Board of Education of county upon expiration of regular terms of office.

HB 208 Ray, 19th City of Cochran Bleckley County
Continues amendment creating Bleckley-Cochran Industrial Development Authority.

HB 211 Barker, 18th City of Perry Houston County
Amends Act re-incorporating and providing new charter for city; provides that city shall have and shall be authorized to exercise all redevelopment powers and other powers which are granted or authorized to be granted to municipalities pursuant to the "Redevelopment Powers Law".

HB 260 Timmons, llth City of Cuthbert Randolph County
Grants municipal governing authority of city express legislative authority to close, vacate, and convey by deed certain described real property.
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 Broun of 46th Brown of 47th Bryant Burton Coverdell Crumbley Deal Dean Echols Edge

English Fincher Foster Garner Harris Hine Holloway Howard Hudgins Huggins Kennedy Kidd Land Langford

McGill Newbill Olmstead Peevy Phillips Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tolleson Turner Tysinger Walker

FRIDAY, JANUARY 30, 1987

233

Those not voting were Senators:

Barker Bowen Brannon Coleman
Dawkins

Engram Gillis Harrison McKenzie
Perry

Ragan j^av
Tate (excused) Timmons

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

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

SENATE CALENDAR
Friday, January 30, 1987
TENTH LEGISLATIVE DAY
HB 23 Official Code of Georgia--correct certain errors (JUDY-49th)
HB 26 Title 21 (Elections)--correct errors and omissions (JUDY-49th)
HB 2 Supplementary Appropriations--for year ending 6/30/87 (SUBSTITUTE)(AMENDMENT) (APPROP--12th)
SB 27 Public Officers Recall Act--change certain definitions (SUBSTITUTE) (GOV OP--25th)
SB 28 Employee Injured in Line of Duty--compensation for period of time (GOV OP--25th)
SB 39 Incarceration Cost--provide for medical service cost reimbursement to county (AMENDMENT) (CORR--llth)
SB 71 Write-in Candidates--votes not counted unless requisites are complied with (GOV OP--51st)
SB 102 Counties--life, disability insurance, retirement coverage for elected county of ficers (U&CA G--33rd)
SB 106 Sheriffs--minimum annual salaries (GOV OP--25th)
SB 118 Future Public Road--when property may be acquired (TRANS--1st)
SB 123 Residential Finance Authority--change legislative findings (U&CA G--8th)
SB 124 Merit System Employees--utilizing accumulated sick leave (AMENDMENT) (GOV OP--25th)
SB 141 Municipal Courts--may try cases regarding serving alcoholic beverages to under age persons (U&CA G--29th)
SB 142 Over-Payment of Fines Owed as Condition of Probation--when not refunded (CORR--30th)
SB 143 Certain Prison Employees--assist local governments when requested (AMEND MENT) (CORR--30th)
SB 144 Probationer in Violation of Terms of Probation--tolling of the sentence (CORR--30th)
SB 145 State Employees Health Insurance--continuing coverage upon retirement (GOV OP--30th)
SB 146 Board of Corrections--provisions on quorum for business transaction (CORR--30th)
SR 7 General Assembly Members--change provisions on election and terms (GOV OP--25th)
SR 23 Arts Development Fund--create (GOV OP--25th)

234

JOURNAL OF THE SENATE

!

HB 105 Motor Vehicle Staggered Registration--change registration periods (TRANS

>

--31st)

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

HB 23. By Representatives Thomas of the 69th, Chambless of the 133rd and Waldrep of the 80th:
A bill to amend the Official Code of Georgia Annotated, so as to correct typo graphical, stylistic, capitalization, punctuation, and other errors and omissions in the Official Code of Georgia Annotated.
Senate Sponsors: Senators Deal of the 49th and Hine of the 52nd.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Brannon Broun of 46th BDBn rroywannt. off 47th f-r^t Burton Coleman Coverdell
Crumbley
Deal
Dean Echols

Edge Fincher Foster Garner Harris Harrison H,HT_T,om- l,,leoway Howard Hudgins Huggins
Kennedy
Kidd
Land Langford

McGill Newbill Olmstead Peevy Phillips ~,tt r.f 9nrl cS0 ,co.tt. U o,ffl 3^,,I,6-I.U t,h, f umake btarr Stumbaugh Tolleson Turner
Tysinger Walker

Those not voting were Senators:

Barker Bowen Dawkins English

Engram Gillis McKenzie Perry

Ragan Ray Tate (excused) Timmons

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

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

HB 26. By Representatives Thomas of the 69th, Chambless of the 133rd and Waldrep of the 80th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions in Title 21 of the Official Code of Georgia Annotated, and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated.
Senate Sponsor: Senator Deal of the 49th.

FRIDAY, JANUARY 30, 1987

235

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Brannon Brown of 47th Bryant Burton Coleman Crumbley Deal Dean Echols

Edge Fincher Foster Garner Harris Harrison Mine Holloway Howard Hudgins Muggins Kennedy Kidd

Land Langford McGill Newbill Olmstead Peevy Scott of 2nd Scott of 36th Starr Stumbaugh Tolleson Turner Tysinger

Those not voting were Senators:

Barker Bowen BCorovuenrdeolfl 46th
Dawkins
English

Engram Gillis MPecrKryenzie
Phillips
Ragan

Ray Shumake ,,Tat,e (, excused,),
Timmons
Walker

On the passage of the bill, the yeas were 39, nays 0.

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

HB 2. By Representatives McDonald of the 12th, Murphy of the 18th, Walker of the 115th, Lee of the 72nd, Connell of the 87th and others:
A bill to provide supplementary appropriations for the State Fiscal Year ending June 30, 1987, in addition to any other appropriations heretofore or hereafter made for the operation of state government and the purposes provided for herein.
Senate Sponsor: Senator Holloway of the 12th.

Senator Starr of the 44th assumed the Chair at the direction of the President.

The Senate Committee on Appropriations offered the following substitute to HB 2:

A BILL
To be entitled an Act to amend an Act providing appropriations for the State Fiscal Year 1986-1987 known as the "General Appropriations Act", approved April 11, 1986 (Ga. L. 1986, p. 1337), so as to add certain appropriations and authorizations for the State Fiscal Year 1986-1987; to make language and other changes; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing appropriations for the State Fiscal Year 1986-1987, known as the "General Appropriations Act," approved April 11, 1986 (Ga. L. 1986, p. 1337), is

236

JOURNAL OF THE SENATE

amended by striking Sections 93, 94, and 95 and by substituting in lieu thereof the following:

"PART IV. ADDITIONAL EXECUTIVE BRANCH APPROPRIATIONS

Section 93. The Department of Administrative Services and the Georgia Building Au thority are authorized and directed to increase real estate rental rates by no more than ten percent, effective January 1, 1987.

Section 94. Department of Community Affairs, for a one-time, non-recurring grant to

Whitfield County for the construction of a carpet exposition facility at Dalton, Georgia.

STATE APPROPRIATION

$5,800,000

Section 95. Department of Agriculture, for Capital Outlay. STATE APPROPRIATION

$850,000

Section 96. Forestry Commission, for Capital Outlay and Cost of Operations. STATE APPROPRIATION

$1,533,000

Section 97. The Merit System of Personnel Administration is authorized and directed to utilize a 3.75 percent employer contribution rate for health insurance for the final five months of State Fiscal Year 1987.

Section 98. Department of Natural Resources, for park improvements and for planning park improvements. STATE APPROPRIATION
Section 99. State of Georgia General Obligation Debt Sinking Fund (New). STATE APPROPRIATION

$235,000 $36,839,000

Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, the following amounts are specifically appropriated for debt service for the purpose of financing the projects listed below, through the issuance of Gen eral Obligation Debt in principal amounts of not more than the amounts listed below for each project.

DEBT SERVICE

PROJECT

PRINCIPAL AMOUNT

126,000 5,616,000
543,000 10,800,000
1,200,000 504,000
3,312,000
460,000 2,000,000 2,300,000 2,450,000 1,700,000
430,000 2,350,000
720,000 720,000 480,000

Fine Arts Building at North Georgia College Murray Road Extension in Richmond County Railroad Relocation at Montezuma Appalachian Highway, Corridor Z and 1-75
Interchange Developmental Highways Little Ocmulgee Lodge and Conference Center Probation Detention Centers in Evans, Dougherty,
Taylor, Laurens, Union and Jackson counties Jekyll Island Tennis Center and Water Fun Park Buford Prison Chattooga Prison University of Georgia Biosciences Center Office Building for Department of Labor Argicenter Construction in Houston County New Hotel and Facilities at Stone Mountain Park Red Top Mountain Park Sandy Creek Park Park land acquisition in North Georgia

525,000 23,400,000 2,260,000 45,000,000
5,000,000 2,100,000 13,800,000
4,600,000 20,000,000 23,000,000 24,500,000 17,000,000 4,300,000 23,500,000 3,000,000 3,000,000 2,000,000

FRIDAY, JANUARY 30, 1987

237

397,200 511,200

Cattle farm in Toombs County, provided that no prison shall ever be constructed thereon
Parking facility for Georgia World Congress Center

1,655,000 2,130,000

Section 100. TOTAL STATE APPROPRIATION FOR STATE FISCAL YEAR 1987

$5,361,037,400

Section 101. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 102. All laws and parts of laws in conflict with this Act are repealed,"

Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Starr of the 44th offered the following amendment:

Amend the substitute to HB 2 offered by the Senate Committee on Appropriations by inserting on page 3, line 18, after the word "building" the following:
"acquisition and renovation".

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

Senator Coverdell of the 40th offered the following amendment:

Amend the substitute to HB 2 offered by the Senate Committee on Appropriations by deleting on page 1, lines 22 through 27 in their entirety.

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

Those voting in the affirmative were Senators:

Burton Coverdell Dawkins Edge

Garner Harrison Land Newbill

Those voting in the negative were Senators:

Phillips Tolleson Tysinger

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun of 46th Brown of 47th Bryant Coleman Crumbley Deal Dean

Echols English Fincher Foster Gillis Harris Hine Holloway Howard Hudgins Huggins Kennedy Kidd Langford

McGill McKenzie Olmstead Peevy Perry Ragan Ray Scott of 2nd Scott of 36th Shumake Stumbaugh Timmons Turner Walker

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JOURNAL OF THE SENATE

Those not voting were Senators:

Engram

Starr (presiding)

Tate (excused)

On the adoption of the amendment, the yeas were 11, nays 42, and the amendment offered by Senator Coverdell of the 40th was lost.

The President resumed the chair.

On the adoption of the substitute, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Brown of 47th Bryant Crumbley Dawkins Deal Dean Echols

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

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

Those voting in the negative were Senators:

Burton Coverdell Edge

Harrison Newbill Phillips

Tolleson Tysinger

Those not voting were Senators:

Broun of 46th Coleman

Engram Olmstead

Shumake Tate (excused)

On the adoption of the substitute, the yeas were 42, 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 Barnes Bowen Brannon Broun of 46th Brown of 47th Bryant

Coleman Crumbley Dawkins Deal Dean Echols English Fincher Foster Garner

Gillis Hine Holloway Howard Hudgins Huggins Kennedy Kidd Land Langford

FRIDAY, JANUARY 30, 1987

239

McGill McKenzie Olmstead Peevy Perry

Ragan Ray Scott of 2nd Scott of 36th Shumake

Those voting in the negative were Senators:

Starr Stumbaugh Timmons Turner Walker

Burton Coverdell Edge

Harrison Newbill Phillips

Those not voting were Senators:

Tolleson Tysinger

Engrara

Harris

Tate (excused)

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

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

SB 27. By Senator Kidd of the 25th:

A bill to amend Chapter 4 of Title 21 of the Official Code of Georgia Annotated, known as the "Public Officers Recall Act," so as to change the definitions of cer tain terms; to provide that applications for recall petitions shall be numbered; to require election superintendents to maintain records of applications for recall pe titions; to provide time limitations on when applications for recall petitions may be accepted for verification.

The Senate Committee on Governmental Operations offered the following substitute to SB 27:

A BILL
To be entitled an Act to amend Chapter 4 of Title 21 of the Official Code of Georgia Annotated, known as the "Public Officers Recall Act," so as to change the definitions of certain terms; to change the provisions relating to applications for recall petitions; to pro vide that applications for recall petitions shall be numbered; to require election superin tendents to maintain records of applications for recall petitions; to provide time limitations on when applications for recall petitions may be accepted for verification; to provide that a recall petition form may be signed only in the office of the election superintendent; to pro vide additional authority to the election superintendent to facilitate the verification of ap plications for recall petitions and recall petitions; to change the procedures relative to the signing of recall petitions; to change the provisions relating to the withdrawal of signatures from recall petitions; to delete certain provisions relating to the circulation of recall peti tions; to clarify certain provisions relating to the nullification of signatures on applications for recall petitions and recall petitions; to authorize the judge of the superior court to grant an additional period of time for the election superintendent to verify an application for a recall petition; to change the provisions relating to the period during which a recall petition will be accepted; to change the provisions relating to the determination by the election su perintendent of the legal sufficiency of a recall petition; to provide for the filing of subse quent recall petitions against an officer following the filing of an insufficient recall petition against such officer; to change the provisions relating to holding special elections when of ficeholders resign prior to certification of the sufficiency of recall petitions; to change certain provisions relating to campaign and financial disclosure requirements; to provide for a time as of which the eligibility will be determined as to certain signatures; to repeal conflicting laws; and for other purposes.

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JOURNAL OF THE SENATE

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 4 of Title 21 of the Official Code of Georgia Annotated, known as the "Public Officers Recall Act," is amended by striking in its entirety Code Section 21-4-3, relating to definitions under the "Public Officers Recall Act," and inserting in lieu thereof a new Code Section 21-4-3 to read as follows:
"21-4-3. As used in this chapter, the term:
(1) 'Elected county school board members' and 'elected county school superintendents' shall be considered county officers.
(2) 'Elected education board members' and 'elected school superintendents' of any inde pendent school system shall be considered municipal officers.
(3) 'Election superintendent' means:
(A) In the case of all elected state officers, the Secretary of State:
(B) In the case of all elected county officers, the county board of elections, if a county has such, or the judge of the probate court, provided that, if such judge of the probate court is the officer sought to be recalled, then the election superintendent shall be the clerk of the superior court; and
(C) In the case of all elected municipal officers, the municipal clerk or municipal board of elections or municipal election superintendent if the municipality has such a board or election officer.
(4) 'Elector' means any person who possesses all of the qualifications for voting now or hereafter prescribed by the laws of this state and who has registered in accordance with Chapter 2 or 3 of this title.
(5) 'Electoral district' means the area in which the electors reside who are qualified to vote for any of the candidates offering for a particular office.
(6) 'Official sponsors' or 'sponsors' means the electors who file an application for a recall petition who were registered and eligible to vote in the last general election for the office held by the officer sought to be recalled and who reside in the electoral district of the officer sought to be recalled."
Section 2. Said chapter is further amended by striking in its entirety Code Section 21-45, relating to applications for recall petitions, and inserting in lieu thereof a new Code Sec tion 21-4-5 to read as follows:
"21-4-5. (a) No application for a recall petition may be filed during the first 180 days or during the last 180 days of the term of office of any public official subject to recall.
(b) (1) The application shall include:
(A) The name and office of the person sought to be recalled;
(B) The printed names and signatures of the official sponsors, the date signed, residence addresses, and the name of the county of residence; and
(C) The designation of one of the sponsors as the petition chairman who shall represent the sponsors on all matters pertaining to the recall application and petition.
(2) Applications shall be issued by the election superintendent who shall assign a num ber to each application. Such number shall appear on the face of each application. The election superintendent shall keep records of applications issued, including the date of issu ance and number assigned.
(3) The official application forms shall be printed by the office of the Secretary of State in substantially the form prescribed in this subsection, and distributed to election superintendents.
(c) The number of official sponsors necessary to file an application for a recall petition must be equal in number to at least 100 electors or equal in number to at least 10 percent of

FRIDAY, JANUARY 30, 1987

241

the number of electors who were registered to vote at the last preceding general election for any of the candidates offering for the office held by the public official sought to be recalled, whichever is smaller.
(d) Sponsors of a recall petition shall submit the application for the petition to the election superintendent designated in Code Section 21-4-3 and request official recall petition forms to be made available as required in this Code section.
(e) At any time prior to the date the election superintendent receives the application for a recall petition, an elector who has signed the application as an official sponsor may request withdrawal of his signature from the application by executing and filing an affidavit signed and sworn to before a notary public which affirms the elector's intention to withdraw his signature from the application. The official affidavit of signature withdrawal shall be printed by the office of Secretary of State and distributed to election superintendents. The form of the affidavit shall be substantially as prescribed in Code Section 21-4-8.
(f) (1) No application for a recall petition shall be accepted for verification if more than 30 days have elapsed since the application forms were issued to the sponsors.
(2) On receipt of the application, the election superintendent shall determine the legal sufficiency of the application and determine if the signers are qualified electors eligible to sign the application. The election superintendent is granted unrestricted authority to ex amine the registration records maintained by the board of registrars, to receive evidence and testimony, and to require the personal appearance of any person signing such application for the purpose of making such determination. If the election superintendent finds that any signer is not a qualified elector eligible to sign the application, such signature shall not be counted in determining whether the application contains a sufficient number of signatures as required by law. The nullification of a signature on an application shall not affect the validity of other signatures contained in such application. The election superintendent shall certify the legal sufficiency or insufficiency of the application for a recall petition within five days after receiving the application, excluding Saturdays, Sundays and legal holidays; pro vided, however, that the judge of the superior court may, upon proper application and good cause shown, grant an additional period of time not to exceed 15 days for the election super intendent to verify the application.
(g) No application for a recall petition shall be amended, supplemented, or returned after it has been accepted by the election superintendent for verification.
(h) Upon certifying the legal sufficiency of the application, the election superintendent shall immediately officially file the application, assign a number to the recall petition, which number shall appear on the face of each petition form, issue that number to the sponsors, and provide official recall petition forms in the office of the election superintendent and, in the case of recall petitions for state offices, provide official recall petitions to the election superintendent of each county in which the recall petition is applicable. A record of each application, including the date of its receipt and the number assigned and issued to the sponsors, shall be maintained by the election superintendent. A recall petition form may be signed only in the office of the election superintendent; provided, however, that with respect to state offices, the recall petition form may be signed in the office of the election superin tendent of each county in which the recall petition is applicable.
(i) The election superintendent shall immediately notify in writing the public officer named for recall in the application that a recall petition has been officially issued for circulation.
(j) The official recall petition forms shall be printed by the office of Secretary of State and distributed to election superintendents. The form of the petition shall be as provided in Code Section 21-4-6."
Section 3. Said chapter is further amended by striking in its entirety Code Section 21-4-

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7, relating to electors eligible to sign a recall petition, and inserting in lieu thereof a new Code Section 21-4-7 to read as follows:
"21-4-7. (a) All signers of a single recall petition shall be electors who are registered and eligible to vote in the recall election and who reside in the electoral district of the officer sought to be recalled. When a petition for the recall of a public official is provided in more than one county, each sheet of the petition shall bear the name of the county in which it is placed, and only electors of the designated county may sign such sheet.
(b) Every elector signing a recall petition shall do so in the presence of the election superintendent or his designee in the office of the election superintendent. At the time of signing, the elector shall sign his name, and such elector or the election superintendent or his designee shall print the name of the elector below the elector's signature and shall print or write in the appropriate spaces following the signature the elector's residence address, giving number and street or route and city, the name of the county, and the date on which the elector signed the petition.
(c) If an elector is incapable of signing his own name, he may make his mark and specif ically request the election superintendent or his designee to sign and print his name and complete the information required on the petition sheet to accompany the signature.
Section 4. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 21-4-8, relating to procedure for withdrawal of signature from application for recall petition or recall petition, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) At any time prior to the date an application for recall petition is filed for verifica tion or prior to the expiration of the time period provided in subsection (b) of Code Section 21-4-10 after a recall petition has been provided in the office of the election superintendent, an elector who has signed the application or the recall petition form may request withdrawal of his signature from the application or recall petition by executing and filing an affidavit, in the form prescribed by this Code section, with the election superintendent. Any signature so withdrawn shall not be counted in determining the legal sufficiency of the application or recall petition. The affidavit shall:
(1) Be signed and sworn to before a notary public;
(2) State the elector's residence address, giving number and street or route and city, the name of the county of residence, and, in the case of a recall petition, the number of the petition which he signed; and
(3) Affirm the elector's intention to withdraw his signature from the application or re call petition."
Section 5. Said chapter is further amended by striking in its entirety Code Section 21-49. relating to persons who may circulate a recall petition, which Code section reads as follows:
"21-4-9. No registration officer or other person authorized by law to register electors and no person other than an elector of the electoral district of the officer sought to be recal led shall circulate a recall petition. No employee of the state shall circulate a recall petition. All signatures obtained by any such unqualified person shall be void and shall not be counted in determining the legal sufficiency of the petition.",
and inserting in lieu thereof the following:
"21-4-9. Reserved."
Section 6. Said chapter is further amended by striking in its entirety Code Section 21-410. relating to the legal sufficiency of a recall petition, and inserting in lieu thereof a new Code Section 21-4-10 to read as follows:
"21-4-10. (a) The election superintendent shall be responsible for determining the legal sufficiency of the recall petition within 30 days after the expiration of the appropriate time

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243

period as provided in subsection (b) of this Code section; provided, however, that in cases where more than one recall petition is subject to review for verification, the election superin tendent shall be responsible for determining the legal sufficiency of any recall petition within 45 days after the expiration of the appropriate time period as provided in subsection (b) of this Code section. The election superintendent or his designee is granted unrestricted authority to examine the registration records maintained by the board of registrars, to re ceive evidence and testimony, and to require the personal appearance of any person signing such recall petition.
(b) A recall petition for a state-wide office shall be required to have the requisite num ber of signatures provided in paragraph (1) of subsection (b) of Code Section 21-4-4 within 90 days of the date the official recall petition forms were issued by the Secretary of State to the election superintendent; a recall petition for any state officer whose electoral district encompasses only a part of the state or for any local officer who is elected by the electors of a single municipality or county shall be required to have the requisite number of signatures provided in paragraph (2) of subsection (b) of Code Section 21-4-4 within 45 days of the date the official recall petition forms were issued by the Secretary of State to the election superintendent; and a recall petition for any local officer who is elected solely by the electors of an electoral district within a municipality or county shall be required to have the requi site number of signatures provided in paragraph (2) of subsection (b) of Code Section 21-4-4 within 30 days of the date the official recall petition forms were provided in the office of the election superintendent.
(c) No recall petition shall be amended or supplemented after the expiration of the time period provided in subsection (b) of this Code section.
(d) Within five days, excluding Saturdays, Sundays, and legal holidays, after the elec tion superintendent has certified the legal sufficiency of a petition, he shall immediately notify the Governor or the appropriate official, who shall call the recall election as provided in Code Section 21-4-12. If the recall petition is not legally sufficient, the election superin tendent shall refuse to certify the petition and the provisions of subsection (b) of Code Section 21-4-13 shall apply.
(e) Upon certifying the legal sufficiency or insufficiency of a recall petition, the election superintendent shall immediately notify the petition chairman and the officeholder in writ ing of the results and officially file the petition."
Section 7. Said chapter is further amended by striking in its entirety Code Section 21-411, relating to the holding of a special election when the officeholder resigns subsequent to the filing of a recall petition, and inserting in lieu thereof a new Code Section 21-4-11 to read as follows:
"21-4-11. If an officeholder resigns subsequent to the filing of an application for a recall petition or within five days following the certification of the sufficiency of a recall petition, no recall election shall be conducted; and the appropriate state or local official shall call a special election to fill the vacancy within ten days after the date of acceptance of the resig nation. If no official is specifically designated by law or if the appropriate official has re signed as provided in this Code section, the Governor shall issue the call for a special elec tion to fill the vacancy created by the resignation. The special election shall be held at least 30 days but not more than 45 days following the call."
Section 8. Said chapter is further amended by striking in its entirety Code Section 21-413, relating to the filing of subsequent recall petitions against officers following recall elec tions, and inserting in lieu thereof a new Code Section 21-4-13 to read as follows:
"21-4-13. (a) After a recall petition and election, no further recall petition shall be filed against the same officer until at least six months have elapsed from the date of the previous recall election; and any other recall petitions outstanding on the date of the recall election shall be void.
(b) If the election superintendent finds that a recall petition is insufficient and fails to verify the same, no further application for a recall petition shall be filed against the same

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officer until at least six months have elapsed from the date of the denial of such recall petition; provided, however, that such finding of insufficiency shall not bar the verification of any other recall petition which is available for signature or pending verification at the time of such finding of insufficiency."
Section 9. Said chapter is further amended by striking in its entirety Code Section 21-415, relating to campaign and financial disclosure requirements with respect to recall peti tions, and inserting in lieu thereof a new Code Section 21-4-15 to read as follows:
"21-4-15. Any sponsors of a recall petition under this chapter shall be subject to Chap ter 5 of this title, the 'Ethics in Government Act,' in the same manner as candidates; and the petition chairman shall file the reports required to be filed under said chapter and shall be subject to the same restrictions, qualifications, and provisions contained in such chapter."
Section 10. Said chapter is further amended by adding after Code Section 21-4-17 a new Code section to read as follows:
"21-4-17.1. An elector's eligibility to sign an application for a recall petition or a peti tion for recall shall be determined as of the date immediately preceding the date the appli cation or petition is signed by that elector."
Section 11. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 29, nays 0, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Brannon Broun of 46th Brown of 47th Bryant Burton Coverdell Crumbley Dawkins Deal Dean Echols

Edge English Fincher Foster Garner Harris Harrison Hine Howard Huggins Kennedy Kidd Land Langford McGill McKenzie

Newbill Olmstead Peevy Perry Phillips Ragan Ray Scott of 2nd Shumake Starr Stumbaugh Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Bowen Coleman Engram

Gillis Holloway Hudgins

Scott of 36th Tate (excused)

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

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

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245

Senator Timmons of the llth introduced the doctor of the day, Dr. David Wetherby, of Fort Gaines, Georgia.

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

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

SB 28. By Senator Kidd of the 25th:
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 state employee injured in the line of duty shall be entitled to his regular compensation for the period of time that any such state employee is physically unable to perform the duties of his employment.

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

On the passage of the 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 Coleman Crumbley Dawkins Deal Dean

Echols English Fincher Foster Gillis Harris Holloway Howard Huggins Kidd Land Langford McGill McKenzie

Olmstead Peevy Perry Phillips Ragan Ray Scott of 2nd Scott of 36th Shumake Starr Turner Tysinger Walker

Those voting in the negative were Senators:

Coverdell Edge Harrison

Hine Newbill

Stumbaugh Tolleson

Those not voting were Senators:

Bowen Brannon Engram

Garner Hudgins Kennedy (presiding)

Tate (excused) Timmons

On the passage of the bill, the yeas were 41, nays 7.

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

SB 39. By Senator Timmons of the llth:
A bill to amend Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to pardons, paroles, and other relief of persons convicted of

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crimes, so as to provide that costs of medical services may be included in the reimbursement paid by the State Board of Pardons and Paroles to counties for costs of incarceration of persons arrested pursuant to warrants of the board.

The Senate Committee on Corrections offered the following amendment: Amend SB 39 by striking from Section 1 on line 1 of page 2 the following: "on or after January 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.

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Brannon Broun of 46th Brown of 47th
Coleman Crumbley Dawkins Deal Dean Echols

Edge Foster Garner Gillis Harris Holloway Howard
Huggins Kidd Land Langford McGill McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan Ray Scott of 2nd
Scott of 36th Stumbaugh Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Barker
Bowen Coverdell English Engram

Fincher Harrison
Hlne Hudgins

Kennedy (presiding) Shumake
Starr Tate (excused)

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

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

SB 71. By Senator Brannon of the 51st:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that the names of write-in candidates for whom the notice of intention of candidacy has not been provided in compliance with other provisions of law shall not be counted, tabulated, or certified; to provide an effec tive date.

Senator Broun of the 46th offered the following amendment: Amend SB 71 by striking from line 2 on page 1 the following: "Annotated, relating to elections, so as to provide that the",

FRIDAY, JANUARY 30, 1987

247

and inserting in its place the following:
"Annotated, relating to elections, so as to provide that in the event there is no opposed candidate in a precinct in a special or general election, no special or general election shall be held unless a write-in candidate has qualified or unless there are issues to be submitted to the electorate; to provide that the".
By striking from line 10 on page 1 the following:
"Georgia Annotated, relating to elections, is amended by",
and inserting in its place the following:
"Georgia Annotated, relating to elections, is amended by striking Code Section 21-2291, relating to procedures regarding unopposed candidates, and inserting in its place a new Code Section 21-2-291 to read as follows:
'21-2-291. Any other provision of law to the contrary notwithstanding, in the event there is no opposed candidate in a precinct in a special or general election, no special or general election shall be held in such precinct unless a write-in candidate has qualified as provided by law or unless there are issues to be submitted to the electorate. Each such unopposed candidate shall be deemed to have voted for himself. Where feasible, the super intendent shall provide notice reasonably calculated to inform the affected electorate that no special or general election is to be conducted. The superintendent shall certify such un opposed candidate as elected in the same manner as he certifies other candidates as elected pursuant to Code Section 21-2-493.'
Section 2. Said title is further amended by".
By striking from line 23 on page 1 the following:
"Section 2",
and inserting in its place the following:
"Section 3".
By striking from line 6 on page 2 the following:
"Section 3",
and inserting in its place the following:
"Section 4".
By striking from line 1 on page 3 the following:
"Section 4",
and inserting in its place the following:
"Section 5".
By striking from line 14 on page 3 the following:
"Section 5",
and inserting in its place the following:
"Section 6".
By striking from line 17 on page 6 the following:
"Section 6",
and inserting in its place the following:
"Section 7".
On the adoption of the amendment, the yeas were 34, nays 3, and the amendment was adopted.

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Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced that pursuant to Senate Rule 143 the amendment would be treated as a substitute, and consideration of the amendment and the bill will be suspended until the next meeting day of the Senate, Monday, February 2.
SB 102. By Senator Barnes of the 33rd:
A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to counties in general, so as to authorize the governing authority of any county to provide, and to expend county funds for the provision of, health insur ance, life insurance, disability insurance, liability insurance, retirement and pen sion coverage, and other similar or related employment benefits for elected county officers and the personnel thereof.
Senator Barnes of the 33rd offered the following amendment:
Amend SB 102 by striking on page 2, lines 6 through 18 in their entirety;
and
by striking on page 2, line 19, the following: "(c)"
and
inserting in lieu thereof the following: "(b)".

On the adoption of the amendment, the yeas were 45, nays 0, and the amendment was adopted.
Senators Phillips of the 9th and Barnes of the 33rd offered the following amendment:
Amend SB 102 by deleting on page 1, like 26, after the word "of," through line 1 on page 2, and insert:
"group health, life and disability insurance, liability insurance, retirement or pension coverage, except where covered by any other public pension Act, Social Security and".
On the adoption of the amendment, the yeas were 36, nays 1, and the amendment was adopted.
Senator Barnes of the 33rd offered the following amendment:
Amend SB 102 by adding after the word "for" on line 3 of page 2 the following: "members of the county governing authority and for".
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, 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 Broun of 46th Brown of 47th

Bryant Burton Coleman Coverdell

FRIDAY, JANUARY 30, 1987

249

Crumbley Dawkins Deal Dean Edge English Engram Fincher Foster Garner Gillis Harris Harrison Hine

Holloway Howard Hudgins Muggins Kidd Land Langford McGill McKenzie Newbill Olmstead Peevy Perry

Phillips Ragan Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Bowen Echols

Kennedy (presiding)

Tate (excused)

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

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

Senator Starr of the 44th moved that the following bill of the House, passed previously today, be immediately transmitted to the House:

HB 2. By Representatives McDonald of the 12th, Murphy of the 18th, Walker of the 115th, Lee of the 72nd, Connell of the 87th and others:
A bill to provide supplementary appropriations for the State Fiscal Year ending June 30, 1987, in addition to any other appropriations heretofore or hereafter made for the operation of state government and the purposes provided for herein.

On the motion, the yeas were 34, nays 0; the motion prevailed, and HB 2 was immedi ately transmitted to the House.

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

SB 106. By Senator Kidd of the 25th:
A bill to amend Code Section 15-16-20 of the Official Code of Georgia Annotated, relating to the minimum annual salaries of sheriffs, so as to change the minimum annual salaries of the sheriffs; to provide an effective date.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes

Bowen Brannon Broun of 46th Brown of 47th Bryant

Coleman Crumbley Dawkins Deal Dean

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Edge English Engram incher
GGOialrSlintseerr Harris Harrison Hine Holloway

Howard Hudgins Huggins Kidd,
^LMaacnnGgdifflol rd. Newbill Olmstead Perry Phillips

Ragan Ray Scott of 2nd Scott of 36th
Sbothaurmr ake Timmons Tolleson Turner Walker

Voting in the negative were Senators Burton and Tysinger.

Those not voting were Senators:

Coverdell Echols Kennedy (presiding)

McKenzie Peevy

Stumbaugh Tate (excused)

On the passage of the bill, the yeas were 47, nays 2.

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

SB 118. By Senators Coleman of the 1st, Huggins of the 53rd and Bryant of the 3rd:
A bill to amend Code Section 32-3-1 of the Official Code of Georgia Annotated, relating to the acquisition of property or an interest therein for public road and other transportation purposes, so as to define when property or an interest therein may be acquired for future public road purposes; to provide an effective date.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen o'811"0", , C(V, Broun of 46th Bgrrownt of 47th Burton Coleman Crumbley Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Garner Gillis Harris Harrison .H..ine Holloway Howard Hudgins Huggins Kidd Land Langford McGill

Newbill Olmstead Peevy Perry Phillips Ragan Ray Scott of 2nd cScott of,. 3,, 6th, Shumake Starr Stumbaugh Timmons Tolleson Turner Tysinger Walker

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251

Those not voting were Senators:

Coverdell Kennedy (presiding)

McKenzie

Tate (excused)

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

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

SB 123. By Senators Turner of the 8th, McKenzie of the 14th, Burton of the 5th and others:
A bill to amend Article 3 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to the Georgia Residential Finance Authority, so as to change legislative findings; to expand residential conservation purposes qualify ing for financial assistance; to change the definition of lending institution; to change certain powers of the authority with respect to investments.

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

On the passage of the 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 Crumbley Dawkins Deal Dean Echols Edge

English Engram Foster Garner Gillis Harris Harrison Hine Holloway Howard Hudgins Huggins Kidd Land McGill McKenzie

Newbill Olmstead Peevy Perry Phillips Ragan Ray Scott of 2nd Scott of 36th Shumake Stumbaugh Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Bowen Coleman Coverdell

Fincher Kennedy (presiding) Langford

Starr Tate (excused)

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

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

Senator Turner of the 8th moved that SB 123 be immediately transmitted to the House.

On the motion, the yeas were 33, nays 0; the motion prevailed, and SB 123 was immedi ately transmitted to the House.

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SB 124. By Senator Kidd of the 25th:
A bill to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the State Merit System of Personnel Administration, so as to authorize employees in the classified service who have accumulated sick leave to utilize such sick leave at any time such employees are sick.
The Senate Committee on Governmental Operations offered the following amendment:
Amend SB 124 by striking from the title on line 8 of page 1 the following: "four",
and inserting in lieu thereof the following: "three".

By striking from Section 1 on line 21 of page 1 the following: "four",
and inserting in lieu thereof the following: "three".

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

Senator Garner of the 30th offered the following amendment:

Amend SB 124 by adding on page 1, line 21, after the word "days"

the following: "within a 30-day period,".

On the adoption of the amendment, the yeas were 30, nays 2, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to 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 Broun of 46th Brown of 47th
oBCoulretomnan Coverdell Crumbley Dawkins Deal Dean Echols

Edge English Engram Foster Garner
Gillis HarHs
HTHToinl,.leoway Howard Hudgins Huggins Kidd Land McGill

McKenzie Newbill Olmstead Peevy Perry
Phillips R
SS,,,choutmt aok.fe36th Stumbaugh Timmons Tolleson Turner Tysinger Walker

FRIDAY, JANUARY 30, 1987

253

Those not voting were Senators:

Brannon Fincher Kennedy (presiding)

Langford Scott of 2nd

Starr Tate (excused)

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

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

SB 141. By Senators Baldwin of the 29th, Barnes of the 33rd, Garner of the 30th and Edge of the 28th:
A bill to amend Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to municipal courts, so as to grant municipal courts the jurisdiction to try and dispose of cases in which persons are charged with furnishing, dispensing, or serving alcoholic beverages to underage persons or with the purchase or pos session of alcoholic beverages by underage persons.

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

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

Those voting in the affirmative were Senators:

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

Edge Engram Fincher Foster Garner Gillis Harris Harrison Holloway Howard Hudgins Huggins Kidd Land McGill McKenzie

Those not voting were Senators:

Newbill Olmstead Peevy Perry Phillips Ragan Ray Scott of 36th Shumake Starr Stumbaugh Timmons Tolleson Turner Tysinger Walker

Brannon Coleman English

Hine Kennedy (presiding) Langford

Scott of 2nd Tate (excused)

On the passage of the bill, the yeas were 48, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 142. By Senators Garner of the 30th and Brannon of the 51st: A bill to amend Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, known as the "State-wide Probation Act," so as to provide that any

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over-payment of fines, restitutions, or other moneys owed as a condition of pro bation shall not be refunded to the probationer if the amount of such over-pay ment is less than $5.00.

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

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

Those voting in the affirmative were Senators:

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

Edge English Engram Fincher Foster Garner Gillis Harris Harrison Hine Holloway Howard Hudgins Huggins Kidd Land

McGill Newbill Olmstead Peevy Perry Ragan Ray Scott of 36th Shumake Starr Stumbaugh Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Brannon Kennedy (presiding) Langford

McKenzie Phillips

Scott of 2nd Tate (excused)

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

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

SB 143. By Senators Garner of the 30th and Brannon of the 51st:
A bill to amend Article 2 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to wardens, superintendents, and other personnel of correc tional institutions, so as to provide that the commissioner of corrections may authorize certain persons in his employment to assist law enforcement officers or correctional officers of local governments in preserving order and peace when so requested by such local authorities.

The Senate Committee on Corrections offered the following amendment:

Amend SB 143 by adding in the title on line 5 of page 1 between the word "corrections" and the word "may" the following:
"or his designee".

By adding in Section 1 on line 1 of page 2 between the word "commissioner" and the word "may" the following:
"or his designee".

FRIDAY, JANUARY 30, 1987

255

On the adoption of the amendment, the yeas were 33, nays 0, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

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

Edge English Fincher Foster Garner Gillis
Harris Harrison Hine Holloway Howard Hudgins Huggins Kidd Land Langford McGill

Newbill Olmstead Peevy Perry Phillips Ragan Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Timmons Tolleson Turner Tysinger Walker

Voting in the negative was Senator Engram.

Those not voting were Senators:

Brannon Kennedy (presiding)

McKenzie

Tate (excused)

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

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

SB 144. By Senators Garner of the 30th and Brannon of the 51st:
A bill to amend Code Section 42-8-36 of the Official Code of Georgia Annotated, relating to the duty of a probationer to inform probation supervisor of residence and whereabouts, so as to change the provisions relating to the tolling of the sentence when the probationer is in violation of the terms and conditions of pro bation; to provide that any officer authorized by law to issue warrants may return the warrant for the absconded probationer showing non est inventus.

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

On the passage of the 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

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Burton Coleman Coverdell Crumbley Dawkins Deal Dean
Echols Edge English Engram Fincher Foster Garner

Gillis Harris Harrison Hine Holloway Howard Hudgins Huggins Kidd Land Langford McGill McKenzie Newbill

Those not voting were Senators:

Olmstead Peevy Perry Phillips Ragan Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Timmons Tolleson Tysinger

Brannon Kennedy (presiding)

Tate (excused) Turner

Walker

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

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

SB 145. By Senators Garner of the 30th and Brannon of the 51st:
A bill to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the health insurance plan for state employees, so as to provide that certain state employees shall be eligible to continue coverage under such health insurance plan upon retirement from a local retirement system by paying a premium set by the State Personnel Board.

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

On the passage 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 of 46th Brown of 47th Bryant Burton Coleman Coverdell Crumbley Dean Echols Edge English

Engram Fincher Foster Garner Gillis Harris Harrison Hine Holloway Howard Huggins Kidd Land Langford McKenzie Newbill

Olmstead Perry Phillips Ragan Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Timmons Tolleson Turner Tysinger Walker

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257

Those voting in the negative were Senators:

Dawkins

Deal

Those not voting were Senators:

Peevy

Barker Brannon

Hudgins Kennedy (presiding)

McGill Tate (excused)

On the passage of the bill, the yeas were 47, nays 3.

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 2. By Representatives McDonald of the 12th, Murphy of the 18th, Walker of the 115th, Lee of the 72nd, Connell of the 87th and others:
A bill to provide supplementary appropriations for the State Fiscal Year ending June 30, 1987, in addition to any other appropriations heretofore or hereafter made for the operation of state government and the purposes provided for herein.

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

HB 2. By Representatives McDonald of the 12th, Murphy of the 18th, Walker of the 115th, Lee of the 72nd, Connell of the 87th and others:
A bill to provide supplementary appropriations for the State Fiscal Year ending June 30, 1987, in addition to any other appropriations heretofore or hereafter made for the operation of state government and the purposes provided for herein.

Senator Starr of the 44th moved that the Senate insist upon the Senate substitute to HB 2.

On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 2.

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

SB 146. By Senators Garner of the 30th and Brannon of the 51st:
A bill to amend Chapter 2 of Title 42 of the Official Code of Georgia Annotated, relating to the Board and Department of Corrections, so as to change the provi sions relating to a quorum on the Board of Corrections for the transaction of business; to provide an effective date.

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

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

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JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

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

Edge English Engram Fincher Foster Garner Gillis Harris Mine Holloway Howard Huggins Kidd Land Langford McKenzie

Newbill Olmstead Peevy Perry Phillips Ragan Ray Scott of 2nd Scott of 36th Shumake Stumbaugh Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Brannon Harrison Hudgins

Kennedy (presiding) McGill

Starr Tate (excused)

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

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

SR 7. By Senator Kidd of the 25th:

A RESOLUTION
Proposing an amendment to the Constitution so as to change the provisions relating to the election and terms of office of members of the General Assembly; to change the provi sions relating to the organization of the General Assembly; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article III of the Constitution is amended by striking in its entirety Para graph V of Section II, relating to the election and terms of office of members of the General Assembly, and inserting in lieu thereof a new Paragraph V to read as follows:
"Paragraph V. Election and term of members, (a) The members of the General Assem bly shall be elected by the qualified electors of their respective districts for a term of four years and shall serve until the time fixed for the convening of the next General Assembly.
(b) The members of the General Assembly elected at the November, 1988, general elec tion shall serve out the remainder of the terms to which elected.
(c) The first election for members of the General Assembly to serve four-year terms shall take place on Tuesday after the first Monday in November, 1990, and subsequent elections quadrennially on that day until the day of election is changed by law."
Section 2. Said Article III is further amended by striking in its entirety subparagraph (a) of Paragraph I of Section IV, relating to meeting, time limit, and adjournment of the General Assembly, and inserting in lieu thereof a new subparagraph (a) to read as follows:
"(a) The Senate and House of Representatives shall organize every four years beginning in 1991 and shall be a different General Assembly for each four-year period. The General Assembly shall meet in regular session on the second Monday in January of each year, or

FRIDAY, JANUARY 30, 1987

259

otherwise as provided by law, and may continue in session for a period of no longer than 40 days in the aggregate each year. By concurrent resolution, the General Assembly may ad journ any regular session to such later date as it may fix for reconvening. Separate periods of adjournment may be fixed by one or more such concurrent resolutions."

Section 3. This amendment shall become effective January 1, 1989, and shall apply to members of the General Assembly elected at the 1990 general election and elected at general elections held thereafter.

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 change the terms of office of members of the General Assembly from two years to four years?"

All persons desiring to vote in favor of ratifying the proposed 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 Coverdell of the 40th offered the following amendment:

Amend SR 7 by deleting on page 1, lines 18 through 21; by changing on page 1, line 25, the date "1990" to "1988"; by changing on page 2, line 8, the date "1991" to "1989"; by changing on page 2, line 20, the date "1989" to "1987"; and by changing on page 2, line 21, the date "1990" to "1988".

On the adoption of the amendment, the yeas were 44, 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 Barnes Bowen Broun of 46th Brown of 47th
BCrflemn,tan CDrauwmkbinles y Deal Dean Edge English Engram

Fincher Foster Garner Gillis Harris
"" amrreiso,n HHuogwgairnds Kidd Land Langford McGill McKenzie

Olmstead Peevy Perry Ragan pj
SSccootttt ooff 32n6dth
Shumake Starr Timmons Tolleson Turner Walker

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JOURNAL OF THE SENATE

Those voting in the negative were Senators:

Barker Burton Coverdell

Echols Holloway Newbill

Phillips Stumbaugh Tysinger

Those not voting were Senators:

Allgood Baldwin

Brannon Hudgins

Kennedy (presiding) Tate (excused)

On the adoption of the resolution, the yeas were 41, nays 9.

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

SR 23. By Senator Kidd of the 25th:

A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the creation of an Arts Development Fund from which funds shall be disbursed for the purpose of grants to tax-exempt organizations to encourage development of high quality and artistically significant arts activities or cultural facilities; to provide pro cedures for funding; to provide for payments into the fund; to provide for the applicability of certain provisions of the Constitution; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article III, Section IX, Paragraph VI of the Constitution is amended by ad ding at the end thereof a new subparagraph (g) to read as follows:
"(g) The General Assembly is authorized to provide by law for the creation of an Arts Development Fund from which funds shall be disbursed for the purpose of grants to taxexempt organizations to encourage development of high quality and artistically significant arts activities or cultural facilities. The General Assembly is authorized to provide by law for taxpayers to have an opportunity to contribute to the Arts Development Fund by either donating all or any part of any state tax refund due, by authorizing a reduction in the refund check otherwise payable, or by contributing any amount over and above any amount of tax owed by adding that amount to the taxpayer's payment. The General Assembly is authorized to provide for other allocations, payments, and donations to such fund and for the administration of such fund. Moneys paid into the fund and disbursements therefrom shall not be subject to the limitations of subparagraph (a) of this Paragraph or of Article VII, Section III, Paragraph II of this Constitution and moneys in the fund shall not lapse."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"[ ] YES [ ] NO

Shall the Constitution be amended so as to authorize the General Assembly to provide by law for the creation of an Arts Development Fund from which funds shall be disbursed for the promotion and development of arts activi ties or cultural facilities?"

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

FRIDAY, JANUARY 30, 1987

261

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 Barnes Bowen Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell Crumbley Deal Dean Echols Edge

English Fincher Foster Garner Gillis Harris Harrison Mine Holloway Howard Huggins Kidd Land Langford McGill McKenzie

Newbill Olmstead Peevy Perry Phillips Ragan Ray Scott of 2nd Scott of 36th Shumake Stumbaugh Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Allgood Brannon Dawkins

Engram Hudgins Kennedy (presiding)

Starr Tate (excused)

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 105. By Representatives Jackson of the 9th and Cummings of the 17th:
A bill to amend Code Section 40-2-20.1 of the Official Code of Georgia Anno tated, relating to the staggered registration of motor vehicles, so as to change a registration period; to change the amount of the late registration penalty.
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 Baldwin Barker Barnes Bowen Broun of 46th Brown of 47th Bryant

Burton Coleman Coverdell Crumbley Deal Dean Echols Edge

English Engram Fincher Foster Garner Gillis Harris Harrison

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JOURNAL OF THE SENATE

Hine Holloway Howard Kidd Land Langford McGill McKenzie

Newbill Olmstead Peevy Perry Phillips Ray Scott of 2nd Scott of 36th

Shumake Starr Stumbaugh Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Allgood Brannon Dawkins

Hudgins Huggins Kennedy (presiding)

Ragan Tate (excused)

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

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

Senator Dean of the 31st moved that HB 105 be immediately transmitted to the House.

On the motion, the yeas were 37, nays 0; the motion prevailed, and HB 105 was imme diately transmitted to the House.

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 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 2. By Representatives McDonald of the 12th, Murphy of the 18th, Walker of the 115th, Lee of the 72nd, Connell of the 87th and others:
A bill to provide supplementary appropriations for the State Fiscal Year ending June 30, 1987, in addition to any other appropriations heretofore or hereafter made for the operation of state government and the purposes provided for herein.

The Speaker has appointed on the part of the House, Representatives McDonald of the 12th, Walker of the 115th and Coleman of the 118th.

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

HB 2. By Representatives McDonald of the 12th, Murphy of the 18th, Walker of the 115th, Lee of the 72nd, Connell of the 87th and others:
A bill to provide supplementary appropriations for the State Fiscal Year ending June 30, 1987, in addition to any other appropriations heretofore or hereafter made for the operation of state government and the purposes provided for herein.

FRIDAY, JANUARY 30, 1987

263

Senator Starr of the 44th moved that the Senate adhere to the Senate substitute to HB 2 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 2.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Starr of the 44th, Kennedy of the 4th and Holloway of the 12th.
Senator Allgood of the 22nd moved that the Senate do now adjourn until 10:00 o'clock A.M. Monday, February 2, and the motion prevailed.
At 12:30 o'clock P.M., the President announced the Senate adjourned until 10:00 o'clock A.M. Monday, February 2.

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JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Monday, February 2, 1987 Thirteenth Legislative Day
The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.
Senator Barker of the 18th reported that the Journal of the proceedings of Friday, Jan uary 30, 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 361. By Representative 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 providing for the election of members of the Board of Education of Wilcox County by the people.
HB 362. By Representatives Clark of the 13th and Jamieson of the llth: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Franklin County Industrial Building Authority.
HB 363. By Representatives Padgett of the 86th, Brown of the 88th, Cheeks of the 89th, Connell of the 87th and Ransom of the 90th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment permitting the General Assembly to au thorize local taxing jurisdictions in Richmond County to grant discounts for early payment of ad valorem taxes.
HB 366. By Representatives Ware of the 77th and Milam of the 81st: A bill to amend an Act providing a board of education of Troup County, so as to provide for the compensation of members of the board of education.
HB 368. By Representative Bannister of the 62nd: A bill to amend an Act creating a new charter for the City of Lilburn, so as to provide procedures for filling permanent and temporary vacancies on the gov erning authority of the City of Lilburn.
HB 370. By Representatives Richardson of the 52nd, Childs of the 53rd, Robinson of the 58th, Steinberg of the 46th, Williams of the 48th 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 Decatur in the County of DeKalb to issue and sell revenue anticipation obligations to provide funds for the purchase of lands and for the construction and operation of offstreet automobile parking.

MONDAY, FEBRUARY 2, 1987

265

HB 373. By Representatives Richardson of the 52nd, Childs of the 53rd, Robinson of the 58th, Steinberg of the 46th, Williams of the 48th and others:
A bill to amend an Act creating and establishing a new charter for the City of Decatur, so as to change the corporate limits of the City of Decatur.
HB 386. By Representatives Birdsong of the 104th and Waldrep of the 80th:
A bill to amend an Act providing for the appointment of the chief magistrate and other magistrates of the Magistrate Court of Jones County, so as to provide that the judge of the Probate Court of Jones County shall serve as chief magistrate of the Magistrate Court of Jones County.
HB 388. By Representatives Childers of the 15th, McKelvey of the 15th and Smith of the 16th:
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 Floyd County to issue general obligation bonds for the purpose of establishing schools beyond the twelfth grade and to levy taxes for the payment of such bonds.
HB 389. By Representatives Childers of the 15th, McKelvey of the 15th and Smith of the 16th:
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 division of Floyd County into school board districts, the election of members of the county board of education from such districts, and the election or appointment of a county school superintendent by the county board of education.
HB 390. By Representatives Childers of the 15th, McKelvey of the 15th and Smith of the 16th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the General Assembly to pro vide by local law for the initial appointment and subsequent election of the judge of the juvenile court of Floyd County.
HB 203. By Representatives Selman of the 32nd, Murphy of the 18th, Smith of the 16th, McKelvey of the 15th, Pannell of the 122nd and others:
A bill to amend Code Section 19-7-1 of the Official Code of Georgia Annotated, relating to parental powers and recovery for the homicide of a child, so as to provide that a judgment in a case of the homicide of a child awarded to parents who are divorced, separated, or living apart may be equitably apportioned be tween such parents; to provide for a motion for equitable division.
HB 66. By Representatives Lawler of the 20th, Hensley of the 20th, Cooper of the 20th, Thompson of the 20th, Wilson of the 20th and others:
A bill to amend Code Section 36-36-70 of the Official Code of Georgia Annotated, relating to the requirement for approval of the governing authority of certain counties prior to annexation by municipal corporations, so as to change the pro visions relating to applicability of such Code section; to change the population brackets of the counties to which such Code section is applicable.
HB 148. By Representatives Holmes of the 28th, Royal of the 144th, Adams of the 36th, Milam of the 81st, Felton of the 22nd and others:
A bill to amend Code Section 50-8-8 of the Official Code of Georgia Annotated, relating to planning and development duties of the Department of Community

266

JOURNAL OF THE SENATE

Affairs, so as to provide for a strategic state-wide rural economic development plan.
HB 178. By Representatives Adams of the 79th, Holmes of the 28th, Adams of the 36th, Royal of the 144th, Milam of the 81st and others:
A bill to amend Code Section 36-81-7 of the Official Code of Georgia Annotated, relating to local government audit reports, so as to provide for alternative finan cial reports for certain local governments; to provide for assistance relating to such reports and provide for fees.
HB 182. By Representatives Adams of the 79th, Heard of the 43rd, Mostiler of the 75th and Herbert of the 76th:
A bill to provide for an additional judge of the superior courts of the Griffin Judicial Circuit; to provide for the initial appointment and subsequent election of said additional judge.
HB 141. By Representatives Childs of the 53rd, Thomas of the 69th, Waldrep of the 80th, Chambless of the 133rd and Lawrence of the 49th:
A bill to amend Code Section 16-5-45 of the Official Code of Georgia Annotated, relating to interference with custody, so as to provide that a person commits the offense of interference with custody when the person retains possession within this state of a child or committed person upon the expiration of a lawful period of visitation.
HB 184. By Representatives Bray of the 91st, Holmes of the 28th and Moultrie of the 93rd:
A bill to amend Chapter 30 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding municipal corporations, so as to provide for a method of calling an election in the event that all seats on a municipal governing authority are vacant.
HB 133. By Representatives Cox of the 141st and Bargeron of the 108th:
A bill to amend Article 1 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions concerning coroners, so as to provide for the release of certain medical records and other information concerning the death of a person in a medical facility in this state to a coroner in another state if such person was injured in the county of such coroner.
HB 222. By Representatives Robinson of the 96th and Porter of the 119th:
A bill to amend Code Section 10-1-442 of the Official Code of Georgia Annotated, relating to applications and fees for the registration of trademarks and service marks, so as to change the amount of the filing fee for such applications.
HB 249. By Representatives Cheeks of the 89th, Davis of the 45th, Moody of the 153rd, Morton of the 47th, Harris of the 84th and others:
A bill to amend Code Section 17-10-30 of the Official Code of Georgia Annotated, relating to procedure for imposition of death penalty generally, so as to provide that the death penalty may be imposed for the offense of murder when commit ted while the offender was engaged in the commission of the offense of trafficking in drugs in violation of Code Section 16-13-31.

MONDAY, FEBRUARY 2, 1987

267

HB 250. By Representatives Cheeks of the 89th, Davis of the 45th, Powell of the 145th, Morton of the 47th, Harris of the 84th and others:
A bill to amend Code Section 16-13-49 of the Official Code of Georgia Annotated, relating to forfeitures under the "Georgia Controlled Substances Act", so as to change the provisions relating to the use of money and currency which is for feited or which is realized from the sale or disposition of forfeited property.
HB 264. By Representatives Porter of the 119th, Jackson of the 9th, Smyre of the 92nd, Benefield of the 72nd and Lawson of the 9th:
A bill to amend Code Section 5-5-1 of the Official Code of Georgia Annotated, relating to powers of courts, so as to provide that probate courts shall have the power to correct errors and grant new trials in certain cases; to amend Code Sec tion 17-7-170 of the Official Code of Georgia Annotated, relating to new trials, generally, so as to make editorial corrections and provide procedures and require ments for motions for new trials.
HB 265. By Representatives Porter of the 119th, Thomas of the 69th, Jackson of the 9th, Coleman of the 118th and Lawson of the 9th:
A bill to amend Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to jurisdiction of municipal courts, so as to grant such courts jurisdiction to try and dispose of cases in which persons are charged with shoplifting any property valued at $100.00 or less; to provide for retention of fines and forfeitures.
HB 209. By Representatives Chambless of the 133rd, Smyre of the 92nd, Thomas of the 69th, Robinson of the 96th, Pannell of the 122nd and others:
A bill to amend Chapter 2 of Title 14 of the Official Code of Georgia Annotated, relating to business corporations, so as to change the provisions relating to in demnification of directors, officers, employees, or agents of business corporations; to provide for advancement of certain expenses; to provide for continuation of indemnification and advancement of expenses.
HB 271. By Representatives Byrd of the 153rd, Smith of the 152nd, Dixon of the 151st, Moody of the 153rd and Smith of the 156th:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to numbers of judges of superior courts, so as to provide for a fourth judge of the superior courts of the Brunswick Judicial Circuit of Georgia; to pro vide for the appointment of the first such additional judge by the Governor.
HB 76. By Representative Alien of the 127th:
A bill to amend Code Section 15-10-2 of the Official Code of Georgia Annotated, relating to the jurisdiction of magistrate courts, so as to give magistrate courts jurisdiction over certain criminal offenses involving possession of marijuana and involving the writing of bad checks.
HB 343. By Representative Colbert of the 23rd:
A bill to amend Code Section 16-11-127 of the Official Code of Georgia Anno tated, relating to the prohibition against carrying deadly weapons to public gath erings, so as to provide that magistrates may carry pistols in publicly owned or operated buildings.

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JOURNAL OF THE SENATE

The House has adopted by the requisite constitutional majority the following resolu tions of the House and Senate:
HR 61. By Representatives Buck of the 95th, Greene of the 130th, Galer of the 97th, Robinson of the 96th, Moultrie of the 93rd and others: A resolution designating the Joseph Wilson Smith Bridge.
HR 62. By Representatives Buck of the 95th, Robinson of the 96th, Moultrie of the 93rd, Bishop of the 94th, Galer of the 97th and others: A resolution designating the J. R. Alien Parkway.
HR 53. By Representatives Robinson of the 58th, Greer of the 39th and Adams of the 36th: A resolution to amend a resolution creating the Metropolitan Atlanta Rapid Transit Overview Committee so as to conform certain committee designations to existing designations; to provide for the payment of certain additional expenses.
HR 96. By Representative Birdsong of the 104th: A resolution designating that portion of State Highway 358 in Twiggs County between U.S. Highway 80 and State Highway 96 as the Homer Chance Highway.
SR 67. By Senators Bryant of the 3rd, Perry of the 7th, Kennedy of the 4th and others: A resolution commending the Georgia National Guard.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 227. By Senator Howard of the 42nd: A bill to amend Code Section 9-11-69 of the Official Code of Georgia Annotated, relating to discovery measures in aid of execution, so as to provide for additional discovery measures.
Referred to Committee on Judiciary.
SB 228. By Senator Hine of the 52nd: 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 attendance officers shall be members of the retirement system; to provide for other matters relative thereto; to provide an effective date.
Referred to Committee on Retirement.
SB 229. By Senators Allgood of the 22nd, Kennedy of the 4th and Barnes of the 33rd: A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile court proceedings, so as to grant juvenile courts jurisdiction over proceedings concerning notice to a parent or guardian relative to an unemancipated minor's decision to seek an abortion; to provide for a short title; to provide for definitions.
Referred to Committee on Special Judiciary.
SB 230. By Senators Deal of the 49th and Hine of the 52nd: A bill to amend Chapter 1 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions relative to crimes and offenses, so as to provide for a statement of intent and purpose; to provide that the repeal, repeal and reenactment, or amendment of certain criminal laws shall not affect or abate the status

MONDAY, FEBRUARY 2, 1987

269

as a crime of criminal acts or omissions which occurred prior to the effective date of the Act repealing, repealing and reenacting, or amending such law. Referred to Committee on Judiciary.
SB 231. By Senators Deal of the 49th, Newbill of the 56th and Dawkins of the 45th:
A bill to amend Code Section 20-2-942 of the Official Code of Georgia Annotated, relating to procedure for nonrenewal of contract or demotion after acceptance by teacher of school year contract for fourth consecutive school year and procedure for nonrenewal of contract or demotion by another local board of education, so as to provide for a ten-day period for teachers to review contracts. Referred to Committee on Education.
SB 232. By Senators Shumake of the 39th, Kidd of the 25th, Howard of the 42nd and others:
A bill to amend Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia Student Finance Authority, so as to provide for the investment for educational purposes of certain funds received by individuals through aid to families with dependent children; to provide for a short title; to provide for a statement of intent. Referred to Committee on Human Resources.
SB 233. By Senators Harrison of the 37th, Barnes of the 33rd, Tolleson of the 32nd and Newbill of the 56th:
A bill to amend an Act creating the Cobb Judicial Circuit, as amended, so as to change the provisions relating to the supplement to be paid to each of the judges of the superior court of said circuit; to provide an effective date. Referred to Committee on Special Judiciary.
SR 70. By Senator Hine of the 52nd:
A resolution creating the Joint Study Committee on Residential High Schools for the Arts. Referred to Committee on Education.
SR 75. By Senator Kidd of the 25th:
A resolution creating the Georgia Medical Care Foundation Study Committee. Referred to Committee on Rules.
SR 77. By Senators Coverdell of the 40th, Newbill of the 56th, Harrison of the 37th and others:
A resolution to ratify the proposed amendment to the United States Constitution prohibiting the enactment of a law by the United States Congress to vary the compensation of Senators and Representatives until an election of Representa tives shall have intervened. Referred to Committee on Rules.
SR 78. By Senators Langford of the 35th, Garner of the 30th, Barnes of the 33rd and others:
A resolution creating the Senate Tuition Payment Alternative Study Committee. Referred to Committee on Rules.

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SR 79. By Senators Stumbaugh of the 55th, Holloway of the 12th, Starr of the 44th and others:
A resolution to form the Joint House and Senate Government Competition with Private Enterprise Study Committee to identify and study governmental activi ties that may be in competition with the private sector and to study the desira bility of contracting out government services to the private sector.
Referred to Committee on Appropriations.
The following bills and resolutions of the House were read the first time and referred to committees:
HB 66. By Representatives Lawler of the 20th, Hensley of the 20th, Cooper of the 20th and others:
A bill to amend Code Section 36-36-70 of the Official Code of Georgia Annotated, relating to the requirement for approval of the governing authority of certain counties prior to annexation by municipal corporations, so as to change the pro visions relating to applicability of such Code section; to change the population brackets of the counties to which such Code section is applicable.
Referred to Committee on Urban and County Affairs (General).
HB 76. By Representative Alien of the 127th:
A bill to amend Code Section 15-10-2 of the Official Code of Georgia Annotated, relating to the jurisdiction of magistrate courts, so as to give magistrate courts jurisdiction over certain criminal offenses involving possession of marijuana and involving the writing of bad checks. Referred to Committee on Special Judiciary.
HB 133. By Representatives Cox of the 141st and Bargeron of the 108th:
A bill to amend Article 1 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions concerning coroners, so as to provide for the release of certain medical records and other information concerning the death of a person in a medical facility in this state to a coroner in another state if such person was injured in the county of such coroner.
Referred to Committee on Human Resources.
HB 141. By Representatives Childs of the 53rd, Thomas of the 69th, Waldrep of the 80th and others:
A bill to amend Code Section 16-5-45 of the Official Code of Georgia Annotated, relating to interference with custody, so as to provide that a person commits the offense of interference with custody when the person retains possession within this state of a child or committed person upon the expiration of a lawful period of visitation. Referred to Committee on Children and Youth.
HB 148. By Representatives Holmes of the 28th, Royal of the 144th, Adams of the 36th and others:
A bill to amend Code Section 50-8-8 of the Official Code of Georgia Annotated, relating to planning and development duties of the Department of Community Affairs, so as to provide for a strategic state-wide rural economic development plan.
Referred to Committee on Urban and County Affairs (General).

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HB 178. By Representatives Adams of the 79th, Holmes of the 28th, Adams of the 36th and others:
A bill to amend Code Section 36-81-7 of the Official Code of Georgia Annotated, relating to local government audit reports, so as to provide for alternative finan cial reports for certain local governments; to provide for assistance relating to such reports and provide for fees. Referred to Committee on Urban and County Affairs (General).
HB 182. By Representatives Adams of the 79th, Heard of the 43rd, Mostiler of the 75th and Herbert of the 76th:
A bill to provide for an additional judge of the superior courts of the Griffin Judicial Circuit; to provide for the initial appointment and subsequent election of said additional judge. Referred to Committee on Judiciary.
HB 184. By Representatives Bray of the 91st, Holmes of the 28th and Moultrie of the 93rd:
A bill to amend Chapter 30 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding municipal corporations, so as to provide for a method of calling an election in the event that all seats on a municipal governing authority are vacant. Referred to Committee on Urban and County Affairs (General).
HB 203. By Representatives Selman of the 32nd, Murphy of the 18th, Smith of the 16th and others:
A bill to amend Code Section 19-7-1 of the Official Code of Georgia Annotated, relating to parental powers and recovery for the homicide of a child, so as to provide that a judgment in a case of the homicide of a child awarded to parents who are divorced, separated, or living apart may be equitably apportioned be tween such parents; to provide for a motion for equitable division. Referred to Committee on Children and Youth.
HB 209. By Representatives Chambless of the 133rd, Smyre of the 92nd, Thomas of the 69th and others:
A bill to amend Chapter 2 of Title 14 of the Official Code of Georgia Annotated, relating to business corporations, so as to change the provisions relating to in demnification of directors, officers, employees, or agents of business corporations; to provide for advancement of certain expenses; to provide for continuation of indemnification and advancement of expenses. Referred to Committee on Judiciary.
HB 222. By Representatives Robinson of the 96th and Porter of the 119th:
A bill to amend Code Section 10-1-442 of the Official Code of Georgia Annotated, relating to applications and fees for the registration of trademarks and service marks, so as to change the amount of the filing fee for such applications. Referred to Committee on Special Judiciary.
HB 249. By Representatives Cheeks of the 89th, Davis of the 45th, Moody of the 153rd and others:
A bill to amend Code Section 17-10-30 of the Official Code of Georgia Annotated, relating to procedure for imposition of death penalty generally, so as to provide that the death penalty may be imposed for the offense of murder when commit-

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ted while the offender was engaged in the commission of the offense of trafficking in drugs in violation of Code Section 16-13-31. Referred to Committee on Judiciary.
HB 250. By Representatives Cheeks of the 89th, Davis of the 45th, Powell of the 145th and others:
A bill to amend Code Section 16-13-49 of the Official Code of Georgia Annotated, relating to forfeitures under the "Georgia Controlled Substances Act", so as to change the provisions relating to the use of money and currency which is for feited or which is realized from the sale or disposition of forfeited property. Referred to Committee on Judiciary.
HB 264. By Representatives Porter of the 119th, Jackson of the 9th, Smyre of the 92nd and others:
A bill to amend Code Section 5-5-1 of the Official Code of Georgia Annotated, relating to powers of courts, so as to provide that probate courts shall have the power to correct errors and grant new trials in certain cases; to amend Code Sec tion 17-7-170 of the Official Code of Georgia Annotated, relating to new trials, generally, so as to make editorial corrections and provide procedures and require ments for motions for new trials. Referred to Committee on Special Judiciary.
HB 265. By Representatives Porter of the 119th, Thomas of the 69th, Jackson of the 9th and others:
A bill to amend Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to jurisdiction of municipal courts, so as to grant such courts jurisdiction to try and dispose of cases in which persons are charged with shoplifting any property valued at $100.00 or less; to provide for retention of fines and forfeitures. Referred to Committee on Urban and County Affairs (General).
HB 271. By Representatives Byrd of the 153rd, Smith of the 152nd, Dixon of the 151st and others:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to numbers of judges of superior courts, so as to provide for a fourth judge of the superior courts of the Brunswick Judicial Circuit of Georgia; to pro vide for the appointment of the first such additional judge by the Governor. Referred to Committee on Judiciary.
HB 343. By Representative Colbert of the 23rd:
A bill to amend Code Section 16-11-127 of the Official Code of Georgia Anno tated, relating to the prohibition against carrying deadly weapons to public gath erings, so as to provide that magistrates may carry pistols in publicly owned or operated buildings. Referred to Committee on Public Safety.
HR 53. By Representatives Robinson of the 58th, Greer of the 39th and Adams of the 36th:
A resolution to amend a resolution creating the Metropolitan Atlanta Rapid Transit Overview Committee so as to conform certain committee designations to existing designations; to provide for the payment of certain additional expenses and for other purposes. Referred to Committee on Urban and County Affairs (General).

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HR 61. By Representatives Buck of the 95th, Greene of the 130th, Galer of the 97th and others: A resolution designating the Joseph Wilson Smith Bridge.
Referred to Committee on Transportation.
HR 62. By Representatives Buck of the 95th, Robinson of the 96th, Moultrie of the 93rd and others: A resolution designating the J. R. Alien Parkway.
Referred to Committee on Transportation.
HR 96. By Representative Birdsong of the 104th: A resolution designating that portion of State Highway 358 in Twiggs County between U.S. Highway 80 and State Highway 96 as the Homer Chance Highway.
Referred to Committee on Transportation.
HB 361. By Representative 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 providing for the election of members of the Board of Education of Wilcox County by the people.
Referred to Committee on Urban and County Affairs.
HB 362. By Representatives Clark of the 13th and Jamieson of the llth: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Franklin County Industrial Building Authority.
Referred to Committee on Urban and County Affairs.
HB 363. By Representatives Padgett of the 86th, Brown of the 88th, Cheeks of the 89th and others: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment permitting the General Assembly to au thorize local taxing jurisdictions in Richmond County to grant discounts for early payment of ad valorem taxes.
Referred to Committee on Urban and County Affairs.
HB 366. By Representatives Ware of the 77th and Milam of the 81st: A bill to amend an Act providing a board of education of Troup County, so as to provide for the compensation of members of the board of education.
Referred to Committee on Urban and County Affairs.
HB 368. By Representative Bannister of the 62nd: A bill to amend an Act creating a new charter for the City of Lilburn, so as to provide procedures for filling permanent and temporary vacancies on the gov erning authority of the City of Lilburn.
Referred to Committee on Urban and County Affairs.
HB 370. By Representatives Richardson of the 52nd, Childs of the 53rd, Robinson of the 58th and others: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the City of Decatur in the County of DeKalb to issue and sell revenue anticipation obligations to provide

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funds for the purchase of lands and for the construction and operation of offstreet automobile parking. Referred to Committee on Urban and County affairs.
HB 373. By Representatives Richardson of the 52nd, Childs of the 53rd, Robinson of the 58th and others: A bill to amend an Act creating and establishing a new charter for the City of Decatur, so as to change the corporate limits of the City of Decatur.
Referred to Committee on Urban and County Affairs.
HB 386. By Representatives Birdsong of the 104th and Waldrep of the 80th: A bill to amend an Act providing for the appointment of the chief magistrate and other magistrates of the Magistrate Court of Jones County, so as to provide that the judge of the Probate Court of Jones County shall serve as chief magistrate of the Magistrate Court of Jones County.
Referred to Committee on Urban and County Affairs.
HB 388. By Representatives Childers of the 15th, McKelvey of the 15th and Smith of the 16th: 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 Floyd County to issue general obligation bonds for the purpose of establishing schools beyond the twelfth grade and to levy taxes for the payment of such bonds.
Referred to Committee on Urban and County Affairs.
HB 389. By Representatives Childers of the 15th, McKelvey of the 15th and Smith of the 16th: 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 division of Floyd County into school board districts, the election of members of the county board of education from such districts, and the election or appointment of a county school superintendent by the county board of education.
Referred to Committee on Urban and County Affairs.
HB 390. By Representatives Childers of the 15th, McKelvey of the 15th and Smith of the 16th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the General Assembly to pro vide by local law for the initial appointment and subsequent election of the judge of the juvenile court of Floyd County.
Referred to Committee on Urban and County Affairs.
The following reports of standing committees were read by the Secretary:
Mr. President:
The Committee on Consumer Affairs has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 29. Do pass by substitute. SB 30. Do not pass.

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SB 112. Do pass as amended.
Respectfully submitted,
Senator Scott of the 2nd 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 213. Do pass. HB 243. Do pass. HB 257. Do pass.
Respectfully submitted,
Senator Turner of the 8th District, Chairman
The following bills of the Senate and House were read the second time:
SB 32. By Senators Peevy of the 48th and Deal of the 49th: A bill to provide for an additional judge of the superior courts of the Gwinnett Judicial Circuit; to provide for the initial appointment and subsequent election 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 judi cial circuit, so as to increase to five the number of judges for the Cwinnett Judi cial Circuit.
SB 52. By Senator Phillips of the 9th: A bill to amend Code Section 10-1-372 of the Official Code of Georgia Annotated, relating to deceptive trade practices, so as to provide that making false or mis leading statements concerning the reasons for or purpose of any seminar or meet ing shall constitute a deceptive trade practice under certain circumstances.
SB 75. By Senators Dawkins of the 45th, Barnes of the 33rd, Dean of the 31st and McKenzie of the 14th: A bill to amend Article 6 of Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to benefits under the "Employment Security Law," so as to provide for changes in the amount of the maximum weekly benefit; to provide that an individual who is discharged or suspended from work for certain causes shall be disqualified for benefits until he earns insured wages equal to eight times the weekly benefit amount of his claim.
SB 154. By Senator Phillips of the 9th: A bill to amend Chapter 1 of Title 49 of the Official Code of Georgia Annotated, relating to general provisions relative to social services, so as to require the En ergy Assistance Program Task Force to develop rules and regulations to prevent a recipient of assistance under the Georgia Energy Assistance Program from re taining moneys received under the program when permanently leaving the State of Georgia to establish residency in another state.
SB 156. By Senator Kidd of the 25th: A bill to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to ethics in government, so as to provide that certain provisions relating to campaign committees, acceptance of contributions, making of expenditures,

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filing of certain disclosure reports, and disposition of certain funds in relation to the recall of certain public officers shall apply to bringing about such recall or to opposing such recall.

HB 190. By Representatives Godbee of the 110th and Murphy of the 18th:
A bill to amend Code Section 21-2-234 of the Official Code of Georgia Annotated, relating to filing and furnishing of lists of electors, so as to eliminate the require ment that the registrars file a certified copy of the list of electors with the clerk of superior court.

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

Albert Allgood Baldwin Barker Barnes Brannon Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell Crumbley Dawkins Dean Echols Edge

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

McKenzie Newbill Olmstead Peevy Perry Phillips Ragan Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Timmons Tolleson Turner Tysinger

Those not answering were Senators:

Bowen Deal

Gillis Tate (excused)

Walker

Senator Holloway of the 12th introduced the chaplain of the day, Dr. John Horton, pastor of the First United Methodist Church, Albany, Georgia, who offered scripture read ing and prayer.

The following resolutions of the Senate were read and adopted:

SR 69. By Senator Howard of the 42nd: A resolution expressing regret at the passing of Mr. Guy Walter Rutland, Jr.

SR 72. By Senator Broun of the 46th: A resolution commending Coach Billy Henderson.

SR 73. By Senator Broun of the 46th:
A resolution commending the Clarke Central High School Gladiators football team.

SR 74. By Senator Broun of the 46th:
A resolution expressing regrets at the passing of Honorable Robert Chappelle Matthews.

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277

SR 76. By Senator Kidd of the 25th:
A resolution commending the family of Milton Reese Mauldin and Addie Shaw Mauldin.

SR 80. By Senators McGill of the 24th, Ray of the 19th, English of the 21st and others:
A resolution proclaiming February 3, 1987, as Georgia Farm Bureau Day at the State Capitol.

SR 81. By Senators Tysinger of the 41st, Howard of the 42nd, Burton of the 5th and others:
A resolution expressing sorrow at the passing of Rear Admiral Samuel G. Fuqua.

SR 82. By Senators Harrison of the 37th, Newbill of the 56th, Barnes of the 33rd and Tolleson of the 32nd:
A resolution welcoming RJR Nabisco, Inc., to Cobb County, Georgia.

SR 83. By Senators Stumbaugh of the 55th, Tysinger of the 41st, Howard of the 42nd and others:
A resolution commending James W. Dunn.

SR 85. By Senator Timmons of the llth: A resolution commending Gary Vinson Cox.

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

STATE OF GEORGIA Office of Secretary of State

I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that the attached list contains the names and addresses of those persons, numbered 537 through 602, who have registered in the Docket of Legislative Appearance as of January 30, 1987, 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 30th day of January, in the year of our Lord One Thousand Nine Hundred and Eight-seven and of the Independence of the United States of America the Two Hundred and eleventh.

(SEAL)

Is/ Max Cleland Secretary of State

Secretary of State 214 State Capitol
Atlanta 30334
January 30, 1987
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 registered in the

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Docket of Legislative Appearance for the 1987 Regular Session the week of January 26, 1987, as of 3:00 p.m. this date. The list is numbered 537 through 602.
Please note the list reflects the following additions for persons already registered: #80, Bobby Rowan--Allison Manufacturing Company; #156, Thomas M. Boiler--Jones & Osteen; #286, John H. Thomas--Alien Group Test Products.
With best wishes, I am
Most sincerely,
/s/ Max Cleland Secretary of State
Attachments:
Received by /s/ Hamilton McWhorter, Jr.

537. George I. Winn United Transportation Union Post Office Box 69 Manchester, Georgia 31816 404/846-2408
538. William C. Resseau, Jr. Brotherhood Maintenance of Way Employees Route 1, Box 86B Hillsboro, Georgia 31038 404/468-8718
539. Raymond C. Smith Teamsters Local 728 2540 Lakewood Avenue Atlanta, Georgia 30315 404/622-0521
540. Daniel L. Drummond Teamsters Local 728 2540 Lakewood Avenue Atlanta, Georgia 30315 404/622-0521
541. R. Rudolph Underwood Georgia Farm Bureau Post Office Box 7068 Macon, Georgia 31298 912/474-8411
542. Phyllis Blaine Davis Georgia Environmental Project 136 Marietta Street Suite 238 Atlanta, Georgia 30303 404/521-3731
543. Douglas Owen Carroll Bankers First Corporation 349 Mall Boulevard Savannah, Georgia 31406 912/351-2200

544. Benjamin Edmund Price REGISTERED AGENT Bankers First Federal S & L Chatham County Board of Education 349 Mall Boulevard Savannah, Georgia 31406 912/351-2200
545. Leroy Watson III REGISTERED AGENT WXLL Radio Temple of Deliverance 1401 Boulevard Drive, S.E. Atlanta, Georgia 30317 404/377-1310
546. Will Dixon REGISTERED AGENT WXLL Radio Temple of Deliverance 1401 Boulevard Drive, S.E. Atlanta, Georgia 30317 404/377-1310
547. James A. Cody REGISTERED AGENT Georgia Sheriffs Association Georgia Society of Association Executives 4301 Memorial Drive Decatur, Georgia 30032 404/292-1955
548. J. Render Hill US Sprint Court Square Greenville, Georgia 30222 404/672-1227

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279

549. William M. Bates Bates Associates Morehouse School of Medicine Interstate Paper Corporation Tobacco Institute Dehart and Darr 161 Spring Street, N.W. Suite 810 Atlanta, Georgia 30303 404/588-1707
550. Vivian A. Bissinger Miller Brewing Company 2849 Paces Ferry Road Suite 770 Atlanta, Georgia 30339 404/434-3473
551. Roger T. Lane Georgia Oilmen's Association 3581 Habersham at Northlake Tucker, Georgia 30084 404/938-0775
552. Donald Schley Massey Community Bankers Association of Georgia Suite 620, 550 Pharr Center Atlanta, Georgia 30305 404/237-7221
553. James A. White REGISTERED AGENT Association of Superior Court Clerks Georgia Association of Tax Officials Home Builders Association of Georgia Georgia Industrial Loan Association 370 E. Lanier Avenue Fayetteville, Georgia 30214 404/461-4243
554. Brian R. Foster C & S Corporation Post Office Box 4899 Atlanta, Georgia 30302 404/581-4837
555. Johnny C. Reynolds Amalgamated Transit Union 732 501 Pulliam Street Atlanta, Georgia 30309 404/522-0684
556. Donald Tracy Browne REGISTERED AGENT First National Bank of Atlanta First Atlanta Corporation 2 Peachtree Street Atlanta, Georgia 30302 404/588-5009

557. Frank F. Molock CWA Retirees Glover Street Marietta, Georgia 30060 404/427-9401
558. Marsha Matson Silverman Support Initiative in Georgia Now 4434 Cedar Glen Stone Mountain, Georgia 30083 404/292-9256
559. John T. Anderson Babcock & Wilcox Post Office Box 923 Augusta, Georgia 30903 404/796-4209
560. Debbie A. Redeker Apartment Owners & Managers Association 3155 Presidential Drive Atlanta, Georgia 30340 404/451-2662
561. Wayne W. Stageman The Southland Corporation Box 719 Dallas, Texas 75221 214/761-3642
562. Wally B. Poss REGISTERED AGENT Georgia Safety Council Juvenile Justice Post Office Box 1052 Canton, Georgia 30114 404/345-5829
563. Roy Arnold Hanson Metro Atlanta Crime Commission 100 Edgewood Avenue Atlanta, Georgia 30303 404/527-7654
564. Joan H. Heflinger Widener & Associates Post Office Box 88866 Atlanta, Georgia 30356 404/393-8625
565. Glenn Curtis Branscome City of Decatur 509 N. McDonough Street Decatur, Georgia 30030 404/377-9911
566. Carolyn Rose Kokenge Atlanta Area Services for the Blind 763 Peachtree Street Atlanta, Georgia 30308 404/875-9011

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567. William Scott McCall Atlanta Area Services for the Blind 763 Peachtree Street, N.E. Atlanta, Georgia 30308 404/875-9011

575. Adrienne S. Howard AFL-CIO 401 Puliiam Street Atlanta, Georgia 30307 404/525-2793

568. Gail M. Buckner Continuum 1262 Trahlyta Terrace Lake City, Georgia 30260 404/361-0798
569. Stanley H. McCalla Mortgage Bankers Association of Georgia Suite 450 975 Johnson Ferry Road Atlanta, Georgia 30342 404/252-0700
570. Keith Jay McGrew The Institute for Social and Political Reform 710 Peachtree Street Suite 512 Atlanta, Georgia 30308 404/875-5316
571. Tim C. Ryles REGISTERED AGENT C W A Political Group GCCR 3516 Covington Highway Decatur, Georgia 30083 404/296-5553
572. Jack H. Housworth Mechanical Industries Council 1900 Century Blvd. Suite 18 Atlanta, Georgia 30345 404/633-9911
573. John E. Rollins REGISTERED AGENT Citicorp Family Guardian Life Insurance Company 6307 Eaglebrook Avenue Tampa, Florida 33624 813/962-6744
574. Sims Garrett, Jr. C.W. Matthews Contracting Company 1600 Kenview Drive Marietta, Georgia 30061 404/422-7520

576. Dick Dorsey American Insurance Association 3475 Lenox Road Suite 765 Atlanta, Georgia 30326 404/261-8835
577. Mary Lou Romaine Atlanta Federation of Teachers 374 Maynard Terrace Suite 202 Atlanta, Georgia 30316 404/377-8924
578. Elaine C. Nachman Atlanta Area Services for Blind 763 Peachtree Street, N.E. Atlanta, Georgia 30305 404/237-7930
579. John S. Sherrer Georgia Pharmaceutical Association 833 Campbell Hill Street Marietta, Georgia 30060 404/427-0202
580. Jeff L. Lurey Georgia Pharmaceutical Association 5675 Peachtree Dunwoody Road Atlanta, Georgia 30342 404/255-6616
581. Jim H. Groome REGISTERED AGENT China Clay Producers Mead Corporation 4151 Memorial Drive Suite 205D Atlanta, Georgia 30032 404/299-9627
582. Cheri Marie Villines REGISTERED AGENT C.A.T.C.H. DeKalb County Sexual Abuse Task Force 2218 McCurdy Road Stone Mountain, Georgia 30083 404/938-3436

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583. Susan J. Mumpower-Spriggs Georgia Abortion Rights Action League 330 Church Street Suite 242 Decatur, Georgia 30030 404/377-2181
584. Sally Tyler Georgia Abortion Rights Action League 330 Church Street Decatur, Georgia 30030 404/377-5795
585. Tom Tortorici Georgia Abortion Rights Action League 330 Church Street Decatur, Georgia 30030 404/377-2181
586. John M. Cannon Georgia Alliance for the Mentally 111 1861-C Vintage Court Marietta, Georgia 30060 404/423-8719
587. Sandra G. Gaylor Association of Operating Room Nurses 1775 Nicole Lane Lithonia, Georgia 30058 404/482-2637
588. Star Stegall Association of Operating Room Nurses 2497 Temple Johnson Road Snellville, Georgia 30278 404/972-3961
589. George L. Harris, Jr. The Wilderness Society 881 W. Conway Road Atlanta, Georgia 30327 404/237-4458
590. Jane Yarn The Wilderness Society 881 W. Conway Road, N.E. Atlanta, Georgia 30327 404/237-2344
591. Alton Hunter Hopkins Crown Century Petroleum Corporation Suite 1607 3400 Peachtree Road, N.W. Atlanta, Georgia 30329 404/237-1035

592. Regina H. Johnson Glynn County Association of Educators 1800 Albany Street Brunswick, Georgia 31520 912/265-7941
593. Louella McGhee Robinson Glynn County Association of Educators 711 Old Jesup Road Brunswick, Georgia 31520 912/264-8140
594. Bobbie Jean Sharp GAE 201 Ashby Street Atlanta, Georgia 30314 404/524-8605
595. Milton Sampson Georgia Association of Educators 4571 Sylvester Circle South Macon, Georgia 31201 912/742-7399
596. Ralph S. Turner DeKalb Grand Jurors Association Post Office Box 430 Decatur, Georgia 30031 404/292-1551
597. Martha O. Andrews REGISTERED AGENT Atlanta Chapter National Health Federation Voice of Liberty 692 Sunnybrook Drive Decatur, Georgia 30033 404/633-3634
598. Albert Joseph Babel Georgia Chiropractic Association 210 Redmond Road Rome, Georgia 30161 404/234-8221
599. John P. Stevens REGISTERED AGENT First National Bank of Atlanta First Atlanta Corporation Post Office Box 4148 Atlanta, Georgia 30302 404/588-6428
600. Verline D. Dennis Georgia School Counselor's Association 8266 Connally Drive Douglasville, Georgia 30134 404/942-1246

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601. Patricia Anne Dewberry Douglas County Association of Educators 4992 Moroney Mill Road Douglasville, Georgia 30134 404/949-9507

602. Jacqueline N. Christopher Douglas County Association of Educators 3460 Stone Ridge Drive Douglasville, Georgia 30134 404/942-3810

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

SENATE LOCAL CONSENT CALENDAR
Monday, February 2, 1987
THIRTEENTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)

SB 213 Brannon, 51st City of Calhoun Gordon County
Continues amendment authorizing city to appropriate to HAND UP INC., a sum not to exceed $5,000.00 per annum out of public funds of said city; pro vides authority for this Act.

HB 243 Engram, 34th Langford, 35th Scott, 36th Tate, 38th Shumake, 39th Coverdell, 40th Howard, 42nd Stumbaugh, 55th Newbill, 56th Fulton County
Burton, 5th Tysinger, 41st Howard, 42nd Walker, 43rd Stumbaugh, 55th DeKalb County
Starr, 44th Crumbley, 17th Clayton County
Peevy, 48th Phillips, 9th Gwinnett County
Provides for use of the Metropolitan Atlanta Rapid Transit Authority's avail able revenue to design and construct certain rapid transit projects beyond Phases A, B, and C of the rapid transit system; to provide for other matters relative to the foregoing.

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283

HB 257 McGill, 24th Oglethorpe County
Amends Act creating Board of Commissioners of county; changes description of Commission District 1.

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 BCoryvaenrdt ell
Crumbley
Dawkins Dean Echols
Edge
English

Engram Foster Garner Gillis Harris Harrison Mine Holloway HHouwdgairnds
Huggins
Kennedy Kidd Land
Langford
McGill

McKenzie Newbill Olmstead Peevy Perry Philli rmmps "g "Scaoytt of 2nd
bcott of 36th
Starr Stumbaugh Tolleson
Turner
Tysinger

Those not voting were Senators:

Barker Burton Coleman

Deal Fincher Shumake

Tate (excused) Timmons Walker

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

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

SENATE CALENDAR
Monday, February 2, 1987
THIRTEENTH LEGISLATIVE DAY
SB 71 Write-in Candidates--votes not counted unless requisites are complied with (AMENDMENT) (GOV OP--51st) (Pursuant to Senate Rule 143, final adoption of the amendment and considera tion of the bill was suspended until today.)
SB 5 Certain Sexual Offenses--age of consent (AMENDMENT) (S JUDY--25th) SB 19 Family Adopting Foster Child--raise financial assistance limit (HUM R--25th) SB 20 Juvenile Proceedings--redefine "child" (SUBSTITUTE) (JUDY--25th) SB 47 Public Officers, Employees--change provisions on liability insurance and indem
nification (SUBSTITUTE) (INS--33rd)

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SB 81 Counties with Certain Population Public Works Contracts--lowest bid and all may be rejected (AMENDMENT) (RULES--35th)
SB 82 Cities with Certain Population Traffic Court--create position of senior judge (AMENDMENT) (RULES--35th)
SB 83 Cities with Certain Population Urban Residential Finance Authority--certain definitions (AMENDMENT) (RULES--35th)
SB 84 Counties with Certain Population Board of Commissioner's Compensa tion--change population provisions (RULES--35th)
SB 85 Cities with Certain Population--contracts on downtown development areas (AMENDMENT) (RULES--35th)
SB 91 Serious Motor Vehicle Accident--administer chemical test as soon as possible (AMENDMENT) (JUDY--22nd)
SB 92 Person Arrested Refusing Chemical Test--report to Public Safety within ten (10) days (AMENDMENT) (JUDY--52nd)
SB 107 Game and Fish--increase amount of hunting, fishing license fees (AMEND MENT) (NAT R--20th)
SB 130 Lake Lanier Island Development Authority--additional ordinances (NAT R--49th)
SB 131 Magistrate Courts--jurisdiction over trial violations of penal ordinances of state authority (JUDY--49th)
SB 148 Juvenile Courts--remove original jurisdiction over certain capital crimes (AMENDMENT) (S JUDY--48th)
SB 160 Department of Transportation Employee--compensation when injured in line of duty (AMENDMENT) (TRANS--4th)
SB 176 County Recorder's Court--collection of court case costs (S JUDY--48th)
SR 33 Clinch County Board of Commissioners--Forestry Commission transfer certain structure to (NAT R--7th)
HB 33 Felony Committed Against Victim Under Fourteen (14) Years of Age--prosecution commencement (AMENDMENT) (JUDY--33rd)
HR 25 Honorable Viola Ross Napier--place portrait in State Capitol (RULES--26th)
HR 69 Clean Water Act--urge Congress to reauthorize (NAT R--49th)
The following general bill of the Senate, having been read the third time on Friday, January 30, and action suspended until today pursuant to Senate Rule 143, was put upon its passage:
SB 71. By Senator Brannon of the 51st:
A bill to amend Title 21 of the Official Code of Georgia Annotated relating to elections, so as to provide that the names of write-in candidates for whom the notice of intention of candidacy has not been provided in compliance with other provisions of law shall not be counted, tabulated, or certified; to provide an effec tive date.
The following amendment offered by Senator Broun of the 46th on January 30 and adopted, and automatically reconsidered pursuant to Senate Rule 143, was put upon its adoption:
Amend SB 71 by striking from line 2 on page 1 the following:
"Annotated, relating to elections, so as to provide that the",

MONDAY, FEBRUARY 2, 1987

285

and inserting in its place the following:
"Annotated, relating to elections, so as to provide that in the event there is no opposed candidate in a precinct in a special or general election, no special or general election shall be held unless a write-in candidate has qualified or unless there are issues to be submitted to the electorate; to provide that the".
By striking from line 10 on page 1 the following:
"Georgia Annotated, relating to elections, is amended by", and inserting in its place the following:
"Georgia Annotated, relating to elections, is amended by striking Code Section 21-2291, relating to procedures regarding unopposed candidates, and inserting in its place a new Code Section 21-2-291 to read as follows:
'21-2-291. Any other provision of law to the contrary notwithstanding, in the event there is no opposed candidate in a precinct in a special or general election, no special or general election shall be held in such precinct unless a write-in candidate has qualified as provided by law or unless there are issues to be submitted to the electorate. Each such unopposed candidate shall be deemed to have voted for himself. Where feasible, the super intendent shall provide notice reasonably calculated to inform the affected electorate that no special or general election is to be conducted. The superintendent shall certify such un opposed candidate as elected in the same manner as he certifies other candidates as elected pursuant to Code Section 21-2-493.'
Section 2. Said title is further amended by".
By striking from line 23 on page 1 the following: "Section 2",
and inserting in its place the following: "Section 3".
By striking from line 6 on page 2 the following: "Section 3",
and inserting in its place the following: "Section 4".
By striking from line 1 on page 3 the following: "Section 4",
and inserting in its place the following: "Section 5".
By striking from line 14 on page 3 the following: "Section 5",
and inserting in its place the following: "Section 6".
By striking from line 17 on page 6 the following: "Section 6",
and inserting in its place the following: "Section 7".
On the adoption of the amendment, the yeas were 32, 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 Barker Barnes Bowen
Brannon , Broun of 46th BBrowannt ot 47th Burton Coverdell Crumbley Dean Echols Edge English

Fincher Foster Garner Gillis Harris Harrison
Hine Holloway THToward, " ud8lns Huggms Kennedy Kidd Land Langford McGill

Olmstead Peevy Perry Phillips Ragan Ray
Scott of 2nd Scott of 36th nS,humak, e ^tarr Stumbaugh Timmons Tolleson Turner Tysinger Walker

Voting in the negative were Senators Engram and Newbill.

Those not voting were Senators:

Coleman Dawkins

Deal McKenzie

Tate (excused)

On the passage of the bill, the yeas were 49, nays 2.

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

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

SB 5. By Senator Kidd of the 25th:
A bill to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual orfenses, so as to change the age of consent relative to certain sexual offenses; to change the age requ; rements relative to certain sexual offenses against minors.

The Senate Committee on Special Judiciary offered the following amendment:

Amend SB 5 by striking from lines 2 through 4 of page 1 the following:
"to change the age of consent relative to certain sexual offenses;".
By striking from lines 8 through 17 of page 1 the following:
"Section 1. Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, is amended by striking in its entirety subsection (a) of Code Section 16-6-3, relating to statutory rape, and inserting in lieu thereof a new subsection (a) to read as follows:
'(a) A person commits the offense of statutory rape when he engages in sexual inter-

MONDAY, FEBRUARY 2, 1987

287

course with any female under the age of 17 years and not his spouse, provided that no conviction shall be had for this offense on the unsupported testimony of the female.' "
By striking from line 18 of page 1 the following: "Section 2. Said chapter is further", and inserting in its place the following: "Section 1. Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, is". By striking from line 1 of page 2 the following: "Section 3.", and inserting in its place the following: "Section 2." By striking from line 11 of page 2 the following: "Section 4.", and inserting in its place the following: "Section 3.".

On the adoption of the amendment, the yeas were 43, nays 0, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Barker Bowen Brannon Broun of 46th Brown of 47th BBD ruyrta. onnt Coverdell Crumbley
Dawkins
Echols
Edge English

Engram Foster Gillis Harris Harrison Holloway Howard HHuuugdggmi nss Kennedy Kidd
McGill
McKenzie
Newbill Olmstead

Peevy Perry Phillips Ragan p{av Scott of 2nd Scott of 36th 0S,humak. e
htarr Timmons Tolleson Turner Tysinger Walker

Those voting in the negative were Senators:

Baldwin Barnes Dean

Fincher Garner Hine

Land Langford Stumbaugh

Those not voting were Senators:

Coleman

Deal

Tate (excused)

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JOURNAL OF THE SENATE

On the passage of the bill, the yeas were 44, nays 9.

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

SB 19. By Senator Kidd of the 25th:
A bill to amend Code Section 49-5-8 of the Official Code of Georgia Annotated, relating to the powers and duties of the Department of Human Resources, so as to raise the limit of financial assistance which may be paid to families adopting children who would otherwise remain in foster care at state expense; to provide an effective date.

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

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

Those voting in the affirmative were Senators:

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

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

McGill Newbill
Olmstead Peevy Perry Phillips Ragan Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tolleson Turner Tysinger Walker

Those not voting were Senators:

Deal Edge

McKenzie Tate (excused)

Timmons

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

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

Senator Timmons of the llth introduced the Randolph-Clay High School boys basket ball team and coach who were commended by SR 42, adopted previously; the coach briefly addressed the Senate.

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

MONDAY, FEBRUARY 2, 1987

289

The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:
SB 20. By Senator Kidd of the 25th:
A bill to amend Chapter 11 of Title 15, relating to juvenile proceedings, so as to change the definition of the term "child"; to change the provisions relating to the jurisdiction of the juvenile court; to change the provisions relating to the place of detention of children alleged to be delinquent, unruly, or deprived.
The Senate Committee on Judiciary offered the following substitute to SB 20:
A BILL
To be entitled an Act to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for juvenile court jurisdiction over certain children over the age of 17 years; to change certain definitions; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by striking in its entirety paragraph (2) of Code Section 15-11-2, which reads as follows:
"(2) 'Child' means any individual who is:
(A) Under the age of 17 years;
(B) Under the age of 21 years, who committed an act of delinquency before reaching the age of 17 years, and who has been placed under the supervision of the court or on probation to the court; or
(C) Under the age of 18 years, if alleged to be a 'deprived child' as defined by this article.",
and inserting in its place a new paragraph (2) to read as follows:
"(2) 'Child' means any individual who is:
(A) Under the age of 17 years if alleged to be a delinquent child;
(B) Under the age of 18 years if not alleged to be a delinquent child; or
(C) Under the age of 21 years and who has been placed under the supervision of the court or on probation to the court for either any act as a delinquent child and committed before reaching the age of 17 years or any act as an unruly child and committed before reaching the age of 18 years."
Section 2. Said chapter is further amended by striking in its entirety subparagraph (a)(l)(F) of Code Section 15-11-5, which reads as follows:
"(F) Who has been placed under the supervision of the court or on probation to the court; provided, however, that such jurisdiction shall be for the sole purpose of completing, effectuating, and enforcing such supervision or a probation begun prior to the individual's seventeenth birthday; or"
and inserting in its place a new subparagraph (F) to read as follows:
"(F) Who has been placed under the supervision of the court or on probation to the court for either any act as a delinquent child and committed before reaching the age of 17 years or any act as an unruly child and committed before reaching the age of 18 years; provided, however, that such jurisdiction shall be for the sole purpose of completing, effec tuating, and enforcing that supervision or probation; or"

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Section 3. Said chapter is further amended by striking in its entirety subsection (d) of Code Section 15-11-5, which reads as follows:
"(d) The juvenile court shall not have jurisdiction to initiate any new action against an individual for acts committed after he has reached the age of 17 years. This subsection does not affect the court's jurisdiction to enter extension orders pursuant to Code Section 15-1141.",
and inserting in its place a new subsection (d) to read as follows:
"(d) The juvenile court shall not have jurisdiction to initiate any new action against an individual:
(1) As a deprived child after the individual reaches the age of 18 years;
(2) For acts as a delinquent child committed after the individual reaches the age of 17 years; or
(3) For acts as an unruly child committed after the individual reaches the age of 18 years.
This subsection does not affect the court's jurisdiction to enter extension orders pursu ant to Code Section 15-11-41."
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

Senators Barker of the 18th and Scott of the 2nd offered the following amendment:

Amend the substitute to SB 20 offered by the Senate Committee on Judiciary by strik ing Section 4 in its entirety and adding a new Section 4 to read as follows:
"Section 4. This Act shall become effective July 1, 1988."

On the adoption of the amendment, the yeas were 27, nays 21, and the amendment was adopted.

On the adoption of the substitute, the yeas were 44, 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 Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell

Crumbley Dawkins Deal Dean Echols Edge English Engram Fincher Foster Garner Gillis Harris

Harrison Hine Holloway Howard Huggins Kidd Land Langford McGill McKenzie Newbill Olmstead Peevy

MONDAY, FEBRUARY 2, 1987

291

Perry
Phillips Ragan Ray
Scott of 2nd

Scott of 36th
Shumake Starr Stumbaugh
Timmons

Tolleson Turner
Tysinger Walker

Voting in the negative was Senator Hudgins.

Not voting were Senators Kennedy (presiding) and Tate (excused).

On the passage of the bill, the yeas were 53, nays 1.

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

Senator Phillips of the 9th introduced the doctor of the day, Dr. Roger Chapman, of Stone Mountain, Georgia.

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

SB 47. By Senator Barnes of the 33rd:
A bill to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers, so as to change provisions relating to liability insurance for and indemnification of public officers, officials, and employees; to clarify which of ficers, officials, and employees may be covered.

The Senate Committee on Insurance offered the following substitute to SB 47:

A BILL
To be entitled an Act to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers, so as to change provisions relating to liability insurance for and indemnification of public officers, officials, and employees; to clarify which officers, officials, and employees may be covered; to provide for coverage with respect to legal fees and ex penses incurred in proceedings before professional licensing boards, disciplinary boards and commissions, and other similar bodies; to change provisions relating to designation by the Governor of counsel for certain officers, officials, boards, and bureaus; to provide for counsel in proceedings before professional licensing boards, disciplinary boards and commissions, and other similar bodies; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 45 of the Official Code of Georgia Annotated, relating to public officers, is amended by striking Code Section 45-9-1, relating to insurance for and indemnification of public officers, officials, and employees, and inserting in its place a new Code Section 45-9-1 to read as follows:
"45-9-1. (a) In addition to any other compensation which may be paid to an officer, official, or employee of any agency, board, bureau, commission, department, or authority of the executive, judicial, or legislative branch of government of this state, each such agency, board, bureau, commission, department, or authority is authorized, in its discretion, to purchase policies of liability insurance or contracts of indemnity or to formulate sound pro grams of self-insurance utilizing funds available to such agency, board, bureau, commission, department, or authority, insuring or indemnifying such officers, officials, or employees to the extent that they are not immune from liability against personal liability for damages arising out of the performance of their duties or in any way connected therewith. Such poli cies of liability insurance, contracts of indemnity, or programs of self-insurance may also

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JOURNAL OF THE SENATE

provide for reimbursement to an officer, official, or employee of any agency, board, bureau, commission, department, or authority of the state for reasonable legal fees and other ex penses incurred in the successful defense of a criminal action arising out of the performance of his official duties. In addition, in the case of an officer, official, or employee who is re quired to maintain a professional license, such reimbursement may also be provided for legal fees and other expenses so incurred in the successful defense of a charge arising out of the performance of his official duties in proceedings before a professional licensing board, disciplinary board or commission, or other similar body. Legal fees and other expenses shall be subject to adjustment by and the approval of the Attorney General.
(b) Such agencies, boards, bureaus, commissions, departments, or authorities may ex pend federal and state or other available funds for such purposes. The amount of such in surance or indemnity shall also be in the discretion of such agency, board, bureau, commis sion, department, or authority.
(c) For the purpose of this article, the term 'agency' shall specifically include, but shall not be limited to, public retirement systems of state-wide application established by the laws of this state, but shall not include counties or municipalities; provided, however, that the employees of county departments of health and county departments of family and chil dren services as well as the members of the boards of said departments shall be considered to be state employees or officials for the purpose of this article.
(d) The existence of such insurance or indemnification shall not be disclosed or sug gested in any action brought against such individual."
Section 2. Said title is further amended by striking Code Section 45-15-70, relating to provision of counsel for public officers and agencies, and inserting in its place a new Code Section 45-15-70 to read as follows:
"45-15-70 (a) When any action or proceeding is filed in any court of this state, in any federal court, or with any professional licensing board, disciplinary board or commission, or other similar body, which action or proceeding is against a public officer, public official, a state board or bureau, or against any member of such board or bureau and which action or proceeding seeks relief against such officer, official, board, or bureau in the administration of his or its duties, and when the state compensates or appropriates or allocates moneys to such officer, official, board, or bureau which is used in the administration of his or its duties, and this shall include county registrars, and when no regular counsel is provided within a reasonable time for such officer, official, board, bureau, or county registrar by the Attorney General, then the Governor may direct the Attorney General to provide such counsel. In the event the Attorney General refuses to provide such counsel within a reasonable time after having been directed by the Governor to do so, the Governor is authorized to designate legal counsel in such case for such officer, official, board, or bureau, or any member of such board or bureau, or county registrar.
(b) Whenever the Governor designates counsel in any action specified in subsection (a) of this Code section, any fees or expenses paid to or on account of such counsel and any court costs shall be paid by the 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 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:

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293

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen B,,BBrrrooawnunnnoonof.f. 44..67. tth.h Bryant
Burton Coleman Coverdell Crumbley Dawkins Deal Dean

Echols Edge English Engram Fincher Foster G.HH,iaalrlrirrsiisson Hine
Holloway Howard Muggins Kidd Land Langford McGill

Newbill Olmstead Perry Phillips Ragan j^ aaS0ccoo*t,t,ttt ooffft 23fo>cn6^dAt..h Shumake
tarr , , btumbaugh Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Garner Hudgins

Kennedy (presiding) McKenzie

Peevy Tate (excused)

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

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

SB 81. By Senators Langford of the 35th, Coverdell of the 40th, Scott of the 36th and others:
A bill to amend Chapter 10 of Title 36 of the Official Code of Georgia Annotated, relating to public works contracts, so as to provide that in any county of this state having a population of 550,000 or more according to the United States de cennial 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 Senate Committee on Rules offered the following amendment:

Amend SB 81 by striking lines 16 and 17 of page 1 and inserting in their place the following:
"contracts, is amended by striking Code Section 36-10-2.1, relating to other factors to be considered in certain counties in determining the responsibility of a bidder, and inserting in its place a new Code section to read as".

On the adoption of the amendment, the yeas were 33, nays 0, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin

Barker Barnes Bowen

Brannon Broun of 46th Brown of 47th

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JOURNAL OF THE SENATE

Bryant Burton Coleman Coverdell Crumbley Deal Dean Echols Edge English Engram Fincher Foster Gillis

Harris Harrison Hine Holloway Howard Huggins Kidd Land Langford McGill McKenzie Newbill Olmstead Peevy

Perry Phillips Ragan Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Dawkins Garner

Hudgins Kennedy (presiding)

Tate (excused)

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

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

SB 82. By Senators Langford of the 35th, Coverdell of the 40th, Scott of the 36th and others:
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, as amended, so as to create the position of senior judge of any such court; to provide the qualifications for said position; to provide for the duties of such senior judges.

The Senate Committee on Rules offered the following amendment:

Amend SB 82 by adding on line 6 of page 1 after the following: "p. 1207),",
the following: "and an Act approved March 28, 1986 (Ga. L. 1986, p. 455),". By striking lines 19 and 20 of page 1 and inserting in their place the following: "March 30, 1977 (Ga. L. 1977, p. 1207), and an Act approved March 28, 1986 (Ga. L.
1986, p. 455), is amended by striking Section 11A thereof, relating to the office of senior judge of a city court, and inserting in its place a new Section 11A to read".

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 Bowen

MONDAY, FEBRUARY 2, 1987

295

Brannon Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Edge English Engram Fincher

Foster Garner Gillis Harris Harrison Hine Holloway Howard Huggins Kidd Land Langford McGill McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Timmons Turner Tysinger Walker

Those not voting were Senators:

Echols Hudgins

Kennedy (presiding) Tate (excused)

Tolleson

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

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

SB 83. By Senators Langford of the 35th, Coverdell of the 40th, Scott of the 36th and others:
A bill to amend Chapter 41 of Title 36 of the Official Code of Georgia Annotated, known as the "Urban Residential Finance Authorities Act for Large Municipali ties" (municipalities of this state having a population of 400,000 or more accord ing to the United States decennial census of 1980 or any future such census), so as to change the provisions relating to certain definitions.

The Senate Committee on Rules offered the following amendment:

Amend SB 83 by striking lines 12 and 13 of page 11 and inserting in their place the following:
"striking subsection (c) of Code Section 36-41-6, relating to loans to qualified housing sponsors or eligible households, and inserting in its place a new".

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

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen

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

Crumbley Dawkins Deal Dean Echols Edge

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JOURNAL OF THE SENATE

English Fincher Foster Garner Harris Harrison Howard Huggins Kidd Langford

McGill McKenzie Newbill Olmstead Peevy Perry Phillips Ragan Ray Scott of 2nd

Those not voting were Senators:

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

Coverdell Engram Gillis

Hine Holloway Hudgins

Kennedy (presiding) Land Tate (excused)

On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed as amended.

SB 84. By Senators Langford of the 35th, Coverdell of the 40th, Scott of the 36th and others:
A bill to amend an Act fixing the compensation of the board of commissioners of counties having a population of 550,000 or more according to the United States decennial census of 1970 or any future such census, as amended, so as to change the provisions relating to the United States decennial census used for the popula tion classifications of such counties.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

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

Echols Edge English Engram Fincher Foster Garner Gillis Harris Harrison Holloway Howard Huggins Kidd Langford McGill

Newbill Olmstead Peevy Perry Ragan Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Timmons Tolleson Turner Tysinger Walker

MONDAY, FEBRUARY 2, 1987

297

Those not voting were Senators:

Hine Hudgins Kennedy (presiding)

Land McKenzie

Phillips Tate (excused)

On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed.

SB 85. By Senators Langford of the 35th, Coverdell of the 40th, Scott of the 36th and others:
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 Senate Committee on Rules offered the following amendment:
Amend SB 85 by striking lines 13 and 14 of page 1 and inserting in their place the following:
"succeeding councils, is amended by striking subsection (c) thereof and inserting in its place a new subsection (c) to read".
On the adoption of the amendment, the yeas were 33, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen
oBrown off 4,^7tuh BBruyrtaonnt Coleman Coverdell Crumbley Dawkins Deal Dean Echols

Edge English Fincher Foster Garner Gillis
H arnson HKoinlleoway Howard Muggins Kidd Land Langford McGill McKenzie

Newbill Olmstead Peevy Perry Phillips
Scott ooff 326ndth S,,,humak, e btarr Stumbaugh Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Broun of 46th Engram

Hudgins Kennedy (presiding)

Ragan Tate (excused)

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JOURNAL OF THE SENATE

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

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

SB 91. By Senator Allgood of the 22nd:
A bill to amend Code Section 40-5-55 of the Official Code of Georgia Annotated, relating to certain chemical tests administered to determine the alcoholic or drug content of certain persons who operate motor vehicles, so as to require that such chemical tests shall be administered as soon as possible to any person who oper ates a motor vehicle upon the highways or elsewhere throughout this state who is involved in any traffic accident resulting in serious injuries or fatalities.

The Senate Committee on Judiciary offered the following amendment:

Amend SB 91 by striking from line 8 of page 1 the following: "serious".
By striking from line 9, line 19, and line 30 of page 2 and from line 10 of page 3 the following:
"serious".

Senator Allgood of the 22nd moved that SB 91 be placed on the Table.

On the motion, the yeas were 40, nays 0; the motion prevailed, and SB 91 was placed on the Table.

SB 92. By Senators Mine of the 52nd and Dawkins of the 45th:
A bill to amend Code Section 40-5-55 of the Official Code of Georgia Annotated, relating to implied consent to chemical tests and suspension of drivers' licenses for refusal to submit to tests, so as to provide that the sworn report of a law enforcement officer regarding the refusal of an arrested person to submit to chemical tests shall be transmitted to the Department of Public Safety within ten days after the date of the arrest of such person.

The Senate Committee on Judiciary offered the following amendment:

Amend SB 92 by adding after the word "person" on line 8 of page 1 the following: "; to provide that the period of suspension shall run from the expiration of such ten-day period".
By adding following the word "person" on line 11 of page 2 the following: ", and the period of suspension shall run from the expiration of such ten-day period".

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

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin

Barker Barnes Bowen

Brannon Broun of 46th Brown of 47th

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299

Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean
Echols Edge English Engram Fincher
Foster Garner

Gillis
Harris Harrison Hine Holloway
Howard Huggins Kidd Land
Langford McGill McKenzie Newbill Olmstead

Peevy Perry Phillips Ragan Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Timmons Tolleson Turner Tysinger

Those not voting were Senators:

Hudgins Kennedy (presiding)

Tate (excused)

Walker

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

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

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

At 12:10 o'clock P.M., Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced the Senate adjourned until 10:00 o'clock A.M. tomorrow.

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Senate Chamber, Atlanta, Georgia Tuesday, February 3, 1987 Fourteenth Legislative Day
The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.
Senator Barker of the 18th reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House and Senate:
HB 395. By Representative Mobley of the 64th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Barrow County School Sys tem by merging the independent school system of the City of Winder and the county school system of Barrow County into one school district and creating a board of education and a school superintendent of the merged system.
HB 396. By Representative Mobley of the 64th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Barrow County Industrial Building Authority; to provide the authority for this Act.
HB 400. By Representative Branch of the 137th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the City of Fitzgerald to levy a tax not to exceed one mill for the purpose of promoting and encouraging the location of new industries; to provide the authority for this Act.
HB 403. By Representative Branch of the 137th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Fitzgerald and Ben Hill County Development Authority.
HB 406. By Representatives Bostick of the 138th and Carter of the 146th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment relating to the selection and service of the board of education and the school superintendent of Tift County.
HB 407. By Representatives Bostick of the 138th and Carter of the 146th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment relating to the creation of the Tift County Development Authority and the powers and administration of the authority.

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301

HB 408. By Representatives Bostick of the 138th and Carter of the 146th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment relating to the levy of a tax for the use of the Tift County Development Authority.
HB 410. By Representatives Johnson of the 123rd, Triplett of the 128th, Pannell of the 122nd, Hamilton of the 124th and Mueller of the 126th:
A bill to amend an Act creating a new charter for the Town of Thunderbolt, so as to abolish the office of clerk and ex officio treasurer.
HB 411. By Representatives Johnson of the 123rd, Triplett of the 128th, Pannell of the 122nd, Hamilton of the 124th and Mueller of the 126th:
A bill to amend an Act creating a new charter for the Town of Thunderbolt, so as to change the maximum compensation of the mayor and aldermen.
HB 417. By Representative Royal of the 144th:
A bill to amend an Act incorporating the City of Sale City in Mitchell County, so as to provide for the filling of vacancies in the office of mayor or councilman.
HB 441. By Representatives Pannell of the 122nd, Alien of the 127th, Johnson of the 123rd, Hamilton of the 124th, Kingston of the 125th and others:
A bill to amend an Act making provisions for the Magistrate Court of Chatham County and abolishing the Municipal Court of Savannah, so as to provide for the collection of additional costs as law library fees.
HB 56. By Representative Robinson of the 58th:
A bill to amend Article 21 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Buying Services Act of 1975", so as to provide that contracts shall advise purchasers regarding cancellations by certified mail; to change provisions relating to the applicability of the "Georgia Administrative Procedure Act"; to provide that certain violations shall be violations of the "Fair Business Practices Act".
HB 131. By Representatives Jackson of the 9th, Post 3, Colwell of the 4th, Post 1 and Hays of the 1st, Post 2:
A bill to amend Article 1 of Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions relative to jails, so as to change the provisions relating to the oath of jailers.
HB 154. By Representative Colwell of the 4th:
A bill to amend Code Section 50-16-32 of the Official Code of Georgia Annotated, relating to the State Properties Commission, so as to change the provisions relat ing to the expense allowance and travel cost reimbursement for citizen members of the commission.
HB 193. By Representative Watson of the 114th:
A bill to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the health insurance plan for state employees, so as to change the definition of the term "employee" to exclude certain employees of the Jekyll Island-State Park Authority.

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HB 279. By Representatives Thomas of the 69th and Chambless of the 133rd:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to correct grammatical, typographical, stylistic, and other errors and omissions in the Official Code of Georgia Annotated, and in Acts of the General Assembly amending Title 47 of the Official Code of Georgia Annotated; to correct capitalization, spelling and punctuation; to correct refer ences to renamed or redesignated persons, retirement or pension systems, courts, or other entities.
HB 294. By Representatives Coleman of the 118th, Jackson of the 9th, McDonald of the 12th and Hanner of the 131st:
A bill to amend Article 2 of Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia State Patrol, so as to provide that the Georgia State Patrol shall make certain unmarked pursuit vehicles available to the Geor gia Public Safety Training Center to be used for training public safety officers.
HB 304. By Representatives Reaves of the 147th, Royal of the 144th, Sherrod of the 143rd, Long of the 142nd, Patten of the 149th and others:
A bill to amend an Act providing for a supplement to the compensation of the judges of the Superior Courts of the Southern Judicial Circuit, so as to increase the supplement to the compensation of the judges of the Superior Courts of the Southern Judicial Circuit and to provide for the payment of such supplement in specified amounts by the counties comprising the Southern Judicial Circuit.
HB 378. By Representatives Murphy of the 18th, Thomas of the 69th, Connell of the 87th, McDonald of the 12th, Walker of the 115th and others:
A bill to amend Code Section 28-4-4 of the Official Code of Georgia Annotated, relating to the legislative counsel, so as to provide for the election of the legisla tive counsel by the Legislative Services Committee.
SB 59. By Senator Garner of the 30th:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of superior courts, so as to change the terms of court for the superior courts of the Douglas Judicial Circuit; to provide an effective date.
The House has adopted by the requisite constitutional majority the following resolu tions of the House:
HR 55. By Representative Hudson of the 117th:
A resolution authorizing the conveyance of certain state owned property located in the City of Hawkinsville, Pulaski County, Georgia, to the Pulaski Develop ment Company, Inc.
HR 60. By Representatives Colwell of the 4th and Twiggs of the 4th:
A resolution transferring the ownership of a certain structure owned by the Geor gia Forestry Commission to the Fannin County Board of Commissioners.
HR 99. By Representative Kingston of the 125th:
A resolution authorizing the State of Georgia, acting by and through the State Properties Commission, to grant and convey to the City of Tybee Island an ease ment over, under, across, and through certain property owned by the State of Georgia and located in Chatham County, Georgia, for the construction, installa tion, operation, maintenance, repair, improvement, and replacement of a fishing pier and pavilion facilities.

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303

HR 100. By Representatives Peters of the 2nd and Ramsey of the 3rd:
A resolution authorizing the conveyance of certain state owned real property lo cated in Graysville, Catoosa County, Georgia.
HR 101. By Representative Ricketson of the 82nd:
A resolution authorizing the conveyance of certain state owned real property lo cated within Taliaferro County, Georgia, to the Georgia Power Company.
The following bills and resolution of the Senate were introduced, read the first time and referred to committees:
SB 234. By Senators Coverdell of the 40th and Newbill of the 56th:
A bill to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, known as the "Ethics in Government Act," so as to impose limitations on the amount that may be contributed, either by direct contribution or by expenditure, to a candidate for public office by any individual person, business entity, labor organization, or political action committee. Referred to Committee on Governmental Operations.
SB 235. By Senators Barnes of the 33rd, Kidd of the 25th, Langford of the 35th and others:
A bill to amend Chapter 9 of Title 43 of the Official Code of Georgia Annotated, relating to chiropractors, so as to change certain definitions; to provide for addi tional continuing education requirements; to change the scope of practice of chi ropractors; to provide for ancillary procedures; to provide for a chiropractic stan dard of care and skill and authorize recovery for certain injuries. Referred to Committee on Human Resources.
SB 236. By Senators Starr of the 44th and Crumbley of the 17th:
A bill to amend Code Section 29-5-13 of the Official Code of Georgia Annotated, relating to compensation and expenses concerning guardianship hearings, so as to change the hearing fees for examining psychologists and physicians and for ap pointed attorneys; to change the provisions for awarding of certain additional fees. Referred to Committee on Children and Youth.
SB 237. By Senators Tolleson of the 32nd and Langford of the 35th:
A bill to amend Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to specialized land transactions, so as to require certain notices, offers, and sales regarding conveyances of mobile home parks; to provide for definitions; to provide for damages; to require notice prior to certain sales, leases, or changes of use of mobile home parks; to limit and provide for defenses to actions for possession. Referred to Committee on Industry and Labor.
SB 238. By Senator Barnes of the 33rd:
A bill to amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses in general, so as to provide that a person who is licensed to practice one of certain healing arts under certain provisions of said title shall have the authority to delegate the performance of certain acts; to provide conditions and limitations; to provide for authority of state examining boards. Referred to Committee on Human Resources.

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SB 239. By Senator Garner of the 30th:
A bill to amend Code Section 43-18-41 of the Official Code of Georgia Annotated, relating to qualifications of applicants for a license as either an embalmer or a funeral director, so as to change certain provisions relating to apprentices; to pro vide for the termination of certain apprenticeships.
Referred to Committee on Governmental Operations.
SB 240. By Senator Edge of the 28th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the governing authority of Spalding County to enact ordinances and regulations, including, but not limited to, traffic regulations and garbage and solid waste disposal regulations for the policing and governing of the unincorporated areas of the county; to provide the authority for this Act.
Referred to Committee on Urban and County Affairs.
SB 241. By Senator Edge of the 28th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing for the establishment of fire protection districts in Spalding County and for the levy of taxes and the issuance of bonds in addition to the maximum debt limitations of a county; to provide the authority for this Act.
Referred to Committee on Urban and County Affairs.
SB 242. By Senator Edge of the 28th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the board of commissioners of Spalding County to license and regulate businesses and levy a license fee on businesses in the unincorporated areas of Spalding County except those busi nesses regulated by the Public Service Commission; to provide the authority for this Act.
Referred to Committee on Urban and County Affairs.
SB 243. By Senator Edge of the 28th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing Spalding County to levy a one percent retail sales and use tax on sales and uses within the county to pro vide funds for the financing of public facilities and to authorize Spalding County and the Griffin-Spalding County School System to issue general obligation bonds without a referendum election under certain conditions; to provide the authority for this Act.
Referred to Committee on Urban and County Affairs.
SR 86. By Senators Coverdell of the 40th, Newbill of the 56th, Harrison of the 37th and others:
A resolution proposing an amendment to the Constitution to prohibit supple mentary appropriations Acts and amendments to general appropriations Acts un less additional appropriations are necessary as a result of an emergency pro claimed by the Governor and are approved by a two-thirds' vote of the Senate and the House of Representatives in a roll-call vote; to provide for the submis sion of this amendment for ratification or rejection.
Referred to Committee on Appropriations.

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305

The following hills and resolutions of the House were read the first time and referred to committees:
HB 56. By Representative Robinson of the 58th: A hill to amend Article 21 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Buying Services Act of 1975", so as to provide that contracts shall advise purchasers regarding cancellations by certified mail; to change provisions relating to the applicability of the "Georgia Administrative Procedure Act"; to provide that certain violations shall be violations of the "Fair Business Practices Act".
Referred to Committee on Industry and Labor.
HB 131. By Representatives Jackson of the 9th, Colwell of the 4th and Hays of the 1st: A bill to amend Article 1 of Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions relative to jails, so as to change the provisions relating to the oath of jailers.
Referred to Committee on Public Safety.
HB 154. By Representative Colwell of the 4th: A bill to amend Code Section 50-16-32 of the Official Code of Georgia Annotated, relating to the State Properties Commission, so as to change the provisions relat ing to the expense allowance and travel cost reimbursement for citizen members of the commission.
Referred to Committee on Public Utilities.
HB 193. By Representative Watson of the 114th: A bill to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the health insurance plan for state employees, so as to change the definition of the term "employee" to exclude certain employees of the Jekyll Island-State Park Authority.
Referred to Committee on Insurance.
HB 279. By Representatives Thomas of the 69th and Chambless of the 133rd:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to correct grammatical, typographical, stylistic, and other errors and omissions in the Official Code of Georgia Annotated, and in Acts of the General Assembly amending Title 47 of the Official Code of Georgia Annotated; to correct capitalization, spelling and punctuation; to correct refer ences to renamed or redesignated persons, retirement or pension systems, courts, or other entities. Referred to Committee on Retirement.
HB 294. By Representatives Coleman of the 118th, Jackson of the 9th, McDonald of the 12th and Hanner of the 131st:
A bill to amend Article 2 of Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia State Patrol, so as to provide that the Georgia State Patrol shall make certain unmarked pursuit vehicles available to the Geor gia Public Safety Training Center to be used for training public safety officers. Referred to Committee on Public Safety.
HB 304. By Representatives Reaves of the 147th: A bill to amend an act providing for a supplement to the compensation of the judges of the Superior Courts of the Southern Judicial Circuit, so as to increase

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the supplement to the compensation of the judges of the Superior Courts of the Southern Judicial Circuit and to provide for the payment of such supplement in specified amounts by the counties comprising the Southern Judicial Circuit. Referred to Committee on Judiciary.
HB 378. By Representatives Murphy of the 18th, Thomas of the 69th, Connell of the 87th and others:
A bill to amend Code Section 28-4-4 of the Official Code of Georgia Annotated, relating to the legislative counsel, so as to provide for the election of the legisla tive counsel by the Legislative Services Committee. Referred to Committee on Judiciary.
HR 55. By Representative Hudson of the 117th:
A resolution authorizing the conveyance of certain state owned property located in the City of Hawkinsville, Pulaski County, Georgia, to the Pulaski Develop ment Company, Inc. Referred to Committee on Public Utilities.
HR 60. By Representatives Colwell of the 4th and Twiggs of the 4th:
A resolution transferring the ownership of a certain structure owned by the Geor gia Forestry Commission to the Fannin County Board of Commissioners. Referred to Committee on Public Utilities.
HR 99. By Representative Kingston of the 125th:
A resolution authorizing the State of Georgia, acting by and through the State Properties Commission, to grant and convey to the City of Tybee Island an ease ment over, under, across, and through certain property owned by the State of Georgia and located in Chatham County, Georgia, for the construction, installa tion, operation, maintenance, repair, improvement, and replacement of a fishing pier and pavilion facilities. Referred to Committee on Public Utilities.
HR 100. By Representatives Peters of the 2nd and Ramsey of the 3rd:
A resolution authorizing the conveyance of certain state owned real property lo cated in Graysville, Catoosa County, Georgia. Referred to Committee on Public Utilities.
HR 101. By Representative Ricketson of the 82nd:
A resolution authorizing the conveyance of certain state owned real property lo cated within Taliaferro County, Georgia, to the Georgia Power Company. Referred to Committee on Public Utilities.
HB 395. By Representative Mobley of the 64th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Barrow County School Sys tem by merging the independent school system of the City of Winder and the county school system of Barrow County into one school district and creating a board of education and a school superintendent of the merged system. Referred to Committee on Urban and County Affairs.

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307

HB 396. By Representative Mobley of the 64th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Barrow County Industrial Building Authority; to provide the authority for this Act. Referred to Committee on Urban and County Affairs.
HB 400. By Representative Branch of the 137th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the City of Fitzgerald to levy a tax not to exceed one mill for the purpose of promoting and encouraging the location of new industries; to provide the authority for this Act. Referred to Committee on Urban and County Affairs.
HB 403. By Representative Branch of the 137th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Fitzgerald and Ben Hill County Development Authority. Referred to Committee on Urban and County Affairs.
HB 406. By Representatives Bostick of the 138th and Carter of the 146th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment relating to the selection and service of the board of education and the school superintendent of Tift County.
Referred to Committee on Urban and County Affairs.
HB 407. By Representatives Bostick of the 138th and Carter of the 146th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment relating to the creation of the Tift County Development Authority and the powers and administration of the authority. Referred to Committee on Urban and County Affairs.
HB 408. By Representatives Bostick of the 138th and Carter of the 146th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment relating to the levy of a tax for the use of the Tift County Development Authority.
Referred to Committee on Urban and County Affairs.
HB 410. By Representatives Johnson of the 123rd, Triplet! of the 128th, Pannell of the 122nd and others:
A bill to amend an Act creating a new charter for the Town of Thunderbolt, so as to abolish the office of clerk and ex officio treasurer. Referred to Committee on Urban and County Affairs.
HB 411. By Representatives Johnson of the 123rd, Triplett of the 128th, Pannell of the 122nd and others: A bill to amend an Act creating a new charter for the Town of Thunderbolt, so as to change the maximum compensation of the mayor and aldermen.
Referred to Committee on Urban and County Affairs.

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HB 417. By Representative Royal of the 144th:
A bill to amend an Act incorporating the City of Sale City in Mitchell County, so as to provide for the filling of vacancies in the office of mayor or councilman. Referred to Committee on Urban and County Affairs.

HB 441. By Representatives Pannell of the 122nd, Alien of the 127th, Johnson of the 123rd and others:
A bill to amend an Act making provisions for the Magistrate Court of Chatham County and abolishing the Municipal Court of Savannah, so as to provide for the collection of additional costs as law library fees.
Referred to Committee on Urban and County Affairs.

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

Mr. President:

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

SB 104. Do pass.

SB 211. Do pass.

SB 105. Do pass as amended.

SB 220. 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 bill of the Senate and has instructed me to report the same back to the Senate with the follow ing recommendation:
SB 159. Do pass as amended.
Respectfully submitted,
Senator Barker of the 18th District, Chairman

Mr. President:

The Committee on Higher Education has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 307. Do pass.
Respectfully submitted,
Senator Fincher of the 54th District, Chairman

Mr. President:

The Committee on Insurance has had under consideration the following bill of the Sen ate and has instructed me to report the same back to the Senate with the following recommendation:
SB 134. Do pass.
Respectfully submitted,
Senator Stumbaugh of the 55th District, Chairman

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309

Mr. President:

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

SB 194. Do pass. SB 195. Do pass. SB 196. Do pass.

SB 199. Do pass. SB 201. Do pass. SB 215. Do pass.

Respectfully submitted,

Senator Deal of the 49th District, Chairman

Mr. President:

The Committee on Public Utilities has had under consideration the following resolu tions of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SR 17. Do pass. SR 19. Do pass. SR 45. Do pass.
Respectfully submitted,
Senator Brown of the 47th District, Chairman

Mr. President:

The Committee on Special Judiciary has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 177. Do pass.
Respectfully submitted,
Senator Peevy of the 48th 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 217.
SB 224. SB 225. SB 226. HB 319.

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

HB 321. Do pass. HB 322 Do pass.
HB 323. Do pass. HB 324' Do Pass'

HB 320. Do pass.

HB 325. Do pass. Respectfully submitted,
Senator Turner of the 8th District, Chairman

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

SB 29. By Senators Coverdell of the 40th, Harrison of the 37th, Newbill of the 56th and others:
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 16 years of age shall be protected by safety belts while being transported in motor vehicles; to provide for penalties.

SB 112. By Senator Burton of the 5th:
A bill to amend Article 5 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to cruelty to children, so as to make it unlawful for any per son to tattoo the body of any person under the age of 18; to provide exceptions; to provide a penalty; to provide an effective date.

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

Albert Allgood Baldwin Barker Barnes
BRBrroawnnnonof 47th, Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols

Edge English Engram Fincher Garner
HHTIaarrrriisson " ine _, Howard Hudgins Huggins Kennedy Kidd McGill McKenzie

Newbill Olmstead Perry Ragan Ray
SS0 ccoo^tttt ooffr 23On6^dtLh Shumake ftarr u Stumbaugh Timmons Tolleson Turner Tysinger Walker

Those not answering were Senators:

Bowen Broun of 46th Foster Gillis

Holloway Land Langford

Peevy Phillips Tate (excused)

Senator Burton of the 5th introduced the chaplain of the day, Major Jack Waters, Georgia Commander of The Salvation Army, Atlanta, Georgia, who offered scripture reading and prayer.

The following resolution of the Senate was read and adopted:

SR 90. By Senator Timmons of the llth: A resolution expressing regret at the passing of Benjamin Thomas Burson, Jr.

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

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311

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 3, 1987
FOURTEENTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 217 Foster, 50th Lumpkin County Provides for appointment of school superintendent of county by Board of Education; provides for other matters relative thereto.
SB 224 Baldwin, 29th City of West Point Troup County Continues amendment providing for establishment of Downtown West Point Development Authority.
SB 225 Baldwin, 29th City of West Point Troup County Continues amendment creating West Point Development Authority.
SB 226 Baldwin, 29th Troup County Continues amendment creating Troup County Development Authority.
HB 319 Brannon, 51st City of Jasper Pickens County Continues amendment creating City of Jasper Industrial Development Au thority.
HB 320 Harrison, 37th Brannon, 51st Cherokee County Continues amendment duly ratified at General Election in 1966 which creates the Cherokee County Development Authority.
HB 321 Harrison, 37th Brannon, 51st Cherokee County Continues amendment which authorized governing authority of county to es tablish and administer fire protection districts and sewerage districts in the unincorporated area of county.
HB 322 Harrison, 37th Brannon, 51st Cherokee County Continues amendment which creates Cherokee County Airport Authority.

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HB 323 Harrison, 37th Brannon, 51st City of Canton Cherokee County
Continues amendment which relates to merger of Canton Independent School System and Cherokee County School System into one consolidated school system and provides for election of members of Cherokee County Board of Education.

HB 324 Brannon, 51st Pickens County
Continues amendment providing for election of members of Board of Educa tion of county by the people.

HB 325 Brannon, 51st Harrison, 37th Cherokee 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 the Official Code of Georgia Annotated.

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 Broun of 46th Brown of 47th ^ryfl BCoulretomnan
Coverdell Crumbley Dawkins Deal Dean Echols

Edge English Engram Foster Garner Gillis Harris Sarrisn HHoinlleoway
Howard Hudgins Huggins Kidd McGill McKenzie

Newbill Olmstead Peevy Perry Phillips R p, Scott of 36th S_,humak. e
Starr Stumbaugh Tolleson Turner Tysinger Walker

Those not voting were Senators:

Bowen Brannon Fincher

Kennedy (presiding) Land Langford

Scott of 2nd Tate (excused) Timmons

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

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

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313

SENATE CALENDAR
Tuesday, February 3, 1987
FOURTEENTH LEGISLATIVE DAY
SB 107 Game and Fish--increase amount of hunting, fishing license fees (AMEND MENT) (NAT R--20th)
SB 130 Lake Lanier Island Development Authority--additional ordinances (NAT R--49th)
SB 131 Magistrate Courts--jurisdiction over trial violations of penal ordinances of state authority (JUDY--49th)
SB 148 Juvenile Courts--remove original jurisdiction over certain capital crimes (AMENDMENT) (S JUDY--48th)
SB 160 Department of Transportation Employee--compensation when injured in line of duty (AMENDMENT) (TRANS--4th)
SB 176 County Recorder's Court--collection of court case costs (S JUDY--48th) SR 33 Clinch County Board of Commissioners--Forestry Commission transfer certain
structure to (NAT R--7th) HB 33 Felony Committed Against Victim Under Fourteen (14) Years of
Age--prosecution commencement (AMENDMENT) (JUDY--33rd) HR 25 Honorable Viola Ross Napier--place portrait in State Capitol (RULES--26th)
HR 69 Clean Water Act--urge Congress to reauthorize (NAT R--49th) SB 32 Gwinnett Judicial Circuit Superior Courts--additional judge (JUDY--48th) SB 52 Meetings--misleading statements on purpose, deceptive trade practice
(AMENDMENT) (I&L--9th)
SB 75 Employment Security Law--maximum weekly benefit (SUBSTITUTE) (I&L--45th)
SB 154 Recipient of Energy Assistance Program--prevent retaining money when leaving State (GOV OP--9th)
SB 156 Certain Public Officer Recall--provisions applying to bringing about, opposing (GOV OP--25th)
HB 190 Electors List--certified copy to Superior Court Clerk not required (GOV OP--25th)
The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:
SB 107. By Senators Gillis of the 20th, Barnes of the 33rd, Dean of the 31st and others: A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to delete the reference to fees charged for hunting and fish ing in designated streams, lakes, or game management areas in Code Section 271-4; to increase the amount of license fees which may be retained by license agents.
Senator Perry of the 7th offered the following amendment:
Amend SB 107 by adding on page 7, line 5, immediately following the word and period "areas." where the same appears, the following:
"The General Assembly further declares its intent that a portion of the funds provided by hunters and fishermen through the yearly payment of the increases and changes in hunt ing and fishing licenses provided for in this Act may be used to fund personnel, equipment,

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and supplies to manage and improve fish and wildlife habitat and public wildlife manage ment and fishing areas. Funds from the sale of timber may also be used for this purpose."

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 Bowen Broun of 46th Brown of 47th BDBruyrtaionnt Coleman Coverdell
Crumbley
Dawkins
Deal
Dean Echols

Edge English Engram Foster Garner Gillis Harris Harnson MuHoinl11leoway Howard Hudgins
Huggins
Kidd
McGill
McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan jjay Scott of 2nd gcott Qf ,,n,numak, e
btumbaugh Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Brannon Fincher

Kennedy (presiding) Land

Langford Tate (excused)

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

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

The following resolution of the Senate was read and adopted:

SR 87. By Senators Barnes of the 33rd, Kidd of the 25th, Kennedy of the 4th and others:
A resolution recognizing and expressing gratitude to Frances S. Duncan.

Senator Barnes of the 33rd introduced Frances Duncan, Director of the Elections Divi sion of the Secretary of State's office of the State of Georgia.

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

SB 130. By Senator Deal of the 49th:
A bill to amend Part 3 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Lake Lanier Islands Development Authority, so as to provide additional authorization for the adoption and enforcement of

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315

reasonable ordinances by the authority; to provide additional authorization for the appointment of security officers.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bowen Brannon Broun of 46th Brown of 47th Bryant Coleman Coverdell Crumbley Dawkins Deal Dean Echols

Edge English Engram Fincher Foster Gillis Harris Harrison Mine Holloway Howard Hudgins Huggins Kidd McGill

McKenzie Newbill Olmstead Peevy Perry Phillips Ragan Ray Scott of 2nd Shumake Starr Stumbaugh Turner Tysinger Walker

Voting in the negative were Senators Barnes and Garner.

Those not voting were Senators:

Burton Kennedy (presiding) Land

Langford Scott of 36th Tate (excused)

Timmons Tolleson

On the passage of the bill, the yeas were 46, nays 2.

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

SB 131. By Senator Deal of the 49th:
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 magistrate courts shall have jurisdiction over the trial of charges of violations of penal ordinances of state authorities; to provide for practice and procedure with respect to such matters; to provide that this Act shall not grant to any state authority more power than it otherwise has to enact or enforce such ordinances.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin

Barker Barnes Bowen

Brannon Broun of 46th Brown of 47th

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Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Echols Edge English Engram Foster Garner

Gillis Harris Harrison Hine Holloway Howard Hudgins Huggins Kidd McGill McKenzie Newbill Olmstead

Peevy Perry Phillips Ragan Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tolleson Turner Walker

Those not voting were Senators:

Dean Fincher Kennedy (presiding)

Land Langford Tate (excused)

Tirnmons Tysinger

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

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

SB 148. By Senators Peevy of the 48th and Deal of the 49th:
A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change definitions; to re move the original jurisdiction of the juvenile courts over certain juvenile capital crimes; to change the provisions relating to taking into custody, detaining, and releasing certain children accused of committing juvenile capital crimes.

The Senate Committee on Special Judiciary offered the following amendment:

Amend SB 148 by striking from line 27 of page 2 the following:
"Code Section 15-11-38.1.' ",
and inserting in its place the following:
"Code Section 15-11-38.1 or if the grand jury before which the case is brought fails to indict the child.'"
By striking from lines 27 through 35 of page 5 the following:
"(b) If a grand jury before which is brought a case involving a juvenile capital crime under subsection (a) of this Code section does not indict the child for any juvenile capital crime within the time otherwise required for grand jury indictments of adults accused of like crimes, that case shall be transferred to the appropriate juvenile court pursuant to Code Section 15-11-13. Such a transfer shall terminate the jurisdiction of the superior court over that case."
By striking from line 1 of page 6 the following: "(c)",
and inserting in its place the following: "(b)".

Senator Peevy of the 48th moved that SB 148 be committed to the Senate Committee on Special Judiciary.

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317

On the motion, the yeas were 29, nays 0; the motion prevailed, and SB 148 was commit ted to the Senate Committee on Special Judiciary.

SB 160. By Senators Kennedy of the 4th and Coleman of the 1st:
A bill to amend Article 1 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to general provisions affecting the Department of Transpor tation, so as to provide that an employee of the Department of Transportation who is injured in the line of duty by an act of external violence, accident, or injury shall be entitled to regular compensation for the period of time that the employee is physically unable to perform the duties of his employment.

The Senate Committee on Transportation offered the following amendment:

Amend SB 160 by inserting on line 8 of page 2 following "section." the following: "Going to and from work shall not be considered in the line of duty."

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

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Brannon Broun of 46th Brown of 47th Bryant Burton Coverdell Crumbley Dawkins Deal Dean Echols

English Engram Fincher Foster Garner Gillis Harris Harrison Holloway Howard Hudgins Huggins Kidd McGill McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Timmons Tolleson Turner Tysinger Walker

Voting in the negative was Senator Edge.

Those not voting were Senators:

Bowen Coleman Hine

Kennedy (presiding) Land

Langford Tate (excused)

On the passage of the bill, the yeas were 48, nays 1.

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

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SB 176. By Senator Peevy of the 48th:
A bill to amend Code Section 36-15-9 of the Official Code of Georgia Annotated, relating to the collection of additional costs in court cases for law libraries, so as to authorize the collection of such costs in a recorder's court of a county if the county governing authority approves the charging and collecting of such costs; to provide an effective date.

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

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

Those voting in the affirmative were Senators:

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

Edge English Engram Fincher Foster Garner Gillis Harris Harrison Holloway Howard Hudgins Huggins Kidd McGill McKenzie

Newbill Olmstead Peevy Perry Phillips Ragan Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tolleson Turner Tysinger Walker

Voting in the negative was Senator Hine.

Those not voting were Senators:

Coleman Kennedy (presiding)

Land Langford

Tate (excused) Timmons

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

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

SR 33. By Senators Perry of the 7th and Turner of the 8th:
A resolution transferring the ownership of a certain structure owned by the Geor gia Forestry Commission to the Clinch County Board of Commissioners; to pro vide an effective date.

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

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

Those voting in the affirmative were Senators:

Albert Allgood

Baldwin Barker

Barnes Broun of 46th

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319

Bryant Burton Crumbley Dawkins Deal Dean Echols Edge English Engram Fincher Foster Garner

Gillis Harris Harrison Hine Holloway
Howard Hudgins Huggins Kidd McGill Newbill Olmstead Peevy

Perry Phillips Ragan Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tolleson Turner Tysinger Walker

Those not voting were Senators:

Bowen Brannon Brown of 47th Coleman

Coverdell Kennedy (presiding) Land Langford

McKenzie Tate (excused) Timmons

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

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

HB 33. By Representatives Chambless of the 133rd, Thomas of the 69th, Waldrep of the 80th and Thompson of the 20th:
A bill to amend Code Section 17-3-1 of the Official Code of Georgia Annotated, relating to limitation periods for criminal prosecutions generally, so as to provide that prosecution for felonies committed against victims who are at the time of commission under the age of 14 years or who are incompetent must be com menced within ten years after the commission of the crime.
Senate Sponsor: Senator Barnes of the 33rd.

The Senate Committee on Judiciary offered the following amendment:

Amend HB 33 by striking from lines 5 and 6 of page 1 the following: "or who are incompetent". By striking from line 20 of page 1 the following: "who are at the at the", and inserting in lieu thereof the following: "who are at the". By striking from line 22 of page 1 the following: "or who are incompetent".

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:

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Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Brannon Broun of 46th Brown of 47th Bryant Burton Crumbley Dawkins Deal Dean Echols Edge

English Engram Foster Garner Gillis Harris Harrison Hine Holloway Howard Hudgins Huggins Kidd McGill McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Bowen Coleman Coverdell

Fincher Kennedy (presiding) Land

Langford Tate (excused)

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

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

HR 25. By Representatives Pinkston of the 100th, Steinberg of the 46th, Groover of the 99th, Murphy of the 18th, Richardson of the 52nd and others:
A resolution commending Honorable Viola Ross Napier and authorizing the plac ing of her portrait in the State Capitol Building.
Senate Sponsor: Senator Olmstead of the 26th.

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

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

Those voting in the affirmative were Senators:

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

Deal Dean Echols English Engram Fincher Foster Garner Gillis Harris Harrison Hine Holloway Howard Hudgins

Huggins Kidd McGill McKenzie Olmstead Peevy Perry Phillips Ragan Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh

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321

Timmons Tolleson

Turner Tysinger

Walker

Those not voting were Senators:

Edge Kennedy (presiding)

Land Langford

Newbill Tate (excused)

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

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

HR 69. By Representatives Wood of the 9th, Lawson of the 9th, Jackson of the 9th and others:
A resolution urging the President and Congress to take action necessary to reauthorize the Clean Water Act.
Senate Sponsor: Senator Deal of the 49th.

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

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

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Bowen Brannon Broun of 46th Brown of 47th Bryant Crumbley Dawkins Deal Dean Echols

English Engram Fincher Foster Garner Gillis Harris Harrison Mine Holloway Howard Hudgins Huggins

Kidd McGill Olmstead Peevy Perry Ragan Ray Scott of 36th Starr Stumbaugh Tolleson Turner Walker

Those voting in the negative were Senators:

Albert Burton

Coverdell

Tysinger

Those not voting were Senators:

Coleman Edge Kennedy (presiding) Land

Langford McKenzie Newbill Phillips

Scott of 2nd Shumake Tate (excused) Timmons

On the adoption of the resolution, the yeas were 40, nays 4.

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

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The following resolution of the Senate was read and adopted:
SR 84. By Senator Broun of the 46th: A resolution commending Mr. Michael Hemphill.
Senator Broun of the 46th introduced Mr. Michael Hemphill to the Senators.
Senator Coleman of the 1st gave notice that, at the proper time, he would move that the Senate reconsider its action previously today in passing the following bill of the Senate:
SB 160. By Senators Kennedy of the 4th and Coleman of the 1st: A bill to amend Article 1 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to general provisions affecting the Department of Transpor tation, so as to provide that an employee of the Department of Transportation who is injured in the line of duty by an act of external violence, accident, or injury shall be entitled to regular compensation for the period of time that the employee is physically unable to perform the duties of his employment.
Serving as a doctor of the day today was Dr. Steven A. Wabnitz of Palmetto, Georgia.
Also serving as a doctor of the day today was Dr. Eloise Sherman of Savannah, Georgia.
The following report of the Committee on Enrolling and Journals was read by the Secretary:
Mr. President:
The Committee on Enrolling and Journals has read and examined the following Senate bill and has instructed me to report the same back to the Senate as correct and ready for transmission to the Governor:
SB 59.
Respectfully submitted, /s/ Ed Barker, Chairman
Senator, District 18
Senator Allgood of the 22nd moved that the Senate do now adjourn until 10:00 o'clock A.M. tomorrow, and the motion prevailed.
At 11:33 o'clock A.M., Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced the Senate adjourned until 10:00 o'clock A.M. tomorrow.

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323

Senate Chamber, Atlanta, Georgia Wednesday, February 4, 1987 Fifteenth Legislative Day
The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.
Senator Barker of the 18th reported that the Journal of yesterday's proceedings had been read and found correct.
Senator Kennedy of the 4th moved that the Senate reconsider its action yesterday in passing the following bill of the Senate:
SB 160. By Senators Kennedy of the 4th and Coleman of the 1st: A bill to amend Article 1 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to general provisions affecting the Department of Transpor tation, so as to provide that an employee of the Department of Transportation who is injured in the line of duty by an act of external violence, accident, or injury shall be entitled to regular compensation for the period of time that the employee is physically unable to perform the duties of his employment.
On the motion, the yeas were 30, nays 0; the motion prevailed, and SB 160 was recon sidered and placed at the foot of the Senate Calendar for today.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House and Senate:
HB 449. By Representatives Jamieson of the llth and Dover of the llth: A bill to provide for the appointment of the Stephens County School Superinten dent by the Board of Education of Stephens County; to provide for the school superintendent in office on January 1, 1987.
HB 453. By Representative Royal of the 144th: A bill to provide that the county school superintendent of Mitchell County shall be appointed by vote of the board of education to serve at the pleasure of the board.
HB 468. By Representative Phillips of the 120th: A bill to amend an Act creating a system of public schools for the City of Vidalia, so as to change the provisions relating to the election of the members of the board of education.
HB 483. By Representatives Mostiler of the 75th and Herbert of the 76th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the governing authority of Spalding County to issue general obligation bonds for the purpose of establishing

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educational facilities beyond the twelfth grade and to levy taxes for the payment of such bonds.
HB 484. By Representatives Mostiler of the 75th and Herbert of the 76th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing Spalding County to make temporary loans, limiting the aggregate amount of said loans outstanding at any one time, and providing that said loans must be paid off out of the taxes received by the county in the year in which said loans are made.
HB 485. By Representatives Mostiler of the 75th and Herbert of the 76th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the establishment of water districts in Spalding County outside of municipalities and providing for the levy of taxes to defray the costs of furnishing water.
HB 486. By Representatives Mostiler of the 75th and Herbert of the 76th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing Spalding County, in unincor porated areas, to construct, pave, maintain, and improve public streets, roads, and sidewalks and assess all or a portion of the cost of same against abutting property and the owners thereof.
HB 490. By Representative Ricketson of the 82nd:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Washington Wilkes Payroll Development Authority as a constitutional authority and public corporation.
HB 492. By Representatives Herbert of the 76th and Mostiler of the 75th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which provides for the merger of the ex isting school system and school district of the City of Griffin and the existing school district in the County of Spalding lying outside the corporate limits of said city into one school district coextensive with the limits of Spalding County.
HB 496. By Representatives Herbert of the 76th and Mostiler of the 75th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Spalding County, so as to change the compensation of the tax commissioner of Spalding County.
HB 509. By Representatives Ramsey of the 155th and Smith of the 156th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing that the general $2,000.00 homestead exemption shall not apply to taxes which are assessed and collected by the taxing authorities of Glynn County for the support and maintenance of education as recommended by the Glynn County Board of Education.
HB 510. By Representatives Ramsey of the 155th and Smith of the 156th:
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 establishment of a sew age system in the City of Brunswick and Glynn County and the procedure con nected therewith.

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325

HB 511. By Representatives Ramsey of the 155th and Smith of the 156th:
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 establishment, con struction, financing, and operation of municipal port and terminal facilities in the City of Brunswick and Glynn County and authorizing Glynn County to con tract with the City of Brunswick with respect to municipal port and terminal facilities.
HB 512. By Representatives Ramsey of the 155th and Smith of the 156th:
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 Glynn County to license and regulate businesses and persons in the unincorpo rated area of the county and to levy business license taxes or fees.
HB 513. By Representatives Ramsey of the 155th and Smith of the 156th:
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 Glynn County or any municipal corporation within Glynn County to provide for the exemption from all ad valorem taxation by such governing authority of all tangible personal property within Glynn County in transit.
HB 514. By Representatives Ramsey of the 155th and Smith of the 156th:
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 Glynn County to authorize the sale of distilled spirits and alcoholic beverages in Glynn County by the drink for consumption on the premises during certain hours.
HB 525. By Representative Murphy of the 18th:
A bill to abolish the present mode of compensating the clerk of the Superior Court of Haralson County, known as the fee system; to provide in lieu thereof an annual salary; to provide that all fees, costs, or other emoluments of said officer shall become the property of the county.
HB 526. By Representative Murphy of the 18th:
A bill to amend an Act creating the office of county commissioner of Haralson County, so as to change the compensation of the county commissioner of Haral son County.
HB 9. By Representative Lane of the 27th:
A bill to amend Chapter 31 of Title 31 of the Official Code of Georgia Annotated, relating to boxing match licenses, so as to change the provisions relating to the State Boxing Commission and the regulation of professional boxing matches and to create the State Professional Sports Commission to regulate professional sports events.
HB 159. By Representatives Jackson of the 9th, Crosby of the 150th and Barnett of the 10th:
A bill to amend Article 2 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title for motor vehicles, so as to require in surance companies to obtain a certificate of title for certain vehicles; to require certain individuals who cannot obtain certificates of title on salvaged and rebuilt motor vehicles to obtain certificates of title bond.

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HB 241. By Representatives Smith of the 78th, Porter of the 119th, Thomas of the 69th, Waldrep of the 80th, Bostick of the 138th and others:
A bill to amend Article 1 of Chapter 4 of Title 7 of the Official Code of Georgia Annotated, relating to general provisions regarding interest and usury, so as to provide that certain post-judgment interest shall apply automatically to certain judgments and shall be collectible as a part of such judgments whether or not such judgments specifically reflect the entitlement to such interest.
HB 291. 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; to provide for liens.
HB 338. By Representative Groover of the 99th:
A bill to amend Chapter 15 of Title 36 of the Official Code of Georgia Annotated, relating to county law libraries, so as to provide for the establishment of law libraries for judges of superior courts.
HB 377. By Representative Porter of the 119th:
A bill to amend Code Section 15-7-24 of the Official Code of Georgia Annotated, relating to solicitors of state courts, so as to provide that a solicitor shall, on the date he takes office, permanently reside within the judicial circuit containing the geographic area in which he is selected to serve.
HB 398. By Representative Lawson of the 9th:
A bill to amend Code Section 15-10-105 of the Official Code of Georgia Anno tated, relating to the selection of a clerk for a magistrate court, so as to provide for the qualifications of office of the clerk.
HB 404. By Representatives Wood of the 9th, Galer of the 97th, Bailey of the 72nd, Branch of the 137th, McKelvey of the 15th and others:
A bill to amend Code Section 38-3-27 of the Official Code of Georgia Annotated, relating to local organizations for emergency management, creation, structure, powers, and provision of financial assistance by state, so as to repeal the provi sions relating to state grants to assist local organizations for emergency manage ment in the purchase of disaster preparedness equipment and the procedures, requirements, and other matters relative thereto.
HB 436. By Representatives Thomas of the 69th, Groover of the 99th and Langford of the 7th:
A bill to amend Chapter 1 of Title 22 of the Official Code of Georgia Annotated, relating to general provisions affecting eminent domain, so as to provide for the payment by the condemnor of reasonable expenses, including attorney's fees, in curred by the condemnee in determining just and adequate compensation.
HB 455. By Representatives Lee of the 72nd, Couch of the 40th and Benn of the 38th:
A bill to amend Code Section 6-3-25 of the Official Code of Georgia Annotated, relating to powers of political subdivisions as to the operation of airports, so as to provide that such political subdivisions shall have the authority to lease portions of such property for an initial term of up to 50 years to private parties for devel opment of such property for all airport and travel related purposes.

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HB 515. By Representative Lane of the 27th:
A bill to amend Chapter 41 of Title 43 of the Official Code of Georgia Annotated, relating to recreation leaders, the practice of therapeutic recreation, and the State Board of Recreation Examiners, so as to change the provisions relating to the definition of a therapeutic recreation specialist.
HB 522. By Representatives Murphy of the 18th, Coleman of the 118th, Clark of the 13th, McDonald of the 12th, Walker of the 115th and others:
A bill to amend Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observances, so as to declare May 15 of each year as "Police Officer Memorial Day" and the calendar week in which it falls as "Police Week".
SB 4. By Senator Kidd of the 25th:
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 for the Superior Court of Hancock County in the Ocmulgee Judicial Circuit; to provide an effective date.
SB 23. By Senator Kidd of the 25th:
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 for the Superior Court of Wilkinson County in the Ocmulgee Judicial Circuit; to provide an effective date.
SB 44. By Senator Barnes of the 33rd:
A bill to amend Code Section 15-10-22 of the Official Code of Georgia Annotated, relating to the qualifications and restrictions on the practice of law for magis trates, so as to change the provisions relating to the restrictions on the practice of law.
The House has adopted by the requisite constitutional majority the following resolution of the Senate:
SR 71. By Senators Hine of the 52nd, Broun of the 46th, Huggins of the 53rd and 53 other Senators:
A resolution proclaiming November as Diabetes Awareness Month.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 244. 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 provisions relating to the mileage allowance for members of the board of commissioners; to provide an effective date.
Referred to Committee on Urban and County Affairs.
SB 245. By Senator Broun of the 46th:
A bill to create the Clarke County Airport Authority; to declare the need for the airport authority; to declare the purposes and objectives of this Act; to define certain terms; to provide for the membership of the authority; to provide for the

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terms of the members; to provide for the election of officers, quorum, bylaws, procedures, and meetings; to provide for compensation of members. Referred to Committee on Urban and County Affairs.
SB 246. By Senator Brannon of the 51st: A bill to amend Article 5 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement benefits under the Teachers Retirement System of Georgia, so as to provide that credit may be re ceived under the Teachers Retirement System of Georgia for certain teaching service rendered as a member of the United States Peace Corps; to provide an effective date.
Referred to Committee on Retirement.
SB 247. By Senator Mine of the 52nd: A bill to amend Article 6 of Chapter 4 of Title 18 of the Official Code of Georgia Annotated, relating to continuing garnishment proceedings, so as to provide that any garnishment proceeding against earnings of a defendant which are computed and paid on an hourly or weekly basis shall be conducted only as a continuing garnishment.
Referred to Committee on Industry and Labor.
SB 248. By Senator Mine of the 52nd: A bill to amend Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to landlord and tenant, so as to provide that it shall be unlawful for any landlord knowingly and willfully to suspend the furnishing of utilities to a ten ant; to provide for a definition; to provide for a penalty.
Referred to Committee on Industry and Labor.
SB 249. By Senator Timmons of the llth: A bill to amend Article 6 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to eligibility for retirement under the Teachers Retirement System of Georgia, so as to authorize retirement for members who will attain 30 years of service during the first part of an ensuing school year; to provide for other matters relative thereto; to provide an effective date.
Referred to Committee on Retirement.
SB 250. By Senator Gillis of the 20th: A bill to amend an Act creating a new charter for the City of Mount Vernon in the County of Montgomery, as amended, so as to change the corporate limits of said city.
Referred to Committee on Urban and County Affairs.
SB 251. By Senators Olmstead of the 26th, Harris of the 27th and Barker of the 18th: A bill to amend an Act known as the "Macon-Bibb County Water and Sewerage Authority Act," as amended, so as to change the amount and basis of salary com pensation for the elected members of the authority; to provide that each elected member of the authority shall receive a salary of $5,400.00 per annum, payable monthly, commencing July 1, 1987.
Referred to Committee on Urban and County Affairs.
SB 252. By Senators Olmstead of the 26th, Harris of the 27th and Barker of the 18th: A bill to amend an Act known as the "Macon-Bibb County Water and Sewerage Authority Act," as amended, so as to provide that the authority shall have the

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power to issue executions on orders assessing a civil penalty; to provide that such executions shall be a lien upon and against the land and other properties of the assessed party. Referred to Committee on Urban and County Affairs.
SB 253. By Senators Langford of the 35th and Coverdell of the 40th:
A bill to amend Chapter 7 of Title 15 of the Official Code of Georgia Annotated, relating to state courts, so as to provide that the state court of any county of this state having a population of 550,000 or more according to the United States de cennial census of 1980 or any future such census may establish, maintain, and administer programs for the enhancement of the judicial system within such county. Referred to Committee on Urban and County Affairs (General).
SB 254. By Senators Hudgins of the 15th, Holloway of the 12th, Fincher of the 54th and others:
A bill to amend Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, so as to authorize any domestic lender, foreign lender, or holding company to organize, own, and control a credit card bank subject to the approval of the commissioner of banking and finance; to provide for a short title; to define certain terms. Referred to Committee on Banking and Finance.
SB 256. By Senators Coleman of the 1st, Holloway of the 12th, McKenzie of the 14th and others:
A bill to amend Chapter 6 of Title 13 of the Official Code of Georgia Annotated, relating to damages and costs in actions based on contracts, so as to provide for treble damages as a civil remedy for the writing of bad checks; to provide for service charges; to provide for form of notice of a demand; to provide for venue; to provide an effective date. Referred to Committee on Banking and Finance.
SB 258. By Senator Engram of the 34th:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of judges of the superior courts, so as to add one addi tional judge of the superior courts of the Griffin Judicial Circuit; to provide for the appointment of the additional judge by the Governor; to provide for the elec tion of successors to the judge initially appointed. Referred to Committee on Judiciary.
SB 259. By Senators Engram of the 34th and Garner of the 30th:
A bill to amend Code Section 51-4-2 of the Official Code of Georgia Annotated, relating to persons who are entitled to bring actions for the wrongful death of a spouse or parent, so as to provide that a child or children may bring an action for the wrongful death of a parent under certain circumstances; to provide for prac tices and procedures; to provide for proceeds of such actions or settlements thereof. Referred to Committee on Children and Youth.
SB 260. By Senators Garner of the 30th, Engram of the 34th and Hine of the 52nd:
A bill to amend Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, so as to authorize a physician's assistant to sign a death certificate under certain circumstances with respect to a patient in a long-term

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care facility or hospice; to provide that certain provisions of law concerning crite ria for determining death and immunity from liability shall apply to a physician's assistant.
Referred to Committee on Human Resources.
SB 261. By Senator Garner of the 30th:
A bill to amend Code Section 48-6-91 of the Official Code of Georgia Annotated, relating to the taxation of foreign depository financial institutions as foreign cor porations, so as to provide that any foreign depository financial institution which maintains a place of business within this state for the purpose of receiving depos its shall be subject to state and local taxation in the same manner and to the same extent as state and national banks domiciled within the State of Georgia.
Referred to Committee on Banking and Finance.
SR 89. By Senator Hine of the 52nd:
A resolution relating to legal rights of persons to emergency care.
Referred to Committee on Judiciary.
SR 91. By Senators Dean of the 31st, Tolleson of the 32nd, Albert of the 23rd and others:
A resolution creating the Senate Music Industry Committee, an interim study committee, and a citizens' advisory council thereto.
Referred to Committee on Rules.
SR 92. By Senators Peevy of the 48th, Broun of the 46th and Holloway of the 12th:
A resolution creating the Land Information System Joint Study Committee. Referred to Committee on Rules.
The following bills of the House were read the first time and referred to committees:
HB 9. By Representative Lane of the 27th:
A bill to amend Chapter 31 of Title 31 of the Official Code of Georgia Annotated, relating to boxing match licenses, so as to change the provisions relating to the State Boxing Commission and the regulation of professional boxing matches and to create the State Professional Sports Commission to regulate professional sports events.
Referred to Committee on Governmental Operations.
HB 159. By Representatives Jackson of the 9th, Crosby of the 150th and Barnett of the 10th:
A bill to amend Article 2 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title for motor vehicles, so as to require in surance companies to obtain a certificate of title for certain vehicles; to require certain individuals who cannot obtain certificates of title on salvaged and rebuilt motor vehicles to obtain certificates of title bond.
Referred to Committee on Insurance.
HB 241. By Representatives Porter of the 119th, Thomas of the 69th, Waldrep of the 80th and others:
A bill to amend Article 1 of Chapter 4 of Title 7 of the Official Code of Georgia Annotated, relating to general provisions regarding interest and usury, so as to provide that certain post-judgment interest shall apply automatically to certain

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judgments and shall be collectible as a part of such judgments whether or not such judgments specifically reflect the entitlement to such interest. Referred to Committee on Judiciary.
HB 291. 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; to provide for liens. Referred to Committee on Judiciary.
HB 338. By Representative Groover of the 99th: A bill to amend Chapter 15 of Title 36 of the Official Code of Georgia Annotated, relating to county law libraries, so as to provide for the establishment of law libraries for judges of superior courts.
Referred to Committee on Judiciary.
HB 377. By Representative Porter of the 119th: A bill to amend Code Section 15-7-24 of the Official Code of Georgia Annotated, relating to solicitors of state courts, so as to provide that a solicitor shall, on the date he takes office, permanently reside within the judicial circuit containing the geographic area in which he is selected to serve.
Referred to Committee on Judiciary.
HB 398. By Representative Lawson of the 9th: A bill to amend Code Section 15-10-105 of the Official Code of Georgia Anno tated, relating to the selection of a clerk for a magistrate court, so as to provide for the qualifications of office of the clerk.
Referred to Committee on Judiciary.
HB 404. By Representatives Wood of the 9th, Galer of the 97th, Bailey of the 72nd and others: A bill to amend Code Section 38-3-27 of the Official Code of Georgia Annotated, relating to local organizations for emergency management, creation, structure, powers, and provision of financial assistance by state, so as to repeal the provi sions relating to state grants to assist local organizations for emergency manage ment in the purchase of disaster preparedness equipment and the procedures, requirements, and other matters relative thereto.
Referred to Committee on Urban and County Affairs (General).
HB 436. By Representatives Thomas of the 69th, Groover of the 99th and Langford of the 7th: A bill to amend Chapter 1 of Title 22 of the Official Code of Georgia Annotated, relating to general provisions affecting eminent domain, so as to provide for the payment by the condemnor of reasonable expenses, including attorney's fees, in curred by the condemnee in determining just and adequate compensation.
Referred to Committee on Transportation.
HB 455. By Representatives Lee of the 72nd, Couch of the 40th and Benn of the 38th: A bill to amend Code Section 6-3-25 of the Official Code of Georgia Annotated, relating to powers of political subdivisions as to the operation of airports, so as to provide that such political subdivisions shall have the authority to lease portions

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of such property for an initial term of up to 50 years to private parties for devel opment of such property for all airport and travel related purposes. Referred to Committee on Urban and County Affairs (General).
HB 515. By Representative Lane of the 27th:
A bill to amend Chapter 41 of Title 43 of the Official Code of Georgia Annotated, relating to recreation leaders, the practice of therapeutic recreation, and the State Board of Recreation Examiners, so as to change the provisions relating to the definition of a therapeutic recreation specialist. Referred to Committee on Consumer Affairs.
HB 522. By Representatives Murphy of the 18th, Coleman of the 118th, Clark of the 13th and others: A bill to amend Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observances, so as to declare May 15 of each year as "Police Officer Memorial Day" and the calendar week in which it falls as "Police Week".
Referred to Committee on Public Safety.
HB 449. By Representatives Jamieson of the llth and Dover of the llth: A bill to provide for the appointment of the Stephens County School Superinten dent by the Board of Education of Stephens County; to provide for the school superintendent in office on January 1, 1987.
Referred to Committee on Urban and County Affairs.
HB 453. By Representative Royal of the 144th:
A bill to provide that the county school superintendent of Mitchell County shall be appointed by vote of the board of education to serve at the pleasure of the board. Referred to Committee on Urban and County Affairs.
HB 468. By Representative Phillips of the 120th: A bill to amend an Act creating a system of public schools for the City of Vidalia, so as to change the provisions relating to the election of the members of the board of education.
Referred to Committee on Urban and County Affairs.
HB 483. By Representatives Mostiler of the 75th and Herbert of the 76th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the governing authority of Spalding County to issue general obligation bonds for the purpose of establishing educational facilities beyond the twelfth grade and to levy taxes for the payment of such bonds.
Referred to Committee on Urban and County Affairs.
HB 484. By Representatives Mostiler of the 75th and Herbert of the 76th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing Spalding County to make temporary loans, limiting the aggregate amount of said loans outstanding at any one time, and providing that said loans must be paid off out of the taxes received by the county in the year in which said loans are made.
Referred to Committee on Urban and County Affairs.

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HB 485. By Representatives Mostiler of the 75th and Herbert of the 76th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the establishment of water districts in Spalding County outside of municipalities and providing for the levy of taxes to defray the costs of furnishing water.
Referred to Committee on Urban and County Affairs.
HB 486. By Representatives Mostiler of the 75th and Herbert of the 76th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing Spalding County, in unincor porated areas, to construct, pave, maintain, and improve public streets, roads, and sidewalks and assess all or a portion of the cost of same against abutting property and the owners thereof. Referred to Committee on Urban and County Affairs.
HB 490. By Representative Ricketson of the 82nd:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Washington Wilkes Payroll Development Authority as a constitutional authority and public corporation.
Referred to Committee on Urban and County Affairs.
HB 492. By Representatives Herbert of the 76th and Mostiler of the 75th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which provides for the merger of the ex isting school system and school district of the City of Griffin and the existing school district in the County of Spalding lying outside the corporate limits of said city into one school district coextensive with the limits of Spalding County. Referred to Committee on Urban and County Affairs.
HB 496. By Representatives Herbert of the 76th and Mostiler of the 75th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Spalding County, so as to change the compensation of the tax commissioner of Spalding County.
Referred to Committee on Urban and County Affairs.
HB 509. By Representatives Ramsey of the 155th and Smith of the 156th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing that the general $2,000.00 homestead exemption shall not apply to taxes which are assessed and collected by the taxing authorities of Glynn County for the support and maintenance of education as recommended by the Glynn County Board of Education.
Referred to Committee on Urban and County Affairs.
HB 510. By Representatives Ramsey of the 155th and Smith of the 156th:
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 establishment of a sew age system in the City of Brunswick and Glynn County and the procedure con nected therewith. Referred to Committee on Urban and County Affairs.

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HB 511. By Representatives Ramsey of the 155th and Smith of the 156th:
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 establishment, con struction, financing, and operation of municipal port and terminal facilities in the City of Brunswick and Glynn County and authorizing Glynn County to con tract with the City of Brunswick with respect to municipal port and terminal facilities. Referred to Committee on Urban and County Affairs.
HB 512. By Representatives Ramsey of the 155th and Smith of the 156th:
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 Glynn County to license and regulate businesses and persons in the unincorpo rated area of the county and to levy business license taxes or fees. Referred to Committee on Urban and County Affairs.
HB 513. By Representatives Ramsey of the 155th and Smith of the 156th:
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 Glynn County or any municipal corporation within Glynn County to provide for the exemption from all ad valorem taxation by such governing authority of all tangible personal property within Glynn County in transit. Referred to Committee on Urban and County Affairs.
HB 514. By Representatives Ramsey of the 155th and Smith of the 156th:
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 Glynn County to authorize the sale of distilled spirits and alcoholic beverages in Glynn County by the drink for consumption on the premises during certain hours. Referred to Committee on Urban and County Affairs.
HB 525. By Representative Murphy of the 18th:
A bill to abolish the present mode of compensating the clerk of the Superior Court of Haralson County, known as the fee system; to provide in lieu thereof an annual salary; to provide that all fees, costs, or other emoluments of said officer shall become the property of the county. Referred to Committee on Urban and County Affairs.
HB 526. By Representative Murphy of the 18th:
A bill to amend an Act creating the office of county commissioner of Haralson County, so as to change the compensation of the county commissioner of Haral son County. Referred to Committee on Urban and County Affairs.
The following reports of standing committees were read by the Secretary:
Mr. President:
The Committee on Education has had under consideration the following bill of the Sen ate and has instructed me to report the same back to the Senate with the following recommendation:

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SB 179. Do pass as amended. Respectfully submitted, Senator Foster of the 50th District, Chairman

Mr. President:

The Committee on Governmental Operations has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 183. Do pass by substitute. SB 208. Do pass. HB 185. Do pass.
Respectfully submitted,
Senator Kidd of the 25th District, Chairman

Mr. President:

The Committee on Human Resources has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 63. Do pass by substitute. SB 232. 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 of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 127. Do pass as amended.
Respectfully submitted,
Senator Bowen of the 13th District, Chairman

Mr. President:

The Committee on Transportation 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 160. HB 162. HR 61.

Do pass. Do pass. Do pass.

HR 62. Do pass. HR 96. 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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bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 173. Do pass. HB 188. Do pass. HB 265. 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 recommendation:

HB 285. Do pass.

HB 298. Do pass.

HB 286. Do pass.

HB 317. Do pass.

HB 287. Do pass.

HB 350. Do pass.

HB 288. Do pass. HB 293. Do pass.

HB 351. Do pass. HB 352. Do pass.

HB 295. Do pass.

HB 353. 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 104. By Senators Hine of the 52nd and Garner of the 30th:
A bill to amend Code Section 45-8-12 of the Official Code of Georgia Annotated, relating to the deposit of public funds in banks or depositories and requirements that depositories give bond or pledge securities in lieu of bond, so as to provide that a depository may deduct the face amount of its direct loans from deposits of a public body before being required to secure such deposits by a surety bond, deposit insurance, securities, or any combination thereof.

SB 105. By Senators Hine of the 52nd and Garner of the 30th:
A bill to amend Code Section 45-8-12 of the Official Code of Georgia Annotated, relating to the deposit of public funds in banks or depositories and requirements that depositories give bond or pledge securities in lieu of bond, so as to provide that the aggregate of the face value of a surety bond and the face or par value of securities pledged shall be equal to not less than 100 percent of the public funds being secured after the deduction of the amount of deposit insurance.

SB 134. By Senators Dawkins of the 45th and Stumbaugh of the 55th:
A bill to amend Code Section 33-3-21.1 of the Official Code of Georgia Anno tated, relating to the submission of certain annual reports by property and casu alty insurers, so as to require additional information to be included in such reports.

SB 159. By Senators Scott of the 2nd, Albert of the 23rd, Langford of the 35th and others:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to establish the State Children's Trust Fund and the

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State Children's Trust Fund Commission; to provide a short title; to define cer tain terms; to provide for the membership of the State Children's Trust Fund Commission and its powers and compensation.
SB 177. By Senators Peevy of the 48th, Edge of the 28th and Howard of the 42nd:
A bill to amend Article 9 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to regulation of gasoline marketing practices, so as to pro hibit a refiner, producer, or manufacturer of automotive gasoline from opening and from directly or indirectly operating a retail service station for the retail sale of gasoline; to provide for exceptions.
SB 194. By Senator Deal of the 49th:
A bill to amend Code Section 15-10-20 of the Official Code of Georgia Annotated, relating to judges of magistrate courts, so as to provide that, unless otherwise provided by local law, the chief magistrate of a county shall be elected in a nonpartisan election in the same manner as state court judges are elected.
SB 195. By Senator Deal of the 49th:
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 magistrate courts shall have jurisdiction over the trial and sentencing of misdemeanor violations relating to bad checks; to provide that upon written demand of the defendant a case shall be removed to state or superior court.
SB 196. By Senator Deal of the 49th:
A bill to amend Code Section 9-15-14 of the Official Code of Georgia Annotated, relating to awards of attorney's fees and expenses of litigation in civil actions, so as to provide that said Code section shall not apply to proceedings in magistrate courts; to provide that when a case is appealed from the magistrate court, the appellee may seek litigation expenses incurred below if the appeal lacks substan tial justification.
SB 199. By Senator Deal of the 49th:
A bill to amend Code Section 15-10-2 of the Official Code of Georgia Annotated, relating to jurisdiction of magistrate courts, so as to change the civil jurisdiction of magistrate courts by increasing the maximum amount in controversy over which such courts have jurisdiction.
SB 201. By Senator Deal of the 49th:
A bill to amend Code Section 15-10-2 of the Official Code of Georgia Annotated, relating to jurisdiction of magistrate courts, so as to provide that magistrate courts shall have jurisdiction over the execution or subscribing and the accept ance of written waivers of extradition.
SB 211. By Senators Deal of the 49th, Gillis of the 20th and McGill of the 24th:
A bill to amend Code Section 48-5-7.1 of the Official Code of Georgia Annotated, relating to preferential tax assessments for certain real property devoted to agri cultural purposes, so as to provide that an application for continuation of such preferential assessment upon the change in ownership of such qualified property shall be filed on or before April 1 of the tax year for which such preferential assessment shall be applicable.

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SB 215. By Senator Deal of the 49th:
A bill to amend Code Section 15-11-37 of the Official Code of Georgia Annotated, relating to disposition by juvenile courts of juveniles committing designated fel ony acts, so as to redefine the term "designated felony act"; to provide that a juvenile commits a designated felony act when he commits any act which would be a felony if the juvenile committing the act has twice previously been adjudi cated delinquent for acts which would have been felonies.

SB 220. By Senator Hudgins of the 15th:
A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to add additional instances wherein the Department of Banking and Finance may waive or modify any requirement to publish a notice; to waive further registration pursuant to other provisions of law whenever any financial institution or other corporation domiciled outside this state is required to register with the department.

SR 17. By Senator Kidd of the 25th:
A resolution authorizing the conveyance of certain state owned property located in the City of Milledgeville, Baldwin County, Georgia; to provide an effective date.

SR 19. By Senators Coleman of the 1st, Scott of the 2nd and Bryant of the 3rd:
A resolution authorizing the conveyance of certain state owned property located in the City of Savannah, Chatham County, Georgia, to the City of Savannah; to provide an effective date.

SR 45. By Senators Langford of the 35th, Scott of the 36th, Shumake of the 39th and Engram of the 34th:
A resolution authorizing the State of Georgia, acting by and through the State Properties Commission, to enter into a lease agreement with the City of Atlanta pertaining to two described state owned tracts or parcels of property located in Fulton County, Georgia; to provide an effective date.

HB 307. By Representatives Buck of the 95th and Stancil of the 66th:
A bill to amend Article 6 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, known as the "Private Colleges and Universities Authority Act", so as to change the compensation of members of the authority; to change the provi sions relating to the disposition of moneys received by the authority.

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

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

Dawkins Dean Echols Edge English Engram Foster Garner Gillis Harris Harrison Hine Holloway

Howard Hudgins Huggins Kennedy Kidd Land Langford McGill McKenzie Newbill Olmstead Peevy Perry

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Phillips Ra8an
Scott of 2nd Scott of 36th

Shumake Starr
Stumbaugh Timmons

Tolleson Turner
Tysinger Walker

Those not answering were Senators:

Crumbley Deal

Fincher

Tate (excused)

Senator Crumbley of the 17th introduced the chaplain of the day, Reverend Randy Calvo, pastor of McDonough Presbyterian Church, McDonough, Georgia, who offered scrip ture reading and prayer.

Senator Kidd of the 25th introduced the doctor of the day, Dr. James Baugh, of Milledgeville, Georgia.

Senator Timmons of the llth introduced Sheriff Gary Vinson Cox, who was com mended by SR 85, adopted previously, for being named "Sheriff of the Year" by the Georgia Sheriffs Association, and he briefly addressed the Senate.

The following resolutions of the Senate were read and adopted:

SR 88. By Senator Brannon of the 51st: A resolution commending the McCaysville Garden Club.

SR 93. By Senators Barker of the 18th, Olmstead of the 26th and Harris of the 27th: A resolution recognizing the Museum of Aviation at Robins Air Force Base.

SR 94. By Senator McGill of the 24th:
A resolution commending the Lincoln County High School Red Devils Football Team and inviting them to appear before this body.

SR 95. By Senators Turner of the 8th, Crumbley of the 17th, Kennedy of the 4th and others:
A resolution commending the Georgia Citizens for the Arts.

SR 96. By Senators Holloway of the 12th, Timmons of the llth, McKenzie of the 14th and others:
A resolution expressing regret at the passing of James H. Gray.

Senator Fincher of the 54th moved that the following bill of the House be withdrawn from the Senate Committee on Education and committed to the Senate Committee on Higher Education:

HB 310. By Representative Ramsey of the 3rd:
A bill to amend Chapter 24 of Title 43 of the Official Code of Georgia Annotated, relating to libraries, so as to change the termination date of and to continue the State Board for the Certification of Librarians and the laws relating thereto.

On the motion, the yeas were 38, nays 0; the motion prevailed, and HB 310 was with drawn from the Senate Committee on Education and committed to the Senate Committee on Higher Education.

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The following local, uncontested bills of the House, favorably reported by the commit tee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR Wednesday, February 4, 1987
FIFTEENTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.)
HB 285 Timmons, llth City of Iron City Seminole County
Provides new charter for city; provides for incorporation, boundaries, and powers of city.
HB 286 Timmons, llth Quitman County
Abolishes office of county treasurer.
HB 287 Timmons, llth Quitman County
Repeals in its entirety an Act providing for compensation of treasurer of county.
HB 288 Timmons, llth Quitman County
Amends Act creating Board of Commissioners of county; provides for posi tion of clerk to Board of Commissioners.
HB 293 Barker, 18th City of Warner Robins Houston County
Amends Act providing new charter for city; changes provisions relating to composition of governing authority of city and terms of office of members of such governing authority.
HB 295 Kidd, 25th Morgan County
Continues amendment which relates to authorizing Morgan County to levy a tax not exceeding one mill for purpose of creating a fund to be used in assist ing, promoting, and encouraging the location of industries in said county.
HB 298 Edge, 28th Pike County
Creates Pike County Water and Sewerage Authority.
HB 317 McGill, 24th McDuffie County
Amends Act entitled "An Act to incorporate the Town of Bearing, in McDufh'e County, and to provide a municipal government for the same, and for other purposes."; provides four-year terms for mayor and members of coun cil.

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HB 350 Dean, 31st Paulding County
Continues amendment creating Paulding County Industrial Building Author ity.

HB 351 Dean, 31st Paulding County
Continues amendment which relates to creation of Paulding County Civil Service System for all those persons, other than elected officials, whose sala ries or wages are paid in whole or in part from the funds of Paulding County.

HB 352 Dean, 31st City of Dallas Paulding County
Amends Act creating new charter for City of Dallas; changes term of office of mayor.

HB 353 Dean, 31st City of Dallas Paulding County
Amends Act creating new charter for city; removes certain territory from cor porate limits of city.

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

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

Those voting in the affirmative were Senators:

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

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

McGill McKenzie Olmstead Peevy Perry Phillips Ragan Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators Newbill and Tate (excused).

On the passage of all the local bills, the yeas were 54, nays 0.

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

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SENATE CALENDAR
Wednesday, February 4, 1987
FIFTEENTH LEGISLATIVE DAY
SB 32 Gwinnett Judicial Circuit Superior Courts--additional judge (JUDY--48th)
SB 52 Meetings--misleading statements on purpose, deceptive trade practice (AMENDMENT) (I&L--9th)
SB 75 Employment Security Law--maximum weekly benefit (SUBSTITUTE) (AMENDMENT) (I&L--45th)
SB 154 Recipient of Energy Assistance Program--prevent retaining money when leaving State (GOV OP--9th)
SB 156 Certain Public Officer Recall--provisions applying to bringing about, opposing (GOV OP--25th)
HB 190 Electors List--certified copy to Superior Court Clerk not required (GOV OP--25th)
SB 29 Seat Belts--children over three (3) but under sixteen (16) years of age (SUBSTI TUTE) (C AFF--40th)
SB 112 Tattoos--unlawful on body of person under eighteen (18) years of age (AMEND MENT) (C AFF--5th)
SB 160 Department of Transportation Employee--compensation when injured in line of duty (AMENDMENT) (TRANS--4th)

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

SB 52. By Senator Phillips of the 9th:
A bill to amend Code Section 10-1-372 of the Official Code of Georgia Annotated, relating to deceptive trade practices, so as to provide that making false or mis leading statements concerning the reasons for or purpose of any seminar or meet ing shall constitute a deceptive trade practice under certain circumstances.

The Senate Committee on Industry and Labor offered the following amendment:

Amend SB 52 by adding following the word "services" on line 25 of page 1 the following:
", if the sales price of such goods or services shall exceed $250.00".

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

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen

Broun of 46th Brown of 47th Bryant Burton Coverdell Crumbley

Dawkins Deal Dean Echols Edge English

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Engram Foster Garner Gillis Harris Harrison Hine Holloway Howard Hudgins Huggins

Kennedy Kidd Land Langford McGill Newbill Olmstead Peevy Perry Phillips Ragan

Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Brannon Coleman

Fincher McKenzie

Tate (excused)

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

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

SB 75. By Senators Dawkins of the 45th, Barnes of the 33rd, Dean of the 31st and Mc Kenzie of the 14th:
A bill to amend Article 6 of Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to benefits under the "Employment Security Law," so as to provide for changes in the amount of the maximum weekly benefit; to provide that an individual who is discharged or suspended from work for certain causes shall be disqualified for benefits until he earns insured wages equal to eight times the weekly benefit amount of his claim.

The Senate Committee on Industry and Labor offered the following substitute to SB 75:

A BILL
To be entitled an Act to amend Article 6 of Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to benefits under the "Employment Security Law," so as to provide for changes in the amount of the maximum weekly benefit; to provide that an indi vidual who is discharged or suspended from work for certain causes shall be disqualified for benefits until he earns insured wages equal to eight times the weekly benefit amount of his claim; to provide that an individual forfeits all credits from earned insured wages with his most recent employer if such individual is discharged from employment because of certain instances of intentional conduct; to provide exceptions from certain disqualifications for benefits; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 6 of Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to benefits under the "Employment Security Law," is amended by striking in its entirety subsection (b) of Code Section 34-8-153, relating to determinations of weekly bene fit amounts, and inserting in its place a new subsection (b) to read as follows:
"(b) An individual's weekly benefit amount shall be that whole dollar amount, disre garding any fraction of a dollar, computed by dividing the total insured wages paid such individual in the highest two quarters of his base period by 50, provided insured wages were paid such individual during two or more quarters of his base period and the total of such wages equals or exceeds 1.5 times the total insured wages paid such individual in that quar ter of his base period in which such total wages were highest; provided, however, that the benefit years beginning on or after July 1, 1983, no weekly benefit amount shall be estab-

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lished for less than $27.00 nor more than $125.00; provided, further, that for benefit years beginning on or after July 1, 1985, no weekly benefit amount shall be established for less than $27.00 nor more than $135.00; provided, further, that for benefit years beginning on or after July 1, 1986, no weekly benefit amount shall be established for less than $27.00 nor more than $145.00; provided, further, that for benefit years beginning on or after July 1, 1987, no weekly benefit amount shall be established for less than $27.00 nor more than $155.00; provided, further, that for benefit years beginning on or after July 1, 1988, no weekly benefit amount shall be established for less than $27.00 nor more than $165.00, ex cept that the maximum weekly benefit amount shall be $115.00 for all benefit years begin ning on or after the first Monday of the third week following the week in which the amount in the Unemployment Trust Fund becomes less that $175 million."
Section 2. Said article is further amended by striking in its entirety paragraph (2) of Code Section 34-8-158, relating to grounds for disqualification for benefits, and inserting in its place a new paragraph (2) to read as follows:
"(2) (A) For the week or fraction thereof in which he has filed an otherwise valid claim for benefits after he has been discharged or suspended from work with his most recent em ployer for failure to obey orders, rules, or instructions or for failure to discharge the duties for which he was employed as determined by the Commissioner according to the circum stances in the case and until he has secured employment and shows to the satisfaction of the Commissioner that he has performed services in bona fide employment and earned in sured wages for services in employment equal to at least eight times the weekly benefit amount of his claim; provided that in the Commissioner's determination the burden of proof of just discharge or suspension for cause as set forth shall be on the employer and the pre sumption shall be with the employee; provided, further, that an individual shall forfeit all credits from earned insured wages with his most recent employer if it is determined by the Commissioner that he has been discharged for cause by the most recent employer for one or more of the following reasons:
(i) Intentional conduct which results in a physical assault upon or bodily injury to the employer, fellow employees, customers, patients, bystanders, or the eventual consumer of products;
(ii) Intentional conduct by the employee which results in property loss or damages amounting to $2,000.00 or more; or
(iii) Intentional conduct that results in the employee being discharged for, and limited to, the following: theft, sabotage, embezzlement, or falsification of employer's records after the beginning of employment.
(B) An individual shall not be disqualified for benefits under subparagraph (A) of this paragraph if, based on the rules and regulations promulgated by the Commissioner, the Commissioner determines:
(i) The individual made a good faith effort to perform the duties for which hired but is simply unable to do so;
(ii) The individual did not intentionally fail or consciously neglect to perform his job duties;
(iii) The discharge occurred because of absenteeism and the absences were caused by illness of the claimant or a family member, unless the claimant has without justification failed to notify the employer;
(iv) The discharge occurred as a violation of the employer's rule of which the claimant was not informed, by having been made aware thereof by the employer or through common knowledge. Consistency of prior enforcement shall be taken into account as to the reasona bleness or existence of the rule and such rule must be lawful and reasonably related to job environment and job performance; or
(v) Except for activity requiring disqualification under paragraph (4) of this Code sec-

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345

tion, the employee was exercising a protected right to protest against wages, hours, working conditions, or job safety under the federal National Labor Relations Act or other laws."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Hudgins of the 15th offered the following amendment:

Amend the substitute to SB 75 offered by the Senate Committee on Industry and Labor by inserting on line 15 of page 2 between "1987," and "no" the following:
"when the weekly benefit amount, as computed, would be more than $26.00 but less than $37.00, the individual's weekly benefit amount will be $37.00, and".
By striking from line 17 of page 2 and from line 20 of page 2 the following:
"$27.00",
and inserting in its place the following:
"$37.00".

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

On the adoption of the substitute, the yeas were 40, 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 as amended.

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

Those voting in the affirmative were Senators:

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

Echols
Edge English Engram
Fincher Foster Garner Gillis Harris Harrison Mine Holloway Howard Hudgins Huggins Kennedy

Kidd Land McGill Newbill Olmstead Peevy
Kagan Rav Stumbaugh Timmons Turner Tysinger Walker

Those voting in the negative were Senators:

Langford Scott of 2nd

Scott of 36th Shumake

Starr Tolleson

Those not voting were Senators:

Bryant

McKenzie

Tate (excused)

On the passage of the bill, the yeas were 47, nays 6.

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

SB 154. By Senator Phillips of the 9th:
A bill to amend Chapter 1 of Title 49 of the Official Code of Georgia Annotated, relating to general provisions relative to social services, so as to require the En ergy Assistance Program Task Force to develop rules and regulations to prevent a recipient of assistance under the Georgia Energy Assistance Program from re taining moneys received under the program when permanently leaving the State of Georgia to establish residency in another state.
Senator Phillips of the 9th moved that SB 154 be committed to the Senate Committee on Governmental Operations.
On the motion, the yeas were 37, nays 0; the motion prevailed, and SB 154 was commit ted to the Senate Committee on Governmental Operations.
Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair.

SB 156. By Senator Kidd of the 25th:
A bill to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to ethics in government, so as to provide that certain provisions relating to campaign committees, acceptance of contributions, making of expenditures, filing of certain disclosure reports, and disposition of certain funds in relation to the recall of certain public officers shall apply to bringing about such recall or to opposing such recall.
Senator Garner of the 30th moved that SB 156 be committed to the Senate Committee on Governmental Operations.
On the motion, the yeas were 10, nays 24; the motion was lost, and SB 156 was contin ued upon its passage.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of 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 Coleman Coverdell Crumbley Dawkins Deal

Dean Echols Engram Fincher Foster Harris Harrison Hine Howard Hudgins Huggins Kidd Land Langford McKenzie

Newbill Olmstead Peevy Perry Phillips Ragan Scott of 36th Shumake Starr Stumbaugh Timmons Tolleson Turner Tysinger Walker

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347

Those voting in the negative were Senators:

English Garner

Gillis McGill

Those not voting were Senators:

Ray Scott of 2nd

Barnes Edge

Holloway Kennedy (presiding)

Tate (excused)

On the passage of the bill, the yeas were 45, nays 6. The bill, having received the requisite constitutional majority, was passed.

HB 190. By Representatives Godbee of the 110th and Murphy of the 18th:
A bill to amend Code Section 21-2-234 of the Official Code of Georgia Annotated, relating to filing and furnishing of lists of electors, so as to eliminate the require ment that the registrars file a certified copy of the list of electors with the clerk of superior court.
Senate Sponsor: Senator Kidd of the 25th.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

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

Edge English Engram Fincher Foster Garner Gillis Harris Harrison Mine Holloway Howard Hudgins Huggins Kidd Land Langford

Those not voting were Senators:

McGill McKenzie Newbill Olmstead Peevy Perry Phillips Ragan Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Timmons Tolleson Turner

Dawkins Kennedy (presiding)

Tate (excused) Tysinger

Walker

On the passage of the bill, the yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed.

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SB 29. By Senators Coverdell of the 40th, Harrison of the 37th, Newbill of the 56th and others:
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 16 years of age shall be protected by safety belts while being transported in motor vehicles; to provide for penalties.
The Senate Committee on Consumer Affairs offered the following substitute to SB 29:
A BILL
To be entitled an Act 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 16 years of age shall be protected by safety belts while being transported in certain motor vehicles; to provide exceptions; to provide that a failure to use seat belts may not be introduced in evidence in any civil action and may not be used to diminish recovery of damages; to provide a limitation on the enforcement of the require ment to use seat belts; to provide for penalties; 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. 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) As used in this subsection, the term 'passenger vehicle' means every motor vehicle designed to carry ten passengers or less and used for the transportation of persons but shall not mean motorcycles, motor driven cycles, vehicles mounted on a truck chassis, or vehicles equipped for off-road use.
(2) On and after July 1, 1987, every driver who regularly and customarily transports a child over three years of age but under 16 years of age in a passenger vehicle, 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 subsection shall not apply to a child who has a medical condition that prevents appropriate restraint by a safety belt.
(3) The requirement of paragraph (2) of this subsection shall not apply to:
(A) A driver or passenger frequently stopping and leaving the vehicle or delivering property from the vehicle, if the speed of the vehicle between stops does not exceed 15 miles per hour;
(B) A driver or passenger possessing a written statement from a physician that such person is unable, for medical or physical reasons, to wear a seat safety belt;
(C) A driver or passenger possessing an official certificate or license endorsement issued by the appropriate agency in another state or country indicating that the driver is unable for medical, physical, or other valid reasons to wear a seat safety belt;
(D) A driver operating a passenger vehicle in reverse;
(E) A passenger vehicle with a model year prior to 1965;
(F) A passenger vehicle which is not required to be equipped with seat safety belts under federal law; or
(G) A passenger vehicle operated by a rural letter carrier of the United States Postal Service while performing duties as a rural letter carrier.

WEDNESDAY, FEBRUARY 4, 1987

349

(4) Failure to wear a seat safety belt in violation of this subsection shall not be consid ered evidence of negligence, shall not limit the liability of an insurer, and shall not diminish any recovery for damages arising out of the ownership, maintenance, or operation of a pas senger vehicle.
(5) A person may be issued a citation for a violation of paragraph (2) of this subsection only when such person has been stopped and is issued a citation for a violation of another provision of this title.
(6) It shall be unlawful for any person to fail to comply with the requirements of para graph (2) of this subsection and, upon conviction for such offense, the person shall be pun ished by a fine not exceeding $15.00."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Senators Barnes of the 33rd and Deal of the 49th offered the following amendment:
Amend the substitute to SB 29 offered by the Senate Committee on Consumer Affairs by adding after "insurer" the following:
"or any other person, firm or corporation".
Senator Coverdell of the 40th moved that SB 29 be postponed until February 5.
On the motion, the yeas were 32, nays 0; the motion prevailed, and SB 29 was post poned until February 5.
SB 112. By Senator Burton of the 5th: A bill to amend Article 5 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to cruelty to children, so as to make it unlawful for any per son to tattoo the body of any person under the age of 18; to provide exceptions; to provide a penalty; to provide an effective date.
The Senate Committee on Consumer Affairs offered the following amendment:
Amend SB 112 by striking from line 4 of page 1 the following: "18",
and inserting in its place the following: "16".
By striking from line 19 of page 1 the following: "18",
and inserting in its place the following: "16".
On the adoption of the amendment, the yeas were 42, nays 0, and the amendment was adopted.
Senator Barnes of the 33rd offered the following amendment:
Amend SB 112 by striking on page 1, line 24, the following: "of a high and aggravated nature".
On the adoption of the amendment, the yeas were 37, nays 0, and the amendment was adopted.

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen Brannon
Broun of 46th Brown of 47th Burton Coleman Crumbley Dawkins Deal Dean Echols Edge English

Engram Fincher Foster Garner Gillis Harris Harrison Hine Holloway Howard Hudgins Huggins Kidd Land Langford McKenzie

Newbill Olmstead Peevy Perry Phillips Ragan Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Timmons Tolleson Turner Tysinger

Those not voting were Senators:

Barker Bryant Coverdell

Kennedy (presiding) McGill

Tate (excused) Walker

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

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

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

At 11:56 o'clock A.M., Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

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353

Senate Chamber, Atlanta, Georgia Thursday, February 5, 1987 Sixteenth Legislative Day
The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called to order by the President.
Senator Barker of the 18th reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House and Senate:
HB 236. By Representatives Lane of the 27th, Adams of the 36th, Couch of the 40th, Greer of the 39th, Colbert of the 23rd 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 authorization of the General Assembly to enact laws authorizing Fulton County and the governing authorities of the schools of said county to create a retirement and pension fund and a system of retirement pay for county and county school employees of Fulton County.
HB 284. By Representatives Lane of the 27th, Greer of the 39th and Couch of the 40th: A bill to provide an exemption for the full value of the homestead from Fulton County ad valorem taxes, except ad valorem taxes for bonded indebtedness and for the Fulton County School District, for each resident of Fulton County who is 70 years of age or over or disabled if the resident's gross income does not exceed the maximum amount which may be received by a person and a person's spouse under the federal Social Security Act.
HB 528. By Representative 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 providing for the election of the mem bers of the Board of Education of Pulaski County from education districts.
HB 529. By Representative Stancil of the 66th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to the creation of the Mor gan County Development Authority.
HB 531. By Representative Yeargin of the 14th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the General Assembly to pro vide by law for the election of the members of the Board of Education of Oglethorpe County by the people.

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HB 533. By Representative Ramsey of the 3rd:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment relating to the Board of Education of Murray County proposed by House Resolution No. 167-526a, Resolution Act No. 62, adopted at the 1957 session of the General Assembly.
HB 45. By Representatives Wall of the 61st, Bannister of the 62nd, Pittman of the 60th, Barnett of the 59th, Goodwin of the 63rd and others:
A bill to amend Code Section 36-82-7 of the Official Code of Georgia Annotated, relating to the authorized investments of bond proceeds, so as to authorize bond proceeds of bonds issued by any county, municipal corporation, school district, political subdivision, authority, or public body corporate to be placed for invest ment and reinvestment in the local government investment pool.
HB 63. By Representatives Hooks of the 116th, Rainey of the 135th, Sizemore of the 136th, Couch of the 40th, Hanner of the 131st 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 provide for the issuance of special license plates to commemorate the founding of Georgia Southwestern College.
HB 261. By Representatives Greene of the 130th, Rainey of the 135th, Cummings of the 17th, Holcomb of the 72nd and Hanner of the 131st:
A bill to amend Chapter 1 of Title 27 of the Official Code of Georgia Annotated, relating to game and fish in general, so as to provide that a conservation ranger who has accumulated 25 years of service in that capacity and has retired may be allowed, upon leaving service under honorable conditions, to retain his weapon and badge.
HB 289. By Representative Pettit of the 19th:
A bill to amend Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to the jurisdiction of municipal courts, so as to authorize the municipal courts to try and dispose of a first orfense violation of Code Section 3-3-21, relat ing to furnishing alcoholic beverages to, and purchase and possession of alcoholic beverages by, a person under 21 years of age.
HB 451. By Representatives Sherrod of the 143rd, Royal of the 144th, Reaves of the 147th, Patten of the 149th, Balkcom of the 140th and others:
A bill to amend Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to game and fish licenses, permits, and stamps, so as to provide that no fishing license shall be required of any Florida resident who is more than 65 years of age, to the extent that a reciprocal provision exists under Florida law for any Georgia resident who is more than 65 years of age.
SB 78. By Senator Hine of the 52nd:
A bill to amend Code Section 10-5-22 of the Official Code of Georgia Annotated, relating to the burden of proving exemptions to securities laws and the admissibility of certified records in proceedings involving securities, so as to provide that a certificate of the Secretary of State as commissioner of securities regarding compliance or noncompliance with the securities laws shall constitute prima-facie evidence of such compliance or noncompliance and shall be admissible in civil or criminal actions.

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The House has adopted by the requisite constitutional majority the following resolu tions of the House:
HR 74. By Representatives Dobbs of the 74th, Twiggs of the 4th, Colwell of the 4th, Dover of the llth, Jamieson of the llth and Porter of the 119th: A resolution designating 1987 as the year of the Appalachian Trail Golden Anni versary Celebration in the State of Georgia.
HR 130. By Representatives Kingston of the 125th, Rainey of the 135th, Mueller of the 126th, Watts of the 41st, Pannell of the 122nd and others:
A resolution designating the Knobbed Whelk as the official state seashell.
The following bills of the Senate were introduced, read the first time and referred to committees:
SB 255. By Senator Allgood of the 22nd:
A bill to amend Article 1 of Chapter 2 of Title 53 of the Official Code of Georgia Annotated, relating to wills in general, so as to provide for the construction of certain wills containing a formula or other provision providing that the spouse is to receive the maximum amount of property qualifying for the marital deduction under federal law; to provide for actions for the construction of such wills. Referred to Committee on Judiciary.
SB 257. By Senator Allgood of the 22nd:
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 provide a definition; to declare certain acts and practices by a motor vehicle dealer in the conduct of retail consumer transactions to be unlawful. Referred to Committee on Consumer Affairs.
SB 262. By Senators Allgood of the 22nd, Deal of the 49th, Hudgins of the 15th 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 provisions relating to reimbursable expenses for members of the Gen eral Assembly; to provide for penalties; to provide an effective date. Referred to Committee on Judiciary.
SB 263. By Senators Langford of the 35th, Engram of the 34th and Scott of the 36th: A bill to amend Code Section 36-30-3 of the Official Code of Georgia Annotated, relating to ordinances of a council which may not bind succeeding councils, so as to permit the governing authorities of municipal corporations having a popula tion of not less than 400,000 to authorize the mayor to enter into contracts for periods not exceeding 50 years with respect to property or facilities used for edu cational, entertainment, or museum purposes in downtown development areas.
Referred to Committee on Urban and County Affairs (General).
SB 264. By Senators Langford of the 35th, Engram of the 34th and Scott of the 36th:
A bill to amend Article 2 of Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to subpoenas and notice to produce evidence, so as to pro vide witness fees for arson investigators; to provide an effective date. Referred to Committee on Public Safety.

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SB 265. By Senator Allgood of the 22nd:
A bill to amend Code Section 33-7-11 of the Official Code of Georgia Annotated, relating to requirements of uninsured motorist coverage in motor vehicle liability insurance policies, so as to provide that the right of an insurer paying an unin sured motorist claim to proceed against the person causing injury, death, or dam age to the extent that payment was made to the insured shall not be abrogated or prejudiced as the result of the insured executing a release to such person.
Referred to Committee on Insurance.
SB 266. By Senators Engram of the 34th and Garner of the 30th:
A bill to amend Part 2 of Article 10 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, known as the "Handicapped Parking Law," so as to change the manner in which handicapped parking places are designated; to pro vide for implementation.
Referred to Committee on Human Resources.
SB 267. By Senators Broun of the 46th, Coleman of the 1st, Kennedy of the 4th and others:
A bill to amend Code Section 20-3-60 of the Official Code of Georgia Annotated, relating to when the properties of the University System of Georgia may be sold, leased, or disposed of, so as to provide that the Board of Regents of the Univer sity System of Georgia is authorized to lease laboratory and research facilities owned by the board to private businesses, companies, and corporations during times when the laboratory and research facilities are not in use.
Referred to Committee on Economic Development and Tourism.
SB 268. By Senators Broun of the 46th, Coleman of the 1st, Kennedy of the 4th and others:
A bill to amend Code Section 45-10-25 of the Official Code of Georgia Annotated, relating to exceptions to prohibitions on transactions with state agencies, so as to provide an exception for transactions involving a lease for the purpose of small business and economic development of laboratory and research facilities owned by the Board of Regents of the University System of Georgia during times when the laboratory and research facilities are not in use.
Referred to Committee on Economic Development and Tourism.
The following bills and resolution of the House were read the first time and referred to committees:
HB 45. By Representatives Wall of the 61st, Bannister of the 62nd, Barnett of the 59th and others:
A bill to amend Code Section 36-82-7 of the Official Code of Georgia Annotated, relating to the authorized investments of bond proceeds, so as to authorize bond proceeds of bonds issued by any county, municipal corporation, school district, political subdivision, authority, or public body corporate to be placed for invest ment and reinvestment in the local government investment pool.
Referred to Committee on Urban and County Affairs (General).
HB 63. By Representatives Hooks of the 116th, Rainey of the 135th, Sizemore of the 136th 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

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357

as to provide for the issuance of special license plates to commemorate the founding of Georgia Southwestern College. Referred to Committee on Transportation.
HB 261. By Representatives Greene of the 130th, Rainey of the 135th, Cummings of the 17th and others:
A bill to amend Chapter 1 of Title 27 of the Official Code of Georgia Annotated, relating to game and fish in general, so as to provide that a conservation ranger who has accumulated 25 years of service in that capacity and has retired may be allowed, upon leaving service under honorable conditions, to retain his weapon and badge. Referred to Committee on Natural Resources.
HB 289. By Representative Pettit of the 19th:
A bill to amend Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to the jurisdiction of municipal courts, so as to authorize the municipal courts to try and dispose of a first offense violation of Code Section 3-3-21, relat ing to furnishing alcoholic beverages to, and purchase and possession of alcoholic beverages by, a person under 21 years of age. Referred to Committee on Consumer Affairs.
HB 451. By Representatives Sherrod of the 143rd, Royal of the 144th, Reaves of the 147th and others:
A bill to amend Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to game and fish licenses, permits, and stamps, so as to provide that no fishing license shall be required of any Florida resident who is more than 65 years of age, to the extent that a reciprocal provision exists under Florida law for any Georgia resident who is more than 65 years of age. Referred to Committee on Natural Resources.
HR 130. By Representatives Kingston of the 125th, Rainey of the 135th, Mueller of the 126th and others:
A resolution designating the Knobbed Whelk as the official state seashell. Referred to Committee on Natural Resources.
HB 236. By Representatives Lane of the 27th, Adams of the 36th, Couch of the 40th 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 authorization of the General Assembly to enact laws authorizing Fulton County and the governing authorities of the schools of said county to create a retirement and pension fund and a system of retirement pay for county and county school employees of Fulton County. Referred to Committee on Urban and County Affairs.
HB 284. By Representatives Lane of the 27th, Greer of the 39th and Couch of the 40th:
A bill to provide an exemption for the full value of the homestead from Fulton County ad valorem taxes, except ad valorem taxes for bonded indebtedness and for the Fulton County School District, for each resident of Fulton County who is 70 years of age or over or disabled if the resident's gross income does not exceed the maximum amount which may be received by a person and a person's spouse under the federal Social Security Act. Referred to Committee on Urban and County Affairs.

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HB 528. By Representative 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 providing for the election of the mem bers of the Board of Education of Pulaski County from education districts.
Referred to Committee on Urban and County Affairs.
HB 529. By Representative Stancil of the 66th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to the creation of the Mor gan County Development Authority.
Referred to Committee on Urban and County Affairs.
HB 531. By Representative Yeargin of the 14th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the General Assembly to pro vide by law for the election of the members of the Board of Education of Oglethorpe County by the people.
Referred to Committee on Urban and County Affairs.
HB 533. By Representative Ramsey of the 3rd: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment relating to the Board of Education of Murray County proposed by House Resolution No. 167-526a. Resolution Act No. 62, adopted at the 1957 session of the General Assembly.
Referred to Committee on Urban and County Affairs.
The following reports of standing committees were read by the Secretary:
Mr. President:
The Committee on Defense and Veterans Affairs has had under consideration the fol lowing bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 182. Do pass. Respectfully submitted, Senator Bryant of the 3rd District, Chairman
Mr. President:
The Committee on Education has had under consideration the following bill and resolu tion of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 231. Do pass. SR 70. Do pass.
Respectfully submitted, Senator Foster of the 50th District, Chairman
Mr, President:
The Committee on Industry and Labor has had under consideration the following bills

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359

of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 41. Do pass. SB 187. Do pass. HB 11. Do pass.
Respectfully submitted,
Senator Dawkins of the 45th District, Chairman

Mr. President:

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

SB 162. Do pass by substitute.

SB 227. Do pass.

SB 200. Do pass.

SB 230. Do pass.

Respectfully submitted,

Senator Deal of the 49th District, Chairman

Mr. President:

The Committee on Retirement has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 279. Do pass.
Respectfully submitted,
Senator Timmons of the llth District, Chairman

Mr. President:

The Committee on Rules has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 86. Do pass as amended.
Respectfully submitted,
Senator Holloway of the 12th District, Chairman

Mr. President:

The Committee on Special Judiciary 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 99. Do pass by substitute.

SR 22. Do pass by substitute.

SB 119. Do pass by substitute.

HB 16. Do pass.

SB 140. Do pass.

HB 18. Do pass.

SB 189. Do pass.

HB 121. Do pass.

Respectfully submitted,

Senator Peevy of the 48th District, Chairman

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JOURNAL OF THE SENATE

HR 61. By Representatives Buck of the 95th, Greene of the 130th, Galer of the 97th, Robinson of the 96th, Moultrie of the 93rd and others: A resolution designating the Joseph Wilson Smith Bridge.
HR 62. By Representatives Buck of the 95th, Robinson of the 96th, Moultrie of the 93rd, Bishop of the 94th, Galer of the 97th and others: A resolution designating the J.R. Alien Parkway.
HR 96. By Representative Birdsong of the 104th: A resolution designating that portion of State Highway 358 in Twiggs County between U.S. Highway 80 and State Highway 96 as the Homer Chance Highway.
Senator Allgood of the 22nd asked unanimous consent to dispense with the morning roll call due to the roll call machine being inoperative, and the consent was granted.
Senator Barnes of the 33rd introduced the chaplain of the day, Reverend Bill Lenders, pastor of Trinity Baptist Church, Durham, North Carolina, who offered scripture reading and prayer.
The following resolutions of the Senate and House were read and adopted:
SR 97. By Senator Ray of the 19th: A resolution commending Mr. Walter Huckaby.
HR 74. By Representatives Dobbs of the 74th, Twiggs of the 4th, Colwell of the 4th and others: A resolution designating 1987 as the year of the Appalachian Trail Golden Anni versary Celebration in the State of Georgia.
The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR
Thursday, February 5, 1987 SIXTEENTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.)
*SB 205 Dawkins, 45th Rockdale County Creates State Court; specifies location of court; provides jurisdiction of cou^ ^; provides for jury trial under certain circumstances; provides for practice and procedure; provides terms of court; specifies costs; specifies fees; provides for transfer of certain matters from Superior Court of county. (AMENDMENT)
SB 240 Edge, 28th Spalding County Continues amendment authorizing governing authority of county to enact or dinances and regulations, including, but not limited to, traffic regulations and garbage and solid waste disposal regulations for policing and governing of the unincorporated areas of county.

THURSDAY, FEBRUARY 5, 1987

363

SB 241 Edge, 28th Spalding County
Continues amendment providing for establishment of fire protection districts in county and for the levy of taxes and issuance of bonds in addition to the maximum debt limitations of a county.
SB 242 Edge, 28th Spalding County
Continues amendment authorizing board of commissioners of county to li cense and regulate businesses and levy a license fee on businesses in unincor porated areas of county except those businesses regulated by the Public Ser vice Commission.
SB 243 Edge, 28th Spalding County
Continues amendment authorizing county to levy a one percent retail sales and use tax on sales and uses within county to provide funds for financing of public facilities and to authorize county and the Griffin-Spalding County School System to issue general obligation bonds without a referendum elec tion under certain conditions.
HB 296 Broun, 46th Oconee County Continues amendment which relates to creation of Oconee County Industrial Development Authority and its powers, authority, funds, purposes, and pro cedures.
HB 361 Ray, 19th Wilcox County Continues amendment providing for election of members of Board of Educa tion by the people.
HB 362 Brown, 47th Franklin County Continues amendment creating Franklin County Industrial Building Author ity.
HB 366 Baldwin, 29th Troup County Amends Act providing board of education of county; provides for compensa tion of members of board of education.
HB 368 Phillips, 9th City of Lilburn Gwinnett County Amends Act creating new charter for city; provides procedures for filling per manent and temporary vacancies on governing authority of city.
HB 388 Hine, 52nd Floyd County Continues amendment authorizing governing authority of county to issue general obligation bonds for purpose of establishing schools beyond the twelfth grade and to levy taxes for payment of such bonds.

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JOURNAL OF THE SENATE

HB 389 Mine, 52nd Floyd County
Continues amendment providing for division of county into school board dis tricts, the election of members of county board of education from such dis tricts, and the election or appointment of a county school superintendent by county board of education.

HB 390 Hine, 52nd Floyd County
Continues amendment authorizing General Assembly to provide by local law for initial appointment and subsequent election of judge of juvenile court of county.

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

*SB 205:

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

Amend SB 205 by striking the amount "$10.00" on line 12 of page 3 in its entirety and substituting in lieu thereof the following:
"not more than $25.00".

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 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 cal) was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun of 46th rBBt rroywannt ofc 4tm 7t\h Burton Coleman Coverdell
Crumbley Dawkins Deal Dean

Echols Edge English Engram Fincher Foster Gillis Harris THHTianrenson Holloway Howard Hudgins
Kennedy Kidd Land Langford

McGill McKenzie Newbill Olmstead Peevy Ragan ^ o . ,,, , O Sc cCoO,tl,tl O offl Z30 U6_,Uthu Shumake btarr Timmons
Tolleson Turner Tysinger Walker

Those not voting were Senators:

Garner Huggins

Perry Phillips

Stumbaugh Tate (excused)

THURSDAY, FEBRUARY 5, 1987

365

Senator Allgood of the 22nd asked unanimous consent to suspend verification of the roll call on all the bills on the Senate Local Consent Calendar, and the consent was granted.
On the passage of all the local bills, the yeas were 50, nays 0.
All the bills on the Senate Local Consent Calendar, except SB 205, having received the requisite constitutional majority, were passed.
SB 205, having received the requisite constitutional majority, was passed as amended.
SENATE CALENDAR
Thursday, February 5, 1987
SIXTEENTH LEGISLATIVE DAY SB 104 Financial Institutions Public Fund Deposit--deduct direct loan before bond
(B&F--52nd) SB 105 Financial Institutions Public Fund Deposit--aggregate of face value of surety
bond (AMENDMENT) (B&F--52nd) SB 134 Certain Annual Reports by Property, Casualty Insurers--additional information
(INS--45th) SB 159 Child Abuse and Neglect Prevention Act--create (AMENDMENT) (C&Y--2nd) SB 177 Automobile Gasoline Refiner, Producer, Manufacturer--prohibit operating retail
service station (S JUDY--48th) SB 194 Chief Magistrates--elected in same manner as state court judges (JUDY--49th) SB 195 Bad Check Trials--magistrate court jurisdiction (JUDY--49th) SB 196 Magistrate Court Proceedings--expenses of litigation (JUDY--49th) SB 199 Magistrate Courts--change civil jurisdiction (JUDY--49th) SB 201 Magistrate Courts--jurisdiction over execution, waivers of extradition
(JUDY--49th) SB 211 Preferential Tax Assessment for Agricultural Property--application for continu
ation (B&F--49th) SB 215 Juveniles--redefine designated felony act (JUDY--49th) SB 220 Financial Institutions--when requirement to publish notice is waived
(B&F--15th) SR 17 Milledgeville--conveyance of certain state owned property (PUB U--25th) SR 19 Savannah--conveyance of certain state owned property (PUB U--1st) SR 45 Property in Fulton County--State Properties Commission lease agreement with
Atlanta (PUB U--35th) HB 307 Private Colleges and Universities Authority Act--compensation of members (H
ED--54th) SB 29 Seat Belts--children over three (3) but under sixteen (16) years of age (SUBSTI
TUTE) (AMENDMENT) (C AFF--40th)
The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:
SB 104. By Senators Hine of the 52nd and Garner of the 30th: A bill to amend Code Section 45-8-12 of the Official Code of Georgia Annotated, relating to the deposit of public funds in banks or depositories and requirements

366

JOURNAL OF THE SENATE

that depositories give bond or pledge securities in lieu of bond, so as to provide that a depository may deduct the face amount of its direct loans from deposits of a public body before being required to secure such deposits by a surety bond, deposit insurance, securities, or any combination thereof.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Barker Barnes Bowen Brannon Broun of 46th Brown of 47th BBuryrtaonnt
Coleman Coverdell Crumbley Dawkins Dean Echols Edge

English Engram Foster Garner Gillis Harris Hine Holloway HHuugdggiinnss
Kennedy Kidd Land Langford McGill McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan j^ay Scott of 2nd g Qf 36th ^0h, umak. e
^tarr L Stumbaugh Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Baldwin Deal

Fincher Harrison

Howard Tate (excused)

Senator Allgood of the 22nd asked unanimous consent to suspend verification of the roll call on SB 104, and the consent was granted.

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

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

SB 105. By Senators Hine of the 52nd and Garner of the 30th:
A bill to amend Code Section 45-8-12 of the Official Code of Georgia Annotated, relating to the deposit of public funds in banks or depositories and requirements that depositories give bond or pledge securities in lieu of bond, so as to provide that the aggregate of the face value of a surety bond and the face or par value of securities pledged shall be equal to not less than 100 percent of the public funds being secured after the deduction of the amount of deposit insurance.

The Senate Committee on Banking and Finance offered the following amendment:

Amend SB 105 by striking on line 7 of page 1 the figure "100" and substituting in lieu thereof the figure "110".

THURSDAY, FEBRUARY 5, 1987

367

By striking line 27 on page 1 in its entirety and substituting in lieu thereof the following:
"shall be equal to not less than 110".

On the adoption of the amendment, the yeas were 37, nays 0, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun of 46th BBrroywannt of 47th Burton
Coleman Coverdell
Crumbley Dawkins Deal Dean Echols

Edge English Engram Fincher Foster Gillis Harris Harrison HHionlleoway Howard
Hudgins Huggins
Kennedy Kidd Land Langford McGill

McKenzie Newbill Olmstead Peevy Perry phmips Ragan P S,, cott off 2,,nd, Shumake
btarr Stumbaugh
Tate Tolleson Turner Tysinger Walker

Those not voting were Senators:

Garner

Scott of 36th

Timmons

Senator Allgood of the 22nd asked unanimous consent to suspend verification of the roll call on SB 105, and the consent was granted.

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

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

SB 159. By Senators Scott of the 2nd, Albert of the 23rd, Langford of the 35th and others:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to establish the State Children's Trust Fund and the State Children's Trust Fund Commission; to provide a short title; to define cer tain terms; to provide for the membership of the State Children's Trust Fund Commission and its powers and compensation.

The Senate Committee on Children and Youth offered the following amendment:
Amend SB 159 by adding in Section 1 on line 31 on page 2, between the word "re search" and the word "programs", the following:
"or educational".

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

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JOURNAL OF THE SENATE

Huggins Kennedy Land Langford McGill Newbill

Olmstead Phillips Ray Scott of 2nd Scott of 36th Shumake

Stumbaugh Tate Timmons Tolleson Tysinger Walker

The roll call was verified.

On the motion offered by Senator Peevy of the 48th, the yeas were 23, nays 33; the motion was lost, and the previous question was not ordered.

On the motion offered by Senator Walker of the 43rd, 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:

Bowen Brannon Broun of 46th Brown of 47th
B rvant Burton CCoovleemrdaenll Deal Fincher Foster Garner

Gillis Harris Harrison Hine
HW" Kennedy LMacnGgiflol rd Newbill Olmstead Perry Phillips

Ray Scott of 2nd Scott of 36th Shumake
Stumbaugh rpate Tmi.mmons Tolleson Turner Tysinger Walker

Those voting in the negative were Senators:

Albert Allgood Baldwin Barker Barnes Crumbley Dawkins

Dean Echols Edge English Engram Holloway Howard

Hudgins Kidd Land McKenzie Peevy Ragan Starr

The roll call was verified.

On the motion offered by Senator Walker of the 43rd, the yeas were 35, nays 21; the motion prevailed, and SB 177 was committed to the Senate Committee on Special Judiciary.

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

SB 194. By Senator Deal of the 49th:
A bill to amend Code Section 15-10-20 of the Official Code of Georgia Annotated, relating to judges of magistrate courts, so as to provide that, unless otherwise provided by local law, the chief magistrate of a county shall be elected in a nonpartisan election in the same manner as state court judges are elected.

The report of the committee, which was favorable to the 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, FEBRUARY 5, 1987

373

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen Brannon Broun of 46th
Brown of 47th Burton Coleman Crumbley Dawkins Deal Dean Echols

Edge Engram Fincher Foster Garner Gillis Harris
Harrison Hine Holloway Howard Huggins Kidd Land
Langford

McGill Olmstead Peevy Perry Ragan Ray Scott of 36th Shumake Stumbaugh Tate Tolleson Turner
Tysinger Walker

Those voting in the negative were Senators:

Barker Coverdell Hudgins

Newbill Phillips

Scott of 2nd Starr

Those not voting were Senators:

Bryant English

Kennedy (presiding) McKenzie

Timmons

Senator Allgood of the 22nd asked unanimous consent to suspend verification of the roll call on SB 194, and the consent was granted.

On the passage of the bill, the yeas were 44, nays 7.

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

SB 211. By Senators Deal of the 49th, Gillis of the 20th and McGill of the 24th:
A bill to amend Code Section 48-5-7.1 of the Official Code of Georgia Annotated, relating to preferential tax assessments for certain real property devoted to agri cultural purposes, so as to provide that an application for continuation of such preferential assessment upon the change in ownership of such qualified property shall be filed on or before April 1 of the tax year for which such preferential assessment shall be applicable.

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

On the passage of the 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 Burton Coleman Coverdell Crumbley Dawkins Deal

Dean Echols Edge English Engram Fincher Foster

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JOURNAL OF THE SENATE

Garner Gillis Harris Harrison HHoinlleoway
Howard Huggins Kidd Land

Langford McGill McKenzie Newbill OPelernvsytead
Perry Phillips Ragan Ray

Scott of 2nd Scott of 36th Shumake Starr ,,S.tumb, augh,
Tate Tolleson Turner Tysinger

Those not voting were Senators:

Bowen Bryant

Hudgins Kennedy (presiding)

Timmons Walker

Senator Allgood of the 22nd asked unanimous consent to suspend verification of the roll call on SB 211, and the consent was granted.

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

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

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

Mr. President:

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

HB 82. By Representatives Selman of the 32nd, Bishop of the 94th, Dover of the llth, Phillips of the 120th, Greene of the 130th 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 establishment of the Georgia Youth Conservation Corps within the Department of Natural Resources.

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

HB 82. By Representatives Selman of the 32nd, Bishop of the 94th, Dover of the llth, Phillips of the 120th, Greene of the 130th 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 establishment of the Georgia Youth Conservation Corps within the Department of Natural Resources.

Referred to Committee on Natural Resources.

The President resumed the Chair.

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

SB 220. By Senator Hudgins of the 15th:
A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to add additional instances wherein the Department of Banking and Finance may waive or modify any requirement to

THURSDAY, FEBRUARY 5, 1987

375

publish a notice; to waive further registration pursuant to other provisions of law whenever any financial institution or other corporation domiciled outside this state is required to register with the department.

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

On the passage of the 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 Brown of 47th CBouvrteorndell Crumbley
Dawkins Deal Dean Echols Edge English

Engram Foster Garner Gillis Harris Harrison Hine Hollowav HHuowdgairnds Huggins
Kennedy Kidd Land Langford McGill McKenzie

Newbill Olmstead Peevy Perry Phillips R p Scott of 2nd fc 'o.t.t ,f,. 3,,,,6.t,h Shumake
Starr Stumbaugh Tate Tolleson Turner Walker

Those not voting were Senators:

Broun of 46th Bryant

Coleman Fincher

Timmons Tysinger

Senator Allgood of the 22nd asked unanimous consent to suspend verification of the roll call on SB 220, and the consent was granted.

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

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

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

SR 17. By Senator Kidd of the 25th:
A resolution authorizing the conveyance of certain state owned property located in the City of Milledgeville, Baldwin County, Georgia; to provide an effective date.

The 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

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JOURNAL OF THE SENATE

Broun of 46th Brown of 47th Bryant Burton
Coleman Coverdell Crumbley Dawkins Deal Dean Echols Edge English Engram Fincher

Foster Garner Gillis Harris
Harrison Hine Holloway Howard Huggins Kidd Land Langford McGill McKenzie Newbill

Olmstead Peevy Perry Phillips
Ragan Ray Scott of 2nd Scott of 36th Shumake Stumbaugh Tate Tolleson Turner Tysinger Walker

Those not voting were Senators:

Bowen Hudgins

Kennedy (presiding) Starr

Timmons

Senator Allgood of the 22nd asked unanimous consent to suspend verification of the roll call on SR 17, and the consent was granted.

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

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

SR 19. By Senators Coleman of the 1st, Scott of the 2nd and Bryant of the 3rd:
A resolution authorizing the conveyance of certain state owned property located in the City of Savannah, Chatham County, Georgia, to the City of Savannah; to provide an effective date.

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

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

Those voting in the affirmative were Senators:

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

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

McKenzie Newbill Olmstead
Peevy Perry Phillips Ragan Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Tolleson Turner Tysinger Walker

THURSDAY, FEBRUARY 5, 1987

377

Not voting were Senators Kennedy (presiding) and Timmons.
Senator Allgood of the 22nd asked unanimous consent to suspend verification of the roll call on SR 19, and the consent was granted.
On the adoption of the resolution, the yeas were 54, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
Senator Hudgins of the 15th moved that the following bill of the Senate, having been passed previously today, be immediately transmitted to the House:
SB 220. By Senator Hudgins of the 15th:
A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to add additional instances wherein the Department of Banking and Finance may waive or modify any requirement to publish a notice; to waive further registration pursuant to other provisions of law whenever any financial institution or other corporation domiciled outside this state is required to register with the department.
On the motion, the yeas were 40, nays 0; the motion prevailed, and SB 220 was immedi ately transmitted to the House.
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 adoption:
SR 45. By Senators Langford of the 35th, Scott of the 36th, Shumake of the 39th and Engram of the 34th:
A resolution authorizing the State of Georgia, acting by and through the State Properties Commission, to enter into a lease agreement with the City of Atlanta pertaining to two described state owned tracts or parcels of property located in Fulton County, Georgia; to provide an effective date.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

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

Deal Dean Echols Edge English Engram Fincher Foster Garner Gillis Harris Harrison Hine Holloway

Hudgins Huggins Kidd Land Langford McGill McKenzie Newbill Olmstead Peevy Perry Phillips Ragan Ray

378

JOURNAL OF THE SENATE

Scott of 2nd Scott of 36th Shumake

Starr Stumbaugh Tate

Tolleson Turner Walker

Voting in the negative was Senator Tysinger.

Those not voting were Senators:

Dawkins Howard

Kennedy (presiding)

Timmons

Senator Allgood of the 22nd asked unanimous consent to suspend verification of the roll call on SR 45, and the consent was granted.

On the adoption of the resolution, the yeas were 51, nays 1.

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

HB 307. By Representatives Buck of the 95th and Stancil of the 66th:
A bill to amend Article 6 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, known as the "Private Colleges and Universities Authority Act", so as to change the compensation of members of the authority; to change the provi sions relating to the disposition of moneys received by the authority.

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 Barnes Bowen Broun of 46th Brown of 47th
oBpLCooruy,lvreftemonrndtaenll Crumbley Dawkins Dean Echols Edge English

Engram Fincher Foster Gillis Harris Harrison Hine
HHH,,ouulgdl,gogmwi..nassy Kidd Land Langford McGill Newbill Olmstead

Peevy Perry Phillips Ragan Ray Scott of 2nd Scott of 36th
SSS,,,httuaurmmr b,aakuegh, Tate Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Barker Brannon Deal

Garner Howard

Kennedy (presiding) McKenzie

Senator Allgood of the 22nd asked unanimous consent to suspend verification of the roll call on HB 307, and the consent was granted.

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

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379

The bill, having received the requisite constitutional majority, was passed.
The following general bill of the Senate, having been read the third time on February 4 and postponed until February 5, was put upon its passage:
SB 29. By Senators Coverdell of the 40th, Harrison of the 37th, Newbill of the 56th and others:
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 16 years of age shall be protected by safety belts while being transported in motor vehicles; to provide for penalties.
The Senate Committee on Consumer Affairs offered the following substitute to SB 29:
A BILL
To be entitled an Act 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 16 years of age shall be protected by safety belts while being transported in certain motor vehicles; to provide exceptions; to provide that a failure to use seat belts may not be introduced in evidence in any civil action and may not be used to diminish recovery of damages; to provide a limitation on the enforcement of the require ment to use seat belts; to provide for penalties; 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. 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) As used in this subsection, the term 'passenger vehicle' means every motor vehicle designed to carry ten passengers or less and used for the transportation of persons but shall not mean motorcycles, motor driven cycles, vehicles mounted on a truck chassis, or vehicles equipped for off-road use.
(2) On and after July 1, 1987, every driver who regularly and customarily transports a child over three years of age but under 16 years of age in a passenger vehicle, 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 subsection shall not apply to a child who has a medical condition that prevents appropriate restraint by a safety belt.
(3) The requirement of paragraph (2) of this subsection shall not apply to:
(A) A driver or passenger frequently stopping and leaving the vehicle or delivering property from the vehicle, if the speed of the vehicle between stops does not exceed 15 miles per hour;
(B) A driver or passenger possessing a written statement from a physician that such person is unable, for medical or physical reasons, to wear a seat safety belt;
(C) A driver or passenger possessing an official certificate or license endorsement issued by the appropriate agency in another state or country indicating that the driver is unable for medical, physical, or other valid reasons to wear a seat safety belt;
(D) A driver operating a passenger vehicle in reverse;
(E) A passenger vehicle with a model year prior to 1965;

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(F) A passenger vehicle which is not required to be equipped with seat safety belts under federal law; or
(G) A passenger vehicle operated by a rural letter carrier of the United States Postal Service while performing duties as a rural letter carrier.
(4) Failure to wear a seat safety belt in violation of this subsection shall not be consid ered evidence of negligence, shall not limit the liability of an insurer, and shall not diminish any recovery for damages arising out of the ownership, maintenance, or operation of a pas senger vehicle.
(5) A person may be issued a citation for a violation of paragraph (2) of this subsection only when such person has been stopped and is issued a citation for a violation of another provision of this title.
(6) It shall be unlawful for any person to fail to comply with the requirements of para graph (2) of this subsection and, upon conviction for such offense, the person shall be pun ished by a fine not exceeding $15.00."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Senators Barnes of the 33rd and Deal of the 49th offered the following amendment:
Amend the substitute to SB 29 offered by the Senate Committee on Consumer Affairs by adding on page 3, line 8, after the word "insurer" the following:
"or any other person, firm or corporation".
On the adoption of the amendment, the yeas were 42, nays 0, and the amendment was adopted.
Senator Coverdell of the 40th offered the following amendment:
Amend the substitute to SB 29 offered by the Senate Committee on Consumer Affairs by striking from line 6 on page 1 the following:
"protected by", and inserting in lieu thereof the following:
"restrained by seat". By striking from lines 7 and 8 on page 2 the following: "provide for the protection of such child by the use of a safety belt", and inserting in lieu thereof the following: "require such child to be restrained by a seat safety belt approved under Federal Motor Vehicle Safety Standard 208, as such standard existed on January 1, 1987". By inserting the word "seat" immediately preceding the word "safety" where it appears on the beginning of line 11 on page 2.
On the adoption of the amendment, the yeas were 40, nays 0, and the amendment was adopted.
On the adoption of the substitute, the yeas were 39, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

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381

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Broun of 46th Brown of 47th
PCCoo,vleemrd"aenll Crumbley Deai Dean Echols Edge

English Engram Fincher Foster Harris Harris()n
Mine Holloway Howard Hudgins Huggins Kidd Land

Langford Newbill Olmstead Perry p hmips gcott ()f 2nd
Scott of 36th Shumake Stumbaugh Tate Tolleson Tysinger Walker

Those voting in the negative were Senators:

Allgood
Bowen Brannon Bryant
Dawkins

Gillis
McGill McKenzie Peevy
Ragan

Ray Starr
Timmons Turner

Not voting were Senators Garner and Kennedy (presiding).

The roll call was verified.

On the passage of the bill, the yeas were 40, nays 14.

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

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

SB 134. By Senators Dawkins of the 45th and Stumbaugh of the 55th:
A bill to amend Code Section 33-3-21.1 of the Official Code of Georgia Anno tated, relating to the submission of certain annual reports by property and casu alty insurers, so as to require additional information to be included in such reports.

Senator Dawkins of the 45th offered the following substitute to SB 134:

A BILL
To be entitled an Act to amend Code Section 33-3-21.1 of the Official Code of Georgia Annotated, relating to the submission of certain annual reports by property and casualty insurers, so as to require additional information to be included in such reports; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 33-3-21.1 of the Official Code of Georgia Annotated, relating to the submission of certain annual reports by property and casualty insurers, is amended by

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striking subsections (b) and (c) in their entirety and inserting in lieu thereof new subsec tions (b) and (c) to read as follows:
"(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 insurance, reported separately for commercial and private passenger vehicles in the following categories:
(A) Motor vehicle liability insurance first-party benefits; (B) Motor vehicle bodily injury liability insurance; (C) Motor vehicle property liability insurance; and (D) Uninsured motorist coverage and underinsured motorist coverage; (2) Products liability insurance; (3) Medical malpractice insurance; (4) Architect and engineer malpractice insurance; (5) Attorney malpractice insurance; (6) Political subdivision liability insurance, reported separately as to counties, munici palities, school districts, and authorities; (7) Public official liability insurance; (8) Day-care center liability insurance; (9) Errors and omissions liability insurance; (10) Officers and directors liability insurance, reported separately for nonprofit entities and for profit entities; and (11) 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 pursuant to verdicts; plus (B) Dollar amount of claims closed with payment pursuant to settlements; plus (C) Reserves for reported claims at the end of the current year; minus (D) Reserves for reported claims at the end of the previous year; plus (E) Reserves for incurred but not reported claims at the end of the current year; minus (F) Reserves for incurred but not reported claims at the end of the previous year; plus (G) Reserves for loss adjustment expense at the end of the current year; minus (H) 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, defense costs, taxes, licenses, fees, and all other expenses;
(6) Net underwriting gain or loss; (7) Net operation gain or loss, including net investment income;

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383

(8) The amount paid in economic damages, compensatory noneconomic damages, and punitive damages, tabulated by size of economic damage, provided that same are established by verdict or otherwise; and
(9) With regard to cases involving multiple defendants, the number of verdicts paid and the percentages paid of those verdicts involving multiple defendants."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 48, nays 0, and the substitute was adopted.

Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced that pursuant to Senate Rule 143 consideration of the substitute and bill will be suspended until the next meeting day of the Senate, Friday, February 6.

SB 195. By Senator Deal of the 49th:
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 magistrate courts shall have jurisdiction over the trial and sentencing of misdemeanor violations relating to bad checks; to provide that upon written demand of the defendant a case shall be removed to state or superior court.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Brannon
Broun of 46th
BrTnt Burton Coleman Crumbley Dawkins Deal Dean Echols Edge English

Engram Fincher Foster Garner Gillis Harris
Harrison
Hine Holloway Howard Huggms Kidd Land Langford McGill McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan Ray
Scott of 2nd
Scott of 36th Shumake Starr Stumbaugh Tate Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Bowen Coverdell

Hudgins

Kennedy (presiding)

Senator Allgood of the 22nd asked unanimous consent to suspend verification of the roll call on SB 195, and the consent was granted.

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

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

SB 196. By Senator Deal of the 49th:
A bill to amend Code Section 9-15-14 of the Official Code of Georgia Annotated, relating to awards of attorney's fees and expenses of litigation in civil actions, so as to provide that said Code section shall not apply to proceedings in magistrate courts; to provide that when a case is appealed from the magistrate court, the appellee may seek litigation expenses incurred below if the appeal lacks substan tial justification.

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

On the passage of the 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 Burton Coleman Crumbley Dawkins Deal Dean Echols Edge English

Engram Fincher Foster Garner Gillis Harris Harrison Mine Holloway Howard Huggins Kidd Land Langford McGill McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Timmons Turner Tysinger Walker

Those not voting were Senators:

Bowen Bryant

Coverdell Hudgins

Kennedy (presiding) Tolleson

Senator Allgood of the 22nd asked unanimous consent to suspend verification of the roll call on SB 196, and the consent was granted.

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

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

SB 199. By Senator Deal of the 49th:
A bill to amend Code Section 15-10-2 of the Official Code of Georgia Annotated, relating to jurisdiction of magistrate courts, so as to change the civil jurisdiction of magistrate courts by increasing the maximum amount in controversy over which such courts have jurisdiction.

The report of the committee, which was favorable to the 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, FEBRUARY 5, 1987

385

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun of 46th Brown of 47th Bryant Burton Coleman Crumbley Deal Dean Echols Edge

English Engram Fincher Foster Garner Gillis Harris Harrison Hine Howard Huggins Kidd Land Langford McGill McKenzie

Those not voting were Senators:

Newbill Olmstead Peevy Perry Phillips Ragan Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Turner Tysinger Walker

Coverdell Dawkins Holloway

Hudgins Kennedy (presiding)

Timmons Tolleson

Senator Allgood of the 22nd asked unanimous consent to suspend verification of the roll call on SB 199, and the consent was granted.

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

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

The President resumed the Chair.

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

SR 98. By Senators Allgood of the 22nd, Kennedy of the 4th, Holloway of the 12th and Starr of the 44th:
A resolution relative to adjournment by the General Assembly at 5:00 o'clock P.M. on Friday, February 6, and to reconvene at 10:00 o'clock A.M. on Monday, February 9, 1987.

On the adoption of the resolution, the yeas were 46, nays 1.

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

Serving as doctor of the day today was Dr. Judson Hawk of Atlanta, Georgia.

Senator Allgood of the 22nd moved that the Senate do now adjourn until 9:00 o'clock A.M. tomorrow, and the motion prevailed.

At 12:40 o'clock P.M., the President announced the Senate adjourned until 9:00 o'clock A.M. tomorrow.

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Senate Chamber, Atlanta, Georgia Friday, February 6, 1987
Seventeenth Legislative Day
The Senate met pursuant to adjournment at 9:00 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 and Senate:
HB 276. By Representative Colbert of the 23rd: A bill to amend an Act establishing a new charter for the City of Roswell so as to change the corporate limit of said city.
HB 502. By Representatives Shepard of the 71st, Ware of the 77th, Bray of the 91st and Mostiler of the 75th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which clarified and limited the powers of the Board of Water, Sewerage, and Light Commission of the City of Newnan.
HB 535. By Representatives Stephens of the 68th, Thurmond of the 67th, Milford of the 13th and Chance of the 129th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing the procedure where taxes other than ad valorem property taxes may be levied by Clarke County and the City of Athens and providing for a subsequent reduction of ad valorem taxes on real and personal property based upon the amount of funds received from such additional tax levies.
HB 536. By Representatives Stephens of the 68th, Thurmond of the 67th, Clark of the 13th and Milford of the 13th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the board of commissioners of Clarke County to provide by ordinance or resolution for the creation of a merit system of employment and personnel administration for employees of Clarke County paid in whole or in part by county funds, other than elected and certain appointed officials.
HB 537. By Representatives Stephens of the 68th, Thurmond of the 67th, Clark of the 13th and Milford of the 13th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing that the governing authority of Clarke County may establish water, sanitation, sewerage, and fire protection dis-

FRIDAY, FEBRUARY 6, 1987

387

tricts in Clarke County and may levy taxes and issue bonds to operate, maintain, and administer such districts and systems.
HB 545. By Representatives Wood of the 9th, Lawson of the 9th and Jackson of the 9th: A bill to provide for the board of elections of Hall County.
HB 546. By Representatives Lawson of the 9th, Wood of the 9th and Jackson of the 9th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the creation of a Gainesville Redevelopment Authority, providing for powers and limitations, and permitting the issuance of certain bonds.
HB 548. By Representative Chance of the 129th: A bill to amend an Act creating the State Court of Effingham County, so as to change the salary of the judge of said court.
HB 549. By Representative Chance of the 129th: A bill to amend an Act creating the State Court of Effingham County, so as to change the salary of the solicitor of said court.
HB 554. By Representative Ware of the 77th: A bill to amend an Act consolidating the offices and duties of tax receiver and tax collector of Heard County into the single office of tax commissioner, so as to change the provisions relating to employment of a part-time clerk.
HB 567. By Representative Bray of the 91st: A bill to amend an Act creating the Board of Commissioners of Meriwether County so as to repeal certain provisions relating to the compensation of the chairman and members of the board of commissioners.
HB 568. By Representative Bray of the 91st: A bill to amend an Act providing for the compensation of the chairman and members of the board of commissioners of Meriwether County, so as to change the maximum compensation of the chairman and members of the board of com missioners of Meriwether County.
HB 569. By Representative Hudson of the 117th: A bill to provide for the appointment of the school superintendent of Pulaski County by the Board of Education of Pulaski County.
HB 570. By Representative Dixon of the 151st: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which authorized the City of Waycross to use funds raised from the levy of its industrial tax to assist, promote, and en courage the location of industry in Ware County as well as in the City of Waycross.
HB 577. By Representative Royal of the 144th: A bill to amend an Act creating a new charter for the City of Camilla, so as to change the compensation of the mayor and councilman.

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HB 578. By Representatives Jackson of the 83rd and Harris of the 84th:
A bill to provide that certain property in the homestead of each resident of Co lumbia County who is 65 years of age or older and who has less than $12,000.00 per year of specified income shall be entirely exempt from Columbia County School District ad valorem taxation.
HB 579. By Representatives Jackson of the 83rd and Harris of the 84th: A bill to amend an Act providing for the election of members of the board of education of Columbia County, so as to provide that the members of said board of education shall be elected on a nonpartisan basis.
SB 185. By Senator Huggins of the 53rd:
A bill to reincorporate and provide a new charter for the City of Trenton in Dade County; to provide for related matters; to provide an effective date; to repeal a specific Act.
HB 201. By Representative Robinson of the 58th:
A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Fair Business Practices Act of 1975", so as to provide for definitions regarding promotional giveaways.
HB 218. By Representatives Alford of the 57th, Watson of the 114th, Athon of the 57th and Mangum of the 57th:
A bill to amend Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, known as the "Georgia Emergency Telephone Number '911' Service Act of 1977", so as to provide a procedure for levying and collecting maintenance fees for certain enhanced emergency telephone number "911" sys tems directly from subscribers of telephone service.
HB 326. By Representatives Walker of the 115th, Godbee of the 110th, Rainey of the 135th, Peters of the 2nd, Watts of the 41st and others:
A bill to amend Code Section 27-1-6 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Natural Resources generally, so as to amend the provisions relating to an official waterfowl stamp.
HB 456. By Representatives Peters of the 2nd, Rainey of the 135th, Godbee of the 110th, Hudson of the 117th, McKelvey of the 15th and others:
A bill to amend Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to licenses, permits, and stamps applicable to game, fish, or wildlife, so as to provide a new permit to trap and sell live fox under certain conditions.
SB 13. 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 no person shall be eligible as a write-in candidate in a special or general primary, a special or general primary runoff, or in a special or general election runoff; to provide that no person shall be eligible as a write-in candidate in a general or special election if such person was a candidate for nom ination or election to the same office in the immediately preceding primary.
SB 26. By Senator Kidd of the 25th:
A bill to amend Article 2 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated as enacted by the "Ethics in Government Act," relating to campaign contributions, so as to provide that any person who accepts contributions for, makes contributions to, or makes expenditures on behalf of a candidate for state

FRIDAY, FEBRUARY 6, 1987

389

office shall not be required to file a copy of a campaign contribution disclosure report with the local election superintendent.
HB 67. By Representatives Richardson of the 52nd, Childs of the 53rd, Williams of the 54th, Robinson of the 58th, Clark of the 55th 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 provide for special license plates to commemorate the centennial of the founding of Agnes Scott College.
HB 165. By Representatives Lee of the 72nd and Bray of the 91st:
A bill to amend Code Section 21-2-134 of the Official Code of Georgia Annotated, relating to the filling of vacancies in party nominations caused by the death or resignation of candidates, so as to change the provisions relating to the filling of such vacancies by a special primary.
HB 493. By Representatives Randall of the 101st, Bostick of the 138th, Bishop of the 94th and Martin of the 26th:
A bill to amend Chapter 38 of Title 43 of the Official Code of Georgia Annotated, known as the "Georgia Private Detective and Security Agencies Act", so as to change certain provisions relating to the composition of the Georgia Board of Private Detective and Security Agencies.
HB 498. By Representatives Randall of the 101st, Bishop of the 94th and Bostick of the 138th:
A bill to amend Code Section 53-4-4 of the Official Code of Georgia Annotated, relating to inheritance by illegitimates and their offspring, so as to provide that an illegitimate child may inherit from or through the child's father if the father executed a sworn statement attesting to the parent-child relationship or if the father signed the birth certificate of the child.
SB 57. By Senator Phillips of the 9th:
A bill to amend Article 2 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the general powers and duties of the Secretary of State, so as to require the Secretary of State to publish annually an official directory of state and county officials and officers; to provide that such directory shall also contain the names of the members of the Georgia delegation to the Congress of the United States.
HB 108. By Representatives Johnson of the 72nd, Lee of the 72nd, Benefield of the 72nd, Bailey of the 72nd and Isakson of the 21st:
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 continu ing education requirements; to change the requirements relative to nonresident licenses; to change certain requirements relative to granting a broker's, associate broker's, or salesperson's license to a corporation or partnership.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
SB 43. By Senator Barnes of the 33rd:
A bill to amend Code Section 19-8-4 of the Official Code of Georgia Annotated, relating to surrender of parental rights and related proceedings in connection with adoptions, so as to provide clearly that a mother's affidavit regarding the

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putative father is not required in connection with her consent to her child's adoption by her husband; to provide an effective date.
The House has adopted by the requisite constitutional majority the following resolution of the Senate:
SR 96. By Senators Holloway of the 12th, Timmons of the llth, McKenzie of the 14th and others: A resolution expressing regret at the passing of James H. Gray.
The House has passed by the requisite constitutional majority the following bill of the House:
HB 225. By Representatives Murphy of the 18th, McDonald of the 12th, Smyre of the 92nd, Benefield of the 72nd, Lawson of the 9th and others: A bill to amend an Act providing appropriations for the State Fiscal Year 19861987 known as the "General Appropriations Act", so as to change certain appro priations for the State Fiscal Year 1986-1987.
The following bills and resolution of the Senate were introduced, read the first time and referred to committees:
SB 269. By Senator Barnes of the 33rd: A bill to amend Chapter 6 of Title 19 of the Official Code of Georgia Annotated, relating to child support, so as to change provisions relating to child support in final divorce verdicts or decrees; to change provisions relating to effect on the liability to third persons for necessaries; to provide for liability when public assis tance is paid under certain circumstances; to provide an effective date and applicability.
Referred to Committee on Special Judiciary.
SB 270. By Senator Barnes of the 33rd: A bill to amend Article 2 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, the "Uniform Reciprocal Enforcement of Support Act," so as to pro vide that the courts may grant immunity from criminal prosecution when a child support obligor is called for examination as an adverse witness and declines to testify upon the ground that his testimony may tend to incriminate him.
Referred to Committee on Special Judiciary.
SB 271. By Senator Barnes of the 33rd: A bill to amend Code Section 19-11-7 of the Official Code of Georgia Annotated, relating to the right of the Department of Human Resources to bring actions for support, so as to authorize the department to collect interest on judgments ob tained in support actions initiated by the department.
Referred to Committee on Special Judiciary.
SB 272. By Senator Barnes of the 33rd:
A bill to amend Code Section 19-11-7 of the Official Code of Georgia Annotated, relating to the right of the Department of Human Resources to bring actions for support generally, so as to provide for the reimbursement of the department for attorney's fees expended in the representation of the department. Referred to Committee on Special Judiciary.

FRIDAY, FEBRUARY 6, 1987

391

SB 273. By Senator Barnes of the 33rd:
A bill to amend Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, so as to change provisions relating to assumption of the duties of probate judges by their chief clerks; to change provisions relating to appointment of clerks by probate judges; to provide for related matters; to pro vide an effective date. Referred to Committee on Governmental Operations.
SB 274. By Senator Barnes of the 33rd:
A bill to amend Code Section 15-9-4 of the Official Code of Georgia Annotated, relating to additional eligibility requirements for the office of judge of the pro bate court in certain counties, so as to change the eligibility requirements for the office of judge of the probate court in certain counties. Referred to Committee on Governmental Operations.
SB 275. By Senator Barnes of the 33rd:
A bill to amend Article 6 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to practice and procedure in the probate courts of certain counties, so as to expand the jurisdiction of the probate courts of certain counties to include concurrent jurisdiction with the superior courts over certain matters. Referred to Committee on Governmental Operations.
SB 276. By Senator Barnes of the 33rd:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Powder Springs Downtown Development Authority; to provide for a change in the membership of the Pow der Springs Downtown Development Authority; to provide for the terms of the membership; to provide the authority for this Act. Referred to Committee on Urban and County Affairs.
SB 277. By Senator Deal of the 49th:
A bill to amend an Act establishing the State Court of Hall County, as amended, so as to change the terms of said courts. Referred to Committee on Urban and County Affairs.
SB 278. By Senator Walker of the 43rd:
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 change the definition of the term "consumer transactions"; to declare that certain acts in connection with the purchase of property used as a dwelling place shall be unfair or deceptive practices. Referred to Committee on Consumer Affairs.
SB 279. By Senators Tolleson of the 32nd, Harrison of the 37th, Newbill of the 56th and Barnes of the 33rd:
A bill to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, as amended, so as to change the compensation of the judge and the clerk of the probate court; to provide an effective date. Referred to Committee on Urban and County Affairs.

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SB 280. By Senators Tolleson of the 32nd, Harrison of the 37th, Newbill of the 56th and Barnes of the 33rd:
A bill to amend an Act creating the State Court of Cobb County, as amended, so as to change the compensation of the solicitor, chief assistant solicitor, and the assistant solicitors; to provide an effective date.
Referred to Committee on Urban and County Affairs.
SB 281. By Senator Harrison of the 37th:
A bill to amend Code Section 13-8-2 of the Official Code of Georgia Annotated, relating to contracts contravening public policy generally, so as to provide that a clause in a written subcontract for the construction, alteration, or repair of a building, structure, or roadway making payment to the subcontractor contingent or conditional upon payment by the owner to the contractor is against public policy and unenforceable under certain conditions.
Referred to Committee on Industry and Labor.
SB 282. By Senators Scott of the 2nd and Coleman of the 1st:
A bill to amend Chapter 1 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions affecting property, so as to change population pro visions concerning restrictions upon certain municipalities in the removal of im properly parked vehicles; to provide an effective date.
Referred to Committee on Urban and County Affairs (General).
SB 283. By Senator Walker of the 43rd:
A bill to amend Article 7 of Chapter 4 of Title 3 of the Official Code of Georgia Annotated, relating to the sales of distilled spirits in certain municipalities, so as to permit municipalities to issue licenses permitting the manufacture, sale, or distribution of distilled spirits or to authorize the sale of distilled spirits by the drink for consumption only on the premises based on approval for such licenses in the county in a county-wide referendum.
Referred to Committee on Consumer Affairs.
SB 284. By Senators Langford of the 35th, Scott of the 36th, Newbill of the 56th and others:
A bill to provide for the creation of one or more community improvement dis tricts in Pulton 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 boards.
Referred to Committee on Urban and County Affairs.
SR 99. By Senators Langford of the 35th, Scott of the 36th and Tate of the 38th:
A resolution proposing an amendment to the Constitution to authorize any mu nicipality of this state having a population of 400,000 or more according to the United States decennial census of 1980 or any future such census to incur an additional $8 million per annum in bonded indebtedness without the necessity of a referendum.
Referred to Committee on Urban and County Affairs (General).

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393

The following bills of the House were read the first time and referred to committees:
HB 67. By Representatives Richardson of the 52nd, Childs of the 53rd, Williams of the 54th and others:
A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles in general, so as to provide for special license plates to commemorate the centennial of the founding of Agnes Scott College.
Referred to Committee on Transportation.
HB 108. By Representatives Johnson of the 72nd, Lee of the 72nd, Benefield of the 72nd 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 continu ing education requirements; to change the requirements relative to nonresident licenses; to change certain requirements relative to granting a broker's, associate broker's, or salesperson's license to a corporation or partnership.
Referred to Committee on Industry and Labor.
HB 165. By Representatives Lee of the 72nd and Bray of the 91st:
A bill to amend Code Section 21-2-134 of the Official Code of Georgia Annotated, relating to the filling of vacancies in party nominations caused by the death or resignation of candidates, so as to change the provisions relating to the filling of such vacancies by a special primary.
Referred to Committee on Governmental Operations.
HB 201. By Representative Robinson of the 58th:
A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Fair Business Practices Act of 1975", so as to provide for definitions regarding promotional giveaways.
Referred to Committee on Industry and Labor.
HB 218. By Representatives Alford of the 57th, Watson of the 114th, Athon of the 57th and Mangum of the 57th:
A bill to amend Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, known as the "Georgia Emergency Telephone Number '911' Service Act of 1977", so as to provide a procedure for levying and collecting maintenance fees for certain enhanced emergency telephone number "911" sys tems directly from subscribers of telephone service.
Referred to Committee on Public Utilities.
HB 225. By Representatives Murphy of the 18th, McDonald of the 12th, Smyre of the 92nd, Benefield of the 72nd, Lawson of the 9th and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 19861987 known as the "General Appropriations Act", so as to change certain appro priations for the State Fiscal Year 1986-1987.
Referred to Committee on Appropriations.

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HB 567. By Representative Bray of the 91st: A bill to amend an Act creating the Board of Commissioners of Meriwether County, so as to repeal certain provisions relating to the compensation of the chairman and members of the board of commissioners.
Referred to Committee on Urban and County Affairs.
HB 568. By Representative Bray of the 91st: A bill to amend an Act providing for the compensation of the chairman and members of the board of commissioners of Meriwether County, so as to change the maximum compensation of the chairman and members of the board of com missioners of Meriwether County.
Referred to Committee on Urban and County Affairs.
HB 569. By Representative Hudson of the 117th: A bill to provide for the appointment of the school superintendent of Pulaski County by the Board of Education of Pulaski County.
Referred to Committee on Urban and County Affairs.
HB 570. By Representative Dixon of the 151st: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which authorized the City of Waycross to use funds raised from the levy of its industrial tax to assist, promote, and en courage the location of industry in Ware County as well as in the City of Waycross.
Referred to Committee on Urban and County Affairs.
HB 577. By Representative Royal of the 144th: A bill to amend an Act creating a new charter for the City of Camilla, so as to change the compensation of mayor and councilman.
Referred to Committee on Urban and County Affairs.
HB 579. By Representatives Jackson of the 83rd and Harris of the 84th: A bill to amend an Act providing for the election of members of the board of education of Columbia County, so as to provide that the members of said board of education shall be elected on a nonpartisan basis.
Referred to Committee on Urban and County Affairs.
The following reports of standing committees were read by the Secretary:
Mr. President:
The Committee on Banking and Finance has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 216. Do pass. SB 254. Do pass. SB 256. Do pass.
Respectfully submitted,
Senator Hudgins of the 15th District, Chairman

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397

Mr. President:

The Committee on Governmental Operations has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 170. Do pass by substitute. SB 223. Do pass.
Respectfully submitted,
Senator Kidd of the 25th District, Chairman

Mr. President:

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

SB 24. Do pass by substitute.

HB 38. Do pass.

SB 98. Do pass. SB 114. Do pass.

HB 125. Do pass. HB 135. Do pass.

HB 12. Do pass.

Respectfully submitted,

Senator Howard of the 42nd District, Chairman

Mr. President:

The Committee on Judiciary has had under consideration the following bills of the Sen ate and has instructed me to report the same back to the Senate with the following recommendations:
SB 151. Do pass by substitute. SB 197. Do pass by substitute. SB 219. Do pass.
Respectfully submitted,
Senator Deal of the 49th District, Chairman

Mr. President:

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

SB 244. Do pass.

HB 406. Do pass.

SB 245. Do pass.

HB 407. Do pass.

SB 250. Do pass.

HB 408. Do pass.

SB 251. Do pass.

HB 417. Do pass.

SB 252. Do pass.

HB 483. Do pass.

HB 395. Do pass.

HB 484. Do pass.

HB 396. Do pass.

HB 485. Do pass.

HB 400. Do pass.

HB 486. Do pass.

HB 403. Do pass.

HB 492. Do pass.

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HB 496. Do pass. HB 525. Do pass.

HB 526. 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 41. By Senator Barnes of the 33rd:
A bill to amend Chapter 1 of Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations in general, so as to provide that it shall be unlawful for any employer or the agent of such employer to discharge, disci pline, or otherwise penalize 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.

SB 86. By Senators Langford of the 35th, Coverdell of the 40th, Scott of the 36th 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 the creation of a county board of health by ordinance in all counties of this state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census.

SB 99. By Senators Crumbley of the 17th, Starr of the 44th, Howard of the 42nd and others:
A bill to amend Article 2 of Chapter 14 of Title 9 of the Official Code of Georgia Annotated, relating to habeas corpus procedure for persons under sentence of a state court of record, so as to provide that proceedings on a petition challenging the legality of a sentence of death imposed by a state court of record may be transferred after filing and service to the county in which the sentence was imposed.

SB 119. By Senators Barnes of the 33rd, Dean of the 31st and McKenzie of the 14th:
A bill to amend Chapter 1 of Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, generally, so as to provide criminal penalties for the evasion or attempted evasion of any tax, fee, license, penalty, interest, or other amount imposed under Title 48; to provide an effective date.

SB 140. By Senator Barnes of the 33rd:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions concerning torts, so as to provide for the dismissal of strict liability in tort claims against certain defendants who certify the correct identity of the manufacturer of the product allegedly causing injury, death, or damage; to provide exceptions; to define certain terms.

SB 162. By Senators Deal of the 49th, Peevy of the 48th, Barnes of the 33rd and others:
A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, so as to provide a comprehensive plan for the development of community-based alternatives so that children who have committed delinquent acts may not have to be commit ted to a state detention facility; to provide noninstitutional disposition options for juvenile courts; to provide for intent.

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399

SB 182. By Senators Bryant of the 3rd, Perry of the 7th, Phillips of the 9th and others:
A bill to amend Code Section 38-2-279 of the Official Code of Georgia Annotated, relating to the rights of public officers and employees absent on military duty as members of the organized militia or reserve forces, so as to change the provisions relative to the pay of public officers and employees while engaged in the perform ance of ordered military duty.
SB 187. By Senator Dawkins of the 45th:
A bill to amend Chapter 5 of Title 29 of the Official Code of Georgia Annotated, relating to guardians of incapacitated adults, so as to authorize the State Board of Workers' Compensation to appoint guardians for certain incapacitated adults who are entitled to workers' compensation benefits where there is no duly ap pointed and qualified guardian for such incapacitated adult; to provide for limi tations on the authority of such guardians.
SB 189. By Senators Dawkins of the 45th and Hine of the 52nd:
A bill to amend Article 1 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to abuse of governmental office, so as to change certain pro visions relating to receiving funds or other things of value to enforce penal laws or regulations; to authorize the solicitation or acceptance of equipment or funds by certain law enforcement officers to be used for certain law enforcement purposes.
SB 200. By Senator Deal of the 49th:
A bill to amend Code Section 15-10-41 of the Official Code of Georgia Annotated, relating to trial of civil actions in magistrate court and appeal from judgments returned in magistrate court, so as to change provisions relating to appeals from judgments of magistrate courts.
SB 227. By Senator Howard of the 42nd:
A bill to amend Code Section 9-11-69 of the Official Code of Georgia Annotated, relating to discovery measures in aid of execution, so as to provide for additional discovery measures.
SB 230. By Senators Deal of the 49th and Hine of the 52nd:
A bill to amend Chapter 1 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions relative to crimes and offenses, so as to provide for a statement of intent and purpose; to provide that the repeal, repeal and reenactment, or amendment of certain criminal laws shall not affect or abate the status as a crime of criminal acts or omissions which occurred prior to the effective date of the Act repealing, repealing and reenacting, or amending such law.
SB 231. By Senators Deal of the 49th, Newbill of the 56th and Dawkins of the 45th:
A bill to amend Code Section 20-2-942 of the Official Code of Georgia Annotated, relating to procedure for nonrenewal of contract or demotion after acceptance by teacher of school year contract for fourth consecutive school year and procedure for nonrenewal of contract or demotion by another local board of education, so as to provide for a ten-day period for teachers to review contracts.
SR 22. By Senators Barnes of the 33rd, Dean of the 31st, McKenzie of the 14th and Crumbley of the 17th:
A resolution proposing an amendment to the Constitution so as to provide for the establishment, jurisdiction, operation, and financing of investigative grand juries and trial juries in the judicial circuits and to provide for procedures and

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other matters related thereto; to provide for the submission of this amendment for ratification or rejection.
SR 70. By Senator Mine of the 52nd: A resolution creating the Joint Study Committee on Residential High Schools for the Arts.
HB 11. By Representatives Walker of the 115th and Groover of the 99th: A bill to amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, so as to provide for an administrative offset as sessment of wages of certain employers; to provide for a method of payment and collection of assessments; to provide for rules of the Commissioner of Labor; to provide for initial assessments of employers.
HB 16. By Representatives Thomas of the 69th, Chambless of the 133rd and Waldrep of the 80th:
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 magistrate courts shall charge and collect and transmit to the clerks of superior court the clerks' fees for record ing of writs of execution on the general execution docket.
HB 18. By Representatives Thomas of the 69th, Chambless of the 133rd and Waldrep of the 80th: A bill to amend Code Section 31-32-5 of the Official Code of Georgia Annotated, relating to revocation of living wills for the withholding of extraordinary lifesustaining procedures in the event of a terminal condition, so as to provide that a written or oral revocation of a living will must, in order to be effective, clearly express an intention to revoke a living will as opposed to a will or wills relating to the disposition of property after death.
HB 121. By Representatives Lawson of the 9th, Jackson of the 9th and Wood of the 9th:
A bill to amend Code Section 48-5-314 of the Official Code of Georgia Annotated, relating to the confidentiality of certain taxpayer records, so as to provide that certain materials containing information gathered by personnel of the county board of tax assessors shall not be confidential; to provide that records which are not confidential shall be subject to inspection at all times during office hours.
HB 279. By Representatives Thomas of the 69th and Chambless of the 133rd: A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to correct grammatical, typographical, stylistic, and other errors and omissions in the Official Code of Georgia Annotated, and in Acts of the General Assembly amending Title 47 of the Official Code of Georgia Annotated; to correct capitalization, spelling and punctuation; to correct refer ences to renamed or redesignated persons, retirement or pension systems, courts, or other entities.
Senator Dean of the 31st asked unanimous consent to dispense with the morning roll call due to the roll call machine being inoperative, and the consent was granted.
Senator Bowen of the 13th introduced the chaplain of the day, Reverend Jimmy Willis, pastor of the Central Union Baptist Church, Vienna, Georgia, who offered scripture reading and prayer.
The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:

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401

SENATE LOCAL CONSENT CALENDAR
Friday, February 6, 1987
SEVENTEENTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 244 Kidd, 25th Putnam County
Amends Act creating Board of Commissioners of county; changes provisions relating to mileage allowance for members of board of commissioners.
SB 245 Broun, 46th Clarke County
Creates Clarke County Airport Authority; to declare the need for the airport authority; declares purposes and objectives of this Act; defines certain terms; provides for membership of authority; provides for terms of members; pro vides for election of officers, quorum, bylaws, procedures, and meetings.
SB 250 Gillis, 20th City of Mount Vernon Montgomery County
Amends Act creating new charter for city; changes corporate limits.
SB 251 Barker, 18th Harris, 27th Olmstead, 26th City of Macon Bibb County
Amends Act known as the "Macon-Bibb County Water and Sewerage Au thority Act"; changes amount and basis of salary compensation for elected members of authority; provides that each elected member of authority shall receive a salary or $5,400.00 per annum, payable monthly, commencing July 1, 1987.
SB 252 Barker, 18th Harris, 27th Olmstead, 26th City of Macon Bibb County
Amends Act known as "Macon-Bibb County Water and Sewerage Authority Act"; provides that the authority shall have the power to issue executions on orders assessing a civil penalty; provides that such executions shall be a lien upon and against the land and other properties of assessed party.
HB 395 Peevy, 48th City of Winder Barrow County
Continues amendment creating Barrow County School System by merging the independent school system of city of Winder and the county school sys tem of county into one school district and creates a board of education and school superintendent of merged system.

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JOURNAL OF THE SENATE

HB 396 Peevy, 48th Barrow County
Continues amendment creating Barrow County Industrial Building Author ity.
HB 400 Bowen, 13th City of Fitzgerald Ben Hill County
Continues amendment authorizing city to levy a tax not to exceed one mill for the purpose of promoting and encouraging the location of new industries; provides authority.
HB 403 Bowen, 13th City of Fitzgerald Ben Hill County
Continues amendment creating the Fitzgerald and Ben Hill County Develop ment Authority.
HB 406 Perry, 7th Tift County
Continues amendment relating to selection and service board of education and the school superintendent of county.
HB 407 Perry, 7th Tift County
Continues amendment relating to creation of Tift County Development Au thority and the powers and administration of the authority.
HB 408 Perry, 7th Tift County
Continues amendment relating to the levy of a tax for the use of the Tift County Development Authority.
HB 417 Timmons, llth City of Sale Mitchell County
Amends Act incorporating City of Sale in said county; provides for filling of vacancies in office of mayor or councilmen.
HB 483 Edge, 28th Spalding County
Continues amendment authorizing governing authority of county to issue general obligation bonds for purpose of establishing educational facilities be yond twelfth grade and to levy taxes for payment of such bonds.
HB 484 Edge, 28th Spalding County
Continues amendment authorizing county to make temporary loans, limiting the aggregate amount of said loans outstanding at any one time, and provid ing that said loans must be paid off out of the taxes received by the county in year in which said loans are made.

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403

HB 485 Edge, 28th Spalding County
Continues amendment authorizing establishment of water districts in county outside of municipalities and providing for the levy of taxes to defray the costs of furnishing water.

HB 486 Edge, 28th Spalding County
Continues amendment authorizing county in unincorporated areas to con struct, pave, maintain, and improve public streets, roads, and sidewalks and assess all or a portion of the cost of same against abutting property and the owners thereof.

HB 492 Edge, 28th City of Griffin Spalding County
Continues amendment which provides for the merger of the existing school system and school district of the city and the existing school district in the county lying outside the corporate limits of said city into one school district co-extensive with the limits of county.

HB 496 Edge, 28th Spalding County
Amends Act consolidating office of tax receiver and tax collector of county; changes compensation of tax commissioner of county.

HB 525 Dean, 31st Haralson County
Abolishes present mode of compensating clerk of Superior Court of county, known as fee system; provides in lieu thereof an annual salary; provides that all fees, costs, or other emoluments of said officer shall become property of county.

HB 526 Dean, 31st Haralson County
Amends Act creating office of county commissioner of county; changes com pensation of county commissioner of county.

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 Bowen Brannon Broun of 46th Brown of 47th Bryant

Burton Coleman Crumbley Dawkins Deal Dean Echols Edge English

Engram Fincher Foster Garner Gillis Harris Harrison Hine Holloway

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Howard Huggins Kidd Land Langford McGill McKenzie Newbill

Olmstead Peevy Perry Ragan Ray Scott of 2nd Scott of 36th

Shumake Starr Stumbaugh Tolleson Turner Tysinger Walker

Those not voting were Senators:

Barnes Coverdell Hudgins

Kennedy (presiding) Phillips

Tate Timmons

Senator Allgood of the 22nd asked unanimous consent to suspend verification of the roll call on all the bills on the Senate Local Consent Calendar, and the consent was granted.

On the passage of all the local bills, the yeas were 49, nays 0.

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

SENATE CALENDAR
Friday, February 6, 1987
SEVENTEENTH LEGISLATIVE DAY
SB 134 Certain Annual Reports by Property, Casualty Insurers--additional information (SUBSTITUTE) (INS--45th) (Pursuant to Senate Rule 143, final adoption of the substitute and consideration of the bill was suspended until today.)
SB 201 Magistrate Courts--jurisdiction over execution, waivers of extradition (JUDY--49th)
SB 215 Juveniles--redefine designated felony act (JUDY--49th) SB 63 Adoption of Minor--information on birth parents (SUBSTITUTE) (HUM
R--25th) SB 173 Driver's License Suspension--disposition of twenty-five (25) cent fee for trans
mitting reports (U&CA G--52nd) SB 179 Quality Basic Education (QBE)--revisions (AMENDMENT) (ED--33rd)
SB 183 Board of Commissioners Chairmen--minimum salary when working full time (SUBSTITUTE) (GOV OP--30th)
SB 208 Probate Judge--jurisdiction in county matters (GOV OP--8th) SB 232 Educational Reinvestment Act for Aid to Families with Dependent Chil
dren--provide (HUM R--39th) HB 127 Law Enforcement Officer Required to Attend Court--payment of fees (AMEND
MENT) (PUB SAF--48th)
HB 160 Bicentennial License Plate--prohibit use after 1989 (TRANS--1st)
HB 162 Common or Contract Carrier for Hire--fee for van-type vehicles (TRANS--1st) HB 185 Candidate Qualifying--deadline for certain fees and notices (GOV OP--25th)
HB 188 Reducing Tax Execution for Local Taxes to Judgment--authority of tax commis sioners (U&CA G--37th)
HB 265 Municipal Courts--try cases of shoplifting $100.00 or less (U&CA G--8th)

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405

HR 61 Joseph Wilson Smith Bridge--designate (TRANS--1st) HR 62 J.R. Alien Parkway--designate (TRANS--1st) HR 96 Homer Chance Highway--designate (TRANS--1st)

The following general bill of the Senate, having been read the third time and final ac tion suspended on February 5 until today, pursuant to Senate Rule 143, was continued upon its passage:

SB 134. By Senators Dawkins of the 45th and Stumbaugh of the 55th:
A bill to amend Code Section 33-3-21.1 of the Official Code of Georgia Anno tated, relating to the submission of certain annual reports by property and casu alty insurers, so as to require additional information to be included in such reports.

The substitute to SB 134 offered by Senator Dawkins of the 45th and adopted on Feb ruary 5, as it appears in the Journal of February 5, was automatically reconsidered and put upon its adoption.

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

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

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

Those voting in the affirmative were Senators:

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

Edge English Engram Fincher Foster Garner Gillis Harris Harrison Hine Holloway Howard Huggins Kidd Land Langford McGill

McKenzie Newbill Olmstead Peevy Perry Phillips Ragan Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tolleson Turner Tysinger Walker

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Those not voting were Senators:

Barnes Hudgins

Kennedy (presiding) Tate

Timmons

Senator Allgood of the 22nd asked unanimous consent to suspend verification of the roll call on SB 134, and the consent was granted.

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

SB 201. By Senator Deal of the 49th:
A bill to amend Code Section 15-10-2 of the Official Code of Georgia Annotated, relating to jurisdiction of magistrate courts, so as to provide that magistrate courts shall have jurisdiction over the execution or subscribing and the accept ance of written waivers of extradition.

Senator Crumbley of the 17th moved that the Senate reconsider the main question which was previously ordered.

On the motion, the yeas were 37, nays 5; the motion prevailed, and the main question was reconsidered.

Senator Crumbley of the 17th moved that SB 201 be placed on the Table.
Senator Deal of the 49th moved the previous question.
On the motion offered by Senator Crumbley of the 17th, which takes precedence, the yeas were 16, nays 24; the motion lost, and SB 201 was not placed on the Table.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin

Bowen Brannon Broun of 46th

Brown of 47th Bryant Burton

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407

Coleman Coverdell Dawkins Deal Dean Echols Edge Engram Fincher Foster
Garner Gillis Harris

Mine Holloway Howard Hudgins Huggins Kidd Langford McGill McKenzie Newbill Olmstead Peevy

Those voting in the negative were Senators:

Perry Phillips Ragan Ray Scott of 2nd Scott of 36th Shumake Stumbaugh Tolleson Turner Tysinger Walker

Barker Crumbley

Land

Starr

Those not voting were Senators:

Barnes English

Harrison Kennedy (presiding)

The roll call was verified.

Tate Timmons

On the passage of the bill, the yeas were 46, nays 4.

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

Senator Crumbley of the 17th gave notice that, at the proper time, he would move that the Senate reconsider its action in passing SB 201.

SB 215. By Senator Deal of the 49th:
A bill to amend Code Section 15-11-37 of the Official Code of Georgia Annotated, relating to disposition by juvenile courts of juveniles committing designated fel ony acts, so as to redefine the term "designated felony act"; to provide that a juvenile commits a designated felony act when he commits any act which would be a felony if the juvenile committing the act has twice previously been adjudi cated delinquent for acts which would have been felonies.

Senator Langford of the 35th offered the following amendment:

Amend SB 215 by striking on page 1, on lines 7 and 26 the following: "twice"
and inserting in lieu thereof the following: "three times".

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JOURNAL OF THE SENATE

On the adoption of the amendment, the yeas were 31, nays 1, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

Albert Baldwin Barnes Bowen Brannon Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols

Edge English Engram Fincher Foster Garner Gillis Harris Harrison Hine Holloway Howard Huggins Land Langford

Those voting in the negative were Senators:

McGill Newbill Olmstead Peevy Perry Phillips Ragan Ray Scott of 2nd Shumake Starr Timmons Tolleson Turner Tysinger

Allgood Barker Hudgins

Kidd Scott of 36th

Those not voting were Senators:

Tate Walker

Kennedy (presiding)

McKenzie

Stumbaugh

The roll call was verified.

On the passage of the bill, the yeas were 46, nays 7.

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

Senator Broun of the 46th introduced the doctor of the day, Dr. A. D. Muse, of Athens, Georgia.

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409

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 180. By Representatives Bishop of the 94th, Morton of the 47th, Aaron of the 56th, Redding of the 50th, Brown of the 88th and others:
A bill to amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to exempt malt beverages and wine which contain less than one-half of 1 percent alcohol from certain taxation.
HB 292. By Representative Watson of the 114th:
A bill to amend Code Section 46-1-1 of the Official Code of Georgia Annotated, relating to definitions applicable to Title 46, so as to change certain provisions relating to the definition of a motor common carrier and motor contract carrier; to change certain provisions relating to certain dump trucks or transit mixer vehicles.
HB 380. By Representative Adams of the 79th:
A bill 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 inspection.
The following bills of the House were read the first time and referred to committees:
HB 180. By Representatives Bishop of the 94th, Morton of the 47th, Aaron of the 56th, Redding of the 50th, Brown of the 88th and others:
A bill to amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to exempt malt beverages and wine which contain less than one-half of 1 percent alcohol from certain taxation. Referred to Committee on Banking and Finance.
HB 292. By Representative Watson of the 114th:
A bill to amend Code Section 46-1-1 of the Official Code of Georgia Annotated, relating to definitions applicable to Title 46, so as to change certain provisions relating to the definition of a motor common carrier and motor contract carrier; to change certain provisions relating to certain dump trucks or transit mixer vehicles. Referred to Committee on Transportation.
HB 380. By Representative Adams of the 79th:
A bill 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 inspection. Referred to Committee on Transportation.

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The following resolution of the Senate was read and adopted:
SR 100. By Senator Foster of the 50th: A resolution recognizing and honoring Eliot Wigginton.
Senator Foster of the 50th introduced Eliot Wigginton, "Georgia Teacher of the Year", who briefly addressed the Senate.
Senator Allgood of the 22nd moved that the Senate do now adjourn until 10:00 o'clock A.M. Monday, February 9, and the motion prevailed.
At 11:10 o'clock A.M., Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced the Senate adjourned until 10:00 o'clock A.M. Monday, February 9.

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411

Senate Chamber, Atlanta, Georgia Monday, February 9, 1987 Twentieth Legislative Day
The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.
Senator Barker of the 18th reported that the Journal of the proceedings of Friday, Feb ruary 6, had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House and Senate:
SB 181. By Senator Bowen of the 13th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Dooly County Industrial De velopment Authority; to provide the authority for this Act.
SB 184. By Senator Huggins of the 53rd: A bill to amend an Act creating a new charter for the Town of Linwood in Walker County, as amended, so as to change the date set for city elections; to change the manner of elections; to change the manner of selecting the clerk, mar shal, and treasurer; to change the authority of the mayor with regard to police of the town.
HB 534. By Representative Ramsey of the 3rd: A bill to provide for the continued existence of the heretofore existing Board of Education of Murray County; to provide for the election of the successor to the at-large member of said board of education.
HB 539. By Representatives Ware of the 77th and Milam of the 81st: A bill to create a board of elections and registration in Troup County; to em power said board with the powers and duties of the election superintendent relat ing to the conduct of elections.
HB 573. By Representatives Sherrod of the 143rd and Long of the 142nd: A bill to amend an Act relating to the board of education of the independent school district of the City of Thomasville, so as to change the composition and method of election of the board of education of the Thomasville school district.
HB 574. By Representatives Sherrod of the 143rd and Long of the 142nd: A bill to amend the charter of the City of Thomasville as established by an Act approved October 3, 1889, so as to change the composition and method of elec tion of the governing authority of the City of Thomasville; to provide for a board of commissioners as the governing authority of the city.

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JOURNAL OP THE SENATE

HB 580. By Representative Pittman of the 60th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing a homestead exemption of $2,000.00 from all ad valorem taxes levied by the City of Norcross for persons 62 years of age or over.
HB 581. By Representatives Bargeron of the 108th and Ricketson of the 82nd: A bill to provide for the collection of additional costs in cases before the Magis trate Court of Jefferson County as law library fees.
HB 589. By Representatives Pittman of the 60th and Goodwin of the 63rd: A bill to amend an Act providing a new charter for the City of Norcross, so as to change the corporate limits of the city.
HB 591. By Representatives Kilgore of the 42nd, Watts of the 41st and Simpson of the 70th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to creating the Douglasville-Douglas County Stadium Authority.
HB 592. By Representatives Kilgore of the 42nd, Watts of the 41st and Simpson of the 70th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to providing for the elec tion of members of the Board of Education of Douglas County and prescribing procedures connected therewith.
HB 593. By Representatives Kilgore of the 42nd, Watts of the 41st and Simpson of the 70th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to authorizing the gov erning authority of Douglas County to license, police, and regulate businesses, to adopt and enact ordinances, and to provide penalties.
HB 594. By Representatives Kilgore of the 42nd, Watts of the 41st and Simpson of the 70th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to providing that the Gen eral Assembly may authorize and provide for a civil service system and a retire ment system for all present and future officers and employees of Douglas County and for procedures connected therewith.
HB 595. By Representatives Kilgore of the 42nd, Watts of the 41st and Simpson of the 70th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to authorizing the gov erning authority of Douglas County to establish water, sanitation, sewerage, and fire protection districts and systems and to levy taxes and issue bonds and reve nue bonds to operate, maintain, and administer such districts and systems.
HB 596. By Representatives Kilgore of the 42nd, Watts of the 41st and Simpson of the 70th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to providing for the recall

MONDAY, FEBRUARY 9, 1987

413

of the clerk of the superior court, the judge of the probate court, the sheriff, the tax commissioner, and the coroner of Douglas County or members of the Board of Education of Douglas County.

HB 597. By Representatives Kilgore of the 42nd, Watts of the 41st and Simpson of the 70th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to providing for the issu ance of bonds for road purposes in Douglas County not to exceed ten percent of the assessed value of taxable property in the county.

SB 95. By Senator Baldwin of the 29th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the LaGrange Development Au thority (Res. Act No. 101; H.R. 392-866; Ga. L. 1964, p. 779); to provide the authority for this Act.

SB 115. By Senator Baldwin of the 29th:
A bill to amend an Act creating a new charter for the City of LaGrange in the County of Troup, as amended, so as to extend and increase the corporate limits of the City of LaGrange.

SB 123. By Senators Turner of the 8th, McKenzie of the 14th and Burton of the 5th:
A bill to amend Article 3 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to the Georgia Residential Finance Authority, so as to change legislative findings; to expand residential conservation purposes qualify ing for financial assistance; to change the definition of lending institution; to change certain powers of the authority with respect to investments.

HB 300. By Representatives Lane of the lllth and Godbee of the 110th:
A bill to amend Chapter 6 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of auctioneers, so as to define certain terms; to change the definition of a certain term; to prohibit any company from engaging in, con ducting, advertising, or holding itself out as engaging in or conducting the busi ness of auctioning without registering with the Georgia Auctioneers Commission.

HB 166. By Representatives Aiken of the 21st, Isakson of the 21st, Atkins of the 21st, Thompson of the 20th, Johnson of the 72nd and others:
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.

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The House has failed to adopt the following resolution of the Senate:
SR 98. By Senators Allgood of the 22nd, Kennedy of the 4th, Holloway of the 12th and Starr of the 44th:
A resolution relative to adjournment.
The following bills and resolution of the Senate were introduced, read the first time and referred to committees:
SB 285. By Senator Howard of the 42nd:
A bill to amend Code Section 16-13-72 of the Official Code of Georgia Annotated, relating to sale and distribution of dangerous drugs, so as to prohibit the sale of, exchange for a valuable consideration of, or offers to sell or exchange complimen tary samples of dangerous drugs.
Referred to Committee on Judiciary.
SB 286. By Senator Howard of the 42nd:
A bill to amend Code Section 43-34-37 of the Official Code of Georgia Annotated, relating to disciplinary sanctions by the Composite State Board of Medical Ex aminers, so as to require that board to investigate a licensee's fitness to practice medicine if the board receives certain notifications regarding judgments or settle ments relating to medical malpractice claims or relating to the practice of medicine.
Referred to Committee on Human Resources.
SB 287. By Senator Echols of the 6th:
A bill to amend Code Section 19-3-30 of the Official Code of Georgia Annotated, relating to when, where, and by whom marriage licenses are issued, so as to pro vide that if one of the persons to be married is a resident of this state, the license may be issued in any county of this state.
Referred to Committee on Consumer Affairs.
SB 288. By Senator Allgood of the 22nd:
A bill to amend Code Section 7-1-682 of the Official Code of Georgia Annotated, relating to qualifications of licensees authorized to sell checks or money orders, so as to provide for written assurances regarding cashing or redemption of checks sold by a licensee or its agents; to authorize the Department of Banking and Finance to determine reasonable requirements for cashing or redeeming checks sold by a licensee or its agents.
Referred to Committee on Banking and Finance.
SB 289. By Senators Howard of the 42nd, Hine of the 52nd, Barnes of the 33rd and others:
A bill to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to change certain definitions relat ing to substituting generic drugs; to eliminate two-line prescription forms; to al low for generic substitution by a licensed pharmacist when the prescriber does not designate "brand necessary" on a prescription form.
Referred to Committee on Human Resources.

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415

SR 104. By Senators Echols of the 6th, Ray of the 19th and McGill of the 24th:
A resolution urging the Georgia congressional delegation to exert its influence to increase the funding for the forestry incentives program. Referred to Committee on Natural Resources.
The following bills of the House were read the first time and referred to committees:
HB 166. By Representatives Aiken of the 21st, Isakson of the 21st, Atkins of the 21st and others:
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. Referred to Committee on Consumer Affairs.
HB 300. By Representatives Lane of the lllth and Godbee of the 110th:
A bill to amend Chapter 6 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of auctioneers, so as to define certain terms; to change the definition of a certain term; to prohibit any company from engaging in, con ducting, advertising, or holding itself out as engaging in or conducting the busi ness of auctioning without registering with the Georgia Auctioneers Commission. Referred to Committee on Industry and Labor.
HB 580. By Representative Pittman of the 60th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing a homestead exemption of $2,000.00 from all ad valorem taxes levied by the City of Norcross for persons 62 years of age or over. Referred to Committee on Urban and County Affairs.
HB 534. By Representative Ramsey of the 3rd:
A bill to provide for the continued existence of the heretofore existing Board of Education of Murray County; to provide for the election of the successor to the at-large member of said board of education. Referred to Committee on Urban and County Affairs.
HB 539. By Representatives Ware of the 77th and Milam of the 81st:
A bill to create a board of elections and registration in Troup County; to em power said board with the powers and duties of the election superintendent relat ing to the conduct of elections. Referred to Committee on Urban and County Affairs.
HB 573. By Representatives Sherrod of the 143rd and Long of the 142nd:
A bill to amend an Act relating to the board of education of the independent school district of the City of Thomasville, so as to change the composition and method of election of the board of education of the Thomasville school district. Referred to Committee on Urban and County Affairs.

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HB 574. By Representatives Sherrod of the 143rd and Long of the 142nd:
A bill to amend the charter of the City of Thomasville as established by an Act approved October 3, 1889, so as to change the composition and method of elec tion of the governing authority of the City of Thomasville; to provide for a board of commissioners as the governing authority of the city.
Referred to Committee on Urban and County Affairs.
HB 581. By Representatives Bargeron of the 108th and Ricketson of the 82nd:
A bill to provide for the collection of additional costs in cases before the Magis trate Court of Jefferson County as law library fees. Referred to Committee on Urban and County Affairs.
HB 589. By Representatives Pittman of the 60th and Goodwin of the 63rd:
A bill to amend an Act providing a new charter for the City of Norcross, so as to change the corporate limits of the city. Referred to Committee on Urban and County Affairs.
HB 591. By Representative Kilgore of the 42nd, Watts of the 41st and Simpson of the 70th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to creating the Douglasville-Douglas County Stadium Authority. Referred to Committee on Urban and County Affairs.
HB 592. By Representatives Kilgore of the 42nd, Watts of the 41st and Simpson of the 70th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to providing for the elec tion of members of the Board of Education of Douglas County and prescribing procedures connected therewith. Referred to Committee on Urban and County Affairs.
HB 593. By Representatives Kilgore of the 42nd, Watts of the 41st and Simpson of the 70th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to authorizing the gov erning authority of Douglas County to license, police, and regulate businesses, to adopt and enact ordinances, and to provide penalties. Referred to Committee on Urban and County Affairs.
HB 594. By Representatives Kilgore of the 42nd, Watts of the 41st and Simpson of the 70th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to providing that the Gen eral Assembly may authorize and provide for a civil service system and a retire ment system for all present and future officers and employees of Douglas County and for procedures connected therewith.
Referred to Committee on Urban and County Affairs.

MONDAY, FEBRUARY 9, 1987

417

HB 595. By Representatives Kilgore of the 42nd, Watts of the 41st and Simpson of the 70th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to authorizing the gov erning authority of Douglas County to establish water, sanitation, sewerage, and fire protection districts and systems and to levy taxes and issue bonds and reve nue bonds to operate, maintain, and administer such districts and systems. Referred to Committee on Urban and County Affairs.
HB 596. By Representatives Kilgore of the 42nd, Watts of the 41st and Simpson of the 70th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to providing for the recall of the clerk of the superior court, the judge of the probate court, the sheriff, the tax commissioner, and the coroner of Douglas County or members of the Board of Education of Douglas County. Referred to Committee on Urban and County Affairs.
HB 597. By Representatives Kilgore of the 42nd, Watts of the 41st and Simpson of the 70th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to providing for the issu ance of bonds for road purposes in Douglas County not to exceed ten percent of the assessed value of taxable property in the county. Referred to Committee on Urban and County Affairs.
The following reports of standing committees were read by the Secretary:
Mr. President:
The Committee on Appropriations has had under consideration the following bill and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SR 79. Do pass.
HB 225. Do pass by substitute.
Respectfully submitted,

Senator Starr of the 44th 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 253. Do pass. HB 45. Do pass.
Respectfully submitted,

Senator Turner of the 8th District, Chairman

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JOURNAL OF THE SENATE

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 449. Do pass. HB 453. Do pass.

HB 468. Do pass. HB 490. Do pass.

Respectfully submitted,

Senator Turner of the 8th District, Chairman

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

SB 24. By Senator Kidd of the 25th:
A bill to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to change the provisions regarding the disposition of men tally ill, alcoholic, or drug dependent individuals after judicial hearings; to change the provisions regarding noncompliance of mentally ill, alcoholic or drug dependent individuals with involuntary outpatient treatment.

SB 98. By Senators Foster of the 50th and Deal of the 49th:
A bill to amend Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions pertaining to health, so as to provide for the mark ing of all dentures and other removable dental prostheses with the name or social security number of the intended wearer; to provide for the method and manner of such markings; to provide for exceptions.

SB 114. By Senator Stumbaugh of the 55th:
A bill to amend Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, the "Children and Youth Act," so as to prohibit political subdivisions of this state from conducting public hearings regarding the locating or operating of certain family day-care homes, child caring institutions, and personal care homes under certain conditions; to provide for injunctive relief.

SB 151. By Senators Starr of the 44th and Crumbley of the 17th:
A bill to amend Code Section 16-7-43 of the Official Code of Georgia Annotated, relating to the prohibition against littering and penalties therefor, so as to change the provisions relating to penalties.

SB 170. By Senator Kidd of the 25th:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, Title 36 of the Official Code of Georgia Annotated, relating to local gov ernment, and Title 45 of the Official Code of Georgia Annotated, relating to pub lic officers, so as to change requirements and procedures regarding the filling of vacancies in the offices of clerk of the superior court, judge of the probate court, county surveyor, and coroner.

SB 197. By Senator Deal of the 49th:
A bill to amend Code Section 15-10-23 of the Official Code of Georgia Annotated, relating to compensation of judges of the magistrate courts, so as to change pro visions relating to the minimum salaries of magistrates.

MONDAY, FEBRUARY 9, 1987

419

SB 216. By Senator Kidd of the 25th:
A bill to amend Code Section 7-1-620 of the Official Code of Georgia Annotated, which contains definitions under the law relating to regional interstate banking, so as to include Maryland and the District of Columbia within the definition of "Southern Region states"; to provide an effective date.
SB 219. By Senator Deal of the 49th:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of superior court, so as to change the term of court for the superior court of Hall County in the Northeastern Judicial Circuit; to provide for an effective date.
SB 223. By Senator Baldwin of the 29th:
A bill to amend Article 4 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to times, places, and procedures relating to probate courts, so as to change certain provisions relating to the location of the office of the judge of the probate court; to provide an effective date.
SB 254. By Senators Hudgins of the 15th, Holloway of the 12th, Fincher of the 54th and others:
A bill to amend Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, so as to authorize any domestic lender, foreign lender, or holding company to organize, own, and control a credit card bank subject to the approval of the commissioner of banking and finance; to provide for a short title; to define certain terms.
SB 256. By Senators Coleman of the 1st, Holloway of the 12th, McKenzie of the 14th and others:
A bill to amend Chapter 6 of Title 13 of the Official Code of Georgia Annotated, relating to damages and costs in actions based on contracts, so as to provide for treble damages as a civil remedy for the writing of bad checks; to provide for service charges; to provide for form of notice of a demand; to provide for venue; to provide an effective date.
HB 12. By Representatives Selman of the 32nd, Benn of the 38th, Martin of the 26th, Townsend of the 24th and Lupton of the 25th:
A bill to amend Code Section 20-2-771 of the Official Code of Georgia Annotated, relating to immunization of students, so as to change the period of time for which immunizations may be waived; to provide for documentation and confirmation that immunization is being performed during a waiver period.
HB 38. By Representatives Richardson of the 52nd and Childs of the 53rd:
A bill to amend Chapter 11A of Title 43 of the Official Code of Georgia Anno tated, relating to dietitians and dietetic counselors, so as to change the provisions relating to definitions.
HB 125. By Representatives Pannell of the 122nd, Childers of the 15th, Hooks of the 116th, Moultrie of the 93rd and Richardson of the 52nd:
A bill to amend Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to dentists, so as to provide for definitions; to change which acts consti tute the practice of dentistry; to provide for the use of conscious sedation and general anesthesia by dentists and certain other persons; to provide for morbid ity, mortality, and injury reports.

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HB 135. By Representatives Pannell of the 122nd, Childers of the 15th, Hooks of the 116th and Richardson of the 52nd: A bill to amend Code Section 43-39-8 of the Official Code of Georgia Annotated, relating to application for license to practice psychology, so as to change certain license requirements.
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 6, 1987
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 registered in the Docket of Legislative Appearance for the 1987 Regular Session the week of February 2, 1987, as of 3:00 p.m. this date. The list is numbered 603 through 646.
With best wishes, I am
Most sincerely, /s/ Max Cleland
Attachments:
Received by: /s/ Hamilton McWhorter, Jr.
STATE OF GEORGIA Office of Secretary of State
I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that the attached list contains the names and addresses of those persons numbered 603 through 646, who have registered in the Docket of Legislative Appearance as of February 6, 1987, 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 6th day of February, in the year of our Lord One Thousand Nine Hundred and Eighty-Seven and of the Independence of the United States of America the Two Hundred and eleventh.
/s/ Max Cleland Secretary of State
(Seal)

603. Ronald A. Pierce Kayo Oil Company 1221 E. Main Street Chattanooga, TN 37408 615/755-9330

604. Dennis H. Reilley Kayo Oil Company 1221 E. Main Street Chattanooga, TN 37408 615/755-9367

MONDAY, FEBRUARY 9, 1987

421

605. Gregory Michael Brown Georgia Bar Association 84 Peachtree Street, N.W. Atlanta, Georgia 30303 404/573-8722
606. Billy Ray Muse CWA 1003 Fred Drive Morrow, Georgia 30260 404/961-7980
607. Gloria W. Leonard CWA 2753 Connally Drive, S.W. Atlanta, Georgia 30311 404/496-4883
608. Brenda A. Pickens CWA 4340 Housworth Drive Lithonia, Georgia 30058 404/987-0424
609. Annette S. Johnson CWA 3891 Northstrand Drive Decatur, Georgia 30035 404/284-6882
610. Frank E. Weltz Shell Oil Company Post Office Box 60193 One Shell Square New Orleans, LA 70160 504/588-8001
611. Margie Pitts Hames REGISTERED AGENT Ambulatory Surgical Center Atlanta Women Medical Center Midtown Hospital 2671 Rivers Road Atlanta, Georgia 30305 404/577-7952
612. Linda G. Edmonds Georgia Optometric Association Post Office Box 36313 Decatur, Georgia 30032 404/296-3130
613. V. Stell Gray Community Bankers Association Post Office Box 458 Conyers, Georgia 30207 404/929-0583

614. Vickie Ann Breman Sierra Club 1699 Lenox Road Atlanta, Georgia 30306 404/881-8008
615. Walter James Cleveland, Jr. CWA 5064 Singleton Road Norcross, Georgia 30319 404/923-5580
616. Conrad M. Fowler West Point Pepperell Box 71 West Point, Georgia 31833 404/645-4185
617. K. Michael Sawyer CB & T Bancshares, Inc. Post Office Box 120 Columbus, Georgia 31902 404/649-2266
618. Barbara K. McGhee N A AC P 1190 Fairburn Road Atlanta, Georgia 30331 404/349-7496
619. Carl G. McGhee N A ACP 1190 Fairburn Road Atlanta, Georgia 30331 404/349-7496
620. Charles W. Greenlea NAACP 1190 Fairburn Road Atlanta, Georgia 30331 404/349-7496
621. Brooks Payne Georgia Association of Not-For-Profit Hospitals 5 Collier Road, N. W. #7 Atlanta, Georgia 30309 404/355-1155
622. Carolyn Jeanette Jones Georgia Federation of Women's Clubs 2857 Spalding Drive Dunwoody, Georgia 30338 404/394-5081
623. George Ann Hoffman Georgia Federation of Women's Clubs 797 San Miguel Drive Stone Mountain, Georgia 30083 404/469-1082

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JOURNAL OF THE SENATE

624. Thomas J. Harrold, Jr. Motion Picture Association of America 1409 Peachtree Street Atlanta, Georgia 30309 404/885-1500
625. Robert Patterson Kennedy, Jr. International Cultural Center 268 Rumson Road, N. E. Atlanta, Georgia 30305 404/231-2268
626. Elaine M. Wilson Georgia State Bar Hurt Building Atlanta, Georgia 30303 404/527-8733
627. Quinton S. King Georgia Association of Realtors 843 Dalrymple Road Atlanta, Georgia 30328 404/392-0770
628. Nelson McGhee III N A AC P 1530 Gordon Street, S.W. Atlanta, Georgia 30306 404/755-8246
629. John G. Richards Bankhead Tobacco Institute Inc. Post Office Box 2321 Stone Mountain, Georgia 30086 404/923-0064
630. Alien Williams, Jr. Southeastern Training Corporation 3015 South Rainbow Drive Decatur, Georgia 30034 404/243-4363
631. Homer Kuril Crown Central Petroleum Corporation 4840 Miller Road Columbus, Georgia 31907 404/561-3619
632. Gary E. Jackson SELF 401 West Peachtree Street Suite 1550 Atlanta, Georgia 30327 404/659-1320
633. Lynne A. Randall Georgians for Choice 580 14th Street Atlanta, Georgia 30318 404/874-7551

634. Elizabeth Andrews DeKalb County Board of Education 2668 E. McKinnon Drive Decatur, Georgia 30030-4535 404/371-0724
635. Hila Stonebreaker Georgia Employees Association Local 1985 SEIU/AFL-CIO 501 Pulliam Street Atlanta, Georgia 30312 404/523-7884
636. Sylvia Margaret Sultenfuss Georgia Nurses Association 2045 Manchester Street, N.E. Atlanta, Georgia 30324 404/881-6300
637. Marbury Taylor Stegall Georgia Nurses Association 62 Spruce Street, NE Atlanta, Georgia 30307 404/997-9928
638. Joe Cullen Williford, Jr. American Civil Liberties Union of Georgia 130 26th Street, N.W. #209 Atlanta, Georgia 30309-2013 404/874-0600
639. Thomas Gary Blalack Glaxo Inc. 1413 Wildwood Court Franklin, TN 37064 615/790-6927
640. Gregory B. Paxton Georgia Trust for Historic Preservation 1516 Peachtree Street, NW Atlanta, Georgia 30309 404/881-9980
641. Ward Bond Jacox NAACP 1368 Oakcrest Drive Atlanta, Georgia 30311 404/696-0527
642. Donna Annette Hill N A AC P 1616 Piedmont Road, #D-8 Atlanta, Georgia 30324 404/872-2117
643. Pete Castelli The Georgia Environmental Project 136 Marietta Street #238 Atlanta, Georgia 30303 404/521-3731

MONDAY, FEBRUARY 9, 1987

423

644. Cleo McKinley Wilcox The Georgia Environmental Project 136 Marietta Street #238 Atlanta, Georgia 30303 404/521-3731
645. Lance Lamont Wise Mental Health Association of Metro Atlanta 100 Edgewood Avenue Atlanta, Georgia 30303 404/527-7175

646. Nancye Jayne Quarles Equifax Post Office Box 4081 Atlanta, Georgia 30302 404/885-8365

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

Albert Allgood Baldwin Barker Barnes
BBrroowunn oofff 4A46e7tthuh
BBuryrtaonnt
Coleman Crumbley Dawkins Deal Dean Echols

Edge English Engram Fincher Foster
Garner
HHianreris
HHuugdggiinnss
Kennedy Kidd Langford McGill McKenzie Newbill

Those not answering were Senators:

Olmstead Peevy Perry Ragan pay Scott of 2nd
ScS,choutmt aok,fe36th
^Stuarmr baugh
Tate Timmons Tolleson Turner Tysinger Walker

Coverdell Harrison

Howard Land

Phillips

The President announced that Senator Al Holloway of the 12th District died on Satur day, February 7, at his home in Albany, Georgia, and that his funeral will be held on Tues day, February 10, at 2:00 o'clock P.M. at St. Paul's Episcopal Church in Albany, Georgia.

Senator McGill of the 24th introduced the chaplain of the day, Reverend Albert Huyck, pastor of the First Baptist Church, Washington, Georgia, who offered scripture reading and prayer.

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JOURNAL OF THE SENATE

The following resolutions of the Senate were read and adopted.
SR 101. By Senators Peevy of the 48th and Phillips of the 9th: A resolution commending Mr. Stephen W. Spellman.
SR 102. By Senators Tolleson of the 32nd, Newbill of the 56th and Harrison of the 37th: A resolution commending King Springs Parents Teachers Association.
The following resolution of the Senate was read and put upon its adoption:
SR 103. By Senators Kennedy of the 4th and Allgood of the 22nd: A resolution relative to adjournment by the General Assembly at 5:00 o'clock P.M. on Monday, February 9, 1987, and to reconvene at 10:00 o'clock A.M. on Wednesday, February 11, 1987, for the purpose of attending the funeral of Hon orable Al W. Holloway, Senator from the 12th Senatorial District.
On the adoption of the resolution, the yeas were 29, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
Senator Harris of the 27th introduced General Cornelius Nugteren of Robins Air Force Base in Warner Robins, Georgia, who addressed the Senate.
Senator Langford of the 35th introduced Honorable Andrew Young, Mayor of the City of Atlanta.
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 Monday, February 9, 1987
TWENTIETH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are aifected by the legislation.)
HB 449 Foster, 50th Stephens County Provides for appointment of Stephens County School Superintendent by Board of Education of county; provides for school superintendent in office on January 1, 1987.
HB 453 Timmons, llth Mitchell County Provides that county school superintendent of county shall be appointed by vote of Board of Education to serve at the pleasure of the board.
HB 468 Gillis, 20th City of Vidalia Toombs County Amends Act creating a system of public schools for city; changes provisions relating to election of members of Board of Education.

MONDAY, FEBRUARY 9, 1987

425

HB 490 McGill, 24th City of Washington Wilkes County
Continues amendment creating Washington Wilkes Payroll Development Au thority as a constitutional authority and public corporation.

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 Bwen
nBrroanunno"ff 4,,6*th,. BBrroywannt of 47th
Burton Coleman Coverdell Deal Dean Echols

Edge English Fincher Foster
Garner Gillis
2H"oTM war.d, HMuudgggiinnss
Kennedy Kidd Land McGill Newbill Olmstead

Peevy Perry Ragan Ray
Scott of 2nd Scott of 36th
Shumake
S.tum,baugh,
late Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Crumbley Dawkins Engram

Harrison Mine Langford

McKenzie Phillips

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

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

SENATE RULES CALENDAR
Monday, February 9, 1987
TWENTIETH LEGISLATIVE DAY
SB 63 Adoption of Minor--information on birth parents (SUBSTITUTE) (HUM R-- 25th)
SB 173 Driver's License Suspension--disposition of twenty-five (25) cent fee for trans mitting reports (U&CA G--52nd)
SB 179 Quality Basic Education (QBE)--revisions (AMENDMENT) (ED--33rd) SB 183 Board of Commissioners Chairmen--minimum salary when working full time
(SUBSTITUTE) (AMENDMENT) (GOV OP--30th) SB 208 Probate Judge--jurisdiction in county matters (GOV OP-8th)

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SB 232 Educational Reinvestment Act for Aid to Families with Dependent Chil dren--provide (AMENDMENT) (HUM R--39th)
HB 127 Law Enforcement Officer Required to Attend Court--payment of fees (AMEND MENT) (PUB SAF--48th)
HB 160 Bicentennial License Plate--prohibit use after 1989 (TRANS--1st) HB 162 Common or Contract Carrier for Hire--fee for van-type vehicles (TRANS--1st) HB 185 Candidate Qualifying--deadline for certain fees and notices (GOV OP--25th) HB 188 Reducing Tax Execution for Local Taxes to Judgment--authority of tax commis
sioners (U&CA G--37th)
HB 265 Municipal Courts--try cases of shoplifting $100.00 or less (U&CA G--8th) HR 61 Joseph Wilson Smith Bridge--designate (TRANS--1st) HR 62 J. R. Alien Parkway--designate (TRANS--1st) HR 96 Homer Chance Highway--designate (TRANS--1st)
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 43. By Senator Barnes of the 33rd: A bill to amend Code Section 19-8-4 of the Official Code of Georgia Annotated, relating to surrender of parental rights and related proceedings in connection with adoptions, so as to provide clearly that a mother's affidavit regarding the putative father is not required in connection with her consent to her child's adoption by her husband; to provide an effective date.
The House substitute to SB 43 was as follows:
A BILL
To be entitled an Act to amend Code Section 19-8-4 of the Official Code of Georgia Annotated, relating to surrender of parental rights and related proceedings in connection with adoptions, so as to provide clearly that a mother's affidavit regarding the putative fa ther is not required in connection with her consent to her child's adoption by her husband; to provide that such an affidavit is not required in the case of certain stepparent adoptions; 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 19-8-4 of the Official Code of Georgia Annotated, relating to surrender of parental rights and related proceedings in connection with adoptions, is amended by striking that undesignated portion of paragraph (5) of subsection (c) which immediately precedes subparagraph (A) and which reads as follows:
"(5) Whenever the biological mother surrenders her parental rights or consents to her child's adoption by her husband, she shall execute an affidavit setting forth:",
and inserting in place thereof the following:
"(5) Whenever the biological mother surrenders her parental rights, she shall execute an affidavit regarding the putative father, except that such affidavit shall not be required when the mother surrenders to the present spouse of her former husband her parental rights to a child born in wedlock to herself and such former husband who is the legal and biologi cal father of her child. Such an affidavit shall set forth:".

MONDAY, FEBRUARY 9, 1987

427

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 43.

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
owen Brraonunnoonf, 4.,,o.t,n BBruorwtonn of 47th Coleman Coverdell Crumbley Deal Dean Echols Edge

English Engram Fincher Garner Gillis
Harris HTTine , ""uWdga.ms Huggms Kennedy Kidd Land Langford McGill Newbill

Olmstead Peevy Perry Ragan Ray
Scott of 2nd ,,S,cott o,f 36th ffhaurmr uake u Stumbaugh Tate Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Bryant Dawkins

Foster Harrison

McKenzie Phillips

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 43.

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

SB 63. By Senators Kidd of the 25th, Walker of the 43rd, Ray of the 19th and others:
A bill to amend Code Section 19-8-8 of the Official Code of Georgia Annotated, relating to the petition for adoption, so as to require the petitioner(s) or the at torney for the petitioner(s) in any proceeding for the adoption of a minor to pro vide the Department of Human Resources certain information regarding the birth parents of the minor sought to be adopted.

The Senate Committee on Human Resources offered the following substitute to SB 63:

A BILL
To be entitled an Act to amend Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, so as to require certain petitioners or their attorneys in any proceeding for the adoption of a minor to provide the Department of Human Resources or certain county departments of family and children services or certain licensed child-placing agencies certain information regarding the birth parents of the minor sought to be adopted; to provide for definitions; to authorize the Department of Human Resources, certain county

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departments of family and children services, or a licensed child-placing agency upon the written request of an adopted person who has reached 21 years of age or upon the request of an adoptive parent on behalf of that parent's adopted child under 21 years of age to release certain nonidentifying information regarding such adopted person's birth parents and infor mation regarding such adopted person's birth; to provide for the release of the identity of birth parents under certain conditions; to provide procedures for contacting birth parents of adopted persons and providing such birth parents with certain information; to authorize an adopted person to petition the Superior Court of Fulton County to seek the release of the identity of such adopted person's birth parents under certain circumstances; to provide for the court to grant the request for release of information regarding birth parents of an adopted person under certain circumstances; to authorize the Department of Human Re sources, certain county departments of family and children services, or a licensed childplacing agency upon the written request of an adopted person who has reached 21 years of age to attempt to identify and notify siblings of the adopted person; to provide for the release of other information relating to siblings under certain conditions; to provide for a registry for the recording of requests by adopted persons and the recording of consents and objections to disclosure by birth parents; to provide search fees; to provide that certain information is not required to be disclosed by the Department of Human Resources, certain county departments of family and children services, or a licensed child-placing agency; to provide for certain immunity; to provide for relieving certain child-placing agencies from certain responsibilities; to provide that this Act supersedes certain laws prohibiting the re lease of certain information; 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 the Official Code of Georgia Annotated, relating to adoption, is amended by adding at the end of Code Section 19-8-8, relating to the petition for adoption, a new subsection (g) to read as follows:
"(g) The petitioner or the attorney for the petitioner in any proceeding for the adoption of a minor shall, at the time of the filing of the adoption petition, provide to the Depart ment of Human Resources or the county department of family and children services through which a child is being placed for adoption, or the licensed child-placing agency through which the child is being placed for adoption, on forms furnished by the department certain information regarding the birth parents of the minor sought to be adopted. Such information shall include:
(1) The age, marital status, general occupation, education, and last-known address of both birth parents;
(2) A general physical description of both birth parents; and
(3) A description or testing of any significant physical or mental disease, disorder, con genital defect, or other health problem of either birth parent or of any member of their immediate families."
Section 2. Said chapter is further amended by adding at the end of Code Section 19-818, relating to where records of adoption are kept and the sealing of such records, a new subsection (f) to read as follows:
"(f) (1) For purposes of this subsection, the term:
(A) 'Commissioner' means the commissioner of the department or that person's designee.
(B) 'Department' means the Department of Human Resources or, when the Department of Human Resources so designates, the county department of family and children services which placed for adoption the person seeking or on whose behalf is sought information under this subsection.
(C) 'Licensed child-placing agency' means any child-placing agency licensed under Arti-

MONDAY, FEBRUARY 9, 1987

429

cle 1 of Chapter 5 of Title 49 to place children for adoption, which agency placed for adop tion the person seeking or on whose behalf is sought information under this subsection.
(2) The department or a licensed child-placing agency, upon the written request of an adopted person who has reached 21 years of age or upon the request of an adoptive parent on behalf of that parent's adopted child under 21 years of age, shall release to such adopted person or to the adoptive parent on the child's behalf nonidentifying information regarding such adopted person's birth parents and information regarding such adopted person's birth. Such information may include the date and place of birth of the adopted person and the genetic, social, and health history of the birth parents. No information released pursuant to this subsection shall include the name or address of either birth parent or the name or address of any relative by birth or marriage of the birth parent.
(3) (A) The department or a licensed child-placing agency upon written request of an adopted person who has reached 21 years of age shall release to such adopted person the name of such person's birth father or mother if:
(i) The birth parent whose name is released has submitted unrevoked written permis sion to the department or the licensed child-placing agency for the release of that parent's name to the adopted person;
(ii) The identity of the birth parent submitting permission for the release of that par ent's name has been verified by the department or the licensed child-placing agency; and
(iii) The department or the licensed child-placing agency has records pertaining to the finalized adoption and to the identity of the birth parent whose name is to be released.
(B) If a birth parent has not filed written unrevoked permission for the release of that parent's name to the adopted child, the department or a licensed child-placing agency, within six months of receipt of the written request of the adopted person who has reached 21 years of age, shall make complete and reasonable efforts to notify each parent identified in the original adoption proceedings or in other records of the department or the licensed child-placing agency relative to the adopted person. For purposes of this subparagraph, 'no tify' means a personal and confidential contact with the biological parents named on the original birth certificate of the adopted person. The contact shall not be by mail and shall be by an employee or agent of the licensed child-placing agency which processed the perti nent adoption or by other agents or employees of the department. The contact shall be evidenced by the person who notified each parent certifying to the department that each parent was given the following information:
(i) The nature of the information requested by the adopted child;
(ii) The date of the request of the adopted person;
(iii) The right of the birth parent to file within 60 days of receipt of the notice an affidavit with the licensed child-placing agency or the department stating that such parent's identity should not be disclosed;
(iv) The right of the birth parent to file a consent to disclosure with the licensed childplacing agency or the department at any time; and
(v) The effect of a failure of the birth parent to file either a consent to disclosure or an affidavit stating that the information in the original birth certificate or sealed adoption file should not be disclosed.
(C) If the birth parent files an unrevoked consent to the disclosure of that parent's identity, such person's name shall be released to the adopted child who has requested such information as authorized by this paragraph.
(D) If the birth parent files an affidavit objecting to the release of that parent's identity at any time within six months after the written request for such information is received or within 60 days after notice to such person of the request for such information, whichever occurs later, that information regarding the birth parent will not be released.
(E) (i) If the director of a licensed child-placing agency or the commissioner certifies

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that the licensed child-placing agency or department has been unable to notify a parent identified in the original adoption record within six months after receipt of the adopted person's written request and if neither identified birth parent has at any time filed an unrevoked consent to disclosure with the licensed child-placing agency or the department, the identity of the biological parents may only be disclosed as provided in division (ii) of this subparagraph.
(ii) The adopted person who has reached 21 years of age may petition the Superior Court of Fulton County to seek the release of the identity of that person's birth parents from the department or a licensed child-placing agency. The court shall grant the petition if the court finds that the department or a licensed child-placing agency has made diligent efforts to locate the biological parents pursuant to this paragraph without success and that failure to release the identity of the birth parents would have a serious adverse impact upon the physical, mental, or emotional health of the adopted person.
(F) Upon written request of an adopted person who has reached 21 years of age, the department or a licensed child-placing agency shall attempt to identify and to notify the siblings of the petitioning adopted person, if such siblings are at least 18 years of age. Upon locating the petitioner's sibling, the department or the licensed child-placing agency shall notify the sibling of the inquiry. Upon the written consent of the sibling, the department or the licensed child-placing agency shall forward the petitioner's name and address to the sibling and, upon further written consent of the sibling, shall divulge to the petitioner the present name and address of the sibling. If the sibling is deceased or cannot be identified or located, the department or the licensed child-placing agency shall notify the petitioner of such circumstances but shall not disclose any name or other information which would tend to identify the sibling.
(4) The Division of Family and Children Services Adoption Unit within the department shall maintain a registry for the recording of requests by adopted persons for the name of any birth parent, for the recording of the written consent or the written objections of the birth parent to the release of that parent's identity to an adopted person upon the adopted person's request, and for nonidentifying information regarding the birth parents which may be released pursuant to paragraph (2) of this subsection. The department and any licensed child-placing agency which receives such requests, consents, or objections shall file a copy thereof with that unit.
(5) The department or a licensed child-placing agency may charge a reasonable fee to be determined by the department for the cost of conducting any search pursuant to this subsection.
(6) Nothing in this subsection shall be construed to require the department or a li censed child-placing agency to disclose to any party at interest, including but not limited to an adopted person who has reached 21 years of age, any information which is not kept by the department or the licensed child-placing agency in its normal course of operations relat ing to adoption.
(7) Any department employee or employee of a licensed child-placing agency who re leases information or makes authorized contacts in good faith and in compliance with this subsection shall be immune from civil or criminal liability for such release of information or authorized contacts.
(8) Information authorized to be released pursuant to this subsection may be released under the conditions specified in this subsection notwithstanding any other provisions of law to the contrary.
(9) A licensed child-placing agency which demonstrates to the department by clear and convincing evidence that the requirement that such agency search for or notify birth parents or siblings under subparagraph (B) or (F) of paragraph (3) of this subsection will impose an undue hardship upon that agency shall be relieved from that responsibility, and the depart ment shall assume that responsibility upon such finding by the department of undue hard-

MONDAY, FEBRUARY 9, 1987

431

ship. The department's determination under this subsection shall be a contested case within the meaning of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'"
Section 3. This Act shall become effective only when the funds necessary to carry out its purposes are appropriated by the General Assembly or otherwise become available.
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 Allgood Barker Barnes Bowen Brannon Broun of 46th Brown of 47th Bryant Burton Coleman Crumbley Dawkins Dean Echols English

Engram Fincher Foster Garner Gillis Harris Hine Huggins Kennedy Kidd Land Langford McGill McKenzie Olmstead

Those voting in the negative were Senators:

Peevy Perry Phillips Ragan Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Timmons Tolleson Turner Walker

Baldwin

Edge

Coverdell

Those not voting were Senators:

Tysinger

Deal Harrison

Howard Hudgins

Newbill

On the passage of the bill, the yeas were 46, nays 4.

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

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

Mr. President:

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

SR 103. By Senators Kennedy of the 4th and Allgood of the 22nd: A resolution relative to adjournment.

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

SB 173. By Senator Mine of the 52nd:
A bill to amend Code Section 40-5-53 of the Official Code of Georgia Annotated, relating to transmission by courts to the Department of Public Safety of sus pended drivers' licenses and reports of traffic convictions, so as to provide that the twenty-five cents fee paid to court clerks for transmitting reports of traffic convictions shall, in cases where the clerk of court is compensated on a salary basis, be the property of the county or municipality operating the court unless expressly provided otherwise by local law.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes
Bowen Brannon Broun of 46th BBrroywannt of 47th Burton Coleman Coverdell Crumbley Dawkins Deal Dean

Edge English Engram Fincher Foster
Garner Gillis R. ,,. e Huggins Kennedy Kldd Land Langford McGill McKenzie

Newbill Olmstead Perry Phillips Ragan
Ray Scott of 2nd Scott of 36th S0 t, arr Stumbaugh Tate Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Echols Harrison

Howard Hudgins

Peevy Shumake

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

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

MONDAY, FEBRUARY 9, 1987

433

Senator Harris of the 27th introduced the doctor of the day, Dr. John Tripp, of Macon, Georgia.
Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair.
The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:
SB 179. By Senators Barnes of the 33rd, Dean of the 31st, McKenzie of the 14th and Foster of the 50th: A bill to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to revise and make editorial corrections; to specify age limits for enrollment in general and special education; to revise applicability of compulsory attendance; to revise administration of first grade readiness; to provide for maxi mum class sizes to be established by the State Board of Education.
The Senate Committee on Education offered the following amendment:
Amend SB 179 by adding on line 9 of page 11 after the word "pregnant" the following: "or who have reenrolled after dropping out one quarter or more." By adding on line 14 of page 11 after the word "program" the following: "; provided, further, that such programs of instruction are designed to enable such stu dents to earn course credit toward receiving high school diplomas".
By striking on line 5 of page 49 the word "plus" and inserting in lieu thereof the following:
"reduced by the total amount of general funds expended for capital outlay or trans ferred into an escrow account for capital outlay purposes for the most recent fiscal year such data is available and increased by".
By adding on line 7 of page 135 after the word "million" the following: ", adjusted annually to reflect the changes in the current annual construction cost data maintained by the Department of Education pursuant to paragraph (4) of subsection (c) of this Code section". By striking line 12 through line 16 of page 135 and inserting in lieu thereof the following: "million maximum authorization, adjusted as specified in this paragraph." By adding on line 26 of page 139 after the word "a" the following: "comprehensive". By striking from line 30 of page 139 the word "will" and inserting in lieu thereof the following: "funded under this subsection shall". By adding on line 21 of page 208 and on line 31 of page 208 and on line 4 of page 209 after the word "administration" the following: ", public libraries, and postsecondary area vocational-technical schools". By striking from line 25 of page 208 the following: "local units of administration", and inserting in lieu thereof the following: "these agencies".

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JOURNAL OF THE SENATE

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

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes
Bwen Brannon
Brown of 47th BBuryrtaonnt Coleman Coverdell Crumbley Dawkins Deal Dean Echols

Edge English Foster Gillis Harris
Hine Howard
Hdi H,,uggm. s Kidd Land Langford McGill McKenzie Newbill Olmstead

Peevy Perry Phillips Ragan Ray
Scott of 2nd Scott of 36th
Shumake S,,,tarr Stumbaugh Tate Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Broun of 46th Engram

Fincher Garner

Harrison Kennedy (presiding)

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

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

Senator Barnes of the 33rd moved that SB 179 be immediately transmitted to the House.

On the motion, the yeas were 31, nays 0; the motion prevailed, and SB 179 was immedi ately transmitted to the House.

SB 183. By Senators Garner of the 30th and Barnes of the 33rd:
A bill to amend Article 2 of Chapter 5 of Title 36 of the Official Code of Georgia Annotated, relating to government by a board of commissioners generally, so as to provide for a minimum annual salary for any chairman of a board of commis sioners who works full time in the supervision, direction, and control of the ad ministration of the affairs of a county; to provide for a greater annual salary.

The Senate Committee on Governmental Operations offered the following substitute to SB 183:

A BILL
To be entitled an Act to amend Article 2 of Chapter 5 of Title 36 of the Official Code of Georgia Annotated, relating to government by a board of commissioners generally, so as to

MONDAY, FEBRUARY 9, 1987

435

provide that in all counties having a population of less than 250,000 according to the United States decennial census of 1980 or any future such census a minimum annual salary shall be paid to any chairman of a board of commissioners who works full time in the supervision, direction, and control of the administration of the affairs of a county; to provide for a greater annual salary; to provide for expense allowances; to authorize such a chairman of the board of commissioners to elect to receive a salary of a lesser amount; to provide for effect with respect to an automobile allowance; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 5 of Title 36 of the Official Code of Georgia Annotated, relating to government by a board of commissioners generally, is amended by adding at the end thereof a new Code Section 36-5-26 to read as follows:
"36-5-26. (a) In all counties having a population of less than 250,000 according to the United States decennial census of 1980 or any future such census if the county government is administered by a board of commissioners and the chairman of the board of commission ers works full time in the supervision, direction, and control of the administration of the affairs of the county, such chairman of the board of commissioners shall be entitled to re ceive a minimum annual salary equal to the salary provided for the sheriff of any such county plus $1,000.00; provided, however, that a local law may provide for a greater annual salary than such minimum salary or may provide an expense allowance in addition to such minimum salary or in addition to such greater salary; provided, further, that any such chair man of a board of county commissioners may by resolution elect to receive a salary of lesser amount which is provided by a local law.
(b) The provisions of subsection (a) of this Code section shall not affect any automobile allowance provided for any such chairman of a board of county commissioners pursuant to local law."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senators Garner of the 30th and Turner of the 8th offered the following amendment:

Amend the substitute to SB 183 offered by the Senate Committee on Governmental Operations by adding on page 2, line 12, following the word "law." the following:
"And further providing that this section shall not apply to counties who have a full time county manager."

On the adoption of the amendment, the yeas were 37, nays 0, and the amendment was adopted.

On the adoption of the substitute, the yeas were 31, nays 0, and the substitute was adopted as amended.

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

Baldwin Barnes Broun of 46th DDeeaaln
Engram
Fincher

Foster Garner Hine HHuugdggiinnss
Kidd
Langford

Phillips Scott of 36th Shumake
btarr Tate Walker

436

JOURNAL OF THE SENATE

Those voting in the negative were Senators:

Albert Allgood Barker Bowen Brannon TBB- rroywannt ocf 4j r7-it,hi
Burton Coleman Coverdell
Crumbley

Dawkins Echols Edge English Gillis LH Taanrrdis
McGill McKenzie Newbill
Olmstead

Peevy Perry Ragan jjay s tt , ,, , O,,SC,tuULmL b, UalugZdh, lU
rimmons Tolleson Turner
Tysinger

Those not voting were Senators:

Harrison

Howard

Kennedy (presiding)

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

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

Senator Garner of the 30th gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating SB 183.

SB 208. By Senator Turner of the 8th:
A bill to amend Chapter 3 of Title 1 of the Official Code of Georgia Annotated, relating to laws and statutes, so as to change a definition; to amend Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, so as to delete certain provisions relating to the exercise of jurisdiction of the judge of the probate court in county matters; to continue the jurisdiction of the judge of the probate court in certain matters.

Senator Edge of the 28th offered the following amendment.

Amend SB 208 by deleting subsection (b) of Section 2 and inserting in lieu thereof the following:
"(b) If there is no such judge or if for some reason the judge of the city, or state court, as the case may be, cannot serve in the case, the senior judge of the Superior Court shall appoint a person to serve and exercise the jurisdiction of the judge of the probate court in the case.";
And further, by deleting subsection (c) of OCGA Section 15-9-13.

Senator Dawkins of the 45th offered the following amendment:

Amend the amendment offered by Senator Edge of the 28th to SB 208 by deleting the word "senior" and adding in lieu thereof the word "chief.

On the adoption of the amendment, the yeas were 30, nays 1, and the amendment was adopted.

On the adoption of the amendment offered by Senator Edge of the 28th, Senator Kidd of the 25th called for the yeas and nays; the call was sustained, and the vote was as follows:

MONDAY, FEBRUARY 9, 1987

437

Those voting in the affirmative were Senators:

Albert Baldwin Broun of 46th Burton Coverdell Crumbley

Dawkins Deal Edge Garner Mine Land

Newbill Phillips Starr Tolleson Tysinger Walker

Those voting in the negative were Senators:

Allgood Barker Barnes Bowen Brannon Brown of 47th Bryant Coleman Dean Echols English

Engram Fincher Foster Gillis Harris Howard Huggins Kidd Langford McGill McKenzie

Olmstead Peevy Perry Ragan Ray Scott of 36th Shumake Stumbaugh Tate Timmons Turner

Those not voting were Senators:

Harrison Hudgins

Kennedy (presiding)

Scott of 2nd

On the adoption of the amendment, the yeas were 18, nays 33, and the amendment offered by Senator Edge of the 28th was lost.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Brown of 47th Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols

Edge English Engram Fincher Foster Garner Gillis Harris Hine Howard Huggins Kidd Land Langford McGill Newbill Olmstead

Peevy Perry Phillips Ragan j^ay Scott of 2nd Scott of 36th
,,
^Sttau"mbaughu Tate Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Broun of 46th Harrison

Hudgins Kennedy

McKenzie

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JOURNAL OF THE SENATE

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

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

Senator Barnes of the 33rd gave notice that, at the proper time, he would move that the Senate reconsider its action previously today in passing the following bill of the Senate:

SB 173. By Senator Hine of the 52nd:
A bill to amend Code Section 40-5-53 of the Official Code of Georgia Annotated, relating to transmission by courts to the Department of Public Safety of sus pended drivers' licenses and reports of traffic convictions, so as to provide that the twenty-five cents fee paid to court clerks for transmitting reports of traffic convictions shall, in cases where the clerk of court is compensated on a salary basis, be the property of the county or municipality operating the court unless expressly provided otherwise by local law.

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

SB 232. By Senators Shumake of the 39th, Kidd of the 25th, Howard of the 42nd and others:
A bill to amend Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia Student Finance Authority, so as to provide for the investment for educational purposes of certain funds received by individuals through aid to families with dependent children; to provide for a short title; to provide for a statement of intent.

Senator Shumake of the 39th offered the following amendment:

Amend SB 232 by adding following line 33 of page 14 the following:
"(d) Notwithstanding the provisions of Code Section 20-3-487, a primary beneficiary shall be insured for death benefits as provided in subsections (a) through (c) of this Code section until reaching 18 years of age if the participating recipient enrolled in the program and continued to remain enrolled in the program for a total of not less than three years."

On the adoption of the amendment, the yeas were 34, nays 0, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

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

Coleman Coverdell Crumbley Deal Dean Echols Edge English Fincher Foster Gillis

Harris Hine Howard Hudgins Huggins Kidd Land McGill Newbill Olmstead Peevy

MONDAY, FEBRUARY 9, 1987

439

Perry Phillips Ragan Ray
Scott of 2nd

Scott of 36th Shumake Starr Stumbaugh
Tate

Tolleson Turner
Tysmger Walker

Those voting in the negative were Senators:

Dawkins Engram

Garner

Langford

Those not voting were Senators:

Harrison Kennedy (presiding)

McKenzie

Timmons

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

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

The President resumed the Chair.

HB 127. By Representative Wall of the 61st:
A bill to amend Article 2 of Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to subpoenas and notice to produce evidence, so as to pro vide for the payment of fees to certain law enforcement officers who are required by writ of subpoena to attend any court of this stale.
Senate Sponsor: Senator Peevy of the 48th.

The Senate Committee on Public Safety offered the following amendment:

Amend HB 127 by striking from Section 1, beginning on line 26 of page 3 and continu ing on to line 28 of page 3, the following:

"The dates of attendance shall be certified by the judge of the court attended.",
and inserting in lieu thereof the following:
"The dates of attendance shall be certified by the party obtaining the subpoena."
By striking from Section 1, beginning on line 1 of page 4 and continuing on to line 6, the following:
"No such officer may claim or receive more than one witness fee per day for attendance in any court regardless of the number of subpoenas which the officer may have received requiring him to appear in such court on any one day.",
and inserting in lieu thereof the following:
"The amount due shall be paid by the party obtaining the subpoena."

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

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

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

Those voting in the affirmative were Senators:

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JOURNAL OF THE SENATE

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

Echols Edge English Engram Fincher Foster Gillis Harris Hine Howard Huggins Kennedy Land Langford McGill McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan Ray Scott of 2nd Scott of 36th Shumake Starr Tate Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Garner Harrison

Hudgins Kidd

Stumbaugh

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

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

HB 160. By Representatives Jackson of the 9th, Crosby of the 150th and Barnett of the 10th:
A bill to amend Code Section 40-2-29 of the Official Code of Georgia Annotated, relating to seven-year and annual license plates, generally, so as to prohibit the validation and use of the special bicentennial license plate after 1989.
Senate Sponsor: Senator Coleman of the 1st.

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

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

Those voting in the affirmative were Senators:

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

Deal Dean Echols Edge English Engram Fincher Foster Gillis Harris Howard Hudgins Huggins Kennedy Land

Langford McGill McKenzie Newbill Olmstead Peevy Perry Phillips Ragan Ray Scott of 2nd Scott of 36th Shumake Starr Tate

MONDAY, FEBRUARY 9, 1987

441

Timmons Tolleson

Turner Tysinger

Walker

Those not voting were Senators:

Garner

Hine

Harrison

Kidd

Stumbaugh

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

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

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

HB 162. By Representatives Jackson of the 9th and Barnett of the 10th:
A bill to amend Code Section 48-10-2 of the Official Code of Georgia Annotated, relating to annual license fees for vehicles, so as to provide for a fee for van-type vehicles used as a common or contract carrier for hire.
Senate Sponsor: Senator Coleman of the 1st.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen B_B,,BBrrruooyrwuatonnnnt ooff 4467tthh,
Coleman Coverdell Crumbley Dawkins Deal Dean Echols

Edge English Engram Fincher Foster Garner GTHuHHIiioa.lnrlwiersia.srd
Hudgins Huggins Land Langford McGill McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan j^ay aoSc,,acc,hoouttttmtttt aonok,ftefeo02ocbn*dtAhu
^tarr Tate Timmons Tolleson Turner Tysinger Walker

Voting in the negative was Senator Brannon.

Those not voting were Senators:

Harrison

Kidd

Kennedy (presiding)

Stumbaugh

On the passage of the bill, the yeas were 50, nays 1.

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

The President resumed the Chair.

442

JOURNAL OF THE SENATE

The following communications from Lieutenant Governor Zell Miller, President of the Senate, were received and read by the Secretary:
OFFICE OF LIEUTENANT GOVERNOR 240 State Capitol
Atlanta, Georgia 30334
February 9, 1987
Honorable Hamilton McWhorter, Jr. Secretary of the Senate Room 353 State Capitol Atlanta, Georgia 30334
Dear Hamilton:
This is to inform you that I am appointing Senator Nathan Dean of the 31st district as Chairman of Rules Committee, Senator Ed Hine of the 52nd district as Vice Chairman and Carl Harrison of the 37th district as Secretary.
Sincerely, /s/ Zell Miller
OFFICE OF LIEUTENANT GOVERNOR 240 State Capitol
Atlanta, Georgia 30334
February 9, 1987
Honorable Hamilton McWhorter, Jr. Secretary of the Senate Room 353 State Capitol Atlanta, Georgia 30334
Dear Hamilton:
This is to inform you that I am appointing Senator Tom Allgood of the 22nd district as Vice Chairman of the Appropriations Committee and Senator Harrill Dawkins of the 45th district as Secretary. The Continuation Subcommittee will remain as is with nine members.
Sincerely, /s/ Zell Miller
Senator Allgood of the 22nd moved that the Senate stand in recess until 5:00 o'clock P.M. at which time the Senate would stand adjourned pursuant to SR 103, adopted previ ously, until 10:00 o'clock A.M. on Wednesday, February 11, and the motion prevailed.
At 12:33 o'clock P.M., the President announced that the Senate would stand in recess until 5:00 o'clock P.M. at which time the Senate would stand adjourned pursuant to SR 103, adopted previously, until 10:00 o'clock A.M. on Wednesday, February 11.

WEDNESDAY, FEBRUARY 11, 1987

443

Senate Chamber, Atlanta, Georgia Wednesday, February 11, 1987 Twenty-first Legislative Day

The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.
Senator Barker of the 18th reported that the Journal of the proceedings of Monday, February 9, had been read and found correct.
Senator Barnes of the 33rd moved that the Senate reconsider its action of February 9 in passing the following bill of the Senate:
SB 173. By Senator Hine of the 52nd: A bill to amend Code Section 40-5-53 of the Official Code of Georgia Annotated, relating to transmission by courts to the Department of Public Safety of sus pended drivers' licenses and reports of traffic convictions, so as to provide that the twenty-five cents fee paid to court clerks for transmitting reports of traffic convictions shall, in cases where the clerk of court is compensated on a salary basis, be the property of the county or municipality operating the court unless expressly provided otherwise by local law.
On the motion, the yeas were 31, nays 0; the motion prevailed, and SB 173 was recon sidered and placed at the foot of the Senate Rules Calendar for today.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 617. By Representative Smith of the 156th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the County of Mclntosh to increase the bonded indebtedness of said County of Mclntosh, for educational purposes and also for the purpose of paying off any indebtedness that now exists or may hereafter exist against the board of education of Mclntosh County.
HB 620. By Representatives Ramsey of the 155th and Smith of the 156th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Brunswick and Glynn County Development Authority.
HB 621. By Representatives Smith of the 16th, McKelvey of the 15th and Childers of the 15th: A bill to amend an Act creating a new charter for the City of Rome, so as to provide for an additional member of the board of education.

444

JOURNAL OF THE SENATE

HB 627. By Representatives Stephens of the 68th, Thurmond of the 67th, Clark of the 13th and Milford of the 13th:
A bill to provide that vehicles shall be registered and licensed to operate in Clarke County during designated registration periods as provided in Code Sec tion 40-2-20.1 of the Official Code of Georgia Annotated.
HB 628. By Representatives Buck of the 95th, Robinson of the 96th, Bishop of the 94th, Galer of the 97th, Moultrie of the 93rd and others:
A bill to amend an Act establishing the Municipal Court of Columbus, Georgia, so as to change the compensation of the clerk and marshal of the municipal court.
HB 630. By Representatives Groover of the 99th, Buford of the 103rd, Pinkston of the 100th, Lucas of the 102nd and Randall of the 101st:
A bill to amend an Act establishing the board of commissioners of Bibb County, so as to authorize the governing authority of Bibb County to lease, as lessor, certain property belonging to Bibb County.
HB 55. By Representative Robinson of the 58th:
A bill to amend Code Section 53-6-23 of the Official Code of Georgia Annotated, relating to residency requirements for administrators generally, so as to authorize aliens lawfully admitted to the United States for permanent residence to be made administrators under certain conditions.
HB 92. By Representative Couch of the 40th:
A bill to amend Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to penal institutions in general, so as to provide that if any inmate of any institution injures or contacts an officer or other person in such a manner as to present a possible threat of transmission of a communicable disease, then the warden, jailer, or other appropriate official may take all reasonable steps to de termine whether the inmate has a communicable disease.
HB 169. By Representatives Parham of the 105th, Parrish of the 109th, Cooper of the 20th, Atkins of the 21st and Twiggs of the 4th:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change the listing of certain controlled substances and dangerous drugs; to make certain activities illegal and provide penalties therefor.
HB 245. By Representatives Dunn of the 73rd, Ware of the 77th and Workman of the 51st:
A bill to amend Article 5 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to group self-insurance funds for workers' compensation, so as to change the definition of a municipality authorized to participate in a group workers' compensation self-insurance fund; to revise the provisions relating to excess insurance.
HB 246. By Representatives Dunn of the 73rd, Ware of the 77th and Workman of the 51st:
A bill to amend Chapter 85 of Title 36 of the Official Code of Georgia Annotated, relating to interlocal risk management agencies, so as to change certain defini tions and the use of certain terms; to revise the provisions relating to excess in surance; to provide that participation in an interlocal risk management agency by

WEDNESDAY, FEBRUARY 11, 1987

445

a municipality or county shall not constitute waiver of sovereign immunity, ex cept as specifically provided.
HB 302. By Representatives Galer of the 97th, Pannell of the 122nd, Robinson of the 96th and Bishop of the 94th:
A bill to amend Chapter 6 of Title 19 of the Official Code of Georgia Annotated, relating to alimony and child support, so as to provide for the method of service of process in proceedings to enforce grants of alimony and child support by at tachment for contempt; to provide that the motion and rule nisi shall be served by the clerk of court by mail together with a notice and acknowledgment of

HB 312. By Representative Ramsey of the 3rd:
A bill to amend Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center, so as to provide for the dissemination of criminal history records maintained by the center to private persons and businesses, public agencies, political subdivisions, authori ties, and instrumentalities, including state or federal licensing regulatory agencies or their designated representatives.
HB 354. By Representative Johnson of the 72nd:
A bill to amend Chapter 20 of Title 47 of the Official Code of Georgia Annotated, known as the "Public Retirement Systems Standards Law", so as to change the provisions relating to definitions; to provide for reduction in cost amendments to retirement bills having a fiscal impact.
HB 369. By Representatives Langford of the 7th, Groover of the 99th, Bishop of the 94th and Randall of the 101st:
A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to laws applicable to the General Assembly, so as to recognize certain constitutional principles; to provide for findings and to make declarations in con nection with such principles; to establish rights relative to the practice of law by lawyers holding certain public offices.
HB 432. By Representatives Clark of the 55th, Clark of the 13th, Richardson of the 52nd, Bannister of the 62nd, Lawrence of the 49th and others:
A bill to amend Chapter 44 of Title 43 of the Official Code of Georgia Annotated, relating to the State Board of Examiners for Speech Pathology and Audiology, so as to provide for the continuation of that board and the laws relating thereto but provide for the later termination of that board and repeal of such laws.
HB 450. By Representatives Buck of the 95th and Murphy of the 18th:
A bill to amend Subpart 5A of Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to North Georgia College military scholarships, so as to change the number of persons who shall be selected as scholarship recipients; to provide for selection of persons from congressional districts.
HB 497. By Representatives Randall of the 101st, Bishop of the 94th, Martin of the 26th and Bostick of the 138th:
A bill to amend Article 4 of Chapter 6 of Title 53 of the Official Code of Georgia Annotated, relating to county administrators, so as to provide that if the person to be appointed as county administrator is an active member of the State Bar of

446

JOURNAL OF THE SENATE

Georgia, such person need not be a county resident but only a resident of this state.
HB 508. By Representatives Ware of the 77th, Wood of the 9th, Workman of the 51st, Lawson of the 9th and Colbert of the 23rd:
A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance rates and rate making, so as to authorize the Commissioner of Insurance to approve property or casualty insurance rates, policies, or contracts prior to their use upon a determination that a lack of com petition or availability exists.
HB 538. By Representative Pettit of the 19th:
A bill to amend Code Section 36-9-3 of the Official Code of Georgia Annotated, relating to the procedures for the sale or disposition of county real property gen erally, so as to allow a private sale at fair market value of tracts of land contain ing less than 20,000 square feet; to provide for notice of intent to make such sales.
The following bills and resolution of the Senate were introduced, read the first time and referred to committees:
SB 290. By Senators McGill of the 24th, Ray of the 19th, Ragan of the 10th 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 declare certain activities to be agri cultural pursuits to be regulated by the Commissioner of Agriculture and the Department of Agriculture; to prohibit county boards of health and county de partments of health from promulgating or adopting certain rules, regulations, or ordinances. Referred to Committee on Agriculture.
SB 291. By Senators Foster of the 50th and Deal of the 49th:
A bill to amend Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to commissions and other agencies of the state government, so as to cre ate the Georgia Foreign Language Institute; to provide for the purposes of the institute; to provide for a governing board of the institute; to provide for the acceptance of gifts and grants for institute purposes. Referred to Committee on Education.
SB 292. By Senators Kennedy of the 4th, Barnes of the 33rd, Kidd of the 25th and Coleman of the 1st:
A bill to amend Chapter 33 of Title 43 of the Official Code of Georgia Annotated, known as the "Georgia Physical Therapy Act," so as to change the authority of the State Board of Physical Therapy to refuse to grant or restore a license to an applicant or to discipline a physical therapist assistant; to provide for a code of ethics and standards of practice. Referred to Committee on Governmental Operations.
SB 293. By Senator Baldwin of the 29th:
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 establishment of a Downtown LaGrange Development Authority; to provide the authority for this Act. Referred to Committee on Urban and County Affairs.

WEDNESDAY, FEBRUARY 11, 1987

447

SB 294, By Senator Baldwin of the 29th:
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 LaGrange to in crease its bonded indebtedness, in addition to the constitutional limitation under certain circumstances, for the purpose of purchasing, repairing, or building a wa terworks system; to provide the authority for this Act. Referred to Committee on Urban and County Affairs.
SB 295. By Senator Baldwin of the 29th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Hogansville Development Authority; to provide the authority for this Act.
Referred to Committee on Urban and County Affairs.
SB 296. By Senator Brannon of the 51st:
A bill to amend an Act placing the sheriff of Gilmer County on a salary in lieu of fees, as amended, so as to change the provisions relating to the sheriffs deputies; to provide for other personnel within the sheriffs office and their compensation; to provide for other matters relating to such personnel.
Referred to Committee on Urban and County Affairs.
SB 297. By Senator McKenzie of the 14th:
A bill to amend an Act providing for the board of commissioners of Taylor County, as amended, so as to change the description of certain commissioner districts. Referred to Committee on Urban and County Affairs.
SB 298. By Senator McKenzie of the 14th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the governing authority of Lee County, for regulatory and revenue purposes, to levy, assess, and collect li cense fees and occupational taxes on businesses within that portion of Lee County located outside of any incorporated municipalities; to provide the author ity for this Act. Referred to Committee on Urban and County Affairs.
SB 299. By Senator McKenzie of the 14th:
A bill to reincorporate and provide a new charter for the City of Marshallville in Macon County; to provide for the corporate limits of the city; to provide for the powers of the city; to provide for the form and method of government of the city; to provide for the administration of city affairs; to provide for the municipal court of the city; to provide for elections for city offices. Referred to Committee on Urban and County Affairs.
SR 106. By Senator Newbill of the 56th:
A resolution creating the North Fulton County Incorporation Study Commission.
Referred to Committee on Rules.

448

JOURNAL OF THE SENATE

The following bills of the House were read the first time and referred to committees:
HB 55. By Representative Robinson of the 58th:
A bill to amend Code Section 53-6-23 of the Official Code of Georgia Annotated, relating to residency requirements for administrators, generally, so as to author ize aliens lawfully admitted to the United States for permanent residence to be made administrators under certain conditions.
Referred to Committee on Special Judiciary.
HB 92. By Representative Couch of the 40th:
A bill to amend Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to penal institutions in general, so as to provide that if any inmate of any institution injures or contacts an officer or other person in such a manner as to present a possible threat of transmission of a communicable disease, then the warden, jailer, or other appropriate official may take all reasonable steps to de termine whether the inmate has a communicable disease. Referred to Committee on Corrections.
HB 169. By Representatives Parham of the 105th, Parrish of the 109th, Cooper of the 20th and others:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change the listing of certain controlled substances and dangerous drugs; to make certain activities illegal and provide penalties therefor.
Referred to Committee on Human Resources.
HB 245. By Representatives Dunn of the 73rd, Ware of the 77th and Workman of the 51st:
A bill to amend Article 5 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to group self-insurance funds for workers' compensation, so as to change the definition of a municipality authorized to participate in a group workers' compensation self-insurance fund; to revise the provisions relating to excess insurance.
Referred to Committee on Industry and Labor.
HB 246. By Representatives Dunn of the 73rd, Ware of the 77th and Workman of the 51st:
A bill to amend Chapter 85 of Title 36 of the Official Code of Georgia Annotated, relating to interlocal risk management agencies, so as to change certain defini tions and the use of certain terms; to revise the provisions relating to excess in surance; to provide that participation in an interlocal risk management agency by a municipality or county shall not constitute waiver of sovereign immunity, ex cept as specifically provided.
Referred to Committee on Insurance.
HB 302. By Representatives Galer of the 97th, Pannell of the 122nd, Robinson of the 96th and Bishop of the 94th:
A bill to amend Chapter 6 of Title 19 of the Official Code of Georgia Annotated, relating to alimony and child support, so as to provide for the method of service of process in proceedings to enforce grants of alimony and child support by at tachment for contempt; to provide that the motion and rule nisi shall be served

WEDNESDAY, FEBRUARY 11, 1987

449

by the clerk of court by mail together with a notice and acknowledgment of service. Referred to Committee on Judiciary.
HB 312. By Representative Ramsey of the 3rd:
A bill to amend Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center, so as to provide for the dissemination of criminal history records maintained by the center to private persons and businesses, public agencies, political subdivisions, authori ties, and instrumentalities, including state or federal licensing regulatory agencies or their designated representatives. Referred to Committee on Public Safety.
HB 354. By Representative Johnson of the 72nd:
A bill to amend Chapter 20 of Title 47 of the Official Code of Georgia Annotated, known as the "Public Retirement Systems Standards Law", so as to change the provisions relating to definitions; to provide for reduction in cost amendments to retirement bills having a fiscal impact. Referred to Committee on Retirement.
HB 369. By Representatives Langford of the 7th, Groover of the 99th, Bishop of the 94th and Randall of the 101st:
A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to laws applicable to the General Assembly, so as to recognize certain constitutional principles; to provide for findings and to make declarations in con nection with such principles; to establish rights relative to the practice of law by lawyers holding certain public offices. Referred to Committee on Governmental Operations.
HB 432. By Representatives Clark of the 55th, Clark of the 13th, Richardson of the 52nd and others:
A bill to amend Chapter 44 of Title 43 of the Official Code of Georgia Annotated, relating to the State Board of Examiners for Speech Pathology and Audiology, so as to provide for the continuation of that board and the laws relating thereto but provide for the later termination of that board and repeal of such laws. Referred to Committee on Human Resources.
HB 450. By Representatives Buck of the 95th and Murphy of the 18th:
A bill to amend Subpart 5A of Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to North Georgia College military scholarships, so as to change the number of persons who shall be selected as scholarship recipients; to provide for selection of persons from congressional districts. Referred to Committee on Higher Education.
HB 497. By Representatives Randall of the 101st, Bishop of the 94th, Martin of the 26th and Bostick of the 138th:
A bill to amend Article 4 of Chapter 6 of Title 53 of the Official Code of Georgia Annotated, relating to county administrators, so as to provide that if the person to be appointed as county administrator is an active member of the State Bar of Georgia, such person need not be a county resident but only a resident of this state. Referred to Committee on Special Judiciary.

450

JOURNAL OF THE SENATE

HB 508. By Representatives Ware of the 77th, Wood of the 9th, Workman of the 51st and others:
A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance rates and rate making, so as to authorize the Commissioner of Insurance to approve property or casualty insurance rates, policies, or contracts prior to their use upon a determination that a lack of com petition or availability exists. Referred to Committee on Insurance.
HB 538. By Representative Pettit of the 19th:
A bill to amend Code Section 36-9-3 of the Official Code of Georgia Annotated, relating to the procedures for the sale or disposition of county real property gen erally, so as to allow a private sale at fair market value of tracts of land contain ing less than 20,000 square feet; to provide for notice of intent to make such sales. Referred to Committee on Judiciary.
HB 617. By Representative Smith of the 156th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the County of Mclntosh to increase the bonded indebtedness of said County of Mclntosh, for educational purposes and also for the purpose of paying off any indebtedness that now exists or may hereafter exist against the board of education of Mclntosh County. Referred to Committee on Urban and County Affairs.
HB 620. By Representatives Ramsey of the 155th and Smith of the 156th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Brunswick and Glynn County Development Authority. Referred to Committee on Urban and County Affairs.
HB 621. By Representatives Smith of the 16th, McKelvey of the 15th and Childers of the 15th:
A bill to amend an Act creating a new charter for the City of Rome, so as to provide for an additional member of the board of education. Referred to Committee on Urban and County Affairs.
HB 627. By Representatives Stephens of the 68th, Thurmond of the 67th, Clark of the 13th and others:
A bill to provide that vehicles shall be registered and licensed to operate in Clarke County during designated registration periods as provided in Code Sec tion 40-2-20.1 of the Official Code of Georgia Annotated. Referred to Committee on Urban and County Affairs.
HB 628. By Representatives Buck of the 95th, Robinson of the 96th, Bishop of the 94th and others:
A bill to amend an Act establishing the Municipal Court of Columbus, Georgia, so as to change the compensation of the clerk and marshal of the municipal court. Referred to Committee on Urban and County Affairs.

WEDNESDAY, FEBRUARY 11, 1987

451

HB 630. By Representatives Groover of the 99th, Buford of the 103rd, Pinkston of the 100th and others:
A bill to amend an Act establishing the board of commissioners of Bibb County, so as to authorize the governing authority of Bibb County to lease, as lessor, certain property belonging to Bibb County.
Referred to Committee on Urban and County Affairs.

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

Mr. President:

The Committee on Children and Youth has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 236. Do pass by substitute. SB 259. Do pass. HB 203. Do pass.
Respectfully submitted,
Senator Barker of the 18th District, Chairman

Mr. President:

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

SB 40. Do pass by substitute.

SB 188. Do pass.

SB 132. Do pass by substitute.

SB 190. Do pass by substitute.

Respectfully submitted,

Senator Dawkins of the 45th District, Chairman

Mr. President:

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

SB 258. Do pass.

HB 28. Do pass.

HB 1. Do pass by substitute.

HB 182. Do pass.

HB 19. Do pass.

HB 183. Do pass.

HB 22. Do pass.

HB 271. Do pass.

HB 25. Do pass.

Respectfully submitted,

Senator Deal of the 49th District, Chairman

Mr. President:

The Committee on Public Safety has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 117. Do pass.

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SB 264. Do pass. HB 343. Do pass.

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

Mr. President:

The Committee on Special Judiciary has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 229. Do pass by substitute. SB 177. Do pass by substitute.
Respectfully submitted,
Senator Peevy of the 48th District, Chairman

The following communication was received and read by the Secretary:

February 11, 1987
We the undersigned members of the Senate Special Judiciary Committee do hereby exercise Rule 117, and file a minority report:
On February 9, 1987, SB 177 was passed out of Committee with a Do Pass by Substi tute. The undersigned object to the passing out of this bill because it was passed with no discussion and in haste.
/s/ Jim Tolleson
Is,/ Gene Walker

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

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 63. Do pass.

HB 380. Do pass as amended.

HB 67. Do pass.

HB 436. Do not pass.

HB 292. 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 276. Do pass. SB 277. Do pass.

HB 316. Do pass. HB 410. Do pass.

SB 279. Do pass. SB 280. Do pass.

HB 411. Do pass. HB 509. Do pass.

WEDNESDAY, FEBRUARY 11, 1987

453

HB 512. HB 513. HB 514. HB 531.

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

HB 535. Do pass. HB 536. Do pass. HB 537. Do pass. HB 502. Do pass. Respectfully submitted, Senator Turner of the 8th District, Chairman

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

SB 253. By Senators Langford of the 35th and Coverdell of the 40th:
A bill to amend Chapter 7 of Title 15 of the Official Code of Georgia Annotated, relating to state courts, so as to provide that the state court of any county of this state having a population of 550,000 or more according to the United States de cennial census of 1980 or any future such census may establish, maintain, and administer programs for the enhancement of the judicial system within such county.

SR 79. By Senators Stumbaugh of the 55th, Holloway of the 12th, Starr of the 44th and others:
A resolution to form the Joint House and Senate Government Competition with Private Enterprise Study Committee to identify and study governmental activi ties that may be in competition with the private sector and to study the desira bility of contracting out government services to the private sector.

HB 45. By Representatives Wall of the 61st, Bannister of the 62nd, Barnett of the 59th, Goodwin of the 63rd, Pittman of the 60th and others:
A bill to amend Code Section 36-82-7 of the Official Code of Georgia Annotated, relating to the authorized investments of bond proceeds, so as to authorize bond proceeds of bonds issued by any county, municipal corporation, school district, political subdivision, authority, or public body corporate to be placed for invest ment and reinvestment in the local government investment pool.

HB 225. By Representatives Murphy of the 18th, McDonald of the 12th, Smyre of the 92nd, Benefield of the 72nd, Lawson of the 9th and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 19861987 known as the "General Appropriations Act", so as to change certain appro priations for the State Fiscal Year 1986-1987.

Senator Allgood of the 22nd asked unanimous consent to dispense with the morning roll call due to the roll call machine being inoperative, and the consent was granted.

Senator Allgood of the 22nd asked unanimous consent to dispense with verification of the roll calls taken in the Senate today, and the consent was granted.

Senator Brannon of the 51st introduced the chaplain of the day, Dr. Bert Vaughn, pas tor of the First Baptist Church, Calhoun, Georgia, who offered scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 105. By Senator Peevy of the 48th:
A resolution honoring Allison Healan-Lawrence, 1986 Georgia Occupational Award of Leadership (GOAL) recipient.

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SR 107. By Senator Ragan of the 10th: A resolution recognizing Marlessa Ball, Miss Georgia, and inviting her to the Senate.
SR 108. By Senator Ragan of the 10th: A resolution commending Wight Nurseries, Inc.
SR 111. By Senator Phillips of the 9th: A resolution commending Mike Alcorn.
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 11, 1987
TWENTY-FIRST LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 276 Barnes, 33rd City of Powder Springs Cobb County Continues amendment creating Powder Springs Downtown Development Au thority; provides for a change in the membership of Powder Springs Down town Development Authority; provides for terms of membership.
SB 277 Deal, 49th Hall County Amends Act establishing State Court of county; changes terms of said court.
SB 279 Barnes, 33rd Harrison, 37th Tolleson, 32nd Newbill, 56th Cobb County Amends Act changing compensation of clerk of Superior Court, the sheriff, and the judge of Probate Court of county from fee system to salary system; changes compensation of judge of clerk of Probate Court.
SB 280 Barnes, 33rd Harrison, 37th Tolleson, 32nd Newbill, 56th Cobb County Amends Act creating State Court; changes compensation of solicitor, chief assistant solicitor, and the assistant solicitors.
HB 316 McGill, 24th McDuffie County Continues amendment providing for election of members of Board of Educa tion of county by people and providing that the board elect the County School Superintendent.

WEDNESDAY, FEBRUARY 11, 1987

455

HB 410 Coleman, 1st Scott, 2nd Bryant, 3rd City of Thunderbolt Chatham County
Amends Act creating new charter for city; abolishes office of clerk and ex officio treasurer.
HB 411 Coleman, 1st Scott, 2nd Bryant, 3rd City of Thunderbolt Chatham County
Amends Act creating new charter for city; changes maximum compensation of mayor and aldermen.
HB 509 Byant, 3rd Echols, 6th Glynn County
Continues amendment providing that general $2,000.00 homestead exemp tion shall not apply to taxes which are assessed and collected by the taxing authorities of county for the support and maintenance of education as recom mended by Glynn County Board of Education.
HB 512 Bryant, 3rd Echols, 6th Glynn County
Continues amendment authorizing governing authority of county to license and regulate businesses and persons in unincorporated area of county and to levy business license taxes or fees.
HB 513 Bryant, 3rd Echols, 6th Glynn County
Continues amendment authorizing governing authority of county or any mu nicipal corporation within county to provide for exemption from all ad valorem taxation by such governing authority of all tangible personal prop erty within county in transit.
HB 514 Bryant, 3rd Echols, 6th Glynn County
Continues amendment authorizing governing authority of county to authorize the sale of distilled spirits and alcoholic beverages in county by drink for consumption on premises during certain hours.
HB 531 McGill, 24th Oglethorpe County
Continues amendment authorizing General Assembly to provide by law for election of members of Board of Education of Oglethorpe County by people.

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HB 535 Broun, 46th City of Athens Clarke County
Continues amendment providing procedure where taxes other than ad valorem property taxes may be levied by county and city and provides for subsequent reduction of ad valorem taxes on real and personal property based upon the amount of funds received from such additional tax levied.

HB 536 Broun, 46th Clarke County
Continues amendment authorizing Board of Commissioners of county to pro vide by ordinance or resolution for creation of a merit system of employment and personnel administration for employees of county paid in whole or in part by county funds, other than elected and certain appointed officials.
HB 537 Broun, 46th Clarke County
Continues amendment providing that the governing authority of county may establish water, sanitation, sewerage, and fire protection districts in county and may levy taxes and issue bonds to operate, maintain, and administer such districts and systems.

HB 502 Edge, 28th City of Newnan Coweta County
Continues amendment which clarified and limited the powers of Board of Water, Sewerage, and Light Commission of city.
The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to.
On the passage of all the bills on the Senate Local Consent Calendar, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon BDBBrrrooywuannnt ooffc 44,.67^tt1hh. Burton Coleman
Coverdell Crumbley Deal Dean Echols

English Engram Fincher Foster Gillis Harris Harrison HuHHoiunwdegairndjs Huggins Kennedy
Kidd Land Langford McGill McKenzie

Newbill Olmstead Peevy Perry Phillips Ragan ^ 0S0Sccoo.tt.tt oofff,. 023,,_n6dt,h, btarr Stumbaugh
Tate Tolleson Turner Tysinger Walker

WEDNESDAY, FEBRUARY 11, 1987

457

Those not voting were Senators:

Dawkins Edge

Garner Shumake

Timmons

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

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

SENATE RULES CALENDAR Wednesday, February 11, 1987 TWENTY-FIRST LEGISLATIVE DAY

HB 185 Candidate Qualifying--deadline for certain fees and notices (GOV OP--25th)
HB 188 Reducing Tax Execution for Local Taxes to Judgment--authority of tax commis sioners (U&CA G--37th)
HB 265 Municipal Courts--try cases of shoplifting $100.00 or less (U&CA G--8th)
HR 61 Joseph Wilson Smith Bridge--designate (TRANS--1st)
HR 62 J. R. Alien Parkway--designate (TRANS--1st)
HR 96 Homer Chance Highway--designate (TRANS--1st)
SB 254 Domestic, Foreign Lender, Holding Company--may own credit card bank (B&F--15th)
SR 70 Joint Study Committee on Residential High School for the Arts--create (ED--52nd)
SB 24 Mentally 111, Alcoholic, Drug Dependent--disposition after hearings (SUBSTI TUTE) (HUM R--25th)
SB 86 Fulton County Board of Health--creation by ordinance (AMENDMENT) (RULES--35th)
SB 223 Probate Courts--change provisions on locations of offices (GOV OP--29th)
SB 170 Superior Court Clerks, Probate Court Judges, County Surveyor, Coroner--rilling vacancies (SUBSTITUTE) (GOV OP--25th)
SB 41 Employee Subpoenaed--unlawful for employer to discharge for absence (I&L--33rd)
SB 173 Driver's License Suspension--disposition of twenty-five (25) cent fee for trans mitting reports (U&CA G--52nd)

Respectfully submitted,
/s/ Nathan Dean Dean of the 31st, Chairman Senate Rules Committee

The following resolution of the Senate was read and adopted:

SR 110. By Senators Kennedy of the 4th, Allgood of the 22nd, Gillis of the 20th and others:
A resolution expressing tribute to Honorable Albert W. Holloway.

Lieutenant Governor Miller and the following Senators delivered eulogies in memory of the late Senator Al Holloway:

Senators Kennedy of the 4th, Gillis of the 20th, Starr of the 44th, Coverdell of the 40th, Broun of the 46th, Kidd of the 25th and Fincher of the 54th.

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

HB 185. By Representatives Bray of the 91st, Holmes of the 28th and Moultrie of the 93rd:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to change certain provisions relating to the deadline for transmis sion of certain qualifying fees to the superintendent of the county or the Secre tary of State; to change the provisions relating to the filing deadline for certain notices of candidacy.
Senate Sponsor: Senator Kidd of the 25th.

Senator Hine of the 52nd offered the following amendment:

Amend HB 185 by adding on line 2 of page 2 between "election;" and "to" the following:
"to authorize the sending and delivery of absentee ballot applications and absentee bal lots at the same time under certain circumstances;".
By inserting between lines 9 and 10 of page 15 the following:
"Section 11A. Said title is further amended by adding a new subsection immediately following subsection (a) of Code Section 21-2-381, relating to applications for absentee bal lots, to be designated subsection (a.l), to read as follows:
'(a.l) Notwithstanding any provision of this chapter to the contrary, the board of regis trars shall be authorized, upon a telephone request, request by mail, or request made in person by any absentee elector, to mail together an application for an official absentee ballot and the absentee ballot; provided, however, that such absentee ballot shall not be counted unless such application is completed and returned to the board of registrars not later than the time of returning such absentee ballot.'"

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, 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 Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell Crumbley Dawkins

Deal Dean Echols Edge English Engram Fincher Foster Garner Gillis Harris Harrison Hine Huggins Kennedy

Kidd Land Langford McGill McKenzie Newbill Olmstead Peevy Perry Phillips Ragan Ray Scott of 36th Shumake Starr

WEDNESDAY, FEBRUARY 11, 1987

459

Tate Tolleson

Turner Tysinger

Walker

Those not voting were Senators:

Howard Hudgins

Scott of 2nd Stumbaugh

Timmons

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

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

HB 188. By Representatives Isakson of the 21st, Pannell of the 122nd, Gresham of the 21st and Walker of the 115th:
A bill to amend Chapter 3 of Title 48 of the Official Code of Georgia Annotated, relating to tax executions, so as to provide that tax collectors and tax commis sioners may exercise the same authority and procedures for reducing a tax execu tion for local taxes to judgment as are available to the state revenue commis sioner; to provide that this authority shall exist in actions against residents and nonresidents.
Senate Sponsors: Senators Harrison of the 37th and Tolleson of the 32nd.

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

On the passage of the 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 ,,BBBrrrooywuannnt ooff,, 44.6_7t.th.h
Burton Coleman
Crumbley Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Garner Gillis Harris THHHIioa.nrweriasrodn
Hudgins Huggins
Kennedy Kidd Land Langford McGill McKenzie

Newbill Olmstead Peevy Perry Phillips Ragan j^ o?c,-,c,houttmtt aok,rfe3ooottnv,
tarr , Stumbaugh
Tate Timmons Tolleson Turner Tysinger Walker

Not voting were Senators Coverdell and Scott of the 2nd.

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

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

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HB 265. By Representatives Porter of the 119th, Thomas of the 69th, Jackson of the 9th, Coleman of the 118th and Lawson of the 9th:
A bill to amend Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to jurisdiction of municipal courts, so as to grant such courts jurisdiction to try and dispose of cases in which persons are charged with shoplifting any property valued at $100.00 or less; to provide for retention of fines and forfeitures.
Senate Sponsor: Senator Turner of the 8th.

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

On the passage of the 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
o Broun,of

English Engram Fincher Foster Garner
Gillis Harris

Burton Coleman Coverdell Crumbley Deal Dean Echols Edge

Hine Howard Hudgins Huggins Kennedy Kidd Land Langford McGill

McKenzie Newbill Olmstead Peevy Perry
Phillips Ragan
Scott of 2nd Scott of 36th Shumake Starr Tate Timmons Turner Tysinger Walker

Those not voting were Senators:

Dawkins

Stumbaugh

Tolleson

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

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

HR 61. By Representatives Buck of the 95th, Greene of the 130th, Galer of the 97th, Robinson of the 96th, Moultrie of the 93rd and others:
A resolution designating the Joseph Wilson Smith Bridge.
Senate Sponsors: Senators Coleman of the 1st and 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 Allgood

Barker Barnes

Bowen Brannon

WEDNESDAY, FEBRUARY 11, 1987

461

Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell Crumbley
t: a , ms
Dean Ejog English Engram Fincher Foster Garner

Gillis Harris Harrison Hine Howard Hudgins Huggins
Kennedy
Kidd Land Langford McGill McKenzie Newbill Olmstead

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

Those not voting were Senators:

Baldwin

Echols

Tolleson

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

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

HR 62. By Representatives Buck of the 95th, Robinson of the 96th, Moultrie of the 93rd, Bishop of the 94th, Galer of the 97th and others: A resolution designating the J. R. Alien Parkway.
Senate Sponsors: Senators Coleman of the 1st and Land of the 16th.
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 Broun of 46th Brown of 47th *ryni BCoulretomnan
Coverdell Crumbley Dawkins Deal Dean Echols

Edge English Engram Fincher Foster Garner Gillis Harris 2 arnson HHmoweard
Hudgins Huggins Kennedy Kidd Land Langford

McGill Newbill Olmstead Peevy Perry Phillips Ragan Scott of 2nd Scott of 36th S_,,humak. e
btarr Tate Tolleson Turner Tysinger Walker

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JOURNAL OF THE SENATE

Those not voting were Senators:

Bowen McKenzie

Ray Stumbaugh

Timmons

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

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

HR 96. By Representative Birdsong of the 104th:
A resolution designating that portion of State Highway 358 in Twiggs County between U.S. Highway 80 and State Highway 96 as the Homer Chance Highway.
Senate Sponsors: Senators Coleman of the 1st and Dean of the 31st.

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 tc
Broun of 46th
eTTt Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Garner Gillis Harris
Harrjson
HiM "oward Hudgms Huggms Kennedy Kidd Land Langford McGill McKenzie

Newbill Olmstead Peevy Perry Phillips Ragan Ray
Scott of 2nd
Scott of 36th Shumake Starr Stumbaugh Tate Timmons Tolleson Turner Tysinger Walker

On the adoption of the resolution, the yeas were 55, nays 0.

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

SB 254. By Senators Hudgins of the 15th, Holloway of the 12th, Fincher of the 54th and others:
A bill to amend Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, so as to authorize any domestic lender, foreign lender, or holding company to organize, own, and control a credit card bank subject to the approval of the commissioner of banking and finance; to provide for a short title; to define certain terms.

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

WEDNESDAY, FEBRUARY 11, 1987

463

Senator Land of the 16th moved that he be excused from voting on SB 254, stating that he had a personal interest in the results.

On the motion, the yeas were 37, nays 2; the motion prevailed, and Senator Land of the 16th was excused from voting on SB 254.

On the passage 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
Coverdell Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Garner Gillis Harris Harrison Hine Howard Hudgins
Huggins Kennedy Kidd Langford McGill McKenzie

Newbill Olmstead Perry Phillips Ragan Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh
Tate Timmons Tolleson Turner Tysinger Walker

Those voting in the negative were Senators:

Barker

Crumbley

Peevy

Not voting was Senator Land (excused).

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

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

Senator Hudgins of the 15th moved that SB 254 be immediately transmitted to the House.

On the motion, the yeas were 38, nays 0; the motion prevailed, and SB 254 was immedi ately transmitted to the House.

SR 70. By Senator Hine of the 52nd:
A resolution creating the Joint Study Committee on Residential High Schools for the Arts.

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

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JOURNAL OF THE SENATE

Brannon Broun of 46th Brown of 47th Bryant Burton Coverdell
re7 bley TJ Echols Edge English Engram Fincher Foster

Garner Gillis Harrison Hine Howard Huggins
Kennedy Kidd Land Langford McGill McKenzie Newbill Olmstead

Peevy Perry Phillips Ragan Ray Scott of 36th
Starr Stumbaugh Tate Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Coleman Dawkins

Harris Hudgins

Scott of 2nd Shumake

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

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

SB 24. By Senator Kidd of the 25th:
A bill to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to change the provisions regarding the disposition of men tally ill, alcoholic, or drug dependent individuals after judicial hearings; to change the provisions regarding noncompliance of mentally ill, alcoholic or drug dependent individuals with involuntary outpatient treatment.

The Senate Committee on Human Resources offered the following substitute to SB 24:

A BILL
To be entitled an Act to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to change the provisions regarding the disposition of men tally ill, alcoholic, or drug dependent individuals after judicial hearings; to change the provi sions regarding noncompliance of mentally ill, alcoholic or drug dependent individuals with involuntary outpatient treatment; to change the provisions regarding the discharge of men tally ill, alcoholic, or drug dependent individuals to involuntary outpatient treatment; 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 37 of the Official Code of Georgia Annotated, relating to mental health, is amended by striking paragraph (3) of subsection (a) of Code Section 37-3-81.1, regarding the disposition of mentally ill patients after judicial hearings, and inserting in its place the following:
"(3) That the patient is an outpatient who does not meet the requirements for dis charge under paragraph (2) of this subsection and:
(A) The patient has been admitted to either an evaluating or treatment facility and there received an evaluation within 45 days prior to the date of the hearing under this Code section, the court shall order that the patient be discharged; or
(B) The patient has not been admitted to either an evaluating or treatment facility and there received an evaluation within 45 days prior to the date of the hearing under this Code

WEDNESDAY, FEBRUARY 11, 1987

465

section, the court shall order that the patient be admitted to an evaluating facility, and this chapter shall thereafter apply to that patient as though that patient had been ordered by a court to be admitted to that facility pursuant to Code Section 37-3-62; or"
Section 2. Said title is further amended by striking Code Section 37-3-82, regarding noncompliance of mentally ill patients with the involuntary outpatient treatment plan, and inserting in its place a new Code section to read as follows:
"37-3-82. (a) If at any time during a period of involuntary outpatient treatment, includ ing but not limited to interim outpatient treatment arranged pursuant to subsection (b) of Code Section 37-3-91, the physician in charge of the patient's outpatient service plan deter mines that, because of a change in the patient's condition, the least restrictive alternative which would accomplish the treatment goals is hospitalization of the patient, then that phy sician may execute a certificate under the conditions specified in subsection (a) of Code Section 37-3-41. That certificate shall have the same duration and effect as a certificate issued pursuant to subsection (a) of Code Section 37-3-41.
(b) If at any time during a period of involuntary outpatient treatment, including but not limited to interim outpatient treatment arranged pursuant to subsection (b) of Code Section 37-3-91, the patient fails without good cause or refuses to comply with the outpa tient service plan, the physician in charge of the outpatient service plan or that physician's designee may petition the court originally approving the involuntary treatment of the pa tient or the court of the county in which the patient is a resident or where the patient may be found for an order authorizing a peace officer to take the patient and immediately deliver the patient to the community mental health center in charge of the patient's outpatient service plan, if a physician is available there to examine the patient, or to the nearest emer gency receiving facility serving the county in which the patient is found. If in the discretion of the court such an order is issued, the patient shall be delivered to the facility and may be given such emergency or other medical treatment as is indicated by good medical practice. The patient must be released from the custody of the community mental health center within four hours and from the custody of the emergency receiving facility within 48 hours after being taken into the custody of that center or facility unless the examining physician concludes that, because of a change in the patient's condition, the least restrictive alterna tive which would accomplish the treatment goals is hospitalization of the patient. That phy sician may then execute a certificate under the conditions specified therefor in subsection (a) of Code Section 37-3-41, if the examination is done in a community mental health center, or in Code Section 37-3-43, if the examination is done in an emergency receiving facility. That certificate shall have the same duration and effect as a certificate issued pur suant to subsection (a) of Code Section 37-3-41 or Code Section 37-3-43, as applicable.
(c) With regard to a patient required to obtain involuntary outpatient treatment, the court may issue any order authorized under subsection (b) of Code Section 37-3-41, but if the court knows that patient is required to obtain involuntary outpatient treatment, that court may issue such order only upon the court's determination, in addition to any other conditions for the issuance of that order, that such patient has not complied with the invol untary outpatient treatment or that the patient reasonably appears to be an inpatient.
(d) Any patient detained in a facility pursuant to this Code section shall not be re quired during that period of detention to obtain outpatient treatment required by any order which is then in effect and which was issued pursuant to this chapter. That order shall otherwise remain in full force and effect notwithstanding the patient's detention in or re lease from the facility unless that facility obtains a court order authorized by Code Section 37-3-81.1 which expressly supersedes the prior order."
Section 3. Said title is further amended by striking subsection (a) of Code Section 37-391, relating to the discharge of mentally ill patients to involuntary outpatient treatment, and inserting in its place the following:
"(a) A person who is in the physical custody of a community mental health center, emergency receiving facility, or evaluating facility and who is determined by a physician, at

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JOURNAL OF THE SENATE

or on behalf of that facility, to meet all of the outpatient treatment requirements 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 facility shall occur no later than the expiration of the five-day evaluation period established under Code Sec tion 37-3-64."
Section 4. Said title is further amended by adding at the end of said Code Section 37-391 the following subsection:
"(e) Notwithstanding the provisions of subsection (a) of this Code section, a patient detained in a treatment facility pursuant to a certificate and petition under Code Section 37-3-81, whether or not that patient is subsequently determined by that facility during the time of such detention to meet all of the outpatient treatment requirements of paragraphs (1), (2), and (3) of subsection (c) of Code Section 37-3-90, may not be discharged from that facility until a full and fair hearing is held pursuant to Code Section 37-3-81.1, which hear ing may not be waived by any patient so determined to meet all of such outpatient treat ment requirements."
Section 5. Said title is further amended by striking paragraph (3) of subsection (a) of Code Section 37-7-81.1, regarding the disposition of alcoholic or drug dependent individuals after judicial hearings, and inserting in its place the following:
"(3) That the patient is an outpatient who does not meet the requirements for dis charge under paragraph (2) of this subsection and:
(A) The patient has been admitted to either an evaluating or treatment facility and there received an evaluation within 45 days prior to the date of the hearing under this Code section, the court shall order that the patient be discharged; or
(B) The patient has not been admitted to either an evaluating or treatment facility and there received an evaluation within 45 days prior to the date of the hearing under this Code section, the court shall order that the patient be admitted to an evaluating facility, and this chapter shall thereafter apply to that patient as though that patient had been ordered by a court to be admitted to that facility pursuant to Code Section 37-7-62; or"
Section 6. Said title is further amended by striking Code Section 37-7-82, regarding noncompliance of alcoholic or drug dependent individuals with the involuntary outpatient treatment plan, and inserting in its place a new Code section to read as follows:
"37-7-82. (a) If at any time during a period of involuntary outpatient treatment, includ ing but not limited to interim outpatient treatment arranged pursuant to subsection (b) of Code Section 37-7-91, the physician in charge of the patient's outpatient treatment plan determines that, because of a change in the patient's condition, the least restrictive alterna tive which would accomplish the treatment goals is hospitalization of the patient, then that physician may execute a certificate under the conditions specified in subsection (a) of Code Section 37-7-41. That certificate shall have the same duration and effect as a certificate issued pursuant to subsection (a) of Code Section 37-7-41.
(b) If at any time during a period of involuntary outpatient treatment, including but not limited to interim outpatient treatment arranged pursuant to subsection (b) of Code Section 37-7-91, the patient fails without good cause or refuses to comply with the outpa tient treatment plan, the physician in charge of the outpatient treatment plan or that physi cian's designee may petition the court originally approving the involuntary treatment of the patient or the court of the county in which the patient is a resident or where the patient may be found for an order authorizing a peace officer to take the patient and immediately deliver the patient to the community mental health center in charge of the patient's outpa tient treatment plan, if a physician is available there to examine the patient, or to the near est emergency receiving facility serving the county in which the patient is found. If in the

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discretion of the court such an order is issued, the patient shall be delivered to the facility and may be given such emergency or other medical treatment as is indicated by good medi cal practice. The patient must be released from the custody of the community mental health center within four hours and from the custody of the emergency receiving facility within 48 hours after being taken into the custody of that center or facility unless the examining phy sician concludes that, because of a change in the patient's condition, the least restrictive alternative which would accomplish the treatment goals is hospitalization of the patient. That physician may then execute a certificate under the conditions specified therefor in subsection (a) of Code Section 37-7-41, if the examination is done in a community mental health center, or in Code Section 37-7-43, if the examination is done in an emergency receiv ing facility. That certificate shall have the same duration and effect as a certificate issued pursuant to subsection (a) of Code Section 37-7-41 or Code Section 37-7-43, as applicable.
(c) With regard to a patient required to obtain involuntary outpatient treatment, the court may issue any order authorized under subsection (b) of Code Section 37-7-41, but if the court knows that patient is required to obtain involuntary outpatient treatment, that court may issue such order only upon the court's determination, in addition to any other conditions for the issuance of that order, that such patient has not complied with the invol untary outpatient treatment or that the patient reasonably appears to be an inpatient.
(d) Any patient detained in a facility pursuant to this Code section shall not be re quired during that period of detention to obtain outpatient treatment required by any order which is then in effect and which was issued pursuant to this chapter. That order shall otherwise remain in full force and effect notwithstanding the patient's detention in or re lease from the facility unless that facility obtains a court order authorized by Code Section 37-7-81.1 which expressly supersedes the prior order."
Section 7. Said title is further amended by striking subsection (a) of Code Section 37-791, relating to the discharge of alcoholic or drug dependent individuals to involuntary out patient treatment, and inserting in its place the following:
"(a) A person who is in the physical custody of a community mental health center, emergency receiving facility, or evaluating facility and who is determined by a physician, at or on behalf of that facility, to meet all of the outpatient treatment requirements 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 facility shall occur no later than the five-day evaluation period established under Code Section 37-7-64."
Section 8. Said title is further amended by adding at the end of said Code Section 37-791 the following subsection:
"(e) Notwithstanding the provisions of subsection (a) of this Code section, a patient detained in a treatment facility pursuant to a certificate and petition under Code Section 37-7-81, whether or not that patient is subsequently determined by that facility during the time of such detention to meet all of the outpatient treatment requirements of paragraphs (1), (2), and (3) of subsection (c) of Code Section 37-7-90, may not be discharged from that facility until a full and fair hearing is held pursuant to Code Section 37-7-81.1, which hear ing may not be waived by any patient so determined to meet all of such outpatient treat ment requirements."
Section 9. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 10. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 30, nays 0, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

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

Dean Echols Edge English Engram Fincher Foster Garner Gillis Harrison Hine Muggins Kennedy Kidd McGill McKenzie

Newbill Olmstead Perry Phillips Ragan Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Harris Howard Hudgins

Land Langford

Peevy Shumake

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

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

Serving as doctor of the day today was Dr. Gene Kinard of Rossville, Georgia.

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

At 12:40 o'clock P.M., the President announced the Senate adjourned until 10:00 o'clock A.M. tommorrow.

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469

Senate Chamber, Atlanta, Georgia Thursday, February 12, 1987
Twenty-second Legislative Day
The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by Senator Kennedy of the 4th, President Pro Tempore.
Senator Garner of the 30th reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House and Senate:
HB 622. By Representative Smith of the 78th: A bill to amend an Act providing for the election of members of the Board of Education of Lamar County, so as to provide for the election of the five members of the board.
HB 629. By Representative Smith of the 78th: A bill to amend an Act creating a board of commissioners for Lamar County, so as to provide for a chairman and four other members of the board of commissioners.
HB 651. By Representatives Workman of the 51st, Robinson of the 58th, Childs of the 53rd, Alford of the 57th, Williams of the 48th and others: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the governing authority of DeKalb County to exempt from ad valorem property taxes levied by DeKalb County and the DeKalb County School System the value of certain improve ments to real property in DeKalb County and limiting the amount and duration of the exemption.
SB 226. By Senator Baldwin of the 29th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Troup County Development Authority; to provide the authority for this Act.
HB 309. By Representatives Buck of the 95th, Pinkston of the 100th, Hooks of the 116th, Adams of the 36th, Greer of the 39th and others: A bill to amend Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, known as the "Housing Authorities Law", so as to change certain definitions; to provide for a definition of private management agreement; to pro vide a clarification of certain powers of housing authorities; to provide for the sale of bonds by an authority on a negotiated basis under certain conditions.

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HB 641. By Representatives Reaves of the 147th, Royal of the 144th, Patten of the 149th, Hasty of the 8th, Sherrod of the 143th and others:
A bill to amend Article 1 of Chapter 4 of Title 4 of the Official Code of Georgia Annotated, relating to the control of infectious or contagious diseases in live stock, so as to provide for the control and prevention of diseases in poultry.
HB 344. By Representative Birdsong of the 104th:
A bill to amend Code Section 31-3-2 of the Official Code of Georgia Annotated, relating to membership of county boards of health, so as to change provisions relating to membership of health care professionals on county boards of health in certain counties.
SB 220. By Senator Hudgins of the 15th:
A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to add additional instances wherein the Department of Banking and Finance may waive or modify any requirement to publish a notice; to waive further registration pursuant to other provisions of law whenever any financial institution or other corporation domiciled outside this state is required to register with the department.
The House has adopted by the requisite constitutional majority the following resolu tions of the House:
HR 64. By Representatives Smyre of the 92nd, Mangum of the 57th, Benefield of the 72nd and Lawson of the 9th:
A resolution creating the Governor's Task Force on Adult Literacy.
HR 9. By Representatives Walker of the 115th, Murphy of the 18th, Coleman of the 118th, Connell of the 87th, McDonald of the 12th and others:
A resolution designating the new lodge and conference center at Little Ocmulgee State Park as the "L.L. (Pete) Phillips Conference Center".
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
SB 139. By Senator McKenzie of the 14th:
A bill to amend an Act providing for the election of the Board of Commissioners of Schley County, as amended, so as to provide for the election of the chairman and members of the Board of Commissioners of Schley County from districts; to describe the commissioner districts; to change the compensation of the chairman and members of the board of commissioners.
The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate:
SB 107. By Senators Gillis of the 20th, Barnes of the 33rd and Dean of the 31st:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to delete the reference to fees charged for hunting and fish ing in designated streams, lakes, or game management areas in Code Section 271-4; to increase the amount of license fees which may be retained by license agents.

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The House has passed by the requisite constitutional majority the following bills of the House:
HB 21. By Representatives Thomas of the 69th, Chambless of the 133rd and Waldrep of the 80th:
A bill to amend Part 3 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to rural telephone cooperatives, so as to provide that fees charged to a rural telephone cooperative by the clerk of superior court or the Secretary of State shall be the same as fees charged to other corporations for like services.
HB 328. By Representatives Walker of the 115th and Groover of the 99th:
A bill to amend Chapter 4 of Title 46 of the Official Code of Georgia Annotated, relating to distribution, storage, and sale of gas, so as to create the Municipal Gas Authority of Georgia as an institution of purely public charity performing an essential governmental function.
HB 383. By Representative Phillips of the 120th:
A bill to amend Chapter 19 of Title 43 of the Official Code of Georgia Annotated, known as the "Registration of Geologists Act of 1975", so as to change the provi sions relating to the State Board of Registration for Professional Geologists.
HB 466. By Representatives Colwell of the 4th, Hays of the 1st, Snow of the 1st, Dobbs of the 74th, Dover of the llth and others:
A bill to amend Code Section 16-11-131 of the Official Code of Georgia Anno tated, relating to the prohibition of possession of firearms by convicted felons, so as to prohibit any person who is on probation as a first offender from receiving, possessing, or transporting any firearm.
HB 488. By Representatives Ware of the 77th and Milam of the 81st:
A bill to amend Article 4 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to the location and procedure of probate courts, so as to per mit the judge of the probate court to keep his office at a designated place not more than two miles from the courthouse.
HB 557. By Representatives Wood of the 9th and Watson of the 114th:
A bill to amend Code Section 34-9-151 of the Official Code of Georgia Annotated, relating to definitions of terms regarding group self-insurance funds for workers' compensation benefits, so as to allow the employees of a trade or professional association to be covered under a group self-insurance fund established by the members of such association.
The House has adopted by the requisite constitutional majority the following resolu tions of the House:
HR 76. By Representatives Adams of the 79th, Herbert of the 76th and Mostiler of the 75th:
A resolution urging the United States Congress to adopt certain legislation relat ing to the Social Security Act.

472

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HR 92. By Representatives Childers of the 15th, Selman of the 32nd, Athon of the 57th, Hays of the 1st, Snow of the 1st and others:
A resolution urging the departments of state government and the State Person nel Board to adopt policies promoting the hiring of qualified, severely handi capped persons.
HR 133. By Representatives Crosby of the 150th and Dixon of the 151st:
A resolution authorizing the State of Georgia, acting by and through its State Properties Commission, to grant to the City of Waycross an easement upon and under certain real property owned by the State of Georgia in Ware County, Geor gia, for the construction, installation, operation, maintenance, repair and im provement of certain water service facilities.
The House has agreed to the Senate amendments to the following bills of the House:
HB 127. By Representative Wall of the 61st:
A bill to amend Article 2 of Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to subpoenas and notice to produce evidence, so as to pro vide for the payment of fees to certain law enforcement officers who are required by writ of subpoena to attend any court of this state.
HB 33. By Representatives Chambless of the 133rd, Thomas of the 69th, Waldrep of the 80th and Thompson of the 20th:
A bill to amend Code Section 17-3-1 of the Official Code of Georgia Annotated, relating to limitation periods for criminal prosecutions generally, so as to provide that prosecution for felonies committed against victims who are at the time of commission under the age of 14 years or who are incompetent must be com menced within ten years after the commission of the crime.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 300. By Senator Hudgins of the 15th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Insurance Code," so as to repeal the provision which authorizes a spouse to effectuate insurance upon the other spouse and the provision that an application for a family policy may be signed by either parent, by a stepparent, or by husband or wife. Referred to Committee on Insurance.
SB 301. By Senator Hudgins of the 15th:
A bill to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedure for sentencing and imposition of punishment generally, so as to provide that any person under the age of 17 years who is con victed of a felony and sentenced as an adult to life imprisonment or to a certain term of imprisonment shall be committed to the Division of Youth Services of the Department of Human Resources to serve such sentence until such person is 18 years of age. Referred to Committee on Children and Youth.
SB 302. By Senator Allgood of the 22nd:
A bill to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to change the provisions relat ing to indemnification of directors, officers, employees, or agents of certain corpo-

THURSDAY, FEBRUARY 12, 1987

473

rations; to provide for advancement of certain expenses; to provide for continua tion of indemnification and advancement of expenses.
Referred to Committee on Judiciary.
SB 303. By Senator Kennedy of the 4th:
A bill to provide for the composition of the Board of Education of Evans County and for the election of the members of said board; to provide for compensation and for filling vacancies; to provide for other matters relative to the foregoing; to provide for a referendum; to provide effective dates; to repeal a specific Act. Referred to Committee on Urban and County Affairs.
SB 304. By Senator Timmons of the llth:
A bill to amend Article 5 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement under the Employees' Retirement System of Georgia, so as to authorize creditable service for certain service as an employee of another state or territory of the United States or for certain service as an employee of a department or agency of the United States government. Referred to Committee on Retirement.
SB 305. By Senator Kidd of the 25th:
A bill to amend Code Section 15-9-63 of the Official Code of Georgia Annotated, relating to minimum salaries for judges of the probate courts, so as to change the provisions relating to minimum salaries for judges of the probate courts; to pro vide an effective date.
Referred to Committee on Governmental Operations.
SB 306. By Senators Stumbaugh of the 55th, Deal of the 49th, Shumake of the 39th and others:
A bill to amend Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Insurance Code," so as to provide for the establishment and regulation of risk retention groups and purchasing groups; to provide for legislative purpose; to provide definitions; to provide requirements which must be met by a risk re tention group prior to the offering of insurance in this state. Referred to Committee on Insurance.
SB 307. By Senators Deal of the 49th and Foster of the 50th:
A bill to amend Code Section 51-1-11 of the Official Code of Georgia Annotated, relating to when privity is and is not required to support certain contract and tort actions, so as to provide that in certain actions against manufacturers of personal property, punitive damages may not be awarded where a product com plied at the time of its manufacture with certain governmental standards or specifications.
Referred to Committee on Judiciary.
SB 308. By Senator Harrison of the 37th:
A bill to amend an Act creating a new charter for the City of Kennesaw, as amended, so as to change certain provisions relating to qualifications of candi dates for city elections. Referred to Committee on Urban and County Affairs.

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JOURNAL OF THE SENATE

SB 309. By Senators Coverdell of the 40th, Newbill of the 56th, Land of the 16th and others:
A bill to amend Code Section 21-5-3 of the Official Code of Georgia Annotated, relating to definitions under the "Ethics in Government Act," so as to change the provisions relating to the definition of a public officer; to provide an effective date. Referred to Committee on Governmental Operations.
SB 310. By Senator Scott of the 2nd:
A bill to amend Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to housing and building standards and requirements, so as to provide that it shall be unlawful for any person to sell a previously occupied single-family dwelling unless such seller provides to the buyer a certificate of structural sound ness or a statement that the residence does not qualify for such a certificate. Referred to Committee on Consumer Affairs.
SR 109. By Senator Kidd of the 25th:
A resolution creating the Joint Adoption Study Committee. Referred to Committee on Rules.
SR 114. By Senators Echols of the 6th, McGill of the 24th and Ragan of the 10th:
A resolution urging the Congress of the United States to enact legislation to per mit tobacco growers to purchase poundage allotments from the owners of fluecured tobacco allotments within their tobacco belt. Referred to Committee on Agriculture.
SR 117. By Senator Barker of the 18th:
A resolution designating the month of March, 1987, as "Parents Without Part ners Month". Referred to Committee on Rules.
The following bills and resolutions of the House were read the first time and referred to committees:
HB 21. By Representatives Thomas of the 69th, Chambless of the 133rd and Waldrep of the 80th:
A bill to amend Part 3 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to rural telephone cooperatives, so as to provide that fees charged to a rural telephone cooperative by the clerk of superior court or the Secretary of State shall be the same as fees charged to other corporations for like services. Referred to Committee on Public Utilities.
HB 309. By Representatives Buck of the 95th, Pinkston of the 100th, Adams of the 36th and others:
A bill to amend Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, known as the "Housing Authorities Law", so as to change certain definitions; to provide for a definition of private management agreement; to pro vide a clarification of certain powers of housing authorities; to provide for the sale of bonds by an authority on a negotiated basis under certain conditions. Referred to Committee on Industry and Labor.

THURSDAY, FEBRUARY 12, 1987

475

HB 328. By Representatives Walker of the 115th and Groover of the 99th:
A bill to amend Chapter 4 of Title 46 of the Official Code of Georgia Annotated, relating to distribution, storage, and sale of gas, so as to create the Municipal Gas Authority of Georgia as an institution of purely public charity performing an essential governmental function. Referred to Committee on Industry and Labor.
HB 344. By Representative Birdsong of the 104th:
A bill to amend Code Section 31-3-2 of the Official Code of Georgia Annotated, relating to membership of county boards of health, so as to change provisions relating to membership of health care professionals on county boards of health in certain counties. Referred to Committee on Human Resources.
HB 383. By Representative Phillips of the 120th:
A bill to amend Chapter 19 of Title 43 of the Official Code of Georgia Annotated, known as the "Registration of Geologists Act of 1975", so as to change the provi sions relating to the State Board of Registration for Professional Geologists. Referred to Committee on Natural Resources.
HB 466. By Representatives Colwell of the 4th, Hays of the 1st, Snow of the 1st and others:
A bill to amend Code Section 16-11-131 of the Official Code of Georgia Anno tated, relating to the prohibition of possession of firearms by convicted felons, so as to prohibit any person who is on probation as a first offender from receiving, possessing, or transporting any firearm. Referred to Committee on Corrections.
HB 488. By Representatives Ware of the 77th and Milam of the 81st:
A bill to amend Article 4 of Chapter 9 of Title 15 of the O.C.G.A., relating to the location and procedure of probate courts, so as to permit the judge of the probate court to keep his office at a designated place not more than two miles from the courthouse. Referred to Committee on Governmental Operations.
HB 557. By Representatives Wood of the 9th and Watson of the 114th:
A bill to amend Code Section 34-9-151 of the Official Code of Georgia Annotated, relating to definitions of terms regarding group self-insurance funds for workers' compensation benefits, so as to allow the employees of a trade or professional association to be covered under a group self-insurance fund established by the members of such association. Referred to Committee on Industry and Labor.
HB 641. By Representatives Reaves of the 147th, Royal of the 144th, Patten of the 149th and others:
A bill to amend Article 1 of Chapter 4 of Title 4 of the Official Code of Georgia Annotated, relating to the control of infectious or contagious diseases in live stock, so as to provide for the control and prevention of diseases in poultry. Referred to Committee on Agriculture.

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HR 9. By Representatives Walker of the 115th, Murphy of the 18th, Coleman of the 118th and others:
A resolution designating the new lodge and conference center at Little Ocmulgee State Park as the "L.L. (Pete) Phillips Conference Center". Referred to Committee on Natural Resources.
HR 64. By Representatives Smyre of the 92nd, Mangum of the 57th, Benefield of the 72nd and Lawson of the 9th:
A resolution creating the Governor's Task Force on Adult Literacy. Referred to Committee on Rules.
HR 76. By Representatives Adams of the 79th, Herbert of the 76th and Mostiler of the 75th:
Urging the United States Congress to adopt certain legislation relating to the Social Security Act. Referred to Committee on Rules.
HR 92. By Representatives Childers of the 15th, Selman of the 32nd, Athon of the 57th and others:
A resolution urging the departments of state government and the State Person nel Board to adopt policies promoting the hiring of qualified, severely handi capped persons. Referred to Committee on Human Resources.
HR 133. By Representatives Crosby of the 150th and Dixon of the 151st:
A resolution authorizing the State of Georgia, acting by and through its State Properties Commission, to grant to the City of Waycross an easement upon and under certain real property owned by the State of Georgia in Ware County, Geor gia, for the construction, installation, operation, maintenance, repair and im provement of certain water service facilities. Referred to Committee on Public Utilities.
HB 622. By Representative Smith of the 78th: A bill to amend an Act providing for the election of members of the Board of Education of Lamar County, so as to provide for the election of the five members of the board.
Referred to Committee on Urban and County Affairs.
HB 629. By Representative Smith of the 78th:
A bill to amend an Act creating a board of commissioners for Lamar County, so as to provide for a chairman and four other members of the board of commissioners. Referred to Committee on Urban and County Affairs.
HB 651. By Representatives Workman of the 51st, Robinson of the 58th, Childs of the 53rd and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the governing authority of DeKalb County to exempt from ad valorem property taxes levied by DeKalb County and the DeKalb County School System the value of certain improve-

THURSDAY, FEBRUARY 12, 1987

477

ments to real property in DeKalb County and limiting the amount and duration of the exemption. Referred to Committee on Urban and County Affairs.
The following communication from Lieutenant Governor Miller, President of the Sen ate, was received and read by the Secretary:
OFFICE OF LIEUTENANT GOVERNOR 240 STATE CAPITOL
ATLANTA, GEORGIA 30334 February 12, 1987
Mr. Hamilton McWhorter Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334
Dear Hamilton:
Effective immediately, I am creating a Subcommittee on Regulated Beverages under the standing Committee on Consumer Affairs and am appointing the following-named Sena tors to serve on this Subcommittee: Honorable David Scott, Chairman; Honorable Frank Albert and Honorable Arthur Langford.
Sincerely, /s/ Zell Miller
cc: Honorable Al Scott, Chairman, Senate Committee on Consumer Affairs Honorable Frank Albert Honorable Arthur Langford Honorable David Scott Mr. Paul Lynch, Legislative Fiscal Office
The following reports of standing committees were read by the Secretary:
Mr. President:
The Committee on Consumer Affairs has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 171. Do pass. SB 257. Do pass by substitute. SB 283. Do pass.
Respectfully submitted, Senator Scott of the 2nd District, Chairman
Mr. President:
The Committee on Economic Development and Tourism 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 267. Do pass. SB 268. Do pass.

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HB 20. Do pass by substitute. Respectfully submitted, Senator Broun of the 46th District, Chairman

Mr. President:

The Committee on Higher Education has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 310. Do pass.
Respectfully submitted,
Senator Fincher of the 54th District, Chairman

Mr. President:

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

SB 260. SB 286. HB 94.

Do pass.

HB 169.

Do pass.

SB 116.

Do pass as amended.

SB 180.

Respectfully submitted,

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

Senator Howard of the 42nd District, Chairman

Mr. President:

The Committee on Insurance has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 31. Do pass by substitute. HB 70. Do pass by substitute.
Respectfully submitted,
Senator Stumbaugh of the 55th District, Chairman

Mr. President:

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

SB 198. Do pass by substitute.

HB 304. Do pass.

SB 203. Do pass.

HB 338. Do pass.

HB 210. Do pass.

HB 377. Do pass.

HB 241. Do pass.

HB 398. Do pass.

HB 291. Do pass.

Respectfully submitted,

Senator Deal of the 49th, Chairman

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479

Mr. President:

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

HB 82. HB 326. HB 451.

Do pass. Do pass. Do pass.

SB 206. SR 104. HR 130.

Do pass. Do pass. Do pass.

HB 456. Do pass.

Respectfully submitted,

Senator Gillis of the 20th District, Chairman

Mr. President:

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

HB 154. Do pass.

HR 99. Do pass.

HR 55. Do pass.

HR 100. Do pass.

HR 60. Do pass.

HR 101. Do pass.

Respectfully submitted,

Senator Brown of the 47th District, Chairman

Mr. President:

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

SB 42. Do pass.

HB 30. Do pass.

SB 148. Do pass by substitute.

HB 44. Do pass.

SB 207. Do pass.

Respectfully submitted,

Senator Peevy of the 48th District, Chairman

Mr. President:

The Committee on Special Judiciary has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 233. Do pass.
Respectfully submitted,
Senator Peevy of the 48th District, Chairman

Mr. President:

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

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JOURNAL OF THE SENATE

HB 78. HB 386. HB 528. HB 533. HB 534. HB 570. HB 591.

Do pass as amended.

HB 592. Do pass.

Do pass as amended.

HB 593. Do pass.

Do pass.

HB 594. Do pass.

Do pass.

HB 595. Do pass.

Do pass.

HB 596. Do pass.

Do pass.

HB 597. Do pass.

Do pass.

Respectfully submitted,

Senator Turner of the 8th District, Chairman

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

SB 40. By Senator Barnes of the 33rd:
A bill to amend Code Section 34-9-1 of the Official Code of Georgia Annotated, relating to definitions concerning workers' compensation, so as to exclude from the definition of the term "employee" independent contractors who distribute or deliver newspapers; to thereby provide for the inapplicability of the workers' compensation law to such independent contractors.

SB 117. By Senator Foster of the 50th:
A bill to amend Code Section 40-5-27 of the Official Code of Georgia Annotated, relating to the examination of an applicant for a driver's license, so as to provide that an applicant born after a certain date must be able to read and write to the extent necessary to take a written test on the applicant's knowledge and under standing of traffic control devices, traffic laws, and safe driving practices.

SB 132. By Senator Dawkins of the 45th:
A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to provide for termination of depen dency of a partial dependent; to change the time limits within which an appeal may be taken to the board and within which an appeal may be taken to the superior court of a final award of the board.

SB 188. By Senator Dawkins of the 45th:
A bill to amend Part 2 of Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to the method of payment of certain workers' com pensation benefits, so as to provide that the authority of guardians of certain minors or incompetent claimants appointed by the State Board of Workers' Compensation shall be limited to the administration of such workers' compensa tion benefits and the settlement of workers' compensation claims.

SB 190. By Senator Dawkins of the 45th:
A bill to amend Chapter 2 of Title 34 of the Official Code of Georgia Annotated, relating to the Department of Labor, so as to provide that in connection with the maintenance of the office of the Department of Labor, the Commissioner is au thorized and empowered to lease or rent and to negotiate, execute, and adminis ter any necessary lease or rental agreement for office or other space in the cus tody of, but not occupied by, the Department of Labor.

SB 229. By Senators Allgood of the 22nd, Kennedy of the 4th and Barnes of the 33rd:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile court proceedings, so as to grant juvenile courts jurisdiction

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481

over proceedings concerning notice to a parent or guardian relative to an unemancipated minor's decision to seek an abortion; to provide for a short title; to provide for definitions.
SB 236. By Senators Starr of the 44th and Crumbley of the 17th:
A bill to amend Code Section 29-5-13 of the Official Code of Georgia Annotated, relating to compensation and expenses concerning guardianship hearings, so as to change the hearing fees for examining psychologists and physicians and for ap pointed attorneys; to change the provisions for awarding of certain additional fees.
SB 258. By Senator Engram of the 34th:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of judges of the superior courts, so as to add one addi tional judge of the superior courts of the Griffin Judicial Circuit; to provide for the appointment of the additional judge by the Governor; to provide for the elec tion of successors to the judge initially appointed.
SB 259. By Senators Engram of the 34th and Garner of the 30th:
A bill to amend Code Section 51-4-2 of the Official Code of Georgia Annotated, relating to persons who are entitled to bring actions for the wrongful death of a spouse or parent, so as to provide that a child or children may bring an action for the wrongful death of a parent under certain circumstances; to provide for prac tices and procedures; to provide for proceeds of such actions or settlements thereof.
SB 264. By Senators Langford of the 35th, Engram of the 34th and Scott of the 36th:
A bill to amend Article 2 of Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to subpoenas and notice to produce evidence, so as to pro vide witness fees for arson investigators; to provide an effective date.
HB 1. By Representatives Thomas of the 69th, Chambless of the 133rd, Waldrep of the 80th, Groover of the 99th, Porter of the 119th and others:
A bill to provide substantive and comprehensive civil justice reform affecting tort claims litigation; to provide a short title; to amend Article 4 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to medical malpractice ac tion limitations, so as to subject minors and incompetents to the article; 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 collateral sources shall be admissible.
HB 19. By Representatives Thomas of the 69th, Chambless of the 133rd and Waldrep of the 80th:
A bill to amend Article 1 of Chapter 2 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions applicable to the Supreme Court of Georgia, so as to provide that the Supreme Court shall consist of seven Justices.
HB 22. By Representatives Thomas of the 69th, Chambless of the 133rd and Waldrep of the 80th:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to declare unlawful the production of ma rijuana; to amend Code Section 36-32-6 of the Official Code of Georgia Anno tated, relating to the jurisdiction of municipal courts in marijuana possession

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cases, so as to provide that jurisdiction shall not extend to cases involving the production of marijuana.
HB 25. By Representatives Thomas of the 69th, Chambless of the 133rd and Waldrep of the 80th:
A bill to amend Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions applicable to superior courts, so as to provide that each judge of the superior courts shall be elected by the electors of the judicial circuit in which the judge is to serve.
HB 28. By Representatives Thomas of the 69th, Chambless of the 133rd and Waldrep of the 80th:
A bill to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to provide that superior court filing fees for articles of incorporation, amendments, restated articles, mergers or consolidations, dissolutions of business corporations, and dissolutions of non profit corporations shall be as provided in Code Section 15-6-77, relating to fees of clerks of superior courts.
HB 63. By Representatives Hooks of the 116th, Rainey of the 135th, Sizemore of the 136th, Couch of the 40th, Hanner of the 131st 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 provide for the issuance of special license plates to commemorate the founding of Georgia's Southwestern College.
HB 67. By Representatives Richardson of the 52nd, Childs of the 53rd, Williams of the 54th, Robinson of the 58th, Clark of the 55th 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 provide for special license plates to commemorate the centennial of the founding of Agnes Scott College.
HB 182. By Representatives Adams of the 79th, Heard of the 43rd, Mostiler of the 75th and Herbert of the 76th:
A bill to provide for an additional judge of the superior courts of the Griffin Judicial Circuit; to provide for the initial appointment and subsequent election of said additional judge.
HB 183. By Representatives Greer of the 39th and Walker of the 115th:
A bill to amend Chapter 12 of Title 15 of the Official Code of Georgia Annotated, so as to change the provisions relating to the compilation and revision of jury lists; to change the procedures relating thereto; to provide procedures for the selection of trial and grand jurors through both nonmechanical methods of selec tion and mechanical or electronic methods of selection.
HB 203. By Representatives Selman of the 32nd, Murphy of the 18th, Smith of the 16th, McKelvey of the 15th, Pannell of the 122nd and others:
A bill to amend Code Section 19-7-1 of the Official Code of Georgia Annotated, relating to parental powers and recovery for the homicide of a child, so as to provide that a judgment in a case of the homicide of a child awarded to parents who are divorced, separated, or living apart may be equitably apportioned be tween such parents; to provide for a motion for equitable division.

THURSDAY, FEBRUARY 12, 1987

483

HB 271. By Representatives Byrd of the 153rd, Smith of the 152nd, Dixon of the 151st, Moody of the 153rd and Smith of the 156th:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to numbers of judges of superior courts, so as to provide for a fourth judge of the superior courts of the Brunswick Judicial Circuit of Georgia; to pro vide for the appointment of the first such additional judge by the Governor.

HB 292. By Representative Watson of the 114th:
A bill to amend Code Section 46-1-1 of the Official Code of Georgia Annotated, relating to definitions applicable to Title 46, so as to change certain provisions relating to the definition of a motor common carrier and motor contract carrier; to change certain provisions relating to certain dump trucks or transit mixer vehicles.

HB 343. By Representative Colbert of the 23rd:
A bill to amend Code Section 16-11-127 of the Official Code of Georgia Anno tated, relating to the prohibition against carrying deadly weapons to public gath erings, so as to provide that magistrates may carry pistols in publicly owned or operated buildings.

HB 380. By Representative Adams of the 79th:
A bill 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 inspection.

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

Albert Allgood Baldwin Barker Bowen Brannon
BBCourvlretaomnntan
Crumbley Dawkins Deal Dean Echols Edge English

Engram Fincher Foster Garner Gillis Harris
H"...alnrreiso_,n
Howard Hudgins Huggins Kidd Land Langford McGill

Newbill Olmstead Peevy Phillips Ragan Ray
SS_,hcoutmt aok.fe2nd
Starr Stumbaugh Tate Timmons Tolleson Tysinger Walker

Those not answering were Senators:

Barnes Broun of 46th Brown of 47th

Coverdell Kennedy (presiding) McKenzie

Perry Scott of 36th Turner

Senator Edge of the 28th introduced the chaplain of the day, Father David Lovelace,

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pastor of St. Paul's Episcopal Church, Newnan, Georgia, who offered scripture reading and prayer.
The following resolutions of the Senate were read and adopted:
SR 112. By Senators Foster of the 50th and Deal of the 49th: A resolution commending the Georgia Recreation and Park Society, Inc.
SR 113. By Senators Harris of the 27th, Allgood of the 22nd, Walker of the 43rd and Broun of the 46th: A resolution commending Paul Grattan Kirk, Jr., Chairman of the Democratic National Committee.
SR 115. By Senator Barnes of the 33rd: A resolution commending the Osborne High School Baseball Team.
SR 116. By Senator McGill of the 24th: A resolution commending the Washington-Wilkes High School football team.
SR 118. By Senator Ray of the 19th: A resolution commending Donna Peacock.
SR 121. By Senator Turner of the 8th: A resolution commending the Cook County Middle School.
The President assumed the Chair.
Senator Stumbaugh of the 55th moved that the following bill of the House be with drawn from the Senate Committee on Industry and Labor and committed to the Senate Committee on Insurance:
HB 245. By Representatives Dunn of the 73rd, Ware of the 77th and Workman of the 51st: A bill to amend Article 5 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to group self-insurance funds for workers' compensation, so as to change the definition of a municipality authorized to participate in a group workers' compensation self-insurance fund; to revise the provisions relating to excess insurance.
On the motion, the yeas were 35, nays 0; the motion prevailed, and HB 245 was with drawn from the Senate Committee on Industry and Labor and committed to the Senate Committee on Insurance.
The following local, uncontested bills of the House, favorably reported by the commit tee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR Thursday, February 12, 1987
TWENTY-SECOND LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.)

THURSDAY, FEBRUARY 12, 1987

485

"HB 78 Coleman, 1st Scott, 2nd Bryant, 3rd Chatham County
Amends Act providing for compensation of certain officials in county; changes compensation of certain officials. (AMENDMENT)
*HB 386 Kidd, 25th Jones County
Amends Act providing for appointment of chief magistrate and other magis trates of Magistrate Court of county; provides that judge of Probate Court of county shall serve as chief magistrate of Magistrate Court. (AMENDMENT)
HB 528 Ray, 19th Pulaski County
Continues amendment providing for election of members of Board of Educa tion of county from education districts.
HB 533 Fincher, 54th Murray County
Continues amendment relating to Board of Education of county proposed by House Resolution No. 167-526A, Resolution Act No. 62, adopted at the 1957 session of the General Assembly.
HB 534 Fincher, 54th Murray County
Provides for continued existence heretofore existing Board of Education; pro vides for election of successor to the at-large member of said Board.
HB 570 Perry, 7th City of Waycross Ware County
Continues amendment which authorized City of Waycross to use funds raised from levy of its industrial tax to assist, promote, and encourage location of industry in county as well as in city. HB 591 Garner, 30th Engram, 34th City of Douglasville Douglas County
Continues amendment which relates to creating Douglasville-Douglas County Stadium Authority.
HB 592 Garner, 30th Engram, 34th Douglas County
Continues amendment which relates to providing for election of members of Board of Education of County and prescribing procedures connected there with.
HB 593 Garner, 30th Engram, 34th Douglas County
Continues amendment which relates to authorizing governing authority of

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county to license, police, and regulate businesses, to adopt and enact ordi nances, and to provide penalties.
HB 594 Garner, 30th Engram, 34th Douglas County Continues amendment which relates to providing that the General Assembly may authorize and provide for a civil service system and a retirement system for all present and future officers and employees of county and for proce dures connected therewith.
HB 595 Garner, 30th Engram, 34th Douglas County Continues amendment which relates to authorizing governing authority of county to establish water, sanitation, sewerage, and fire protection districts and systems and to levy taxes and issue bonds and revenue bonds to operate, maintain, and administer such districts and systems.
HB 596 Garner, 30th Engram, 34th Douglas County Continues amendment which relates to providing for the recall of the clerk of Superior Court, the judge of Probate Court, the sheriff, the tax commissioner, and the coroner of county or members of Board of Education of county.
HB 597 Garner, 30th Engram, 34th Douglas County Continues amendment which relates to providing for issuance of bonds for road purposes in county not to exceed ten percent of assessed value of taxa ble property in county.
The amendments to the following bills were put upon their adoption:
*HB 78:
The Senate Committee on Urban and County Affairs offered the following amendment:
Amend HB 78 by striking from line 24 of page 1 the following: "50,000.00", and inserting in lieu thereof the following: "44,100.00".
On the adoption of the amendment, the yeas were 50, nays 0, and the amendment was adopted.
*HB 386:
The Senate Committee on Urban and County Affairs offered the following amendment:
Amend HB 386 by striking from Section 3 on line 17 of page 2 the following: "$8,755.00",

THURSDAY, FEBRUARY 12, 1987

487

and inserting in lieu thereof the following: "$10,000.00".

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 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 Coleman Coverdell Crumbley Dawkins Deal Dean Echols

Edge English Engram Fincher Foster Garner Gillis Harris Harrison Hine Howard Hudgins Huggins Kennedy Kidd Land Langford

McGill McKenzie Newbill Perry Phillips Ragan Ray Scott of 2nd Scott of 36th Starr Tate Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Barker Olmstead

Peevy Shumake

Stumbaugh

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

All the bills on the Senate Local Consent Calendar, except HB 78 and HB 386, having received the requisite constitutional majority, were passed.

HB 78 and HB 386, having received the requisite constitutional majority, were passed as amended.

Senator Dawkins of the 45th introduced the doctor of the day, Dr. Stephen Boyle, of Conyers, Georgia.

SENATE RULES CALENDAR
Thursday, February 12, 1987 TWENTY-SECOND LEGISLATIVE DAY SB 86 Fulton County Board of Health--creation by ordinance (AMENDMENT) (RULES--35th) SB 223 Probate Courts--change provisions on locations of offices (GOV OP--29th)

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HB 225 Amended General Appropriations--remainder of 1987 (SUBSTITUTE) (APPROP--44th)
SB 216 Regional Interstate Banking--include Maryland, District of Columbia as South ern Region States (B&F--25th)
SB 170 Superior Court Clerks, Probate Court Judges, County Surveyor, Coroner--filling vacancies (SUBSTITUTE) (GOV OP--25th)
SB 41 Employee Subpoenaed--unlawful for employer to discharge for absence (AMENDMENT) (I&L--33rd)
SB 173 Driver's License Suspension--disposition of twenty-five (25) cent fee for trans mitting reports (AMENDMENT) (U&CA G--52nd)
HB 11 Employment Security--administrative offset on wages of certain employers (I&L--28th)
SR 22 Investigative Grand and Trial Juries in Judicial Circuits--provide for (SUBSTI TUTE) (S JUDY--33rd)
SR 79 Joint House, Senate Government Competition with Private Enterprise Study Committee--form (APPROP--55th)
SB 98 Dentures--mark with name or social security number (HUM R--50th)
SB 182 Public Officers, Employees Performing Military Duty--pay (D&VA--3rd)
SB 99 Proceedings on Petition Challenging Death Sentence Legality--transferral (SUB STITUTE) (S JUDY--17th)
SB 119 Evasion or Attempted Evasion of Tax, Fee, Penalty under Title 48--criminal penalty (SUBSTITUTE) (S JUDY--33rd)
SB 140 Torts Claim Against Those Identifying Manufacturer of Product Causing In jury--no liability (S JUDY--33rd)
SB 151 Littering--change provisions on penalties (SUBSTITUTE) (JUDY--44th)
HB 125 Dentists--provide for use of conscious sedation (HUM R--42nd)
SB 189 Governmental Office--provisions on receiving funds to enforce penal laws (S JUDY--45th)
HB 121 Certain Materials with Information from Tax Assessors Board--not confidential (S JUDY--48th)
Respectfully submitted,
/s/ Nathan Dean Dean of the 31st, Chairman Senate Rules Committee
The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:
SB 86. By Senators Langford of the 35th, Coverdell of the 40th, Scott of the 36th 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 the creation of a county board of health by ordinance in all counties of this state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census.
The following Fiscal Note, as required by law, was read by the Secretary:

THURSDAY, FEBRUARY 12, 1987

489

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

MEMORANDUM

TO:

The Honorable Al Holloway, Chairman

Senate Rules Committee

FROM:

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

DATE:

February 2, 1987

SUBJECT: Fiscal Note--Senate Bill 86 (LC 11 6071) Authority County Board of Health by Ordinance

This Bill would authorize counties with a population of 550,000 or more to create a county board of health by ordinance. The Bill also identifies the membership and powers of the board. In addition, employees of the county board and department of health would be made members of the State Employees' Health Insurance Plan as of July 1, 1987. The em ployer and employee contributions required for participation in the health insurance plan are to be based on the state funds provided for the compensation of these employees and any county salary supplements should not be considered. The employer contributions are to be paid from state funds and employee contributions would be withheld from the em ployee's compensation.

The total cost of employer health insurance contributions for the employees affected by this Bill would be approximately $1,275,000. These provisions would apply exclusively to Fulton County Health Department employees.

M G.W. Hogan State Auditor

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

The Senate Committee on Rules offered the following amendment:

Amend SB 86 by striking lines 19 and 20 of page 1 and inserting in their place the following:
"health, is amended by striking Code Section 31-3-2.1, relating to boards of health in counties having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census, and inserting in its place a new Code section to read as".

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 Bowen Brannon Brown of 47th

Bryant Burton Coleman Coverdell Crumbley Dawkins

Deal Dean Echols Edge English Engram

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Fincher Foster Garner
gillis Harris HHianrerison Howard Hudgins Huggins Kennedy

Kidd Land Langford
McGi11 McKenzie NOelmwsbtiellad Perry Ragan Ray Scott of 2nd

Scott of 36th Shumake Starr
Stumbaugh rp . _T,..mmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Barker Barnes

Broun of 46th Peevy

Phillips

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

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

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

Mr. President:

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

HB 399. By Representatives Triplett of the 128th, Jackson of the 9th, Holcomb of the 72nd and Birdsong of the 104th:
A bill to amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to the uniform rules of the road, so as to make it unlawful for trucks equipped with more than six wheels to operate in certain lanes on certain high ways; to make it unlawful for persons to impede normal traffic flow.

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

HB 399. By Representatives Triplett of the 128th, Jackson of the 9th, Holcomb of the 72nd and Birdsong of the 104th:
A bill to amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to the uniform rules of the road, so as to make it unlawful for trucks equipped with more than six wheels to operate in certain lanes on certain high ways; to make it unlawful for persons to impede normal traffic flow.
Referred to Committee on Transportation.

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

SB 223. By Senator Baldwin of the 29th:
A bill to amend Article 4 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to times, places, and procedures relating to probate courts, so as to change certain provisions relating to the location of the office of the judge of the probate court; to provide an effective date.

THURSDAY, FEBRUARY 12, 1987

491

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

On the passage of the 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
Brown of 47th

Engram Foster Garner Gillis Harris Harrison
Hme

Burton CCoolveemrdaenll
Crumbley Dawkins Deal Echols Edge English

Hudgms KMeungngeindsy
Kidd Land Langford McGill McKenzie Newbill

Peevy Perry Phillips Ragan Rav
Scott of 2nd SSccootttt ooff 336th S^ humake S^tuarmr b, augh,
Tate Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Brannon Broun of 46th

Dean Fincher

Olmstead

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

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

HB 225. By Representatives Murphy of the 18th, McDonald of the 12th, Smyre of the 92nd, Benefield of the 72nd, Lawson of the 9th and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 19861987 known as the "General Appropriations Act", so as to change certain appro priations for the State Fiscal Year 1986-1987.
Senate Sponsor: Senator Starr of the 44th.

The Senate Committee on Appropriations offered the following substitute to HB 225:

A BILL
To be entitled an Act to amend an Act providing appropriations for the State Fiscal Year 1986-1987 known as the "General Appropriations Act", approved April 11, 1986 (Ga. L. 1986, p. 1337), so as to change certain appropriations for the State Fiscal Year 1986-1987; to make language and other changes; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing appropriations for the State Fiscal Year 1986-1987, known as the "General Appropriations Act," approved April 11, 1986 (Ga. L. 1986, p. 1337), is amended by striking everything following the enacting clause through Section 95, and by substituting in lieu thereof the following:

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"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, including unappropriated surplus, reserves 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 Purchases...................... Publications and Printing ..................... Equipment Purchases ........................ Computer Charges ........................... Real Estate Rentals .......................... Telecommunications Per Diem, Fees and Contracts--Staff Per Diem, Fees and Contracts--Elected Officials Postage ..................................... Photography ................................. Expense Reimbursement Account.............. Capital Outlay Total Funds Budgeted State Funds Budgeted ........................

$18,379,076 . $8,267,607 . $3,094,775 . $1,348,372
$98,800 . . . . . $5,000 ........ $0
$412,100 . . . $363,000
$406,500 $64,974 $595,200 $342,581 $2,018,067 $141,300 . . . . $71,000 . $1,132,800 $17,000 $18,379,076 $18,379,076

Senate Functional Budgets

Senate and Research Office Lt. Governor's Office
Secretary of the Senate's Office
Total

Total Funds 3,404,555 482,229
1,030,210 4,916,994

State Funds

$ 3,404,555

$

482,229

$ 1,030,210 $ 4,916,994

House Functional Budgets

House of Representatives and Research Office
Speaker of the House's Office
Clerk of the House's Office
Total

Total Funds
7,223,668
319,352 1,022,233 8,565,253

State Funds

$ 7,223,668

$

319,352

$ 1,022,233

$ 8,565,253

Legislative Counsel's Office Legislative Fiscal Office Legislative Budget Office

Joint Functional Budgets Total Funds 1,913,707 1,203,350 763,990

State Funds 1,913,707 1,353,350 763,990

THURSDAY, FEBRUARY 12, 1987

493

Ancillary Activities Total

$ 1,015,780 $

865,780

$ 4,896,827 $ 4,896,827

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 space requirements for full-time state agencies and departments and shall, prior to approval of renovation or reconstruction of legislative office space, consider the most efficient and functional building designs used for office space and related activities; for the Legislative Services Committee, the Office of Legislative Counsel, the Legislative Fiscal Office and the Office of Legislative Budget Analyst; 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 equipment, supplies, furnishings, repairs, printing, services and other expenses of the Legislative Branch of Government; and for payments to Presidential Elec tors. The provisions of any other law to the contrary notwithstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Gov ernment, 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 for which payments are made from funds appropri ated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid from other appropriations.
Section 2. Department of Audits. Budget Unit: Department of Audits ................................ $10,373,257 Operations Budget: Personal Services ............................................. $8,683,785 Regular Operating Expenses......................................... $296,850 Travel ...................... ..................................... $583,831 Motor Vehicle Purchases..................... ..................... $78,464 Publications and Printing ........................................... $25,500 Equipment Purchases...... ......... ............................. $66,900 Per Diem, Fees and Contracts ........................................ $27,830 Real Estate Rentals . . ................. ........................... $323,747 Computer Charges ................................................. $245,000 Telecommunications ................................................. $41,350 Total Funds Budgeted ........................................... $10,373,257 State Funds Budgeted ........................................... $10,373,257
PART II.
JUDICIAL BRANCH

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Section 3. Supreme Court. Budget Unit: Supreme Court

$3,196,779

Section 4. Court of Appeals. Budget Unit: Court of Appeals .................... ................ $3,871,403

Section 5. Superior Courts. Budget Unit: Superior Courts Operation of the Courts Prosecuting Attorneys' Council Sentence Review Panel Council of Superior Court Judges Judicial Administrative Districts Habeas Corpus Clerk

$30,602,026 $29,092,767
$576,766 $118,672 $68,895 $737,526
$7,400

Section 6. Juvenile Courts. Budget Unit: Juvenile Courts

$227,544

Section 7. Institute of Continuing Judicial Education.

Budget Unit: Institute of Continuing Judicial Education

$318,334

Institute's Operations............................................... $280,000

Georgia Magistrate Courts Training Council

$38,334

Section 8. Judicial Council.

Budget Unit: Judicial Council

$658,715

Council Operations ................................................. $566,668

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
PART III.
EXECUTIVE BRANCH

$9,500

Section 13. Department of Administrative Services.

A. Budget Unit: Department of Administrative Services

$34,476,000

Administration and Services Budget:

Personal Services................................................ $34,769,342

Regular Operating Expenses

$6,958,083

Travel ................................... ........................ $225,500

Motor Vehicle Purchases

$432,999

Publications and Printing

$161,000

Equipment Purchases. ............................................ $1,329,587

Computer Charges ........................ ..................... $8,210,148

Real Estate Rentals .............................................. $3,076,772

Telecommunications

$625,494

Per Diem, Fees and Contracts

$397,500

Rents and Maintenance Expense

$19,489,244

Utilities .................................. ......................... $39,000

Postage ........................................................... $252,955

THURSDAY, FEBRUARY 12, 1987

495

Payments to DOAS Fiscal Administration ....................... . $1,960,000

Direct Payments to Georgia Building Authority for Capital Outlay . $1,726,370

Direct Payments to Georgia Building Authority for Operations

. . . . $507,000

Telephone Billings ............................................ . $29,768,614

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

Hazardous Materials Liability Reserve Fund

. . . . $500,000

Authorities Liability Reserve Fund

$1,200,000

Total Funds Budgeted

$122,231,608

State Funds Budgeted

$34,476,000

Department of Administrative Services Functional Budgets

Total Funds

State Funds

State Properties Commission

$

382,991 $

382,991

Departmental Administration

$ 2,605,676 $ 3,400,676

Treasury and Fiscal Administration

$ 10,543,674 $ 8,583,674

Central Supply Administration

$ 9,584,680 $

0

Procurement Administration

$ 2,471,275 $ 2,471,275

General Services Administration

$

577,217 $

0

Space Management Administration

$

478,752 $

478,752

Data Processing Services

$ 47,337,926 $ 12,227,262

Motor Vehicle Services

$ 2,489,048 $

0

Communication Services

$ 35,588,052 $ 6,000,000

Printing Services

$ 7,075,620 $ 1,726,370

Surplus Property Services

$ 1,289,717 $

0

Mail and Courier Services

$

463,016 $

0

Risk Management Services

$ 1,343,964 $

0

Total

$ 122,231,608 $ 35,271,000

B. Budget Unit: Georgia Building Authority Georgia Building Authority Budget: Personal Services....................... Regular Operating Expenses Travel ................................ Motor Vehicle Purchases................ Publications and Printing Equipment Purchases Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Capital Outlay ......................... Utilities ............................... Contractual Expenses Fuel .................................. Facilities Renovations and Repairs

$15,877,790 $3,875,007 . . . . $12,000 ... $36,000
. $50,000 $153,280 . $41,000 $42,200 $91,916 $143,800 . $230,000 $7,382,353 . . . . $90,000 . . $25,000 ........ $0

496

JOURNAL OF THE SENATE

Total Funds Budgeted State Funds Budgeted

Georgia Building Authority Functional Budgets

Total Funds

Grounds

$ 1,843,816

Custodial

$ 4,400,261

Maintenance

$ 4,371,540

Security

$ 3,564,008

Van Pool

$

119,267

Sales

$ 3,600,160

Administration

$ 9,746,853

Railroad Excursions

$

404,441

Facility Renovations

$

0

Undistributed

$

0

Total

$ 28,050,346

Section 14. Department of Agriculture. A. Budget Unit: Department of Agriculture
State Operations Budget: Personal Services Regular Operating Expenses Travel .............................................. Motor Vehicle 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 and Capital Outlay Renovation, Construction, Repairs and Maintenance
Projects at Major and Minor Markets Capital Outlay Contract--Federation of Southern Cooperatives Tick Control Program Total Funds Budgeted State Funds Budgeted

Department of Agriculture Functional Budgets

Total Funds

Plant Industry

$ 6,823,828

Animal Industry

$ 6,313,298

$28,050,346 ........ $0
State Funds 0 0 0 0 0 0 0 0 0 0 0
$33,302,528
$25,183,723 $2,343,000
$852,000 . . . . $531,000
$606,000 . $307,000
$325,270 $635,774 $358,000 $318,000 . $547,000 $2,014,935
$1,400,500 $547,000 $114,000
.... $75,000 . . . . $105,000
. . . . $464,500
$1,070,000 $3,460,000
$60,000 $50,000 $41,367,702 $33,302,528
State Funds 6,368,198 5,952,728

THURSDAY, FEBRUARY 12, 1987

497

Marketing General Field Forces Internal Administration Information and Education Fuel and Measures Consumer Protection
Field Forces Meat Inspection Major Markets Seed Technology Entomology and Pesticides Total

2,621,273 3,087,123 3,618,259 1,283,210 2,341,820

2,592,370 3,087,123 3,572,679 1,283,210 2,336,820

$ 5,435,105 $ 4,302,147

$ 3,929,286 $ 1,575,453

$ 3,815,682 $

565,009

$

338,336 $

0

$ 1,760,482 $ 1,666,791

$ 41,367,702 $ 33,302,528

B. Budget Unit: Georgia Agrirama Development Authority

$0

Georgia Agrirama Development Authority Budget:

Personal Services................................................... $444,925

Regular Operating Expenses......................................... $111,632

Travel .............................................................. $7,100

Motor Vehicle Purchases................................................. $0

Publications and Printing ............................................ $16,160

Equipment Purchases ................................................ $4,600

Computer Charges ...................................................... $0

Real Estate Rentals ..................................................... $0

Telecommunications .................................................. $7,000

Per Diem, Fees and Contracts ........................................ $27,178

Capital Outlay ..................................................... $375,000

Goods for Resale .................................................... $74,450

Total Funds Budgeted ............................................ $1,068,045

State Funds Budgeted ................................................... $0

Section 15. Department of Banking and Finance.

Budget Unit: Department of Banking and Finance .................... $4,707,293

Administration and Examination Budget:

Personal Services................................................. $3,868,860

Regular Operating Expenses......................................... $171,000

Travel ............................................................ $313,133

Motor Vehicle 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 ......................................... $1,500

Total Funds Budgeted ............................................ $4,707,293

State Funds Budgeted ............................................ $4,707,293

Section 16. Department of Community Affairs. A. Budget Unit: Department of Community Affairs
State Operations Budget: Personal Services............................. Regular Operating Expenses................... Travel ...................................... Motor Vehicle Purchases...................... Publications and Printing .....................

$7,821,460
$4,299,942 $137,000 $185,953 $7,000 $78,000

498

JOURNAL OF THE SENATE

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 Environmental
Facilities Authority........................................ Total Funds Budgeted State Funds Budgeted .......................................

Department of Community Affairs Functional Budgets

Executive and Administrative Technical Assistance Community and Economic
Development Intergovernmental Assistance Total

Total Funds 3,815,401 2,300,838
33,547,609 1,108,212
40,772,060

B. Budget Unit: Authorities Operations Budget: Personal Services............. Regular Operating Expenses Travel ...................... Motor Vehicle 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

Authorities Functional Budgets

Georgia Residential Finance Authority
Georgia Environmental Facilities Authority

Total Funds

$ 18,805,464

$

375,000

.... $17,472 . . . . $34,000
$205,022 .... $67,746 .... $95,976 . . . . $17,000
$1,350,500 $1,211,000
. $139,000
$30,515,000
$1,000,000 ........ $0
$1,036,449
. $375,000 $40,772,060 $7,821,460
State Funds 3,758,401 1,075,485
2,038,240 949,334
7,821,460
. $3,033,159 $305,363
..... $77,589 ..... $88,573 .... $99,166 . . . . . $40,959 ..... $73,780 .... $236,291 ..... $79,589 ... $145,995
$14,500,000 $500,000
$19,180,464
State Funds
0
0

THURSDAY, FEBRUARY 12, 1987

499

Undistributed Total

$

0

$ 19,180,464

Section 17. Department of Corrections. A. Budget Unit: Departmental Operations
Departmental Operations Budget: Personal Services.............................. Regular Operating Expenses Travel ............................. ...... Motor Vehicle Purchases Publications and Printing Equipment Purchases Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Utilities .................................... County Subsidy County Subsidy for Jails Court Costs................................... Central Repair Fund Capital Outlay Grants for Local Jails State Grants for County Workcamp Construction Total Funds Budgeted Payments from GCIA Indirect DOAS Funding State Funds Budgeted
Departmental Operations Functional Budgets

General Administration and Support
Adult Facilities and Programs
Training and Staff Development
Total

Total Funds $ 12,413,531 $ 15,199,550 $ 1,501,110 $ 29,114,191

B. Budget Unit: Correctional Institutions, Transitional Centers and Support
Institutional Operations Budget: Personal Services............................. Regular Operating Expenses Travel ...................................... Motor Vehicle Purchases Publications and Printing Equipment Purchases Computer Charges Real Estate Rentals .......................... Telecommunications Per Diem, Fees and Contracts Utilities ..................................... Payments to Central State Hospital for Meals Payments to Central State Hospital for Utilities Payments to Public Safety for Meals

0
0
$28,024,191
$10,892,193 . . $746,900 . $376,800 . . . $709,000 ... $65,000
$139,000 $2,140,000 $1,157,210 . . . $321,000 $1,054,000 .... $50,000 $8,299,188 . . $401,900 . . $350,000 . $581,000 . . . $316,000 . . . $515,000 $1,000,000 $29,114,191 . . . $420,000 . . . $450,000 $28,024,191
State Funds
$ 11,543,531
$ 14,979,550
$ 1,501,110 $ 28,024,191
$169,685,515
$121,030,582 . $19,357,962 . . $200,301 .... $430,500
. $90,650 . . $2,705,774 . $59,156 .... $406,250 . . $1,132,850 .... $263,768 . . $6,233,000 . . $2,514,700 . $2,549,000 ... $287,000

500

JOURNAL OF THE SENATE

Inmate Release Funds ............................................ $1,042,000

Health Service Purchases ........................................ $11,880,750

Payments to the Medical Association of Georgia foi

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 ..................................................... $475,000

Total Funds Budgeted .......................................... $172,245,219

State Funds Budgeted

$169,685,515

Correctional Institutions, Transitional Centers, and Support Functional Budgets

Total Funds

State Funds

Georgia Training and Development Center
Georgia Industrial Institute 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 Burruss Correctional
Institution Central Rehabilitation
Programs Federal Grants
Total

$ 1,636,725 $ 7,955,175

$ 9,243,278 $ 16,205,670 $ 12,823,225 $ 21,952,277

$ 3,406,023

$ 2,995,213

$ 3,961,782

$ 4,181,565

$ 8,786,254

$

725,000

$ 13,039,230

$ 5,692,871

$ 3,204,429

$ 3,800,766

$ 5,845,174 $ 22,111,403

$ 3,957,223

$ 2,911,483

$ 16,800,749 $ 1,009,704 $ 172,245,219

$ 1,636,725 $ 7,955,175

$ 9,243,278 $ 16,205,670 $ 12,730,225 $ 21,952,277

$ 3,406,023

$ 2,995,213

$ 3,961,782

$ 4,122,565

$ 8,786,254

$

0

$ 12,391,230

$ 5,667,871

$ 3,204,429

$ 3,800,766

$ 5,845, ,74 $ 22,111,403

$ 3,957,223

$ 2,911,483

$ 16,800,749

$

0

$ 169,685,515

C. Budget Unit: Board of Pardons and Paroles

... $15,333,912

Board of Pardons and Paroles Budget:

Personal Services. ............................................... $12,632,668

THURSDAY, FEBRUARY 12, 1987

Regular Operating Expenses Travel .................................... Motor Vehicle Purchases Publications and Printing Equipment Purchases Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts County Jail Subsidy Total Funds Budgeted State Funds Budgeted

D. Budget Unit: Georgia Correctional Industries Georgia Correctional Industries Budget: Personal Services........................... Regular Operating Expenses Travel ................................... Motor Vehicle Purchases Publications and Printing Equipment Purchases Computer Charges Real Estate Rentals Telecommunications ....................... Per Diem, Fees and Contracts Cost of Sales ............................. Repayment of Prior Year's Appropriations Capital Outlay ............................ Total Funds Budgeted State Funds Budgeted

E. Budget Unit: Division of Probations Operations Budget: Personal Services Regular Operating Expenses Travel ........................... Motor Vehicle Purchases Publications and Printing Equipment Purchases Computer Charges Real Estate Rentals Telecommunications Utilities .......................... Per Diem, Fees and Contracts Capital Outlay Total Funds Budgeted ............. State Funds Budgeted

Division of Probation Functional Budgets

Total Funds

Probation Administration

801,405

Probation Field Operations

33,053,168

Diversion Centers

7,431,097

Total

41,285,670

Section 18. Department of Defense.

501
. . . $331,970 $422,000
.... $64,422 .... $43,000 .... $90,578 . . . $122,000 . . . $898,719 . . . $347,000
$117,660 $293,895 $15,363,912 $15,333,912
. $2,759,632 . $1,067,950 .... $66,400
$198,000 ..... $8,800
$310,000 . . . . . $1,985 .... $81,650
$75,000 $270,000 . $6,380,000 $420,000 ........ $0 $11,639,417
$37,041,447
$36,088,973 . . . $844,455 . . . $616,750
$336,000 .... $95,750 . . . $322,242 ........ $0 . $1,090,500 . . $493,000 . . $326,000 . . . . $12,000 . $1,060,000 $41,285,670 $37,041,447
State Funds
801,405
29,630,168
6,609,874
37,041,447

502

JOURNAL OF THE SENATE

Budget Unit: Department of Defense .................................. $4,375,365

Operations Budget:

Personal Services............................ .................... $6,348,926

Regular Operating Expenses

$1,688,219

Travel ............................................................. $60,000

Motor Vehicle Purchases............................................. $10,000

Publications and Printing

$40,000

Equipment Purchases. .............................................. $111,567

Computer Charges .................................................. $18,000

Real Estate Rentals .................................................. $8,000

Telecommunications

$76,000

Per Diem, Fees and Contracts ....................................... $139,000

Utilities ......................................................... $1,585,200

Grants to Locals--Emergency Management

Assistance (P&S) M/S .......................................... $1,498,000

Grants--Others ..................................................... $41,000

Georgia Military Institute Grant...................................... $18,000

Civil Air Patrol Contract

$42,000

Capital Outlay

............................................ $0

Grants to Armories ................................................. $510,000

Repairs and Renovations

$534,675

Total Funds Budgeted ........................................... $12,728,587

State Funds Budgeted ............................................ $4,375,365

Department of Defense Functional Budgets

Total Funds

State Funds

Office of the Adjutant General

$ 2,469,766 $

970,432

Georgia Emergency Management Agency

$ 1,808,529 $

790,054

Georgia Air National Guard

$ 2,963,981 $

405,327

Georgia Army National Guard

$ 5,486,311 $ 2,209,552

Total

$ 12,728,587 $ 4,375,365

Section 19. State Board of Education--Department of Education.

Budget Unit: Department of Education ............................. $2,012,442,178

Operations:

Personal Services................................................ $33,371,428

Regular Operating Expenses....................................... $3,774,443

Travel .......................................................... $1,141,352

Motor Vehicle Purchases............................................ $115,137

Publications and Printing ........................................... $401,894

Equipment Purchases............................................... $380,301

Computer Charges ............................................... $8,475,001

Real Estate Rentals .............................................. $2,145,255

Telecommunications ................................................ $617,420

Per Diem, Fees and Contracts

$10,127,685

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

High School Laboratories ........................................ $58,367,296

THURSDAY, FEBRUARY 12, 1987
Vocational Education Laboratories .................... Special Education ................................... Gifted.............................................. Remedial Education Staff Development .................................. Media.............................................. Indirect Cost ....................................... Pupil Transportation Prepaid Teacher Retirement Mid-term Adjustment ............................... Isolated Schools ..................................... July and August APEG Salaries Local Fair Share Other Categorical Grants: Equalization Formula Grants for Contract Transfer Payments Sparsity Grants ..................................... Non-QBE Grants: Education of Children of Low-Income Families Retirement (H.B. 272 and H.B. 1321) Instructional Services for the Handicapped Tuition for the Multi-Handicapped Severely Emotionally Disturbed ...................... School Lunch (Federal) .............................. School Lunch (State) ................................ Innovative Programs ................................ Supervision and Assessment of Students and Beginning
Teachers and Performance-Based Certification ....... Regional Educational Service Agencies ................ Georgia Learning Resources System ................... High School Program ................................ High School Program Salaries for July and August Special Education in State Institutions ................ Governor's Scholarships.............................. Special Projects ..................................... Job Training Partnership Act ........................ Vocational Research and Curriculum .................. Adult Education .................................... Salaries and Travel of Public Librarians............... Public Library Materials ............................. Talking Book Centers ............................... Public Library M&O............................... Hold Harmless Provision for Special Education ........ Health Insurance for Non-Certificated Personnel Teacher Health Insurance for Retired Teachers ........ Payment of Federal Funds to Postsecondary
Vocational Education .............................. Grants to Local School Systems for
Educational Purposes .............................. Child Care Lunch Program (Federal) Chapter II--Block Grant Flow Through ............... Preparation of Professionals
for Teaching Handicapped ......................... Profound Special Education .......................... Title II (Math and Science) .......................... Asbestos Abatement in Local Schools Total Funds Budgeted ...............................

503
$67,642,730 $104,393,896 $10,417,109 $13,383,097
$5,967,005 $62,040,723 . $340,262,204 $99,464,112 $(142,000,000) $15,313,678 ..... $886,547 $231,464,756 $(263,245,650)
$84,407,589 .......... $0
$500,000
$92,981,253 . $1,700,000
$19,713,309 $1,472,000 $26,414,029 $121,090,490 $20,939,378 ... $548,000
$5,116,748 $5,445,605 . $2,112,694 $13,012,796 . $3,422,919 $2,603,867 . . . $500,000 $1,180,900 $2,860,000 . . . $366,540 $3,634,434 . $7,926,960 $4,133,430 . . . $737,570 . $3,204,525 $21,033,600 $21,624,000 . $7,807,000
$11,465,031
$78,000,000 $14,261,645 . $9,612,399
....... $67,221 . . . . $1,572,411 ....... $34,247 . . . . $3,100,000 . $2,312,289,747

504

JOURNAL OF THE SENATE

Indirect DOAS Services Funding State Funds Budgeted ..........

Education Functional Budgets

Total Funds

Instructional Services

$ 7,456,460

Governor's Honors Program

$

834,740

Vocational Education

$ 5,714,192

Public Library Services

$ 1,960,903

State Administration

$ 10,595,375

Administrative Services

$ 9,262,329

Planning and Development
Professional Standards Commission
Professional Practices Commission

$ 10,757,268

$

194,300

$

472,836

Local Programs

$ 2,249,611,786

Georgia Academy for the Blind

$ 4,036,642

Georgia School for the Deaf

$ 6,363,760

Atlanta Area School for the Deaf

$ 5,029,673

Total

$ 2,312,289,747

$2,012,442,178 ......... $517

State Funds

$ 4,433,637

$

808,440

$ 2,533,653

$

960,839

$ 9,347,570

$ 5,852,655

$ 9,646,695

$

194,300

$

472,836

1,963,700,660

3,676,836 6,098,115

4,715,942 2,012,442,178

Section 20. Employees' Retirement System. Budget Unit: Employees' Retirement System .................................. $0
Employees' Retirement System Budget: Personal Services................................................... $773,361 Regular Operating Expenses.......................................... $12,000 Travel .............................................................. $7,500 Motor Vehicle Purchases................................................. $0 Publications and Printing ............................................ $22,000 Equipment Purchases ................................................ $1,000 Computer Charges ................................................. $174,000 Real Estate Rentals ................................................ $101,000 Telecommunications ................................................. $12,000 Per Diem, Fees and Contracts....................................... $555,000 Postage ............................................................ $65,000 Employer Contribution .................................................. $0 Total Funds Budgeted ............................................ $1,722,861 State Funds Budgeted ................................................... $0

Section 21. Forestry Commission. Budget Unit: Forestry Commission ................................... $30,818,540
State Operations Budget: Personal Services ............................................... $22,958,883 Regular Operating Expenses....................................... $6,023,286 Travel ............................................................ $134,000 Motor Vehicle Purchases.......................................... $1,334,000 Publications and Printing ............................................ $87,000 Equipment Purchases............................................. $2,322,310 Computer Charges .................................................. $59,000 Real Estate Rentals ................................................. $29,343

THURSDAY, FEBRUARY 12, 1987

505

Telecommunications Per Diem, Fees and Contracts Contractual Research Payments to the University of Georgia,
School of Forestry for Forest Research Ware County Grant Wood Energy Program Capital Outlay Total Funds Budgeted State Funds Budgeted

Forestry Commission Functional Budgets

Total Funds

Reforestation

$ 4,683,965

Field Services

$ 28,727,197

Wood Energy

$

68,000

General Administration and Support

1,886,428

Total

35,365,590

. . $572,000 $816,000 $250,000
$300,000 $90,000 ... $68,000 . . $321,768 $35,365,590 $30,818,540
State Funds 2,570,915 26,301,197 68,000
1,878,428 30,818,540

Section 22. Georgia Bureau of Investigation. Budget Unit: Georgia Bureau of Investigation
Operations Budget: Personal Services....................... Regular Operating Expenses Travel ................................ Motor Vehicle Purchases................ Publications and Printing ............... Equipment Purchases Computer Charges ..................... Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Evidence Purchased Utilities ............................... Postage Capital Outlay ......................... Total Funds Budgeted .................. Indirect DOAS Funding Total State Funds Budgeted

. $28,712,511
. $19,256,570 . . $1,661,172
$560,000 $1,145,550 .... $98,750 ... $847,509 . . $2,431,650 . $1,470,000 $1,600,800 . $34,000 . . . . $440,000 ... $84,000 . . . . . $72,510 .... $410,000 $30,112,511 $1,400,000 . $28,712,511

Georgia Bureau of Investigation Functional Budgets

Total Funds

State Funds

Administration

$ 2,565,736 $ 2,565,736

Drug Enforcement

$ 5,797,368 $ 5,797,368

Investigative

$ 9,451,781 $ 9,451,781

Georgia Crime Information Center

$ 7,436,702 $ 6,036,702

Undistributed

$

0$

0

Total Forensic Sciences Di ision Budget: Personal Services. Expenses ..........

$ 25,251,587 $ 23,851,587
. . $3,716,746 ......... $386,000

506

JOURNAL OF THE SENATE

Travel ............................................................. $30,000

Motor Vehicle Purchases............................................. $94,000

Publications and Printing ............................................. $8,000

Equipment Purchases

$365,679

Computer Charges ................................................. $104,679

Real Estate Rentals ..................................................... $0

Telecommunications

$110,820

Per Diem, Fees and Contracts

$5,000

Evidence Purchased ..................................................... $0

Utilities ............................................................ $35,000

Postage ............................................................. $5,000

Total Funds Budgeted

$4,860,924

Total State Funds Budgeted

$4,860,924

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 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

$6,162,966

1. Governor's Office Budget:

Cost of Operations ............................................... $2,445,974

Mansion Allowance

$40,000

Governor's Emergency Fund ...................................... $2,900,000

Intern Stipends and Travel

$150,000

Total Funds Budgeted ............................................ $5,535,974

State Funds Budgeted ............................................ $5,535,974

2. Office of Fair Employment Practices Budget:

Personal Services................................................... $514,388

Regular Operating Expenses.......................................... $10,000

Travel .............................. .............................. $11,000

Motor Vehicle Purchases................................................. $0

Publications and Printing

$3,000

Equipment Purchases

$10,000

Computer Charges ...................................................... $0

Real Estate Rentals ................................................. $59,604

Telecommunications ................................................. $11,000

Per Diem, Fees and Contracts ........................................ $68,000

Total Funds Budgeted

$686,992

State Funds Budgeted

$626,992

Budget Unit Object Classes:

Cost of Operations ............................................... $2,445,974

Mansion Allowance .................................................. $40,000

Governor's Emergency Fund ...................................... $2,900,000

Intern Stipends and Travel ......................................... $150,000

THURSDAY, FEBRUARY 12, 1987

507

Personal Services........................................... Regular Operating Expenses Travel .................................................... Motor Vehicle Purchases Publications and Printing Equipment Purchases Computer Charges .........................................
Real Estate Rentals Telecommunications Per Diem, Fees and Contracts

. . $514,388 $10,000
.... $11,000 ........ $0 ..... $3,000
$10,000 ........ $0 ... $59,604
$11,000 $68,000

B. Budget Unit: Office of Planning and Budget Office of Planning and Budget Budget: Personal Services........................................... Regular Operating Expenses Travel .................................................... Motor Vehicle Purchases.................................... Publications and Printing Equipment Purchases Computer Charges ......................................... Real Estate Rentals ........................................ Telecommunications Per Diem, Fees and Contracts Total Funds Budgeted ...................................... State Funds Budgeted

$3,879,066
$3,232,203 $89,000 $60,000
........ $0 $36,000
.... $25,000 $183,560 $206,303
.... $52,000 . $95,000
$3,979,066 $3,879,066

C. Budget Unit: Units Attached for Administrative Purposes Only Attached Units Budget: Personal Services........................................... Regular Operating Expenses Travel .................................................... Motor Vehicle Purchases.................................... Publications and Printing Equipment Purchases Computer Charges ......................................... Real Estate Rentals ........................................ Telecommunications Per Diem, Fees and Contracts Art Grants of State Funds .................................. Art Grants of Non-State Funds Humanities Grant--State Funds Total Funds Budgeted State Funds Budgeted

. $5,683,219
. $3,172,881 . $160,952
$91,175 ........ $0 . . . $288,536 . $20,400 .... $70,038
$268,140 $134,904 $67,222,195 $2,250,029 $440,000 $50,000 $74,169,250 . $5,683,219

Attached Units Functional Budgets

Council for the Arts
Office of Consumer Affairs
State Energy Office
Governor's Committee on Post-Secondary Education
Consumer's Utility Counsel
Criminal Justice Coordinating Council

Total Funds $ 3,235,913 $ 1,740,715 $ 66,904,435
158,363 447,653
1,521,955

State Funds 2,685,913 1,740,715 287,605

$

158,363

$

447,653

$

362,970

508

JOURNAL OF THE SENATE

Vocational Education Advisory Council
Total

$

160,216

$ 74,169,250

0 5,683,219

Section 25. Grants to Counties and Municipalities. Budget Unit: Grants to Counties and Municipalities
Grants to Counties ........................................... Grants to Municipalities Total Funds Budgeted State Funds Budgeted ........................................

$6,800,000 $2,600,000 $4,200,000 $6,800,000 $6,800,000

Section 26. Department of Human Resources. A. Budget Unit: Departmental Operations.........................
1. General Administration and Support Budget: Personal Services.............................................
Regular Operating Expenses Travel ...................................................... Motor Vehicle Purchases...................................... Publications and Printing Equipment Purchases ........................................ Computer Charges ........................................... Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Utilities ..................................................... Postage ..................................................... Capital Outlay ............................................... Institutional Repairs and Maintenance Menninger Group Homes Benefits for Child Care ....................................... Contract with Georgia Advocacy Office, Inc. Total Funds Budgeted ........................................ Indirect DOAS Services Funding .............................. State Funds Budgeted ........................................

$348,881,223
. $34,500,438 . . $1,297,325 . $1,124,390
$26,000 .... $156,945 .... $193,573
$1,548,000 . . $3,894,581 .... $715,601
$10,498,110 $193,400
.... $738,546 . . . . . $99,800 . . . . $132,000 . . . . $402,000
$4,321,433 .... $215,000 . $60,057,142
$638,300 $28,138,010

General Administration and Support Functional Budgets

Total Funds

State Funds

Commissioner's Office

$

663,146

663,146

Administrative Appeals

1,035,471 $ 1,035,471

Administrative Policy, Coordination, and Direction

207,873 $

207,873

Personnel

6,311,231 $ 6,247,934

Indirect Cost

0 $ (5,534,273)

Facilities Management

4,401,063 $ 3,205,067

Public Affairs

421,169 $

421,169

Community and Intergovernmental Affairs

457,239 $

457,239

Budget Administration

1,592,695 $ 1,592,695

Accounting Services

4,375,806 $ 4,175,806

Auditing Services

1,709,478 $ 1,709,478

Special Projects

487,000 $

487,000

Children and Youth Planning

220,326 $

220,326

THURSDAY, FEBRUARY 12, 1987

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

$

Support Services

$

Total

$

2. Public Health Budget: Personal Services............................ Regular Operating Expenses Travel ..................................... Motor Vehicle 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 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

4,723,433 253,889
119,423 16,610 9,336,810
717,757 1,887,440
757,296
2,368,434 365,546 744,046
3,985,879 10,214,733 2,683,349 60,057,142

509
4,407,057 0
119,423 1,661 0
642,757 1,870,590
456,716
714,492 365,546 561,640 214,148 1,424,300 2,470,749 28,138,010
$35,290,937 $47,162,839 $1,005,720
. $19,800 . . . $307,700 . . . $373,201
$590,020 . . . $653,773 . . . $585,500 $16,176,462 ........ $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 $48,378,739
. . . $215,000 $115,000

510

JOURNAL OF THE SENATE

Family Planning Benefits Grants to Counties for Teenage
Pregnancy Prevention Grants to Counties for Metabolic
Disorders Screening and Treatment Contract with Macon-Bibb County
Hospital Authority Total Funds Budgeted Indirect DOAS Services Funding State Funds Budgeted

Public Health Functional Budgets

Total Funds

Director's Office

$

699,201

Employees' Health

$

355,152

Health Program Management

$

945,529

Vital Records

$ 1,629,808

Health Services Research

$

661,103

Primary Health Care

$

694,550

Stroke and Heart Attack Prevention

$ 1,771,791

Epidemiology

$ 1,728,080

Immunization

$

453,341

Sexually Transmitted Diseases

$ 1,423,886

Community Tuberculosis Center

$ 1,370,005

Family Health Management

$ 7,970,065

Infant and Child Health

$ 8,351,030

Maternal Health--Perinatal

$

184,645

Family Planning

$ 8,721,520

Malnutrition

$ 51,418,119

Dental Health

$ 1,518,975

Children's Medical Services

$ 10,896,113

Chronic Disease

$ 1,381,918

Diabetes

$

527,593

Cancer Control

$ 3,229,613

Environmental Health

$

947,460

Laboratory Services

$ 4,126,447

Emergency Health

$ 2,467,622

Minimum Foundation

$ 8,718,000

Newborn Follow-Up Care

$

777,704

Sickle Cell, Vision and Hearing

1,111,839

High-Risk Pregnant Women and Infants

6,862,212

Grant in Aid to Counties

45,120,767

Teenage Pregnancy Prevention

265,000

...... $302,000
....... $265,000
........ $47,000
. . . . . $5,000,000 $180,914,602
....... $549,718 . $103,664,544

State Funds

$

501,976

$

313,370

$

860,529

$ 1,548,223

$

438,285

$

667,824

$ 1,241,791

$

788,491

$

0

$

297,606

$ 1,238,966

$ 2,877,013

$ 8,230,966

$

41,763

$ 3,979,550

$

0

$ 1,308,800

$ 8,792,248

$ 1,381,918

$

527,593

$ 3,229,613

$

408,688

$ 4,001,447

$ 1,314,625

$ 8,588,325

$

640,492

$

1,111,839

$ 6,862,212

$ 40,043,869

$

265,000

THURSDAY, FEBRUARY 12, 1987

511

Community Health Management Community Care Total

2,052,376 2,533,138 $ 180,914,602

1,164,999 996,523
103,664,544

3. Mental Health--Program Direction and Support Budget: Personal Services ...................................... Regular Operating Expenses Travel ................................................ Motor Vehicle Purchases Publications and Printing Equipment Purchases Computer Charges ..................................... Real Estate Rentals ....................................
Telecommunications .................................... Per Diem, Fees and Contracts Utilities ............................................... Postage ............................................... Contract with Housing Alternatives Total Funds Budgeted Indirect DOAS Services Funding State Funds Budgeted

$4,786,688 $91,000
. . $127,000 ....... $0
$39,000 $43,000 $1,040,000 ....... $0 . . $247,000 . . $332,115 ....... $0 $1,000 $100,000 $6,806,803 $779,100 $5,524,290

Mental Health--Program Direction and Support Functional Budgets

Administration Indirect Cost MH/MR Advisory Council Total

Total Funds 6,762,727 0 44,076 6,806,803

State Funds 5,775,214 (295,000) 44,076 5,524,290

4. Youth Services--Program Direction and Support:

Personal Services ...............................

Regular Operating Expenses......................

Travel .........................................

Motor Vehicle Purchases

Publications and Printing ........................

Equipment Purchases

...

Computer Charges

Real Estate Rentals .............................

Telecommunications

Per Diem, Fees and Contracts

Utilities ........................................

Postage ........................................

Total Funds Budgeted ...........................

State Funds Budgeted

5. Services to the Aged Budget:

Personal Services ...............................

Regular Operating Expenses

Travel .........................................

Motor Vehicle Purchases

Publications and Printing

Equipment Purchases. ...........................

Computer Charges

....

Real Estate Rentals

Telecommunications

Per Diem, Fees and Contracts

$1,535,612 . . $24,970
$35,000 ....... $0
$5,000 $12,000 . $62,000 ....... $0 $40,000 .... $7,850 ....... $0 ....... $0 $1,722,432 $1,658,190
$2,146,066 $93,985
. $69,200 ........ $0 ... $21,650
$11,000 ... $75,000
$4,000 $69,000 $24,227,530

512

JOURNAL OF THE SENATE

Utilities ................................................................ $0

Payments to DMA ............................................... $6,798,650

Postage ............................................................. $1,000

Total Funds Budgeted

$33,517,081

State Funds Budgeted ........................................... $11,511,892

Services to the Aged Functional Budgets

Total Funds

State Funds

Administration and Planning

$ 2,575,001 $ 1,125,090

Aging Services

$ 24,143,430 $ 3,588,152

Alternative Health Services

$ 6,798,650 $ 6,798,650

Total

$ 33,517,081 $ 11,511,892

6. Rehabilitation Services Budget:

Personal Services................................................ $25,445,460

Regular Operating Expenses....................................... $1,127,000

Travel ............................................................ $537,000

Motor Vehicle 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 ..................................... $1,114,000

Utilities ........................................................... $257,000

Capital Outlay ...........:.............................................. $0

Postage ............................................................ $94,000

Institutional Repairs and Maintenance ................................ $55,400

Grants for Nephrology Centers ...................................... $245,000

Contracts with Vocational Rehabilitation

Community Facilities ......

$5,196,495

Contract for Epilepsy.......................................

. . . . $67,000

Case Services ..............................................

$9,816,000

E.S.R.P. Case Services ....................................

. . . . $50,000

Contract with Affirmative Industries .........................

. . $110,000

Contract with RCW Industries ..............................

$146,000

Total Funds Budgeted ......................................

$46,922,355

Indirect DOAS Services Funding ............................

$50,000

State Funds Budgeted

$14,818,533

Rehabilitation Services Functional Budgets

Total Funds

State Funds

Program Direction and Support

$ 2,986,985

1,097,851

Grants Management

$

583,797

473,190

Atlanta Rehabilitation Center

$ 2,261,155

434,778

Rehabilitation Center for the Deaf--Cave Spring

$

513,710

102,742

Central Rehabilitation Center

$

600,463

120,093

Georgia Vocational Adjustment Center--Gracewood

$

468,450

93,689

Ireland Rehabilitation Center

$

405,132

81,030

Rome Rehabilitation Center

$

219,075

44,455

J. F. Kennedy Center

$

489,274

97,854

THURSDAY, FEBRUARY 12, 1987

513

Production Workshop District Field Services Independent Living Sheltered Employment Community Facilities Bobby Dodd Workshop Total

$ 1,099,723 $

0

$ 30,553,482 $ 6,313,268

$

443,848 $

241,369

$ 1,100,766 $

521,719

$ 4,801,793 $ 4,801,793

$

394,702 $

394,702

$ 46,922,355 $ 14,818,533

7. Roosevelt Warm Springs Rehabilitation Institute: Personal Services................................................ $10,673,413 Regular Operating Expenses....................................... $1,687,000 Travel ............................................................. $48,000 Motor Vehicle Purchases............................................. $54,000 Publications and Printing ............................................ $15,000 Equipment Purchases............................................... $110,000 Computer Charges .................................................. $62,000 Real Estate Rentals ................................................. $11,000 Telecommunications ................................................ $173,000 Per Diem, Fees and Contracts ..................................... $1,690,000 Utilities ........................................................... $578,000 Postage ............................................................ $14,300 Capital Outlay .......................................................... $0 Institutional Repairs and Maintenance ............................... $234,000 Total Funds Budgeted ........................................... $15,349,713 Indirect DOAS Services Funding ..................................... $50,000 State Funds Budgeted ............................................ $3,215,526

Roosevelt Warm Springs Rehabilitation Institute Functional Budgets

Total Funds

State Funds

Administration

$ 6,150,685 $ 5,723,085

Rehabilitation Services

$ 9,199,028 $ (2,507,559)

Total

$ 15,349,713 $ 3,215,526

8. Georgia Factory for the Blind Budget: Personal Services................................................. $4,673,528 Regular Operating Expenses....................................... $8,332,000 Travel ............................................................. $17,000 Motor Vehicle Purchases............................................. $20,000 Publications and Printing ............................................. $9,000 Equipment Purchases ............................................... $42,000 Computer Charges .................................................. $70,000 Real Estate Rentals ................................................. $30,000 Telecommunications ................................................. $30,000 Per Diem, Fees and Contracts ........................................ $66,000 Utilities ........................................................... $125,000 Postage ............................................................. $6,000 Total Funds Budgeted ........................................... $13,420,528 State Funds Budgeted .............................................. $532,586

Operations Supervision

Georgia Factory for the Blind Functional Budgets

Total Funds

$ 12,887,942

$

532,586

State Funds

$

0

$

532,586

514

JOURNAL OF THE SENATE

Total

$ 13,420,528

9. Rehabilitation Services--Disability Adjudication Budget: Personal Services. ........................................ Regular Operating Expenses Travel .................................................. Motor Vehicle 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
10. Family and Children Services Budget: Personal Services ... Regular Operating Expenses Travel .................................................. Motor Vehicle 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 W.I.N. Benefits .......................................... Benefits for Child Care SSI Supplemental Benefits 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--Eligibility County DFACS Operations--Joint and
Administration Homemakers Services Food Stamp Issuance

Total Funds 1,104,936
240,380,176 20,000
16,026,500
38,511,983 59,401,070
38,414,969 5,464,567 2,512,000

$

532,586

. $12,137,721 . . $319,679
$168,019 ......... $0
$93,322 $223,042 $780,921 .... $781,375 .... $589,857 . . $2,403,312 ......... $0 .... $357,688 . $10,059,785 . $27,914,721 ......... $0
$11,664,642 . $16,968,000
. $390,000 ......... $0 . . . . $680,500 . . . . $132,000
$12,540,000 $227,000
. $30,322,000 $912,000
...... $7,000 . $949,000
$240,380,176 $142,908,450
$886,594 . $20,154,574 . $20,000 $479,141,936 . $2,339,882 $179,817,652

State Funds 0
81,611,670 20,000 0
15,749,972 29,566,073
18,378,828 4,883,167
0

THURSDAY, FEBRUARY 12, 1987

515

Grants to Fulton County for

24-Hour Emergency Services

$

Director's Office

$

Administrative Support

$

Regional Administration

$

Public Assistance

$

Social Services

$

Program Support

$

Management Information

Systems

$

Employability Programs

$

Indirect Cost

$

Work Incentive Benefits

$

Legal Services

$

Family Foster Care

$

Institutional Foster Care

$

Specialized Foster Care

$

Adoption Supplement

$

Liability Insurance

$

Day Care

$

Psychiatric, Psychological

and Speech Therapy

$

Maternity Care

$

Return of Runaways--County

$

Home Management--Contracts

$

Outreach--Contracts

$

Special Projects

$

Total

$

Budget Unit Object Classes: Personal Services ...................... Regular Operating Expenses Travel ................................
Motor Vehicle Purchases Publications and Printing Equipment Purchases Computer Charges Real Estate Rentals ....................
Telecommunications Per Diem, Fees and Contracts Utilities ............................... Postage ...............................
Capital Outlay Grants for Regional Intensive Infant Care Grants for Regional Maternal and Infant Care Crippled Children Benefits Crippled Children Clinics Kidney Disease Benefits .............. Cancer Control Benefits

245,982 649,331 2,778,923 3,242,949 5,381,624 1,874,085 2,450,996
15,221,023 869,879 0
4,020,594 700,000
16,290,820 1,639,346
337,700 1,554,708
32,700 18,184,430
130,000 50,000 7,000 145,200 710,030 788,415 479,141,936

$

245,982

$

649,331

$ 2,308,078

$ 3,242,949

$ 1,800,328

$ 1,874,085

$ 1,801,586

$ 6,545,041

$

273,377

$ (7,781,394)

$

707,410

$

475,000

$ 10,520,368

$ 1,131,567

$

100,407

$ 1,492,652

$

32,700

$ 2,966,778

$

130,000

$

50,000

$

7,000

$

44,016

$

206,866

$

783,815

$ 179,817,652

. . . . . $142,854,505 ...... $77,103,798 ....... $3,521,329
..... $142,800 ....... $1,377,117 ...... $1,280,816 ...... $17,553,941 ....... $6,639,729 ....... $3,986,958 ...... $86,837,379 ....... $1,160,400 ....... $2,247,534 .......... $99,800 ....... $4,936,795 ....... $2,055,000 ....... $6,933,116 ......... $518,000 ......... $505,000 ....... $2,388,000

516

JOURNAL OF THE SENATE

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 ... .................................. $48,378,739

Work Incentive Benefits ............ .............................. $886,594

Benefits for Child Care .......... ............ .................. $24,476,007

Grants for Nephrology Centers ...................................... $245,000

Case Services ................................................... $19,875,785

E.S.R.P. Case Services ............................................... $50,000

SSI Supplemental Benefits

$20,000

AFDC Benefits................................................. $240,380,176

Grants to Counties DFACS for Operations

$142,908,450

Contracts with Vocational Rehabilitation

Community Facilities ........................................... $5,196,495

Contracts for the Purchase of Clotting

Factor for the Hemophilia Program

$300,000

Contract with Affirmative Industries ................................. $110,000

Institutional Repairs and Maintenance

$421,400

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 ............. ........................ $146,000

Grants to Counties for Metabolic Disorders

Screening and Testing ............................................. $47,000

Payments to DMA ............................................... $6,798,650

Contract with Housing Alternatives

$100,000

Contract with Auditory Educational Clinic

$105,000

B. Budget Unit: State Health Planning and Development

$802,969

State Health Planning and Development Budget:

Personal Services................................................... $758,039

Regular Operating Expenses........................... .............. $32,000

Travel .............................................................. $6,000

Publications and Printing ............................................. $3,000

Equipment Purchases................................................. $6,675

Computer Charges .................................................. $28,000

Real Estate Rentals ................................................ $106,000

Telecommunications ................................................. $21,000

Per Diem, Fees and Contracts ........................................ $98,785

Postage ............................................................ $10,000

Total Funds Budgeted ............................................ $1,069,499

State Funds Budgeted .............................................. $802,969

C. Budget Unit: Community Mental Health/Mental Retardation Youth Services and Institutions .................................. $372,141,992
Departmental Operations Budget: Personal Services................ .............................. $297,082,390 Regular Operating Expenses...................................... $30,426,282 Travel ............................................................ $625,100

THURSDAY, FEBRUARY 12, 1987

517

Motor Vehicle Purchases.................................... Publications and Printing ................................... Equipment Purchases ...................................... Computer Charges ......................................... Real Estate Rentals ........................................ Telecommunications ........................................ Per Diem, Fees and Contracts Utilities ................................................... Postage ................................................... Capital Outlay ............................................. Authority Lease Rentals .................................... Institutional Repairs and Maintenance Grants to County-Owned Detention Centers 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 and
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. 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

$ 31,010,624

Georgia Retardation Center

$ 27,089,089

Georgia Mental Health Institute

$ 22,618,123

Georgia Regional Hospital at Augusta

$ 14,967,102

Northwest Regional Hospital at Rome

$ 22,314,951

Georgia Regional Hospital at Atlanta

$ 24,512,936

Central State Hospital

$ 106,278,929

Georgia Regional Hospital at Savannah

$ 20,099,810

Gracewood State School and Hospital West Central Georgia Regional Hospital

$ 39,931,513 $ 12,886,854

Regional Youth Development Centers State Youth Development Centers

$ 14,594,714 $ 20,747,636

Court Services

$ 8,148,788

$874,000 $88,200 . . $2,417,514 $3,439,390 . $618,000 .. $2,495,774 $24,670,408 $14,860,738 $241,200 $814,800 . $2,237,000 .. $2,872,472 . $2,476,890 $1,085,388 . $63,390,742 $1,960,000 . . $1,678,428 $8,396,756
. . . . $582,246 . $69,474,737
$359,928 .... $249,644
$285,100 .... $246,854
$71,000 $512,558 . $16,000 $3,136,125 $15,699,811 . . . . . $34,176 $553,419,651 $1,625,000 $372,141,992
State Funds
19,965,062
13,110,262
19,568,640
13,690,926
17,524,673
19,153,760
74,236,136
17,616,641
21,424,002
10,988,639
14,303,814
20,160,222
8,148,788

518

JOURNAL OF THE SENATE

Community Treatment Centers Day Centers Group Homes Runaway Investigations Interstate Compact Purchased Services Assessment and Classification Outdoor Therapeutic Program Mental Health Community Assistance
Mental Retardation Communityy
Assistance Central Pharmacy Day Care Centers for Mentally Retarded Supportive Living Georgia State Foster Grandparents and
Senior Companion Program Project Rescue Drug Abuse Contracts Community Mental Health Ceniter
Services Uniform Alcoholism Projects Project ARC Metro Drug Abuse Centers Group Homes for Autistic Children Project Friendship Central Laboratory Community Mental Retardationn Staff Community Mental Retardationn
Residential Services Lumpkin Area Individual Livinigg, Inc. Contract with Clayton County Board of
Education for Autistic Childrreen Undistributed Total

$ 2,232,877

$

766,719

$

570,379

$

442,190

$

95,355

$ 2,702,498

$

341,981

$ 1,855,252

$ 7,327,908

$ 2,727,496

$

142,952

$ 65,350,742

$ 10,075,184

$

582,246

$

359,928

$ 1,085,388

$ 69,474,737

$

512,558

$

249,644

$ 1,528,674

$

246,854

$

285,100

$

320,808

$ 3,136,125

$ 15,699,811

$

34,176

$

71,000

$

0

$ 553,419,651

$ 2,232,877

$

766,719

$

570,379

$

442,190

$

95,355

$ 2,661,498

$

341,981

$ 1,686,663

$ 7,327,908

$ 2,029,496

$

142,952

$ 30,845,858

$ 5,946,718

$

568,000

$

196,928

$ 1,085,388

$ 29,563,125

$

486,433

$

249,644

$

655,674

$

246,854

$

285,100

$

0

$ 2,828,510

$ 10,889,001

$

34,176

$

71,000

$

0

$ 372,141,992

Section 27. Departing if Industry and Trade, A. Budget Unit: Depi ent of Industry and Trade
State Operations Budget: Personal Services Regular Operating Expleenses .................... Travel Motor Vehicle PurchasIeBsS ....................... Publications and Printiing ...................... Equipment Purchases Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Coantracts

...... $15,200,056
....... $5,692,732 $906,000
......... $312,000 ............. $0 ......... $332,000
$73,600 $148,000 ......... $461,500 $163,000 ......... $321,929

THURSDAY, FEBRUARY 12, 1987

519

Postage .................................................... Local Welcome Center Contracts ............................. Advertising ................................................. Cooperative Advertising...................................... Georgia Ports Authority Authority Lease Rentals .............. Historic Chattahoochee Commission Contract Atlanta Council for International Visitors ..................... Waterway Development in Georgia. ........................... Georgia Music Week Promotion ..............................
Payments to Georgia World Congress Center for Operating Expenses .............................
Contract--Georgia Association of Broadcasters ...........................................
Southern Center for International Studies Capital Outlay .............................................. Total Funds Budgeted ....................................... State Funds Budgeted .......................................

Department of Industry and Trade Functional Budgets

Total Funds

Administration

$ 5,987,362

Economic Development

$ 3,939,144

Tourism

$ 6,073,255

Total

$ 15,999,761

B. Budget Unit: Authorities ......................... Administration Budget: Personal Services................................. Regular Operating Expenses....................... Travel .......................................... Motor Vehicle Purchases.......................... Publications and Printing ......................... Equipment Purchases ............................ Computer Charges ............................... Real Estate Rentals .............................. Telecommunications .............................. Per Diem, Fees and Contracts ..................... Ports Authority Payments to State Treasury. 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

12,723,850

Georgia Ports Authority

61,763,371

Total

74,487,221

Section 28. Department of Insurance. Budget Unit: Office of Insurance Commissioner
Operations Budget: Personal Services. ........................

$181,000 . . $200,000 $3,650,000 ........ $0 $2,735,000 . . . . $60,000 ... $25,000
$50,000 ... $35,000
........ $0
$53,000 . $25,000
$575,000 $15,999,761 $15,200,056
State Funds 5,187,657 3,939,144 6,073,255 15,200,056
$32,797,361 $12,322,825 . $547,664 ........ $0
$160,896 . . $108,200 . $593,000 . $134,810 . $442,919 . $3,831,774 $16,415,000 . $1,564,000 . $5,523,772 . . . . $45,000 $74,487,221
State Funds
0 0 0
. . $8,555,895
. . $7,779,373

520

JOURNAL OF THE SENATE

Regular Operating Expenses .... Travel ............................. Motor Vehicle Purchases ............. Publications and Printing ............ Equipment Purchases ............... Computer Charges .................. Real Estate Rentals ................. Telecommunications ................. Per Diem, Fees and Contracts ........ Total Funds Budgeted State Funds Budgeted .............

Department of Insurance Functional Budgets

Total Funds

Internal Administration

$ 1,371,272

Insurance Regulation

$ 2,126,811

Industrial Loans Regulation

$

531,344

Information and Enforcement

$ 1,485,466

Fire Safety and Mobile Home Regulations

$ 4,171,825

Total

$ 9,686,718

... $397,380 ........ $208,000
... $208,000 ........ $135,000 ......... $51,635 ........ $214,163
$493,466 ........ $166,700 ......... $33,001 .... $9,686,718
.... $8,555,895

State Funds

$ 1,371,272

$ 2,016,988

$

531,344

$ 1,485,466

$ 3,150,825 $ 8,555,895

Section 29. Department of Labor.

Budget Unit: Department of Labor .......

State Operations:

Personal Services. ...................

Regular Operating Expenses

Travel .............................

Motor Vehicle Purchases .............

Publications and Printing ..........

Equipment Purchases. ...............

Computer Charges ..................

Real Estate Rentals

....

Telecommunications .............

Per Diem, Fees and Contracts (JTPA)

Per Diem, Fees and Contracts

W.I.N. Grants ......................

Payments to State Treasury ......

Capital Outlay ......................

Total Funds Budgeted ...............

State Funds Budgeted ...............

...... $5,441,678
.... $58,743,678 ...... $3,091,000 ........ $968,000 ............. $0 ......... $36,000 ......... $301,000
... $2,459,000 .... $2,290,811
$1,158,000 .... $56,388,000 ...... $1,747,000 ......... $260,000 ......... $400,000 ............. $0 ... $127,842,489 ...... $5,441,678

Department of Labor Functional Budgets

Total Funds

Executive Offices

$ 4,768,818

Administrative Services

$ 10,993,993

Unemployment Insurance Employment Services Field Services

$ 7,736,496 $ 3,919,019 $ 47,144,076

Job Training Partnership Total

$ 53,280,087 $ 127,842,489

State Funds

$

850,272

$

911,229

$

4,302

$

351,048

$ 3,324,827

$

0

$ 5,441,678

Section 30. Department of Law.

THURSDAY, FEBRUARY 12, 1987

521

Budget Unit: Department of Law. ..................................... $6,721,007 Attorney General's Office Budget Personal Services................................................. $5,932,820 Regular Operating Expenses......................................... $329,196 Travel ............................................................ $125,000 Motor Vehicle Purchases................................................. $0 Publications and Printing ............................................ $36,480 Equipment Purchases................................................ $20,000 Computer Charges ................................................. $122,899 Real Estate Rentals ................................................ $330,312 Telecommunications ................................................. $91,200 Per Diem, Fees and Contracts ........................................ $43,000 Books for State Library............................................. $110,000 Total Funds Budgeted ............................................ $7,140,907 State Funds Budgeted ............................................ $6,721,007

Section 31. Department of Medical Assistance. Budget Unit: Medicaid Services ..................................... $288,425,060
Departmental Operations Budget: Personal Services................................................. $8,545,688 Regular Operating Expenses......................................... $267,000 Travel ............................................................ $168,000 Motor Vehicle Purchases................................................. $0 Publications and Printing ............................................ $52,000 Equipment Purchases................................................ $97,062 Computer Charges .............................................. $10,569,708 Real Estate Rentals ................................................ $880,449 Telecommunications ................................................ $383,000 Per Diem, Fees and Contracts .................................... $12,938,000 Postage ............................................................ $88,000 Medicaid Benefits, Penalties, and Disallowances................... $918,965,144 Payments to Counties for Mental Health .......................... $13,200,000 Audits Contracts ................................................... $858,100 Total Funds Budgeted .......................................... $967,012,151 State Funds Budgeted .......................................... $288,425,060

Medical Assistance Functional Budgets

Total Funds

State Funds

Commissioner's Office

$ 1,223,664 $

481,855

Program Management

$ 16,043,320 $ 2,336,031

Administration

$ 2,237,612 $

353,369

Operations

$ 12,086,584 $ 2,658,542

Program Integrity

$ 3,255,827 $ 1,412,775

Benefits

$ 932,165,144 $ 281,182,488

Total

$ 967,012,151 $ 288,425,060

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 Purchases.......................... Publications and Printing .........................

$7,019,523
$5,236,079 . $178,910 . . $67,950 .... $0 . $202,750

522

JOURNAL OF THE SENATE

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

$ 1,909,046

Classification and Compensation

$

857,865

Program Evaluation and Audit

$

660,427

Employee Training and Development

$ 1,060,786

Health Insurance Administration

$ 8,173,325

Health Insurance Claims

$ 276,025,822

Internal Administration

$ 1,766,406

Commissioner's Office

$ 1,160,330

Undistributed

$

0

Total

$ 291,614,007

$66,791 . $1,902,307
$720,024 ..... $83,305
$28,325,131 .... $273,140 $254,557,620 $291,614,007 . . $7,019,523 $284,531,847 ..... $37,637

State Funds

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

Section 33. Department of Natural Resources.

A. Budget Unit: Department of Natural Resources ................ $63,006,956

Operations Budget:

Personal Services. .........................

. . . . $44,830,043

Regular Operating Expenses ................

.... $8,048,280

Travel ...................................

...... $486,500

Motor Vehicle Purchases ...................

$1,543,500

Publications and Printing ..................

....... $547,500

Equipment Purchases. .....................

$1,154,000

Computer Charges ........................

....... $410,500

Real Estate Rentals .......................

. . . . . $1,529,183

Telecommunications .......................

....... $817,180

Per Diem, Fees and Contracts ..............

... $1,118,500

Postage ..................................

$332,630

Land and Water Conservation Grants ....

... $3,000,000

Recreation Grants .........................

. $1,318,000

Contract with U.S. Geological Survey for

Ground Water Resources Survey ..........

....... $275,000

Contract with U.S. Geological Survey for Topographic Maps ....... $125,000

Capital Outlay--Repairs and Maintenance .

....... $972,000

Capital Outlay for Shop Stock-Parks ........

....... $300,000

Capital Outlay for Heritage Trust

...

....... $400,000

Authority Lease Rentals ...................

....... $915,000

Cost of Material for Resale ................

$1,310,000

Payments to Lake Lanier Islands

Development Authority ..................

$513,000

Contract--Special Olympics, Inc. ...........

....... $206,000

Georgia Sports Hall of Fame ...............

$300,000

THURSDAY, FEBRUARY 12, 1987

523

Capital Outlay--Heritage Trust-- Wildlife Management Area Land Acquisition
Capital Outlay from User Fee Enhancements for Parks ..................................
Capital Outlay--Buoy Maintenance Capital Outlay--Consolidated
Maintenance--Game and Fish ............................. Technical Assistance Contract Capital Outlay ............................................. Contract--Georgia Rural Water Association Grant to the Hay House Contract with the Corps of Engineers
(Cold Water Creek St. Park) Contract--Corps of Engineers
(Tybee Beach Restoration) Advertising and Promotion Payments to Georgia Agricultural
Exposition Authority Payment to Jekyll Island State
Park--Capital Outlay..................................... Payment to Stone Mountain Memorial Association--
Capital Outlay Environmental Facilities Grant Non-Game Wildlife Habitat Fund ........................... Georgia Boxing Commission ................................. Lanier Regional Committee ................................. Total Funds Budgeted Receipts from Jekyll Island
State Park Authority Receipts from Stone Mountain
Memorial Association ..................................... Indirect DOAS Funding .................................... State Funds Budgeted

$535,000
$1,300,000 . . . . $20,000
. . . $250,000 . . $125,000
$143,200 $10,000 . . . . $40,000
$188,000
. . . $747,846 . . $100,000
. . . $265,500
$200,000
$450,000 $8,150,000
$150,000 . $7,000 $263,000 $83,396,362
.... $53,750
. $315,000 $200,000 $63,006,956

Department of Natural Resources Functional Budgets

Total Funds

State Funds

Internal Administration Game and Fish

$ 6,981,747 $ 6,612,997 22,388,864 $ 19,308,423

Parks, Recreation and Historic Sites

28,374,547 $ 15,181,416

Environmental Protection

24,192,322 $ 20,514,238

Coastal Resources

1,458,882 $ 1,389,882

Total

83,396,362 $ 63,006,956

B. Budget Unit: Authorities Operations Budget: Personal Services Regular Operating Expenses Travel .................... Motor Vehicle Purchases Publications and Printing Equipment Computer Charges ......... Real Estate Rentals Telecommunications ........

$6,058,850 $3,748,200
$70,050 $22,000 . $94,100 $15,900 . $20,000 $13,950 $124,950

524

JOURNAL OF THE SENATE

Per Diem, Fees and Contracts Capital Outlay ................................... Boat Replacement Expense Payments to the Department of Natural Resources Total Funds Budgeted State Funds Budgeted ............................

Authorities Functional Budgets

Total Funds

Lake Lanier Islands Development Authority

$ 3,906,750

Jekyll Island State Park Authority

$ 6,277,350

Georgia Agricultural Exposition Authority

$

250,000

Stone Mountain Memorial Association

$

450,000

Total

$ 10,884,100

Section 34. Board of Post-Secondary Vocational Education. Budget Unit: Board of Postsecondary Vocational Education
Board of Postsecondary Vocational Education Budget: Personal Services Regular Operating Expenses.......................... Travel ............................................. Motor Vehicle Purchases............................. Publications and Printing Equipment Purchases ............................... Computer Charges .................................. Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Utilities ............................................ Area Schools........................................ Junior College Program Quick Start Program Capital Outlay ...................................... Area School Construction Teacher Retirement Teacher Health Insurance Total Funds Budgeted State Funds Budgeted ...............................

Institutions Functional Budgets

Total Funds

State Administration and Local Programs

$ 94,341,777

North Georgia VocationalTechnical School

$ 4,810,476

South Georgia VocationalTechnical School

$ 3,809,402

Total

$ 102,961,655

Section 35. Department of Public Safety.

$181,000 . $303,000 . . . $178,350 .... $53,750 $10,884,100 ........ $0

State Funds

$

0

$

0

$

0

$

0

$

0

. $90,565,227
. . $7,847,879 $1,305,592 $91,700 $29,000
..... $37,447 .... $305,400 . . . . $253,700 .... $274,829 . $104,520 .... $967,872
$919,100 . $73,917,983 . . $2,673,163
$3,708,500 ......... $0
$2,065,000 . $6,607,120 . . $1,852,850 $102,961,655
$90,565,227

State Funds 83,823,228 3,690,287 3,051,712 90,565,227

THURSDAY, FEBRUARY 12, 1987

525

A. Budget Unit: Department of Public Safety Operations Budget: Personal Services........................... Regular Operating Expenses Travel .................................... Motor Vehicle Purchases Publications and Printing Equipment Purchases Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Postage ...................................
Conviction Reports State Patrol Posts Repairs and Maintenance Driver License Processing Total Funds Budgeted Indirect DOAS Service Funding State Funds Budgeted

$61,969,301
$46,215,880 $6,105,800
$128,000 . $3,676,214
$680,000 $596,095 . $3,026,512 .... $13,000 . . . $774,200 . $182,000 $1,022,500 . . . $215,000 $180,000 . $850,000 $63,665,201 $1,650,000 $61,969,301

Public Safety Functional Budgets

Administration Driver Services Field Operations Total

Total Funds $ 7,493,851 $ 13,904,137 $ 42,267,213 $ 63,665,201

State Funds 7,447,951 12,404,137 42,117,213 61,969,301

B. Budget Unit: Units Attached for Administrative Purposes Only Attached Units Budget: Personal Services........................................... Regular Operating Expenses Travel ................................................. Motor Vehicle 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 .....................................
Capital Outlay Total Funds Budgeted State Funds Budgeted

$11,893,291
$4,441,491 . . $2,002,667 . $154,900 . . . . $154,500 .... $57,289 . $2,220,683 . . . . $236,241 . . . . $163,763 . . . . $187,893 .... $875,236 ..... $37,940 . . $2,375,000
$3,500,000 ......... $0 . $16,407,603
$11,893,291

Attached Units Functional Budgets

Office of Highway Safety Georgia Peace Officers
Standards and Training Police Academy Fire Academy

Total Funds 3,972,881
3,833,523 1,322,625
950,401

State Funds

$

247,384

$ 3,782,323

$ 1,265,223

$

851,435

526

JOURNAL OF THE SENATE

Georgia Firelighters Standards and Training Council
Organized Crime Prevention Council
Georgia Public Safety Training Facility
Total

$

398,939

$

326,147

$ 5,603,087 $ 16,407,603

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 Purchases.................................. Publications and Printing Equipment Purchases. .................................... Computer Charges ....................................... Real Estate Rentals ...................................... Telecommunications ...................................... Per Diem, Fees and Contracts Total Funds Budgeted.................................... State Funds Budgeted
Public Service Commission Functional Budgets

Administration Transportation Utilities Total

Total Funds $ 1,024,914 $ 2,326,005 $ 3,733,108 $ 7,084,027

Section 38. Regents. University System of Georgia. A. Budget Unit: Resident Instruction
Resident Instruction Budget: Regular Personal Services Sponsored Personal Services Regular Operating Expenses Sponsored Operating Expenses Office of Minority Business Enterprise Special Desegregation Programs Authority Lease Rentals .................................. Research Consortium Eminent Scholars Program ................................ Total Funds Budgeted Departmental Income Sponsored Income........................................
Other Funds

398,939
296,147
5,051,840 11,893,291
$12,644,084
.... $194,084 $12,450,000
. $12,644,084 $12,644,084
$6,620,969
$4,706,489 $158,990 $194,716
. . . . . $71,750 $24,000
. . . . . $38,450 $278,199 $247,120 $105,000
. $1,259,313 . . $7,084,027
$6,620,969
State Funds 1,024,914 1,957,397 3,638,658 6,620,969
$598,782,013
$630,834,960 $72,000,000 $162,157,208 $80,000,000
$303,513 $338,052 $14,189,169 $5,100,000 $500,000 $965,422,902 $23,000,000 $152,000,000 $188,613,589

THURSDAY, FEBRUARY 12, 1987

527

Indirect DOAS Services Funding .................................. $3,027,300 State Funds Budgeted .......................................... $598,782,013

B. Budget Unit: Regents Central Office and

Other Organized Activities ...................................... $122,875,203

Regents Central Office and Other

Organized Activities Budget:

Regular Personal Services ....................................... $162,808,899

Sponsored Personal Services ..................................... $49,528,203

Regular Operating Expenses

$68,889,258

Sponsored Operating Expenses

$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

Talmadge Hospital Capital Outlay ........................................ $0

Agricultural Experiment Station Equipment .......................... $200,000

SREB Payments ................................................. $6,181,600

Medical Scholarships ............................................... $611,750

Regents Opportunity Grants ........................................ $600,000

Regents Scholarships ............................................... $200,000

Payments to Georgia Military College ................................ $608,124

Total Funds Budgeted .......................................... $320,465,395

Departmental Income

$1,932,626

Sponsored Income............................................... $71,843,165

Other Funds ................................................... $123,258,701

Indirect DOAS Services Funding .................................... $555,700

State Funds Budgeted .......................................... $122,875,203

Regents Central Office and Other Organized Activities Functional Budgets

Total Funds

State Funds

Marine Resources Extension Center

$ 1,524,638 $ 1,000,788

Skidaway Institute of Oceanography

$ 3,024,223 $ 1,306,423

Marine Institute

$ 1,517,798 $

769,450

Georgia Tech Research Institute

$ 82,181,924 $ 10,034,160

Engineering Extension Division

$ 3,611,087 $ 1,808,387

Agricultural Experiment Station

$ 45,027,672 $ 29,077,027

Cooperative Extension Service

$ 43,520,465 $ 28,326,098

Eugene Talmadge Memorial Hospital

$ 113,568,545 $ 29,150,861

Veterinary Medicine Experiment Station

$ 2,688,501 $ 2,688,501

Veterinary Medicine Teaching Hospital

$ 2,136,034 $

414,446

528

JOURNAL OF THE SENATE

Joint Board of Family Practice
Georgia Radiation Therapy Center
Athens and Tifton Veterinary Laboratories
Regents Central Office
Undistributed
Total

$ 5,447,570

$ 1,417,911

$ 2,000,535

$ 12,798,492

$

0

$ 320,465,395

$ 5,447,570

$

0

$

53,000

$ 12,798,492

$

0

$ 122,875,203

C. Budget Unit: Georgia Public Telecommu tions Commission Public Telecommunications Commission Budge;t: Personal Services. .................... Operating Expenses Total Funds Budgeted Other Funds ......................... State Funds Budgeted ................

...... $5,848,818
$4,533,390 ...... $4,955,354 ...... $9,488,744
$3,639,926 $5,848,818

Section 39. Department of Revenue.

Budget Unit: Department of Revenue

$56,790,398

Operations Budget:

Personal Services.....................

. $36,545,681

Regular Operating Expenses

...... $1,121,782

Travel ..............................

$1,365,915

Motor Vehicle Purchases..............

......... $97,245

Publications and Printing

$2,259,945

Equipment Purchases ................

..... $382,398

Computer Charges ...................

$6,042,815

Real Estate Rentals ..................

... $2,171,050

Telecommunications

........ $580,570

Per Diem, Fees and Contracts

........ $205,595

Retirement and FICA for County Tax Officiadlss................

$1,593,000

Grants to Counties for Appraisal Staff

$1,554,610

Motor Vehicle Tags and Decals

...... $4,491,876

Postage .............................

...... $2,222,916

Total Funds Budgeted ................

$60,635,398

Indirect DOAS Services Funding

$3,845,000

State Funds Budgeted

$56,790,398

tional Budgets

Total Funds

State Funds

Departmental Administration

$ 3,791,374 $ 3,791,374

Internal Administration Electronic Data Processing Field Services Income Tax Unit Motor Vehicle Unit Central Audit Unit Property Tax Unit Sales Tax Unit Total

$ 7,218,504 $ 7,118,504 $ 3,041,924 $ 3,041,924 $ 12,012,445 $ 11,922,445 $ 6,679,660 $ 5,602,660 $ 14,897,891 $ 12,843,891 $ 5,053,604 $ 5,053,604 $ 3,933,714 $ 3,933,714 $ 4,006,282 $ 3,483,282 $ 60,635,398 $ 56,790,398

Section 40. Secretary of State.

THURSDAY, FEBRUARY 12, 1987

529

A. Budget Unit: Secretary of State ........................... Personal Services......................................... Regular Operating Expenses............................... Travel .................................................. Motor Vehicle Purchases.................................. Publications and Printing ................................. Equipment Purchases .................................... Computer Charges ....................................... Real Estate Rentals ...................................... Telecommunications ...................................... Per Diem, Fees and Contracts ............................. Election Expenses ........................................ Postage ................................................. Total Funds Budgeted .................................... State Funds Budgeted ....................................

Secretary of State Functional Budgets

Total Funds

Internal Administration

$ 2,566,251

Archives and Records

$ 4,101,357

Corporations Regulation

$ 1,773,786

Elections and Campaign Disclosure

$ 1,320,428

Securities Regulation

$ 1,329,850

Drugs and Narcotics

$

751,606

State Ethics Commission

$

47,612

State Campaign and Financial Disclosure

$

98,184

Occupational Certification

$ 6,165,121

Total

$ 18,154,195

Occupational Certification Functional Budgets

S.B. of Accountancy S.B. of Architects S.B. of Athletic Trainers Georgia Auctioneers Commission S.B. of Barbers G.B. of Chiropractic Examiners State Construction Industry
Licensing Board S.B. of Cosmetology G.B. of Dentistry

Board

Costs

$

197,605

$

55,960

$

736

$

6,022

$

9,120

$

13,040

$

65,960

$

33,660

$

53,955

G.B. of Examiners of Licensed Dieticians

12,945

S.B. of Professional Engineers and Land Surveyors

54,440

S.B. of Registration for Foresters

3,451

$18,154,195 $11,567,017 $1,407,217 . . . . . $221,156 .... $146,677 ..... $405,075 . . . . . $171,730 . . . . . $704,215
$1,846,896 .... $297,517
. . $492,518 ..... $575,000 ..... $319,177
$18,154,195 $18,154,195

State Funds $ 2,566,251 $ 4,101,357 $ 1,773,786

$ 1,320,428

$ 1,329,850

$

751,606

$

47,612

$

98,184

$ 6,165,121

$ 18,154,195

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

530

JOURNAL OF THE SENATE

S.B. of Funeral Services
S.B. of Registration for Professional Geologists
S.B. of Hearing Aid Dealers and Dispensers
G.B. of Landscape Architects
S.B. for the Certification of Librarians
Georgia Composite Board of Professional Counselors, Social Workers and Marriage and Family Therapists
Composite S.B. of Medical Examiners
S.B. of Nursing Home Administrations
G.B. of Nursing
S.B. of Dispensing Opticians
S.B. of Examiners in Optometry
S.B. of Occupational Therapy
S.B. of Pharmacy
S.B. of Physical Therapy
S.B. of Podiatry Examiners
S.B. of Polygraph Examiners
G.B. of Examiners of Licensed Practical Nurses
G.B. of Private Detective and Security Agencies
S.B. of Examiners of Psychologists
S.B. of Recreation Examiners
G.B. of Registered Professional Sanitarians
S.B. of Examiners for Speech Pathology and Audiology
S.B. of Registration for Used Car Dealers
S.B. of Registration for Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers
S.B. of Veterinary Medicine
S.B. of Examiners for Certification of Water and Wastewater Treatment Plant Operators and Laboratory Analysis
Undistributed
Total
B. Budget Unit: Real Estate Commission Real Estate Commission Budget:

18,770 $ 3,157 $ 4,297 $ 12,129 $ 2,399 $

182,374 16,584 13,022 22,437 16,366

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 $

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

5,375 $ 13,510 $

20,648 131,681

8,305 $ 39,615 $

30,652 97,115

6,160 0
1,078,396

$

101,427

$

0

$ 6,348,862

. $1,229,962

THURSDAY, FEBRUARY 12, 1987

531

Personal Services............. Regular Operating Expenses Travel ...................... Motor Vehicle Purchases Publications and Printing Equipment Purchases Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Total Funds Budgeted State Funds Budgeted
Real Estate Commission Functional Budget

Real Estate Commission

State Funds $ 1,229,962

Section 41. Georgia Student Finance Commission. Budget Unit: Georgia Student Finance Commission Administration Budget: Personal Services............................................. Regular Operating Expenses Travel ...................................................... Motor Vehicle Purchases Publications and Printing ..................................... Equipment Purchases ........................................ Computer Charges ........................................... Telecommunications .......................................... Per Diem, Fees and Contracts Payment of Interest and Fees Guaranteed Educational Loans ................................ Tuition Equalization Grants................................... Student Incentive Grants Law Enforcement Personnel Dependents' Grants North Georgia College ROTC Grants Osteopathic Medical Loans.................................... Georgia Military Scholarship Grants ........................... Academic Scholarships........................................ Total Funds Budgeted State Funds Budgeted ........................................

Georgia Student Finance Commission Functional Budgets

Total Funds

Internal Administration

$ 3,877,503

Higher Education Assistance Corporation

$

381,000

Georgia Student Finance Authority

$ 20,112,087

Total

$ 24,370,590

Section 42. Soil and Water Conservation Committee. Budget Unit: Soil and Water Conservation Committee Soil and Water Conservation Budget: Personal Services................................. Regular Operating Expenses

. . $722,462 $108,500
. $13,000 $16,000 $26,000
... $8,000 . . $178,500 . . . $50,500 . . $17,000
$90,000 $1,229,962 $1,229,962
Cost of Operations
1,224,977
$17,869,087
. $3,073,134 . . . $203,180 .... $55,800 ........ $0
$102,000 .... $25,800 . . . $257,220
. $111,900 .... $48,469
$381,000 $3,325,000 $11,467,500 . $4,790,500
$39,016 $116,000 . . . $173,711 $200,360 ........ $0 $24,370,590 $17,869,087
State Funds 0
286,000
17,583,087 17,869,087
. . . . $971,998
$663,061 .... $49,260

532

JOURNAL OF THE SENATE

Travel ................................................ Motor Vehicle Purchases................................
Publications and Printing Equipment Purchases Computer Charges ..................................... Real Estate Rentals .................................... Telecommunications Per Diem, Fees and Contracts Total Funds Budgeted .................................. State Funds Budgeted

. $48,500 .... $0 . . $21,340 . . $10,960 ... $2,000 . . $32,747 . . . $18,120 . . $126,010 . . $971,998 . . $971,998

Section 43. Teachers' Retirement System. Budget Unit: Teachers' Retirement System Departmental Operations Budget: Personal Services....................................... Regular Operating Expenses Travel ................................................ Motor Vehicle Purchases Publications and Printing Equipment Purchases Computer Charges ..................................... Real Estate Rentals .................................... Telecommunications ....................................
Per Diem, Fees and Contracts Postage ............................................... Cost-of-Living Increases for
Local Retirement System Members Floor Fund for Local Retirement Systems Total Funds Budgeted ..................................
State Funds Budgeted

$3,130,000
$2,272,877 . . . $72,000 . . . $25,000
..... $0 . . . $54,000 . . . $17,995 . . $730,000
$186,000 . . $57,000 . . $279,000 . . . $88,000
$1,950,000 $1,180,000 $6,911,872 $3,130,000

Section 44. Department of Transportation.

Budget Unit: Department of Transportation

........ $453,188,545

For Public Roads and Bridges, for Grants to Counties for Road Construction

and Maintenance, and for other transportation activities.

Departmental Operations Budget:

Personal Services.......................................

$172,969,475

Regular Operating Expenses.............................

. $47,910,319

Travel ................................................

. . $1,461,200

Motor Vehicle Purchases

. . $1,001,500

Publications and Printing

.... $855,800

Equipment Purchases. ..................................

. . $2,969,120

Computer Charges .....................................

. $2,458,041

Real Estate Rentals ....................................

. . $1,082,103

Telecommunications

. . $1,774,400

Per Diem, Fees and Contracts

. $13,206,023

Capital Outlay .........................................

$572,214,144

Grants to Counties

. . $9,317,013

Grants to Municipalities ................................

.. $9,317,000

Capital Outlay--Airport Approach Aid and

Operational Improvements

. . $1,270,000

Capital Outlay--Airport Development

$1,323,000

Mass Transit Grants ...................................

. . $7,426,563

Savannah Harbor Maintenance Payments ................

$630,000

Spoilage Area Acquisition, Clearing,

Preparation and Dike Reconstruction

$5,570,000

Total Funds Budgeted

$852,755,701

THURSDAY, FEBRUARY 12, 1987

533

State Funds Budgeted

Department of Transportation Functional Budgets

Motor Fuel Tax Budget

Total Funds

Planning and Construction

3$ 588,648,462

Maintenance and Betterments

5$ 196,937,510

Facilities and Equipment

3$ 4,663,200

Assistance to Counties

9$ 9,317,013

Administration

H$ 16,937,129

Undistributed

S$

0

Total

i$ 816,503,314

General Funds Budget

Total Funds

Grants to Municipalities

i$ 9,317,000

Paving at State and Local Schools and State Institutions

i

750,000

Paving at State Parks and Historic Sites

i

500,000

Air Transportation

i 1,802,833

Inter-Modal Transfer Facilities

i 16,482,554

Harbor Maintenance Projects

i 6,200,000

Savannah Harbor Widening

i 1.200,000

Total

f 36,252,387

Section 45. Department of Veterans Service. Budget Unit: Department of Veterans Service Departmental Operations Budget: Personal Services.......................... Regular Operating Expenses................ Travel ................................... Motor Vehicle Purchases................... Publications and Printing Equipment Purchases Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Capital Outlay Postage .................................. Central State Hospital Payments Medical College Payments ................. Projects and Insurance Expense Total Funds Budgeted State Funds Budgeted .....................

Veterans Service Functional Budgets

Total Funds

Veterans Assistance

$ 4,541,156

Veterans Home and Nursing Facility at Milledgeville

$ 9,590,653

Veterans Nursing Home at Augusta

$ 5,165,058

$453,188,545

State Funds 217,080,829 189,265,029
4,000,000 9,317,013 16,337,129
0 436,000,000 State Funds
9,317,000

$

0

i.f

0

i.P 1,322,833

if 4,718,712

iI

630,000

i 1,200,000

if 17,188,545

$16,141,024
. $3,924,485 ... $45,000
$82,000 ........ $0 .... $22,000 . $101,800 ........ $0
$200,671 $58,000 $12,000 . . $150,000 $33,000 $9,304,653 . $5,049,258 $314,000 $19,296,867 $16,141,024

State Funds 4,318,313
7,773,653
4,049,058

534

JOURNAL OF THE SENATE

Total

19,296,867 $ 16,141,024

Section 46. Workers' Compensation Board. Budget Unit: Workers' Compensation Board Operations Budget: Personal Services. ....................... Regular Operating Expenses Travel .............. ....... . ........ Motor Vehicle Purchases Publications and Printing Equipment Purchases Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Postage ................................ Total Funds Budgeted State Funds Budgeted

Workers' Compensation Functional Budgets

Total Funds

Administration

5,523,492

Vocational Rehabilitation

576,864

Total

6,100,356

$6,065,356
$4,801,356 ... $95,000 ... $58,000 ....... $0 ... $58,000 ... $30,000 .. $230,000 .. $508,000 ... $87,000 . $153,000 ... $80,000 $6,100,356 $6,065,356
State Funds 5,488,492
576,864
6,065,356

Section 47. State of Georgia General Obligation Debt Sinking Fund. A. Budget Unit: State of Georgia General Obligation Debt
Sinking Fund (Issued)....................................... $257,516,432

B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (New) ....................:..................... $48,376,900
Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, the amount as shown for the specific projects is specifically appropriated for the purpose shown through the issuance of not more than the amount listed in principal amount of General Obligation Debt:

Project Appalachian Highway Corridor Z and 1-75 Water and Sewer Construction Project Central Energy Plant Extension Cattle Farm in Toombs County ACMI Medical/Surgical Unit Food Service Building Gracewood State School and Hospital Detention Facility--Augusta YDC Skilled Nursing Facility--Veterans Service Parking Facility for Georgia World Congress Center Little Ocmulgee Lodge and Conference Center New Hotel and Facilities at Stone Mountain Park Jekyll Island Tennis Center/Water Fun Park Buford Prison Chattooga Prison Probation Detention Center, Atlanta Advancement Center
and Parole Halfway House University of Georgia Biosciences Center Public Libraries Construction and Equipment Office Building for Department of Labor

Principal Amount 45,000,000 20,100,000 7,000,000 1,655,000 1,515,000 3,340,000
800,000 2,250,000 2,130,000 2,100,000 23,500,000 4,600,000 20,000,000 23,000,000

Debt Service $ 10,800,000 4,811,000 1,680,000
165,500 363,600 801,600 192,000 540,000 511,200 504,000 2,350,000 460,000 2,000,000 2,300,000

14,380,000 24,500,000 20,226,000 19,250,000

1,438,000 2,450,000 2,022,600 1,925,000

THURSDAY, FEBRUARY 12, 1987

535

Agricenter Construction in Houston County Murray Road Extension in Richmond County Fine Arts Building at North Georgia College Railroad Relocation at Montezuma Office Building for Department of Labor Developmental Highways Sandy Creek Park/Red Top Mountain Park/Park Land
Acquisition in North Georgia Design Funds for Parking Lot

4,300,000 23,400,000
525,000 2,260,000 8,750,000 9,000,000
8,000,000 700,000

430,000 5,616,000
126,000 542,400 2,100,000 2,160,000
1,920,000 168,000

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 for 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, $10,000 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 starring 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 ................................................... $577,217 Data Processing Service.......................................... $35,110,664 Motor Vehicle Services ........................................... $2,489,048

536

JOURNAL OF THE SENATE

Communication Services ......................................... $29,588,052 Printing Services ................................................. $5,349,250
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.
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.
One hundred 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 pro grams. Any system which receives more funds for special education under QBE than would have been received under APEG calculation shall not receive any of the 90 percent hold harmless funds. Subject to the 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.
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 SFY 1987 on the basis of oneeighteenth of the total appropriation for each Area Planning and Development area served, subject to the provisions 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 SFY 1987 that it contributed during SFY 1986.
Provided, that for the above appropriations relative to equalization grants authorized under Code Section 20-2-165, the grant to each system which serves under contract all of

THURSDAY, FEBRUARY 12, 1987

537

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 reduced 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 student 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 $1,156.52. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act.

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-ofliving 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), $60,000 is designated and committed to the Ware County Commission for the County General Fund for road maintenance and $30,000 of the Ware County Grant is intended for the Southern Forest World.

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 of 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

Standards of Need
$202 306 366 432 494

Maximum Monthly Amount
$141 214 256 302 346

538

JOURNAL OF THE SENATE

6

536

375

7

580

406

8

616

431

9

648

454

10

694

486

11

742

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 benefit funds, not to exceed $300,000, 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 $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 public 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

THURSDAY, FEBRUARY 12, 1987

539

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 teenage foster children 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 and Alcohol and Drug Regional Services, agency in come, excluding Federal grants where prohibited, shall be expended first to cover expenses for local programs, excepting private gifts, donations and proceeds of local fund-raising ac tivities, 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 of 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 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, $25,000 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 and 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 $125,000 each to the Department of Corrections to pro vide appropriate security coverage for inmate labor at these Hospitals.
Provided, however, that the Georgia State Financing and Investment Commission is authorized and directed to utilize up to $462,000 in existing revenues to renovate Building 809 at Northwest Regional Hospital for a 20-bed long-term treatment unit for acute emo tionally 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 revenues for reroofing projects at Southwestern and Atlanta Regional Hospitals.

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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 appropriate legislative committees concerning the need to concentrate responsibility for all building in spections, including elevator and boiler inspections, 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. The State Auditor shall report the instances of payments of penalties and disallowances in the Medicaid and AFDC programs.
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 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 the last five months of State Fiscal Year 1987 shall not exceed three and seventy-five one hundredth^ percent (3.75%).
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 with 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-

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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 r<> of the total construction cost of any project.
With respect to the Legal Services Program for inmates, lawyers, law students and em ployees 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 Probation Division 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 Institutional 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 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

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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 Vi r<i 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 Vt 'V 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, $4,050,001 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, Georgia Student Finance Commission. From the appropriation in Section 41 relative to Educational Loans, an amount not to ex ceed $14,000 may be used to provide stipends for training recruitment, teacher and coun selor 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

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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) 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.
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 planning, 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 $6,525,000 for the purpose of providing operating funds for the State physical health laboratories ($125,000 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-

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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 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

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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 Report submitted to the General Assembly at the 1984 regular session, except as otherwise specified in this Act; provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit between objects, programs and activities subject to the conditions that no funds whatsoever shall be trans ferred 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 transferred between object classes without the prior ap proval 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 budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropria tions 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, com mission, institution or other agency of this State are in violation of this Section or in viola tion of any amendments properly approved by the Director of the Budget. The State Audi tor shall regard expenditures of no more than 102% of each common object class, as defined herein, as not being in violation of object class authorization. For purposes of this section, the term "common object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publication and Printing, Equip ment Purchases, Computer Charges, Real Estate Rentals and Telecommunications.
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 within the Budget Unit, and shall supersede the object classification shown in the Governor's Budget Report.
For the Legislative Branch Budget, all transfers shall require prior approval of at least eight members of the Legislative Services Committee in a meeting of such Committee, ex cept that no approval shall be required for transfers within the Senate Functional Budget or the House Functional Budget.
Section 85. 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 re-appropriated by the Georgia General Assembly. This provision shall not apply to project grant funds not appropriated in this Act.
Section 86. 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 87. Delayed Hiring Factor by Department.
Dept. of Administrative Services .......................................... $2,200 Dept. of Corrections.................................................. $1,564,000 Georgia Bureau of Investigation .......................................... $29,400 Department of Human Resources--"A" ................................... $20,923 Dept. of Public Safety.................................................. $585,000 Public Service Commission ............................................... $2,140 Public Telecommunications Commission .................................. $18,415 Secretary of State........................................................ $2,410 All Other Budget Units ..................................................... $0

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Section 88.

Employee Termination Fund

$3,050,547

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 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 of the Board of Regents, except the Georgia Public Telecommunications Commission.

Section 89. 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 Invest ment 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 90. TOTAL STATE FUND APPROPRIATIONS
State F.Y. 1987 ................................................. $5,409,661,303
Section 91. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 92. All laws and parts of laws in conflict with this Act are repealed."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Gillis of the 20th offered the following amendment:

Amend the substitute to HB 225 offered by the Senate Committee on Appropriations by inserting after line 12 on page 76 the following:
"Provided that the Department of Corrections or its successor agency is specifically prohibited from ever constructing or operating a prison on the property of which acquisition is contemplated in the immediately-preceding General Obligation Bond authorization."

On the adoption of the amendment, the yeas were 35, nays 1, and the amendment was adopted.

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

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

Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell Crumbley

Dawkins Deal Dean Echols Edge English Engram

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

Land Langford McGill McKenzie Newbill Olmstead Peevy Perry Phillips Ragan Ray

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

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

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

Senator Ragan of the 10th introduced Marlessa Ball, the reigning Miss Georgia, who, pursuant to SR 107, adopted previously, briefly addressed the Senate.

Senator Gillis of the 20th introduced Honorable Roy Rowland, United States Represen tative from Georgia's 8th Congressional District, who briefly addressed the Senate.

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

SB 216. By Senator Kidd of the 25th:
A bill to amend Code Section 7-1-620 of the Official Code of Georgia Annotated, which contains definitions under the law relating to regional interstate banking, so as to include Maryland and the District of Columbia within the definition of "Southern Region states"; 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
Brannon Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols Edge English

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

Newbill Olmstead Peevy Perry Phillips Ragan Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Tolleson Turner Tysinger Walker

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Those not voting were Senators:

Barker

Bowen

Timmons

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

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

Senator Kidd of the 25th moved that SB 216 be immediately transmitted to the House.

On the motion, the yeas were 30, nays 0; the motion prevailed, and SB 216 was immedi ately transmitted to the House.

SB 170. By Senator Kidd of the 25th:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, Title 36 of the Official Code of Georgia Annotated, relating to local gov ernment, and Title 45 of the Official Code of Georgia Annotated, relating to pub lic officers, so as to change requirements and procedures regarding the filling of vacancies in the offices of clerk of the superior court, judge of the probate court, county surveyor, and coroner.

The Senate Committee on Governmental Operations offered the following substitute to SB 170:

A BILL
To be entitled an Act to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to change certain requirements and procedures regarding the filling of vacancies in the offices of clerk of the superior court and judge of the probate court; to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to change certain requirements and procedures relating to the filling of vacancies in the office of county surveyor; to amend Title 45 of the Official Code of Georgia Annotated, relat ing to public officers and employees, so as to change certain requirements and procedures relating to the filling of vacancies in the office of coroner; to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to authorize the appoint ment of chief deputy tax receivers, collectors, or commissioners; to provide for requirements and procedures relating to the filling of vacancies in the offices of tax receiver, collector, or commissioner; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by striking subsection (c) of Code Section 15-6-56, relating to filling vacancies in the office of clerk of the superior court, and inserting in its place a new subsection (c) to read as follows:
"(c) In any county in which the position of chief deputy clerk has been created by law or in which a chief deputy clerk has been appointed pursuant to Code Section 15-6-59, the chief deputy clerk shall succeed the clerk of the superior court if a vacancy occurs in the manner provided for in this subsection. Such vacancies shall be filled as follows:
(1) If the vacancy occurs during the final 27 months of a term of office, the chief deputy clerk shall fill such vacancy for the remainder of the unexpired term of office; or
(2) If the vacancy occurs at any time prior to the time specified in paragraph (1) of this subsection, the chief deputy clerk shall fill such vacancy until such vacancy is filled for the unexpired term of office at the next general election.
The provisions of this subsection shall only be applicable to the clerk of the superior court and shall not be applicable to other county officers."
Section 2. Said title is further amended by striking Code Section 15-9-11.1, relating to

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549

filling of vacancies in the office of judge of the probate court, and inserting in its place 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 and said chief clerk meets all qualifications for the office of probate judge, the chief clerk of the probate judge shall succeed to the office of the judge of the probate court if a vacancy occurs. The chief clerk of the probate judge shall receive no additional compensation for performing the duties of such judge except in cases where the chief clerk has succeeded to the office of such judge as provided in this subsection, 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.
(b) Vacancies in the office of judge of the probate court shall be filled as follows:
(1) If the vacancy occurs during the final 27 months of a term of office, the chief clerk shall fill such vacancy for the remainder of the unexpired term of office; or
(2) If the vacancy occurs at any time prior to the time specified in paragraph (1) of this subsection, the chief clerk shall fill such vacancy until such vacancy is filled for the unexpired term of office at the next general election.
(c) If the chief clerk meets all qualifications for the office of probate judge, the chief clerk shall temporarily assume the duties of the probate judge until such incapacity or in ability is removed or for the remainder of the unexpired term of office, whichever occurs first."
Section 3. Title 36 of the Official Code of Georgia Annotated, relating to local govern ment, is amended by striking subsection (a) of Code Section 36-7-3, relating to filling vacan cies in the office of county surveyor, and inserting in its place a new subsection (a) to read as follows:
"(a) Whenever an election fails to fill the office of county surveyor, the judge of the probate court shall appoint a person to serve as the county surveyor until the next general election and until a successor is duly elected in the election to serve out the remainder of the unexpired term of office."
Section 4. Said title is further amended by striking subsection (a) of Code Section 4516-2, relating to filling of vacancies in the office of coroner, and inserting in its place a new subsection (a) to read as follows:
"(a) Whenever an election fails to fill the office of coroner, the judge of the probate court shall appoint a person to serve as the coroner until the next general election and until a successor is duly elected in the election to serve out the remainder of the unexpired term of office."
Section 5. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by striking subsection (a) of Code Section 48-5-211, relating to filling vacancies in the offices of tax receiver, tax collector, or tax commissioner, and inserting in its place a new subsection (a) to read as follows:
"(a) In any county in which a deputy chief tax receiver, deputy chief tax collector, or deputy chief tax commissioner has not been appointed as provided in this chapter, as soon as a vacancy occurs in the office of county tax receiver, tax collector, or tax commissioner, the judge of the probate court shall appoint a qualified person to discharge the duties of such officer until the vacancy is filled."
Section 6. Said title is further amended by adding a new Code Section immediately following Code Section 48-5-211, to be designated Code Section 48-5-212, to read as follows:
"48-5-212. (a) Except as otherwise provided in Code Section 48-5-100.1 and Code Sec tion 48-5-128.1, the tax receiver, tax collector, or tax commissioner of any county shall be authorized to appoint a chief deputy tax receiver, chief deputy tax collector, or chief deputy tax commissioner, provided that such person has met the same training requirements as

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enumerated in Code Section 48-5-126.1. Such chief deputy shall have the duties prescribed by the appointing tax official and the authority prescribed in this Code section.
(b) Any such chief deputy who meets all of the qualifications for office of the appointing tax official shall succeed to the office if a vacancy occurs. Such chief deputy shall receive no additional compensation for performing such duties except in cases where such chief deputy has succeeded to the office of such appointing tax official as provided in this subsection, in which case such chief deputy shall receive the same compensation, paid in the same manner, as such appointing tax official would have received.
(c) In any county in which such chief deputy has been appointed, vacancies in the office of tax receiver, tax collector, or tax commissioner shall be filled as follows:
(1) If the vacancy occurs during the final 27 monthb of a term of office, such chief deputy shall fill such vacancy for the remainder of the unexpired term of office; or
(2) If the vacancy occurs at any time prior to the time specified in paragraph (1) of this subsection, such chief deputy shall fill such vacancy until such vacancy is filled for the unexpired term of office at the next general election.
(d) If such chief deputy meets all the qualifications for the office of the appointing tax official, such chief deputy shall temporarily assume the duties of such office until such inca pacity or inability is removed or for the remainder of the unexpired term of office, which ever occurs first."
Section 7. 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 SB 170 offered by the Senate Committee on Governmental Operations by adding after the semicolon on line 5 of page 1 the following:
"to change provisions relating to appointment of clerks by probate judges;".
By striking all matter on lines 6 through 13 of page 3 and inserting in lieu thereof the following:
"'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 and said chief clerk meets all qualifications for the office of probate judge, the person serving as chief clerk at the time of occurrence of a vacancy in the office of probate judge shall succeed to the office of the judge of the probate court."
By renumbering Sections 3 through 6 as Sections 4 through 7, by striking existing Sec tion 7 in its entirety, and by inserting in the appropriate places new Sections 3 and 8 and 9 to read as follows:
"Section 3. Said title is further amended by striking subsection (a) of Code Section 159-36, relating to clerks of probate courts, and inserting in its place a new subsection (a) to read as follows:
'(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. 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.' "
"Section 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval; and shall apply to any vacancy existing on or aris ing after such effective date.
Section 9. All laws and parts of laws in conflict with this Act are repealed."

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551

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

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

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

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

Those voting in the affirmative were Senators:

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

Edge English Engram Fincher Foster Garner Gillis Harris Harrison Hine Howard Hudgins Huggins Kennedy Kidd Land Langford McGill

McKenzie Newbill Olmstead Peevy Perry Phillips Ragan Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tolleson Turner Tysinger Walker

Not voting were Senators Tate and Timmons.

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

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

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

SB 41. By Senator Barnes of the 33rd:
A bill to amend Chapter 1 of Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations in general, so as to provide that it shall be unlawful for any employer or the agent of such employer to discharge, disci pline, or otherwise penalize 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.

Senator Barnes of the 33rd offered the following amendment to SB 41:

By adding after "proceedings." on page 3, line 4, the following:
"(b) This Act shall not apply to an employee who is charged with a crime, nor shall it prohibit an employer from requiring an employee to abide by regulations requiring reasona ble notification to an employer of the employee's expected absence or delay in reporting to work in order to attend a judicial proceeding."
and

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By further amending on page 1, line 17, by adding after "court;" the following:
"to provide that this Act shall not apply to an employee charged with a crime and to allow an employer to require notification;".

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

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

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

Those voting in the affirmative were Senators:

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

Edge English Engram Foster Garner Gillis Harris Harrison Hine Howard Hudgins Huggins Land Langford McGill McKenzie

Newbill Olms tead Peevy Perry Phillips Ragan Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Timmons Tolleson Turner Tysinger

Those not voting were Senators:

Bowen Fincher

Kennedy (presiding) Kidd

Tate Walker

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

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

The following general bill of the Senate, having been read the third time and passed on February 9, and reconsidered February 11, was put upon its passage:

SB 173. By Senator Hine of the 52nd:
A bill to amend Code Section 40-5-53 of the Official Code of Georgia Annotated, relating to transmission by courts to the Department of Public Safety of sus pended drivers' licenses and reports of traffic convictions, so as to provide that the twenty-five cents fee paid to court clerks for transmitting reports of traffic convictions shall, in cases where the clerk of court is compensated on a salary basis, be the property of the county or municipality operating the court unless expressly provided otherwise by local law.

THURSDAY, FEBRUARY 12, 1987

553

Senator Barnes of the 33rd offered the following amendment to SB 173:

By adding on page 2, line 12, after "clerk." the following:
"Section 2. This Act shall apply only to counties having a population of 300,000 or less by the 1980 census or any such future census."
and
By renumbering Section 2 on page 2, line 13, "Section 3".

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

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Brannon Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell Crumbley Deal Dean Echols Edge

English Engram Foster Garner Gillis Harris Harrison Hine Howard Hudgins Huggins Land Langford McGill Newbill

Olmstead Peevy Perry Phillips Ragan Ray Scott of 36th Shumake Starr Stumbaugh Tate Timmons Tolleson Turner Tysinger

Those not voting were Senators:

Barker Bowen Dawkins

Fincher Kennedy (presiding) Kidd

McKenzie Scott of 2nd Walker

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

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

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

HB 11. By Representatives Walker of the 115th and Groover of the 99th:
A bill to amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, so as to provide for an administrative offset as sessment on wages of certain employers; to provide for a method of payment and collection of assessments; to provide for rules of the Commissioner of Labor; to provide for initial assessments of employers.
Senate Sponsor: Senator Edge of the 28th.

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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
Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean

Echols Edge English Engram Foster Garner Gillis Harris Harrison Hine Howard Hudgins Huggins Land Langford McGill

McKenzie Newbill Olmstead Peevy Perry Phillips Ragan Ray Scott of 36th Shumake Stumbaugh Tate Timmons Tolleson Turner Tysinger

Those not voting were Senators:

Barker Fincher Kennedy (presiding)

Kidd Scott of 2nd

Starr Walker

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

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

Senator Dawkins of the 45th moved that HB 11 be immediately transmitted to the House.

On the motion, the yeas were 33, nays 0; the motion prevailed, and HB 11 was immedi ately transmitted to the House.

SR 22. By Senators Barnes of the 33rd, Dean of the 31st, McKenzie of the 14th and Crumbley of the 17th:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the establishment, jurisdiction, operation, and financing of investigative grand juries and trial juries in the judi cial circuits and to provide for procedures and other matters related thereto; 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 II of the Constitution is amended by adding at the end thereof a new Paragraph IX to read as follows:
"Paragraph IX. Special trial districts. The Supreme Court may designate special trial districts upon the petition of the Attorney General or an affected district attorney. A special trial district shall include all counties within a multicounty judicial circuit or a single county judicial circuit when joined, by order of the court, with a contiguous circuit. The Supreme

THURSDAY, FEBRUARY 12, 1987

555

Court may provide for the impaneling of special investigative grand juries and trial juries which shall be drawn from and have jurisdiction throughout the special trial district. The General Assembly shall provide by law for the operation and financing of the investigative grand juries and trial juries."

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 for the establishment, jurisdiction, operation, and financing of investigative grand juries and other matters relative thereto in the judicial circuits?"

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 Special Judiciary offered the following substitute to SR 22:

A RESOLUTION

Proposing an amendment to the Constitution so as to provide for the establishment, jurisdiction, operation, and financing of investigative grand juries and trial juries in the judi cial circuits and to provide for procedures and other matters related thereto; 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 II of the Constitution is amended by adding at the end thereof a new Paragraph IX to read as follows:

"Paragraph IX. Special trial districts. The Supreme Court may designate special trial districts upon the petition of the Attorney General or an affected district attorney. A special trial district shall include all counties within a multicounty judicial circuit or a single county judicial circuit when joined, by order of the court, with a contiguous circuit. The Supreme Court may provide for the impaneling of special investigative grand juries and trial juries which shall be drawn from and have jurisdiction throughout the special trial district. The General Assembly shall provide by law for the operation, jurisdiction, and financing of the investigative grand juries and trial juries."

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 for the establishment, jurisdiction, operation, and financing of investigative grand juries and othsr matters relative thereto in the judicial circuits?"

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

Senator Crumbley of the 17th offered the following amendment:

Amend the substitute to SR 22 offered by the Senate Committee on Special Judiciary by deleting lines 9, 10, and 11 of Section 2 and substituting in lieu thereof the following:
"of special trial districts for grand juries and trial juries so as to include all counties within a judicial circuit or single county circuits with a contiguous circuit?"

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

Senators Edge of the 28th and Coverdell of the 40th offered the following amendment:

Amend the substitute to SR 22 offered by the Senate Committee on Special Judiciary by adding on page 1 after the word "thereto;" on line 5, the words:
"and to authorize the General Assembly to provide by law for statewide investigative grand juries;"
and by adding after the word "juries." on page 1, line 25, the words:
"The General Assembly may also provide by law procedures for impaneling from time to time statewide investigative grand juries and such law may provide for the operation, jurisdiction, and financing of any such statewide investigative grand jury."
and by adding in Section 2 after the word "circuits?" on line 11, the words:
"and to authorize the General Assembly to provide by law for statewide investigative grand juries?".

On the adoption of the amendment, Senator Burton of the 5th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Burton Coverdell Edge

Harrison Land Newbill Phillips

Stumbaugh Tolleson Tysinger

Those voting in the negative were Senators:

Allgood Baldwin Barker Barnes Bowen BrBB>rrrooawnunnnoonofcf 44x<67?tthuh Bryant
Coleman Crumbley Dawkins Deal Dean

Echols English Engram Foster Garner HGuHiialnlriersis Howard
Huggins Kidd Langford McGill McKenzie

Olmstead Peevy Perry Ragan ^ SQ,,Sccoo.tt.tt ooftf, 023,,,,n6.dt,,h Shumake
Starr Tate Timmons Turner Walker

Those not voting were Senators:

Fincher

Hudgins

Kennedy (presiding)

THURSDAY, FEBRUARY 12, 1987

557

On the adoption of the amendment, the yeas were 11, nays 41, and the amendment offered by Senators Edge of the 28th and Coverdell of the 40th to the committee substitute to SR 22 was lost.

On the adoption of the substitute, the yeas were 43, nays 0, and the substitute was adopted as amended.

The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to as amended.

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes
Bowen Brannon Broun of 46th BnBBruroyrwtaonnnt, of 47th Coleman Coverdell Crumbley Dawkins Deal Dean Echols

Edge English Engram Foster Garner
Gillis Harris Harrison H,,.ine Howard Huggins Kidd Land Langford McGill McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan
Ray Scott of 2nd Scott of 36th ,,S,humak, e Starr Stumbaugh Tate Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Fincher

Hudgins

Kennedy (presiding)

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

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

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

SB 139. By Senator McKenzie of the 14th:
A bill to amend an Act providing for the election of the Board of Commissioners of Schley County, as amended, so as to provide for the election of the chairman and members of the Board of Commissioners of Schley County from districts; to describe the commissioner districts; to change the compensation of the chairman and members of the board of commissioners.

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JOURNAL OF THE SENATE

The House substitute to SB 139 was as follows:
A BILL
To be entitled an Act to amend an Act providing for the election of the Board of Com missioners of Schley County, approved February 5, 1951 (Ga. L. 1951, p. 2229), as amended, so as to provide for the election of the chairman and members of the Board of Commission ers of Schley County from districts; to describe the commissioner districts; to change the compensation of the chairman and members of the board of commissioners; 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. An Act providing for the election of the Board of Commissioners of Schley County, approved February 5, 1951 (Ga. L. 1951, p. 2229), as amended, is amended by strik ing Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows:
"Section 1. (a) For the purpose of electing the members of the board of commissioners, Schley County shall be divided into five commissioner districts as follows:
Commissioner District No. 1
The northwest quadrant of Schley County which is bounded as follows:
North by the Schley County line; East by the centerline of U.S. Highway 19 to a point where such highway intersects Railroad Street, then South by the centerline of Railroad Street to a point where such street intersects Buena Vista Street, then West by the centerline of Buena Vista Street to a point where such street intersects Maple Drive, then South and East by the centerline of Maple Street to a point where such street intersects Railroad Street, then by the centerline of Railroad Street; South by the centerline of State Route 26; and West by the Schley County line.
Commissioner District No. 2
The northeast quadrant of Schley County which is bounded as follows:
North by the Schley County line; East by the Schley County line; South by the centerline of State Route 26; and West by the centerline of Railroad Street to a point where such street intersects Maple Street, then West and North by the centerline of Maple Street to a point where such street intersects Buena Vista Street, then East by the centerline of Buena Vista Street to a point where such street intersects Railroad Street, then North by the cen terline of Railroad Street to a point where such street intersects U.S. Highway 19, then by the centerline of U.S. Highway 19.
Commissioner District No. 3
The southeast quadrant of Schley County which is bounded as follows:
North by the centerline of State Route 26; East by the Schley County line; South by the Schley County line; and West by the centerline of U.S. Highway 19.
Commissioner District No. 4
The southwest quadrant of Schley County which is bounded as follows:
North by the centerline of State Route 26; East by the centerline of U.S. Highway 19; South by the Schley County line; and West by the Schley County line.
Commissioner District No. 5
The entire geographic area of Schley County.
(b) There shall be elected one commissioner from each commissioner district described in subsection (a) of this section, and the commissioner from Commissioner District No. 5 shall be the chairman of the board of commissioners. Each commissioner shall be elected by a majority of the qualified electors voting within each respective commissioner district. In

THURSDAY, FEBRUARY 12, 1987

559

order to be eligible for election as a commissioner, a candidate for such office must, at the time such candidate qualifies to seek election, reside within the commissioner district for which such candidate is seeking election.
(c) The first members of the board of commissioners elected to represent the commis sioner districts provided for in subsection (a) of this section shall be elected as provided in this section. At the primary and general elections held in 1988, commissioners shall be elected to represent commissioner districts 2, 3, and 5. Commissioners elected in 1988 shall take office on the first business day of January, 1989, for terms of four years and until their successors are elected and qualified. At the primary and general elections held in 1990, com missioners shall be elected to represent commissioner districts 1 and 4. Commissioners elected in 1990 shall take office on the first business day of January, 1991, for terms of four years and until their successors are elected and qualified. Successors to the first members elected under this section and future successors shall be elected at the general election im mediately preceding the expiration of the respective terms of office and shall take office on the first business day of January immediately following their election for terms of four years and until their successors are elected and qualified.
(d) The chairman of the board of commissioners shall be compensated in the amount of $100.00 per month. Each other member of the board of commissioners shall be compensated in the amount of $50.00 per month."
Section 2. Each member of the Board of Commissioners of Schley County on the effec tive date of this Act shall remain in office until the expiration of the term of office to which he was elected and until his successor is elected and qualified as provided in this Act.
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.

Senator McKenzie of the 14th moved that the Senate agree to the House substitute to SB 139.

On the motion, the yeas were 41, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 139.

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

SR 79. By Senators Stumbaugh of the 55th, Holloway of the 12th, Starr of the 44th and others:
A resolution to form the Joint House and Senate Government Competition with Private Enterprise Study Committee to identify and study governmental activi ties that may be in competition with the private sector and to study the desira bility of contracting out government services to the private sector.

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 Broun of 46th Brown of 47th

Bryant Burton Coleman Coverdell

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JOURNAL OF THE SENATE

Crumbley Deal Dean Echols Edge English Engram Foster Gillis Harris Hine

Howard Huggins Kidd Land Langford McGill McKenzie Newbill Olmstead Peevy Perry

Phillips Ragan Ray Scott of 2nd Shumake Starr Stumbaugh Tate Turner Tysinger Walker

Those not voting were Senators:

Bowen Dawkins Fincher Garner

Harrison Hudgins Kennedy (presiding)

Scott of 36th Timmons Tolleson

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

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

SB 98. By Senators Foster of the 50th and Deal of the 49th:
A bill to amend Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions pertaining to health, so as to provide for the mark ing of all dentures and other removable dental prostheses with the name or social security number of the intended wearer; to provide for the method and manner of such markings; to provide for exceptions.

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

On the passage of the 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 Coverdell Crumbley Dawkins Deal Dean

Echols Edge English Engram Foster Gillis Harris Hine Howard Huggins Kidd Land McGill McKenzie

Newbill Olmstead Peevy Perry Phillips Ragan Ray Scott of 2nd Starr Stumbaugh Tate Turner Tysinger Walker

Those not voting were Senators:

Bowen Coleman

Fincher Garner

Harrison Hudgins

THURSDAY, FEBRUARY 12, 1987

561

Kennedy (presiding) Langford

Scott of 36th Shumake

Timmons Tolleson

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

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

SB 182. By Senators Bryant of the 3rd, Perry of the 7th, Phillips of the 9th and others:
A bill to amend Code Section 38-2-279 of the Official Code of Georgia Annotated, relating to the rights of public officers and employees absent on military duty as members of the organized militia or reserve forces, so as to change the provisions relative to the pay of public officers and employees while engaged in the perform ance of ordered military duty.

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

On the passage of the 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 Coleman Crumbley Dawkins Deal

Dean Echols Edge English Foster Gillis Harris Hine Howard Huggins Kidd Land McGill

McKenzie Peevy Perry Phillips Ragan Ray Scott of 2nd Starr Stumbaugh Turner Tysinger Walker

Those voting in the negative were Senators:

Coverdell Engram

Langford Newbill

Olmstead Tate

Those not voting were Senators:

Bowen Brannon Fincher Garner

Harrison Hudgins Kennedy (presiding) Scott of 36th

Shumake Timmons Tolleson

On the passage of the bill, the yeas were 38, nays 6.

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

SB 99. By Senators Crumbley of the 17th, Starr of the 44th, Howard of the 42nd and others:
A bill to amend Article 2 of Chapter 14 of Title 9 of the Official Code of Georgia Annotated, relating to habeas corpus procedure for persons under sentence of a state court of record, so as to provide that proceedings on a petition challenging the legality of a sentence of death imposed by a state court of record may be

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JOURNAL OF THE SENATE

transferred after filing and service to the county in which the sentence was imposed.
The Senate Committee on Special Judiciary offered the following substitute to SB 99:
A BILL
To be entitled an Act to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide that a request for judicial assistance may be made in death penalty habeas corpus cases to the court in which the sentence was imposed; to pro vide that habeas corpus proceedings in death penalty cases may be held at the place of detention when required for security reasons; to provide exceptions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by striking in its entirety subsection (b) of Code Section 15-1-9.1, relating to re questing judicial assistance from other courts, and inserting in its place a new subsection (b) to read as follows:
"(b) The chief judge of any court of this state may make a written request for assis tance to the chief judge of any other court, a senior judge of the superior court, a retired judge, or a judge emeritus of any court. The request by the chief judge may be made if one of the following circumstances arises:
(1) A judge of the requesting court is disqualified for any cause from presiding in any matter pending before the court;
(2) A judge of the requesting court is unable to preside because of disability, illness, or absence;
(3) A majority of the judges of the requesting court determines that the business of the court requires the temporary assistance of an additional judge or additional judges; or
(4) A petition for habeas corpus is filed in the requesting court by a person under a conviction for which a sentence of death has been imposed and a majority of the judges of the requesting court determines that said petition cannot be disposed of expeditiously with out the assistance of an additional judge, provided that a request for assistance under this paragraph shall be made to the chief judge of the court in which the case resulting in the death sentence was tried and that, where possible, the judge who presided over such case shall be designated to preside in the habeas corpus proceeding."
Section 2. Said title is further amended by striking in its entirety Code Section 15-6-17, relating to the time and place of holding superior court, and inserting in its place a new Code Section 15-6-17 to read as follows:
"15-6-17. One or more of the judges of the superior courts must hold the superior court of each circuit at the county site and courthouse, if any, of each county in the respective judicial circuit or at some other place at the county site designated by law not less than twice each year, at such times as are prescribed by the General Assembly; provided, how ever, that, in any county in which a state correctional institution, county correctional insti tution, or jail is located, one or more judges of the superior court of such county shall be authorized to conduct habeas corpus and other nonjury proceedings pursuant to Article 2 of Chapter 14 of Title 9 involving inmates of such state correctional institution, county correc tional institution, or jail in a suitable room at the institution. Nothing in this Code section shall be construed or interpreted to require any judge to conduct habeas corpus and other nonjury proceedings at such state or county correctional institution or jail, except that, if a petition for habeas corpus is filed by a person under a conviction for which a sentence of death has been imposed and the state or county official having custody of such person certi fies to the court that a significant security risk will exist in transporting the person from the facility where the person is being detained to the usual place for holding court, the court

THURSDAY, FEBRUARY 12, 1987

563

shall conduct all hearings in the case at the place of detention unless the court enters an order that no suitable place for holding a hearing is available at the place of detention or that it is the judgment of the court that no significant security risk exists. If the court so rules, the hearings on the habeas corpus petition shall be held at the courthouse or some other place designated by law in the county of detention."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 39, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by 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 Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell Crumbley Dawkins Deal

Dean Echols Edge Engram Foster Gillis Harris Hine Howard Huggins Kidd Land McGill McKenzie

Newbill Olmstead Peevy Perry Phillips Ragan Ray Scott of 2nd Starr Stumbaugh Tate Turner Tysinger Walker

Voting in the negative was Senator Langford.

Those not voting were Senators:

Bowen English Fincher Garner

Harrison Hudgins Kennedy (presiding) Scott of 36th

Shumake Timmons Tolleson

On the passage of the bill, the yeas were 43, nays 1.

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

Senator Starr of the 44th moved that the following bill of the House, passed previously today, be immediately transmitted to the House:

HB 225. By Representatives Murphy of the 18th, McDonald of the 12th, Smyre of the 92nd, Benefield of the 72nd, Lawson of the 9th and others:
A bill to amend an Act providing appropriations for the State Fiscal year 19861987 known as the "General Appropriations Act", so as to change certain appro priations for the State Fiscal Year 1986-1987.

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JOURNAL OF THE SENATE

On the motion, the yeas were 38, nays 0; the motion prevailed, and HB 225 was imme diately transmitted to the House.
Senator Allgood of the 22nd moved that the Senate do now adjourn until 9:00 o'clock A.M. tomorrow, and the motion prevailed.
At 12:56 o'clock P.M., Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced the Senate adjourned until 9:00 o'clock A.M. tomorrow.

FRIDAY, FEBRUARY 13, 1987

565

Senate Chamber, Atlanta, Georgia Friday, February 13, 1987
Twenty-third Legislative Day
The Senate met pursuant to adjournment at 9:00 o'clock A.M. today and was called to order by the President.
Senator Barker of the 18th reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House and Senate:
HB 237. By Representatives Lane of the 27th, Adams of the 36th, Couch of the 40th, Greer of the 39th, Lupton of the 25th and others: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the Board of Education of Fulton County, Floyd County and DeKalb County to make temporary loans lim ited in the aggregate amount of said loans outstanding at any one time and pro viding for the method of making such loans and payment of such loans.
HB 527. By Representative Hudson of the 117th: A bill to provide for the nonpartisan nomination and election of members of the Board of Education of Pulaski County upon the expiration of regular terms of office.
HB 679. By Representatives Peters of the 2nd and Ramsey of the 3rd: A bill to amend an Act creating the office of commissioner of Catoosa County, so as to provide for hospitalization insurance for all employees, including elected officials, whose salaries are paid from county funds; to provide for paying the cost of such insurance.
HB 689. By Representatives Herbert of the 76th and Mostiler of the 75th: A bill to amend an Act creating a board of commissioners of Spalding County, so as to change the compensation of the chairman and the members of the board of commissioners.
HB 690. By Representatives Snow of the 1st, Hays of the 1st and Crawford of the 5th: A bill to amend an Act placing the clerk of the Superior Court of Walker County on an annual salary, so as to change the provisions relating to the amount of funds for the compensation of the personnel of said officer.
HB 691. By Representatives Snow of the 1st, Hays of the 1st and Crawford of the 5th: A bill to amend an Act placing the probate judge of Walker County on a salary basis, so as to change the provisions relating to the amount of funds for the com pensation of the personnel of said officer.

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HB 692. By Representatives Snow of the 1st, Hays of the 1st and Crawford of the 5th:
A bill to amend an Act creating the office of tax commissioner of Walker County, so as to change the provisions relating to the amount of funds for the compensa tion of the personnel of said officer.
HB 711. By Representative Harris of the 84th:
A bill to amend an Act creating a three-member board of commissioners for McDuffie County, so as to change the compensation of the chairman of the board.
HB 712. By Representative Moultrie of the 93rd:
A bill to amend an Act placing the coroner of Harris County upon a monthly salary, so as to change the salary of the coroner.
HB 716. By Representatives Wood of the 9th, Lawson of the 9th, Jackson of the 9th and Pittman of the 60th:
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 establishment of fire prevention districts in Hall County and the authority for Hall County and the municipalities in Hall County to contract with each other for the purpose of fire prevention and authorizing Hall County to levy a tax for the purpose of fire prevention.
SB 81. By Senators Langford of the 35th, Coverdell of the 40th, Scott of the 36th and others:
A bill to amend Chapter 10 of Title 36 of the Official Code of Georgia Annotated, relating to public works contracts, so as to provide that in any county of this state having a population of 550,000 or more according to the United States de cennial 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.
SB 82. By Senators Langford of the 35th, Coverdell of the 40th and Scott of the 36th:
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, as amended, so as to create the position of senior judge of any such court; to provide the qualifications for said position; to provide for the duties of such senior judges.
SB 83. By Senators Langford of the 35th, Coverdell of the 40th and Scott of the 36th:
A bill to amend Chapter 41 of Title 36 of the Official Code of Georgia Annotated, known as the "Urban Residential Finance Authorities Act for Large Municipali ties" (municipalities of this state having a population of 400,000 or more accord ing to the United States decennial census of 1980 or any future such census), so as to change the provisions relating to certain definitions.
SB 84. By Senators Langford of the 35th, Coverdell of the 40th and Scott of the 36th:
A bill to amend an Act fixing the compensation of the board of commissioners of counties having a population of 550,000 or more according to the United States decennial census of 1970 or any future such census, as amended, so as to change the provisions relating to the United States decennial census used for the popula tion classifications of such counties.

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SB 85. By Senators Langford of the 35th, Coverdell of the 40th, Scott of the 36th and others:
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.
HB 69. By Representatives Benn of the 38th, Sinkfield of the 37th and Lucas of the 102nd:
A bill to amend Code Section 44-12-199 of the Official Code of Georgia Anno tated, relating to the presumption of abandonment of property under Article 5 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, known as the "Disposition of Unclaimed Property Act", so as to provide for an exception re garding such property held on behalf of former clients of county departments of family and children services.
HB 72. By Representatives Cox of the 141st, Patten of the 149th, Bargeron of the 108th, Greene of the 130th and Mostiler of the 75th:
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 re quire the operator of a motorcycle to keep proof or evidence of minimum insur ance coverage required by law in his immediate possession at all times when such person is operating the vehicle.
HB 275. By Representative Colbert of the 23rd:
A bill to amend an Act providing for volunteer legal service agencies in certain counties so as to change certain fees.
HB 277. By Representative Johnson 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 change the defi nition of accumulated contributions; to change the method of making employee contributions to the retirement system; to provide that employers shall make em ployee contributions on behalf of members.
HB 387. By Representatives Murphy of the 18th, McDonald of the 12th, Connell of the 87th, Thomas of the 69th, Walker of the 115th and others:
A bill to amend Code Section 28-4-2 of the Official Code of Georgia Annotated, relating to the general powers and duties of the Legislative Services Committee, so as to change the provisions relating to audits.
HB 445. By Representative Beck of the 148th:
A bill to amend Code Section 32-6-28 of the Official Code of Georgia Annotated, relating to permits for excess weight and dimensions for motor vehicles, so as to authorize the Department of Transportation to issue permits for certain vehicles carrying boats; to provide for related matters.
HB 655. By Representatives Rainey of the 135th, Waldrep of the 80th, Selman of the 32nd, Birdsong of the 104th, Peters of the 2nd and others:
A bill to amend Code Section 27-3-44 of the Official Code of Georgia Annotated, relating to killing of deer which have no antlers visible, so as to provide it shall

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not be unlawful to hunt "antlerless or either-sex" deer on certain days and in certain counties.
The House has adopted by the requisite constitutional majority the following resolu tions of the House:
HR 59. By Representative Ramsey of the 3rd:
A resolution re-creating the Hazardous Materials Emergency Response Advisory Council.
HR 188. By Representative Aaron of the 56th:
A resolution designating a certain road in DeKalb County as Flat Shoals Parkway.
The House has passed by the requisite constitutional majority the following bills of the House:
HB 297. By Representatives Richardson of the 52nd and Galer of the 97th:
A bill to amend Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to privilege, so as to provide for the confidential nature of certain library records; to provide for disclosure of such records and for immu nity from liability therefor.
HB 187. By Representatives Bray of the 91st, Holmes of the 28th and Moultrie of the 93rd:
A bill to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, as enacted by an Act approved April 3, 1986 (Ga. L. 1986, p. 957), relating to ethics in government, so as to correct typographical, stylistic, and other errors and omissions in Chapter 5 of Title 21.
HB 416. By Representatives Holmes of the 28th, Lucas of the 102nd, Hanner of the 131st, Cooper of the 20th and Davis of the 29th:
A bill 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 redefine retired peace officers to include certain law enforcement officers who have retired from service with the United States government.
HB 421. By Representatives Johnson of the 123rd, Triplett of the 128th, Pannell of the 122nd, Adams of the 79th, Hays of the 1st and others:
A bill to amend Article 10 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to absentee voting, and to amend Article 10 of Chapter 3 of Title 21 of the Official Code of Georgia Annotated, relating to absentee voting in municipal elections, so as to redefine the term "absentee elector"; to allow absen tee voting by certain electors who are employed by hospitals under certain circumstances.
HB 619. By Representatives Smyre of the 92nd, Benefield of the 72nd and Lawson of the 9th:
A bill to amend Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to bonds, so as to create and provide for a state plan of allocating the issuance of certain bonds within the state among the governmental units or other authorities authorized to issue bonds.

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The House has disagreed to the Senate substitute to the following bill of the House:
HB 225. By Representatives Murphy of the 18th, McDonald of the 12th, Smyre of the 92nd, Benefield of the 72nd, Lawson of the 9th and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 19861987 known as the "General Appropriations Act", so as to change certain appro priations for the State Fiscal Year 1986-1987.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 311. By Senators Bryant of the 3rd, Echols of the 6th, Tolleson of the 32nd and others:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain per sons and vehicles, so as to provide, free of charge, special license plates for mem bers of the State Defense Force; to provide procedures; to provide for form of license plate; to prohibit the transfer of special license plates to other persons; to provide for rules and regulations. Referred to Committee on Transportation.
SB 312. By Senator Dawkins of the 45th:
A bill to amend Code Section 34-9-360 of the Official Code of Georgia Annotated, relating to the terms and conditions for reimbursement from the Subsequent In jury Trust Fund, so as to provide for reimbursement of only those indemnity, medical, or rehabilitation expenses which an employer or insurer was legally obli gated to pay to an employee or claimant; to provide for standards for the rate of reimbursement. Referred to Committee on Industry and Labor.
SB 313. By Senators Foster of the 50th and Deal of the 49th:
A bill to amend Chapter 2 of Title 39 of the Official Code of Georgia Annotated, relating to the regulation of child labor, so as to provide that employment certifi cates may not be issued for minors under 16 years of age unless they receive a passing grade in all subjects of their core curriculum; to provide for the revoca tion of employment certificates for minors who fail to receive a passing grade in any subject of their core curriculum. Referred to Committee on Education.
SB 314. By Senator Engram of the 34th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Fayette 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.
SB 315. 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 change certain provisions relating to definitions; to substitute the term "paramedic" for "ad vanced emergency medical technician" everywhere it appears in this chapter. Referred to Committee on Human Resources.

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SB 316. By Senators Allgood of the 22nd, Kennedy of the 4th, Gillis of the 20th and others: A bill to amend Code Section 20-2-915 of the Official Code of Georgia Annotated, relating to coverage for retiring public school employees and their dependents under the public school employees health insurance plan, so as to authorize cov erage under said health insurance plan for retired former public school employ ees and retired former employees of a community college operated and funded by a local school system and their spouses and dependent children.
Referred to Committee on Education.
SB 317. By Senator Engram of the 34th: A bill to amend Code Section 40-5-55 of the Official Code of Georgia Annotated, relating to implied consent to chemical tests for persons suspected of operating a motor vehicle while under the influence of alcohol or drugs, so as to provide min imum standards for chemical tests.
Referred to Committee on Public Safety.
SR 119. By Senator Harrison of the 37th: A resolution creating the Organ Donor and Transplant Study Committee.
Referred to Committee on Rules.
SR 120. By Senators Bryant of the 3rd and Echols of the 6th: A resolution authorizing the conveyance of certain state owned real property lo cated in Glynn County, Georgia, to the City of Brunswick and the acceptance of certain real property owned by the City of Brunswick located in Glynn County, Georgia, in consideration therefor; to provide an effective date.
Referred to Committee on Public Utilities.
SR 124. By Senators Burton of the 5th, Kidd of the 25th, Albert of the 23rd and Phillips of the 9th: A resolution creating the State Facilities for the Training of the Blind Study Committee.
Referred to Committee on Rules.
SR 125. By Senator Howard of the 42nd: A resolution urging the Governor to create a task force to establish a policy to promote the employment of qualified severely disabled persons.
Referred to Committee on Human Resources.
SR 126. By Senator Howard of the 42nd: A resolution creating the Economic Development Through Historic Preservation Joint 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 69. By Representatives Benn of the 38th, Sinkfield of the 37th and Lucas of the 102nd: A bill to amend Code Section 44-12-199 of the Official Code of Georgia Anno tated, relating to the presumption of abandonment of property under Article 5 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, known as the

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571

"Disposition of Unclaimed Property Act", so as to provide for an exception re garding such property held on behalf of former clients of county departments of family and children services. Referred to Committee on Human Resources.
HB 72. By Representatives Cox of the 141st, Patten of the 149th, Bargeron of the 108th and others: 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 re quire the operator of a motorcycle to keep proof or evidence of minimum insur ance coverage required by law in his immediate possession at all times when such person is operating the vehicle.
Referred to Committee on Transportation.
HB 187. By Representatives Bray of the 91st, Holmes of the 28th and Moultrie of the 93rd: A bill to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, as enacted by an Act approved April 3, 1986 (Ga. L. 1986, p. 957), relating to ethics in government, so as to correct typographical, stylistic, and other errors and omissions in Chapter 5 of Title 21.
Referred to Committee on Governmental Operations.
HB 275. By Representative Colbert of the 23rd: A bill to amend an Act providing for volunteer legal service agencies in certain counties so as to change certain fees.
Referred to Committee on Urban and County Affairs (General).
HB 277. By Representative Johnson 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 change the defi nition of accumulated contributions; to change the method of making employee contributions to the retirement system; to provide that employers shall make em ployee contributions on behalf of members.
Referred to Committee on Retirement.
HB 297. By Representatives Richardson of the 52nd and Galer of the 97th: A bill to amend Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to privilege, so as to provide for the confidential nature of certain library records; to provide for disclosure of such records and for immu nity from liability therefor.
Referred to Committee on Special Judiciary.
HB 387. By Representatives Murphy of the 18th, McDonald of the 12th, Connell of the 87th and others: A bill to amend Code Section 28-4-2 of the Official Code of Georgia Annotated, relating to the general powers and duties of the Legislative Services Committee, so as to change the provisions relating to audits.
Referred to Committee on Governmental Operations.
HB 416. By Representatives Holmes of the 28th, Lucas of the 102nd, Hanner of the 131st and others: A bill 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

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to redefine retired peace officers to include certain law enforcement officers who have retired from service with the United States government. Referred to Committee on Public Safety.
HB 421. By Representatives Johnson of the 123rd, Triplett of the 128th, Pannell of the 122nd and others:
A bill to amend Article 10 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to absentee voting, and to amend Article 10 of Chapter 3 of Title 21 of the Official Code of Georgia Annotated, relating to absentee voting in municipal elections, so as to redefine the term "absentee elector"; to allow absen tee voting by certain electors who are employed by hospitals under certain circumstances. Referred to Committee on Governmental Operations.
HB 445. By Representative Beck of the 148th: A bill to amend Code Section 32-6-28 of the Official Code of Georgia Annotated, relating to permits for excess weight and dimensions for motor vehicles, so as to authorize the Department of Transportation to issue permits for certain vehicles carrying boats; to provide for related matters.
Referred to Committee on Transportation.
HB 619. By Representatives Smyre of the 92nd, Benefield of the 72nd and Lawson of the 9th:
A bill to amend Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to bonds, so as to create and provide for a state plan of allocating the issuance of certain bonds within the state among the governmental units or other authorities authorized to issue bonds. Referred to Committee on Banking and Finance.
HB 655. By Representatives Rainey of the 135th, Waldrep of the 80th, Selman of the 32nd and others: A bill to amend Code Section 27-3-44 of the Official Code of Georgia Annotated, relating to killing of deer which have no antlers visible, so as to provide it shall not be unlawful to hunt "antlerless or either-sex" deer on certain days and in certain counties.
Referred to Committee on Natural Resources.
HR 59. By Representative Ramsey of the 3rd: A resolution re-creating the Hazardous Materials Emergency Response Advisory Council.
Referred to Committee on Rules.
HR 188. By Representative Aaron of the 56th:
A resolution designating a certain road in DeKalb County as Flat Shoals Parkway. Referred to Committee on Transportation.
HB 237. By Representatives Lane of the 27th, Adams of the 36th, Couch of the 40th and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the Board of Education of Fulton County, Floyd County and DeKalb County to make temporary loans lim-

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573

ited in the aggregate amount of said loans outstanding at any one time and pro viding for the method of making such loans and payment of such loans. Referred to Committee on Urban and County Affairs.
HB 527. By Representative Hudson of the 117th: A bill to provide for the nonpartisan nomination and election of members of the Board of Education of Pulaski County upon the expiration of regular terms of office.
Referred to Committee on Urban and County Affairs.
HB 679. By Representatives Peters of the 2nd and Ramsey of the 3rd: A bill to amend an Act creating the office of commissioner of Catoosa County, so as to provide for hospitalization insurance for all employees, including elected officials, whose salaries are paid from county funds; to provide for paying the cost of such insurance.
Referred to Committee on Urban and County Affairs.
HB 689. By Representatives Herbert of the 76th and Mostiler of the 75th: A bill to amend an Act creating a board of commissioners of Spalding County, so as to change the compensation of the chairman and the members of the board of commissioners.
Referred to Committee on Urban and County Affairs.
HB 690. By Representatives Snow of the 1st, Hays of the 1st and Crawford of the 5th: A bill to amend an Act placing the clerk of the Superior Court of Walker County on an annual salary, so as to change the provisions relating to the amount of funds for the compensation of the personnel of said officer.
Referred to Committee on Urban and County Affairs.
HB 691. By Representatives Snow of the 1st, Hays of the 1st and Crawford of the 5th: A bill to amend an Act placing the probate judge of Walker County on a salary basis, so as to change the provisions relating to the amount of funds for the com pensation of the personnel of said officer.
Referred to Committee on Urban and County Affairs.
HB 692. By Representatives Snow of the 1st, Hays of the 1st and Crawford of the 5th: A bill to amend an Act creating the office of tax commissioner of Walker County, so as to change the provisions relating to the amount of funds for the compensa tion of the personnel of said officer.
Referred to Committee on Urban and County Affairs.
HB 711. By Representative Harris of the 84th: A bill to amend an Act creating a three-member board of commissioners for McDuffie County, so as to change the compensation of the chairman of the board.
Referred to Committee on Urban and County Affairs.
HB 712. By Representative Moultrie of the 93rd: A bill to amend an Act placing the coroner of Harris County upon a monthly salary, so as to change the salary of the coroner.
Referred to Committee on Urban and County Affairs.

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HB 716. By Representatives Wood of the 9th, Lawson of the 9th, Jackson of the 9th and Pittman of the 60th: 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 establishment of fire prevention districts in Hall County and the authority for Hall County and the municipalities in Hall County to contract with each other for the purpose of fire prevention and authorizing Hall County to levy a tax for the purpose of fire prevention.
Referred to Committee on Urban and County Affairs.
The following communication from Honorable Culver Kidd, Chairman of the Senate Committee on Governmental Operations, was received and read by the Secretary:
The State Senate Atlanta, Georgia 30334
February 12, 1987 The Honorable Hamilton McWhorter, Jr. Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334
Dear Hamilton:
Due to becoming ill this afternoon, I will be unable to preside at the Senate Govern mental Operations Committee Meeting today, February 12, 1987, at 3:00 p.m.
In my absence, I designated the Vice Chairman, Senator Max Brannon, to preside and consider only the following bills:
SB 239
SB 274 SB 275
Thank you for your consideration and help in this matter. Your friend,
/s/ Culver Kidd
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 of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 239. Do pass. SB 274. Do pass. SB 275. Do pass.
Respectfully submitted, Senator Brannon of the 51st District, Vice Chairman
Mr. President:
The Committee on Industry and Labor has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the follow ing recommendations:

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SB 137. Do pass by substitute. SB 166. Do pass. SB 247. Do pass.
Respectfully submitted, Senator Dawkins of the 45th District, Chairman

Mr. President:

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

HB 250.

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

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

SB 191. SB 263. SB 282. HB 66.

Do pass by substitute.

HB 148. Do pass.

Do pass.

HB 178. Do pass.

Do pass.

HB 184. Do pass.

Do pass.

HR 53. 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 212. Do pass.

HB 441. Do pass as amended.

SB 284. Do pass.

HB 548. Do pass.

SB 293. Do pass.

HB 549. Do pass.

SB 294. Do pass.

HB 578. Do pass.

SB 295. Do pass.

HB 579. Do pass.

SB 296. Do pass.

HB 627. Do pass.

SB 297. Do pass.

HB 628. Do pass.

SB 298. Do pass.

HB 630. Do pass.

SB 299. Do pass.

Respectfully submitted,

Senator Turner of the 8th District, Chairman

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The following bills and resolutions of the Senate and House were read the second time:
SB 31. By Senator Peevy of the 48th:
A bill to amend Code Section 33-34-4 of the Official Code of Georgia Annotated, relating to certain motor vehicle insurance minimum required coverage, so as to provide that certain coverage for loss of income or earnings shall not be required if such owner is a retired person.
SB 42. By Senator Barnes of the 33rd:
A bill to amend Article 4 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against the person involving reckless conduct, so as to provide that any person who fails to keep a dog at heel, on a leash, confined, or otherwise under control shall be guilty of a misdemeanor if bodily harm is caused to another person as a result of such failure to keep the dog under control and such failure to keep the dog under control is in violation of a county or municipal ordinance.
SB 116. By Senator Stumbaugh of the 55th:
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 provide for defini tions; to prohibit selling or furnishing cigarettes or tobacco related objects to any minor; to prohibit the purchase or procurement of cigarettes or tobacco related objects for any minor.
SB 171. By Senator Hudgins of the 15th:
A bill to amend Article 3 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to bailments, so as to change certain provisions relating to the diligence required of a garage owner; to provide that the owner or operator of a garage or parking lot which charges a fee for the parking of motor vehicles shall be required to provide security; to provide for liability for failure to provide security.
SB 180. By Senators Phillips of the 9th, Burton of the 5th, Albert of the 23rd and others:
A bill to amend Chapter 18 of Title 31 of the Official Code of Georgia Annotated, relating to registration and treatment of certain disabled or injured persons, so as to include handicapped newborn persons among those who are required to be registered with the Department of Human Resources for later referral and treat ment; to change the legislative intent.
SB 198. By Senator Deal of the 49th:
A bill to amend Code Section 15-10-3 of the Official Code of Georgia Annotated, relating to oath and commissions of magistrates, constables, and clerks of magis trate courts, and Article 2 of Chapter 3 of Title 45 of the Official Code of Georgia Annotated, relating to commissions of public officers, so as to provide that com missions of officers of the magistrate courts shall be under the seal of the Gover nor and shall be issued by the office of the Secretary of State.
SB 203. By Senator Deal of the 49th:
A bill to amend Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to criminal offenses involving assault and battery, so as to create the new offense of battery; to provide that a person commits the offense of battery when he intentionally causes visible bodily harm or substantial bodily harm to another; to define terms; to provide for criminal penalties.

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SB 206. By Senator Gillis of the 20th:
A bill to amend Article 10 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to fish and other seafoods and to wholesale fish dealers, so as to change the provisions relating to wholesale fish dealers' licenses; to change the annual license fees for nonresident or alien wholesale fish dealers; to repeal Code Section 27-4-74.1 of the Official Code of Georgia Annotated, relating to food fish dealers.
SB 207. By Senator Barnes of the 33rd:
A bill to amend Chapter 2 of Title 51 of the Official Code of Georgia Annotated, relating to vicarious tort liability, so as to change the conditions under which an employer is liable for the torts of an independent contractor.
SB 233. By Senators Harrison of the 37th, Barnes of the 33rd, Tolleson of the 32nd and Newbill of the 56th:
A bill to amend an Act creating the Cobb Judicial Circuit, as amended, so as to change the provisions relating to the supplement to be paid to each of the judges of the superior court of said circuit; to provide an effective date.
SB 257. By Senator Allgood of the 22nd:
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 provide a definition; to declare certain acts and practices by a motor vehicle dealer in the conduct of retail consumer transactions to be unlawful.
SB 260. By Senators Garner of the 30th, Engram of the 34th and Hine of the 52nd:
A bill to amend Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, so as to authorize a physician's assistant to sign a death certificate under certain circumstances with respect to a patient in a long-term care facility or hospice; to provide that certain provisions of law concerning crite ria for determining death and immunity from liability shall apply to a physician's assistant.
SB 267. By Senators Broun of the 46th, Coleman of the 1st, Kennedy of the 4th and others:
A bill to amend Code Section 20-3-60 of the Official Code of Georgia Annotated, relating to when the properties of the University System of Georgia may be sold, leased, or disposed of, so as to provide that the Board of Regents of the Univer sity System of Georgia is authorized to lease laboratory and research facilities owned by the board to private businesses, companies, and corporations during times when the laboratory and research facilities are not in use.
SB 268. By Senators Broun of the 46th, Coleman of the 1st, Kennedy of the 4th and others:
A bill to amend Code Section 45-10-25 of the Official Code of Georgia Annotated, relating to exceptions to prohibitions on transactions with state agencies, so as to provide an exception for transactions involving a lease for the purpose of small business and economic development of laboratory and research facilities owned by the Board of Regents of the University System of Georgia during times when the laboratory and research facilities are not in use.
SB 283. By Senator Walker of the 43rd:
A bill to amend Article 7 of Chapter 4 of Title 3 of the Official Code of Georgia Annotated, relating to the sales of distilled spirits in certain municipalities, so as

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JOURNAL OF THE SENATE

to permit municipalities to issue licenses permitting the manufacture, sale, or distribution of distilled spirits or to authorize the sale of distilled spirits by the drink for consumption only on the premises based on approval for such licenses in the county in a county-wide referendum.
SB 286. By Senator Howard of the 42nd:
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.
SR 104. By Senators Echols of the 6th, Ray of the 19th and McGill of the 24th:
A resolution urging the Georgia congressional delegation to exert its influence to increase the funding for the forestry incentives program.
HB 20. By Representatives Thomas of the 69th, Chambless of the 133rd and Waldrep of the 80th:
A bill to amend Code Section 10-8-1 of the Official Code of Georgia Annotated, relating to the creation and composition of the Economic Development Council, so as to change the membership of the Economic Development Council; to pro vide that it shall be the duty of the Governor to designate a member to represent the Business Council of Georgia, Inc.
HB 30. By Representatives Chambless of the 133rd, Thomas of the 69th, Waldrep of the 80th and Groover of the 99th:
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 of traffic offenses, so as to provide limitations on the withdrawal of a waiver of trial by jury.
HB 44. By Representatives Wall of the 61st, Bannister of the 62nd, Pittman of the 60th, Barnett of the 59th, Goodwin of the 63rd and others:
A bill 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 create a new fifth judgeship for the Gwinnett Judicial Circuit.
HB 70. By Representatives Jackson of the 9th, Bostick of the 138th, Kingston of the 125th, Porter of the 119th, Carter of the 146th and others:
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 requirements for motor vehicle insurance and the penalties for failure to comply with the requirements for motor vehicle insurance; to provide for proof of requirements for motor vehicle insurance; to provide for proof of motor vehicle insurance prior to the licensing of vehicles.
HB 82. By Representatives Selman of the 32nd, Bishop of the 94th, Dover of the llth, Phillips of the 120th, Greene of the 130th 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 establishment of the Georgia Youth Conservation Corps within the Department of Natural Resources.

FRIDAY, FEBRUARY 13, 1987

579

HB 94. By Representatives Cox of the 141st, Patten of the 149th and Bargeron of the 108th:
A bill to amend Article 3 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, known as "The Georgia Coroner's Training Council Act", so as to change the provisions relating to the membership of the Georgia Coroner's Training Council; to change the provisions relating to the quorum of such council.
HB 154. By Representative Colwell of the 4th:
A bill to amend Code Section 50-16-32 of the Official Code of Georgia Annotated, relating to the State Properties Commission, so as to change the provisions relat ing to the expense allowance and travel cost reimbursement for citizen members of the commission.
HB 169. By Representatives Parham of the 105th, Parrish of the 109th, Cooper of the 20th, Atkins of the 21st and Twiggs of the 4th:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change the listing of certain controlled substances and dangerous drugs; to make certain activities illegal and provide penalties therefor.
HB 210. By Representatives Chambless of the 133rd, Thomas of the 69th, Pannell of the 122nd and 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 without charge an initial corporate name reservation period; to provide for extensions of reservation periods; to provide for confirmations of name reservations; to provide that corpo rate names shall be distinguishable from other such names.
HB 241. By Representatives Porter of the 119th, Thomas of the 69th, Waldrep of the 80th, Bostick of the 138th, Smith of the 78th and others:
A bill to amend Article 1 of Chapter 4 of Title 7 of the Official Code of Georgia Annotated, relating to general provisions regarding interest and usury, so as to provide that certain post-judgment interest shall apply automatically to certain judgments and shall be collectible as a part of such judgments whether or not such judgments specifically reflect the entitlement to such interest.
HB 291. 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; to provide for liens.
HB 304. By Representative Reaves of the 147th:
A bill to amend an Act providing for a supplement to the compensation of the judges of the Superior Courts of the Southern Judicial Circuit, so as to increase the supplement to the compensation of the judges of the Superior Courts of the Southern Judicial Circuit and to provide for the payment of such supplement in specified amounts by the counties comprising the Southern Judicial Circuit.
HB 310. By Representative Ramsey of the 3rd:
A bill to amend Chapter 24 of Title 43 of the Official Code of Georgia Annotated, relating to libraries, so as to change the termination date of and to continue the State Board for the Certification of Librarians and the laws relating thereto.

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JOURNAL OF THE SENATE

HB 326. By Representatives Walker of the 115th, Godbee of the 110th. Rainey of the 135th and others:
A bill to amend Code Section 27-1-6 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Natural Resources generally, so as to amend the provisions relating to an official waterfowl stamp.
HB 338. By Representative Groover of the 99th:
A bill to amend Chapter 15 of Title 36 of the Official Code of Georgia Annotated, relating to county law libraries, so as to provide for the establishment of law libraries for judges of superior courts.
HB 377. By Representative Porter of the 119th:
A bill to amend Code Section 15-7-24 of the Official Code of Georgia Annotated, relating to solicitors of state courts, so as to provide that a solicitor shall, on the date he takes office, permanently reside within the judicial circuit containing the geographic area in which he is selected to serve.
HB 398. By Representative Lawson of the 9th:
A bill to amend Code Section 15-10-105 of the Official Code of Georgia Anno tated, relating to the selection of a clerk for a magistrate court, so as to provide for the qualifications of office of the clerk.
HB 451. By Representatives Sherrod of the 143rd, Royal of the 144th, Reaves of the 147th and others:
A bill to amend Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to game and fish licenses, permits, and stamps, so as to provide that no fishing license shall be required of any Florida resident who is more than 65 years of age, to the extent that a reciprocal provision exists under Florida law for any Georgia resident who is more than 65 years of age.
HB 456. By Representatives Peters of the 2nd, Rainey of the 135th, Godbee of the 110th and others:
A bill to amend Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to licenses, permits, and stamps applicable to game, fish, or wildlife, so as to provide a new permit to trap and sell live fox under certain conditions.
HR 55. By Representative Hudson of the 117th:
A resolution authorizing the conveyance of certain state owned property located in the City of Hawkirisville, Pulaski County, Georgia, to the Pulaski Develop ment Company, Inc.
HR 60. By Representatives Colwell of the 4th and Twiggs of the 4th:
A resolution transferring the ownership of a certain structure owned by the Geor gia Forestry Commission to the Fannin County Board of Commissioners.
HR 99. By Representative Kingston of the 125th:
A resolution authorizing the State of Georgia, acting by and through the State Properties Commission, to grant and convey to the City of Tybee Island an ease ment over, under, across, and through certain property owned by the State of Georgia and located in Chatham County, Georgia, for the construction, installa tion, operation, maintenance, repair, improvement, and replacement of a fishing pier and pavilion facilities.

FRIDAY, FEBRUARY 13, 1987

581

HR 100. By Representatives Peters of the 2nd and Ramsey of the 3rd:
A resolution authorizing the conveyance of certain state owned real property lo cated in Graysville, Catoosa County, Georgia.

HR 101. By Representative Ricketson of the 82nd:
A resolution authorizing the conveyance of certain state owned real property lo cated within Taliaferro County, Georgia, to the Georgia Power Company.

HR 130. By Representatives Kingston of the 125th, Rainey of the 135th, Mueller of the 126th and others:
A resolution designating the Knobbed Whelk as the official state seashell.

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

Albert Allgood Baldwin Barker Barnes Bowen Broun of 46th Brown of 47th BBuryrtaonnt
Coleman Crumbley
Dawkins Deal Dean

Echols Edge English Engram Fincher Foster Garner Gillis HHianreris
Hudgins Huggins
Kennedy Land McGill

Those not answering were Senators:

McKenzie Newbill Olmstead Peevy Perry Phillips R p gan "Scaoytt of 2nd
Starr Stumbaugh
Tate Turner Tysinger

Brannon Coverdell Harrison Howard

Kidd (excused) Langford Scott of 36th Shumake

Timmons Tolleson Walker

Senator Baldwin of the 29th introduced the chaplain of the day, Reverend Queon Smith, pastor of the First United Methodist Church, Manchester, Georgia, who offered scripture reading and prayer.

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JOURNAL OF THE SENATE

The following resolutions of the Senate were read and adopted:
SR 122. By Senator Broun of the 46th: A resolution expressing regret at the passing of Dr. E. Broadus Browne.
SR 123. By Senator Broun of the 46th: A resolution welcoming Dr. Charles B. Knapp.
SR 127. By Senator Newbill of the 56th: A resolution commending and congratulating Laura Fetko.
SR 128. By Senator Newbill of the 56th:
A resolution commending and congratulating Scott John Feight.
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 13, 1987
TWENTY-THIRD LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 212 Engram, 34th Langford, 35th Scott, 36th Tate, 38th Shumake, 39th Coverdell, 40th Howard, 42nd Stumbaugh, 55th Newbill, 56th City of Atlanta Fulton County Amends Act establishing Municipal Court of city; changes provisions relating to costs for proceedings against tenants holding over; to provide effective date.
SB 284 Engram, 34th Langford, 35th Scott, 36th Tate, 38th Shumake, 39th Coverdell, 40th Howard, 42nd Stumbaugh, 55th Newbill, 56th City of Atlanta Fulton County Provides for creation of one or more community improvement districts in county and in each municipality therein except in city; provides for defini tions; provides for boards to administer said districts; provides for appoint ment of members of said boards.

FRIDAY, FEBRUARY 13, 1987

583

SB 293 Baldwin, 29th City of LaGrange Troup County
Continues amendment providing for establishment of a Downtown LaGrange Development Authority.

SB 294 Baldwin, 29th City of LaGrange Troup County
Continues amendment authorizing city to increase its bonded indebtedness, in addition to the constitutional limitation under certain circumstances, for the purpose of purchasing, repairing, or building a waterworks system; pro vides authority.

SB 295 Baldwin, 29th City of Hogansville Troup County
Continues amendment creating Hogansville Development Authority.

SB 296 Brannon, 51st Gilmer County
Amends Act placing sheriff of county on a salary in lieu of fees; changes pro visions relating to sheriff's deputies; provides for other personnel within the sheriffs office and their compensation; provides for other matters relating to such personnel.

SB 297 McKenzie, 14th Taylor County
Amends Act providing for Board of Commissioners of county; changes description of certain commissioner districts.

SB 298 McKenzie, 14th Lee County
Continues amendment authorizing governing authority of county for regula tory and revenue purposes, to levy, assess, and collect license fees and occu pational taxes on businesses within that portion of county located outside of any incorporated municipalities.

SB 299 McKenzie, 14th City of Marshallville Macon County
Act to re-incorporate and provide new charter for city; provides for corporate limits of city; provides for form and method of government of city; provides for administration of city affairs; provides for municipal court of city; pro vides for election of city offices.

*HB 441

Coleman, 1st Scott, 2nd Bryant, 3rd City of Savannah Chatham County
Amends Act making provisions for Magistrate Court of county and abolishes Municipal Court of city; provides for collection of additional costs as law li brary fees. (AMENDMENT)

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JOURNAL OF THE SENATE

HB 548 Kennedy, 4th Effingham County Amends Act creating State Court of county; changes salary of judge.
HB 549 Kennedy, 4th Effingham County
Amends Act creating State Court; changes salary of solicitor of said court.
HB 578 Albert, 23rd McGill, 24th Columbia County Provides that certain property in homestead of each resident of county who is 65 years of age or older and who has less than $12,000.00 per year of speci fied income shall be entirely exempt from Columbia County School District ad valorem taxation.
HB 579 Albert, 23rd McGill, 24th Columbia County Amends Act providing for election of members of Board of Education of county; provides that members of said board shall be elected on a nonpartisan basis.
HB 627 Broun, 46th Clarke County Provides that vehicles shall be registered and licensed to operate in county during designated registration periods as provided in Code Section 40-20-20.1 of the O.C.G.A.
HB 628 Hudgins, 15th Land, 16th City of Columbus Muscogee County Amends Act establishing Municipal Court; changes compensation of clerk and marshal.
HB 630 Barker, 18th Harris, 27th Olmstead, 26th Bibb County Amends Act establishing Board of Commissioners of county; authorizes gov erning authority of county to lease, as lessor, certain property belonging to county.
The amendment to the following bill was put upon its adoption:
*HB 441:
The Senate Committee on Urban and County Affairs offered the following amendment:
Amend HB 441 by striking from line 17 of page 1 the following: "$2.00",

FRIDAY, FEBRUARY 13, 1987

585

and inserting in its place the following: "50c".

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

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

English Engram
Fincher Foster Garner

n Brounfof 4^ 6th Brown of 47th Burton Coleman
Crumbley Dawkins Dean Echols Edge

nine Huggins Kennedy Land
Langford McGill McKenzie Newbill Olmstead

Peevy Perry Phillips Ragan j^ay
Scott of 2nd Sc c, ott o,f 36th bnumaKe btarr Stumbaugh
Tate Timmons Turner Tysinger Walker

Those not voting were Senators:

Bryant Coverdell Deal

Harrison Howard Hudgins

Kidd (excused) Tolleson

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

All the bills on the Senate Local Consent Calendar, except HB 441, having received the requisite constitutional majority, were passed.

HB 441, having received the requisite constitutional majority, was passed as amended.

SENATE RULES CALENDAR
Friday, February 13, 1987
TWENTY-THIRD LEGISLATIVE DAY
SB 119 Evasion or Attempted Evasion of Tax, Fee, Penalty under Title 48--criminal penalty (SUBSTITUTE) (S JUDY--33rd)
SB 140 Torts Claim Against Those Identifying Manufacturer of Product Causing In jury--no liability (S JUDY--33rd)
SB 151 Littering--change provisions on penalties (SUBSTITUTE) (JUDY--44th) HB 125 Dentists--provide for use of conscious sedation (HUM R--42nd)

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JOURNAL OF THE SENATE

SB 189 Governmental Office--provisions on receiving funds to enforce penal laws (S JUDY--45th)
HB 121 Certain Materials with Information from Tax Assessors Board--not confidential (S JUDY--48th)
SB 236 Guardianship Hearings--fees for examining psychologists, physicians, appointed attorneys (SUBSTITUTE) (C&Y--44th)
SB 256 Bad Checks--provide for treble damages as civil remedy (B&F--1st) SB 40 Workers' Compensation--independent newspaper deliverer not "employee"
(SUBSTITUTE) (I&L--33rd) SB 177 Automobile Gasoline Refiner, Producer, Manufacturer--prohibit operating retail
service station (SUBSTITUTE) (S JUDY--48th) SB 190 Labor Department Commissioner--lease of office space (SUBSTITUTE)
(I&L--45th)
SB 259 Wrongful Death of Parent--child may bring action (C&Y--34th) SB 231 Teacher Contracts--ten (10) day period to review (ED--49th) SB 219 Hall County Superior Court--change term (JUDY--49th) SB 200 Magistrate Court Judgments--change provisions on appeals (JUDY--49th)
Respectfully submitted, /s/ Nathan Dean
Dean of the 31st, Chairman Senate Rules Committee
Senator Kennedy of the 4th asked unanimous consent to excuse Senator Kidd of the 25th on all roll calls today and each day until he is dismissed from the hospital and returns to the Senate; the consent was granted, and Senator Kidd of the 25th was excused on all roll calls today and will be excused each day until he is dismissed from the hospital and returns to the Senate.
The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:
SB 119. By Senators Barnes of the 33rd, Dean of the 31st and McKenzie of the 14th: A bill to amend Chapter 1 of Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, generally, so as to provide criminal penalties for the evasion or attempted evasion of any tax, fee, license, penalty, interest, or other amount imposed under Title 48; to provide an effective date.
The Senate Committee on Special Judiciary offered the following substitute to SB 119:
A BILL
To be entitled an Act to amend Article 1 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions relative to income taxes, so as to provide criminal penalties for the evasion or attempted evasion of any income tax, penalty, interest, or other amount imposed under Chapter 7 of Title 48; 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 7 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions relative to income taxes, is amended by adding at the end thereof a new Code Section 48-7-5 to read as follows:
"48-7-5. Any person who willfully evades or defeats or willfully attempts to evade or

FRIDAY, FEBRUARY 13, 1987

587

defeat, in any manner, any income tax, penalty, interest, or other amount imposed under this chapter or the payment thereof, including but not limited to failure to file a return or report, shall, in addition to any other criminal or civil penalties provided by law, be guilty of a felony and, upon conviction thereof, shall be fined not more than $100,000.00 in the case of an individual or not more than $500,000.00 in the case of a corporation or imprisoned not less than one nor more than five years, or both. Conduct proscribed by this Code section shall be subject to punishment under this Code section notwithstanding the applicability to such conduct of any other provision of law."
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 Barker Barnes Bowen Brannon
Broun of 46th Brown of 47th Burton Coleman Coverdell Crumbley Dawkins Deal Dean

Echols Edge English Engram Fincher Foster Garner Gillis Harris Hine
Muggins Kennedy Land Langford McGill McKenzie

Those not voting were Senators:

Newbill Olmstead Peevy Perry Phillips Ragan Ray Scott of 2nd Scott of 36th Shumake Starr Tate Timmons Tysinger Walker

Bryant Harrison Howard

Hudgins Kidd (excused) Stumbaugh

Tolleson Turner

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

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

588

JOURNAL OF THE SENATE

The following bill of the House was taken up for the purpose of considering the House action thereon:
HB 225. By Representatives Murphy of the 18th, McDonald of the 12th, Smyre of the 92nd, Benefield of the 72nd, Lawson of the 9th and others: A bill to amend an Act providing appropriations for the State Fiscal Year 19861987 known as the "General Appropriations Act", so as to change certain appro priations for the State Fiscal Year 1986-1987.
Senator Starr of the 44th moved that the Senate insist upon the Senate substitute to HB 225.
On the motion, the yeas were 41, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 225.
The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:
SB 151. By Senators Starr of the 44th and Crumbley of the 17th: A bill to amend Code Section 16-7-43 of the Official Code of Georgia Annotated, relating to the prohibition against littering and penalties therefor, so as to change the provisions relating to penalties.
The Senate Committee on Judiciary offered the following substitute to SB 151:
A BILL
To be entitled an Act to amend Code Section 16-7-43 of the Official Code of Georgia Annotated, relating to the prohibition against littering and penalties therefor, so as to change the provisions relating to penalties; to provide for applicability of this enactment regarding effect or abatement of status or prosecution; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 16-7-43 of the Official Code of Georgia Annotated, relating to the prohibition against littering and penalties therefor, is amended by striking subsection (b) in its entirety and substituting in lieu thereof a new subsection (b) to read as follows:
"(b) Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as follows:
(1) By a fine of not less than $100.00 nor more than $300.00;
(2) In the sound discretion of a court in which conviction is obtained, the person may be directed to pick up and remove from any public street or highway or public right of way for a distance not to exceed one mile any litter the person has deposited and any and all litter deposited thereon by anyone else prior to the date of execution of sentence; or
(3) In the sound discretion of the judge of a court in which conviction is obtained, the person may be directed to pick up and remove from any public beach, public park, private right of way, or, with the prior permission of the legal owner or tenant in lawful possession of such property, any private property upon which it can be established by competent evi dence that the person has deposited litter, any and all litter deposited thereon by anyone prior to the date of execution of sentence."
Section 2. This Act shall not affect or abate the status as a crime of any act or omission which occurred prior to the effective date of this Act, nor shall the prosecution of such crime be abated as a result of this Act.
Section 2. All laws and parts of laws in conflict with this Act are repealed.

FRIDAY, FEBRUARY 13, 1987

589

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 Bowen Brannon Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols

Edge Engram Fincher Foster Garner Gillis Harris Hine Howard Muggins Kennedy Langford McGill McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Turner Tysinger Walker

Those not voting were Senators:

Broun of 46th Brown of 47th Bryant English

Harrison Hudgins Kidd (excused) Land

Ray Timmons Tolleson

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

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

SB 189. By Senators Dawkins of the 45th and Hine of the 52nd:
A bill to amend Article 1 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to abuse of governmental office, so as to change certain pro visions relating to receiving funds or other things of value to enforce penal laws or regulations; to authorize the solicitation or acceptance of equipment or funds by certain law enforcement officers to be used for certain law enforcement purposes.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes

Bowen Brannon Broun of 46th Brown of 47th Bryant

Burton Coleman Coverdell Crumbley Dawkins

590

JOURNAL OF THE SENATE

Deal Dean Echols Edge J5 nghsh
Foster Garner GilHs Harris Hine

Howard Huggins Kennedy Land Langford
McKenzie Newbill Olmstead Peevy Perry

Phillips Ragan Ray Scott of 2nd
Scott of 36th Stumbaugh Tate Timmons Turner Tysinger Walker

Those not voting were Senators:

Harrison Hudgins

Kidd (excused) Shumake

Starr Tolleson

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

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

Senator Allgood of the 22nd introduced Col. James Irwin, an astronaut, who briefly addressed the Senate.

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

SB 236. By Senators Starr of the 44th and Crumbley of the 17th:
A bill to amend Code Section 29-5-13 of the Official Code of Georgia Annotated, relating to compensation and expenses concerning guardianship hearings, so as to change the hearing fees for examining psychologists and physicians and for ap pointed attorneys; to change the provisions for awarding of certain additional fees.

The Senate Committee on Children and Youth offered the following substitute to SB 236:

A BILL
To be entitled an Act to amend Code Section 29-5-13 of the Official Code of Georgia Annotated, relating to compensation and expenses concerning guardianship hearings, so as to change the hearing fees for examining psychologists and physicians and for appointed attorneys; to change the provisions for awarding of certain additional fees; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 29-5-13 of the Official Code of Georgia Annotated, relating to compensation and expenses concerning guardianship hearings, is amended by striking sub sections (d) and (e) thereof and inserting in their place new subsections (d), (e), and (e.l) to read as follows:
"(d) For the hearing under subsection (e) of Code Section 29-5-6 or subsection (e) of Code Section 29-5-8, the sum to be paid to the examining physician or psychologist shall not exceed $75.00 and actual expenses.
(e) For any hearing under this chapter, the sum to be paid to an attorney appointed to represent an allegedly incapacitated person shall not exceed $75.00 and actual expenses. In

FRIDAY, FEBRUARY 13, 1987

591

appropriate circumstances, the attorney may apply to the judge of the probate court of the county in which the hearing was held for an order granting reasonable fees in excess of the amount specified in this subsection which additional fees may only be granted pursuant to subsection (e.l) of this Code section. If the attorney also serves as guardian ad litem he shall also receive for his services as such the fee specified in subsection (f) of this Code section.
(e.l) A probate judge receiving an application for additional fees under subsection (e) of this Code section shall send a copy of that application to the person or entity responsible under subsection (a) of this Code section for paying hearing expenses and where the county is responsible for those expenses, to that county's budget officer, as defined in Code Section 36-81-2. If the person or entity to whom that application copy is sent does not file with that judge a written objection to the applied for additional fees within ten days after the date on which the application copy is sent to that person or entity, that judge may award the re quested additional fees with or without a hearing to obtain evidence in the matter other than that which is contained in the application. If the person or entity to whom that appli cation copy is sent files with that judge a written objection to the applied for additional fees within ten days after the date on which the application copy is sent to that person or entity, that judge may not award fees in excess of $50.00 without holding a hearing thereon and obtaining sufficient evidence at that hearing to justify the awarding of those additional fees. The person or entity objecting to the additional fees and the attorney requesting those fees shall receive prior notice of the time, date, and place of the hearing and have an opportunity to present evidence at that hearing regarding the appropriateness of the additional fees."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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

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

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

Those voting in the affirmative were Senators:

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

Dean Echols Edge English Engram Fincher Foster Garner Gillis Harris Hine Howard Hudgins Huggins Kennedy Land

Langford McGill McKenzie Newbill Olmstead Peevy Perry Phillips Ragan Ray Scott of 36th Shumake Starr Stumbaugh Tate Turner

Those not voting were Senators:

Harrison Kidd (excused) Scott of 2nd

Timmons Tolleson

Tysinger Walker

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

592

JOURNAL OF THE SENATE

The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair.
The following bill of the Senate was taken up for the purpose of considering the House amendment thereto:
SB 107. By Senators Gillis of the 20th, Barnes of the 33rd, Dean of the 31st and others: A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to delete the reference to fees charged for hunting and fish ing in designated streams, lakes, or game management areas in Code Section 271-4; to increase the amount of license fees which may be retained by license agents.
The House amendment was as follows: Amend SB 107 by striking on page 5 under Section 4 (1): "(H)"
and by striking on Page 6 under Section 4 (3): "(F)".

Senator Gillis of the 20th moved that the Senate agree to the House amendment to SB 107.

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 Brown of 47th Bryant Burton Coleman Coverdell Crumbley Deal Dean

Echols Edge Engram Fincher Foster Garner Gillis Harris Howard Hudgins Huggins Land Langford McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan jS0jco.tt. ^t 0^d, fcott of 36th Starr Stumbaugh
Turner Tysinger Walker

Those not voting were Senators:

Broun of 46th Dawkins English Harrison

Hine Kennedy (presiding) Kidd (excused) McGill

Shumake Timmons Tolleson

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 107.

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593

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

SB 256. By Senators Coleman of the 1st, Holloway of the 12th, McKenzie of the 14th and others:
A bill to amend Chapter 6 of Title 13 of the Official Code of Georgia Annotated, relating to damages and costs in actions based on contracts, so as to provide for treble damages as a civil remedy for the writing of bad checks; to provide for service charges; to provide for form of notice of a demand; to provide for venue; to provide an effective date.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bowen Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell Crumbley Dean

Echols Edge Engram Foster Gillis Harris Harrison Howard Huggins Land McGill McKenzie Newbill

Olmstead Perry Phillips Ragan Ray Scott of 2nd Shumake Starr Stumbaugh Tolleson Turner Tysinger Walker

Those voting in the negative were Senators:

Barnes Dawkins Deal

Garner Hine

Peevy Tate

Those not voting were Senators:

Brannon English Fincher

Hudgins Kennedy (presiding) Kidd (excused)

Langford Scott of 36th Timmons

On the passage of the bill, the yeas were 39, nays 7.

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

SB 40. By Senator Barnes of the 33rd:
A bill to amend Code Section 34-9-1 of the Official Code of Georgia Annotated, relating to definitions concerning workers' compensation, so as to exclude from the definition of the term "employee" independent contractors who distribute or deliver newspapers; to thereby provide for the inapplicability of the workers' compensation law to such independent contractors.

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The Senate Committee on Industry and Labor offered the following substitute to SB
40:
A BILL
To be entitled an Act to amend Code Section 34-9-1 of the Official Code of Georgia Annotated, relating to definitions concerning workers' compensation, so as to exclude from the definition of the term "employee" certain independent contractors; to thereby provide for the inapplicability of the workers' compensation law to such independent contractors; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 34-9-1 of the Official Code of Georgia Annotated, relating to definitions concerning workers' compensation, is amended by striking in its entirety para graph (2) and inserting in its place a new paragraph (2) to read as follows:
"(2) 'Employee' means every person in the service of another under any contract of hire or apprenticeship, written or implied, except a person whose employment is not in the usual course of the trade, business, occupation, or profession of the employer; and, except as here inafter provided, minors are included even though working in violation of any child labor law or other similar statute; provided, however, that nothing contained in this chapter shall be construed as repealing or altering any such law or statute. Any reference to any employee who has been injured shall, if the employee dies, include his legal representatives, depen dents, and other persons to whom compensation may be payable pursuant to this chapter. All firemen and policemen whose compensation is paid by the state or any county or munic ipality, regardless of the method of appointment, and all full-time county employees and employees of elected salaried county officials are specifically included in this definition. There shall also be included within such term any volunteer firefighter of any county or municipality of this state, but only for volunteer fire-fighting services rendered to such county or municipality and only if the governing authority of the county or municipality for which such services are rendered shall provide by appropriate resolution for inclusion of such volunteer firefighters. There shall also be included within such term any volunteer law enforcement personnel of any county or municipality of this state who are certified by the Georgia Peace Officer Standards and Training Council, but only for volunteer law enforce ment services rendered to such county or municipality and only if the governing authority of the county or municipality for which such services are rendered shall provide by appropriate resolution for inclusion of such volunteer law enforcement personnel. The various elected county officers of an individual county shall also be included in this definition, if the gov erning authority of said county shall provide therefor by appropriate resolution. For the purposes of workers' compensation coverage, employees of county and district health agen cies established under Chapter 3 of Title 31 are deemed and shall be considered employees of the State of Georgia. For the purpose of workers' compensation coverage, members of the Georgia National Guard serving on state active duty pursuant to an order by the Governor are deemed and shall be considered to be employees of this state. A person shall be an independent contractor and not an employee if, pursuant to a written contract identifying him as an independent contractor and through the use or sale of real or personal property owned or leased by him, such person either (A) provides a service; or (B) generates income through buying a product and reselling it.
Notwithstanding the foregoing provisions of this paragraph, any officer of a corporation may elect to be exempt from coverage under this chapter by filing written certification of such election with the State Board of Workers' Compensation as provided in Code Section 34-9-2.1 of this article."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Senators Hine of the 52nd and Edge of the 28th offered the following amendment:
Amend the substitute to SB 40 offered by the Senate Committee on Industry and Labor

FRIDAY, FEBRUARY 13, 1987

595

by striking all matter on lines 1 through 6 of page 3 and inserting in lieu thereof the following:
"not an employee if:
(A) Such person enters into a written contract with the employer identifying such per son as an independent contractor;
(B) Such person performs a substantial part of his work off the premises of the em ployer and outside the direct supervision of the employer; and
(C) Such person provides a service or generates income through buying a product and reselling it."

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

On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill 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 Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean

Echols Edge English Engram Fincher Foster Garner Gillis Harris Harrison Hine Howard Hudgins Huggins Land Langford McGill

McKenzie Newbill Olmstead Peevy Perry Phillips Ragan Ray Scott of 36th Shumake Starr Stumbaugh Tate Tolleson Turner Tysinger Walker

Those not voting were Senators:

Kennedy (presiding) Kidd (excused)

Scott of 2nd

Timmons

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 President resumed the Chair.

The following general bill of the Senate, having been read the third time on February 5

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and committed to the Senate Committee on Special Judiciary, and favorably reported by the committee, was put upon its passage:
SB 177. By Senators Peevy of the 48th, Edge of the 28th and Howard of the 42nd:
A bill to amend Article 9 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to regulation of gasoline marketing practices, so as to pro hibit a refiner, producer, or manufacturer of automotive gasoline from opening and from directly or indirectly operating a retail service station for the retail sale of gasoline; to provide for exceptions.
The Senate Committee on Special Judiciary offered the following substitute to SB 177:
A BILL
To be entitled an Act to amend Article 9 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to regulation of gasoline marketing practices, so as to prohibit a refiner, producer, or manufacturer of automotive gasoline from opening and operating a re tail service station for the retail sale of gasoline; to prohibit certain allocations or limitations on the distribution of gasoline; to provide for exceptions; to provide for certain civil actions; to provide for attorneys' fees; to provide for penalties for certain violations; to provide for the relocation of existing stations; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 9 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to regulation of gasoline marketing practices, is amended by adding at the end thereof a new Code section, to be designated Code Section 10-1-242, to read as follows:
"10-1-242. (a) After April 1, 1987, it shall be unlawful for any refiner, producer, or man ufacturer of automotive gasoline to open a major brand, secondary brand, or unbranded service station for the retail sale of gasoline in the State of Georgia and to operate it with company personnel, a subsidiary company, or a commissioned agent or under a contract with any person, firm, or corporation managing a service station on a fee arrangement with the refiner, producer, or manufacturer.
(b) No person, firm, or corporation engaged in the wholesale distribution of gasoline shall allocate or limit the amount of gasoline to any jobber or distributor, except for reasons of nonpayment of debt by such jobber or distributor or the creditworthiness of such jobber or distributor.
(c) Any person violating the provisions of subsection (a) or subsection (b) of this Code section shall be guilty of a misdemeanor.
(d) Any person, firm, or corporation which is engaged in the distribution of gasoline at wholesale or at retail and which is directly or indirectly affected by a violation of subsection (a) or subsection (b) of this Code section may, for such violation, bring an action against such violator in the superior court of the county where the violator resides or, if the violator is a corporation, bring such action in accordance with the provisions of Title 14 to recover damages sustained by reason of any violation of subsection (a) or subsection (b) of this Code section. The court shall grant such equitable relief as is proper, including declaratory judg ment and injunctive relief. Attorneys' fees shall be controlled by Code Section 13-6-11.
(e) Nothing in this Code section shall be construed so as to prevent the relocation of a service station existing on April 1, 1987."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

FRIDAY, FEBRUARY 13, 1987

597

Senator Barnes of the 33rd offered the following amendment:
Amend the substitute to SB 177 offered by the Senate Committee on Special Judiciary by adding after "any" on line 4, page 2,
"retailer,"
and by adding after "such" on line 6, page 2, "retailer,"
and by adding after "such" on line 7, page 2, "retailer,".
Senator Scott of the 2nd offered the following amendment:
Amend the substitute to SB 177 offered by the Senate Committee on Special Judiciary by striking from line 4 of page 1, line 21 of page 1, and line 1 of page 2 the following:
"or manufacturer", and inserting in its place the following:
"manufacturer, distributor, or wholesaler". By striking from line 20 of page 1 and line 28 of page 2 the following: "April 1, 1987", and inserting in its place the following: "July 1, 1988".
Senator Coleman of the 1st offered the following amendment:
Amend the substitute to SB 177 offered by the Senate Committee on Special Judiciary as follows:
On page 2, paragraph (e), line 27 after "the", insert the words "rebuilding or" and on line 28, change "April 1, 1987" to "July 1, 1988".
Senator Coleman of the 1st offered the following amendment:
Amend the substitute to SB 177 offered by the Senate Committee on Special Judiciary as follows:
On Page 2, add a paragraph (f) to read: "Nothing in this Code section shall be construed so as to prevent the temporary opera tion by a refiner, producer, manufacturer, or distributor of a retail outlet that was previ ously dealer operated until a new dealer is found, enter into a contract to operate the retail outlet, and is ready to commence operation of the retail outlet."
Senator Peevy of the 48th moved that the previous question be ordered.
On the motion, the yeas were 35, nays 0; the motion prevailed, and the previous ques tion was ordered.
On the adoption of the amendment offered by Senator Barnes of the 33rd to the substi-

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tute to SB 177 offered by the Senate Committee on Special Judiciary, the yeas were 44, nays 3, and the amendment was adopted.

On the adoption of the amendment offered by Senator Scott of the 2nd to the substi tute to SB 177 offered by the Senate Committee on Special Judiciary, the yeas were 16, nays 31, and the amendment was lost.

On the adoption of amendment No. 1 offered by Senator Coleman of the 1st to the substitute to SB 177 offered by the Senate Committee on Special Judiciary, the yeas were 17, nays 28, and the amendment was lost.

On the adoption of amendment No. 2 offered by Senator Coleman of the 1st to the substitute to SB 177 offered by the Senate Committee on Special Judiciary, the yeas were 17, nays 29, and the amendment was lost.

On the adoption of the substitute, the yeas were 38, 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 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 Broun of 46th Bryant Crumbley Dawkins Deal Dean

Echols Edge English Engram Garner Gillis Harris Harrison Howard Hudgins Kennedy Land

McGill McKenzie Olmstead Peevy Perry Ragan Ray Scott of 2nd Starr Tate Timmons Turner

Those voting in the negative were Senators:

Brannon
Burton CC,, oovleemrda, enl,,l Fincher
Foster

Hine
Muggins LiJuNaenwgubf-oiililrd Phillips
Scott of 36th

Shumake Stumbaugh rTpolnleson
Tysinger Walker

Not voting were Senators Brown of the 47th and Kidd (excused).

On the passage of the bill, the yeas were 36, nays 17.

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

FRIDAY, FEBRUARY 13, 1987

599

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 225. By Representatives Murphy of the 18th, McDonald of the 12th, Smyre of the 92nd, Benefield of the 72nd, Lawson of the 9th and others: A bill to amend an Act providing appropriations for the State Fiscal Year 19861987 known as the "General Appropriations Act", so as to change certain appro priations for the State Fiscal Year 1986-1987.
The Speaker has appointed on the part of the House, Representatives McDonald of the 12th, Walker of the 115th and Coleman of the 118th.
The following bill of the House was taken up for the purpose of considering the House action thereon:
HB 225. By Representatives Murphy of the 18th, McDonald of the 12th, Smyre of the 92nd, Benefield of the 72nd, Lawson of the 9th and others: A bill to amend an Act providing appropriations for the State Fiscal Year 19861987 known as the "General Appropriations Act", so as to change certain appro priations for the State Fiscal Year 1986-1987.
Senator Dawkins of the 45th moved that the Senate adhere to the Senate substitute to HB 225, 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 substitute to HB 225.
The President appointed as a Conference Committee on the part of the Senate the following: Senators Kennedy of the 4th, Starr of the 44th and Allgood of the 22nd.
Senator Garner of the 30th gave notice that, at the proper time, he would move that the Senate reconsider its action previously today in passing the following bill of the Senate:
SB 256. By Senators Coleman of the 1st, Holloway of the 12th, McKenzie of the 14th and others: A bill to amend Chapter 6 of Title 13 of the Official Code of Georgia Annotated, relating to damages and costs in actions based on contracts, so as to provide for treble damages as a civil remedy for the writing of bad checks; to provide for service charges; to provide for form of notice of a demand; to provide for venue; to provide an effective date.
Senator Peevy of the 48th moved that the following bill of the Senate, passed previ ously today, be immediately transmitted to the House:
SB 177. By Senators Peevy of the 48th, Edge of the 28th and Howard of the 42nd: A bill to amend Article 9 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to regulation of gasoline marketing practices, so as to pro hibit a refiner, producer, or manufacturer of automotive gasoline from opening

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JOURNAL OF THE SENATE

and from directly or indirectly operating a retail service station for the retail sale of gasoline; to provide for exceptions.
On the motion, the yeas were 29, nays 0; the motion prevailed, and SB 177 was immedi ately transmitted to the House.
The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:
SB 190. By Senator Dawkins of the 45th:
A bill to amend Chapter 2 of Title 34 of the Official Code of Georgia Annotated, relating to the Department of Labor, so as to provide that in connection with the maintenance of the office of the Department of Labor, the Commissioner is au thorized and empowered to lease or rent and to negotiate, execute, and adminis ter any necessary lease or rental agreement for office or other space in the cus tody of, but not occupied by, the Department of Labor.
The Senate Committee on Industry and Labor offered the following substitute to SB 190:
A BILL
To be entitled an Act to amend Chapter 2 of Title 34 of the Official Code of Georgia Annotated, relating to the Department of Labor, so as to provide that in connection with the maintenance of the office of the Department of Labor, the Commissioner with the ap proval of the State Properties Commission is authorized and empowered to lease or rent and to negotiate, execute, and administer any necessary lease or rental agreement for office or other space in the custody of, but not occupied by, the Department of Labor; to provide that the Commissioner may use the Department of Administrative Services as his agent in such transactions; to provide for the disposition of funds derived from lease, rental, or simi lar payments by tenants, occupants, or users of such office or other space; to provide that such funds shall not be considered taxes, fees, or assessments within the meaning of a cer tain provision of the Constitution; 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 34 of the Official Code of Georgia Annotated, relating to the Department of Labor, is amended by striking in its entirety Code Section 34-2-5, relat ing to the office of the Department of Labor which is to be maintained by the Commissioner of Labor, and inserting in lieu thereof a new Code Section 34-2-5 to read as follows:
"34-2-5. (a) The Commissioner of Labor shall keep and maintain the office of the De partment of Labor in the City of Atlanta, Georgia, and shall be provided with suitable rooms, necessary furniture, stationery, books, periodicals, maps, instruments, and other nec essary supplies, the expense thereof to be paid by the state in the same manner as other similar expenses are paid. In connection with the maintenance of the office of the Depart ment of Labor, the Commissioner with the approval of the State Properties Commission is authorized and empowered to lease or rent and to negotiate, execute, and administer any necessary lease or rental agreement for office or other space in the custody of, but not occu pied by, the Department of Labor and is further authorized to utilize the Department of Administrative Services as his agent in carrying out the provisions of this subsection.
(b) Notwithstanding any other provisions of law, the Commissioner is authorized to retain all funds derived from lease, rental, or similar payments received from tenants, occu pants, or other users of office or other space for the sole purpose of maintenance of such office or other space. Such funds shall not be considered taxes, fees, or assessments within the meaning of Article VII, Section III, Paragraph II(a) of the Constitution of the State of Georgia, provided that nothing in this subsection shall be construed so as to allow the Com-

FRIDAY, FEBRUARY 13, 1987

601

missioner to retain any funds required by the Constitution of Georgia to be paid into the state treasury."
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 40, nays 0, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun of 46th Bryant
Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols

Edge English Engram
Fincher Foster Gillis Harris Harrison Hine Howard Hudgins Huggins Kennedy Land Langford McGill McKenzie

Newbill Olmstead Peevy Perry Phillips Ragan Ray Scott of 36th Shumake Starr Stumbaugh Tate Tolleson Turner Tysinger Walker

Those not voting were Senators:

Brown of 47th Garner

Kidd (excused) Scott of 2nd

Timmons

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

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

SB 259. By Senators Engram of the 34th and Garner of the 30th:
A bill to amend Code Section 51-4-2 of the Official Code of Georgia Annotated, relating to persons who are entitled to bring actions for the wrongful death of a spouse or parent, so as to provide that a child or children may bring an action for the wrongful death of a parent under certain circumstances; to provide for prac tices and procedures; to provide for proceeds of such actions or settlements thereof.

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

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

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JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bowen

Engram Fincher Foster Garner Gillis

Broun of 46th Bryant Burton Coleman Coverdell Crumbley Deal Dean Echols Edge

Harrison Hine Howard Hudgins Huggins Kennedy Land Langford McGill McKenzie

Newbill Olmstead Peevy Perry Phillips Ragan
Scott of 36th Shumake Starr Tate Tolleson Turner Tysinger Walker

Those not voting were Senators:

Allgood Brown of 47th Dawkins

English Kidd (excused) Scott of 2nd

Stumbaugh Timmons

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

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

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

SR 133. By Senators Kennedy of the 4th and Allgood of the 22nd:
A resolution relative to adjournment by the General Assembly at 5:00 o'clock P.M. on Friday, February 13, and to reconvene at 10:00 o'clock A.M. on Monday, February 16.

On the adoption of the resolution, the yeas were 35, nays 2.

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

Senator Gillis of the 20th assumed the Chair at the direction of the President.

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

SB 231. By Senators Deal of the 49th, Newbill of the 56th and Dawkins of the 45th:
A bill to amend Code Section 20-2-942 of the Official Code of Georgia Annotated, relating to procedure for nonrenewal of contract or demotion after acceptance by teacher of school year contract for fourth consecutive school year and procedure for nonrenewal of contract or demotion by another local board of education, so as to provide for a ten-day period for teachers to review contracts.

The report of the committee, which was favorable to the 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 13, 1987

603

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bowen Brannon Broun of 46th Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean

Echols Edge English Engram Fincher Foster Garner Harris Harrison Hine Howard Hudgins Huggins Land Langford

McGill McKenzie Newbill Olmstead Peevy Perry Phillips Ragan Ray Scott of 36th Shumake Tate Tolleson Turner Tysinger

Those not voting were Senators:

Allgood Brown of 47th Gillis (presiding) Kennedy

Kidd (excused) Scott of 2nd Starr

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

Stumbaugh Timmons Walker

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 adopted by the requisite constitutional majority the following resolution of the Senate:
SR 133. By Senators Allgood of the 22nd and Kennedy of the 4th: A resolution relative to adjournment.

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

SB 219. By Senator Deal of the 49th:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of superior court, so as to change the term of court for the superior court of Hall County in the Northeastern Judicial Circuit; to provide for an effective date.

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

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

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JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Brannon
Brantf ^ Rnrtnn Sman Coverdell Crumbley Dawkins Deal Dean Echols

Edge English Engram Fincher Garner
Ha"is Harrison TM Howard Huggins Land Langford McGill McKenzie

Newbill Olmstead Peevy Perry Phillips
Raga" Ray Scott of 36th Tate Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Allgood Bowen Brown of 47th Foster

Gillis (presiding) Hudgins Kennedy Kidd (excused)

Scott of 2nd Shumake Starr Stumbaugh

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

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

SB 200. By Senator Deal of the 49th:
A bill to amend Code Section 15-10-41 of the Official Code of Georgia Annotated, relating to trial of civil actions in magistrate court and appeal from judgments returned in magistrate court, so as to change provisions relating to appeals from judgments of magistrate courts.

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

On 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 Brannon Broun of 46th f^f * BCoulretomnan
Coverdell Crumbley Dawkins Deal Dean Echols

Edge English Engram Fincher Garner Harris "arrison HHomweard
Huggins Land Langford McGill McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan p. Scott of 36th ,,S.tumb, augh,
Tate Timmons Tolleson Turner Tysinger Walker

FRIDAY, FEBRUARY 13, 1987

605

Those not voting were Senators:

Allgood Bowen Brown of 47th Foster

Gillis (presiding) Hudgins Kennedy Kidd (excused)

Scott of 2nd Shumake Starr

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

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

SB 140. By Senator Barnes of the 33rd:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions concerning torts, so as to provide for the dismissal of strict liability in tort claims against certain defendants who certify the correct identity of the manufacturer of the product allegedly causing injury, death, or damage; to provide exceptions; to define certain terms.

Senators Deal of the 49th and Barnes of the 33rd offered the following amendment:

Amend SB 140 by adding after the word "to" on line 3 of page 1 the following:
"provide that in certain actions against manufacturers of personal property, punitive damages may not be awarded where a product complied at the time of its manufacture with certain governmental standards or specifications; to".
By adding immediately after the enacting clause and before Section 1 the following:
"Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions concerning torts, is amended by striking subsection (b) of Code Section 51-1-11 of the Official Code of Georgia Annotated, relating to when privity is and is not required to support certain contract and tort actions, and inserting in its place a new subsection to read as follows:
'(b) (1) The manufacturer of any personal property sold as new property directly or through a dealer or any other person shall be liable in tort, irrespective of privity, to any natural person who may use, consume, or reasonably be affected by the property and who suffers injury to his person or property because the property when sold by the manufacturer was not merchantable and reasonably suited to the use intended, and its condition when sold is the proximate cause of the injury sustained.
(2) Absent proof by clear and convincing evidence that the defendant intentionally and fraudulently withheld from or misrepresented to the state or federal agency information known to be material and relevant to the harm in question, punitive damages may not be awarded in an action subject to this subsection where the personal property alleged to have caused the claimant's harm complied in material respects, at the time of its manufacture, with standards, conditions, or specifications established, adopted, or approved by a federal or state statute or by an agency of federal or state government responsible for the design, formulation, labeling, packaging, performance, or approval of the product.
(3) No action shall be commenced pursuant to this subsection with respect to an injury after ten years from the date of the first sale for use or consumption of the personal prop erty causing or otherwise bringing about the injury.
(4) A manufacturer may not exclude or limit the operation of this subsection.' "
By renumbering former Sections 1 and 2 as Sections 2 and 3.
By adding after the word "is" on line 16 of page 1 the word "further".

On the adoption of the amendment, the yeas were 35, 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 Baldwin Barker Barnes Bowen Brannon Broun of 46th Bryant Burton Coleman Crumbley Dawkins Deal Dean Echols

Edge English Engrain Fincher Garner Harris Harrison Hine Howard Huggins Land Langford McGill McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan Ray Scott of 2nd Shumake Stumbaugh Tate Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Allgood Brown of 47th Coverdell Foster

Gillis (presiding) Hudgins Kennedy

Kidd (excused) Scott of 36th Starr

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 125. By Representatives Pannell of the 122nd, Childers of the 15th, Hooks of the 116th, Moultrie of the 93rd and Richardson of the 52nd:
A bill to amend Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to dentists, so as to provide for definitions; to change which acts consti tute the practice of dentistry; to provide for the use of conscious sedation and general anesthesia by dentists and certain other persons; to provide for morbid ity, mortality, and injury reports.
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 Baldwin Barker Barnes Bowen Broun of 46th Bryant

Burton Coleman Crumbley Dawkins Deal Dean Echols

Edge English Engram Fincher Garner Harris Harrison

FRIDAY, FEBRUARY 13, 1987

607

Hine Howard Muggins Land Langford McGill McKenzie

Newbill Olmstead Peevy Perry Phillips Ragan Ray

Scott of 2nd Scott of 36th Stumbaugh Tate Timmons Turner Tysinger

Voting in the negative was Senator Brannon.

Those not voting were Senators:

Allgood Brown of 47th Coverdell Foster

Gillis (presiding) Hudgins Kennedy Kidd (excused)

Shumake Starr Tolleson Walker

On the passage of the bill, the yeas were 42, nays 1.

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

HB 121. By Representatives Lawson of the 9th, Jackson of the 9th and Wood of the 9th:
A bill to amend Code Section 48-5-314 of the Official Code of Georgia Annotated, relating to the confidentiality of certain taxpayer records, so as to provide that certain materials containing information gathered by personnel of the county board of tax assessors shall not be confidential; to provide that records which are not confidential shall be subject to inspection at all times during office hours.

Senate Sponsor: Senator Peevy of the 48th.

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

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

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes
Bowen BDBPrroanunnot oncf 4A<6>tLh\.
Burton Coleman Crumbley Dawkins Deal Dean

Echols Edge English Engram
Fincher GruHaarrnriesr
Hine Huggins Land Langford McGill McKenzie

Those not voting were Senators:

Allgood Brown of 47th Coverdell Foster
Gillis (presiding)

Harrison Howard Hudgins Kennedy
Kidd (excused)

Newbill Olmstead Peevy Perry Phillips pKQSca_oy,,*t*t oef o2ndj
Scott of 36th Stumbaugh Tate Timmons Turner Tysinger
Ragan Shumake Starr Tolleson Walker

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JOURNAL OF THE SENATE

On the passage of the bill, the yeas were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following report of the Committee on Enrolling and Journals was read by the Secretary:
Mr. President:
The Committee on Enrolling and Journals has read and examined the following Senate bills and has instructed me to report the same back to the Senate as correct and ready for transmission to the Governor:
SB 95. SB 181.
Respectfully submitted, Is/ Ed Barker, Chairman
Senator, District 18
Senator Walker of the 43rd moved that the Senate stand in recess until 5:00 o'clock P.M. today at which time the Senate would stand adjourned pursuant to SR 133, adopted previously, until 10:00 o'clock A.M. Monday, February 16, and the motion prevailed.
At 11:45 o'clock A.M., Senator Gillis of the 20th, who was presiding at the direction of the President, announced that the Senate would stand in recess until 5:00 o'clock P.M. to day at which time the Senate would stand adjourned pursuant to SR 133 until 10:00 o'clock A.M. Monday, February 16.

MONDAY, FEBRUARY 16, 1987

609

Senate Chamber, Atlanta, Georgia Monday, February 16, 1987
Twenty-fourth Legislative Day

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

Senator Barker of the 18th reported that the Journal of the proceedings of Friday, Feb ruary 13, had been read and found correct.

Senator Garner of the 30th moved that the Senate reconsider its action of February 13 in passing the following bill of the Senate:

SB 256. By Senators Coleman of the 1st, Holloway of the 12th, McKenzie of the 14th and others:
A bill to amend Chapter 6 of Title 13 of the Official Code of Georgia Annotated, relating to damages and costs in actions based on contracts, so as to provide for treble damages as a civil remedy for the writing of bad checks; to provide for service charges; to provide for form of notice of a demand; to provide for venue; to provide an effective date.

On the motion, Senator Coleman of the 1st 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 Crumbley

Deal Engram Garner Hine

Langford Peevy Scott of 36th Shumake

Those voting in the negative were Senators:

Allgood Baldwin Barker Bowen Brown of 47th Bryant Burton Coleman Dean Echols Edge

English Foster Gillis Harris Harrison Huggins Kennedy McGill McKenzie Newbill

Olmstead Perry Phillips Ragan Ray Stumbaugh Tolleson Turner Tysinger Walker

Those not voting were Senators:

Broun of 46th Coverdell Dawkins Fincher

Howard (excused) Hudgins Kidd (excused) Land

Scott of 2nd Starr Tate Timmons

On the motion, the yeas were 12, nays 31; the motion was lost, and SB 256 was not reconsidered.

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

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JOURNAL OF THE SENATE

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House and Senate:
HB 372. By Representatives Jackson of the 9th and Wood of the 9th:
A bill to provide that the homestead of each resident of the City of Gainesville Independent School District which is otherwise eligible for the exemption from ad valorem taxes for educational purposes provided for in Code Section 48-5-52 of the Official Code of Georgia Annotated, shall be eligible for such exemption if the net income of the owner from all sources does not exceed $12,000.00 for the immediately preceding taxable year for income tax purposes.
HB 495. By Representatives Herbert of the 76th and Mostiler of the 75th:
A bill to amend an Act creating a new charter for the City of Griffin, so as to change the number of members of the municipal governing body from five to seven and the manner of electing such members by providing for the election of six members from single-member districts apportioned on the basis of population and one member elected at large.
HB 682. By Representatives Foster of the 6th and Griffin 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 providing for the division of Whitfield County into school districts and for the election of members of the County Board of Education from such districts and providing for the election of the County School Superintendent of Whitfield County by the County Board of Education.
HB 683. By Representatives Foster of the 6th and Griffin 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 granting a $10,000.00 homestead exemp tion from municipal ad valorem taxation to each resident of the City of Dalton who is 62 years of age or over or is totally disabled and who meets certain income qualifications.
HB 684. By Representatives Foster of the 6th and Griffin 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 increasing the amount of the homestead exemption from ad valorem taxation of each resident of Whitfield County to $10,000.00 from $2,000.00 for the purposes of all Whitfield County taxes, except Whitfield County school district taxes and taxes to retire bonded indebtedness.
HB 721. By Representatives Birdsong of the 104th and Waldrep of the 80th:
A bill to amend an Act creating a new board of commissioners for Jones County, so as to provide for an annual publication of the name, department, and salary of each county employee; to provide for publication of the name, department, and salary of new employees.

MONDAY, FEBRUARY 16, 1987

611

HB 723. By Representatives Wall of the 61st, Pittman of the 60th, Bannister of the 62nd, Mobley of the 64th Lawson of the 9th and others: A bill to amend an Act to continue and re-create the State Court of Gwinnett County, so as to provide for an additional judge for the State Court of Gwinnett County.
HB 728. By Representatives Barnett of the 59th, Wall of the 61st, Bannister of the 62nd, Mobley of the 64th and Pittman of the 60th: A bill to amend an Act creating a Board of Commissioners of Gwinnett County, so as to change the compensation of the members of said board and to change the compensation of the chairman.
HB 730. By Representatives Padgett of the 86th, Walker of the 85th, Brown of the 88th, Ransom of the 90th and Connell of the 87th: A bill to create the Oak Ridge Water and Sewerage Authority in Richmond County, Georgia.
HB 731. By Representative Pittman of the 60th: A bill to create a new charter for the City of Suwanee.
HB 734. By Representative Smith of the 78th: A bill to provide a new charter for the Town of Jenkinsburg.
HB 744. By Representative Crosby of the 150th: A bill to amend an Act creating a new charter for the City of Willacoochee, so as to change the terms of office to be served by the mayor and aldermen.
HB 746. By Representative Green of the 106th: A bill to amend an Act creating the Board of County Commissioners of Hancock County, so as to change the compensation of the chairman of the board.
HB 747. By Representative Green of the 106th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment setting the compensation for the Putnam County Tax Collector.
HB 749. By Representatives Milford of the 13th and Clark of the 13th: A bill to amend an Act repealing an Act creating the office of commissioner of roads and bridges and a board of finance for Franklin County and creating the office of commissioner of Franklin County and an advisory board, so as to change the meeting date of the advisory board.
HB 750. By Representatives Griffin of the 6th and Foster of the 6th: A bill to provide a new charter for the City of Tunnel Hill.
HB 558. By Representative Lane of the 27th: A bill to amend Code Section 31-31-1 of the Official Code of Georgia Annotated, relating to definitions in connection with boxing match licenses, so as to change the definition of the term "professional boxing match".
SB 69. By Senators Fincher of the 54th and Huggins of the 53rd: 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 Lakeview-Fort Ogle-

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JOURNAL OF THE SENATE

thorpe-Catoosa County Stadium Authority; to provide the authority for this Act; to provide an effective date.
HB 6. By Representative Childers of the 15th:
A bill to amend Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to game and fish licenses, permits, and stamps, so as to provide that the commissioner of natural resources shall designate certain days as free fishing days during which residents may fish without obtaining a fishing license.
HB 87. By Representatives Crosby of the 150th, Murphy of the 18th, Sizemore of the 136th, Lane of the lllth, Bishop of the 94th and others:
A bill to amend Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code", so as to extensively revise provisions relating to Georgia income tax; to revise provisions relating to Georgia estate tax; to define the terms "Internal Revenue Code", "Internal Revenue Code of 1954", and "Internal Reve nue Code of 1986" and to thereby incorporate provisions of federal law into Georgia law.
HB 212. By Representatives Lee of the 72nd and Walker of the 115th:
A bill to amend Chapter 5 of Title 15 of the Official Code of Georgia Annotated, relating to the administration of courts of record generally, so as to provide for a funding mechanism for the provision of certain administrative services by the Department of Administrative Services to the superior courts of the State of Georgia.
HB 244. By Representatives Martin of the 26th and Coleman of the 118th:
A bill to amend Article 2 of Chapter 13 of Title 16 of-the Official Code of Georgia Annotated, relating to the regulation of controlled substances, so as to provide for the utilization of certain money, property, or proceeds therefrom seized or forfeited pursuant to federal law and transferred to law enforcement agencies of the state and political subdivisions thereof.
HB 335. By Representatives Brown of the 88th, Bishop of the 94th, Aaron of the 56th, Atkins of the 21st and Randall of the 101st:
A bill to amend Article 1 of Chapter 4 of Title 3 of the Official Code of Georgia Annotated, relating to general provisions affecting distilled spirits, so as to au thorize the display of a sign bearing the trade name of a licensed retail dealer and related items on the outside of the business premises.
HB 355. By Representatives Connell of the 87th, Johnson of the 72nd and Buck of the 95th:
A bill to amend Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Firemen's Pension Fund, so as to delete certain provisions relating to eligibility to make application for membership in the fund, provisions which expired on November 1, 1984.
HB 365. By Representative Robinson of the 96th:
A bill to amend Code Section 16-11-106 of the Official Code of Georgia Anno tated, relating to the possession of a firearm or knife during the commission of or attempt to commit certain crimes, so as to clarify that such firearm or knife must be in the possession of the person.

MONDAY, FEBRUARY 16, 1987

613

HB 452. By Representatives Bargeron of the 108th, Cox of the 141st, Greene of the 130th and Ricketson of the 82nd: A bill to amend Code Section 45-16-1 of the Official Code of Georgia Annotated, relating to election and qualifications of coroners, so as to provide that a person holding any municipal office is specifically authorized to simultaneously serve as a coroner.
HB 521. By Representative Connell of the 87th: A bill to amend Code Section 36-37-6 of the Official Code of Georgia Annotated, relating to the sale of municipal property by sealed bids or auction generally, so as to provide an exception to such procedures for the sale of certain properties no longer needed for road purposes.
HB 553. By Representatives Aiken of the 21st and Padgett of the 86th: A bill to amend Code Section 33-27-1 of the Official Code of Georgia Annotated, relating to group life insurance requirements generally, so as to increase the max imum coverage for debtors.
HB 582. By Representatives Milam of the 81st and Ware of the 77th: A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide a definition of "direct response insurance business"; to provide that foreign or alien insurers who conduct direct response insurance business in this state shall be required to maintain a licensed agent resident in this state; to require such insurers to maintain an office within this state or provide collect or toll free telephone service to policyholders.
HB 605. By Representative Walker of the 85th: 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 definition of a certain term; to change certain provisions relating to the regis tration of charitable organizations.
The House has passed, as amended, by the requisite constitutional majority the follow ing bills of the Senate:
SB 45. By Senator Barnes of the 33rd: A bill to amend Article 4 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, the "Georgia Driver Improvement Act," so as to change the maxi mum fees which may be charged by driver improvement clinics for alcohol and drug courses, defensive driving courses, and other courses and programs.
SB 208. By Senator Turner of the 8th: A bill to amend Chapter 3 of Title 1 of the Official Code of Georgia Annotated, relating to laws and statutes, so as to change a definition; to amend Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, so as to delete certain provisions relating to the exercise of jurisdiction of the judge of the probate court in county matters.
The House has agreed to the Senate amendment to the following bill of the House:
HB 78. By Representatives Alien of the 127th, Triplett of the 128th, Pannell of the 122nd, Mueller of the 126th, Kingston of the 125th and others: A bill to amend an Act providing for the compensation of certain officials in Chatham County so as to change the compensation of certain officials.

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JOURNAL OF THE SENATE

The House has disagreed to the Senate amendments to the following bills of the House:
HB 185. By Representatives Bray of the 91st, Holmes of the 28th and Moultrie of the 93rd: A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to change certain provisions relating to the deadline for transmis sion of certain qualifying fees to the superintendent of the county or the Secre tary of State; to change the provisions relating to the filing deadline for certain notices of candidacy.
HB 386. By Representatives Birdsong of the 104th and Waldrep of the 80th:
A bill to amend an Act providing for the appointment of the chief magistrate and other magistrates of the Magistrate Court of Jones County, so as to provide that the judge of the Probate Court of Jones County shall serve as chief magistrate of the Magistrate Court of Jones County.
The House has adopted by the requisite constitutional majority the following resolu tions of the House:
HR 230. By Representatives Chambless of the 133rd, White of the 132nd, Balkcom of the 140th, Hanner of the 131st and Hooks of the 116th:
A resolution commending Nancy Lopez and inviting her to appear before the House of Representatives.
HR 231. By Representatives Chambless of the 133rd, White of the 132nd, Balkcom of the 140th, Hanner of the 131st and Hooks of the 116th:
A resolution commending Ray Knight and inviting him to appear before the House of Representatives.
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 13, 1987
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 registered in the Docket of Legislative Appearance for the 1987 Regular Session the week of February 8, 1987, as of 3:00 p.m. this date. The list is numbered 647 through 677.
Please note the list reflects the following addition for #310, John D. Elliott--Georgia Association of Bondsmen.
With best wishes, I am
Most sincerely,
/s/ Max Cleland

MONDAY, FEBRUARY 16, 1987

615

Attachments:
Received by /s/ Hamilton McWhorter, Jr.

STATE OF GEORGIA Office of Secretary of State
I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that the attached list contains the names and addresses of those persons, numbered 647 through 677, who have registered in the Docket of Legislative Appearance as of February 13, 1987, 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 13th day of February, in the year of our Lord One Thousand Nine Hundred and Eighty-Seven and of the Independence of the United States of America the Two Hundred and eleventh.
/s/ Max Cleland Secretary of State

(SEAL)
647. Mary Kay Humphries SELF 1249 Zimmer Drive Atlanta, Georgia 30306
404/872-8438
648. Linda Courtney Jones SELF 856 Brandy Oaks Lane Stone Mountain, Georgia 30088 404/469-2456
649. Guy Slappey United Transportation Union Route 6, Box 930 Thomasville, Georgia 31792 912/226-1292
650. Norma Yucel P.T.A.G. 550 Peachtree Street, N.E. Atlanta, Georgia 30365 404/892-4411 Ext. 2386
651. J.P. Harris REGISTERED AGENT Post Office Box 490547 Atlanta, Georgia 30349 404/766-3257
652. Sue Ella Deadwyler Georgia Insight 4168 Rue Antoinette Stone Mountain, Georgia 30083 404/294-4919

653. Louis Marshall Albritton SELF 1275 Peachtree Street, N.E. Suite 700 Atlanta, Georgia 30309 404/872-7000
654. Virginia Montes Albury Georgia Housing Coalition 250 Georgia Avenue, S.E. Atlanta, Georgia 30312 404/523-0896
655. James H. Blanchard REGISTERED AGENT CB & T Bancshares Inc. Total Systems Services, Inc. Georgia Banking Association Georgians for Better Transportation Post Office Box 120 Columbus, Georgia 31902 404/649-2201
656. SaSandra E. Fischer Georgia Association of Educators 201 Ashby Street, N.W. Atlanta, Georgia 30314 404/524-8605
657. Alida Cooper Silverman Georgia & Atlanta-Fulton League of Women Voters 909 Oakdale Road, N.E. Atlanta, Georgia 30307 404/874-0028

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JOURNAL OF THE SENATE

658. Nancy M. Sales Georgia & Atlanta-Fulton League of Women Voters 675 Gordon Place, S.W. Atlanta, Georgia 30310 404/758-2510
659. Tom Watson Brown REGISTERED AGENT Georgia Association of Broadcasters Federated Investors, Inc. 2100 Cain Tower 229 Peachtree Street, N.E. Atlanta, Georgia 30303 404/525-3311
660. Thomas Lewis Osborne Southeastern Oil Marketers Association Inc. 1100 Spring Street, N.W. #385 Atlanta, Georgia 30309 404/874-8325
661. Michael Andrew Vaughn Georgia Chiropractic Association 1607 Skidaway Road Savannah, Georgia 31404 912/232-3135
662. Albert John Janezie Tenneco Oil Processing & Marketing 1100 Milam, Room T-2224 Houston, TX 77001 713/757-8714
663. Linda Clawson Smith Georgia Association of Personal Care Homes Inc. 11965 Old Mountain Park Road Roswell, Georgia 30075 404/992-7324
664. Sonja M. Munnion Georgia Association of Personal Care Homes Inc. 11965 Old Mountain Park Road Roswell, Georgia 30075 404/992-7324
665. George Hugh Ross Merrell Dow Pharmaceuticals Inc. 4678 Jefferson Township Lane Marietta, Georgia 30066 404/992-6245
666. James P. Kulstad SELF 158 Flora Avenue Atlanta, Georgia 30307 404/588-9455

667. Harold E. Bryant Blue Cross and Blue Shield of Georgia Inc. Post Office Box 4445 Atlanta, Georgia 30302 404/262-8431
668. Nettie Walraven CWA 3516 Covington Highway Decatur, Georgia 30032 404/296-5553
669. Sara F. Carney CWA 100 Carney Lake Drive Winterville, Georgia 30683 404/543-3333
670. Joseph Lee Price REGISTERED AGENT WXLL Temple of Deliverance 1401 Boulevard Drive Atlanta, Georgia 30317 404/584-7429
671. Donald J. Ellis National Marine Mfg. Association Greenfleld, Ellis & Bost 229 Peachtree Street, N.E. Suite 1001 Atlanta, Georgia 30303 404/659-2300
672. Jeff Bickerstaff American Family Life 1821 Iris Drive Columbus, Georgia 31906 404/327-5363
673. Robert J. Thomas American Sub-Contractors Association-Georgia Chapter 1783 Washington Avenue East Point, Georgia 30344 404/766-1631
674. Neil Clifton Scheemm Concrete Contractors Association of Georgia Inc. 1410 Peachtree Center Tower 230 Peachtree Street, N.W. Atlanta, Georgia 30303 404/522-1410

MONDAY, FEBRUARY 16, 1987

617

675. Konny Light Mitchell Business in Middle Georgia 2308 Harris Tower 233 Peachtree Street, N.E. Atlanta, Georgia 30303 404/521-1808
676. Gil S. Robison Georgia AIDS Action Committee Suite 900 Peachtree Center Tower 230 Peachtree Street Atlanta, Georgia 30303 404/525-1139

677. Julie Marija Engle Executive Advisory Inc. 145 Elizabeth Street, N.E. Atlanta, Georgia 30307 404/681-2653

The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 318. By Senators Burton of the 5th, Albert of the 23rd and Phillips of the 9th:
A bill to amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to create the Advisory Commission on Programs for the Blind; to provide for membership and terms; to provide qualifications; to provide for compensation and expenses; to provide duties and responsibilities; to provide for recommendations and reports; to provide a termination date.
Referred to Committee on Governmental Operations.
SB 319. By Senators Langford of the 35th, Engram of the 34th, Scott of the 36th and others:
A bill to amend an Act providing for urban enterprise zones in the City of At lanta, as amended, so as to provide that urban enterprise zones for commercial and industrial purposes may be created in census tracts in which the percentage of total jobs lost for certain five-year periods was at least double the percentage of jobs lost during such period for Fulton County as a whole.
Referred to Committee on Urban and County Affairs.
SB 320. By Senators Langford of the 35th, Engram of the 34th, Scott of the 36th and Tate of the 38th:
A bill to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to create the Atlanta Market for Georgia Farm Products Au thority; to provide for a short title; to provide for definitions; to provide for pow ers, duties, purpose, and authority of the authority; to assign the authority to the Department of Agriculture for administrative purposes.
Referred to Committee on Agriculture.
SB 321. By Senator Albert of the 23rd:
A bill to amend Code Section 31-5-3 of the Official Code of Georgia Annotated, relating to appeals from final decisions of the Department of Human Resources, so as to provide in such appeals for the right to a jury trial de novo before a superior court; to provide for a supercedeas of the decision of the Department of Human Resources pending appeal.
Referred to Committee on Human Resources.

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JOURNAL OF THE SENATE

SB 322. By Senator Timmons of the llth:
A bill to amend Chapter 9 of Title 47 of the Official Code of Georgia Annotated, known as the "Act Creating the Superior Court Judges Retirement System," so as to change the provisions relating to the board of trustees; to change the num ber of years of creditable service necessary for the vesting of the right to receive benefits.
Referred to Committee on Retirement.
SB 323. By Senators Newbill of the 56th, Burton of the 5th, Albert of the 23rd and others:
A bill to amend Article 5 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local school superintendents, so as to change certain provi sions relating to the election of certain local school superintendents and provide for the appointment of local school superintendents by their respective local boards of education.
Referred to Committee on Education.
SB 324. By Senators Newbill of the 56th, Burton of the 5th, Tysinger of the 41st and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections and Title 45 of the Official Code of Georgia Annotated, relating to pub lic officers and employees, so as to provide that the Commissioner of Insurance shall not be an elected constitutional officer; to change certain election require ments and procedures; to change certain provisions relating to temporary disabil ity of certain elected constitutional executive officers.
Referred to Committee on Governmental Operations.
SB 325. By Senators Newbill of the 56th, Burton of the 5th, Albert of the 23rd and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, and Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to provide that the Commissioner of Labor shall not be an elected constitutional officer; to change certain election requirements and procedures; to provide that the Commissioner of Labor shall be appointed by the Governor.
Referred to Committee on Governmental Operations.
SB 326. By Senators Newbill of the 56th, Burton of the 5th, Albert of the 23rd and others:
A bill to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, Title 21 of the Official Code of Georgia Annotated, relating to elec tions, and Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to provide that the Commissioner of Agriculture shall not be an elected constitutional officer; to provide that the Commissioner of Agriculture shall be appointed by the Governor for a term of four years or until his successor is appointed and qualified.
Referred to Committee on Governmental Operations.

MONDAY, FEBRUARY 16, 1987

619

SB 327. By Senator Walker of the 43rd:
A bill to amend Code Section 36-82-7 of the Official Code of Georgia Annotated, relating to authorized investments for bond proceeds, so as to change provisions relating to authorized investments.
Referred to Committee on Banking and Finance.
SR 129. By Senators Newbill of the 56th, Burton of the 5th, Albert of the 23rd and others:
A resolution proposing an amendment to the Constitution so as to provide that school superintendents shall be appointed by their respective boards of educa tion; to revise the provisions relating to changes in school boards and superin tendents; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Education.
SR 130. By Senators Newbill of the 56th, Burton of the 5th, Tysinger of the 41st and others:
A resolution proposing an amendment to the Constitution so as to provide for the appointment of the Commissioner of Insurance by the Governor; to provide for the Commissioner of Insurance in office on January 1, 1989; to provide for other matters relative to the foregoing; to provide for submission of this amend ment for ratification or rejection.
Referred to Committee on Governmental Operations.
SR 131. By Senators Newbill of the 56th, Burton of the 5th, Albert of the 23rd and others:
A resolution proposing an amendment to the Constitution so as to provide for the appointment of the Commissioner of Labor by the Governor; to provide for the Commissioner of Labor in office on January 1, 1989; to provide for other matters relative to the foregoing; to provide for submission of this amendment for ratification or rejection.
Referred to Committee on Governmental Operations.
SR 132. By Senators Newbill of the 56th, Burton of the 5th, Albert of the 23rd and others:
A resolution proposing an amendment to the Constitution so as to provide for the appointment of the Commissioner of Agriculture by the Governor; to provide for the Commissioner of Agriculture in office on January 1, 1989; to provide for other matters relative to the foregoing; to provide for submission of this amend ment for ratification or rejection.
Referred to Committee on Governmental Operations.
The following bills of the House were read the first time and referred to committees:
HB 6. By Representative Childers of the 15th:
A bill to amend Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to game and fish licenses, permits, and stamps, so as to provide that the commissioner of natural resources shall designate certain days as free fishing days during which residents may fish without obtaining a fishing license.
Referred to Committee on Natural Resources.

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JOURNAL OF THE SENATE

HB 87. By Representatives Crosby of the 150th, Murphy of the 18th, Dover of the llth and Bishop of the 94th:
A bill to amend Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code", so as to extensively revise provisions relating to Georgia income tax; to revise provisions relating to Georgia estate tax; to define the terms "Internal Revenue Code", "Internal Revenue Code of 1954", and "Internal Reve nue Code of 1986" and to thereby incorporate provisions of federal law into Georgia law. Referred to Committee on Banking and Finance.
HB 212. By Representatives Lee of the 72nd and Walker of the 115th:
A bill to amend Chapter 5 of Title 15 of the Official Code of Georgia Annotated, relating to the administration of courts of record generally, so as to provide for a funding mechanism for the provision of certain administrative services by the Department of Administrative Services to the superior courts of the State of Georgia. Referred to Committee on Appropriations.
HB 244. By Representatives Martin of the 26th and Coleman of the 118th:
A bill to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to the regulation of controlled substances, so as to provide for the utilization of certain money, property, or proceeds therefrom seized or forfeited pursuant to federal law and transferred to law enforcement agencies of the state and political subdivisions thereof. Referred to Committee on Public Safety.
HB 335. By Representatives Brown of the 88th, Bishop of the 94th, Aaron of the 56th and others:
A bill to amend Article 1 of Chapter 4 of Title 3 of the Official Code of Georgia Annotated, relating to general provisions affecting distilled spirits, so as to au thorize the display of a sign bearing the trade name of a licensed retail dealer and related items on the outside of the business premises. Referred to Committee on Consumer Affairs.
HB 355. By Representatives Connell of the 87th, Johnson of the 72nd and Buck of the 95th:
A bill to amend Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Firemen's Pension Fund, so as to delete certain provisions relating to eligibility to make application for membership in the fund, provisions which expired on November 1, 1984. Referred to Committee on Retirement.
HB 365. By Representative Robinson of the 96th:
A bill to amend Code Section 16-11-106 of the Official Code of Georgia Anno tated, relating to the possession of a firearm or knife during the commission of or attempt to commit certain crimes, so as to clarify that such firearm or knife must be in the possession of the person. Referred to Committee on Judiciary.
HB 452. By Representatives Bargeron of the 108th, Cox of the 141st, Greene of the 130th and Ricketson of the 82nd:
A bill to amend Code Section 45-16-1 of the Official Code of Georgia Annotated, relating to election and qualifications of coroners, so as to provide that a person

MONDAY, FEBRUARY 16, 1987

621

holding any municipal office is specifically authorized to simultaneously serve as a coroner. Referred to Committee on Governmental Operations.
HB 521. By Representative Connell of the 87th:
A bill to amend Code Section 36-37-6 of the Official Code of Georgia Annotated, relating to the sale of municipal property by sealed bids or auction generally, so as to provide an exception to such procedures for the sale of certain properties no longer needed for road purposes. Referred to Committee on Urban and County Affairs (General).
HB 553. By Representatives Aiken of the 21st and Padgett of the 86th:
A bill to amend Code Section 33-27-1 of the Official Code of Georgia Annotated, relating to group life insurance requirements generally, so as to increase the max imum coverage for debtors. Referred to Committee on Banking and Finance.
HB 558. By Representative Lane of the 27th:
A bill to amend Code Section 31-31-1 of the Official Code of Georgia Annotated, relating to definitions in connection with boxing match licenses, so as to change the definition of the term "professional boxing match". Referred to Committee on Governmental Operations.
HB 582. By Representatives Milam of the 81st and Ware of the 77th:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide a definition of "direct response insurance business"; to provide that foreign or alien insurers who conduct direct response insurance business in this state shall be required to maintain a licensed agent resident in this state; to require such insurers to maintain an office within this state or provide collect or toll free telephone service to policyholders. Referred to Committee on Insurance.
HB 605. By Representative Walker of the 85th:
A bill to amend Chapter 17 of Title 43 of the O.C.G.A., relating to professional fund raisers and professional solicitors, so as to change the definition of a certain term; to change certain provisions relating to the registration of charitable organizations. Referred to Committee on Judiciary.
HB 372. By Representatives Jackson of the 9th and Wood of the 9th: A bill to provide that the homestead of each resident of the City of Gainesville Independent School District which is otherwise eligible for the exemption from ad valorem taxes for educational purposes provided for in Code Section 48-5-52 of the Official Code of Georgia Annotated, shall be eligible for such exemption if the net income of the owner from all sources does not exceed $12,000.00 for the immediately preceding taxable year for income tax purposes.
Referred to Committee on Urban and County Affairs.
HB 495. By Representatives Herbert of the 76th and Mostiler of the 75th:
A bill to amend an Act creating a new charter for the City of Griffin, so as to change the number of members of the municipal governing body from five to seven and the manner of electing such members by providing for the election of

622

JOURNAL OF THE SENATE

six members from single-member districts apportioned on the basis of population and one member elected at large. Referred to Committee on Urban and County Affairs.
HB 682. By Representatives Foster of the 6th and Griffin 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 providing for the division of Whitfield County into school districts and for the election of members of the County Board of Education from such districts and providing for the election of the County School Superintendent of Whitfield County by the County Board of Education.
Referred to Committee on Urban and County Affairs.
HB 683. By Representatives Foster of the 6th and Griffin 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 granting a $10,000.00 homestead exemp tion from municipal ad valorem taxation to each resident of the City of Dalton who is 62 years of age or over or is totally disabled and who meets certain income qualifications.
Referred to Committee on Urban and County Affairs.
HB 684. By Representatives Foster of the 6th and Griffin 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 increasing the amount of the homestead exemption from ad valorem taxation of each resident of Whitfield County to $10,000.00 from $2,000.00 for the purposes of all Whitfield County taxes, except Whitfield County school district taxes and taxes to retire bonded indebtedness. Referred to Committee on Urban and County Affairs.
HB 721. By Representative Pinkston of the 100th:
A bill to amend an Act creating a new board of commissioners for Jones County, so as to provide for an annual publication of the name, department, and salary of each county employee; to provide for publication of the name, department, and salary of new employees.
Referred to Committee on Urban and County Affairs.
HB 723. By Representatives Wall of the 61st, Pittman of the 60th, Bannister of the 62nd and others:
A bill to amend an Act to continue and re-create the State Court of Gwinnett County, so as to provide for an additional judge for the State Court of Gwinnett County.
Referred to Committee on Urban and County Affairs.
HB 728. By Representatives Barnett of the 59th, Wall of the 61st, Bannister of the 62nd and others:
A bill to amend an Act creating a Board of Commissioners of Gwinnett County, so as to change the compensation of the members of said board and to change the compensation of the chairman.
Referred to Committee on Urban and County Affairs.

MONDAY, FEBRUARY 16, 1987

623

HB 730. By Representatives Padgett of the 86th, Walker of the 85th, Brown of the 88th and others: A bill to create the Oak Ridge Water and Sewerage Authority in Richmond County, Georgia.
Referred to Committee on Urban and County Affairs.
HB 731. By Representative Pittman of the 60th: A bill to create a new charter for the City of Suwanee.
Referred to Committee on Urban and County Affairs.
HB 734. By Representative Smith of the 78th: A bill to provide a new charter for the Town of Jenkinsburg.
Referred to Committee on Urban and County Affairs.
HB 744. By Representative Crosby of the 150th: A bill to amend an Act creating a new charter for the City of Willacoochee, so as to change the terms of office to be served by the mayor and aldermen.
Referred to Committee on Urban and County Affairs.
HB 746. By Representative Green of the 106th: A bill to amend an Act creating the Board of County Commissioners of Hancock County, so as to change the compensation of the chairman of the board.
Referred to Committee on Urban and County Affairs.
HB 747. By Representative Green of the 106th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment setting the compensation for the Putnam County Tax Collector.
Referred to Committee on Urban and County Affairs.
HB 749. By Representatives Milford of the 13th and Clark of the 13th: A bill to amend an Act repealing an Act creating the office of commissioner of roads and bridges and a board of finance for Franklin County and creating the office of commissioner of Franklin County and an advisory board, so as to change the meeting date of the advisory board.
Referred to Committee on Urban and County Affairs.
HB 750. By Representatives Griffin of the 6th and Foster of the 6th: A bill to provide a new charter for the City of Tunnell Hill.
Referred to Committee on Urban and County Affairs.
The following reports of standing committees were read by the Secretary:
Mr. President:
The Committee on Children and Youth has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the follow ing recommendation:
SB 301. Do pass. Respectfully submitted, Senator Barker of the 18th District, Chairman

636

JOURNAL OF THE SENATE

been married or who is not under the care, custody, and control of such person's parents, guardian, or the juvenile court of competent jurisdiction.
15-11-112. (a) No physician or other person shall perform an abortion upon an unemancipated minor under the age of 18 years unless:
(1) The minor seeking an abortion is accompanied by a parent or guardian; or
(2) Both the minor seeking an abortion and an accompanying adult furnish the physi cian or other person intending to perform an abortion upon such minor an affidavit signed by both such minor and accompanying adult to the effect that a parent or, if no parent of such minor is living or can be located, the guardian or next of kin of such minor has been notified of the intent of the minor to seek an abortion.
(b) If the unemancipated minor elects not to notify those persons who are required to be given notice of such minor's decision, such minor 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 abortion is to be performed for a waiver of the requirement of prior notice to the parent or guardian pursuant to the procedures provided for in Code Section 15-11-114. Venue shall be lawful in either such county, notwithstanding Code Section 15-11-15.
15-11-113. Notwithstanding Code Sections 15-11-24 through 15-11-26, the unemanci pated minor or next friend shall be notified of the date, time, and place of the hearing in such proceedings at the time of filing the petition. The hearing shall be held within three days of the date of filing, excluding Saturdays, Sundays, and holidays. The parents of the unemancipated minor shall not be served with the petition or with a summons or otherwise notified of the proceeding.
15-11-114. (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.
(c) The requirement of prior notice to a parent or guardian of an unemancipated minor shall be waived if the court finds either:
(1) That the unemancipated minor has a reasonable knowledge and understanding of her pregnancy and the nature of an abortion; or
(2) That the performance of the abortion may be in the best interests of such uneman cipated 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.
15-11-115. The requirements and procedures of this article shall apply to all unemanci pated minors within this state whether or not such persons are residents of this state.

MONDAY, FEBRUARY 16, 1987

637

15-11-116. This article shall not apply when, in the best clinical judgment of the attend ing physician on the facts of the case before him, a medical emergency exists that so compli cates the condition of the minor as to require an immediate abortion. A person who per forms an abortion as a medical emergency under the provisions of this Code section shall certify in writing the medical indications on which this judgment was based when filing such reports as are required by law.
15-11-117. Any person who violates the provisions of this article shall be guilty of a misdemeanor.'
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."

The President ruled that the amendment offered by Senator Allgood of the 22nd was a substitute to SB 229 and, pursuant to Senate Rule 148, would be considered only if the substitute to SB 229 offered by the Senate Committee on Special Judiciary was not adopted.
On the adoption of the substitute to SB 229 offered by the Senate Committee on Spe cial Judiciary, the yeas were 0, nays 48, and the substitute was lost.
Senator Scott of the 36th offered the following amendment:
Amend the substitute to SB 229 offered by Senator Allgood of the 22nd by striking from page 2, line 27, and page 3, line 3, the following:
"18",
and inserting in its place the following: "17".
On the adoption of the amendment offered by Senator Scott of the 36th, the yeas were 10, nays 36, and the amendment was lost.
On the adoption of the substitute to SB 229 offered by Senator Allgood of the 22nd, the yeas were 46, nays 0, and the substitute was adopted.
The President announced that, pursuant to Senate Rule 143, consideration of the sub stitute and the bill will be suspended and placed on the Senate General Calendar.
Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair.
The following bill of the House was taken up for the purpose of considering the Confer ence Committee report thereon:
HB 225. By Representatives Murphy of the 18th, McDonald of the 12th, Smyre of the 92nd, Benefield of the 72nd, Lawson of the 9th and others: A bill to amend an Act providing appropriations for the State Fiscal Year 19861987 known as the "General Appropriations Act", so as to change certain appro priations for the State Fiscal Year 1986-1987.
The Conference Committee report on HB 225 was as follows: The Committee of Conference on HB 225 recommends that both the Senate and the

638

JOURNAL OF THE SENATE

House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 225 be adopted.
Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Terrell A. Starr Senator, 44th District
/s/ Joseph E. Kennedy Senator, 4th District

/s/ Lauren McDonald, Jr. Representative, 12th District
/s/ Larry Walker Representative, 115th District

/s/ Thomas F. Allgood Senator, 22nd District

/s/ Terry Coleman Representative, 118th District

Conference Committee substitute to HB 225:

A BILL
To be entitled an Act to amend an Act providing appropriations for the State Fiscal Year 1986-1987 known as the "General Appropriations Act", approved April 11, 1986 (Ga. L. 1986, p. 1337), so as to change certain appropriations for the State Fiscal Year 1986-1987; to make language and other changes; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing appropriations for the State Fiscal Year 1986-1987, known as the "General Appropriations Act," approved April 11, 1986 (Ga. L. 1986, p. 1337), is amended by striking everything following the enacting clause through Section 95, and by substituting in lieu thereof the following:
"That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 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, including unappropriated surplus, reserves 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......................... $18,379,076

Personal Services--Staff ............. ................... $8,267,607

Personal Services--Elected Officials .................... ... $3,094,775

Regular Operating Expenses

$1,348,372

Travel--Staff . . ............................... ....... $98,800

Travel--Elected Officials ......................................... $5,000

Motor Vehicle Purchases...................................... $0

Publications and Printing

$412,100

Equipment Purchases.................................. $363,000

Computer Charges ...................................... $406,500

Real Estate Rentals .................................. $64,974

Telecommunications .............................................. $595,200

Per Diem, Fees and Contracts--Staff ................................ $342,581

Per Diem, Fees and Contracts--Elected Officials

$2,018,067

Postage ........................................................... $141,300

Photography ........................................... ............ $71,000

Expense Reimbursement Account

$1,132,800

Capital Outlay ....... .............................................. $17,000

Total Funds Budgeted

$18,379,076

MONDAY, FEBRUARY 16, 1987

639

State Funds Budgeted

Senate Functional Budgets

Total Funds

Senate and Research Office Lt. Governor's Office

$ 3,404,555

$

482,229

Secretary of the Senate's Office

$ 1,030,210

Total

$ 4,916,994

House Functional Budgets

Total Funds

House of Representatives and Research Office
Speaker of the House's Office
Clerk of the House's Office
Total

7,223,670
319,352 1,022,233 8,565,255

Joint Functional Budgets

Total Funds

Legislative Counsel's Office

1,913,707

Legislative Fiscal Office

1,203,350

Legislative Budget Office Ancillary Activities

763,990 1,015,780

Total

4,896,827

- $18,379,076

State Funds 3,404,555 482,229
1,030,210 4,916,994

State Funds

$ 7,223,670

$

319,352

$ 1,022,233

$ 8,565,255

State Funds 1,913,707 1,353,350 763,990 865,780 4,896,827

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 space requirements for full-time state agencies and departments and shall, prior to approval of renovation or reconstruction of legislative office space, consider the most efficient and functional building designs used for office space and related activities; for the Legislative Services Committee, the Office of Legislative Counsel, the Legislative Fiscal Office and the Office of Legislative Budget Analyst; 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 equipment, supplies, furnishings, repairs, printing, services and other expenses of the Legislative Branch of Government; and for payments to Presidential Elec tors. The provisions of any other law to the contrary notwithstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Gov ernment, and the payment and receipt of such allowances shall not be in violation of any law.

640

JOURNAL OF THE SENATE

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 for which payments are made from funds appropri ated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid from other appropriations.

Section 2. Department of Audits Budget Unit: Department of Audits Operations Budget: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Publications and Printing Equipment Purchases Per Diem, Fees and Contracts Real Estate Rentals Computer Charges Telecommunications Total Funds Budgeted State Funds Budgeted
PART II.
JUDICIAL BRANCH

$10,373,257
. $8,683,785 . $296,850 $583,831
.... $78,464 . . . . $25,500
$66,900 .... $27,830 . . . $323,747 . . $245,000
$41,350 $10,373,257 $10,373,257

Section 3. Supreme Court. Budget Unit: Supreme Court

$3,196,779

Section 4. Court of Appeals. Budget Unit: Court of Appeals

$3,903,943

Section 5. Superior Courts. Budget Unit: Superior Courts Operation of the Courts ......... Prosecuting Attorneys' Council Sentence Review Panel Council of Superior Court Judges Judicial Administrative Districts Habeas Corpus Clerk

$30,602,026 $29,092,767 . . . $576,766
$118,672 ... $68,895 . . . $737,526 . . . . . $7,400

Section 6. Juvenile Courts. Budget Unit: Juvenile Courts

$227,544

Section 7. Institute of Continuing Judicial Education. Budget Unit: Institute of Continuing Judicial Education Institute's Operations Georgia Magistrate Courts Training Council

$318,334 $280,000 $38,334

Section 8. Judicial Council. Budget Unit: Judicial Council......................... Council Operations ................................. Payments to Judicial Administrative Districts for Case Counting ................................... Board of Court Reporting ...........................

$658,715 $566,668
$69,000 $23,047

MONDAY, FEBRUARY 16, 1987

641

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 .......................
PART III.
EXECUTIVE BRANCH

$9,500

Section 13. Department of Administrative Services.

A. Budget Unit: Department of Administrative Services

$36,276,000

Administration and Services Budget:

Personal Services.................... ....................... . . $34,769,342

Regular Operating Expenses.................................... $7,033,083

Travel ................. .................................... . . . . . $225,500

Motor Vehicle Purchases .............. ....................... . . . . . $432,999

Publications and Printing ...................................... . . . . . $161,000

Equipment Purchases ......................................... . . . $1,322,587

Computer Charges . ......................................... . $8,142,148

Real Estate Rentals ........................................... . $3,076,772

Telecommunications ........................................... . . . . . $625,494

Per Diem, Fees and Contracts .................................. .... $397,500

Rents and Maintenance Expense ............................... $19,489,244

Utilities ...................................................... ...... $39,000

Postage ...................................................... . . . . . $252,955

Payments to DOAS Fiscal Administration ....................... $1,960,000

Direct Payments to Georgia Building Authority for

Capital Outlay .............................................. . $1,726,370

Direct Payments to Georgia Building Authority for

Operations..................................................

$507,000

Telephone Billings

.............................. $29,768,614

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

Hazardous Materials Liability Reserve Fund .....................

$500,000

Authorities Liability Reserve Fund.............................. $3,000,000

Total Funds Budgeted ......................................... $124,031,608

State Funds Budgeted

................................. $36,276,000

Department of Administrative Services Functional Budgets

Total Funds

State Funds

State Properties Commission

382,991

382,991

Departmental Administration

4,332,046

4,332,046

Treasury and Fiscal Administration

12,343,674

10,383,674

Central Supply Administration

9,584,680

0

Procurement Administration General Services Administration

2,471,275 577,217

2,471,275 0

Space Management Administration

478,752

478,752

642

JOURNAL OF THE SENATE

Data Processing Services Motor Vehicle Services Communication Services Printing Services Surplus Property Services Mail and Courier Services Risk Management Services Total

$ 47,337,926 $ 12,227,262

$ 2,489,048 $

0

$ 35,588,052 $ 6,000,000

$ 5,349,250 $

0

$ 1,289,717 $

0

$

463,016 $

0

$ 1,343,964 $

0

$ 124,031,608 $ 36,276,000

B. Budget Unit: Georgia Bt ig Authority

............ $0

Georgia Building Authority BudIjtgTeptut:'

Personal Services

. , . . $15,877,790

Regular Operating Expenses

. . . . . $3,875,007

Travel

$12,000

Motor Vehicle Purchases

........ $36,000

Publications and Printing

........ $50,000

Equipment Purchases

....... $153,280

Computer Charges

........ $41,000

Real Estate Rentals

........ $42,200

Telecommunications

$91,916

Per Diem, Fees and Contracts3 ................................ ....... $143,800

Capital Outlay

$230,000

Utilities ...............

.... $7,382,353

Contractual Expenses

........ $90,000

Fuel ..................

$25,000

Facilities Renovations and Re:ppairs

A ............ tp\J

Total Funds Budgeted

. $28,050,346

State Funds Budgeted

............ $0

Georgia Bui ; Authority Functional Budgets

Total Funds

State Funds

Grounds

$ 1,843,816 $

0

Custodial

$ 4,400,261 $

0

Maintenance

$ 4,371,540 $

0

Security

$ 3,564,008 $

0

Van Pool

$

119,267 $

0

Sales

$ 3,600,160 $

0

Administration

$ 9,746,853 $

0

Railroad Excursions

$

404,441 $

0

Facility Renovations

$

0$

0

Undistributed

$

0$

0

Total

$ 28,050,346 $

0

Section 14. Department of Agriculture A. Budget Unit: Department of Agriculture
State Operations Budget: Personal Services Regular Operating Expenses Travel ............................... Motor Vehicle Purchases Publications and Printing ..............

$33,502,528
$25,183,723 $2,343,000 . $852,000 . . $531,000
$606,000

MONDAY, FEBRUARY 16, 1987

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 and Capital Outlay .......................... Renovation, Construction, Repairs and Maintenance
Projects at Major and Minor Markets .................... Capital Outlay ........................................... Contract--Federation of
Southern Cooperatives ..................................
Tick Control Program .................................... Total Funds Budgeted .................................... State Funds Budgeted ....................................

Department of Agriculture Functional Budgets

Plant Industry Animal Industry Marketing General Field Forces Internal Administration Information and Education Fuel and Measures Consumer Protection Field Forces Meat Inspection Major Markets Seed Technology Entomology and Pesticides Total

Total Funds 6,823,828 6,313,298 2,821,273 3,087,123 3,618,259 1,283,210 2,341,820 5,435,105 3,929,286 3,815,682 338,336 1,760,482 41,567,702

B. Budget Unit: Georgia Agrirama Development Authority Georgia Agrirama Development Authority Budget: Personal Services.................................... Regular Operating Expenses.......................... Travel ............................................. Motor Vehicle Purchases............................. Publications and Printing Equipment Purchases ............................... Computer Charges .................................. Real Estate Rentals ................................. Telecommunications ................................. Per Diem, Fees and Contracts ........................

643
$307,000 . . $325,270 . $635,774 . . $358,000 . $318,000 . $547,000
$2,014,935
$1,400,500 $547,000
. $114,000 ... $75,000
$105,000
. $464,500
$1,270,000 $3,460,000
. . . . $60,000 . . $50,000 $41,567,702 $33,502,528
State Funds 6,368,198 5,952,728 2,792,370 3,087,123 3,572,679 1,283,210 2,336,820 4,302,147 1,575,453 565,009 0 1,666,791 33,502,528
$444,925 $111,632 . . $7,100 ..... $0 . $16,160 . . . $4,600 ...... $0
. $7,000 $27,178

644

JOURNAL OF THE SENATE

Capital Outlay .............................................. Goods for Resale ............................................ Total Funds Budgeted ....................................... State Funds Budgeted

Section 15. Department of Banking and Finance.

Budget Unit: Department of Banking and Finance

Administration and Examination Budget:

Personal Services ......................................

Regular Operating Expenses

Travel .....................................................

Motor Vehicle Purchases

Publications and Printing

Equipment Purchases

Computer Charges ..........................................

Real Estate Rentals .........................................

Telecommunications

Per Diem, Fees and Contracts

Total Funds Budgeted

................................

State Funds Budgeted

Section 16. Department of Community Affairs. A. Budget Unit: Department of Community Affairs
State Operations Budget: Personal Services............................................ Regular Operating Expenses.................................. Travel ..................................................... Motor Vehicle 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 Environmental Facilities Authority Total Funds Budgeted ....................................... State Funds Budgeted .......................................

Department of Community Affairs Functional Budgets

Total Funds

Executive and Administrative

$ 11,983,401

Technical Assistance

2,300,838

Community and Economic Development

33,496,160

Intergovernmental Assistance

1,108,212

Total

48,888,611

B. Budget Unit: Authorities Operations Budget:

. . . $375,000 ... $74,450
$1,068,045 ..... $0
. $4,763,593
. $3,868,860 . . . $171,000 . . . $313,133 .... $85,800 .... $13,000 .... $7,000 . . $110,300 . . $158,000 .... $35,000 ..... $1,500 . $4,763.593 . $4,763,593
$15,938,011
. $4,299,942 . . . $137,000 . . . $185,953 ... $7,000 .... $78,000 ... $17,472 .... $34,000 . . . $205,022 .... $67,746 .... $95,976 . . . . $17,000 . $1,350,500 . $9,229,000 . . $139,000 $30,515,000 . $1,000,000 . $150,000 . . . $985,000 . . $375.000 $48,888,611 $15,938,011
State Funds
11,926,401
1,075,485
1,986,791
949,334
15,938,011
......... $0

MONDAY, FEBRUARY 16, 1987

645

Personal Services......................................... Regular Operating Expenses Travel .................................................. Motor Vehicle 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

Authorities Functional Budgets

Total Funds

Georgia Residential Finance Authority

$ 18,805,464

Georgia Environmental Facilities Authority
Undistributed

$

375,000

$

0

Total

$ 19,180,464

Section 17. Department of Corrections A. Budget Unit: Departmental Operations......................
Departmental Operations Budget: Personal Services ........................................ Regular Operating Expenses Travel .................................................. Motor Vehicle Purchases Publications and Printing Equipment Purchases Computer Charges ....................................... Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Utilities .................................................
County Subsidy .......................................... County Subsidy for Jails Court Costs..............................................
Central Repair Fund Capital Outlay ........................................... Grants for Local Jails ....................................
State Grants for County Workcamp Construction Total Funds Budgeted .................................... Payments from GCIA .................................... Indirect DOAS Funding .................................. State Funds Budgeted ....................................

Departmental Operations Functional Budgets

Total Funds

General Administration and Support

12,413,531

Adult Facilities and Programs

15,199,550

Training and Staff Development

1,501,110

$3,033,159 $305,363
.... $77,589 .... $88,573
$99,166 . . . . $40,959 .... $73,780
$236,291 .... $79,589
$145,995 $14,500,000
$500,000 $19,180,464

State Funds 0

$

0

$

0

$

0

$28,024,191
. $10,892,193 ... $625,300 . . $376,800 ... $709,000
$65,000 ... $157,400
$2,140,000 . . $1,157,210
$321,000 $1,157,200
$50,000 $8,299,188 ... $386,900
$350,000 ... $581,000 . . . . $316,000 .... $515,000
$1,015,000 . $29,114,191 . $420,000
$450,000 . $28,024,191

State Funds 11,543,531 14,979,550 1,501,110

646

JOURNAL OF THE SENATE

Total

$ 29,114,191

B. Budget Unit: Correctional Institutions, Transitional Centers and Support
Institutional Operations Budget: Personal Services......................................... Regular Operating Expenses Travel .................................................. Motor Vehicle Purchases Publications and Printing Equipment Purchases Computer Charges ....................................... Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Utilities ................................................. Payments to Central State Hospital for Meals Payments to Central State Hospital for Utilities Payments to Public Safety for Meals Inmate Release Funds Health Service Purchases Payments to the Medical Association of Georgia for Jail and Prison Health Care Certification University of Georgia--Cooperative Extension Service Contracts ...................................... Minor Construction Fund ................................. Authority Lease Rentals Capital Outlay Total Funds Budgeted State Funds Budgeted

Correctional Institutions, Transitional Centers, and Support Functional Budgets

Georgia Training and Development Center
Georgia Industrial Institute 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

Total Funds
1,636,725 7,955,175
9,243,278 16,205,670 12,823,225
$ 21,888,277
3,406,023 2,995,213 3,961,782 4,181,565 8,786,254
725,000 13,039,230 5,692,871

$ 28,024,191
$169,621,515
$121,030,582 $19,090,480
$200,301 .... $484,905
$90,650 $2,918,851 . . . . . $59,156 . . . . $406,250 . $1,132,850
$263,768 $7,448,000 . $2,514,700 $1,270,000
$287,000 $1,042,000 $11,880,750
$46,000
$239,000 $860,976 $440,000 . . . . $475,000 $172,181,219 $169,621,515
State Funds
$ 1,636,725 $ 7,955,175
$ 9,243,278 $ 16,205,670 $ 12,730,225
$ 21,888,277
3,406,023 2,995,213 3,961,782 4,122,565 8,786,254
0 12,391,230 5,667,871

MONDAY, FEBRUARY 16, 1987

647

Dodge Correctional Institution Transitional Centers Augusta Correctional
and Medical Institution Health Care Richard H. Rogers
Correctional Institution Burruss Correctional Institution Central Rehabilitation Programs Federal Grants Total

3,204,429 3,800,766
5,845,174 22,111,403
$ 3,957,223 $ 2,911,483 $ 16,800,749 $ 1,009,704 $ 172,181,219

3,204,429 3,800,766

5,845,174 22,111,403

$ 3,957,223

$ 2,911,483

$ 16,800,749

$

0

$ 169,621,515

C. Budget Unit: Board of Pardons and Paroles

$15,383,912

Board of Pardons and Paroles Budget:

Personal Services................................................ $12,682,668

Regular Operating Expenses......................................... $331,970

Travel ............................................................ $422,000

Motor Vehicle Purchases............................................. $64,422

Publications and Printing ............................................ $43,000

Equipment Purchases................................................ $90,578

Computer Charges ................................................. $122,000

Real Estate Rentals ................................................ $898,719

Telecommunications ................................................ $347,000

Per Diem, Fees and Contracts ....................................... $117,660

County Jail Subsidy ................................................ $293,895

Total Funds Budgeted ........................................... $15,413,912

State Funds Budgeted ........................................... $15,383,912

D. Budget Unit: Georgia Correctional Industries .............................. $0

Georgia Correctional Industries Budget:

Personal Services................................................. $2,759,632

Regular Operating Expenses....................................... $1,067,950

Travel ............................................................. $66,400

Motor Vehicle 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 Years' Appropriations

$420,000

Capital Outlay .......................................................... $0

Total Funds Budgeted

$11,639,417

State Funds Budgeted ................................................... $0

E. Budget Unit: Division of Probations .............................. $37,041,447 Operations Budget: Personal Services................................................ $36,088,973 Regular Operating Expenses......................................... $844,455 Travel ............................................................ $616,750 Motor Vehicle Purchases............................................ $336,000 Publications and Printing ............................................ $95,750 Equipment Purchases............................................... $347,242 Computer Charges ...................................................... $0

648

JOURNAL OF THE SENATE

Real Estate Rentals Telecommunications Utilities ....................................................... Per Diem, Fees and Contracts Capital Outlay ................... Total Funds Budgeted State Funds Budgeted

$1,090,500 $468,000 $326,000
. $12,000 $1,060,000 $41,285,670 $37,041,447

Division of Probation Functional Budgets

Total Funds

State Funds

Probation Administration

$

801,405 $

801,405

Probation Field Operations

$ 33,053,168 $ 29,630,168

Diversion Centers

$ 7,431,097 $ 6,609,874

Total

$ 41,285,670 $ 37,041,447

Section 18. Department of Defense.

Budget Unit: Department of Defense

$4,375,365

Operations Budget:

Personal Services

$6,348,926

Regular Operating Expenses

$1,688,219

Travel .......................................................

$60,000

Motor Vehicle Purchases

$10,000

Publications and Printing ......................................

$40,000

Equipment Purchases ......................................... . $111,567

Computer Charges

$18,000

Real Estate Rentals

$8,000

Telecommunications

. $76,000

Per Diem, Fees and Contracts

$139,000

Utilities ...................................................... . . $1,585,200

Grants to Locals--Emergency Management Assistance

$1,498,000

Grants--Others ...............................................

$41,000

Georgia Military Institute Grant

$18,000

Civil Air Patrol Contract....................................... . $42,000

Capital Outlay

......... $0

Grants to Armories ............................................ . . $510,000

Repairs and Renovations

.... $534,675

Total Funds Budgeted

. $12,728,587

State Funds Budgeted

. $4,375,365

Department of Defense Functional Budgets

Total Funds

State Funds

Office of the Adjutant General

$ 2,469,766 $

970,432

Georgia Emergency Management Agency

$ 1,808,529 $>

790,054

Georgia Air National Guard

$ 2,963,981 $>

405,327

Georgia Army National Guard

$ 5,486,311 $i 2,209,552

Total

$ 12,728,587 $5 4,375,365

Section 19. State Board of Education--Department of Education. Budget Unit: Department of Education ....................... Operations: Personal Services.......................................... Regular Operating Expenses

$2,013,363,762
. $33,021,579 . . . . $3,774,443

MONDAY, FEBRUARY 16, 1987
Travel ............................................. Motor Vehicle Purchases............................. Publications and Printing Equipment Purchases Computer Charges .................................. Real Estate Rentals ................................. Telecommunications Per Diem, Fees and Contracts Utilities ............................................ Capital Outlay QBE Formula Grants: Kindergarten Grades 1--3 ........................................ Grades 4--8 ........................................ Grades 9--12 ....................................... High School Laboratories ........................... Vocational Education Laboratories Special Education ................................... Gifted.............................................. Remedial Education Staff Development Media.............................................. Indirect Cost ....................................... Pupil Transportation ................................ Prepaid Teacher Retirement Mid-term Adjustment Isolated Schools ..................................... July and August APEG Salaries Local Fair Share Other Categorical Grants: Equalization Formula................................ Grants for Contract Transfer Payments ............... Sparsity Grants ..................................... Non-QBE Grants: Education of Children of Low-Income Families Retirement (H.B. 272 and H.B. 1321) Instructional Services for the Handicapped Tuition for the Multi-Handicapped Severely Emotionally Disturbed School Lunch (Federal) School Lunch (State) ................................ Innovative Programs Supervision and Assessment of Students and Beginning
Teachers and Performance-Based Certification Regional Educational Service Agencies Georgia Learning Resources System ................... High School Program ................................ High School Program Salaries for July and August Special Education in State Institutions Governor's Scholarships.............................. Special Projects ..................................... Job Training Partnership Act Vocational Research and Curriculum .................. Adult Education .................................... Salaries and Travel of Public Librarians Public Library Materials ............................. Talking Book Centers

649
. $1,141,352 $115,137
...... $401,894 $380,301
$7,490,001 . $2,145,255 ...... $617,420
$10,127,685 . . . . $1,098,045
$1,030,000
. $120,621,279 $330,888,401 $390,033,137
. . $209,108,876 $58,367,296 $67,642,730 $104,393,896 $10,417,109 $13,383,097 $5,967,005
. . $62,040,723 . $340,262,204
$99,464,112 $(142,000,000)
$14,366,819 ...... $886,547 . . $231,951,498 $(263,245,650)
. $84,407,589 ........... $0
$500,000
. $92,981,253 . . . . $1,700,000
$19,713,309 . . . . $1,472,000
$26,414,029 . $121,090,490 . $20,939,378
... $548,000
... $5,116,748 . $5,445,605 $2,112,694 . $13,012,796 $6,265,656
... $2,603,867 ...... $500,000 ...... $992,400
. $2,860,000 ...... $366,540 . . . . $3,634,434
$7,926,960 $4,133,430 ...... $737,570

650

JOURNAL OF THE SENATE

Public Library M&O... ................................. Hold Harmless Provision for Special Education ............. Health Insurance for Non-Certificated Personnel Teacher Health Insurance for Retired Teachers Payment of Federal Funds to
Postsecondary Vocational Education Grants to Local School Systems for
Educational Purposes ................................... Child Care Lunch Program (Federal) ...................... Chapter II--Block Grant Flow Through .................... Preparation of Professionals for Teaching Handicapped Profound Special Education ............................... Title II (Math and Science) ............................... Asbestos Abatement in Local Schools ...................... Total Funds Budgeted .................................... Indirect DOAS Services Funding .......................... State Funds Budgeted ....................................

Education Functional Budgets

Total Funds

Instructional Services

$ 7,455,943

Governor's Honors Program

$

834,740

Vocational Education

$ 5,714,192

Public Library Services

$ 1,960,903

State Administration

$ 9,560,375

Administrative Services

$ 9,112,329

Planning and Development

$ 10,732,268

Professional Standards Commission

$

194,300

Professional Practices Commission

$

472,836

Local Programs

$ 2,251,868,219

Georgia Academy for the Blind

$ 4,011,642

Georgia School for the Deaf

$ 6,263,911

Atlanta Area School for the Deaf

$ 5,029,673

Total

$ 2,313,211,331

Section 20. Employees' Retirement System. Budget Unit: Employees' Retirement System Employees' Retirement System Budget: Personal Services........................ Regular Operating Expenses.............. Travel ................................. Motor Vehicle Purchases................. Publications and Printing ................ Equipment Purchases ................... Computer Charges ...................... Real Estate Rentals ..................... Telecommunications ..................... Per Diem, Fees and Contracts ............ Postage ................................ Employer Contribution .................. Total Funds Budgeted ................... State Funds Budgeted ...................

. . . . $3,204,525 . $21,095,913
$21,624,000 $7,807,000
$11,465,031
$78,000,000 $14,261,645 $9,612,399 ....... $67,221 $1,572,411 ....... $34,247 $3,100,000 $2,313,211,331 ...... $340,000 $2,013,363,762
State Funds 4,433,637 808,440 2,533,653 960,839 8,312,570 5,702,655 9,621,695 194,300 472,836
1,965,957,093 3,651,836 5,998,266 4,715,942
2,013,363,762
$773,361 $12,000 . $7,500
. . . $22,000 $1,000
. . $174,000 . $101,000 . . $12,000 $555,000 . $65,000 ....... $0 $1,722,861 ....... $0

MONDAY, FEBRUARY 16, 1987

651

Section 21. Forestry Commission. Budget Unit: Forestry Commission ....... State Operations Budget: Personal Services...................... Regular Operating Expenses Travel ............................... Motor Vehicle Purchases............... Publications and Printing Equipment Purchases Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Contractual Research Payments to the University of Georgia, School of Forestry for Forest Research Ware County Grant Wood Energy Program Capital Outlay Total Funds Budgeted State Funds Budgeted

Forestry Commission Functional Budgets

Reforestation Field Services Wood Energy General Administration and Support Total

Total Funds 4,683,965 28,727,197 68,000 1,886,428 35,365,590

Section 22. Georgia Bureau of Investigation. Budget Unit: Georgia Bureau of Investigation Operations Budget: Personal Services........................................... Regular Operating Expenses Travel .................................................... Motor Vehicle Purchases.................................... Publications and Printing Equipment Purchases Computer Charges ......................................... Real Estate Rentals Telecommunications ....................................... Per Diem, Fees and Contracts ......................... . Evidence Purchased ........................................ Utilities ................................................... Postage ................................................... Capital Outlay ............................................. Total Funds Budgeted Indirect DOAS Funding ................................... Total State Funds Budgeted

Georgia Bureau of Investigation Functional Budgets

Administration Drug Enforcement

Total Funds $ 2,565,736 $ 5,797,368

$30,818,540
$22,958,883 $6,023,286 . $134,000 . $1,334,000
. $87,000 $2,322,310 ... $59,000
. $29,343 . . $572,000 . $486,000 . . . $250,000
$300,000 . . . . $90,000 . $68,000 . . . $651,768 $35,365,590 $30,818,540
State Funds
2,570,915 26,301,197
68,000 1,878,428
30,818,540
. $27,830,511
$19,256,570 $1,661,172 . . . . $560,000 $1,145,550 ..... $98,750 .... $847,509 . . $1,849,650 . $1,470,000 $1,600,800 . . $34,000 . . $440,000
$84,000 ..... $72,510
. . $110,000 $29,230,511 $1,400,000 . $27,830,511
State Funds
2,565,736 5,797,368

652

JOURNAL OF THE SENATE

Investigative

$ 9,451,781

Georgia Crime Information Center

$ 6,554,702

Undistributed

$

0

Total

$ 24,369,587

Forensic Sciences Division Budget

Personal Services .............................................

Regular Operating Expenses

Travel ......................................................

Motor Vehicle Purchases ... ..................................

Publications and Printing .....................................

Equipment Purchases .........................................

Computer Charges ...........................................

Real Estate Rentals ..........................................

Telecommunications ..........................................

Per Diem, Fees and Contracts .................................

Evidence Purchased ..........................................

Utilities .....................................................

Postage .....................................................

Total Funds Budgeted ........................................

Total State Funds Budgeted

Section 23. Georgia State Financing and Investment Commission.

Budget Unit: Georgia State Financing and Investment Commission

Departmental Operations Budget:

Personal Services .............................................

Regular Operating Expenses ...................................

Travel ......................................................

Motor Vehicle Purchases ......................................

Publications and Printing

Equipment Purchases .........................................

Computer Charges ...........................................

Real Estate Rentals ..........................................

Telecommunications

.................

Per Diem, Fees and Contracts .................................

Total Funds Budgeted ........................................

State Funds Budgeted ........................................

Section 24. Office of the Governor. A. Budget Unit: Governor's Office ................................
1. Governor's Office Budget: Cost of Operations ........................................... Mansion Allowance ........................................... Governor's Emergency Fund .................................. Intern Stipends and Travel ................................... Total Funds Budgeted ........................................ State Funds Budgeted ........................................
2. Office of Fair Employment Practices Budget: Personal Services ............................................. Regular Operating Expenses ................................... Travel ...................................................... Motor Vehicle Purchases ...................................... Publications and Printing ..................................... Equipment Purchases. ........................................ Computer Charges ........................................... Real Estate Rentals .......................................... Telecommunications ..........................................

9,451,781
5,154,702
0
22,969,587
$3,716,746 $386,000
... $30,000 ... $94,000 .... $8,000 .. $365,679 .. $104,679 ....... $0 .. $110,820 .... $5,000 ....... $0 ... $35,000 .... $5,000 $4,860,924 $4,860,924
$0
.. $977,300 ... $29,275 .... $9,000 ....... $0
$1,200 .... $2,325 ... $16,937 ... $86,130 ... $11,100 .. $115,000 $1,248,267 ....... $0
$6,512,966
$2,445,974 ... $40,000 $3,250,000 .. $150,000 $5,885,974 $5,885,974
.. $514,388 ... $10,000 ... $11,000 ....... $0 .... $3,000 ... $10,000 ....... $0 .... $59,604 .... $11,000

MONDAY, FEBRUARY 16, 1987

653

Per Diem, Fees and Contracts ........................................ $68,000 Total Funds Budgeted .............................................. $686,992 State Funds Budgeted .............................................. $626,992 Budget Unit Object Classes: Cost of Operations ............................................... $2,445,974 Mansion Allowance .................................................. $40,000 Governor's Emergency Fund ...................................... $3,250,000 Intern Stipends and Travel ......................................... $150,000 Personal Services................................................... $514,388 Regular Operating Expenses.......................................... $10,000 Travel ............................................................. $11,000
Motor Vehicle Purchases................................................. $0 Publications and Printing ............................................. $3,000 Equipment Purchases................................................ $10,000 Computer Charges ...................................................... $0 Real Estate Rentals ................................................. $59,604 Telecommunications ................................................. $11,000 Per Diem, Fees and Contracts ........................................ $68,000

B. Budget Unit: Office of Planning and Budget

$3,879,066

Office of Planning and Budget Budget:

Personal Services................................................. $3,268,903

Regular Operating Expenses.......................................... $89,000

Travel ............................................................. $60,000

Motor Vehicle Purchases................................................. $0

Publications and Printing ............................................ $36,000

Equipment Purchases................................................ $25,000

Computer Charges ................................................. $146,860

Real Estate Rentals ................................................ $206,303

Telecommunications ................................................. $52,000

Per Diem, Fees and Contracts ........................................ $95,000

Total Funds Budgeted ............................................ $3,979,066

State Funds Budgeted ............................................ $3,879,066

C. Budget Unit: Units Attached for Administrative Purposes Only

$5,683,219

Attached Units Budget:

Personal Services................................................. $3,172,881

Regular Operating Expenses......................................... $160,952

Travel ............................................................. $91,175

Motor Vehicle Purchases................................................. $0

Publications and Printing ........................................... $288,536

Equipment Purchases................................................ $23,400

Computer Charges .................................................. $70,038

Real Estate Rentals ................................................ $268,140

Telecommunications ................................................ $134,904

Per Diem, Fees and Contracts .................................... $67,219,195

Art Grants of State Funds ........................................ $2,250,029

Art Grants of Non-State Funds...................................... $440,000

Humanities Grant--State Funds ...................................... $50,000

Total Funds Budgeted ........................................... $74,169,250

State Funds Budgeted ............................................ $5,683,219

Attached Units Functional Budgets

Council for the Arts Office of Consumer Affairs

Total Funds 3,235,913 1,740,715

State Funds $ 2,685,913 $ 1,740,715

654

JOURNAL OF THE SENATE

State Energy Office Governor's Committee on
Post-Secondary Education Consumers' Utility Counsel Criminal Justice Coordinating Council Vocational Education Advisory Council Total

$ 66,904,435 $

$

158,363 $

$

447,653 $

$ 1,521,955 $

$

160,216 $

$ 74,169,250 $

287,605
158,363 447,653 362,970
0 5,683,219

Section 25. Grants to Counties and Municipalities. Budget Unit: Grants to Counties and Municipalities ................ Grants to Counties ............................................. Grants to Municipalities ........................................ Total Funds Budgeted State Funds Budgeted

$6,800,000 $2,600,000 $4,200,000 $6,800,000 $6,800,000

Section 26. Department of Human Resources.

A. Budget Unit: Departmental Operations

$350,202,695

1. General Administration and Support Budget:

Personal Services............................................... $34,500,438

Regular Operating Expenses

. . $1,297,325

Travel ........................................................ $1,124,390

Motor Vehicle Purchases........................................

$26,000

Publications and Printing

....

. $156,945

Equipment Purchases. .......................................... . . . . $193,573

Computer Charges ............................................. . $1,563,150

Real Estate Rentals ............................................ $3,894,581

Telecommunications ............................................ . . . . $715,601

Per Diem, Fees and Contracts ................................... $10,498,110

Utilities ....................................................... . $193,400

Postage ....................................................... $738,546

Capital Outlay .................................................

$99,800

Institutional Repairs and Maintenance

$132,000

Menninger Group Homes ....................................... $402,000

Benefits for Child Care ......................................... . . $4,321,433

Contract with Georgia Advocacy Office, Inc.

. . . . $215,000

Total Funds Budgeted .......................................... $60,072,292

Indirect DOAS Services Funding

... $638,300

State Funds Budgeted .......................................... $28,153,160

General Administration and Support Functional Budgets

Total Funds

State Funds

Commissioner's Office Administrative Appeals

$

663,146

1,035,471

663,146 1,035,471

Administrative Policy, Coordination, and Direction

207,873

207,873

Personnel

6,311,231

6,247,934

Indirect Cost

0

(5,534,273)

Facilities Management

4,401,063

3,205,067

Public Affairs

421,169

421,169

Community and Intergovernmental Affairs
Budget Administration

457,239 1,592,695

457,239 1,592,695

MONDAY, FEBRUARY 16, 1987

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 Support Services Total

4,385,806 1,709,478
487,000 220,326 4,723,433 253,889
119,423 16,610 9,336,810
717,757 1,887,440
757,296 2,373,584
365,546 744,046 3,985,879 10,214,733 2,683,349 60,072,292

2. Public Health Budget: Personal Services..................................... Regular Operating Expenses Travel ....................... ...................... Motor Vehicle 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 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

655
4,185,806 1,709,478
487,000 220,326 4,407,057
0
119,423 1,661 0
642,757 1,870,590
456,716 719,642 365,546 561,640 214,148 1,424,300 2,470,749 28,153,160
$35,290,937 $47,162,839 $1,005,720
$19,800 $307,700 $379,701 $590,020 . . . $653,773 $579,000 $16,176,462 ........ $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 $48,455,219 $215,000

656

JOURNAL OF THE SENATE

Contract for Scoliosis Screening

$115,000

Family Planning Benefits .

$302,000

Grants to Counties for Teenage Pregnancy Preventi.oionn .......... ....... $265,000

Grants to Counties for Metabolic Disorders

Screening and Treatment

$47,000

Contract with Macon-Bibb County Hospital Authoriittyy .......... . . . . . $5,000,000

Total Funds Budgeted

$180,991,082

Indirect DOAS Services Funding

..... $549,718

State Funds Budgeted

$103,741,024

Public Health Functional Budgets

atal Funds

State Funds

Director's Office

$

699,201 $

501,976

Employees' Health

$

355,152 $

313,370

Health Program Management

$

945,529 $

860,529

Vital Records

$ 1,629,808 $ 1,548,223

Health Services Research

$

661,103 $

438,285

Primary Health Care

$

694,550 $

667,824

Stroke and Heart Attack Prevention

$ 1,771,791 $ 1,241,791

Epidemiology

$ 1,728,080 $

788,491

Immunization

$

453,341 $

0

Sexually Transmitted Diseases

$ 1,423,886 $

297,606

Community Tuberculosis Center

$ 1,370,005 $ 1,238,966

Family Health Management

$ 7,970,065 $ 2,877,013

Infant and Child Health

$ 8,351,030 $ 8,230,966

Maternal Health--Perinatal

$

184,645 $

41,763

Family Planning

$ 8,721,520 $ 3,979,550

Malnutrition

$ 51,418,119 $

0

Dental Health

$ 1,518,975 $ 1,308,800

Children's Medical Services

$ 10,896,113 $ 8,792,248

Chronic Disease

$ 1,381,918 $ 1,381,918

Diabetes

$

527,593 $

527,593

Cancer Control

$ 3,229,613 $ 3,229,613

Environmental Health

$

947,460 $

408,688

Laboratory Services

$ 4,126,447 $ 4,001,447

Emergency Health

$ 2,544,102 $ 1,391,105

Minimum Foundation

$ 8,718,000 $ 8,588,325

Newborn Follow-Up Care

$

777,704 $

640,492

Sickle Cell, Vision and Hearing

$ 1,111,839 $ 1,111,839

High-Risk Pregnant Women and Infants

6,862,212 $ 6,862,212

Grant in Aid to Counties

45,120,767 $ 40,043,869

Teenage Pregnancy Prevention

265,000 $

265,000

Community Health Management

2,052,376 $ 1,164,999

Community Care

2,533,138 $

996,523

MONDAY, FEBRUARY 16, 1987

657

Total

$ 180,991,082 $ 103,741,024

3. Mental Health--Program Direction and Support Budget:

Personal Services................................................. $4,786,688

Regular Operating Expenses

$91,000

Travel ............................................................ $127,000

Motor Vehicle Purchases................................................. $0

Publications and Printing

$39,000

Equipment Purchases

$43,000

Computer Charges

$1,040,000

Real Estate Rentals ..................................................... $0

Telecommunications ................................................ $247,000

Per Diem, Fees and Contracts

$332,115

Utilities ................................................................ $0

Postage ............................................................. $1,000

Contract with Housing Alternatives

$100,000

Total Funds Budgeted ............................................ $6,806,803

Indirect DOAS Services Funding .................................... $779,100

State Funds Budgeted ............................................ $5,580,405

Mental Health--Program Direction and Support Functional Budgets

Total Funds

State Funds

Administration

6,762,727

5,831,329

Indirect Cost

0

(295,000)

MH/MR Advisory Council

44,076

44,076

Total

6,806,803

5,580,405

4. Youth Services--Program Direction and Support: Personal Services................................ Regular Operating Expenses Travel ......................................... Motor Vehicle Purchases......................... Publications and Printing ........................ Equipment Purchases ........................... Computer Charges .............................. Real Estate Rentals ............................. Telecommunications ............................. Per Diem, Fees and Contracts .................... Utilities ........................................ Postage ........................................ Total Funds Budgeted........................... State Funds Budgeted ...........................
5. Services to the Aged Budget: Personal Services................................ Regular Operating Expenses...................... Travel ......................................... Motor Vehicle Purchases......................... Publications and Printing ........................ Equipment Purchases ........................... Computer Charges ..............................
Real Estate Rentals Telecommunications ............................. Per Diem, Fees and Contracts .................... Utilities ........................................ Payments to DMA .............................. Postage ........................................

. $1,535,612 . . . . . $24,970
$35,000 ......... $0
$5,000 . . . . . $12,000 . . . . . $64,000 ......... $0
... $40,000 ...... $7,850 ......... $0 ......... $0 . . $1,724,432
$1,660,190
$2,146,066 $93,985 $69,200
......... $0 .... $21,650 . $11,000 ..... $75,000 ...... $4,000
$69,000 $24,227,530 ......... $0 . . $6,798,650 ...... $1,000

658

JOURNAL OF THE SENATE

Total Funds Budgeted ............................................ $33,517,081 State Funds Budgeted ........................................... $11,511,892

Services to the Aged Functional Budgets

Total Funds

State Funds

Administration and Planning

$ 2,575,001 $ 1,125,090

Aging Services

$ 24,143,430 $ 3,588,152

Alternative Health Services

$ 6,798,650 $ 6,798,650

Total

$ 33,517,081 $ 11,511,892

6. Rehabilitation Services Budget:

Personal Services................................................ $25,445,460

Regular Operating Expenses

$1,127,000

Travel ............................................................ $537,000

Motor Vehicle 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

$1,030,600

Utilities ........................................................... $257,000

Capital Outlay .......................................................... $0

Postage ............................................................ $94,000

Institutional Repairs and Maintenance ................................ $55,400

Grants for Nephrology Centers

$245,000

Contracts with Vocational Rehabilitation

Community Facilities ........................................... $5,196,495

Contract for Epilepsy................................................ $67,000

Case Services .................................................... $9,816,000

E.S.R.P. Case Services ............................................... $50,000

Contract with Affirmative Industries ................................. $110,000

Contract with RCW Industries ...................................... $146,000

Total Funds Budgeted ........................................... $46,838,955

Indirect DOAS Services Funding ..................................... $50,000

State Funds Budgeted ........................................... $14,735,133

Rehabilitation Services Functional Budgets

tal Funds

State Funds

Program Direction and Support Grants Management
Atlanta Rehabilitation Center Rehabilitation Center for the Deaf--
Cave Spring

$ 2,986,985 $ 1,097,851

$

632,397 $

521,790

$ 2,261,155 $

434,778

$

513,710 $

102,742

Central Rehabilitation Center

$

600,463 $

120,093

Georgia Vocational Adjustment Center-- Gracewood
Ireland Rehabilitation Center

$

468,450

405,132

93,689 81,030

Rome Rehabilitation Center

219,075

44,455

J. F. Kennedy Center Production Workshop District Field Services

489,274 1,099,723 30,421,482

97,854 0
6,181,268

MONDAY, FEBRUARY 16, 1987

659

Independent Living

443,848 $

241,369

Sheltered Employment

1,100,766 $

521,719

Community Facilities

4,801,793 $ 4,801,793

Bobby Dodd Workshop

394,702 $

394,702

Total

46,838,955 $ 14,735,133

7. Roosevelt Warm Springs Rehabilitation InstituteV: Personal Services Regular Operating Expenses................ Travel ................................... Motor Vehicle Purchases Publications and Printing Equipment Purchases Computer Charges ........................ Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Utilities .................................. Postage .................................. Capital Outlay Institutional Repairs and Maintenance Total Funds Budgeted ..................... Indirect DOAS Services Funding State Funds Budgeted .....................

...... $10,673,413 ....... $1,687,000 .......... $48,000 .......... $54,000 .......... $15,000 ......... $110,000 .......... $62,000
$11,000 ......... $173,000
$1,690,000 ......... $578,000 .......... $14,300 .............. $0 ......... $234,000 ...... $15,349,713 .......... $50,000 ....... $3,215,526

e Functional Budgets

?otal Funds

State Funds

Administration

6,150,685 $ 5,723,085

Rehabilitation Services

9,199,028 $ (2,507,559)

Total

15,349,713 $ 3,215,526

8. Georgia Factory for the Blind Budget: Personal Services...................... Regular Operating Expenses Travel ............................... Motor Vehicle Purchases............... Publications and Printing Equipment Purchases ................. Computer Charges .................... Real Estate Rentals ................... Telecommunications ................... Per Diem, Fees and Contracts Utilities .............................. Postage .............................. Total Funds Budgeted ................. State Funds Budgeted

....... $4,673,528 ....... $8,332,000
$17,000 .......... $20,000 ........... $9,000 .......... $42,000 .......... $70,000 .......... $30,000 .......... $30,000 .......... $66,000 ......... $125,000 ........... $6,000
$13,420,528 ......... $532,586

Georgia Factory for the Blind Functional Budgets

fatal Funds

State Funds

Operations

12,887,942 $

0

Supervision

532,586 $

532,586

Total

13,420,528 $

532,586

9. Rehabilitation Services--Disability Adjudication Budget: Personal Services .......................................

$12,137,721

660

JOURNAL OF THE SENATE

Regular Operating Expenses Travel ................................ Motor Vehicle 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 .................. 10. Family and Children Services Budget: Personal Services....................... Regular Operating Expenses Travel ............................... Motor Vehicle 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 W.I.N. Benefits Benefits for Child Care SSI Supplemental Benefits 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

$ 242,317,142

SSI--Supplement Benefits

$

20,000

Energy Benefits

$ 16,026,500

County DFACS OperationsSocial Services

$ 38,511,983

County DFACS OperationsEligibility

$ 59,401,070

County DFACS OperationsJoint and Administration

$ 38,414,969

Homemakers Services

$ 5,464,567

Food Stamp Issuance

$ 2,512,000

Grants to Fulton County for 24-Hour Emergency Services

$

245,982

Director's Office

$

649,331

$319,679 . $168,019 ......... $0 . . . . . $93,322 . . . . $223,042 . . . . $780,921 . . . . $781,375 . . . . $589,857 . . $2,403,312 ......... $0 . . . . $357,688 . $10,059,785 . $27,914,721 ......... $0
. $11,664,642 $16,968,000 $390,000
......... $0 .... $680,500
$132,000 $12,802,600 .... $227,000 . $30,343,127 . . . . $912,000 ...... $7,000 ... $949,000 $242,317,142 $142,908,450 .... $886,594 $20,592,025 . . . . . $20,000 $481,800,080 . . $2,339,882 $181,072,779
State Funds
0 82,276,670
20,000
0
15,749,972
29,566,073
18,378,828
4,883,167
0
245,982
649,331

MONDAY, FEBRUARY 16, 1987

661

Administrative Support

$

Regional Administration

$

Public Assistance

$

Social Services

$

Program Support

$

Management Information Systems

$

Employability Programs

$

Indirect Cost

$

Work Incentive Benefits

$

Legal Services

$

Family Foster Care

$

Institutional Foster Care

$

Specialized Foster Care

$

Adoption Supplement

$

Liability Insurance

$

Day Care

$

Psychiatric, Psychological

and Speech Therapy

$

Maternity Care

$

Return of Runaways--County

$

Home Management--Contracts

$

Outreach--Contracts

$

Special Projects

$

Total

$

Budget Unit Object Classes: Personal Services.......... Regular Operating Expenses Travel Motor Vehicle Purchases Publications and Printing Equipment Purchases Computer Charges Real Estate Rentals Telecommunications ....... Per Diem, Fees and Contrac:ttss ................ Utilities ................. Postage ................. Capital Outlay ........... Grants for Regional Intens: 'e Infant Care Grants for Regional Maten al and Infant Care Crippled Children Benefits Crippled Children Clinics Kidney Disease Benefits Cancer Control Benefits . Benefits for Medically Indi ent High-Risk Pregnant Women and Tl sir Infants ........ Family Planning Benefits Benefits for Midwifery Progrraamm .............. Grant-In-Aid to Counties

2,778,923 3,242,949 5,381,624 1,874,085 2,450,996 15,483,623
869,879 0
4,020,594 700,000
16,791,913 1,560,462
337,700 1,699,950
32,700 18,059,430
130,000 50,000 2,000 145,200 710,030 809,542 481,800,080

$ 2,308,078

$ 3,242,949

$ 1,800,328

$ 1,874,085

$ 1,801,586

$ 6,727,041

$

273,377

$ (7,781,394)

$

707,410

$

475,000

$ 10,942,893

$ 1,092,744

$

100,407

$ 1,625,950

$

32,700

$ 2,841,778

$

130,000

$

50,000

$

2,000

$

44,016

$

206,866

$

804,942

$ 181,072,779

. . . $142,854,505 .... $77,103,798 ..... $3,521,329 ....... $142,800 . . . . . $1,377,117 ..... $1,287,316 .... $17,833,691
$6,639,729 . $3,980,458 .... $86,775,106 . . . . . $1,160,400 ..... $2,247,534 .... $99,800 . . . . . $4,936,795 ... $2,055,000
$6,933,116 ....... $518,000 ....... $505,000 ..... $2,388,000
..... $5,113,000 ....... $302,000 ... $1,325,000 . . . . $48,455,219

662

JOURNAL OF THE SENATE

Work Incentive Benefits ............................................ $886,594

Benefits for Child Care .......................................... $24,913,458

Grants for Nephrology Centers ...................................... $245,000

Case Services ................................................... $19,875,785

E.S.R.P. Case Services ............................................... $50,000

SSI Supplemental Benefits ........................................... $20,000

AFDC Benefits ................................................ $242,317,142

Grants to Counties DFACS for Operations ....................... $142,908,450

Contracts with Vocational Rehabilitation

Community Facilities ........................................... $5,196,495

Contracts for the Purchase of Clotting

Factor for the Hemophilia Program ................................ $300,000

Contract with Affirmative Industries ................................. $110,000

Institutional Repairs and Maintenance

$421,400

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 ...................................... $146,000

Grants to Counties for Metabolic Disorders

Screening and Testing ............................................. $47,000

Payments to DMA ............................................... $6,798,650

Contract with Housing Alternatives .................................. $100,000

Contract with Auditory Educational Clinic ........................... $105,000

B. Budget Unit: State Health Planning and Development

$802,969

State Health Planning and Development Budget:

Personal Services................................................... $747,039

Regular Operating Expenses.......................................... $32,000

Travel .............................................................. $6,000

Publications and Printing ............................................. $3,000

Equipment Purchases................................................. $9,329

Computer Charges .................................................. $34,346

Real Estate Rentals ................................................ $106,000

Telecommunications ................................................. $21,000

Per Diem, Fees and Contracts ........................................ $98,785

Postage ............................................................ $12,000

Total Funds Budgeted ............................................ $1,069,499

State Funds Budgeted .............................................. $802,969

C. Budget Unit: Community Mental Health/Mental Retardation Youth Services and Institutions ........................................ $371,190,842
Departmental Operations Budget: Personal Services............................................... $297,057,552 Regular Operating Expenses...................................... $30,428,082 Travel ............................................................ $631,530 Motor Vehicle Purchases............................................ $874,000 Publications and Printing ............................................ $88,200 Equipment Purchases. ............................................ $2,417,514 Computer Charges ............................................... $3,240,240 Real Estate Rentals ................................................ $618,000 Telecommunications .............................................. $2,495,774

MONDAY, FEBRUARY 16, 1987

663

Per Diem, Fees and Contracts ............................... Utilities ................................................... Postage ................................................... Capital Outlay Authority Lease Rentals Institutional Repairs and Maintenance Grants to County-Owned Detention Centers Drug Abuse Contracts Day Care Centers for the Mentally Retarded MR Day Care Center Motor Vehicle Purchases Supportive Living Staff Supportive Living Benefits Georgia State Foster Grandparent and 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. 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

$ 30,970,624

Georgia Retardation Center

$ 27,044,939

Georgia Mental Health Institute

$ 22,598,123

Georgia Regional Hospital at Augusta

$ 14,947,102

Northwest Regional Hospital at Rome

$ 22,284,951

Georgia Regional Hospital at Atlanta

$ 24,497,936

Central State Hospital

$ 106,268,929

Georgia Regional Hospital at Savannah

$ 20,089,810

Gracewood State School and Hospital

$ 39,931,513

West Central Georgia Regional Hospital

$ 12,876,854

Regional Youth Development Centers

$ 14,594,714

State Youth Development Centers

$ 20,747,636

. $24,707,016 $14,860,738 . $241,200
. . . . $794,800 $2,237,000
. . $2,892,472 . $2,476,890
$1,085,388 $63,390,742 $1,983,000 $1,670,339 $8,404,845
$582,246 $71,329,010
$359,928 . . $249,644
$285,100 .... $246,854
... $71,000 .... $512,558
$16,000 $3,136,125 . $15,730,811 ..... $34,176 $555,148,774 $1,625,000 $371,190,842
State Funds $ 19,925,062 $ 13,066,112 $ 19,548,640
$ 13,670,926
$ 17,494,673
$ 18,312,760 $ 74,226,136
$ 17,606,641
$ 21,424,002
$ 10,978,639
$ 14,303,814
$ 20,160,222

664

JOURNAL OF THE SENATE

Court Services Community Treatment Centers
Day Centers Group Homes
Runaway Investigations Interstate Compact
Purchased Services Assessment and Classification
Outdoor Therapeutic Program Mental Health
Community Assistance
Mental Retardation Community Assistance
Central Pharmacy Day Care Centers for
Mentally Retarded
Supportive Living Georgia State Foster
Grandparents and Senior Companion Program
Project Rescue
Drug Abuse Contracts Community Mental
Health Center Services
Uniform Alcoholism Projects
Project ARC Metro Drug Abuse Centers
Group Homes for Autistic Children
Project Friendship Central Laboratory Community Mental
Retardation Staff
Community Mental Retardation Residential Services
Lumpkin Area Individual Living, Inc.
Contract with Clayton County Board of Education for Autistic Children
Undistributed
Total

$ 8,148,788 $ 8,148,788

$ 2,232,877 $ 2,232,877

$

766,719 $

766,719

$

570,379 $

570,379

$

442,190 $

442,190

$

95,355 $

95,355

$ 2,722,498 $ 2,681,498

$

341,981 $

341,981

$ 1,855,252 $ 1,686,663

$ 7,327,908 $ 7,327,908

$ 2,727,496 $ 2,029,496

$

142,952 $

142,952

$ 65,373,742 $ 30,868,858 $ 10,075,184 $ 5,946,718

$

582,246 $

568,000

$

359,928 $

196,928

$ 1,085,388 $ 1,085,388

$ 71,329,010 $ 29,563,125

$

512,558 $

486,433

$

249,644 $

249,644

$ 1,528,674 $

655,674

$

246,854 $

246,854

$

285,100 $

285,100

$

320,808 $

0

$ 3,136,125 $ 2,828,510

$ 15,730,811 $ 10,920,001

$

34,176 $

34,176

$

71,000

$

0

$ 555,148,774

$

71,000

$

0

$ 371,190,842

Section 27. Department of Industry and Trade. A. Budget Unit: Department of Industry and Trade
State Operations Budget: Personal Services

...... $15,250,056 $5.692,732

MONDAY, FEBRUARY 16, 1987

665

Regular Operating Expenses.................................. Travel ..................................................... Motor Vehicle Purchases..................................... Publications and Printing .................................... Equipment Purchases Computer Charges .......................................... Real Estate Rentals ......................................... Telecommunications Per Diem, Fees and Contracts Postage .................................................... Local Welcome Center Contracts ............................. Advertising ................................................. Cooperative Advertising...................................... Georgia Ports Authority Authority Lease Rentals Historic Chattahoochee Commission Contract .................. Atlanta Council for International Visitors ..................... Waterway Development in Georgia Georgia Music Week Promotion Payments to Georgia World Congress
Center for Operating Expenses Contract--Georgia Association of Broadcasters Southern Center for International Studies Capital Outlay .............................................. Total Funds Budgeted ....................................... State Funds Budgeted .......................................
Department of Industry and Trade Functional Budgets

$906,000 $312,000 ....... $0 $332,000 $73,600 $148,000 $461,500 $163,000 . . $371,929 $181,000 $200,000 $3,650,000 ........ $0 $2,735,000 $60,000 $25,000 $50,000 . . . . $35,000
$53,000 $25,000 . $575,000 $16,049,761 $15,250,056

Administration Economic Development Tourism Total

Total Funds 5,987,362 3,939,144 6,123,255 16,049,761

State Funds 5,187,657 3,939,144 6,123,255 15,250,056

B. Budget Unit: Authorities ............................ Administration Budget: Personal Services.................................... Regular Operating Expenses......................... Travel ............................................ Motor Vehicle Purchases............................. Publications and Printing Equipment Purchases ............................... Computer Charges Real Estate Rentals ................................. Telecommunications ................................. Per Diem, Fees and Contracts Ports Authority Payments to State Treasury 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

$ 12,723,850

$32,797,361 $12,322,825 . . . . $547,664 ........ $0
$160,896 $108,200 $593,000 $134,810 $442,919 . $3,831,774 $16,415,000 $1,564,000 . . $5,523,772 . $45,000 $74,487,221 ......... $0

State Funds

$

0

666

JOURNAL OF THE SENATE

Georgia Ports Authority Total

$ 61,763,371 $ 74,487,221

Section 28. Department of Insurance Budget Unit: Office of Insurance Commissioner ............... Operations Budget: Personal Services......................................... Regular Operating Expenses Travel .................................................. Motor Vehicle Purchases Publications and Printing Equipment Purchases Computer Charges Real Estate Rentals ...................................... Telecommunications Per Diem, Fees and Contracts Total Funds Budgeted State Funds Budgeted

Department of Insurance Functional Budgets

Total Funds

Internal Administration

$ 1,371,272

Insurance Regulation

$ 2,126,811

Industrial Loans Regulation

$

531,344

Information and Enforcement

$ 1,485,466

Fire Safety and Mobile Home Regulations

4,171,825

Total

9,686,718

Section 29. Department of Labor. Budget Unit: Department of Labor State Operations: Personal Services Regular Operating Expenses Travel ............................. Motor Vehicle Purchases Publications and Printing Equipment Purchases Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts (JTPA) Per Diem, Fees and Contracts W.I.N. Grants Payments to State Treasury.......... Capital Outlay ...................... Total Funds Budgeted State Funds Budgeted ...............

Department of Labor Functional Budgets

Total Funds

Executive Offices

$ 4,768,818

Administrative Services

10,993,993

Unemployment Insurance

$ 7,736,496

0
0
. . $8,555,895
. . $7,779,373 . . . . $397,380 . . . . $208,000
$208,000 $135,000 .... $51,635 $214,163 $493,466 . . $166,700 . . . . . $33,001 $9,686,718 . . $8,555,895
State Funds 1,371,272 2,016,988 531,344 1,485,466
3,150,825 8,555,895
. . $5,441,678
. $58,743,678 $3,091,000
. . . . $968,000 ......... $0
$36,000 $301,000 . . $2,459,000 $2,290,811 . $1,158,000 $56,388,000 . . $1,747,000 . . . . $260,000 . $400,000 ......... $0 $127,842,489 $5,441,678
State Funds 850,272 911,229 4,302

MONDAY, FEBRUARY 16, 1987

667

Employment Services Field Services Job Training Partnership Total

$ 3,919,019 $ $ 47,144,076 $ $ 53,280,087 $ $ 127,842,489 $

351,048 3,324,827
0 5,441,678

Section 30. Deparment of Law.

Budget Unit: Department of Law ................................... $6,721,007

Attorney General's Office Budget:

Personal Services................................................. $5,932,820

Regular Operating Expenses

$329,196

Travel ............................................................ $125,000

Motor Vehicle Purchases................................................. $0

Publications and Printing ............................................ $36,480

Equipment Purchases...

$20,000

Computer Charges ................................................. $122,899

Real Estate Rentals ................................................ $330,312

Telecommunications ................................................. $91,200

Per Diem, Fees and Contracts ........................................ $43,000

Books for State Library

$110,000

Total Funds Budgeted ............................................ $7,140,907

State Funds Budgeted ............................................ $6,721,007

Section 31. Department of Medical Assistance.

Budget Unit: Medicaid Services ................................... $288,424,960

Departmental Operations Budget:

Personal Services................................................. $8,545,688

Regular Operating Expenses......................................... $267,000

Travel ............................................................ $168,000

Motor Vehicle Purchases................................................. $0

Publications and Printing ............................................ $52,000

Equipment Purchases................................................ $97,062

Computer Charges .............................................. $10,569,708

Real Estate Rentals ................................................ $880,449

Telecommunications ................................................ $383,000

Per Diem, Fees and Contracts .................................... $12,938,000

Postage ............................................................ $88,000

Medicaid Benefits, Penalties, and Disallowances................... $916,765,044

Payments to Counties for Mental Health .......................... $15,400,000

Audits Contracts ................................................... $858,100

Total Funds Budgeted .......................................... $967,012,051

State Funds Budgeted

$288,424,960

Medical Assistance Functional Budgets

Total Funds

State Funds

Commissioner's Office

$ 1,223,664 $

481,855

Program Management

$ 16,043,320 $ 2,336,031

Administration

$ 2,237,612 $

353,369

Operations

$ 12,086,584 $ 2,658,542

Program Integrity

$ 3,255,827 $ 1,412,775

Benefits

$ 932,165,044 $ 281,182,388

Total

$ 967,012,051 $ 288,424,960

668

JOURNAL OF THE SENATE

Section 32. Merit System of Personnel Administration. Budget Unit: Merit System of Personnel Administration Agency Assessments ........................................... $7,019,523 Departmental Operations Budget: Personal Services............................................... $5,236,079 Regular Operating Expenses......................................... $178,910 Travel ............................................................. $67,950 Motor Vehicle Purchases................................................. $0 Publications and Printing ........................................... $332,750 Equipment Purchases................................................ $66,791 Computer Charges ............................................... $1,902,307 Real Estate Rentals ................................................ $720,024 Telecommunications ................................................. $83,305 Per Diem, Fees and Contracts .................................... $28,195,131 Postage ........................................................... $273,140 Health Insurance Payments ..................................... $254,557,620 Total Funds Budgeted .......................................... $291,614,007 Agency Assessments .............................................. $7,019,523 Employee and Employer Contributions ........................... $284,531,847 Deferred Compensation .............................................. $37,637

Merit System Functional Budgets

Total Funds

State Funds

Applicant Services

$ 1,909,046 $

0

Classification and Compensation

$

857,865 $

0

Program Evaluation and Audit

$

660,427 $

0

Employee Training and Development

$ 1,060,786 $

0

Health Insurance Administration

$ 8,173,325 $

0

Health Insurance Claims

$ 276,025,822 $

0

Internal Administration

$ 1,766,406 $

0

Commissioner's Office

$ 1,160,330 $

0

Undistributed

$

0$

0

Total

$ 291,614,007 $

0

Section 33. Department of Natural Resources. A. Budget Unit: Department of Natural Resources .................... $62,941,956
Operations Budget: Personal Services................................................ $44,340,043 Regular Operating Expenses....................................... $8,048,280 Travel .............................. ............................. $486,500 Motor Vehicle Purchases.......................................... $1,543,500 Publications and Printing ........................................... $547,500 Equipment Purchases. ............................................ $1,154,000 Computer Charges ................................................. $410,500 Real Estate Rentals .............................................. $1,529,183 Telecommunications ................................................ $817,180 Per Diem, Fees and Contracts ..................................... $1,118,500 Postage ......................................................... . $332,630 Land Water Conservation Grants .................................. $3,010,000 Recreation Grants ................................................ $1,040,000 Contract with U. S. Geological Survey for Ground Water Resources Survey................................... $275,000 Contract with U.S. Geological Survey for Topographic Maps ............................................... $125,000

MONDAY, FEBRUARY 16, 1987

669

Capital Outlay--Repairs and Maintenance

$1,116,017

Capital Outlay for Shop Stock--Parks

$300,000

Capital Outlay for Heritage Trust ................................... $535,000

Authority Lease Rentals ............................................ $915,000

Cost of Material for Resale ....................................... $1,310,000

Payments to Lake Lanier Islands Development Authority

$763,000

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 from User Fee Enhancements for 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 ................................................... $1,092,000

Contract--Georgia Rural Water Association

$10,000

Grant to the Hay House ............................................. $40,000

Contract with the Corps of Engineers

(Cold Water Creek St. Park) ...................................... $135,846

Contract--Corps of Engineers

(Tybee Beach Restoration) ........................................ $800,000

Advertising and Promotion .......................................... $100,000

Payments to Georgia Agricultural Exposition Authority

$265,500

Payment to Jekyll Island State Park--

Capital Outlay ........................................................ $0

Payment to Stone Mountain Memorial Association--

Capital Outlay ........................................................ $0

Environmental Facilities Grant .................................... $8.150,000

Non-Game Wildlife Habitat Fund ................................... $150,000

Georgia Boxing Commission ........................................... $7,000

Lanier Regional Committee .......................................... $13,000

Total Funds Budgeted ........................................... $83,081,179

Receipts from Jekyll Island State Park Authority ...................... $53,750

Receipts from Stone Mountain Memorial Association .................. $315,000

Indirect DOAS Funding ............................................ $200,000

State Funds Budgeted ........................................... $62,941,956

Department of Natural Resources Functional Budgets

Total Funds

State Funds

Internal Administration

$ 6,383,901 :$ 6,015,151

Game and Fish

$ 22,388,864 :$ 19,308,423

Parks, Recreation and Historic Sites

$ 28,657,210 !$ 15,714,262

Environmental Protection

$ 24,192,322 1$ 20,514,238

Coastal Resources

$ 1,458,882 1$ 1,389,882

Total

$ 83,081,179 ;$ 62,941,956

B. Budget Unit: Authorities Operations Budget: Personal Services .................... Regular Operating Expenses ........... Travel ............................. Motor Vehicle Purchases .............. Publications and Printing ............. Equipment .......................... Computer Charges ...................

........... $0
.... $5,833,850 $3,773,200
....... $70,050 ....... $22,000 ....... $94,100
... $15,900 ....... $20,000

670

JOURNAL OF THE SENATE

Real Estate Rentals ............................. Telecommunications ............................. Per Diem, Fees and Contracts .................... Capital Outlay .................................. Boat Replacement Expense Payments to the Department of Natural Resources Total Funds Budgeted State Funds Budgeted ...........................

Authorities Functional Budgets

Total Funds

Lake Lanier Islands Development Authority

$ 4,156,750

Jekyll Island State Park Authority

$ 6,077,350

Georgia Agricultural Exposition Authority

$

250,000

Stone Mountain

Memorial Association

0

Total

$ 10,484,100

Section 34. Board of Post-Secondary Vocational Education. Budget Unit: Board of Postsecondary Vocational Education Board of Postsecondary Vocational Education Budget: Personal Services ..................................... Regular Operating Expenses............................ Travel ............................................... Motor Vehicle Purchases Publications and Printing .............................. Equipment Purchases ................................. Computer Charges .................................... Real Estate Rentals ................................... Telecommunications ................................... Per Diem, Fees and Contracts .......................... Utilities .............................................. Area Schools.......................................... Junior College Program ................................ Quick Start Program .................................. Capital Outlay ........................................ Area School Construction .............................. Teacher Retirement Teacher Health Insurance.............................. Total Funds Budgeted ................................. State Funds Budgeted .................................

Institutions Functional Budgets

State Administration and Local Programs
North Georgia Vocational-- Technical School

Total Funds $ 94,663,277 $ 4,810,476

South Georgia Vocational-- Technical School
Total

$ 3,809,402 $ 103,283,155

. . . . $13,950 $124,950 $181,000
. . $103,000 . . . $178,350 .... $53,750 $10,484,100

State Funds

$

0

$

0

$

0

0

$

0

. $90,886,727
. . $7,847,879 . $1,315,592 ... $110,700
$29,000 ..... $53,447 . $305,400
$243,700 .... $274,829
. $109,520 .... $977,872
$869,100 . $74,247,983 . $2,673,163
$3,700,000 ......... $0 . $2,065,000
$6,607,120 . . $1,852,850 $103,283,155 . $90,886,727

State Funds $ 84,144,728 $ 3,690,287 $ 3,051,712 $ 90,886,727

MONDAY, FEBRUARY 16, 1987

671

Section 35. Department of Public Safety. A. Budget Unit: Department of Public Safety
Operations Budget: Personal Services.......................... Regular Operating Expenses Travel ................................... Motor Vehicle Purchases Publications and Printing Equipment Purchases Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Postage .................................. Conviction Reports State Patrol Posts Repairs and Maintenance Driver License Processing Total Funds Budgeted ..................... Indirect DOAS Service Funding State Funds Budgeted

$61,969,301
$46,215,880 $6,105,800 . $128,000 . $3,706,714
$641,350 . . $604,245
$3,026,512 . . . . $13,000 . . . $774,200
$182,000 $1,022,500
$215,000 . . $180,000 . $850,000 $63,665,201
$1,650,000 $61,969,301

Public Safety Functional Budgets

Administration Driver Services Field Operations Total

Total Funds $ 7,493,851 $ 13,904,137 $ 42,267,213 $ 63,665,201

State Funds 7,447,951 12,404,137 42,117,213 61,969,301

B. Budget Unit: Units Attached for Administrative Purposes Only Attached Units Budget: Personal Services........................................... Regular Operating Expenses Travel .................................................... Motor Vehicle 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 ..................................... Capital Outlay ............................................. Total Funds Budgeted ...................................... State Funds Budgeted ......................................

$11,893,291
$4,441,491 $2,002,667 .... $154,900 . . . . $154,500 ..... $57,289
$420,683 .... $236,241
$163,763 .... $187,893 .... $875,236
. $37,940 $2,375,000 $3,500,000 . $1,800,000 . $16,407,603 $11,893,291

Attached Units Functional Budgets

Total Funds

Office of Highway Safety

3,972,881

Georgia Peace Officers Standards and Training

3,833,523

Police Academy

1,322,625

Fire Academy

950,401

State Funds

$

247,384

$ 3,782,323

$ 1,265,223

$

851,435

672

JOURNAL OF THE SENATE

Georgia Firefighters Standards and Training Council
Organized Crime Prevention Council
Georgia Public Safety Training Facility
Total

398,939
326,147 5,603,087 16,407,603

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 Purchases.................................. Publications and Printing ................................. Equipment Purchases. .................................... Computer Charges ....................................... Real Estate Rentals Telecommunications Per Diem, Fees and Contracts ............................. Total Funds Budgeted .................................... State Funds Budgeted ....................................

Public Service Commission Functional Budgets

Administration Transportation Utilities Total

Total Funds $ 1,161,281 $ 2,268,289 $ 3,733,108 $ 7,162,678

Section 38. Regents, University System of Georgia. A. Budget Unit: Resident Instruction
Resident Instruction Budget: Regular Personal Services ................................. Sponsored Personal Services .............................. Regular Operating Expenses Sponsored Operating Expenses Office of Minority Business Enterprise ..................... Special Desegregation Programs ........................... Authority Lease Rentals .................................. Research Consortium ..................................... Eminent Scholars Program Total Funds Budgeted .................................... Departmental Income..................................... Sponsored Income........................................ Other Funds ............................................. Indirect DOAS Services Funding ..........................

$

398,939

$

296,147

$ 5,051,840

$ 11,893,291

$12,644,084
$194,084 $12,450,000 $12,644,084 $12,644,084

$6,620,969
. . $4,764,205 .... $237,641 .... $137,000 ..... $71,750
$24,000 . . . . . $38,450 .... $278,199
$247,120 $105,000 $1,259,313 . . $7,162,678 $6,620,969

State Funds
1,161,281
1,821,030
3,638,658
6,620,969
$598,897,013
$630,824,960 $72,000,000 $162,282,208 $80,000,000 . $303,513 . . $338,052 $14,189,169 $5,100,000
$500,000 $965,537,902 $23,000,000 $152,000,000 $188,613,589
$3,027,300

MONDAY, FEBRUARY 16, 1987

673

State Funds Budgeted ............... .......................... $598,897,013

B. Budget Unit: Regents Central Office and

Other Organized Activities ...................................... $122,775,203

Regents Central Office and Other Organized Activities Budget:

Regular Personal Services ..................................... $162,708,899

Sponsored Personal Services . . . . ............................... $49,528,203

Regular Operating Expenses. . . . . . . ............................. $68,889,258

Sponsored Operating Expenses .................................. $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

Talmadge Hospital Capital Outlay ........................................ $0

Agricultural Experiment Station Equipment .......................... $200,000

SREB Payments .................... ............................ $6,181,600

Medical Scholarships ............................................. $611,750

Regents Opportunity Grants ........................................ $600,000

Regents Scholarships ............................................... $200,000

Payments to Georgia Military College ............................... $608,124

Total Funds Budgeted

$320,365,395

Departmental Income

..................................... $1,932,626

Sponsored Income ............................................... $71,843,165

Other Funds ................................................... $123,258,701

Indirect DOAS Services Funding .................................... $555,700

State Funds Budgeted .......................................... $122,775,203

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 Joint Board of Family Practice 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 2,688,501 2,136,034 5,447,570 1,417,911
2,000,535 12,798,492
0 320,365,395

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

$ 2,688,501

$

414,446

$ 5,447,570

$

0

$

53,000

$ 12,798,492

$

0

$ 122,775,203

C. Budget Unit: Georgia Public Telecommunicationiss Commission . . . . . . $5,848,818

674

JOURNAL OF THE SENATE

Public Telecommunications Commission Budget: Personal Services........ ........... . .............. Operating Expenses Total Funds Budgeted .................................... Other Funds . ....................................... ... State Funds Budgeted

Section 39. Department of Revenue.

Budget Unit: Department of Revenue

Operations Budget:

Personal Services...................

...............

Regular Operating Expenses

Travel ......... .............. ............. ......

Motor Vehicle Purchases

Publications and Printing

Equipment Purchases

Computer Charges

Real Estate Rentals

Telecommunications .........................

........

Per Diem, Fees and Contracts

Retirement and FICA for County Tax Officials

Grants to Counties for Appraisal Staff

Motor Vehicle Tags and Decals

Postage .................................................

Total Funds Budgeted

Indirect DOAS Services Funding

State Funds Budgeted

Department of Revenue Functional Budgets

Departmental Administration Internal Adminstration Electronic Data Processing Field Services Income Tax Unit Motor Vehicle Unit Central Audit Unit Property Tax Unit Sales Tax Unit Total

Total Funds $ 3,791,374 $ 7,218,504 $ 3,041,924 $ 12,012,445 $ 6,679,660 $ 14,897,891 $ 5,053,604 $ 3,933,714
4,006,282 60,635,398

Section 40. Secretary of State. A. Budget Unit: Secretary of State
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Publications and Printing Equipment Purchases Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Election Expenses

$4,533,390 $4,955,354 $9,488,744 $3,639,926 $5,848,818
$56,790,398
$36,545,681 . $1,121,782 . $1,365,915 ... $97,245
$2,259,945 . $382,398 . $6,042,815 $2,171,050 . . . $580,570 . . $205,595 . $1,593,000 $1,554,610 $4,491,876 . $2,222,916 $60,635,398 . $3,845,000 $56,790,398
State Funds
3,791,374
7,118,504
3,041,924
11,922,445
5,602,660
12,842,891
5,053,604
3,933,714
3,483,282
56,790,398
$18,159,195 . $11,567,017 . . $1,406,717
$220,906 . . . . $146,677 ... $405,075 . . . $171,730 . . . . $704,215 . . $1,846,896 . . . . $297,517 . . . . $498,268 . . . . $575,000

MONDAY, FEBRUARY 16, 1987

675

Postage ................. Total Funds Budgeted State Funds Budgeted

Secretary of State Functional Budgets

Total Funds

Internal Administration

$ 2,571,251

Archives and Records

$ 4,101,357

Corporations Regulation

$ 1,773,786

Elections and Campaign Disclosure

$ 1,320,428

Securities Regulation

$ 1,329,850

Drugs and Narcotics

$

751,606

State Ethics Commission

$

47,612

State Campaign and Financial Disclosure

$

98,184

Occupational Certification

$ 6,165,121

Total

$ 18,159,195

Occupational Certification Functional Budgets

Board Costs

S.B. of Accountancy

$

197,605

S.B. of Architects

$

55,960

S.B. of Athletic Trainers

$

736

Georgia Auctioneers Commission

$

6,022

S.B. of Barbers

$

9,120

G.B. of Chiropractic Examiners

$

13,040

State Construction Industry Licensing Board

$

65,960

S.B. of Cosmetology

$

33,660

G.B. of Dentistry

$

53,955

G.B. of Examiners of Licensed Dieticians

12,945

S.B. of Professional Engineers and Land Surveyors

54,440

S.B. of Registration for Foresters

$

3,451

S.B. of Funeral Services

$

18,770

S.B. of Registration for Professional Geologists

$

3,157

S.B. of Hearing Aid Dealers and Dispensers

$

4,297

G.B. of Landscape Architects

$

12,129

S.B. for the Certification of Librarians

$

2,399

....... $319,177 . . . . $18,159,195
$18,159,195

State Funds

$ 2,571,251

$ 4,101,357

$ 1,773,786

$ 1,320,428

$ 1,329,850

$

751,606

$

47,612

$

98,184

$ 6,165,121

$ 18,159,195

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

676

JOURNAL OF THE SENATE

Georgia Composite Board of Professional Counselors, Social Workers and Marriage and Family Therapists
Composite S.B. of Medical Examiners
S.B. of Nursing Home Administrations
G.B. of Nursing
S.B. of Dispensing Opticans
S.B. of Examiners in Optometry
S.B. of Occupational Therapy
S.B. of Pharmacy
S.B. of Physical Therapy
S.B. of Podiatry Examiners
S.B. of Polygraph Examiners
G.B. of Examiners of Licensed Practical Nurses
G.B. of Private Detective and Security Agencies
S.B. of Examiners of Psychologists
S.B. of Recreation Examiners
G.B. of Registered Professional Sanitarians
S.B. of Examiners for Speech Pathology and Audiology
S.B. of Registration for Used Car Dealers
S.B. of Registration for Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers
S.B. of Veterinary Medicine
S.B. of Examiners for Certification of Water and Wastewater Treatment Plant Operators and Laboratory Analysis
Undistributed
Total
B. Budget Unit: Real Estate Commission Real Estate Commission Budget:

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 $

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

8,305 39,615

30,652 97,115

6,160 0
1,078,396

101,427 0
6,348,862
$1,229,962

MONDAY, FEBRUARY 16, 1987

677

Personal Services............................................. Regular Operating Expenses................................... Travel ...................................................... Motor Vehicle Purchases...................................... Publications and Printing ..................................... Equipment Purchases ........................................ Computer Charges ........................................... Real Estate Rentals ................. Telecommunications .......................................... Per Diem, Fees and Contracts Total Funds Budgeted ........................................ State Funds Budgeted ........................................

. . . $722,462 . . . $108,500
$13,000 $16,000 $26,000 ..... $8,000 . . . $178,500 $50,500 . . . . $17,000 $90,000 . . $1,229,962 $1,229,962

Real Estate Commission Functional Budget

Real Estate Commission

State Funds $ 1,229,962

Cost of Operations

i

1,224,977

Section 41. Georgia Student Finance Commission.

Budget Unit: Georgia Student Finance Commission

Administration Budget:

Personal Services.............................................

Regular Operating Expenses...................................

Travel ......................................................

Motor Vehicle Purchases......................................

Publications and Printing .....................................

Equipment Purchases ........................................

Computer Charges ...........................................

Telecommunications

Per Diem, Fees and Contracts

Payment of Interest and Fees .................................

Guaranteed Educational Loans ................................

Tuition Equalization Grants

Student Incentive Grants .....................................

Law Enforcement Personnel Dependents' Grants

North Georgia College ROTC Grants

Osteopathic Medical Loans....................................

Georgia Military Scholarship Grants

Academic Scholarships

Total Funds Budgeted

State Funds Budgeted

..................................

Georgia Student Finance Commission Functional Budgets

Internal Administration

Total Funds $ 3,877,503

Higher Education Assistance Corporation

$

381,000

Georgia Student Finance Authority
Total

$ 20,112,087 $ 24,370,590

$17,869,087
$3,073,134 $203,180
.... $55,800 ........ $0
$102,000 .... $25,800 . . . $257,220
$111,900 .... $48,469 . . . $381,000 . $3,325,000 $11,467,500
$4,790,500 $39,016 $116,000
. . . $173,711 . $200,360 ........ $0 $24,370,590 $17,869,087
State Funds 0
286,000
17,583,087 17,869,087

Section 42. Soil and Water Conservation Committee. Budget Unit: Soil and Water Conservation Committee Soil and Water Conservation Budget: Personal Services................................. Regular Operating Expenses

. . . . $971,998
$663,061 $49,260

686

JOURNAL OF THE SENATE

It is the intent of this General Assembly that the employer contribution rate for health insurance for the last five months of State Fiscal Year 1987 shall not exceed three and seventy-five one hundredths percent (3.75%).
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 with 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 Board of Pardons and Paroles 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 specifically prohibited from building a prison in Toombs County, and the Board of Corrections shall not authorize the use of funds for such purpose.
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 Institutional 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 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.

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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 Vi'',, 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 Vi 'V 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, $4,050,001 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, Georgia Student Finance Commission. From the appropriation in Section 41 relative to Educational Loans, an amount not to ex ceed $14,000 may be used to provide stipends for training recruitment, teacher and coun selor 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):

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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) 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.
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

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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 $6,525,000 for the purpose of providing operating funds for the State physical health laboratories ($125,000 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 main tain 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 excess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible:
First, to supplant State funds which have been 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 maintain financial records in such a fashion as to enable the State Auditor to readily determine by Object Class the expenditures of each activity and function contained in this Appropriations 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

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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 continue programs currently funded entirely with Federal funds.
Section 81. No State funds in this appropriation shall be paid to or on behalf of Georgia Indigent Legal Services or its affiliates, nor shall any State facilities be made available for their use, including but not limited to the Georgia Interactive Statewide Telecommunica tions 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 paya ble 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. (a.) All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's recom mendations contained in the Budget Report submitted to the General Assembly at the 1987 regular session, except as otherwise specified in this Act; provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit between objects, programs and activities subject to the conditions that no funds whatsoever shall be trans ferred 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 transferred between object classes without the prior ap proval 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 budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropria tions 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, com mission, institution or other agency of this State are in violation of this Section or in viola tion of any amendments properly approved by the Director of the Budget.
(b.) (1.) For purposes of this section, the term "common object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publication and Printing, Equipment Purchases, Computer Charges, Real Estate Rentals and Telecommunications.
(b.) (2.) For each Budget Unit's common object classes in this Act, the appropriations shall be as follows: Expenditures of no more than 102 % of the stated amount for each com mon object class are authorized. However, the total expenditure for the group may not ex ceed the sum of the stated amounts for the separate object classes of the group.
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 expenditures

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within the Budget Unit, and shall supersede the object classification shown in the Gover nor's Budget Report.

For the Legislative Branch Budget, all transfers shall require prior approval of at least eight members of the Legislative Services Committee in a meeting of such Committee, ex cept that no approval shall be required for transfers within the Senate Functional Budget or the House Functional Budget.

Section 85. 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 86. 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 87. Delayed Hiring Factor by Department.

Dept. of Administrative Services Dept. of Corrections Georgia Bureau of Investigation Department of Human Resources - "A" Dept. of Public Safety Public Service Commission Public Telecommunications Commission Secretary of State All Other Budget Units

$

2,200

$ 1,564,000

$ 29,400

$ 20,923

$ 585,000

$

2,140

$ 18,415

$

2,410

$

-0-

Section 88. Employee Termination Fund

$3,050,547

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 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 of the Board of Regents, except the Georgia Public Telecommunications Commission.

Section 89. 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, $2,350,000 is specifically appropriated for the purpose of financing a hotel, conference center and related facilities for the Stone Mountain Memorial Association by means of the acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $23,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.

Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $2,300,000 is specifically appropriated for the purpose of financing a prison for the Department of Corrections by means of the acquisition, construc tion, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connec tion therewith, through the issuance of not more than $23,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.

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Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $1,438,000 is specifically appropriated for the purpose of financing incarceration facilities for the Department of Corrections by means of the acquisi tion, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $14,380,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $2,450,000 is specifically appropriated for the purpose of financing research and teaching facilities for the Board of Regents by means of the acquisi tion, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $24,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $1,925,000 is specifically appropriated for the purpose of financing an office building for the Department of Labor by means of the acquisition, con struction, development, extension, enlargement and improvement of land, property, build ings, structures, equipment and facilities, both real and personal, necessary or useful in con nection therewith, through the issuance of not more than $19,250,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $2,100,000 is specifically appropriated for the purpose of financing an office building for the Deparment of Labor by means of the acquisition, con struction, development, extension, enlargement and improvement of land, property, build ings, structures, equipment and facilities, both real and personal, necessary or useful in con nection therewith, through the issuance of not more than $8,750,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $430,000 is specifically appropriated for the purpose of fi nancing the acquisition, construction, development, extension, enlargement and improve ment of land, property, buildings, structures, equipment and facilities, both real and per sonal, necessary or useful in connection therewith, of and for the Department of Natural Resources, for the project provided for in the "Georgia Agricultural Exposition Authority Act" and pursuant to O.C.G.A. Section 12-3-484, through the issuance of not more than $4,300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $679,200 is specifically appropriated for the purpose of fi nancing design and construction of parking facilities in Atlanta, Georgia, for the Georgia Building Authority by means of the acquisition, construction, development, extension, en largement and improvement of land, property, buildings, structures, equipment and facili ties, both real and personal, necessary or useful in connection therewith, through the issu ance of not more than $2,830,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $882,000 is specifically appropriated for the purpose of fi nancing the purchase and installation of computer and related equipment for the Georgia Bureau of Investigation for the Georgia Crime Information Center by means of the acquisi tion, construction, development, extension, enlargement and improvement of land, property,

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693

buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,675,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $1,104,000 is specifically appropriated for the purpose of financing a water park and tennis facilities for the Jekyll Island State Parks Authority by means of the acquisition, construction, development, extension, enlargement and improve ment of land, property, buildings, structures, equipment and facilities, both real and per sonal, necessary or useful in connection therewith, through the issuance of not more than $4,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $165,500 is specifically appropriated for the purpose of fi nancing a cattle farm for the Department of Corrections by means of the acquisition, con struction, development, extension, enlargement and improvement of land, property, build ings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,655,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $18,576,000 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 and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, neces sary or useful in connection therewith, through the issuance of not more than $77,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturi ties not in excess of sixty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $1,680,000 is specifically appropriated for the purpose of financing the expansion of the Central Energy Facility at the State Capitol for the Georgia Building Authority by means of the acquisition, construction, development, extension, en largement and improvement of land, property, buildings, structures, equipment and facili ties, both real and personal, necessary or useful in connection therewith, through the issu ance of not more than $7,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $2,415,600 is specifically appropriated for the purpose of financing a program of improvement and development of State parks for the Department of Natural Resources by means of the acquisition, construction, development, extension, en largement and improvement of land, property, buildings, structures, equipment and facili ties, both real and personal, necessary or useful in connection therewith, through the issu ance of not more than $10,065,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $1,122,600 is specifically appropriated for the purpose of financing public library facilities for county and independent school systems, counties, mu nicipalities, and boards of trustees of public library systems by means of the acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $11,225,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.

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Section 90. Provision Relative to Section 16 Department of Community Affairs. The World Congress Center shall manage and operate the facility for which a grant of $8,228,000 is herein appropriated under a contract with the City of Dalton and the County of Whitfield for a period of not in excess of two years from the completion date of the project, and any period of time for such operation less than two years shall be jointly agreed upon by the World Congress Center, on the one hand, and the City of Dalton and the County of Whitfield, on the other hand. All costs arising from the operation of the contract shall be as sumed by the City of Dalton.
Section 91. TOTAL STATE FUND APPROPRIATIONS
State F.Y. 1987 ................................................. $5,412,225,000
Section 92. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 93. All laws and parts of laws in conflict with this Act are repealed."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Starr of the 44th moved that the Senate adopt the Conference Committee re port on HB 225.

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 Broun of 46th Brown of 47th Bryant Coleman Crumbley Dawkins Deal

Dean Echols English Engram Fincher Foster Garner Gillis Harris Hine Hudgins Huggins Langford McGill

McKenzie Olmstead Peevy Perry Ragan Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Turner Walker

Those voting in the negative were Senators:

Burton Coverdell Edge

Harrison Land Newbill

Phillips Tolleson Tysinger

Those not voting were Senators:

Howard (excused) Kennedy (presiding)

Kidd (excused)

Shumake

MONDAY, FEBRUARY 16, 1987

695

On the motion, the yeas were 42, nays 9; the motion prevailed, and the Senate adopted the Conference Committee report on HB 225.
Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced that the Senate would stand in recess from 12:30 o'clock P.M. until 2:10 o'clock P.M.
At 2:10 o'clock P.M., Senator Kennedy of the 4th, President Pro Tempore, called the Senate to order.
The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:
SB 116. By Senator Stumbaugh of the 55th:
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 provide for defini tions; to prohibit selling or furnishing cigarettes or tobacco related objects to any minor; to prohibit the purchase or procurement of cigarettes or tobacco related objects for any minor.
The Senate Committee on Human Resources offered the following substitute to SB 116:
A BILL
To be entitled an Act 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 provide for defini tions; to prohibit selling or furnishing cigarettes or tobacco related objects to any minor; to prohibit the purchase of cigarettes or tobacco related objects for any minor; to prohibit advising, counseling, or compelling any minor to smoke, inhale, chew, or use cigarettes or tobacco related objects; to provide for a showing of proper identification prior to the sale of cigarettes or tobacco related objects; to prohibit the purchase or procurement of cigarettes or tobacco related objects by minors; to prohibit the misrepresentation of identity or age or use of any false identification by a minor for the purchase or procurement of any cigarettes or tobacco related objects; to prohibit a minor from smoking, inhaling, chewing, using, or possessing cigarettes or tobacco related objects; to provide for the posting of certain warning signs by any person, firm, partnership, company, corporation, or other entity who owns or operates a place of business in which cigarettes or tobacco related objects are sold or offered for sale; to provide for the posting of warning signs on vending machines which dispense cigarettes or tobacco related objects; to prohibit persons from knowingly allowing minors to operate such vending machines; to prohibit minors from operating such vending machines; to provide for other matters relative to the foregoing; to provide for penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. 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 to be designated Article 7 to read as follows:
"ARTICLE 7
16-12-170. As used in this article, the term:
(1) 'Cigarettes' means any type of tobacco or tobacco product.
(2) 'Community service' means a public service which a minor might appropriately be required to perform, as determined by the court, as punishment for certain offenses pro vided for in this article.
(3) 'Minor' means any person who is under the age of 18 years.

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(4) 'Person' means any natural person or any firm, partnership, company, corporation, or other entity.
(5) 'Proper identification' means any document issued by a governmental agency con taining a description of the person, such person's photograph, or both, and giving such per son's date of birth and includes, without being limited to, a passport, military identification card, driver's license, or an identification card authorized under Code Sections 40-5-100 through 40-5-104. 'Proper identification' shall not include a birth certificate.
(6) 'Tobacco related objects' means any papers, wrappers, or other products, devices, or substances which are used for the purpose of making cigarettes or tobacco in any form whatsoever.
16-12-171. (a) (1) It shall be unlawful for any person knowingly to:
(A) Sell or barter, directly or indirectly, any cigarettes or tobacco related objects to a minor;
(B) Purchase any cigarettes or tobacco related objects for any minor;
(C) Advise, counsel, or compel any minor to smoke, inhale, chew, or use cigarettes or tobacco related objects; or
(D) Knowingly allow a minor to operate a vending machine which dispenses cigarettes or tobacco related products.
(2) The prohibition contained in paragraph (1) of this subsection shall not apply with respect to sale of cigarettes or tobacco related objects by a person when such person has been furnished with proper identification showing that the person to whom the cigarettes or tobacco related objects are sold is 18 years of age or older.
(3) Any person who violates this subsection shall be guilty of a misdemeanor; provided, however, for a first offense the sentence shall be suspended.
(b) (1) It shall be unlawful for any minor to:
(A) Purchase or otherwise procure any cigarettes or tobacco related objects;
(B) Misrepresent such minor's identity or age or use any false identification for the purpose of purchasing or procuring any cigarettes or tobacco related objects;
(C) Smoke, inhale, chew, use, or possess cigarettes or tobacco related objects; or
(D) Operate a vending machine which dispenses cigarettes or tobacco related products.
(2) A minor who commits an offense provided for in paragraph (1) of this subsection shall be guilty of a misdemeanor but may be punished only by one or more of the following:
(A) By requiring the performance of community service not exceeding 20 hours;
(B) By requiring attendance and completion of the tobacco and health course estab lished pursuant to Code Section 16-12-172; or
(C) By a combination of the punishments described in subparagraphs (A) and (B) of this paragraph.
16-12-172. The Department of Human Resources shall establish a tobacco and health course for the purpose of informing the young people of this state of the dangers involved in the use of cigarettes or tobacco related objects. The course shall be designed to generate greater interest in the prevention of health problems associated with the use of cigarettes or tobacco related objects. The Department of Human Resources shall by rules or regulations determine and establish standards and requirements concerning the contents of such course, duration and frequency of offering of such course, instructors and their qualifications; at tendance requirements for students, and examinations. The department may also by rules or regulations provide for the charging of a fee of not more than $40.00 for a tobacco and health course. The Department of Human Resources shall be authorized to utilize or adopt such similar courses as may be established by the American Cancer Society or the American

MONDAY, FEBRUARY 16, 1987

697

Heart and Lung Association. The tobacco and health course shall be offered at local public health facilities or such other convenient geographic locations as may be determined by the Department of Human Resources.
16-12-173. (a) Any person owning or operating a place of business in which cigarettes or tobacco related objects are sold or offered for sale shall post in a conspicuous place a sign which shall contain the following statement:
'SALE OF CIGARETTES, TOBACCO, TOBACCO PRODUCTS, OR TOBACCO RE LATED OBJECTS TO PERSONS UNDER 18 YEARS OF AGE IS PROHIBITED BY LAW.'
Such sign shall be printed in letters of at least one-half inch in height.
(b) Any person who fails to comply with the requirements of subsection (a) of this Code section shall be guilty of a misdemeanor.
16-12-174. (a) Any person who maintains in such person's place of business a vending machine which dispenses cigarettes or tobacco related objects shall place or cause to be placed in a conspicuous place on such vending machine a sign containing the following statement:
'THE OPERATION OF THIS VENDING MACHINE BY ANY PERSON UNDER 18 YEARS OF AGE IS PROHIBITED BY LAW.'
(b) Any person who fails to comply with the requirements of subsection (a) of this Code section shall be guilty of a misdemeanor; provided, however, for a first offense, the sentence shall be a fine not to exceed $300.00."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 38, nays 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:

Baldwin Burton Cverdell EDdegale
Engram Foster

Harrison Hine x,8 "^ NPheiwllbipilsl
Scott of 2nd Scott of 36th

Shumake Starr Stumbaugh _Tol,,leson
Tysmger Walker

Those voting in the negative were Senators:

Albert Allgood Barker Barnes Bowen Brannon Broun of 46th Brown of 47th

Bryant Coleman Crumbley Dawkins Dean Echols English Garner

Gillis Harris Hudgins Huggins Land McGill McKenzie Olmstead

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Peevy

Ray

Perry

Tate

Ragan

Timmons Turner

Those not voting were Senators:

Fincher Howard (excused)

Kennedy (presiding)

Kidd (excused)

On the passage of the bill, the yeas were 20, nays 31.
The bill, having failed to receive the requisite constitutional majority, was lost.
The President resumed the Chair.
Senator Crumbley of the 17th moved to excuse Senator Howard of the 42nd on all Senate roll calls today because he was at the hospital where his mother was having surgery.
On the motion, the yeas were 37, nays 0; the motion prevailed, and Senator Howard of the 42nd was excused on all Senate roll calls for today.
The following general bills and resolution of the Senate and House, favorably reported by the committees, were read the third time and put upon their passage:
SB 42. By Senator Barnes of the 33rd: A bill to amend Article 4 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against the person involving reckless conduct, so as to provide that any person who fails to keep a dog at heel, on a leash, confined, or otherwise under control shall be guilty of a misdemeanor if bodily harm is caused to another person as a result of such failure to keep the dog under control and such failure to keep the dog under control is in violation of a county or municipal ordinance.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

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

Dawkins Deal Dean Echols Edge English Engram Fincher Foster Garner Gillis Harris Harrison Hine

Hudgins Huggins Kennedy Land Langford McGill McKenzie Newbill Olmstead Peevy Perry Phillips Ragan Ray

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699

Scott of 2nd Scott of 36th Shumake Starr

Stumbaugh Tate Timmons Tolleson

Turner Tysinger Walker

Not voting were Senators Howard (excused) and Kidd (excused).
On the passage of the bill, the yeas were 53, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 267. By Senators Broun of the 46th, Coleman of the 1st, Kennedy of the 4th and others: A bill to amend Code Section 20-3-60 of the Official Code of Georgia Annotated, relating to when the properties of the University System of Georgia may be sold, leased, or disposed of, so as to provide that the Board of Regents of the Univer sity System of Georgia is authorized to lease laboratory and research facilities owned by the board to private businesses, companies, and corporations during times when the laboratory and research facilities are not in use.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

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

Edge Engram Fincher Foster Garner Gillis Harris Harrison Hine Hudgins Huggins Kennedy Land Langford McGill McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Brannon English

Howard (excused)

Kidd (excused)

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

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The bill, having received the requisite constitutional majority, was passed.
SB 227. By Senator Howard of the 42nd: A bill to amend Code Section 9-11-69 of the Official Code of Georgia Annotated, relating to discovery measures in aid of execution, so as to provide for additional discovery measures.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

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

Edge English Engram Fincher Foster Garner Harris Harrison Hine Kennedy Land Langford McGill McKenzie Newbill Olmstead

Peevy Perry Phillips Ragan Ray Scott of 2nd Scott of 36th Shumake Starr Tate Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Brannon Coverdell Gillis

Howard (excused) Hudgins Huggins

Kidd (excused) Stumbaugh

On the passage of the bill, the yeas were 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 268. By Senators Broun of the 46th, Coleman of the 1st, Kennedy of the 4th and others:
A bill to amend Code Section 45-10-25 of the Official Code of Georgia Annotated, relating to exceptions to prohibitions on transactions with state agencies, so as to provide an exception for transactions involving a lease for the purpose of small business and economic development of laboratory and research facilities owned by the Board of Regents of the University System of Georgia during times when the laboratory and research facilities are not in use.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

MONDAY, FEBRUARY 16, 1987

701

On the passage of the 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 Coleman Coverdell Crumbley Dawkins Deal Echols Edge

English Engram Fincher Foster Garner Harris Harrison Hine Huggins
Kennedy Land Langford McGill McKenzie Newbill Olmstead

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

Those not voting were Senators:

Bowen Brannon Dean

Gillis Howard (excused) Hudgins

Kidd (excused) Shumake

On the passage of the bill, the yeas were 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 451. By Representatives Sherrod of the 143rd, Royal of the 144th, Reaves of the 147th and others: A bill to amend Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to game and fish licenses, permits, and stamps, so as to provide that no fishing license shall be required of any Florida resident who is more than 65 years of age, to the extent that a reciprocal provision exists under Florida law for any Georgia resident who is more than 65 years of age. Senate Sponsor: Senator Turner of the 8th.
The report of the committee, which was favorable to the passage of the bill, was agreed
to.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Broun of 46th

Brown of 47th Burton Coleman Coverdell Crumbley Dawkins

Deal Dean Echols Edge English Fincher

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Foster Garner Gillis Harris Hine Hudgins Huggins Kennedy Land Langford

McGill McKenzie Newbill Olmstead Peevy Perry Phillips Ragan Ray Scott of 2nd

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

Those not voting were Senators:

Bowen Brannon Bryant

Engram Harrison

Howard (excused) Kidd (excused)

On the passage of the bill, the yeas were 48, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 253. By Senators Langford of the 35th and Coverdell of the 40th: A bill to amend Chapter 7 of Title 15 of the Official Code of Georgia Annotated, relating to state courts, so as to provide that the state court of any county of this state having a population of 550,000 or more according to the United States de cennial census of 1980 or any future such census may establish, maintain, and administer programs for the enhancement of the judicial system within such county.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Garner Gillis Harris Harrison Hine Hudgins Kennedy Land Langford McGill Newbill Olmstead

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

MONDAY, FEBRUARY 16, 1987

703

Those not voting were Senators:

Bowen Brannon

Howard (excused) Muggins

Kidd (excused) McKenzie

On the passage of the bill, the yeas were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 207. By Senator Barnes of the 33rd: A bill to amend Chapter 2 of Title 51 of the Official Code of Georgia Annotated, relating to vicarious tort liability, so as to change the conditions under which an employer is liable for the torts of an independent contractor.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On 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 Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Garner Gillis Harris Harrison Hine Hudgins Huggins Kennedy Land Langford McGill Newbill

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

Those not voting were Senators:

Allgood Brannon

Howard (excused) Kidd (excused)

McKenzie Ragan

On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed.

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HB 292. By Representative Watson of the 114th: A bill to amend Code Section 46-1-1 of the Official Code of Georgia Annotated, relating to definitions applicable to Title 46, so as to change certain provisions relating to the definition of a motor common carrier and motor contract carrier; to change certain provisions relating to certain dump trucks or transit mixer vehicles.
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 Bowen Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Echols

Edge English Engram Fincher Garner Gillis Harris Harrison Mine Hudgins Huggins Kennedy Land Langford McGill Newbill

Olmstead Perry Phillips Ragan Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Brannon Dean Foster

Howard (excused) Kidd (excused)

McKenzie Peevy

On the passage of the bill, the yeas were 48, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 30. By Representatives Chambless of the 133rd, Thomas of the 69th, Waldrep of the 80th and Groover of the 99th: 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 of traffic offenses, so as to provide limitations on the withdrawal of a waiver of trial by jury. Senate Sponsor: Senator Barnes of the 33rd.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

MONDAY, FEBRUARY 16, 1987

705

On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen Broun of 46th Brown of 47th Bryant Burton Coverdell Crumbley Dawkins Deal Dean Echols

Edge English Engram Fincher Foster Garner Gillis Harris Harrison Hine Hudgins Muggins Kennedy Land Langford

Newbill Olmstead Perry Ragan Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Barker Brannon Coleman Howard (excused)

Kidd (excused) McGill McKenzie

Peevy Phillips Shumake

On the passage of the bill, the yeas were 45, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 233. By Senators Harrison of the 37th, Barnes of the 33rd, Tolleson of the 32nd and Newbill of the 56th: A bill to amend an Act creating the Cobb Judicial Circuit, as amended, so as to change the provisions relating to the supplement to be paid to each of the judges of the superior court of said circuit; to provide an effective date.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage 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 Broun of 46th Brown of 47th Bryant Burton Coverdell

Crumbley Deal Dean Echols Edge English Engram Fincher Foster

Gillis Harrison Hine Hudgins Huggins Kennedy Land Langford McGill

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Newbill Olmstead Perry Ragan
Ray

Scott of 2nd Scott of 36th Starr Stumbaugh
Tate

Timmons Turner
. lysmgur
Walker

Those not voting were Senators:

Barker
Bowen Brannon Coleman
Dawkins

Garner
Harris Howard (excused) Kidd (excused)
McKenzie

Peevy Phillips
bnumake Tolleson

On the passage of the bill, the yeas were 41, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SR 104. By Senators Echols of the 6th, Ray of the 19th and McGill of the 24th: A resolution urging the Georgia congressional delegation to exert its influence to increase the funding for the forestry incentives program.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

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

Edge English Engram Fincher Foster Garner Gillis Harris Harrison Hine Hudgins Huggins Kennedy Land Langford McGill McKenzie

Newbill Olmstead Perry Phillips Ragan j^av Scott of 2nd S^ _,coutmt aok,fe36th btarr Stumbaugh Tate Timmons Turner Tysinger Walker

Those not voting were Senators:

Brannon Howard (excused)

Kidd (excused) Peevy

Tolleson

MONDAY, FEBRUARY 16, 1987

707

On the adoption of the resolution, the yeas were 50, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
SB 31. By Senator Peevy of the 48th: A bill to amend Code Section 33-34-4 of the Official Code of Georgia Annotated, relating to certain motor vehicle insurance minimum required coverage, so as to provide that certain coverage for loss of income or earnings shall not be required if such owner is a retired person.
The Senate Committee on Insurance offered the following substitute to SB 31:
A BILL
To be entitled an Act to amend Code Section 33-34-4 of the Official Code of Georgia Annotated, relating to minimum required motor vehicle insurance coverages, so as to pro vide that insurers may make certain of such coverages and certain optional increased cover ages available on a deductible basis; to provide conditions and limitations; to provide for total benefits limits; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 33-34-4 of the Official Code of Georgia Annotated, relating to minimum required motor vehicle insurance coverages, is amended by adding at the end thereof a new subsection (d) to read as follows:
"(d) An insurer may make the coverages described under subparagraphs (a)(2)(A) and (a)(2)(B) of this Code section and (a)(l)(A) and (a)(l)(B) of Code Section 33-34-5 available on a deductible basis, at the option of the named insured and at a reduced price. Such a deductible shall not, however, apply to compensation to a pedestrian or to compensation to any insured whose injury results in death, dismemberment, permanent blindness in one or both eyes, total and complete paralysis, or a compound fracture of an arm or leg. Subject to the foregoing limitation, such a deductible shall apply to reduce the total benefits limits specified by subsection (c) of this Code section, except that if there exist two or more poli cies providing coverage under this Code section, then with respect to each such policy the benefits limits specified by subsection (c) of this Code section shall be reduced only by the amount of the deductible specified in that policy."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Albert Allgood Barker Barnes Broun of 46th Brown of 47th

Bryant Burton Coleman Coverdell Crumbley Dawkins

Deal Dean English Fincher Foster Gillis

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Harris Harrison Hine Hudgins Huggins Kennedy Land Langford

McGill Newbill Olmstead Ragan Ray Scott of 2nd Scott of 36th

Shumake Starr Stumbaugh Tate Tolleson Tysinger Walker

Those voting in the negative were Senators:

Bowen Echols Edge

Garner McKenzie Perry

Phillips Timmons Turner

Those not voting were Senators:

Baldwin Brannon

Engram Howard (excused)

Kidd (excused) Peevy

On the passage of the bill, the yeas were 40, nays 9.
The bill, having received the requisite constitutional majority, was passed by substitute.
SB 162. By Senators Deal of the 49th, Peevy of the 48th, Barnes of the 33rd and others:
A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, so as to provide a comprehensive plan for the development of community-based alternatives so that children who have committed delinquent acts may not have to be commit ted to a state detention facility; to provide noninstitutional disposition options for juvenile courts; to provide for intent.
The Senate Committee on Judiciary offered the following substitute to SB 162:
A BILL
To be entitled an Act to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, so as to create the Juvenile Justice Coordinating Council and provide for its membership; to provide for an executive director and other staff; to provide for the duties of the council with respect to carrying out delinquency prevention and community services programs, securing coopera tion and coordination in the administration of the juvenile justice system, administering federal assistance funds, and other matters; to provide for assignment of the council to the Office of Planning and Budget for administrative purposes; to provide a comprehensive plan for the development of community-based alternatives so that children who have committed delinquent acts may not have to be committed to a state detention facility; to provide noninstitutional disposition options for juvenile courts; to provide for intent; to provide for a formula for state funding for community-based services; to authorize the purchase of care or services from programs meeting state standards; to provide for annual reports on the progress of community-based programs; to provide for county assessment of youth needs; to repeal conflicting laws; and for other purposes.

MONDAY, FEBRUARY 16, 1987

709

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, is amended by adding at the end thereof a new Article 6 to read as follows:
"ARTICLE 6
Part 1
49-5-130. (a) The General Assembly declares its intent to reduce the number of children committed by the courts for delinquent acts to institutions operated by the Division of Youth Services of the Department of Human Resources or other state agencies. The intent of this article is to provide for the effective coordination of the state's juvenile justice system and in particular to provide a comprehensive plan for the development of community-based alternatives so that children who have committed delinquent acts may not have to be com mitted to a state detention facility. Additionally, it is the intent of this article to provide noninstitutional disposition options in any case before the juvenile court where such disposi tion is deemed to be in the best interest of the child and the community.
49-5-131. As used in this article, the term:
(1) 'Council' means the Juvenile Justice Coordinating Council created pursuant to Code Section 49-5-132.
(2) 'Delinquent act' means an act defined in paragraph (6) of Code Section 15-11-2; provided, however, that such term shall not include a 'designated felony act' as such term is defined in paragraph (2) of subsection (a) of Code Section 15-11-37.
(3) 'Director' means the executive director of the Juvenile Justice Coordinating Council.
49-5-132. (a) There is created the Juvenile Justice Coordinating Council which shall consist of 20 members as follows:
(1) The chairman of the Council of Juvenile Court Judges, the Chief Justice of the Supreme Court of Georgia, the chairman of the Prosecuting Attorneys' Council, and the director of the Division of Youth Services shall be members of the council, as full voting members of the council by reason of their office;
(2) One member shall be appointed by the Lieutenant Governor, one member shall be appointed by the Speaker of the House, and two members shall be appointed by the Chief Justice of the Supreme Court of Georgia; and the term of each of these members shall be fixed by the officer making the appointment; and
(3) Twelve members shall be appointed by the Governor for terms of four years, with their initial appointments, however, being four for four-year terms, four for three-year terms, and four for two-year terms. These appointments shall be made so that there are always on the council the following persons: representatives from the law enforcement com munity, local elected officials, three individuals under the jurisdiction of the juvenile justice system, and individuals from private business and advocacy organizations who have an in terest in juvenile delinquency, its prevention, and community-based alternatives, selected to provide a balanced perspective.
(b) All appointments to the council shall become effective on October 1, 1987. In the event of death, resignation, disqualification, or removal for any reason of any member of the council, the vacancy shall be filled in the same manner as the original appointment and the successor shall serve for the unexpired term.
(c) Membership on the council does not constitute public office and no member shall be disqualified from holding public office by reason of his membership on the council.
(d) Members of the council shall serve without compensation, except that each member who is not a state officer or state employee shall receive the same expense allowance per day as that received by a member of the General Assembly for each day such member of the

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council is in attendance at a meeting of such council, plus either reimbursement for actual transportation costs while traveling by public carrier or the same mileage allowance for use of a personal car in connection with such attendance as members of the General Assembly receive.
(e) The council shall elect its own officers and make such bylaws for its operation as may be necessary or appropriate.
49-5-133. (a) There shall be an executive director of the Juvenile Justice Coordinating Council who shall be appointed by and serve at the pleasure of the council.
(b) The director may contract with other agencies, public or private, or persons as the director deems necessary for the rendering and affording of such services, facilities, studies, research, and reports to the council as will best assist it to carry out its duties and responsibilities.
(c) The director may employ such other professional, technical, and clerical personnel as deemed necessary to carry out the purposes of this article.
49-5-134. (a) The council is vested with the following functions and authority:
(1) To carry out the delinquency prevention and community-based service programs provided for in Part 2 of this article;
(2) To cooperate with and secure cooperation of every department, agency, or instru mentality in the state government or its political subdivisions in the furtherance of the pur poses of this article;
(3) To prepare, publish, and disseminate fundamental juvenile justice information of a descriptive and analytical nature to all components of the juvenile justice system of this state;
(4) To serve as a state-wide clearinghouse for juvenile justice information and research;
(5) In coordination and cooperation with all components of the juvenile justice system of this state, to develop juvenile justice legislative proposals and executive policy proposals reflective of the priorities of the entire juvenile justice system of this state;
(6) To serve in an advisory capacity to the Governor on issues impacting the juvenile justice system of this state;
(7) To coordinate high visibility juvenile justice research projects and studies with a state-wide impact, which studies and projects cross traditional system component lines;
(8) To provide for the interaction, communication, and coordination of all components of the juvenile justice system of the state and to provide assistance in establishing state wide goals and standards in the system;
(9) To administer federal assistance funds under the Juvenile Justice and Delinquency Prevention Act; and
(10) To do any and all things necessary and proper to enable it to perform wholly and adequately its duties and to exercise the authority granted to it.
(b) Notwithstanding any provision in this article to the contrary, the council shall not exercise any power, undertake any duty, or perform any function assigned by law to the Governor, the Attorney General, or any of the prosecuting or investigatory agencies at the state or local level.
49-5-135. (a) The council shall be assigned to the Office of Planning and Budget for administrative purposes only, as described in Code Section 50-4-3. The council shall operate in conjunction with and in cooperation with the operations of the Criminal Justice Coordi nating Council.
(b) The council shall prepare a budget request in the same manner as any such request would be prepared by a budget unit in accordance with Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act,' and a separate appropriation shall be provided for the council in

MONDAY, FEBRUARY 16, 1987

711

the General Appropriations Act. The council is authorized to accept and use gifts, grants, and donations for the purpose of carrying out this article. The council is also authorized to accept and use property, both real and personal, and services, for the purpose of carrying out this article. Any funds, property, or services received as gifts, grants, or donations shall be kept separate and apart from any funds received by the Office of Planning and Budget; and such funds, property, or services so received by gifts, grants, or donations shall be the property and funds of the council and, as such, shall not lapse at the end of each fiscal year but shall remain under the control of and subject to the direction of the council to carry out this article.
Part 2
49-5-150. The policy and intent of the General Assembly in delinquency prevention and community-based services can be summarized as follows:
(1) Such programs should be planned and organized at the community level within the state, and such planning efforts should include appropriate representation from local gov ernment, local agencies serving families and children, both public and private, local business leaders, citizens with an interest in youth problems, youth representatives, and others as may be appropriate in a particular community. The role of the state should be to provide technical assistance, access to funding, program information, and assistance to local leader ship in appropriate planning;
(2) When a child is adjudicated to be within the jurisdiction of the juvenile court, such child should be carefully evaluated through the available community-level resources includ ing mental health services, social services, public health and other available medical ser vices, public schools, and others, as appropriate, prior to the juvenile hearing dealing with disposition so that the disposition of the court may be made with an understanding of the needs of the child and after consideration of the resources available to meet those needs;
(3) It is contrary to the policy of the state for a court to separate a child from his or her own family or commit a child to an institution without a careful evaluation of the needs of the child;
(4) The General Assembly finds that state and local government should be responsive to the need for community-based services which would provide an alternative to commitment to an institution. The General Assembly intends that state government should be responsive to this need through the council by helping public and private local groups to plan, develop, and fund community-based programs, both residential and nonresidential;
(5) It is the intent of the General Assembly that the council develop a funding mecha nism that will provide state support for programs that meet the standards developed under the provisions of this part.
49-5-151. (a) It shall be the duty of the council to arrange for the implementation of this part as follows:
(1) To assist local governments and private service agencies in the development of com munity-based programs and to provide information on the availability of potential funding sources and to provide whatever assistance may be requested in making application for needed funding;
(2) To approve yearly program evaluations and to make recommendations to the Gen eral Assembly concerning continuation funding that might be supported by that evaluation;
(3) To approve program evaluation standards by which all programs developed under the provisions of this part may be objectively evaluated. Such standards as may be devel oped for the purpose of program evaluation shall be in addition to any current standards as may be applicable under the existing authority of the department. Minimum operating stan dards as well as program evaluation standards as may be needed for new program models designed to fulfill the intent of this part may be developed at the discretion of the council;
(4) To develop a formula for funding on a matching basis community-based services as provided for in this part. This formula shall be based upon a county's or counties' relative

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ability to fund community-based programs for juveniles. Local governments receiving state matching funds for programs under the provisions of this part must maintain the same overall level of effort that existed at the time of the filing of the county assessment of youth needs with the council;
(5) To provide yearly program evaluation of the effectiveness of delinquency prevention programs and community-based services developed or supported under provisions of this part;
(6) To develop a program to coordinate the resources of state government within the appropriate departments to provide technical assistance to local areas within the state to assist them in planning delinquency prevention programs and community-based services for youth, including but not limited to the following:
(A) Study local youth needs;
(B) Gather data on children within the jurisdiction of the juvenile court;
(C) Evaluate resources for providing services or care to these children;
(D) Provide information about various program models which might be appropriate in relation to the needs of youth;
(E) Help in planning for evaluation; and
(F) Provide such other assistance as may be appropriate;
(7) To encourage the development of delinquency prevention programs and communitybased services by private groups so that:
(A) Such programs can be responsive to local needs;
(B) Local leadership and private groups can be responsible for their programs;
(C) Programs which meet state standards can be assisted by state and federal funding; and
(D) Available private funds can be appropriately utilized along with available state and federal funds;
(8) To provide for the development of programs which have a plan for evaluation from the beginning so that successful program models can be replicated as appropriate; and
(9) To provide for the development of delinquency prevention programs and commu nity-based services under public auspices where there is no local private leadership.
49-5-152. The council and any other appropriate state or local agency are authorized to purchase care or services from public or private agencies providing delinquency prevention programs or community-based services, provided the program meets the state standards as authorized by Code Section 49-5-151.
49-5-153. The council shall prepare an annual report on the progress of the communitybased programs of this state which shall include the most current institutional populations of children being served by the various departments of state government and which shall include comparative costs of all children-serving agencies. Such report shall be submitted to the Governor, the General Assembly, and the various state departments providing services to children.
49-5-154. The governing authority of each participating county shall conduct or arrange for a study of youth needs in the county, giving particular attention to the need for delin quency prevention programs and community-based services, residential or nonresidential, which would provide an alternative to commitment to a state detention facility. The gov erning authority of the county may delegate the responsibility for the study to any appro priate board or department of county government or it may contract with an appropriate private agency or group for the study. Adjoining counties may cooperate in conducting such study on a regional basis, utilizing appropriate public or private resources. The governing authority of the county may request technical assistance from the council in conducting

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713

such study. Each participating county shall develop a study plan for submission to the coun cil by July 1, 1988. Each participating county shall plan for a continuing assessment of youth needs in the county or region with annual reports to the council."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 3, nays 26, and the substitute was lost.
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 Broun of 46th Brown of 47th Bryant Burton Coverdell Dawkins Deal Dean Echols Edge

English Fincher Foster Garner Gillis Harris Harrison Hine Hudgins Muggins Kennedy Land Langford McGill McKenzie Newbill

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

Those not voting were Senators:

Brannon Coleman Crumbley

Engram Howard (excused) Kidd (excused)

Peevy Timmons

On the passage of the bill, the yeas were 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 283. By Senator Walker of the 43rd: A bill to amend Article 7 of Chapter 4 of Title 3 of the Official Code of Georgia Annotated, relating to the sales of distilled spirits in certain municipalities, so as to permit municipalities to issue licenses permitting the manufacture, sale, or distribution of distilled spirits or to authorize the sale of distilled spirits by the drink for consumption only on the premises based on approval for such licenses in the county in a county-wide referendum.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

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Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen
Broun of 46th Brown of 47th Bryant Coverdell Crumbley Dean Echols English

Engram Fincher Garner Gillis Harrison Hine Hudgins Huggins Kennedy Land Langford McGill McKenzie

Newbill Olmstead Perry Phillips Ragan Ray Scott of 2nd Scott of 36th Shumake Stumbaugh Tolleson Turner Walker

Those voting in the negative were Senators:

Burton Dawkins Deal

Edge Foster

Starr Tysinger

Those not voting were Senators:

Brannon Coleman Harris

Howard (excused) Kidd (excused) Peevy

Tate Timmons

On the passage of the bill, the yeas were 40, nays 7.
The bill, having received the requisite constitutional majority, was passed.
Serving as doctor of the day today was Dr. Bates Bailey of Dalton, 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 3:58 o'clock P.M., the President announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

TUESDAY, FEBRUARY 17, 1987

715

Senate Chamber, Atlanta, Georgia Tuesday, February 17, 1987 Twenty-fifth Legislative Day
The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called to order by the President.
Senator Barker of the 18th reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House and Senate:
HB 544. By Representatives Sinkfield of the 37th, Holmes of the 28th, Greer of the 39th, Couch of the 40th, Benn of the 38th and others: A bill to amend an Act providing for the number of members and for the election of members of the Board of Education of Fulton County, so as to change the provisions relating to the compensation of the members of the board.
HB 754. By Representatives Bargeron of the 108th and Godbee of the 110th: A bill to amend an Act providing for a salary supplement to be paid from funds of Burke County to the superior court judges of the Augusta Judicial Circuit, so as to change the amount of such supplement.
HB 756. By Representatives Bargeron of the 108th and Godbee of the 110th: A bill to amend an Act establishing the State Court of Burke County, formerly the City Court of Waynesboro, so as to change the terms of said court.
HB 760. By Representative Royal of the 144th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the governing authority of the City of Doerun to issue bonds without a vote of the people to refund its present or any future bonded indebtedness legally incurred that may be or be come unpaid.
HB 761. By Representative Ware of the 77th: A bill to make provisions for the Magistrate Court of Heard County.
HB 762. By Representatives Ramsey of the 155th and Smith of the 156th: 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 body of the City of Brunswick to levy an annual ad valorem tax upon the taxable real prop erty located in that district and area within said city described as "Downtown Brunswick" to be used in assisting and promoting the economic development of the central business district.

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HB 763. By Representative Ray of the 98th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the County Board of Educa tion of Peach County to borrow funds and pledge certain building funds to the payment thereof.
HB 764. By Representative Ray of the 98th: 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 Education of Peach County to make grants for the purpose of educating or training certain handicapped citizens of Peach County.
HB 765. By Representative Ray of the 98th: 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 Peach County to levy a tax not to exceed 1 mill for use by the Peach County Industrial Development Authority.
HB 766. By Representatives Hays of the 1st, Snow of the 1st and Crawford of the 5th: A bill to amend an Act placing the coroner of Walker County on an annual sal ary, so as to change the provisions relating to the compensation of the coroner.
HB 769. By Representative Smith of the 78th: A bill to create the office of county manager of Lamar County.
HB 770. By Representatives Hanner of the 131st and Sizemore of the 136th: A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Lee County during designated registra tion periods as provided in Code Section 40-2-20.1 of the Official Code of Georgia Annotated.
HB 774. By Representatives Childs of the 53rd, Richardson of the 52nd, Alford of the 57th, Workman of the 51st, Robinson of the 58th and others: A bill to amend an Act creating the State Court of DeKalb County, formerly known as the Civil and Criminal Court of DeKalb County, so as to add a judge to said court.
HB 779. By Representative Heard of the 43rd: A bill to amend an Act abolishing the fee system of compensation for the clerk of the Superior Court of Fayette County, so as to change the provisions relative to the compensation of the clerk of the superior court.
HB 780. By Representative Heard of the 43rd: A bill to amend an Act relating to the Magistrate Court of Fayette County, so as to provide that the magistrates of Fayette County shall be nominated and elected in the general nonpartisan primary and general nonpartisan election.
HB 781. By Representative Heard of the 43rd: A bill to amend an Act creating the Board of Commissioners of Fayette County, so as to provide for an increase in the amount of compensation for the chairman of the Board of Commissioners of Fayette County and members of the Board of Commissioners of Fayette County.

TUESDAY, FEBRUARY 17, 1987

717

HB 782. By Representative Heard of the 43rd:
A bill to amend an Act abolishing the fee system of compensation for the sheriff of Fayette County, so as to change the provisions relative to the compensation of the sheriff.
HB 783. By Representative Heard of the 43rd:
A bill to amend an Act abolishing the fee system of compensation for the judge of the Probate Court of Fayette County, so as to change the provisions relative to the compensation of the judge of the probate court.
HB 784. By Representative Heard of the 43rd:
A bill to amend an Act creating the office of tax commissioner of Fayette County, so as to change the provisions relative to the compensation of the tax commissioner.
HB 785. By Representative Watts of the 41st:
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 Paulding County to enter into contracts and other agreements, including certain security deeds and notes, for any period not exceeding 30 years.
HB 786. By Representative Watts of the 41st:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the General Assembly to pro vide by law that the governing authority of Paulding County may establish and administer fire protection districts within the bounds of said county and levy taxes or special assessments therefor.
HB 788. By Representative Watts of the 41st:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the City of Dallas Parking Authority.
HB 789. By Representatives Thomas of the 69th, Simpson of the 70th and Shepard of the 71st:
A bill to amend an Act establishing the State Court of Carroll County, so as to change the compensation of the judge, solicitor, and judge's secretary.
SB 213. By Senator Brannon of the 51st:
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 Calhoun to ap propriate to HAND UP, INC., a sum not to exceed $5,000.00 per annum out of the public funds of said city; to provide the authority for this Act.
HB 662. By Representatives Smyre of the 92nd, Ware of the 77th, Benefield of the 72nd and Lawson of the 9th:
A bill to amend Article 1 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions affecting the Department of Adminis trative Services, so as to provide for a program of insurance and self-insurance against liability for state authorities.

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HB 191. By Representatives Kilgore of the 42nd, Dover of the llth, Benefield of the 72nd, Lee of the 72nd, Bailey of the 72nd 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.
HB 576. By Representatives Barnett of the 10th, Porter of the 119th, Holcomb of the 72nd, Harris of the 84th and Yeargin of the 14th:
A bill to amend Chapter 47 of Title 43 of the Official Code of Georgia Annotated, known as the "Used Car Dealers' Registration Act", so as to authorize the board to develop and administer an examination; to change the provisions relating to attendance at training and informational seminars.
HB 239. By Representatives Rainey of the 135th and Adams of the 36th:
A bill to amend Chapter 7 of Title 52 of the Official Code of Georgia Annotated, known as the "Georgia Boat Safety Act", so as to define a reportable boating accident; to require the numbering of vessels with specific exceptions; to provide that numbers assigned by the state need not be displayed on vessels documented by the United States Coast Guard.
HB 590. By Representatives Stephens of the 68th, Thurmond of the 67th, Milford of the 13th and Clark of the 13th:
A bill to amend an Act providing a supplement to the salary of the judges of the superior courts of the Western Judicial Circuit, so as to change the supplemen tary compensation to be paid to each judge of the superior courts of the Western Judicial Circuit.
HB 606. By Representatives Waldrep of the 80th and Bray of the 91st:
A bill to amend Chapter 10 of Title 36 of the Official Code of Georgia Annotated, relating to county public works contracts, and Chapter 4 of Title 32 of the Offi cial Code of Georgia Annotated, relating to state, county, and municipal road systems, so as to revise provisions relating to bidding of local government con tracts; to change the amount of contracts which must be bid.
HB 454. By Representative Galer of the 97th:
A bill to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to change certain provisions relating to the crime of sexual exploitation of children; to prohibit any person from exchanging, selling, purchasing, or delivering any minor in connection with the production of any visual or print medium or performance depicting a minor engaged in sexually explicit conduct.
HB 177. By Representatives Moore of the 139th, Murphy of the 18th, Parham of the 105th, Parrish of the 109th, Green of the 106th and others:
A bill to amend Code Section 31-11-5 of the Official Code of Georgia Annotated, relating to rules and regulations governing ambulance services, so as to provide that the rules of the Department of Human Resources shall not require more than one emergency medical technician in an ambulance transporting a patient.
HB 431. By Representatives Athon of the 57th, Lane of the lllth, Dover of the llth, Watts of the 41st, Lord of the 107th and others:
A bill to amend Code Section 3-1-5 of the Official Code of Georgia Annotated, relating to posting of signs warning that consumption of alcohol during preg-

TUESDAY, FEBRUARY 17, 1987

719

nancy is dangerous, so as to provide for the posting of such signs by all retailers who sell alcoholic beverages.
HB 618. By Representatives Hasty of the 8th, Bostick of the 138th, Yeargin of the 14th, Barnett of the 10th and Birdsong of the 104th:
A bill to amend Code Section 45-17-8 of the Official Code of Georgia Annotated, relating to powers and duties of notaries public, so as to provide that the certifi cation or signature of a notary public shall not be evidence to show that the notary public had knowledge of the contents of the document certified or signed, with certain exceptions.
HB 583. By Representative Randall of the 101st:
A bill to amend Chapter 36 of Title 43 of the Official Code of Georgia Annotated, known as the "Georgia Polygraph Examiners Act", so as to continue the State Board of Polygraph Examiners and provide for its later termination.
HB 465. By Representatives Hooks of the 116th and Bray of the 91st:
A bill to amend Article 13 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to contested elections and primaries, so as to provide that the election superintendent or superintendents who conducted certain contested primaries or elections may be named as defendants in certain contest cases.
HB 142. By Representatives Childs of the 53rd, Williams of the 54th and Cummings of the 17th:
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 provide for defini tions; to prohibit selling or furnishing cigarettes or tobacco related objects to any minor; to prohibit the purchase or procurement of cigarettes or tobacco related objects for any minor.
HB 653. By Representatives Barnett of the 59th and Bannister of the 62nd:
A bill to amend Article 3 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to indictments, so as to provide that if two indictments on the same offense, charge, or allegation are quashed, whether by motion, demur rer, special plea or exception, or other pleadings of the defendant or by the court's own motion, such actions shall be a bar to future prosecution for the of fense, charge, or allegation.
HB 649. By Representative Groover of the 99th:
A bill to amend Code Section 16-9-20 of the Official Code of Georgia Annotated, relating to the offense of issuance of bad checks, so as to include a contempora neous extension of additional credit and a written waiver of lien rights as present consideration.
HB 27. By Representatives Thomas of the 69th, Chambless of the 133rd and Waldrep of the 80th:
A bill to amend Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to district attorneys, so as to provide for the appointment of an investi gator for each judicial circuit; to amend Code Section 45-18-1 of the Official Code of Georgia Annotated, relating to definitions affecting the state employees' health benefit plan, so as to include district attorneys' investigators as employees for purposes of the plan.

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HB 255. By Representatives Chambless of the 133rd, Childers of the 15th and Richardson of the 52nd:
A bill to amend Article 4 of Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to semiannual reports of certain health care information by hospitals to the Health Planning Agency, so as to provide that such reports shall be annual reports rather than semiannual reports; to change the due date and period of coverage of such reports.
The House has adopted by the requisite constitutional majority the following resolu tions of the House and Senate:
HR 98. By Representatives Robinson of the 58th, Watson of the 114th, Hamilton of the 124th, Pettit of the 19th, Green of the 106th and others:
A resolution creating the Joint Comprehensive Energy Resources Policy Committee.
SR 19. By Senators Coleman of the 1st, Scott of the 2nd and Bryant of the 3rd: A resolution authorizing the conveyance of certain state owned property located in the City of Savannah, Chatham County, Georgia, to the City of Savannah; to provide an effective date.
The House has adopted the report of the Committee of Conference on the following bill of the House:
HB 225. By Representatives Murphy of the 18th, McDonald of the 12th, Smyre of the 92nd, Benefield of the 72nd, Lawson of the 9th and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 19861987 known as the "General Appropriations Act", so as to change certain appro priations for the State Fiscal Year 1986-1987.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 328. By Senator McKenzie of the 14th: A bill to amend an Act providing for the board of education for the Schley County School District so as to provide for the election of the members of the board of education for the Schley County School District; to describe the dis tricts; to provide for filling vacancies; to provide for qualifications.
Referred to Committee on Urban and County Affairs.
SB 329. By Senator McKenzie of the 14th:
A bill to amend an Act creating a new charter for the City of Oglethorpe so as to change the length of the term of office of the mayor and council. Referred to Committee on Urban and County Affairs.
SB 330. By Senators Tolleson of the 32nd, Harrison of the 37th and Newbill of the 56th: A bill to amend Code Section 31-7-72 of the Official Code of Georgia Annotated, relating to the creation of hospital authorities in each county and municipality, so as to provide for terms of office and the appointment of members of county hospital authorities; to provide an effective date.
Referred to Committee on Urban and County Affairs (General).

TUESDAY, FEBRUARY 17, 1987

721

SB 331. By Senators Tolleson of the 32nd, Harrison of the 37th and Newbill of the 56th:
A bill to amend Chapter 62 of Title 36 of the Official Code of Georgia Annotated, relating to development authorities, so as to change the provisions relating to terms of office of directors of county development authorities; to provide an ef fective date. Referred to Committee on Urban and County Affairs (General).
SB 332. By Senators Tolleson of the 32nd, Harrison of the 37th and Newbill of the 56th:
A bill to amend Code Section 8-3-50 of the Official Code of Georgia Annotated, relating to the appointment, qualifications, and tenure of commissioners of hous ing authorities, so as to change the provisions relating to terms of office of com missioners of county housing authorities; to provide an effective date. Referred to Committee on Urban and County Affairs (General).
SB 333. By Senator Brannon of the 51st:
A bill to amend an Act creating the office of Commissioner of Roads and Reve nues of Fannin County, as amended, so as to change the provisions relating to the election of the chairman and other members of the board of commissioners of Fannin County; to provide for terms of office; to provide procedures. Referred to Committee on Urban and County Affairs.
SB 334. By Senator Brannon of the 51st:
A bill to add one additional judge of the superior court for the Appalachian Judi cial Circuit; to amend Code Section 15-6-2 of the Official Code of Georgia Anno tated, relating to numbers of judges for each judicial circuit, so as to provide for such additional judge; to provide for the initial appointment and subsequent election of said judge; to provide for all related matters; to provide an effective date. Referred to Committee on Judiciary.
SB 335. By Senators Fincher of the 54th, Barnes of the 33rd, Baldwin of the 29th and others:
A bill to amend Code Section 32-6-24 of the Official Code of Georgia Annotated, relating to length limitations for vehicles and loads, so as to increase the maxi mum overall length of vehicles and semitrailers authorized; to provide limita tions; to provide a definition. Referred to Committee on Transportation.
SB 336. By Senators Coleman of the 1st, Scott of the 2nd and Bryant of the 3rd:
A bill to amend Code Section 36-63-11 of the Official Code of Georgia Annotated, relating to the construction of the "Resource Recovery Development Authorities Law," so as to provide that the sale or disposition of any useful form of energy produced by a project shall not be subject to the provisions of "The Georgia Cogeneration Act of 1979"; to provide an effective date. Referred to Committee on Public Utilities.
SB 337. By Senator Baldwin of the 29th:
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 Troup County to assess and collect license fees from all businesses in the county outside the corporate limits of any municipality; to provide the authority for this Act. Referred to Committee on Urban and County Affairs.

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SB 338. By Senator Baldwin of the 29th:
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 West Point to increase its bonded indebtedness for the purpose of flood protection; to provide the authority for this Act. Referred to Committee on Urban and County Affairs.
SB 339. By Senator Barnes of the 33rd:
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 seven the number of judges for the Cobb Judicial Circuit; to provide for the selection and term of such judge; to provide for the compensation, salary, and expense allowance of said judge to be paid by the State of Georgia and the county comprising said circuit. Referred to Committee on Judiciary.
SR 138. By Senator Edge of the 28th:
A resolution setting forth and expressing the declared rights of victims of crime. Referred to Committee on Public Safety.
SR 142. By Senators Newbill of the 56th, Harrison of the 37th, Tysinger of the 41st and others:
A resolution proposing an amendment to the Constitution so as to provide for the election of the members of the State Board of Education by the members of the General Assembly from the respective congressional districts and for a State School Superintendent to be appointed by the board; to provide an effective date; to provide for the submission of this amendment for ratification or rejection. Referred to Committee on Education.
SR 144. By Senators Allgood of the 22nd, Deal of the 49th and Peevy of the 48th:
A resolution creating the Grand Jury Study Committee. Referred to Committee on Rules.
SR 145. By Senators Gillis of the 20th and Harris of the 27th:
A resolution electing Mr. Roger F. Kahn of Fulton County as a member of the State Election Board. Referred to Committee on Rules.
The following bills and resolution of the House were read the first time and referred to committees:
HB 27. By Representatives Thomas of the 69th, Chambless of the 133rd and Waldrep of the 80th:
A bill to amend Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to district attorneys, so as to provide for the appointment of an investi gator for each judicial circuit; to amend Code Section 45-18-1 of the Official Code of Georgia Annotated, relating to definitions affecting the state employees' health benefit plan, so as to include district attorneys' investigators as employees for purposes of the plan. Referred to Committee on Judiciary.

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723

HB 142. By Representatives Childs of the 53rd, Williams of the 54th and Cummings of the 17th:
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 provide for defini tions; to prohibit selling or furnishing cigarettes or tobacco related objects to any minor; to prohibit the purchase or procurement of cigarettes or tobacco related objects for any minor. Referred to Committee on Human Resources.
HB 177. By Representatives Moore of the 139th, Murphy of the 18th, Parham of the 105th and others:
A bill to amend Code Section 31-11-5 of the Official Code of Georgia Annotated, relating to rules and regulations governing ambulance services, so as to provide that the rules of the Department of Human Resources shall not require more than one emergency medical technician in an ambulance transporting a patient. Referred to Committee on Human Resources.
HB 191. By Representatives Kilgore of the 42nd, Dover of the llth, Benefield of the 72nd 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. Referred to Committee on Banking and Finance.
HB 239. By Representatives Rainey of the 135th and Adams of the 36th:
A bill to amend Chapter 7 of Title 52 of the Official Code of Georgia Annotated, known as the "Georgia Boat Safety Act", so as to define a reportable boating accident; to require the numbering of vessels with specific exceptions; to provide that numbers assigned by the state need not be displayed on vessels documented by the United States Coast Guard. Referred to Committee on Natural Resources.
HB 255. By Representatives Chambless of the 133rd, Childers of the 15th and Richardson of the 52nd:
A bill to amend Article 4 of Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to semiannual reports of certain health care information by hospitals to the Health Planning Agency, so as to provide that such reports shall be annual reports rather than semiannual reports; to change the due date and period of coverage of such reports. Referred to Committee on Human Resources.
HB 431. By Representatives Athon of the 57th, Lane of the lllth, Dover of the llth and others:
A bill to amend Code Section 3-1-5 of the Official Code of Georgia Annotated, relating to posting of signs warning that consumption of alcohol during preg nancy is dangerous, so as to provide for the posting of such signs by all retailers who sell alcoholic beverages. Referred to Committee on Consumer Affairs.
HB 454. By Representative Galer of the 97th:
A bill to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to change certain provisions relating to the crime of

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sexual exploitation of children; to prohibit any person from exchanging, selling, purchasing, or delivering any minor in connection with the production of any visual or print medium or performance depicting a minor engaged in sexually explicit conduct. Referred to Committee on Special Judiciary.
HB 465. By Representatives Hooks of the 116th and Bray of the 91st:
A bill to amend Article 13 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to contested elections and primaries, so as to provide that the election superintendent or superintendents who conducted certain contested primaries or elections may be named as defendants in certain contest cases. Referred to Committee on Governmental Operations.
HB 576. By Representatives Barnett of the 10th, Porter of the 119th, Holcomb of the 72nd and others:
A bill to amend Chapter 47 of Title 43 of the Official Code of Georgia Annotated, known as the "Used Car Dealers' Registration Act", so as to authorize the board to develop and administer an examination; to change the provisions relating to attendance at training and informational seminars. Referred to Committee on Industry and Labor.
HB 583. By Representative Randall of the 101st:
A bill to amend Chapter 36 of Title 43 of the Official Code of Georgia Annotated, known as the "Georgia Polygraph Examiners Act", so as to continue the State Board of Polygraph Examiners and provide for its later termination. Referred to Committee on Special Judiciary.
HB 590. By Representatives Stephens of the 68th, Thurmond of the 67th, Milford of the 13th and Clark of the 13th:
A bill to amend an Act providing a supplement to the salary of the judges of the superior courts of the Western Judicial Circuit, so as to change the supplemen tary compensation to be paid to each judge of the superior courts of the Western Judicial Circuit. Referred to Committee on Judiciary.
HB 606. By Representatives Waldrep of the 80th and Bray of the 91st:
A bill to amend Chapter 10 of Title 36 of the Official Code of Georgia Annotated, relating to county public works contracts, and Chapter 4 of Title 32 of the Offi cial Code of Georgia Annotated, relating to state, county, and municipal road systems, so as to revise provisions relating to bidding of local government con tracts; to change the amount of contracts which must be bid. Referred to Committee on Transportation.
HB 618. By Representatives Hasty of the 8th, Bostick of the 138th, Yeargin of the 14th and others:
A bill to amend Code Section 45-17-8 of the Official Code of Georgia Annotated, relating to powers and duties of notaries public, so as to provide that the certifi cation or signature of a notary public shall not be evidence to show that the notary public had knowledge of the contents of the document certified or signed, with certain exceptions. Referred to Committee on Special Judiciary.

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725

HB 649. By Representative Groover of the 99th: A bill to amend Code Section 16-9-20 of the Official Code of Georgia Annotated, relating to the offense of issuance of bad checks, so as to include a contempora neous extension of additional credit and a written waiver of lien rights as present consideration.
Referred to Committee on Banking and Finance.
HB 653. By Representatives Barnett of the 59th and Bannister of the 62nd: A bill to amend Article 3 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to indictments, so as to provide that if two indictments on the same offense, charge, or allegation are quashed, whether by motion, demur rer, special plea or exception, or other pleadings of the defendant or by the court's own motion, such actions shall be a bar to future prosecution for the of fense, charge, or allegation.
Referred to Committee on Special Judiciary.
HB 662. By Representatives Smyre of the 92nd, Ware of the 77th, Benefield of the 72nd and others: A bill to amend Article 1 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions affecting the Department of Adminis trative Services, so as to provide for a program of insurance and self-insurance against liability for state authorities.
Referred to Committee on Insurance.
HR 98. By Representatives Robinson of the 58th, Watson of the 114th, Hamilton of the 124th and others:
A resolution creating the Joint Comprehensive Energy Resources Policy Committee. Referred to Committee on Rules.
HB 544. By Representatives Sinkfield of the 37th, Holmes of the 28th, Greer of the 39th and others: A bill to amend an Act providing for the number of members and for the election of members of the Board of Education of Fulton County, so as to change the provisions relating to the compensation of the members of the board.
Referred to Committee on Urban and County Affairs.
HB 754. By Representatives Bargeron of the 108th and Godbee of the 110th: A bill to amend an Act providing for a salary supplement to be paid from funds of Burke County to the superior court judges of the Augusta Judicial Circuit, so as to change the amount of such supplement.
Referred to Committee on Urban and County Affairs.
HB 756. By Representatives Bargeron of the 108th and Godbee of the 110th: A bill to amend an Act establishing the State Court of Burke County, formerly the City Court of Waynesboro, so as to change the terms of said court.
Referred to Committee on Urban and County Affairs.
HB 760. By Representative Royal of the 144th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the governing authority of the City of Doerun to issue bonds without a vote of the people to refund its

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present or any future bonded indebtedness legally incurred that may be or be come unpaid. Referred to Committee on Urban and County Affairs.
HB 761. By Representative Ware of the 77th: A bill to make provisions for the Magistrate Court of Heard County.
Referred to Committee on Urban and County Affairs.
HB 762. By Representatives Ramsey of the 155th and Smith of the 156th: 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 body of the City of Brunswick to levy an annual ad valorem tax upon the taxable real prop erty located in that district and area within said city described as "Downtown Brunswick" to be used in assisting and promoting the economic development of the central business district.
Referred to Committee on Urban and County Affairs.
HB 763. By Representative Ray of the 98th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the County Board of Educa tion of Peach County to borrow funds and pledge certain building funds to the payment thereof.
Referred to Committee on Urban and County Affairs.
HB 764. By Representative Ray of the 98th: 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 Education of Peach County to make grants for the purpose of educating or training certain handicapped citizens of Peach County.
Referred to Committee on Urban and County Affairs.
HB 765. By Representative Ray of the 98th: 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 Peach County to levy a tax not to exceed 1 mill for use by the Peach County Industrial Development Authority.
Referred to Committee on Urban and County Affairs.
HB 766. By Representatives Hays of the 1st, Snow of the 1st and Crawford of the 5th: A bill to amend an Act placing the coroner of Walker County on an annual sal ary, so as to change the provisions relating to the compensation of the coroner.
Referred to Committee on Urban and County Affairs.
HB 769. By Representative Smith of the 78th: A bill to create the office of county manager of Lamar County.
Referred to Committee on Urban and County Affairs.
HB 770. By Representatives Hanner of the 131st and Sizemore of the 136th: A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Lee County during designated registra-

TUESDAY, FEBRUARY 17, 1987

727

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 774. By Representatives Childs of the 53rd, Richardson of the 52nd, Alford of the 57th and others: A bill to amend an Act creating the State Court of DeKalb County, formerly known as the Civil and Criminal Court of DeKalb County, so as to add a judge to said court.
Referred to Committee on Urban and County Affairs.
HB 779. By Representative Heard of the 43rd: A bill to amend an Act abolishing the fee system of compensation for the clerk of the Superior Court of Fayette County, so as to change the provisions relative to the compensation of the clerk of the superior court.
Referred to Committee on Urban and County Affairs.
HB 780. By Representative Heard of the 43rd: A bill to amend an Act relating to the Magistrate Court of Fayette County, so as to provide that the magistrates of Fayette County shall be nominated and elected in the general nonpartisan primary and general nonpartisan election.
Referred to Committee on Urban and County Affairs.
HB 781. By Representative Heard of the 43rd: A bill to amend an Act creating the Board of Commissioners of Fayette County, so as to provide for an increase in the amount of compensation for the chairman of the Board of Commissioners of Fayette County and members of the Board of Commissioners of Fayette County.
Referred to Committee on Urban and County Affairs.
HB 782. By Representative Heard of the 43rd: A bill to amend an Act abolishing the fee system of compensation for the sheriff of Fayette County, so as to change the provisions relative to the compensation of the sheriff.
Referred to Committee on Urban and County Affairs.
HB 783. By Representative Heard of the 43rd: A bill to amend an Act abolishing the fee system of compensation for the judge of the Probate Court of Fayette County, so as to change the provisions relative to the compensation of the judge of the probate court.
Referred to Committee on Urban and County Affairs.
HB 784. By Representative Heard of the 43rd: A bill to amend an Act creating the office of tax commissioner of Fayette County, so as to change the provisions relative to the compensation of the tax commissioner.
Referred to Committee on Urban and County Affairs.
HB 785. By Representative Watts of the 41st: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the governing authority of

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Paulding County to enter into contracts and other agreements, including certain security deeds and notes, for any period not exceeding 30 years. Referred to Committee on Urban and County Affairs.
HB 786. By Representative Watts of the 41st: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the General Assembly to pro vide by law that the governing authority of Paulding County may establish and administer fire protection districts within the bounds of said county and levy taxes or special assessments therefor.
Referred to Committee on Urban and County Affairs.
HB 788. By Representative Watts of the 41st: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the City of Dallas Parking Authority.
Referred to Committee on Urban and County Affairs.
HB 789. By Representatives Thomas of the 69th, Simpson of the 70th and Shepard of the 71st: A bill to amend an Act establishing the State Court of Carroll County, so as to change the compensation of the judge, solicitor, and judge's secretary.
Referred to Committee on Urban and County Affairs.
The following reports of standing committees were read by the Secretary:
Mr. President:
The Committee on Agriculture has had under consideration the following bills and reso lution 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. SR 114. Do pass. HB 641. Do pass.
Respectfully submitted, Senator McGill of the 24th District, Chairman
Mr. President:
The Committee on Industry and Labor has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the follow ing recommendations:
SB 133. Do pass by substitute. SB 248. Do pass by substitute.
Respectfully submitted, Senator Dawkins of the 45th District, Chairman
Mr. President:
The Committee on Public Safety has had under consideration the following bills of the

TUESDAY, FEBRUARY 17, 1987

729

House and has instructed me to report the same back to the Senate with the following recommendations:

HB 131. Do pass.

HB 312. Do pass.

HB 294. Do pass.

HB 522. Do pass.

Respectfully submitted,

Senator Bowen of the 13th District, Chairman

Mr. President:

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

SB 314. Do pass.

HB 568. Do pass.

HB 79. Do pass by substitute.

HB 569. Do pass.

HB 545. Do pass.

HB 581. Do pass.

HB 546. Do pass.

HB 689. Do pass.

HB 554. Do pass.

HB 730. Do pass.

HB 567. Do pass.

Respectfully submitted,

Senator Turner of the 8th District, Chairman

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

SB 301. By Senator Hudgins of the 15th:
A bill to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedure for sentencing and imposition of punishment generally, so as to provide that any person under the age of 17 years who is con victed of a felony and sentenced as an adult to life imprisonment or to a certain term of imprisonment shall be committed to the Division of Youth Services of the Department of Human Resources to serve such sentence until such person is 18 years of age.

SB 311. By Senators Bryant of the 3rd, Echols of the 6th, Tolleson of the 32nd and others:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain per sons and vehicles, so as to provide, free of charge, special license plates for mem bers of the State Defense Force; to provide procedures; to provide for form of license plate; to prohibit the transfer of special license plates to other persons; to provide for rules and regulations.

HB 47. By Representative Ramsey of the 3rd:
A bill to amend Code Section 17-7-211 of the Official Code of Georgia Annotated, relating to the right of defendant to copies of written scientific reports which will be introduced in evidence, so as to provide that certain written scientific reports from the Georgia Bureau of Investigation shall be admissible as evidence of the truth of the test results.

HB 445. By Representative Beck of the 148th:
A bill to amend Code Section 32-6-28 of the Official Code of Georgia Annotated, relating to permits for excess weight and dimensions for motor vehicles, so as to

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authorize the Department of Transportation to issue permits for certain vehicles carrying boats; to provide for related matters.

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

Albert Allgood Baldwin Barker Barnes Brannon Broun of 46th Bryant Burton Coleman Crumbley Deal
Dean
Echols Edge

English Engram Fincher Foster Garner Gillis Harris Harnson Hudgins Huggins Kennedy Land
Langford
McGill McKenzie

Newbill Olmstead Peevy Perry fjav Scott of 2nd gcott of 36th 0, . fumake htarr Stumbaugh Tolleson
Turner
Tysinger Walker

Those not answering were Senators:

Bowen Brown of 47th Coverdell Dawkins

Hine Howard Kidd (excused) Phillips

Ragan Tate Timmons

Senator Walker of the 43rd introduced the chaplain of the day, Reverend H. F. Shep herd, pastor of the Greater Travelers Rest Baptist Church, Decatur, Georgia, who offered scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 139. By Senator Edge of the 28th: A resolution commending Miss Barbara Petzen.

SR 140. By Senator Brannon of the 51st: A resolution commending Dr. Benjamin Keith Looper.

SR 141. By Senator Brannon of the 51st: A resolution commending Mr. Jimmy Townsend.

SR 143. By Senator Hudgins of the 15th: A resolution commending Mr. Lonnie Jackson.

SR 146. By Senator Ray of the 19th:
A resolution congratulating Mr. and Mrs. Julian David Williams on the occasion of their fiftieth wedding anniversary.

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

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731

SENATE LOCAL CONSENT CALENDAR
Tuesday, February 17, 1987
TWENTY-FIFTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 314 Engram, 34th Fayette 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 Code Section 40-20-20.1 of the O.C.G.A.
*HB 79 Coleman, 1st Scott, 2nd Bryant, 3rd Chatham County Amends Act making provisions for Magistrate Court of county and abolishes Municipal Court of Savannah; changes certain procedures relative to ap pointment of additional magistrates. (SUBSTITUTE)
HB 545 Deal, 49th Hall County Provides for board of elections.
HB 546 Deal, 49th City of Gainesville Hall County Continues amendment authorizing creation of a Gainesville Redevelopment Authority; provides for powers and limitations and permits the issuance of certain bonds.
HB 554 Baldwin, 29th Heard County Amends Act consolidating offices and duties of tax receiver and tax collector of county into single office of tax commissioner; changes provisions relating to employment of part-time clerk.
HB 567 Baldwin, 29th Meriwether County Amends Act creating Board of Commissioners of county; repeals certain pro visions relating to compensation of chairman and members of Board of Com missioners.
HB 568 Baldwin, 29th Meriwether County Amends Act providing for compensation of chairman and members of Board of Commissioners of county; changes maximum compensation of chairman and members of Board of Commissioners.
HB 569 Ray, 19th Pulaski County Provides for appointment of school superintendent of county by Board of Education.

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HB 581 English, 21st Jefferson County
Provides for collection of additional costs in cases before the Magistrate Court of county as law library fees.
HB 689 Edge, 28th Spalding County
Amends Act creating Board of Commissioners of county; changes compensa tion of chairman and members of Board of Commissioners.
HB 730 Allgood, 22nd Albert, 23rd Richmond County
Creates Oak Ridge Water and Sewerage Authority.
The substitute to the following bill was put upon its adoption:
*HB 79:
The Senate Committee on Urban and County Affairs offered the following substitute to HB 79:
A BILL
To be entitled an Act to amend an Act making provisions for the Magistrate Court of Chatham County and abolishing the Municipal Court of Savannah, approved March 21, 1984 (Ga. L. 1984, p. 4422), as amended, particularly by an Act approved March 28, 1986 (Ga. L. 1986, p. 5527), so as to change certain procedures relative to the appointment of additional magistrates; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act making provisions for the Magistrate Court of Chatham County and abolishing the Municipal Court of Savannah, approved March 21, 1984 (Ga. L. 1984, p. 4422), as amended, particularly by an Act approved March 28, 1986 (Ga. L. 1986, p. 5527), is amended by striking subsection (c) of Section 3 and inserting in lieu thereof a new subsec tion (c) to read as follows:
"(c) Additional magistrates may be appointed by the chief magistrate. Such appoint ments must be confirmed by a majority vote of the judges of the superior court in Chatham County; however, if a confirmation vote is not taken by such judges within ten days of the day the name of an appointee is submitted to such judges, then such appointment shall be final without such confirmation. The chief judge of the superior court shall conduct such confirmation vote. In all other ways such appointments shall be made in accordance with the provisions of Chapter 10 of Title 15 of the O.C.G.A. The cases and other workload of the court shall be assigned to such additional magistrates by the chief magistrate. Any magis trate appointed under this subsection shall meet the qualifications of a magistrate as pro vided in Chapter 10 of Title 15 of the O.C.G.A."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 50, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to.

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733

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun of 46th Brown of 47th Bryant Burton Coleman Crumbley Deal Dean
Echols Edge

English Engram Fincher Foster Garner Gillis
Harris Harrison Hine Howard Hudgins Huggins Kennedy Land Langford McGill McKenzie

Newbill Olmstead Peevy Perry Phillips Ragan Ray Scott of 36th Starr Stumbaugh
Tate
Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Coverdell Dawkins

Kidd (excused) Scott of 2nd

Shumake

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

All the bills on the Senate Local Consent Calendar, except HB 79, having received the requisite constitutional majority, were passed.

HB 79, having received the requisite constitutional majority, was passed by substitute.

SENATE RULES CALENDAR
Tuesday, February 17, 1987
TWENTY-FIFTH LEGISLATIVE DAY
SB 264 Arson Investigators--provide witness fees for (PUB SAF--35th)
SB 229 Parental Notification Act--provide (SUBSTITUTE) (AMENDMENT) (S JUDY--22nd)
(Pursuant to SENATE Rule 143, final adoption of the substitute and considera tion of the bill was suspended until today.)
SB 197 Magistrates--change provisions on minimum salaries (SUBSTITUTE) (JUDY--49th)
SB 258 Griffin Judicial Circuit--additional judge of superior court (JUDY--34th)
SB 257 Motor Vehicle Dealer--certain acts unlawful (SUBSTITUTES) (AMEND MENT) (C AFF--22nd)
HB 82 Georgia Youth Conservation Corps--establish within Department of Natural Re sources (AMENDMENTS) (NAT R--42nd)
SB 247 Garnishment on Earnings Paid on Hourly or Weekly Basis--continuing garnish ment (I&L--52nd)

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JOURNAL OF THE SENATE

SB 274 Probate Court Judge, Certain Counties--eligibility requirements (GOV OP--33rd)
HB 304 Southern Judicial Circuit Superior Court Judges--compensation supplement (JUDY--8th)
HB 20 Economic Development Council--change membership (SUBSTITUTE) (ED&T--46th)
SB 282 Improperly Parked Vehicle in Certain Counties--change population provisions (U&CA G--2nd)
SB 230 Certain Criminal Laws--repeals not affect certain acts prior to effective date (JUDY--49th)
SB 191 Community Affairs Department--program of rural economic development (SUB STITUTE) (U&CA G--50th)
SB 275 Probate Courts, Certain Counties--expand jurisdiction (GOV OP--33rd)
HB 271 Brunswick Judicial Circuit--provide fourth judge of superior courts (JUDY--6th)
SB 286 Board of Medical Examiners--investigate certain licensee's fitness to practice medicine (HUM R--42nd)
HB 343 Magistrates--may carry pistols in public buildings (PUB SAF--28th)
HB 178 Local Government Audit Reports--provisions (U&CA G--27th)
SB 239 Embalmer or Funeral Director License--change provisions on apprentices (GOV OP--30th)
SB 171 Parking Lots Charging Fee--provide security (C AFF--15th)
SB 187 Workers' Compensation Board--appoint guardians for incapacitated (I&L--45th)
SB 260 Nursing Homes--circumstances for physician's assistant to sign death certificate (HUM R--30th)
HR 53 MARTOC--additional expenses (U&CA G--41st)
HB 310 Board for Certification of Librarians--change termination date and continue (H ED--54th)
SB 137 Emergency Notification Act--employers' report to Fire Departments on work place (SUBSTITUTE) (I&L--45th)
Respectfully submitted,
/s/ Nathan Dean Dean of the 31st, Chairman Senate Rules Committee
The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:
SB 264. By Senators Langford of the 35th, Engram of the 34th and Scott of the 36th:
A bill to amend Article 2 of Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to subpoenas and notice to produce evidence, so as to pro vide witness fees for arson investigators; 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:

TUESDAY, FEBRUARY 17, 1987

735

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Broun of 46th Brown of 47th Bryant Burton Coleman Crumbley Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Garner Gillis Harris Harrison Hine Howard Hudgins Huggins Kennedy Land Langford McGill McKenzie

Newbill Olmstead Peevy Perry Phillips Ragan Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Brannon Coverdell

Kidd (excused)

Shumake

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

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

The following general bill of the Senate, having been read the third time and final ac tion suspended on February 16, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage:

SB 229. By Senators Allgood of the 22nd, Kennedy of the 4th and Barnes of the 33rd:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile court proceedings, so as to grant juvenile courts jurisdiction over proceedings concerning notice to a parent or guardian relative to an unemancipated minor's decision to seek an abortion; to provide for a short title; to provide for definitions.

The substitute to SB 229 offered by Senator Allgood of the 22nd, and adopted as it appears in the Journal of February 16, was automatically reconsidered and put upon its adoption.

Senator Allgood of the 22nd offered the following amendment:

Amend the substitute to SB 229 offered by Senator Allgood of the 22nd by striking line 28 on page 2 in its entirety and substituting in lieu thereof the following:
"not been married or who is under the care,".

On the adoption of the amendment, the yeas were 43, nays 1, and the amendment was adopted.

On the adoption of the substitute, the yeas were 46, nays 1, 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.

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JOURNAL OF THE SENATE

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun of 46th BDBrroywannt, of 47th Burton Coleman
Coverdell Crumbley Dawkins Deal Dean

Echols Edge English Engram Fincher Foster Garner Gillis HoHaarrrnisson Hine Howard
Hudgins Huggins Kennedy Land Langford

McGill Newbill Olmstead Peevy Perry Phillips Raran ^ S0 co.t.t of, 2, nd, btarr Stumbaugh
^ ate Tolleson Turner Tysinger Walker

Voting in the negative were Senators Scott of the 36th and Shumake.

Those not voting were Senators:

Kidd (excused)

McKenzie

Timmons

On the passage of the bill, the yeas were 50, nays 2.

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

Senator Allgood of the 22nd moved that SB 229 be immediately transmitted to the House.

On the motion, the yeas were 45, nays 0; the motion prevailed, and SB 229 was immedi ately transmitted to the House.

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

SB 197. By Senator Deal of the 49th:
A bill to amend Code Section 15-10-23 of the Official Code of Georgia Annotated, relating to compensation of judges of the magistrate courts, so as to change pro visions relating to the minimum salaries of magistrates.

The Senate Committee on Judiciary offered the following substitute to SB 197:

A BILL
To be entitled an Act to amend Code Section 15-10-23 of the Official Code of Georgia Annotated, relating to compensation of judges of the magistrate courts, so as to change provisions relating to the minimum salaries of chief magistrates; to provide for 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. Code Section 15-10-23 of the Official Code of Georgia Annotated, relating to

TUESDAY, FEBRUARY 17, 1987

737

compensation of judges of the magistrate courts, is amended by striking subsection (a) and inserting in its place a new subsection (a) to read as follows:

"(a) Unless otherwise provided by local law, the chief magistrate of each county other than those counties where the probate judge serves as chief magistrate shall receive a mini mum annual salary of the amount fixed in the following schedule if the chief magistrate serves on a full-time basis:

Population

Minimum Salary

0 -- 5,999 ........... .................................... $ 13,228.00

6,000 -- 11,999 ................................................

16,528.00

12,000 -- 19,999 ................................................

18,634.00

20,000 -- 29,999 ................................................

19,844.00

30,000 -- 39,999 ................................................

21,494.00

40,000 -- 49,999 ................................................

23,696.00

50,000 -- 99,999 ................................................

28,111.00

100,000 -- 199,999

.................................

32,236.00

200,000 -- 299,999 ................................................

36,606.00

300,000 or more ...................................................

42,350.00

The minimum salary for each affected chief magistrate serving on a full-time basis shall be fixed from the above table according to the population of the county in which the chief magistrate serves as determined by the United States decennial census of 1980 or any future such census. The minimum salary for each chief magistrate who serves less than full time shall be fixed pro rata, according to the amount of time devoted to his or her duties, from the above table according to the population of the county in which such chief magistrate serves as determined by the United States decennial census of 1980 or any future such cen sus. The county governing authority may supplement the minimum annual salary of the chief magistrate in such amount as it may fix from time to time; but no chief magistrate's compensation or supplement shall be decreased during any term of office."

Section 2. This Act shall become effective on January 1, 1988.

Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Deal of the 49th moved that SB 197 be postponed until February 18.

On the motion, the yeas were 43, nays 0; the motion prevailed, and SB 197 was post poned until February 18.

SB 258. By Senator Engram of the 34th:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of judges of the superior courts, so as to add one addi tional judge of the superior courts of the Griffin Judicial Circuit; to provide for the appointment of the additional judge by the Governor; to provide for the elec tion of successors to the judge initially appointed.

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

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

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JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

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

Edge Engram Fincher Foster Garner Gillis Harris Harrison Hine Howard Hudgins Huggins Kennedy Land Langford McGill McKenzie

Newbill Olmstead Peevy Perry Phillips Ragan Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Tolleson Turner Tysinger Walker

Those not voting were Senators:

Dawkins English

Kidd (excused)

Timmons

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

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

SB 257. By Senator Allgood of the 22nd:
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 provide a definition; to declare certain acts and practices by a motor vehicle dealer in the conduct of retail consumer transactions to be unlawful.

The Senate Committee on Consumer Affairs offered the following substitute to SB 257:

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 provide a definition; to declare certain acts and practices by a motor vehicle dealer in the conduct of retail consumer transactions to be unlawful; to provide that certain acts re garding the failure to itemize individually certain charges, the addition of certain charges to advertised prices, and the failure to include certain information in advertisements are un lawful; 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 Code Section 10-1-393.1 and Code Section 10-1-394 a new Code Section 10-1-393.2 to read as follows:
"10-1-393.2. (a) As used in this Code section, the term 'motor vehicle dealer' or 'dealer' means any person, firm, or corporation which sells new or used motor vehicles to retail buyers.
(b) Unfair or deceptive acts or practices by a motor vehicle dealer in the conduct of retail consumer transactions are declared unlawful.

TUESDAY, FEBRUARY 17, 1987

739

(c) By way of illustration only and without limiting the scope of subsection (b) of this Code section, the following practices are declared unlawful:
(1) Adding any charges to the manufacturers suggested retail price of labor, materials, or other services unless the labor, materials, or services were in fact performed on the vehi cle and the labor, materials, or services and the corresponding charges therefor are individu ally itemized based upon standard rates of the dealer and set forth in a written statement furnished to the buyer prior to sale;
(2) Adding any charge to an advertised price of a motor vehicle; or
(3) Failing to include a dealer's stock number for each motor vehicle advertised by a dealer when the advertisement includes a sales price of such motor vehicle."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Senator Allgood of the 22nd offered the following amendment:
Amend the substitute to SB 257 offered by the Senate Committee on Consumer Affairs by inserting on line 10 of page 1 between "unlawful;" and "to" the following:
"to provide for applicability;".
By striking from line 21 of page 1 the following: "motor vehicles to retail buyers.",
and inserting in its place the following:
"motor vehicles."
By striking from line 23 of page 1 the following: "retail consumer",
and inserting in its place the following:
"consumer". By striking from line 2 of page 2 the following:
"of,
and inserting in its place the following: "for".
By inserting on line 7 of page 2 between "rates" and "of the following:
"and prices". By deleting the quotation mark at the end of line 15 of page 2 and by adding between lines 15 and 16 of page 2 the following: "(d) Nothing contained in this Code section shall be interpreted to limit the application of Code Section 10-1-393 to motor vehicle dealers.'"
Senator Allgood of the 22nd offered the following substitute to SB 257:
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 provide a definition; to declare certain acts and practices by a motor vehicle dealer in the conduct of retail consumer transactions to be unlawful; to provide that certain acts re garding the failure to itemize individually certain charges, the addition of certain charges to advertised prices, and the failure to include certain information in advertisements are un lawful; to provide for applicability; to repeal conflicting laws; and for other purposes.

740

JOURNAL OF THE SENATE

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 Code Section 10-1-393.1 and Code Section 10-1-394 a new Code Section 10-1-393.2 to read as follows:
"10-1-393.2. (a) As used in this Code section, the term 'motor vehicle dealer' or 'dealer' means any person, firm, or corporation which sells new or used motor vehicles.
(b) Unfair or deceptive acts or practices by a motor vehicle dealer in the conduct of consumer transactions are declared unlawful.
(c) By way of illustration only and without limiting the scope of subsection (b) of this Code section, the following practices are declared unlawful:
(1) Adding any charges to the manufacturers suggested retail price for labor, materials, or other services unless the labor, materials, or services were in fact performed on the vehi cle and the labor, materials, or services and the corresponding charges therefor are individu ally itemized based upon standard rates and prices of the dealer and set forth in a written statement furnished to the buyer prior to sale;
(2) Adding any charge to an advertised price of a motor vehicle; or
(3) Failing to include a dealer's stock number for each motor vehicle advertised by a dealer when the advertisement includes a sales price of such motor vehicle.
(d) Nothing contained in this Code section shall be interpreted to limit the application of Code Section 10-1-393 to motor vehicle dealers."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Senator Allgood of the 22nd moved that SB 257 be committed to the Senate Committee on Consumer Affairs.
On the motion, the yeas were 40, nays 0; the motion prevailed, and SB 257 was commit ted to the Senate Committee on Consumer Affairs.
HB 82. By Representatives Selman of the 32nd, Bishop of the 94th, Dover of the llth, Phillips of the 120th, Greene of the 130th 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 establishment of the Georgia Youth Conservation Corps within the Department of Natural Resources.
Senate Sponsor: Senator Howard of the 42nd.
Senator Hudgins of the 15th offered the following amendment:
Amend HB 82 by striking on page 5, line 30, Section 1 the following: "16"
and inserting in lieu thereof the following: "14".
By striking from page 6, line 6, Section 1 the following: "16 or"
and inserting in lieu thereof the following: "14 to".

TUESDAY, FEBRUARY 17, 1987

741

By striking on page 6, line 16, Section 1 the following: "(.)"

and inserting in lieu thereof the following: ",", and

By adding on line 16 the following: "provided that Chapter 2 of Title 39 shall not be applicable."

On the adoption of the amendment, the yeas were 38, nays 2, and the amendment was adopted.

Senator Hudgins of the 15th offered the following amendment:

Amend HB 82 by striking from Section 1 on line 9 of page 4 the following: "and".

By adding in Section 1 between lines 9 and 10 on page 4 the following:
"(11) Help eradicate fire ants; and".
By striking from Section 1 on line 10 of page 4 the following: "(11)",
and inserting in lieu thereof the following: "(12)".
By adding in Section 1 between lines 22 and 23 on page 8 the following:
"(g) The commissioner shall by contract or agreement with the Division of Youth Ser vices of the Department of Human Resources and other state agencies serving youth provide for youth served by such division or agencies to participate independently in projects of the Georgia Youth Conservation Corps. When participating independently in projects of the corps, such youth served by the division or other agencies shall be compensated in the same manner and from the same funds as corps members."

On the adoption of the amendment, the yeas were 34, nays 2, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

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

Deal Dean Echols Edge English Engram Fincher Foster Garner Gillis Harris Hine
Howard

Hudgins Huggins Kennedy Land Langford McGill McKenzie Olmstead Peevy Perry Phillips Ragan
Ray

742

JOURNAL OF THE SENATE

Scott of 2nd Scott of 36th Shumake Starr

Stumbaugh Tate Timmons Tolleson

Turner Tysinger Walker

Those not voting were Senators:

Brannon Coverdell

Harrison Kidd (excused)

Newbill

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

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

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

SB 247. By Senator Hine of the 52nd:
A bill to amend Article 6 of Chapter 4 of Title 18 of the Official Code of Georgia Annotated, relating to continuing garnishment proceedings, so as to provide that any garnishment proceeding against earnings of a defendant which are computed and paid on an hourly or weekly basis shall be conducted only as a continuing garnishment.

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

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

Those voting in the affirmative were Senators:

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

Edge English Engram Fincher Foster Garner Gillis Harris Hine Howard Hudgins Huggins Land Langf'ord McGill McKenzie Newbill

Olmstead Peevy Perry Phillips
Scott of 2nd Scott of 36th Shumake
Stumb, augh, late Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Brannon Harrison

Kennedy ( Kidd (exci

ding)

Ragan

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

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

TUESDAY, FEBRUARY 17, 1987

743

SB 274. By Senator Barnes of the 33rd: A bill to amend Code Section 15-9-4 of the Official Code of Georgia Annotated, relating to additional eligibility requirements for the office of judge of the pro bate court in certain counties, so as to change the eligibility requirements for the office of judge of the probate court in certain counties.
Senator Barnes of the 33rd offered the following substitute to SB 274:
A BILL
To be entitled an Act to amend Code Section 15-9-4 of the Official Code of Georgia Annotated, relating to additional eligibility requirements for the office of judge of the pro bate court in certain counties, so as to change the eligibility requirements for the office of judge of the probate court in certain counties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 15-9-4 of the Official Code of Georgia Annotated, relating to additional eligibility requirements for the office of judge of the probate court in certain counties, is amended by adding at the end thereof a new subsection (d) to read as follows:
"(d) In any county of this state having a population of more than 150,000 persons ac cording to the United States decennial census of 1980 or any future such census and in which the probate court of such county meets the definition of a probate court as provided by Article 6 of this chapter, 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 has been admitted to practice law for seven years preceding his election."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Senator Scott of the 2nd offered the following amendment:
Amend the substitute to SB 274 offered by Senator Barnes of the 33rd by striking the word "seven" on page 1, line 23 and inserting the word "five".
On the adoption of the amendment, the yeas were 30, nays 0, and the amendment was adopted.
On the adoption of the substitute, the yeas were 37, nays 0, and the substitute was adopted as amended.
Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced that, pursuant to Senate Rule 143, consideration of the substitute and the bill will be sus pended and placed on the Senate General Calendar.
HB 304. By Representative Reaves of the 147th: A bill to amend an Act providing for a supplement to the compensation of the judges of the Superior Courts of the Southern Judicial Circuit, so as to increase the supplement to the compensation of the judges of the Superior Courts of the Southern Judicial Circuit and to provide for the payment of such supplement in specified amounts by the counties comprising the Southern Judicial Circuit.
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:

744

JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bowen Brown of 47th Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols Edge

Engram Fincher Foster Garner Gillis Harris Harrison Howard Hudgins Huggins Land Langford McGill McKenzie Newbill Olmstead

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

Those not voting were Senators:

Barnes Brannon Broun of 46th

English Hine

Kennedy (presiding) Kidd (excused)

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

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

HB 20. By Representatives Thomas of the 69th, Chambless of the 133rd and Waldrep of the 80th:
A bill to amend Code Section 10-8-1 of the Official Code of Georgia Annotated, relating to the creation and composition of the Economic Development Council, so as to change the membership of the Economic Development Council; to pro vide that it shall be the duty of the Governor to designate a member to represent the Business Council of Georgia, Inc.
Senate Sponsor: Senator Broun of the 46th.

The Senate Committee on Economic Development and Tourism offered the following substitute to HB 20:

A BILL
To be entitled an Act to repeal Chapter 8 of Title 10 of the Official Code of Georgia Annotated, relating to the Economic Development Council; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 8 of Title 10 of the Official Code of Georgia Annotated, relating to the Economic Development Council, is repealed in its entirety.
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, Senator Kennedy of the 4th, President Pro Tempore, who was presiding, ordered a roll call, and the vote was as follows:

TUESDAY, FEBRUARY 17, 1987

745

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes
Bowen Brannon
Broun of 46th BBrrovwannt of 47th B U rton Coleman Coverdell Crumbley Dawkins Deal Echols

Edge English Engram Fincher Foster
Garner GilHs
Harrig ,,Harn.son Howard Huggins Land Langford McGill McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan
Scott of 2nd Scott of 36th
Shumake S,,,tarr Stumbaugh Tate Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Dean Hine

Hudgins Kennedy (presiding)

Kidd (excused) Ray

On the adoption of the substitute, the yeas were 49, 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 Brraonunnoonf, 4_6t,h BBrroywannt of 47th g urton Coleman Coverdell
Crumbley Dawkins Deal

Dean Edge Engram Fincher Foster
Garner Gillis
,H, arnson Howard Huggins Langford McGill Newbill Olmstead

Peevy Perry Phillips Ragan Ray
Scott of 2nd Scott of 36th
bcutarr Stumbaugh Tate Tolleson Turner Tysinger Walker

Those not voting were Senators:

Echols English Hine

Hudgins Kennedy (presiding) Kidd (excused)

Land McKenzie Timmons

746

JOURNAL OF THE SENATE

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

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

SB 282. By Senators Scott of the 2nd and Coleman of the 1st:
A bill to amend Chapter 1 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions affecting property, so as to change population pro visions concerning restrictions upon certain municipalities in the removal of im properly parked vehicles; to provide an effective date.

Senator Scott of the 2nd moved that SB 282 be postponed until February 18.

On the motion, the yeas were 32, nays 0; the motion prevailed, and SB 282 was post poned until February 18.

SB 230. By Senators Deal of the 49th and Hine of the 52nd:
A bill to amend Chapter 1 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions relative to crimes and offenses, so as to provide for a statement of intent and purpose; to provide that the repeal, repeal and reenactment, or amendment of certain criminal laws shall not affect or abate the status as a crime of criminal acts or omissions which occurred prior to the effective date of the Act repealing, repealing and reenacting, or amending such law.

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

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

Those voting in the affirmative were Senators:

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

Edge English Engram Fincher Foster Gillis Harris Harrison Hine Howard Hudgins Huggins Land Langford McGill McKenzie

Newbill Olmstead Peevy Perry Phillips Ragan Ray Scott of 2nd Scott of 36th Shumake Stumbaugh Tate Tolleson Turner Tysinger Walker

Those not voting were Senators:

Brannon Garner

Kennedy (presiding) Kidd (excused)

Starr Timmons

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

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

TUESDAY, FEBRUARY 17, 1987

747

SB 191. By Senators Foster of the 50th, Coverdell of the 40th, Deal of the 49th and others:
A bill to amend Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs and area planning and devel opment commissions, so as to provide for a program of rural economic development.
The Senate Committee on Urban and County Affairs offered the following substitute to SB 191:
A BILL
To be entitled an Act to amend Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs and area planning and devel opment commissions, so as to provide for a program of rural economic development; to pro vide for matters relative thereto; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs and area planning and development commissions, is amended by adding at the end thereof a new Article 5 to read as follows:
"ARTICLE 5
50-8-120. This article shall be known and may be cited as the 'Rural Economic Develop ment Law.'
50-8-121. Each area planning and development commission of this state, except the metropolitan area planning and development commission provided for in Article 4 of this chapter, shall constitute a rural economic development area for the purposes of this article.
50-8-122. (a) The area planning and development commission of each rural economic development area provided for in Code Section 50-8-121 may conduct a study for proposed major economic development projects within its respective rural economic development area. The study shall utilize the most recent economic information available.
(b) The proposed economic development projects must have a major impact on the economy of the area and particularly on the counties within each such area which have a per capita income of less than 70 percent of the United States average or a level of unemploy ment which is 35 percent or more higher than the state average.
(c) Funds for studies provided for in this Code section shall come from funds appropri ated to the Department of Community Affairs specifically for such purpose. The depart ment, in consultation with state agencies, local governments, area planning and develop ment commissions, local development organizations, and others, shall establish guidelines for the distribution of funds to carry out the studies provided for in this Code section and shall establish guidelines for the preparation of economic development project studies. Such guidelines shall be approved by the Board of Community Affairs.
50-8-123. (a) Each rural economic development area may submit to the Department of Community Affairs proposed economic development projects by January 1, 1989. All pro posed projects shall be endorsed by the appropriate local government and shall be evaluated for funding based upon rating and selection criteria prepared by the department in consul tation with state agencies, local governments, area planning and development commissions, local development organizations, and others. Such criteria shall be approved by the Board of Community Affairs.
(b) The department shall be authorized to expend funds available to the department under subsection (c) of this Code section to assist in the implementation of projects ap proved under the procedures outlined in this Code section. In carrying out the intent of this Code section, the Department of Community Affairs, state agencies, area planning and de-

748

JOURNAL OF THE SENATE

velopment commissions, local governments, local development organizations, and other agencies or organizations receiving funding from the department are authorized to incorpo rate other public or private funds into project budgets needed to assure the feasibility of proposed economic development projects authorized under this article.
(c) The funds necessary to carry out the provisions of this Code section shall come from funds appropriated to the Department of Community Affairs specifically for such purpose."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes B<>wen
B/annon Aa , BRBr1o0wannt off ^47uth Burton Coleman Coverdell Crumbley Dawkins Deal Dean

Echols Edge English Fincher Foster Garner
Gillis HuHaarrrnisson Hlne Howard Hudgins Land Langford McGill Newbill

Olmstead Peevy Perry Phillips Ragan Ray
Scott of 2nd SScuhcoutmt aokife36th Sta " Stumbaugh Tate Tolleson Turner Tysinger Walker

Those not voting were Senators:

Engram Huggins

Kennedy (presiding) Kidd (excused)

McKenzie Timmons

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

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

SB 275. By Senator Barnes of the 33rd:
A bill to amend Article 6 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to practice and procedure in the probate courts of certain counties, so as to expand the jurisdiction of the probate courts of certain counties to include concurrent jurisdiction with the superior courts over certain matters.

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

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

TUESDAY, FEBRUARY 17, 1987

749

Those voting in the affirmative were Senators:

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

Echols Edge English Engram Fincher Foster Garner Gillis Harris
Harrison Howard Huggins Land McGill Newbill
Olmstead

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

Those not voting were Senators:

Coleman Hine Hudgins

Kennedy (presiding) Kidd (excused)

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 271. By Representatives Byrd of the 153rd, Smith of the 152nd, Dixon of the 151st, Moody of the 153rd and Smith of the 156th:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to numbers of judges of superior courts, so as to provide for a fourth judge of the superior courts of the Brunswick Judicial Circuit of Georgia; to pro vide for the appointment of the first such additional judge by the Governor.
Senate Sponsor: Senator Echols 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 was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Bowen Brannon
Broun of 46th Brown of 47th Bryant Burton Crumbley Dawkins Deal Dean

Echols Edge English Engram Fincher Foster Garner Gillis Harris Hine
Howard Hudgins Huggins

Land McGill Newbill Olmstead Peevy Perry Phillips Ragan Ray Scott of 2nd Scott of 36th Shumake Starr

750

JOURNAL OF THE SENATE

Stumbaugh Tate

Tolleson Turner

Tysinger Walker

Those not voting were Senators:

Barker Barnes Coleman Coverdell

Harrison Kennedy (presiding) Kidd (excused)

Langford McKenzie Timrnons

On the passage of the bill, the yeas were 45, 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 208. By Senator Turner of the 8th:
A bill to amend Chapter 3 of Title 1 of the Official Code of Georgia Annotated, relating to laws and statutes, so as to change a definition; to amend Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, so as to delete certain provisions relating to the exercise of jurisdiction of the judge of the probate court in county matters; to continue the jurisdiction of the judge of the probate court in certain matters.

The House amendment was as follows:

Amend SB 208 by deleting on page 5, lines 22 and 23, the following: ", other than the Governor,".

Senator Turner of the 8th moved that the Senate agree to the House amendment to SB 208.

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Bowen Brannon Broun of 46th Brown of 47th Bryant Burton Coverdell Crumbley Dawkins Deal Dean Echols

Edge Engram Fincher Foster Garner Harris Howard Hudgins Huggins Land McGill McKenzie Newbill Olmstead

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

Those not voting were Senators:

Barker Barnes

Coleman English

Gillis Harrison

TUESDAY, FEBRUARY 17, 1987

751

Hine Kennedy (presiding)

Kidd (excused) Langford

Ragan Timmons

On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 208.

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

SB 286. By Senator Howard of the 42nd:
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.

Senators Hine of the 52nd and Howard of the 42nd offered the following amendment:

Amend SB 286 by adding a new sentence after line 23 to read as follows:
"Every licensee shall notify the board of any settlement involving the licensee and re lating to the practice of medicine in excess of ten thousand ($10,000) dollars."

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 Bowen
oBrroawnnnnoff 4,,7thu
nBCoruylret.omnan Coverdell Crumbley Dawkins Deal Dean Echols

Edge English Engram Fincher Foster Garner
GHialrlirsig
.H..alnrerison Huggms Land Langford McGill McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan Ray
Sgccootttt ooff 23n6dth
,,SShtaurmr ake Stumbaugh Tate Tolleson Turner Tysinger Walker

Those not voting were Senators:

Broun of 46th Howard

Hudgins Kennedy (presiding)

Kidd (excused) Timmons

752

JOURNAL OF THE SENATE

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

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

HB 343. By Representative Colbert of the 23rd:
A bill to amend Code Section 16-11-127 of the Official Code of Georgia Anno tated, relating to the prohibition against carrying deadly weapons to public gath erings, so as to provide that magistrates may carry pistols in publicly owned or operated buildings.
Senate Sponsor: Senator Edge of the 28th.

Senator Edge of the 28th offered the following amendment:

Amend HB 343 by adding the following language to subsection (c), line 18, following "magistrates" as follows: "solicitors,".

On the adoption of the amendment, the yeas were 34, nays 0, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

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

Dean Echols Edge English Fincher Foster Garner Gillis Harris
Hine
Hudgins Land
Langford McKenzie

Newbill Olmstead Peevy Perry p him R "aga TM*y , Shumake
Stumbaugh
Tate Timmons
Turner Tysinger

Those voting in the negative were Senators:

Barnes Howard

McGill Scott of 36th

Starr

Those not voting were Senators:

Coleman Engram Harrison

Huggins Kennedy (presiding) Kidd (excused)

Scott of 2nd Tolleson Walker

TUESDAY, FEBRUARY 17, 1987

753

On the passage of the bill, the yeas were 41, nays 5.

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

HB 178. By Representatives Adams of the 79th, Holmes of the 28th, Adams of the 36th, Royal of the 144th, Milam of the 81st and others:
A bill to amend Code Section 36-81-7 of the Official Code of Georgia Annotated, relating to local government audit reports, so as to provide for alternative finan cial reports for certain local governments; to provide for assistance relating to such reports and provide for fees.
Senate Sponsor: Senator Harris of the 27th.

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

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

Those voting in the affirmative were Senators:

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

Deal Dean
Edge English Fincher Foster Garner Gillis Harris Howard Hudgins Huggins Land Langford

McGill Olmstead Peevy Phillips Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Timmons Turner Tysinger

Those not voting were Senators:

Echols Engram Harrison Hine

Kennedy (presiding) Kidd (excused) McKenzie Newbill

Perry Ragan Tolleson Walker

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

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

SB 239. By Senator Garner of the 30th:
A bill to amend Code Section 43-18-41 of the Official Code of Georgia Annotated, relating to qualifications of applicants for a license as either an embalmer or a funeral director, so as to change certain provisions relating to apprentices; to pro vide for the termination of certain apprenticeships.

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

754

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 Brannon
Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell Crumbley Dawkins

Deal Dean Echols Edge Fincher Foster Garner Gillis Harris Hine Howard Hudgins Land Langford Newbill

Olmstead Peevy Perry Phillips
Ragan Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Timmons Turner Tysinger

Those not voting were Senators:

English Engrain Harrison Huggins

Kennedy (presiding) Kidd (excused) McGill

McKenzie Tolleson Walker

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

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

SB 171. By Senator Hudgins of the 15th:
A bill to amend Article 3 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to bailments, so as to change certain provisions relating to the diligence required of a garage owner; to provide that the owner or operator of a garage or parking lot which charges a fee for the parking of motor vehicles shall be required to provide security; to provide for liability for failure to provide security.

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

On the passage of the 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 Coleman

Coverdell Crumbley Dawkins Deal Dean Echols Edge English Fincher Foster Garner

Gillis Harris Howard Hudgins Huggins Land Langford McGill McKenzie Newbill Olmstead

TUESDAY, FEBRUARY 17, 1987

755

Peevy Perry Phillips Ragan Ray

Scott of 2nd Scott of 36th Shumake Starr

Stumbaugh Tate Turner Tysinger

Those not voting were Senators:

Bowen Engram Harrison

Hine Kennedy (presiding) Kidd (excused)

Timmons Tolleson Walker

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

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

SB 187. By Senator Dawkins of the 45th:
A bill to amend Chapter 5 of Title 29 of the Official Code of Georgia Annotated, relating to guardians of incapacitated adults, so as to authorize the State Board of Workers' Compensation to appoint guardians for certain incapacitated adults who are entitled to workers' compensation benefits where there is no duly ap pointed and qualified guardian for such incapacitated adult; to provide for limi tations on the authority of such guardians.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barries Bowen Brannon Brown of 47th Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean

Edge English Engram Fincher Foster Garner Gillis Harris Harrison Hine Howard Hudgins Huggins Land Langford McGill

Newbill Olmstead Peevy Perry Phillips Ragan Ray Scott of 36th Shumake Starr Stumbaugh Tate Tolleson Turner Tysinger Walker

Those not voting were Senators:

Broun of 46th Echols Kennedy (presiding)

Kidd (excused) McKenzie

Scott of 2nd Timmons

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

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

756

JOURNAL OF THE SENATE

SB 260. By Senators Garner of the 30th, Engram of the 34th and Hine of the 52nd:
A bill to amend Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, so as to authorize a physician's assistant to sign a death certificate under certain circumstances with respect to a patient in a long-term care facility or hospice; to provide that certain provisions of law concerning crite ria for determining death and immunity from liability shall apply to a physician's assistant.

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

On the passage of the 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
R Broun fof Brown of 47th Bryant Coleman Coverdell Crumbley Dawkins Deal

Dean Echols Engram Fincher
Foster Garner ..Gillis " arm Harnson Hine Langford McGill Newbill Olmstead

Peevy Perry Phillips Ray
Scott of 2nd Scott of 36th S_, humake farr u u Stumbaugh Tate Tolleson Turner Tysinger Walker

Voting in the negative was Senator Burton.

Those not voting were Senators:

Edge English Howard Hudgins

Huggins Kennedy (presiding) Kidd (excused) Land

McKenzie Ragan Timmons

On the passage of the bill, the yeas were 43, nays 1.

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

HR 53. By Representatives Robinson of the 58th, Greer of the 39th and Adams of the 36th:
A resolution to amend a resolution creating the Metropolitan Atlanta Rapid Transit Overview Committee so as to conform certain committee designations to existing designations; to provide for the payment of certain additional expenses and for other purposes.
Senate Sponsor: Senator Tysinger of the 41st.

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:

TUESDAY, FEBRUARY 17, 1987

757

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Brannon Broun of 46th Brown of 47th Bryant Burton Coleman Crumbley Dawkins Deal Dean Echols

English Engram Fincher Foster Garner Gillis Harris Hine Huggins Land Langford McGill McKenzie Olmstead

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

Those not voting were Senators:

Albert Bowen Coverdell Edge

Harrison Howard Hudgins Kennedy (presiding)

Kidd (excused) Newbill Shumake Tolleson

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

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

HB 310. By Representative Ramsey of the 3rd:
A bill to amend Chapter 24 of Title 43 of the Official Code of Georgia Annotated, relating to libraries, so as to change the termination date of and to continue the State Board for the Certification of Librarians and the laws relating thereto.
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:

Allgood Baldwin Barker Bowen Broun of 46th Brown of 47th

English Engram Fincher Foster Gillis Harris

BCoulretomnan
Crumbley Dawkins Deal Dean Echols Edge

HLaungdgms
Langford McGill McKenzie Newbill Olmstead Peevy

Perry Phillips Ragan Ray Scott of 2nd Scott of 36th
S.-, tSuhmumb, aakuegh,
l ate Timmons Tolleson Turner Tysinger Walker

758

JOURNAL OF THE SENATE

Those not voting were Senators:

Albert Barnes Brannon Coverdell

Garner Harrison Hine Hudgins

Kennedy (presiding) Kidd (excused) Starr

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

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

SB 137. By Senators Dawkins of the 45th, Peevy of the 48th, Bowen of the 13th and Burton of the 5th:
A bill to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to require certain employers to provide ad ministrators of fire departments and firefighters with certain information relative to the workplaces of the employers; to provide for additional notifications; to provide a short title; to provide definitions.

The Senate Committee on Industry and Labor offered the following substitute to SB 137:

A BILL
To be entitled an Act to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to require employers to provide certain infor mation about the employers' workplaces to the fire departments which have responsibility for fire prevention and control; to provide for additional notifications; to provide a short title; to provide definitions; to provide for documents and their confidentiality; to provide for practices and procedures; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, is amended by adding at the end thereof a new Chapter 14 to read as follows:
"CHAPTER 14
34-14-1. This chapter shall be known and may be cited as the 'Emergency Notification Act.'
34-14-2. As used in this chapter, the term:
(1) 'Administrator of a fire department' means a fire chief, an administrator, or designee of such person, which may be the sheriff in units of local government where there is an unmanned fire department.
(2) 'Employer' means any individual, partnership, corporation, association, the state, or any political subdivision of the state which employs in the state 20 or more employees or five or more full-time employees. The term 'employer' does not include an employer of do mestic workers or casual laborers employed at a place of residence. Where the employees are present at the workplace of another employer, pursuant to an agreement between the em ployers, 'employer' means the employer having control of any toxic substances in the workplace.
(3) 'Toxic substance' means any substance, mixture, or compound containing a sub stance which is listed in:
(A) The Code of Federal Regulations, 29 C.F.R. 1910.1000 through 29 C.F.R. 1910.1500, inclusive; or

TUESDAY, FEBRUARY 17, 1987

759

(B) The United States Department of Health and Human Services, Public Health Ser vice National Toxicology Program, Second Annual Report on Carcinogens--December, 1981, and its periodic updates.
(4) 'Workplace' means an employer's usual place of business containing one or more work areas.
34-14-3. (a) Each fire department having responsibility for fire prevention and control in a unit of local government shall provide employers with workplaces within such unit of local government a listing of toxic substances specified in paragraph (3) of Code Section 3414-2. Employers which use, produce, or store toxic substances shall, at the request of the fire department, arrange the necessary familiarization for the firefighters employed by such fire department with the hazards of toxic substances used in the workplace of the employer, associated h're hazards, the layout of the workplace, places where employees of the employer are regularly stationed during the course of their work, entrances to roads inside the work place, and possible evacuation roads.
(b) Where any employer refuses to enter into an arrangement specified in subsection (a) of this Code section, the administrator of a fire department shall have a duty to document such refusal.
(c) Information provided by the employer under subsection (a) of this Code section shall be confidential. The administrator shall maintain and, upon request, shall make availa ble copies of this information only to a fire department, fire department employees, or an authorized representative of a fire department employee."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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

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

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

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Bowen Brannon Broun of 46th Brown of 47th Bryant Burton Coleman Crumbley Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Garner Gillis Harris Harrison Hine Howard Huggins Land Langford McGill McKenzie Newbill

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

Those not voting were Senators:

Albert Coverdell

Hudgins Kennedy (presiding)

Kidd (excused) Shumake

760

JOURNAL OF THE SENATE

On the passage of the bill, the yeas were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
Serving as doctor of the day today was Dr. H. C. Weems of Perry, Georgia.
Senator Allgood of the 22nd moved that the Senate do now adjourn until 9:30 o'clock A.M. tomorrow, and the motion prevailed.
At 12:00 o'clock Noon, Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

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761

Senate Chamber, Atlanta, Georgia Wednesday, February 18, 1987 Twenty-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 Barker of the 18th reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House and Senate:
HB 643. By Representative Thompson of the 20th: 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 644. By Representative Thompson of the 20th: A bill to amend an Act creating the Cobb Judicial Circuit, so as to change the county supplement for the district attorney.
HB 732. By Representative Pittman of the 60th: A bill to amend an Act creating a new charter for the City of Duluth, so as to provide a new charter for the City of Duluth.
HB 802. By Representatives Ramsey of the 155th and Smith of the 156th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing that for the purposes of all ad valorem taxation for Glynn County and the Glynn County school district the assessed value of the homestead of each resident of such county or school district who is sixty-two years of age or over or who is disabled shall not be increased.
HB 803. By Representatives Bannister of the 62nd, Wall of the 61st, Pittman of the 60th, Barnett of the 59th, Goodwin of the 63rd and others: A bill to amend an Act creating the Recorder's Court of Gwinnett County, so as to provide for an additional judge for such court.
HB 805. By Representatives Buck of the 95th, Smyre of the 92nd, Robinson of the 96th, Galer of the 97th, Bishop of the 94th and others: A bill to amend an Act establishing the State Court of Muscogee County, so as to create an additional judge for said court.
HB 806. By Representatives Buck of the 95th, Smyre of the 92nd, Robinson of the 96th, Galer of the 97th, Bishop of the 94th and others: A bill to amend an Act providing that the judge of the Municipal Court of Co lumbus and Muscogee County shall serve as the chief magistrate of the Magis-

762

JOURNAL OF THE SENATE

trate Court of Muscogee County, so as to change the compensation provisions relating to the chief magistrate.
HB 808. By Representative Moore of the 139th:
A bill to amend an Act relating to the board of commissioners of Coffee County, so as to provide for the provision by Coffee County of health insurance benefits for members of the board of commissioners and elected county officers and their employees.
SB 86. By Senators Langford of the 35th, Coverdell of the 40th and Scott of the 36th:
A bill to amend Chapter 3 of Title 31 of the Official Code of Georgia Annotated, relating to county boards of health, so as to authorize the creation of a county board of health by ordinance in all counties of this state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census.
HB 342. By Representative Groover of the 99th:
A bill to amend Code Section 34-9-1 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to provide that elected members of the county governing authority are included in the definition of employee.
HB 726. By Representatives Lawson of the 9th, Williams of the 48th and Colbert of the 23rd:
A bill to amend Code Section 33-34-2 of the Official Code of Georgia Annotated, relating to definitions of terms used in the "Georgia Motor Vehicle Accident Reparations Act", so as to redefine what shall be considered as the operation, maintenance, or use of a motor vehicle.
HB 462. By Representatives Milam of the 81st, Ware of the 77th, Bostick of the 138th, Rainey of the 135th, Richardson of the 52nd 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 258. By Representative Richardson of the 52nd:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to revise comprehensively the laws relating to speech pathologists and audiologists.
HB 661. By Representatives Chambless of the 133rd and Connell of the 87th:
A bill to amend Code Section 45-7-21 of the Official Code of Georgia Annotated, relating to expense allowance and travel cost reimbursement for members of cer tain boards and commissions, so as to provide for a uniform daily expense allow ance, transportation or mileage allowance, and registration fee remuneration for certain members of boards, commissions, agencies, and similar bodies which re ceive state funds therefor.
HB 678. By Representative Watson of the 114th:
A bill to amend Article 4 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to fraud and related offenses, so as to define credit repair services organization and other terms; to provide for the offense of operating a credit repair services organization.

WEDNESDAY, FEBRUARY 18, 1987

763

HB 402. By Representatives Wood of the 9th, Ray of the 98th, Branch of the 137th, McKelvey of the 15th, Bailey of the 72nd and others:
A bill to amend Code Section 38-2-279 of the Official Code of Georgia Annotated, relating to the rights of public officers and employees absent on military duty as members of the organized militia or reserve forces, so as to change the provisions relative to the pay of public officers and employees while engaged in the perform ance of ordered military duty.
SB 144. By Senators Garner of the 30th and Brannon of the 51st:
A bill to amend Code Section 42-8-36 of the Official Code of Georgia Annotated, relating to the duty of a probationer to inform probation supervisor of residence and whereabouts, so as to change the provisions relating to the tolling of the sentence when the probationer is in violation of the terms and conditions of pro bation; to provide that any officer authorized by law to issue warrants may return the warrant for the absconded probationer showing non est inventus.
The House has adopted by the requisite constitutional majority the following resolution of the House:
HR 146. By Representatives Wilson of the 20th, Murphy of the 18th, Thompson of the 20th, Lawler of the 20th, Cooper of the 20th and others:
A resolution designating the A. L. "Al" Burruss Correctional Training Center.
The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate:
SB 130. By Senator Deal of the 49th:
A bill to amend Part 3 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Lake Lanier Islands Development Authority, so as to provide additional authorization for the adoption and enforcement of reasonable ordinances by the authority; to provide additional authorization for the appointment of security officers.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate:
SB 101. By Senator Barnes of the 33rd:
A bill to amend Chapter 1 of Title 41 of the Official Code of Georgia Annotated, relating to nuisances in general, so as to provide that no publicly owned cultural facility shall become a nuisance, either public or private, as a result of changed conditions in or around the locality of such cultural facility, if such cultural facil ity has been in use for one year or more.
SB 80. By Senator Hine of the 52nd:
A bill to amend Part 11 of Article 1 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to costs to financial institutions on judicial process, so as to provide for the reimbursement of costs incurred by financial institutions in complying with requests for the production of documents when the financial institution is not a party to the proceedings.

764

JOURNAL OF THE SENATE

The following bills and resolution of the Senate were introduced, read the first time and referred to committees:
SB 340. By Senator Peevy of the 48th:
A bill to amend Code Section 44-14-364 of the Official Code of Georgia Anno tated, relating to the release of a mechanic's lien or a materialman's lien on the filing of bond, so as to provide that bond shall be in the amount claimed under the lien if such lien amount is $1,500.00 or less. Referred to Committee on Industry and Labor.
SB 341. By Senator Gillis of the 20th:
A bill to amend an Act providing a new charter for the City of Soperton, as amended, so as to change the contempt punishments which may be imposed by the municipal court, formerly the recorder's court, of the city. Referred to Committee on Urban and County Affairs.
SB 342. By Senator Barnes of the 33rd: A bill to amend Code Section 31-7-71 of the Official Code of Georgia Annotated, relating to definitions in the "Hospital Authorities Law," so as to include in the definition of "project" insurance of every type and description; to provide an ef fective date.
Referred to Committee on Human Resources.
SB 343. 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 provide for the admissibility of evidence concerning correction and retraction in an action based on alleged defamatory statements in a visual or sound broadcast; to provide for the effect thereof on damages in such actions; to provide an effective date. Referred to Committee on Special Judiciary.
SB 344. 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 generally, so as to change the provisions relating to commemoration of the founding of Savannah State College and the issuance and expiration of special license plates connected therewith. Referred to Committee on Transportation.
SB 345. By Senators Hine of the 52nd, Garner of the 30th, Howard of the 42nd and others:
A bill to amend Chapter 7 of Title 28 of the Official Code of Georgia Annotated, relating to lobbying and registered agents, so as to prohibit registered agents from using the name of the person or the name of any member of the firm, cor poration, association, or organization whom such registered agent represents in any written correspondence to any member of the General Assembly without cer tain express, written authorization. Referred to Committee on Governmental Operations.
SB 346. By Senators Deal of the 49th and Barnes of the 33rd:
A bill to amend Article 3 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to the selection of jurors, so as to change the provisions relat-

WEDNESDAY, FEBRUARY 18, 1987

765

ing to jury lists; to provide that the names of all registered voters shall be placed on the jury list of the county. Referred to Committee on Judiciary.
SB 347. By Senator Deal of the 49th:
A bill to amend Code Section 9-11-56 of the Official Code of Georgia Annotated, relating to summary judgment, so as to provide that in summary judgment pro ceedings the sole affidavit of the defendant for the purpose of establishing the parameters of acceptable professional conduct, a significant deviation from which would constitute malpractice, shall not constitute a sufficient basis upon which the court may grant summary judgment on behalf of the defendant. Referred to Committee on Judiciary.
SB 348. By Senators Deal of the 49th and Barnes of the 33rd:
A bill to amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of physicians, osteopaths, and orthotists, so as to change comprehensively the provisions relating to the regulation of physicians, osteopaths, orthotists, and related matters; to provide that the Composite State Board of Medical Examiners shall be independent of the joint-secretary of the state examining boards. Referred to Committee on Human Resources.
SR 147. By Senators Tysinger of the 41st, Scott of the 2nd, Brown of the 47th and others:
A resolution creating the Capitol Hill Master Plan Commission to prepare a de velopment plan for state-owned property in the Capitol Hill area and to plan for the future needs of state government. Referred to Committee on Governmental Operations.
The following bills and resolution of the House were read the first time and referred to committees:
HB 258. By Representative Richardson of the 52nd:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to revise comprehensively the laws relating to speech pathologists and audiologists. Referred to Committee on Human Resources.
HB 342. By Representative Groover of the 99th:
A bill to amend Code Section 34-9-1 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to provide that elected members of the county governing authority are included in the definition of employee. Referred to Committee on Industry and Labor.
HB 402. By Representatives Wood of the 9th, Ray of the 98th, Branch of the 137th and others:
A bill to amend Code Section 38-2-279 of the Official Code of Georgia Annotated, relating to the rights of public officers and employees absent on military duty as members of the organized militia or reserve forces, so as to change the provisions relative to the pay of public officers and employees while engaged in the perform ance of ordered military duty. Referred to Committee on Defense and Veterans Affairs.

766

JOURNAL OF THE SENATE

HB 462. By Representatives Milam of the 81st, Ware of the 77th, Bostick of the 138th 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 661. By Representatives Chambless of the 133rd and Connell of the 87th:
A bill to amend Code Section 45-7-21 of the Official Code of Georgia Annotated, relating to expense allowance and travel cost reimbursement for members of cer tain boards and commissions, so as to provide for a uniform daily expense allow ance, transportation or mileage allowance, and registration fee remuneration for certain members of boards, commissions, agencies, and similar bodies which re ceive state funds therefor. Referred to Committee on Governmental Operations.
HB 678. By Representative Watson of the 114th:
A bill to amend Article 4 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to fraud and related offenses, so as to define credit repair services organization and other terms; to provide for the offense of operating a credit repair services organization. Referred to Committee on Banking and Finance.
HB 726. By Representatives Lawson of the 9th, Williams of the 48th and Colbert of the 23rd:
A bill to amend Code Section 33-34-2 of the Official Code of Georgia Annotated, relating to definitions of terms used in the "Georgia Motor Vehicle Accident Reparations Act", so as to redefine what shall be considered as the operation, maintenance, or use of a motor vehicle. Referred to Committee on Insurance.
HB 802. By Representatives Ramsey of the 155th and Smith of the 156th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing that for the purposes of all ad valorem taxation for Glynn County and the Glynn County school district the assessed value of the homestead of each resident of such county or school district who is sixty-two years of age or over or who is disabled shall not be increased. Referred to Committee on Urban and County Affairs.
HR 146. By Representatives Wilson of the 20th, Murphy of the 18th, Lawler of the 20th and others:
A resolution designating the A. L. "Al" Burruss Correctional Training Center. Referred to Committee on Corrections.
HB 643. By Representative Thompson of the 20th:
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.

WEDNESDAY, FEBRUARY 18, 1987

767

HB 644. By Representative Thompson of the 20th: A bill to amend an Act creating the Cobb Judicial Circuit, so as to change the county supplement for the district attorney.
Referred to Committee on Urban and County Affairs.
HB 732. By Representative Pittman of the 60th: A bill to amend an Act creating a new charter for the City of Duluth, so as to provide a new charter for the City of Duluth.
Referred to Committee on Urban and County Affairs.
HB 803. By Representatives Bannister of the 62nd, Wall of the 61st, Pittman of the 60th and others: A bill to amend an Act creating the Recorder's Court of Gwinnett County, so as to provide for an additional judge for such court.
Referred to Committee on Urban and County Affairs.
HB 805. By Representatives Buck of the 95th, Smyre of the 92nd, Robinson of the 96th and others: A bill to amend an Act establishing the State Court of Muscogee County, so as to create an additional judge for said court.
Referred to Committee on Urban and County Affairs.
HB 806. By Representatives Buck of the 95th, Smyre of the 92nd, Robinson of the 96th and others: A bill to amend an Act providing that the judge of the Municipal Court of Co lumbus and Muscogee County shall serve as the chief magistrate of the Magis trate Court of Muscogee County, so as to change the compensation provisions relating to the chief magistrate.
Referred to Committee on Urban and County Affairs.
HB 808. By Representative Moore of the 139th: A bill to amend an Act relating to the board of commissioners of Coffee County, so as to provide for the provision by Coffee County of health insurance benefits for members of the board of commissioners and elected county officers and their employees.
Referred to Committee on Urban and County Affairs.
The following reports of standing committees were read by the Secretary
Mr. President:
The Committee on Corrections has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 92. Do pass by substitute. HB 466. Do pass.
Respectfully submitted, Senator Garner of the 30th District, Chairman
Mr. President:
The Committee on Education has had under consideration the following bills of the

768

JOURNAL OF THE SENATE

Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 313. Do pass by substitute. SB 316. Do pass.
Respectfully submitted, Senator Foster of the 50th District, Chairman

Mr. President:

The Committee on Judiciary has had under consideration the following bills of the Sen ate and House and has instructed me to report the same back to the Senate with the follow ing recommendations:
SB 255. Do pass. HB 73. Do pass by substitute. HB 378. 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 Sen ate and House and has instructed me to report the same back to the Senate with the follow ing recommendations:
SB 73. Do pass by substitute. SB 302. Do pass by substitute. HB 209. Do pass by substitute.
Respectfully submitted,
Senator Deal of the 49th District, Chairman

Mr. President:

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

SB 336. Do pass.

HB 21. Do pass.

SR 120. Do pass.

HR 133. Do pass.

Respectfully submitted,

Senator Brown of the 47th District, Chairman

Mr. President:

The Committee on Rules has had under consideration the following resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SR 145. Do pass. HR 64. Do pass.
Respectfully submitted,
Senator Dean of the 31st District, Chairman

WEDNESDAY, FEBRUARY 18, 1987

769

Mr. President:

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

SB 53. SB 121. HB 117.

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

Respectfully submitted, Senator Peevy of the 48th 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 399. Do pass as amended.

Respectfully submitted,

Senator Coleman of the 1st District, Chairman

Mr. President:

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

HB 122. HB 123. HB 527. HB 573. HB 574. HB 679. HB 690. HB 691. HB 692.

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

HB 711. HB 712. HB 716. HB 763. HB 764. HB 765. HB 769. HB 770.

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

Respectfully submitted, Senator Turner of the 8th District, Chairman

Mr. President:

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

SR 99. HB 275. HB 521.

Do pass. Do pass. Do pass by substitute.

Respectfully submitted,

Senator Turner of the 8th District, Chairman

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

SB 133. By Senator Dawkins of the 45th:
A bill to amend Article 8 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation for occupational diseases, so as to

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change the definition of occupational disease; to change the conditions under which death or disability from an occupational disease are compensable; to delete the provision relative to aggravation of an occupational disease.
SB 248. By Senator Hine of the 52nd:
A bill to amend Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to landlord and tenant, so as to provide that it shall be unlawful for any landlord knowingly and willfully to suspend the furnishing of utilities to a ten ant; to provide for a definition; to provide for a penalty.
SB 290. By Senators McGill of the 24th, Ray of the 19th, Ragan of the 10th 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 declare certain activities to be agri cultural pursuits to be regulated by the Commissioner of Agriculture and the Department of Agriculture; to prohibit county boards of health and county de partments of health from promulgating or adopting certain rules, regulations, or ordinances.
SR 114. By Senators Echols of the 6th, McGill of the 24th and Ragan of the 10th:
A resolution urging the Congress of the United States to enact legislation to per mit tobacco growers to purchase poundage allotments from the owners of fluecured tobacco allotments within their tobacco belt.
HB 131. By Representatives Jackson of the 9th, Colwell of the 4th and Hays of the 1st:
A bill to amend Article 1 of Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions relative to jails, so as to change the provisions relating to the oath of jailers.
HB 294. By Representatives Coleman of the 118th, Jackson of the 9th, McDonald of the 12th and Hanner of the 131st:
A bill to amend Article 2 of Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia State Patrol, so as to provide that the Georgia State Patrol shall make certain unmarked pursuit vehicles available to the Geor gia Public Safety Training Center to be used for training public safety officers.
HB 312. By Representative Ramsey of the 3rd:
A bill to amend Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center, so as to provide for the dissemination of criminal history records maintained by the center to private persons and businesses, public agencies, political subdivisions, authori ties, and instrumentalities, including state or federal licensing regulatory agencies or their designated representatives.
HB 522. By Representatives Murphy of the 18th, Coleman of the 118th, Clark of the 13th and others:
A bill to amend Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observances, so as to declare May 15 of each year as "Police Officer Memorial Day" and the calendar week in which it falls as "Police Week".
HB 641. By Representatives Reaves of the 147th, Royal of the 144th, Patten of the 149th and others:
A bill to amend Article 1 of Chapter 4 of Title 4 of the Official Code of Georgia Annotated, relating to the control of infectious or contagious diseases in live stock, so as to provide for the control and prevention of diseases in poultry.

WEDNESDAY, FEBRUARY 18, 1987

771

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

Allgood Baldwin Barker Barnes Bwen ^ran"on BBuryrtaonnt
Coleman
Crumbley
Dawkins Deal Dean

Echols Engram Foster Garner Gillis "arns HKeanrnnseodny
Kidd
Land
McGill Newbill Peevy

Perry Phillips Ragan jjay Scott of 2nd Scott of 36th S,,.humak. e
btarr
Stumbaugh
Tate Tysinger Walker

Those not answering were Senators:

Albert Broun of 46th Brown of 47th Coverdell Edge English

Fincher Hine Howard Hudgins Huggins Langford

McKenzie Olmstead Timmons Tolleson Turner (excused)

Senator Starr of the 44th introduced the chaplain of the day, Reverend Harold Withers, pastor of the First Baptist Church, Forest Park, Georgia, who offered scripture reading and prayer.

Senator Harris moved that Senator Turner of the 8th be excused from all roll calls in the Senate today due to the death of his mother.

On the motion, the yeas were 30, nays 0; the motion prevailed, and Senator Turner of the 8th was excused from all roll calls in the Senate today.

The following resolutions of the Senate were read and adopted:

SR 148. By Senators Peevy of the 48th, Broun of the 46th and Dawkins of the 45th: A resolution recognizing and commending Honorable John 0. Mobley, Jr.

SR 149. By Senators Stumbaugh of the 55th, Howard of the 42nd, Walker of the 43rd and others:
A resolution commending Dr. Robert R. Freeman.

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

SENATE LOCAL CONSENT CALENDAR
Wednesday, February 18, 1987 TWENTY-SIXTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.)

HB 122 Ragan, 10th Decatur County
Provides for compensation and expense allowances of members of Board of Education.

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HB 123 Ragan, 10th Decatur County
Amends Act creating State Court; changes compensation provisions relating to judge and solicitor of said court.
HB 527 Ray, 19th Pulaski County
Provides for the nonpartisan nomination and election of members of Board of Education of county upon the expiration of regular terms of office.
HB 573 Ragan, 10th City of Thomasville Thomas County
Amends Act relating to Board of Education of independent school district of city; changes composition and method of election of Board of Education of Thomasville School District.
HB 574 Ragan, 10th City of Thomasville Thomas County
Amends charter of city as established by Act approved October 3, 1889; changes composition and method of election of governing authority of city; provides for Board of Commissioners as the governing authority of city.
HB 679 Huggins, 53rd Fincher, 54th Catoosa County
Amends Act creating office of commissioner of county; provides for hospitalization, insurance for all employees, including elected officials, whose salaries are paid from county funds; provides for paying the cost of such insurance.
HB 690 Huggins, 53rd Walker County
Amends Act placing clerk of Superior Court of county on an annual salary; changes provisions relating to amount of funds for compensation of personnel of said officer.
HB 692 Huggins, 53rd Walker County
Amends Act creating office of tax commissioner of county; changes provisions relating to amount of funds for compensation of personnel of said officer.
HB 711 McGill, 24th McDuffie County
Amends Act creating a three-member Board of Commissioners for county; changes compensation of chairman of board.
HB 712 Baldwin, 29th Harris County
Amends Act placing coroner of county upon monthly salary; changes salary of coroner.

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773

HB 716 Deal, 49th Hall County
Continues amendment providing for establishment of fire prevention districts in county and the authority for county and the municipalities in county to contract with each other for the purpose of fire prevention and authorizing county to levy tax for purpose of fire prevention.

HB 763 McKenzie, 14th Peach County
Continues amendment authorizing county Board of Education of county to borrow funds and pledge certain building funds to payment thereof.

HB 764 McKenzie, 14th Peach County
Continues amendment authorizing Board of Education of county to make grants for purpose of educating or training certain handicapped citizens of county.

HB 765 McKenzie, 14th Peach County
Continues amendment authorizing governing authority of county to levy a tax not to exceed 1 mill for use by Peach County Industrial Development Authority.

HB 769 Harris, 27th Lamar County
Creates office of county manager.

HB 770 McKenzie, 14th Lee 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 Code Section 40-2-20.1 of the O.C.G.A.

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

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

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Bowen Brannon BBoRrroowunn ooflc 44A67'JtIt-hhI. BuZn
Coleman Coverdell Crumbley Deal Dean Echols

Edge Engram Fincher Foster Garner Gillis H.H,,, aarrrni.sson ine
Huggms Kennedy Kid d Land Langford McGill

McKenzie Newbill Olmstead Peevy Perry Phillips 0S,,Rcaoy,t,t ofr ,,2nd, Scott of 36th
Starr Stumbaugh Timmons Tolleson Tysinger Walker

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Those not voting were Senators:

Albert Dawkins English

Howard Hudgins Ragan

Shumake Tate Turner (excused)

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

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

SENATE RULES CALENDAR Wednesday, February 18, 1987 TWENTY-SIXTH LEGISLATIVE DAY

SB 263 Governing Authority, Cities with Certain Population--mayor enter into contracts certain property (U&CA G--35th)
SB 206 Wholesale Fish Dealers' License--change provisions relating to (NAT R--20th)
SB 301 Seventeen (17) Year Old Felon Sentenced as Adult to Life Imprison ment--Youth Services Division until 18 (C&Y--15th)
SB 311 State Defense Force--special license plates (TRANS--3rd)
HB 380 Emission Inspections--fee which may be charged (AMENDMENT) (TRANS--27th)
HB 203 Child Homicide--judgment awarded to divorced parents equitably app'-rtioned (C&Y-30th)
HR 99 Chatham County Property--convey easement to Tybee Island for fishing pier (PUB U--1st)
HB 70 Motor Vehicle Insurance--revise penalty for failure to comply with requirements (SUBSTITUTE) (INS--55th)
HB 338 Superior Court Judges--establishment of law libraries (JUDY--29th)
SB 132 Workers' Compensation--termination of dependency of partial dependent (SUB STITUTE) (I&L--45th)
SB 180 Handicapped Newborn--register with Department of Human Resources for later treatment (SUBSTITUTE) (HUM R--9th)
HR 55 Hawkinsville--conveyance of certain state owned property (PUB U--19th)
HB 184 Municipal Governing Authority--calling election when all seats vacant (U&CA G--8th)
HR 130 Knobbed Whelk--designate as official state seashell (NAT R--1st)
SB 188 Workers' Compensation--guardians of certain minors administer benefits (I&L--45th)
SB 148 Juvenile Courts--remove original jurisdiction over certain capital crimes (SUB STITUTE) (S JUDY--48th)
HB 25 Superior Court Judges--elected by electors of judicial circuit (JUDY--52nd)
HB 94 Coroner's Training Council--membership (AMENDMENT) (HUM R--42nd)
SB 198 Magistrate Court Officers--commissions under seal of Governor (SUBSTITUTE) (JUDY--49th)
HB 241 Certain Post-Judgment Interest--collectible as part of such judgments (JUDY--17th)
HB 326 Department of Natural Resources--provisions on official waterfowl stamp (NAT R--20th)

WEDNESDAY, FEBRUARY 18, 1987

775

HB 445 Certain Vehicles Carrying Boats--Department of Transportation issue permits (TRANS--8th)
HR 100 Graysville--conveyance of certain state owned property (PUB U--54th)
SB 203 Battery--intentionally causing bodily harm to another (JUDY--49th)
SB 117 Driver's License Applicant--ability to read and write when born after certain date (PUB SAP--50th)
SB 274 Probate Court Judge, Certain Counties--eligibility requirements (SUBSTI TUTE) (AMENDMENT) (GOV OP--33rd)
(Pursuant to SENATE Rule 143, final adoption of the substitute and considera tion of the bill were suspended until today.)
HR 101 Taliaferro County--conveyance of certain state owned property to Georgia Power (PUB U--24th)
SB 197 Magistrates--change provisions on minimum salaries (SUBSTITUTE) (JUDY--49th)
SB 282 Improperly Parked Vehicle in Certain Counties--change population provisions (U&CA G--2nd)
Respectfully submitted,
/s/ Nathan Dean Dean of the 31st, Chairman Senate Rules Committee
The following general bills of the Senate and House, favorably reported by the commit tees, were read the third time and put upon their passage:
SB 263. By Senators Langford of the 35th, Engram of the 34th and Scott of the 36th:
A bill to amend Code Section 36-30-3 of the Official Code of Georgia Annotated, relating to ordinances of a council which may not bind succeeding councils, so as to permit the governing authorities of municipal corporations having a popula tion of not less than 400,000 to authorize the mayor to enter into contracts for periods not exceeding 50 years with respect to property or facilities used for edu cational, entertainment, or museum purposes in downtown development areas.
Senator Langford of the 35th moved that SB 263 be postponed until February 19.
On the motion, the yeas were 36, nays 0; the motion prevailed, and SB 263 was post poned until February 19.
SB 206. By Senator Gillis of the 20th:
A bill to amend Article 10 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to fish and other seafoods and to wholesale fish dealers, so as to change the provisions relating to wholesale fish dealers' licenses; to change the annual license fees for nonresident or alien wholesale fish dealers; to repeal Code Section 27-4-74.1 of the Official Code of Georgia Annotated, relating to food fish dealers.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

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Those voting in the affirmative were Senators:

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

Dean Echols Edge English Engram Fincher Foster Garner Gillis Harris Harrison Huggins Kennedy Kidd Land Langford

McGill Newbill Olmstead Peevy Perry Phillips Ragan Ray Scott of 36th Shumake Stumbaugh Tate Timmons Tolleson Tysinger Walker

Those not voting were Senators:

Mine Howard Hudgins

McKenzie Scott of 2nd

Starr Turner (excused)

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

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

SB 301. By Senator Hudgins of the 15th:
A bill to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedure for sentencing and imposition of punishment generally, so as to provide that any person under the age of 17 years who is con victed of a felony and sentenced as an adult to life imprisonment or to a certain term of imprisonment shall be committed to the Division of Youth Services of the Department of Human Resources to serve such sentence until such person is 18 years of age.

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

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

Those voting in the affirmative were Senators:

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

Deal Dean Echols Edge English Engram Fincher Foster Garner Gillis Harris Harrison Huggins Kennedy

Kidd Land McGill McKenzie Newbill Olmstead Peevy Perry Ragan Ray Scott of 2nd Shumake Starr Stumbaugh

WEDNESDAY, FEBRUARY 18, 1987

777

Timmons Tolleson

Tysinger

Walker

Voting in the negative were Senators Scott of the 36th and Tate.

Those not voting were Senators:

Coverdell Mine Howard

Hudgins Langford

Phillips Turner (excused)

On the passage of the bill, the yeas were 46, nays 2.

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

SB 311. By Senators Bryant of the 3rd, Echols of the 6th, Tolleson of the 32nd and others:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain per sons and vehicles, so as to provide, free of charge, special license plates for mem bers of the State Defense Force; to provide procedures; to provide for form of license plate; to prohibit the transfer of special license plates to other persons; to provide for rules and regulations.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun of 46th Brown of 47th Bryant Burton Crumbley Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Garner Gillis Harris Harrison Hine Hudgins Huggins Kennedy Kidd Land McGill McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan
Rrvfalyv
Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Timmons Tolleson Tysinger Walker

Those not voting were Senators:

Coleman Coverdell

Howard Langford

Turner (excui

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

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

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

HB 380. By Representative Adams of the 79th:
A bill 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 inspection.
Senate Sponsor: Senator Harris of the 27th.

The Senate Committee on Transportation offered the following amendment:

Amend HB 380 by striking from Section 1 on line 14 of page 1 the following: "not more than".

On the adoption of the amendment, the yeas were 34, nays 3, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Brannon Broun of 46th Brown of 47th Bryant Coleman Crumbley Dawkins Deal Dean

Echols Edge English Fincher Foster Garner Gillis Harris Hine Hudgins Huggins Kidd Land

McGill McKenzie Olmstead Perry Ragan Ray Scott of 2nd Shumake Starr Timmons Tysinger Walker

Those voting in the negative were Senators:

Barnes Burton Coverdell Engram Harrison

Langford Newbill Peevy Phillips

Scott of 36th Stumbaugh Tate Tolleson

Those not voting were Senators:

Bowen Howard

Kennedy (presiding)

Turner (excused)

On the passage of the bill, the yeas were 38, nays 13.

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

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779

The following resolution of the Senate was read and adopted:

SR 150. By Senator Garner of the 30th: A resolution commending the Carrollton High School Debate Team.

Senator Garner of the 30th introduced the Carrollton High School Debate Team to the Senate.

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 203. By Representatives Selman of the 32nd, Murphy of the 18th, Smith of the 16th, McKelvey of the 15th, Pannell of the 122nd and others:
A bill to amend Code Section 19-7-1 of the Official Code of Georgia Annotated, relating to parental powers and recovery for the homicide of a child, so as to provide that a judgment in a case of the homicide of a child awarded to parents who are divorced, separated, or living apart may be equitably apportioned be tween such parents; to provide for a motion for equitable division.
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 Bowen Brannon Broun of 46th Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols

Edge English Engram Fincher Foster Garner Harris Harrison Hine Howard Hudgins Huggins Kidd Land Langford McGill

McKenzie Olmstead Peevy Perry
Phillips Ragan Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Timmons Tolleson Tysinger

Those not voting were Senators:

Brown of 47th Bryant Gillis

Kennedy (presiding) Newbill

Turner (excused) Walker

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

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

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HR 99. By Representative Kingston of the 125th:
A resolution authorizing the State of Georgia, acting by and through the State Properties Commission, to grant and convey to the City of Tybee Island an ease ment over, under, across, and through certain property owned by the State of Georgia and located in Chatham County, Georgia, for the construction, installa tion, operation, maintenance, repair, improvement, and replacement of a fishing pier and pavilion facilities.
Senate Sponsor: Senator Coleman of the 1st.

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

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

Those voting in the affirmative were Senators:

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

Dean Echols Edge English Engram Fincher Foster Garner Harris Harrison Hine Howard Hudgins Huggins Kidd Land

Langford McGill McKenzie Olmstead Peevy Perry Phillips Ragan Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Tolleson Tysinger

Those not voting were Senators:

Gillis Kennedy (presiding) Newbill

Shumake Timmons

Turner (excused) Walker

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

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

The President resumed the Chair.

HB 70. By Representatives Jackson of the 9th, Bostick of the 138th, Kingston of the 125th, Porter of the 119th, Carter of the 146th and others:
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 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.
Senate Sponsor: Senator Stumbaugh of the 55th.

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781

The Senate Committee on Insurance offered the following substitute to HB 70:
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 revise extensively the requirements for motor vehicle insurance and the penalties for failure to comply with the requirements for motor vehicle insurance; to prohibit the issuance of per sonal automobile or family-type automobile insurance policies which do not provide cover age for a minimum term of six months; to require payment in advance for the first 60 days of coverage under such policies; to provide for proof of motor vehicle insurance prior to the licensing of vehicles; to authorize rules and regulations; to provide for notices of cancella tion; to provide for the furnishing of information to the Department of Public Safety; to provide for violations, penalties, and penalty fees; to provide for the suspension of licenses, tags, and tag registrations; to provide for the forwarding of driver's licenses and license tags to the court having jurisdiction of certain offenses; to provide what shall be considered a conviction for the purposes of license suspensions; to provide exceptions; to provide for fil ings of financial responsibility; to amend Code Section 17-6-11 of the Official Code of Geor gia Annotated, relating to the deposit of a chauffeur's or driver's license in lieu of incarcera tion, formal recognizance, or bail, so as to allow such deposit for an offense under Chapter 34 of Title 33; to amend Code Section 31-11-33 of the Official Code of Georgia Annotated, relating to insurance coverage as a condition of licensing of ambulances, so as to specify the insurance coverage which shall be required for ambulances operated by the State of Georgia; to amend Code Section 40-6-206 of the Official Code of Georgia Annotated, relating to cir cumstances under which a police officer may remove a vehicle, so as to authorize the re moval of an uninsured vehicle under certain circumstances; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Accident Reparations Act," is amended by striking subsection (a) of Code Section 33-34-3, relating to requirements as to the issuance of policies of motor vehicle insurance, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) (1) All policies of motor vehicle liability insurance issued in this state must be in accordance with the requirements of this chapter. Such policies shall contain at least the minimum coverages required under this chapter and shall be issued for a minimum term of six months.
(2) All insurers authorized to transact or transacting insurance in this state or control ling or controlled by or under common control by or with an insurer authorized to transact or transacting insurance in this state which issue policies or contracts providing motor vehi cle liability insurance coverage or any other similar coverage in any state or Canadian prov ince shall include in the policies or contracts of insurance a provision which provides at least the minimum coverage required under Code Section 33-34-4 with respect to motorists in sured under the policies or contracts who are involved in motor vehicle accidents in this state and, notwithstanding any provisions of the policies or contracts to the contrary, all such policies or contracts of insurance shall be deemed to satisfy the minimum requirements of this chapter if a motorist insured under the policies or contracts of insurance is involved in a motor vehicle accident in this state.
(3) Nothing contained in this Code Section shall be deemed to prohibit a nonadmitted insurer not otherwise required by paragraph (2) of this subsection to provide the minimum benefits required by Code Section 33-34-4 from providing such benefits for its insured mo torists who are involved in motor vehicle accidents in this state and, to the extent that such benefits are provided, such policies or contracts shall be deemed to provide the minimum coverage required by this chapter.
(4) No insurer shall issue a policy of motor vehicle insurance without requiring advance

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payment for the first 60 days of coverage. Insurers may rely on the insured's statements in the policy application for the purpose of calculating the initial payment required by this paragraph. This paragraph shall not apply to any renewal or continuation of a policy or to any replacement of a policy where there is no lapse of coverage. This paragraph shall apply only to personal automobile or family-type automobile insurance policies."
Section 2. Said chapter is further amended by striking Code Section 33-34-10, relating to the requirement of proof of insurance prior to licensing of motor vehicles, Code Section 33-34-10.1, relating to proof of financial responsibility to be required of certain persons, Code Section 33-34-10.2, relating to the effect of a forfeiture of bail on the mandatory sus pension of a driver's license, Code Section 33-34-11, relating to the promulgation of rules and regulations, and Code Section 33-34-12, relating to the penalty for operating a motor vehicle without insurance, and inserting in lieu thereof the following:
"33-34-10. (a) No motor vehicle shall be licensed by this state until the owner has fur nished proof to the licensing authorities that there is in effect the minimum insurance cov erage required by this chapter or that there is in effect an approved self-insurance plan and that such coverage was initially issued for a minimum term of six months. This time period shall apply only to private passenger vehicles.
(b) The commissioner of public safety shall prescribe by rules and regulations the nec essary information which shall be required to be furnished in order to satisfy this Code section. However, the applicant shall certify to the licensing authorities that the minimum insurance is in force.
(c) A person making a false statement or providing false information under this Code section shall be guilty of false certification and subject to the penalties set forth in Code Section 33-34-12.
33-34-10.1. (a) In cases in which the minimum insurance required by this chapter is canceled, the insurer, within five days of the effective date of the cancellation, shall notify the Department of Public Safety of the cancellation. For the purposes of this Code section, cancellation shall be defined by regulation of the department. The department shall pre scribe by rules and regulations the form of the cancellation notice and the information re quired to be furnished by insurers. For the purposes of aiding in the enforcement of this chapter, insurers shall furnish any insurance coverage information deemed necessary by the department or other appropriate law enforcement agencies.
(b) (1) Upon receipt of notification of cancellation, the department shall send a notice to the owner of the motor vehicle that the department has been informed of the fact of the cancellation, and of the penalties outlined in this Code section.
(2) Upon receipt of the department's notice, it shall be the duty of the owner of such motor vehicle to respond on the form provided by the department and to provide proof that 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 30 days of the date on which the notification was mailed by the department.
(c) (1) If the owner responds within the specified time period and indicates that mini mum insurance coverage is in effect, but there has been a lapse in coverage, the owner must remit a $25.00 lapse fee to the department with the form providing proof of minimum insur ance coverage. Supplying the form in this case without the lapse fee will result in suspension of the operator's license as if the form had not been returned in a timely manner as pro vided in paragraph (3) of this subsection.
(2) If the owner responds within the specified time period and indicates that minimum insurance coverage is not in effect, the owner's operator's license shall be suspended imme diately by the department. When the owner provides proof of having prepaid a six-month minimum insurance policy, pays a lapse fee of $25.00, and pays a restoration fee of $25.00,

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783

the suspension shall terminate and the department shall return the operator's license to the owner of the motor vehicle.
(3) If the owner does not respond within the specified time period, the department shall suspend the owner's operator's license. When the owner provides proof of having prepaid a six-month minimum insurance policy, pays a lapse fee of $25.00, and pays a restoration fee of $25.00, the suspension period shall terminate and the department shall return the opera tor's license to the owner of the motor vehicle; provided, however, that any owner whose operator's license has been suspended pursuant to this paragraph who provides proof of continuous minimum insurance coverage shall only pay a $25.00 restoration fee and shall not be deemed to have violated Code Section 40-5-121.
(4) In the event of a second or subsequent violation of this Code section during any five-year period, the department shall suspend the operator's license, license tag, and tag registration for a period of 90 days. Upon demand of the department, the owner shall for ward the operator's license, license tag, and tag registration to the department. After the 90 day suspension period and when the owner provides proof of having prepaid a six-month minimum insurance policy and pays a restoration fee of $25.00 to the department, the sus pension shall terminate and the department shall return the operator's license, license tag, and tag registration to the owner of the motor vehicle.
(d) A person making a false statement under subsections (b) and (c) of this Code sec tion shall be guilty of false certification and subject to the penalties set forth in Code Sec tion 33-34-12.
33-34-11. (a) The owner or operator of a motor vehicle shall keep proof or evidence of the minimum insurance coverage required by this chapter in the vehicle at all times during its operation. The owner of a motor vehicle shall provide to any operator of such vehicle proof or evidence of the minimum insurance coverage required by this chapter. A duly exe cuted vehicle rental agreement shall be considered satisfactory proof or evidence of the min imum insurance coverage required by this chapter. Any person who fails to comply with the requirements of this Code section shall be guilty of a misdemeanor and shall be subject to the penalties set forth in subsection (b) of Code Section 33-34-11.1.
(b) Every law enforcement officer in this state shall request the operator of a motor vehicle to produce proof or evidence of minimum insurance coverage required by this chap ter every time the law enforcement officer requests the presentation of the operator's license of the operator of the vehicle.
(c) If the owner or operator of a motor vehicle fails to show proof or evidence of mini mum insurance, the arresting officer shall issue a uniform traffic citation for operating a motor vehicle without proof of insurance and shall take possession of the operator's license and forward it to a court of competent jurisdiction. If the court or arresting officer deter mines that the operator is not the owner and that the owner has not complied with the requirements of this Code section, then, in addition to any citations issued to the operator under this or any other Code section, a uniform traffic citation shall be issued to the owner for authorizing the operation of a motor vehicle without proof of insurance.
(d) If the person shows to the court having jurisdiction of the case that insurance cover age was in effect at the time the citation was issued, the court shall return the operator'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) A person making a false statement under this Code section shall be guilty of false certification and subject to the penalties set forth in Code Section 33-34-12.
33-34-11.1. (a) An owner or any other person who operates or authorizes another to operate a motor vehicle without effective insurance on such vehicle or without an approved plan of self-insurance as required by this chapter shall be guilty of a misdemeanor. An oper ator of a motor vehicle shall not be guilty of a violation of this Code section if such operator maintains a policy of motor vehicle insurance which extends coverage to any vehicle the operator may drive and which otherwise meets the requirements of this chapter.

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(b) If the person convicted under subsection (a) of this Code section is the owner of the vehicle, such person's operator's license shall be suspended for a period of 60 days and such person will be subject to a fine of not less than $200.00 nor more than $1,000.00. The owner shall submit the operator's license to the court upon conviction and the court shall forward the operator's license to the Department of Public Safety. After the 60 day suspension pe riod and, upon providing proof of having prepaid a six-month minimum insurance policy, the owner shall, with payment of the restoration fee of $25.00 to the department, obtain reinstatement of the operator's license. For a second or subsequent offense within a five-year period, as measured from date of offense to date of offense, the person's operator's license, license tag, and tag registration shall be suspended for 90 days. The fine upon conviction shall be increased to not less than $250.00 nor more than $1,000.00, and the restoration fee shall be $25.00. The procedures for submitting operator's licenses to the court and for for warding such licenses to the department shall also apply to license tags and tag registrations.
(c) If the person convicted is not the owner of the vehicle, such person's operator's license shall be suspended for a period of 60 days or until such person pays a restoration fee of $25.00, whichever comes first. The person shall submit the operator's license to the court upon conviction and the court shall forward the license to the department. For a second or subsequent offense within a five-year period, as measured from date of offense to date of offense, the person shall be required to pay a fine of not less than $100.00 nor more than $1,000.00 and such person's operator's license shall be suspended for a period of 60 days. After the 60 day period has ended and when the person pays a restoration fee of $25.00, the department shall return the operator's license to the person.
(d) It is the intent of the General Assembly that judges levy fines under this Code section according to the average premium for a minimum insurance policy. The court is authorized to hear evidence to determine what the average premium may be.
(e) A hearing of contempt of court shall be scheduled for any person refusing to deliver his motor vehicle operator's license and, where applicable, motor vehicle license tag and tag registration to the court and a warrant shall issue for the arrest of such person.
33-34-11.2. (a) For the purposes of mandatory suspension of an operator's license for a first violation of Code Section 33-34-11.1 or Code Section 33-34-12, a forfeiture of bail or collateral used to seek a defendant's appearance in court, the payment of a fine, a plea of nolo contendere, a plea of guilty, or a finding of guilty shall be considered a conviction regardless of whether the sentence is suspended, probated, rebated, or revoked.
(b) For the purposes of mandatory suspension of a driver's license, license tag, and tag registration for a second or subsequent violation of Code Section 33-34-11.1 or Code Section 33-34-12, a forfeiture of bail or collateral used to seek a defendant's appearance in court, the payment of a fine, a plea of guilty, a plea of nolo contendere, a plea of nolo contendere to a previous violation of Code Section 33-34-11.1 or Code Section 33-34-12, or a finding of guilty shall be considered a conviction regardless of whether the sentence is suspended, probated, rebated, or revoked.
33-34-12. (a) False certification is a misdemeanor and, upon conviction, the person shall be subject to a fine of not less than $250.00 nor more than $1,000.00 or imprisonment for not more than 90 days, or both. In addition to such punishment, the person's operator's license shall be suspended for a period of 60 days. Such person shall be required to submit such operator's license to the court upon conviction. The court shall forward all licenses to the Department of Public Safety. After the 60 day suspension period, and upon providing proof of having prepaid a six-month minimum insurance policy, the convicted person shall, with payment to the department of a lapse fee of $25.00 and payment of a restoration fee of $25.00, obtain reinstatement of such person's operator's license.
(b) For a second or subsequent conviction under this Code section within a five-year period, as measured from date of offense to date of offense, the person shall be subject to a fine of not less than $500.00 nor more than $1,000.00 or imprisonment for not more than 90

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days, or both. In addition, the person's operator's license, license tag, and tag registration shall be suspended for a period of 90 days. The procedures provided in subsection (a) of this Code section for the submission and forwarding of licenses shall apply to suspensions of license tags and tag registrations under this subsection. After the 90 day suspension period, and upon providing proof of having prepaid a six-month minimum insurance policy, the convicted person shall, with payment of a lapse fee of $25.00 and payment of a restoration fee of $25.00 to the department, obtain reinstatement of such person's operator's license, license tag, and tag registration.
(c) The suspension periods under this Code section shall begin after any suspension periods end for convictions under Code Section 33-34-11.1.
(d) A hearing of contempt of court shall be scheduled for any person refusing to deliver his motor vehicle operator's license and, where applicable, license tag and tag registration to the court after conviction of making a false certification under this Code section and a war rant shall issue for the arrest of such person.
33-34-12.1. (a) It is the duty of the owner or operator who has his operator's license and, where applicable, license tag or tag registration suspended under the provisions of this chap ter immediately upon suspension to forward such item or items to the Department of Public Safety.
(b) If such operator's license or 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 may immediately direct any member of the Georgia State Patrol or any peace officer to secure possession of the operator's license and, where applicable, license tag and tag registration and return the same to the Department of Public Safety. The department is authorized to reimburse, from moneys appropriated for that purpose, the local law enforce ment agencies for their administrative costs and other reasonable costs incurred in actually securing the suspended operator's license and, where applicable, license tag and tag registra tion. The commissioner may prescribe by rules and regulations the administrative proce dures and reimbursement fee schedule for the purposes of carrying out the provisions of this subsection.
(c) Unless otherwise provided in this Code section, notice of the effective date of sus pension shall occur when the driver receives actual knowledge or legal notice of the suspen sion, whichever occurs first. For the purposes of making any determination under this chap ter relating to the return of a suspended motor vehicle operator's license and, where applicable, license tag and tag registration, no period of suspension under this chapter shall begin until the operator's license and, where applicable, license tag and tag registration are surrendered to the Department of Public Safety or to a court of competent jurisdiction under any provisions of this chapter, whichever date shall occur first.
(d) Any person violating subsection (a) of this Code section shall be guilty of a misde meanor and, upon conviction thereof, shall be subject to a fine of not less than $100.00 nor more than $1,000.00 or imprisonment for not more than 90 days.
33-34-12.2. (a) Any person convicted of a second or subsequent violation of Code Sec tion 33-34-11.1 or 33-34-12 within a five-year period, as measured from date of offense to date of offense, 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.
33-34-12.3. The Commissioner of Insurance shall adopt rules and regulations necessary for the implementation of this chapter with respect to insurers providing the insurance re quired in this chapter. The commissioner of public safety shall adopt rules and regulations

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necessary for the implementation of this chapter with respect to the maintaining of the insurance and proof of insurance required in this chapter.
33-34-12.4. Any insurer failing to comply with the provisions of this chapter shall be guilty of a misdemeanor."
Section 3. 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 33-34-11, 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 in lieu of 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 provided in this Code section shall give the judicial officer jurisdiction to dispose of the matter."
Section 4. Code Section 31-11-33 of the Official Code of Georgia Annotated, relating to insurance coverage as a condition of licensing ambulances, is amended by striking subsec tions (a) and (c) and inserting in their respective places new subsections (a) and (c) to read as follows:
"(a) Every ambulance operated by persons engaged in providing ambulance service shall have insurance coverage issued by an insurance company licensed to do business in this state providing at least the minimum coverage required for motor vehicles under Chap ter 34 of Title 33; provided, however, in the case of ambulances operated by the state, the coverage required shall be the same coverage required for other state vehicles under Chapter 9 of Title 45."
"(c) This Code section shall apply to all ambulances, whether privately operated or operated by any political subdivision of the state or any municipality."
Section 5. 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 if such person admits to the law enforcement officer that there is no insurance in effect on the vehicle or if the law enforcement officer verifies that the proof of insurance provided by such person is fraudulent."
Section 6. (a) Except as provided in subsection (b) of this section, this Act shall become effective July 1, 1987.

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(b) Section 4 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.
Senator Stumbaugh of the 55th offered the following substitute to HB 70:
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 revise extensively the requirements for motor vehicle insurance and the penalties for failure to comply with the requirements for motor vehicle insurance; to prohibit the issuance of per sonal automobile or family-type automobile insurance policies which do not provide cover age for a minimum term of six months; to require payment in advance for the first 60 days of coverage under certain policies; to provide exceptions; to provide for proof of motor vehi cle insurance prior to the licensing of private passenger vehicles; to provide for filing of financial responsibility; to provide what shall be considered a conviction for the purposes of license suspensions; to provide exceptions; to provide for notices of cancellation; to provide for the furnishing of information to the Department of Public Safety; to provide for viola tions, penalties, fines, restoration fees, and lapse fees; to provide for the suspension of li censes, tags, and tag registrations; to authorize rules and regulations; to provide for the submission of rules and regulations; 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 incar ceration, formal recognizance, or bail, so as to allow such deposit for an offense under Chap ter 34 of Title 33; to amend Code Section 31-11-33 of the Official Code of Georgia Anno tated, relating to insurance coverage as a condition of licensing of ambulances, so as to specify the insurance coverage which shall be required for ambulances operated by the State of Georgia; to amend Code Section 40-6-206 of the Official Code of Georgia Annotated, re lating 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 provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Accident Reparations Act," is amended by striking subsection (a) of Code Section 33-34-3, relating to requirements as to the issuance of policies of motor vehicle insurance, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) (1) All policies of motor vehicle liability insurance issued in this state must be in accordance with the requirements of this chapter. Such policies shall contain at least the minimum coverages required under this chapter and shall be issued for a minimum term of six months.
(2) All insurers authorized to transact or transacting insurance in this state or control ling or controlled by or under common control by or with an insurer authorized to transact or transacting insurance in this state which issue policies or contracts providing motor vehi cle liability insurance coverage or any other similar coverage in any state or Canadian prov ince shall include in the policies or contracts of insurance a provision which provides at least the minimum coverage required under Code Section 33-34-4 with respect to motorists in sured under the policies or contracts who are involved in motor vehicle accidents in this state and, notwithstanding any provisions of the policies or contracts to the contrary, all such policies or contracts of insurance shall be deemed to satisfy the minimum requirements of this chapter if a motorist insured under the policies or contracts of insurance is involved in a motor vehicle accident in this state.
(3) Nothing contained in this Code section shall be deemed to prohibit a nonadmitted insurer not otherwise required by paragraph (2) of this subsection to provide the minimum benefits required by Code Section 33-34-4 from providing such benefits for its insured mo-

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torists who are involved in motor vehicle accidents in this state and, to the extent that such benefits are provided, such policies or contracts shall be deemed to provide the minimum coverage required by this chapter.
(4) No insurer shall issue a policy of motor vehicle insurance without requiring advance payment for the first 60 days of coverage. Insurers may rely on the insured's statements in the policy application for the purpose of calculating the initial payment required by this paragraph. This paragraph shall not apply to any renewal or continuation of a policy, to any any replacement of a policy where there is no lapse of coverage, or to any personal automo bile policy issued in connection with an employer-sponsored payroll deduction plan. This paragraph shall apply only to personal automobile or family-type automobile insurance policies."
Section 2. Said chapter is further amended by striking in their entirety 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. No motor vehicle shall be licensed by this state until the owner or insured 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 minimum term of six months. This time period shall apply only to private passenger vehi cles. The commissioner of public safety shall prescribe by rules and regulations the neces sary information which shall be required to be furnished in order to satisfy this subsection; however, such information as pertains to the minimum insurance coverage shall contain the certification of the applicant that minimum insurance is in force.
33-34-10.1 (a) Any person convicted of a second or subsequent violation of subsection (a), (b), or (c) of Code Section 33-34-12 within a five-year period, as measured from date of arrest to date of arrest, 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, in addition to any other punishment.
(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, and tag registration for a second or subsequent violation within a five-year period, as measured from date of arrest to date of arrest, 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, the insurer, within 15 days of the effective date of the cancellation, shall notify the Department of Public Safety in the form specified by the department of such cancellation. For the purposes of aiding in the enforcement of this chapter, insurers shall furnish any insurance coverage information deemed necessary by the department or other appropriate

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law enforcement agencies. For the purposes of this Code section, cancellation shall be de fined by regulation of the Department of Public Safety.
(b) (1) Upon receipt of notification of cancellation, the department shall send a notice to the owner of the motor vehicle that the department has been informed of the fact of the cancellation, and of the penalties outlined in this Code section.
(2) Upon receipt of the department's notice, it shall be the duty of the owner of such motor vehicle to respond on the form provided by the department and to provide proof that 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 30 days of the date on which the notification was mailed by the department.
(c) (1) If the owner responds within the specified time period and indicates that mini mum insurance coverage is in effect, but there has been a lapse of coverage, the owner must remit a $25.00 lapse fee to the department with the form providing proof of minimum insur ance coverage. Supplying the form in this case without the lapse fee will result in suspension of the driver's license as if the form had not been returned in a timely manner as provided in paragraph (3) of this subsection.
(2) If the owner responds within the specified time period and indicates that minimum insurance coverage is not in effect, the owner's driver's license shall be suspended immedi ately 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 minimum in surance coverage, pays a lapse fee of $25.00, and pays a restoration fee of $25.00, the suspen sion shall terminate and the department shall return the driver's license to the owner of the motor vehicle.
(3) If the owner does not respond within the specified time period, the department shall suspend the owner's 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 six-month minimum insurance policy, pays a lapse fee of $25.00, and pays a restora tion fee of $25.00, the suspension 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 only pay a $25.00 restoration fee and shall not be deemed to have violated Code Section 40-5-121.
(4) 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 90 days. Upon demand of the department, the owner shall forward the driver's license, license tag, and tag registration to the department. After the 90 day suspension period and when the owner provides proof of having prepaid a six-month mini mum insurance policy, pays a lapse fee of $25.00, 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 registration to the owner of the motor vehicle.
33-34-12. (a) (1) 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 dur ing the operation of the vehicle. A duly executed vehicle rental agreement shall be consid ered 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 subsection. Except as otherwise provided in paragraph (4) of this sub section, any person who fails to comply with the requirements of this subsection 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.
(2) 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-

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ter every time the law enforcement officer requests the presentation of the driver's license of the operator of the vehicle.
(3) 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. If the court or arresting officer deter mines 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 this subsection shows to the court having jurisdiction of the case that the minimum insurance coverage required by this chapter 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 and the driver's license of such person shall not be suspended.
(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 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) 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 six-month 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.
(e) 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 applica ble, license tag and tag registration, a period of suspension under this chapter shall begin upon the date of conviction adjudicated by the court having jurisdiction.
(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 30 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 3. 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 in lieu of 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 provided in this Code section shall give the judicial officer jurisdiction to dispose of the matter."
Section 4. Code Section 31-11-33 of the Official Code of Georgia Annotated, relating to insurance coverage as a condition of licensing ambulances, is amended by striking subsec tions (a) and (c) and inserting in their respective places new subsections (a) and (c) to read as follows:
"(a) Every ambulance operated by persons engaged in providing ambulance service shall have insurance coverage issued by an insurance company licensed to do business in this state providing at least the minimum coverage required for motor vehicles under Chap ter 34 of Title 33; provided, however, in the case of ambulances operated by the state, the coverage required shall be the same coverage required for other state vehicles under Chapter 9 of Title 45."
"(c) This Code section shall apply to all ambulances, whether privately operated or operated by any political subdivision of the state or any municipality."
Section 5. Code Section 40-6-206 of the Official Code of Georgia Annotated, relating to

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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 if such person admits to the law enforcement officer that there is no insurance in effect on the vehicle or if the law enforcement officer verifies that the proof of insurance provided by such person is fraudulent."
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 Stumbaugh of the 55th offered the following amendment:
Amend the substitute to HB 70 offered by Senator Stumbaugh of the 55th by striking the first word "any" on line 29 of page 3.
On the adoption of the amendment, the yeas were 34, nays 0, and the amendment was adopted.
On the adoption of the substitute to HB 70 offered by the Senate Committee on Insur ance, the yeas were 3, nays 35, and the substitute was lost.
On the adoption of the substitute to HB 70 offered by Senator Stumbaugh of the 55th, the yeas were 44, nays 0, and the substitute was adopted as amended.
The President announced that, pursuant to Senate Rule 143, consideration of the sub stitute and the bill will be suspended and placed on the Senate General Calendar.
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 Senate:
SB 160. By Senators Kennedy of the 4th and Coleman of the 1st: A bill to amend Article 1 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to general provisions affecting the Department of Transpor tation, so as to provide that an employee of the Department of Transportation who is injured in the line of duty by an act of external violence, accident, or injury shall be entitled to regular compensation for the period of time that the employee is physically unable to perform the duties of his employment.
The following general bills and resolutions of the Senate and House, favorably reported by the committees, were read the third time and put upon their passage:
SB 132. By Senator Dawkins of the 45th: A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to provide for termination of depen dency of a partial dependent; to change the time limits within which an appeal may be taken to the board and within which an appeal may be taken to the superior court of a final award of the board.

WEDNESDAY, FEBRUARY 18, 1987

793

The Senate Committee on Industry and Labor offered the following substitute to SB 132:
A BILL
To be entitled an Act to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to provide for termination of depen dency of a partial dependent; to change the time limits within which an appeal may be taken to the board and within which an appeal may be taken to the superior court of a final award of the board; to require self-insurers to maintain an office and agents in this state for the purpose of handling claims and executing instruments for the payment of compensation; to require certain insurers to maintain an office and agents in this state for the purpose of handling claims and executing instruments for the payment of compensation; to limit the pecuniary liability of employers for certain treatment to such charges as prevail in the state; to require the payment of income benefits to residents of this state to be made in cash or by negotiable instrument drawn on a depository in this state; to provide for an exception; to provide that certain applicants must meet certain permitting requirements; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, is amended by striking in its entirety subsection (e) of Code Section 34-9-13, relating to the termination of dependency to whole and partial dependents, and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) For the purpose of this chapter, the dependency of a spouse upon a deceased em ployee shall terminate with remarriage or cohabitation in a meretricious relationship; and for this purpose cohabitation in a meretricious relationship shall be a relationship in which persons of the opposite sex live together continuously and openly in a relationship similar or akin to marriage, which relationship includes either sexual intercourse or the sharing of living expenses. The dependency of a child, except a child physically or mentally incapable of earning a livelihood, shall terminate with the attainment of 18 years of age, except as provided in paragraph (2) of subsection (b) of this Code section. The dependency of a spouse and of a partial dependent shall terminate at age 65 or after payment of 400 weeks of benefits, whichever is greater."
Section 2. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 34-9-103, relating to an application for review made to the board, and in serting in lieu thereof a new subsection (a) to read as follows:
"(a) If an application for review is made to the board within 20 days of notice of the award, all of the members shall review the evidence or, if deemed advisable, shall hear the parties at issue and their representatives and witnesses as soon as practicable and shall then make and file an award in the manner specified in Code Section 34-9-102, together with their ruling of law in the case. A copy of the award so made on review shall immediately be sent to the parties at dispute. All of the members may remand to a single member or deputy director any case before them for the purpose of reconsideration and correction of apparent errors and omissions and issuance of a new award, with or without the taking of additional evidence, or for the purpose of taking additional evidence for consideration by the full board in rendering any decision or award in the case."
Section 3. Said chapter is further amended by striking in its entirety subsection (b) of Code Section 34-9-105, relating to procedures for appeal to superior court from board deci sions, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Either party to the dispute may, within 20 days from the date of any such final award or within 20 days from the date of any other final order or judgment of the members of the board or deputy directors, but not thereafter, appeal from the decision in such final award or from any other final decision of the board to the superior court of the county in which the injury occurred or, if the injury occurred without the state, to the superior court

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of the county in which the original hearing was had, in the manner hereafter outlined, and upon the following grounds: the party conceiving himself to be aggrieved may file an appli cation in writing with the board asking for an appeal from any such order or decree, stating generally the grounds upon which such appeal is sought. In the event such appeal is filed, the board shall, within 30 days from the filing of the appeal, cause certified copies of all documents and papers then on file on the matter and a transcript of all testimony taken therein to be transmitted with its findings and order or decree to the clerk of the superior court to which the case is appealable, as provided in this subsection. The cause so appealed may then be brought by either party upon ten days' written notice to the other, before the superior court for a hearing upon such record, subject, however, to an assignment of the case for hearing by the court."
Section 4. Said chapter is further amended by striking in its entirety Code Section 34-9127, relating to issuance by board of certificate of self-insurance, and inserting in lieu thereof a new Code Section 34-9-127 to read as follows:
"34-9-127. (a) Whenever an employer has complied with those provisions of Code Sec tion 34-9-121 relating to self-insurance, the board shall issue to such employer a certificate which shall remain in force for a period fixed by the board; but the board may, upon at least 60 days' notice to the employer and after a hearing, revoke the certificate upon satisfactory evidence for such revocation having been presented. At any time after such revocation the board may grant a new certificate to the employer upon his petition.
(b) Any employer who has otherwise qualified as a self-insurer shall designate and maintain an office in the State of Georgia for the handling of claims or shall designate an agent located in the State of Georgia who shall be authorized to execute instruments for the payment of compensation."
Section 5. Said chapter is further amended by striking in its entirety subsection (b) of Code Section 34-9-131, relating to application for permit and hearing thereon by board, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) The application for such permit shall set forth such facts as the board may, by regulation, require. The board is authorized to prescribe the form of the permit and to pro vide by regulation for a hearing upon such application. Upon the filing of such application, the board shall have such hearing thereon as may be provided for by regulation and shall grant a permit if, in its discretion, the applicant is qualified, financially and otherwise, to carry on such insurance business. Upon obtaining said permit, the insurer shall designate and maintain an office in the State of Georgia for the handling of claims or shall designate an agent located in the State of Georgia who shall be authorized to execute instruments for the payment of compensation."
Section 6. Said chapter is further amended by striking in its entirety Code Section 34-9203, relating to employer's pecuniary liability for medical attention, and inserting in lieu thereof a new Code Section 34-9-203 to read as follows:
"34-9-203. The pecuniary liability of the employer for medical, surgical, hospital service, or other treatment required, when ordered by the board, shall be limited to such charges as prevail in the State of Georgia for similar treatment of injured persons of a like standard of living when such treatment is paid for by the injured persons; and the employer shall not be liable in damages for malpractice by a physician or surgeon furnished by him pursuant to this chapter, but the consequences of any malpractice shall be deemed part of the injury resulting from the accident and shall be compensated for as such."
Section 7. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 34-9-221, relating to the timing of payment of income benefits, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Income benefits shall be paid periodically, promptly, and directly to the person entitled thereto, without an award, except where liability is controverted by the employer. Where the claimant's address of record is in Georgia, payment shall be made in cash or negotiable instrument drawn on a Georgia depository, except where an application for ex-

WEDNESDAY, FEBRUARY 18, 1987

795

ception is made to the State Board of Workers' Compensation and the applicant demon strates that reasonable methods of payment exist that will assure the timely receipt of pay ment of compensation benefits to the claimant. All applicants must meet the permitting requirements of subsection (b) of Code Section 34-9-131 or subsection (b) of Code Section 34-9-127."
Section 8. 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:

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

Dean Echols Edge Engram Fincher Foster Garner Gillis Harris Harrison Hine Howard Hudgins Huggins Kennedy

Land Langford McGill McKenzie Olmstead Peevy Perry Phillips Ray Scott of 36th Shumake Starr Timnions Tolleson Tysinger

Those not voting were Senators:

Albert English Kidd Newbill

Ragan Scott of 2nd Stumbaugh

Tate Turner (excused) Walker

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

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

SB 180. By Senators Phillips of the 9th, Burton of the 5th, Albert of the 23rd and others:
A bill to amend Chapter 18 of Title 31 of the Official Code of Georgia Annotated, relating to registration and treatment of certain disabled or injured persons, so as to include handicapped newborn persons among those who are required to be registered with the Department of Human Resources for later referral and treat ment; to change the legislative intent.

The Senate Committee on Human Resources offered the following substitute to SB 180:

A BILL
To be entitled an Act to amend Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions regarding health, so as to require handicapped

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newborn persons to be registered with the Department of Human Resources for later refer ral and treatment; to provide for legislative intent; to provide for definitions; to require that certain reports be made regarding persons identified as being handicapped newborn persons; to provide for referral for services; to provide that the Division of Public Health maintain and update records and rosters and submit certain reports; to provide for the availability of certain rosters; to require certain persons or entities contracting with the Department of Human Resources to register their services; to provide for the availability of certain statisti cal information; to provide for immunity and sanctions; to provide an effective date; to re peal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions regarding health, is amended by adding after Code Section 31-1-3 a new Code section to read as follows:
"31-1-3.1. (a) It is the intent of the General Assembly to ensure the registration by the department of handicapped newborn persons in order that all such persons might obtain referral and other services provided by existing state agencies, departments, other organiza tions, and individuals.
(b) As used in this Code section, the term 'handicapped newborn person' means a per son less than 12 months old who is deaf, blind, or has a serious congenital defect as defined by the department.
(c) Except as otherwise provided, every public and private health and social agency and every physician authorized to practice medicine in this state shall report to the department the name of any person such agency or physician has identified as being a handicapped newborn person. The report shall be made within 48 hours after identification of that per son and shall contain the name, age, address, type and extent of handicap, social security number, if any, and such other information concerning that person as the department may require.
(d) The department shall establish procedures whereby a handicapped newborn person for whom a report is made under this Code section shall be referred with informed consent to appropriate public or private departments or agencies for treatment and rehabilitative services.
(e) The Division of Public Health of the department shall:
(1) Maintain records of reports, notifications, and referrals made under this chapter; and
(2) Maintain and update rosters of public and private departments or agencies which provide services to persons who have handicaps like those of handicapped newborn persons and send copies of such rosters and an annual update thereof to each county board of health for those boards of health to make such rosters available to the public.
(f) Statistical information collected under this chapter shall be available to any other federal or state agency or private organization concerned with handicaps of newborn per sons, but no names or addresses will be provided without the consent of the immediate family or guardian of the handicapped newborn person.
(g) Any person or entity with whom the department enters into a contract after June 30, 1987, for services shall, as a condition of that contract, register with the Division of Public Health the various services that person or entity is capable of or is already providing to handicapped newborn persons and persons having handicaps like those of handicapped newborn persons for purposes of the roster of services the division maintains under para graph (2) of subsection (e) of this Code section.
(h) A person or entity which in good faith makes a report required by subsection (c) of this Code section shall be immune from civil and criminal liability therefor."

WEDNESDAY, FEBRUARY 18, 1987

797

Section 2. This Act shall become effective no later than six months after the General Assembly appropriates funds for the implementation of the Act.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 34, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by 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
R bDBgrr,oouwnnnf toofff 4,^7tth, Burton Coverdell Crumbley Deal Dean Echols

Edge Engram Fincher Foster
Gillis Harris IHHTma. rerison Howard Hudgins Huggins Kennedy Kidd Land McGill

McKenzie Olmstead Peevy Perry

Phillips

Ragan

0SRcaoy,tt, Scott

of,. of

,,23n6dt,h,

Shumake

Starr

Stumbaugh

Tate

Tolleson

Tysinger

Those not voting were Senators:

Coleman Dawkins English

Garner Langford Newbill

Timmons Turner (excused) Walker

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 55. By Representative Hudson of the 117th:
A resolution authorizing the conveyance of certain state owned property located in the City of Hawkinsville, Pulaski County, Georgia, to the Pulaski Develop ment Company, Inc.
Senate Sponsor: Senator Ray of the 19th.

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

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

Those voting in the affirmative were Senators:

Albert Allgood

Baldwin Barker

Barnes Bowen

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JOURNAL OF THE SENATE

Brannon Brown of 47th Bryant Burton Coverdell Crumbley DDeeaaln
Echols Edge Engram Foster Gillis

Harris Harrison Hine Howard Hudgins Kennedy KLaidndd
Langford McGill McKenzie Newbill Olmstead

Peevy Perry Phillips pay Scott of &f S0h, umak. e
Starr Tate Tolleson Tysinger Walker

Those not voting were Senators:

Broun of 46th Coleman Dawkins English

Fincher Garner Huggins Ragan

Stumbaugh Timmons Turner (excused)

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

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

HB 184. By Representatives Bray of the 91st, Holmes of the 28th and Moultrie of the 93rd:
A bill to amend Chapter 30 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding municipal corporations, so as to provide for a method of calling an election in the event that all seats on a municipal governing authority are vacant.
Senate Sponsors: Senators Turner of the 8th and McKenzie of the 14th.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes
RBDBBrrroovwuannnt ocf 4,,,7,t,h Burton Coleman Coverdell Crumbley Deal Dean

Echols Edge English Engram Fincher Foster
THTHTTaarrrrii.sson Hine Howard Hudgins Huggins Kennedy Kidd

Land Langford McGill Newbill Olmstead Peevy
P,,R,,,haig.l.al..inpvs Scott of 2nd Scott of 36th Tate Tolleson Tysinger Walker

WEDNESDAY, FEBRUARY 18, 1987

799

Those not voting were Senators:

Dawkins Garner McKenzie

Ray Shumake Starr

Stumbaugh Timmons Turner (excused)

On the passage of the bill, the yeas were 46, nays 0. The bill, having received the requisite constitutional majority, was passed.

HR 130. By Representatives Kingston of the 125th, Rainey of the 135th, Mueller of the 126th and others: A resolution designating the Knobbed Whelk as the official state seashell.
Senate Sponsor: Senator Coleman of the 1st.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Brannon Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Garner Gillis Harris Harrison Mine Howard Hudgins Huggins Kennedy Kidd Land Langford McGill

McKenzie Newbill Olmstead Peevy Perry Phillips Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Timmons Tolleson Tysinger Walker

Those not voting were Senators:

Bowen

Ragan

Turner (excused)

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

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

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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 101. By Senator Barnes of the 33rd:
A bill to amend Chapter 1 of Title 41 of the Official Code of Georgia Annotated, relating to nuisances in general, so as to provide that no publicly owned cultural facility shall become a nuisance, either public or private, as a result of changed conditions in or around the locality of such cultural facility, if such cultural facil ity has been in use for one year or more.
The House substitute to SB 101 was as follows:
A BILL
To be entitled an Act to amend Chapter 1 of Title 41 of the Official Code of Georgia Annotated, relating to nuisances in general, so as to provide that no publicly owned cultural facility shall become a nuisance, either public or private, solely as a result of changed condi tions in or around the locality of such cultural facility, if such cultural facility has been in use for one year or more; to make the same provisions for leased facilities and the appurte nances and operation of facilities; to state legislative findings; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 41 of the Official Code of Georgia Annotated, relating to nuisances in general, is amended by adding at the end thereof a new Code Section 41-1-8 to read as follows:
"41-1-8. (a) It is declared the public policy of this state to conserve, protect, and en courage the development of publicly owned cultural facilities. In order to encourage the establishment and maintenance of publicly owned cultural facilities, it is the purpose of this Code section to limit the circumstances under which a publicly owned cultural facility may be deemed to be a nuisance.
(b) Neither a publicly owned cultural facility, nor a facility operated on lease from a publicly owned cultural facility, nor any of the appurtenances thereof, nor the operation thereof, shall be or become a nuisance, either public or private, solely as a result of changed conditions in or around the locality of such cultural facility if such cultural facility has been in operation for one year or more."
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 Sonate agree to the House substitute to SB 101.

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 Brannon Brown of 47th Bryant

Burton Coleman Coverdell Crumbley Dawkins Deal Dean

Echols Edge English Engram Fincher Foster Garner

WEDNESDAY, FEBRUARY 18, 1987

801

Harris Harrison Hine Hudgms MKeungngeindsy
Kidd
Land
McGill

McKenzie Newbill Olmstead Peevy PPherilrlyips
Ragan
Ray
Scott of 36th

Shumake Starr Stumbaugh Tate
Timmons Tolleson Tysinger Walker

Those not voting were Senators:

Allgood Bowen Broun of 46th

Gillis Howard Langford

Scott of 2nd Turner (excused)

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 101.

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

SB 130. By Senator Deal of the 49th:
A bill to amend Part 3 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Lake Lanier Islands Development Authority, so as to provide additional authorization for the adoption and enforcement of reasonable ordinances by the authority; to provide additional authorization for the appointment of security officers.

The House amendment was as follows:

Amend SB 130 as follows:
Add on line 26 page 2, following the period and before the words "the authority" the following:
"within the limits of the Lake Lanier Islands,".

Senator Deal of the 49th moved that the Senate agree to the House amendment to SB 130.

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 Broun of 46th Brown of 47th Bryant Burton Coverdell Crumbley

Dawkins Deal Dean Echols Edge English Engram Fincher Foster Gillis Harris Harrison Hine

Howard Hudgins Huggins Kennedy Kidd Land McGill McKenzie Newbill Olmstead Peevy Perry Ragan

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JOURNAL OF THE SENATE

Ray Scott of 36th Shumake

Starr Tate Timmons

Tolleson Tysinger Walker

Those not voting were Senators:

Coleman Garner Langford

Phillips Scott of 2nd

Stumbaugh Turner (excused)

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 130.

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

SB 188. By Senator Dawkins of the 45th:
A bill to amend Part 2 of Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to the method of payment of certain workers' com pensation benefits, so as to provide that the authority of guardians of certain minors or incompetent claimants appointed by the State Board of Workers' Compensation shall be limited to the administration of such workers' compensa tion benefits and the settlement of workers' compensation claims..

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

On the 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 Brannon Broun of 46th Brown of 47th Bryant Burton Coverdell Crumbley Dawkins Deal Dean Echols

Edge Engram Fincher Foster Gillis Harris Hine Hudgins Huggins Kennedy Kidd Land McGill McKenzie

Newbill Peevy Perry Ragan Ray Scott of 36th Shumake Starr Stumbaugh Tate Timmons Tolleson Tysinger Walker

Those not voting were Senators:

Baldwin Bowen Coleman English

Garner Harrison Howard Langford

Olmstead Phillips Scott of 2nd Turner (excused)

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

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

WEDNESDAY, FEBRUARY 18, 1987

803

The following general bill of the Senate, having been read the third time on February 3 and committed to the Senate Committee on Special Judiciary, and favorably reported by the committee, was put upon its passage:
SB 148. By Senators Peevy of the 48th and Deal of the 49th:
A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change definitions; to re move the original jurisdiction of the juvenile courts over certain juvenile capital crimes; to change the provisions relating to taking into custody, detaining, and releasing certain children accused of committing juvenile capital crimes.
The Senate Committee on Special Judiciary offered the following substitute to SB 148:
A BILL
To be entitled an Act to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change definitions; to re move the original jurisdiction of the juvenile courts over certain juvenile capital crimes; to change the provisions relating to taking into custody, detaining, and releasing certain chil dren accused of committing juvenile capital crimes; to provide that the superior courts shall have original jurisdiction over certain juvenile capital crimes and provide for grand jury action relating thereto; to provide for the transfer of cases involving juvenile capital crimes to the juvenile courts; to provide for certain orders of disposition for restrictive custody; to provide for grounds therefor; to provide for considerations by the court; to provide for cer tain placement and extension; to provide for requirements and limitations; to provide for certain supervision; to provide for certain powers and authority of the Division of Youth Services; to provide for transfer of such cases between superior courts; to prohibit the trans fer of such cases from juvenile courts; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by adding immediately following paragraph (9) of Code Section 15-11-2, relating to definitions, the following:
"(9.1) 'Juvenile capital crime' means an act of a child over the age of 12 years which would constitute the crime of murder if tried in a superior court and for which an adult convicted of that crime may be punished by confinement for life in a penal institution or by loss of life."
Section 2. Said article is further amended by striking subparagraph (a)(l)(A) of Code Section 15-11-5, relating to juvenile court jurisdiction, and inserting in its place the following:
"(A) Who is alleged to be delinquent, except when the allegation is based on a juvenile capital crime;".
Section 3. Said article is further amended by striking subsection (b) of Code Section 1511-5, which reads as follows:
"(b) The court shall have concurrent jurisdiction with the superior court over a child who is alleged to have committed a delinquent act which would be considered a crime if tried in a superior court and for which the child may be punished by loss of life or confine ment for life in a penal institution.",
and inserting in its place the following:
"(b) In any case involving a child who is alleged to have committed a juvenile capital crime, the superior court shall have original jurisdiction over that child for that offense. The juvenile court shall have jurisdiction over the child for that offense only if the case is trans ferred to the juvenile court pursuant to Code Section 15-11-38.1."

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Section 4. Said article is further amended by striking from subsection (a) of Code Sec tion 15-11-19, regarding procedures on taking a child into custody, the semicolon at the end of paragraph (2) thereof and inserting in its place the following:
"; or",
by striking from the end of paragraph (3) thereof the following:

and inserting in its place a period,
and by striking paragraph (4) thereof, which reads as follows:
"(4) Bring the child who is suspected of committing a delinquent act before the supe rior court of the county where the delinquent act occurred if the act is an act over which the superior court has concurrent jurisdiction as provided in subsection (b) of Code Section 1511-5; however, pending a commitment hearing authorized under Code Sections 17-6-15 and 17-6-16 and Articles 1, 2, and 8 of Chapter 7 of Title 17 or an indictment, the child shall be returned and placed in detention, if necessary, only in such places as are authorized by Code Section 15-11-20."
Section 5. Said article is further amended by adding following subsection (a) of Code Section 15-11-19, regarding procedures on taking a child into custody, a new subsection (a.l) to read as follows:
"(a.l) Notwithstanding the provisions of subsection (a) of this Code section, a person taking into custody a child who is alleged to have committed a juvenile capital crime shall bring the child, with all reasonable speed and without first taking the child elsewhere, before the superior court of the county where the alleged crime occurred; however, pending a commitment hearing authorized under Code Sections 17-6-15 and 17-6-16 and Articles 1, 2, and 8 of Chapter 7 of Title 17 or an indictment, the child shall be returned and placed in detention only in such places as are authorized by Code Section 15-11-20."
Section 6. Said article is further amended by striking subsection (b) of Code Section 1511-20, relating to places of detention, and inserting in its place the following:
"(b) A child alleged to have committed a juvenile capital crime shall be detained pend ing a commitment hearing under Code Sections 17-6-15 and 17-6-16 and Articles 1, 2, and 8 of Chapter 7 of Title 17 or an indictment only in a facility described in paragraphs (1) through (3) of subsection (a) of this Code section unless it appears to the satisfaction of the superior court that public safety and protection reasonably require detention in the jail and that court so orders, but only where the detention is in a room separate and removed from those rooms for detaining adults."
Section 7. Said article is further amended by striking subsection (a) of Code Section 1511-21, relating to release of a child where detention is not warranted, and inserting in its place the following:
"(a) If a child is brought before the court or delivered to a detention or shelter care facility designated by the court, the intake or other authorized officer of the court shall immediately make an investigation and release the child unless the child is alleged to have committed a juvenile capital crime or it appears that his detention or shelter care is war ranted or required under Code Section 15-11-18."
Section 8. Said article is further amended by adding immediately following Code Sec tion 15-11-38 two new Code sections to read as follows:
"15-11-38.1. (a) The district attorney of the county in which a child is alleged to have committed a juvenile capital crime shall, unless a court of inquiry has determined there is a lack of probable cause to suspect the child's guilt of the alleged crime, bring that case before the grand jury of that county in the same manner as if an adult had been charged with that crime. If a grand jury indicts a child for any juvenile capital crime, the superior court of that

WEDNESDAY, FEBRUARY 18, 1987

805

county shall have jurisdiction over the prosecution thereof unless a majority of the judges of that court makes a written determination that there are reasonable grounds to believe that:
(1) (A) The child did not commit a juvenile capital crime; or
(B) The child is committable to an institution for the mentally ill or mentally retarded; and
(2) The interests of the child and the community require that the child not be prose cuted as an adult,
and transfers the case to the juvenile court as a delinquent act pursuant to Code Section 1511-13.
(b) If a grand jury before which is brought a case involving a juvenile capital crime under subsection (a) of this Code section does not indict the child for any juvenile capital crime within the time otherwise required for grand jury indictments of adults accused of like crimes, that case shall be transferred to the appropriate juvenile court pursuant to Code Section 15-11-13. Such a transfer shall terminate the jurisdiction of the superior court over that case.
(c) Nothing in this Code section shall limit the authority of a superior court to transfer a case involving a juvenile capital crime to another superior court when it is determined that venue was not proper in the transferring court.
15-11-38.2 (a) As used in this Code section, the term:
(1) 'A carefully arranged and monitored home visit' means a home visit during which a youth is monitored by appropriate personnel of the Division of Youth Services designated pursuant to regulations of the director of the division.
(2) 'Intensive supervision' means the monitoring of a youth's activities on a more fre quent basis than regular aftercare supervision, pursuant to regulations of the director of the division.
(b) If a juvenile is indicted by a grand jury for any juvenile capital crime as provided for in Code Section 15-11-38.1 and if such juvenile is found to have committed such juvenile capital crime, the superior court may make an order of disposition within 20 days of the conclusion of the dispositional hearing and shall include a finding based on a preponderance of the evidence as to whether, for the purposes of this Code section, the juvenile does or does not require restrictive custody under this Code section, in connection with which the superior court shall make specific written findings of fact as to each of the elements set forth in paragraphs (1) through (5) of subsection (c) of this Code section as related to the particular juvenile. If the superior court finds that restrictive custody under this Code sec tion is not required, the order of disposition shall be as otherwise provided in this article. If the superior court finds that restrictive custody is required, it shall continue the proceeding and enter an order of disposition for restrictive custody. Every order under this Code sec tion shall be a dispositional order, shall be made after a dispositional hearing, and shall state the grounds for the order.
(c) In determining whether restrictive custody is required, the superior court shall consider:
(1) The needs and best interests of the juvenile;
(2) The record and background of the juvenile;
(3) The nature and circumstances of the offense, including whether any injury involved was inflicted by the juvenile or another participant;
(4) The need for protection of the community; and
(5) The age and physical condition of the victim.

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(d) When the order is for restrictive custody in the case of a youth found to have com mitted a juvenile capital crime:
(1) The order shall provide that:
(A) The juvenile shall be placed in the custody of the Division of Youth Services for an initial period of five years;
(B) The juvenile shall initially be confined in a youth development center for a period set by the order, to be not less than 12 nor more than 18 months; provided, however, that, where the order of the superior court is made in compliance with subsection (e) of this Code section, the juvenile shall initially be confined in a youth development center for 18 months;
(C) After the period set under subparagraph (B) of this paragraph, the juvenile shall be placed under intensive supervision for a period of 12 months; and
(D) The juvenile may not be released from a youth development center or transferred to a nonsecure facility during the period provided in subparagraph (B) of this paragraph nor may the juvenile be released from intensive supervision during the period provided in subparagraph (C) of this paragraph, unless by court order. No home visits shall be permitted during the first six-month period of confinement in a youth development center unless au thorized by the superior court except for emergency visits for medical treatment or severe illness or death in the family. All home visits must be carefully arranged and monitored while a youth is confined in a youth development center, whether such confinement is pur suant to a court order or otherwise;
(2) During the placement or any extension thereof:
(A) After the expiration of the period provided in subparagraph (C) of paragraph (1) of this subsection, the juvenile shall not be released from intensive supervision without the written approval of the director of the Division of Youth Services or his designated deputy;
(B) While in a youth development center, the juvenile may be permitted to participate in all youth development center services and programs and shall be eligible to receive spe cial medical and treatment services, regardless of the time of confinement in the youth de velopment center. After the first six months of confinement in a youth development center, a juvenile may be eligible to participate in youth development center sponsored programs including community work programs, sheltered workshops, special state sponsored programs for evaluation and services under the Division of Rehabilitation Services and Division of Mental Health, Mental Retardation, and Substance Abuse and under the general supervi sion of a youth development center staff at special planned activities outside of the youth development center;
(C) The juvenile shall not be discharged from the custody of the division unless a mo tion therefor is granted by the superior court, which motion shall not be made prior to the expiration of one year of custody; and
(D) Unless otherwise specified in the order, the division shall report in writing to the superior court not less than once every six months during the placement on the status, adjustment, and progress of the juvenile; and
(3) Upon the expiration of the initial period of placement in a youth development center, or any extension thereof, the placement may be extended on motion by the division, after a dispositional hearing, for an additional period of 12 months, provided that no initial placement or extension of custody under this Code section may continue beyond the juve nile's twenty-first birthday.
(e) When the order is for restrictive custody in the case of a youth found to have com mitted any juvenile capital crime and such youth has been found by a superior court to have committed a juvenile capital crime on a prior occasion, regardless of the age of the youth at the time of commission of such prior juvenile capital crime, the order of the superior court shall be made pursuant to subparagraph (d)(l)(B) of this Code section.
(f) The division shall retain the power to continue the confinement of the youth in a

WEDNESDAY, FEBRUARY 18, 1987

807

youth development center or other program beyond the periods specified by the superior court within the term of the order."
Section 9. Said article is further amended by striking subsection (a) of Code Section 1511-39, relating to transfers to other courts for prosecution, and inserting in its place the following:
"(a) After a petition has been filed alleging delinquency based on conduct which is des ignated a crime or public offense under the laws, including local ordinances, the court before hearing the petition on its merits may transfer the offense for prosecution to the appropri ate court having jurisdiction of the offense if:
(1) A hearing on whether the transfer should be made is held in conformity with Code Sections 15-11-28, 15-11-30, and 15-11-31;
(2) Notice in writing of the time, place, and purpose of the hearing is given to the child and his parents, guardian, or other custodian at least three days before the hearing;
(3) The court in its discretion determines there are reasonable grounds to believe that:
(A) The child committed the delinquent act alleged;
(B) The child is not committable to an institution for the mentally retarded or mentally ill; and
(C) The interests of the child and the community require that the child be placed under legal restraint and the transfer be made;
(4) The child was at least 15 years of age at the time of the alleged delinquent conduct; and
(5) The crime is not an act for which an adult convicted of that crime may be punished by confinement for life in a penal institution or by loss of life."
Section 10. All laws and parts of laws in conflict with this Act are repealed.

Senator Peevy of the 48th offered the following amendment:

Amend the substitute to SB 148 offered by the Senate Committee on Special Judiciary by adding on line 3, page 5 after the word "crime" the following:
"and no appearance bond has been set by the Superior Court".

Senator Garner of the 30th moved that SB 148 be committed to the Senate Committee on Special Judiciary.

Senator Peevy of the 48th moved the previous question.

Senator Scott of the 2nd moved that SB 148 be placed on the Table.

On the motion offered by Senator Scott of the 2nd, which motion takes precedence, 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 Baldwin Barker Barnes
San Dean
Echols English Engram

Garner Harris Harrison S Udgirf
S"^ Langford
McKenzie Newbill Olmstead

Perry Ragan
Scott of 2nd
f/ott of 36th Shumake Tate Timmons Walker

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JOURNAL OF THE SENATE

Those voting in the negative were Senators:

Albert Brannon Broun of 46th Brown of 47th Burton Coverdell Crumbley Dawkins

Deal Edge Fincher Foster Gillis Hine Howard Huggins

Land McGill Peevy Phillips Starr Stumbaugh Tolleson Tysinger

Not voting were Senators Bryant and Turner (excused).

On the motion offered by Senator Scott of the 2nd, the yeas were 29, nays 24; the motion prevailed, and SB 148 was placed on the Table.

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

HB 25. By Representatives Thomas of the 69th, Chambless of the 133rd and Waldrep of the 80th:
A bill to amend Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions applicable to superior courts, so as to provide that each judge of the superior courts shall be elected by the electors of the judicial circuit in which the judge is to serve.
Senate Sponsor: Senator Hine of the 52nd.

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

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

Those voting in the affirmative were Senators:

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

Echols Edge English Engram Fincher Foster Garner Gillis Harris Howard Huggins Kennedy Kidd Land Langford McGill McKenzie

Newbill Olmstead Peevy Perry Phillips Ragan Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Timmons Tolleson Tysinger Walker

WEDNESDAY, FEBRUARY 18, 1987

809

Those not voting were Senators:

Harrison Hine

Hudgins

Turner (excused)

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

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

HB 94. By Representatives Cox of the 141st, Patten of the 149th and Bargeron of the 108th:
A bill to amend Article 3 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, known as "The Georgia Coroner's Training Council Act", so as to change the provisions relating to the membership of the Georgia Coroner's Training Council; to change the provisions relating to the quorum of such council.
Senate Sponsor: Senator Howard of the 42nd.

The Senate Committee on Human Resources offered the following amendment to HB 94:
Amend HB 94 by adding on line 1 of page 2 after the following:
"shall",
the following:
"begin on September 1, 1987, and shall".
On the adoption of the amendment, the yeas were 33, nays 0, and the amendment was adopted.
Senator Brannon of the 51st offered the following amendment:
Amend HB 94 by adding in the title on line 5 of page 1, immediately following the semicolon and preceding the words "to change", the following:
"to authorize the Georgia Police Academy to establish a curriculum advisory committee;".
By striking from Section 1, beginning on line 25 of page 1 and continuing onto line 5 of page 2, the following:
"The five coroners appointed shall serve for terms of four years; provided, however, that the term of office of the additional coroner appointed after January 1, 1987, shall begin on September 1, 1987, and shall expire on the same date as the terms of office of the four coroners initially appointed to the council. Any person appointed to the council who ceases to serve as a coroner shall be ineligible to continue service on the council.' ",
and inserting in lieu thereof the following:
"The five coroners appointed shall serve for terms of four years. The term of office of the member initially appointed in 1987 shall begin September 1, 1987. Any person ap pointed to the council who ceases to serve as a coroner shall be ineligible to continue service on the council. The Georgia Police Academy shall establish a curriculum advisory commit tee to provide information beneficial to the development of courses at the Georgia Police Academy. Members of the committee will be selected by the superintendent of the Georgia Police Academy.'"
On the adoption of the amendment, the yeas were 33, nays 0, and the amendment was adopted.

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JOURNAL OF THE SENATE

The President announced that pursuant to Senate Rule 143, the amendment offered by Senator Brannon of the 51st would be treated as a substitute, and consideration of the amendment and the bill will be suspended and placed on the Senate General Calendar.
SB 198. By Senator Deal of the 49th:
A bill to amend Code Section 15-10-3 of the Official Code of Georgia Annotated, relating to oath and commissions of magistrates, constables, and clerks of magis trate courts, and Article 2 of Chapter 3 of Title 45 of the Official Code of Georgia Annotated, relating to commissions of public officers, so as to provide that com missions of officers of the magistrate courts shall be under the seal of the Gover nor and shall be issued by the office of the Secretary of State.
The Senate Committee on Judiciary offered the following substitute to SB 198:
A BILL
To be entitled an Act to amend Code Section 15-10-3 of the Official Code of Georgia Annotated, relating to oath and commissions of magistrates, constables, and clerks of magis trate courts, and Article 2 of Chapter 3 of Title 45 of the Official Code of Georgia Anno tated, relating to commissions of officers, so as to change certain provisions relating to the commissioners of magistrates, constables, and clerks of the magistrate courts; to provide that commissions of officers of the magistrate courts shall be under the seal of the Governor and shall be issued by the office of the Secretary of State; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 15-10-3 of the Official Code of Georgia Annotated, relating to oath and commissions of magistrates, constables, and clerks of magistrate courts, is amended by striking subsection (b) and inserting in its place a new subsection to read as follows:
"(b) (1) In the case of constables and clerks of the magistrate court, the clerk of supe rior court shall make an entry of the oath on the minutes of the superior court and the chief judge of the superior court shall issue to the officer taking the oath a certificate which shall serve as the officer's commission.
(2) In the case of magistrates, the chief judge of the superior court shall issue to the magistrate taking the oath a certificate of appointment. A copy of such certificate shall be forwarded to the office of the Secretary of State who shall issue to the magistrate a commis sion under the seal of the office of the Governor as provided for in Code Section 45-3-31."
Section 2. Article 2 of Chapter 3 of Title 45 of the Official Code of Georgia Annotated, relating to commissions of public officers, is amended by striking Code Section 45-3-31, re lating to officers commissioned under executive seal, and inserting in its place a new Code section to read as follows:
"45-3-31. The commissions of all other civil officers, except constables and clerks of magistrates courts, of the state or county shall be under the seal of the office of the Gover nor, signed by the Governor, and countersigned by one of his secretaries. All officers of the militia of the grade of lieutenant or higher shall have commissions under the seal of the office of the Governor."
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 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.

WEDNESDAY, FEBRUARY 18, 1987

811

On the passage 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 Brown of 47th Bryant Burton Coleman Crumbley Dawkins Deal Dean Echols Edge

Engram Fincher Foster Garner Harris Hine Howard Hudgins Huggins Kennedy Kidd Land Langford McGill McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Timmons Tolleson Tysinger Walker

Those not voting were Senators:

Barker Broun of 46th Coverdell

English Gillis

Harrison Turner (excused)

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

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

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

HB 241. By Representatives Porter of the 119th, Thomas of the 69th, Waldrep of the 80th, Bostick of the 138th, Smith of the 78th and others:
A bill to amend Article 1 of Chapter 4 of Title 7 of the Official Code of Georgia Annotated, relating to general provisions regarding interest and usury, so as to provide that certain post-judgment interest shall apply automatically to certain judgments and shall be collectible as a part of such judgments whether or not such judgments specifically reflect the entitlement to such interest.
Senate Sponsors: Senators Crumbley of the 17th and Deal of the 49th.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen Brannon Broun of 46th Brown of 47th

Bryant Burton Crumbley Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Garner Gillis Harris Hine

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JOURNAL OF THE SENATE

Howard Hudgins Huggins Kidd Langford McGill McKenzie

Newbill Olmstead Peevy Perry Phillips Ragan Ray

Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Tysinger

Those not voting were Senators:

Barker Coleman Coverdell Harrison

Kennedy (presiding) Land Scott of 2nd

Shumake Turner (excused) Walker

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

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

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

SB 80. By Senator Hine of the 52nd:
A bill to amend Part 11 of Article 1 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to costs to financial institutions on judicial process, so as to provide for the reimbursement of costs incurred by financial institutions in complying with requests for the production of documents when the financial institution is not a party to the proceedings.

The House substitute to SB 80 was as follows:

A BILL
To be entitled an Act to amend Part 11 of Article 1 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to costs to financial institutions on judicial pro cess, so as to provide for the reimbursement by the requesting party of costs incurred by financial institutions in complying with requests for the production of documents when the financial institution is not a party to the proceedings; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 11 of Article 1 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to costs to financial institutions on judicial process, is amended by strik ing in its entirety Code Section 7-1-237, relating to the reimbursement of costs incurred by financial institutions in complying with certain subpoenas, garnishments, and other court orders, and inserting in its place a new Code Section 7-1-237 to read as follows:
"7-1-237. Any financial institution shall be reimbursed by the requesting party for costs which are reasonably necessary and which have been directly incurred in searching for, re producing, or transporting books, papers, records, or other data of a customer required or requested to be produced pursuant to a lawful subpoena, summons, warrant, garnishment, attachment, request for the production of documents, or court order where the financial institution is not a party to the action. Except as may otherwise be ordered by a judge of the court issuing the same, a financial institution shall have five business days from service of a subpoena within which to produce any books, papers, or records ordered produced pursuant to such subpoena. In the case of a garnishment or attachment of funds held by the financial institution, such reimbursement may be deducted prior to remission of such funds in re-

WEDNESDAY, FEBRUARY 18, 1987

813

sponse to the garnishment or attachment. Rates and conditions under which reimbursement may be made under this Code section shall be prescribed by regulations of the department."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Hine of the 52nd moved that the Senate agree to the House substitute to SB 80.

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 Broun of 46th BBrroywannt of 47th Burton
Coverdell Crumbley
Dawkins Deal Dean

Echols Edge English Engram Fincher Foster Garner Harris HHoinweard Hudgins
Huggins Kidd
Land Langford McGill

McKenzie Newbill Olmstead Peevy Perry phim R "g S^caoytt of. 2nd, bcott of 36th
Starr Stumbaugh
Tate Timmons Tysinger

Those not voting were Senators:

Coleman Gillis Harrison

Kennedy (presiding) Shumake Tolleson

Turner (excused) Walker

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 80.

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

HB 326. By Representatives Walker of the 115th, Godbee of the 110th, Rainey of the 135th and others:
A bill to amend Code Section 27-1-6 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Natural Resources generally, so as to amend the provisions relating to an official waterfowl stamp.
Senate Sponsor: Senator Gillis of the 20th.

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

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

Those voting in the affirmative were Senators:

Albert Allgood

Baldwin Barker

Barnes Bowen

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JOURNAL OF THE SENATE

Brannon Broun of 46th Brown of 47th Bryant Burton Coverdell Crumbley Dawkins Deal Dean Echols Edge English Engram

Fincher Foster Garner Gillis Harris Hine Howard Hudgins Huggins Land Langford McGill McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan Ray Scott of 36th Shumake Starr Stumbaugh Tate Timmons Tolleson Tysinger

Those not voting were Senators:

Coleman Harrison Kennedy (presiding)

Kidd Scott of 2nd

Turner (excused) Walker

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

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

HB 445. By Representative Beck of the 148th:
A bill to amend Code Section 32-6-28 of the Official Code of Georgia Annotated, relating to permits for excess weight and dimensions for motor vehicles, so as to authorize the Department of Transportation to issue permits for certain vehicles carrying boats; to provide for related matters.
Senate Sponsors: Senators Turner of the 8th and Harris of the 27th.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen Brown of 47th Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean

Echols Edge English Fincher Foster Garner Gillis Harris Hine Howard Hudgins Huggins Land Langford

McGill Newbill Olmstead Perry Ragan Ray Scott of 2nd Scott of 36th Shumake Stumbaugh Tate Timmons Tolleson Tysinger

WEDNESDAY, FEBRUARY 18, 1987

815

Those not voting were Senators:

Barker S rannon Broun of 46th Engram Harrison

Kennedy (presiding) Kidd ,, T^ McKenzie Peevy

Phillips Starr Turner (excused) Walker

On the passage of the bill, the yeas were 42, nays 0.

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

HR 100. By Representatives Peters of the 2nd and Ramsey of the 3rd: A resolution authorizing the conveyance of certain state owned real property lo cated in Graysville, Catoosa County, Georgia.
Senate Sponsor: Senator Fincher of the 54th.

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 Krannon Brown of 47th Bryant
Coleman Coverdell Crumbley Dawkins Deal Dean Echols

Edge English Engram Fincher Foster Garner
Harris Hine Howard Hudgins Huggins Land Langford McGill

Newbill Olmstead Peevy Perry Phillips Rapan R
Scott of 2nd Scott of 36th Shumake Starr
Tate Timmons Tolleson Tysinger

Those not voting were Senators:

Barker Broun of 46th Harrison

Kennedy (presiding) Kidd McKenzie

Stumbaugh Turner (excused) Walker

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

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

SB 203. By Senator Deal of the 49th:
A bill to amend Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to criminal offenses involving assault and battery, so as to create the new offense of battery; to provide that a person commits the offense of battery when he intentionally causes visible bodily harm or substantial bodily harm to another; to define terms; to provide for criminal penalties.

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JOURNAL OF THE SENATE

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes
BBrawnennon BBrrownt of 47th Burton Coleman Coverdell Crumbley Deal Dean Echols

Edge English Engram Fincher Foster
GGmarinser ,,Harris Howard Hudgins Huggins Land Langford McGill McKenzie

Newbill Olmstead Perry Phillips Ragan
RScaoytt Qf 2n(J ,,Sco,t.t of, ,,3,,6.t,h Shumake Starr Stumbaugh Tate Timmons Tolleson Tysinger

Voting in the negative were Senators Dawkins and Peevy.

Those not voting were Senators:

Broun of 46th Harrison Hine

Kennedy (presiding) Kidd

Turner (excused) Walker

On the passage of the bill, the yeas were 46, nays 2.

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

SB 117. By Senator Foster of the 50th:
A bill to amend Code Section 40-5-27 of the Official Code of Georgia Annotated, relating to the examination of an applicant for a driver's license, so as to provide that an applicant born after a certain date must be able to read and write to the extent necessary to take a written test on the applicant's knowledge and under standing of traffic control devices, traffic laws, and safe driving practices.

Senators Garner of the 30th, Engram of the 34th and Langford of the 35th offered the following amendment:

Amend SB 117 by adding on line 26 after "assistance."
the following: "The written test to be administered by the Department shall be written on a sixth
grade reading level."

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

WEDNESDAY, FEBRUARY 18, 1987

817

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

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

Those voting in the affirmative were Senators:

Baldwin Barnes Bowen Brannon Brown of 47th Burton Coverdell Crumbley Deal Echols

Edge Engram Foster Garner Hine Hudgins Huggins Land Langford Newbill

Olmstead Perry Phillips Ragan Shumake Stumbaugh Tate Tolleson Tysinger

Those voting in the negative were Senators:

Albert Allgood Barker Bryant Dawkins Dean English

Fincher Gillis Harris Howard McGill McKenzie

Peevy Ray Scott of 2nd Scott of 36th Starr Timmons

Those not voting were Senators:

Broun of 46th Coleman Harrison

Kennedy (presiding) Kidd

Turner (excused) Walker

On the passage of the bill, the yeas were 29, nays 19.

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

Serving as doctor of the day today was Dr. John Gamwell of Atlanta, Georgia.

Senator Allgood of the 22nd moved that the Senate do now adjourn until 9:00 o'clock A.M. tomorrow, and the motion prevailed.

At 12:31 o'clock P.M., Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced the Senate adjourned until 9:00 o'clock A.M. tomorrow.

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Senate Chamber, Atlanta, Georgia Thursday, February 19, 1987
Twenty-seventh 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 697. By Representative Couch of the 40th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the College Park Business and Industrial Development Authority.
HB 801. By Representative Oliver of the 121st: A bill to amend an Act to create a new charter for the City of Reidsville, so as to provide for the redistricting of the city into two wards.
HB 813. By Representatives Shepard of the 71st, Mostiler of the 75th, Ware of the 77th and Bray of the 91st: A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Coweta County during designated regis tration periods as provided in Code Section 40-2-20.1 of the Official Code of Georgia Annotated.
HB 814. By Representatives Richardson of the 52nd, Childs of the 53rd, Lawrence of the 49th, Robinson of the 58th, Williams of the 54th and others: A bill to amend an Act creating and establishing a charter for the City of Decatur, so as to change the terms of members of the board of education of the City of Decatur.
HB 819. By Representatives Mostiler of the 75th and Herbert of the 76th: A bill to amend an Act providing for the salary and compensation of the chief magistrate of Spalding County, so as to change the compensation of the chief magistrate of Spalding County.
HB 820. By Representatives Mostiler of the 75th and Herbert of the 76th: A bill to provide for a board of elections for Spalding County; to define its pow ers and duties concerning primaries and elections.

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819

SB 224. By Senator Baldwin of the 29th:
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 establishment of a Downtown West Point Development Authority.
SB 225. By Senator Baldwin of the 29th:
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 Point Development Authority; to provide the authority for this Act.
SB 293. By Senator Baldwin of the 29th:
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 establishment of a Downtown LaGrange Development Authority; to provide the authority for this Act.
SB 294. By Senator Baldwin of the 29th:
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 LaGrange to in crease its bonded indebtedness, in addition to the constitutional limitation under certain circumstances, for the purpose of purchasing, repairing, or building a wa terworks system; to provide the authority for this Act.
SB 295. By Senator Baldwin of the 29th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Hogansville Development Authority; to provide the authority for this Act.
HB 625. By Representatives Brown of the 88th, Randall of the 101st, Groover of the 99th, Bostick of the 138th, Pettit of the 19th and others:
A bill to amend Article 1 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, relating to the recovery of child support, so as to authorize the De partment of Human Resources to request from certain state or local agencies or private employers certain information regarding persons owing or allegedly owing child support.
HB 501. By Representatives Long of the 142nd, Bostick of the 138th, Royal of the 144th, Sherrod of the 143rd, Hanner of the 131st and others:
A bill to amend Code Section 15-11-20 of the Official Code of Georgia Annotated, relating to placement of a deprived, abused, or neglected child in shelter care, so as to provide that placement of a child in shelter care requires approval of a juvenile court judge.
HB 775. By Representative Ramsey of the 3rd:
A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to require persons to report the spill or release of certain quantities of oil or hazardous material.
HB 623. By Representatives Randall of the 101st and Martin of the 26th:
A bill to amend Code Section 15-9-36 of the Official Code of Georgia Annotated, relating to the judge of the probate court as clerk thereof and the appointment and powers of other clerks, so as to provide that a chief clerk or clerk designated by the judge of the probate court may sign orders in uncontested matters; to provide that such clerk must have been a member of the State Bar of Georgia for

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at least three years or have been a clerk in the probate court for at least five years.
HB 35. By Representative Clark of the 55th:
A bill to amend Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, so as to provide for additional conditions for the release of a surety from liability; to provide for certain persons to whom a principal may be surrendered; to provide for conditions of forfeiture of certain appearance bonds.
HB 601. By Representatives Brooks of the 34th, Walker of the 85th, Williams of the 54th, McKinney of the 35th, Thurmond of the 67th and others:
A bill to amend Article 2 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses against public administration, so as to create a new criminal offense relating to certain prohibited acts involving false or facsimile bombs.
HB 80. By Representatives Isakson of the 21st and Adams of the 36th:
A bill to amend Code Section 50-8-101 of the Official Code of Georgia Annotated, relating to operating expenses of metropolitan area planning and development commissions, so as to clarify certain annual per resident assessments.
HB 707. By Representative Pannell of the 122nd:
A bill to amend Article 2 of Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to hospital care for nonresident indigents, so as to provide that on and after July 1, 1987, hospitals shall not be required to comply with the provisions of Article 2 of Chapter 8 of Title 31 unless the General Assembly ap propriates funds in an amount determined as the state-wide cost of care for non resident indigent patients.
HB 197. By Representatives Pannell of the 122nd, Steinberg of the 46th, Hooks of the 116th, Chambless of the 133rd, Isakson of the 21st and others:
A bill to amend Part 3 of Article 3 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses involving the sale or distribution of harmful materials to minors, so as to provide that certain descriptions or repre sentations of aggravated violence are harmful to minors; to provide a definition; to provide that it shall be unlawful to sell, loan, or otherwise disseminate to a minor certain materials containing aggravated violence.
HB 713. By Representative Moultrie of the 93rd:
A bill to amend Part 10 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to miscellaneous liens, so as to provide for the filing of liens created pursuant to Section 107(f)(3) of Title I of the federal Superfund Amendments and Reauthorization Act of 1986, P.L. 99-499, 100 STAT. 1613, 1630.
HB 616. By Representative Pettit of the 19th:
A bill to amend Code Section 36-35-4 of the Official Code of Georgia Annotated, relating to the authority of a municipal governing body to fix compensation and benefits, so as to provide a definition for certain terms.
HB 800. By Representative Thomas of the 69th:
A bill to amend Code Section 42-8-35.1 of the Official Code of Georgia Anno tated, relating to a condition of probation known as special alternative incarcera-

THURSDAY, FEBRUARY 19, 1987

821

tion, so as to provide that a trial judge may specify such condition in any pro bated sentence of not less than one year.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
SB 34. By Senator Peevy of the 48th: A bill to amend Part 1 of Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to certain privileges and confidentiality regarding certain testimony and communications of witnesses generally, so as to provide that a husband and wife shall be competent and compellable to give evidence in certain criminal proceedings.
The House has adopted by the requisite constitutional majority the following resolu tions of the House:
HR 11. By Representative Oliver of the 121st: A resolution compensating Mr. Ray R. Hodges.
HR 17. By Representative Cooper of the 20th: A resolution compensating Mr. Matthew Paul Mobley.
HR 42. By Representative Yeargin of the 14th: A resolution compensating Mr. Mickey Palmer.
The House has agreed to the Senate amendments to the following bills of the House:
HB 621. By Representatives Smith of the 16th, McKelvey of the 15th and Childers of the 15th: A bill to amend an Act creating a new charter for the City of Rome, so as to provide for an additional member of the board of education.
HB 343. By Representative Colbert of the 23rd: A bill to amend Code Section 16-11-127 of the Official Code of Georgia Anno tated, relating to the prohibition against carrying deadly weapons to public gath erings, so as to provide that magistrates may carry pistols in publicly owned or operated buildings.
The House has disagreed to the Senate substitute to the following bill of the House:
HB 79. By Representatives Alien of the 127th, Triplett of the 128th, Pannell of the 122nd, Mueller of the 126th, Kingston of the 125th and others: A bill to amend an Act making provisions for the Magistrate Court of Chatham County and abolishing the Municipal Court of Savannah, so as to change certain procedures relative to the appointment of additional magistrates.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 349. By Senator Harrison of the 37th: 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 and use of certain anatomical

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gifts although the coroner or medical examiner has jurisdiction of the body from which that gift is to be made; to provide for exceptions to that release.
Referred to Committee on Human Resources.
SB 350. By Senator Harrison of the 37th:
A bill to amend an Act reincorporating and re-creating the City of Woodstock, as amended, so as to provide for the term of office of the mayor; to provide that the same person may serve as mayor for a limit of two consecutive terms of office; to provide for applicability; to make editorial changes.
Referred to Committee on Urban and County Affairs.
SB 351. By Senator Scott of the 36th:
A bill to amend Code Section 20-2-142 of the Official Code of Georgia Annotated, relating to prescribed courses under the "Quality Basic Education Act," so as to provide that the State Board of Education shall prescribe a course of study in sex education for all grades and grade levels other than kindergarten in the public school system and shall establish standards for its administration.
Referred to Committee on Education.
SB 352. By Senator Scott of the 36th:
A bill to amend Code Section 20-2-142 of the Official Code of Georgia Annotated, relating to prescribed courses under the "Quality Basic Education Act," so as to provide that the State Board of Education shall prescribe a course of study in sex education for all grades and grade levels other than kindergarten in the public school system and shall establish standards for its administration.
Referred to Committee on Education.
SB 353. By Senator Ray of the 19th:
A bill to amend an Act to make provisions for the Magistrate Court of Dodge County so as to change the method of selection of the chief magistrate; to pro vide for the election of the chief magistrate; to provide for terms of office; to provide for vacancies; to provide for the chief magistrate in office on July 1, 1987.
Referred to Committee on Urban and County Affairs.
SB 354. By Senators Barnes of the 33rd, Harrison of the 37th, Newbill of the 56th and Tolleson of the 32nd:
A bill to amend Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts, so as to provide procedures whereby a local law may abolish a state court and merge the state court into the superior court; to provide for the full-time judges of state court to become superior court judges; to provide for a full-time elected solicitor to become a chief assistant district attorney for the prosecution of misdemeanors.
Referred to Committee on Special Judiciary.
SB 355. By Senator Deal of the 49th:
A bill to amend Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions applicable to the superior courts, so as to change the provisions relating to reimbursement of travel expenses for attend ance at meetings and for attendance at educational programs.
Referred to Committee on Judiciary.

THURSDAY, FEBRUARY 19, 1987

823

SB 356. By Senator Brannon of the 51st:
A bill to provide for the nonpartisan election of the members of the board of education and the school superintendent of Fannin County; to provide proce dures relative to the nomination and qualification of candidates for said board of education and school superintendent; to provide the form of ballots; to provide for other matters relative to the foregoing; to provide for a referendum. Referred to Committee on Urban and County Affairs.
SB 357. By Senator Coleman of the 1st:
A bill to amend Code Section 32-6-26 of the Official Code of Georgia Annotated, relating to weight of vehicles and loads, so as to provide that certain vehicles may not exceed certain weight limitations except when making a pickup or delivery on any public road of a county road system; to provide an effective date. Referred to Committee on Transportation.
SB 358. By Senator Coleman of the 1st:
A bill to amend Code Section 32-6-29 of the Official Code of Georgia Annotated, relating to the duty of the Department of Transportation to enforce laws, so as to authorize Department of Transportation enforcement officers to enforce safety rules and regulations of the Public Service Commission; to provide for an effec tive date. Referred to Committee on Transportation.
SR 151. By Senator Harrison of the 37th:
A resolution encouraging the observance of March, 1987, as "Youth Art Month". Referred to Committee on Rules.
SR 152. By Senators Crumbley of the 17th, Allgood of the 22nd, Coleman of the 1st and others:
A resolution creating the Senate Study Committee on Sentencing, Incarceration, and the Granting of Parole in Criminal Cases. Referred to Committee on Rules.
SR 154. By Senators Tate of the 38th, Allgood of the 22nd, Shumake of the 39th and Kidd of the 25th:
A resolution urging the State Board of Education to encourage certain employ ment efforts by local school superintendents. Referred to Committee on Education.
The following bills and resolutions of the House were read the first time and referred to committees:
HB 35. By Representative Clark of the 55th:
A bill to amend Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, so as to provide for additional conditions for the release of a surety from liability; to provide for certain persons to whom a principal may be surrendered; to provide for conditions of forfeiture of certain appearance bonds. Referred to Committee on Public Safety.

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HB 80. By Representatives Isakson of the 21st and Adams of the 36th:
A bill to amend Code Section 50-8-101 of the Official Code of Georgia Annotated, relating to operating expenses of metropolitan area planning and development commissions, so as to clarify certain annual per resident assessments. Referred to Committee on Urban and County Affairs (General).
HB 197. By Representatives Pannell of the 122nd, Steinberg of the 46th, Hooks of the 116th and others:
A bill to amend Part 3 of Article 3 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses involving the sale or distribution of harmful materials to minors, so as to provide that certain descriptions or repre sentations of aggravated violence are harmful to minors; to provide a definition; to provide that it shall be unlawful to sell, loan, or otherwise disseminate to a minor certain materials containing aggravated violence. Referred to Committee on Special Judiciary.
HB 501. By Representatives Long of the 142nd, Bostick of the 138th, Royal of the 144th and others:
A bill to amend Code Section 15-11-20 of the Official Code of Georgia Annotated, relating to placement of a deprived, abused, or neglected child in shelter care, so as to provide that placement of a child in shelter care requires approval of a juvenile court judge. Referred to Committee on Children and Youth.
HB 601. By Representatives Brooks of the 34th, Walker of the 85th, Williams of the 54th and others:
A bill to amend Article 2 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses against public administration, so as to create a new criminal offense relating to certain prohibited acts involving false or facsimile bombs. Referred to Committee on Judiciary.
HB 616. By Representative Pettit of the 19th:
A bill to amend Code Section 36-35-4 of the Official Code of Georgia Annotated, relating to the authority of a municipal governing body to fix compensation and benefits, so as to provide a definition for certain terms. Referred to Committee on Urban and County Affairs (General).
HB 623. By Representatives Randall of the 101st and Martin of the 26th:
A bill to amend Code Section 15-9-36 of the Official Code of Georgia Annotated, relating to the judge of the probate court as clerk thereof and the appointment and powers of other clerks, so as to provide that a chief clerk or clerk designated by the judge of the probate court may sign orders in uncontested matters; to provide that such clerk must have been a member of the State Bar of Georgia for at least three years or have been a clerk in the probate court for at least five years. Referred to Committee on Governmental Operations.
HB 625. By Representatives Brown of the 88th, Randall of the 101st, Groover of the 99th and others:
A bill to amend Article 1 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, relating to the recovery of child support, so as to authorize the De partment of Human Resources to request from certain state or local agencies or

THURSDAY, FEBRUARY 19, 1987

825

private employers certain information regarding persons owing or allegedly owing child support. Referred to Committee on Children and Youth.
HB 707. By Representative Pannell of the 122nd: A bill to amend Article 2 of Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to hospital care for nonresident indigents, so as to provide that on and after July 1, 1987, hospitals shall not be required to comply with the provisions of Article 2 of Chapter 8 of Title 31 unless the General Assembly ap propriates funds in an amount determined as the state-wide cost of care for non resident indigent patients.
Referred to Committee on Human Resources.
HB 713. By Representative Moultrie of the 93rd: A bill to amend Part 10 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to miscellaneous liens, so as to provide for the filing of liens created pursuant to Section 107(f)(3) of Title I of the federal Superfund Amendments and Reauthorization Act of 1986, P.L. 99-499, 100 STAT. 1613, 1630.
Referred to Committee on Industry and Labor.
HB 775. By Representative Ramsey of the 3rd: A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to require persons to report the spill or release of certain quantities of oil or hazardous material.
Referred to Committee on Natural Resources.
HB 800. By Representative Thomas of the 69th: A bill to amend Code Section 42-8-35.1 of the Official Code of Georgia Anno tated, relating to a condition of probation known as special alternative incarcera tion, so as to provide that a trial judge may specify such condition in any pro bated sentence of not less than one year.
Referred to Committee on Judiciary.
HR 11. By Representative Oliver of the 121st: A resolution compensating Mr. Ray R. Hodges in the sum of $4,692.74.
Referred to Committee on Appropriations.
HR 17. By Representative Cooper of the 20th: A resolution compensating Mr. Matthew Paul Mobley in the sum of $1,064.31.
Referred to Committee on Appropriations.
HR 42. By Representative Yeargin of the 14th: A resolution compensating Mr. Mickey Palmer in the sum of $1,227.00.
Referred to Committee on Appropriations.
HB 697. By Representative Couch of the 40th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the College Park Business and Industrial Development Authority.
Referred to Committee on Urban and County Affairs.

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HB 801. By Representative Oliver of the 121st:
A bill to amend an Act to create a new charter for the City of Reidsville, so as to provide for the redistricting of the city into two wards. Referred to Committee on Urban and County Affairs.

HB 813. By Representatives Shepard of the 71st, Mostiler of the 75th, Ware of the 77th and Bray of the 91st:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Coweta 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 814. By Representatives Richardson of the 52nd, Childs of the 53rd, Lawrence of the 49th and others:
A bill to amend an Act creating and establishing a charter for the City of Decatur, so as to change the terms of members of the board of education of the City of Decatur.
Referred to Committee on Urban and County Affairs.

HB 819. By Representatives Mostiler of the 75th and Herbert of the 76th:
A bill to amend an Act providing for the salary and compensation of the chief magistrate of Spalding County, so as to change the compensation of the chief magistrate of Spalding County.
Referred to Committee on Urban and County Affairs.

HB 820. By Representatives Mostiler of the 75th and Herbert of the 76th:
A bill to provide for a board of elections for Spalding County; to define its pow ers and duties concerning primaries and elections. Referred to Committee on Urban and County Affairs.

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

Mr. President:

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

HB 87. Do pass by substitute.

HB 649. Do pass as amended.

HB 553. Do pass.

HB 678. Do pass.

HB 619. Do pass.

Respectfully submitted,

Senator Hudgins of the 15th District, Chairman

Mr. President:

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

SB 278. Do pass as amended.

HB 335. Do pass.

SB 287. Do pass.

HB 515. Do pass.

THURSDAY, FEBRUARY 19, 1987

827

Respectfully submitted, Senator Scott of the 2nd District, Chairman

Mr. President:

The Committee on Defense and Veterans Affairs has had under consideration the fol lowing bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 402. Do pass.
Respectfully submitted,
Senator Bryant of the 3rd District, Chairman

Mr. President:

The Committee on Human Resources has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 96. Do pass by substitute. SB 289. Do pass. SB 315. Do pass.
Respectfully submitted,
Senator Howard of the 42nd District, Chairman

Mr. President:

The Committee on Judiciary has had under consideration the following bills of the Sen ate and House and has instructed me to report the same back to the Senate with the follow ing recommendations:
SB 113. Do pass by substitute. HB 365. 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 Sen ate and House and has instructed me to report the same back to the Senate with the follow ing recommendations:

SB 204. Do pass by substitute.

SB 334. Do pass.

SB 339. Do pass.

HB 590. Do pass.

Respectfully submitted,

Senator Deal of the 49th District, Chairman

Mr. President:

The Committee on Rules has had under consideration the following resolutions of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SR 75. Do pass as amended.

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SR 92. Do pass as amended. SR 144. Do pass as amended.
Respectfully submitted, Senator Dean of the 31st 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 13. Do pass.

SR 117. Do pass.

SR 91. Do pass.

HR 98. Do pass.

Respectfully submitted,

Senator Dean of the 31st District, Chairman

The following communication from Lieutenant Governor Miller, President of the Sen ate, was received and read by the Secretary:

The State Senate Atlanta, Georgia 30334
February 18, 1987
Hamilton McWhorter, Jr. Secretary of the Senate 353 State Capitol Atlanta, GA 30334
Dear Hamilton:
Due to a death in the family of Senator Turner of the 8th, Chairman of the Urban and County Affairs Committee, I hereby designate Senator Tolleson of the 32nd, Vice Chairman, to preside over the meetings of the Urban and County Affairs Committee scheduled for February 19th and 20th at 8:30 a.m. and to consider any local bills before the Committee.
Sincerely,
/s/ Zell Miller

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

Mr. President:

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

SB 328. Do pass.

HB 684. Do pass.

SB 329. Do pass.

HB 723. Do pass by substitute.

SB 337. Do pass.

HB 734. Do pass.

SB 338. Do pass.

HB 750. Do pass.

HB 682. Do pass.

HB 786. Do pass.

HB 683. Do pass.

HB 788. Do pass.

Respectfully submitted,

Senator Tolleson of the 32nd District, Vice Chairman

THURSDAY, FEBRUARY 19, 1987

829

The following bills and resolutions of the Senate and House were read the second time:
SB 53. By Senator Phillips of the 9th:
A bill to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to change the provisions relating to the offense of pandering; to redefine the offense of pandering.
SB 73. By Senator Deal of the 49th:
A bill to amend Chapter 9 of Title 9 of the Official Code of Georgia Annotated, relating to arbitration, so as to repeal certain provisions relative to common-law arbitration; to repeal certain provisions relating to special statutory provisions relative to arbitration; to extend certain provisions relative to arbitration of con struction contracts to agreements to arbitrate generally.
SB 121. By Senators Barnes of the 33rd, McKenzie of the 14th and Dean of the 31st:
A bill to amend Article 1 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to parent and child relationships, so as to provide for the reporting of actual or suspected juvenile drug use; to provide for immunities and exemptions; to provide for criminal penalties; to amend Article 2 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to records of child abuse and deprivation, so as to provide that such article shall apply to child con trolled substance or marijuana abuse.
SB 255. By Senator Allgood of the 22nd:
A bill to amend Article 1 of Chapter 2 of Title 53 of the Official Code of Georgia Annotated, relating to wills in general, so as to provide for the construction of certain wills containing a formula or other provision providing that the spouse is to receive the maximum amount of property qualifying for the marital deduction under federal law; to provide for actions for the construction of such wills.
SB 302. By Senator Allgood of the 22nd:
A bill to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to change the provisions relat ing to indemnification of directors, officers, employees, or agents of certain corpo rations; to provide for advancement of certain expenses; to provide for continua tion of indemnification and advancement of expenses.
SB 313. By Senators Foster of the 50th and Deal of the 49th:
A bill to amend Chapter 2 of Title 39 of the Official Code of Georgia Annotated, relating to the regulation of child labor, so as to provide that employment certifi cates may not be issued for minors under 16 years of age unless they receive a passing grade in all subjects of their core curriculum; to provide for the revoca tion of employment certificates for minors who fail to receive a passing grade in any subject of their core curriculum.
SB 316. By Senators Allgood of the 22nd, Kennedy of the 4th, Gillis of the 20th and others:
A bill to amend Code Section 20-2-915 of the Official Code of Georgia Annotated, relating to coverage for retiring public school employees and their dependents under the public school employees health insurance plan, so as to authorize cov erage under said health insurance plan for retired former public school employ ees and retired former employees of a community college operated and funded by a local school system and their spouses and dependent children.

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SB 336. By Senators Coleman of the 1st, Scott of the 2nd and Bryant of the 3rd:
A bill to amend Code Section 36-63-11 of the Official Code of Georgia Annotated, relating to the construction of the "Resource Recovery Development Authorities Law," so as to provide that the sale or disposition of any useful form of energy produced by a project shall not be subject to the provisions of "The Georgia Cogeneration Act of 1979"; to provide an effective date.
SR 99. By Senators Langford of the 35th, Scott of the 36th and Tate of the 38th:
A resolution proposing an amendment to the Constitution to authorize any mu nicipality of this state having a population of 400,000 or more according to the United States decennial census of 1980 or any future such census to incur an additional $8 million per annum in bonded indebtedness without the necessity of a referendum.
SR 120. By Senators Bryant of the 3rd and Echols of the 6th:
A resolution authorizing the conveyance of certain state owned real property lo cated in Glynn County, Georgia, to the City of Brunswick and the acceptance of certain real property owned by the City of Brunswick located in Glynn County, Georgia, in consideration therefor; to provide an effective date.
SR 145. By Senators Gillis of the 20th and Harris of the 27th:
A resolution electing Mr. Roger F. Kahn of Fulton County as a member of the State Election Board.
HB 21. By Representatives Thomas of the 69th, Chambless of the 133rd and Waldrep of the 80th:
A bill to amend Part 3 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to rural telephone cooperatives, so as to provide that fees charged to a rural telephone cooperative by the clerk of superior court or the Secretary of State shall be the same as fees charged to other corporations for like

HB 73. By Representatives Cox of the 141st, Patten of the 149th and Greene of the 130th:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions concerning torts, so as to limit the liability of goodfaith donors or gleaners of canned or perishable food, apparently fit for human consumption, to bona fide charitable or nonprofit organizations for free distribution.
HB 92. By Representative Couch of the 40th:
A bill to amend Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to penal institutions in general, so as to provide that if any inmate of any institution injures or contacts an officer or other person in such a manner as to present a possible threat of transmission of a communicable disease, then the warden, jailer, or other appropriate official may take all reasonable steps to de termine whether the inmate has a communicable disease.
HB 117. By Representative Bostick of the 138th:
A bill to amend Code Section 17-7-91 of the Official Code of Georgia Annotated, relating to establishing and fixing dates for arraignment and trial, so as to pro vide that a notice of the date of arraignment shall be mailed at least ten days prior to such arraignment date.

THURSDAY, FEBRUARY 19, 1987

831

HB 209. By Representatives Chambless of the 133rd, Smyre of the 92nd, Thomas of the 69th, Robinson of the 96th, Pannell of the 122nd and others:
A bill to amend Chapter 2 of Title 14 of the Official Code of Georgia Annotated, relating to business corporations, so as to change the provisions relating to in demnification of directors, officers, employees, or agents of business corporations; to provide for advancement of certain expenses; to provide for continuation of indemnification and advancement of expenses.

HB 275. By Representative Colbert of the 23rd:
A bill to amend an Act providing for volunteer legal service agencies in certain counties so as to change certain fees.

HB 378. By Representatives Murphy of the 18th, Thomas of the 69th, Connell of the 87th and others:
A bill to amend Code Section 28-4-4 of the Official Code of Georgia Annotated, relating to the legislative counsel, so as to provide for the election of the legisla tive counsel by the Legislative Services Committee.

HB 399. By Representatives Triplett of the 128th, Jackson of the 9th, Holcomb of the 72nd and Birdsong of the 104th:
A bill to amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to the uniform rules of the road, so as to make it unlawful for trucks equipped with more than six wheels to operate in certain lanes on certain high ways; to make it unlawful for persons to impede normal traffic flow.

HB 466. By Representatives Colwell of the 4th, Hays of the 1st, Snow of the 1st and others:
A bill to amend Code Section 16-11-131 of the Official Code of Georgia Anno tated, relating to the prohibition of possession of firearms by convicted felons, so as to prohibit any person who is on probation as a first offender from receiving, possessing, or transporting any firearm.

HB 521. By Representative Connell of the 87th:
A bill to amend Code Section 36-37-6 of the Official Code of Georgia Annotated, relating to the sale of municipal property by sealed bids or auction generally, so as to provide an exception to such procedures for the sale of certain properties no longer needed for road purposes.

HR 64. By Representatives Smyre of the 92nd, Mangum of the 57th, Benefield of the 72nd and Lawson of the 9th:
A resolution creating the Governor's Task Force on Adult Literacy.

HR 133. By Representatives Crosby of the 150th and Dixon of the 151st:
A resolution authorizing the State of Georgia, acting by and through its State Properties Commission, to grant to the City of Waycross an easement upon and under certain real property owned by the State of Georgia in Ware County, Geor gia, for the construction, installation, operation, maintenance, repair and im provement of certain water service facilities.

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

Allgood Baldwin

Barker Barnes

Bowen Brown of 47th

832

JOURNAL OF THE SENATE

Bryant Burton Coleman Crumbley Cabins
iDE:ceehaaolnls Edgg English Garner Gillis Harris

Harrison Mine Howard Hudgins Kennedy
KTLaidndd, Langford McGill McKenzie Newbill Olmstead

Peevy Perry Phillips Ragan Ray
SS,, ctaortrt of 36th Stumbaugh Tate Timmons Tolleson Tysinger

Those not answering were Senators:

Albert Brannon Broun of 46th Coverdell

Engram Fincher Foster Huggins

Scott of 2nd Shumake Turner (excused) Walker

Senator Harris of the 27th moved that Senator Turner of the 8th be excused from all Senate roll calls today due to the funeral of his mother.

On the motion, the yeas were 38, nays 0; the motion prevailed, and Senator Turner of the 8th was excused from all Senate roll calls in the Senate today.

Senator Peevy of the 48th introduced the chaplain of the day, Reverend W.C. Corley, pastor of the First Baptist Church, Lawrenceville, Georgia, who offered scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 153. By Senators Harris of the 27th, Bowen of the 13th, Timmons of the llth and others:
A resolution expressing tribute to Honorable Kyle T. Cobb.

SR 155. By Senator Brannon of the 51st: A resolution commending Reverend Clay Stephens.

SR 156. By Senator Phillips of the 9th: A resolution wishing a speedy recovery to Honorable Charles C. Martin.

Senator Perry of the 7th moved that the following bill of the Senate be withdrawn from the Senate Committee on Judiciary and committed to the Senate Committee on Public Safety:

SB 209. By Senators Perry of the 7th, Ray of the 19th and Turner of the 8th:
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 five grams or more of pure cocaine, commonly known as "crack," shall constitute a crime; to provide for penalties.

On the motion, the yeas were 25, nays 6; the motion prevailed, and SB 209 was with-

THURSDAY, FEBRUARY 19, 1987

833

drawn from the Senate Committee on Judiciary and committed to the Senate Committee on Public Safety.
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 19, 1987
TWENTY-SEVENTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 328 McKenzie, 14th Schley County
Amends Act providing for Board of Education for the Schley County School District; provides for election of members of Board of Education for county district; describes the districts; provides for filling vacancies; provides for qualifications.
SB 329 McKenzie, 14th City of Oglethorpe Macon County
Amends Act creating new charter for city; changes length of term of office of mayor and council.
SB 337 Baldwin, 29th Troup County
Continues amendment authorizing governing authority of county to assess and collect license fees from all businesses in county outside corporate limits of any municipality.
SB 338 Baldwin, 29th City of West Point Troup County
Continues amendment authorizing city to increase its bonded indebtedness for the purpose of flood protection.
HB 682 Brannon, 51st Fincher, 54th Whitfield County
Continues amendment providing for division of county into school districts and for election of members of Board of Education from such districts; pro vides for election of school superintendent by Board of Education.
HB 683 Brannon, 51st Fincher, 54th City of Dalton Whitfield County
Continues amendment granting a $10,000.00 homestead exemption from mu nicipal ad valorem taxation to each resident of city who is 62 years of age or over or is totally disabled and who meets certain income qualifications.

834

JOURNAL OF THE SENATE

HB 684 Brannon, 51st Fincher, 54th Whitfield County Continues amendment increasing amount of each homestead exemption from ad valorem taxation of each resident of county to $10,000.00 from $2,000.00 for the purposes of all county taxes, except county school district taxes and taxes to retire bonded indebtedness.
*HB 723 Phillips, 9th Peevy, 48th Gwinnett County Provides additional judge for State Court of county (SUBSTITUTE)
HB 734 Crumbley, 17th City of Jenkinsburg Butts County Provides new charter for Town of Jenkinsburg.
HB 750 Brannon, 51st Fincher, 54th City of Tunnel Hill Whitfield County Provides new charter for city.
HB 786 Dean, 31st Paulding County Continues amendment authorizing General Assembly to provide by law that the governing authority of county may establish and administer fire protec tion districts within the bounds of said county and levy taxes or special as sessments therefor.
HB 788 Dean, 31st City of Dallas Paulding County Continues amendment creating City of Dallas Parking Authority.
The substitute to the following bill was put upon its adoption:
*HB 723:
The Senate Committee on Urban and County Affairs offered the following substitute to HB 723:
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 provide for an additional judge for the State Court of Gwinnett County; to provide for mat ters relative thereto; to provide for the title of chief judge; to provide duties and responsibil ities of the chief judge; 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-

THURSDAY, FEBRUARY 19, 1987

835

proved March 23, 1977 (Ga. L. 1977, p. 3331), as amended, is amended by striking subsec tion (a) of Section 13 and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Until July 1, 1987, there shall be two judges of the State Court of Gwinnett County. Effective July 1, 1987, there shall be three judges of the State Court of Gwinnett County. The two judges of the state court in office on July 1, 1987, shall continue to serve the terms of office to which they were elected. The third judge added effective July 1, 1987, shall be appointed by the Governor for an initial term of office ending on December 31, 1988, and until his successor is elected and qualified. The judges of the State Court of Gwin nett County shall be elected by the qualified voters of Gwinnett County at the same time and under the same rules and regulations as other county officers are elected. Successors to the two elected judges in office on July 1, 1987, and to the one judge appointed by the Governor pursuant to this Act shall be elected at the general election immediately preceding the expiration of their terms of office and shall take office on the first business day of Janu ary immediately following the election for terms of four years each and until their successors are elected and qualified."
Section 2. Said Act is further amended by striking Section 13.1 and inserting in its place a new Section 13.1 to read as follows:
"Section 13.1. Administration of court; appointments. The judge of said court senior in length of continuous service as a state court judge shall be the chief judge and shall be responsible for the administration and expeditious disposition of the business of the state court and shall have power to make such rules as he shall deem necessary or proper for such purpose but not in conflict with the general laws of this state, which rules shall be binding upon the other judge or judges of the state court. He shall be vested with the power to make all appointments whenever the law provides for the state court judge to make appointments."
Section 3. This Act shall become effective on July 1, 1987, except that the Governor is authorized to appoint the additional judge added by Section 1 of this Act prior to such date, but any person so appointed shall not take office until such date.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 41, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the 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 BrB> orawnennon Broun of 46th Brown of 47th Coleman
Coverdell
Crumbley Dawkins
Deal

Dean Echols Edge English Foster G/GTiailirh-nser Harris Harrison Hine
Howard
Hudgins Huggins
Kennedy

Kidd Land McGill Olmstead Perry DR,, agan ,. 0 , ^cott of 2nd Scott of 36th Shumake
Stumbaugh
Tate Tolleson
Tysinger

836

JOURNAL OF THE SENATE

Those not voting were Senators:

Bryant
Burton Engram Fincher
Langford

McKenzie
Newbill Peevy Phillips
Ray

Starr Timmons
Turner (excused) 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 HB 723, having received the requisite constitutional majority, were passed.

HB 723, having received the requisite constitutional majority, was passed by substitute.

SENATE RULES CALENDAR
Thursday, February 19, 1987
TWENTY-SEVENTH LEGISLATIVE DAY
SB 274 Probate Court Judge, Certain Counties--eligibility requirements (SUBSTI TUTE) (AMENDMENT) (GOV OP--33rd) (Pursuant to SENATE Rule 143, final passage of the bill was suspended.)
HR 101 Taliaferro County--conveyance of certain state owned property to Georgia Power (PUB U--24th)
SB 197 Magistrates--change provisions on minimum salaries (SUBSTITUTE) (JUDY--49th)
SB 282 Improperly Parked Vehicle in Certain Counties--change population provisions (U&CA G--2nd)
HB 338 Superior Court Judges--establishment of law libraries (JUDY--29th) HB 131 Jailer's Oath--change provisions (PUB SAP--49th) HB 522 Police Officer Memorial Day--declare May 15 each year (PUB SAF--13th)
HB 70 Motor Vehicle Insurance--revise penalty for failure to comply with requirements (SUBSTITUTES) (AMENDMENT) (INS--55th) (Pursuant to SENATE Rule 143, final passage of the bill was suspended.)
HB 94 Coroner's Training Council--membership (AMENDMENTS) (HUM R--42nd) (Pursuant to SENATE Rule 143, final passage of the bill was suspended.)
HB 169 Certain Controlled Substances and Dangerous Drugs--change listing (HUM R--54th)
HB 641 Diseases in Poultry--control and prevention (AG--19th)
HB 44 Gwinnett Judicial Circuit--create new fifth judgeship (S JUDY--48th) HB 154 State Properties Commission--expense allowance for citizen members (PUB
U--2nd)
SB 133 Workers' Compensation--redefine occupational disease (SUBSTITUTE) (I&L--45th)
HB 182 Griffin Judicial Circuit--additional judge (JUDY--34th) HB 1 Tort Reform--provide (SUBSTITUTE) (JUDY--49th) SB 248 Landlord--unlawful to suspend furnishing utilities (SUBSTITUTE)
(I&L--52nd)
HB 38 Dietitians, Dietetic Counselors--definitions (HUM R--42nd)

THURSDAY, FEBRUARY 19, 1987

837

HB 291 Writs of Possession--removal of tenant's mobile home, trailer or other transport able housing (JUDY--49th)
SB 290 Certain Agricultural Pursuits--regulated by Commissioner of Agriculture (AG--24th)
HB 45 County, Municipal, School Bonds--investment, reinvestment (U&CA G--9th)
HB 135 Practice of Psychology--change certain license requirements (HUM R--25th)
SB 166 Executive Branch Publications--repeal requirement of certain information on cover (I&L--45th)
SR 114 Tobacco Growers--purchase poundage allotments from flue-cured tobacco allot ments (AG--6th)
HR 60 Forestry Commission--transferring certain structure to Fannin County Board of Commissioners (PUB U--51st)
HB 19 Supreme Court--consist of seven Justices (JUDY--49th)
SB 263 Governing Authority, Cities with Certain Population--mayor enter into contracts certain property (U&CA G--35th)
Respectfully submitted,
/s/ Nathan Dean Dean of the 31st, Chairman Senate Rules Committee

The following general bill of the Senate, having been read the third time and final ac tion suspended on February 17, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was put upon its passage:

SB 274. By Senator Barnes of the 33rd:
A bill to amend Code Section 15-9-4 of the Official Code of Georgia Annotated, relating to additional eligibility requirements for the office of judge of the pro bate court in certain counties, so as to change the eligibility requirements for the office of judge of the probate court in certain counties.

The substitute to SB 274 offered by Senator Barnes of the 33rd and adopted as amended by the amendment offered by Senator Scott of the 2nd on February 17, as they appear in the Journal of February 17, was automatically reconsidered and put upon its adoption.

On the adoption of the substitute, the yeas were 35, nays 0, and the substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Broun of 46th Bryant

Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols

Edge English Foster Garner Gillis Harris Harrison Hine

838

JOURNAL OF THE SENATE

Howard Hudgins Kennedy Kidd Land McGill

Newbill Olmstead Peevy Perry Ragan Scott of 2nd

Scott of 36th Stumbaugh Tate Tolleson Tysinger Walker

Those voting in the negative were Senators:

Brannon

Huggins

Shumake

Those not voting were Senators:

Brown of 47th Engram Fincher Langford

McKenzie Phillips Ray

Starr Timmons Turner (excused)

On the passage of the bill, the yeas were 42, nays 3.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following general resolution of the House, favorably reported by the committee, was read the third time and put upon its adoption:

HR 101. By Representative Ricketson of the 82nd: A resolution authorizing the conveyance of certain state owned real property lo cated within Taliaferro County, Georgia, to the Georgia Power Company.
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 Bowen Brannon Broun of 46th BrBBjruroyrwtaonnnt. of 47th
Coverdell Crumbley
Dawkins Deal Dean Echols

Edge English Engram Fincher Foster Garner Gillis HTHHToaarwrrniassrodn
Hudgins Huggins
Kennedy Kidd Land Langford

McGill Newbill Olmstead Peevy Perry Phillios Raean cScott of, 02nd, Scott of 36th
Shumake Stumbaugh
Tate Tolleson Tysinger Walker

THURSDAY, FEBRUARY 19, 1987

839

Those not voting were Senators:

Barnes Coleman Hine

McKenzie Ray Starr

Timmons Turner (excused)

On the adoption of the resolution, the yeas were 47, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

The following general bill of the Senate, having been read the third time on February 17 and postponed until February 18, was put upon its passage:

SB 197. By Senator Deal of the 49th:
A bill to amend Code Section 15-10-23 of the Official Code of Georgia Annotated, relating to compensation of judges of the magistrate courts, so as to change pro visions relating to the minimum salaries of magistrates.

Senator Deal of the 49th moved that SB 197 be committed to the Senate Committee on Judiciary.

On the motion, the yeas were 41, nays 0; the motion prevailed, and SB 197 was commit ted to the Senate Committee on Judiciary.

The following general bill of the Senate, having been read the third time on February 17 and postponed until February 18, was put upon its passage:

SB 282. By Senators Scott of the 2nd and Coleman of the 1st:
A bill to amend Chapter 1 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions affecting property, so as to change population pro visions concerning restrictions upon certain municipalities in the removal of im properly parked vehicles; to provide an effective date.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes
Bowen Broun of 46th
^CCorruflemmnbtaleny Dawkins Deal Dean Echols

Foster Gillis Hine
Howard Hudgins
KTK^le-dnJdJnedy Langford McGill McKenzie Perry

Ragan Ray Scott of 2nd
Scott of 36th Shumake
SS0*ttuarmr bv.aughu Tate Timmons Tolleson Walker

Those voting in the negative were Senators:

Albert Baldwin Brannon Brown of 47th Burton

Coverdell Edge English Engram Fincher

Garner Harris Harrison Huggins Land

840

JOURNAL OF THE SENATE

Newbill Olmstead

Peevy Phillips

Tysinger

Not voting was Senator Turner (excused).

On the passage of the bill, the yeas were 34, nays 20.

The bill, having received the requisite constitutional majority, was passed.

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 338. By Representative Groover of the 99th:
A bill to amend Chapter 15 of Title 36 of the Official Code of Georgia Annotated, relating to county law libraries, so as to provide for the establishment of law libraries for judges of superior courts.
Senate Sponsor: Senator Baldwin of the 29th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon BnBBrrrooywuannntoofff 446r7,tithLh
Coverdell

English Engram Fincher Foster Garner Gillis Harris HTHHToiunwdegairndjs
Huggins

Crumbley Dawkins

Kennedy Kidd

Deal

Land

Dean

Langford

Echols

McGill

Edge

McKenzie

Voting in the negative was Senator Burton.

Newbill Olmstead Peevy Perry Phillips Ragan ^ 0o,S,ccoo.,tt.,tt ooetf. 02,,3,,n6,dt,,h Shumake
Starr Stumbaugh Tate Timmons Tysinger Walker

Those not voting were Senators:

Coleman Harrison

Tolleson

Turner (excused)

On the passage of the bill, the yeas were 50, nays 1.

The bill, having received the requisite constitutional majority, was passed.

HB 131. By Representatives Jackson of the 9th, Colwell of the 4th and Hays of the 1st:
A bill to amend Article 1 of Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions relative to jails, so as to change the provisions relating to the oath of jailers.
Senate Sponsor: Senator Deal of the 49th.

THURSDAY, FEBRUARY 19, 1987

841

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the 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 Broun of 46th Brown of 47th Bryant Burton Coverdell Crumbley Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Garner Gillis Harris Hine Howard Hudgins Huggins Kennedy Land Langford McGill

McKenzie Newbill Olmstead Peevy Perry Phillips Ragan Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Timmons

Those not voting were Senators:

Baldwin Barker Brannon Coleman

Harrison Kidd Tolleson

Turner (excused) Tysinger Walker

On the passage of the bill, the yeas were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 522. By Representatives Murphy of the 18th, Coleman of the 118th, Clark of the 13th and others:
A bill to amend Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observances, so as to declare May 15 of each year as "Police Officer Memorial Day" and the calendar week in which it falls as "Police Week".

Senate Sponsor: Senator Bowen of the 13th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bowen Brannon Broun of 46th

Brown of 47th Bryant Burton Coverdell Dawkins Deal Dean

Echols Edge English Engram Fincher Foster Garner

842

JOURNAL OF THE SENATE

Gillis Harris Hine

Newbill Olmstead Peevy Perry

Scott of 36th Shumake Starr Stumbaugh

Lan(j Langford McKenzie

Ragan Ray Scott of 2nd

Those not voting were Senators:

Allgood Coleman Crumbley

Harrison Muggins Kidd

On the passage of the bill, the yeas were 46, nays 0.

Timmons Tysinger Walker
McGill Tolleson Turner (excused)

The bill, having received the requisite constitutional majority, was passed.
The following general bill of the House, having been read the third time and final ac tion suspended on February 18, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage:

HB 70. By Representatives Jackson of the 9th, Bostick of the 138th, Kingston of the 125th, Porter of the 119th, Carter of the 146th and others:
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 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.
Senate Sponsor: Senator Stumbaugh of the 55th.

The substitute to HB 70 offered by Senator Stumbaugh of the 55th on February 18, and adopted as amended by the amendment offered by Senator Stumbaugh of the 55th on February 18, as they appear in the Journal of February 18, was automatically reconsidered and put upon its adoption.

On the adoption of the substitute, the yeas were 34, nays 0, and the substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon

Broun of 46th Brown of 47th Bryant Burton Coverdell Crumbley Dawkins

Deal Dean Echols Edge English Engram Fincher

THURSDAY, FEBRUARY 19, 1987

843

Foster Gillis Harris Hine Howard Hudgins Huggins Kennedy Land

Langford McKenzie Newbill Olmstead Peevy Perry Phillips Ragan Ray

Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Timmons Tysinger Walker

Those not voting were Senators:

Coleman Garner Harrison

Kidd McGill

Tolleson Turner (excused)

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following general bills of the House and Senate, favorably reported by the commit tees, were read the third time and put upon their passage:

HB 169. By Representatives Parham of the 105th, Parrish of the 109th, Cooper of the 20th, Atkins of the 21st and Twiggs of the 4th:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change the listing of certain controlled substances and dangerous drugs; to make certain activities illegal and provide penalties therefor.
Senate Sponsor: Senator Fincher of the 54th.

Senator Gillis of the 20th offered the following amendment: Amend HB 169 by striking on page 4, line 19, the following: "(928.1) Suprofen;".

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 Bowen Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell

Crumbley Dawkins Deal Dean Echols Edge English Engram Fincher Gillis Harris

Hine Howard Hudgins Huggins Kennedy Land Langford McGill McKenzie Newbill Olmstead

844

JOURNAL OF THE SENATE

Peevy Perry Phillips Ragan

Ray Scott of 2nd Scott of 36th Shumake

Starr Tate Tysinger Walker

Those not voting were Senators:

Barnes Brannon Foster Garner

Harrison Kidd Stumbaugh

Timmons Tolleson Turner (excused)

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 641. By Representatives Reaves of the 147th, Royal of the 144th, Patten of the 149th and others:
A bill to amend Article 1 of Chapter 4 of Title 4 of the Official Code of Georgia Annotated, relating to the control of infectious or contagious diseases in live stock, so as to provide for the control and prevention of diseases in poultry.
Senate Sponsor: Senator Ray of the 19th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen Brannon Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean

Echols Edge English Engram Fincher Foster Garner Gillis Harris Hine Howard Hudgins Huggins Kennedy Land Langford

McGill McKenzie Newbill Olmstead Perry Phillips Ragan Ray Scott of 36th Shumake Starr Stumbaugh Tate Timmons Tysinger Walker

Those not voting were Senators:

Barker Harrison Kidd

Peevy Scott of 2nd

Tolleson Turner (excused)

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

THURSDAY, FEBRUARY 19, 1987

845

Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair.

HB 44. By Representatives Wall of the 61st, Bannister of the 62nd, Pittman of the 60th, Barnett of the 59th, Goodwin of the 63rd and others:
A bill 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 create a new fifth judgeship for the Gwinnett Judicial Circuit.
Senate Sponsor: Senator Peevy of the 48th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen Brannon Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell Dawkins Deal Dean Echols

Edge English Engram Fincher Foster Garner Harris Harrison Hine Howard Hudgins Huggins Land Langford McGill McKenzie

Newbill Olmstead Peevy Perry Phillips Ragan Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Tysinger Walker

Those not voting were Senators:

Barker Crumbley Gillis

Kennedy (presiding) Kidd

Shumake Turner (excused)

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 154. By Representative Colwell of the 4th:
A bill to amend Code Section 50-16-32 of the Official Code of Georgia Annotated, relating to the State Properties Commission, so as to change the provisions relat ing to the expense allowance and travel cost reimbursement for citizen members of the commission.
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:

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Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen rB> rannon BBrroowunn ooff 4467tthh Bryant
Burton
Coverdell Dawkins
Deal Dean

Echols Edge English Engram Fincher Foster G/-i iMlhI-s HHianrerison Howard
Hudgins
Huggins Land
Langford McGill

McKenzie Newbill Peevy Perry phim Razan RIvagall "Scaoytt. of, ,,2nd, Starr
Stumbaugh
Tate Tolleson
Tysinger Walker

Those not voting were Senators:

Coleman Crumbley Garner Harris

Kennedy (presiding) Kidd Olmstead Scott of 36th

Shumake Timmons Turner (excused)

On the passage of the bill, the yeas were 44, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 133. By Senator Dawkins of the 45th:
A bill to amend Article 8 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation for occupational diseases, so as to change the definition of occupational disease; to change the conditions under which death or disability from an occupational disease are compensable; to delete the provision relative to aggravation of an occupational disease.

The Senate Committee on Industry and Labor offered the following substitute to SB 133:

A BILL
To be entitled an Act to amend Article 8 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation for occupational diseases, so as to change the definition of occupational disease; to change the conditions under which death or disablement from an occupational disease are compensable; to provide the time limit for filing a claim for disablement from an occupational disease; to provide for determination of the amount of compensation; to delete the provision relative to aggravation of an occupa tional disease; to provide for the payment of compensation to certain relatives of a deceased employee; to delete the provision relating to exposure occurring prior to April 30, 1946; to change the provision relating to the exclusive liability of employers, in keeping with other amendments; to delete provisions establishing a medical review board and proceedings before such board; to provide for independent medical examinations and reports when med ical questions are in controversy; to provide for autopsies to be ordered and performed in certain circumstances; to delete certain provisions relative to asbestosis and silicosis; to pro vide 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. Article 8 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated,

THURSDAY, FEBRUARY 19, 1987

847

relating to workers' compensation for occupational diseases, is amended by striking in its entirety Code Section 34-9-280, relating to the definitions of occupational diseases, and in serting in lieu thereof a new Code Section 34-9-280 to read as follows:
"34-9-280. As used in this article, the term:
(1) 'Disablement' means the event of an employee becoming actually disabled to work, as provided in Code Sections 34-9-261, 34-9-262, and 34-9-263, because of occupational disease.
(2) 'Occupational disease' means those diseases which arise out of and in the course of the particular trade, occupation, process, or employment in which the employee is exposed to such disease, provided the employee or the employee's dependents first prove to the satis faction of the State Board of Workers' Compensation all of the following:
(A) A direct causal connection between the conditions under which the work is per formed and the disease;
(B) That the disease followed as a natural incident of exposure by reason of the employment;
(C) That the disease is not of a character to which the employee may have had substan tial exposure outside of the employment;
(D) That the disease is not an ordinary disease of life to which the general public is exposed;
(E) That the disease must appear to have had its origin in a risk connected with the employment and to have flowed from that source as a natural consequence.
For the purposes of this paragraph, partial loss of hearing due to noise shall not be considered an occupational disease. Psychiatric and psychological problems and heart and vascular diseases shall not be considered occupational diseases, except where they arise from an occupational disease.
Section 2. Said article is further amended by striking Code Section 34-9-281, relating to circumstances in which death or disablement resulting from occupational disease are compensable, in its entirety and inserting in lieu thereof a new Code Section 34-9-281 to read as follows:
"34-9-281. (a) Where the employer and employee are subject to this chapter, the dis ablement or death of an employee resulting from an occupational disease shall be treated as the occurrence of an injury by accident; and the employee or, in the case of his or her death, the employee's dependents shall be entitled to compensation as provided by this chapter. The practice and procedure prescribed in this chapter shall apply to all the proceedings under this article except as otherwise provided.
(b) Except as otherwise provided in this Code section, an employer shall be liable for compensation under this article only where:
(1) The disease arose out of and in the course of the employment in which the employee was engaged under such employer, was contracted while the employee was so engaged, and has resulted from a hazard characteristic of the employment in excess of the hazards of such disease attending employment in general;
(2) The claim for disablement is filed within one year after the date the employee knew or, in the exercise of reasonable diligence, should have known of the disablement and its relationship to the employment; but in no event shall the claim for disablement be filed in excess of seven years after the last injurious exposure to the hazard of such disease in such employment. In cases of death where the cause of action was not barred during the em ployee's life, the claim must be filed within one year of the date of death."
Section 3. Said article is further amended by striking Code Section 34-9-284, relating to

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the determination of the amount of compensation to be paid, in its entirety and inserting in lieu thereof the following:
"34-9-284. Where compensation is payable for an occupational disease, the employer in whose employment the employee was last injuriously exposed to the hazards of such disease and the insurance carrier, if any, by whom the employer was insured when such employee was last so exposed under such employer shall alone be liable therefor, without right of contribution from any prior employer or insurance carrier. The amount of the compensation for any occupational disease shall be based upon the average weekly wages of the employee, as determined under Code Section 34-9-260, the date upon which the employee first suffers disablement from the occupational disease being deemed to be the date of the injury for the purpose of determining the average weekly wage; and the notice of injury and claim for compensation, as required by Code Sections 34-9-80 through 34-9-82, 34-9-85, and 34-9-86, shall be given and made to such employer."
Section 4. Said article is further amended by striking Code Section 34-9-286, relating to payment of compensation to certain relatives of a deceased employee, in its entirety and inserting in lieu thereof the following:
"34-9-286. Reserved."
Section 5. Said article is further amended by striking Code Section 34-9-287, relating to exposure occurring prior to April 30, 1946, in its entirety and inserting in lieu thereof the following:
"34-9-287. Reserved."
Section 6. Said article is further amended by striking Code Section 34-9-289, relating to the exclusive liability of employers, in its entirety and inserting in lieu thereof the following:
"34-9-289. Whenever an employer and employee are subject to this chapter, the liability of the employer under this article for the disablement or death of the employee from an occupational disease in any way incurred by such employee in the course of or because of his employment shall be exclusive and in place of any and all other civil liability whatsoever at common law or otherwise to such employee or to his personal representative, next of kin, spouse, parents, guardian, or any others."
Section 7. Said article is further amended by striking Code Section 34-9-292, relating to the payment of expenses of the board under this article, in its entirety and inserting in lieu thereof the following:
"34-9-292. The total expenses of the State Board of Workers' Compensation for the administration, operation, and proper functioning of the board under this article, shall be a proper charge under Code Section 34-9-63 and shall be payable as provided therein."
Section 8. Said article is further amended by striking Code Section 34-9-310, relating to the creation and functions of a medical board to hear and determine controversial medical questions in claims for compensation arising in cases of death or disability from occupa tional disease, in its entirety and inserting in lieu thereof a new Code Section 34-9-310 to read as follows:
"34-9-310. (a) When medical questions are in controversy in any claim for compensa tion for an occupational disease, the parties may agree to refer the employee to a licensed physician specializing in the diagnosis and treatment of the disease at issue for an indepen dent medical examination and report. In the event that the parties cannot agree on the referral to be made, the State Board of Workers' Compensation shall refer the employee to a licensed physician who specializes in diagnosis and treatment of the disease at issue and who is certified by the appropriate medical board in the field encompassing such disease for an independent medical examination and report. No award may be made in such case until the appointed physician has filed with the board the report respecting all medical questions at issue. The date of disablement, if in dispute, shall be deemed a medical question. The board is authorized to charge the expense of the independent medical examination and re port against either or both parties in the final award.

THURSDAY, FEBRUARY 19, 1987

849

(b) Proceedings may be suspended and no compensation may be payable for any period during which the employee may unreasonably fail or refuse to submit to such an examination.
(c) Upon the filing of a claim for compensation for death from an occupational disease where an autopsy is necessary to accurately and scientifically ascertain or determine the cause of death, such autopsy may be ordered by the board. The board may specify and designate a licensed physician who is a specialist in such examinations and who is certified by the appropriate medical board in the field encompassing such disease to perform or at tend the autopsy and to certify his or her findings thereon. Such findings shall be filed with the State Board of Workers' Compensation and shall become a part of the record in the case. In the event no claim has been filed, the board may exercise such authority on its own motion or on application made at any time, upon presentation of facts showing that a con troversy may arise in regard to the cause of death or the existence of any occupational disease. The board is authorized to charge the expense of any such autopsy against the party requesting it.
(d) The physician selected to conduct the independent medical examination of the claimant, and issue a report on all medical questions presented, shall report in writing and file with the board all findings and conclusions on every medical question in controversy as soon as practicable, but in any event no later than 60 days after the date on which the independent medical examination, or autopsy, has been completed.
(e) Either party may submit information to and may cross-examine such physician in accordance with paragraph (2) of subsection (e) of Code Section 34-9-102. Each party sub mitting information to such physician shall serve a copy of such information to the opposing party. The findings and conclusions contained in such report or testimony of such physician shall create a presumption of the correctness of such findings and conclusions, which pre sumption may be rebutted only by other medical evidence from a physician or physicians who specialize in the diagnosis and treatment of the disease at issue."
Section 9. Said article is further amended by striking Code Section 34-9-311, relating to the investigation of medical questions and hearings before the medical board, in its entirety and inserting in lieu thereof the following:
"34-9-311. Reserved."
Section 10. Said article is further amended by striking Code Section 34-9-312, relating to the conclusiveness of the findings of medical board decisions as to medical questions, in its entirety and inserting in lieu thereof the following:
"34-9-312. Reserved."
Section 11. Said article is further amended by striking Code Section 34-9-330, relating to the definition of disablement due to silicosis and asbestosis, in its entirety and inserting in lieu thereof the following:
"34-9-330. Reserved."
Section 12. Said article is further amended by striking Code Section 34-9-331, relating to the medical examinations of employees for silicosis or asbestosis, in its entirety and in serting in lieu thereof the following:
"34-9-331. Reserved."
Section 13. Said article is further amended by striking Code Section 34-9-332, relating to the fixation of liability for compensation for silicosis and asbestosis, in its entirety and inserting in lieu thereof the following:
"34-9-332. Reserved."
Section 14. Said article is further amended by striking Code Section 34-9-333, relating

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to the presumption of disability or death from silicosis or asbestosis, in its entirety and inserting in lieu thereof the following:
"34-9-333. Reserved."
Section 15. Said article is further amended by striking Code Section 34-9-334, relating to the payment of compensation for silicosis or asbestosis, in its entirety and inserting in lieu thereof the following:
"34-9-334. Reserved."
Section 16. Said article is further amended by striking Code Section 34-9-335, relating to the waiver of compensation for silicosis or asbestosis, in its entirety and inserting in lieu thereof the following:
"34-9-335. Reserved."
Section 17. This Act shall be effective on July 1, 1987, and shall apply to any occupa tional disease not previously diagnosed before that date.
Section 18. All laws and parts of laws in conflict with this Act are repealed.

Senator Hudgins of the 15th offered the following amendment:

Amend the substitute to SB 133 offered by the Senate Committee on Industry and Labor by changing on page 5, line 33, the word "seven" to read "ten".

On the adoption of the amendment, the yeas were 20, nays 16, and the amendment was adopted.

On the adoption of the substitute, the yeas were 37, nays 0, and the substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by 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 Broun of 46th BBrroywannt of 47th Burton
Coleman Coverdell
Crumbley Dawkins Deal

Dean Echols Edge English Engram Fincher Foster Gillis HHaarrrriisson Hine
Hudgins Huggins
Land Langford McGill

McKenzie Newbill Olmstead Perry Phillips Ragan R Q y. , , ?Sccoo"tt <Cf 3TM6th Shumake
Starr Stumbaugh
Tate Tysinger Walker

Voting in the negative was Senator Peevy of the 48th.

THURSDAY, FEBRUARY 19, 1987

851

Those not voting were Senators:

Garner Howard Kennedy (presiding)

Kidd Timmons

Tolleson Turner (excused)

On the passage of the bill, the yeas were 47, nays 1.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 182. By Representatives Adams of the 79th, Heard of the 43rd, Mostiler of the 75th and Herbert of the 76th:
A bill to provide for an additional judge of the superior courts of the Griffin Judicial Circuit; to provide for the initial appointment and subsequent election of said additional judge.
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 Broun of 46th Brown of 47th Bryant Burton Coverdell Crumbley Dawkins Deal Dean

Echols Edge English Engram Fincher Foster Harris Harrison Huggins Land Langford McGill McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan Ray Scott of 2nd Scott of 36th Shumake Stumbaugh Tate Tolleson Tysinger Walker

Those not voting were Senators:

Brannon Coleman Garner Gillis

Hine Howard Hudgins Kennedy (presiding)

Kidd Starr Timmons Turner (excused)

On the passage of the bill, the yeas were 43, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Kennedy of the 4th introduced the football team and coaches from Georgia Southern College.

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The following bill of the House was taken up for the purpose of considering the House action thereon:
HB 79. By Representatives Alien of the 127th, Triplet! of the 128th, Pannell of the 122nd, Mueller of the 126th, Kingston of the 125th and others:
A bill to amend an Act making provisions for the Magistrate Court of Chatham County and abolishing the Municipal Court of Savannah, so as to change certain procedures relative to the appointment of additional magistrates.
Senator Scott of the 2nd moved that the Senate insist upon the Senate substitute to HB 79.
On the motion, the yeas were 29, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 79.
The following general bills of the Senate and House, favorably reported by the commit tees, were read the third time and put upon their passage:
HB 1. By Representatives Thomas of the 69th, Chambless of the 133rd, Waldrep of the 80th, Groover of the 99th, Porter of the 119th and others:
A bill to provide substantive and comprehensive civil justice reform affecting tort claims litigation; to provide a short title; to amend Article 4 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to medical malpractice ac tion limitations, so as to subject minors and incompetents to the article; 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 collateral sources shall be admissible.
Senate Sponsor: Senator Deal of the 49th.
The Senate Committee on Judiciary offered the following substitute to HB 1:
A BILL
To be entitled an Act to provide substantive and comprehensive civil justice reform affecting tort claims litigation; to provide a short title; to amend Title 9 of the Official Code of Georgia Annotated, relating to civil practice, so as to provide that the period of limitation for actions for medical malpractice shall begin to run against persons who are minors when such persons attain the age of five years; to provide that certain actions shall not be revived or extinguished; to provide that in any case in which professional malpractice or product liability is alleged, an affidavit of an expert competent in the field setting forth the particu lars of the claim shall be filed with the complaint; to provide the contents of such affidavit; to provide exceptions; to provide procedures; to provide that no period of limitation is ex tended; to amend Title 51 of the Official Code of Georgia Annotated, relating to torts, so as to provide a qualified immunity from civil liability for persons serving as directors, officers, or trustees of certain tax-exempt organizations or appointed as unpaid directors, officers, or members of governmental entities; to provide immunity from civil liability under certain circumstances for negligent acts or omissions to persons or entities providing medical or veterinary medical care without the expectation of compensation; to provide for applicabil ity of such immunities; to provide that certain evidence of compensation from collateral sources shall be admissible in certain actions for damages and may be considered by the trier of fact; to provide a limitation in certain cases involving additional damages awarded for aggravating circumstances; to provide that only one award of damages for aggravating circumstances shall be allowed; to provide for applicability of such limitations; to provide that if a jury's verdict as to damages is clearly inadequate or excessive, the court may order a new trial or condition the grant of a new trial upon the refusal of the parties to consent to an award of damages determined by the court; to provide for the apportionment of damages

THURSDAY, FEBRUARY 19, 1987

853

in certain causes of action among defendants according to the fault of each defendant; to provide that damages for causes of action arising after a certain date shall not be a joint liability or subject to any right of contribution; to provide for construction and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. This Act shall be known and may be cited as the "Tort Reform Act of 1987."
Section 2. Title 9 of the Official Code of Georgia Annotated, relating to civil practice, is amended by striking in its entirety Code Section 9-3-73, relating to certain disabilities and exceptions applicable to the period of limitation for medical malpractice actions, and in serting in its place a new Code Section 9-3-73 to read as follows:
"9-3-73. (a) Except as otherwise provided in this Code section, the disabilities and ex ceptions prescribed in Article 5 of this chapter in limiting actions on contracts shall be allowed and held applicable to actions, whether in tort or contract, for medical malpractice.
(b) The period of limitation for actions for medical malpractice shall begin to run against persons who are minors when such persons attain the age of five years. After such minors are five years of age, they shall be entitled to the same time within which to bring an action as is prescribed for other persons.
(c) No action for medical malpractice accruing to a person who was a minor at the time of its accrual which has been barred prior to July 1, 1987, by provisions relating to limita tions of actions shall be revived by this Code section. No action for medical malpractice accruing to a person who was a minor at the time of its accrual which would be barred before July 1, 1987, by the provisions of this Code section, as amended, but which would not be so barred by the provisions of this Code section in force immediately prior to July 1, 1987, shall be barred until July 1, 1988."
Section 3. Said title is further amended by inserting immediately following Code Sec tion 9-11-9 a new Code section, to be designated Code Section 9-11-9.1, to read as follows:
"9-11-9.1. (a) In any action for damages alleging professional malpractice or product liability, the plaintiff shall be required to file with the complaint an affidavit of an expert competent in the respective field, which affidavit shall set forth specifically at least one negligent act or omission claimed to exist and the factual basis for each such claim.
(b) (1) The contemporaneous filing requirement of subsection (a) of this Code section shall not apply to:
(A) A product liability case in which the plaintiff has been unable to examine the prod uct because the product has not been available for inspection; or
(B) Any case in which the period of limitation will expire within ten days of the date of filing and, because of such time constraints, the plaintiff has alleged that an affidavit of an expert could not be prepared.
(2) In cases enumerated in paragraph (1) of this subsection, the plaintiff shall have 45 days after the filing of the complaint to supplement the pleadings with the affidavit.
(c) If an affidavit is filed after the filing of a complaint, as allowed under paragraph (2) of subsection (b) of this Code section, the defendant shall not be required to file an answer to the complaint and affidavit until 30 days after the filing of the affidavit.
(d) This Code section shall not be construed to extend any applicable period of limitation."
Section 4. Title 51 of the Official Code of Georgia Annotated, relating to torts, is amended by inserting immediately following Code Section 51-1-20 a new Code section, to be designated Code Section 51-1-20.1, to read as follows:
"51-1-20.1. (a) A person serving with or without compensation as a director, officer, or trustee of a nonprofit organization qualified as a tax-exempt organization under Section

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501(c) of the federal Internal Revenue Code of 1954 shall be immune from civil liability for any act or omission arising out of such service, if such person was acting in good faith in the scope of his or her official actions and duties, unless such damage or injury was caused by the gross negligence or the willful or wanton misconduct of such person.
(b) A person appointed and serving without compensation as a director, officer, or mem ber of a governmental organization, agency, board, authority, or other entity shall be im mune from civil liability for any act or omission arising out of such service, if such person was acting in good faith in the scope of his or her official actions and duties, unless such damage or injury was caused by the gross negligence or the willful or wanton misconduct of such person.
(c) This Code section shall apply only to causes of action arising on or after July 1, 1987."
Section 5. Said title is further amended by inserting immediately following Code Sec tion 51-1-29 a new Code section, to be designated Code Section 51-1-29.1, to read as follows:
"51-1-29.1. (a) (1) Any person, hospital, health care provider, or other entity providing medical care to a person without the expectation of compensation shall not be liable as a result of any act or omission in providing such medical care.
(2) Any person, veterinary hospital, or other entity providing veterinary medical care to an animal without the expectation of compensation shall not be liable as a result of any act or omission in providing such veterinary medical care.
(b) The immunity provided in subsection (a) of this Code section shall not apply in cases of gross negligence or willful or wanton misconduct.
(c) The immunity provided in subsection (a) of this Code section shall not apply if such person, hospital, health care provider, or other entity providing medical care expected to apply for, applied for, or received medicare, Medicaid, or other third party payment for the medical care provided.
(d) This Code section shall apply only to causes of action arising on or after July 1, 1987."
Section 6. Said title is further amended by striking in its entirety Code Section 51-12-1, relating to types of damages, and inserting in its place a new Code Section 51-12-1 to read as follows:
"51-12-1. (a) Damages may be either general or special, direct or consequential.
(b) In any civil action for the recovery of damages arising from a tortious injury, evi dence of compensation, indemnity, insurance, or services, paid or payable to or for the bene fit of, or otherwise available to, the injured party from any and all sources and the cost to the injured party of obtaining such compensation, indemnity, insurance, or services shall be admissible in determining the amount of any damages to be awarded. The trier of fact, in its discretion, may consider such compensation, indemnity, insurance, or services and the cost thereof but shall not be directed to reduce an award of damages accordingly. Evidence that the injured party had life insurance or other benefits paid or payable because of the death of the person shall not be admissible under this subsection."
Section 7. Said title is further amended by striking in its entirety Code Section 51-12-5, relating to additional damages for aggravating circumstances, and inserting in its place a new Code Section 51-12-5 to read as follows:
"51-12-5. (a) For causes of action for torts arising before July 1, 1987, 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) For causes of action arising on or after July 1, 1987, in which there are aggravating circumstances, in either the act or the intention, the jury may give additional damages to

THURSDAY, FEBRUARY 19, 1987

855

deter the wrongdoer from repeating the trespass or as compensation for the wounded feel ings of the plaintiff. The maximum lawful award of additional damages under this subsec tion shall be $250,000.00, provided that this limitation shall not apply in the case of an intentional tort. Only one award of additional damages under this subsection shall be al lowed for any act or omission, regardless of the number of causes of action which may arise from such act or omission."
Section 8. Said title is further amended by striking in its entirety Code Section 51-1212, relating to interference with the discretion of a jury as to damages, and inserting in its place a new Code Section 51-12-12 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 as expressed in its verdict unless the damages are clearly so inadequate or so excessive as to be inconsistent with the weight of the evi dence in the case.
(b) If the jury's verdict as to damages is clearly so inadequate or so excessive as to be inconsistent with the weight of the evidence, the court may either order a new trial as to the claims of any or all of the parties or may condition the grant of a new trial upon the refusal of the parties to consent to an award of an amount of damages determined by the court."
Section 9. Said title is further amended by striking in their entirety Code Section 51-1231, relating to the recovery against joint trespassers, and Code Section 51-12-32, relating to the right of contribution among joint trespassers and the effects of settlement, and inserting in their place new Code Sections 51-12-31, 51-12-32, and 51-12-33 to read as follows:
"51-12-31. (a) Where an action is brought jointly against several trespassers, the plain tiff may recover damages for the greatest injury done by any of the defendants against all of them. In its verdict, the jury may specify the particular damages to be recovered of each defendant. Judgment in such a case must be entered severally.
(b) This Code section shall apply only to causes of action arising before July 1, 1987.
51-12-32. (a) Where a tortious act does not involve moral turpitude, contribution among several trespassers may be enforced just as if an action had been brought against them jointly. Without the necessity of being charged by action or judgment, the right of a joint trespasser to contribution from another or others shall continue unabated and shall not be lost or prejudiced by compromise and settlement of a claim or claims for injury to person or property or for wrongful death and release therefrom.
(b) If judgment is entered jointly against several trespassers and is paid off by one of them, the others shall be liable to him for contribution.
(c) Without the necessity of being charged by an action or judgment, the right of in demnity, express or implied, from another or others shall continue unabated and shall not be lost or prejudiced by compromise and settlement of a claim or claims for injury to person or property or for wrongful death and release therefrom.
(d) This Code section shall apply only to causes of action arising before July 1, 1987.
51-12-33. (a) Where a cause of action exists against more than one person for injury to person or property, the trier of fact, in its determination of the total amount of damages to be awarded, if any, shall apportion its award of damages among the persons who are liable, and whose degree of fault is greater than that of the injured party, according to the degree of fault of each person. Damages awarded as provided in this Code section shall be the liability of each person against whom they are awarded, shall not be a joint liability among the persons liable, and shall not be subject to any right of contribution.
(b) Subsection (a) of this Code section shall not affect venue provisions regarding joint actions.
(c) This Code section shall apply only to causes of action arising on or after July 1, 1987."

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Section 10. 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 Bowen Brannon Broun of 46th Brown of 47th Bryant Coleman Coverdell Crumbley Dawkins Deal Dean

Echols Edge English Engram Fincher Foster Garner Gillis Harris Harrison Hine Howard Hudgins Huggins Kidd

Land Langford McGill McKenzie Newbill Olmstead Peevy Perry Phillips Ragan Scott of 2nd Starr Stumbaugh Timmons Tysinger

Those voting in the negative were Senators:

Burton

Shumake

Tate

Scott of 36th

Those not voting were Senators:

Kennedy (presiding) Ray

Tolleson Turner (excused)

Walker

On the passage of the bill, the yeas were 46, nays 4.

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Barnes of the 33rd moved that HB 1 be immediately transmitted to the House.

On the motion, the yeas were 34, nays 0; the motion prevailed, and HB 1 was immedi ately transmitted to the House.

SB 248. By Senator Hine of the 52nd:
A bill to amend Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to landlord and tenant, so as to provide that it shall be unlawful for any landlord knowingly and willfully to suspend the furnishing of utilities to a ten ant; to provide for a definition; to provide for a penalty.

THURSDAY, FEBRUARY 19, 1987

857

The Senate Committee on Industry and Labor offered the following substitute to SB
248:
A BILL
To be entitled an Act to amend Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to landlord and tenant, so as to provide that it shall be unlawful for any landlord knowingly and willfully to suspend the furnishing of utilities to a tenant until the final disposition of any dispossessory proceeding by the landlord against such tenant; to provide for a definition; to provide for a penalty; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to landlord and tenant, is amended by adding a new Code section immediately following Code Section 44-7-14, to be designated Code Section 44-7-14.1, to read as follows:
"44-7-14.1. (a) As used in this Code section, the term 'utilities' means heat, light, and water service.
(b) It shall be unlawful for any landlord knowingly and willfully to suspend the furnish ing of utilities to a tenant until after the final disposition of any dispossessory proceeding by the landlord against such tenant.
(c) Any person who violates subsection (b) of this Code section shall be guilty of a misdemeanor."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Senator Hine of the 52nd moved that SB 248 be postponed until February 20.
Senator Garner of the 30th moved that SB 248 be placed on the Table.
On the motion offered by Senator Garner of the 30th, which takes precedence, the yeas were 19, nays 22; the motion was lost, and SB 248 was not placed on the Table.
On the motion offered by Senator Hine of the 52nd, Senator Hine of the 52nd asked unanimous consent to withdraw the motion to postpone SB 248 until February 20; the con sent was granted.
Senator Scott of the 2nd moved that SB 248 be postponed until February 20.
On the motion, the yeas were 32, nays 2; the motion prevailed, and SB 248 was post poned until February 20.
HB 38. By Representatives Richardson of the 52nd and Childs of the 53rd: A bill to amend Chapter 11A of Title 43 of the Official Code of Georgia Anno tated, relating to dietitians and dietetic counselors, so as to change the provisions relating to definitions.
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:

858

JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes
nrannonf A**
Broun of 46th " ryant ColVman Coverdell Crumbley Dawkins Deal
Dean Echols

Edge English Engram Fincher Fogter
Gillis
Harrig Harrison Howard Hudgins Huggins Kidd Land
Langford McGill

McKenzie Newbill Olmstead Peevy Perry
Raean
Ray Scott of 2nd Scott of 36th Shumake Starr Tate Timmons
Tysinger Walker

Those not voting were Senators:

Bowen Brown of 47th Garner

Hine Kennedy (presiding) Phillips

Stumbaugh Tolleson Turner (excused)

On the passage of the bill, the yeas were 46, 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 agreed to the Senate amendment, as amended by the House, to the following bill of the House:

HB 380. By Representative Adams of the 79th:
A bill 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 inspection.

Senator Phillips of the 9th introduced the doctor of the day, Dr. Ralph Tillman, of Norcross, Georgia.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 291. 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; to provide for liens.
Senate Sponsor: Senator Deal of the 49th.

THURSDAY, FEBRUARY 19, 1987

859

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the 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 B,,BCrouolrewtomnnaonf 47th Coverdell Crumbley Deal
Dean Echols Edge English

Fincher Foster Garner Gillis Harris Harrison HTHHIoiunwdegairndis Huggins Kidd Land
Langford McGill McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan D oc,,Sccoo.tt.tt o,rff,, 20,,3,,n6dt.h, Shumake Starr Stumbaugh
Tate Timmons Tysinger Walker

Those not voting were Senators:

Bowen Brannon Bryant

Dawkins Engram Kennedy (presiding)

Tolleson Turner (excused)

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Tolleson of the 32nd gave notice that, at the proper time, he would move that the Senate reconsider its action in passing HB 291.

Senator Allgood of the 22nd moved that the following Senators be excused on all roll calls for the remainder of today's proceedings in the Senate due to their attending the fu neral of the mother of Senator Turner of the 8th:

Senators Perry of the 7th, Timmons of the llth, Bowen of the 13th, McKenzie of the 14th and Harris of the 27th.

On the motion, the yeas were 35, nays 0; the motion prevailed, and Senators Perry of the 7th, Timmons of the llth, Bowen of the 13th, McKenzie of the 14th and Harris of the 27th were excused on all roll calls for the remainder of today's proceedings in the Senate.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

SB 34. By Senator Peevy of the 48th:
A bill to amend Part 1 of Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to certain privileges and confidentiality regarding certain testimony and communications of witnesses generally, so as to provide that a husband and wife shall be competent and compellable to give evidence in certain criminal proceedings.

860

JOURNAL OF THE SENATE

The House substitute to SB 34 was as follows:

A BILL
To be entitled an Act to amend Part 1 of Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to certain privileges and confidentiality regard ing certain testimony and communications of witnesses generally, so as to provide that a husband and wife shall be competent and compellable to give evidence in certain criminal proceedings; to provide conditions regarding when such husband or wife shall be compella ble to give evidence; to limit such evidence; 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 9 of Title 24 of the Official Code of Georgia Annotated, relating to certain privileges and confidentiality regarding certain testimony and communications of witnesses generally, is amended by striking Code Section 24-9-23, relat ing to the giving of evidence of a husband and wife in criminal proceedings, and inserting in its place a new Code Section 24-9-23 to read as follows:
"24-9-23. (a) Husband and wife shall be competent but shall not be compellable to give evidence in any criminal proceeding for or against each other.
(b) The privilege created by subsection (a) of this Code section or by corresponding privileges in paragraph (1) of Code Section 24-9-21 or subsection (a) of Code Section 24-9-27 shall not apply in proceedings in which the husband or wife is charged with a crime against the person of a minor child, but such person shall be compellable to give evidence only on the specific act for which the defendant is charged and where the alleged victim is incapable of testifying."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Peevy of the 48th moved that the Senate agree to the House substitute to SB 34 as amended by the following amendment:

Amend the substitute to SB 34 offered by the House by striking on page 2, on lines 3 and 4, the following:
"and where the alleged victim is incapable of testifying".

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 Broun of 46th Brown of 47th Bryant Burton Coverdell Crumbley Deal Dean

Echols Fincher Foster Gillis Harrison Hine Howard Huggins Kidd Land Langford McGill Newbill

Olmstead Peevy Phillips Ragan Ray Scott of 36th Shumake Starr Stumbaugh Tate Tolleson Tysinger Walker

Those not voting were Senators:

Bowen (excused) Brannon

Coleman Dawkins

Edge English

THURSDAY, FEBRUARY 19, 1987

861

Engram Garner Harris (excused) Hudgins

Kennedy (presiding) McKenzie (excused) Perry (excused)

Scott of 2nd Timmons (excused) Turner (excused)

On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 34 as amended by the Senate.

The following general bills of the Senate and House, favorably reported by the commit tees, were read the third time and put upon their passage:

SB 290. By Senators McGill of the 24th, Ray of the 19th, Ragan of the 10th 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 declare certain activities to be agri cultural pursuits to be regulated by the Commissioner of Agriculture and the Department of Agriculture; to prohibit county boards of health and county de partments of health from promulgating or adopting certain rules, regulations, or ordinances.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Brannon Broun of 46th Brown of 47th Bryant Burton Coverdell Crumbley Deal Dean

Echols Edge Fincher Foster Garner Gillis Harrison Hine Howard Huggins Kidd Land Langford

Voting in the negative was Senator Tysinger.

Those not voting were Senators:

McGill Newbill Olmstead Peevy Phillips Ragan Ray Scott of 36th Shumake Starr Stumbaugh Tate Walker

Bowen (excused) Coleman Dawkins English Engram

Harris (excused) Hudgins Kennedy (presiding) McKenzie (excused) Perry (excused)

On the passage of the bill, the yeas were 40, nays 1.

Scott of 2nd Timmons (excused) Tolleson Turner (excused)

862

JOURNAL OF THE SENATE

The bill, having received the requisite constitutional majority, was passed.

HB 45. By Representatives Wall of the 61st, Bannister of the 62nd, Barnett of the 59th, Goodwin of the 63rd, Pittman of the 60th and others:
A bill to amend Code Section 36-82-7 of the Official Code of Georgia Annotated, relating to the authorized investments of bond proceeds, so as to authorize bond proceeds of bonds issued by any county, municipal corporation, school district, political subdivision, authority, or public body corporate to be placed for invest ment and reinvestment in the local government investment pool.
Senate Sponsor: Senator Phillips of the 9th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barne8
rannon _,

Edge Fincher Foster Garner Harrison
Hine

Bryant Burton Coverdell Crumbley Deal Dean Echols

Hudgms Muggins Kidd Land Langford McGill Newbill

Olmstead Peevy Phillips Ragan Ray
Scott of 2nd
v Shumake
Stair Stumbaugh Tate Tolleson Tysinger Walker

Those not voting were Senators:

Bowen (excused) Coleman Dawkins English

Engram Gillis Harris (excused) Kennedy (presiding)

McKenzie (excused) Perry (excused) Timmons (excused) Turner (excused)

On the passage of the bill, the yeas were 43, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following bill of the House was taken up for the purpose of considering the House action thereon:

HB 386. By Representatives Birdsong of the 104th and Waldrep of the 80th:
A bill to amend an Act providing for the appointment of the chief magistrate and other magistrates of the Magistrate Court of Jones County, so as to provide that the judge of the Probate Court of Jones County shall serve as chief magistrate of the Magistrate Court of Jones County.

Senator Kidd of the 25th moved that the Senate insist upon the Senate amendment to HB 386.

THURSDAY, FEBRUARY 19, 1987

863

On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate insisted upon the Senate amendment to HB 386.

The following general bills and resolutions of the Senate and House, favorably reported by the committees, were read the third time and put upon their passage:

HB 135. By Representatives Pannell of the 122nd, Childers of the 15th, Hooks of the 116th and Richardson of the 52nd:
A bill to amend Code Section 43-39-8 of the Official Code of Georgia Annotated, relating to application for license to practice psychology, so as to change certain license requirements.
Senate Sponsor: Senator Kidd of the 25th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bflrnes
BRBrroow"unnn0onofff 4,4,67+tt>hh, Bryant Burton Coverdell Crumbley Deal Dean

Echols Fincher Foster Garner Gillis
H."..ainrerisoJn Howard Huggins Kidd Land Langford McGill

Newbill Olmstead Peevy Phillips Ray
SSa ccoo^tttt oofft 32oc6n^dtih. Shumake Starr Tate Tolleson Tysinger Walker

Those not voting were Senators:

Bowen (excused) Coleman Dawkins Edge English

Engram Harris (excused) Hudgins Kennedy (presiding) McKenzie (excused)

Perry (excused) Ragan Stumbaugh Timmons (excused) Turner (excused)

On the passage of the bill, the yeas were 40, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 166. By Senator Dawkins of the 45th:
A bill to amend Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to state printing and documents, so as to repeal in its entirety Article 1 of said chapter which requires that publications of the executive branch of gov ernment indicate certain information on the cover of the publication; to provide for related matters; to provide an effective date.

Senator Gillis of the 20th moved that SB 166 be placed on the Table.

864

JOURNAL OF THE SENATE

On the motion, the yeas were 33, nays 0; the motion prevailed, and SB 166 was placed on the Table.

SR 114. By Senators Echols of the 6th, McGill of the 24th and Ragan of the 10th:
A resolution urging the Congress of the United States to enact legislation to per mit tobacco growers to purchase poundage allotments from the owners of fluecured tobacco allotments within their tobacco belt.

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 Broun of 46th Brown of 47th Bryant Burton Coverdell Crumbley Dean Echols

English Fincher Foster Garner Gillis Harrison Howard Hudgins Huggins Kidd Land Langford McGill Newbill

Olmstead Peevy Phillips Ragan Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Tolleson Tysinger Walker

Those not voting were Senators:

Bowen (excused) CDoawlekmmans
Edge

Engram Harris (excused) Hme Kennedy (presiding)

McKenzie (excused) Perry (excused) Timmons (excused) Turner (excused)

On the adoption of the resolution, the yeas were 42, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HR 60. By Representatives Colwell of the 4th and Twiggs of the 4th: A resolution transferring the ownership of a certain structure owned by the Geor gia Forestry Commission to the Fannin County Board of Commissioners.
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 Brannon

THURSDAY, FEBRUARY 19, 1987

865

Broun of 46th Brown of 47th Bryant Burton Coverdell Crumbley Deal Echols Edge Fincher Foster Garner

Gillis Harrison Hine Howard Hudgins Huggins Kidd Land McGill Newbill Olmstead

Peevy Phillips Ragan Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Walker

Those not voting were Senators:

Bowen (excused) Coleman Dawkins Dean English

Engram Harris (excused) Kennedy (presiding) Langford McKenzie (excused)

Perry (excused) Timmons (excused) Tolleson Turner (excused) Tysinger

On the adoption of the resolution, the yeas were 40, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HB 19. By Representatives Thomas of the 69th, Chambless of the 133rd and Waldrep of the 80th:
A bill to amend Article 1 of Chapter 2 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions applicable to the Supreme Court of Georgia, so as to provide that the Supreme Court shall consist of seven Justices.
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 Brannon
Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell Crumbley Deal Dean

Echols Edge Engram Fincher Foster Garner
Gillis Harrison Mine Howard Hudgins Huggins Kidd Land Langford

McGill Newbill Olmstead Peevy Phillips Ragan
Ray Scott of 2nd Scott of 36th Shumake Stumbaugh Tate Tolleson Tysinger Walker

866

JOURNAL OF THE SENATE

Those not voting were Senators:

Bowen (excused) Dawkins English Harris (excused)

Kennedy (presiding) McKenzie (excused) Perry (excused)

Starr Timmons (excused) Turner (excused)

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 passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
SB 118. By Senators Coleman of the 1st, Huggins of the 53rd and Bryant of the 3rd:
A bill to amend Code Section 32-3-1 of the Official Code of Georgia Annotated, relating to the acquisition of property or an interest therein for public road and other transportation purposes, so as to define when property or an interest therein may be acquired for future public road purposes; to provide an effective date.
The President resumed the Chair.
The following general bill of the Senate, having been read the third time on February 18 and postponed until February 19, was put upon its passage:
SB 263. By Senators Langford of the 35th, Engram of the 34th and Scott of the 36th:
A bill to amend Code Section 36-30-3 of the Official Code of Georgia Annotated, relating to ordinances of a council which may not bind succeeding councils, so as to permit the governing authorities of municipal corporations having a popula tion of not less then 400,000 to authorize the mayor to enter into contracts for periods not exceeding 50 years with respect to property or facilities used for edu cational, entertainment, or museum purposes in downtown development areas.
Senator Phillips of the 9th moved that SB 263 be committed to the Senate Committee on Urban and County Affairs (General).

Senator Dean of the 31st moved the previous question.
On the motion offered by Senator Dean of the 31st, which takes precedence, the yeas were 30, nays 7; the motion prevailed, and the previous question was ordered.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker

Brannon Broun of 46th Brown of 47th Bryant

Coleman Coverdell Dean Echols

THURSDAY, FEBRUARY 19, 1987

867

Engrain Foster Garner Gillis Harrison Mine Howard Huggins

Kennedy Kidd Langford McGill Ragan Ray Scott of 2nd

Scott of 36th Shumake Starr Stumbaugh Tate Tolleson Walker

Those voting in the negative were Senators:

Barnes Burton Crumbley Deal

Edge Hudgins Land Newbill

Olmstead Peevy Phillips Tysinger

Those not voting were Senators:

Bowen (excused) Dawkins English

Fincher Harris (excused) McKenzie (excused)

Perry (excused) Timmons (excused) Turner (excused)

On the passage of the bill, the yeas were 34, nays 12.

The bill, having received the requisite constitutional majority, was passed.

Senator Phillips of the 9th gave notice that, at the proper time, he would move that the Senate reconsider its action in passing SB 263.

The following general bill of the House, having been read the third time and final ac tion suspended on February 18, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage:

HB 94. By Representatives Cox of the 141st, Patten of the 149th and Bargeron of the 108th:
A bill to amend Article 3 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, known as "The Georgia Coroner's Training Council Act", so as to change the provisions relating to the membership of the Georgia Coroner's Training Council; to change the provisions relating to the quorum of such council.
Senate Sponsor: Senator Howard of the 42nd.

The amendment offered by Senator Brannon of the 51st on February 18, as it appears in the Journal of February 18, was automatically reconsidered and put upon its adoption.

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 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

868

JOURNAL OF THE SENATE

Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell Crumbley Deal Dean Echols Edge Engram Foster

Garner Gillis Harrison Hine Howard Hudgins Huggins Kennedy Langford McGill Newbill Olmstead Peevy

Phillips Ragan Ray Scott of 2nd Scott of 36th Shurnake Starr Stumbaugh Tate Tolleson Tysinger Walker

Voting in the negative was Senator Land.

Those not voting were Senators:

Bowen (excused) Dawkins English Fincher

Harris (excused) Kidd McKenzie (excused)

Perry (excused) Timmons (excused) Turner (excused)

On the passage of the bill, the yeas were 44, nays 1.

The bill, having received the requisite constitutional majority, was passed as amended.

Senator Allgood of the 22nd moved that the Senate do now adjourn until 9:00 o'clock A.M. tomorrow, and the motion prevailed.

At 12:00 o'clock Noon, the President announced the Senate adjourned until 9:00 o'clock A.M. tomorrow.

FRIDAY, FEBRUARY 20, 1987

869

Senate Chamber, Atlanta, Georgia Friday, February 20, 1987
Twenty-eighth Legislative Day

The Senate met pursuant to adjournment at 9:00 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.
Senator Phillips of the 9th moved that the Senate reconsider its action of February 19 in passing the following bill of the Senate:
SB 263. By Senators Langford of the 35th, Engram of the 34th and Scott of the 36th: A bill to amend Code Section 36-30-3 of the Official Code of Georgia Annotated, relating to ordinances of a council which may not bind succeeding councils, so as to permit the governing authorities of municipal corporations having a popula tion of not less than 400,000 to authorize the mayor to enter into contracts for periods not exceeding 50 years with respect to property or facilities used for edu cational, entertainment, or museum purposes in downtown development areas.
On the motion, the yeas were 23, nays 8; the motion prevailed, and SB 263 was recon sidered and placed at the foot of the Senate Rules Calendar for today.
Senator Tolleson of the 32nd moved that the Senate reconsider its action of February 19 in passing the following bill of the House:
HB 291. 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; to provide for liens.
On the motion, the yeas were 26, nays 3; the motion prevailed, and HB 291 was recon sidered and placed at the foot of the Senate Rules Calendar for today.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House and Senate:
HB 825. By Representative Ray of the 98th: A bill to amend an Act creating a new charter for the City of Byron, so as to change the corporate limits of the city by incorporating certain additional terri tory therein.

870

JOURNAL OF THE SENATE

HB 827. By Representative Stancil of the 66th: A bill to provide that the school superintendent of the Oconee County School District shall be appointed by the board of education rather than elected.
HB 829. By Representative Mobley of the 64th: A bill to create the Barrow County Water and Sewerage Authority.
HB 832. By Representatives Bargeron of the 108th and Ricketson of the 82nd: A bill to amend an Act reincorporating the City of Louisville in Jefferson County, so as to provide that a person holding the office of coroner is specifically author ized to simultaneously hold any office of the City of Louisville.
HB 833. By Representatives Triplett of the 128th, Mueller of the 126th, Johnson of the 123rd, Pannell of the 122nd and Hamilton of the 124th: A bill to amend an Act creating a charter for the City of Bloomingdale, so as to include certain additional territory within the corporate limits.
HB 834. By Representative Smith of the 78th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the City of Barnesville and County of Lamar Development Authority.
HB 838. By Representatives Smith of the 156th and Ramsey of the 155th: A bill to amend an Act creating a board of commissioners of Glynn County, so as to change the expense allowance of the chairman and members of the board.
HB 845. By Representatives Isakson of the 21st, Gresham of the 21st, Cooper of the 20th, Thompson of the 20th, Atkins of the 21st and others: A bill to amend an Act providing for the compensation of the judge of the Juve nile Court of Cobb County, so as to change the compensation of said judge.
HB 846. By Representatives Dunn of the 73rd and Smith of the 78th: A bill to amend an Act providing a new board of commissioners of Henry County, so as to change the compensation of the members of the board of commissioners.
HB 847. By Representatives Dunn of the 73rd and Smith of the 78th: A bill to amend an Act providing a new board of commissioners of Henry County, so as to provide that no person shall be eligible to seek election to or to serve as a member of the board if such person holds or is seeking election to any other federal, state, or local office.
HB 855. By Representative Green of the 106th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing for the election of members of the County Board of Education of Hancock County by the people.
HB 856. By Representative Parrish of the 109th: A bill to amend an Act establishing the State Court of Candler County, so as to correct an inaccurate internal reference to certain general laws relating to the granting of new trials and to provide that the grounds and procedures for grant ing new trials in certain cases shall be followed as set forth in Chapter 5 of Title 5 of the Official Code of Georgia Annotated.

FRIDAY, FEBRUARY 20, 1987

871

HB 857. 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 Candler County Industrial Authority.
HB 858. By Representative Parrish of the 109th: A bill to provide a board of elections for Emanuel County.
HB 864. By Representative Heard of the 43rd: 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 the mem bers of the Board of Education of Fayette County by the people; to provide the authority for this Act.
HB 865. By Representative Carrell of the 65th: A bill to create the Walton County Water and Sewerage Authority.
HB 866. By Representative Carrell 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 providing that all of Walton County ex clusive of the independent school system of Social Circle shall comprise one school district, and it shall be under the control and management of a county board of education; to provide the authority for this Act.
HB 868. By Representatives Clark of the 13th, Post 1 and Milford of the 13th, Post 2: A bill to amend an Act creating a new charter for the City of Colbert, so as to change the term of the office of mayor.
HB 875. By Representatives Gresham of the 21st, Post 4, Isakson of the 21st, Post 2, Atkins of the 21st, Post 3, Hensley of the 20th, Post 2, Aiken of the 21st, Post 1 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, so as to change the compensation of the tax commissioner and the chief clerk of the tax commissioner.
HB 796. By Representatives Buck of the 95th and Robinson of the 96th: A bill to amend Code Section 40-6-394 of the Official Code of Georgia Annotated, relating to serious injury by vehicle, so as to change the maximum penalty which may be imposed.
HB 804. By Representatives Buck of the 95th, Lane of the lllth, Stancil of the 66th, Stephens of the 68th, Alford of the 57th and others: A bill to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to limitations concerning the inspection of public records, so as to pro vide that Article 4 of Chapter 18 of Title 50, relating to inspection of public records, shall not be applicable to certain trade secrets and proprietary information.
HB 809. By Representatives Pinkston of the 100th, Beck of the 148th and Long of the 142nd: A bill to amend Code Section 20-3-266 of the Official Code of Georgia Annotated, relating to powers and duties of the Georgia Higher Education Assistance Corpo-

872

JOURNAL OF THE SENATE

ration, so as to authorize the corporation to broaden the definition of the terms "student" and "eligible student".
SB 205. By Senator Dawkins of the 45th:
A bill to create the State Court of Rockdale County; to specify the location of the court; to provide jurisdiction of the court; to provide for jury trial under certain circumstances; to provide for practice and procedure; to provide terms of court; to specify costs; to specify fees; to provide for transfer of certain matters from the Superior Court of Rockdale County.
SB 217. By Senator Foster of the 50th: A bill to provide for the appointment of the school superintendent of Lumpkin County by the Board of Education of Lumpkin County; to provide for other mat ters relative thereto; to provide for a referendum.
SB 244. By Senator Kidd of the 25th:
A bill to amend an Act creating the Board of Commissioners of Putnam County, so as to change the provisions relating to the mileage allowance for members of the board of commissioners.
SB 251. By Senators Olmstead of the 26th, Harris of the 27th and Barker of the 18th:
A bill to amend an Act known as the "Macon-Bibb County Water and Sewerage Authority Act," as amended, so as to change the amount and basis of salary com pensation for the elected members of the authority; to provide that each elected member of the authority shall receive a salary of $5,400.00 per annum, payable monthly, commencing July 1, 1987.
SB 252. By Senators Olmstead of the 26th, Harris of the 27th and Barker of the 18th:
A bill to amend an Act known as the "Macon-Bibb County Water and Sewerage Authority Act," as amended, so as to provide that the authority shall have the power to issue executions on orders assessing a civil penalty; to provide that such executions shall be a lien upon and against the land and other properties of the assessed party.
HB 561. By Representatives Couch of the 40th, McKinney of the 35th, Sinkfield of the 37th, Lane of the 27th, Martin of the 26th and others:
A bill to amend Code Section 36-44-3 of the Official Code of Georgia Annotated, relating to definitions under the "Redevelopment Powers Law", so as to provide for additional areas to be included in the definition of a redevelopment area.
HB 460. By Representatives Hays of the 1st, Peters of the 2nd, Snow of the 1st, Walker of the 115th and Crawford of the 5th:
A bill to amend Part 1 of Article 8 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to sale of petroleum products, and Code Section 406-222 of the Official Code of Georgia Annotated, relating to handicapped parking permits, so as to provide for special disability permits; to require certain gasoline stations to dispense gasoline to holders of such permits at self-service prices under certain conditions.
HB 795. By Representatives Milford of the 13th, Clark of the 13th and Yeargin of the 14th:
A bill to amend an Act to provide compensation for the judge of the superior court of the Northern Judicial Circuit, so as to change the compensation of the judges of the Northern Judicial Circuit.

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HB 776. By Representative Isakson of the 21st:
A bill to amend Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, so as to change the offenses which are baila ble only before a judge of the superior court; to change the provisions relating to releasing persons on bail or their own recognizance when those persons have committed certain offenses.
HB 811. By Representatives Isakson of the 21st, Wilder of the 21st, Atkins of the 21st, Gresham of the 21st and Aiken of the 21st:
A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to the registration and licensing of motor vehicles, so as to authorize the local tag agents to charge an additional fee for the purchase of license plates or revalidation decals by mail.
HB 600. By Representative Steinberg of the 46th:
A bill to amend Code Section 43-7A-8 of the Official Code of Georgia Annotated, relating to eligibility for licensure as a professional counselor, social worker, and marriage and family therapist, so as to provide that certain persons practicing a specialty on or before July 1, 1985, who have applied for licensure prior to May 1, 1987, and who meet certain additional statutory requirements, shall not be re quired to pass the established examination for such specialty.
HB 652. By Representatives Triplett of the 128th and Murphy of the 18th:
A bill to amend Code Section 40-6-181 of the Official Code of Georgia Annotated, relating to maximum motor vehicle speed limits, so as to authorize the commis sioner of transportation, in conformity with federal law, to increase certain maxi mum speed limits.
HB 308. By Representatives Wood of the 9th, Phillips of the 120th, Jackson of the 9th, Barnett of the 10th and Lawson of the 9th:
A bill to amend Code Section 12-5-23 of the Official Code of Georgia Annotated, relating to the powers and duties of the Environmental Protection Division of the Department of Natural Resources relative to the control of water pollution, so as to repeal a provision relating to marine toilets; to amend Article 1 of Chap ter 7 of Title 52 of the Official Code of Georgia Annotated, known as the "Geor gia Boat Safety Act", so as to provide for definitions of the terms "discharged", "marine toilet", "sewage", and "sole state waters".
HB 202. By Representatives Bray of the 91st, Lee of the 72nd, Holmes of the 28th and Moultrie of the 93rd:
A bill to amend Article 3 of Chapter 3 of Title 21 of the Official Code of Georgia Annotated, relating to municipal elections, so as to provide for a uniform munici pal election date; to provide for four-year terms for municipal offices; to author ize the General Assembly to provide for two-year terms and concurrent or stag gered terms for municipal offices by local Acts.
HB 647. By Representatives Walker of the 115th, Lee of the 72nd and Groover of the 99th:
A bill to amend Article 2 of Chapter 17 of Title 50 of the Official Code of Georgia Annotated, the "Georgia State Financing and Investment Commission Act", so as to change the definition of the term "general obligation debt" as used in said Act; to provide that said definition shall include obligations of this state issued to provide public library facilities for county and independent school systems and other governmental entities.

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HB 269. By Representative Wilder of the 21st: A bill to amend Chapter 10 of Title 43 of the Official Code of Georgia Annotated, relating to cosmetologists, so as to authorize the performance of cosmetology ser vices in locations other than a licensed beauty shop or salon in certain cases where clients are unable to go to such shop or salon for reasons of ill health, infirmity, or other physical disability.
SB 131. By Senator Deal of the 49th: 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 magistrate courts shall have jurisdiction over the trial of charges of violations of penal ordinances of state authorities; to provide for practice and procedure with respect to such matters; to provide that this Act shall not grant to any state authority more power than it otherwise has to enact or enforce such ordinances.
SB 143. By Senators Garner of the 30th and Brannon of the 51st: A bill to amend Article 2 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to wardens, superintendents, and other personnel of correc tional institutions, so as to provide that the commissioner of corrections may authorize certain persons in his employment to assist law enforcement officers or correctional officers of local governments in preserving order and peace when so requested by such local authorities.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
SB 2. By Senators Kennedy of the 4th, Coleman of the 1st, Howard of the 42nd and others:
A bill to amend Title 9 of the Official Code of Georgia Annotated, relating to civil practice, so as to provide that the period of limitation for actions for medical malpractice shall begin to run against persons who are minors when such persons attain the age of five years; to provide that certain actions shall not be revived or extinguished.
The House has agreed to the Senate amendments to the following bills of the House:
HB 441. By Representatives Pannell of the 122nd, Alien of the 127th, Johnson of the 123rd, Hamilton of the 124th, Kingston of the 125th and others: A bill to amend an Act making provisions for the Magistrate Court of Chatham County and abolishing the Municipal Court of Savannah, so as to provide for the collection of additional costs as law library fees.
HB 386. By Representatives Birdsong of the 104th and Waldrep of the 80th: A bill to amend an Act providing for the appointment of the chief magistrate and other magistrates of the Magistrate Court of Jones County, so as to provide that the judge of the Probate Court of Jones County shall serve as chief magistrate of the Magistrate Court of Jones County.
The House has disagreed to the Senate substitute to the following bill of the House:
HB 1. By Representatives Thomas of the 69th, Chambless of the 133rd, Waldrep of the 80th, Groover of the 99th, Porter of the 119th and others: A bill to provide substantive and comprehensive civil justice reform affecting tort claims litigation; to provide a short title; to amend Article 4 of Chapter 3 of Title

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9 of the Official Code of Georgia Annotated, relating to medical malpractice ac tion limitations, so as to subject minors and incompetents to the article; 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 collateral sources shall be admissible.
The House recedes from its position in disagreeing to the Senate amendment to the following bill of the House:
HB 386. By Representatives Birdsong of the 104th and Waldrep of the 80th:
A bill to amend an Act providing for the appointment of the chief magistrate and other magistrates of the Magistrate Court of Jones County, so as to provide that the judge of the Probate Court of Jones County shall serve as chief magistrate of the Magistrate Court of Jones County.
The House has adopted by the requisite constitutional majority the following resolution of the House:
HR 307. By Representatives Murphy of the 18th, Lee of the 72nd, Connell of the 87th, Walker of the 115th, Groover of the 99th and others:
A resolution relative to adjournment.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
SB 75. By Senators Dawkins of the 45th, Barnes of the 33rd, Dean of the 31st and others:
A bill to amend Article 6 of Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to benefits under the "Employment Security Law," so as to provide for changes in the amount of the maximum weekly benefit; to provide that an individual who is discharged or suspended from work for certain causes shall be disqualified for benefits until he earns insured wages equal to eight times the weekly benefit amount of his claim.
The House has passed by the requisite constitutional majority the following bill of the House:
HB 810. By Representative Bishop of the 94th:
A bill to amend Code Section 12-3-194 of the Official Code of Georgia Annotated, relating to the powers of the Stone Mountain Memorial Association generally, so as to provide that the association shall be empowered to sell, upon obtaining a license from the Department of Revenue, alcoholic beverages for consumption on the premises only upon property operated or controlled by the association.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 359. By Senators Kidd of the 25th and Bryant of the 3rd: A bill to amend Article 2 of Chapter 4 of Title 38 of the Official Code of Georgia Annotated, relating to veterans' benefits, so as to authorize the Veterans Service Board to establish, operate, and maintain a Georgia War Veterans Cemetery in this state; to provide restrictions for interment.
Referred to Committee on Defense and Veterans Affairs.

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SB 360. By Senators Deal of the 49th, Barnes of the 33rd and Harris of the 27th:
A bill to amend Code Section 32-6-26 of the Official Code of Georgia Annotated, relating to weight limitations for vehicles and loads, so as to ensure that Geor gia's legal definition of "tandem axle" shall continue to agree with the federal definition and thus avoid crucial problems; to define the term "triaxle". Referred to Committee on Transportation.
SB 361. By Senator Dawkins of the 45th:
A bill to amend Code Section 33-27-1 of the Official Code of Georgia Annotated, relating to requirements for group life insurance policies, so as to delete require ments that certain group life insurance policies may be placed in force only if a certain percentage of the eligible employees elects to make the required contribu tions to the premium. Referred to Committee on Insurance.
SB 362. By Senator Echols 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 creating the Pierce County Industrial Development and Building Authority; to provide the authority for this Act. Referred to Committee on Urban and County Affairs.
SB 363. By Senator Echols of the 6th:
A bill to amend an Act creating a board of commissioners of Pierce County, as amended, so as to change the expense allowances of the chairman and the other members of the board of commissioners of Pierce County. Referred to Committee on Urban and County Affairs.
SB 364. By Senator Garner of the 30th:
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 for a return to maximum benefits and for certain options in connection therewith in the event of the death of the retiree's beneficiary or beneficiaries; to provide for the designation of beneficiaries by married members to be with the knowledge of spouses. Referred to Committee on Retirement.
SB 365. By Senator Walker of the 43rd:
A bill to amend Article 6 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to registration of voters, so as to provide that license examin ers employed by the Department of Public Safety shall be deputies to certain boards of registrars; to provide for powers and duties of such deputies; to provide for additional registration places. Referred to Committee on Governmental Operations.
SB 366. By Senator Howard of the 42nd:
A bill to amend Part 4 of Article 7 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to foreclosure of security interest in personalty, so as to change the provisions relating to authority to foreclose and executions relat ing thereto; to change the provisions relating to petitions for and issuance of writs of possession. Referred to Committee on Judiciary.

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SB 367. By Senators Peevy of the 48th, Allgood of the 22nd, Stumbaugh of the 55th and others:
A bill to amend Code Section 31-9-6 of the Official Code of Georgia Annotated, relating to requirements for valid consent to certain surgical or medical treat ment, so as to change certain provisions relating to consent to certain medical treatment; to provide for informed consent to surgical treatment; to provide for disclosure of procedures and courses of treatment. Referred to Committee on Special Judiciary.
SB 368. By Senator Coleman of the 1st:
A bill to amend Code Section 32-6-24 of the Official Code of Georgia Annotated, relating to dimensions and weights of vehicles and loads, so as to correct the Public Law reference; to authorize the department to designate and place appro priate signs upon those roads, streets, or highways on the State Highway System upon which the department determines vehicles exceeding 60 feet in length may reasonably operate; to provide an effective date. Referred to Committee on Transportation.
SR 157. By Senator Kidd of the 25th:
A resolution authorizing the State Properties Commission to resolve a title mat ter affecting state land in Baldwin County, Georgia; to authorize the conveyance of an easement and the acceptance of a quitclaim deed in connection therewith; to provide an effective date. Referred to Committee on Public Utilities.
SR 158. By Senator Deal of the 49th:
A resolution creating the Senate Public School Employee Ethics and Grievance Procedures Study Committee. Referred to Committee on Rules.
The following bills of the House were read the first time and referred to committees:
HB 202. By Representatives Bray of the 91st, Lee of the 72nd, Holmes of the 28th and Moultrie of the 93rd:
A bill to amend Article 3 of Chapter 3 of Title 21 of the Official Code of Georgia Annotated, relating to municipal elections, so as to provide for a uniform munici pal election date; to provide for four-year terms for municipal offices; to author ize the General Assembly to provide for two-year terms and concurrent or stag gered terms for municipal offices by local Acts. Referred to Committee on Urban and County Affairs (General).
HB 269. By Representative Wilder of the 21st:
A bill to amend Chapter 10 of Title 43 of the Official Code of Georgia Annotated, relating to cosmetologists, so as to authorize the performance of cosmetology ser vices in locations other than a licensed beauty shop or salon in certain cases where clients are unable to go to such shop or salon for reasons of ill health, infirmity, or other physical disability. Referred to Committee on Governmental Operations.
HB 308. By Representatives Wood of the 9th, Phillips of the 120th, Jackson of the 9th and others:
A bill to amend Code Section 12-5-23 of the Official Code of Georgia Annotated, relating to the powers and duties of the Environmental Protection Division of

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the Department of Natural Resources relative to the control of water pollution, so as to repeal a provision relating to marine toilets; to amend Article 1 of Chap ter 7 of Title 52 of the Official Code of Georgia Annotated, known as the "Geor gia Boat Safety Act", so as to provide for definitions of the terms "discharged", "marine toilet", "sewage", and "sole state waters". Referred to Committee on Natural Resources.
HB 460. By Representatives Hays of the 1st, Peters of the 2nd, Snow of the 1st and others:
A bill to amend Part 1 of Article 8 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to sale of petroleum products, and Code Section 406-222 of the Official Code of Georgia Annotated, relating to handicapped parking permits, so as to provide for special disability permits; to require certain gasoline stations to dispense gasoline to holders of such permits at self-service prices under certain conditions. Referred to Committee on Consumer Affairs.
HB 561. By Representatives Couch of the 40th, Adams of the 36th, Sinkfield of the 37th and others:
A bill to amend Code Section 36-44-3 of the Official Code of Georgia Annotated, relating to definitions under the "Redevelopment Powers Law", so as to provide for additional areas to be included in the definition of a redevelopment area. Referred to Committee on Urban and County Affairs (General).
HB 600. By Representative Steinberg of the 46th:
A bill to amend Code Section 43-7A-8 of the Official Code of Georgia Annotated, relating to eligibility for licensure as a professional counselor, social worker, and marriage and family therapist, so as to provide that certain persons practicing a specialty on or before July 1, 1985, who have applied for licensure prior to May 1, 1987, and who meet certain additional statutory requirements, shall not be re quired to pass the established examination for such specialty. Referred to Committee on Human Resources.
HB 647. By Representatives Walker of the 115th, Lee of the 72nd and Groover of the 99th:
A bill to amend Article 2 of Chapter 17 of Title 50 of the Official Code of Georgia Annotated, the "Georgia State Financing and Investment Commission Act", so as to change the definition of the term "general obligation debt" as used in said Act; to provide that said definition shall include obligations of this state issued to provide public library facilities for county and independent school systems and other governmental entities. Referred to Committee on Appropriations.
HB 652. By Representatives Triplett of the 128th and Murphy of the 18th:
A bill to amend Code Section 40-6-181 of the Official Code of Georgia Annotated, relating to maximum motor vehicle speed limits, so as to authorize the commis sioner of transportation, in conformity with federal law, to increase certain maxi mum speed limits. Referred to Committee on Transportation.
HB 776. By Representative Isakson of the 21st:
A bill to amend Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, so as to change the offenses which are baila-

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879

ble only before a judge of the superior court; to change the provisions relating to releasing persons on bail or their own recognizance when those persons have committed certain offenses. Referred to Committee on Judiciary.
HB 795. By Representatives Milford of the 13th, Clark of the 13th and Yeargin of the 14th:
A bill to amend an Act to provide compensation for the judge of the superior court of the Northern Judicial Circuit, so as to change the compensation of the judges of the Northern Judicial Circuit.
Referred to Committee on Judiciary.
HB 796. By Representatives Buck of the 95th and Robinson of the 96th:
A bill to amend Code Section 40-6-394 of the Official Code of Georgia Annotated, relating to serious injury by vehicle, so as to change the maximum penalty which may be imposed.
Referred to Committee on Judiciary.
HB 804. By Representatives Buck of the 95th, Lane of the lllth, Stancil of the 66th and others:
A bill to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to limitations concerning the inspection of public records, so as to pro vide that Article 4 of Chapter 18 of Title 50, relating to inspection of public records, shall not be applicable to certain trade secrets and proprietary information.
Referred to Committee on Higher Education.
HB 809. By Representatives Pinkston of the 100th, Beck of the 148th and Long of the 142nd:
A bill to amend Code Section 20-3-266 of the Official Code of Georgia Annotated, relating to powers and duties of the Georgia Higher Education Assistance Corpo ration, so as to authorize the corporation to broaden the definition of the terms "student" and "eligible student". Referred to Committee on Higher Education.
HB 810. By Representative Bishop of the 94th:
A bill to amend Code Section 12-3-194 of the Official Code of Georgia Annotated, relating to the powers of the Stone Mountain Memorial Association generally, so as to provide that the association shall be empowered to sell, upon obtaining a license from the Department of Revenue, alcoholic beverages for consumption on the premises only upon property operated or controlled by the association.
Referred to Committee on Consumer Affairs.
HB 811. By Representatives Isakson of the 21st, Wilder of the 21st, Atkins of the 21st and others:
A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to the registration and licensing of motor vehicles, so as to authorize the local tag agents to charge an additional fee for the purchase of license plates or revalidation decals by mail. Referred to Committee on Transportation.

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HB 825. By Representative Ray of the 98th: A bill to amend an Act creating a new charter for the City of Byron, so as to change the corporate limits of the city by incorporating certain additional terri tory therein.
Referred to Committee on Urban and County Affairs.
HB 827. By Representative Stancil of the 66th: A bill to provide that the school superintendent of the Oconee County School District shall be appointed by the board of education rather than elected.
Referred to Committee on Urban and County Affairs.
HB 829. By Representative Mobley of the 64th: A bill to create the Barrow County Water and Sewerage Authority.
Referred to Committee on Urban and County Affairs.
HB 832. By Representatives Bargeron of the 108th and Ricketson of the 82nd: A bill to amend an Act reincorporating the City of Louisville in Jefferson County, so as to provide that a person holding the office of coroner is specifically author ized to simultaneously hold any office of the City of Louisville.
Referred to Committee on Urban and County Affairs.
HB 833. By Representatives Triplett of the 128th, Mueller of the 126th, Johnson of the 123rd and others: A bill to amend an Act creating a charter for the City of Bloomingdale, so as to include certain additional territory within the corporate limits.
Referred to Committee on Urban and County Affairs.
HB 834. By Representative Smith of the 78th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the City of Barnesville and County of Lamar Development Authority.
Referred to Committee on Urban and County Affairs.
HB 838. By Representatives Smith of the 156th and Ramsey of the 155th: A bill to amend an Act creating a board of commissioners of Glynn County, so as to change the expense allowance of the chairman and members of the board.
Referred to Committee on Urban and County Affairs.
HB 845. By Representatives Isakson of the 21st, Gresham of the 21st, Cooper of the 20th and others: A bill to amend an Act providing for the compensation of the judge of the Juve nile Court of Cobb County, so as to change the compensation of said judge.
Referred to Committee on Urban and County Affairs.
HB 846. By Representatives Dunn of the 73rd and Smith of the 78th: A bill to amend an Act providing a new board of commissioners of Henry County, so as to change the compensation of the members of the board of commissioners.
Referred to Committee on Urban and County Affairs.

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881

HB 847. By Representatives Dunn of the 73rd and Smith of the 78th:
A bill to amend an Act providing a new board of commissioners of Henry County, so as to provide that no person shall be eligible to seek election to or to serve as a member of the board if such person holds or is seeking election to any other federal, state, or local office. Referred to Committee on Urban and County Affairs.
HB 855. By Representative Green of the 106th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing for the election of members of the County Board of Education of Hancock County by the people.
Referred to Committee on Urban and County Affairs.
HB 856. By Representative Parrish of the 109th:
A bill to amend an Act establishing the State Court of Candler County, so as to correct an inaccurate internal reference to certain general laws relating to the granting of new trials and to provide that the grounds and procedures for grant ing new trials in certain cases shall be followed as set forth in Chapter 5 of Title 5 of the Official Code of Georgia Annotated. Referred to Committee on Urban and County Affairs.
HB 857. 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 Candler County Industrial Authority. Referred to Committee on Urban and County Affairs.
HB 858. By Representative Parrish of the 109th:
A bill to provide a board of elections for Emanuel County. Referred to Committee on Urban and County Affairs.
HB 864. By Representative Heard of the 43rd:
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 the mem bers of the Board of Education of Fayette County by the people; to provide the authority for this Act. Referred to Committee on Urban and County Affairs.
HB 865. By Representative Carrell of the 65th: A bill to create the Walton County Water and Sewerage Authority.
Referred to Committee on Urban and County Affairs.
HB 866. By Representative Carrell 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 providing that all of Walton County ex clusive of the independent school system of Social Circle shall comprise one school district, and it shall be under the control and management of a county board of education; to provide the authority for this Act.
Referred to Committee on Urban and County Affairs.

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HB 868. By Representatives Clark of the 13th and Milford of the 13th:
A bill to amend an Act creating a new charter for the City of Colbert, so as to change the term of the office of mayor. Referred to Committee on Urban and County Affairs.

HB 875. By Representatives Gresham of the 21st, Isakson of the 21st, Atkins of the 21st 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, so as to change the compensation of the tax commissioner and the chief clerk of the tax commissioner.
Referred to Committee on Urban and County Affairs.

The following reports of standing committees were read by the Secretary:

Mr. President:

The Committee on Governmental Operations has had under consideration the following bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 16. Do pass by substitute. SB 292. Do pass. SB 305. Do pass by substitute.

SR 147. HB 9. HB 43.

Do pass. Do pass. Do pass by substitute.

SB 318. Do pass. SB 345. Do pass by substitute.

HB 452. Do pass. HB 558. Do pass.

Respectfully submitted,

Senator Kidd of the 25th District, Chairman

Mr. President:

The Committee on Industry and Labor has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 175. Do pass by substitute.

HB 300. Do pass.

SB 312. Do pass by substitute.

HB 328. Do pass.

HB 108. Do pass by substitute.

Respectfully submitted,

Senator Dawkins of the 45th District, Chairman

Mr. President:

The Committee on Insurance has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 218. Do pass by substitute. SB 306. Do pass.

HB 159. Do pass by substitute. HB 508. Do pass by substitute.

Respectfully submitted,

Senator Stumbaugh of the 55th District, Chairman

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883

Mr. President:

The Committee on Natural Resources 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 6. Do pass.

HB 655. Do pass.

HB 239. Do pass.

HR 9. Do pass.

HB 383. Do pass.

Respectfully submitted,

Senator Gillis of the 20th District, Chairman

The following communication from Senator Timmons of the llth, Chairman of the Sen ate Retirement Committee, was received and read by the Secretary:

The State Senate Atlanta, Georgia 30334
February 18, 1987
Hamilton McWhorter, Jr. Secretary of the Senate 353 State Capitol Atlanta, GA 30334
Dear Hamilton:
Due to my necessary absence from the City on February 19th, I will be unable to pre side at the Senate Retirement Committee meeting at 3:30 p.m. February 19th.
In my absence, I designate Senator Horace Tate of the 38th, Vice Chairman, to preside and consider any legislation before the Committee which is legally permissible to act upon.
Sincerely,
/s/ J.H. Timmons, Chairman Senate Retirement Committee

The following reports of standing committees were read by the Secretary:

Mr. President:

The Committee on Retirement has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 277. Do pass by substitute. HB 354. Do pass. HB 355. Do pass.
Respectfully submitted,
Senator Tate of the 38th District, Vice Chairman

Mr. President:

The Committee on Special Judiciary has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 158. Do pass as amended.

HB 76. Do pass.

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HB 234. Do pass.

HB 493. Do pass. Respectfully submitted,
Senator Peevy of the 48th District, Chairman

Mr. President:

The Committee on Transportation 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 335. Do not pass. SB 344. Do pass.

HB 606. Do pass. HR 188. Do pass.

Respectfully submitted,

Senator Coleman of the 1st District, Chairman

The following communication from Lieutenant Governor Miller, President of the Sen ate, was received and read by the Secretary:

The State Senate Atlanta, Georgia 30334
February 18, 1987
Hamilton McWhorter, Jr. Secretary of the Senate 353 State Capitol Atlanta, GA 30334
Dear Hamilton:
Due to a death in the family of Senator Turner of the 8th, Chairman of the Urban and County Affairs Committee, I hereby designate Senator Tolleson of the 32nd, Vice Chairman, to preside over the meetings of the Urban and County Affairs Committee scheduled for February 19th and 20th at 8:30 a.m. and to consider any local bills before the Committee.
Sincerely,
/s/ Zell Miller

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 341. HB 236. HB 276. HB 284. uHrB> 4A9M5. HB 744.

Do pass. Do pass. Do pass. Do pass. ^ Do pass. Do pass.

HB 756. Do pass. HB 760 Do pass

HB 785. Do pass.

HB 789 -
HB 805-

K D PaSS. Do Pass-

HB 749. Do pass.

HB 806. Do pass.

Respectfully submitted,

Senator Tolleson of the 32nd District, Vice Chairman

FRIDAY, FEBRUARY 20, 1987

885

The following bills and resolutions of the Senate and House were read the second time:
SB 96. By Senator Kidd of the 25th:
A bill to amend Code Section 49-5-12 of the Official Code of Georgia Annotated, relating to licensing and inspection of private and public child welfare agencies and facilities, so as to prohibit the Department of Human Resources from regu lating the curriculum taught in group day-care homes or day-care centers; to re quire persons who operate group day-care homes and day-care centers to post telephone numbers of the nearest or applicable providers of emergency medical, fire, or police services.
SB 113. By Senator Deal of the 49th: A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to torts in general, so as to provide a qualified immunity from civil liabil ity for persons serving as directors, officers, and trustees of certain nonprofit organizations.
SB 204. By Senators Langford of the 35th, Scott of the 36th, Tate of the 38th and others:
A bill to amend an Act creating and establishing a purchasing department in certain counties of the state, as amended, so as to change the provisions relative to emergency purchases; to change the provisions relative to purchases by com petitive bids; to provide an effective date.
SB 278. By Senator Walker of the 43rd:
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 change the definition of the term "consumer transactions"; to declare that certain acts in connection with the purchase of property used as a dwelling place shall be unfair or deceptive practices.
SB 287. By Senator Echols of the 6th:
A bill to amend Code Section 19-3-30 of the Official Code of Georgia Annotated, relating to when, where, and by whom marriage licenses are issued, so as to pro vide that if one of the persons to be married is a resident of this state, the license may be issued in any county of this state.
SB 289. By Senators Howard of the 42nd, Hine of the 52nd, Barnes of the 33rd and others:
A bill to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to change certain definitions relat ing to substituting generic drugs; to eliminate two-line prescription forms; to al low for generic substitution by a licensed pharmacist when the prescriber does not designate "brand necessary" on a prescription form.
SB 315. 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 change certain provisions relating to definitions; to substitute the term "paramedic" for "ad vanced emergency medical technician" everywhere it appears in this chapter.
SB 334. By Senator Brannon of the 51st: A bill to add one additional judge of the superior court for the Appalachian Judi cial Circuit; to amend Code Section 15-6-2 of the Official Code of Georgia Anno-

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tated, relating to numbers of judges for each judicial circuit, so as to provide for such additional judge; to provide for the initial appointment and subsequent election of said judge; to provide for all related matters; to provide an effective date.
SB 339. By Senator Barnes of the 33rd:
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 seven the number of judges for the Cobb Judicial Circuit; to provide for the selection and term of such judge; to provide for the compensation, salary, and expense allowance of said judge to be paid by the State of Georgia and the county comprising said circuit.
SR 13. By Senator Broun of the 46th:
A resolution creating the University System Laboratory, Equipment, Rehabilita tion Technology, and Eminent Scholars Endowment Study Committee.
SR 75. By Senator Kidd of the 25th:
A resolution creating the Georgia Medical Care Foundation Study Committee.
SR 91. By Senators Dean of the 31st, Tolleson of the 32nd, Albert of the 23rd and others:
A resolution creating the Senate Music Industry Committee, an interim study committee, and a citizens' advisory council thereto.
SR 92. By Senators Peevy of the 48th, Broun of the 46th and Holloway of the 12th:
A resolution creating the Land Information System Joint Study Committee.
SR 117. By Senator Barker of the 18th:
A resolution designating the month of March, 1987, as "Parents Without Part ners Month".
SR 144. By Senators Allgood of the 22nd, Deal of the 49th and Peevy of the 48th:
A resolution creating the Grand Jury Study Committee.
HB 87. By Representatives Crosby of the 150th, Murphy of the 18th, Dover of the llth and Bishop of the 94th:
A bill to amend Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code", so as to extensively revise provisions relating to Georgia income tax; to revise provisions relating to Georgia estate tax; to define the terms "Internal Revenue Code", "Internal Revenue Code of 1954", and "Internal Reve nue Code of 1986" and to thereby incorporate provisions of federal law into Georgia law.
HB 335. By Representatives Brown of the 88th, Bishop of the 94th, Aaron of the 56th, Atkins of the 21st and Randall of the 101st:
A bill to amend Article 1 of Chapter 4 of Title 3 of the Official Code of Georgia Annotated, relating to general provisions affecting distilled spirits, so as to au thorize the display of a sign bearing the trade name of a licensed retail dealer and related items on the outside of the business premises.

FRIDAY, FEBRUARY 20, 1987

887

HB 365. By Representative Robinson of the 96th:
A bill to amend Code Section 16-11-106 of the Official Code of Georgia Anno tated, relating to the possession of a firearm or knife during the commission of or attempt to commit certain crimes, so as to clarify that such firearm or knife must be in the possession of the person.
HB 402. By Representatives Wood of the 9th, Ray of the 98th, Branch of the 137th and others:
A bill to amend Code Section 38-2-279 of the Official Code of Georgia Annotated, relating to the rights of public officers and employees absent on military duty as members of the organized militia or reserve forces, so as to change the provisions relative to the pay of public officers and employees while engaged in the perform ance of ordered military duty.
HB 515. By Representative Lane of the 27th:
A bill to amend Chapter 41 of Title 43 of the Official Code of Georgia Annotated, relating to recreation leaders, the practice of therapeutic recreation, and the State Board of Recreation Examiners, so as to change the provisions relating to the definition of a therapeutic recreation specialist.
HB 553. By Representatives Aiken of the 21st and Padgett of the 86th:
A bill to amend Code Section 33-27-1 of the Official Code of Georgia Annotated, relating to group life insurance requirements generally, so as to increase the max imum coverage for debtors.
HB 590. By Representatives Stephens of the 68th, Thurmond of the 67th, Milford of the 13th and Clark of the 13th:
A bill to amend an Act providing a supplement to the salary of the judges of the superior courts of the Western Judicial Circuit, so as to change the supplemen tary compensation to be paid to each judge of the superior courts of the Western Judicial Circuit.
HB 619. By Representatives Smyre of the 92nd, Benefield of the 72nd and Lawson of the 9th:
A bill to amend Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to bonds, so as to create and provide for a state plan of allocating the issuance of certain bonds within the state among the governmental units or other authorities authorized to issue bonds.
HB 649. By Representative Groover of the 99th:
A bill to amend Code Section 16-9-20 of the Official Code of Georgia Annotated, relating to the offense of issuance of bad checks, so as to include a contempora neous extension of additional credit and a written waiver of lien rights as present consideration.
HB 678. By Representative Watson of the 114th:
A bill to amend Article 4 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to fraud and related offenses, so as to define credit repair services organization and other terms; to provide for the offense of operating a credit repair services organization.

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HR 98. By Representatives Robinson of the 58th, Watson of the 114th, Hamilton of the 124th and others:
A resolution creating the Joint Comprehensive Energy Resources Policy Committee.

The President called for the morning roll call, and the following Senators answered to their names:

Albert Allgood Baldwin Barker Barnes Bowen Brannon BrBB,rrrooywuannnt ooff,. 44,6,,7t.th,h Burton
Coleman Coverdell
Crumbley Dawkins Deal Dean Echols

Edge English Engram Fincher Foster Garner Gilhs HHH,,iaanrrerni.sson Howard
Hudgins Huggins
Kidd Land Langford McGill McKenzie

Newbill

Olmstead

Peevy

Perry

Phillips

R

p.

oS0_ccootttt

of, of

,,23n6dt,h,

Shumake

Starr Stumbaugh
Tate Timmons Tolleson Tysinger Walker

Not answering were Senators Kennedy (presiding) and Turner (excused).

Senator Harris of the 27th introduced the chaplain of the day, Reverend James Edmonds, pastor of Roberta Baptist Church, Roberta, Georgia, who offered scripture reading and prayer.

Senator Barker of the 18th moved that the following bill of the House be withdrawn from the Senate Committee on Special Judiciary and committed to the Senate Committee on Children and Youth:

HB 454. By Representative Galer of the 97th:
A bill to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to change certain provisions relating to the crime of sexual exploitation of children; to prohibit any person from exchanging, selling, purchasing, or delivering any minor in connection with the production of any visual or print medium or performance depicting a minor engaged in sexually explicit conduct.

On the motion, the yeas were 29, nays 0; the motion prevailed, and HB 454 was with drawn from the Senate Committee on Special Judiciary and committed to the Senate Com mittee on Children and Youth.

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:

FRIDAY, FEBRUARY 20, 1987

889

SENATE LOCAL CONSENT CALENDAR
Friday, February 20, 1987
TWENTY-EIGHTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 341 Gillis, 20th City of Soperton Treutlen County
Amends Act providing new charter for city; changes contempt punishments which may be imposed by the Municipal Court, formerly the Recorder's Court.
HB 236 Engram, 34th Langford, 35th Scott, 36th Tate, 38th Shumake, 39th Coverdell, 40th Newbill, 56th Fulton County
Continues amendment which relates to the authorization of General Assem bly to enact laws authorizing Fulton County and the governing authorities of the schools of said county to create a retirement and pension fund and a system of retirement pay for county and county school employees of county.
HB 276 Engram, 34th Langford, 35th Scott, 36th Tate, 38th Shumake, 39th Coverdell, 40th Newbill, 56th Howard, 42nd Stumbaugh, 55th City of Roswell Fulton County
Amends Act establishing new charter for city; changes corporate limits of city.
HB 284 Engram, 34th Langford, 35th Scott, 36th Tate, 38th Shumake, 39th Coverdell, 40th Newbill, 56th Fulton County
Provides an exemption for full value of homestead from Fulton County ad valorem taxes, except ad valorem taxes for bonded indebtedness and for Fulton County School District, for each resident of Fulton County who is 70 years of age or over or disabled if resident's gross income does not exceed the maximum amount which may be received by a person and a person's spouse under the federal Social Security Act.

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HB 495 Edge, 28th City of Griffin Spalding County
Amends Act creating new charter for city; changes number of members of municipal governing body from five to seven and the manner of electing such members by providing for election of six members from single-member dis tricts apportioned on the basis of population and one member elected at large.
HB 744 Perry, 7th City of Willacoochee Atkinson County
Amends Act creating new charter for city; changes terms of office to be served by mayor and aldermen.
HB 749 Brown, 47th Franklin County
Amends Act repealing an Act creating office of commissioner of roads and bridges and a board of finance for county; creates office of commissioner of county and an advisory board; changes meeting date of advisory board.
HB 756 English, 21st City of Waynesboro Burke County
Amends Act establishing State Court of county, formerly City Court of Waynesboro; changes terms of said court.
HB 760 Ragan, 10th Bowen, 13th City of Doerun Colquitt County
Continues amendment authorizing governing authority of city of Doerun to issue bonds without a vote of the people to refund its present or any future bonded indebtedness legally incurred that may be or become unpaid.
HB 785 Dean, 31st Paulding County
Continues amendment authorizing governing authority of county to enter into contracts and other agreements, including certain security deeds and notes, for any period not exceeding 30 years.
HB 789 Baldwin, 29th Garner, 30th Carroll County
Amends Act establishing State Court of county; changes compensation of judge, solicitor, and judge's secretary.
HB 805 Hudgins, 15th Land, 16th Muscogee County
Amends Act establishing State Court of county; creates an additional judge of said court.

FRIDAY, FEBRUARY 20, 1987

891

HB 806 Hudgins, 15th Land, 16th City of Columbus Muscogee County
Amends Act providing that judge of Municipal Court of Columbus and Mus cogee County shall serve as the chief magistrate of the Magistrate Court of county; changes the compensation provisions relating to chief magistrate.

HB 691 Muggins, 53rd Walker County
Amends Act placing probate judge of county on salary basis; changes provi sions relating to amount of funds for compensation of personnel of said of ficer.

The amendment to the following bill was put upon its adoption:

HB 691:

Senator Huggins of the 53rd offered the following amendment:

Amend HB 691 by striking the figure "$26,250.00" on line 23 of page 1 and inserting in its place the figure "$27,000.00".

On the adoption of the amendment, the yeas were 44, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the 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 Bowen Brannon Broun of 46th Brown of 47th Bryant Burton Coverdell Crumbley Deal Dean

Echols Edge English Engram Fincher Foster Gillis Harris Hine Hudgins Kidd Land McGill McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Tolleson Tysinger Walker

Those not voting were Senators:

Coleman Dawkins Garner Harrison

Howard Huggins Kennedy (presiding) Langford

Ray Timmons Turner (excused)

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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 691, having received the requisite constitutional majority, were passed.
HB 691, having received the requisite constitutional majority, was passed as amended.
SENATE RULES CALENDAR
Friday, February 20, 1987
TWENTY-EIGHTH LEGISLATIVE DAY
SR 145 Roger F. Kahn, Fulton County--elect as member of Election Board (RULES--20th)
HB 148 Strategic State-Wide Rural Economic Development Plan--provide (U&CA G--43rd)
SB 73 Common-Law Arbitration--repeal certain provisions (SUBSTITUTE) (JUDY--49th)
HB 399 Trucks With More Than Six (6) Wheels--unlawful to operate in certain lanes (AMENDMENT) (TRANS--1st)
HB 92 Inmate Injuring Others--question of communicable disease transmission (SUB STITUTE) (CORR--30th)
SR 120 Glynn County--conveyance of state owned property (PUB U--3rd) HB 16 Magistrate Courts--charge for recording of writs of execution (S JUDY--48th) SB 313 Child Labor--provision for employment certificate, minor under 16 years of age
(SUBSTITUTE) (ED--50th) HR 64 Governor's Task Force on Adult Literacy--create (RULES--33rd) HB 73 Food for Free Distribution--limit liability of donors (SUBSTITUTE)
(JUDY--32nd) HB 210 Corporations--provide initial name reservation period (JUDY--52nd) SB 302 Corporations, Railroad Corporate Directors--indemnification (SUBSTITUTE)
(JUDY--22nd) HR 133 Ware County--Properties Commission grant Waycross easement for water ser
vice repair (PUB U--7th) HB 21 Rural Telephone Cooperative Fee--same as charged to other corporations (PUB
U--29th) HB 18 Revocation of Living Will--clearly express "living will", no "will" (S
JUDY--48th) HB 12 Student Immunization--period of time may be waived (HUM R--42nd) SB 255 Wills--marital deductions (JUDY--22nd) HB 183 Jury Lists--change provisions on compilation, revision (JUDY--28th) HB 456 Trapping, Selling Live Fox--new permit (NAT R--20th) HB 377 State Court Solicitors--residency requirements (JUDY--20th) SR 99 Bonded Indebtedness Without Referendum--cities certain population (U&CA
G--35th) SB 248 Landlord--unlawful to suspend furnishing utilities (SUBSTITUTE)
(I&L--52nd) SB 263 Governing Authority, Cities with Certain Population--mayor enter into contracts
certain property (U&CA G--35th)

FRIDAY, FEBRUARY 20, 1987

893

HB 291 Writs of Possession--removal of tenant's mobile home, trailer or other transport able housing (JUDY--49th)
Respectfully submitted,
/s/ Nathan Dean Dean of the 31st, Chairman Senate Rules Committee

The following general resolution of the Senate, favorably reported by the committee, was read the third time and put upon its adoption:

SR 145. By Senators Gillis of the 20th and Harris of the 27th:
A resolution electing Mr. Roger F. Kahn of Fulton County as a member of the State Election Board.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell Crumbley Deal Dean

Echols Edge English Engram Fincher Foster Gillis Harris Howard Hudgins Huggins Kidd Land Langford McGill McKenzie

Newbill Olmstead Peevy Perry Ragan
Rivayv
Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Tolleson Tysinger Walker

Those not voting were Senators:

Dawkins Garner Harrison

Hine Kennedy (presiding) Phillips

Timmons Turner (excused)

On the adoption of the resolution, the yeas were 47, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

The President assumed the Chair.

Senator Coverdell of the 40th introduced Honorable Newt Gingrich, United States Rep resentative from Georgia's 6th Congressional District, who briefly addressed the Senate.

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The following general bills of the House and Senate, favorably reported by the commit tees, were read the third time and put upon their passage:

HB 148. By Representatives Holmes of the 28th, Royal of the 144th, Adams of the 36th, Milam of the 81st, Felton of the 22nd and others:
A bill to amend Code Section 50-8-8 of the Official Code of Georgia Annotated, relating to planning and development duties of the Department of Community Affairs, so as to provide for a strategic state-wide rural economic development plan.
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 Bowen Brannon Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell Crumbley Deal Dean

Echols Edge English Engram Fincher Foster Gillis Harris Hine Howard Hudgins Huggins Kennedy Kidd Land

Langford McGill Newbill Peevy Perry Phillips Ray Scott of 2nd Scott of 36th Shumake Tate Timmons Tolleson Tysinger Walker

Those not voting were Senators:

Barnes Dawkins Garner Harrison

McKenzie Olmstead Ragan

Starr Stumbaugh Turner (excused)

On the passage of the bill, the yeas were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Kennedy of the 4th, President Pro Tempore, resumed the Chair.

SB 73. By Senator Deal of the 49th:
A bill to amend Chapter 9 of Title 9 of the Official Code of Georgia Annotated, relating to arbitration, so as to repeal certain provisions relative to common-law arbitration; to repeal certain provisions relating to special statutory provisions relative to arbitration; to extend certain provisions relative to arbitration of con struction contracts to agreements to arbitrate generally.

FRIDAY, FEBRUARY 20, 1987

895

The Senate Committee on Judiciary offered the following substitute to SB 73:
A BILL
To be entitled an Act to amend Chapter 9 of Title 9 of the Official Code of Georgia Annotated, relating to arbitration, so as to repeal certain provisions relative to common-law arbitration; to repeal certain provisions relating to special statutory provisions relative to arbitration; to extend certain provisions relative to arbitration of construction contracts to agreements to arbitrate generally; to provide for a short title; to provide for applicability; to provide for enforcement of agreements to arbitrate without regard to justiciability of the controversy; to change certain provisions relative to venue; to provide for orders of attach ment and preliminary injunctions under certain circumstances; to provide for court discre tion in applying bar of limitation of time; to provide for waiver of limitation of time; to provide for time for asserting limitation of time as bar; to provide procedures for applica tions to compel arbitration; to change certain requirements in the appointment of arbitra tors; to eliminate the requirement of an oath for arbitrators; to remove the authority of the court to override the arbitrators' selection of location for hearings; to provide time for as serting right to an attorney; to provide that such right to an attorney may not be waived; to provide for service on attorney for party; to provide for authority of arbitrators; to remove authority of court to deny enforcement of arbitrators' subpoenas; to provide authority for parties to obtain certain information; to provide procedures relative to the time for award; to change the times for applications for vacation and modification of awards; to change certain procedures and grounds for such applications; to provide that arbitrations be en forced as other judgments or decrees; to remove authority of court to reduce or disallow expenses; to provide for effect of death or incompetency of a party in arbitration; to provide for consolidation of arbitration proceedings; to provide for arbitration of international dis putes; to provide for applicability; to provide for procedures; to provide for arbitrators; to provide for authority of arbitrators; to provide for selection of law governing arbitration; to provide for experts; to provide for confirmation or vacation of awards; to provide for en forcement of awards; to provide for time limitations; to repeal specifically Article 1 and Parts 1, 2, and 3 of Article 2 of said chapter; to provide for redesignation of certain provi sions; to provide for all matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 9 of Title 9 of the Official Code of Georgia Annotated, relating to arbitration, is amended by striking Article 1 of said chapter, relating to common-law arbi tration in its entirety, and inserting in lieu thereof a new Part 1 of Article 1 to read as follows:
"ARTICLE 1
Part 1
9-9-1. This part shall be known and may be cited as the 'Georgia Arbitration Code.'
9-9-2. (a). Part 3 of Article 2 of this chapter, as it existed prior to July 1, 1987, applies to agreements specified in subsection (b) of this Code section made between July 1, 1978, and July 1, 1987. This part applies to agreements specified in subsection (b) of this Code section made on or after July 1, 1987, and to disputes arising on or after July 1, 1987, in agreements specified in subsection (c) of this Code section.
(b) Part 3 of Article 2 of this chapter, as it existed prior to July 1, 1987, shall apply 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 made between July 1, 1978, and July 1, 1987, and on and after July 1, 1987, this part shall apply as provided in subsection (a) of this Code section and shall provide the exclusive means by which agreements to arbitrate disputes arising under such contracts can be enforced.
(c) This part shall apply to all disputes in which the parties thereto have agreed in

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writing to arbitrate and shall provide the exclusive means by which agreements to arbitrate disputes can be enforced, except the following, to which this part shall not apply:
(1) Agreements coming within the purview of Article 2 of this chapter, relating to arbi tration of medical malpractice claims;
(2) Any collective bargaining agreements between employers and labor unions repre senting 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 Title 11, the 'Uni form Commercial 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 in the 'Fair Business Practices Act of 1975.'
9-9-3. A written agreement to submit any existing controversy to arbitration or a provi sion in a written contract to submit any controversy thereafter arising to arbitration is en forceable without regard to the justiciable character of the controversy and confers jurisdic tion on the courts of the state to enforce it and to enter judgment on an award.
9-9-4 (a) (1) Any application to the court under this part shall be made to the superior court of the county where venue lies, unless the application is made in a pending court action, in which case it shall be made to the court hearing that action. Subsequent applica tions shall be made to the court hearing the initial application unless the court otherwise directs.
(2) All applications shall be by motion and shall be heard in the manner provided by law and rule of court for the making or hearing of motions, provided that the motion shall be filed in the same manner as a complaint in a civil action.
(b) Venue for applications to the court shall lie:
(1) In the county where the agreement provides for the arbitration hearing to be held; or
(2) If the hearing has already been held, in the county where it was held; or
(3) In the county where any party resides or does business; or
(4) If there is no county as described in paragraph (1), (2), or (3) of this subsection, in any county.
(c) (1) A demand for arbitration shall be seived on the other parties by registered or certified mail, return receipt requested.
(2) The initial application to the court shall be served on the other parties in the same manner as a complaint under Chapter 11 of this title.
(3) All other papers required to be served by this part shall be served in the same manner as pleadings subsequent to the original complaint and other papers are served under Chapter 11 of this title.
(d) In determining any matter arising under this part, the court shall not consider whether the claim with respect to which arbitration is sought is tenable nor otherwise pass upon the merits of the dispute.
(e) The superior court in the county in which an arbitration is pending, or, if not yet commenced, in a county specified in subsection (b) of this Code section, may entertain an application for an order of attachment or for a preliminary injunction in connection with an

FRIDAY, FEBRUARY 20, 1987

897

arbitrable controversy, but only upon the ground that the award to which the applicant may be entitled may be rendered ineffectual without such provisional relief.
9-9-5. (a) If a claim sought to be arbitrated would be barred by limitation of time had the claim sought to be arbitrated been asserted in court, a party may apply to the court to stay arbitration or to vacate the award, as provided in this part. The court has discretion in deciding whether to apply the bar. A party waives the right to raise limitation of time as a bar to arbitration in an application to stay arbitration by that party's participation in the arbitration.
(b) Failure to make this application to the court shall not preclude a party from assert ing before the arbitrators limitation of time as a bar to the arbitration. The arbitrators, in their sole discretion, shall decide whether to apply the bar. This exercise of discretion shall not be subject to review of the court on an application to confirm, vacate, or modify the award except upon the grounds hereafter specified in this part for vacating or modifying an award.
9-9-6. (a) A party aggrieved by the failure of another to arbitrate may apply for an order compelling arbitration. If the court determines there is no substantial issue concerning the validity of the agreement to submit to arbitration or compliance therewith and the claim sought to be arbitrated is not barred by limitation of time, the court shall order the parties to arbitrate. If a substantial issue is raised or the claim is barred by limitation of time, the court shall summarily hear and determine that issue and, accordingly, grant or deny the application for an order to arbitrate. If an issue claimed to be arbitrable is involved in an action pending in a court having jurisdiction to hear a motion to compel arbitration, the application shall be made by motion in that action. If the application is granted, the order shall operate to stay a pending or subsequent action, or so much of it as is referable to arbitration.
(b) Subject to subsections (c) and (d) of this Code section, a party who has not partici pated in the arbitration and who has not made an application to compel arbitration may apply to stay arbitration on the grounds that:
(1) No valid agreement to submit to arbitration was made;
(2) The agreement to arbitrate was not complied with; or
(3) The arbitration is barred by limitation of time.
(c) A party may serve upon another party a demand for arbitration. This demand shall specify:
(1) The agreement pursuant to which arbitration is sought;
(2) The name and address of the party serving the demand;
(3) That the party served with the demand shall be precluded from denying the validity of the agreement or compliance therewith or from asserting limitation of time as a bar in court unless he makes application to the court within 30 days for an order to stay arbitra tion; and
(4) The nature of the dispute or controversy sought to be arbitrated; provided, however, that the demand for arbitration may be amended by either party to include disputes arising under the same agreement after the original demand is served.
(d) After service of the demand, or any amendment thereof, the party served must make application within 30 days to the court for a stay of arbitration or he will thereafter be precluded from denying the validity of the agreement or compliance therewith or from as serting limitation of time as a bar in court. Notice of this application shall be served on the othtr parties. The right to apply for a stay of arbitration may not be waived, except as provided in this Code section.
(e) Unless otherwise provided in the arbitration agreement, a party to an arbitration

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agreement may petition the court to consolidate separate arbitration proceedings, and the court may order consolidation of separate arbitration proceedings when:
(1) Separate arbitration agreements or proceedings exist between the same parties or one party is a party to a separate arbitration agreement or proceeding with a third party;
(2) The disputes arise from the same transactions or series of related transactions; and
(3) There is a common issue or issues of law or fact creating the possibility of conflicting rulings by more than one arbitrator or panel of arbitrators.
(f) If all the applicable arbitration agreements name the same arbitrator, arbitration panel, or arbitration tribunal, the court, if it orders consolidation under subsection (e) of this Code section, shall order all matters to be heard before the arbitrator, panel, or tribunal agreed to by the parties. If the applicable arbitration agreements name separate arbitrators, panels, or tribunals, the court, if it orders consolidation under subsection (e) of this Code section, shall, in the absence of an agreed method of selection by all parties to the consoli dated arbitration, appoint an arbitrator.
(g) In the event that the arbitration agreements in proceedings consolidated under sub section (e) of this Code section contain inconsistent provisions, the court shall resolve such conflicts and determine the rights and duties of various parties.
(h) If the court orders consolidation under subsection (e) of this Code section, the court may exercise its discretion to deny consolidation of separate arbitration proceedings only as to certain issues, leaving other issues to be resolved in separate proceedings.
9-9-7. (a) If the arbitration agreement provides for a method of appointment of arbitra tors, that method shall be followed. If there is only one arbitrator, the term 'arbitrators' shall apply to him.
(b) The court shall appoint one or more arbitrators on application of a party if:
(1) The agreement does not provide for a method of appointment;
(2) The agreed method fails;
(3) The agreed method is not followed for any reason; or
(4) The arbitrators fail to act and no successors have been appointed.
(c) An arbitrator appointed pursuant to subsection (b) of this Code section shall have all the powers of one specifically named in the agreement.
9-9-8. (a) The arbitrators, in their discretion, shall appoint a time and place for the hearing notwithstanding the fact that the arbitration agreement designates the county in which the arbitration hearing is to be held and shall notify the parties in writing, personally or by registered or certified mail, not less than ten days before the hearing. The arbitrators may adjourn or postpone the hearing. The court, upon application of any party, may direct the arbitrators to proceed promptly with the hearing and determination of the controversy.
(b) The parties are entitled to be heard; to present pleadings, documents, testimony, and other matters; and to cross-examine witnesses. The arbitrators may hear and determine the controversy upon the pleadings, documents, testimony, and other matters produced not withstanding the failure of a party duly notified to appear.
(c) A party has the right to be represented by an attorney and may claim such right at any time as to any part of the arbitration or hearings which have not taken place. This right may not be waived. If a party is represented by an attorney, papers to be served on the party may be served on the attorney.
(d) The hearing shall be conducted by all the arbitrators unless the parties otherwise agree; but a majority may determine any question and render and change an award, as provided in this part. If during the course of the hearing, an arbitrator for any reason ceases to act, the remaining arbitrator or arbitrators appointed to act as neutrals may continue with the hearing and determination of the controversy.

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(e) The arbitrators shall maintain a record of all pleadings, documents, testimony, and other matters introduced at the hearing. The arbitrators or any party to the proceeding may have the proceedings transcribed by a court reporter.
(f) Except as provided in subsection (c) of this Code section, a requirement of this Code section may be waived by written consent of the parties or by continuing with the arbitra tion without objection.
9-9-9. (a) The arbitrators may issue subpoenas for the attendance of witnesses and for the production of books, records, documents, and other evidence. These subpoenas shall be served and, upon application to the court by a party or the arbitrators, enforced in the same manner provided by law for the service and enforcement of subpoenas in a civil action.
(b) Notices to produce books, writings, and other documents or tangible things; deposi tions; and other discovery may be used in the arbitration according to procedures estab lished by the arbitrators.
(c) A party shall have the opportunity to obtain a list of witnesses and to examine and copy documents relevant to the arbitration.
(d) Witnesses shall be compensated in the same amount and manner as witnesses in the superior courts.
9-9-10. (a) The award shall be in writing and signed by the arbitrators joining in the award. The arbitrators shall deliver a copy of the award to each party personally or by registered or certified mail, return receipt requested, or as provided in the agreement.
(b) An award shall be made within the time fixed therefor by the agreement or, if not so fixed, within 30 days following the close of the hearing or within such time as the court orders. The parties may extend in writing the time either before or after its expiration. A party waives the objection that an award was not made within the time required unless he notifies in writing the arbitrators of his objection prior to the delivery of the award to him.
9-9-11. (a) Pursuant to the procedure described in subsection (b) of this Code section, the arbitrators may change the award upon the following grounds:
(1) There was a miscalculation of figures or a mistake in the description of any person, thing, or property referred to in the award;
(2) The arbitrators have awarded upon a matter not submitted to them and the award may be corrected without affecting the merits of the decision upon the issues submitted; or
(3) The award is imperfect in a matter of form, not affecting the merits of the controversy.
(b) (1) An application to the arbitrators for a change in the award shall be made by a party within 20 days after delivery of the award to the applicant. Written notice of this application shall be served upon the other parties.
(2) Objection to a change in the award by the arbitrators must be made in writing to the arbitrators within ten days of service of the application to change. Written notice of this objection shall be served upon the other parties.
(3) The arbitrators shall dispose of any application made under this Code section in a written, signed order within 30 days after service upon them of objection to change or upon the expiration of the time for service of this objection. The parties may extend, in writing, the time for this disposition by the arbitrators either before or after its expiration.
(4) An award changed under this Code section shall be subject to the provisions of this part concerning the confirmation, vacation, and modification of awards by the court.
9-9-12. The court shall confirm an award upon application of a party made within one year after its delivery to him, unless the award is vacated or modified by the court as pro vided in this part.

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9-9-13. (a) An application to vacate an award shall be made to the court within three months after delivery of a copy of the award to the applicant.
(b) The award shall be vacated on the application of a party who either participated in the arbitration or was served with a demand for arbitration if the court finds that the rights of that party were prejudiced by:
(1) Corruption, fraud, or misconduct in procuring the award;
(2) Partiality of an arbitrator appointed as a neutral;
(3) An overstepping by the arbitrators of their authority or such imperfect execution of it that a final and definite award upon the subject matter submitted was not made; or
(4) A failure to follow the procedures of this part, unless the party applying to vacate the award continued with the arbitration with notice of this failure and without objection.
(c) The award shall be vacated on the application of a party who neither participated in the arbitration nor was served with a demand for arbitration or order to compel arbitration if the court finds that:
(1) The rights of the party were prejudiced by one of the grounds specified in subsec tion (b) of this Code section;
(2) A valid agreement to arbitrate was not made;
(3) The agreement to arbitrate has not been complied with; or
(4) The arbitrated claim was barred by limitation of time, as provided by this part.
(d) The fact that the relief was such that it could not or would not be granted by a court of law or equity is not ground for vacating or refusing to confirm the award.
(e) Upon vacating an award, the court may order a rehearing and determination of all or any of the issues either before the same arbitrators or before new arbitrators appointed as provided by this part. In any provision of an agreement limiting the time for a hearing or award, time shall be measured from the date of such order or rehearing, whichever is appro priate, or a time may be specified by the court. The court's ruling or order under this Code section shall constitute a final judgment and shall be subject to appeal in accordance with the appeal provisions of this part.
9-9-14. (a) An application to modify the award shall be made to the court within three months after delivery of a copy of the award to the applicant.
(b) The court shall modify the award if:
(1) There was a miscalculation of figures or a mistake in the description of any person, thing, or property referred to in the award;
(2) The arbitrators awarded on a matter not submitted to them and the award may be corrected without affecting the merits of the decision upon the issues submitted; or
(3) The award is imperfect in a manner of form, not affecting the merits of the controversy.
(c) If the court modifies the award, it shall confirm the award as modified. If the court denies modification, it shall confirm the award made by the arbitrators.
9-9-15. (a) Upon confirmation of the award by the court, judgment shall be entered in the same manner as provided by Chapter 11 of this title and be enforced as any other judg ment or decree.
(b) The judgment roll shall consist of the following:
(1) The agreement and each written extension of time within which to make the award;
(2) The award;
(3) A copy of the order confirming, modifying, or correcting the award; and

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(4) A copy of the judgment.
9-9-16. Any judgment or any order considered a final judgment under this part may be appealed pursuant to Chapter 6 of Title 5.
9-9-17. Unless otherwise provided in the agreement to arbitrate, the arbitrators' ex penses and fees, together with other expenses, not including counsel fees, incurred in the conduct of the arbitration, shall be paid as provided in the award.
9-9-18. Where a party dies or becomes incompetent after making a written agreement to arbitrate, the proceedings may be begun or continued upon the application of, or upon no tice to, his executor or administrator or trustee or guardian or, where it relates to real prop erty, his distributee or devisee who has succeeded to his interest in the real property. Upon the death or incompetency of a party, the court may extend the time within which an appli cation to confirm, vacate, or modify the award or to stay arbitration must be made. Where a party has died since an award was delivered, the proceedings thereupon are the same as where a party dies after a verdict."
Section 2. Said chapter is further amended by adding a new Part 2 of Article 1 to read as follows:
"Part 2
9-9-30. In order to encourage the use of arbitration in the resolution of conflicts arising out of international transactions effectuating the policy of the state to provide a conducive environment for international business and trade, this part supplements Part 1 of this arti cle and shall be used concurrently with the provisions of Part 1 of this article whenever an arbitration is within the scope of this part.
9-9-31. (a) This part shall apply to arbitrations within its scope notwithstanding provi sions in Part 1 of this article to the contrary.
(b) This part shall apply only to the arbitration of disputes between:
(1) Two or more persons at least one of whom is domiciled or established outside the United States; or
(2) Two or more persons all of whom are domiciled or established in the United States if the dispute bears some relation to property, contractual performance, investment, or other activity outside the United States.
(c) Notwithstanding the provisions of subsection (b) of this Code section, this part shall not apply to the arbitration of any of the exceptions set forth in Part 1 of this article.
9-9-32. For purposes of this part, in particular, an agreement is in writing if it is con tained in a document signed by the parties or in an exchange of letters, telex, telegrams, or other means of telecommunication which provide a record of the agreement; or in an ex change of statements of claim and defense in which the existence of an agreement is alleged by one party and not denied by another. The reference in a contract to a document contain ing an arbitration clause constitutes an arbitration agreement, provided that the contract is in writing and the reference is such as to make that clause part of the contract.
9-9-33. No person shall be precluded by reason of his nationality from acting as an arbitrator, unless otherwise agreed by the parties.
9-9-34. The arbitrators may rule on their own jurisdiction, including any objections with respect to the existence or validity of the arbitration agreement. For that purpose, an arbi tration clause which forms part of a contract shall be treated as an agreement independent of the other terms of the contract. A decision by the arbitrators that the contract is null and void shall not thereby invalidate the arbitration clause.
9-9-35. The arbitrators may grant such interim relief as they consider appropriate and, in so doing, may require a party to post bond or give other security. The power conferred in this Code section upon the arbitrators is without prejudice to the right of a party to request

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interim relief directly from any court, tribunal, or other governmental authority, inside or outside this state, and to do so without prior authorization of the arbitrators.
9-9-36. Selection of this state as the place of arbitration shall not in itself constitute selection of the procedural or substantive law of that place as the law governing the arbitration.
9-9-37. (a) The parties are free to agree on the language or languages to be used in the arbitral proceedings. Failing such agreement, the arbitrators shall determine the language or languages to be used in the proceedings. This agreement or determination, unless otherwise specified therein, shall apply to any written statement by a party, any hearing, and any award, decision, or other communication by the arbitrators.
(b) The arbitrators may order that any documentary evidence shall be accompanied by a translation into the language or languages agreed upon by the parties or determined by the arbitrators.
9-9-38. (a) Unless otherwise agreed by the parties, the arbitrators:
(1) May appoint one or more experts to report on specific issues to be determined by the arbitrators; and
(2) May require a party to give the expert any relevant information or to produce, or to provide access to, any relevant documents, goods, or other property for his inspection.
(b) Unless otherwise agreed by the parties, if a party so requests or if the arbitrators consider it necessary, the expert shall, after delivery of his written or oral report, participate in a hearing where the parties have the opportunity to put questions to him and to present expert witnesses in order to testify on the points at issue.
9-9-39. (a) A written statement of the reasons for an award shall be issued if the parties agree to the issuance thereof or the arbitrators determine that a failure to do so could prejudice recognition or enforcement of the award.
(b) If so agreed by the parties, a party, with notice to the other party, may request the arbitrators to give an interpretation of a specific point or part of the award. The interpreta tion shall form part of the award.
(c) The arbitrators may award reasonable fees and expenses actually incurred, includ ing, without limitation, fees and expenses of legal counsel to any party to the arbitration and shall allocate the costs of the arbitration among the parties as it determines appropriate.
9-9-40. The courts of this state shall confirm or vacate a final award, notwithstanding the fact that it grants relief in a currency other than United States dollars.
9-9-41. If a final award has been reduced to judgment or made the subject of official action by any court, tribunal, or other governmental authority outside the United States, the courts of this state shall confirm or vacate the award without regard to any term or condition of the foreign judgment or official action and without regard to whether the award may be deemed merged into judgment.
9-9-42. An arbitration award irrespective of where it was made, on the basis of reciproc ity, shall be recognized as binding and shall be enforceable in the courts of this state subject to the grounds for vacating an award under Part 1 of this article and providing that the award is not contrary to the public policy of this state with respect to international transac tions. Reciprocity in the recognition and enforcement of foreign arbitral awards shall be in accordance with applicable federal laws, international conventions, and treaties.
9-9-43. For arbitrations arising under this part, time periods set forth in the following Code sections of Part 1 of this article shall be modified as follows:
(1) The time periods referred to in subsections (c) and (d) of Code Section 9-9-6 and in Code Section 9-9-11 shall be doubled;

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(2) The time period contained in subsection (b) of Code Section 9-9-10 shall not be applicable; and
(3) The ten-day time period in subsection (a) of Code Section 9-9-8 shall be 30 days."
Section 3. Said chapter is further amended by striking existing Parts 1, 2, and 3 of Article 2 and by redesignating Code Sections 9-9-110 through 9-9-133 of existing Part 4 of Article 2 as Code Sections 9-9-60 through 9-9-83, respectively, of new Article 2.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 30, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Brannon Broun of 46th Brown of 47th Bryant Burton Coleman Crumbley Dawkins Deal Dean

Echols Edge Engram Fincher Foster Garner Gillis Harris Harrison Hine Hudgins Huggins Kidd Land Langford

McGill Newbill Olmstead Perry Phillips Ragan Ray Scott of 2nd Scott of 36th Shumake Starr Tate Tolleson Tysinger Walker

Those not voting were Senators:

Bowen Coverdell English Howard

Kennedy (presiding) McKenzie Peevy

Stumbaugh Timmons Turner (excused)

On the passage of the bill, the yeas were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following resolution of the House was read and put upon its adoption:

HR 307. By Representatives Murphy of the 18th, Lee of the 72nd, Connell of the 87th and others:
A resolution relative to adjournment by the General Assembly at 5:00 o'clock P.M. on Friday, February 20, and to reconvene at 10:00 o'clock A.M. on Monday, February 23.

On the adoption of the resolution, the yeas were 36, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

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The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
SB 118. By Senators Coleman of the 1st, Huggins of the 53rd and Bryant of the 3rd:
A bill to amend Code Section 32-3-1 of the Official Code of Georgia Annotated, relating to the acquisition of property or an interest therein for public road and other transportation purposes, so as to define when property or an interest therein may be acquired for future public road purposes; to provide an effective date.
The House substitute to SB 118 was as follows:
A BILL
To be entitled an Act to amend Code Section 32-3-1 of the Official Code of Georgia Annotated, relating to the acquisition of property or an interest therein for public road and other transportation purposes, so as to define when property or an interest therein may be acquired for future public road purposes; to provide for expenses and fees in connection with the acquisition of property by eminent domain; 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 32-3-1 of the Official Code of Georgia Annotated, relating to the acquisition of property or an interest therein for public road and other transportation pur poses, is amended by striking subsection (c) thereof which reads as follows:
"(c) Property or interests shall not be acquired for 'future public road purposes,' as that term is used in this Code section, unless:
(1) Construction will be commenced on the property to be acquired within a period of not less than two years nor more than ten years following the end of the fiscal year in which the secretary of transportation of the United States approves an advance of all the neces sary funds to the department for the acquisition of rights of way for such construction under authority of Title 23, Section 108, United States Code, as amended; and
(2) The intended acquisition is part of a specific plan of highway development, and the acquisition will assist in accomplishing one or more of the following:
(A) A substantial monetary savings;
(B) The enhancement of the integration of highways with public or private urban rede velopment; or
(C) The forestalling of the physical or functional obsolescence of highways.",
and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) Property or an interest therein may be acquired for 'future public road purposes,' as that term is used in this Code section, when the intended acquisition is part of a specific plan of highway development and will assist in accomplishing one or more of the following:
(1) A substantial monetary savings;
(2) The enhancement of the integration of highways with public or private urban redevelopment;
(3) The forestalling of the physical or functional obsolescence of highways; or
(4) Alleviate a hardship placed upon a private property owner by knowledge of the impending highway improvement."
Section 2. Said Code section is further amended by adding at the end thereof a new subsection, to be designated subsection (e), to read as follows:
"(e) (1) In any proceeding brought for the acquisition of property by the exercise of the

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905

power of eminent domain, the condemnor shall be liable for the reasonable expenses, includ ing attorney's fees, incurred by the condemnee in determining just and adequate compensa tion if the award of compensation to the condemnee in such proceeding exceeds the last firm offer made by the condemnor by 15 percent or greater. The amount of such expenses shall be decided by the judge or presiding officer or officers in such proceeding and shall be a separate entry upon the award made to the condemnee. The award of such expenses shall be filed and recorded in the manner in which the award is so filed. The amount included for attorney's fees shall not exceed 25 percent of the difference in the award and the last firm offer made by the condemnor.
(2) Upon the appeal of an award of compensation, other than for expenses, by a con demnor under Chapter 2 of Title 22, such condemnor shall be liable for the reasonable ex penses, including attorney's fees, incurred by the condemnee in the superior court. Such expenses shall be decided by the judge and shall be a separate entry upon the final judg ment of the court.
(3) If an award of compensation, other than for expenses, is appealed by a condemnee under Chapter 2 of Title 22, the reasonable expenses, including attorney's fees, incurred in the superior court may, in the exercise of the discretion of the judge, be awarded to the condemnee. The amount included for attorney's fees shall not exceed 25 percent of the ex cess of the amount of the verdict over the amount of the award appealed from. The judge shall decide whether such expenses are warranted after a consideration of the following:
(A) The ultimate success of the appeal by the condemnee;
(B) The existence of a legitimate question regarding just and adequate compensation;
(C) The existence of other issues on appeal;
(D) A disparity of greater than 25 percent between the last firm offer by a condemnor and the amount awarded in the proceeding from which the appeal was taken;
(E) A disparity in the proceeding from which the appeal was taken between the amount awarded to the condemnee compared with similar awards;
(F) Other circumstances which serve to indicate that an appeal was not frivolous or for the purpose of harassment or delay; and
(G) Any consequential benefits immediately available to the condemnee resulting from the project.
(4) For any case on appeal in the Supreme Court or Court of Appeals in which a judg ment is returned in favor of the condemnee, the appellate court shall award reasonable ex penses, including attorney's fees in connection with the appeal, to the condemnee."
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 Coleman of the 1st moved that the Senate disagree to the House substitute to SB 118,
Senator Deal of the 49th moved that the Senate agree to the House substitute to SB 118.
Senator Hudgins of the 15th moved that the House substitute to SB 118 be printed.
Senator Deal of the 49th asked unanimous consent to withdraw his motion that the Senate agree to the House substitute to SB 118, and the consent was granted.
Senator Coleman of the 1st asked unanimous consent to withdraw his motion that the Senate disagree to the House substitute to SB 118, and the consent was granted.

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On the motion offered by Senator Hudgins of the 15th that the House substitute be printed, the yeas were 36, nays 0; the motion prevailed, and the House substitute to SB 118 was ordered printed, and the action on the bill was postponed subject to the printing.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 399. By Representatives Triplett of the 128th, Jackson of the 9th, Holcomb of the 72nd and Birdsong of the 104th:
A bill to amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to the uniform rules of the road, so as to make it unlawful for trucks equipped with more than six wheels to operate in certain lanes on certain high ways; to make it unlawful for persons to impede normal traffic flow.
Senate Sponsor: Senator Coleman of the 1st.

The Senate Committee on Transportation offered the following amendment:

Amend HB 399 by adding on line 12 of page 2 after the word "lane" the following: "at less than the maximum lawful speed limit". By striking from line 15 of page 2 the following: "motor vehicle traveling at a higher rate of speed.' ", and inserting in its place the following: "motor vehicle traveling at a higher rate of speed, except when such motor vehicle is preparing for a left turn.' "

On the adoption of the amendment, the yeas were 38, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen B,B, rroanunnoonef 4.,,6.t,h Brown of 47th Bryant Burton
Coleman Coverdell Crumbley Dawkins Deal

Dean Echols Edge Engram Fincher Foster TGHTialrlirsis Harrison Hine Hudgins
Huggins Kidd Land Langford McGill

McKenzie Newbill Olmstead Peevy Phillips p oQ,,co..tt.. or,,.. 20,,n..d,, ott of 36th
btumbaugn Tate Timmons Tolleson Tysinger Walker

Voting in the negative were Senators Perry and Ragan.

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907

Those not voting were Senators:

English Garner

Howard Kennedy (presiding)

Shumake Turner (excused)

On the passage of the bill, the yeas were 47, nays 2.

The bill, having received the requisite constitutional majority, was passed as amended.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

SB 2. By Senators Kennedy of the 4th, Coleman of the 1st, Howard of the 42nd, Barnes of the 33rd, Dean of the 31st and others:
A bill to amend Title 9 of the Official Code of Georgia Annotated, relating to civil practice, so as to provide that the period of limitation for actions for medical malpractice shall begin to run against persons who are minors when such persons attain the age of five years; to provide that certain actions shall not be revived or extinguished.

The House substitute to SB 2 was as follows:

A BILL
To be entitled an Act to amend Article 4 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to limitations for malpractice actions, so as to repeal certain disabilities and exceptions applicable to the limitation of actions for medical malpractice; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 4 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to limitations for malpractice actions, is amended by repealing in its entirety Code Section 9-3-73, relating to certain disabilities and exceptions applicable to the period of limitation for medical malpractice actions, which reads as follows:
"9-3-73. The disabilities and exceptions prescribed in Article 5 of this chapter in limit ing actions on contracts shall be allowed and held applicable to actions, whether in tort or contract, for medical malpractice.",
and inserting in its place the following: "9-3-73. Reserved."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Coleman of the 1st moved that the Senate disagree to the House substitute to SB 2.

On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SB 2.

The following bill of the House was taken up for the purpose of considering the House action thereon:

HB 1. By Representatives Thomas of the 69th, Chambless of the 133rd, Waldrep of the 80th, Groover of the 99th, Porter of the 119th and others:
A bill to provide substantive and comprehensive civil justice reform affecting tort claims litigation; to provide a short title; to amend Article 4 of Chapter 3 of Title 9 of the O.C.G.A., relating to medical malpractice action limitations, so as to

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subject minors and incompetents to the article; to amend Chapter 12 of title 51 of the O.C.G.A., relating to damages in tort actions, so as to provide that evi dence of collateral sources shall be admissible.
Senator Deal of the 49th moved that the Senate insist upon the Senate substitute to HB 1.
On the motion, the yeas were 38, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 1.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
SB 75. By Senators Dawkins of the 45th, Barnes of the 33rd, Dean of the 31st and McKenzie of the 14th:
A bill to amend Article 6 of Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to benefits under the "Employment Security Law," so as to provide for changes in the amount of the maximum weekly benefit; to provide that an individual who is discharged or suspended from work for certain causes shall be disqualified for benefits until he earns insured wages equal to eight times the weekly benefit amount of his claim.
The House substitute to SB 75 was as follows:
A BILL
To be entitled an Act to amend Article 6 of Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to benefits under the "Employment Security Law," so as to provide for changes in the amount of the maximum weekly benefit; to provide that an indi vidual who is discharged or suspended from work for certain causes shall be disqualified for benefits until he earns insured wages equal to eight times the weekly benefit amount of his claim; to provide that an individual shall be disqualified for benefits until he earns insured wages equal to 12 times the weekly benefit amount of his claim or equal to 16 times the weekly benefit of his claim if such individual is discharged from employment because of certain instances of intentional conduct; to provide exceptions from certain disqualifications for benefits; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 6 of Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to benefits under the "Employment Security Law," is amended by striking in its entirety subsection (b) of Code Section 34-8-153, relating to determinations of weekly bene fit amounts, and inserting in its place a new subsection (b) to read as follows:
"(b) An individual's weekly benefit amount shall be that whole dollar amount, disre garding any fraction of a dollar, computed by dividing the total insured wages paid such individual in the highest two quarters of his base period by 50, provided insured wages were paid such individual during two or more quarters of his base period and the total of such wages equals or exceeds 1.5 times the total insured wages paid such individual in that quar ter of his base period in which such total wages were highest; provided, however, that for benefit years beginning on or after July 1, 1983, no weekly benefit amount shall be estab lished for less than $27.00 nor more than $125.00; provided, further, that for benefit years beginning on or after July 1, 1985, no weekly benefit amount shall be established for less than $27.00 nor more than $135.00; provided, further, that for benefit years beginning on or after July 1, 1986, no weekly benefit amount shall be established for less than $27.00 nor more than $145.00; provided, further, that for benefit years beginning on or after July 1, 1987, when the weekly benefit amount, as computed, would be more than $26.00 but less than $37.00, the individual's weekly benefit amount will be $37.00, and no weekly benefit

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909

amount shall be established for less than $37.00 nor more than $155.00; provided, further, that for benefit years beginning on or after July 1, 1988, no weekly benefit amount shall be established for less than $37.00 nor more than $165.00, except that the maximum weekly benefit amount shall be $115.00 for all benefit years beginning on or after the first Monday of the third week following the week in which the amount in the Unemployment Trust Fund becomes less than $175 million."
Section 2. Said article is further amended by striking in its entirety paragraph (2) of Code Section 34-8-158, relating to grounds for disqualification for benefits, and inserting in its place a new paragraph (2) to read as follows:
"(2) (A) For the week or fraction thereof in which he has filed an otherwise valid claim for benefits after he has been discharged or suspended from work with his most recent em ployer for failure to obey orders, rules, or instructions or for failure to discharge the duties for which he was employed as determined by the Commissioner according to the circum stances in the case and until he has secured employment and shows to the satisfaction of the Commissioner that he has performed services in bona fide employment and earned in sured wages for services in employment equal to at least eight times the weekly benefit amount of his claim; provided that in the Commissioner's determination the burden of proof of just discharge or suspension for cause as set forth shall be on the employer and the pre sumption shall be with the employee; provided, further, that:
(i) An individual shall secure employment and show to the satisfaction of the Commis sioner that he has performed services in bona fide employment and earned insured wages equal to at least 12 times the weekly benefit amount of his claim, if it is determined by the Commissioner that he has been discharged for cause by the most recent employer for one or more of the following reasons:
(I) Intentional conduct on the premises of the employer or while on the job which re sults in a physical assault upon or bodily injury to the employer, fellow employees, custom ers, patients, bystanders, or the eventual consumer of products; or
(II) Intentional conduct that results in the employee being discharged for, and limited to, the following: theft of property, goods, or money valued at $100.00 or less and
(ii) An individual shall secure employment and show to the satisfaction of the Commis sioner that he has performed services in bona fide employment and earned insured wages equal to at least 16 times the weekly benefit amount of his claim if it is determined by the Commissioner that he has been discharged for cause by the most recent employer for one or more of the following reasons:
(I) Intentional conduct by the employee which results in property loss or damages amounting to $2,000.00 or more; or
(II) Intentional conduct that results in the employee being discharged for, and limited to, the following: theft of property, goods, or money valued at over $100.00, sabotage, or embezzlement.
(B) An individual shall not be disqualified for benefits under subparagraph (A) of this paragraph if, based on the rules and regulations promulgated by the Commissioner, the Commissioner determines:
(i) The individual made a good faith effort to perform the duties for which hired but is simply unable to do so;
(ii) The individual did not intentionally fail or consciously neglect to perform his job duties;
(iii) The discharge occurred because of absenteeism and the absences were caused by illness of the claimant or a family member, unless the claimant has without justification failed to notify the employer;
(iv) The discharge occurred as a violation of the employer's rule of which the claimant was not informed, by having been made aware thereof by the employer or through common

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knowledge. Consistency of prior enforcement shall be taken into account as to the reasona bleness or existence of the rule and such rule must be lawful and reasonably related to job environment and job performance; or
(v) Except for activity requiring disqualification under paragraph (4) of this Code sec tion, the employee was exercising a protected right to protest against wages, hours, working conditions, or job safety under the federal National Labor Relations Act or other laws."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Dawkins of the 45th moved that the Senate agree to the House substitute to SB 75.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun of 46th BBrroywannt of 47th
Burton
Coleman Crumbley Dawkins Deal
Dean

Echols Edge English Engram Fincher Foster Garner Gillis HHaarrrriisson
Hine
Howard Hudgins Huggins Kidd
Land

McKenzie Newbill Olmstead Peevy Perry phmi R "ag "Scaoytt of, ,,2nd,
Stumbaugh
1 a^e Timmons Tolleson Tysinger
Walker

Voting in the negative were Senators Langford and Scott of 36th.

Those not voting were Senators:

Coverdell Kennedy (presiding)

McGill Shumake

Starr Turner (excused)

On the motion, the yeas were 47, nays 2; the motion prevailed, and the Senate agreed to the House substitute to SB 75.

The following general bills and resolutions of the Senate and House, favorably reported by the committees, were read the third time and put upon their passage:

HB 92. By Representative Couch of the 40th:
A bill to amend Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to penal institutions in general, so as to provide that if any inmate of any institution injures or contacts an officer or other person in such a manner as to present a possible threat of transmission of a communicable disease, then the warden, jailer, or other appropriate official may take all reasonable steps to de termine whether the inmate has a communicable disease.
Senate Sponsors: Senators Garner of the 30th and Barnes of the 33rd.

FRIDAY, FEBRUARY 20, 1987

911

The Senate Committee on Corrections offered the following substitute to HB 92:
A BILL
To be entitled an Act to amend Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to penal institutions in general, so as to provide that if any inmate of any institution injuries or contacts a law enforcement officer, correctional officer, fireman, emergency medical technician, or other person in such a manner as to present a possible threat of transmission of a communicable disease, then the warden, jailer, or other appropri ate official may take all reasonable steps to determine whether the inmate has a communica ble disease; to provide that such steps may include medical examination and the collection of medical specimens; to provide that upon failure of an inmate to cooperate in such proce dures, the superior court may issue a warrant authorizing the use of any degree of force reasonably necessary to complete such procedures; to provide for the cost of such proce dures to be borne by the jurisdiction having custody of the inmate; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to penal institutions in general, is amended by adding at the end thereof a new Code Section 42-1-6 to read as follows:
"42-1-6. If any inmate of any state or county correctional institution, county or munici pal jail, or other similar facility, while such inmate is in custody or in the process of being taken into custody, injures or has injured or contacts or has contacted a law enforcement officer, correctional officer, fireman, emergency medical technician, or other person in such a manner as to present a possible threat of transmission of a communicable disease to the person so injured or contacted, then the warden, jailer, or other official having charge of such inmate may take all reasonable steps to determine whether the inmate has a communi cable disease capable of being transmitted by the injury or contact involved. Such steps may include, but shall not be limited to, any appropriate medical examination of or collection of medical specimens from the inmate. In the event an inmate refuses to cooperate in any such procedures, the warden, jailer, or other official may apply to the superior court of the county for an order authorizing the use of any degree of force reasonably necessary to complete such procedures. Upon a showing of probable cause that the injury presents the threat of transmission of a communicable disease, the court shall issue an order authorizing the peti tioner to use reasonable measures to perform any medical procedures reasonably necessary to ascertain whether a communicable disease has been transmitted. In addition to any other grounds sufficient to show probable cause for the issuance of such an order, such probable cause may be conclusively established by evidence of the injury or contact in question and a statement by a licensed physician that the nature of the injury or contact is such as to present a threat of transmission of a communicable disease if the inmate has such a disease. The cost of any procedures carried out under this Code section shall be borne by the juris diction having custody of the inmate."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 35, nays 0, and the substitute was adopted.
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:

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JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun of 46th Brown of 47th Burton Coleman Coverdell Crumbley Deal Dean Echols

Edge English Engram Fincher Foster Garner Gillis Harris Harrison Hine Howard Hudgins Huggins Kidd Land Langford

McKenzie Newbill Olmstead Peevy Perry Phillips Ragan Ray Scott of 36th Shumake Starr Stumbaugh Tate Tolleson Tysinger Walker

Those not voting were Senators:

Bryant Dawkins Kennedy (presiding)

McGill Scott of 2nd

Timmons Turner (excused)

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

SR 120. By Senators Bryant of the 3rd and Echols of the 6th:
A resolution authorizing the conveyance of certain state owned real property lo cated in Glynn County, Georgia, to the City of Brunswick and the acceptance of certain real property owned by the City of Brunswick located in Glynn County, Georgia, in consideration therefor; to provide an effective date.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes
Brannon Broun of 46th
* Ty* nt pCCoo"lv"eem0r"daenll Crumbley Dawkins Deal Dean Echols Edge

English Engram Fincher Foster
Garner Gmis
Harrison H,,Hiunde,gi.ns Huggins Kidd Land Langford McGill McKenzie

Newbill Olmstead Peevy Perry
Phillips R
Ray S0Shc, outmt aok.fe36th Starr Stumbaugh Tate Tolleson Tysinger Walker

FRIDAY, FEBRUARY 20, 1987

913

Those not voting were Senators:

Barker Bowen Brown of 47th

Harris Howard Kennedy (presiding)

Scott of 2nd Timmons Turner (excused)

On the adoption of the resolution, the yeas were 46, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

The President resumed the Chair.

HB 16. By Representatives Thomas of the 69th, Chambless of the 133rd and Waldrep of the 80th:
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 magistrate courts shall charge and collect and transmit to the clerks of superior court the clerks' fees for record ing of writs of execution on the general execution docket.
Sseennate Ssppoonsor: Sseennator Peevy otf the 48othn.

Thheereport of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage 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 BBrroowunn ooff 4467tthh

English Engram Fincher Foster Garner Gillis HHaarrrrijgson

Brt Coleman Coverdell Crumbley Deal Dean Echols Edge

Hine HudSins Huggms Kennedy Kidd Land Langford McGill

McKenzie Newbill Olmstead Peevy Perry Phillips RRa*
Scott of 2nd Scott of 36th Shumake Stumbaugh Tate Tolleson Tysinger Walker

Those not voting were Senators:

Barker Dawkins

Howard Starr

Timmons Turner (excused)

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 313. By Senators Foster of the 50th and Deal of the 49th:
A bill to amend Chapter 2 of Title 39 of the Official Code of Georgia Annotated, relating to the regulation of child labor, so as to provide that employment certifi cates may not be issued for minors under 16 years of age unless they receive a

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JOURNAL OF THE SENATE

passing grade in all subjects of their core curriculum; to provide for the revoca tion of employment certificates for minors who fail to receive a passing grade in any subject of their core curriculum.
The Senate Committee on Education offered the following substitute to SB 313:
A BILL
To be entitled an Act to amend Chapter 2 of Title 39 of the Official Code of Georgia Annotated, relating to the regulation of child labor, so as to change the provisions relating to maximum hours of employment; to provide that employment certificates may not be is sued for minors under 16 years of age unless they receive a passing grade in all subjects of their core curriculum; to provide for exemptions; to provide for the revocation of employ ment certificates for minors who fail to receive a passing grade in any subject of their core curriculum; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 2 of Title 39 of the Official Code of Georgia Annotated, relating to the regulation of child labor, is amended by striking Code Section 39-2-7, relating to maxi mum hours of employment, and inserting in lieu thereof a new Code Section 39-2-7 to read as follows:
"39-2-7. No minor under 16 years of age shall be employed or permitted to work in any gainful occupation covered by this chapter on any day in which the school attended by said minor is in session, except the day before a school holiday, or more than eight hours on days other than school days, or more than 40 hours in any one week, unless the student is granted an exemption under subsection (d) of Code Section 39-2-14.1."
Section 2. Said title is further amended by adding immediately following Code Section 39-2-14 a new Code Section 39-2-14.1 to read as follows:
"39-2-14.1. (a) As used in this Code section, the term:
(1) 'Core curriculum' means the core curriculum adopted by the State Board of Educa tion pursuant to the provisions of Code Section 20-2-140.
(2) 'Passing grade' means a minimum grade of 70.
(b) Except for employment during school vacation months under Code Section 39-2-8, after August 31, 1987, an employment certificate shall not be issued under this chapter for any minor under 16 years of age unless the minor is attending school and received a passing grade in each subject of the minor's core curriculum during the school semester most re cently completed by the minor.
(c) When an employment certificate has been issued for a minor under 16 years of age, it shall be the duty of the appropriate school official described in subsection (a) of Code Section 39-2-11 to notify in writing the Commissioner of Labor within 30 days after the completion of any school semester at which the minor failed to receive a passing grade on any subject of the minor's core curriculum. Upon receiving such notification, it shall be the duty of the Commissioner of Labor to revoke the employment certificate of the minor and notify the employer of the minor as provided in Code Section 39-2-14. When an employ ment certificate of a minor has been revoked as provided in this subsection, a new employ ment certificate shall not be issued for the minor until the minor subsequently completes a school semester at which the minor receives a passing grade in all subjects of the minor's core curriculum or reaches the age of 16.
(d) This Code section shall not apply to any minor under 16 years of age who has been granted an exemption by the appropriate principal or guidance counselor. Such exemption shall be granted only if circumstances exist in which economic necessity, as determined by the appropriate principal or guidance counselor, makes the loss of an employment certificate an extreme economic hardship for the student."

FRIDAY, FEBRUARY 20, 1987

915

Section 3. All laws and parts of laws in conflict with this Act are repealed.
Senator Foster of the 50th offered the following amendment: Amend the substitute to SB 313 offered by the Senate Committee on Education by striking from line 6 of page 1 the following: "a passing grade in all", and inserting in lieu thereof the following: "passing grades in at least five". By striking from line 9 of page 1 the following: "any subject", and inserting in lieu thereof the following: "at least five subjects". By striking from lines 16 and 17 of page 2 the following: "a passing grade in each subject", and inserting in lieu thereof the following: "passing grades in at least five subjects". By striking from line 26 of page 2 the following: "a passing grade on any subject", and inserting in lieu thereof the following: "passing grades in at least five subjects". By striking from line 3 of page 3 the following: "a passing grade in all", and inserting in lieu thereof the following: "passing grades in at least five". By adding between "economic" and "necessity" on line 9 of page 3 the following: "or personal". By adding preceding the word "hardship" on line 12 of page 3 the following: "or personal".
Senator Hudgins of the 15th moved that SB 313 be committed to the Senate Commit tee on Education.
Senator Foster of the 50th moved the previous question.
On the motion offered by Senator Foster of the 50th, which motion takes precedence, the yeas were 10, nays 32; the motion was lost, and the previous question was not ordered.
On the motion offered by Senator Hudgins of the 15th, the yeas were 42, nays 8; the motion prevailed, and SB 313 was committed to the Senate Committee on Education.
HR 64. By Representatives Smyre of the 92nd, Mangum of the 57th, Benefield of the 72nd and Lawson of the 9th: A resolution creating the Governor's Task Force on Adult Literacy. Senate Sponsor: Senator Barnes of the 33rd.

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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 Bowen Brannon Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean

Echols Edge English Engram Fincher Foster Gillis Harris Hine Howard Huggins Kennedy Land Langford McGill McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Timmons Tolleson Tysinger Walker

Those not voting were Senators:

Garner Harrison

Hudgins Kidd

Turner (excused)

On the adoption of the resolution, the yeas were 50, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

The following bill of the House was taken up for the purpose of considering the House amendment to the Senate amendment thereto:

HB 380. By Representative Adams of the 79th:
A bill 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 inspection.

The House amendment to the Senate amendment 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 change the provisions relating to certificates of title on rebuilt, salvaged, or restored motor vehicles; to provide that the state revenue com missioner shall have the responsibility for inspections in connection therewith; to repeal a provision relating to the duty of the Georgia Bureau of Investigation to make such inspec tions; to provide for other matters relative to the foregoing; to change the provisions relating to the fee which may be charged for an emission inspection; 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 vehi-

FRIDAY, FEBRUARY 20, 1987

917

cles and traffic, is amended by striking Code Section 40-3-35.1, relating to certificates of title for rebuilt, salvaged, or restored motor vehicles, and inspections in connection therewith, in its entirety and substituting in lieu thereof a new Code Section 40-3-35.1 to read as follows:
"40-3-35.1. (a) As used in this Code section, the term 'application for a certificate of title on a salvaged or rebuilt motor vehicle' means:
(1) An application for a certificate of title for a motor vehicle for which a current Georgia certificate of title is marked "salvage" pursuant to subsection (e) of Code Section 40-3-35 and which has been repaired.
(2) An application for a certificate of title for a motor vehicle for which a current outof-state certificate of title is marked 'salvage,' 'rebuilt,' or 'restored,' or any similar such phrase or
(3) An application for a certificate of title for a motor vehicle for which a current Georgia certificate of title is marked 'salvage' pursuant to subsection (e) of Code Section 403-35 and for which the transferee is anyone other than a licensed dealer as defined in Code Section 43-48-2.
(b) (1) Upon receipt of an application for a certificate of title on a salvaged or rebuilt motor vehicle, the commissioner shall promptly conduct an initial inspection on each such motor vehicle prior to the issuance of a certificate of title for the motor vehicle. The initial inspection shall include, but shall not be limited to, verification of the vehicle identification number, verification of the bills of sale or title for the major components, verification that the word 'rebuilt' is permanently affixed as required by subsection (c) of this Code section, and, if the vehicle has been repaired, verification that the motor vehicle conforms to all safety equipment standards required by law. The commissioner shall be authorized to charge a fee of $50.00 for each initial inspection of each motor vehicle inspected. In the event a third or subsequent reinspection is required for any one motor vehicle under this Code section, the commissioner shall be authorized to charge a fee of $50.00 for the third and each subsequent reinspection. The commissioner may conduct any such initial inspec tion and any required reinspections even though the motor vehicle may have been previ ously inspected under this Code section.
(2) If, upon inspection under paragraph (1) of this subsection, it is determined that the motor vehicle is not in full compliance with the law, the commissioner shall refuse to issue a certificate of title until compliance is reached.
(c)(l)(A) Upon inspection under subsection (b) of this Code section, if it is determined that the motor vehicle has been restored to an operable condition by the replacement of two or more major component parts, a certificate of title may be issued for such motor vehicle which shall contain the word 'rebuilt' on its face in such manner as the commissioner shall prescribe. This requirement will indicate to all subsequent owners of the motor vehicle that such is a rebuilt motor vehicle. If any such inspection determines that the motor vehicle shall require the replacement of two or more major component parts in order to restore the motor vehicle to an operable condition, a certificate of title may be issued for such motor vehicle which shall contain the word 'salvage' on its face in such manner as the commis sioner shall prescribe. This requirement will indicate to all subsequent owners of the motor vehicle that such is a salvage motor vehicle.
(B) If it is determined that the motor vehicle required or shall require the replacement of two or more major component parts in order to restore the motor vehicle to an operable condition, the person, firm, or corporation restoring or owning such motor vehicle shall, prior to the inspection by the commissioner, cause the word 'rebuilt' to be permanently affixed to said motor vehicle. The word 'rebuilt' shall be affixed in a clear and conspicuous manner to the door post or such other location as the commissioner may prescribe. The word 'rebuilt' shall be stamped on the motor vehicle or shall be stamped on a metal plate which shall be riveted to the motor vehicle or shall be permanently affixed to the motor vehicle in such manner as the commissioner may prescribe. The requirement of this subparagraph shall only apply to motor vehicles restored after November 1, 1982.

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(2) Upon inspection by the commissioner and compliance with paragraph (2) of sub section (b) of this Code section, if it is determined that the motor vehicle does not require the replacement of two or more major components or has not had two or more major compo nents changed, a certificate of title may be issued.
(d) Any person, firm, or corporation who rebuilds or repairs a motor vehicle whose current certificate of title is marked 'salvage' shall make application for and obtain a certifi cate of title as provided in this Code section prior to the sale or transfer of said motor vehicle."
Section 2. Said title is further amended by repealing Code Section 40-3-35.2, which reads as follows:
"40-3-35.2. It shall be the duty of the Georgia Bureau of Investigation to inspect certain motor vehicles prior to the issuance of certificates of title for such motor vehicles. The direc tor of investigation is authorized to employ such persons as he shall deem necessary to carry out the provisions of this Code section."
in its entirety.
Section 3. Said title is further amended by striking paragraph (3) of subsection (d) of Code Section 40-8-159, relating to the certification of motor vehicle emission inspection sta tions, in its entirety and inserting in lieu thereof a new paragraph (3) to read as follows:
"(3) A fee of not more than $10.00 shall be charged by each emission inspection sta tion for performance of the emission inspection and emission control equipment inspection required by this part. Such fee does not include any required maintenance. The station shall be required 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 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 4. All laws and parts of laws in conflict with this Act are repealed.
Senator Harris of the 27th moved that the Senate disagree to the House amendment to the Senate amendment to HB 380.
On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate disagreed to the House amendment to the Senate amendment to HB 380.
The following general bills and resolutions of the Senate and House, favorably reported by the committees, were read the third time and put upon their passage:
HB 73. By Representatives Cox of the 141st, Patten of the 149th and Greene of the 130th:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions concerning torts, so as to limit the liability of goodfaith donors or gleaners of canned or perishable food, apparently fit for human consumption, to bona fide charitable or nonprofit organizations for free distribution.
Senate Sponsor: Senator Tolleson of the 32nd.
The Senate Committee on Judiciary offered the following substitute to HB 73:
A BILL
To be entitled an Act to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions concerning torts, so as to limit the liability of good-faith donors or gleaners of canned or perishable food, apparently fit for human con sumption, to bona fide charitable or nonprofit organizations for use or distribution; to limit

FRIDAY, FEBRUARY 20, 1987

919

the liability of bona fide charitable or nonprofit organizations which accept canned or per ishable food, apparently fit for human consumption, from good-faith donors or gleaners for use or distribution; to define certain terms; to provide for applicability; to provide for con struction with respect to the authority of other agencies to regulate or ban the use of food for human consumption; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions concerning torts, is amended by striking in its entirety Code Section 51-131, relating to the liability of persons donating food for use or distribution by nonprofit organizations, which read as follows:
"51-1-31. (a) A person, including but not limited to a farmer, processor, distributor, wholesaler, or retailer of food, who in good faith donates an item of food for use or distribu tion by a nonprofit organization shall not be liable for civil damages or criminal penalties resulting from the nature, age, condition, or packaging of the donated food.
(b) Nothing in this Code Section is intended to limit any liability on the part of the donee nonprofit organization accepting food items under subsection (a) of this Code section.",
and inserting in lieu thereof a new Code Section 51-1-31 to read as follows:
"51-1-31. (a) As used in this Code section, the term:
(1) 'Canned food' means any food which has been commercially processed and pre pared for human consumption and which has been commercially packaged in such a manner as to remain nonperishable without refrigeration for a reasonable length of time.
(2) 'Donor' includes, but is not limited to, a farmer, processor, distributor, commercial food service operator, wholesaler, or retailer of food.
(3) 'Gleaner' means a person who harvests for use or distribution an agricultural crop that has been donated by the owner.
(4) 'Perishable food' means any food that may spoil or otherwise become unfit for human consumption because of its nature, type, or physical condition. 'Perishable food' in cludes, but is not limited to, table-ready food, cooked foods, fresh or processed meats, poul try, seafood, dairy products, bakery products, eggs, fresh fruits or vegetables, and foods that have been noncommercially or commercially packaged or that have been frozen or otherwise require temperature control to remain nonperishable for a reasonable length of time.
(b) A good-faith donor or gleaner of any canned or perishable food, apparently fit for human consumption, to a bona fide charitable or nonprofit organization for use or distribu tion shall not be subject to criminal penalty or civil damages arising from the condition of the food, unless an injury is caused by the recklessness or intentional misconduct of the donor or gleaner.
(c) A bona fide charitable or nonprofit organization which accepts any canned or per ishable food, apparently fit for human consumption, from a good-faith donor or gleaner for use or distribution shall not be subject to criminal penalty or civil damages arising from the condition of the food, unless an injury is caused by the recklessness or intentional miscon duct of the charitable or nonprofit organization.
(d) The provisions of this Code section apply to the good-faith donation of canned or perishable food not readily marketable due to appearance, freshness, grade, surplus, or other such considerations.
(e) The provisions of this Code section shall not be construed to restrict the authority of any lawful agency to otherwise regulate or ban the use of food for human consumption."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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JOURNAL OF THE SENATE

On the adoption of the substitute, the yeas were 30, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Bowen Brannon Broun of 46th Brown of 47th Bryant Burton Coverdell Crumbley Dawkins
Deal Dean Echols

Edge English Fincher Foster Garner Gillis Harris Hme Howard Huggins Kennedy Land
Langford McGill Newbill

Olmstead Peevy Perry Phillips Ragan Ray Scott of 36th ,,, , f umake ^tarr btumbaugh Timmons
Tolleson Tysinger Walker

Voting in the negative were Senators Allgood and Tate.

Those not voting were Senators:

Barnes Coleman Engram

Harrison Hudgins Kidd

McKenzie Scott of 2nd Turner (excused)

On the passage of the bill, the yeas were 44, nays 2.
The bill, having received the requisite constitutional majority, was passed by substitute.
HB 210. By Representatives Chambless of the 133rd, Thomas of the 69th, Pannell of the 122nd and 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 without charge an initial corporate name reservation period; to provide for extensions of reservation periods; to provide for confirmations of name reservations; to provide that corpo rate names shall be distinguishable from other such names.
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:

FRIDAY, FEBRUARY 20, 1987

921

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bowen Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols

Edge English Engram Fincher Foster Garner Harris Harrison Hine Howard Huggins Kennedy Land Langford McGill McKenzie

Newbill Olmstead Peevy Perry Phillips Ragan Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Tolleson Tysinger Walker

Those not voting were Senators:

Barnes Brannon Gillis

Hudgins Kidd

Timmons Turner (excused)

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 302. By Senator Allgood of the 22nd:
A bill to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to change the provisions relat ing to indemnification of directors, officers, employees, or agents of certain corpo rations; to provide for advancement of certain expenses; to provide for continua tion of indemnification and advancement of expenses.

The Senate Committee on Judiciary offered the following substitute to SB 302:

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 change the provisions relat ing to indemnification of directors, officers, employees, or agents of certain corporations; to provide for advancement of certain expenses; to provide for continuation of indemnification and advancement of expenses; to change the provisions relating to articles of incorporation and the contents thereof; to provide for the elimination or limitation of personal liability of corporate directors under certain circumstances; to provide for exceptions; to provide for practices and procedures; to amend Part 1 of Article 3 of Chapter 8 Title 46, relating to the incorporation and organization of railroad companies, so as to change the provisions relating to indemnification of directors, officers, employees, or agents of railroad corporations; to provide for the elimination or limitation of personal liability of railroad corporation direc tors under certain circumstances; to provide for advancement of certain expenses; to provide for continuation of indemnification and advancement of expenses; to provide procedures; 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,

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partnerships, and associations, is amended by striking in its entirety Code Section 14-2-156, relating to indemnification of corporate officers, directors, employees, and agents, and in serting in its place a new Code Section 14-2-156 to read as follows:
"14-2-156. (a) A corporation shall have the power to indemnify any person who was or is a party or who is threatened to be made a party to any threatened, pending, or com pleted action, suit, or proceeding, whether civil, criminal, administrative, or investigative (other than an action by or in the right of the corporation), by reason of the fact that he is or was a director, officer, employee, or agent of the corporation or is or was serving at the request of the corporation as a director, officer, employee, or agent of another corporation, partnership, joint venture, trust, or other enterprise, against expenses (including attorneys' fees), judgments, fines, and amounts paid in settlement actually and reasonably incurred by him in connection with such action, suit, or proceeding, if he acted in a manner he reasona bly believed to be in or not opposed to the best interests of the corporation and, with re spect to any criminal action or proceeding, had no reasonable cause to believe his conduct was unlawful. The termination of any action, suit, or proceeding by judgment, order, settle ment, conviction, or upon a plea of nolo contendere or its equivalent shall not, of itself, create a presumption that the person did not act in a manner which he reasonably believed to be in or not opposed to the best interests of the corporation and, with respect to any criminal action or proceeding, had reasonable cause to believe that his conduct was unlawful.
(b) A corporation shall have the power to indemnify any person who was or is a party or who is threatened to be made a party to any threatened, pending, or completed action or suit by, or in the right of, the corporation to procure a judgment in its favor, by reason of the fact he is or was a director, officer, employee, or agent of the corporation or is or was serving at the request of the corporation as a director, employee, or agent of another corpo ration, partnership, joint venture, trust, or other enterprise, against expenses (including at torneys' fees) actually and reasonably incurred by him in connection with the defense or settlement of such action or suit, if he acted in good faith and in a manner he reasonably believed to be in or not opposed to the best interests of the corporation; except that no indemnification shall be made in respect to any claim, issue, or matter as to which such person shall have been adjudged to be liable to the corporation, unless and only to the extent that the court in which such action or suit was brought shall determine upon applica tion that, despite the adjudication of liability but in view of all the circumstances of the case, such person is fairly and reasonably entitled to indemnity for such expenses which the court shall deem proper.
(c) To the extent that a director, officer, employee, or agent of a corporation has been successful, on the merits or otherwise, in defense of any action, suit, or proceeding referred to in subsections (a) and (b) of this Code section or in defense of any claim, issue, or matter therein, he shall be indemnified against expenses (including attorneys' fees) actually and reasonably incurred by him in connection therewith.
(d) Any indemnification under subsections (a) and (b) of this Code section (unless ordered by a court) shall be made by the corporation only as authorized in the specific case, upon a determination that indemnification of the director, officer, employee, or agent is proper in the circumstances because he has met the applicable standard of conduct set forth in subsections (a) and (b). Such determination shall be made:
(1) By the board of directors by a majority vote of a quorum consisting of directors who were not parties to such action, suit, or proceeding;
(2) If such a quorum is not obtainable or, even if obtainable, a quorum of disinter ested directors so directs, by independent legal counsel in a written opinion; or
(3) By the affirmative vote of a majority of the shares entitled to vote thereon.
(e) Expenses incurred in defending a civil or criminal action, suit, or proceeding may be paid by the corporation in advance of the final disposition of such action, suit, or pro ceeding, upon receipt of an undertaking by or on behalf of the director, officer, employee, or

FRIDAY, FEBRUARY 20, 1987

923

agent to repay such amount if it shall ultimately be determined that he is not entitled to be indemnified by the corporation as authorized in this Code section.
(f) The indemnification and advancement of expenses provided by or granted pursu ant to this Code section shall not be deemed exclusive of any other rights, in respect to indemnification or otherwise, to which those seeking indemnification may be entitled under any bylaw resolution, or agreement, either specifically or in general terms approved by the affirmative vote of the holders of a majority of the shares entitled to vote thereon, taken at a meeting, the notice of which specified that such bylaw resolution, or agreement would be placed before the shareholders, both as to action by a director, officer, employee, or agent in his official capacity and as to action in another capacity while holding such office or position, except that no such other rights, in respect to indemnification or otherwise, may be pro vided or granted to a director, officer, employee, or agent pursuant to this subsection by a corporation with respect to the liabilities described in divisions (b)(3)(A)(i) through (b)(3)(A)(iv) of Code Section 14-2-171.
(g) A corporation shall have the power to purchase and maintain insurance on behalf of any person who is or was a director, officer, employee, or agent of the corporation or who is or was serving at the request of the corporation as a director, officer, employee, or agent of another corporation, partnership, joint venture, trust, or other enterprise, against any liabil ity asserted against him and incurred by him in any such capacity, or arising out of his status as such, whether or not the corporation would have the power to indemnify him against such liability under this Code section.
(h) If any expenses or other amounts are paid by way of indemnification, otherwise than by court order or action by the shareholders or by an insurance carrier pursuant to insurance maintained by the corporation, the corporation, not later than the next annual meeting of shareholders, unless such meeting is held within three months from the date of such payment, and in any event, within 15 months from the date of such payment, shall send by first-class mail to its shareholders of record at the time entitled to vote for the election of directors a statement specifying the persons paid, the amounts paid, and the nature and status at the time of such payment of the litigation or threatened litigation.
(i) For purposes of this Code section, references to 'the corporation' shall include, in addition to the surviving or new corporation, any merging or consolidating corporation (in cluding any merging or consolidating corporation of a merging or consolidating corporation) absorbed in a merger or consolidation, so that any person who is or was a director, officer, employee, or agent of such merging or consolidating corporation, or who is or was serving at the request of such merging or consolidating corporation as a director, officer, employee, or agent of another corporation, partnership, joint venture, trust, or other enterprise, shall stand in the same position under this Code section with respect to the resulting or surviving corporation as he would if he had served the resulting or surviving corporation in the same capacity, provided that no indemnification under subsections (a) and (b) of this Code sec tion permitted by this subsection shall be mandatory under this subsection or any bylaw of the surviving or new corporation without the approval of such indemnification by the board of directors or shareholders of the surviving or new corporation, in the manner provided in paragraphs (1) and (3) of subsection (d) of this Code section.
(j) The indemnification and advancement of expenses provided by or granted pursu ant to this Code section shall, unless otherwise provided when authorized or ratified, con tinue as to a person who has ceased to be a director, officer, employee, or agent and shall inure to the benefit of the heirs, executors, and administrators of such a person."
Section 2. Said title is further amended by striking in its entirety subsection (b) of Code Section 14-2-171, relating to articles of incorporation for business corporations, and inserting in its place a new subsection (b) to read as follows:
"(b) The articles of incorporation may, as a matter of election, also set forth:
(1) Any provision, not inconsistent with law, for the regulation of the internal affairs of the corporation or for the restriction of the transfer of shares;

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(2) Any provision which under this chapter is required or permitted to be set forth in the bylaws; any such provision set forth in the articles of incorporation need not be set forth in the bylaws; and
(3) (A) A provision eliminating or limiting the personal liability of a director to the corporation or its shareholders for monetary damages for breach of duty of care or other duty as a director, provided that such provision shall not eliminate or limit the liability of a director:
(i) For any appropriation, in violation of his duties, of any business opportunity of the corporation;
(ii) For acts or omissions not in good faith or which involve intentional misconduct or a knowing violation of law;
(iii) Under Code Section 14-2-154; or
(iv) For any transaction from which the director derived an improper personal benefit.
(B) No such provision shall eliminate or limit the liability of a director for any act or omission occurring prior to the date when such provision becomes effective."
Section 3. Said title is further amended by striking in its entirety subsection (b) of Code Section 14-3-131, relating to articles of incorporation for nonprofit corporations, and inserting in its place a new subsection (b) to read as follows:
"(b) The articles of incorporation may, as a matter of election, also set forth:
(1) Any provisions, not inconsistent with law, for the regulation of the internal affairs of the corporation, including, without limitation, provisions with respect to the relative rights or interest of the members as among themselves or in the property of the corporation; the manner of termination of membership in the corporation; the rights, upon such termina tion, of the corporation, the terminated member, and the remaining members; the transferability or nontransferability of membership; and the distribution of assets on dissolution or final liquidation;
(2) If the corporation is to have one or more classes of members, any provision designating the class or classes of members and stating the qualifications and rights of the members of each class;
(3) The names of any persons or the designations of any groups of persons who are to be the initial members;
(4) A provision to the effect that the corporation shall be subordinate to and subject to the authority of any head or national association, lodge, order, beneficial association, fra ternal or beneficial society, foundation, federation, or other nonprofit corporation, society, organization, or association;
(5) Any provision which under this chapter is required or permitted to be set forth in the bylaws; any such provision set forth in the articles of incorporation need not be set forth in the bylaws; and
(6) (A) A provision eliminating or limiting the personal liability of a director to the corporation or its members for monetary damages for breach of duty of care or other duty as a director, provided that such provision shall not eliminate or limit the liability of a director:
(i) For any appropriation, in violation of his duties, of any business opportunity of the corporation;
(ii) For acts or omissions not in good faith or which involve intentional misconduct or a knowing violation of law; or
(iii) For any transaction from which the director derived an improper personal benefit.
(B) No such provision shall eliminate or limit the liability of a director for any act or omission occurring prior to the date when such provision becomes effective."

FRIDAY, FEBRUARY 20, 1987

925

Section 4. Part 1 of Article 3 of Chapter 8 of Title 46, relating to the incorporation and organization of railroad companies, is amended by striking in its entirety Code Section 46-8-51, relating to the indemnification by a railroad corporation of directors, officers, agents, or employees for certain legal expenses, and inserting in its place a new Code Section 46-8-51 to read as follows:
"46-8-51. (a) A railroad company shall have the power to indemnify any person who was or is a party, or is threatened to be made a party, to any threatened, pending, or completed action or proceeding, whether civil, criminal, administrative, or investigative (other than an action by or in the right of the corporation), by reason of the fact that he is or was a direc tor, officer, employee, or agent of the corporation or is or was serving at the request of the corporation as a director, officer, employee, or agent of another corporation, partnership, joint venture, trust, or other enterprise, against expenses, including attorneys' fees, judg ments, fines, and amounts paid in settlement actually and reasonably incurred by him in connection with such action or proceeding, if he acted in a manner he reasonably believed to be in or not opposed to the best interests of the corporation, and, with respect to any crimi nal action or proceeding, had no reasonable cause to believe his conduct was unlawful. The termination of any action or proceeding by judgment, order, settlement, or conviction, or upon a plea of nolo contendere or its equivalent, shall not of itself create a presumption that the person did not act in a manner which he reasonably believed to be in or not opposed to the best interests of the corporation, and, with respect to any criminal action or proceeding, had reasonable cause to believe that his conduct was unlawful.
(b) A railroad corporation shall have the power to indemnify any person who was or is a party, or is threatened to be made a party, to any threatened, pending, or completed action by, or in the right of, the corporation to procure a judgment in its favor, by reason of the fact that he is or was a director, officer, employee, or agent of the corporation or is or was serving at the request of the corporation as a director, officer, employee, or agent of another corporation, partnership, joint venture, trust, or other enterprise, against expenses, includ ing attorneys' fees, actually and reasonably incurred by him in connection with the defense or settlement of such action, if he acted in good faith and in a manner he reasonably be lieved to be in or not opposed to the best interests of the corporation; except that no indem nification shall be made in respect of any claim, issue, or matter as to which such person has been adjudged to be liable to the corporation, unless and only to the extent that the court in which such action was brought determines upon application that, despite the adjudication of liability but in view of all the circumstances of the case, such person is fairly and reasona bly entitled to indemnity for such expenses as the court deems proper.
(c) To the extent that a director, officer, employee, or agent of a corporation chartered under this chapter has been successful on the merits or otherwise in defense of any action or proceeding referred to in subsections (a) and (b) of this Code section, or in defense of any claim, issue, or matter therein, he shall be indemnified against expenses (including attor neys' fees), actually and reasonably incurred by him in connection therewith.
(d) Any indemnification under subsections (a) and (b) of this Code section, unless ordered by a court, shall be made by the corporation only as authorized in the specific case upon a determination that indemnification of the director, officer, employee, or agent is proper in the circumstances because he has met the applicable standard of conduct set forth in subsections (a) and (b) of this Code section. Such determination shall be made:
(1) By the board of directors by a majority vote of a quorum consisting of directors who were not parties to such action or proceeding;
(2) If such a quorum is not obtainable, or, even if obtainable, a quorum of disinter ested directors so directs, by independent legal counsel in a written opinion; or
(3) By the affirmative vote of a majority of the shares entitled to vote thereon.
(e) Expenses incurred in defending a civil or criminal action or proceeding may be paid by the corporation in advance of the final disposition of such action or proceeding upon receipt of an undertaking by or on behalf of the director, officer, employee, or agent to repay

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such amount if it is ultimately determined that he is not entitled to be indemnified by the corporation as authorized in this Code section.
(f) The indemnification and advancement of expenses provided by, or granted pursu ant to, the other subsections of this Code section shall not be deemed exclusive of any other rights, in respect to indemnification or otherwise, to which those seeking indemnification or advancement of expenses may be entitled under any bylaw, resolution, or agreement, either specifically or in general terms, approved by the affirmative vote of the holders of a majority of the shares entitled to vote thereon, taken at a meeting, the notice of which specified that such bylaw, resolution, or agreement would be placed before the shareholders both as to action by a director, officer, employee, or agent in his official capacity and as to action in another capacity while holding such office or position, except that no such other right, in respect to indemnification or otherwise, may be provided or granted to a director, employee, officer, or agent by a corporation with respect to liabilities of the types described in paragraphs (1) through (4) of subsection (k) of this Code Section.
(g) A railroad corporation shall have the power to purchase and maintain insurance on behalf of any person who is or was a director, officer, employee, or agent of the corporation, or who is or was serving at the request of the corporation as a director, officer, employee, or agent of another corporation, partnership, joint venture, trust, or other enterprise, against any liability asserted against him and incurred by him in any such capacity, or arising out of his status as such whether or not the corporation would have the power to indemnify him against such liability under this Code section.
(h) If any expenses or other amounts are paid by way of indemnification other than by court order, by action by the shareholders, or by an insurance carrier pursuant to insurance maintained by the corporation, not later than the next annual meeting of shareholders, un less such meeting is held within three months from the date of such payment, and, in any event, within 15 months from the date of such payment, the corporation shall send by firstclass mail to its shareholders of record at the time entitled to vote for the election of direc tors a statement specifying the person paid, the amounts paid, and the nature and status at the time of such payment of the litigation or threatened litigation.
(i) For purposes of this Code section, references to 'the corporation' shall include, in addition to the surviving or new corporation, any merging or consolidating corporation (in cluding any merging or consolidating corporation of a merging or consolidating corporation) absorbed in a merger or consolidation, so that any person who is or was a director, officer, employee, or agent of such merging or consolidating corporation, or who is or was serving at the request of such merging or consolidating corporation as a director, officer, employee, or agent of another corporation, partnership, joint venture, trust, or other enterprise, shall stand in the same position under this Code section with respect to the resulting or surviving corporation as he would if he had served the resulting or surviving corporation in the same capacity, provided that no indemnification under subsections (a) and (b) of this Code sec tion permitted by this subsection shall be mandatory under this subsection or any bylaw of the surviving or new corporation without the approval of such indemnification by the board of directors or shareholders of the surviving or new corporation, in the manner provided in paragraphs (1) and (3) of subsection (d) of this Code section.
(j) The indemnification and advancement of expenses provided by, or granted pursu ant to, this Code section shall, unless otherwise provided when authorized or ratified, con tinue as to a person who has ceased to be a director, officer, employee, or agent and shall inure to the benefit of the heirs, executors, and administrators of such a person.
(k) The charter or articles of incorporation of a railroad corporation may, as a matter of election, also set forth a provision eliminating or limiting the personal liability of a direc tor to the railroad corporation or its shareholders for monetary damages for breach of duty

FRIDAY, FEBRUARY 20, 1987

927

of care or other duty as a director, provided that such provision shall not eliminate or limit the liability of a director:
(1) For any appropriation, in violation of his duties, of any business opportunity of the corporation;
(2) For acts or omissions not in good faith or which involve intentional misconduct or a knowing violation of law;
(3) For the types of liability set forth in Code Section 14-2-154; or
(4) For any transaction from which the director derived an improper personal benefit.
No such provision shall eliminate or limit the liability of a director for any act or omission occurring prior to the date when such provision becomes effective."
Section 5. 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 Brannon Broun of 46th BBrroywannt of 47th
Burton
Coleman
Coverdell Crumbley
Dawkins Deal

Dean Echols Edge English Engram Fincher Garner GHiallrirsis
Mine
Howard
Kennedy Land
Langford McGill

McKenzie Newbill Olmstead Peevy Perry Phillips R "Scaogtatn<*, ,,2nd,u
Scott of 36th
Shumake
Starr Stumbaugh
Tate Tysinger

Those not voting were Senators:

Bowen Foster Harrison Hudgins

Huggins Kidd Ray Timmons

Tolleson Turner (excused) Walker

On the passage of the bill, the yeas were 44, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

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JOURNAL OF THE SENATE

Senator Kennedy of the 4th, President Pro Tempore, resumed the Chair.

HR 133. By Representatives Crosby of the 150th and Dixon of the 151st:
A resolution authorizing the State of Georgia, acting by and through its State Properties Commission, to grant to the City of Waycross an easement upon and under certain real property owned by the State of Georgia in Ware County, Geor gia, for the construction, installation, operation, maintenance, repair and im provement of certain water service facilities.
Senate Sponsor: Senator Perry of the 7th.

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 Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell Crumbley Deal

Dean Echols Edge English Engram Fincher Foster Garner Gillis Harris Huggins Land Langford McGill

McKenzie Newbill Olmstead Peevy Perry Phillips Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Tysinger Walker

Those not voting were Senators:

Bowen Dawkins HHianrenson Howard

Hudgins Kennedy (presiding) Kidd Ragan

Ray Timmons T,,olleson Turner (excused)

On the adoption of the resolution, the yeas were 42, nays 0.
HB 21. By Representatives Thomas of the 69th, Chambless of the 133rd and Waldrep of the 80th:
A bill to amend Part 3 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to rural telephone cooperatives, so as to provide that fees charged to a rural telephone cooperative by the clerk of superior court or the Secretary of State shall be the same as fees charged to other corporations for like services.
Senate Sponsor: Senator Baldwin of the 29th.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

FRIDAY, FEBRUARY 20, 1987

929

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell Crumbley

Dawkins Deal Dean Echols English Engram Fincher Foster Gillis Harris Howard Huggins Land McGill

McKenzie Newbill Olmstead Peevy Perry Phillips Ragan Scott of 2nd Scott of 36th Shumake Stumbaugh Tate Tolleson Walker

Those not voting were Senators:

Edge Garner Harnson pj; ne Hudgins

Kennedy (presiding) Kidd Langford Ray

Starr Timmons Turner (excused) Tysinger

On the passage of the bill, the yeas were 42, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 18. By Representatives Thomas of the 69th, Chambless of the 133rd and Waldrep of the 80th: A bill to amend Code Section 31-32-5 of the Official Code of Georgia Annotated, relating to revocation of living wills for the withholding of extraordinary lifesustaining procedures in the event of a terminal condition, so as to provide that a written or oral revocation of a living will must, in order to be effective, clearly express an intention to revoke a living will as opposed to a will or wills relating to the disposition of property after death.
Senate Sponsor: Senator Peevy of the 48th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen

Brannon Broun of 46th Brown of 47th Bryant Burton Coleman

Coverdell Crumbley Dawkins Deal Dean Echols

930
Edge English Engram Fincher Foster Garner Gillis Harris Hine

JOURNAL OF THE SENATE

Huggins Land Langford McGill McKenzie Newbill Olmstead Peevy Perry

Phillips Scott of 2nd Scott of 36th Shumake Stumbaugh Tate Tolleson Tysinger Walker

Those not voting were Senators:

Harrison Howard Hudgins Kennedy (presiding)

Kidd Ragan Ray

Starr Timmons Turner (excused)

On the passage of the bill, the yeas were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 255. By Senator Allgood of the 22nd:
A bill to amend Article 1 of Chapter 2 of Title 53 of the Official Code of Georgia Annotated, relating to wills in general, so as to provide for the construction of certain wills containing a formula or other provision providing that the spouse is to receive the maximum amount of property qualifying for the marital deduction under federal law; to provide for actions for the construction of such wills.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Barker Barnes Bowen Brannon Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell Crumbley Dawkins Deal

Dean Echols Edge English Engram Fincher Foster Gillis Harris Harrison Howard Huggins Land Langford McGill

McKenzie Newbill Olmstead Peevy Perry Phillips Ragan Scott of 2nd Scott of 36th Shumake Stumbaugh Tate Tolleson Tysinger Walker

FRIDAY, FEBRUARY 20, 1987

931

Those not voting were Senators:

Baldwin Garner Hine Hudgins

Kennedy (presiding) Kidd Ray

Starr Timmons Turner (excused)

On the passage of the bill, the yeas were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 183. By Representatives Greer of the 39th and Walker of the 115th:
A bill to amend Chapter 12 of Title 15 of the Official Code of Georgia Annotated, so as to change the provisions relating to the compilation and revision of jury lists; to change the procedures relating thereto; to provide procedures for the selection of trial and grand jurors through both nonmechanical methods of selec tion and mechanical or electronic methods of selection.
Senate Sponsor: Senator Edge 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 Broun of 46th BBrroywannt of 47th Burton
Coleman
Coverdell Crumbley
Dawkins
Deal

Dean Echols Edge English Engram Fincher Foster Gillis HHaarrrriisson Hine
Howard
Huggins Kidd
Land
Langford

McGill Newbill Olmstead Peevy Perry philli R "g TMSc*ott of, ,3_6.t,h bhumake
Starr
Tate Tolleson
Tysinger
Walker

Those not voting were Senators:

Garner Hudgins Kennedy (presiding)

McKenzie Scott of 2nd Stumbaugh

Timmons Turner (excused)

On the passage of the bill, the yeas were 47, nays 0.

932

JOURNAL OF THE SENATE

The bill, having received the requisite constitutional majority, was passed.

HB 456. By Representatives Peters of the 2nd, Rainey of the 135th, Godbee of the 110th and others:
A bill to amend Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to licenses, permits, and stamps applicable to game, fish, or wildlife, so as to provide a new permit to trap and sell live fox under certain conditions.
Senate Sponsor: Senator Gillis of the 20th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bowen Brannon
Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Echols

Edge English Engram Fincher Foster Gillis Harris Harrison Hine Huggins Kidd Land Langford McGill Newbill

Olmstead Peevy Perry Phillips Ragan Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Tolleson Tysinger Walker

Those not voting were Senators:

Barnes Dean Garner

Howard Hudgins Kennedy (presiding)

McKenzie Timmons Turner (excused)

On the passage of the bill, the yeas were 46, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 377. By Representative Porter of the 119th: A bill to amend Code Section 15-7-24 of the Official Code of Georgia Annotated, relating to solicitors of state courts, so as to provide that a solicitor shall, on the date he takes office, permanently reside within the judicial circuit containing the geographic area in which he is selected to serve. Senate Sponsors: Senators Gillis of the 20th and Hine of the 52nd.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

FRIDAY, FEBRUARY 20, 1987

933

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Brannon Bryant Burton Coleman Crumbley Dawkins Deal Echols Edge Engram

Fincher Foster Gillis Harris Harrison Hine Howard Huggins Kidd Land Langford McGill McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan Scott of 2nd Scott of 36th Starr Stumbaugh Tate Tolleson Tysinger Walker

Those not voting were Senators:

Barnes Bowen Broun of 46th Brown of 47th Coverdell

Dean English Garner Hudgins Kennedy (presiding)

Ray Shumake Timmons Turner (excused)

On the passage of the bill, the yeas were 41, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SR 99. By Senators Langford of the 35th, Scott of the 36th and Tate of the 38th:
A RESOLUTION
Proposing an amendment to the Constitution to authorize any municipality of this state having a population of 400,000 or more according to the United States decennial census of 1980 or any future such census to incur an additional $8 million per annum in bonded in debtedness without the necessity of a referendum; to repeal conflicting laws; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article IX, Section V, Paragraph I of the Constitution is amended by ad ding at the end thereof a new subparagraph (c) to read as follows:
"(c) Any other provision of this Constitution to the contrary notwithstanding, any city of this state having a population of 400,000 or more according to the United States decen nial census of 1980 or any future such census may issue general obligation bonds for any lawful purpose, other than school purposes, without submitting the issuance thereof to the voters of said city at a referendum, subject to the following restrictions and limitations:
(1) The issuance of such bonds shall be authorized at a public hearing held for such purpose after at least ten days' notice thereof has been published in the official organ of said city and in at least one newspaper of general circulation within said city;
(2) Within 30 days after the public hearing, any person opposed to the issuance of such bonds without a referendum may prepare and circulate a petition for a referendum on the issuance of such bonds and file such petition with the city clerk. If the petition contains

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the signatures of at least 5 percent of the registered voters of the city, and such fact shall be determined by the city clerk, the city clerk shall notify the election superintendent of the city, and the election superintendent shall issue the call for an election to submit the ques tion on the issuance of such bonds to the voters of the city. The election shall be held not less than 30 nor more than 45 days from the date of the call; provided, however, upon the filing of a petition for a referendum, the governing authority of the city may withdraw the proposal from further consideration and decline to issue the bonds, and in that event, no new public hearing to reconsider the same proposal for a bond issue may be had within a period of 90 days following the date on which the petition for a referendum was filed with the city clerk;

(3) Not more than $8 million in aggregate principal amount of bonds issued without a referendum shall be issued in any fiscal year under the authority of this subparagraph (c); provided, however, it is specifically provided that the amount of bonds that may be issued under the authority of this subparagraph (c) is in addition to the amount of bonds which may be issued without a referendum under any authority previously possessed by the city; and

(4) The aggregate of all outstanding bonds, including those issued by a vote of the people in a referendum and those issued without a referendum, shall not exceed the debt limitation applicable to said city."

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 any municipality of this state having a population of 400,000 or more according to the United States decennial census of 1980 or any future such census to incur an addi tional $8 million per annum in bonded indebtedness without the necessity of a referendum?"

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 Bowen Brannon Broun of 46th Brown of 47th Bryant Burton Coleman

Coverdell Crumbley Dawkins Deal Dean Echols Edge English Engram Fincher Foster

Garner Gillis Harris Harrison Hine Howard Huggins Kidd Land Langford McGill

FRIDAY, FEBRUARY 20, 1987

935

McKenzie Newbill p perry Phillips

Scott of 2nd Scott of 36th Shumake Starr Stumbaugh

Tate Timmons Tolleson Tysinger Walker

Those not voting were Senators:

Barnes Hudgins

Kennedy (presiding) Ragan

Ray Turner (excused)

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 Shumake of the 39th introduced Reverend Frederick Hilborn Talbot, Bishop from the sixth district of the African Methodist Episcopal Church, who briefly addressed the Senate.
The President resumed the Chair.
The following general bill of the Senate, having been read the third time on February 19 and postponed until February 20, was put upon its passage:
SB 248. By Senator Hine of the 52nd: A bill to amend Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to landlord and tenant, so as to provide that it shall be unlawful for any landlord knowingly and willfully to suspend the furnishing of utilities to a ten ant; to provide for a definition; to provide for a penalty.
The Senate Committee on Industry and Labor offered the following substitute to SB 248:
A BILL
To be entitled an Act to amend Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to landlord and tenant, so as to provide that it shall be unlawful for any landlord knowingly and willfully to suspend the furnishing of utilities to a tenant until the final disposition of any dispossessory proceeding by the landlord against such tenant; to provide for a definition; to provide for a penalty; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to landlord and tenant, is amended by adding a new Code section immediately following Code Section 44-7-14, to be designated Code Section 44-7-14.1, to read as follows:
"44-7-14.1. (a) As used in this Code section, the term 'utilities' means heat, light, and water service.
(b) It shall be unlawful for any landlord knowingly and willfully to suspend the fur nishing of utilities to a tenant until after the final disposition of any dispossessory proceed ing by the landlord against such tenant.

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(c) Any person who violates subsection (b) of this Code section shall be guilty of a misdemeanor."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Senators Hine of the 52nd, Edge of the 28th and Garner of the 30th offered the follow ing substitute to SB 248:
A BILL
To be entitled an Act to amend Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to landlord and tenant, so as to provide that it shall be unlawful for any landlord knowingly and willfully to suspend the furnishing of utilities to a tenant until the final disposition of any dispossessory proceeding by the landlord against such tenant; to provide for a definition; to provide for a penalty; to provide for the payment into court of utility payments by a tenant during dispossessory proceedings; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to landlord and tenant, is amended by adding a new Code section immediately following Code Section 44-7-14, to be designated Code Section 44-7-14.1, to read as follows:
"44-7-14.1. (a) As used in this Code section, the term 'utilities' means heat, light, and water service.
(b) It shall be unlawful for any landlord knowingly and willfully to suspend the fur nishing of utilities to a tenant until after the final disposition of any dispossessory proceed ing by the landlord against such tenant.
(c) Any person who violates subsection (b) of this Code section shall, upon conviction, be assessed a fine not to exceed $500.00."
Section 2. Said chapter is further amended by striking in its entirety Code Section 447-54, relating to the payment of rent into court during dispossessory proceedings, and in serting in its place a new Code Section 44-7-54 to read as follows:
"44-7-54. (a) In any case where the issue of the right of possession cannot be finally determined within two weeks from the date of service of the copy of the summons and the copy of the affidavit, the tenant shall be required to pay into the registry of the trial court:
(1) All rent and utility payments which are the responsibility of the tenant which be come due after the issuance of the dispossessory warrant, said rent and utility payments to be paid as such become due. If the landlord and the tenant disagree as to the amount of rent, either or both of them may submit to the court any written rental contract for the purpose of establishing the amount of rent to be paid into the registry of the court. If the amount of rent is in controversy and no written rental agreement exists between the tenant and landlord, the court shall require the amount of rent to be a sum equal to the last previ ous rental payment made by the tenant and accepted by the landlord without written objec tion; and
(2) All rent and utility payments which are the responsibility of the tenant allegedly owed prior to the issuance of the dispossessory warrant; provided, however, that, in lieu of such payment, the tenant shall be allowed to submit to the court a receipt indicating that payment has been made to the landlord. In the event that the amount of rent is in contro versy, the court shall determine the amount of rent to be paid into court in the same man ner as provided in paragraph (1) of this subsection.
(b) If the tenant should fail to make any payment as it becomes due pursuant to para graph (1) or (2) of subsection (a) of this Code section, the court shall issue a writ of posses sion and the landlord shall be placed in full possession of the premises by the sheriff, the deputy, or the constable.

FRIDAY, FEBRUARY 20, 1987

937

(c) The court shall order the clerk of the court to pay to the landlord the payments paid into the registry of the court as said payments are made; provided, however, that, if the tenant claims that he is entitled to all or any part of the funds and such claim is an issue of controversy in the litigation, the court shall order the clerk to pay to the landlord without delay only that portion of the funds to which the tenant has made no claim in the proceed ings. That part of the funds which is a matter of controversy in the litigation shall remain in the registry of the court until a final determination of the issues."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute to SB 248 offered by the Senate Committee on Indus try and Labor, the yeas were 2, nays 37, and the substitute was lost.

On the adoption of the substitute to SB 248 offered by Senators Hine of the 52nd, Edge of the 28th and Garner of the 30th, the yeas were 38, nays 0, and the substitute was adopted.

The President announced that, pursuant to Senate Rule 143, consideration of the sub stitute and the bill will be suspended and placed on the Senate General Calendar.

Senator Stumbaugh of the 55th introduced Adam West and Burt Ward, who played the characters Batman and Robin in the television series, and each of them briefly addressed the Senate.

The following general bill of the Senate, having been passed on February 19 and recon sidered previously today, was put upon its passage:

SB 263. By Senators Langford of the 35th, Engram of the 34th and Scott of the 36th:
A bill to amend Code Section 36-30-3 of the Official Code of Georgia Annotated, relating to ordinances of a council which may not bind succeeding councils, so as to permit the governing authorities of municipal corporations having a popula tion of not less than 400,000 to authorize the mayor to enter into contracts for periods not exceeding 50 years with respect to property or facilities used for edu cational, entertainment, or museum purposes in downtown development areas.

Senator Engram of the 34th offered the following amendment: Amend SB 263 by striking on line 10, page 1, the word "educational," and by striking on line 6, page 2, the word "educational,".

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

Bowen Broun of 46th Brown of 47th Bryant

Coleman Crumbley Dean English

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Engram Foster p?TMer Harris jjme Howard Hudgins

JOURNAL OF THE SENATE

Kennedy Kidd Langford McGi11 McKenzie Ragan Ray

Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Walker

Those voting in the negative were Senators:

Barnes Brannon BDuawrtokinns
Deal
Echols

Edge Fincher HLaungdgins
Newbill
Olmstead

Peevy Perry rP>hi_l-lilil- Ps
Tolleson
Tysinger

Those not voting were Senators:

Coverdell Harrison

Timmons

Turner (excused)

On the passage of the bill, the yeas were 34, nays 17.
The bill, having received the requisite constitutional majority, was passed as amended.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House insists on its position in disagreeing to the Senate 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 1. By Representatives Thomas of the 69th, Chambless of the 133rd, Waldrep of the 80th, Groover of the 99th, Porter of the 119th and others:
A bill to provide substantive and comprehensive civil justice reform affecting tort claims litigation; to provide a short title; to amend Article 4 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to medical malpractice ac tion limitations, so as to subject minors and incompetents to the article; 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 collateral sources shall be admissible.
The Speaker has appointed on the part of the House, Representatives Thomas of the 69th, Groover of the 99th and Chambless of the 133rd.

FRIDAY, FEBRUARY 20, 1987

939

The House insists on its position in substituting the following bill of the Senate:
SB 2. By Senators Kennedy of the 4th, Coleman of the 1st, Howard of the 42nd and others:
A bill to amend Title 9 of the Official Code of Georgia Annotated, relating to civil practice, so as to provide that the period of limitation for actions for medical malpractice shall begin to run against persons who are minors when such persons attain the age of five years; to provide that certain actions shall not be revived or extinguished.
The House has disagreed to the Senate amendment to the following bill of the House:
HB 169. By Representatives Parham of the 105th, Parrish of the 109th, Cooper of the 20th, Atkins of the 21st and Twiggs of the 4th:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change the listing of certain controlled substances and dangerous drugs; to make certain activities illegal and provide penalties therefor.
The House insists on its position in amending the Senate amendment 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 380. By Representative Adams of the 79th:
A bill 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 inspection.
The Speaker has appointed on the part of the House, Representatives Jackson of the 9th, Adams of the 79th and Barnett of the 10th.
The following bills of the Senate and House were taken up for the purpose of consider ing the House action thereon:
SB 2. By Senators Kennedy of the 4th, Coleman of the 1st, Howard of the 42nd, Barnes of the 33rd, Dean of the 31st and others:
A bill to amend Title 9 of the Official Code of Georgia Annotated, relating to civil practice, so as to provide that the period of limitation for actions for medical malpractice shall begin to run against persons who are minors when such persons attain the age of five years; to provide that certain actions shall not be revived or extinguished.
Senator Coleman of the 1st moved that the Senate adhere to its disagreement to the House substitute to SB 2, and that a Conference Committee be appointed.
On the motion, the yeas were 41, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House substitute to SB 2.

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The President appointed as a Conference Committee on the part of the Senate the following:
Senators Kennedy of the 4th, Howard of the 42nd and Baldwin of the 29th:
HB 1. By Representatives Thomas of the 69th, Chambless of the 133rd, Waldrep of the 80th, Groover of the 99th, Porter of the 119th and others:
A bill to provide substantive and comprehensive civil justice reform affecting tort claims litigation; to provide a short title; to amend Article 4 of Chapter 3 of Title 9 of the O.C.G.A., relating to medical malpractice action limitations, so as to subject minors and incompetents to the article; to amend Chapter 12 of Title 51 of the O.C.G.A., relating to damages in tort actions, so as to provide that evi dence of collateral sources shall be admissible.
Senator Deal of the 49th moved that the Senate adhere to the Senate substitute to HB 1, and that a Conference Committee be appointed.
On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 1.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Deal of the 49th, Barnes of the 33rd and Coleman of the 1st.
The following general bill of the House, having been read the third time and passed on February 19, and reconsidered previously today, was put upon its passage:
HB 291. 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 proceeding, 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; to provide for liens.
Senate Sponsor: Senator Deal of the 49th.
Senator Tolleson of the 32nd offered the following substitute to HB 291:
A BILL To be entitled an Act to amend Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to specialized land transactions, so as to require certain notices, offers, and sales regarding conveyances of mobile home parks; to provide for definitions; to provide for damages; to require notice prior to certain sales, leases, or changes of use of mobile home parks; to limit and provide for defenses to actions for possession; to provide for rights and obligations of mobile home park tenants and owners; to provide for purchases, settlements, damages, and relocations relating to mobile homes and appurtenances thereto before certain mobile home owners may be required to vacate a mobile home park; to provide for delivery of certain notices, offers, and acceptances; 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; to provide for liens; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to

FRIDAY, FEBRUARY 20, 1987

941

specialized land transactions, is amended by adding at the end thereof a new Article 6 to read as follows:
"ARTICLE 6
44-3-240. As used in this article, the term:
(1) 'Association' means a profit or nonprofit corporation incorporated pursuant to Ti tle 14 and having as members or shareholders thereof at least two-thirds of all the mobile home owners within the mobile home park.
(2) 'Mobile home' means a movable or portable dwelling over 32 feet long and over eight feet wide which is constructed to be towed on its own chassis and connected to utilities and designed without a permanent foundation for year-round occupancy. Such dwelling may consist of one or more components that can be retracted for towing purposes and subse quently expanded for additional capacity or may consist of two or more units separately towable but designed to be joined into one integral unit.
(3) 'Mobile home park' or 'park' means a single tract of real property upon which mobile homes are situated as dwellings, which real property is divided into at least ten lots or spaces which are rented or leased or offered for rent or lease for the placement of mobile homes.
(4) 'Sell' means to convey to another the fee simple title of a mobile home park but does not include:
(A) Any sale or transfer to a person who would be included within the table of descent and distribution if the park owner were to die intestate;
(B) Any transfer by gift, devise, or operation of law;
(C) Any transfer by a corporation to an affiliate. As used in this subparagraph, the term 'affiliate' means any corporation or entity owned or controlled, directly or indirectly, by the transferring corporation; or any other corporation or entity owned or controlled, di rectly or indirectly, by any shareholder of the transferring corporations;
(D) Any transfer by a partnership to any of its partners;
(E) Any conveyance of an interest in a mobile home park incidental to the financing of such mobile home park;
(F) Any conveyance resulting from the foreclosure of a security deed, mortgage, deed of trust, or other instrument encumbering a mobile home park or any deed given in lieu of such foreclosure;
(G) Any sale or transfer between or among joint tenants or tenants in common owning a mobile home park;
(H) Any exchange of a mobile home park for other real property, whether or not such exchange also involves the payment of cash or other consideration; or
(I) The purchase of a mobile home park by a governmental entity under its powers of eminent domain.
44-3-241. (a) If the owner of a mobile home park having an association offers to sell or receives an offer to sell that park, prior to executing a contract for such sale, that owner shall deliver notice to the association regarding the specific price, terms, and conditions upon which the owner would consider selling the park and shall not sell that park except as provided in this Code section. That notification shall constitute an offer to sell the park to the association at the owner's specified price, terms, and conditions. If the association fails to accept that offer within 60 days following delivery thereto of the notification offer, the owner may thereafter sell that park. The owner may not sell that park, however, at a price or on terms or conditions more favorable to the purchaser than the price, terms, and condi tions last offered to the association unless that owner first delivers that more favorable offer to the association, allows the association 30 days from the date of delivery of the more

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favorable offer to accept that offer, and the association fails to accept that latest offer within such 30 day period.
(b) If an owner sells a park in violation of this Code section, recordation of the deed conveying the park shall extinguish any right an association has under this Code section to purchase the park but shall not affect any rights of the association or any person to recover damages from the owner for a violation of this Code section.
44-3-242. (a) Owners of mobile home parks shall be required to give mobile home owners who are tenants of that park at least one year's notice, or a longer notice if provided for in a valid rental agreement, before those owners of mobile homes may be evicted as a result of the sale or lease of the park or as a result of a change in use of the land comprising the park from mobile home rentals to some other use.
(b) Within 90 days from the time the park owner delivers the one-year notice under subsection (a) of this Code section, that park owner shall notify the owner of each mobile home to be evicted of the park owner's election to mitigate relocation damages as provided in one of the following paragraphs, which mitigation of damages shall be a condition for the mobile home owner's being required to vacate the park:
(1) Pay as damages the actual cost, including set-up fees, to move an evicted mobile home, with comparable and any required appurtenances, to a comparable mobile home park within a 50 mile radius of the mobile home park or other distance agreed upon by the park owner and mobile home owner. Since the amount of damages that a mobile home owner will suffer due to eviction under this Code section cannot be easily estimated and would be difficult and expensive to determine, payment under this subsection shall be considered in the nature of liquidated damages and not a penalty. The liquidated damages apply only to the harm incurred by the mobile home owner for having to relocate, and this provision shall not preclude incidental damages that might occur in relocating the mobile home;
(2) Purchase the mobile home and all appurtenances thereto at a value to be deter mined as follows:
(A) A mutually agreed upon appraiser will assess the book value of the mobile home and cash value of all appurtenances thereto and the market value of the mobile home as situated immediately prior to the delivery of the notice required under subsection (a) of this Code section. If the park owner and the mobile home owner are unable to agree upon an appraiser, the park owner shall select one appraiser, the mobile home owner shall select another appraiser, and those two appraisers shall select a third appraiser. In the event such appraisers are unable to agree upon the third appraiser, either the park owner or the mobile home owner may petition the judge of the probate court of the county in which lies any part of the mobile home to appoint the third appraiser, and that judge shall make such appoint ment within 15 days after petition is filed. Appraisals determined by a panel of three ap praisers pursuant to this paragraph shall be determined by a majority of the three apprais ers. The park owner and mobile home owner shall share equally the costs of appraisals under this paragraph. The NADA Mobile Home/Manufactured Housing Appraisal Guide shall be used as a guide for determining value under this paragraph;
(B) The mobile home owner will be entitled to the book value of the mobile home and cash value of the appurtenances, plus the following portion of the difference between the book value and the market value of the mobile home. If the mobile home owner has resided in the mobile home park at the time of receiving notice of eviction under this Code section:

0 years up to 5 years 5 years up to 15 years 15 years up to 20 years 20 years or more

50 percent 60 percent .............................................. 80 percent 100 percent

(C) Between the date of the appraisals referred to in this paragraph and the delivery of title and possession of the mobile home and all appurtenances thereto to the park owner,

FRIDAY, FEBRUARY 20, 1987

943

the mobile home and the appurtenances shall be maintained by the mobile home owner in the condition existing on the date of the appraisals, ordinary wear and tear excepted; or
(3) Reach a mutually agreed to settlement between the park owner and the mobile home owner.
(c) An action for possession against a mobile home owner may not be initiated less than one year, or a longer period if provided for in a valid rental agreement, after proper delivery of the notice required by subsection (a) of this Code section. Failure of the park owner to mitigate a mobile home owner's relocation damages when and as required by sub section (b) of this Code section shall constitute a defense to an action for possession against that mobile home owner until such mitigation is provided.
(d) The rights and obligations of the park owner and mobile home owner during any period of extended occupancy by the mobile home owner pursuant to this Code section shall be the same as the rights and obligations of those persons prior to any such period of ex tended occupancy.
44-3-243. Notices and offers required or permitted to be delivered to an association or mobile home owner pursuant to this article may be hand delivered to that owner or associa tion or posted in the United States mail, postage prepaid, addressed to that owner or associ ation at the address thereof. Acceptances permitted to be delivered to a park owner by Code Section 44-3-241 may be hand delivered to the park owner, hand delivered to an authorized representative of the park owner, or posted in the United States mail, postage prepaid, ad dressed to the park owner at the address thereof. Any notices, offers, or acceptances sent by registered or certified mail, return receipt requested, shall be presumed conclusively to have been delivered when posted in the United States mail, postage and fees prepaid, addressed as provided in this Code section, in which event the postmark date of any such registered or certified mail or postal receipt related thereto shall be the date of delivery for purposes of this article."
Section 1.1. Article 3 of Chapter 7 of Title 44 of the Official Code of Georgia Anno tated, relating to dispossessory proceedings, is amended by adding at the end of said article a new Code section, to be designated Code Section 44-7-59, to read as follows:
"44-7-59. If the court issues a writ of possession to property upon which the tenant has placed a manufactured home, mobile home, trailer, or other type of transportable hous ing and the tenant does not move the same within ten days after a final order is entered, the landlord shall be entitled to have such transportable housing moved from the property at the expense of the tenant by a motor common carrier licensed by the Public Service Com mission for the transportation of manufactured housing. There shall be a lien upon such transportable housing to the extent of moving fees and storage expenses in favor of the person performing such services. Such lien may be claimed and foreclosed in the same man ner as special liens on personalty by mechanics under Code Sections 44-14-363 and 44-14550, except that storage fees not to exceed $4.00 per day shall be expressly allowed."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The President ruled that the substitute to HB 291 offered by Senator Tolleson of the 32nd was not germane to HB 291.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin

Barker Barnes Bowen

Brannon Broun of 46th Brown of 47th

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Bryant Burton Coleman Crumbley Dawkins Deal Echols Edge
English Engram Fincher Foster

Gillis Harris Harrison Hine Howard Hudgins Huggins Kennedy
Kidd Land Langford McKenzie

Newbill Olmstead Perry Phillips Ragan Ray Scott of 36th Shumake
Tate Timmons Tolleson Tysinger

Those voting in the negative were Senators:

Garner McGill

Peevy Starr

Walker

Those not voting were Senators:

Coverdell Dean

Scott of 2nd Stumbaugh

Turner (excused)

On the passage of the bill, the yeas were 45, nays 5.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 12. By Representatives Selman of the 32nd, Benn of the 38th, Martin of the 26th, Townsend of the 24th and Lupton of the 25th:
A bill to amend Code Section 20-2-771 of the Official Code of Georgia Annotated, relating to immunization of students, so as to change the period of time for which immunizations may be waived; to provide for documentation and confirmation that immunization is being performed during a waiver period.
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 Brannon Broun of 46th Brown of 47th Bryant
Burton Crumbley Dawkins Deal Dean

Echols Edge English Engram Fincher Foster Garner Gillis Harris
Harrison Hine Howard Hudgins Kennedy

Kidd Land McGill McKenzie Newbill Olmstead Peevy Perry Phillips
Ragan Ray Scott of 2nd Scott of 36th Shumake

FRIDAY, FEBRUARY 20, 1987

945

Starr Stumbaugh

Tate Timmons

Walker

Those not voting were Senators:

Bowen Coleman Coverdell

Huggins Langford Tolleson

Turner (excused) Tysinger

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed.

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 January 20 which is included in the Journal of January 28.

Senator Allgood of the 22nd asked unanimous consent that the reading of the appoint ments be dispensed with since they had been printed and distributed by the Secretary to each Senator, and that one roll call suffice on all appointments unless any Senator desig nated any appointee be deleted from the list and voted on individually. The consent was granted.
The Senate Committee on Higher Education submitted the following report which was read by the Secretary:
The State Senate Atlanta
February 11, 1987
The Honorable Hamilton McWhorter, Jr. Secretary of the Senate State Capitol Atlanta, Georgia 30334
Dear Mr. McWhorter:
The Senate Committee on Higher Education met and considered the Governor's ap pointee to the Board of Regents of the University System of Georgia and voted unanimously to recommend to the Senate that the following appointee be confirmed:
The Honorable William B. Turner of Muscogee County as a member of the Board of Regents of the University System of Georgia, for the term of office beginning June 11, 1986 and ending January 1, 1993.
Sincerely,
/s/ W.W. Fincher, Jr. Chairman, Senate Higher Education Committee

No Senator requested the name of any appointee be deleted. On the confirmation motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen

Brannon Broun of 46th Brown of 47th Bryant Burton Crumbley

Dawkins Dean Echols Edge English Engram

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Foster Garner
Gillis CHjj aainrmensson Hudgins Huggins Kennedy Kidd

Land Langford
McGill MNXTecwKb,ei.nl.l.zie Olmstead Peevy Perry Phillips

Ragan Ray
Scott of 2nd S0Sctaortrt of 36th Tate Timmons Tolleson Walker

Those not voting were Senators:

Coleman Coverdell Deal

Fincher Howard Shumake

Stumbaugh Turner (excused) Tysinger

On the motion, the yeas were 46, 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

Honorable Joe Frank Harris Governor State Capitol Atlanta, Georgia

February 20, 1987

Dear Governor Harris:

Under the rules of the Georgia State Senate governing confirmation of appointments submitted by you, I have the honor to report to you as follows:

Nominations sent to the Senate by you on January 20, 1987, were acted upon by the Georgia State Senate in session on February 20, 1987, with the following results:

Honorable Edward H. Rudert, C.P.A., of Floyd County as a member of the State Board of Accountancy, for the term of office beginning July 24, 1986, and ending June 30, 1990. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.

The following named persons as members of the Georgia Agricultural Exposition Au thority, for the term of office beginning July 9, 1986, and ending June 30, 1990: Michael R. Howren of Bartow County; Patricia J. Steding of Gwinnett County. The vote on this confir mation was yeas 46, nays 0, and the nominees were confirmed.

Honorable Kenneth Ricket of Lowndes County as a member of the State Board of Ar chitects, for the term of office beginning August 8, 1986, and ending March 5, 1991. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.

Honorable Eddie Riley Bray, A.I.A., of Bibb County as a member of the State Board of Architects, for the term of office beginning August 8, 1986, and ending August 8, 1991. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.

The following named persons as members of the Asbestos Licensing Board, for the term of office beginning July 1, 1986, and ending June 30, 1988: Gregory D. Artis of Fulton County; Gerald L. Spencer of DeKalb County; Lawrence S. Brown of DeKalb County; Rob-

FRIDAY, FEBRUARY 20, 1987

947

ert M. Thomas of Fulton County. The vote on this confirmation was yeas 46, nays 0, and the nominees were confirmed.
The following named persons as members of the Asbestos Licensing Board, for the term of office beginning July 1, 1986, and ending June 30, 1990: H.T. Hudgins of DeKalb County; William H. Spain of DeKalb County; Stephen Bradley Henson of DeKalb County. The vote on this confirmation was yeas 46, nays 0, and the nominees were confirmed.
Honorable David Grant Arwood, II, of Fulton County as a member of the Georgia Auc tioneers Commission, for the term of office beginning October 6, 1986, and ending August 14, 1990. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
Honorable R. Curtis Brannen, Sr., of Screven County as a member of the Georgia Auc tioneers Commission, for the term of office beginning October 6, 1986, and ending August 14, 1991. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
The following named persons as members of the State Board of Barbers, for the term of office beginning April 14, 1986, and ending July 25, 1988: Janice Beard of Houston County; Hoyt Purser of Polk County. The vote on this confirmation was yeas 46, nays 0, and the nominees were confirmed.
The following named persons as members of the Georgia Board of Chiropractic Exam iners, for the term of office beginning September 11, 1986, and ending August 20, 1989: Davis Kinney, D.C., of Dougherty County; Stanley H. Merica, D.C., of Baldwin County. The vote on this confirmation was yeas 46, nays 0, and the nominees were confirmed.
Honorable Woodrow Walker, Jr., of DeKalb County as a member of the Construction Industry Licensing Board, for the term of office beginning March 10, 1986, and ending June 30, 1987. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
The following named persons as members of the Board of Corrections, for the term of office beginning September 4, 1986, and ending July 1, 1991: William R. Lance, Jr., of Hall County; H. Lyle Jones of Walker County; Thomas Joseph Campbell of Gordon County. The vote on this confirmation was yeas 46, nays 0, and the nominees were confirmed.
Honorable Ricardo Cottingham of Fulton County as a member of the Georgia State Board of Cosmetology, for the term of office beginning October 22, 1986, and ending May 1, 1989. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
The following named persons as members of the Georgia State Board of Cosmetology, for the term of office beginning October 22, 1986, and ending August 9, 1989: Peggy I. Moon of Franklin County; Mary E. Brown of Fulton County. The vote on this confirmation was yeas 46, nays 0, and the nominees were confirmed.
Honorable Orange Weems of Fulton County as a member of the Georgia Board of Den tistry, for the term of office beginning September 26, 1986, and ending June 30, 1991. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
Honorable John H. Ferguson of Baldwin County as a member of the Georgia Board of Dentistry, for the term of office beginning September 26, 1986, and ending August 1, 1991. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
Honorable Leon A. Hargreaves, Jr., Ph.D., of Clarke County as a member of the State Board of Registration for Foresters, for the term of office beginning January 14, 1986, and ending July 1, 1990. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
Honorable Claude A. McKibben of Troup County as a member of the State Board of Funeral Service, for the term of office beginning June 18, 1986, and ending February 13, 1992. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
Honorable Helena Stern Solodar of Fulton County as a member of the Georgia State Board of Hearing Aid Dealers and Dispensers, for the term of office beginning October 14,

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1986, and ending July 1, 1987. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
The following named persons as members of the Georgia State Board of Hearing Aid Dealers and Dispensers, for the term of office beginning October 14, 1986, and ending July 1, 1988: Steven A. Fellows of Floyd County; Hoyle D. Hood of Fulton County; Sandra Henegan of Clayton County; Frank Hoffman, M.D., of Chatham County. The vote on this confir mation was yeas 46, nays 0, and the nominees were confirmed.
The following named persons as members of the Georgia State Board of Hearing Aid Dealers and Dispensers, for the term of office beginning October 14, 1986, and ending June 15, 1989: Ethan F. Staats, M.D., of Fulton County; Jimmy C. Johns of Terrell County. The vote on this confirmation was yeas 46, nays 0, and the nominees were confirmed.
The following named persons as members of the Board of Human Resources, for the term of office beginning April 16, 1986, and ending April 6, 1991: Solomon W. Walker II, of Richmond County; Robert H. Herndon of Baldwin County; James Lee Fisher, M.D., of Cobb County. The vote on this confirmation was yeas 46, nays 0, and the nominees were confirmed.
Honorable John T. Woodall of Chatham County as a member of the Board of Industry and Trade, for the term of office beginning March 20, 1986, and ending July 1, 1989. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
Honorable C. Frederick Gerlach of Oconee County as a member of the Georgia Board of Landscape Architects, for the term of office beginning September 15, 1986, and ending April 1, 1989. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
Honorable Charles H. Wilson, Jr., of Fulton County as a member of the Board of Medi cal Assistance, for the term of office beginning July 8, 1986, and ending June 30, 1990. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
Honorable Richard T. de Mayo of Fulton County as a member of the Board of Medical Assistance, for the term of office beginning November 19, 1986, and ending June 30, 1987. The vote on this confirmation was yeas 46, 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 46, nays 0, and the nomi nee was confirmed.
The following named persons as members of the Advisory Council to the Georgia Board of Nursing, for the term of office beginning March 20, 1986, and ending September 24, 1986: Brenda Boiler Clark of Clayton County; Martha P. Cousins of Meriwether County. The vote on this confirmation was yeas 46, nays 0, and the nominees were confirmed.
The following named persons as members of the Advisory Council to the Georgia Board of Nursing, for the term of office beginning March 20, 1986, and ending September 24, 1988: Jessie S. Walker of Rockdale County; Lillo Walker Harris of Fulton County. The vote on this confirmation was yeas 46, nays 0, and the nominees were confirmed.
The following named persons as members of the Georgia Board of Nursing, for the term of office beginning March 19, 1986, and ending September 23, 1988: Cennnette Fisher Jack son, Ed.D., of Cobb County; Barbara Jean McCant, R.N., of Fulton County. The vote on this confirmation was yeas 46, nays 0, and the nominees were confirmed.
Honorable Diane Young Goodrich of Glynn County as a member of the Georgia Board of Nursing, for the term of office beginning December 3, 1986, and ending September 23, 1987. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
Honorable Mary Lynn Faress of Troup County as a member of the Georgia Board of Nursing, for the term of office beginning December 3, 1986, and ending September 23, 1989. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.

FRIDAY, FEBRUARY 20, 1987

949

The following named persons as members of the Georgia State Board of Nursing Home Administrators, for the term of office beginning October 14, 1986, and ending December 29, 1988: William Dodd, M.D., of Bibb County; James R. Westbury of Spalding County; Paula M. Bingham of Lumpkin County; Ron Addington of Stephens County. The vote on this confirmation was yeas 46, nays 0, and the nominees were confirmed.
Honorable Myrtle A. Vickers of Coffee County as a member of the Georgia State Board of Nursing Home Administrators, for the term of office beginning October 14, 1986, and ending June 4, 1989. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
The following named persons as members of the Georgia State Board of Nursing Home Administrators, for the term of office beginning October 26, 1986, and ending October 26, 1989: John S. Prickett, Jr., of DeKalb County; Wilhelmina Hall of Dougherty County. The vote on this confirmation was yeas 46, nays 0, and the nominees were confirmed.
The following named persons as members of the Georgia State Board of Occupational Therapy, for the term of office beginning November 21, 1986, and ending December 31, 1989: Saburi Imara of Fulton County; K. Ann Evans of Columbia County. The vote on this confirmation was yeas 46, nays 0, and the nominees were confirmed.
The following named persons as members of the Georgia State Board of Occupational Therapy, for the term of office beginning January 1, 1987, and ending December 31, 1990: Christine B. Doane of Cobb County; Linda C. Stephens of DeKalb County. The vote on this confirmation was yeas 46, nays 0, and the nominees were confirmed.
The following named persons as members of the State Board of Examiners in Optometry, for the term of office beginning October 15, 1986, and ending September 6, 1989: Wil liam L. Dobbs, O.D., of Newton County; L. Wayne Brown, O.D., of Carroll County. The vote on this confirmation was yeas 46, nays 0, and the nominees were confirmed.
Honorable C. Ron Cheeley of Gwinnett County as a member of the State Personnel Board, for the term of office beginning January 13, 1987, and ending January 3, 1992. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
Honorable Rebecca J. Weeks of Fulton County as a member of the Georgia State Board of Physical Therapy, for the term of office beginning October 21, 1986, and ending June 30, 1989. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
Honorable Carol E. Coogler, Sc.D., of Fulton County as a member of the Georgia State Board of Physical Therapy, for the term of office beginning October 21, 1986, and ending August 20, 1989. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
Honorable Costelle B. Walker of DeKalb County as a member of the State Board of Postsecondary Vocational Education, for the term of office beginning April 1, 1986, and ending June 30, 1990. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
The following named persons as members of the Professional Standards Commission, for the term of office beginning June 18, 1986, and ending November 19, 1986: Floyd Toth, Ph.D., of Lowndes County; Mimi Holland of Clayton County; Joe Richardson, Ph.D., of Fulton County. The vote on this confirmation was yeas 46, nays 0, and the nominees were confirmed.
The following named persons as members of the Professional Standards Commission, for the term of office beginning June 18, 1986, and ending November 19, 1988: Jerry Rochelle, Ph.D., of Whitfield County; Dandy P. Taylor of Chatham County; Josie Wills of Richmond County; Alice Klemmetsen of Cobb County; Betty Sloop, Ed.D., of DeKalb County; Joe Sears of Bacon County. The vote on this confirmation was yeas 46, nays 0, and the nominees were confirmed.
Honorable Janet B. Franzoni, Ph.D., of DeKalb County as a member of the State Board

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of Examiners of Psychologists, for the term of office beginning May 23, 1986, and ending January 7, 1991. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
Honorable Jeffrey Melvin Brandsma, Ph.D., of Richmond County as a member of the State Board of Examiners of Psychologists, for the term of office beginning May 23, 1986, and ending March 27, 1991. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
Honorable Bobby D. Moody of Newton County, as a member of the Board of Public Safety, for the term of office beginning December 3, 1986, and ending January 20, 1989. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
Honorable John S. Thibadeau, Sr., of Forsyth County as a member of the Georgia Real Estate Commission, for the term of office beginning August 6, 1986, and ending January 26, 1991. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
The following named persons as members of the State Board of Recreation Examiners, for the term of office beginning January 9, 1987, and ending July 1, 1989: Ronald Nix of Whitfield County; Joyce M. Buis, Ph.D., of Fulton County; Cathryn Olive Craft of Rich mond County; Mary Alice Snow of Bibb County; Thomas F. Boyles of Richmond County; and Johnny Mills of Whitfield County. The vote on this confirmation was yeas 46, 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 October 17, 1986, and ending June 24, 1989: Jeffrey A. Kunkes, M.D., of Fulton County; Jane M. Kassing of Cobb County; Carolyn W. Watkins of Gwinnett County. The vote on this confirmation was yeas 46, nays 0, and the nominees were confirmed.
The following named persons as members of the Student Finance Commission, for the term of office beginning November 17, 1986, and ending March 15, 1992: M. Yvette Miller of Fulton County; James A. Faulkner of Lumpkin County. The vote on this confirmation was yeas 46, nays 0, and the nominees were confirmed.
Honorable William B. Turner of Muscogee County as a member of the Board of Re gents of the University System of Georgia, for the term of office beginning June 11, 1986, and ending January 1, 1993. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
Honorable Sherold Salmon of Floyd County as a member of the State Board of Regis tration of Used Car Dealers, for the term of office beginning May 21, 1986, and ending May 20, 1987. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
The following named persons as members of the State Board of Registration of Used Car Dealers, for the term of office beginning May 21, 1986, and ending May 20, 1991: David L. Moore of Muscogee County; Reverend J.B. Robinson of Lowndes County. The vote on this confirmation was yeas 46, nays 0, and the nominees were confirmed.
Honorable Tommy Clack of DeKalb County as a member of the Veterans Service Board, for the term of office beginning April 7, 1986, and ending April 1, 1993. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
Honorable Gerald Foskey of Johnson County as a member of the State Board of Veteri nary Medicine, for the term of office beginning March 13, 1986, and ending June 30, 1990. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
Honorable Brooks K. Glass, D.V.M., of Muscogee County as a member of the State Board of Veterinary Medicine, for the term of office beginning, March 13, 1986, and ending September 16, 1990. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
Honorable Leigh Boyd Ross of Floyd County as a member of the State Board of Exam iners for Certification of Water and Wastewater Treatment Plant Operators and Laboratory

FRIDAY, FEBRUARY 20, 1987

951

Analysts, for the term of office beginning January 6, 1987, and ending August 17, 1990. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
Honorable James W. Oxendine of Gwinnett County as a member of the State Board of Workers' Compensation, for the term of office beginning October 1, 1986, and ending May 1, 1989. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
Sincerely, Is/ Hamilton McWhorter, Jr.
Secretary of the Senate
The President announced that the Senate would stand in recess from 12:35 o'clock P.M. until 1:00 o'clock P.M.
At 1:00 o'clock P.M., the President called the Senate to order.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House adheres to its position in insisting on 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 2. By Senators Kennedy of the 4th, Coleman of the 1st, Howard of the 42nd and others: A bill to amend Title 9 of the Official Code of Georgia Annotated, relating to civil practice, so as to provide that the period of limitation for actions for medical malpractice shall begin to run against persons who are minors when such persons attain the age of five years; to provide that certain actions shall not be revived or extinguished.
The Speaker has appointed on the part of the House, Representatives Thomas of the 69th, Robinson of the 58th and Porter of the 119th.
The following bill of the House was taken up for the purpose of considering the House action thereon:
HB 380. By Representative Adams of the 79th: A bill 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 inspection.
Senator Harris of the 27th moved that the Senate adhere to its disagreement to the House amendment to the Senate amendment to HB 380, and that a Conference Committee be appointed.
On the motion, the yeas were 38, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House amendment to the Senate amendment to HB 380.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Harris of the 27th, Bowen of the 13th and English of the 21st.

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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 79. By Representatives Alien of the 127th, Triplett of the 128th, Pannell of the 122nd, Mueller of the 126th, Kingston of the 125th and others:
A bill to amend an Act making provisions for the Magistrate Court of Chatham County and abolishing the Municipal Court of Savannah, so as to change certain procedures relative to the appointment of additional magistrates.
The Speaker has appointed on the part of the House, Representatives Alien of the 127th, Mueller of the 126th and Johnson of the 123rd.
The House has adopted the report of the Committee of Conference on the following bills of the House and Senate:
HB 1. By Representatives Thomas of the 69th, Chambless of the 133rd, Waldrep of the 80th, Groover of the 99th, Porter of the 119th and others:
A bill to provide substantive and comprehensive civil justice reform affecting tort claims litigation; to provide a short title; to amend Article 4 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to medical malpractice ac tion limitations, so as to subject minors and incompetents to the article; 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 collateral sources shall be admissible.
SB 2. By Senators Kennedy of the 4th, Coleman of the 1st, Howard of the 42nd and others:
A bill to amend Title 9 of the Official Code of Georgia Annotated, relating to civil practice, so as to provide that the period of limitation for actions for medical malpractice shall begin to run against persons who are minors when such persons attain the age of five years; to provide that certain actions shall not be revived or extinguished.
The following bill of the House was taken up for the purpose of considering the Confer ence Committee report thereon:
HB 1. By Representatives Thomas of the 69th, Chambless of the 133rd, Waldrep of the 80th, Groover of the 99th, Porter of the 119th and others:
A bill to provide substantive and comprehensive civil justice reform affecting tort claims litigation; to provide a short title; to amend Article 4 of Chapter 3 of Title 9 of the O.C.G.A., relating to medical malpractice action limitations, so as to subject minors and incompetents to the article; to amend Chapter 12 of Title 51 of the O.C.G.A., relating to damages in tort actions, so as to provide that evi dence of collateral sources shall be admissible.
The Conference Committee report on HB 1 was as follows:
The Committee of Conference on HB 1 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 HB 1 be adopted.
Respectfully submitted,

FOR THE SENATE:
Is/ 3. Nathan Deal Senator, 49th District
Is/ Roy E. Barnes Senator, 33rd District
/s/ J. Tom Coleman Senator, 1st District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Charles A. Thomas, Jr. Representative, 69th District
/s/ Denmark Groover Representative, 99th District
Is/ Tommy Chambless Representative, 133rd District

Conference Committee substitute to HB 1:

A BILL
To be entitled an Act to provide substantive and comprehensive civil justice reforms affecting tort claims litigation; to provide a short title; to amend Title 81 of the Official Code of Georgia Annotated, relating to torts, so as to provide to certain members, directors, trust ees, and officers of nonprofit hospitals, nonprofit, charitable, or eleemosynary institutions or organizations, or governmental entities immunity from civil liability under certain condi tions; to provide that evidence of compensation, benefits, or other payments from collateral sources shall be admissible for consideration by the trier of fact in civil actions in which special damages are sought or evidence of same is otherwise introduced by the plaintiff; to provide under what circumstances punitive damages may be awarded because of the actions of a defendant; to provide for applicability of certain provisions; to provide a definition; to provide the purposes of punitive damage awards; to provide trial procedures for pleadings, evidentiary standards, findings of fact, and judgments for awards of punitive damages; to provide for determinations of punitive damage awards in different causes of action; to pro vide for product liability cases; to provide for the disposition of certain awards; to provide for cases in which the defendant has a specific intent to harm; to provide for all other cases in which punitive damages may be awarded; to provide for injuries to peace, happiness, or feelings; to provide that if the jury's verdict as to damages is clearly inadequate or excessive then the trial court may either order a new trial as to damages only or condition the denial of a new trial upon the parties' acceptance of a modified amount; to provide for application only to the first order of a new trial; to provide for a permissible apportionment of damages in certain causes of action among defendants according to the fault of each defendant the plaintiff is to some degree responsible for the injury or damages claimed; to provide that in such cases damages shall not be a joint liability or subject to contribution; to provide for construction and applicability; to provide for matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. This Act shall be known and may be cited as the "Tort Reform Act of 1987."
Section 2. Title 51 of the Official Code of Georgia Annotated, relating to torts, is amended by striking in its entirety Code Section 51-1-20, relating to the liability of directors and officers of public, charitable, or nonprofit hospitals, institutions, or organizations, and inserting in its place a new Code Section 51-1-20 to read as follows:
"51-1-20. A person serving with or without compensation as a member, director, or trus tee, or as an officer without compensation of any nonprofit hospital, or any nonprofit, chari table, or eleemosynary institution, or organization or of any governmental agency, board, authority, or entity shall be immune from civil liability for any act or any omission to act arising out of such service if such person was acting in good faith within the scope of his or

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her official actions and duties and unless the damage or injury was caused by the willful or wanton misconduct of such person."
Section 3. Said title is further amended by striking in its entirety Code Section 51-121, relating to types of damages, and inserting in its place a new Code Section 51-12-1 to read as follows:
"51-12-1. (a) Damages may be either general or special, direct or consequential.
(b) In any civil action, whether in tort or in contract, for the recovery of damages arising from a tortious injury in which special damages are sought to be recovered or evi dence of some is otherwise introduced by the plaintiff, evidence of all compensation, indem nity, insurance (other than life insurance), wage loss replacement, income replacement, or disability benefits or payments available to the injured party from any and all governmental or private sources and the cost of providing and the extent of such available benefits or payments shall be admissible for consideration by the trier of fact. The trier of fact, in its discretion, may consider such available benefits or payments and the cost thereof but shall not be directed to reduce an award of damages accordingly."
Section 4. Said title is further amended by striking in its entirety Code Section 51-125, relating to additional damages for aggravating circumstances, and inserting in its place a new Code Section 51-12-5 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) This Code section shall apply only to causes of action for torts arising before July 1, 1987."
Section 5. Said title is further amended by inserting immediately following Code Sec tion 51-12-5 a new Code section, to be designated Code Section 51-12-5.1, to read as follows:
"51-12-5.1. (a) As used in this Code section, the term 'punitive damages' is synony mous with the terms 'vindictive damages,' 'exemplary damages,' and other descriptions of additional damages awarded because of aggravating circumstances in order to penalize, pun ish, or deter a defendant.
(b) Punitive damages may be awarded only in such tort actions in which it is proven by clear and convincing evidence that the defendant's actions showed willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would raise the presumption of conscious indifference to consequences.
(c) Punitive damages shall be awarded not as compensation to a plaintiff but solely to punish, penalize, or deter a defendant.
(d) (1) An award of punitive damages must be specifically prayed for in a complaint. In any case in which punitive damages are claimed, the trier of fact shall first resolve from the evidence produced at trial whether an award of punitive damages shall be made. This finding shall be made specifically through an appropriate form of verdict, along with the other required findings.
(2) If it is found that punitive damages are to be awarded, the trial shall immediately be recommended in order to receive such evidence as is relevant to a decision regarding what amount of damages will be sufficient to deter, penalize, or punish the defendant in light of the circumstances of the case. It shall then be the duty of the trier of fact to set the amount to be awarded according to subsection (e), (f), or (g) of this Code section, as applicable.
(e) (1) In a tort case in which the cause of action arises from product liability, there shall be no limitation regarding the amount which may be awarded as punitive damages. Only one award of punitive damages may be recovered in a court in this state from a de-

FRIDAY, FEBRUARY 20, 1987

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fendant for any act or omission if the cause of action arises from product liability, regardless of the number of causes of action which may arise from such act or omission.
(2) Seventy-five percent of any amounts awarded under this subsection as punitive damages, less a proportionate part of the costs of litigation, including reasonable attorney's fees, all as determined by the trial judge, shall be paid into the treasury of the state through the Fiscal Division of the Department of Administrative Services. Upon issuance of judg ment in such a case, the state shall have all rights due a judgment creditor until such judg ment is satisfied and shall stand on equal footing with the plaintiff of the original case in securing a recovery after payment to the plaintiff of damages awarded other than as puni tive damages. A judgment debtor may remit the state's proportional share of punitive dam ages to the clerk of the court in which the judgment was rendered. It shall be the duty of the clerk to pay over such amounts to the Fiscal Division of the Department of Administra tive Services within 60 days of receipt from the judgment debtor. This paragraph shall not be construed as making the state a party at interest and the sole right of the state is to the proceeds as provided in this paragraph.
(f) In a tort case in which the cause of action does not arise from product liability, if it is found that the defendant acted, or failed to act, with the specific intent to cause harm, there shall be no limitation regarding the amount which may be awarded as punitive damages.
(g) For any tort action not provided for by subsection (e) or (f) of this Code section in which the trier of fact has determined that punitive damages are to be awarded, the amount which may be awarded in the case shall be limited to a maximum of $250,000.00.
(h) This Code section shall apply only to causes of action arising on or after July 1, 1987."
Section 6. Said title is further amended by striking in its entirety Code Section 51-126, relating to the measure of damages for injury to peace, happiness, or feelings, and in serting in its place a new Code Section 51-12-6 to read as follows:
"51-12-6. In a tort action in which the entire injury is to the peace, happiness, or feel ings of the plaintiff, no measure of damages can be prescribed except the enlightened con sciences of impartial jurors. In such an action, punitive damages under Code Section 51-12-5 or Code Section 51-12-5.1 shall not be awarded."
Section 7. Said title is further amended by striking in its entirety Code Section 51-1212, relating to determination of damages, and inserting in its place a new Code Section 5112-12 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 verdict unless the damages awarded by the jury are clearly so inadequate or so excessive as to be inconsistent with the preponderance of the evidence in the case.
(b) If the jury's award of damages is clearly so inadequate or so excessive as to any party as to be inconsistent with the preponderance of the evidence, the trial court may order a new trial as to damages only, as to any or all parties, or may condition the grant of such a new trial upon any party's refusal to accept an amount determined by the trial court.
(c) Only one grant of a new trial by the judge may be based upon the powers con ferred by this Code section. The first grant of a new trial other than one ordered under this Code section and which order granting the new trial is not based on this Code section shall remain governed by Code Section 5-5-50."
Section 8. Said title is further amended by striking in their entirety Code Section 5112-31, relating to the recovery against joint trespassers, and Code Section 51-12-32, relating to the right of contribution among joint trespassers and the effects of settlement, and in serting in their place new Code Sections 51-12-31, 51-12-32, and 51-12-33 to read as follows:
"51-12-31. Except as provided in Code Section 51-12-33, where an action is brought

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jointly against several trespassers, the plaintiff may recover damages for the greatest injury done by any of the defendants against all of them. In its verdict, the jury may specify the particular damages to be recovered of each defendant. Judgment in such a case must be entered severally.
51-12-32. (a) Except as provided in Code Section 51-12-33, where a tortious act does not involve moral turpitude, contribution among several trespassers may be enforced just as if an action had been brought against them jointly. Without the necessity of being charged by action or judgment, the right of a joint trespasser to contribution from another or others shall continue unabated and shall not be lost or prejudiced by compromise and settlement of a claim or claims for injury to person or property or for wrongful death and release therefrom.
(b) If judgment is entered jointly against several trespassers and is paid off by one of them, the others shall be liable to him for contribution.
(c) Without the necessity of being charged by an action or judgment, the right of in demnity, express or implied, from another or others shall continue unabated and shall not be lost or prejudiced by compromise and settlement of a claim or claims for injury to person or property or for wrongful death and release therefrom.
51-12-33. (a) Where an action is brought against more than one person for injury to person or property and the plaintiff is himself to some degree responsible for the injury or damages claimed, the trier of fact, in its determination of the total amount of damages to be awarded, if any, may apportion its award of damages among the persons who are liable and whose degree of fault is greater than that of the injured party according to the degree of fault of each person. Damages, if apportioned by the trier of fact as provided in this Code section, shall be the liability of each person against whom they are awarded, shall not be a joint liability among the persons liable, and shall not be subject to any right of contribution.
(b) Subsection (a) of this Code section shall not affect venue provisions regarding joint actions.
(c) This Code section shall apply only to causes of action arising on or after July 1, 1987."
Section 9. 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 HB 1.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun of 46th BBrroywannt of 47th Coleman
Crumbley Dawkins Deal
Dean Echols Edge

English Engram Fincher Foster Garner Gillis Harris Harrison HHoinweard Hudgins
Hugging Kennedy Kidd
Land Langford McGill

McKenzie Newbill Olmstead Peevy Perry Phillips Ragan o "Sco^tt <*, ,,*"<!, Scott of 36th
Starr Tate Timmons
Tolleson Tysinger Walker

FRIDAY, FEBRUARY 20, 1987

957

Those not voting were Senators:

Burton Coverdell

Shumake Stumbaugh

Turner (excused)

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1.

The following bill of the Senate was taken up for the purpose of considering the Confer ence Committee report thereon:

SB 2. By Senators Kennedy of the 4th, Coleman of the 1st, Howard of the 42nd, Barnes of the 33rd, Dean of the 31st and others:
A bill to amend Title 9 of the Official Code of Georgia Annotated, relating to civil practice, so as to provide that the period of limitation for actions for medical malpractice shall begin to run against persons who are minors when such persons attain the age of five years; to provide that certain actions shall not be revived or extinguished.

The Conference Committee report on SB 2 was as follows:

The Committee of Conference on SB 2 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 2 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Joseph E. Kennedy Senator, 4th District
/s/ Quillian Baldwin Senator, 29th District
/s/ Pierre Howard Senator, 42nd District

FOR THE HOUSE OF REPRESENTATIVES:
M Charles A. Thomas, Jr. Representative, 69th District
/s/ Pete Robinson Representative, 96th District
/s/ DuBose Porter Representative, 119th District

Conference Committee substitute to SB 2:
A BILL
To be entitled an Act to provide substantive and comprehensive reforms affecting claims for medical malpractice; to provide a short title; to amend Title 9 of the Official Code of Georgia Annotated, relating to civil practice, so as to provide that minors who have at tained the age of five years and incompetents shall be subject to limitations of actions provi sions regarding medical malpractice; to provide for periods of limitation and repose; to pro vide exceptions; to provide findings; to provide that certain actions shall not be revived or extinguished; to provide that in any case in which professional malpractice is alleged, an affidavit of an expert competent to testify setting forth the particulars of the claim shall be filed with the complaint; to provide the contents of such affidavit; to provide exceptions; to provide procedures; to provide that no period of limitation is extended by such filing re quirements; to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relat ing to general provisions affecting torts, so as to provide immunity from civil liability to certain health care providers or other entities providing professional services without com-

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pensation or the expectation thereof; to provide exceptions; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. This Act shall be known and may be cited as the "Medical Malpractice Reform Act of 1987."
Section 2. Title 9 of the Official Code of Georgia Annotated, relating to civil practice, is amended by striking in its entirety Code Section 9-3-73, relating to certain disabilities and exceptions applicable to the period of limitation for medical malpractice actions, and inserting in its place a new Code Section 9-3-73 to read as follows:
"9-3-73. (a) Except as provided in this Code section, the disabilities and exceptions prescribed in Article 5 of this chapter in limiting actions on contracts shall be allowed and held applicable to actions, whether in tort or contract, for medical malpractice.
(b) Notwithstanding Article 5 of this chapter, all persons who are legally incompetent because of mental retardation or mental illness and all minors who have attained the age of five years shall be subject to the periods of limitation for actions for medical malpractice provided in this article. A minor who has not attained the age of five years shall have two years from the date of such minor's fifth birthday within which to bring a medical malprac tice action if the cause of action arose before such minor attained the age of five years.
(c) Notwithstanding subsections (a) and (b) of this Code section, in no event may an action for medical malpractice be brought by or on behalf of:
(1) A person who is legally incompetent because of mental retardation or mental ill ness more than five years after the date on which the negligent or wrongful act or omission occurred; or
(2) A minor:
(A) After the tenth birthday of the minor if such minor was under the age of five years on the date on which the negligent or wrongful act or omission occurred; or
(B) After five years from the date on which the negligent or wrongful act or omission occurred if such minor was age five or older on the date of such act or omission.
(d) Subsection (b) of this Code section is intended to create a statute of limitations and subsection (c) of this Code section is intended to create a statute of repose.
(e) The limitations of subsections (b) and (c) of this Code section shall not apply where a foreign object has been left in a patient's body. Such cases shall be governed by Code Section 9-3-72.
(f) The findings of the General Assembly under this Code section include, without limi tation, that a reasonable relationship exists between the provisions, goals, and classifications of this Code section and the rational, legitimate state objectives of providing quality health care, assuring the availability of physicians, preventing the curtailment of medical services, stabilizing insurance and medical costs, preventing stale medical malpractice claims, and providing for the public safety, health, and welfare as a whole.
(g) No action which, prior to July 1, 1987, has been barred by provisions relating to limitations of actions shall be revived by this article, as amended. No action which would be barred before July 1, 1987, by the provisions of this article, as amended, but which would not be so barred by the provisions of this article and Article 5 of this chapter in force imme diately prior to July 1, 1987, shall be barred until July 1, 1989."
Section 3. Said title is further amended by inserting immediately following Code Sec tion 9-11-9 a new Code section, to be designated Code Section 9-11-9.1, to read as follows:
"9-11-9.1. (a) In any action for damages alleging professional malpractice, the plain tiff shall be required to file with the complaint an affidavit of an expert competent to testify,

FRIDAY, FEBRUARY 20, 1987

959

which affidavit shall set forth specifically at least one negligent act or omission claimed to exist and the factual basis for each such claim.
(b) The contemporaneous filing requirement of subsection (a) of this Code section shall not apply to any case in which the period of limitation will expire within ten days of the date of filing and, because of such time constraints, the plaintiff has alleged that an affidavit of an expert could not be prepared. In such cases, the plaintiff shall have 45 days after the filing of the complaint to supplement the pleadings with the affidavit. The trial court may, on motion, after hearing and for good cause extend such time as it shall deter mine justice requires.
(c) If an affidavit is filed after the filing of a complaint, as allowed under subsection (b) of this Code section, the defendant shall not be required to file an answer to the com plaint and affidavit until 30 days after the filing of the affidavit.
(d) This Code section shall not be construed to extend any applicable period of limitation."
Section 4. Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions affecting torts, is amended by inserting immediately following Code Sec tion 51-1-29 a new Code section, to be designated Code Section 51-1-29.1, to read as follows:
"51-1-29.1. (a) Unless it is established that injuries or death were caused by gross negli gence or willful or wanton misconduct:
(1) No health care provider licensed under Chapter 11, 26, or 34 of Title 43 who vol untarily and without the expectation or receipt of compensation provides professional ser vices, within the scope of such health care provider's licensure, for and at the request of a hospital, public school, nonprofit organization, or an agency of the state or one of its politi cal subdivisions or provides such professional services to a person at the request of such an organization, which organization does not expect or receive compensation with respect to such services from the recipient of such services; or
(2) No licensed hospital, public school, nonprofit organization, or an agency of the state or one of its political subdivisions which requests, sponsors, or participates in the pro viding of the services under the circumstances provided in paragraph (1) of this subsection shall be liable for damages or injuries alleged to have been sustained by the person nor for damages for the injury or death of the person when the injuries or death are alleged to have occurred by reason of an act or omission in the rendering of such services.
(b) This Code section shall apply only to causes of action arising on or after July 1, 1987."
Section 5. All laws and parts of laws in conflict with this Act are repealed.

Senator Barnes of the 33rd moved that the Senate adopt the Conference Committee report on SB 2.

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 Broun of 46th Brown of 47th Bryant

Coleman Crumbley Dawkins Deal Dean Echols Edge English Engram Fincher

Foster Garner Gillis Harris Harrison Hine Howard Hudgins Huggins Kennedy

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Kidd Land Langford McGill McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan Ray

Scott of 2nd Starr Timmons Tolleson Tysinger Walker

Voting in the negative were Senators Scott of 36th and Tate.

Those not voting were Senators:

Burton Coverdell

Shumake Stumbaugh

Turner (excused)

On the motion, the yeas were 48, nays 2; the motion prevailed, and the Senate adopted the Conference Committee report on SB 2.

The following report of the committee on Enrolling and Journals was read by the Secretary:

Mr. President:

The Committee on Enrolling and Journals has read and examined the following Senate bills and has instructed me to report the same back to the Senate as correct and ready for transmission to the Governor:
SB 69. SB 213. SB 224. SB 225. SB 226. SB 293. SB 294. SB 295.
Respectfully submitted,
Senator Barker of the 18th District, Chairman

Senator Allgood of the 22nd moved that the Senate stand in recess until 5:00 o'clock P.M. at which time the Senate would stand adjourned pursuant to HR 307, adopted previ ously, until 10:00 o'clock A.M. on Monday, February 23; the motion prevailed.

At 2:03 o'clock P.M., the President announced that the Senate would stand in recess until 5:00 o'clock P.M. at which time the Senate would stand adjourned pursuant to HR 307, adopted previously, until 10:00 o'clock A.M. on Monday, February 23.

MONDAY, FEBRUARY 23, 1987

961

Senate Chamber, Atlanta, Georgia Monday, February 23, 1987
Twenty-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 Friday, Feb ruary 20, 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 828. By Representative Mobley of the 64th: A bill to amend an Act creating a new charter for the City of Winder, so as to provide for the corporate powers of that city and the designation of the gov erning body thereof.
HB 863. By Representative Hudson of the 117th: A bill to amend an Act providing for a new charter of the City of Cochran, so as to change the provisions relating to the powers of the governing authority of the City of Cochran.
HB 879. By Representatives Triplett of the 128th, Hamilton of the 124th, Pannell of the 122nd, Kingston of the 125th, Mueller of the 126th 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 consolidation of the boards of tax assessors of Chatham County and the City of Savannah and to the appointment of a chief tax assessor to perform the duties of tax receiving in Chatham County.
HB 880. By Representatives Lane of the lllth and Godbee of the 110th: A bill to create a new charter for the City of Statesboro; to provide for the corpo rate limits of said city.
HB 881. By Representatives Hensley of the 20th, Thompson of the 20th, Isakson of the 21st, Cooper of the 20th, Atkins of the 21st and others: A bill to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the provisions relating to the compensation of the deputy clerk of the superior court.
HB 884. By Representatives Godbee of the 110th and Lane of the lllth: 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.

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HB 885. By Representatives Godbee of the 110th and Lane of the lllth: 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.
HB 886. By Representatives Godbee of the 110th and Lane of the lllth: 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.
HB 887. By Representatives Godbee of the 110th and Lane of the lllth: 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 892. By Representatives Beck of the 148th, Reaves of the 147th and Patten of the 149th:
A bill to amend an Act providing a new charter for the City of Valdosta, so as to redefine the corporate limits of the City of Valdosta.
HB 893. By Representatives Beck of the 148th, Reaves of the 147th and Patten of the 149th:
A bill to establish the Valdosta-Lowndes County Airport Authority.
HB 894. By Representative Crawford of the 5th: A bill to amend an Act creating the State Court of Chattooga County, so as to change the provisions relating to the compensation of the judge and solicitor of said court.
HB 914. By Representative Ricketson of the 82nd:
A bill to amend an Act relating to the board of commissioners of Taliaferro County, so as to authorize the board of commissioners of Taliaferro County to provide that the chairman of the board of commissioners may also serve as the road superintendent of Taliaferro County.
SB 250. By Senator Gillis of the 20th: A bill to amend an Act creating a new charter for the City of Mount Vernon in the County of Montgomery, as amended, so as to change the corporate limits of said city.
HB 807. By Representatives Buck of the 95th, Connell of the 87th and Stancil of the 66th: A bill to amend Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to scholarships, loans, and grants, so as to authorize the cor poration to guarantee service cancelable loans made to certain students even if such loans do not meet all requirements of the federal act; to repeal Code Section 20-3-278, relating to reports as to loan commitment agreements, statements to borrowers, administration fees, and reports of agreement terminations.
HB 107. By Representative Richardson of the 52nd: A bill to amend Chapter 9 of Title 31 of the Official Code of Georgia Annotated, relating to consent for surgical or medical treatments, so as to provide for con sent to the drawing and testing of fluid samples and the consequences thereof; to

MONDAY, FEBRUARY 23, 1987

963

provide for the disclosure of information obtained as a result of consented to health care treatment, care, testing, or examination.
HB 722. By Representative Buck of the 95th: A bill to amend Code Section 47-17-1 of the Official Code of Georgia Annotated, relating to definitions under the Peace Officers' Annuity and Benefit Fund, so as to change certain definitions.
HB 562. By Representative McDonald of the 12th: A bill to provide for the Department of Labor a supplemental appropriation.
HB 663. By Representative Robinson of the 96th: A bill to amend Chapter 5 of Title 10 of the Official Code of Georgia Annotated, relating to securities, so as to provide for the applicability of certain securities laws to criminal or civil proceedings.
HB 768. By Representative Ramsey of the 3rd: A bill to amend Article 3 of Chapter 10 of title 16 of the Official Code of Georgia Annotated, relating to escape and other offenses related to confinement, so as to redefine the offense of felony-bail jumping; to redefine the offense of misde meanor-bail jumping; to delete certain requirements relating to mailing of notices.
HB 433. By Representatives Athon of the 57th and Childers of the 15th: A bill to amend Code Section 43-7A-12 of the Official Code of Georgia Anno tated, relating to education, experience, and training requirements for licensure in social work, so as to change certain experience requirements.
HB 439. By Representatives Moore of the 139th, Parrish of the 109th, Jamieson of the llth and Branch of the 137th: 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 686. By Representative Cox of the 141st: A bill to amend Code Section 25-4-2 of the Official Code of Georgia Annotated, relating to definitions under the "Georgia Firefighter Standards and Training Act", so as to change the definition of the term "firefighter" to include public safety officers for purposes of firefighter training.
HB 677. By Representative Johnson of the 72nd: A bill to amend Code Section 47-16-21 of the Official Code of Georgia Annotated, relating to the membership of the Board of Commissioners of the Sheriffs' Re tirement Fund of Georgia, so as to change the term of the retired member of the board.
HB 743. By Representatives Watson of the 114th and Robinson of the 58th: A bill to amend Code Section 46-1-1 of the Official Code of Georgia Annotated, relating to definitions concerning public utilities and public transportation, so as to change certain provisions relating to the definition of the term "motor com mon carrier and motor contract carrier".

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HB 698. By Representatives Sinkfield of the 37th, Greer of the 39th, Holmes of the 28th and Benn of the 38th:
A bill to amend Code Section 48-5-147 of the Official Code of Georgia Annotated, relating to the use of a lock box system in connection with tax payments to local governing authorities, so as to authorize tax officials to enter into contracts for a lock box system on behalf of local governments under certain circumstances.
HB 563. By Representatives Dover of the llth, Kilgore of the 42nd, Watson of the 114th, Hooks of the 116th, Foster of the 6th and others:
A bill to amend Code Section 48-13-51 of the Official Code of Georgia Annotated, relating to the levy by counties and municipalities of an excise tax on charges to the public on rooms, lodgings, or accommodations, so as to increase the maxi mum rate of such taxes so long as a certain portion of the total taxes are used for certain purposes; to change the limitation on the maximum aggregate amount of taxes which under certain conditions may be levied.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
SB 71. By Senator Brannon of the 51st:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that the names of write-in candidates for whom the notice of intention of candidacy has not been provided in compliance with other provisions of law shall not be counted, tabulated, or certified; to provide an effec tive date.
The House has agreed to the Senate substitutes to the following bills of the House:
HB 723. By Representatives Wall of the 61st, Pittman of the 60th, Bannister of the 62nd, Mobley of the 64th, Lawson of the 9th and others:
A bill to amend an Act to continue and re-create the State Court of Gwinnett County, so as to provide for an additional judge for the State Court of Gwinnett County.
HB 70. By Representatives Jackson of the 9th, Bostick of the 138th, Kingston of the 125th, Porter of the 119th, Carter of the 146th and others:
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 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.
HB 20. By Representatives Thomas of the 69th, Chambless of the 133rd and Waldrep of the 80th:
A bill to amend Code Section 10-8-1 of the Official Code of Georgia Annotated, relating to the creation and composition of the Economic Development Council, so as to change the membership of the Economic Development Council; to pro vide that it shall be the duty of the Governor to designate a member to represent the Business Council of Georgia, Inc.

MONDAY, FEBRUARY 23, 1987

965

The House has agreed to the Senate amendments to the following bills of the House:
HB 82. By Representatives Selman of the 32nd, Bishop of the 94th, Dover of the llth, Phillips of the 120th, Greene of the 130th 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 establishment of the Georgia Youth Conservation Corps within the Department of Natural Resources.
HB 94. By Representatives Cox of the 141st, Patten of the 149th and Bargeron of the 108th:
A bill to amend Article 3 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, known as "The Georgia Coroner's Training Council Act", so as to change the provisions relating to the membership of the Georgia Coroner's Training Council; to change the provisions relating to the quorum of such council.
The House has agreed to the Senate amendment to the House substitute to the follow ing bill of the Senate:
SB 34. By Senator Peevy of the 48th:
A bill to amend Part 1 of Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to certain privileges and confidentiality regarding certain testimony and communications of witnesses generally, so as to provide that a husband and wife shall be competent and compellable to give evidence in certain criminal proceedings.
The following bills of the Senate were introduced, read the first time and referred to committees:
SB 369. By Senator Engram of the 34th:
A bill to create the Fayette County Water Authority; to authorize the authority to acquire, construct, add to, extend, improve, equip, operate, and maintain projects embracing sources of water supply and the distribution and sale of water and related facilities to individuals, private concerns, municipal corporations, the State of Georgia, and its political subdivisions and instrumentalities thereof. Referred to Committee on Urban and County Affairs.
SB 370. By Senators Scott of the 2nd, Coleman of the 1st, Allgood of the 22nd and others:
A bill to amend Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the Teachers Retirement System of Georgia, so as to change the pro visions relating to the definition of a teacher; to authorize certain public school employees to become members of the retirement system; to provide for certain creditable service in connection therewith. Referred to Committee on Retirement.
SB 371. By Senators Fincher of the 54th, Scott of the 36th, Coverdell of the 40th and others:
A bill to amend Article 6 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, known as the "Private Colleges and Universities Authority Act," so as to define a new term; to authorize the authority to lend the proceeds of its revenue bonds to the Georgia Student Finance Commission or to finance the

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purchase of loans from the Georgia Student Finance Commission with the pro ceeds of its revenue bonds. Referred to Committee on Higher Education.
The following bills of the House were read the first time and referred to committees:
HB 107. By Representative Richardson of the 52nd: A bill to amend Chapter 9 of Title 31 of the Official Code of Georgia Annotated, relating to consent for surgical or medical treatments, so as to provide for con sent to the drawing and testing of fluid samples and the consequences thereof; to provide for the disclosure of information obtained as a result of consented to health care treatment, care, testing, or examination.
Referred to Committee on Human Resources.
HB 433. By Representatives Athon of the 57th and Childers of the 15th: A bill to amend Code Section 43-7A-12 of the Official Code of Georgia Anno tated, relating to education, experience, and training requirements for licensure in social work, so as to change certain experience requirements.
Referred to Committee on Human Resources.
HB 439. By Representatives Moore of the 139th, Parrish of the 109th, Jamieson of the llth and Branch of the 137th: A bill to amend Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county tax officials and administration, so as to provide that the costs of advertisements of property to be sold under tax execution shall be an additional cost of the execution to be satisfied voluntarily by the defendant or by levy and sale of the property.
Referred to Committee on Judiciary.
HB 562. By Representative McDonald of the 12th: A bill to provide for the Department of Labor a supplemental appropriation.
Referred to Committee on Appropriations.
HB 563. By Representatives Dover of the llth, Kilgore of the 42nd, Watson of the 114th and others: A bill to amend Code Section 48-13-51 of the Official Code of Georgia Annotated, relating to the levy by counties and municipalities of an excise tax on charges to the public on rooms, lodgings, or accommodations, so as to increase the maxi mum rate of such taxes so long as a certain portion of the total taxes are used for certain purposes; to change the limitation on the maximum aggregate amount of taxes which under certain conditions may be levied.
Referred to Committee on Banking and Finance.
HB 663. By Representative Robinson of the 96th: A bill to amend Chapter 5 of Title 10 of the Official Code of Georgia Annotated, relating to securities, so as to provide for the applicability of certain securities laws to criminal or civil proceedings.
Referred to Committee on Judiciary.
HB 677. By Representative Johnson of the 72nd: A bill to amend Code Section 47-16-21 of the Official Code of Georgia Annotated, relating to the membership of the Board of Commissioners of the Sheriffs' Re-

MONDAY, FEBRUARY 23, 1987

967

tirement Fund of Georgia, so as to change the term of the retired member of the board.
Referred to Committee on Retirement.
HB 686. By Representative Cox of the 141st:
A bill to amend Code Section 25-4-2 of the Official Code of Georgia Annotated, relating to definitions under the "Georgia Firefighter Standards and Training Act", so as to change the definition of the term "firefighter" to include public safety officers for purposes of firefighter training.
Referred to Committee on Public Safety.
HB 698. By Representatives Sinkfield of the 37th, Greer of the 39th, Holmes of the 28th and Benn of the 38th:
A bill to amend Code Section 48-5-147 of the Official Code of Georgia Annotated, relating to the use of a lock box system in connection with tax payments to local governing authorities, so as to authorize tax officials to enter into contracts for a lock box system on behalf of local governments under certain circumstances.
Referred to Committee on Urban and County Affairs (General).
HB 722. By Representative Buck of the 95th:
A bill to amend Code Section 47-17-1 of the Official Code of Georgia Annotated, relating to definitions under the Peace Officers' Annuity and Benefit Fund, so as to change certain definitions.
Referred to Committee on Retirement.
HB 743. By Representatives Watson of the 114th and Robinson of the 58th:
A bill to amend Code Section 46-1-1 of the Official Code of Georgia Annotated, relating to definitions concerning public utilities and public transportation, so as to change certain provisions relating to the definition of the term "motor com mon carrier and motor contract carrier".
Referred to Committee on Consumer Affairs.
HB 768. By Representative Ramsey of the 3rd:
A bill to amend Article 3 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to escape and other offenses related to confinement, so as to redefine the offense of felony-bail jumping; to redefine the offense of misde meanor-bail jumping; to delete certain requirements relating to mailing of notices.
Referred to Committee on Judiciary.
HB 807. By Representatives Buck of the 95th, Connell of the 87th and Stancil of the 66th:
A bill to amend Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to scholarships, loans, and grants, so as to authorize the cor poration to guarantee service cancelable loans made to certain students even if such loans do not meet all requirements of the federal act; to repeal Code Section 20-3-278, relating to reports as to loan commitment agreements, statements to borrowers, administration fees, and reports of agreement terminations.
Referred to Committee on Higher Education.

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HB 828. By Representative Mobley of the 64th: A bill to amend an Act creating a new charter for the City of Winder, so as to provide for the corporate powers of that city and the designation of the gov erning body thereof.
Referred to Committee on Urban and County Affairs.
HB 863. By Representative Hudson of the 117th: A bill to amend an Act providing for a new charter of the City of Cochran, so as to change the provisions relating to the powers of the governing authority of the City of Cochran.
Referred to Committee on Urban and County Affairs.
HB 879. By Representatives Triplet! of the 128th, Hamilton of the 124th, Pannell of the 122nd 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 consolidation of the boards of tax assessors of Chatham County and the City of Savannah and to the appointment of a chief tax assessor to perform the duties of tax receiving in Chatham County.
Referred to Committee on Urban and County Affairs.
HB 880. By Representatives Lane of the lllth and Godbee of the 110th: A bill to create a new charter for the City of Statesboro; to provide for the corpo rate limits of said city.
Referred to Committee on Urban and County Affairs.
HB 881. By Representatives Hensley of the 20th, Thompson of the 20th, Isakson of the 21st and others: A bill to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the provisions relating to the compensation of the deputy clerk of the superior court.
Referred to Committee on Urban and County Affairs.
HB 884. By Representatives Godbee of the 110th and Lane of the lllth:
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 885. By Representatives Godbee of the 110th and Lane of the lllth: 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.
Referred to Committee on Urban and County Affairs.
HB 886. By Representative Godbee of the 110th and Lane of the lllth: 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.

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969

HB 887. By Representatives Godbee of the 110th and Lane of the lllth:
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 892. By Representatives Beck of the 148th, Reaves of the 147th and Patten of the 149th:
A bill to amend an Act providing a new charter for the City of Valdosta, so as to redefine the corporate limits of the City of Valdosta.
Referred to Committee on Urban and County Affairs.

HB 893. By Representatives Beck of the 148th, Reaves of the 147th and Patten of the 149th:
A bill to establish the Valdosta-Lowndes County Airport Authority.
Referred to Committee on Urban and County Affairs.

HB 894. By Representative Crawford of the 5th:
A bill to amend an Act creating the State Court of Chattooga County, so as to change the provisions relating to the compensation of the judge and solicitor of said court.
Referred to Committee on Urban and County Affairs.

HB 914. By Representative Ricketson of the 82nd:
A bill to amend an Act relating to the board of commissioners of Taliaferro County, so as to authorize the board of commissioners of Taliaferro County to provide that the chairman of the board of commissioners may also serve as the road superintendent of Taliaferro County.
Referred to Committee on Urban and County Affairs.

The following reports of standing committees were read by the Secretary:

Mr. President:

The Committee on 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 454. Do pass. HB 498. Do pass.
Mr. President:

HB 501. Do pass. HB 625. Do pass. Respectfully submitted, Senator Barker of the 18th District, Chairman

The Committee on Defense and Veterans Affairs has had under consideration the fol lowing bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 359. Do pass.
Respectfully submitted,
Senator Bryant of the 3rd District, Chairman

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Mr. President:
The Committee on Natural Resources has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 136. Do pass by substitute. Respectfully submitted, Senator Gillis of the 20th District, Chairman
Mr. President:
The Committee on Public Utilities has had under consideration the following resolution of the Senate and has instructed me to report the same back to the Senate with the follow ing recommendation:
SR 157. Do pass. Respectfully submitted, Senator Brown of the 47th District, Chairman
The following communication from Senator Timmons of the llth, Chairman of the Sen ate Retirement Committee, was received and read by the Secretary:
The State Senate Atlanta, Georgia 30334
February 18, 1987 Hamilton McWhorter, Jr. Secretary of the Senate 353 State Capitol Atlanta, GA 30334 Dear Hamilton:
Due to my necessary absence from the City on February 19th, I will be unable to pre side at the Senate Retirement Committee meeting at 3:30 p.m. February 19th.
In my absence, I designate Senator Horace Tate of the 38th, Vice Chairman, to preside and consider any legislation before the Committee which is legally permissible to act upon.
Sincerely, /s/ J.H. Timmons, Chairman
Senate Retirement Committee
The following reports of standing committees were read by the Secretary:
Mr. President:
The Committee on Retirement has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 322. Do not pass. Respectfully submitted, Senator Tate of the 38th District, Vice Chairman

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971

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 72. Do pass as amended.
Respectfully submitted,
Senator Coleman of the 1st District, Chairman

Mr. President:

The Committee on Urban and County Affairs has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 80. Do pass. HB 561. Do pass. HB 616. 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 333. SB 350. SB 353. SB 356. HB 529. HB 721. HB 766. HB 779. HB 780.

Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass.

HB 781. HB 782. HB 783. HB 784. HB 801. HB 813. HB 819. HB 820. HB 834.

Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass.

Respectfully submitted,

Senator Turner of the 8th District, Chairman

The following bills and resolutions of the Senate and House were read the second time:

SB 16. By Senator Kidd of the 25th:
A bill to amend Article 1 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions applicable to landlords and tenants, so as to prohibit owners of multiple-unit and other residential dwellings from inter fering with the provision of cable television service to residents of the dwellings; to provide protections for the owners of such dwellings.

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SB 158. By Senator Brannon of the 51st:
A bill to amend Code Section 9-13-161 of the Official Code of Georgia Annotated, relating to where and when sales under execution are held, so as to change the provisions relating to time of sales.
SB 175. By Senator Allgood of the 22nd:
A bill to amend Title 8 of the Official Code of Georgia Annotated, relating to buildings and housing, so as to prohibit construction activity on property which contains an abandoned landfill; to provide for exceptions; to provide for a short title; to provide definitions; to require deeds to property previously used as a landfill to so indicate.
SB 218. By Senators Dawkins of the 45th, Garner of the 30th, Foster of the 50th and others:
A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance rates and rate making, so as to provide that on and after July 1, 1987, no insurer shall charge or collect for any policy of insurance to which Chapter 9 of Title 33 applies any rate which exceeds its ex isting rate filed with the Commissioner by 10 percent or a higher percentage un less such rate has been approved by the Commissioner.
SB 292. By Senators Kennedy of the 4th, Barnes of the 33rd, Kidd of the 25th and Coleman of the 1st:
A bill to amend Chapter 33 of Title 43 of the Official Code of Georgia Annotated, known as the "Georgia Physical Therapy Act," so as to change the authority of the State Board of Physical Therapy to refuse to grant or restore a license to an applicant or to discipline a physical therapist assistant; to provide for a code of ethics and standards of practice.
SB 305. By Senator Kidd of the 25th:
A bill to amend Code Section 15-9-63 of the Official Code of Georgia Annotated, relating to minimum salaries for judges of the probate courts, so as to change the provisions relating to minimum salaries for judges of the probate courts; to pro vide an effective date.
SB 306. By Senators Stumbaugh of the 55th, Deal of the 49th, Shumake of the 39th and others:
A bill to amend Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Insurance Code," so as to provide for the establishment and regulation of risk retention groups and purchasing groups; to provide for legislative purpose; to provide definitions; to provide requirements which must be met by a risk re tention group prior to the offering of insurance in this state.
SB 312. By Senator Dawkins of the 45th:
A bill to amend Code Section 34-9-360 of the Official Code of Georgia Annotated, relating to the terms and conditions for reimbursement from the Subsequent In jury Trust Fund, so as to provide for reimbursement of only those indemnity, medical, or rehabilitation expenses which an employer or insurer was legally obli gated to pay to an employee or claimant; to provide for standards for the rate of reimbursement.
SB 318. By Senators Burton of the 5th, Albert of the 23rd and Phillips of the 9th:
A bill to amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to create the Advisory Commission on Programs for

MONDAY, FEBRUARY 23, 1987

973

the Blind; to provide for membership and terms; to provide qualifications; to provide for compensation and expenses; to provide duties and responsibilities; to provide for recommendations and reports; to provide a termination date.
SB 344. 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 generally, so as to change the provisions relating to commemoration of the founding of Savannah State College and the issuance and expiration of special license plates connected therewith.
SB 345. By Senators Mine of the 52nd, Garner of the 30th, Howard of the 42nd and others:
A bill to amend Chapter 7 of Title 28 of the Official Code of Georgia Annotated, relating to lobbying and registered agents, so as to prohibit registered agents from using the name of the person or the name of any member of the firm, cor poration, association, or organization whom such registered agent represents in any written correspondence to any member of the General Assembly without cer tain express, written authorization.
SR 147. By Senators Tysinger of the 41st, Scott of the 2nd, Brown of the 47th and others:
A resolution creating the Capitol Hill Master Plan Commission to prepare a de velopment plan for state-owned property in the Capitol Hill area and to plan for the future needs of state government.
HB 6. By Representative Childers of the 15th:
A bill to amend Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to game and fish licenses, permits, and stamps, so as to provide that the commissioner of natural resources shall designate certain days as free fishing days during which residents may fish without obtaining a fishing license.
HB 9. By Representative Lane of the 27th:
A bill to amend Chapter 31 of Title 31 of the Official Code of Georgia Annotated, relating to boxing match licenses, so as to change the provisions relating to the State Boxing Commission and the regulation of professional boxing matches and to create the State Professional Sports Commission to regulate professional sports events.
HB 43. By Representatives Steinberg of the 46th, Lee of the 72nd, Walker of the 115th, Smyre of the 92nd, Robinson of the 58th and others:
A bill to amend Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to criminal offenses involving invasion of privacy, so as to provide that it shall be a criminal offense to use or allow use of certain automatic telephone dialing and announcing equipment for purposes of soliciting sales and certain other commercial purposes.
HB 76. By Representative Alien of the 127th:
A bill to amend Code Section 15-10-2 of the Official Code of Georgia Annotated, relating to the jurisdiction of magistrate courts, so as to give magistrate courts jurisdiction over certain criminal offenses involving possession of marijuana and involving the writing of bad checks.

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HB 108. By Representatives Johnson of the 72nd, Lee of the 72nd, Benefield of the 72nd and others:
A bill to amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salepersons, so as to change certain continuing education requirements; to change the requirements relative to nonresident li censes; to change certain requirements relative to granting a broker's, associate broker's, or salesperson's license tq a corporation or partnership.
HB 159. By Representatives Jackson of the 9th, Crosby of the 150th and Barnett of the 10th:
A bill to amend Article 2 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title for motor vehicles, so as to require in surance companies to obtain a certificate of title for certain vehicles; to require certain individuals who cannot obtain certificates of title on salvaged and rebuilt motor vehicles to obtain certificates of title bond.
HB 234. By Representative Bray of the 91st:
A bill to amend Chapter 5 of Title 19 of the Official Code of Georgia Annotated, relating to divorce, so as to provide that in uncontested divorce cases an eviden tiary hearing for the determination of the existence of the grounds for divorce and for the determination of issues of alimony, child support, and child custody and other issues is authorized but not required.
HB 239. By Representatives Rainey of the 135th and Adams of the 36th:
A bill to amend Chapter 7 of Title 52 of the Official Code of Georgia Annotated, known as the "Georgia Boat Safety Act", so as to define a reportable boating accident; to require the numbering of vessels with specific exceptions; to provide that numbers assigned by the state need not be displayed on vessels documented by the United States Coast Guard.
HB 277. By Representative Johnson 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 change the defi nition of accumulated contributions; to change the method of making employee contributions to the retirement system; to provide that employers shall make em ployee contributions on behalf of members.
HB 300. By Representatives Lane of the lllth and Godbee of the 110th:
A bill to amend Chapter 6 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of auctioneers, so as to define certain terms; to change the definition of a certain term; to prohibit any company from engaging in, con ducting, advertising, or holding itself out as engaging in or conducting the busi ness of auctioning without registering with the Georgia Auctioneers Commission.
HB 328. By Representatives Walker of the 115th and Groover of the 99th:
A bill to amend Chapter 4 of Title 46 of the Official Code of Georgia Annotated, relating to distribution, storage, and sale of gas, so as to create the Municipal Gas Authority of Georgia as an institution of purely public charity performing an essential governmental function.
HB 354. By Representative Johnson of the 72nd:
A bill to amend Chapter 20 of Title 47 of the Official Code of Georgia Annotated, known as the "Public Retirement Systems Standards Law", so as to change the

MONDAY, FEBRUARY 23, 1987

975

provisions relating to definitions; to provide for reduction in cost amendments to retirement bills having a fiscal impact.
HB 355. By Representatives Connell of the 87th, Johnson of the 72nd and Buck of the 95th:
A bill to amend Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Firemen's Pension Fund, so as to delete certain provisions relating to eligibility to make application for membership in the fund, provisions which expired on November 1, 1984.
HB 383. By Representative Phillips of the 120th:
A bill to amend Chapter 19 of Title 43 of the Official Code of Georgia Annotated, known as the "Registration of Geologists Act of 1975", so as to change the provi sions relating to the State Board of Registration for Professional Geologists.
HB 452. By Representatives Bargeron of the 108th, Cox of the 141st, Greene of the 130th and Ricketson of the 82nd:
A bill to amend Code Section 45-16-1 of the Official Code of Georgia Annotated, relating to election and qualifications of coroners, so as to provide that a person holding any municipal office is specifically authorized to simultaneously serve as a coroner.
HB 493. By Representatives Randall of the 101st, Bostick of the 138th, Bishop of the 94th and Martin of the 26th:
A bill to amend Chapter 38 of Title 43 of the Official Code of Georgia Annotated, known as the "Georgia Private Detective and Security Agencies Act", so as to change certain provisions relating to the composition of the Georgia Board of Private Detective and Security Agencies.
HB 508. By Representatives Ware of the 77th, Wood of the 9th, Workman of the 51st and others:
A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance rates and rate making, so as to authorize the Commissioner of Insurance to approve property or casualty insurance rates, policies, or contracts prior to their use upon a determination that a lack of com petition or availability exists.
HB 558. By Representative Lane of the 27th:
A bill to amend Code Section 31-31-1 of the Official Code of Georgia Annotated, relating to definitions in connection with boxing match licenses, so as to change the definition of the term "professional boxing match".
HB 606. By Representatives Waldrep of the 80th and Bray of the 91st:
A bill to amend Chapter 10 of Title 36 of the Official Code of Georgia Annotated, relating to county public works contracts, and Chapter 4 of Title 32 of the Offi cial Code of Georgia Annotated, relating to state, county, and municipal road systems, so as to revise provisions relating to bidding of local government con tracts; to change the amount of contracts which must be bid.
HB 655. By Representatives Rainey of the 135th, Waldrep of the 80th, Selman of the 32nd and others:
A bill to amend Code Section 27-3-44 of the Official Code of Georgia Annotated, relating to killing of deer which have no antlers visible, so as to provide it shall

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not be unlawful to hunt "antlerless or either-sex" deer on certain days and in certain counties.
HR 9. By Representatives Walker of the 115th, Murphy of the 18th, Coleman of the 118th, Connell of the 87th, McDonald of the 12th and others: A resolution designating the new lodge and conference center at Little Ocmulgee State Park as the "L.L. (Pete) Phillips Conference Center".
HR 188. By Representative Aaron of the 56th: A resolution designating a certain road in DeKalb County as Flat Shoals Parkway.
The President called for the morning roll call, and the following Senators answered to their names:

Albert Allgood Baldwin Barker Barnes Brannon Broun of 46th Brown of 47th Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Garner Gillis Harris Harrison Hine Howard Hudgins Huggins Kennedy Kidd Land Langford McGill

McKenzie Newbill Olmstead Peevy Perry Phillips Ragan Ray Scott of 36th Shumake Starr Stumbaugh Timmons Tolleson Turner Tysinger Walker

Those not answering were Senators:

Bowen Bryant

Scott of 2nd

Tate

Senator Broun of the 46th introduced the chaplain of the day, Dr. John Appleton, pas tor of the First Baptist Church, Athens, Georgia, who offered scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 159. By Senator Bowen of the 13th:
A resolution congratulating and expressing appreciation to Mr. Mercer Brim Norton, formerly of the Department of Natural Resources, upon his retirement.

SR 160. By Senators Kennedy of the 4th and Bryant of the 3rd: A resolution commending Mr. Charles H. Lindsey.

Senator Kidd of the 25th moved that the following bill of the House be withdrawn from

MONDAY, FEBRUARY 23, 1987

977

the Senate Committee on Urban and County Affairs (General) and committed to the Senate Committee on Governmental Operations:
HB 202. By Representatives Bray of the 91st, Lee of the 72nd, Holmes of the 28th and Moultrie of the 93rd:
A bill to amend Article 3 of Chapter 3 of Title 21 of the Official Code of Georgia Annotated, relating to municipal elections, so as to provide for a uniform munici pal election date; to provide for four-year terms for municipal offices; to author ize the General Assembly to provide for two-year terms and concurrent or stag gered terms for municipal offices by local Acts.
On the motion, the yeas were 30, nays 0; the motion prevailed, and HB 202 was with drawn from the Senate Committee on Urban and County Affairs (General) and committed to the Senate Committee on Governmental Operations.
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 20, 1987
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 registered in the Docket of Legislative Appearance for the 1987 Regular Session the week of February 16, 1987, as of 3:00 p.m. this date. The list is numbered 678 through 700.
Please note the list reflects the following additions for persons already registered: #80, Bobby Rowan--Executive Town & Country Limousine Service; #277, Ruth Clairborne-- Council for Exceptional Children; #374, Bob Short--Equicor; #307, Cheatham Hodges, Jr.--Physical Therapy Association of Georgia; #305, John A. Blackmon--DutyFree Shop pers, Inc.; and #323, William B. Wood--DutyFree Shoppers, Inc.
With best wishes, I am
Most sincerely,
/s/ Max Cleland
Attachments:
Received by:
/a/ Hamilton McWhorter, Jr. STATE OF GEORGIA
OFFICE OF SECRETARY OF STATE
I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that the attached list contains the names and addresses of those persons, numbered 678 through 700, who have registered in the Docket of Legislative Appearance as of February 20, 1987, 3:00 p.m. in accordance with Georgia Laws 1970, pp. 695 as the same appears on file and record in this office.

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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 20th day of February, in the year of our Lord One Thousand Nine Hundred and Eighty-Seven and of the Independence of the United States of America the Two Hundredth and eleventh.

(SEAL)

M Max Cleland Secretary of State

678. Charlotte Gattis Georgia Manufactured Housing Association 1000 Circle 75 Parkway Suite 060 Atlanta, Georgia 30339 404/955-4522
679. Lansing B. Lee, III REGISTERED AGENT Lokey & Bowden, Attorneys The Travelers Companies Suite 2500 Tower Place Atlanta, Georgia 30026 404/266-2275
680. E. Culver "Rusty" Kidd REGISTERED AGENT Kidd & Associates Middle Georgia Management Services Inc. Georgia Special Olympics Medical Association of Georgia MAG Mutual Georgia Liability Crisis Coalition GAMPAC Post Office Box 77102 Atlanta, Georgia 30357 404/876-7535
681. Walter W. Chapman, Jr. West Georgia Pepperell Post Office Box 71 West Point, Georgia 31833 404/645-4190
682. Kenneth David Austin NAACP 2063 Williamette Way Decatur, Georgia 30032 404/288-2194
683. Kelvin Austin NAACP 2063 Williamette Way Decatur, Georgia 30032 404/288-2194

684. Gordon D. Giffin Long Aldridge & Norman 134 Peachtree Street Suite 1900 Atlanta, Georgia 30043 404/256-1039
685. Bob L. Izlar Georgia Forestry Association Suite 1020 40 Marietta Street, NW Atlanta, Georgia 30303 404/522-0951
686. James A. Wilkins Marathon Oil Company 539 South Main Findlay, Ohio 45840 419/422-2121
687. Patricia M. Wilson Marathon Oil Company 539 South Main Street Findlay, Ohio 45840 419/422-2121, Ext. 2869
688. T. Rogers Wade REGISTERED AGENT W.M.L. Oglethorpe Providential Security Life Waco Fire & Casualty Lockheed Rockwell T.B.S. Polygraph Association Retirement Service of America W.A.I. Tampa Maid Cross Systems Landspan Gulfstream Sugar Cane Refiners Texas Instruments Allied Signals Phillips Petroleum 100 Galleria Parkway Suite 400 Atlanta, Georgia 30339 404/980-0952

MONDAY, FEBRUARY 23, 1987

979

689. Adelle A. Lowery-Daniels SELF 223 Perimeter Center Parkway Suite 100 Atlanta, Georgia 30346 404/393-9230
690. Zee Bradford REGISTERED AGENT CH2M Hill Turner Associates Coca-Cola U.S.A. 1422 W. Peachtree Street Suite 816 Atlanta, Georgia 30309 404/892-1434
691. John D. Hopkins RJR Nabisco Inc. 2500 Trust Company Tower Atlanta, Georgia 30303 404/572-4886
692. Eugene L. McCord Lee Wan & Associates, Inc. 4321 Memorial Drive Suite P Decatur, Georgia 30032 404/294-4321
693. John Pierce Tucker, Jr. REGISTERED AGENT Georgia Pro-Life Coalition Concerned Christian Citizens Fannin County 1800 Peachtree Road, N.E. Suite 520 Atlanta, Georgia 30309 404/351-0003

694. Meredith C. Brooks American International Companies 270 Carpenter Drive Post Office Box 720594 Atlanta, Georgia 30358 404/256-6800
695. Gary M. Holmes City of Atlanta 68 Mitchell Street, S.W. Atlanta, Georgia 30335 404/659-4567
696. Deborah Sue Burkett 7 Eleven Convenience Stores 1300 Lee Road Orlando, Florida 32810 305/295-3076
697. Ezekiel Roy Lambert Southland Corporation 126 Washington Street Madison, Georgia 30650 404/342-3566
698. Guy E. Wood Georgia Association of Assessing Officials 165 Central Avenue, S.W. Atlanta, Georgia 30335 404/572-2622
699. Carol Lynn Ross Georgia Environmental Project 136 Marietta Street, N.W. Suite 347 Atlanta, Georgia 30303 404/521-3731
700. Charles E. Graves 3 M Company 200 North 5th Avenue Rome, Georgia 30161 404/235-5024

The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR Monday, February 23, 1987
TWENTY-NINTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 333 Brannon, 51st Fannin County Amends Act creating office of Commissioner of Roads and Revenues of

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county; changes provisions relating to election of the chairman and other members of the Board of Commissioners of county; provides terms.
SB 350 Harrison, 37th City of Woodstock Cobb County
Amends Act re-incorporating and re-creating city; provides term of office of mayor; provides that the same person may serve as mayor for a limit of two consecutive terms of office; provides applicability.
SB 353 Ray, 19th Dodge County
Amends Act to make provisions for Magistrate Court of county; changes method of selection of chief magistrate; provides for election of chief magis trate; provides for terms of office; provides for vacancies; provides for chief magistrate in office on July 1, 1987.
SB 356 Brannon, 51st Fannin County
Provides for nonpartisan election of members of Board of Education and the school superintendent of county; provides procedures relative to the nomina tion and qualification of candidates for said board and school superintendent; provides the form of ballots; provides for other matters relative to the forego ing.
HB 529 Kidd, 25th Morgan County
Continues amendment which relates to creation of Morgan County Develop ment Authority.
HB 721 Kidd, 25th Jones County
Amends Act creating new Board of Commissioners for county; provides for an annual publication of the name, department, and salary of each county employee; provides for publication of the name, department, and salary of new employees.
HB 766 Huggins, 53rd Walker County
Amends Act placing coroner of county on an annual salary; changes provi sions relating to compensation of coroner.
HB 779 Engram, 34th Fayette County
Amends Act abolishing fee system of compensation for clerk of Superior Court of county; changes provisions relative to compensation of clerk of said court.
HB 780 Engram, 34th Fayette County
Amends Act relating to Magistrate Court of county; provides that the magis trates of county shall be nominated and elected in the general nonpartisan primary and general nonpartisan election.

MONDAY, FEBRUARY 23, 1987

981

HB 781 Engram, 34th Fayette County Amends Act creating Board of Commissioners of county; provides for an in crease in amount of compensation for the chairman of the Board of Commis sioners of county and members of the Board of Commissioners of county.
HB 782 Engram, 34th Fayette County Amends Act abolishing fee system of compensation for sheriff of county; changes provisions relative to compensation of sheriff.
HB 783 Engram, 34th Fayette County Amends Act abolishing fee system of compensation for judge of Probate Court of county; changes provisions relative to compensation of judge of Pro bate Court.
HB 784 Engram, 34th Fayette County
Amends Act creating office of tax commissioner of county; changes provisions relative to compensation of tax commissioner.
HB 801 Kennedy, 4th City of Reidsville Tattnall County Amends Act creating new charter for city; provides for redistricting of city into two wards.
HB 813 Edge, 28th Coweta 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 Code Section 40-2-20.1 of the O.C.G.A.
HB 819 Edge, 28th Spalding County
Amends Act providing for salary and compensation of chief magistrate of county; changes compensation of chief magistrate.
HB 820 Edge, 28th Spalding County Provides for board of elections for county; defines its powers and duties con cerning primaries and elections.
HB 834 Harris, 27th City of Barnesville Lamar County
Continues amendment creating city of Barnesville and county of Lamar De velopment Authority.
The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to.

982

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 Barnes Bowen Brannon BBrB,rrrooywuannnt oofff 44.6,,7,tt.h,h
Burton Coverdell
Crumbley Dawkins Deal Dean Echols

Edge English Engram Fincher Garner Gillie Harris HHTHTum-ardergisinosn
Huggins Kennedy
Kidd Land Langford McGill McKenzie

Newbill Olmstead Peevy Perry Phillips Ragan ^ |0o,,ccoot.t.tt. ooref, 30,4,,6ntd,h,
*tarr btumbaugh
Tate Tolleson Turner Tysinger Walker

Those not voting were Senators:

Coleman Foster

Howard Shumake

Timmons

On the passage of all the local bills, the yeas were 50, nays 0.

All the bills on the Senate Local Consent Calendar, having received the requisite consti tutional majority, were passed.

SENATE RULES CALENDAR
Monday, February 23, 1987
TWENTY-NINTH LEGISLATIVE DAY
SR 13 University System Laboratory, Equipment, Rehabilitation Technology Study Committee--create (RULES--46th)
SR 75 Georgia Medical Care Foundation Study Committee--create (AMENDMENT) (RULES--25th)
SR 91 Senate Music Industry Committee and Citizens Advisory Council--create (RULES--31st)
SR 92 Land Information System Joint Study Committee--create (AMENDMENT) (RULES--48th)
SR 117 Parents Without Partners Month--designate month of March, 1987 (RULES--18th)
SR 144 Grand Jury Study Committee--create (AMENDMENT) (RULES--22nd)
HR 98 Joint Comprehensive Energy Resources Policy Committee--create (RULES--2nd)
SB 96 Group Day-Care Centers--prohibit Department of Human Resources regulating curriculum (SUBSTITUTE) (HUM R--25th)
SB 113 Torts--qualified immunity, persons, officers of certain nonprofit organizations (SUBSTITUTE) (JUDY--49th)

MONDAY, FEBRUARY 23, 1987

983

SB 278 Fair Business Practices Act--redefine "consumer transactions" (AMEND MENT) (C AFF--43rd)
SB 316 Public School Employees Health Insurance--former employees of community college (ED--22nd)
HB 553 Group Life Insurance--increase maximum coverage for debtors (B&F--15th)
SB 289 Generic Substitution--by pharmacist when no brand designated (HUM R--42nd)
SB 287 Marriage Licenses--if one (1) person state resident, license in any county (C AFF--6th)
HB 619 Bonds--state plan of allocating issuance within state (B&F--14th)
HB 312 Crime Information Center Records--dissemination to private persons, busi nesses, public agencies, others (PUB SAF--30th)
SB 339 Cobb Judicial Circuit--increase judges to seven (7) (JUDY--33rd)
HB 279 Official Code of Georgia Annotated--correct errors, omissions relating to retire ment and pensions (RET--49th)
SB 336 Resource Recovery Development Authorities Law--provisions for sale of form of energy (PUB U--1st)
HB 209 Business Corporations--indemnification of directors, employees (SUBSTITUTE) (JUDY--22nd)
HB 649 Bad Checks--extension of additional credit as present consideration (AMEND MENT) (B&F--15th)
HB 678 Operating Credit Repair Services Organization--provide for offense (B&F--15th)
HB 275 Fulton County Volunteer Legal Services--fees collected (U&CA G--40th)
HB 590 Western Judicial Circuit Superior Court Judges--supplementary compensation (JUDY--46th)
SB 334 Appalachian Judicial Circuit--appointment and election of additional judge (JUDY--51st)
SB 248 Landlord--unlawful to suspend furnishing utilities (SUBSTITUTE) (I&L--52nd)
(Pursuant to SENATE Rule 143, final passage of the bill was suspended.)
Respectfully submitted,
Is/ Nathan Dean Dean of the 31st, Chairman Senate Rules Committee

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 13. 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

984

JOURNAL OF THE SENATE

Barker Barnes Bowen Brannon Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols Edge

English Engram Fincher Garner Gillis Harris Harrison Hudgins Huggins Kennedy Kidd Land Langford McGill McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tolleson Turner Tysinger Walker

Those not voting were Senators:

Foster Hine

Howard Tate

Timmons

On the adoption of the resolution, the yeas were 50, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

SR 75. By Senator Kidd of the 25th: A resolution creating the Georgia Medical Care Foundation Study Committee.

The Senate Rules Committee offered the following amendment: Amend SR 75 by striking from line 22 of page 2 the following: "; and", and inserting in its place a semicolon. By striking the period on line 25 of page 2 and inserting in its place the following: "; and".
By adding between lines 25 and 26 of page 2 the following: "(6) Whether the Georgia Medical Care Foundation shall be authorized to contract with hospitals for the purpose of discharging the credentialing and peer review functions of the hospitals." By striking from line 5 of page 3 the following: "December 31", and inserting in its place the following: "December 15".

Senator Kidd of the 25th moved that SR 75 be committed to the Senate Committee on Rules.

MONDAY, FEBRUARY 23, 1987

985

On the motion, the yeas were 35, nays 0; the motion prevailed, and SR 75 was commit ted to the Senate Committee on Rules.

SR 91. By Senators Dean of the 31st, Tolleson of the 32nd, Albert of the 23rd and others:
A resolution creating the Senate Music Industry Committee, an interim study committee, and a citizens' advisory council thereto.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols

Edge English Engram Fincher Foster Garner Gillis Harris Harrison Hudgins Huggins Kennedy Kidd Land Langford McGill McKenzie

Newbill Olmstead Peevy Perry Phillips Ragan Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Tolleson Turner Tysinger Walker

Those not voting were Senators:

Hine

Howard

Timmons

On the adoption of the resolution, the yeas were 52, nays 0.

SR 92. By Senators Peevy of the 48th, Broun of the 46th and Holloway of the 12th: A resolution creating the Land Information System Joint Study Committee.

The Senate Committee on Rules offered the following amendment: Amend SR 92 by striking from line 7 of page 3 the following: "December 31", and inserting in its place the following: "December 15".

On the adoption of the amendment, the yeas were 34, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to.

986

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 Bowen

n

f

Broun of

Burton Coverdell Crumbley Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Garner Gillis
Harris Rarrison Hine Hudgins Huggms Kennedy Kidd Land Langford McGill McKenzie

Newbill Olmstead Peevy Perry Phillips Ragan
Rav Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Tolleson Turner Tysinger Walker

Those not voting were Senators:

Coleman

Howard

Timmons

On the adoption of the resolution, the yeas were 52, nays 0.

The resolution, having received the requisite constitutional majority, was adopted as amended.

SR 117. By Senator Barker of the 18th:
A resolution designating the month of March, 1987, as "Parents Without Part ners Month".

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Broun of 46th Brown of 47th Bryant Burton Coverdell Crumbley Dawkins Deal

Dean Echols Edge English Engram Fincher Foster Garner Gillis Harrison Hine Hudgins Huggins Kennedy

Kidd Land Langford McGill McKenzie Newbill Peevy Perry Phillips Ragan Ray Scott of 2nd Scott of 36th Shumake

MONDAY, FEBRUARY 23, 1987

987

Starr Stumbaugh Tate

Timmons Tolleson Turner

Tysinger Walker

Those not voting were Senators:

Brannon Coleman

Harris Howard

Olmstead

On the adoption of the resolution, the yeas were 50, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

SR 144. By Senators Allgood of the 22nd, Deal of the 49th and Peevy of the 48th: A resolution creating the Grand Jury Study Committee.

The Senate Committee on Rules offered the following amendment: Amend SR 144 by striking on line 27 of page 2 the following: "December 1", and inserting in its place the following "December 15".

On the adoption of the amendment, the yeas were 34, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen Brannon Broun of 46th Brown of 47th Bryant Burton Coverdell Crumbley Dawkins Deal Dean Echols English

Engram Fincher Foster Garner Gillis Harris Harrison Hudgins Huggins Kennedy Kidd Land Langford McGill McKenzie Newbill

Olmstead Peevy Perry Phillips Ray Scott of 2nd Scott of 36th
Starr Stumbaugh Tate Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Barker Coleman

Edge Hine

Howard Ragan

988

JOURNAL OF THE SENATE

On the adoption of the resolution, the yeas were 49, nays 0.
The resolution, having received the requisite constitutional majority, was adopted as amended.
HR 98. By Representatives Robinson of the 58th, Watson of the 114th, Hamilton of the 124th and others:
A resolution creating the Joint Comprehensive Energy Resources Policy Committee.
Senate Sponsor: Senator Scott of the 2nd.
Senator Scott of the 2nd moved that HR 98 be postponed until February 24.
On the motion, the yeas were 34, nays 0; the motion prevailed, and HR 98 was post poned until February 24.
SB 96. By Senator Kidd of the 25th:
A bill to amend Code Section 49-5-12 of the Official Code of Georgia Annotated, relating to licensing and inspection of private and public child welfare agencies and facilities, so as to prohibit the Department of Human Resources from regu lating the curriculum taught in group day-care homes or day-care centers; to re quire persons who operate group day-care homes and day-care centers to post telephone numbers of the nearest or applicable providers of emergency medical, fire, or police services.
The Senate Committee on Human Resources offered the following substitute to SB 96:
A BILL
To be entitled an Act to amend Code Section 49-5-12 of the Official Code of Georgia Annotated, relating to licensing and inspection of private and public child welfare agencies and facilities, so as to provide that the Department of Human Resources shall not be au thorized to regulate the curriculum taught or specify what play and program materials a group day-care home or day-care center shall use; to require persons who operate group daycare homes and day-care centers to post telephone numbers of the nearest or applicable providers of emergency medical, fire, or police services; to provide certain space require ments for group day-care homes and day-care centers; to change certain provisions relating to the refusal of a license to a child welfare agency applicant; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 49-5-12 of the Official Code of Georgia Annotated, relating to licensing and inspection of private and public child welfare agencies and facilities, is amended by adding at the end of subsection (b) three new paragraphs (5), (6), and (7) to read as follows:
"(5) The department shall not be authorized to regulate the curriculum taught or spec ify what play and program materials a group day-care home or day-care center shall use.
(6) Persons who operate group day-care homes and day-care centers shall be required to post in a conspicuous place next to any telephone in a group day-care home or day-care center the telephone numbers of the nearest or applicable providers of emergency medical, police, and fire services.
(7) Group day-care homes and day-care centers shall provide a minimum of 35 square feet of usable space consisting of indoor play areas, rest areas, and dining facilities for each child present in the facility. Group day-care homes and day-care centers will be allowed an exemption from 35 square feet of usable space for two hours per child in a 24 hour period.

MONDAY, FEBRUARY 23, 1987

989

The square footage during this two hours shall not be below 25 square feet of usable space consisting of indoor play areas, rest areas, and dining facilities for each child present in the facility. All other regulations for group day-care homes and day-care centers apply during the exemption period."
Section 2. Said Code section is further amended by striking in its entirety paragraph (1) of subsection (e.l) and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) Noncompliance with the Rules and Regulations for Day Care Centers or Group Day Care Homes as adopted by the Board of Human Resources which are designated in writing to the facilities as being related to children's health and safety;".
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bowen Broun of 46th Brown of 47th
BrCCorouy,lvrefteomnrndtaenll Crumbley Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Garner Gmis Harrig
HH,H..,.uianrgergism osn Kennedy Kidd Langford McGill McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan Ray gcott of 36th
SSS,o-,^4htt.uaurmmr buaakueghu Tate Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Barnes Brannon

Howard Hudgins

Land 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.

SB 278. By Senator Walker of the 43rd:
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 change the definition of the term "consumer transactions"; to declare that certain acts in connection with the purchase of property used as a dwelling place shall be unfair or deceptive practices.

990

JOURNAL OF THE SENATE

The Senate Committee on Consumer Affairs offered the following amendment to SB 278:
By deleting on page 2, line 6, the word, "swelling" and inserting in lieu thereof the word, "dwelling".

On the adoption of the amendment, the yeas were 35, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Bowen Brannon Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols

Edge English Engram Foster Gillis Harris Harrison Hine Howard Huggins Kennedy Kidd Land Langford McGill McKenzie

Newbill Olmstead Perry Phillips Ragan Ray Scott of 2nd Scott of 36th Shumake Starr Tate Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Barker Barnes Fincher

Garner Hudgins

Peevy Stumbaugh

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

SB 316. By Senators Allgood of the 22nd, Kennedy of the 4th, Gillis of the 20th and others:
A bill to amend Code Section 20-2-915 of the Official Code of Georgia Annotated, relating to coverage for retiring public school employees and their dependents under the public school employees health insurance plan, so as to authorize cov erage under said health insurance plan for retired former public school employ ees and retired former employees of a community college operated and funded by a local school system and their spouses and dependent children.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

MONDAY, FEBRUARY 23, 1987

991

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Bowen Brannon Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell Crumbley Dawkins Dean Echols Edge English

Engram Fincher Foster Gillis Harris Harrison Hine Howard Huggins Kennedy Kidd Land Langford McGill McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Tolleson Turner Tysinger Walker

Those not voting were Senators:

Barker Barnes

Deal Garner

Hudgins Timmons

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 553. By Representatives Aiken of the 21st and Padgett of the 86th:
A bill to amend Code Section 33-27-1 of the Official Code of Georgia Annotated, relating to group life insurance requirements generally, so as to increase the max imum coverage for debtors.
Senate Sponsor: Senator Hudgins of the 15th.

Senator Perry of the 7th offered the following amendment:
Amend HB 553 by inserting in the title after the word and semicolon "debtors;" on line 4 of page 1 the following:
"to provide that insurers shall not be required to write group life insurance under cer tain conditions;".
By adding on line 17 of page 1 after the word and period "less." the following:
"Insurers may, but shall not be required to, write insurance on the life of any debtor who has cancer, heart disease, or the disease known as Acquired Immunodeficiency Syndrome."

On the adoption of the amendment, the yeas were 2, nays 38, 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:

992

JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Bowen Brannon Broun of 46th Brown of 47th
fBC/ouylretfomntan
Coverdell Crumbley
Dawkins Deal Dean Echols Edge English

Engram Fincher Foster Garner Gillis Harris Harrison
"HHoulnwdegairnd,s
Huggins Kennedy
Kidd Land Langford McGill McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan j^av Scott rf 2nd
SS,,,hcoutmt aok.fe36th
btarr , btumbaugh
Tate Timmons Tolleson Turner Tysinger Walker

Voting in the negative was Senator Albert.

Not voting was Senator Barnes.

On the passage of the bill, the yeas were 53, nays 1.

The bill, having received the requisite constitutional majority, was passed.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following bill of the House:

HB 613. By Representative Groover of the 99th:
A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, the "Georgia Motor Vehicle Accident Reparations Act", so as to provide for the reduction of certain benefits paid under group health insurance plans which are supported wholly or partially by state or local tax revenues for medical benefits when the same benefits are also paid by motor vehicle insurance policies.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

SB 118. By Senators Coleman of the 1st, Huggins of the 53rd and Bryant of the 3rd:
A bill to amend Code Section 32-3-1 of the Official Code of Georgia Annotated, relating to the acquisition of property or an interest therein for public road and other transportation purposes, so as to define when property or an interest therein may be acquired for future public road purposes; to provide an effective date.

The House substitute to SB 118 was as follows:

A BILL To be entitled an Act to amend Code Section 32-3-1 of the Official Code of Georgia

MONDAY, FEBRUARY 23, 1987

993

Annotated, relating to the acquisition of property or an interest therein for public road and other transportation purposes, so as to define when property or an interest therein may be acquired for future public road purposes; to provide for expenses and fees in connection with the acquisition of property by eminent domain; 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 32-3-1 of the Official Code of Georgia Annotated, relating to the acquisition of property or an interest therein for public road and other transportation pur poses, is amended by striking subsection (c) thereof which reads as follows:
"(c) Property or interests shall not be acquired for 'future public road purposes,' as that term is used in this Code section, unless:
(1) Construction will be commenced on the property to be acquired within a period of not less than two years nor more than ten years following the end of the fiscal year in which the secretary of transportation of the United States approves an advance of all the neces sary funds to the department for the acquisition of rights of way for such construction under authority of Title 23, Section 108, United States Code, as amended; and
(2) The intended acquisition is part of a specific plan of highway development, and the acquisition will assist in accomplishing one or more of the following:
(A) A substantial monetary savings;
(B) The enhancement of the integration of highways with public or private urban rede velopment; or
(C) The forestalling of the physical or functional obsolescence of highways.",
and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) Property or an interest therein may be acquired for 'future public road purposes,' as that term is used in this Code section, when the intended acquisition is part of a specific plan of highway development and will assist in accomplishing one or more of the following:
(1) A substantial monetary savings;
(2) The enhancement of the integration of highways with public or private urban redevelopment;
(3) The forestalling of the physical or functional obsolescence of highways; or
(4) Alleviate a hardship placed upon a private property owner by knowledge of the impending highway improvement."
Section 2. Said Code section is further amended by adding at the end thereof a new subsection, to be designated subsection (e), to read as follows:
"(e) (1) In any proceeding brought for the acquisition of property by the exercise of the power of eminent domain, the condemnor shall be liable for the reasonable expenses, includ ing attorney's fees, incurred by the condemnee in determining just and adequate compensa tion if the award of compensation to the condemnee in such proceeding exceeds the last firm offer made by the condemnor by 15 percent or greater. The amount of such expenses shall be decided by the judge or presiding officer or officers in such proceeding and shall be a separate entry upon the award made to the condemnee. The award of such expenses shall be filed and recorded in the manner in which the award is so filed. The amount included for attorney's fees shall not exceed 25 percent of the difference in the award and the last firm offer made by the condemnor.
(2) Upon the appeal of an award of compensation, other than for expenses, by a con demnor under Chapter 2 of Title 22, such condemnor shall be liable for the reasonable ex penses, including attorney's fees, incurred by the condemnee in the superior court. Such expenses shall be decided by the judge and shall be a separate entry upon the final judg ment of the court.

994

JOURNAL OF THE SENATE

(3) If an award of compensation, other than for expenses, is appealed by a condemnee under Chapter 2 of Title 22, the reasonable expenses, including attorney's fees, incurred in the superior court may, in the exercise of the discretion of the judge, be awarded to the condemnee. The amount included for attorney's fees shall not exceed 25 percent of the ex cess of the amount of the verdict over the amount of the award appealed from. The judge shall decide whether such expenses are warranted after a consideration of the following:
(A) The ultimate success of the appeal by the condemnee;
(B) The existence of a legitimate question regarding just and adequate compensation;
(C) The existence of other issues on appeal;
(D) A disparity of greater than 25 percent between the last firm offer by a condemnor and the amount awarded in the proceeding from which the appeal was taken;
(E) A disparity in the proceeding from which the appeal was taken between the amount awarded to the condemnee compared with similar awards;
(F) Other circumstances which serve to indicate that an appeal was not frivolous or for the purpose of harassment or delay; and
(G) Any consequential benefits immediately available to the condemnee resulting from the project.
(4) For any case on appeal in the Supreme Court or Court of Appeals in which a judg ment is returned in favor of the condemnee, the appellate court shall award reasonable ex penses, including attorney's fees in connection with the appeal, to the condemnee."
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 Coleman of the 1st moved that the Senate disagree to the House substitute to SB 118.

Senator Deal of the 49th moved that the Senate agree to the House substitute to SB 118.

Senator Allgood of the 22nd moved that the Senate agree to the House substitute to SB 118 as amended by the following amendment:
Amend the House substitute to SB 118 by adding on page 4, after line 28, a new Section 3 as follows:
"All condemnation proceedings in which the State of Georgia is a party shall be prose cuted, or handled in court, as and when necessary, by the Attorney General of Georgia or a salaried member of the Attorney General's staff."
and by renumbering Section 3 as Section 4.

The President ruled that the motion offered by Senator Allgood of the 22nd takes precedence.

On the motion offered by Senator Allgood of the 22nd, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barnes Dawkins

Deal Langford

Peevy Walker

MONDAY, FEBRUARY 23, 1987

995

Those voting in the negative were Senators:

Albert Baldwin Barker Brannon Broun of 46th Brown of 47th
^BCourylreftomnntan
Coverdell Crumbley Dean Echols Edge English Engram

Fincher Foster Garner Gillis Harris Harrison
SHHouinwdegairnd^s
Huggins Kennedy Kidd Land McGill McKenzie Newbill

Olmstead Perry Phillips Ragan pjay Scott of 2n(J
SS,,,hcoutmt aok,fe36th
tarr , btumbaugh Tate Timmons Tolleson Turner Tysinger

Not voting was Senator Bowen.

On the motion, the yeas were 7, nays 47; the motion was lost, and the Senate did not agree to the House substitute to SB 118 as amended by the Senate.

On the motion offered by Senator Deal of the 49th, the next motion in precedence, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barnes

Dawkins Deal

Langford Peevy

Those voting in the negative were Senators:

Albert Baldwin Barker Brannon Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell Crumbley Dean Echols Edge English Engram

Fincher Foster Garner Gillis Harris Harrison Hine Howard Hudgins Huggins Kennedy Kidd Land McKenzie Newbill Olmstead

Perry Phillips Ragan Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Timmons Tolleson Turner Tysinger Walker

Not voting were Senators Bowen and McGill.

On the motion, the yeas were 6, nays 47; the motion was lost, and the Senate did not agree to the House substitute to SB 118.

996

JOURNAL OF THE SENATE

On the motion offered by Senator Coleman of the 1st, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Bowen Brannon Broun of 46th Brown of 47th
^Bruyrtaonnt CCoovleemrdaenll
Crumbley Dean Echols Edge English Engram

Fincher Foster Garner Gillis Harris Harrison Hine
"Huowdgams HKuengngeindsy
Kidd Land Langford McGill McKenzie Newbill

Olmstead Perry Phillips Ragan Ray Scott of 2nd Scott of 36th
S,, humake S*ttuarmrb, augh,
Tate Timmons Tolleson Turner Tysinger Walker

Those voting in the negative were Senators:

Allgood Barnes

Dawkins Deal

Peevy

On the motion, the yeas were 50, nays 5; the motion prevailed, and the Senate disagreed to the House substitute to SB 118.

Senator Kidd of the 25th moved that the following bill of the Senate, having been passed previously today, be immediately transmitted to the House:

SB 96. By Senator Kidd of the 25th:
A bill to amend Code Section 49-5-12 of the Official Code of Georgia Annotated, relating to licensing and inspection of private and public child welfare agencies and facilities, so as to prohibit the Department of Human Resources from regu lating the curriculum taught in group day-care homes or day-care centers; to re quire persons who operate group day-care homes and day-care centers to post telephone numbers of the nearest or applicable providers of emergency medical, fire, or police services.

On the motion, the yeas were 39, nays 0; the motion prevailed, and SB 96 was immedi ately transmitted to the House.

Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair.

The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:

SB 289. By Senators Howard of the 42nd, Hine of the 52nd, Barnes of the 33rd and others:
A bill to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to change certain definitions relat ing to substituting generic drugs; to eliminate two-line prescription forms; to al-

MONDAY, FEBRUARY 23, 1987

997

low for generic substitution by a licensed pharmacist when the prescriber does not designate "brand necessary" on a prescription form.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker
Barnes Bowen Broun of 46th Brown of 47th
Bryant Burton Coleman Coverdell
Crumbley Dawkins Deal Dean Echols

Edge English Engram Fincher Foster Garner Gillis Harris Harrison Hine Howard Hudgins Huggins Kidd Land McGill McKenzie

Newbill Olmstead Peevy Perry Phillips Ragan Ray Scott of 2nd Starr Stumbaugh Tate Timmons Tolleson Turner Tysinger Walker

Those voting in the negative were Senators:

Brannon Langford

Scott of 36th

Shumake

Not voting was Senator Kennedy (presiding).

On the passage of the bill, the yeas were 50, nays 4.

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 79. By Representatives Alien of the 127th, Triplett of the 128th, Pannell of the 122nd, Mueller of the 126th, Kingston of the 125th and others:
A bill to amend an Act making provisions for the Magistrate Court of Chatham County and abolishing the Municipal Court of Savannah, so as to change certain procedures relative to the appointment of additional magistrates.

Senator Scott of the 2nd moved that the Senate adhere to the Senate substitute to HB 79, 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 79.

Senator Kennedy of the 4th, President Pro Tempore, who was presiding, appointed as a Conference Committee on the part of the Senate the following:

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Senators Coleman of the 1st, Scott of the 2nd and Bryant of the 3rd.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
SB 71. By Senator Brannon of the 51st:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that the names of write-in candidates for whom the notice of intention of candidacy has not been provided in compliance with other provisions of law shall not be counted, tabulated, or certified; to provide an effec tive date.
The House substitute to SB 71 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 in the event there is no opposed candidate in a precinct in a special or general election, no special or general election shall be held unless a write-in candidate has qualified or unless there are issues to be submitted to the electorate; to provide that the names of write-in candidates for whom the notice of intention of candi dacy has not been provided in compliance with other provisions of law shall not be counted, tabulated, or published; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by striking Code Section 21-2-291, relating to procedures regarding unopposed candidates, and inserting in its place a new Code Section 21-2-291 to read as follows:
"21-9-291. Any other provision of law to the contrary notwithstanding, in the event there is no opposed candidate in a precinct in a special or general election, no special or general election shall be held in such precinct unless a write-in candidate has qualified as provided by law or unless there are issues to be submitted to the electorate. Each such unopposed candidate shall be deemed to have voted for himself. Where feasible, the super intendent shall provide notice reasonably calculated to inform the affected electorate that no special or general election is to be conducted. The superintendent shall certify such un opposed candidate as elected in the same manner as he certifies other candidates as elected pursuant to Code Section 21-2-493."
Section 2. Said title is further amended by adding at the end of Code Section 21-2-498, relating to the Constitutional Officers Election Board, a new subsection (c) to read as follows:
"(c) The Constitutional Officers Election Board shall not count, tabulate, or publish the names of any write-in candidates for whom the notice of intention of candidacy has not been provided in compliance with Code Section 21-2-133."
Section 3. Said title is further amended by striking in its entirety Code Section 21-2499, relating to the tabulation of returns by the Secretary of State, and inserting in lieu thereof a new Code Section 21-2-499 to read as follows:
"21-2-499. (a) Upon receiving the certified returns of any election from the various su perintendents, the Secretary of State shall immediately proceed to tabulate, compute, and canvass the votes cast for all candidates described in subparagraph (B) of paragraph (4) of Code Section 21-2-497 and upon all questions voted for by the electors of more than one county and shall thereupon certify and file in his office the tabulation thereof. The Secre tary of State shall also, upon receiving the certified returns for presidential electors, proceed to tabulate, compute, and canvass the votes cast for each slate of presidential electors and shall immediately lay them before the Governor. The Governor shall enumerate and ascer-

MONDAY, FEBRUARY 23, 1987

999

tain the number of votes for each person so voted and shall certify the slates of presidential electors receiving the highest number of votes.
(b) The Secretary of State shall not count, tabulate, or publish the names of any writein candidates for whom the notice of intention of candidacy has not been provided in com pliance with Code Section 21-2-133."
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

Senator Broun of the 46th moved that the Senate agree to the House substitute to SB 71.

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 Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean

Echols Edge English Engram Fincher Foster Garner Gillis Harris Harrison Hine Howard Hudgins Huggins Kidd Land Langford

McGill Newbill Olmstead Peevy Perry Ragan Ray Scott of 2nd Scott of 36th Shumake Stumbaugh Tate Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Kennedy (presiding) McKenzie

Phillips

Starr

On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 71.

The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:

SB 287. By Senator Echols of the 6th:
A bill to amend Code Section 19-3-30 of the Official Code of Georgia Annotated, relating to when, where, and by whom marriage licenses are issued, so as to pro vide that if one of the persons to be married is a resident of this state, the license may be issued in any county of this state.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

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Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bowen Brannon Broun of 46th Brown of 47th
Bryant Burton Coverdell Crumbley Dean Echols English

Engram Gillis Harris Harrison Hine Howard Hudgins Huggins Kidd Land Langford McGill McKenzie Newbill

Olmstead Perry Phillips Ragan Ray Scott of 2nd Scott of 36th Shumake Stumbaugh Timmons Tolleson Turner Tysinger Walker

Those voting in the negative were Senators:

Dawkins Deal

Edge Foster

Peevy Tate

Those not voting were Senators:

Allgood Coleman

Fincher Garner

Kennedy (presiding) Starr

On the passage of the bill, the yeas were 43, nays 6.

The bill, having received the requisite constitutional majority, was passed.

Senator Timmons of the llth gave notice that, at the proper time, he would move to disagree with the committee report which was adverse to the passage of the following bill of the Senate:

SB 322. By Senator Timmons of the llth:
A bill to amend Chapter 9 of Title 47 of the Official Code of Georgia Annotated, known as the "Act Creating the Superior Court Judges Retirement System," so as to change the provisions relating to the board of trustees; to change the num ber of years of creditable service necessary for the vesting of the right to receive benefits.

The following bill of the House was taken up for the purpose of considering the House action thereon:

HB 169. By Representatives Parham of the 105th, Parrish of the 109th, Cooper of the 20th, Atkins of the 21st and Twiggs of the 4th:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change the listing of certain controlled substances and dangerous drugs; to make certain activities illegal and provide penalties therefor.

Senator Gillis of the 20th moved that the Senate insist upon the Senate amendment to HB 169.

MONDAY, FEBRUARY 23, 1987

1001

On the motion, the yeas were 40, nays 0; the motion prevailed, and the Senate insisted upon the Senate amendment to HB 169.

Senator Howard of the 42nd moved that the following bill of the Senate, having been passed previously today, be immediately transmitted to the House:

SB 289. By Senators Howard of the 42nd, Hine of the 52nd, Barnes of the 33rd and others:
A bill to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to change certain definitions relat ing to substituting generic drugs; to eliminate two-line prescription forms; to al low for generic substitution by a licensed pharmacist when the prescriber does not designate "brand necessary" on a prescription form.

On the motion, the yeas were 40, nays 0; the motion prevailed, and SB 289 was immedi ately transmitted to the House.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 619. By Representatives Smyre of the 92nd, Benefield of the 72nd and Lawson of the 9th:
A bill to amend Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to bonds, so as to create and provide for a state plan of allocating the issuance of certain bonds within the state among the governmental units or other authorities authorized to issue bonds.
Senate Sponsor: Senator McKenzie of the 14th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes
Bowen BnBrrroaownunnnoono,ff/ 44_j6r7,t,ithih
Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols

Edge English Engram Fincher Foster
Garner GH,,.H.,,iaallrmins.sson Hine
Howard Hudgins Huggins Kidd Land Langford McGill

McKenzie Newbill Olmstead Peevy Perry
Phillips KRvS., caaogytatnof,. ,,2nd, Scott of 36th
Shumake Stumbaugh Tate Tolleson Turner Tysinger Walker

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JOURNAL OF THE SENATE

Those not voting were Senators:

Kennedy (presiding)

Starr

Timmons

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following bill of the House was read the first time and referred to committee:

HB 613. By Representative Groover of the 99th:
A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, the "Georgia Motor Vehicle Accident Reparations Act", so as to provide for the reduction of certain benefits paid under group health insurance plans which are supported wholly or partially by state or local tax revenues for medical benefits when the same benefits are also paid by motor vehicle insurance policies.
Referred to Committee on Insurance.

The following general bills of the House and Senate, favorably reported by the commit tees, were read the third time and put upon their passage:

HB 312. By Representative Ramsey of the 3rd:
A bill to amend Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center, so as to provide for the dissemination of criminal history records maintained by the center to private persons and businesses, public agencies, political subdivisions, authori ties, and instrumentalities, including state or federal licensing regulatory agencies or their designated representatives.
Senate Sponsor: Senator Garner of the 30th.

Senator Garner of the 30th moved that HB 312 be postponed until February 24.

On the motion, the yeas were 36, nays 1; the motion prevailed, and HB 312 was post poned until February 24.

SB 339. By Senator Barnes of the 33rd:
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 seven the number of judges for the Cobb Judicial Circuit; to provide for the selection and term of such judge; to provide for the compensation, salary, and expense allowance of said judge to be paid by the State of Georgia and the county comprising said circuit.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon

Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell Crumbley

Deal Dean Echols Edge Engram Fincher Foster

MONDAY, FEBRUARY 23, 1987

1003

Gillis Harris Harrison Hine Howard Hudgins Huggins Kidd Land

Langford McGill Newbill Olmstead Peevy Perry Ragan Ray Scott of 2nd

Scott of 36th Shumake Starr Stumbaugh Tate Timmons Tolleson Turner Tysinger

Those not voting were Senators:

Dawkins English Garner

Kennedy (presiding) McKenzie

Phillips Walker

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 279. By Representatives Thomas of the 69th and Chambless of the 133rd:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to correct grammatical, typographical, stylistic, and other errors and omissions in the Official Code of Georgia Annotated, and in Acts of the General Assembly amending Title 47 of the Official Code of Georgia Annotated; to correct capitalization, spelling and punctuation; to correct refer ences to renamed or redesignated persons, retirement or pension systems, courts, or other entities.
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 214 Atlanta, Georgia 30334

STATE AUDITOR'S CERTIFICATION

TO:

The Honorable Charles Thomas

State Representative

FROM:

G.W. Hogan, State Auditor

DATE:

January 13, 1987

SUBJECT: LC 9-4634 HB 279 Retirement and Pensions

This Bill would correct typographical, stylistic, and other errors in the Official Code of Georgia Annotated. The retirement systems affected by this Bill include the Employees' Retirement System, the Teachers' Retirement System, the Joint Municipal Employees Ben efit System, the Legislative Retirement System, the Superior Court Judges' Retirement Fund, and the Trial Judges and Solicitors' Retirement Fund.

This is to certify that this is a non-fiscal bill to the retirement systems.

/s/ G.W. Hogan State Auditor

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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 Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean

Echols Edge English Engram Fincher Foster Gillis Harris Harrison Hine Howard Hudgins Huggins Kidd McGill McKenzie

Newbill Olmstead Peevy Perry Ragan Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Timmons Tolleson Turner Tysinger

Those not voting were Senators:

Garner Kennedy (presiding)

Land Langford

Phillips Walker

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 336. By Senators Coleman of the 1st, Scott of the 2nd and Bryant of the 3rd:
A bill to amend Code Section 36-63-11 of the Official Code of Georgia Annotated, relating to the construction of the "Resource Recovery Development Authorities Law," so as to provide that the sale or disposition of any useful form of energy produced by a project shall not be subject to the provisions of "The Georgia Cogeneration Act of 1979"; to provide an effective date.

Senators Coleman of the 1st and Scott of the 2nd offered the following amendment:

Amend SB 336 as follows:

After the word "project" in line 21, page 1, insert the following:
"financed by revenue bonds issued on or before August 8, 1985, and which is substan tially constructed as of January 1, 1987, which sale or disposition is made in the county wherein the project is located."

On the adoption of the amendment, the yeas were 42, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

MONDAY, FEBRUARY 23, 1987

1005

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean

Echols English Engram Fincher Foster Garner Gillis Harris Harrison Hine Howard Hudgins Huggins Kidd Land Langford McGill

McKenzie Newbill Olmstead Peevy Perry Ragan Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Timmons Tolleson Turner Tysinger

Those not voting were Senators:

Edge Kennedy (presiding)

Phillips

Walker

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

The following 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 724. By Representatives Thompson of the 20th and Robinson of the 58th:
A bill to amend Code Section 48-6-20 of the Official Code of Georgia Annotated, relating to definitions concerning the taxation of intangible personal property, so as to provide a definition to clarify the meaning of domesticated foreign corporations.

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 209. By Representatives Chambless of the 133rd, Smyre of the 92nd, Thomas of the 69th, Robinson of the 96th, Pannell of the 122nd and others:
A bill to amend Chapter 2 of Title 14 of the Official Code of Georgia Annotated, relating to business corporations, so as to change the provisions relating to in demnification of directors, officers, employees, or agents of business corporations; to provide for advancement of certain expenses; to provide for continuation of indemnification and advancement of expenses.
Senate Sponsors: Senators Allgood of the 22nd and Hine of the 52nd.

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The Senate Committee on Judiciary offered the following substitute to HB 209:
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 change the provisions relat ing to indemnification of directors, officers, employees, or agents of certain corporations; to provide for advancement of certain expenses; to provide for continuation of indemnification and advancement of expenses; to change the provisions relating to articles of incorporation and the contents thereof; to provide for the elimination or limitation of personal liability of corporate directors under certain circumstances; to provide for exceptions; to provide for practices and procedures; to amend Part 1 of Article 3 of Chapter 8 of Title 46, relating to the incorporation and organization of railroad companies, so as to change the provisions relating to indemnification of directors, officers, employees, or agents of railroad corpora tions; to provide for the elimination or limitation of personal liability of railroad corporation directors under certain circumstances; to provide for advancement of certain expenses; to provide for continuation of indemnification and advancement of expenses; to provide proce dures; 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 striking in its entirety Code Section 14-2-156, relating to indemnification of corporate officers, directors, employees, and agents, and in serting in its place a new Code Section 14-2-156 to read as follows:
"14-2-156. (a) A corporation shall have the power to indemnify any person who was or is a party or who is threatened to be made a party to any threatened, pending, or completed action, suit, or proceeding, whether civil, criminal, administrative, or investigative (other than an action by or in the right of the corporation), by reason of the fact that he is or was a director, officer, employee, or agent of the corporation or is or was serving at the request of the corporation as a director, officer, employee, or agent of another corporation, partnership, joint venture, trust, or other enterprise, against expenses (including attorneys' fees), judg ments, fines, and amounts paid in settlement actually and reasonably incurred by him in connection with such action, suit, or proceeding, if he acted in a manner he reasonably be lieved to be in or not opposed to the best interests of the corporation and, with respect to any criminal action or proceeding, had no reasonable cause to believe his conduct was un lawful. The termination of any action, suit, or proceeding by judgment, order, settlement, conviction, or upon a plea of nolo contendere or its equivalent shall not, of itself, create a presumption that the person did not act in a manner which he reasonably believed to be in or not opposed to the best interests of the corporation and, with respect to any criminal action or proceeding, had reasonable cause to believe that his conduct was unlawful.
(b) A corporation shall have the power to indemnify any person who was or is a party or who is threatened to be made a party to any threatened, pending, or completed action or suit by, or in the right of, the corporation to procure a judgment in its favor, by reason of the fact he is or was a director, officer, employee, or agent of the corporation or is or was serving at the request of the corporation as a director, employee, or agent of another corpo ration, partnership, joint venture, trust, or other enterprise, against expenses (including at torneys' fees) actually and reasonably incurred by him in connection with the defense or settlement of such action or suit, if he acted in good faith and in a manner he reasonably believed to be in or not opposed to the best interests of the corporation; except that no indemnification shall be made in respect to any claim, issue, or matter as to which such person shall have been adjudged to be liable to the corporation, unless and only to the extent that the court in which such action or suit was brought shall determine upon applica tion that, despite the adjudication of liability but in view of all the circumstances of the case, such person is fairly and reasonably entitled to indemnity for such expenses which the court shall deem proper.
(c) To the extent that a director, officer, employee, or agent of a corporation has been

MONDAY, FEBRUARY 23, 1987

1007

successful, on the merits or otherwise, in defense of any action, suit, or proceeding referred to in subsections (a) and (b) of this Code section or in defense of any claim, issue, or matter therein, he shall be indemnified against expenses (including attorneys' fees) actually and reasonably incurred by him in connection therewith.
(d) Any indemnification under subsections (a) and (b) of this Code section (unless or dered by a court) shall be made by the corporation only as authorized in the specific case, upon a determination that indemnification of the director, officer, employee, or agent is proper in the circumstances because he has met the applicable standard of conduct set forth in subsections (a) and (b). Such determination shall be made:
(1) By the board of directors by a majority vote of a quorum consisting of directors who were not parties to such action, suit, or proceeding;
(2) If such a quorum is not obtainable or, even if obtainable, a quorum of disinterested directors so directs, by independent legal counsel in a written opinion; or
(3) By the affirmative vote of a majority of the shares entitled to vote thereon.
(e) Expenses incurred in defending a civil or criminal action, suit, or proceeding may be paid by the corporation in advance of the final disposition of such action, suit, or proceeding upon receipt of an undertaking by or on behalf of the director, officer, employee, or agent to repay such amount if it shall ultimately be determined that he is not entitled to be indemni fied by the corporation as authorized in this Code section.
(f) The indemnification and advancement of expenses provided by or granted pursuant to this Code section shall not be deemed exclusive of any other rights, in respect to indemni fication or otherwise, to which those seeking indemnification may be entitled under any bylaw, resolution, or agreement, either specifically or in general terms approved by the af firmative vote of the holders of a majority of the shares entitled to vote thereon, taken at a meeting, the notice of which specified that such bylaw, resolution, or agreement would be placed before the shareholders, both as to action by a director, officer, employee, or agent in his official capacity and as to action in another capacity while holding such office or position, except that no such other rights, in respect to indemnification or otherwise, may be pro vided or granted to a director, officer, employee, or agent pursuant to this subsection by a corporation with respect to the liabilities described in divisions (b) (3) (A) (i) through (b) (3) (A) (iv) of Code Section 14-2-171.
(g) A corporation shall have the power to purchase and maintain insurance on behalf of any person who is or was a director, officer, employee, or agent of the corporation or who is or was serving at the request of the corporation as a director, officer, employee, or agent of another corporation, partnership, joint venture, trust, or other enterprise, against any liabil ity asserted against him and incurred by him in any such capacity, or arising out of his status as such, whether or not the corporation would have the power to indemnify him against such liability under this Code section.
(h) If any expenses or other amounts are paid by way of indemnification, otherwise than by court order or action by the shareholders or by an insurance carrier pursuant to insurance maintained by the corporation, the corporation, not later than the next annual meeting of shareholders, unless such meeting is held within three months from the date of such payment, and in any event, within 15 months from the date of such payment, shall send by first-class mail to its shareholders of record at the time entitled to vote for the election of directors a statement specifying the persons paid, the amounts paid, and the nature and status at the time of such payment of the litigation or threatened litigation.
(i) For purposes of this Code section, references to 'the corporation' shall include, in addition to the surviving or new corporation, any merging or consolidating corporation (in cluding any merging or consolidating corporation of a merging or consolidating corporation) absorbed in a merger or consolidation, so that any person who is or was a director, officer, employee, or agent of such merging or consolidating corporation, or who is or was serving at the request of such merging or consolidating corporation as a director, officer, employee, or agent of another corporation, partnership, joint venture, trust, or other enterprise, shall

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JOURNAL OF THE SENATE

stand in the same position under this Code section with respect to the resulting or surviving corporation as he would if he had served the resulting or surviving corporation in the same capacity, provided that no indemnification under subsections (a) and (b) of this Code sec tion permitted by this subsection shall be mandatory under this subsection or any bylaw of the surviving or new corporation without the approval of such indemnification by the board of directors or shareholders of the surviving or new corporation, in the manner provided in paragraphs (1) and (3) of subsection (d) of this Code section.
(j) The indemnification and advancement of expenses provided by or granted pursuant to this Code section shall, unless otherwise provided when authorized or ratified, continue as to a person who has ceased to be a director, officer, employee, or agent and shall inure to the benefit of the heirs, executors, and administrators of such a person."
Section 2. Said title is further amended by striking in its entirety subsection (b) of Code Section 14-2-171, relating to articles of incorporation for business corporations, and in serting in its place a new subsection (b) to read as follows:
"(b) The articles of incorporation may, as a matter of election, also set forth:
(1) Any provision, not inconsistent with law, for the regulation of the internal affairs of the corporation or for the restriction of the transfer of shares;
(2) Any provision which under this chapter is required or permitted to be set forth in the bylaws; any such provision set forth in the articles of incorporation need not be set forth in the bylaws; and
(3) (A) A provision eliminating or limiting the personal liability of a director to the corporation or its shareholders for monetary damages for breach of duty of care or other duty as a director, provided that such provision shall not eliminate or limit the liability of a director:
(i) For any appropriation, in violation of his duties, of any business opportunity of the corporation;
(ii) For acts or omissions not in good faith or which involve intentional misconduct or a knowing violation of law;
(iii) Under Code Section 14-2-154;
or
(iv) For any transaction from which the director derived an improper personal benefit.
(B) No such provision shall eliminate or limit the liability of a director for any act or omission occurring prior to the date when such provision becomes effective."
Section 3. Said title is further amended by striking in its entirety subsection (b) of Code Section 14-3-131, relating to articles of incorporation for nonprofit corporations, and in serting in its place a new subsection (b) to read as follows:
"(b) The articles of incorporation may, as a matter of election, also set forth:
(1) Any provisions, not inconsistent with law, for the regulation of the internal affairs of the corporation, including, without limitation, provisions with respect to the relative rights or interest of the members as among themselves or in the property of the corporation; the manner of termination of membership in the corporation; the rights, upon such termination, of the corporation, the terminated member, and the remaining members; the transferability or nontransferability of membership; and the distribution of assets on dissolution or final liquidation;
(2) If the corporation is to have one or more classes of members, any provision designat ing the class or classes of members and stating the qualifications and rights of the members of each class;
(3) The names of any persons or the designations of any groups of persons who are to be the initial members;

MONDAY, FEBRUARY 23, 1987

1009

(4) A provision to the effect that the corporation shall be subordinate to and subject to the authority of any head or national association, lodge, order, beneficial association, frater nal or beneficial society, foundation, federation, or other nonprofit corporation, society, or ganization, or association;
(5) Any provision which under this chapter is required or permitted to be set forth in the bylaws; any such provision set forth in the articles of incorporation need not be set forth in the bylaws; and
(6) (A) A provision eliminating or limiting the personal liability of a director to the corporation or its members for monetary damages for breach of duty of care or other duty as a director, provided that such provision shall not eliminate or limit the liability of a director:
(i) For any appropriation, in violation of his duties, of any business opportunity of the corporation;
(ii) For acts or omissions not in good faith or which involve intentional misconduct or a knowing violation of law; or
(iii) For any transaction from which the director derived an improper personal benefit.
(B) No such provision shall eliminate or limit the liability of a director for any act or omission occurring prior to the date when such provision becomes effective."
Section 4. Part 1 of Article 3 of Chapter 8 of Title 46, relating to the incorporation and organization of railroad companies, is amended by striking in its entirety Code Section 46-851, relating to the indemnification by a railroad corporation of directors, officers, agents, or employees for certain legal expenses, and inserting in its place a new Code Section 46-8-51 to read as follows:
"46-8-51. (a) A railroad company shall have the power to indemnify any person who was or is a party, or is threatened to be made a party, to any threatened, pending, or completed action or proceeding, whether civil, criminal, administrative, or investigative (other than an action by or in the right of the corporation), by reason of the fact that he is or was a direc tor, officer, employee, or agent of the corporation or is or was serving at the request of the corporation as a director, officer, employee, or agent of another corporation, partnership, joint venture, trust, or other enterprise, against expenses, including attorneys' fees, judg ments, fines, and amounts paid in settlement actually and reasonably incurred by him in connection with such action or proceeding, if he acted in a manner he reasonably believed to be in or not opposed to the best interests of the corporation, and, with respect to any crimi nal action or proceeding, had no reasonable cause to believe his conduct was unlawful. The termination of any action or proceeding by judgment, order, settlement, or conviction, or upon a plea of nolo contendere or its equivalent, shall not of itself create a presumption that the person did not act in a manner which he reasonably believed to be in or not opposed to the best interests of the corporation, and, with respect to any criminal action or proceeding, had reasonable cause to believe that his conduct was unlawful.
(b) A railroad corporation shall have the power to indemnify any person who was or is a party, or is threatened to be made a party, to any threatened, pending, or completed action by, or in the right of, the corporation to procure a judgment in its favor, by reason of the fact that he is or was a director, officer, employee, or agent of the corporation or is or was serving at the request of the corporation as a director, officer, employee, or agent of another corporation, partnership, joint venture, trust, or other enterprise, against expenses, includ ing attorneys' fees, actually and reasonably incurred by him in connection with the defense or settlement of such action, if he acted in good faith and in a manner he reasonably be lieved to be in or not opposed to the best interests of the corporation; except that no indem nification shall be made in respect of any claim, issue, or matter as to which such person has been adjudged to be liable to the corporation, unless and only to the extent that the court in which such action was brought determines upon application that, despite the adjudication of liability but in view of all the circumstances of the case, such person is fairly and reasona bly entitled to indemnity for such expenses as the court deems proper.

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(c) To the extent that a director, officer, employee, or agent of a corporation chartered under this chapter has been successful on the merits or otherwise in defense of any action or proceeding referred to in subsections (a) and (b) of this Code section, or in defense of any claim, issue, or matter therein, he shall be indemnified against expenses (including attor neys' fees) actually and reasonably incurred by him in connection therewith.
(d) Any indemnification under subsections (a) and (b) of this Code section, unless or dered by a court, shall be made by the corporation only as authorized in the specific case upon a determination that indemnification of the director, officer, employee, or agent is proper in the circumstances because he has met the applicable standard of conduct set forth in subsections (a) and (b) of this Code section. Such determination shall be made:
(1) By the board of directors by a majority vote of a quorum consisting of directors who were not parties to such action or proceeding;
(2) If such a quorum is not obtainable, or, even if obtainable, a quorum of disinterested directors so directs, by independent legal counsel in a written opinion; or
(3) By the affirmative vote of a majority of the shares entitled to vote thereon.
(e) Expenses incurred in defending a civil or criminal action or proceeding may be paid by the corporation in advance of the final disposition of such action or proceeding upon receipt of an undertaking by or on behalf of the director, officer, employee, or agent to repay such amount if it is ultimately determined that he is not entitled to be indemnified by the corporation as authorized in this Code section.
(f) The indemnification and advancement of expenses provided by, or granted pursuant to, the other subsections of this Code section shall not be deemed exclusive of any other rights, in respect to indemnification or otherwise, to which those seeking indemnification or advancement of expenses may be entitled under any bylaw, resolution, or agreement, either specifically or in general terms, approved by the affirmative vote of the holders of a majority of the shares entitled to vote thereon, taken at a meeting, the notice of which specified that such bylaw, resolution, or agreement would be placed before the shareholders, both as to action by a director, officer, employee, or agent in his official capacity and as to action in another capacity while holding such office or position, except that no such other right, in respect to indemnification or otherwise, may be provided or granted to a director, employee, officer, or agent by a corporation with respect to liabilities of the types described in paragraphs (1) through (4) of subsection (k) of this Code Section.
(g) A railroad corporation shall have the power to purchase and maintain insurance on behalf of any person who is or was a director, officer, employee, or agent of the corporation, or who is or was serving at the request of the corporation as a director, officer, employee, or agent of another corporation, partnership, joint venture, trust, or other enterprise, against any liability asserted against him and incurred by him in any such capacity, or arising out of his status as such, whether or not the corporation would have the power to indemnify him against such liability under this Code section.
(h) If any expenses or other amounts are paid by way of indemnification other than by court order, by action by the shareholders, or by an insurance carrier pursuant to insurance maintained by the corporation, not later than the next annual meeting of shareholders, un less such meeting is held within three months from the date of such payment, and, in any event, within 15 months from the date of such payment, the corporation shall send by firstclass mail to its shareholders of record at the time entitled to vote for the election of direc tors a statement specifying the person paid, the amounts paid, and the nature and status at the time of such payment of the litigation or threatened litigation.
(i) For purposes of this Code section, references to 'the corporation' shall include, in addition to the surviving or new corporation, any merging or consolidating corporation (in cluding any merging or consolidating corporation of a merging or consolidating corporation) absorbed in a merger or consolidation, so that any person who is or was a director, officer, employee, or agent of such merging or consolidating corporation, or who is or was serving at the request of such merging or consolidating corporation as a director, officer, employee, or

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agent of another corporation, partnership, joint venture, trust, or other enterprise, shall stand in the same position under this Code section with respect to the resulting or surviving corporation as he would if he had served the resulting or surviving corporation in the same capacity, provided that no indemnification under subsections (a) and (b) of this Code sec tion permitted by this subsection shall be mandatory under this subsection or any bylaw of the surviving or new corporation without the approval of such indemnification by the board of directors or shareholders of the surviving or new corporation, in the manner provided in paragraphs (1) and (3) of subsection (d) of this Code section.
(j) The indemnification and advancement of expenses provided by, or granted pursuant to, this Code section shall, unless otherwise provided when authorized or ratified, continue as to a person who has ceased to be a director, officer, employee, or agent and shall inure to the benefit of the heirs, executors, and administrators of such a person.
(k) The charter or articles of incorporation of a railroad corporation may, as a matter of election, also set forth a provision eliminating or limiting the personal liability of a director to the railroad corporation or its shareholders for monetary damages for breach of duty of care or other duty as a director, provided that such provision shall not eliminate or limit the liability of a director:
(1) For any appropriation, in violation of his duties, of any business opportunity of the corporation;
(2) For acts or omissions not in good faith or which involve intentional misconduct or a knowing violation of law;
(3) For the types of liability set forth in Code Section 14-2-154; or
(4) For any transaction from which the director derived an improper personal benefit.
No such provision shall eliminate or limit the liability of a director for any act or omission occurring prior to the date when such provision becomes effective."
Section 5. All laws and parts of laws in conflict with this Act are repealed.
Senators Hine of the 52nd, Deal of the 49th and Allgood of the 22nd offered the follow ing substitute to HB 209:
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 change the standards of care and conduct for certain actions of officers and directors of certain corporations and provide for limitations of liability; to provide that officers and directors of nonprofit corporations shall not be deemed trustees under certain circumstances; to change the provisions relating to indemnification of directors, officers, employees, or agents of certain corporations; to pro vide for advancement of certain expenses; to provide for continuation of indemnification and advancement of expenses; to change the provisions relating to articles of incorporation and the contents thereof; to provide for the elimination or limitation of personal liability of corporate directors under certain circumstances; to provide for exceptions; to provide for practices and procedures; to amend Part 1 of Article 3 of Chapter 8 of Title 46, relating to the incorporation and organization of railroad companies, so as to change the provisions relating to indemnification of directors, officers, employees, or agents of railroad corpora tions; to provide for the elimination or limitation of personal liability of railroad corporation directors under certain circumstances; to provide for advancement of certain expenses; to provide for continuation of indemnification and advancement of expenses; to provide proce dures; 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,

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partnerships, and associations, is amended by inserting immediately following Code Section 14-2-152 a new Code section, to be designated Code Section 14-2-152.1, to read as follows:
"14-2-152.1. (a) (1) A director shall discharge his duties as a director, including his du ties as a member of a committee:
(A) In good faith; and
(B) With the care an ordinarily prudent person in a like position would exercise under similar circumstances.
(2) In discharging his duties, a director is entitled to rely on information, opinions, reports, or statements, including financial statements and other financial data, if prepared or presented by:
(A) One or more officers or employees of the corporation whom the director reasonably believes to be reliable and competent in the matters presented;
(B) Legal counsel, public accountants, investment bankers, or other persons as to mat ters the director reasonably believes are within the person's professional or expert compe tence; or
(C) A committee of the board of directors of which he is not a member if the director reasonably believes the committee merits confidence.
(3) A director is not acting in good faith if he has knowledge concerning the matter in question that makes unwarranted the reliance otherwise permitted by paragraph (2) of this subsection.
(4) A director is not liable for any action taken as a director or any failure to take any action if he performed the duties of his office in compliance with this subsection.
(b) (1) An officer with discretionary authority shall discharge his duties under that authority:
(A) In good faith; and
(B) With the care an ordinarily prudent person in a like position would exercise under similar circumstances.
(2) In discharging his duties, an officer is entitled to rely on information, opinions, re ports, or statements, including financial statements and other financial data, if prepared or presented by:
(A) One or more officers or employees of the corporation whom the officer reasonably believes to be reliable and competent in the matters presented; or
(B) Legal counsel, public accountants, investment bankers, or other persons as to mat ters the officer reasonably believes are within the person's professional or expert competence.
(3) An officer is not acting in good faith if he has knowledge concerning the matter in question that makes unwarranted the reliance otherwise permitted by paragraph (2) of this subsection.
(4) An officer is not liable for any action as an officer or any failure to take any action if he performed the duties of his office in compliance with this subsection.
(c) The general standards of care and conduct for actions of directors or officers of business corporations, which actions occur on or after the date this Code section becomes effective, shall be as provided in this Code section and not as provided in Code Section 14-2152."
Section 2. Said title is further amended by striking in its entirety Code Section 14-2156, relating to indemnification of corporate officers, directors, employees, and agents, and inserting in its place a new Code Section 14-2-156 to read as follows:
"14-2-156. (a) A corporation shall have the power to indemnify any person who was or

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is a party or who is threatened to be made a party to any threatened, pending, or completed action, suit, or proceeding, whether civil, criminal, administrative, or investigative (other than an action by or in the right of the corporation), by reason of the fact that he is or was a director, officer, employee, or agent of the corporation or is or was serving at the request of the corporation as a director, officer, employee, or agent of another corporation, partnership, joint venture, trust, or other enterprise, against expenses (including attorneys' fees), judg ments, fines, and amounts paid in settlement actually and reasonably incurred by him in connection with such action, suit, or proceeding, if he acted in a manner he reasonably be lieved to be in or not opposed to the best interests of the corporation and, with respect to any criminal action or proceeding, had no reasonable cause to believe his conduct was un lawful. The termination of any action, suit, or proceeding by judgment, order, settlement, conviction, or upon a plea of nolo contendere or its equivalent shall not, of itself, create a presumption that the person did not act in a manner which he reasonably believed to be in or not opposed to the best interests of the corporation and, with respect to any criminal action or proceeding, had reasonable cause to believe that his conduct was unlawful.
(b) A corporation shall have the power to indemnify any person who was or is a party or who is threatened to be made a party to any threatened, pending, or completed action or suit by, or in the right of, the corporation to procure a judgment in its favor, by reason of the fact he is or was a director, officer, employee, or agent of the corporation or is or was serving at the request of the corporation as a director, employee, or agent of another corpo ration, partnership, joint venture, trust, or other enterprise, against expenses (including at torneys' fees) actually and reasonably incurred by him in connection with the defense or settlement of such action or suit, if he acted in good faith and in a manner he reasonably believed to be in or not opposed to the best interests of the corporation; except that no indemnification shall be made in respect to any claim, issue, or matter as to which such person shall have been adjudged to be liable to the corporation, unless and only to the extent that the court in which such action or suit was brought shall determine upon applica tion that, despite the adjudication of liability but in view of all the circumstances of the case, such person is fairly and reasonably entitled to indemnity for such expenses which the court shall deem proper.
(c) To the extent that a director, officer, employee, or agent of a corporation has been successful, on the merits or otherwise, in defense of any action, suit, or proceeding referred to in subsections (a) and (b) of this Code section or in defense of any claim, issue, or matter therein, he shall be indemnified against expenses (including attorneys' fees) actually and reasonably incurred by him in connection therewith.
(d) Any indemnification under subsections (a) and (b) of this Code section (unless or dered by a court) shall be made by the corporation only as authorized in the specific case, upon a determination that indemnification of the director, officer, employee, or agent is proper in the circumstances because he has met the applicable standard of conduct set forth in subsections (a) and (b). Such determination shall be made:
(1) By the board of directors by a majority vote of a quorum consisting of directors who were not parties to such action, suit, or proceeding;
(2) If such a quorum is not obtainable or, even if obtainable, a quorum of disinterested directors so directs, by independent legal counsel in a written opinion; or
(3) By the affirmative vote of a majority of the shares entitled to vote thereon.
(e) Expenses incurred in defending a civil or criminal action, suit, or proceeding may be paid by the corporation in advance of the final disposition of such action, suit, or proceeding upon receipt of an undertaking by or on behalf of the director, officer, employee, or agent to repay such amount if it shall ultimately be determined that he is not entitled to be indemni fied by the corporation as authorized in this Code section.
(f) The indemnification and advancement of expenses provided by or granted pursuant to this Code section shall not be deemed exclusive of any other rights, in respect to indemni fication or otherwise, to which those seeking indemnification or advancement of expenses

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may be entitled under any bylaw, resolution, or agreement, either specifically or in general terms approved by the affirmative vote of the holders of a majority of the shares entitled to vote thereon, taken at a meeting, the notice of which specified that such bylaw, resolution, or agreement would be placed before the shareholders, both as to action by a director, of ficer, employee, or agent in his official capacity and as to action in another capacity while holding such office or position, except that no such other rights, in respect to indemnifica tion or otherwise, may be provided or granted to a director, officer, employee, or agent pur suant to this subsection by a corporation with respect to the liabilities described in divisions (b) (3) (A) (i) through (b) (3) (A) (iv) of Code Section 14-2-171.
(g) A corporation shall have the power to purchase and maintain insurance on behalf of any person who is or was a director, officer, employee, or agent of the corporation or who is or was serving at the request of the corporation as a director, officer, employee, or agent of another corporation, partnership, joint venture, trust, or other enterprise, against any liabil ity asserted against him and incurred by him in any such capacity, or arising out of his status as such, whether or not the corporation would have the power to indemnify him against such liability under this Code section.
(h) If any expenses or other amounts are paid by way of indemnification, otherwise than by court order or action by the shareholders or by an insurance carrier pursuant to insurance maintained by the corporation, the corporation, not later than the next annual meeting of shareholders, unless such meeting is held within three months from the date of such payment, and in any event, within 15 months from the date of such payment, shall send in accordance with the manner specified in Code Section 14-2-113 to its shareholders of record at the time entitled to vote for the election of directors a statement specifying the persons paid, the amounts paid, and the nature and status at the time of such payment of the litigation or threatened litigation.
(i) For purposes of this Code section, references to 'the corporation' shall include, in addition to the surviving or new corporation, any merging or consolidating corporation (in cluding any merging or consolidating corporation of a merging or consolidating corporation) absorbed in a merger or consolidation, so that any person who is or was a director, officer, employee, or agent of such merging or consolidating corporation, or who is or was serving at the request of such merging or consolidating corporation as a director, officer, employee, or agent of another corporation, partnership, joint venture, trust, or other enterprise, shall stand in the same position under this Code section with respect to the resulting or surviving corporation as he would if he had served the resulting or surviving corporation in the same capacity, provided that no indemnification under subsections (a) and (b) of this Code sec tion permitted by this subsection shall be mandatory under this subsection or any bylaw of the surviving or new corporation without the approval of such indemnification by the board of directors or shareholders of the surviving or new corporation, in the manner provided in paragraphs (1) and (3) of subsection (d) of this Code section.
(j) The indemnification and advancement of expenses provided by or granted pursuant to this Code section shall, unless otherwise provided when authorized or ratified, continue as to a person who has ceased to be a director, officer, employee, or agent and shall inure to the benefit of the heirs, executors, and administrators of such a person."
Section 3. Said title is further amended by striking in its entirety subsection (b) of Code Section 14-2-171, relating to articles of incorporation for business corporations, and in serting in its place a new subsection (b) to read as follows:
"(b) The articles of incorporation may, as a matter of election, also set forth:
(1) Any provision, not inconsistent with law, for the regulation of the internal affairs of the corporation or for the restriction of the transfer of shares;
(2) Any provision which under this chapter is required or permitted to be set forth in the bylaws; any such provision set forth in the articles of incorporation need not be set forth in the bylaws; and
(3) (A) A provision eliminating or limiting the personal liability of a director to the

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corporation or its shareholders for monetary damages for breach of duty of care or other duty as a director, provided that such provision shall not eliminate or limit the liability of a director:
(i) For any appropriation, in violation of his duties, of any business opportunity of the corporation;
(ii) For acts or omissions not in good faith or which involve intentional misconduct or a knowing violation of law;
(iii) For the types of liability set forth in Code Section 14-2-154; or
(iv) For any transaction from which the director derived an improper personal benefit.
(B) No such provision shall eliminate or limit the liability of a director for any act or omission occurring prior to the date when such provision becomes effective."
Section 4. Said title is further amended by inserting immediately following Code Sec tion 14-3-113 a new Code section, to be designated Code Section 14-3-113.1, to read as follows:
"14-3-113.1 (a) (1) A director shall discharge his duties as a director, including his du ties as a member of a committee:
(A) In good faith; and
(B) With the care an ordinarily prudent person in a like position would exercise under similar circumstances.
(2) In discharging his duties, a director is entitled to rely on information, opinions, reports, or statements, including financial statements and other financial data, if prepared or presented by:
(A) One or more officers or employees of the corporation whom the director reasonably believes to be reliable and competent in the matters presented;
(B) Legal counsel, public accountants, investment bankers, or other persons as to mat ters the director reasonably believes are within the person's professional or expert compe tence; or
(C) A committee of the board of directors of which he is not a member if the director reasonably believes the committee merits confidence.
(3) A director is not acting in good faith if he has knowledge concerning the matter in question that makes unwarranted the reliance otherwise permitted by paragraph (2) of this subsection.
(4) A director is not liable for any action taken as a director or any failure to take any action if he performed the duties of his office in compliance with this subsection.
(b) (1) An officer with discretionary authority shall discharge his duties under that authority:
(A) In good faith; and
(B) With the care an ordinarily prudent person in a like position would exercise under similar circumstances.
(2) In discharging his duties, an officer is entitled to rely on information, opinions, re ports, or statements, including financial statements and other financial data, if prepared or presented by:
(A) One or more officers or employees of the corporation whom the officer reasonably believes to be reliable and competent in the matters presented; or
(B) Legal counsel, public accountants, investment bankers, or other persons as to mat ters the officer reasonably believes are within the person's professional or expert competence.

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(3) An officer is not acting in good faith if he has knowledge concerning the matter in question that makes unwarranted the reliance otherwise permitted by paragraph (2) of this subsection.
(4) An officer is not liable for any action as an officer or any failure to take any action if he performed the duties of his office in compliance with this subsection.
(c) A director or officer shall not be deemed to be a trustee with respect to the corpora tion or with respect to any property held or administered by the corporation, including, without limitation, property that may be subject to restrictions imposed by the donor or transferor of the property.
(d) The general standards of care and conduct for actions of directors or officers of nonprofit corporations, which actions occur on or after the date this Code section becomes effective, shall be as provided in this Code section and not as provided in Code Section 14-3113."
Section 5. Said title is further amended by striking in its entirety subsection (b) of Code Section 14-3-131, relating to articles of incorporation for nonprofit corporations, and in serting in its place a new subsection (b) to read as follows:
"(b) The articles of incorporation may, as a matter of election, also set forth:
(1) Any provisions, not inconsistent with law, for the regulation of the internal affairs of the corporation, including, without limitation, provisions with respect to the relative rights or interest of the members as among themselves or in the property of the corporation; the manner of termination of membership in the corporation; the rights, upon such termination, of the corporation, the terminated member, and the remaining members; the transferability or nontransferability of membership; and the distribution of assets on dissolution or final liquidation;
(2) If the corporation is to have one or more classes of members, any provision designat ing the class or classes of members and stating the qualifications and rights of the members of each class;
(3) The names of any persons or the designations of any groups of persons who are to be the initial members;
(4) A provision to the effect that the corporation shall be subordinate to and subject to the authority of any head or national association, lodge, order, beneficial association, frater nal or beneficial society, foundation, federation, or other nonprofit corporation, society, or ganization, or association;
(5) Any provision which under this chapter is required or permitted to be set forth in the bylaws; any such provision set forth in the articles of incorporation need not be set forth in the bylaws; and
(6) (A) A provision eliminating or limiting the personal liability of a director to the corporation or its members for monetary damages for breach of duty of care or other duty as a director, provided that such provision shall not eliminate or limit the liability of a director:
(i) For any appropriation, in violation of his duties, of any business opportunity of the corporation;
(ii) For acts or omissions not in good faith or which involve intentional misconduct or a knowing violation of law; or
(iii) For any transaction from which the director derived an improper personal benefit.
(B) No such provision shall eliminate or limit the liability of a director for any act or omission occurring prior to the date when such provision becomes effective."
Section 6. Part 1 of Article 3 of Chapter 8 of Title 46, relating to the incorporation and organization of railroad companies, is amended by striking in its entirety Code Section 46-8-

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51, relating to the indemnification by a railroad corporation of directors, officers, agents, or employees for certain legal expenses, and inserting in its place a new Code Section 46-8-51 to read as follows:
"46-8-51. (a) A railroad company shall have the power to indemnify any person who was or is a party, or is threatened to be made a party, to any threatened, pending, or completed action or proceeding, whether civil, criminal, administrative, or investigative (other than an action by or in the right of the corporation), by reason of the fact that he is or was a direc tor, officer, employee, or agent of the corporation or is or was serving at the request of the corporation as a director, officer, employee, or agent of another corporation, partnership, joint venture, trust, or other enterprise, against expenses, including attorneys' fees, judg ments, fines, and amounts paid in settlement actually and reasonably incurred by him in connection with such action or proceeding, if he acted in a manner he reasonably believed to be in or not opposed to the best interests of the corporation, and, with respect to any crimi nal action or proceeding, had no reasonable cause to believe his conduct was unlawful. The termination of any action or proceeding by judgment, order, settlement, or conviction, or upon a plea of nolo contendere or its equivalent, shall not of itself create a presumption that the person did not act in a manner which he reasonably believed to be in or not opposed to the best interests of the corporation, and, with respect to any criminal action or proceeding, had reasonable cause to believe that his conduct was unlawful.
(b) A railroad corporation shall have the power to indemnify any person who was or is a party, or is threatened to be made a party, to any threatened, pending, or completed action by, or in the right of, the corporation to procure a judgment in its favor, by reason of the fact that he is or was a director, officer, employee, or agent of the corporation or is or was serving at the request of the corporation as a director, officer, employee, or agent of another corporation, partnership, joint venture, trust, or other enterprise, against expenses, includ ing attorneys' fees, actually and reasonably incurred by him in connection with the defense or settlement of such action, if he acted in good faith and in a manner he reasonably be lieved to be in or not opposed to the best interests of the corporation; except that no indem nification shall be made in respect of any claim, issue, or matter as to which such person has been adjudged to be liable to the corporation, unless and only to the extent that the court in which such action was brought determines upon application that, despite the adjudication of liability but in view of all the circumstances of the case, such person is fairly and reasona bly entitled to indemnity for such expenses as the court deems proper.
(c) To the extent that a director, officer, employee, or agent of a corporation chartered under this chapter has been successful on the merits or otherwise in defense of any action or proceeding referred to in subsections (a) and (b) of this Code section, or in defense of any claim, issue, or matter therein, he shall be indemnified against expenses, including attor neys' fees, actually and reasonably incurred by him in connection therewith.
(d) Any indemnification under subsections (a) and (b) of this Code section, unless or dered by a court, shall be made by the corporation only as authorized in the specific case upon a determination that indemnification of the director, officer, employee, or agent is proper in the circumstances because he has met the applicable standard of conduct set forth in subsections (a) and (b) of this Code section. Such determination shall be made:
(1) By the board of directors by a majority vote of a quorum consisting of directors who were not parties to such action or proceeding;
(2) If such a quorum is not obtainable, or, even if obtainable, a quorum of disinterested directors so directs, by independent legal counsel in a written opinion; or
(3) By the affirmative vote of a majority of the shares entitled to vote thereon.
(e) Expenses incurred in defending a civil or criminal action or proceeding may be paid by the corporation in advance of the final disposition of such action or proceeding upon receipt of an undertaking by or on behalf of the director, officer, employee, or agent to repay such amount if it is ultimately determined that he is not entitled to be indemnified by the corporation as authorized in this Code section.

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(f) The indemnification and advancement of expenses provided by, or granted pursuant to, the other subsections of this Code section shall not be deemed exclusive of any other rights, in respect to indemnification or otherwise, to which those seeking indemnification or advancement of expenses may be entitled under any bylaw, resolution, or agreement, either specifically or in general terms, approved by the affirmative vote of the holders of a majority of the shares entitled to vote thereon, taken at a meeting, the notice of which specified that such bylaw, resolution, or agreement would be placed before the shareholders, both as to action by a director, officer, employee, or agent in his official capacity and as to action in another capacity while holding such office or position, except that no such other right, in respect to indemnification or otherwise, may be provided or granted to a director, employee, officer, or agent by a corporation with respect to liabilities of the types described in paragraphs (1) through (4) of subsection (k) of this Code Section.
(g) A railroad corporation shall have the power to purchase and maintain insurance on behalf of any person who is or was a director, officer, employee, or agent of the corporation, or who is or was serving at the request of the corporation as a director, officer, employee, or agent of another corporation, partnership, joint venture, trust, or other enterprise, against any liability asserted against him and incurred by him in any such capacity, or arising out of his status as such, whether or not the corporation would have the power to indemnify him against such liability under this Code section.
(h) If any expenses or other amounts are paid by way of indemnification other than by court order, by action by the shareholders, or by an insurance carrier pursuant to insurance maintained by the corporation, not later than the next annual meeting of shareholders, un less such meeting is held within three months from the date of such payment, and, in any event, within 15 months from the date of such payment, the corporation shall send by firstclass mail to its shareholders of record at the time entitled to vote for the election of direc tors a statement specifying the person paid, the amounts paid, and the nature and status at the time of such payment of the litigation or threatened litigation.
(i) For purposes of this Code section, references to 'the corporation' shall include, in addition to the surviving or new corporation, any merging or consolidating corporation (in cluding any merging or consolidating corporation of a merging or consolidating corporation) absorbed in a merger or consolidation, so that any person who is or was a director, officer, employee, or agent of such merging or consolidating corporation, or who is or was serving at the request of such merging or consolidating corporation as a director, officer, employee, or agent of another corporation, partnership, joint venture, trust, or other enterprise, shall stand in the same position under this Code section with respect to the resulting or surviving corporation as he would if he had served the resulting or surviving corporation in the same capacity, provided that no indemnification under subsections (a) and (b) of this Code sec tion permitted by this subsection shall be mandatory under this subsection or any bylaw of the surviving or new corporation without the approval of such indemnification by the board of directors or shareholders of the surviving or new corporation, in the manner provided in paragraphs (1) and (3) of subsection (d) of this Code section.
(j) The indemnification and advancement of expenses provided by, or granted pursuant to, this Code section shall, unless otherwise provided when authorized or ratified, continue as to a person who has ceased to be a director, officer, employee, or agent and shall inure to the benefit of the heirs, executors, and administrators of such a person.
(k) The charter or articles of incorporation of a railroad corporation may, as a matter of election, also set forth a provision eliminating or limiting the personal liability of a director to the railroad corporation or its shareholders for monetary damages for breach of duty of care or other duty as a director, provided that such provision shall not eliminate or limit the liability of a director:
(1) For any appropriation, in violation of his duties, of any business opportunity of the corporation;

MONDAY, FEBRUARY 23, 1987

1019

(2) For acts or omissions not in good faith or which involve intentional misconduct or a knowing violation of law;
(3) For the types of liability set forth in Code Section 14-2-154; or
(4) For any transaction from which the director derived an improper personal benefit.
No such provision shall eliminate or limit the liability of a director for any act or omission occurring prior to the date when such provision becomes effective."
Section 7. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute to HB 209 offered by the Senate Committee on Judi ciary, the yeas were 0, nays 36, and the substitute was lost.

On the adoption of the substitute to HB 209 offered by Senators Hine of the 52nd, Deal of the 49th and Allgood of the 22nd, the yeas were 36, nays 0, and the substitute was adopted.

Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced that, pursuant to Senate Rule 143, consideration of the substitute and the bill will be sus pended and placed on the Senate General Calendar.

HB 649. By Representative Groover of the 99th:
A bill to amend Code Section 16-9-20 of the Official Code of Georgia Annotated, relating to the offense of issuance of bad checks, so as to include a contempora neous extension of additional credit and a written waiver of lien rights as present consideration.
Senate Sponsor: Senator Hudgins of the 15th.

The Senate Committee on Banking and Finance offered the following amendment:

Amend HB 649 by striking lines 3 and 4 on page 1 in their entirety and substituting in lieu thereof the following:

"bad checks, so as to include a contemporaneous agreement for the extension of addi tional credit where additional credit is being denied and a written waiver of lien rights as".
By striking the lines 26 and 27 on page 1 in their entirety and substituting in lieu thereof the following:
"(D) A simultaneous agreement for the extension of additional credit where additional credit is being denied; and".

On the adoption of the amendment, the yeas were 43, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen

Brannon Broun of 46th Brown of 47th Bryant Burton Coleman

Coverdell Crumbley Dawkins Deal Dean Echols

1020

JOURNAL OF THE SENATE

Edge English Engram Fmcher

Huggins Kidd Land Langford

Ray Scott of 2nd Scott of 36th Shumake

GGiallrjnge61r Harris Harrison Hine Howard Hudgins

MMccGKie"nzie Newbi11 Olmstead Peevy Perry Ragan

SSttuarmr baugh Tate Timmons Tolleson Turner Tysinger

Those not voting were Senators:

Kennedy (presiding)

Phillips

Walker

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 678. By Representative Watson of the 114th:
A bill to amend Article 4 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to fraud and related offenses, so as to define credit repair services organization and other terms; to provide for the offense of operating a credit repair services organization.
Senate Sponsor: Senator Hudgins of the 15th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean

Echols Edge Engram Fincher Foster Garner Gillis Harris Harrison
Hine Howard Hudgins Huggins Kidd Land Langford McGill

McKenzie Newbill Olmstead Peevy Perry Ragan Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Timmons Tolleson Turner

Those not voting were Senators:

English Kennedy (presiding)

Phillips Tysinger

Walker

MONDAY, FEBRUARY 23, 1987

1021

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 275. By Representative Colbert of the 23rd:
A bill to amend an Act providing for volunteer legal service agencies in certain counties so as to change certain fees.
Senate Sponsor: Senator Coverdell of the 40th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage 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 Coverdell Crumbley Dawkins Deal Dean Echols

Edge English Engram Fincher Foster Garner Gillis Harris Harrison Hine Hudgins Huggins Kidd Land McGill McKenzie

Newbill Olmstead Peevy Perry Ragan Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Timmons Tolleson Turner Tysinger

Those not voting were Senators:

Barker Howard

Kennedy (presiding) Langford

Phillips Walker

On the passage of the bill, the yeas were 49, 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 724. By Representatives Thompson of the 20th and Robinson of the 58th:
A bill to amend Code Section 48-6-20 of the Official Code of Georgia Annotated, relating to definitions concerning the taxation of intangible personal property, so as to provide a definition to clarify the meaning of domesticated foreign corporations.
Referred to Committee on Banking and Finance.

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JOURNAL OF THE SENATE

The following general bills of the Senate and House, favorably reported by the commit tees, were read the third time and put upon their passage:

HB 590. By Representatives Stephens of the 68th, Thurmond of the 67th, Milford of the 13th and Clark of the 13th:
A bill to amend an Act providing a supplement to the salary of the judges of the superior courts of the Western Judicial Circuit, so as to change the supplemen tary compensation to be paid to each judge of the superior courts of the Western Judicial Circuit.
Senate Sponsor: Senator Broun of the 46th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen BD rannon< xc4.u Brant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols

Edge English Engram Fincher Foster Garner O,-.i.l,,lis Harris Harrison Hine Howard Hudgins Huggins Kidd Land Langford

McGill McKenzie Newbill Olmstead Peevy Perry nKTM agan Scott of 36th Shumake Starr Stumbaugh Tate Timmons Tolleson Turner Tysinger

Those not voting were Senators:

Brown of 47th Kennedy (presiding)

Phillips Ray

Scott of 2nd Walker

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 334. By Senator Brannon of the 51st:
A bill to add one additional judge of the superior court for the Appalachian Judi cial Circuit; to amend Code Section 15-6-2 of the Official Code of Georgia Anno tated, relating to numbers of judges for each judicial circuit, so as to provide for such additional judge; to provide for the initial appointment and subsequent election of said judge; to provide for all related matters; to provide an effective date.

Senator Brannon of the 51st moved that SB 334 be committed to the Senate Commit tee on Judiciary.

MONDAY, FEBRUARY 23, 1987

1023

On the motion, the yeas were 42, nays 0; the motion prevailed, and SB 334 was commit ted to the Senate Committee on Judiciary.
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 1:03 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.

1024

JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Tuesday, February 24, 1987 Thirtieth Legislative Day
The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called to order by the President.
Senator Barker of the 18th reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House and Senate:
HB 869. By Representative Peters of the 2nd: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing a Board of Tax Administrators for Catoosa County and providing for their qualifications, terms, authority, du ties, and compensation.
HB 872. By Representative Waldrep of the 80th: A bill to amend an Act incorporating the City of Culloden in the County of Monroe, so as to provide for the election of city council members from districts.
HB 895. By Representative Moody of the 153rd: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing for the election of members of the county board of education of Appling County from school districts and for the terms of office and qualifications of the board members.
HB 898. By Representatives Atkins of the 21st, Cooper of the 20th, Wilder of the 21st, Thompson of the 20th, Isakson of the 21st and others: A bill to amend an Act changing the compensation of the clerk of superior court, the sheriff, and the probate judge of Cobb County from the fee system to the salary system, so as to change the salary of the chief deputy sheriff of Cobb County; to change the compensation of the chief investigator for Cobb County.
HB 899. By Representatives Atkins of the 21st, Cooper of the 20th, Wilder of the 21st, Thompson of the 20th, Aiken of the 21st and others: A bill to amend an Act changing the compensation of the clerk of superior court, the sheriff, and the probate judge of Cobb County from the fee system to the salary system, so as to provide for an executive secretary for the sheriff.
HB 900. By Representative Godbee of the 110th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Jenkins County Develop ment Authority.

TUESDAY, FEBRUARY 24, 1987

1025

HB 902. By Representative Ramsey of the 3rd: A bill to reincorporate the Town of Eton in the County of Murray as the City of Eton and create therefor a new charter.
HB 904. By Representative Smith of the 78th:
A bill to amend an Act creating the Butts County, City of Flovilla, City of Jack son, and City of Jenkinsburg Water and Sewer Authority, so as to provide that a vacancy in the membership of the authority shall be filled for the remainder of the unexpired term by the governing authority of the county or municipality which appointed the member who has vacated his or her membership on the authority.
HB 909. By Representatives Cooper of the 20th, Thompson of the 20th, Wilder of the 21st, Aiken of the 21st, Lawler of the 20th and others: A bill to amend an Act creating a board of commissioners for Cobb County, so as to change the compensation provisions relating to the members of the board of commissioners and the chairman of said board.
HB 926. By Representative Sizemore of the 136th: A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Worth County during designated regis tration periods as provided in Code Section 40-2-20.1 of the Official Code of Georgia Annotated.
HB 927. By Representative Sizemore of the 136th: A bill to amend an Act creating a new charter for the City of Poulan, so as to change the corporate limits of the city.
HB 928. By Representative Sizemore of the 136th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Worth County Development Authority.
HB 929. By Representative Sizemore of the 136th: A bill to amend an Act creating the board of commissioners of Worth County, so as to change the compensation of the chairman of the board of commissioners of Worth County.
HB 930. By Representative Peters of the 2nd: A bill to amend an Act providing for the fiscal administration of the office of the sheriff of Catoosa County, so as to provide for the compensation of the sheriff.
HB 944. By Representative Ricketson of the 82nd: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing for the election of the mem bers of the Board of Education of Glascock County by the people.
HB 945. By Representative Ricketson of the 82nd: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Glascock County Industrial Development Authority.

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JOURNAL OP THE SENATE

SB 172. By Senator McKenzie of the 14th:
A bill to provide that the judge of the Probate Court of Taylor County shall serve as chief magistrate of the Magistrate Court of Taylor County; to provide for the term, filling of vacancies, and compensation for the office of chief magis trate; to provide for a constable; to provide for clerical assistance; to provide an effective date.
SB 240. By Senator Edge of the 28th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the governing authority of Spalding County to enact ordinances and regulations, including, but not limited to, traffic regulations and garbage and solid waste disposal regulations for the policing and governing of the unincorporated areas of the county.
SB 241. By Senator Edge of the 28th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing for the establishment of fire protection districts in Spalding County and for the levy of taxes and the issuance of bonds in addition to the maximum debt limitations of a county; to provide the authority for this Act.
SB 242. By Senator Edge of the 28th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the board of commissioners of Spalding County to license and regulate businesses and levy a license fee on businesses in the unincorporated areas of Spalding County except those busi nesses regulated by the Public Service Commission and to otherwise regulate and exercise police powers over businesses operated within the unincorporated areas of the county.
SB 243. By Senator Edge of the 28th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing Spalding County to levy a one percent retail sales and use tax on sales and uses within the county to pro vide funds for the financing of public facilities and to authorize Spalding County and the Griffin-Spalding County School System to issue general obligation bonds without a referendum election under certain conditions; to provide the authority for this Act.
SB 297. By Senator McKenzie of the 14th:
A bill to amend an Act providing for the board of commissioners of Taylor County, as amended, so as to change the description of certain commissioner districts.
HB 99. By Representatives Davis of the 29th, Thomas of the 31st, McKinney of the 35th, Brooks of the 34th and Clark of the 55th:
A bill to amend Code Section 16-5-23 of the Official Code of Georgia Annotated, relating to the crime of simple battery, so as to provide that any person who commits the offense of simple battery against a person who is 65 years of age or older shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than three years.

TUESDAY, FEBRUARY 24, 1987

1027

HB 224. By Representatives Martin of the 26th, Bostick of the 138th and Bishop of the 94th:
A bill to amend Code Section 9-11-60 of the Official Code of Georgia Annotated, relating to relief from judgments, so as to change the provisions relating to mo tions to set aside judgments.
HB 290. By Representative Pettit of the 19th:
A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings generally, so as to grant exclusive original jurisdiction in the juvenile court 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 457. By Representatives Buck of the 95th, Murphy of the 18th, Padgett of the 86th, Cooper of the 20th, Hanner of the 131st and others:
A bill to amend Code Section 47-17-23 of the Official Code of Georgia Annotated, relating to the investment powers of the Board of Commissioners of the Peace Officers' Annuity and Benefit Fund, so as to change the provisions relating to the investment powers of the board.
HB 459. By Representatives Buck of the 95th, Murphy of the 18th, Padgett of the 86th, Cooper of the 20th, Hanner of the 131st and others:
A bill to amend Code Section 47-17-60 of the Official Code of Georgia Annotated, relating to revenues collected from fines and bond forfeitures pursuant to the law relating to the Peace Officers' Annuity and Benefit Fund, so as to change the provisions relating to the sources of such revenue.
HB 559. By Representative Bray of the 91st:
A bill to amend Code Section 48-5-161 of the Official Code of Georgia Annotated, relating to issuance and collection of tax executions, so as to provide for the col lection of a levy administration fee to cover the expenses incurred by the county in the issuing of the execution and the administration of the levy.
HB 654. By Representatives Mueller of the 126th, Barnett of the 59th, Bannister of the 62nd, Goodwin of the 63rd, Shepard of the 71st and others:
A bill to amend Code Section 21-2-132 of the Official Code of Georgia Annotated, relating to filing notice of candidacy and payment of qualifying fees, so as to provide that no candidate shall be authorized to file a pauper's affidavit in lieu of paying certain qualifying fees unless such candidate has filed a qualifying petition.
HB 676. By Representative Johnson of the 72nd:
A bill to amend Code Section 47-16-26 of the Official Code of Georgia Annotated, relating to the power of the Board of Commissioners of the Sheriffs' Retirement Fund of Georgia to control and invest funds, so as to change the provisions relat ing to investment powers of the board.
HB 708. By Representative Pannell of the 122nd:
A bill to amend Code Section 31-7-75.1 of the Official Code of Georgia Anno tated, requiring trust funds for proceeds received from the sale or lease of certain public hospitals, so as to require such trust funds as an additional condition for certain hospitals to receive certificates of need.

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JOURNAL OF THE SENATE

HB 755. By Representatives Bargeron of the 108th and Godbee of the 110th:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of superior courts, so as to change the terms of superior court for Burke County of the Augusta Judicial Circuit.
HB 759. By Representatives Robinson of the 96th, Buck of the 95th, Porter of the 119th, Stancil of the 66th, Connell of the 87th and others:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions affecting torts, so as to provide certain tort immu nity for medical students.
HB 873. By Representative Connell of the 87th:
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 special license plates to commemorate the founding of Augusta College.
HB 874. By Representative Connell of the 87th:
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 special license plates to commemorate the founding of the Med ical College of Georgia.
The House has adopted by the requisite constitutional majority the following resolu tions of the House:
HR 194. By Representatives Thomas of the 69th, Pannell of the 122nd, Pettit of the 19th and Chambless of the 133rd:
A resolution relative to a study of the Georgia Law of Evidence by the State Bar of Georgia.
HR 298. By Representatives Hays of the 1st, Wood of the 9th, Connell of the 87th, Walker of the 115th, Peters of the 2nd and others:
A resolution providing for the Joel E. Scott Building at the Georgia War Veter ans Nursing Home.
The House has agreed to the Senate amendments to the following bills of the House:
HB 691. By Representatives Snow of the 1st, Hays of the 1st and Crawford of the 5th:
A bill to amend an Act placing the probate judge of Walker County on a salary basis, so as to change the provisions relating to the amount of funds for the com pensation of the personnel of said officer.
HB 399. By Representatives Triplett of the 128th, Jackson of the 9th, Holcomb of the 72nd and Birdsong of the 104th:
A bill to amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to the uniform rules of the road, so as to make it unlawful for trucks equipped with more than six wheels to operate in certain lanes on certain high ways; to make it unlawful for persons to impede normal traffic flow.

TUESDAY, FEBRUARY 24, 1987

1029

The House has agreed to the Senate substitutes to the following bills of the House:
HB 92. By Representative Couch of the 40th:
A bill to amend Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to penal institutions in general, so as to provide that if any inmate of any institution injures or contacts an officer or other person in such a manner as to present a possible threat of transmission of a communicable disease, then the warden, jailer, or other appropriate official may take all reasonable steps to de termine whether the inmate has a communicable disease.
HB 73. By Representatives Cox of the 141st, Patten of the 149th and Greene of the 130th:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions concerning torts, so as to limit the liability of goodfaith donors or gleaners of canned or perishable food, apparently fit for human consumption, to bona fide charitable or nonprofit organizations for free distribution.
The House has adopted the report of the Committee of Conference on the following bill of the House:
HB 380. By Representative Adams of the 79th:
A bill 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 inspection.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 372. By Senators Scott of the 2nd and Langford of the 35th:
A bill to amend Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to regulation of alcoholic beverages in general, so as to prohibit certain nude and sexual conduct on premises where alcoholic beverages are sold or dis pensed for consumption on the premises; to define terms; to prohibit the use of devices or objects to perform or simulate such conduct on such premises. Referred to Committee on Consumer Affairs.
SB 373. By Senators Langford of the 35th, Kidd of the 25th, Scott of the 36th and others:
A bill to amend Code Section 35-3-37 of the Official Code of Georgia Annotated, relating to inspection of criminal records and the purging, modifying, or supple menting of criminal records, so as to provide that any person arrested or indicted for a crime and subsequently released without charge, not prosecuted, or cleared of the offense through court proceedings shall be entitled to have any criminal records relative to such case purged. Referred to Committee on Judiciary.
SB 374. By Senator Allgood of the 22nd:
A bill to amend Part 4 of Article 2 of Chapter 9 of Title 9 of the Official Code of Georgia Annotated, relating to arbitration of medical malpractice claims, so as to provide for mandatory arbitration of all medical malpractice claims on and after July 1, 1987; to provide for definitions; to provide for application of certain stat utes; to require certain arbitration. Referred to Committee on Judiciary.

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JOURNAL OF THE SENATE

SB 375. By Senators Garner of the 30th, Foster of the 50th, Engram of the 34th and Dean of the 31st:
A bill to amend Code Section 43-30-1 of the Official Code of Georgia Annotated, relating to definitions affecting optometrists, so as to authorize the use of phar maceutical agents for treatment purposes by optometrists. Referred to Committee on Human Resources.
SB 376. By Senators Garner of the 30th and Kidd of the 25th:
A bill to amend Part 3 of Article 1 of Chapter 3 of Title 46 of the Official Code of Georgia Annotated, known as "The Georgia Cogeneration Act of 1979," so as to remove restraints of certain sales of excess electric energy; to increase the size of facilities qualifying for exemption from regulation by the Public Service Commission.
Referred to Committee on Public Utilities.
SB 377. By Senator Garner of the 30th:
A bill to amend Code Section 40-3-4 of the Official Code of Georgia Annotated, relating to exclusions from the requirement of obtaining a vehicle certificate of title, so as to exclude vehicles which are not sold for the purpose of lawful high way use. Referred to Committee on Governmental Operations.
SB 378. By Senators Langford of the 35th and Walker of the 43rd:
A bill to amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to crimes involving dangerous instrumentalities and prac tices, so as to regulate the sale of pistols and revolvers; to make it unlawful for a dealer to sell a pistol or revolver to any person except pursuant to certain condi tions and procedures; to define a certain term. Referred to Committee on Judiciary.
SB 379. By Senator Langford of the 35th:
A bill to amend Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to provisions of the Employees' Retirement System of Geor gia which are applicable to particular groups of employees, so as to provide that certain employees of county departments of family and children services of coun ties of this state having a population of 550,000 or more shall have the option to become members of the Employees' Retirement System of Georgia. Referred to Committee on Retirement.
SR 161. By Senators Gillis of the 20th, Bryant of the 3rd, Kennedy of the 4th and others:
A resolution creating the Senate State Parks System Study Committee. Referred to Committee on Rules.
SR 162. By Senators Crumbley of the 17th, Kennedy of the 4th, Allgood of the 22nd and others:
A resolution creating the Senate Insurance Regulation Study Committee. Referred to Committee on Rules.

TUESDAY, FEBRUARY 24, 1987

1031

SR 163. By Senators Kidd of the 25th, Kennedy of the 4th, Gillis of the 20th and Broun of the 46th:
A resolution providing for the designation of the Albert "Al" Holloway Labor Building. Referred to Committee on Rules.
The following bills and resolutions of the House were read the first time and referred to committees:
HB 99. By Representatives Davis of the 29th, Thomas of the 31st, McKinney of the 35th and others:
A bill to amend Code Section 16-5-23 of the Official Code of Georgia Annotated, relating to the crime of simple battery, so as to provide that any person who commits the offense of simple battery against a person who is 65 years of age or older shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than three years. Referred to Committee on Corrections.
HB 224. By Representatives Martin of the 26th, Bostick of the 138th and Bishop of the 94th:
A bill to amend Code Section 9-11-60 of the Official Code of Georgia Annotated, relating to relief from judgments, so as to change the provisions relating to mo tions to set aside judgments. Referred to Committee on Special Judiciary.
HB 290. By Representative Pettit of the 19th:
A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings generally, so as to grant exclusive original jurisdiction in the juvenile court 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 457. By Representatives Buck of the 95th, Murphy of the 18th, Padgett of the 86th and others:
A bill to amend Code Section 47-17-23 of the Official Code of Georgia Annotated, relating to the investment powers of the Board of Commissioners of the Peace Officers' Annuity and Benefit Fund, so as to change the provisions relating to the investment powers of the board. Referred to Committee on Retirement.
HB 459. By Representatives Buck of the 95th, Murphy of the 18th, Padgett of the 86th and others:
A bill to amend Code Section 47-17-60 of the Official Code of Georgia Annotated, relating to revenues collected from fines and bond forfeitures pursuant to the law relating to the Peace Officers' Annuity and Benefit Fund, so as to change the provisions relating to the sources of such revenue. Referred to Committee on Retirement.
HB 559. By Representative Bray of the 91st:
A bill to amend Code Section 48-5-161 of the Official Code of Georgia Annotated, relating to issuance and collection of tax executions, so as to provide for the col-

1032

JOURNAL OF THE SENATE

lection of a levy administration fee to cover the expenses incurred by the county in the issuing of the execution and the administration of the levy. Referred to Committee on Urban and County Affairs (General).
HB 654. By Representatives Mueller of the 126th, Barnett of the 59th, Bannister of the 62nd and others:
A bill to amend Code Section 21-2-132 of the Official Code of Georgia Annotated, relating to filing notice of candidacy and payment of qualifying fees, so as to provide that no candidate shall be authorized to file a pauper's affidavit in lieu of paying certain qualifying fees unless such candidate has filed a qualifying petition. Referred to Committee on Governmental Operations.
HB 676. By Representative Johnson of the 72nd:
A bill to amend Code Section 47-16-26 of the Official Code of Georgia Annotated, relating to the power of the Board of Commissioners of the Sheriffs' Retirement Fund of Georgia to control and invest funds, so as to change the provisions relat ing to investment powers of board. Referred to Committee on Retirement.
HB 708. By Representative Pannell of the 122nd:
A bill to amend Code Section 31-7-75.1 of the Official Code of Georgia Anno tated, requiring trust funds for proceeds received from the sale or lease of certain public hospitals, so as to require such trust funds as an additional condition for certain hospitals to receive certificates of need. Referred to Committee on Human Resources.
HB 755. By Representatives Bargeron of the 108th and Godbee of the 110th:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of superior courts, so as to change the terms of superior court for Burke County of the Augusta Judicial Circuit. Referred to Committee on Judiciary.
HB 759. By Representatives Robinson of the 96th, Buck of the 95th, Porter of the 119th and others:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions affecting torts, so as to provide certain tort immu nity for medical students. Referred to Committee on Judiciary.
HB 873. By Representative Connell of the 87th:
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 special license plates to commemorate the founding of Augusta College. Referred to Committee on Transportation.
HB 874. By Representative Connell of the 87th:
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 24, 1987

1033

as to provide for special license plates to commemorate the founding of the Med ical College of Georgia. Referred to Committee on Transportation.
HR 194. By Representatives Thomas of the 69th, Pannell of the 122nd, Pettit of the 19th and Chambless of the 133rd:
A resolution relative to a study of the Georgia Law of Evidence by the State Bar of Georgia. Referred to Committee on Judiciary.
HR 298. By Representatives Hays of the 1st, Wood of the 9th, Connell of the 87th and others:
A resolution providing for the Joel E. Scott Building at the Georgia War Veter ans Nursing Home. Referred to Committee on Defense and Veterans Affairs.
HB 869. By Representative Peters of the 2nd:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing a Board of Tax Administrators for Catoosa County and providing for their qualifications, terms, authority, du ties, and compensation. Referred to Committee on Urban and County Affairs.
HB 872. By Representative Waldrep of the 80th:
A bill to amend an Act incorporating the City of Culloden in the County of Monroe, so as to provide for the election of city council members from districts. Referred to Committee on Urban and County Affairs.
HB 895. By Representative Moody of the 153rd:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing for the election of members of the county board of education of Appling County from school districts and for the terms of office and qualifications of the board members. Referred to Committee on Urban and County Affairs.
HB 898. By Representatives Atkins of the 21st, Cooper of the 20th, Wilder of the 21st and others:
A bill to amend an Act changing the compensation of the clerk of superior court, the sheriff, and the probate judge of Cobb County from the fee system to the salary system, so as to change the salary of the chief deputy sheriff of Cobb County; to change the compensation of the chief investigator for Cobb County. Referred to Committee on Urban and County Affairs.
HB 899. By Representatives Atkins of the 21st, Cooper of the 20th, Wilder of the 21st and others:
A bill to amend an Act changing the compensation of the clerk of superior court, the sheriff, and the probate judge of Cobb County from the fee system to the salary system, so as to provide for an executive secretary for the sheriff. Referred to Committee on Urban and County Affairs.

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JOURNAL OF THE SENATE

HB 900. By Representative Godbee of the 110th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Jenkins County Develop ment Authority.
Referred to Committee on Urban and County Affairs.
HB 902. By Representative Ramsey of the 3rd: A bill to reincorporate the Town of Eton in the County of Murray as the City of Eton and create therefor a new charter.
Referred to Committee on Urban and County Affairs.
HB 904. By Representative Smith of the 78th: A bill to amend an Act creating the Butts County, City of Flovilla, City of Jack son, and City of Jenkinsburg Water and Sewer Authority, so as to provide that a vacancy in the membership of the authority shall be filled for the remainder of the unexpired term by the governing authority of the county or municipality which appointed the member who has vacated his or her membership on the authority.
Referred to Committee on Urban and County Affairs.
HB 909. By Representatives Cooper of the 20th, Thompson of the 20th, Wilder of the 21st and others: A bill to amend an Act creating a board of commissioners for Cobb County, so as to change the compensation provisions relating to the members of the board of commissioners and the chairman of said board.
Referred to Committee on Urban and County Affairs.
HB 926. By Representative Sizemore of the 136th: A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Worth 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 927. By Representative Sizemore of the 136th: A bill to amend an Act creating a new charter for the City of Poulan, so as to change the corporate limits of the city.
Referred to Committee on Urban and County Affairs.
HB 928. By Representative Sizemore of the 136th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Worth County Development Authority.
Referred to Committee on Urban and County Affairs.
HB 929. By Representative Sizemore of the 136th: A bill to amend an Act creating the board of commissioners of Worth County, so as to change the compensation of the chairman of the board of commissioners of Worth County.
Referred to Committee on Urban and County Affairs.

TUESDAY, FEBRUARY 24, 1987

1035

HB 930. By Representative Peters of the 2nd:
A bill to amend an Act providing for the fiscal administration of the office of the sheriff of Catoosa County, so as to provide for the compensation of the sheriff. Referred to Committee on Urban and County Affairs.

HB 944. By Representative Ricketson of the 82nd:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing for the election of the mem bers of the Board of Education of Glascock County by the people.
Referred to Committee on Urban and County Affairs.

HB 945. By Representative Ricketson of the 82nd:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Glascock County Industrial Development Authority.
Referred to Committee on Urban and County Affairs.

The following reports of standing committees were read by the Secretary:

Mr. President:

The Committee on 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 212. HB 562. HB 647.

Do pass. Do pass. Do pass by substitute.

HR 11. Do pass. HR 17. Do pass. HR 42. Do pass.

Respectfully submitted,

Senator Starr of the 44th District, Chairman

Mr. President:

The Committee on Banking and Finance has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 180. Do pass. HB 191. Do pass by substitute.
Respectfully submitted,
Senator Hudgins of the 15th District, Chairman

Mr. President:

The Committee on Children and Youth has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the follow ing recommendation:
HB 141. Do pass as amended.
Respectfully submitted,
Senator Barker of the 18th District, Chairman

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JOURNAL OF THE SENATE

Mr. President:

The Committee on Education has had under consideration the following resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SR 154. Do pass.
Respectfully submitted,
Senator Foster of the 50th District, Chairman

Mr. President:

The Committee on Governmental Operations has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 365. Do pass.

HB 202. Do pass by substitute.

HB 165. Do pass by substitute.

HB 421. Do pass.

HB 187. Do pass by substitute.

HB 465. Do pass.

Respectfully submitted,

Senator Kidd of the 25th District, Chairman

Mr. President:

The Committee on Higher Education has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 371. Do pass.

HB 807. Do pass.

HB 450. Do pass.

HB 809. Do pass.

HB 804. Do pass.

Respectfully submitted,

Senator Fincher of the 54th District, Chairman

Mr. President:

The Committee on Public Safety has had under consideration the following bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 90. Do pass as amended.

HB 244. Do pass.

SB 317. Do pass.

HB 416. Do pass.

SR 138. 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 8. Do pass.

SR 124. Do pass.

TUESDAY, FEBRUARY 24, 1987

1037

HR 59. Do pass.

SR 109. Do pass as amended.

HR 76. Do pass.

SR 119. Do pass as amended.

Respectfully submitted,

Senator Dean of the 31st District, Chairman

Mr. President:

The Committee on Special Judiciary has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 343. Do pass.

HB 264. Do pass.

HB 55. Do pass.

HB 297. Do pass.

HB 222. Do pass.

Respectfully submitted,

Senator Peevy of the 48th District, Chairman

Mr. President:

The Committee on Special Judiciary has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 266. Do pass by substitute.
Respectfully submitted,
Senator Peevy of the 48th 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 362. Do pass.

HB 802. Do pass.

SB 363. Do pass.

HB 825. Do pass.

HB 372. Do pass.

HB 827. Do pass.

HB 544. Do pass by substitute.

HB 829. Do pass.

HB 697. Do pass.

HB 855. Do pass.

HB 731. Do pass.

HB 856. Do pass.

HB 747. Do pass.

HB 857. Do pass.

HB 761. Do pass.

HB 892. Do pass.

HB 762. Do pass.

HB 893. Do pass.

Respectfully submitted,

Senator Turner of the 8th District, Chairman

The following bills and resolution of the Senate and House were read the second time:

SB 136. By Senators Dawkins of the 45th, Peevy of the 48th, Bowen of the 13th and Burton of the 5th:
A bill to amend Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, so as to provide immunity for providing assistance

1038

JOURNAL OF THE SENATE

and advice in mitigating or attempting to mitigate the effects of an actual or threatened discharge of hazardous materials; to provide for definitions; to pro vide for other matters relative to the foregoing; to provide an effective date.
SB 359. By Senators Kidd of the 25th and Bryant of the 3rd:
A bill to amend Article 2 of Chapter 4 of Title 38 of the Official Code of Georgia Annotated, relating to veteran's benefits, so as to authorize the Veterans Service Board to establish, operate, and maintain a Georgia War Veterans Cemetery in this state; to provide restrictions for interment.
SR 157. By Senator Kidd of the 25th:
A resolution authorizing the State Properties Commission to resolve a title mat ter affecting state land in Baldwin County, Georgia; to authorize the conveyance of an easement and the acceptance of a quitclaim deed in connection therewith; to provide an effective date.
HB 72. By Representatives Cox of the 141st, Patten of the 149th, Bargeron of the 108th, Greene of the 130th and Mostiler of the 75th:
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 re quire the operator of a motorcycle to keep proof or evidence of minimum insur ance coverage required by law in his immediate possession at all times when such person is operating the vehicle.
HB 80. By Representatives Isakson of the 21st and Adams of the 36th:
A bill to amend Code Section 50-8-101 of the Official Code of Georgia Annotated, relating to operating expenses of metropolitan area planning and development commissions, so as to clarify certain annual per resident assessments.
HB 454. By Representative Galer of the 97th:
A bill to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to change certain provisions relating to the crime of sexual exploitation of children; to prohibit any person from exchanging, selling, purchasing, or delivering any minor in connection with the production of any visual or print medium or performance depicting a minor engaged in sexually explicit conduct.
HB 498. By Representatives Randall of the 101st, Bishop of the 94th and Bostick of the 138th:
A bill to amend Code Section 53-4-4 of the Official Code of Georgia Annotated, relating to inheritance by illegitimates and their offspring, so as to provide that an illegitimate child may inherit from or through the child's father if the father executed a sworn statement attesting to the parent-child relationship or if the father signed the birth certificate of the child.
HB 501. By Representatives Long of the 142nd, Bostick of the 138th, Royal of the 144th and others:
A bill to amend Code Section 15-11-20 of the Official Code of Georgia Annotated, relating to placement of a deprived, abused, or neglected child in shelter care, so as to provide that placement of a child in shelter care requires approval of a juvenile court judge.

TUESDAY, FEBRUARY 24, 1987

1039

HB 561. By Representatives Couch of the 40th, Adams of the 36th, Sinkfield of the 37th and others:
A bill to amend Code Section 36-44-3 of the Official Code of Georgia Annotated, relating to definitions under the "Redevelopment Powers Law", so as to provide for additional areas to be included in the definition of a redevelopment area.
HB 616. By Representative Pettit of the 19th:
A bill to amend Code Section 36-35-4 of the Official Code of Georgia Annotated, relating to the authority of a municipal governing body to fix compensation and benefits, so as to provide a definition for certain terms.
HB 625. By Representatives Brown of the 88th, Randall of the 101st, Groover of the 99th and others:
A bill to amend Article 1 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, relating to the recovery of child support, so as to authorize the De partment of Human Resources to request from certain state or local agencies or private employers certain information regarding persons owing or allegedly owing child support.
The President called for the morning roll call, and the following Senators answered to their names:

Albert Allgood Baldwin Barker Barnes Bowen
DBroanunn0onff 4A a6thv. BBrowannt 01 47th Burton Coleman Crumbley Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Garner Gmis
HHjanrerison ,H,oward, Hudgms Huggins Kennedy Kidd Land McGill McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan Ray
SSccootttt ooff 23n6dth S01humaki e Starr Stumbaugh Tate Timmons Tolleson Turner Tysinger Walker

Those not answering were Senators:

Coverdell

Harris

Langford

Senator Shumake of the 39th introduced the chaplain of the day, Reverend James H. Sims, Jr., pastor of Shiloh Missionary Baptist Church, Atlanta, Georgia, who offered scrip ture reading and prayer.

The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:

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JOURNAL OF THE SENATE

SENATE LOCAL CONSENT CALENDAR
Tuesday, February 24, 1987
THIRTIETH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 362 Echols, 6th Pierce County
Continues amendment creating Pierce County Industrial Development and Building Authority.
SB 363 Echols, 6th Pierce County
Amends Act creating Board of Commissioners of county; changes expense al lowances of the chairman and other members of Board of Commissioners.
HB 372 Deal, 49th City of Gainesville Hall County
Provides that homestead of each resident of city of Gainesville Independent School District which is otherwise eligible for exemption from ad valorem taxes for educational purposes provided for in Code Section 48-5-52 of the O.C.G.A., 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.
*HB 544 Langford, 35th Scott, 36th Newbill, 56th Engram, 34th Tate, 38th Shumake, 39th Coverdell, 40th Fulton County
Amends Act providing for number of members and for election of members of Board of Education of county; changes provisions relating to compensation of members of board. (SUBSTITUTE)
HB 697 Langford, 35th Engram, 34th City of College Park Fulton County
Continues amendment creating the College Park Business and Industrial De velopment Authority.
HB 731 Peevy, 48th City of Suwanee Gwinnett County
Creates new charter for city.

TUESDAY, FEBRUARY 24, 1987

1041

HB 747 Kidd, 25th Putnam County Continues amendment setting compensation for Putnam County Tax Collec tor.
HB 761 Baldwin, 29th Heard County
Makes provisions for Magistrate Court of county.
HB 762 Bryant, 3rd Echols, 6th City of Brunswick Glynn County Continues amendment authorizing governing body of city of Brunswick to levy an annual ad valorem tax upon the taxable real property located in that district and area within said city described as "Downtown Brunswick" to be used in assisting and promoting the economic development of the central business district.
HB 802 Bryant, 3rd Echols, 6th Glynn County
Continues amendment providing that for the purposes of all ad valorem taxa tion for county and county school district the assessed value or the home stead of each resident of such county or school district who is sixty-two years of age or over or who is disabled shall not be increased.
HB 825 McKenzie, 14th City of Byron Peach County Amends Act creating new charter for city; changes corporate limits of city by incorporating certain additional territory therein.
HB 827 Broun, 46th Oconee County
Provides that school superintendent of Oconee County School District shall be appointed by the Board of Education rather than elected.
HB 829 Peevy, 48th Barrow County
Creates Barrow County Water and Sewerage Authority.
HB 855 Kidd, 25th Hancock County
Continues amendment providing for election of members of County Board of Education of Hancock County by the people.
HB 856 Kennedy, 4th Candler County
Amends Act establishing State Court of county; corrects an inaccurate inter nal reference to certain general laws relating to the granting of new trials and to provide that grounds and procedures for granting new trials in certain cases shall be followed as set forth in Chapter 5 of Title 5 of O.C.G.A.

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JOURNAL OF THE SENATE

HB 857 Kennedy, 4th Candler County Continues amendment creating Candler County Industrial Authority.
HB 892 Turner, 8th City of Valdosta Lowndes County Amends Act providing new charter for city; redefines corporate limits of city.
HB 893 Turner, 8th City of Valdosta Lowndes County Establishes Valdosta-Lowndes County Airport Authority.
The substitute to the following bill was put upon its adoption:
*HB 544:
The Senate Committee on Urban and County Affairs offered the following substitute to HB 544:
A BILL To be entitled an Act to amend an Act providing for the number of members and for the election of members of the Board of Education of Fulton County, approved February 10, 1984 (Ga. L. 1984, p. 3591), as amended by an Act approved March 18, 1985 (Ga. L. 1985, p. 3723), so as to change the provisions relating to the compensation of the members of the board; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing for the number of members and for the election of mem bers of the Board of Education of Fulton County, approved February 10, 1984 (Ga. L. 1984, p. 3591), as amended by an Act approved March 18, 1985 (Ga. L. 1985, p. 3723), is amended by striking subsection (b) of Section 4 in its entirety and inserting in its place a new subsec tion (b) of Section 4 to read as follows: "(b) The president shall be compensated in the amount of $800.00 per month, and each of the other members shall be compensated in the amount of $700.00 per month." Section 2. This Act shall become effective on July 1, 1987. Section 3. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 44, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to.
On the passage of all the bills on the Senate Local Consent Calendar, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Albert Allgood Barker Bowen

Broun of 46th Brown of 47th Bryant Burton

Coverdell Crumbley Deal Dean

TUESDAY, FEBRUARY 24, 1987

1043

Echols Edge English E"gram F, m <:her FGoasrtneerr
Gillis
Harrison
Hine
Howard

Hudgins Huggins Kennedy Kidd Land LMacnGgiflol rd
Newbill
Olmstead
Peevy
Perry

Phillips Ragan Rav Scott of 2nd Scott of 36th b,, tarr
Tolleson
Turner
Tysinger
Walker

Those not voting were Senators:

Baldwin Barnes Brannon Coleman

Dawkins Harris McKenzie Shumake

Stumbaugh Tate Timmons

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 544, having received the requisite constitutional majority, were passed.
HB 544, having received the requisite constitutional majority, was passed by substitute.
Senator Timmons of the llth moved that the Senate disagree with the committee re port which was adverse to the passage of the following bill of the Senate:
SB 322. By Senator Timmons of the llth: A bill to amend Chapter 9 of Title 47 of the Official Code of Georgia Annotated, known as the "Act Creating the Superior Court Judges Retirement System," so as to change the provisions relating to the board of trustees; to change the num ber of years of creditable service necessary for the vesting of the right to receive benefits.
The President put the motion, "Shall the committee report which was adverse to the passage of SB 322 be agreed to?"
On the motion, the yeas were 0, nays 29; the motion was lost, and the committee report which was adverse to the passage of SB 322 was disagreed to.
SENATE RULES CALENDAR Tuesday, February 24, 1987
THIRTIETH LEGISLATIVE DAY SB 322 Superior Court Judges Retirement System--number of years of service for vest
ing (RET--llth) BILL PLACED ON CALENDAR FOR THE PURPOSE OF ENTERTAINING A MOTION TO DISAGREE WITH THE REPORT OF THE COMMITTEE WHICH WAS UNFAVORABLE TO THE PASSAGE OF THE BILL. SB 113 Torts--qualified immunity, persons, officers of certain nonprofit organizations (SUBSTITUTES) (JUDY--49th)

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JOURNAL OF THE SENATE

HB 209 Business Corporations--indemnification of directors, employees (SUBSTITUTE) (JUDY -- 22nd)
(Pursuant to SENATE Rule 143, final passage of the bill was suspended.)
HB 493 Board of Private Detective, Security Agencies--composition (S JUDY--48th)
SB 344 Special License Plates--change provisions on ones on founding of Savannah State College (TRANS--38th)
HB 300 Auctioneer--must register with Auctioneers Commission (I&L--52nd)
SB 121 Actual, Suspected Juvenile Drug Use--provide for reporting (SUBSTITUTE) (S JUDY-33rd)
HB 508 Property, Casualty Insurance Rates--circumstances for Commissioner to approve (SUBSTITUTE) (INS--55th)
SB 345 Lobbyists--written authorization to use name of firm in certain correspondence (SUBSTITUTE) (GOV OP--52nd)
HB 234 Uncontested Divorce Cases--evidentiary hearing authorized, but not required (S JUDY--28th)
HR 9 L. L. (Pete) Phillips Conference Center--designate (NAT R--20th)
HB 354 Public Retirement Systems Standards Law--reduction in cost amendment to re tirement bills (RET--llth)
HB 43 Automatic Phone Dialing Equipment for Commercial Purposes--criminal offense (SUBSTITUTE) (GOV OP--25th)
SB 305 Probate Court Judges--minimum salaries (SUBSTITUTE) (GOV OP--25th)
SB 158 Property Sales under Execution--time of sales (AMENDMENT) (S JUDY--51st)
HB 355 Firemen's Pension Fund--delete certain provisions on eligibility for membership (RET--llth)
HB 328 Municipal Gas Authority--create as charity performing government function (I&L--45th)
HB 87 Georgia Income Tax--revise provisions on estate tax (SUBSTITUTE) (B&F--15th)
SB 306 Insurance Code--regulation of risk retention groups (INS--55th)
HB 655 Deer Hunting--provisions on "anterless or either-sex" deer (NAT R--18th)
HB 452 Coroner--municipal officer authorized to simultaneously serve (GOV OP--25th)
HB 558 Boxing Match License--redefine "professional boxing match" (GOV OP--25th)
SB 16 Cable Television--prohibit multiple-unit dwelling owner interference (SUBSTI TUTE) (GOV OP--25th)
HB 398 Magistrate Court Clerk--qualifications (JUDY--49th)
HB 378 Legislative Counsel--election by Legislative Services Committee (JUDY--49th)
SB 318 Advisory Commission on Programs for the Blind--create (GOV OP--5th)
HB 466 Firearm Possession--first offender on probation prohibited (CORR--30th)
HR 98 Joint Comprehensive Energy Resources Policy Committee--create (RULES--2nd)
HB 312 Crime Information Center Records--dissemination to private persons, busi nesses, public agencies, others (PUB SAF--30th)
Respectfully submitted,
/s/ Nathan Dean Dean of the 31st, Chairman Senate Rules Committee

TUESDAY, FEBRUARY 24, 1987

1045

The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:
SB 113. By Senator Deal of the 49th:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to torts in general, so as to provide a qualified immunity from civil liabil ity for persons serving as directors, officers, and trustees of certain nonprofit organizations.
The Senate Committee on Judiciary offered the following substitute to SB 113:
A BILL
To be entitled an Act to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to torts in general, so as to provide a qualified immunity from civil liability for certain persons serving as members, directors, trustees, or officers of certain nonprofit associations, hospitals, institutions, corporations, or organizations or of certain governmental agencies, boards, authorities, or entities; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to torts in general, is amended by adding a new Code section immediately following Code Sec tion 51-1-20, to be designated Code Section 51-1-20.1 to read as follows:
"51-1-20.1. (a) A person serving without compensation as a member, director, trustee, or officer of any nonprofit association, hospital, institution, corporation, or organization or of any governmental agency, board, authority, or entity shall be immune from civil liability for any act or omission to act arising out of such service, if such person was acting in good faith in the scope of his or her official actions and duties, unless such damage or injury was caused by the willful or wanton misconduct of such person. The term 'compensation,' as used in this Code section, shall not include reimbursement for reasonable expenses related to said services.
(b) This Code section shall not apply to any credit union authorized to transact busi ness under the provisions of Article 3 of Chapter 1 of Title 7."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Senator Deal of the 49th offered the following substitute to SB 113:
A BILL
To be entitled an Act to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to torts in general, so as to provide to certain members, directors, trust ees, and officers of nonprofit hospitals, nonprofit, charitable, or eleemosynary institutions or organizations, or governmental entities immunity from civil liability under certain condi tions; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to torts in general, is amended by striking in its entirety Code Section 51-1-20, relating to the liability of directors and officers of public, charitable, or nonprofit hospitals, institutions, or organizations, and inserting in its place a new Code Section 51-1-20 to read as follows:
"51-1-20. A person serving with or without compensation as a member, director, or trus tee, or as an officer without compensation, of any nonprofit hospital or of any nonprofit, charitable, or eleemosynary institution or organization or of any governmental agency, board, authority, or entity shall be immune from civil liability for any act or any omission to

1046

JOURNAL OF THE SENATE

act arising out of such service if such person was acting in good faith within the scope of his or her official actions and duties and unless the damage or injury was caused by the willful or wanton misconduct of such person."
Section 2. Said chapter is further amended by adding a new Code section immediately following Code Section 51-1-20, to be designated Code Section 51-1-20.1, to read as follows:
"51-1-20.1 The term 'compensation,' as used in Code Section 51-1-20, shall not include reimbursement for reasonable expenses related to said services."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute to SB 113 offered by the Senate Committee on Judi ciary, the yeas were 0, nays 29, and the substitute was lost.
On the adoption of the substitute to SB 113 offered by Senator Deal of the 49th, the yeas were 32, nays 0, and the substitute was adopted.
The President announced that, pursuant to Senate Rule 143, consideration of the sub stitute and the bill will be suspended and placed on the Senate General Calendar.
The following general bill of the House, having been read the third time and final ac tion suspended on February 24, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage:
HB 209. By Representatives Chambless of the 133rd, Smyre of the 92nd, Thomas of the 69th, Robinson of the 96th, Pannell of the 122nd and others: A bill to amend Chapter 2 of Title 14 of the Official Code of Georgia Annotated, relating to business corporations, so as to change the provisions relating to in demnification of directors, officers, employees, or agents of business corporations; to provide for advancement of certain expenses; to provide for continuation of indemnification and advancement of expenses.
Senate Sponsors: Senators Allgood of the 22nd and Deal of the 49th.
The substitute to HB 209 offered by Senators Hine of the 52nd, Deal of the 49th and Allgood of the 22nd and adopted on February 24, as it appears in the Journal of February 24, was automatically reconsidered and put upon its adoption.
Senators Hine of the 52nd, Deal of the 49th and Allgood of the 22nd offered the follow ing amendment:
Amend the substitute to HB 209 offered by Senators Hine of the 52nd, Deal of the 49th and Allgood of the 22nd by inserting on line 27 of page 1 between "procedures;" and "to" the following:
"to provide standards of care and conduct for railroad corporation directors and officers and provide for limitations of liability;".
By inserting between lines 18 and 19 of page 20 the following:
"Section 7. Said part is further amended by adding at the end thereof a new Code section, to be designated Code Section 46-8-55, to read as follows:
'46-8-55. (a) (1) A director shall discharge his duties as a director, including his duties as a member of a committee:
(A) In good faith; and
(B) With the care an ordinarily prudent person in a like position would exercise under similar circumstances.

TUESDAY, FEBRUARY 24, 1987

1047

(2) In discharging his duties, a director is entitled to rely on information, opinions, reports, or statements, including financial statements and other financial data, if prepared or presented by:
(A) One or more officers or employees of the corporation whom the director reasonably believes to be reliable and competent in the matters presented;
(B) Legal counsel, public accountants, investment bankers, or other persons as to mat ters the director reasonably believes are within the person's professional or expert compe tence; or
(C) A committee of the board of directors of which he is not a member if the director reasonably believes the committee merits confidence.
(3) A director is not acting in good faith if he has knowledge concerning the matter in question that makes unwarranted the reliance otherwise permitted by paragraph (2) of this subsection.
(4) A director is not liable for any action taken as a director or any failure to take any action if he performed the duties of his office in compliance with this subsection.
(b) (1) An officer with discretionary authority shall discharge his duties under that authority:
(A) In good faith; and
(B) With the care an ordinarily prudent person in a like position would exercise under similar circumstances.
(2) In discharging his duties, an officer is entitled to rely on information, opinions, re ports, or statements, including financial statements and other financial data, if prepared or presented by:
(A) One or more officers or employees of the corporation whom the officer reasonably believes to be reliable and competent in the matters presented; or
(B) Legal counsel, public accountants, investment bankers, or other persons as to mat ters the officer reasonably believes are within the person's professional or expert competence.
(3) An officer is not acting in good faith if he has knowledge concerning the matter in question that makes unwarranted the reliance otherwise permitted by paragraph (2) of this subsection.
(4) An officer is not liable for any action as an officer or any failure to take any action if he performed the duties of his office in compliance with this subsection.' "
By striking from line 19 of page 20 the following:
"Section 7.",
and inserting in its place the following:
"Section 8."
On the adoption of the amendment, the yeas were 33, nays 1, and the amendment was adopted.
On the adoption of the substitute, the yeas were 35, nays 0, and the substitute was adopted as amended.
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:

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JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell Dawkins Deal Dean Echols

Edge English Engram Foster Garner Gillis Harris Hine Howard Hudgins Huggins Kennedy Kidd Land Langford McGill McKenzie

Newbill Olmstead Peevy Perry Phillips Ragan Ray Scott of 2nd Scott of 36th Stumbaugh Tate Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Crumbley Fincher

Harrison Shumake

Starr

On the passage of the bill, the yeas were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
The following general bills of the Senate and House, favorably reported by the commit tees, were read the third time and put upon their passage:
HB 493. By Representatives Randall of the 101st, Bostick of the 138th, Bishop of the 94th and Martin of the 26th: A bill to amend Chapter 38 of Title 43 of the Official Code of Georgia Annotated, known as the "Georgia Private Detective and Security Agencies Act", so as to change certain provisions relating to the composition of the Georgia Board of Private Detective and Security Agencies. Senate Sponsor: Senator Peevy of the 48th.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Brannon

Brown of 47th Bryant Burton Coleman Coverdell Dawkins

Deal Dean Echols Edge English Engram

TUESDAY, FEBRUARY 24, 1987

1049

Garner Gillis Harris Harrison Hine Howard Hudgins Huggins Kennedy Kidd Land

Langford McGill McKenzie Newbill Olmstead Peevy Perry Ragan Ray Scott of 2nd

Scott of 36th Shumake Starr Stumbaugh Tate Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Bowen Broun of 46th

Crumbley Fincher

Foster Phillips

On the passage of the bill, the yeas were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 344. 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 generally, so as to change the provisions relating to commemoration of the founding of Savannah State College and the issuance and expiration of special license plates connected therewith.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the 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 Coleman Coverdell Deal Dean Echols Edge English

Engram Foster Garner Gillis Harris Harrison Hine Howard Hudgins Huggins Kennedy Kidd Land Langford McGill Newbill

Olmstead Peevy Perry Phillips Ragan Ray Scott of 2nd Scott of 36th Shumake Stumbaugh Tate Timmons Tolleson Turner Tysinger Walker

1050

JOURNAL OF THE SENATE

Those not voting were Senators:

Bowen Crumbley

Dawkins Fincher

McKenzie Starr

On the passage of the bill, the yeas were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 300. By Representatives Lane of the lllth and Godbee of the 110th: A bill to amend Chapter 6 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of auctioneers, so as to define certain terms; to change the definition of a certain term; to prohibit any company from engaging in, con ducting, advertising, or holding itself out as engaging in or conducting the busi ness of auctioning without registering with the Georgia Auctioneers Commission. Skjecniiaait/ec Su^proyjniiasuoLr:. kS^et^nnaatiAojri nHiinnee; uoif tvhiiec i5*2.nndu..
The report of the committee, which was favorable to the passage of the bill, was agreed to.
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 Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols Edge

English Engram Foster Garner Gillis Harris Harrison Hine Howard Hudgins Huggins Kennedy Kidd Land Langford McGill McKenzie

Newbill Olmstead Peevy Perry Phillips Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Tolleson Turner Tysinger Walker

Those not voting were Senators:

Albert Bowen

Fincher Ragan

Timmons

On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed. Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair.

TUESDAY, FEBRUARY 24, 1987

1051

SB 121. By Senators Barnes of the 33rd, McKenzie of the 14th and Dean of the 31st:
A bill to amend Article 1 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to parent and child relationships, so as to provide for the reporting of actual or suspected juvenile drug use; to provide for immunities and exemptions; to provide for criminal penalties; to amend Article 2 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to records of child abuse and deprivation, so as to provide that such article shall apply to child con trolled substance or marijuana abuse.
The Senate Committee on Special Judiciary offered the following substitute to SB 121:
A BILL
To be entitled an Act to amend Article 1 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to parent and child relationships, so as to provide purposes and construction; to provide for the reporting of actual or suspected juvenile drug use; to pro vide for immunities and exemptions; to provide reporting procedures; to amend Article 2 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to records of child abuse and deprivation, so as to provide that such article shall apply to child controlled substance or marijuana abuse; 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 19 of the Official Code of Georgia Annotated, relating to parent and child relationships, is amended by adding at the end thereof a new Code Section 19-7-6 to read as follows:
"19-7-6. (a) The purpose of this Code section is to provide for the protection of children whose health and welfare are adversely affected and further threatened by the unlawful use and abuse of controlled substances or marijuana. The General Assembly recognizes the need for early intervention, counseling, and treatment as an effective means of addressing the problem of child controlled substance and marijuana abuse. It is intended that the reporting of the unlawful use of any controlled substance or marijuana will cause the protective ser vices of the state to be brought to bear on this situation in an effort to protect and enhance the welfare of children. This Code section shall be liberally construed so as to carry out the purposes thereof.
(b) Any person exercising in loco parentis control over a child under the age of 18 years who has reasonable cause to believe that the child is habitually using in an unlawful manner any controlled substance or marijuana, as defined in Code Section 16-13-21, is encouraged to report such information to the child's parents and a child welfare agency providing protec tive services, as designated by the Department of Human Resources.
(c) Any person exercising in loco parentis control over a child under the age of 18 years who has actual knowledge based upon evidence independent of statements made by the child of the habitual use in an unlawful manner by such child of any controlled substance or marijuana, as defined in Code Section 16-13-21, shall report such information to the child's parents and a child welfare agency providing protective services, as designated by the De partment of Human Resources.
(d) When the attendance of the person exercising in loco parentis control over a child is pursuant to the performance of services as a member of the staff of any school, social agency, or similar facility, the reporting person shall notify the person in charge of the facil ity or his designated delegate; and such person or his delegate shall report or cause reports to be made in accordance with this Code section.
(e) An oral report shall be made as soon as possible by telephone or otherwise and shall be followed by a report in writing, if requested, to the child welfare agency providing protec tive services, as designated by the Department of Human Resources. Such report shall con tain the names and addresses of the child and his parents or caretakers, if known, the

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child's age, and the nature and extent of the child's controlled substance or marijuana abuse history, if known.
(f) Any person or persons, partnership, firm, corporation, association, hospital, or other entity participating in the making of a report or causing a report to be made to a child welfare agency providing protective services pursuant to this Code section or any other law or participating in any judicial proceeding or any other proceeding resulting therefrom shall, in doing so, be immune from any civil or criminal liability that might otherwise be incurred or imposed if such participation is pursuant to this Code section or any other law. Any person making a report, whether required by this Code section or not, shall be immune from liability as provided in this subsection.
(g) Any person or official required to report under this Code section shall be exempt from reporting any information received from the child during a counseling or treatment program.
(h) The child welfare agency providing protective services, as designated by the Depart ment of Human Resources, shall forward a copy of all reports wherein the reporting person or official has actual knowledge that a child under the age of 18 has unlawfully consumed or otherwise used any controlled substance or marijuana to the juvenile court. As used in this subsection, the term 'juvenile court' means the court exercising jurisdiction over juvenile matters, as defined under Code Section 15-11-2, in the county where the report was made."
Section 2. Article 2 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to records of child abuse and deprivation, is amended by striking said article in its entirety and inserting in lieu thereof a new Article 2 to read as follows:
"ARTICLE 2
49-5-40. Each and every record concerning reports of child abuse and neglect and child controlled substance or marijuana abuse which is in the custody of the department or other state or local agency is declared to be confidential, and access thereto is prohibited except as provided in Code Section 49-5-41.
49-5-41. (a) Notwithstanding Code Section 49-5-40, the following persons or agencies shall have reasonable access to such records concerning reports of child abuse and depriva tion and child controlled substance or marijuana abuse:
(1) A legally mandated, public or private, child protective agency investigating a report of known or suspected child abuse or deprivation or child controlled substance or marijuana abuse or treating a child or family which is the subject of a report or record;
(2) A court, by subpoena, upon its finding that access to such records may be necessary for determination of an issue before such court; provided, however, that the court shall ex amine such record in camera, unless the court determines that public disclosure of the infor mation contained therein is necessary for the resolution of an issue then before it and the record is otherwise admissible under the rules of evidence;
(3) A grand jury by subpoena upon its determination that access to such records is necessary in the conduct of its official business; and
(4) A district attorney of any judicial circuit in this state or any assistant district attor ney who may seek such access in connection with official duty.
(b) The department or a county or other state or local agency may permit access to such records concerning reports of child abuse and deprivation or child controlled substance or marijuana abuse to the following persons or agencies when deemed appropriate by such department:
(1) A physician who has before him a child whom he reasonably suspects may be abused or deprived or suffering from child controlled substance or marijuana abuse;
(2) Police or other law enforcement agency investigating a report of known or suspected child abuse or deprivation or child controlled substance or marijuana abuse;

TUESDAY, FEBRUARY 24, 1987

1053

(3) A person legally authorized to place a child in protective custody when such person has before him a child he reasonably suspects may be abused or deprived or suffering from child controlled substance or marijuana abuse and such person requires the information in the record or report in order to determine whether to place the child in protective custody; and
(4) An agency or person, other than a child's parent or guardian, having the legal cus tody, responsibility, or authorization to care for, treat, or supervise the child who is the subject of a report or record.
49-5-42. The board may adopt rules and regulations not inconsistent with this article.
49-5-43. Nothing in this article is intended to conflict with any provision of federal law or to result in the loss or denial of federal funds. The board shall adopt rules and regula tions necessary to prevent conflict with federal law or the loss of federal funds.
49-5-44. Any person who authorizes or permits any person or agency not listed in Code Section 49-5-41 to have access to such records concerning reports of child abuse and depri vation or child controlled substance or marijuana abuse declared confidential by Code Sec tion 49-5-40 shall be guilty of a misdemeanor."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Senator Kidd of the 25th offered the following amendment:
Amend the substitute to SB 121 offered by the Senate Committee on Special Judiciary by adding quotation marks at the end of line 23 of page 3.
By striking in their entirety lines 24 through 34 on page 3, which read as follows:
"(h) The child welfare agency providing protective services, as designated by the De partment of Human Resources, shall forward a copy of all reports wherein the reporting person or official has actual knowledge that a child under the age of 18 has unlawfully con sumed or otherwise used any controlled substance or marijuana to the juvenile court. As used in this subsection, the term 'juvenile court' means the court exercising jurisdiction over jmuvaednei.l'e" matters, as defined under Code Section 15-11-2, in the county where the report was
On the adoption of the amendment, the yeas were 15, nays 26, and the amendment was lost.
Senator Kidd of the 25th offered the following amendment:
Amend the substitute to SB 121 offered by the Senate Committee on Special Judiciary by striking from Section 1 beginning on line 11 of page 2 the following:
"and a child welfare agency providing protective services, as designated by the Depart ment of Human Resources.",
and inserting in lieu thereof the following:
"and the local school superintendent."
By striking from Section 1 beginning on line 20 of page 2 the following:
"and a child welfare agency providing protective services, as designated by the Depart ment of Human Resources.",
and inserting in lieu thereof the following:
"and the local school superintendent."

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By striking from Section 1 beginning on line 33 of page 2 the following:
"to the child welfare agency providing protective services, as designated by the Depart ment of Human Resources.",
and inserting in lieu thereof the following:
"to the local school superintendent."
By striking from Section 1 beginning on line 10 of page 3 the following:
"a child welfare agency providing protective services",
and inserting in lieu thereof the following:
"a local school superintendent".
By adding quotation marks at the end of line 23 of page 3.
By striking in their entirety lines 24 through 34 on page 3, which read as follows:
"(h) The child welfare agency providing protective services, as designated by the De partment of Human Resources, shall forward a copy of all reports wherein the reporting person or official has actual knowledge that a child under the age of 18 has unlawfully con sumed or otherwise used any controlled substance or marijuana to the juvenile court. As used in this subsection, the term 'juvenile court' means the court exercising jurisdiction over jmuvaednei.l'e" matters, as defined under Code Section 15-11-2, in the county where the report was

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:

Brannon Broun of 46th Brown of 47th
^ryfnt BCouvrteorndell Deal Engram Fincher

Harrison Hudgins Huggins
Kidd TLangf,ord, McGill Newbill Peevy

Perry Scott of 2nd Scott of 36th
Shumake S,,.tumb, augh, Tate Tysinger Walker

Those voting in the negative were Senators:

Albert Allgood Baldwin B, arker BrB> oarwneens Coleman
Crumbley
Dawkins
Dean

Echols Edge English Foster nuarner
Glllls
Harris
Hine
Land

McKenzie Olmstead Phillips Ragan DKay* Starr
Timmons
Tolleson
Turner

Not voting were Senators Howard and Kennedy (presiding).

TUESDAY, FEBRUARY 24, 1987

1055

On the adoption of the amendment, the yeas were 25, nays 28, and the amendment was lost.
On the adoption of the substitute, the yeas were 41, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean

Echols Edge English Engram Fincher Foster Garner Gillis Harris Harrison Hine Hudgins Huggins Land Langford McGill

McKenzie Newbill Olmstead Perry Phillips Ragan Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Tolleson Turner Tysinger Walker

Voting in the negative were Senators Kidd and Peevy. Those not voting were Senators:

Howard Kennedy (presiding)

Shumake

Timmons

On the passage of the bill, the yeas were 49, nays 2.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Barnes of the 33rd moved that SB 121 be immediately transmitted to the House.
On the motion, the yeas were 30, nays 0; the motion prevailed, and SB 121 was immedi ately transmitted to the House.
Senator McGill of the 24th introduced the Washington-Wilkes High School football team and coaches who were commended by SR 116, adopted previously.

1056

JOURNAL OF THE SENATE

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 328. By Representatives Murphy of the 18th, Connell of the 87th, Lee of the 72nd, Edwards of the 112th, Groover of the 99th and Walker of the 115th:
A resolution relative to adjournment.
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 169. By Representatives Parham of the 105th, Parrish of the 109th, Cooper of the 20th, Atkins of the 21st and Twiggs of the 4th:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change the listing of certain controlled substances and dangerous drugs; to make certain activities illegal and provide penalties therefor.
The Speaker has appointed on the part of the House, Representatives Parham of the 105th, Porter of the 119th and Ramsey of the 3rd.
The House has passed by the requisite constitutional majority the following bills of the House:
HB 953. By Representatives Groover of the 99th and Murphy of the 18th:
A bill to amend Chapter 62 of Title 36 of the Official Code of Georgia Annotated, relating to development authorities, so as to provide that a development author ity may dispose of any real property for fair market value, regardless of prior development of such property as a project, whenever the board of directors of the authority may deem such disposition to be in the best interests of the authority.
HB 835. By Representative Wilder of the 21st:
A bill to amend Part 10 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to miscellaneous liens, so as to provide for a lien in favor of persons, firms, and corporations engaged in the business of altering or repairing clothing or shoes.
The House insists on its position in substituting the following bill of the Senate:
SB 118. By Senators Coleman of the 1st, Huggins of the 53rd and Bryant of the 3rd:
A bill to amend Code Section 32-3-1 of the Official Code of Georgia Annotated, relating to the acquisition of property or an interest therein for public road and other transportation purposes, so as to define when property or an interest therein may be acquired for future public road purposes; to provide an effective date.

TUESDAY, FEBRUARY 24, 1987

1057

The following bills of the House were read the first time and referred to committees:
HB 835. By Representative Wilder of the 21st:
A bill to amend Part 10 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to miscellaneous liens, so as to provide for a lien in favor of persons, firms, and corporations engaged in the business of altering or repairing clothing or shoes.
Referred to Committee on Industry and Labor.
HB 953. By Representatives Groover of the 99th and Murphy of the 18th:
A bill to amend Chapter 62 of Title 36 of the Official Code of Georgia Annotated, relating to development authorities, so as to provide that a development author ity may dispose of any real property for fair market value, regardless of prior development of such property as a project, whenever the board of directors of the authority may deem such disposition to be in the best interests of the authority.
Referred to Committee on Urban and County Affairs (General).
The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:
HB 508. By Representatives Ware of the 77th, Wood of the 9th, Workman of the 51st and others:
A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance rates and rate making, so as to authorize the Commissioner of Insurance to approve property or casualty insurance rates, policies, or contracts prior to their use upon a determination that a lack of com petition or availability exists.
Senate Sponsor: Senator Stumbaugh of the 55th.
The Senate Committee on Insurance offered the following substitute to HB 508:
A BILL
To be entitled an Act to amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance, so as to provide for an insur ance consumer advocate to participate in certain rate filings; to provide for the appoint ment, qualifications, and compensation of the insurance consumer advocate; to provide for annual review by committees of the Senate and the House of Representatives; to restrict a person formerly employed as insurance consumer advocate from direct or indirect employ ment by an insurance company for a certain time period; to prohibit a person employed as insurance consumer advocate from holding a state or local elected office; to provide penal ties; to provide for the powers, duties, and responsibilities of the insurance consumer advo cate; to provide for serving notice on the insurance consumer advocate by the Commissioner of Insurance; to provide for staff, employees, and the use of technical assistants; to provide for construction; to provide for surcharges to be assessed on all insurance policies issued in this state; to provide for the collection of such surcharges by the Commissioner of Insur ance; to provide for intent; to provide for automatic repeal; to provide for matters relative to the foregoing; to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance rates and rate making, so as to authorize the Commis sioner of Insurance to approve property or casualty insurance rates, policies, or contracts prior to their use upon a determination that a lack of competition or availability exists; to authorize the Commissioner to implement by order a plan to provide insurance coverages to citizens of this state by equitable apportionment among all property and casualty insurers licensed to transact those types of insurance; to provide that insurance rates, rating plans,

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JOURNAL OF THE SENATE

rating systems, and underwriting rules must be filed with the Commissioner at least 45 days prior to any indicated effective date and will not become effective unless so filed; to require the Commissioner to order an examination to determine the accuracy of claim reserves and claim reserve practices of an insurer when a rate filing results in any overall rate increase of 25 percent or more in any 12 month period; to authorize examinations in other rate filings; to prohibit the use of such rate until the examination is completed; to provide a time limit for review and certification of such examination; to provide for assessments against the par ties of costs incurred by the Commissioner in conducting hearings; to authorize the Commis sioner to prepare a study evaluating the impact of certain changes in the civil law and to contract with parties to aid in the preparation of such study; to provide that insurers shall furnish data required for such study; to provide that the results of such study shall be fur nished to the General Assembly; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance, is amended by designating Code Sections 33-1-1 through 33-1-14 as Article 1 and by adding a new Article 2 to read as follows:
"ARTICLE 2
33-1-20. (a) There is created the position of insurance consumer advocate, which shall be attached for administrative purposes only, as that term is defined in Code Section 50-4-3, to the Office of Planning and Budget. The advocate shall be appointed by the Gover nor and shall serve at his pleasure. The advocate shall be a practicing attorney qualified by knowledge and experience to practice in proceedings related to rate filings and insurance companies. The advocate shall receive compensation in an amount to be determined by the Governor. In addition to such compensation, the advocate shall also receive reimbursement for his reasonable and necessary expenses incurred in the performance of his duties, as pro vided by law for state employees. No person employed as insurance consumer advocate shall engage in the private practice of law while employed as insurance consumer advocate. The actions of the advocate shall be reviewed annually by the appropriate committees of the House of Representatives and the Senate.
(b) During the period of his employment and for a period of three years following the termination of his employment, it shall be unlawful for any person employed as insurance consumer advocate to provide legal services directly or indirectly to, or be employed in any capacity by, an insurance company or its parent or subsidiary companies, corporations, or cooperatives; but such person may otherwise engage in the private practice of law after the termination of his employment as insurance consumer advocate. During the period of his employment and for a period of two years following the termination of his employment, it shall be unlawful for any person employed as insurance consumer advocate to hold any elected office of this state or of any county, municipality, or other political subdivision of this state. Any person who violates this subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years or by a fine of not more than $5,000.00, or both.
33-1-21. (a) The advocate shall be entitled to appear, as a party or otherwise, on behalf of insureds, policyholders, and citizens of this state in any proceeding before the Commissioner involving any insurance rate filing which would result in a rate increase of 10 percent or more within any 12 month period.
(b) The advocate shall be authorized in the same representative capacity to initiate or intervene as of right or otherwise appear in any judicial proceeding involving or arising out of any proceeding in which the advocate is authorized to appear under subsection (a) of this Code section.
33-1-22. (a) In addition to other requirements of service and notice imposed by law, a copy of any application, correspondence, complaint, pleading, paper, or notice to or issued by the Commissioner shall also be served on the advocate. The Commissioner shall not pro ceed to hear or determine any petition, complaint, or proceeding in which the advocate is

TUESDAY, FEBRUARY 24, 1987

1059

entitled to appear unless it shall affirmatively appear that the advocate was given at least 15 days' written notice thereof, unless such notice is affirmatively waived in writing or the ad vocate appears and specifically waives such notice.
(b) The advocate is authorized to take depositions and obtain discovery of any matter which is not privileged and which is relevant to the subject matter involved in any proceed ing or petition before the Commissioner in the same manner and subject to the same proce dures which would otherwise be applicable if such proceeding was then pending before a superior court. The superior courts and the judges and clerks thereof are authorized to issue all orders, injunctions, and subpoenas and to take all actions necessary to carry out this subsection.
33-1-23. The advocate is authorized to employ such assistants as may be needed and is authorized to employ and fix the compensation of such consultants, expert witnesses, ac countants, attorneys, investigators, stenographers, or other technical or clerical assistance as may be necessary to carry out the duties of the office. The compensation of the advocate and such staff shall be paid from state funds appropriated or otherwise made available for such purposes.
33-1-24. Services of all consultants, actuaries, experts, accountants, and other techni cal assistants employed by the Commissioner shall be available to the advocate in the per formance of the duties of the office; and such consultants, actuaries, experts, accountants, and technical assistants shall make such appraisals and audits as the advocate, with the approval of the Commissioner, may request. The advocate and the staff of the advocate shall have access to all records, files, reports, documents, and other information in the pos session or custody of the Commissioner to the same extent as the deputies and staff of the Commissioner have access thereto and subject to the same limitations imposed on the use thereof by the Commissioner and the deputies and staff of the Commissioner. The Commis sioner shall have access to all records, files, reports, documents, and other information in the possession or custody of the insurance consumer advocate to the same extent as the staff of the insurance consumer advocate.
33-1-25. This article shall not be construed to prevent any party interested in any proceeding or action before the Commissioner or any court from appearing in person or by counsel in such proceeding or action.
33-1-26. (a) On and after July 1, 1987, there shall be assessed on each policy of insur ance issued in this state a surcharge of 25<t to be paid by the policyholder and remitted to the insurer at the time of payment of the first premium for such policy.
(b) The Commissioner shall collect from insurers the surcharges imposed by subsec tion (a) of this Code section on a quarterly basis, at the same time and in the same manner as provided for installment payments of premium taxes under Code Section 33-8-6.
(c) It is the intent of this Code section to provide a means of funding the position of the insurance consumer advocate created by this article. It is not, however, the intent of this Code section to allocate funds in violation of Article VII, Section III, Paragraph II of the Constitution.
33-1-27. This article shall stand repealed in its entirety on July 1, 1990."
Section 2. Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance rates and rate making, is amended by redesignating subsection (e) of Code Section 33-9-8, relating to the requirement of agreements among admitted insur ers for the apportionment of property and casualty insurance, as subsection (f) and inserting a new subsection (e) to read as follows:
"(e) Whenever the Commissioner determines that a lack of competition or a lack of availability exists in this state in either property or casualty insurance, the Commissioner is

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authorized to protect the health, property, and welfare of the citizens of this state by exer cising the following authority:
(1) The Commissioner shall approve all rates contemplated to be used under this Code section prior to their use;
(2) The Commissioner shall approve any policies or contracts used pursuant to any agreement or plan established under this Code section and such policies or contracts shall be used exclusively in this state for those kinds of insurance. The use by any person of any policies or contracts which are different from those established in accordance with this Code section shall be prohibited; and
(3) The Commissioner may by order implement a plan or program to provide the nec essary insurance coverages to the citizens of this state by equitable apportionment among all property and casualty insurers licensed to transact those kinds of insurance in this state."
Section 3. Said chapter is further amended by striking Code Section 33-9-21, relating to the filing of rates, rating plans, rating systems, underwriting rules, and policy and bond forms by insurers, and inserting in lieu thereof a new Code Section 33-9-21 to read as follows:
"33-9-21. (a) Every insurer shall maintain with the Commissioner copies of the rates, rating plans, rating systems, underwriting rules, and policy or bond forms used by it. The maintenance of rates, rating plans, rating systems, underwriting rules, and policy or bond forms with the Commissioner by a licensed rating organization of which an insurer is a member or subscriber will be sufficient compliance with this Code section for any insurer maintaining membership or subscriberships in such organization, to the extent that the in surer uses the rates, rating plans, rating systems, underwriting rules, and policy or bond forms of such organization; provided, however, the Commissioner may when he deems it necessary, without compliance with the rule-making procedures of this title or Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act':
(1) Require any domestic, foreign, and alien insurer to file the required rates, rating plans, rating systems, underwriting rules, and policy or bond forms used independent of any filing made on its behalf or as a member of a licensed rating organization, as he shall deem to be necessary to ensure compliance with the standards of this chapter and Code Section 34-9-130 and for the best interests of the citizens of this state; and
(2) Require any domestic, foreign, and alien insurer, writing or authorized to write workers' compensation insurance in this state, to file such insurer's own individual rate fil ing for premium rates to be charged for workers' compensation insurance coverage written in this state. Such premium rates shall be developed and established based upon each indi vidual insurer's experience in the State of Georgia to the extent actuarially credible. The experience filed shall include the loss ratios, reserves, reserve development information, ex penses including commissions paid and dividends paid, investment income, pure premium data adjusted for loss development and loss trending, profits, and all other data and infor mation used by that insurer in formulating its workers' compensation premium rates which are used in this state and any other information or data required by the Commissioner. The Commissioner is authorized to accept such rate classifications as are reasonable and neces sary for compliance with this chapter.
(b) Any domestic, foreign, or alien insurer that is authorized to write insurance in this state must file with the Commissioner any rate, rating plan, rating system, or underwriting rule at least 45 days prior to any indicated effective date. No rate, rating plan, rating sys tem, or underwriting rule will become effective, nor may any premium be collected by any insurer thereunder, unless the filing has been received by the Commissioner in his office not less than 45 days prior to its effective date.
(c) When a rate filing of an insurer required in this Code section results in any overall rate increase of 25 percent or more within any 12 month period, the Commissioner shall order an examination of that insurer to determine the accuracy of the claim reserves, the applicability of the claim reserve practices for the loss data used in support of such filing,

TUESDAY, FEBRUARY 24, 1987

1061

and any other component of the rate filing. In all other rate filings required in this Code section, the Commissioner may order an examination of that insurer as provided in this subsection. Such examination shall be conducted in accordance with the provisions of Chap ter 2 of this title. Upon notification by the Commissioner of his intent to conduct such examination, the insurer shall be prohibited from placing the rates so filed in effect until such examination has been reviewed and certified by the Commissioner as being complete. Such examination, if conducted by the Commissioner, shall be reviewed and certified within 90 days of the date such rate, rating plan, rating system, or underwriting rule is filed; pro vided, however, if the Commissioner makes an affirmative finding that the examination may not be completed within the 90 day period, he may extend said time for an additional 60 days."
Section 4. Said chapter is further amended by adding immediately following Code Section 33-9-28, relating to hearings by the Commissioner upon failure of an insurer to cor rect noncompliance, a new Code Section 33-9-28.1 to read as follows:
"33-9-28.1. The costs incurred by the Commissioner in conducting any hearing under this chapter may be assessed against the parties to the hearing in such proportion as the Commissioner may determine upon consideration of all relevant circumstances including, but not limited to, the nature of the hearing; whether the hearing was instigated by or for the benefit of a particular party or parties; whether there is a successful party on the merits of the proceeding; and the relative levels of participation by the parties. For purposes of this Code section, costs incurred shall include payments made by the Commissioner to obtain the services of independent contractors or outside experts and travel expenses of such con tractors or experts. The Commissioner shall make the assessment of costs incurred as part of the final order or decision arising out of the proceeding: provided, however, that any order or decision shall include findings and conclusions of the Commissioner or his designee to support the assessment of costs."
Section 5. Said chapter is further amended by adding a new Code Section 33-9-41 to read as follows:
"33-9-41. (a) Any legislative changes enacted by the General Assembly in 1987 re garding modifications in Georgia civil law may have a prospective effect upon the loss expe rience of insurers subject to this title and the Commissioner is authorized to prepare a study evaluating the effects such civil law change may have based on claims data for the previous two years.
(b) The Commissioner is authorized to enter into any agreement with any corporation, association, or other entity, as deemed appropriate, to undertake the process described in subsection (a) of this Code section for the compilation and analysis of the data collected by the department.
(c) The Commissioner shall require and all insurers licensed in this state shall furnish such information or data to the Insurance Department as required to complete this study.
(d) The Commissioner shall furnish the results of the study authorized by this Code section to the General Assembly."
Section 6. All laws and parts of laws in conflict with this Act are repealed.
Senator Stumbaugh of the 55th offered the following substitute to HB 508:
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 rates and rate making, so as to authorize the Commissioner of Insurance to approve property or casualty insurance rates, policies, or contracts prior to their use upon a determination that a lack of competition or availability exists; to authorize the Commissioner to implement by order a plan to provide insurance coverages to citizens of this state by equitable apportionment among all property and casu alty insurers licensed to transact those types of insurance; to provide that insurance rates,

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rating plans, rating systems, and underwriting rules must be filed with the Commissioner at least 45 days prior to any indicated effective date and will not become effective unless so filed; to require the Commissioner to order an examination to determine the accuracy of claim reserves and claim reserve practices of an insurer when a rate filing results in any overall rate increase of 15 percent or more in any 12 month period; to authorize examina tions in other rate filings; to prohibit the use of such rate until the examination is com pleted; to provide a time limit for review and certification of such examination; to provide for assessments against the parties of costs incurred by the Commissioner in conducting hearings; to authorize the Commissioner to prepare a study evaluating the impact of certain changes in the civil law and to contract with parties to aid in the preparation of such study; to provide that insurers shall furnish data required for such study; to provide that the re sults of such study shall be furnished to the General Assembly; 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 rates and rate making, is amended by redesignating subsection (e) of Code Section 33-9-8, relating to the requirement of agreements among admitted insur ers for the apportionment of property and casualty insurance, as subsection (f) and inserting a new subsection (e) to read as follows:
"(e) Whenever the Commissioner determines that a lack of competition or a lack of availability exists in this state in either property or casualty insurance, the Commissioner is authorized to protect the health, property, and welfare of the citizens of this state by exer cising the following authority:
(1) The Commissioner shall approve all rates contemplated to be used under this Code section prior to their use;
(2) The Commissioner shall approve any policies or contracts used pursuant to any agreement or plan established under this Code section and such policies or contracts shall be used exclusively in this state for those kinds of insurance. The use by any person of any policies or contracts which are different from those established in accordance with this Code section shall be prohibited; and
(3) The Commissioner may by order implement a plan or program to provide the nec essary insurance coverages to the citizens of this state by equitable apportionment among all property and casualty insurers licensed to transact those kinds of insurance in this state."
Section 2. Said chapter is further amended by striking Code Section 33-9-21, relating to the filing of rates, rating plans, rating systems, underwriting rules, and policy and bond forms by insurers, and inserting in lieu thereof a new Code Section 33-9-21 to read as follows:
"33-9-21. (a) Every insurer shall maintain with the Commissioner copies of the rates, rating plans, rating systems, underwriting rules, and policy or bond forms used by it. The maintenance of rates, rating plans, rating systems, underwriting rules, and policy or bond forms with the Commissioner by a licensed rating organization of which an insurer is a member or subscriber will be sufficient compliance with this Code section for any insurer maintaining membership or subscriberships in such organization, to the extent that the in surer uses the rates, rating plans, rating systems, underwriting rules, and policy or bond forms of such organization; provided, however, the Commissioner may when he deems it necessary, without compliance with the rule-making procedures of this title or Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act':
(1) Require any domestic, foreign, and alien insurer to file the required rates, rating plans, rating systems, underwriting rules, and policy or bond forms used independent of any filing made on its behalf or as a member of a licensed rating organization, as he shall deem to be necessary to ensure compliance with the standards of this chapter and Code Section 34-9-130 and for the best interests of the citizens of this state; and

TUESDAY, FEBRUARY 24, 1987

1063

(2) Require any domestic, foreign, and alien insurer, writing or authorized to write workers' compensation insurance in this state, to file such insurer's own individual rate fil ing for premium rates to be charged for workers' compensation insurance coverage written in this state. Such premium rates shall be developed and established based upon each indi vidual insurer's experience in the State of Georgia to the extent actuarially credible. The experience filed shall include the loss ratios, reserves, reserve development information, ex penses including commissions paid and dividends paid, investment income, pure premium data adjusted for loss development and loss trending, profits, and all other data and infor mation used by that insurer in formulating its workers' compensation premium rates which are used in this state and any other information or data required by the Commissioner. The Commissioner is authorized to accept such rate classifications as are reasonable and neces sary for compliance with this chapter.
(b) Any domestic, foreign, or alien insurer that is authorized to write insurance in this state must file with the Commissioner any rate, rating plan, rating system, or underwriting rule at least 45 days prior to any indicated effective date. No rate, rating plan, rating sys tem, or underwriting rule will become effective, nor may any premium be collected by any insurer thereunder, unless the filing has been received by the Commissioner in his office not less than 45 days prior to its effective date.
(c) When a rate filing of an insurer required in this Code section results in any overall rate increase of 15 percent or more within any 12 month period, the Commissioner shall order an examination of that insurer to determine the accuracy of the claim reserves, the applicability of the claim reserve practices for the loss data used in support of such filing, and any other component of the rate filing. In all other rate filings required in this Code section, the Commissioner may order an examination of that insurer as provided in this subsection. Such examination shall be conducted in accordance with the provisions of Chap ter 2 of this title. Upon notification by the Commissioner of his intent to conduct such examination, the insurer shall be prohibited from placing the rates so filed in effect until such examination has been reviewed and certified by the Commissioner as being complete. Such examination, if conducted by the Commissioner, shall be reviewed and certified within 90 days of the date such rate, rating plan, rating system, or underwriting rule is filed; pro vided, however, if the Commissioner makes an affirmative finding that the examination may not be completed within the 90 day period, he may extend said time for an additional 60 days."
Section 3. Said chapter is further amended by adding immediately following Code Section 33-9-28, relating to hearings by the Commissioner upon failure of an insurer to cor rect noncompliance, a new Code Section 33-9-28.1 to read as follows:
"33-9-28.1. The costs incurred by the Commissioner in conducting any hearing under this chapter may be assessed against the parties to the hearing in such proportion as the Commissioner may determine upon consideration of all relevant circumstances including, but not limited to, the nature of the hearing; whether the hearing was instigated by or for the benefit of a particular party or parties; whether there is a successful party on the merits of the proceeding; and the relative levels of participation by the parties. For purposes of this Code section, costs incurred shall include payments made by the Commissioner to obtain the services of independent contractors or outside experts and travel expenses of such con tractors or experts. The Commissioner shall make the assessment of costs incurred as part of the final order or decision arising out of the proceeding; provided, however, that any order or decision shall include findings and conclusions of the Commissioner or his designee to support the assessment of costs."
Section 4. Said chapter is further amended by adding a new Code Section 33-9-41 to read as follows:
"33-9-41. (a) Any legislative changes enacted by the General Assembly in 1987 re garding modifications in Georgia civil law may have a prospective effect upon the loss expe rience of insurers subject to this title and the Commissioner is authorized to prepare a study

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evaluating the effects such civil law change may have based on claims data for the previous two years.
(b) The Commissioner is authorized to enter into any agreement with any corporation, association, or other entity, as deemed appropriate, to undertake the process described in subsection (a) of this Code section for the compilation and analysis of the data collected by the department.
(c) The Commissioner shall require and all insurers licensed in this state shall furnish such information or data to the Insurance Department as required to complete this study.
(d) The Commissioner shall furnish the results of the study authorized by this Code section to the General Assembly."
Section 5. All laws and parts of laws in conflict with this Act are repealed.
Senator Crumbley of the 17th offered the following amendment: Amend the substitute to HB 508 offered by Senator Stumbaugh of the 55th by striking on page 1, line 18, "15"
and inserting "25".
On the adoption of the amendment, the yeas were 36, nays 3, and the amendment was adopted.
Senator Allgood of the 22nd offered the following amendment: Amend the substitute to HB 508 offered by Senator Stumbaugh of the 55th by striking on line 1, page 5, the number "15"
and inserting in lieu thereof the number "25".
On the adoption of the amendment, the yeas were 32, nays 2, and the amendment was adopted.
On the adoption of the substitute to HB 508 offered by the Senate Committee on Insur ance, the yeas were 0, nays 44, and the substitute was lost.
On the adoption of the substitute to HB 508 offered by Senator Stumbaugh of the 55th, the yeas were 40, nays 0, and the substitute was adopted as amended.
Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced that, pursuant to Senate Rule 143, consideration of the substitute and the bill will be sus pended and placed on the Senate General Calendar.
Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced that the Senate would stand in recess from 12:13 o'clock P.M. until 1:30 o'clock P.M. today.
At 1:30 o'clock P.M., the President called the Senate to order.

TUESDAY, FEBRUARY 24, 1987

1065

The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:
SB 345. By Senators Mine of the 52nd, Garner of the 30th, Howard of the 42nd and others:
A bill to amend Chapter 7 of Title 28 of the Official Code of Georgia Annotated, relating to lobbying and registered agents, so as to prohibit registered agents from using the name of the person or the name of any member of the firm, cor poration, association, or organization whom such registered agent represents in any written correspondence to any member of the General Assembly without cer tain express, written authorization.
The Senate Committee on Governmental Operations offered the following substitute to SB 345:
A BILL
To be entitled an Act to amend Chapter 7 of Title 28 of the Official Code of Georgia Annotated, relating to lobbying and registered agents, so as to prohibit registered agents and certain other persons from signing the name of any person, firm, corporation, associa tion, or organization in any written correspondence or other document to any member of the General Assembly without certain express, written authorization; to provide for the length of validity of such authorization; to provide for revocation of registration under certain cir cumstances; to provide for revocation procedures; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 7 of Title 28 of the Official Code of Georgia Annotated, relating to lobbying and registered agents, is amended by adding at the end thereof a new Code section, to be designated Code Section 28-7-6, to read as follows:
"28-7-6. (a) No person who is a registered agent pursuant to the requirements of Code Section 28-7-2 and no person under the direction of such registered agent shall be author ized to sign the name of any person or the name of any firm, corporation, association, or organization in any written correspondence or other document to any member of the Gen eral Assembly without the express, written authorization of such person, firm, corporation, association, or organization to use such name. Such authorization shall be valid for only one regular or extraordinary session of the legislature.
(b) The registration of such registered agent shall be revoked by the Secretary of State for a period of one year upon any violation of subsection (a) of this Code section by such registered agent or by any person under the direction of such registered agent.
(c) Notice, rules of procedure, right to review, and any other matters arising with re spect to all license revocation proceedings conducted by the Secretary of State shall be de termined in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Before the Secretary of State shall revoke registration, the Secretary of State shall provide for a hearing for the holder of such registration in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Any person who has exhausted all available administrative remedies and who is aggrieved by a final decision in a contested case is entitled to judicial review in accordance with Chapter 13 of Title 50."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the President ordered a roll call, and the vote was as follows:

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JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Brannon Brown of 47th Burton Coleman Coverdell Crumbley Dean

Echols Edge English Engram Garner Gillis Hine Howard Huggins Kennedy

Kidd Newbill Olmstead Peevy Perry Ragan Ray Scott of 2nd Scott of 36th Turner

Those not voting were Senators:

Barker Barnes
Bowen Brantf *****

Harris Harrison
Hudgins La"d

Dawkins Deal Fincher Foster

Langford McGill McKenzie Phillips

Shumake Starr Stumbaugh Tat6
Timmons Tolleson Tysinger Walker (excused)

On the adoption of the substitute, the yeas were 30, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Brannon Brown of 47th Burton CCoruvmerbdleelyl
Dean
Echols
Edge

English Engram Fincher Garner Gillis Hine HHuogwgairnds
Kennedy
Kidd
Newbill

Olmstead Peevy Perry Phillips Ragan p S"caoytt of 2nd
Scott of 36th
Starr
Turner

Those not voting were Senators:

Barker Barnes Bowen Broun of 46th BCoryleamntan
Dawkins
Deal

Foster Harris Harrison Hudgins LLaanngdford
McGill
McKenzie

Shumake Stumbaugh Tate Timmons
Tolleson Tysinger Walker (excused)

On the passage of the bill, the yeas were 32, nays 0.

TUESDAY, FEBRUARY 24, 1987

1067

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Allgood of the 22nd moved that Senator Walker of the 43rd be excused from the Senate and all roll calls for the afternoon session today due to absence on official business.

On the motion, the yeas were 30, nays 1; the motion prevailed, and Senator Walker of the 43rd was excused from the Senate and all roll calls for the afternoon session today.

The following general bills and resolution of the House and Senate, favorably reported by the committees, were read the third time and put upon their passage:

HB 234. By Representative Bray of the 91st:
A bill to amend Chapter 5 of Title 19 of the Official Code of Georgia Annotated, relating to divorce, so as to provide that in uncontested divorce cases an eviden tiary hearing for the determination of the existence of the grounds for divorce and for the determination of issues of alimony, child support, and child custody and other issues is authorized but not required.
Senate Sponsor: Senator Edge 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 Barnes Brannon Bu,rton CCoovleemrdaenll Crumbley
Dawkins
Deal Dean
Echols

Edge English Engram Fincher Foster Garner ,,.'.U..l8 J Howard
Huggins
Kennedy Kidd
Newbill

Olmstead Peevy Perry Phillips Ragan Ray S,, cott of, 2nd, Scott of 36th
Starr
Tate Turner
Tysinger

Those not voting were Senators:

Barker Bowen Broun of 46th Brown of 47th Bryant Harris

Harrison Hine Hudgins Land Langford McGill

McKenzie Shumake Stumbaugh Timmons Tolleson Walker (excused)

On the passage of the bill, the yeas were 37, nays 0.

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JOURNAL OF THE SENATE

The bill, having received the requisite constitutional majority, was passed.

HR 9. By Representatives Walker of the 115th, Murphy of the 18th, Coleman of the 118th, Connell of the 87th, McDonald of the 12th and others:
A resolution designating the new lodge and conference center at Little Ocmulgee State Park as the "L. L. (Pete) Phillips Conference Center".
Senate Sponsor: Senator Gillis of the 20th.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Brannon Brown of 47th Burton Coleman Coverdell Crumbley Dawkins Dean Echols Edge

English Engram Fincher Foster Garner
Harrison Hine Howard Huggins Kennedy Kidd McGill

Those not voting were Senators:

Newbill Olmstead Peevy Perry
RS,,_ co.tt. of, 3,,,,6.t,h Shumake Starr Tate Tolleson Turner Tysinger

Barker Bowen Broun of 46th Bryant Deal

Harris Hudgins Land Langford McKenzie

Phillips Scott of 2nd Stumbaugh Timmons Walker (excused)

On the adoption of the resolution, the yeas were 40, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HB 354. By Representative Johnson of the 72nd:
A bill to amend Chapter 20 of Title 47 of the Official Code of Georgia Annotated, known as the "Public Retirement Systems Standards Law", so as to change the provisions relating to definitions; to provide for reduction in cost amendments to retirement bills having a fiscal impact.
Senate Sponsors: Senators Timmons of the llth and Turner of the 8th.

TUESDAY, FEBRUARY 24, 1987

1069

The following Certification, as required by law, was read by the Secretary:

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334

STATE AUDITOR'S CERTIFICATION

TO:

The Honorable Rudolph Johnson, Chairman

House Retirement Committee

FROM:

G. W. Hogan, State Auditor

DATE:

January 26, 1987

SUBJECT: Legislative Bill (LC 7-6479) HB 354 Public Retirement Systems Standards Law

This Bill would amend the "Public Retirement Systems Standards Law" to provide for the following changes:

1. Expands the definitions of "local governing authority" and "political subdivision" to include local boards of education and local school districts.
2. Clarifies the definition of "fiscal" and "nonfiscal" retirement bills and defines "reduc tion in cost amendments".
3. Revises the section relating to amendments of nonfiscal retirement bills to clarify the provisions and removes the requirement that the State Auditor certify in writing that the bill resulting after an amendment has been removed remains nonfiscal.
4. Increases the time allowed for committee perfection of a fiscal bill by one month and would permit the presiding officers of the House and Senate to authorize more than the currently permitted 5 days of meetings if necessary. In addition, provides that the House and Senate Committees can adopt appropriate procedures for meetings at which both com mittees are present.
5. Revises the provisions relating to actuarial investigations of Fiscal Impact Bills that reduces the number of factors to be considered from 10 to 5. The Bill: consolidates actuarial investigation reporting requirements for new systems and the impact on existing systems; eliminates requirements for evaluation of the adequacy of the current employer rate and only requires a recommended rate resulting from the bill; requires that the results of an actuarial investigation be submitted to the requesting committee chairman by December 1 of the year requested; and eliminates the requirement that the summary presented to the committee identify the bill by LC number and contain a warning that any change would invalidate the investigation.
6. Permits cost reducing amendments to fiscal impact bills in addition to nonfiscal amendments and removes the requirement that State Auditor certify in writing that the bill resulting after an amendment has been removed is identical to the original bill.
7. Requires that the State Auditor report to the Secretary of State by the 15th day following the last day possible for veto if concurrent funding has been provided for all fiscal bills as required. The Secretary of State would be required to publish the report in the Annual Session Laws.

This is to certify that this is a nonfiscal retirement bill.
1st G. W. Hogan State Auditor

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JOURNAL OF THE SENATE

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen Brannon Broun of 46th Brown of 47th Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols

Edge English Engram Fincher Foster Garner Gillis Harris Harrison Hine Howard Huggins Kennedy Kidd Land McGill

McKenzie Newbill Olmstead Peevy Perry Phillips Ragan Ray Scott of 36th Shumake Starr Stumbaugh Tate Tolleson Turner Tysinger

Those not voting were Senators:

Barker Bryant Hudgins

Langford Scott of 2nd

Timmons Walker (excused)

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 43. By Representatives Steinberg of the 46th, Lee of the 72nd, Walker of the 115th, Smyre of the 92nd, Robinson of the 58th and others:
A bill to amend Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to criminal offenses involving invasion of privacy, so as to provide that it shall be a criminal offense to use or allow use of certain automatic telephone dialing and announcing equipment for purposes of soliciting sales and certain other commercial purposes.
Senate Sponsor: Senator Kidd of the 25th.

The Senate Committee on Governmental Operations offered the following substitute to HB 43:

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 telephone dialing and announcing equipment for certain purposes; to define a certain term; to provide that certain uses or contracting for certain uses of automatic telephone dialing and announcing equipment is unlawful; to provide that certain uses or contracting for certain uses of automatic telephone dialing and announcing equipment is an unfair act or practice in the conduct of consumer transactions; to require the furnishing of certain information in connection with telephone calls made through the use of automatic telephone dialing and announcing equipment; to provide for time limita-

TUESDAY, FEBRUARY 24, 1987

1071

tions upon the use of automatic telephone dialing and announcing equipment; to prohibit the connection or use of automatic telephone dialing and announcing equipment under cer tain circumstances; to provide procedures whereby a person can consent to one or more calls by a person using automatic telephone dialing and announcing equipment; to provide for revocation of consent; to provide for records of consent; to make it unlawful for any person using automatic telephone dialing and announcing equipment to fail to maintain certain records relating to consent or to prevent or hinder an authorized official from inspecting such records; to make it unlawful to use automatic telephone dialing and announcing equip ment for certain purposes unless a permit has been issued for such use; to provide proce dures for the issuance of permits; to provide for fees; to provide for renewal of permits; to provide for enforcement; to provide for applicability with respect to rules or regulations of the Public Service Commission; to provide for other matters relative to the foregoing; to provide exceptions; to provide a penalty; 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 at the end of Code Section 10-1-393, relating to unfair or deceptive practices in consumer transactions, a new subsection (d) to read as follows:
"(d) (1) As used in this subsection, the term 'ADAD equipment' means any device or system of devices which is used, whether alone or in conjunction with other equipment, for the purpose of automatically selecting or dialing telephone numbers and disseminating pre recorded messages to the numbers so selected or dialed.
(2) 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 ADAD equipment for the purpose of advertising 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 conducting polls or soliciting information where:
(A) Consent is not received prior to the initiation of the calls as specified in paragraph (3) of this subsection;
(B) Except as provided in subparagraph (C) of this paragraph, such use is other than between the hours of 9:00 A.M. and 9:00 P.M. on Monday through Friday or other than between the hours of 12:00 P.M. and 6:00 P.M. on Saturday or Sunday;
(C) Such use is on a holiday;
(D) The ADAD equipment is not so designed and equipped with an automatic clock and calendar device or will not operate unattended, even in the event of power failures, to prevent unattended operation in violation of subparagraphs (B) and (C) of this paragraph;
(E) Such use involves either the random or sequential dialing of telephone numbers;
(F) Such use involves calls to telephone numbers which at the request of the customer have been omitted from the telephone directory published by the local exchange company serving the customer or involves calls to hospitals, nursing homes, fire protection agencies, or law enforcement agencies;
(G) The automatic dialing and recorded message player does not automatically and immediately terminate its connection with any telephone call after the person called fails to give consent for the playing of a recorded message or hangs up his or her telephone;
(H) The recorded message fails to state clearly the name and telephone number of the person or organization initiating the call within the first 25 seconds of the call and at the conclusion of the call; or
(I) The telephone number required to be stated in subparagraph (H) of this paragraph is not one which during normal business hours is promptly answered in person by a person

1072

JOURNAL OF THE SENATE

who is an agent of the person on whose behalf the automatic calls are made and who is willing and able to provide information concerning the automatic calls.
(3) (A) A person may give consent to a call made with ADAD equipment when a line operator introduces the call and intent to play a recorded message. Any such consent shall apply only to one particular call and shall not constitute prior consent to receive further calls through the use of such ADAD equipment.
(B) Any person wishing to receive telephone calls through the use of ADAD equip ment shall give his or her written consent to the person using, employing or directing an other person to use, or contracting for the use of such ADAD equipment. A record of such written consent shall be maintained by the person to whom consent is given and shall be made available to the administrator or his authorized representative, without further action, during normal business hours and following reasonable notice. Such consent shall, unless withdrawn, be valid for a period of two years from the date on which it is executed; and such record of written consent shall be maintained by the person to whom consent is given for at least the same period of time. Any consent to receive telephone calls through the use of ADAD equipment shall be void and withdrawn on the fifteenth day following the receipt of a letter withdrawing such consent. It shall be unlawful for any person to whom written consent is given to fail to maintain the record of such written consent for the time period required by this paragraph or to prevent or hinder the administrator or his authorized rep resentative from inspecting any such record of written consent.
(4) It shall be an unfair act or practice in the conduct of consumer transactions and unlawful for any person to connect any ADAD equipment to any telephone line in this state for the purpose of making telephone calls to persons in this state through the use of ADAD equipment unless a permit has been issued for such ADAD equipment by the administrator. Any person desiring to use ADAD equipment in this state shall make application for a per mit to the administrator on forms prescribed by the administrator and shall pay a fee as prescribed by the administrator for such permit. Permits shall be renewed biennially as prescribed by the administrator and upon payment of a renewal fee. The fees charged shall cover the administrative cost for the issuance of such permits.
(5) The provisions of this subsection shall supersede any prior rule, regulation, or or der of the Public Service Commission governing the use of ADAD equipment but shall not prohibit or supersede any future rule, regulation, or order of the Public Service Commission governing the use of ADAD equipment except to the extent that any such rule, regulation, or order directly conflicts with this subsection. The Public Service Commission and the ad ministrator are charged with the responsibility of enforcing this subsection; and the Public Service Commission shall require local exchange companies to file with the Public Service Commission appropriate tariff revisions to implement this subsection. Any person who oper ates or utilizes ADAD equipment in violation of the provisions of this subsection shall be subject to disconnection of telephone service if the violation does not cease within ten days from the date of notification to such person by the local exchange company; and the tariff revisions filed by local exchange companies shall provide for the giving of such notification by local exchange companies and for such disconnection of service.
(6) This subsection shall not prohibit the use of ADAD equipment:
(A) When calls are made with ADAD equipment by a nonprofit organization, or by an individual using such calls other than for commercial profit-making purposes, and the calls do not involve the advertisement or offering for sale, lease, or rental of goods, services, or property;
(B) When calls made with ADAD equipment relate solely to payment for, service of, or warranty coverage of previously ordered or purchased goods or services; or
(C) When calls made with ADAD equipment relate solely to collection of lawful debts.
(7) Any person who violates any provision of this subsection shall be guilty of a misdemeanor."

TUESDAY, FEBRUARY 24, 1987

1073

Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 37, nays 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 Barker Barnes Bowen Brannon Broun of 46th Brown of 47th Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Garner Gillis Harris Harrison Hine Howard Hudgins Huggins Kennedy Kidd Land McGill McKenzie

Newbill Olmstead Peevy Perry Phillips Ragan Ray Scott of 36th Shumake Starr Stumbaugh Tate Timmons Tolleson Turner Tysinger

Voting in the negative was Senator Baldwin.

Those not voting were Senators:

Bryant Langford

Scott of 2nd

Walker (excused)

On the passage of the bill, the yeas were 50, nays 1.

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 305. By Senator Kidd of the 25th:
A bill to amend Code Section 15-9-63 of the Official Code of Georgia Annotated, relating to minimum salaries for judges of the probate courts, so as to change the provisions relating to minimum salaries for judges of the probate courts; to pro vide an effective date.

The Senate Committee on Governmental Operations offered the following substitute to SB 305:
A BILL
To be entitled an Act to amend Code Section 15-9-63 of the Official Code of Georgia Annotated, relating to minimum salaries for judges of the probate courts, so as to change the provisions relating to minimum salaries for judges of the probate courts; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 15-9-63 of the Official Code of Georgia Annotated, relating to

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JOURNAL OF THE SENATE

minimum salaries for judges of the probate courts, is amended by striking in its entirety paragraph (2) of subsection (a) and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) Each such judge of the probate court shall receive an annual salary beginning on January 1, 1988, payable in equal monthly installments from the funds of his county, of not less than the amount fixed in the following schedule:

Population

Minimum Salary

0 -- 5,999 ...............................................$ 6,000 -- 11,999 ............................................... 12,000 -- 19,999 ............................................... 20,000 -- 29,999 ............................................... 30,000 -- 39,999 ............................................... 40,000 -- 49,999 ............................................... 50,000 -- 99,999 ............................................... 100,000 -- 199,999 ............................................... 200,000 -- 294,999 ............................................... 295,000 or more ..................................................

14,579.00 19,252.00 21,385.00 23,625.00 26,138.00 27,569.00 29,668.00 35,692.00 43,832.00 47,775.00"

Section 2. This Act shall become effective January 1, 1988. Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Baldwin Barker Barnes Bowen Brannon Broun of 46th CCB~ooro.vlewemrndaenolfl 47th
Crumbley Dawkins Deal Dean Echols Edge English

Fincher Foster Garner Gillis Harris Harrison iHHHiouinwdegairnd,s
Huggins Kennedy Kidd Land McGill McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan j^ oSG,,ccoon.tt.tt oolfer Q32oC6n^(tdjh,
Shumake btarr Stumbaugh Tate Timmons Tolleson Turner

Those voting in the negative were Senators:

Albert Allgood

Burton

Tysinger

Those not voting were Senators:

Bryant Engram

Langford

Walker (excused)

TUESDAY, FEBRUARY 24, 1987

1075

On the passage of the bill, the yeas were 47, nays 4.

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Scott of the 2nd gave notice that, at the proper time, he would move that the Senate reconsider its action in passing SB 305.

Senator Kennedy of the 4th, President Pro Tempore, resumed the Chair.

SB 158. By Senator Brannon of the 51st:
A bill to amend Code Section 9-13-161 of the Official Code of Georgia Annotated, relating to where and when sales under execution are held, so as to change the provisions relating to time of sales.

The Senate Committee on Special Judiciary offered the following amendment: Amend SB 158 by deleting from lines 17 and 18 of page 1 the following: "or a time to be determined by the sheriff or coroner".

Senator Brannon of the 51st moved that SB 158 be postponed until February 25.

On the motion, the yeas were 33, nays 0; the motion prevailed, and SB 158 was post poned until February 25.

The following resolution of the Senate was read and adopted:

SR 166. By Senators Kennedy of the 4th, Allgood of the 22nd, Gillis of the 20th and 52 other Senators:
A resolution congratulating Honorable Zell Miller upon the occasion of his birthday.

The following general bills of the Senate and House, favorably reported by the commit tees, were read the third time and put upon their passage:

HB 355. By Representatives Connell of the 87th, Johnson of the 72nd and Buck of the 95th:
A bill to amend Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Firemen's Pension Fund, so as to delete certain provisions relating to eligibility to make application for membership in the fund, provisions which expired on November 1, 1984.
Senate Sponsor: Senator Timmons of the llth.

The following Certification, as required by law, was read by the Secretary:

TO: FROM:

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334
STATE AUDITOR'S CERTIFICATION
The Honorable Rudolph Johnson, Chairman House Retirement Committee
G. W. Hogan, State Auditor

1076

JOURNAL OF THE SENATE

DATE: SUBJECT:

January 26, 1987
House Bill 355 (LC 10 7180) Georgia Firemen's Pension Fund

This Bill would amend the state laws relating to the Georgia Firemen's Pension Fund. It would delete provisions for obtaining service credit for service between January 1, 1974 and September 1, 1984 as a fireman or volunteer fireman. To have obtained this service would have required that an application was made between September 1, 1984 and Novem ber 1, 1984. In the case of new members or members re-entering the fund after a leave of absence this Bill would allow the board to require the member to sign a waiver of the mem ber's rights to a disability benefit for a disability originating prior to membership or during the leave of absence. This Bill would also eliminate the provision that permitted nonmembers or withdrawn members to apply for membership during a period from September 1, 1973 through October 31, 1973.
In addition, this Bill also eliminates provisions that allow regular employees of the fund (employed prior to July 1, 1971) to obtain prior service credit by paying $5.00 for each month of prior service plus six percent simple interest. The Bill also identifies as a tax the one percent of gross fire insurance premiums required to be paid annually to the fund by fire insurance companies, corporations or associations. A penalty of 25 percent of the amount due or $1,000, whichever is greater, is identified for companies failing to file a return or pay the tax. The Bill also provides for interest on the amounts due and that the fund's board can prescribe the forms to be used for the returns. The provisions of this Bill would become effective upon approval by the Governor or upon becoming law without such approval.
This is to certify that this is a nonfiscal retirement bill to the Georgia Firemen's Pen sion Fund.
/s/ G. W. Hogan State Auditor

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Broun of 46th Brown of 47th Burton Coverdell Crumbley Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Garner Gillis Harris Harrison Hine Howard Huggins Kidd Land Langford McGill McKenzie

Newbill Olmstead Peevy Perry Phillips Ragan Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Timmons Tolleson Turner Tysinger

TUESDAY, FEBRUARY 24, 1987

1077

Those not voting were Senators:

Brannon Bryant Coleman

Hudgins Kennedy (presiding)

Ray Walker (excused)

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 328. By Representatives Walker of the 115th and Groover of the 99th:
A bill to amend Chapter 4 of Title 46 of the Official Code of Georgia Annotated, relating to distribution, storage, and sale of gas, so as to create the Municipal Gas Authority of Georgia as an institution of purely public charity performing an essential governmental function.
Senate Sponsors: Senators Dawkins of the 45th and Turner of the 8th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Brannon Brown of 47th B^TM CCoovleemrdaenll
Crumbley Dean
Echols Edge
English Engram

Foster Garner Gillis Harris Harrison Hine Howard HHuugdggimnss
Kidd Land
Langford McKenzie
Newbill Olmstead

Peevy Perry Phillips Ragan j^ay Scott of 2nd Scott of 36th 0S,humak. e
btarr Stumbaugh
Tate Tolleson
Turner Tysinger

Voting in the negative were Senators Barnes and Deal.

Those not voting were Senators:

Bowen Broun of 46th Bryant

Dawkins Fincher Kennedy (presiding)

McGill Timmons Walker (excused)

On the passage of the bill, the yeas were 44, nays 2.

The bill, having received the requisite constitutional majority, was passed.

HB 87. By Representatives Crosby of the 150th, Murphy of the 18th, Dover of the llth and Bishop of the 94th:
A bill to amend Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code", so as to extensively revise provisions relating to Georgia income tax; to revise provisions relating to Georgia estate tax; to define the terms "Internal Revenue Code", "Internal Revenue Code of 1954", and "Internal Reve-

1078

JOURNAL OF THE SENATE

nue Code of 1986" and to thereby incorporate provisions of federal law into Georgia law.
Senate Sponsor: Senator Hudgins of the 15th.

The Senate Committee on Banking and Finance offered the following substitute to HB
87:

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 define the terms "Internal Revenue Code" and "Internal Revenue Code of 1954"; 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 Revenue Code," is amended by striking paragraph (14) of Code Section 48-1-2, relating to definitions of terms, and inserting in its place a new paragraph to read as follows:
"(14) 'Internal Revenue Code' or 'Internal Revenue Code of 1954' means the United States Internal Revenue Code of 1954 as it existed on January 1, 1981. In the event a refer ence is made in this title to the Internal Revenue Code as it existed on a specific date prior to or later than January 1, 1981, the term means the Internal Revenue Code as it existed on the prior or later date. Unless otherwise provided in this title, any term used in this title shall have the same meaning as when used in a comparable provision or context in the Internal Revenue Code of 1954 in force and effect on January 1, 1981."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen
o rannnf ^ RBrrOoUw"n off, 4^ 7th rCJoulretomnan Coverdell Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Garner Gillis
Harris H^ arrison HToward, Hudgins Huggins Kidd Land Langford McKenzie

Newbill Olmstead Peevy Perry Phillips Ragan
Ray Sgccootttt ooff 23n6dth Sn,humaki e Starr Stumbaugh Tate Tolleson Turner Tysinger

TUESDAY, FEBRUARY 24, 1987

1079

Those not voting were Senators:

Bryant Crumbley

Kennedy (presiding) McGill

Timmons Walker (excused)

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 655. By Representatives Rainey of the 135th, Waldrep of the 80th, Selman of the 32nd and others:
A bill to amend Code Section 27-3-44 of the Official Code of Georgia Annotated, relating to killing of deer which have no antlers visible, so as to provide it shall not be unlawful to hunt "antlerless or either-sex" deer on certain days and in certain counties.
Senate Sponsor: Senator Barker of the 18th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Brannon BrBB>rruoorwutonnnoofff 44,6r7,t*thih Coverdell
Crumbley
Dawkins Deal
Dean Edge

English Engram Fincher Garner Gillis Harris HHiH-amurdregisinosn Muggins
Kidd
Land Langford
McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan D_ V coS,,ccoo,tt,tt oor,f,. ,,23n6dt,h, Shumake
Stumbaugh
Tate Tolleson
Turner Tysinger

Voting in the negative was Senator Howard.

Those not voting were Senators:

Bowen Bryant Coleman Echols

Foster Kennedy (presiding) McGill

Starr Timmons Walker (excused)

On the passage of the bill, the yeas were 44, nays 1.

The bill, having received the requisite constitutional majority, was passed.

HB 452. By Representatives Bargeron of the 108th, Cox of the 141st, Greene of the 130th and Ricketson of the 82nd:
A bill to amend Code Section 45-16-1 of the Official Code of Georgia Annotated, relating to election and qualifications of coroners, so as to provide that a person

1080

JOURNAL OF THE SENATE

holding any municipal office is specifically authorized to simultaneously serve as a coroner.
Senate Sponsors: Senators Kidd of the 25th and English of the 21st.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Barker Barnes Brannon Broun of 46th Brown of 47th Coverdell Crumbley Dawkins Deal Dean Edge English

Fincher Foster Garner Gillis Harris Harrison Hine Howard Hudgins Huggins Kidd Land Langford Newbill

Olmstead Peevy Perry Phillips Ragan Ray Scott of 2nd Scott of 36th Shumake Stumbaugh Tolleson Turner Tysinger

Voting in the negative was Senator Engram.

Those not voting were Senators:

Baldwin Bwen

Echols Kennedy (presiding)

Burton Coleman

McGi11 McKenzie

Starr Tate
Timmons Walker (excused)

On the passage of the bill, the yeas were 41, nays 1.

The bill, having received the requisite constitutional majority, was passed.

HB 558. By Representative Lane of the 27th:
A bill to amend Code Section 31-31-1 of the Official Code of Georgia Annotated, relating to definitions in connection with boxing match licenses, so as to change the definition of the term "professional boxing match".
Senate Sponsor: Senator Kidd of the 25th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin

Barker Barnes Brannon

Broun of 46th Brown of 47th Burton

TUESDAY, FEBRUARY 24, 1987

1081

Coverdell Crumbley Dawkins Deal Echols Edge English Engram Fincher Foster Gillis

Harris Harrison Hine Howard Hudgins Huggins Kidd Land Langford Newbill Olmstead

Peevy Perry Phillips Ray Scott of 2nd Scott of 36th Stumbaugh Tate Tolleson Turner Tysinger

Those not voting were Senators:

Bowen
Coleman rj ean Garner

Kennedy (presiding) McGill McKenzie Ragan

Shumake Starr Timmons Walker (excused)

On the passage of the bill, the yeas were 42, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 16. By Senator Kidd of the 25th:
A bill to amend Article 1 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions applicable to landlords and tenants, so as to prohibit owners of multiple-unit and other residential dwellings from inter fering with the provision of cable television service to residents of the dwellings; to provide protections for the owners of such dwellings.

Senator Kidd of the 25th moved that SB 16 be postponed until February 25.

On the motion, the yeas were 36, nays 0; the motion prevailed, and SB 16 was post poned until February 25.

HB 398. By Representative Lawson of the 9th:
A bill to amend Code Section 15-10-105 of the Official Code of Georgia Anno tated, relating to the selection of a clerk for a magistrate court, so as to provide for the qualifications of office of the clerk.
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 Broun of 46th

Brown of 47th Burton Coverdell Crumbley Dawkins Deal Dean

Echols Edge English Engram Fincher Foster Garner

1082

JOURNAL OF THE SENATE

Gillis Harris Harrison Sinf . Hudgms Huggins Kidd
Land
Langford

McGill McKenzie Newbill Olmstead Peevy Perry Phillips
Ragan
Ray

Scott of 2nd Scott of 36th Shumake Stumbaugh
ale Tolleson Turner Tysinger

Those not voting were Senators:

Brannon Bryant Coleman

Howard Kennedy (presiding) Starr

Timmons Walker (excused)

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 378. By Representatives Murphy of the 18th, Thomas of the 69th, Connell of the 87th and others:
A bill to amend Code Section 28-4-4 of the Official Code of Georgia Annotated, relating to the legislative counsel, so as to provide for the election of the legisla tive counsel by the Legislative Services Committee.
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 Brannon Broun of 46th Brown of 47th Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols

Edge English Engram Fincher Foster Garner Gillis Harris Harrison Hine Howard Hudgins Huggins Kidd Land Langford

McGill McKenzie Newbill Olmstead Peevy Perry Phillips Ragan Ray Scott of 2nd Scott of 36th Stumbaugh Tate Tolleson Turner Tysinger

Those not voting were Senators:

Bowen Bryant Kennedy (presiding)

Shumake Starr

Timmons Walker (excused)

TUESDAY, FEBRUARY 24, 1987

1083

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 318. By Senators Burton of the 5th, Albert of the 23rd and Phillips of the 9th:
A bill to amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to create the Advisory Commission on Programs for the Blind; to provide for membership and terms; to provide qualifications; to provide for compensation and expenses; to provide duties and responsibilities; to provide for recommendations and reports; to provide a termination date.

Senator Burton of the 5th offered the following amendment:

Amend SB 318 as follows: On page 3, line 14, after the word "advise" add, "governing boards of agencies such as", and after the word "Resources" add, "and the Board of Education"; On page 3, line 23, after the word "for" add, "agencies such as", and on page 3, line 24, after the word "Resources" add, "and the Department of Education"; On page 3, line 25, after the word "to" add, "agencies such as", and on page 3, line 26, after the word "Resources" add, "and the Department of Education".

On the adoption of the amendment, the yeas were 31, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Brannon Broun of 46th Brown of 47th Burton Coleman Crumbley Dawkins Deal Dean

Echols Edge English Engram Fincher Foster Garner Gillis Harris Harrison Hine Howard Hudgins Huggins

Kidd Land Langford McGill McKenzie Newbill Olmstead Peevy Perry Phillips Ragan Ray Scott of 2nd Scott of 36th

1084

JOURNAL OF THE SENATE

Shumake Starr Stumbaugh

Tate Timmons Tolleson

Turner Tysinger

Those not voting were Senators:

Bowen Bryant

Coverdell Kennedy (presiding)

Walker (excused)

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 466. By Representatives Colwell of the 4th, Hays of the 1st, Snow of the 1st and others:
A bill to amend Code Section 16-11-131 of the Official Code of Georgia Anno tated, relating to the prohibition of possession of firearms by convicted felons, so as to prohibit any person who is on probation as a first offender from receiving, possessing, or transporting any firearm.
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 Baldwin Barker Bowen Brannon Broun of 46th Brown of 47th Bryant Burton Coleman Dawkins Deal Dean Edge

English Fincher Foster Garner Harris Hine Howard Hudgins Huggins Kidd Land Langford McGill McKenzie

Newbill Olmstead Phillips Ragan Ray Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Turner Tysinger

Those voting in the negative were Senators:

Allgood Barnes Echols

Gillis Peevy

Perry Scott of 2nd

Those not voting were Senators:

Coverdell Crumbley Engram

Harrison Kennedy (presiding)

Shumake Walker (excused)

On the passage of the bill, the yeas were 41, nays 7.

TUESDAY, FEBRUARY 24, 1987

1085

The bill, having received the requisite constitutional majority, was passed.

HR 98. By Representatives Robinson of the 58th, Watson of the 114th, Hamilton of the 124th and others:
A resolution creating the Joint Comprehensive Energy Resources Policy Committee.
Senate Sponsor: Senator Scott of the 2nd.

Senator Scott of the 2nd offered the following amendment: Amend HR 98 by striking from line 6 of page 2 the following: "the chairman", and inserting in its place the following: "one co-chairman". By striking from line 9 of page 2 the following: "the vice-chairman", and inserting in its place the following: "the other co-chairman".

On the adoption of the amendment, the yeas were 31, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to as amended.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun of 46th Brown of 47th Bryant Burton Coleman Dawkins Deal Dean Echols

Edge English Fincher Foster Garner Gillis Harris Hine Howard Hudgins Huggins Land Langford McGill McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Timmons Tolleson Turner Tysinger

Those not voting were Senators:

Coverdell Crumbley Engram

Harrison Kennedy (presiding)

Kidd Walker (excused)

On the adoption of the resolution, the yeas were 48, nays 0.

1086

JOURNAL OF THE SENATE

The resolution, having received the requisite constitutional majority, was adopted as amended.

The following general bill of the House, having been read the third time on February 23 and postponed until February 24, was put upon its passage:

HB 312. By Representative Ramsey of the 3rd:
A bill to amend Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center, so as to provide for the dissemination of criminal history records maintained by the center to private persons and businesses, public agencies, political subdivisions, authori ties, and instrumentalities, including state or federal licensing regulatory agencies or their designated representatives.
Senate Sponsor: Senator Garner of the 30th.

Senator Scott of the 2nd moved that HB 312 be committed to the Senate Committee on Judiciary.

On the motion, Senator Garner of the 30th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barnes Brown of 47th Bryant Burton Coleman Crumbley Dawkins Deal Echols

Edge Foster Harris Hine Hudgins Land Langford Newbill Olmstead

Peevy Phillips Scott of 2nd Scott of 36th Shumake Starr Tate Tolleson Tysinger

Those voting in the negative were Senators:

Albert Baldwin Barker Bowen Brannon Broun of 46th Dean English

Engram Fincher Garner Gillis Howard Huggins Kidd McGill

McKenzie Perry Ragan Ray Stumbaugh Timmons Turner

Those not voting were Senators:

Coverdell Harrison

Kennedy (presiding)

Walker (excused)

On the motion, the yeas were 28, nays 23; the motion prevailed, and HB 312 was com mitted to the Senate Committee on Judiciary.

TUESDAY, FEBRUARY 24, 1987

1087

The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:

SB 306. By Senators Stumbaugh of the 55th, Deal of the 49th, Shumake of the 39th and others:
A bill to amend Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Insurance Code," so as to provide for the establishment and regulation of risk retention groups and purchasing groups; to provide for legislative purpose; to provide definitions; to provide requirements which must be met by a risk re tention group prior to the offering of insurance in this state.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun of 46th BrBB>ruroyrwtaonnnt. of 47th Coleman
Crumbley Deal Dean Echols Edge

Engram Fincher Foster Garner Gillis Harris Harrison Hme HiHHiuougwdjggaiirnndss Kidd
Land Langford McGill McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan j^av Scott of 2nd Scott of 36th o,,Q,tnaurmr ak, e Stumbaugh
Tate Timmons Tolleson Turner Tysinger

Those not voting were Senators:

Coverdell Dawkins

English Kennedy (presiding)

Walker (excused)

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following report of the Committee on Enrolling and Journals was read by the Secretary:

Mr. President:

The Committee on Enrolling and Journals has read and examined the following Senate bill and has instructed me to report the same back to the Senate as correct and ready for transmission to the Governor:
SB 217

1088

JOURNAL OF THE SENATE

Respectfully submitted, /s/ Ed Barker, Chairman
Senator, District 18
The Governor this day informed the Senate that he had vetoed the following Sections of HB 225, a bill amending an Act providing for appropriations for the State Fiscal Year 1986-1987:
Section 66, Paragraph 2: "From the appropriation in Section 17 (Department of Correc tions) relating to county workcamp construction, the State shall provide funding for no more than 50 r< of the total construction cost of any project."
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 85: "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 re-appropriated by the Georgia General Assembly. This provision shall not apply to project grant funds not appropriated in this Act."
The following resolution of the House was read and put upon its adoption:
HR 328. By Representatives Murphy of the 18th, Connell of the 87th, Lee of the 72nd and others: A resolution relative to adjournment by the General Assembly at 5:00 o'clock P.M. on Thursday, February 26, and to reconvene at 10:00 o'clock A.M. on Mon day, March 2.
On the adoption of the resolution, the yeas were 43, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
Serving as doctor of the day today was Dr. Robert A. Williams of Dunwoody, Georgia.
Senator Allgood of the 22nd moved that the Senate do now adjourn until 10:00 o'clock A.M. tomorrow, and the motion prevailed.
At 3:25 o'clock P.M., Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced the Senate adjourned until 10:00 o'clock A.M. tomorrow.

WEDNESDAY, FEBRUARY 25, 1987

1089

Senate Chamber, Atlanta, Georgia Wednesday, February 25, 1987 Thirty-first Legislative Day
The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.
Senator Barker of the 18th reported that the Journal of 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 888. By Representative Chance of the 129th: A bill to reconstitute the board of education of the Effingham County School District; to provide for the qualifications, election, terms of office, and compensa tion and service of members of the board.
HB 903. By Representative Smith of the 78th: A bill to provide for the election of the members of the Butts County Board of Education.
HB 906. By Representatives Dixon of the 151st and Smith of the 152nd: A bill to amend an Act creating a Board of Commissioners for Camden County, so as to provide for legislative intent; to provide for the election of board mem bers from districts by residents of such districts.
HB 907. By Representatives Dixon of the 151st and Smith of the 152nd: A bill to provide for the Board of Education of Camden County; to provide for the election of board members from districts by residents of such districts.
HB 925. By Representative Waldrep of the 80th: A bill to amend an Act creating a board of commissioners for Monroe County, so as to provide for the election and terms of members of the board of commissioners.
HB 931. By Representatives Adams of the 36th, Greer of the 39th and Couch of the 40th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Hapeville Development Authority.
HB 932. By Representatives Hensley of the 20th, Cooper of the 20th, Aiken of the 21st, Lawler of the 20th, Atkins of the 21st and others: 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.

1090

JOURNAL OF THE SENATE

HB 933. By Representatives Dobbs of the 74th and Stancil of the 66th: A bill to amend an Act creating the Board of Commissioners of Newton County, so as to change provisions relating to expense allowances of members of the board.
HB 935. By Representatives Ramsey of the 155th and Smith of the 156th: A bill to amend an Act implementing the Brunswick and Glynn County Develop ment Authority, so as to change the method of appointing the membership.
HB 938. By Representatives Byrd of the 153rd and Moody of the 153rd: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing for the election of the mem bers of the board of education of Wayne County by the people.
HB 939. By Representatives Byrd of the 153rd and Moody of the 153rd: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing for a County Administrator of Wayne County.
HB 940. By Representatives Byrd of the 153rd and Moody of the 153rd: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the "Wayne County Industrial Development Authority".
HB 941. By Representatives Buck of the 95th, Moultrie of the 93rd, Bishop of the 94th, Galer of the 97th and Smyre of the 92nd: A bill to amend an Act establishing the salary of the judge of the Probate Court of Muscogee County, so as to change the salary of the judge of the Probate Court of Muscogee County.
HB 943. By Representatives Pannell of the 122nd, Triplett of the 128th, Hamilton of the 124th, Mueller of the 126th and Kingston of the 125th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing an increase in retirement benefits of persons retired under the retirement system of the Board of Public Education for the City of Savannah.
HB 946. By Representatives Walker of the 115th, Watson of the 114th 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 creating the Warner Robins Develop ment Authority.
HB 947. By Representatives Hasty of the 8th, Prichard of the 8th and Barnett of the 10th: A bill to amend an Act to provide a new charter for the City of Holly Springs in the County of Cherokee, so as to change the corporate limits thereof.
HB 955. By Representative Smith of the 152nd: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing Bacon County to levy a tax not exceeding one mill on all of the taxable property in the county for the pur-

WEDNESDAY, FEBRUARY 25, 1987

1091

pose of promoting and encouraging the location of new industries in Bacon County.
HB 956. By Representative Smith of the 152nd: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Bacon Industrial Building Authority.
HB 957. By Representative Branch of the 137th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Ocilla-Irwin County Indus trial Development Authority.
HB 958. By Representative Powell of the 145th: A bill to amend an Act creating and establishing a new charter for the City of Moultrie, so as to change the corporate limits; to require certain voting proce dures by council members.
HB 962. By Representative Cummings of the 17th: A bill to amend an Act creating the office of tax commissioner of Polk County, so as to change the compensation of the tax commissioner.
HB 963. By Representative Cummings of the 17th: A bill to amend an Act creating a board of commissioners of Polk County, so as to change the salary of the chairman and each of the other members of the board of commissioners of Polk County.
HB 787. By Representative Watts of the 41st: A bill to repeal an Act providing an annual salary for the coroner of each county of this state having a population of not less than 17,510 and not more than 17,560 according to the United States decennial census of 1970 or any future such census.
HB 954. By Representatives Dunn of the 73rd and Ware of the 77th: A bill to amend Code Section 33-24-6 of the Official Code of Georgia Annotated, relating to the requirement of consent of an insured to the effectuation of an individual life or accident and sickness insurance policy, so as to allow a publicly owned corporation to effectuate insurance upon its employees in whom it has an insurable interest without the application or written consent of the insured.
HB 839. By Representatives Childers of the 15th, Murphy of the 18th and Watson of the 114th:
A bill to amend Article 6 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to peer review groups, so as to amend the definition of the term "professional health care provider" to include rehabilitation suppliers.
HB 836. By Representatives Wood of the 9th, Watson of the 114th and Bargeron of the 108th:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance generally, so as to provide procedures for cancellation of insurance policies at the request of an insured; to provide for can cellations of policies for failure of the named insured to pay premiums when due and cancellation of policies which have been in effect less than 60 days.

1092

JOURNAL OF THE SENATE

HB 132. By Representative Ramsey of the 3rd:
A bill to amend Chapter 11 of Title 34 of the Official Code of Georgia Annotated, known as the "Boiler and Pressure Vessel Safety Act", so as to change the defini tion of a certain term; to authorize the Department of Labor with the advice and consent of the Board of Boiler and Pressure Vessel Rules to formulate defini tions, rules, and regulations for the operation of boilers and pressure vessels.
HB 949. By Representatives Aiken of the 21st and Hasty of the 8th:
A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to certain provisions of local government law applicable to counties and municipal corporations, so as to change certain provisions relating to required permits for disturbing burial places in the course of land development.
HB 877. By Representatives Thomas of the 69th, Chambless of the 133rd and Robinson of the 96th:
A bill to amend Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions applicable to the superior courts, so as to change the provisions relating to reimbursement of travel expenses for attend ance at meetings and for attendance at educational programs.
SB 145. By Senators Garner of the 30th and Brannon of the 51st:
A bill to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the health insurance plan for state employees, so as to provide that certain state employees shall be eligible to continue coverage under such health insurance plan upon retirement from a local retirement system by paying a premium set by the State Personnel Board.
SB 14. By Senator Kidd of the 25th:
A bill to amend Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to personnel administration, so as to authorize the State Personnel Board in its discretion to establish an employee assistance program for employ ees of departments covered under the state merit system; to authorize the de partment to adopt and promulgate rules and regulations.
SB 190. By Senator Dawkins of the 45th:
A bill to amend Chapter 2 of Title 34 of the Official Code of Georgia Annotated, relating to the Department of Labor, so as to provide that in connection with the maintenance of the office of the Department of Labor, the Commissioner is au thorized and empowered to lease or rent and to negotiate, execute, and adminis ter any necessary lease or rental agreement for office or other space in the cus tody of, but not occupied by, the Department of Labor.
The House has adopted by the requisite constitutional majority the following resolu tions of the House and Senate:
HR 58. By Representatives Cummings of the 17th and Murphy of the 18th:
A resolution compensating Mr. Thomas Dowden Wray.
HR 189. By Representative Dobbs of the 74th:
A resolution creating the Joint Study Committee on the Conversion of Waste to Energy.

WEDNESDAY, FEBRUARY 25, 1987

1093

HR 125. By Representative Parham of the 105th: A resolution authorizing the lease of certain real property located in Baldwin County, Georgia; to repeal a specific resolution.
SR 17. By Senator Kidd of the 25th: A resolution authorizing the conveyance of certain state owned property located in the City of Milledgeville, Baldwin County, Georgia; to provide an effective date.
SR 33. By Senators Perry of the 7th and Turner of the 8th: A resolution transferring the ownership of a certain structure owned by the Geor gia Forestry Commission to the Clinch County Board of Commissioners; to pro vide an effective date.
The House has adopted, by substitute, by the requisite constitutional majority the fol lowing resolution of the Senate:
SR 45. By Senators Langford of the 35th, Scott of the 36th, Shumake of the 39th and others: A resolution authorizing the State of Georgia, acting by and through the State Properties Commission, to enter into a lease agreement with the City of Atlanta pertaining to two described state owned tracts or parcels of property located in Fulton County, Georgia; to provide an effective date.
The House has agreed to the Senate amendment to the following bill of the House:
HB 649. By Representative Groover of the 99th: A bill to amend Code Section 16-9-20 of the Official Code of Georgia Annotated, relating to the offense of issuance of bad checks, so as to include a contempora neous extension of additional credit and a written waiver of lien rights as present consideration.
The House has passed by the requisite constitutional majority the following bill of the House:
HB 226. By Representatives Murphy of the 18th, McDonald of the 12th, Smyre of the 92nd, Benefield of the 72nd, Lawson of the 9th and others: A bill to make and provide appropriations for the state fiscal year beginning July 1, 1987, and ending June 30, 1988.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 380. By Senator Edge of the 28th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the governing authority of Pike County to require that returns for ad valorem taxation in the county be made to the county board of tax assessors; to provide the authority for this Act.
Referred to Committee on Urban and County Affairs.
SB 381. By Senators Brannon of the 51st and Fincher of the 54th: A bill to amend an Act changing the compensation of the coroner of Whitfield County so as to change the compensation of the coroner; to provide for the ap-

1094

JOURNAL OF THE SENATE

pointment of deputy coroners by the coroner and their compensation for death investigations; to provide an effective date. Referred to Committee on Urban and County Affairs.
SB 382. By Senator Barnes of the 33rd: A bill to amend an Act providing a new charter for the City of Powder Springs, as amended, so as to change the corporate limits of the city.
Referred to Committee on Urban and County Affairs.
SB 383., By Senator Broun of the 46th: A bill to amend Article 5 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement benefits under the Teachers Retirement System of Georgia, so as to authorize creditable service for certain military service and for requirements and limitations relative thereto; to provide for other matters relative to the foregoing; to provide an effective date.
Referred to Committee on Retirement.
SR 165. 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 167. By Senator Phillips of the 9th: A resolution proposing an amendment to the Constitution so as to provide that certain bonds and other obligations to finance and provide public facilities for counties, municipalities, or other political subdivisions of the state shall consti tute debt of those political subdivisions and be required to be approved by the voters of those political subdivisions and subject to certain limitations; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Urban and County Affairs (General).
The following bills and resolutions of the House were read the first time and referred to committees:
HB 132. By Representative Ramsey of the 3rd: A bill to amend Chapter 11 of Title 34 of the Official Code of Georgia Annotated, known as the "Boiler and Pressure Vessel Safety Act", so as to change the defini tion of a certain term; to authorize the Department of Labor with the advice and consent of the Board of Boiler and Pressure Vessel Rules to formulate defini tions, rules, and regulations for the operation of boilers and pressure vessels.
Referred to Committee on Industry and Labor.
HB 226. By Representatives Murphy of the 18th, McDonald of the 12th, Smyre of the 92nd and others: A bill to make and provide appropriations for the state fiscal year beginning July 1, 1987, and ending June 30, 1988.
Referred to Committee on Appropriations.
HB 787. By Representative Watts of the 41st: A bill to repeal an Act providing an annual salary for the coroner of each county of this state having a population of not less than 17,510 and not more than

WEDNESDAY, FEBRUARY 25, 1987

1095

17,560 according to the United States decennial census of 1970 or any future such census. Referred to Committee on Urban and County Affairs (General).
HB 836. By Representatives Wood of the 9th, Watson of the 114th and Bargeron of the 108th:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance generally, so as to provide procedures for cancellation of insurance policies at the request of an insured; to provide for can cellations of policies for failure of the named insured to pay premiums when due and cancellation of policies which have been in effect less than 60 days. Referred to Committee on Insurance.
HB 839. By Representatives Childers of the 15th, Murphy of the 18th and Watson of the 114th:
A bill to amend Article 6 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to peer review groups, so as to amend the definition of the term "professional health care provider" to include rehabilitation suppliers. Referred to Committee on Human Resources.
HB 877. By Representatives Thomas of the 69th, Chambless of the 133rd and Robinson of the 96th:
A bill to amend Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions applicable to the superior courts, so as to change the provisions relating to reimbursement of travel expenses for attend ance at meetings and for attendance at educational programs. Referred to Committee on Judiciary.
HB 949. By Representative Aiken of the 21st:
A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to certain provisions of local government law applicable to counties and municipal corporations, so as to change certain provisions relating to required permits for disturbing burial places in the course of land development. Referred to Committee on Urban and County Affairs (General).
HB 954. By Representatives Dunn of the 73rd and Ware of the 77th:
A bill to amend Code Section 33-24-6 of the Official Code of Georgia Annotated, relating to the requirement of consent of an insured to the effectuation of an individual life or accident and sickness insurance policy, so as to allow a publicly owned corporation to effectuate insurance upon its employees in whom it has an insurable interest without the application or written consent of the insured. Referred to Committee on Insurance.
HR 58. By Representatives Cummings of the 17th and Murphy of the 18th:
A resolution compensating Mr. Thomas Dowden Wray in the sum of $1,102.28. Referred to Committee on Appropriations.
HR 125. By Representative Parham of the 105th:
A resolution authorizing the lease of certain real property located in Baldwin County, Georgia; to repeal a specific resolution. Referred to Committee on Public Utilities.

1096

JOURNAL OF THE SENATE

HR 189. By Representative Dobbs of the 74th: A resolution creating the Joint Study Committee on the Conversion of Waste to Energy.
Referred to Committee on Rules.
HB 888. By Representative Chance of the 129th: A bill to reconstitute the board of education of the Effingham County School District; to provide for the qualifications, election, terms of office, and compensa tion and service of members of the board.
Referred to Committee on Urban and County Affairs.
HB 903. By Representative Smith of the 78th: A bill to provide for the election of the members of the Butts County Board of Education.
Referred to Committee on Urban and County Affairs.
HB 906. By Representatives Dixon of the 151st and Smith of the 152nd: A bill to amend an Act creating a Board of Commissioners for Camden County, so as to provide for legislative intent; to provide for the election of board mem bers from districts by residents of such districts.
Referred to Committee on Urban and County Affairs.
HB 907. By Representatives Dixon of the 151st and Smith of the 152nd: A bill to provide for the Board of Education of Camden County; to provide for the election of board members from districts by residents of such districts.
Referred to Committee on Urban and County Affairs.
HB 925. By Representative Waldrep of the 80th: A bill to amend an Act creating a board of commissioners for Monroe County, so as to provide for the election and terms of members of the board of commissioners.
Referred to Committee on Urban and County Affairs.
HB 931. By Representatives Adams of the 36th, Greer of the 39th and Couch of the 40th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Hapeville Development Authority.
Referred to Committee on Urban and County Affairs.
HB 932. By Representatives Hensley of the 20th, Cooper of the 20th, Aiken of the 21st and others: 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 933. By Representatives Dobbs of the 74th and Stancil of the 66th: A bill to amend an Act creating the Board of Commissioners of Newton County, so as to change provisions relating to expense allowances of members of the board.
Referred to Committee on Urban and County Affairs.

WEDNESDAY, FEBRUARY 25, 1987

1097

HB 935. By Representatives Ramsey of the 155th and Smith of the 156th: A bill to amend an Act implementing the Brunswick and Glynn County Develop ment Authority, so as to change the method of appointing the membership.
Referred to Committee on Urban and County Affairs.
HB 938. By Representatives Byrd of the 153rd and Moody of the 153rd: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing for the election of the mem bers of the board of education of Wayne County by the people.
Referred to Committee on Urban and County Affairs.
HB 939. By Representatives Byrd of the 153rd and Moody of the 153rd: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing for a County Administrator of Wayne County.
Referred to Committee on Urban and County Affairs.
HB 940. By Representatives Byrd of the 153rd and Moody of the 153rd: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the "Wayne County Industrial Development Authority".
Referred to Committee on Urban and County Affairs.
HB 941. By Representatives Buck of the 95th, Moultrie of the 93rd, Bishop of the 94th and others: A bill to amend an Act establishing the salary of the judge of the Probate Court of Muscogee County, so as to change the salary of the judge of the Probate Court of Muscogee County.
Referred to Committee on Urban and County Affairs.
HB 943. By Representatives Pannell of the 122nd, Triplett of the 128th, Hamilton of the 124th 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 an increase in retirement benefits of persons retired under the retirement system of the Board of Public Education for the City of Savannah.
Referred to Committee on Urban and County Affairs.
HB 946. By Representatives Walker of the 115th, Watson of the 114th 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 creating the Warner Robins Develop ment Authority.
Referred to Committee on Urban and County Affairs.
HB 947. By Representatives Hasty of the 8th, Prichard of the 8th and Barnett of the 10th: A bill to amend an Act to provide a new charter for the City of Holly Springs in the County of Cherokee, so as to change the corporate limits thereof.
Referred to Committee on Urban and County Affairs.

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JOURNAL OF THE SENATE

HB 955. By Representative Smith of the 152nd: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing Bacon County to levy a tax not exceeding one mill on all of the taxable property in the county for the pur pose of promoting and encouraging the location of new industries in Bacon County.
Referred to Committee on Urban and County Affairs.
HB 956. By Representative Smith of the 152nd: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Bacon Industrial Building Authority.
Referred to Committee on Urban and County Affairs.
HB 957. By Representative Branch of the 137th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Ocilla-Irwin County Indus trial Development Authority. Referred to Committee on Urban and County Affairs.
HB 958. By Representative Powell of the 145th: A bill to amend an Act creating and establishing a new charter for the City of Moultrie, so as to change the corporate limits; to require certain voting proce dures by council members.
Referred to Committee on Urban and County Affairs.
HB 962. By Representative Cummings of the 17th: A bill to amend an Act creating the office of tax commissioner of Polk County, so as to change the compensation of the tax commissioner.
Referred to Committee on Urban and County Affairs.
HB 963. By Representative Cummings of the 17th: A bill to amend an Act creating a board of commissioners of Polk County, so as to change the salary of the chairman and each of the other members of the board of commissioners of Polk County.
Referred to Committee on Urban and County Affairs.

The following reports of standing committees were read by the Secretary:

Mr. President:

The Committee on Consumer Affairs has had under consideration the following bills and resolution of the House and Senate and has instructed me to report the same back to the Senate with the following recommendations:

SR 20. Do pass. HB 166. Do pass.

HB 289. Do pass by substitute. HB 810. Do pass.

Respectfully submitted,

Senator Scott of the 2nd District, Chairman

WEDNESDAY, FEBRUARY 25, 1987

1099

Mr. President:

The Committee on Corrections has had under consideration the following bill and reso lution of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 99. Do pass. HR 146. Do pass.
Respectfully submitted,
Senator Garner of the 30th District, Chairman

Mr. President:

The Committee on Human Resources has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 266. Do pass by substitute. HB 142. Do pass by substitute. HB 432. Do pass by substitute.
Respectfully submitted,
Senator Howard of the 42nd District, Chairman

Mr. President:

The Committee on Human Resources has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 342. Do pass. HB 344. Do pass.
Respectfully submitted,
Senator Howard of the 42nd District, Chairman

Mr. President:

The Committee on Insurance has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 300. Do pass by substitute. SB 361. Do pass.

HB 245. Do pass. HB 246. Do pass.

Respectfully submitted,

Senator Stumbaugh of the 55th District, Chairman

Mr. President:

The Committee on Judiciary has had under consideration the following bills of the Sen ate and House and has instructed me to report the same back to the Senate with the follow ing recommendations:

SB 9. Do not pass.

SB 285. Do pass.

SB 68. Do pass as amended.

SB 355. Do pass.

1100

JOURNAL OF THE SENATE

SB 366. SB 373. HB 27.

Do pass as amended. Do pass.

HB 302. Do pass by substitute. HB 759. Do pass.

Do pass as amended.

Respectfully submitted,

Senator Deal of the 49th District, Chairman

Mr. President:

The Committee on Judiciary has had under consideration the following bills of the Sen ate and House and has instructed me to report the same back to the Senate with the follow ing recommendations:

SB 89. Do pass by substitute.

HB 605. Do pass.

SB 169. Do pass by substitute.

HB 800. 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 Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 209. 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 78. Do pass as amended.

SR 162. Do pass as amended.

SR 126. Do pass as amended.

SR 163. Do pass.

SR 161. Do pass as amended.

Respectfully submitted,

Senator Dean of the 31st District, Chairman

Mr. President:

The Committee on Special Judiciary has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 17. Do pass by substitute.
Respectfully submitted,
Senator Peevy of the 48th District, Chairman

Mr. President:

The Committee on Transportation has had under consideration the following bills of

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the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 357. Do pass. SB 360. Do not pass. SB 368. Do pass by substitute.
Respectfully submitted, Senator Coleman of the 1st District, Chairman

Mr. President:

The Committee on Urban and County Affairs has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 369. Do pass.

HB 864. Do pass.

HB 803. Do pass by substitute.

HB 868. Do pass.

HB 832. Do pass.

HB 872. Do pass.

HB 846. Do pass.

HB 895. Do pass.

HB 847. Do pass.

HB 904. Do pass.

HB 858. 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 90. By Senator Allgood of the 22nd:
A bill to amend Code Section 40-8-111 of the Official Code of Georgia Annotated, relating to school bus equipment, generally, so as to change the configuration and number of lights required on school buses.

SB 317. By Senator Engram of the 34th:
A bill to amend Code Section 40-5-55 of the Official Code of Georgia Annotated, relating to implied consent to chemical tests for persons suspected of operating a motor vehicle while under the influence of alcohol or drugs, so as to provide min imum standards for chemical tests.

SB 322. By Senator Timmons of the llth:
A bill to amend Chapter 9 of Title 47 of the Official Code of Georgia Annotated, known as the "Act Creating the Superior Court Judges Retirement System," so as to change the provisions relating to the board of trustees; to change the num ber of years of creditable service necessary for the vesting of the right to receive benefits.

SB 343. 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 provide for the admissibility of evidence concerning correction and retraction in an action based on alleged defamatory statements in a visual or sound broadcast; to provide for the effect thereof on damages in such actions; to provide an effective date.

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SB 365. By Senator Walker of the 43rd: A bill to amend Article 6 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to registration of voters, so as to provide that license examin ers employed by the Department of Public Safety shall be deputies to certain boards of registrars; to provide for powers and duties of such deputies; to provide for additional registration places.
SB 371. By Senators Fincher of the 54th, Scott of the 36th, Coverdell of the 40th and others: A bill to amend Article 6 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, known as the "Private Colleges and Universities Authority Act," so as to define a new term; to authorize the authority to lend the proceeds of its revenue bonds to the Georgia Student Finance Commission or to finance the purchase of loans from the Georgia Student Finance Commission with the pro ceeds of its revenue bonds.
SR 8. By Senator Kidd of the 25th: A resolution relative to the creation of an Arts Development Fund.
SR 109. By Senator Kidd of the 25th: A resolution creating the Joint Adoption Study Committee.
SR 119. By Senator Harrison of the 37th: A resolution creating the Organ Donor and Transplant Study Committee.
SR 124. By Senators Burton of the 5th, Kidd of the 25th, Albert of the 23rd and Phillips of the 9th: A resolution creating the State Facilities for the Training of the Blind Study Committee.
SR 138. By Senator Edge of the 28th: A resolution setting forth and expressing the declared rights of victims of crime.
SR 154. By Senators Tate of the 38th, Allgood of the 22nd, Shumake of the 39th and Kidd of the 25th: A resolution urging the State Board of Education to encourage certain employ ment efforts by local school superintendents.
HB 55. By Representative Robinson of the 58th: A bill to amend Code Section 53-6-23 of the Official Code of Georgia Annotated, relating to residency requirements for administrators generally, so as to authorize aliens lawfully admitted to the United States for permanent residence to be made administrators under certain conditions.
HB 141. By Representatives Childs of the 53rd, Thomas of the 69th, Waldrep of the 80th, Chambless of the 133rd and Lawrence of the 49th: A bill to amend Code Section 16-5-45 of the Official Code of Georgia Annotated, relating to interference with custody, so as to provide that a person commits the offense of interference with custody when the person retains possession within this state of a child or committed person upon the expiration of a lawful period of visitation.

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1103

HB 165. By Representatives Lee of the 72nd and Bray of the 91st:
A bill to amend Code Section 21-2-134 of the Official Code of Georgia Annotated, relating to the filling of vacancies in party nominations caused by the death or resignation of candidates, so as to change the provisions relating to the filling of such vacancies by a special primary.
HB 180. By Representatives Bishop of the 94th, Morton of the 47th, Aaron of the 56th, Redding of the 50th, Brown of the 88th and others:
A bill to amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to exempt malt beverages and wine which contain less than one-half of 1 percent alcohol from certain taxation.
HB 187. By Representatives Bray of the 91st, Holmes of the 28th and Moultrie of the 93rd:
A bill to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, as enacted by an Act approved April 3, 1986 (Ga. L. 1986, p. 957), relating to ethics in government, so as to correct typographical, stylistic, and other errors and omissions in Chapter 5 of Title 21.
HB 191. By Representatives Kilgore of the 42nd, Dover of the llth, Benefield of the 72nd, Lee of the 72nd, Bailey of the 72nd 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.
HB 202. By Representatives Bray of the 91st, Lee of the 72nd, Holmes of the 28th and Moultrie of the 93rd:
A bill to amend Article 3 of Chapter 3 of Title 21 of the Official Code of Georgia Annotated, relating to municipal elections, so as to provide for a uniform munici pal election date; to provide for four-year terms for municipal offices; to author ize the General Assembly to provide for two-year terms and concurrent or stag gered terms for municipal offices by local Acts.
HB 212. By Representatives Lee of the 72nd and Walker of the 115th:
A bill to amend Chapter 5 of Title 15 of the Official Code of Georgia Annotated, relating to the administration of courts of record generally, so as to provide for a funding mechanism for the provision of certain administrative services by the Department of Administrative Services to the superior courts of the State of Georgia.
HB 222. By Representatives Robinson of the 96th and Porter of the 119th:
A bill to amend Code Section 10-1-442 of the Official Code of Georgia Annotated, relating to applications and fees for the registration of trademarks and service marks, so as to change the amount of the filing fee for such applications.
HB 244. By Representatives Martin of the 26th and Coleman of the 118th:
A bill to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to the regulation of controlled substances, so as to provide for the utilization of certain money, property, or proceeds therefrom seized or forfeited pursuant to federal law and transferred to law enforcement agencies of the state and political subdivisions thereof.

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HB 264. By Representatives Porter of the 119th, Jackson of the 9th, Smyre of the 92nd, Benefield of the 72nd and Lawson of the 9th:
A bill to amend Code Section 5-5-1 of the Official Code of Georgia Annotated, relating to powers of courts, so as to provide that probate courts shall have the power to correct errors and grant new trials in certain cases; to amend Code Sec tion 17-7-170 of the Official Code of Georgia Annotated, relating to new trials, generally, so as to make editorial corrections and provide procedures and require ments for motions for new trials.
HB 266. By Representatives Porter of the 119th, Jackson of the 9th, Smyre of the 92nd, Benefield of the 72nd and Lawson of the 9th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for a notice of suspension of a driver's license by the court; to change the definition of a habitual violator; to change the time period within which a habitual violator may apply for a probationary driver's license.
HB 297. By Representatives Richardson of the 52nd and Galer of the 97th:
A bill to amend Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to privilege, so as to provide for the confidential nature of certain library records; to provide for disclosure of such records and for immu nity from liability therefor.
HB 416. By Representatives Holmes of the 28th, Lucas of the 102nd, Hanner of the 131st and others:
A bill 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 redefine retired peace officers to include certain law enforcement officers who have retired from service with the United States government.
HB 421. By Representatives Johnson of the 123rd, Triplett of the 128th, Pannell of the 122nd and others:
A bill to amend Article 10 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to absentee voting, and to amend Article 10 of Chapter 3 of Title 21 of the Official Code of Georgia Annotated, relating to absentee voting in municipal elections, so as to redefine the term "absentee elector"; to allow absen tee voting by certain electors who are employed by hospitals under certain circumstances.
HB 450. By Representatives Buck of the 95th and Murphy of the 18th:
A bill to amend Subpart 5A of Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to North Georgia College military scholarships, so as to change the number of persons who shall be selected as scholarship recipients; to provide for selection of persons from congressional districts.
HB 465. By Representatives Hooks of the 116th and Bray of the 91st:
A bill to amend Article 13 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to contested elections and primaries, so as to provide that the election superintendent or superintendents who conducted certain contested primaries or elections may be named as defendants in certain contest cases.

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1105

HB 562. By Representative McDonald of the 12th: A bill to provide for the Department of Labor a supplemental appropriation.
HB 647. By Representatives Walker of the 115th, Lee of the 72nd and Groover of the 99th: A bill to amend Article 2 of Chapter 17 of Title 50 of the Official Code of Georgia Annotated, the "Georgia State Financing and Investment Commission Act", so as to change the definition of the term "general obligation debt" as used in said Act; to provide that said definition shall include obligations of this state issued to provide public library facilities for county and independent school systems and other governmental entities.
HB 804. By Representatives Buck of the 95th, Lane of the lllth, Stancil of the 66th and others: A bill to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to limitations concerning the inspection of public records, so as to pro vide that Article 4 of Chapter 18 of Title 50, relating to inspection of public records, shall not be applicable to certain trade secrets and proprietary information.
HB 807. By Representatives Buck of the 95th, Connell of the 87th and Stancil of the 66th: A bill to amend Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to scholarships, loans, and grants, so as to authorize the cor poration to guarantee service cancelable loans made to certain students even if such loans do not meet all requirements of the federal act; to repeal Code Section 20-3-278, relating to reports as to loan commitment agreements, statements to borrowers, administration fees, and reports of agreement terminations.
HB 809. By Representatives Pinkston of the 100th, Beck of the 148th and Long of the 142nd: A bill to amend Code Section 20-3-266 of the Official Code of Georgia Annotated, relating to powers and duties of the Georgia Higher Education Assistance Corpo ration, so as to authorize the corporation to broaden the definition of the terms "student" and "eligible student".
HR 11. By Representative Oliver of the 121st: A resolution compensating Mr. Ray R. Hodges in the sum of $4,692.74.
HR 17. By Representative Cooper of the 20th: A resolution compensating Mr. Matthew Paul Mobley in the sum of $1,064.31.
HR 42. By Representative Yeargin of the 14th: A resolution compensating Mr. Mickey Palmer in the sum of $1,227.00.
HR 59. By Representative Ramsey of the 3rd: A resolution re-creating the Hazardous Materials Emergency Response Advisory Council.
HR 76. By Representatives Adams of the 79th, Herbert of the 76th and Mostiler of the 75th: Urging the United States Congress to adopt certain legislation relating to the Social Security Act.

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The President called for the morning roll call, and the following Senators answered to their names:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun of 46th Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols English

Engram Fincher Foster Gillis Harris Harrison Hine Howard Hudgins Huggins Kennedy Kidd Land Langford McGill McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Timmons Tolleson Turner Tysinger Walker

Those not answering were Senators:

Brown of 47th

Edge

Garner

Senator Huggins of the 53rd introduced the chaplain of the day, Reverend Warren Morehead, pastor of the First Baptist Church, LaFayette, Georgia, who offered scripture reading and prayer.

Senator Burton of the 5th moved that the following bill of the Senate be withdrawn from the Senate Committee on Special Judiciary and committed to the Senate Committee on Judiciary:

SB 35. By Senator Burton of the 5th:
A bill to amend Article 1 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions concerning the parent and child rela tionship, so as to provide that each parent shall provide for the maintenance, protection, and education of his child without regard to whether the child has reached the age of majority if such child is incapable of self-care and self-support because of a mental or physical disability.

On the motion, the yeas were 30, nays 0; the motion prevailed, and SB 35 was with drawn from the Senate Committee on Special Judiciary and committed to the Senate Com mittee on Judiciary.

Senator Peevy of the 48th moved that the following bill of the Senate be withdrawn from the Senate Committee on Industry and Labor and committed to the Senate Commit tee on Special Judiciary:

SB 340. By Senator Peevy of the 48th:
A bill to amend Code Section 44-14-364 of the Official Code of Georgia Anno tated, relating to the release of a mechanic's lien or a materialman's lien on the filing of bond, so as to provide that bond shall be in the amount claimed under the lien if such lien amount is $1,500.00 or less.

On the motion, the yeas were 36, nays 0; the motion prevailed, and SB 340 was with-

WEDNESDAY, FEBRUARY 25, 1987

1107

drawn from the Senate Committee on Industry and Labor and committed to the Senate Committee on Special Judiciary.
The following resolutions of the Senate were read and adopted:
SR 164. By Senator Kidd of the 25th: A resolution relative to economically depressed counties in certain rural areas of Georgia.
SR 168. By Senator Barker of the 18th: A resolution commending Mrs. Don McCain.
SR 169. By Senator Dean of the 31st: A resolution commending Max W. Crook, Sr.
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 25, 1987
THIRTY-FIRST LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 369 Engram, 34th Fayette County Creates Fayette County Water Authority; authorizes authority to acquire, construct, add to, extend, improve, equip, operate, and maintain projects em bracing sources of water supply and distribution and sale of water and re lated facilities to individuals, private concerns, municipal corporations, the State of Georgia, and its political subdivisions and instrumentalities thereof.
*HB 803 Peevy, 48th Phillips, 9th Gwinnett County Amends Act creating Recorder's Court of county; provides for an additional judge of such court. (SUBSTITUTE)
HB 832 English, 21st City of Louisville Jefferson County Amends Act re-incorporating city in county; provides that a person holding office of coroner is specifically authorized to simultaneously hold any office of the city.
HB 846 Crumbley, 17th Henry County Amends Act providing new Board of Commissioners of county; changes com pensation of members of board.
HB 847 Crumbley, 17th Henry County Amends Act providing new Board of Commissioners of county; provides that no person shall be eligible to seek election to or to serve as a member of the

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board if such person holds or is seeking election to any other federal, state, or local office.
HB 858 English, 21st Emanuel County
Provides a Board of Elections of county.
HB 864 Engram, 34th Fayette County
Continues amendment providing for election of members of Board of Educa tion of county by people; provides authority.
HB 868 Brown, 47th City of Colbert Madison County Amends Act creating new charter for city; changes term of office of mayor.
HB 872 Harris, 27th City of Culloden Monroe County
Amends Act incorporating city of Culloden in county; provides election of city council members from districts.
HB 895 Echols, 6th Gillis, 20th Appling County Continues amendment providing for election of members of county Board of Education of Appling County from school districts and for terms of office and qualifications of board members.
HB 904 Crumbley, 17th City of Flovilla City of Jackson City of Jenkinsburg Butts County Amends Act creating Butts County, City of Flovilla, City of Jackson, and City of Jenkinsburg Water and Sewer Authority; provides that a vacancy in the membership of the authority shall be filled for the remainder of the unexpired term by the governing authority of county or municipality which appointed the member who has vacated his or her membership on the au thority.
The substitute to the following bill was put upon its adoption:
*HB 803:
The Senate Committee on Urban and County Affairs offered the following substitute to HB 803:
A BILL
To be entitled an Act to amend an Act creating the Recorder's Court of Gwinnett County, approved March 27, 1972 (Ga. L. 1972, p. 3125), as amended, so as to provide for an additional judge for such court; to provide for the appointment, term of office, compensa-

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1109

tion, and powers of such additional judge; to provide for the title of chief judge; to provide duties and responsibilities of the chief judge; to provide for a solicitor and an assistant solic itor; to provide for the service, qualifications, powers, and compensation of the solicitor and the assistant solicitor; to provide for the compensation of the judges; to provide for the compensation of the clerk; to provide that the judges, solicitor, and assistant solicitor may not engage in the private practice of law; to provide the time and place of holding court; to provide for a judge pro hac vice; to provide for fines, fees, and costs in the court; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating the Recorder's Court of Gwinnett County, approved March 27, 1972 (Ga. L. 1972, p. 3125), as amended, is amended by striking in its entirety Section 5 and inserting in lieu thereof a new Section 5 to read as follows:
"Section 5. Judge; Selection; Term; Vacancies, (a) There shall be two judges of the recorder's court appointed by the chief judge of the Superior Court of Gwinnett County and the chief judge of the State Court of Gwinnett County. Each judge appointed shall serve for a term of four years and until a successor is appointed and qualified. All vacancies occurring in such offices shall be filled in like manner, for the remainder of the unexpired term.
(b) The judge in office on the effective date of this Act shall serve until December 31, 1988, and until a successor is appointed and qualified.
(c) The second judge as provided in subsection (a) of this section shall be appointed for an initial term ending December 31, 1990, and until a successor is appointed and qualified.
(d) The judge of the recorder's court senior in length of continuous service as a re corder's court judge shall be chief judge. The chief judge shall be responsible for the admin istration and expeditious disposition of the business of the court and shall have power to make such rules as he shall deem necessary or proper for such purpose but not in conflict with the general laws of this state. The rules of the chief judge shall be binding on the other judge or judges of the recorder's court."
Section 2. Said Act is further amended by striking in its entirety Section 6A and in serting in lieu thereof a new Section 6A to read as follows:
"Section 6A. Solicitor and assistant solicitor, (a) The chief judge of the recorder's court is authorized to employ a solicitor to serve at the pleasure of the judge. The solicitor shall interview and subpoena witnesses and shall produce evidence to the court. The solici tor shall possess the same qualifications as the solicitor of the State Court of Gwinnett County. The solicitor's salary shall be equal to 65 percent of the salary of the district attor ney of the Gwinnett Judicial Circuit, which salary shall be paid by the governing authority of Gwinnett County.
(b) The solicitor is authorized to employ an assistant solicitor to serve at the pleasure of the solicitor. He shall perform the same duties and possess the same qualifications as the solicitor. The assistant solicitor's salary shall be $24,000.00 per year and shall be paid by the governing authority of Gwinnett County."
Section 3. Said Act is further amended by striking in its entirety Section 7 and in serting in lieu thereof a new Section 7 to read as follows:
"Section 7. Judges' compensation. The salary of the judges of the recorder's court shall be equal to 65 percent of the salary of a judge of superior court of the Gwinnett Judi cial Circuit including any supplement, which salary shall be paid by the governing authority of Gwinnett County."
Section 4. Said Act is further amended by inserting immediately following Section 7 a new section, to be designated Section 7A, to read as follows:
"Section 7A. Prohibition from private practice of law. The judges, solicitor, and assis tant solicitor are prohibited from engaging in the private practice of law."

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Section 5. Said Act is further amended by striking in its entirety Section 8 and in serting in lieu thereof a new Section 8 to read as follows:
"Section 8. Clerk; Duties; Bond and compensation. The clerk of said recorder's court shall be appointed by the chief judge of the Superior Court of Gwinnett County and the chief judge of the State Court of Gwinnett County, whose duty it shall be to keep a record of all proceedings of said court, to collect all costs, fines and forfeitures, and to remit same by the fifteenth day of the following month to the director of finance of Gwinnett County or such other person as may be designated by the governing authority of Gwinnett County, for deposit in the county depository, as general funds of Gwinnett County. Said clerk shall further be authorized and empowered to issue summons, subpoenas, rules to forfeit bonds, and such other similar rules as may be by law authorized. Said clerk shall be bonded to Gwinnett County in the sum of $5,000.00 for the faithful performance of the duties of office and for the accounting for all funds coming into the possession of the clerk by virtue of the office and to insure the county against loss of any such funds and said bond premium to be paid from county funds as an expense of said court. Said clerk may appoint a sufficient number of deputy clerks as may be needed, who shall give bond in like manner as the clerk. The clerk shall receive as compensation for services a salary equal to 80 percent of the salary of the clerk of the Superior and State Courts of Gwinnett County, which salary shall be paid by the governing authority of Gwinnett County."
Section 6. Said Act is further amended by striking in its entirety Section 12 and in serting in lieu thereof a new Section 12 to read as follows:
"Section 12. Time and places of holding court. The Recorder's Court of Gwinnett County shall be held at the county courthouse or at a facility within the county site as designated by the chief judge thereof, and at such hour or hours of the day or evening as shall be fixed by the chief judge."
Section 7. Said Act is further amended by striking in its entirety Section 13 and in serting in lieu thereof a new Section 13 to read as follows:
"Section 13. Recorder Pro Hac Vice. The chief judge of the Recorder's Court of Gwin nett County shall have the authority to designate a practicing attorney holding the qualifi cations of a judge of the recorder's court to serve as judge pro hac vice in the place of either judge during an absence, because of disability, or if a judge is disqualified. A judge pro hac vice while serving as judge shall have the same power and authority vested in the judges of said court and shall be paid at the rate of $100.00 per day by the governing authority of Gwinnett County."
Section 8. Said Act is further amended by striking in its entirety Section 14 and in serting in lieu thereof a new Section 14 to read as follows:
"Section 14. Fines and punishment, (a) Upon conviction of violation of any of the traffic laws as stated, the judge of said court may punish such offender by imposing a fine not in excess of that prescribed by the traffic laws or by imprisonment in the county jail or public works camp or to work on such public works as the county authorities may employ, or by any one or more of such punishments as may be provided by law.
(b) Upon conviction of violation of any ordinance of Gwinnett County, the judge may impose a fine not to exceed $500.00; by imprisonment for not to exceed 60 days; or by such fine or period of imprisonment as may be provided in any such ordinance, any one or both in the discretion of the court.
(c) The judge of the recorder's court shall have the authority to place any person found guilty of a violation of a traffic law or an ordinance of Gwinnett County upon proba tion and to suspend or modify any sentence. In addition to any such punishment, the court may require attendance at safety education schools and other training and educational programs.
(d) Any person who is placed on probation under subsection (c) of this section as a

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result of having been found guilty of violating any traffic law of this state shall serve such probation under the supervision of the Department of Corrections."
Section 9. Said Act is further amended by striking in its entirety Section 21 and in serting in lieu thereof a new Section 21 to read as follows:
"Section 21. Costs. In each case of conviction in said recorder's court, the costs as sessable shall be $14.50, plus an amount per case for the Gwinnett County Library Fund as set by the board of trustees of the Gwinnett County Law Library. All costs so collected shall be paid into the general fund of Gwinnett County for general county purposes, except that the library fund amounts shall be paid to the treasurer of the Gwinnett County Law Li brary. Defendants unable to pay fines and costs may be required to work at the public works of Gwinnett County."
Section 10. 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 11. 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 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 Coleman Coverdell Dawkins Deal Dean

Echols Edge Engram Fincher Foster Gillis Harris Harrison Hine Howard Hudgins Huggins Kennedy Kidd Land

Langford McGill Newbill Olmstead Peevy Perry Ragan Ray Scott of 2nd Scott of 36th Stumbaugh Tate Tolleson Turner Walker

Those not voting were Senators:

Barker Crumbley English Garner

McKenzie Phillips Shumake

Starr Timmons Tysinger

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 803, having received the requisite constitutional majority, were passed.

HB 803, having received the requisite constitutional majority, was passed by substitute.

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SENATE RULES CALENDAR
Wednesday, February 25, 1987
THIRTY-FIRST LEGISLATIVE DAY
SB 113 Torts--qualified immunity, persons, officers of certain nonprofit organizations (SUBSTITUTE) (JUDY--49th)
(Pursuant to SENATE Rule 143, final passage of the bill was suspended.)
HB 508 Property, Casualty Insurance Rates--circumstances for Commissioner to approve (SUBSTITUTE) (AMENDMENTS) (INS-55th)
(Pursuant to SENATE Rule 143, final passage of the bill was suspended.)
HB 159 Total Loss Claim Paid on Stolen Automobile--transfer title to insurance com pany (SUBSTITUTE) (INS--55th)
SB 292 Board of Physical Therapy--authorize to refuse to grant, restore license (GOV OP--4th)
SB 312 Subsequent Injury Trust Fund--reimbursement of certain expenses (SUBSTI TUTE) (I&L--45th)
SR 147 Capitol Hill Master Plan Commission--create (GOV OP--41st)
HB 6 Free Fishing Days--certain days to fish without license (NAT R--21st)
HB 72 Motorcycle Operator--proof of insurance coverage in possession (AMEND MENT) (TRANS--10th)
HB 616 Municipal Governing Authority--define retirement and pensions (U&CA G--33rd)
SB 218 Insurance Regulation--provisions on higher rates after 7/1/87 (SUBSTITUTE) (INS--45th)
SB 315 Emergency Medical Services Systems--declaration of policy (HUM R--30th)
HB 108 Real Estate Broker, Salesperson--change continuing education requirements (SUBSTITUTE) (I&L--45th)
HB 383 Board of Registration for Professional Geologists--provisions (NAT R--21st)
SB 204 County Purchasing Departments--emergency purchases (SUBSTITUTE) (JUDY--35th)
HB 606 Bidding of Local Government Contracts--revise provisions (TRANS--27th)
SB 359 War Veterans Cemetery--authorize Veterans Service Board to operate (D&VA--25th)
HB 521 Municipal Property Sale--procedures when no longer needed for roads (SUB STITUTE) (U&CA G--8th)
HB 28 Articles of Incorporation, Mergers, Dissolutions of Business Corporations--filing fees (JUDY--49th)
SR 157 Baldwin County--Properties Commission resolve title matter affecting state land (PUB U--25th)
HR 188 Flat Shoals Parkway--designate in DeKalb County (TRANS-43rd)
HB 454 Sexual Exploitation of Children--change certain provisions on crime (C&Y--15th)
HB 561 Redevelopment Powers Law--additional areas in redevelopment area (U&CA G--39th)
SB 158 Property Sales under Execution--time of sales (AMENDMENT) (S JUDY--51st)
SB 16 Cable Television--prohibit multiple-unit dwelling owner interference (SUBSTI TUTE) (GOV OP--25th)

WEDNESDAY, FEBRUARY 25, 1987

1113

Respectfully submitted,
/s/ Nathan Dean Dean of the 31st, Chairman Senate Rules Committee

The following general bill of the Senate, having been read the third time and final ac tion suspended on February 24, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage:

SB 113. By Senator Deal of the 49th:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to torts in general, so as to provide a qualified immunity from civil liabil ity for persons serving as directors, officers, and trustees of certain nonprofit organizations.

The substitute to SB 113 offered by Senator Deal of the 49th and adopted on February 25, as it appears in the Journal of February 25, was automatically reconsidered and put upon its adoption.

Senator Barnes of the 33rd offered the following amendment:

Amend the substitute to SB 113 offered by Senator Deal of the 49th by striking from lines 5 and 6 of page 1 the following:
", or governmental entities".
By striking from lines 22 and 23 of page 1 the following:
"or of any governmental agency, board, authority, or entity".
On the adoption of the amendment, the yeas were 33, nays 0, and the amendment was adopted.

On the adoption of the substitute, the yeas were 37, nays 0, and the substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by 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 Bowen Brannon Broun of 46th Brown of 47th Bryant Coleman Coverdell Deal Dean Echols Edge

English Engram Foster Gillis Harris Harrison Mine Howard Huggins Kennedy Kidd Land Langford McGill McKenzie

Newbill Olmstead Peevy Perry Phillips Ragan Ray Scott of 2nd Scott of 36th Stumbaugh Tate Tolleson Turner Tysinger Walker

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JOURNAL OF THE SENATE

Those not voting were Senators:

Barker Burton Crumbley Dawkins

Fincher Garner Hudgins

Shumake Starr 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.

The following bill of the House was taken up for the purpose of considering the House action thereon:

HB 169. By Representatives Parham of the 105th, Parrish of the 109th, Cooper of the 20th, Atkins of the 21st and Twiggs of the 4th:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change the listing of certain controlled substances and dangerous drugs; to make certain activities illegal and provide penalties therefor.

Senator Gillis of the 20th moved that the Senate adhere to the Senate amendment to HB 169 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 amendment to HB 169.

The President appointed as a Conference Committee on the part of the Senate the following:

Senators Howard of the 42nd, Fincher of the 54th and Albert of the 23rd.

The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:

SB 292. By Senators Kennedy of the 4th, Barnes of the 33rd, Kidd of the 25th and Coleman of the 1st:
A bill to amend Chapter 33 of Title 43 of the Official Code of Georgia Annotated, known as the "Georgia Physical Therapy Act," so as to change the authority of the State Board of Physical Therapy to refuse to grant or restore a license to an applicant or to discipline a physical therapist assistant; to provide for a code of ethics and standards of practice.

Senators Kennedy of the 4th and Barnes of the 33rd offered the following amendment:

Amend SB 292 by adding in the title on line 7 of page 1, following the first semicolon and preceding the words "to provide", the following:
"to prescribe certain standards of care and skill for persons practicing physical therapy; to provide for liability for failure to exercise certain care and skill;".

WEDNESDAY, FEBRUARY 25, 1987

1115

By renumbering Section 3 on page 4 as Section 4 and adding between lines 14 and 15 on page 4 a new Section 3 to read as follows:
"Section 3. Said chapter is further amended by adding between Code Sections 43-33-20 and 43-33-21 a new Code Section 43-33-20.1 to read as follows:
'43-33-20.1. A person professing to practice physical therapy for compensation must bring to the exercise of that person's profession a reasonable degree of care and skill. Any injury resulting from a failure to exercise such care and skill shall be a tort for which recov ery may be had. If a physical therapist performs upon an individual or group of individuals any act authorized to be performed under this chapter but which act also constitutes a standard procedure of the practice of medicine, under similar circumstances, the physical therapist shall be held to the same standard of care as would licensed doctors of medicine who are qualified to and who actually perform those acts under similar and like conditions.' "

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 Barnes Bowen Broun of 46th Brown of 47th Bryant Coleman Coverdell Crumbley Dawkins Deal Dean Echols

Edge English Engram Foster Gillis Harris Harrison Mine Howard Huggins Kennedy Kidd Land McGill Newbill

Olmstead Peevy Perry Phillips Ragan Ray Scott of 2nd Scott of 36th Stumbaugh Tate Tolleson Turner Tysinger Walker

Those not voting were Senators:

Barker Brannon Burton Fincher

Garner Hudgins Langford McKenzie

Shumake Starr Timmons

On the passage of the bill, the yeas were 44, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

Senator Kennedy of the 4th moved that SB 292 be immediately transmitted to the House.

On the motion, the yeas were 35, nays 0; the motion prevailed, and SB 292 was immedi ately transmitted to the House.

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JOURNAL OF THE SENATE

Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair.

SB 312. By Senator Dawkins of the 45th:
A bill to amend Code Section 34-9-360 of the Official Code of Georgia Annotated, relating to the terms and conditions for reimbursement from the Subsequent In jury Trust Fund, so as to provide for reimbursement of only those indemnity, medical, or rehabilitation expenses which an employer or insurer was legally obli gated to pay to an employee or claimant; to provide for standards for the rate of reimbursement.

The Senate Committee on Industry and Labor offered the following substitute to SB 312:

A BILL
To be entitled an Act to amend Code Section 34-9-360 of the Official Code of Georgia Annotated, relating to the terms and conditions for reimbursement from the Subsequent Injury Trust Fund, so as to provide for reimbursement of only those indemnity, medical, or rehabilitation expenses which an employer or insurer was legally obligated to pay to an employee or claimant; to provide for standards for the rate of reimbursement; to provide for review by the State Board of Workers' Compensation; 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 34-9-360 of the Official Code of Georgia Annotated, relating to the terms and conditions for reimbursement from the Subsequent Injury Trust Fund, is amended by adding a new subsection (f) to read as follows:
"(f) The fund shall reimburse only those indemnity, medical, and rehabilitation ex penses that the employer or insurer was legally obligated to pay to the employee or claim ant. The fund shall reimburse such expenses at a rate not exceeding the usual and custom ary charges. The administrator of the fund may refer any medical or rehabilitation expense to the State Board of Workers' Compensation for review and recommendation and, in the event of a dispute between the fund and the employer or insurer, the questioned medical and rehabilitation expense shall be referred to the State Board of Worker's Compensation for approval. This subsection shall apply to any claim filed against the fund on and after July 1, 1987."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 37, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Brannon Broun of 46th Brown of 47th Bryant

Burton Coverdell Crumbley Dawkins Deal Dean Echols Edge

Engram Fincher Foster Garner Gillis Harris Harrison Hine

WEDNESDAY, FEBRUARY 25, 1987

1117

Howard Hudgins Muggins Kidd Land Langford McGill McKenzie

Newbill Olmstead Peevy Perry Phillips Ragan Ray Scott of 2nd

Scott of 36th Starr Stumbaugh Tate Tolleson Turner Tysinger Walker

Those not voting were Senators:

Barker Bowen Coleman

English Kennedy (presiding)

Shumake 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.

Senator Dawkins of the 45th moved that SB 312 be immediately transmitted to the House.

On the motion, the yeas were 34, nays 0; the motion prevailed, and SB 312 was immedi ately transmitted to the House.

Senator McGill of the 24th introduced the Lincoln County High School football team who were commended by SR 94, adopted previously.

The following general resolution and bills of the Senate and House, favorably reported by the committees, were read the third time and put upon their passage:

SR 147. By Senators Tysinger of the 41st, Scott of the 2nd, Brown of the 47th and others:
A resolution creating the Capitol Hill Master Plan Commission to prepare a de velopment plan for state-owned property in the Capitol Hill area and to plan for the future needs of state government.

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 was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Brannon
nBBrrroywUannt of/^47uth Burton
Coverdell Crumbley
Dawkins Deal

Dean Echols Edge English Engram
FGo'a"sr?tneerr Gillis
Harris Harrison
Hine Huggins

Kidd Land Langford McGill McKenzie
NO,,..elmwsbtiellad, Peevv
Perrv Phillips
Ray Scott of 36th

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JOURNAL OF THE SENATE

Starr Tate

Tolleson Turner

Those not voting were Senators:

Tysinger Walker

Barker Bowen Coleman Howard

Hudgins Kennedy (presiding) Ragan Scott of 2nd

Shumake Stumbaugh Timmons

On the adoption of the resolution, the yeas were 44, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.
HB 6. By Representative Childers of the 15th:
A bill to amend Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to game and fish licenses, permits, and stamps, so as to provide that the commissioner of natural resources shall designate certain days as free fishing days during which residents may fish without obtaining a fishing license.
Senate Sponsor: Senator English of the 21st.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen Brannon Broun of 46th Brown of 47th Bryant Burton Coverdell Crumbley Dawkins Deal Dean Echols

Edge English Fincher Foster Gillis Harrison Hine Howard Hudgins Huggins Kidd Land Langford McGill McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan Ray Scott of 36th Shumake Starr Stumbaugh Tate Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Barker Coleman Engram

Garner Harris

Kennedy (presiding) Scott of 2nd

On the passage of the bill, the yeas were 48, nays 0.

WEDNESDAY, FEBRUARY 25, 1987

1119

The bill, having received the requisite constitutional majority, was passed.

HB 72. By Representatives Cox of the 141st, Patten of the 149th, Bargeron of the 108th, Greene of the 130th and Mostiler of the 75th:
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 re quire the operator of a motorcycle to keep proof or evidence of minimum insur ance coverage required by law in his immediate possession at all times when such person is operating the vehicle.
Senate Sponsor: Senator Ragan of the 10th.

The Senate Committee on Transportation offered the following amendment:
Amend HB 72 by adding in the title on line 6 of page 1, between the word "possession" and the word "at", the following:
"or on the motorcycle".
By adding in Section 1 on line 16 of page 2, between the word "possession" and the word "at", the following:
"or on the motorcycle".

On the adoption of the amendment, the yeas were 38, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen Brannon Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols

Edge English Engram Foster Garner Gillis Harris Harrison Hine Hudgins Huggins Kidd Land Langford McGill McKenzie

Newbill Olmstead Perry Phillips Ragan Ray Scott of 36th Shumake Starr Stumbaugh Tate Timmons Tolleson Turner Tysinger Walker

Voting in the negative was Senator Peevy.

Those not voting were Senators:

Barker Fincher

Howard Kennedy (presiding)

Scott of 2nd

On the passage of the bill, the yeas were 49, nays 1.

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JOURNAL OF THE SENATE

The bill, having received the requisite constitutional majority, was passed as amended.

HB 616. By Representative Pettit of the 19th:
A bill to amend Code Section 36-35-4 of the Official Code of Georgia Annotated, relating to the authority of a municipal governing body to fix compensation and benefits, so as to provide a definition for certain terms.
Senate Sponsor: Senator Barnes of the 33rd.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen Brannon Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell Crumbley Deal Dean Echols

Edge Engram Fincher Foster Garner Gillis Harris Harrison Hine Howard Huggins Kidd Land Langford McGill

Newbill Olmstead Peevy Perry Phillips Ray Scott of 2nd Scott of 36th Starr Tate Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Barker Dawkins English

Hudgins Kennedy (presiding) McKenzie

Ragan Shumake Stumbaugh

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 218. By Senators Dawkins of the 45th, Garner of the 30th, Foster of the 50th and others:
A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance rates and rate making, so as to provide that on and after July 1, 1987, no insurer shall charge or collect for any policy of insurance to which Chapter 9 of Title 33 applies any rate which exceeds its ex isting rate filed with the Commissioner by 10 percent or a higher percentage un less such rate has been approved by the Commissioner.

The Senate Committee on Insurance offered the following substitute to SB 218:

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 rates and rate making, so as to provide

WEDNESDAY, FEBRUARY 25, 1987

1121

that on and after July 1, 1987, no insurer shall increase in any line by more than 10 percent the premium used, charged, or collected during the previous policy period unless the Com missioner of Insurance has approved the increase; to provide for applicability; to provide that a premium increase shall be deemed approved within 90 days of the date of application for approval unless approved or disapproved prior thereto; to allow for extensions of such time period; to provide for notice and hearings; to provide that an order disapproving a premium increase or withdrawing an approval shall state the grounds for such action; 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 rates and rate making, is amended by adding following Code Section 33-9-21 a new Code Section 33-9-21.1 to read as follows:
"33-9-21.1 (a) On and after July 1, 1987, no insurer shall increase in any line by more than 10 percent the premium used, charged, or collected during the previous policy period unless the Commissioner has approved the increase. This subsection shall apply to the premiums that policyholders actually pay and that reflect any adjustments from the rates filed with the Commissioner.
(b) At the expiration of 90 days following the date of application for approval, the premium increase shall be deemed approved unless prior thereto it has been approved or disapproved by the Commissioner. Approval of any premium increase by the Commissioner before the expiration of 90 days shall constitute a waiver of any unexpired portion of the 90 day period. The Commissioner may extend by not more than an additional 90 days the period within which he may approve or disapprove any premium increase by giving notice of the extension before expiration of the initial 90 day period. At the expiration of the period as so extended and in the absence of prior approval or disapproval, any premium increase shall be deemed approved. The Commissioner may at any time, after notice and for cause shown, withdraw any approval after notice and hearing as provided in Chapter 2 of this title.
(c) Any order of the Commissioner disapproving any premium increase or withdrawing a previous approval shall state in reasonable detail the grounds for that action."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Senator Dawkins of the 45th offered the following amendment:
Amend the substitute to SB 218 offered by the Senate Committee on Insurance by striking lines 1 through 27 of page 1 and lines 1 through 23 of page 2 and inserting in lieu thereof the following:
"To amend Code Section 33-9-4 of the Official Code of Georgia Annotated, relating to standards applicable to the making and use of insurance rates, so as to authorize the Com missioner to establish maximum amounts of modifications to classifications of risks; to re peal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 33-9-4 of the Official Code of Georgia Annotated, relating to standards applicable to the making and use of insurance rates, is amended by striking para graph (7) and inserting in lieu thereof a new paragraph (7) to read as follows:
'(7) Risks may be grouped by classifications for the establishment of rates and mini mum premiums. Classification rates may be modified to produce rates for individual risks in accordance with rating plans which establish standards for measuring variations in hazards or expense provisions, or both. Such standards may measure any difference among risks that have a probable effect upon losses or expenses. Classifications or modifications of classifica tions of risks may be established based upon size, expense, management, individual experi ence, location or dispersion of hazard, or any other reasonable considerations. Such classifi cations and modifications shall apply to all risks under the same or substantially the same

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JOURNAL OF THE SENATE

circumstances or conditions; provided, however, the Commissioner may establish the maxi mum amount of any such modification;' ".

On the adoption of the amendment, the yeas were 38, nays 0, and the amendment was adopted.

On the adoption of the substitute, the yeas were 34, nays 0, and the substitute was adopted as amended.

Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced that, pursuant to Senate Rule 143, the amendment would be treated as a substitute, and consideration of the amendment, the substitute and the bill will be suspended and placed on the Senate General Calendar.

SB 315. 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 change certain provisions relating to definitions; to substitute the term "paramedic" for "ad vanced emergency medical technician" everywhere it appears in this chapter.

Senators Albert of the 23rd and Timmons of the llth offered the following amendment:
Amend SB 315 by striking lines 30-34 of page 7 and lines 1-3 of page 8 and inserting in their place the following:
"more than 30 total members. Each regional EMS".

On the adoption of the amendment, the yeas were 35, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen Brannon Broun of 46th Brown of 47th Bryant Burton Crumbley Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Garner Gillis Harris Harrison Hine Howard Huggins Kidd Land Langford McGill McKenzie

Newbill Peevy Perry Phillips Ragan Ray Scott of 36th Shumake Starr Stumbaugh Tate Timmons Tolleson Turner Tysinger Walker

WEDNESDAY, FEBRUARY 25, 1987

1123

Those not voting were Senators:

Barker Coleman Coverdell

Hudgins Kennedy (presiding)

Olmstead Scott of 2nd

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 108. By Representatives Johnson of the 72nd, Lee of the 72nd, Benefield of the 72nd, Bailey of the 72nd and Isakson of the 21st:
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 continu ing education requirements; to change the requirements relative to nonresident licenses; to change certain requirements relative to granting a broker's, associate broker's, or salesperson's license to a corporation or partnership.
Senate Sponsor: Senator Dawkins of the 45th.

The Senate Committee on Industry and Labor offered the following substitute to HB 108:

A BILL
To be entitled an Act to amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, so as to change certain continu ing education requirements; to change the requirements relative to nonresident licenses; to change certain requirements relative to granting a broker's, associate broker's, or salesper son's license to a corporation or partnership; to provide for trust accounts; to provide that a real estate licensee who brings an action to collect a commission must show that he or she was licensed in Georgia at the time the cause of action arose; to provide for violations and fines for violations; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, is amended by striking subsection (d) of Code Section 43-40-8, relating to qualifications of licensees, in its entirety and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) Except those individuals actively licensed on January 1, 1980, each applicant for renewal of a license must furnish to the commission before renewing a license evidence of satisfactorily completing a continuing education course or courses approved by the commis sion. The length of the course or courses taken by licensees to meet this requirement of continuing education must total at least three hours for each year of the renewal period established by the commission. The commission shall not require the passing of an examina tion to meet this requirement. Continuing education courses will be provided by all educa tional or duly authorized instructional organizations teaching real estate licensing courses. No licensee whose license has been placed on inactive status shall be allowed to reactivate unless the provisions of this subsection and subsection (g) of Code Section 43-40-12 are met."
Section 2. Said chapter is further amended by striking Code Section 43-40-9, relating to nonresident licenses, in its entirety and inserting in lieu thereof a new Code Section 4340-9 to read as follows:
"43-40-9. (a) A nonresident making application for a nonresident license must com ply with this Code section. Nonresidents holding a license on June 30, 1987, shall not be required to meet the prelicense education and examination requirements of this Code sec tion in order to continue to hold a license after that date unless they allow that license to lapse or apply for a license that requires passing a different qualifying examination.
(b) A nonresident of this state may be granted a license upon meeting the age, educa-

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JOURNAL OF THE SENATE

tion, and examination requirements as prescribed by the commission in Code Section 43-408.
(c) A nonresident license may not be granted to an individual unless that individual is affiliated with a resident or nonresident broker. If a nonresident licensee terminates the affiliation with a broker licensed by the commission, the license of such nonresident shall automatically be terminated unless such nonresident places the license on inactive status or affiliates with another broker licensed by the commission within 14 days. No license shall be issued to any member, officer, independent contractor, employee, or partner of a nonresi dent partnership or corporation until said partnership or corporation qualifies for a broker's license. A nonresident corporation must obtain from the Secretary of State a certificate of authority to act as a foreign corporation.
(d) At the time of filing an application for examination, a nonresident applicant must cause the licensing body of the applicant's resident state or territory to furnish to the com mission a certification of licensure and copies of the records of any disciplinary actions taken against the applicant's license in that or other states.
(e) The imposition of a disciplinary action by any other lawful licensing authority may be ground for denial of a license to a nonresident or for suspension or revocation of a license issued to a nonresident.
(f) Prior to the issuance of a license to a nonresident, the applicant shall file with the commission a designation in writing that appoints the commissioner to act as the licensee's agent, upon whom all judicial and other process or legal notices directed to such licensee may be served. Service upon the commissioner shall be equivalent to personal service upon the licensee. Copies of such appointment, certified by the commissioner, shall be deemed sufficient evidence thereof and shall be admitted in evidence with the same force and effect as the original thereof might be admitted. In such written designation, the licensee shall agree that any lawful process against the licensee which is served upon the commissioner shall be of the same legal force and validity as if served upon the licensee and that the authority shall continue in force so long as any liability remains outstanding in this state. Upon the receipt of any such process or notice, the commissioner shall immediately mail a copy of the same by certified mail to the last known business address of the licensee.
(g) Prior to the issuance of a license to a nonresident licensee, the applicant shall agree in writing to cooperate with any investigation initiated in accordance with Code Sec tion 43-40-27 by promptly supplying any documents any authorized investigator of the com mission may request and by personally appearing at the commission's offices or other loca tion in Georgia as the commission's investigator may request. If the commission sends a notice to produce documents or to appear for an interview with an authorized investigator of the commission by certified mail to the last known business address of a nonresident licensee and the nonresident licensee fails to comply with that request, the commission may impose on the nonresident licensee any disciplinary sanction permitted by this chapter.
(h) The license of a resident of this state whose residency is removed from this state shall automatically be terminated. In order to conduct brokerage business in this state, such an individual must meet the requirements of this Code section, except that, if such individ ual applies for a nonresident's license within one year of removal of residency from this state, the prelicense education and examination requirements of Code Section 43-40-8 shall be waived.
(i) Notwithstanding any other provision of this Code section, the commission and sim ilar licensing authorities of other states may enter into written agreements which provide for waivers of education requirements and portions of examinations if the commission deems the education and examination requirements of another state to be substantially equivalent to the requirements of this chapter and its rules and regulations. However, applicants for nonresident licensure must pass an examination covering the provisions of this chapter and other real estate principles the commission deems appropriate for nonresidents."

WEDNESDAY, FEBRUARY 25, 1987

1125

Section 3. Said chapter is further amended by striking Code Section 43-40-10, relating to the granting of a broker's, associate broker's, or salesperson's license to a corporation or partnership, in its entirety and inserting in lieu thereof a new Code Section 43-40-10 to read as follows:
"43-40-10. (a) No broker's license shall be granted to a corporation or partnership unless said corporation or partnership designates an individual licensed as a broker as its qualifying broker who shall be responsible for assuring that the corporation or partnership and its affiliated licensees comply with the provisions of this chapter and its attendant rules and regulations. Violations of this chapter or rules and regulations by a corporation or part nership licensed as a broker shall subject the license of the qualifying broker to sanction as authorized by this chapter. No broker's license shall be granted to a corporation or partner ship unless every person who acts as a licensee for such corporation or partnership shall hold a real estate license.
(b) No associate broker's license shall be granted to a corporation or partnership un less said corporation or partnership designates an individual licensed as an associate broker as its qualifying associate broker who shall be responsible for assuring that the corporation or partnership complies with the provisions of this chapter and its attendant rules and regu lations. Violations of this chapter or rules and regulations by a corporation or partnership licensed as an associate broker shall subject the license of the qualifying associate broker to sanction as authorized by this chapter. The qualifying associate broker shall be the only licensee of a corporation or partnership licensed as an associate broker. The license of a corporation or partnership licensed as an associate broker must be assigned to a licensed broker. The licensed associate broker corporation or partnership or qualifying associate bro ker may not engage in the brokerage business except in behalf of the broker to whom their licenses are assigned.
(c) No salesperson's license shall be granted to a corporation or partnership unless said corporation or partnership designates an individual licensed as a salesperson as its qualifying salesperson who shall be responsible for assuring that the corporation or partner ship complies with the provisions of this chapter and its attendant rules and regulations. Violations of this chapter or rules and regulations by a corporation or partnership licensed as a salesperson shall subject the license of the qualifying salesperson to sanction as author ized by this chapter. The qualifying salesperson shall be the only licensee of a corporation or partnership licensed as a salesperson. The license of a corporation or partnership licensed as a salesperson must be assigned to a licensed broker. The licensed salesperson, corporation or partnership, or qualifying salesperson may not engage in the brokerage business except in behalf of the broker to whom their licenses are assigned."
Section 4. Said chapter is further amended by striking subsection (g) of Code Section 43-40-12, relating to license fees in general, in its entirety and inserting in lieu thereof a new subsection (g) to read as follows:
"(g) Any real estate broker who does not wish to be actively engaged in the brokerage business or any licensee who is temporarily not actively engaged on behalf of a broker may continue a license by making a written request within 14 days of ceasing work that the license be placed on inactive status. Any licensee whose license has been placed on an 'inac tive status' may not engage in the real estate brokerage business except in connection with property owned by the licensee. To reinstate a license held on inactive status, a licensee other than a broker must secure the signature of the broker for whom the licensee wishes to act; and a broker must make application to the commission prior to resuming brokerage activity. Any individual licensee who seeks to activate a license which has been on inactive status for a period of two years or longer shall be required to attend a commission approved course of study prior to activating an inactive license. The course of study shall consist of a commission approved education course or courses totaling at least three hours for each year the license was on inactive status."
Section 5. Said chapter is further amended by adding at the end of Code Section 43-

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40-20, relating to the requirement of a trust or escrow checking account for real estate busi ness, a new subsection (h) to read as follows:
"(h) Salespersons or associate brokers who receive security deposits or other trust funds on property they own or who receive payments as described in subsection (f) of this Code section must deposit those funds into a designated trust account maintained by the broker with whom their licenses are affiliated or in a designated trust account approved by that broker. If the broker approves the affiliated licensee's holding such trust funds in a designated trust account owned by the licensee, the broker shall assure that the bank in which the account is maintained designates the account as a trust account and the broker shall notify the commission of the name of the bank in which the account is maintained and the name of the account."
Section 6. Said chapter is further amended by striking Code Section 43-40-24, relating to requirements for the maintenance of an action to collect compensation, and inserting in lieu thereof a new Code Section 43-40-24 to read as follows:
"43-40-24. (a) No person shall bring or maintain any action in the courts of this state for the collection of compensation for the performance of any of the acts mentioned in this chapter without alleging and proving that he was a licensed broker in Georgia at the time the alleged cause of action arose.
(b) No broker shall bring or maintain any action in the courts of this state for the collection of compensation for the performance of any of the acts mentioned in this chapter without alleging and proving that any person acting in the broker's behalf was duly licensed in Georgia at the time the alleged cause of action arose.
(c) No broker shall bring or maintain any action against another broker nor shall any affiliated licensee bring or maintain any action against the broker holding his or her license for the collection of compensation under this chapter without alleging and proving that he or she was a licensee in Georgia at the time the alleged cause of action arose.
(d) The commission by and through its commissioner may bring an action for any violation of this chapter."
Section 7. Said chapter is further amended by striking that portion of subsection (a) of Code Section 43-40-25, relating to violations, which precedes paragraph (1) of said sub section and inserting in lieu thereof the following:
"(a) In accordance with the hearing procedures established for contested cases by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' the commission shall have the power to reprimand licensees and approved schools or instructors; to revoke or suspend any license issued under this chapter; to revoke or suspend approval of any school or instructor; to impose a fine not to exceed $1,000.00 for each violation of this chapter or its rules and regulations with fines for multiple violations limited to $2,000.00 in any one hear ing; to require completion of a course of study in real estate brokerage or instruction; to require the filing of periodic reports by an independent accountant on a real estate broker's designed trust account; or to utilize any combination of these sanctions which the commis sion may deem appropriate, whenever a license, a school approval, or an instructor approval has been obtained by false or fraudulent representation or whenever a licensee, an approved school, or an approved instructor has been found guilty of a violation of this chapter, or of the rules and regulations promulgated by the commission, or of any unfair trade practices, including, but not limited to, the following:".
Section 8. Said chapter is further amended by striking paragraphs (16) and (25) of subsection (a) of Code Section 43-40-25, relating to violations, and inserting in their respec tive places new paragraphs (16) and (25) to read as follows:
"(16) Performing or attempting to perform any of the acts of a licensee on property located in another state without first having been properly licensed in that state or other wise having complied fully with that state's laws regarding real estate brokerage;"
"(25) Having demonstrated incompetency to act as a real estate broker or salesperson

WEDNESDAY, FEBRUARY 25, 1987

1127

in such manner as to safeguard the interest of the public or any other conduct whether of the same or a different character than heretofore specified which constitutes dishonest dealing;".
Section 9. 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 Barnes
TM Bowen
Broun of 4 Brown of < Bryant Burton Coverdell Crumbley Dawkins Deal Dean Echols

Edge English Engram Foster
ELGarner
Hine Howard Huggins Kidd Land Langford McKenzie

Newbill Peevy Perry Phillips Ragan Ray Scott of 36th Shumake Starr Stumbaugh Tate Tolleson Turner Tysinger Walker

Those not voting were Senators:

Barker Coleman Fincher

Hudgins Kennedy (presiding) McGill

Olmstead Scott of 2nd Timmons

On the passage of the bill, the yeas were 46, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
HB 383. By Representative Phillips of the 120th: A bill to amend Chapter 19 of Title 43 of the Official Code of Georgia Annotated, known as the "Registration of Geologists Act of 1975", so as to change the provi sions relating to the State Board of Registration for Professional Geologists.
Senate Sponsor: Senator English of the 21st.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators:

Albert Allgood

Baldwin Barnes

Brannon Broun of 46th

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Brown of 47th Bryant Burton Coverdell Crumbley Dawkins Deal Dean Echols Edge English Engram Foster

Garner Gillis Harris Hine Howard Huggins Kidd Land Langford McGill McKenzie Newbill Peevy

Perry Phillips Ragan Ray Scott of 36th Shumake Starr Stumbaugh Tate Timmons Tolleson Turner Walker

Those not voting were Senators:

Barker Bowen Coleman Fincher

Harrison Hudgins Kennedy (presiding)

Olmstead Scott of 2nd Tysinger

On the passage of the bill, the yeas were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Peevy of the 48th moved that the following bill of the Senate, having been tabled on February 18, be taken from the Table:

SB 148. By Senators Peevy of the 48th and Deal of the 49th:
A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change definitions; to re move the original jurisdiction of the juvenile courts over certain juvenile capital crimes; to change the provisions relating to taking into custody, detaining, and releasing certain children accused of committing juvenile capital crimes.

On the motion, the yeas were 35, nays 0; the motion prevailed, and SB 148 was taken from the Table and placed at the foot of the Senate Rules Calendar for today.

The following general bills of the Senate and House, favorably reported by the commit tees, were read the third time and put upon their passage:

SB 204. By Senators Langford of the 35th, Scott of the 36th, Tate of the 38th and others:
A bill to amend an Act creating and establishing a purchasing department in certain counties of the state, as amended, so as to change the provisions relative to emergency purchases; to change the provisions relative to purchases by com petitive bids; to provide an effective date.

The Senate Committee on Judiciary offered the following substitute to SB 204:

A BILL
To be entitled an Act to amend an Act creating and establishing a purchasing depart ment in certain counties of the state, approved March 27, 1941 (Ga. L. 1941, p. 408), as amended, particularly by an Act approved April 29, 1975 (Ga. L. 1975, p. 1147), and an Act approved March 25, 1980 (Ga. L. 1980, p. 3858), so as to change the provisions relative to emergency purchases; to change the provisions relative to purchases by competitive bids; to

WEDNESDAY, FEBRUARY 25, 1987

1129

provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating and establishing a purchasing department in certain coun ties of the state, approved March 27, 1941 (Ga. L. 1941, p. 408), as amended, particularly by an Act approved April 29, 1975 (Ga. L. 1975, p. 1147), and an Act approved March 25, 1980 (Ga. L. 1980, p. 3858), is further amended by striking Section 8 in its entirety and substitut ing in lieu thereof a new Section 8 to read as follows:
"Section 8. All supplies and equipment shall be purchased or procured by the county purchasing agent, except those for the use of the departments under the jurisdiction of the county board of education and the county board of family and children services, provided that, in the event of an emergency requiring an immediate purchase involving an expendi ture of less than $10,000.00, the county manager may, in writing, authorize the immediate purchase of the same by the county purchasing agent, without receiving written bids there for, but before purchasing, the purchasing agent shall canvass such number of dealers and suppliers as the exigency of the situation will permit and shall make the purchase at the lowest obtainable price."
Section 2. Said Act is further amended by striking Section 10 in its entirety and sub stituting in lieu thereof a new Section 10 to read as follows:
"Section 10. If the several parts of the work or labor to be done or the supplies, materi als, and equipment to be furnished, or both, shall together involve an expenditure of more than $5,000.00, the same may be procured on order awarded to the lowest responsible bid der upon written bids submitted with public advertisement, under such regulation as shall be made by the county authority; and, if the same shall involve an expenditure of more than $750.00 but less than $4,999.00, such bids need not be written but a record thereof shall be made by the agency procuring the same and filed in the office of the county purchasing agent. Purchases of $749.00 or less may be made without competitive bids. Any other provi sion of this Act to the contrary notwithstanding, purchases of repair or maintenance services or repair and maintenance services of less than $10,000.00 may be made without competitive bids."
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 Allgood Baldwin Barnes Brannon Broun of 46th Brown of 47th Bryant Burton Coleman

Coverdell Crumbley Dawkins Deal Dean Echols Edge English Engram Foster

Garner Gillis Harris Howard Huggins Kidd Land Langford McGill Newbill

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Peevy Perry Phillips Ragan Ray

Scott of 2nd Scott of 36th Shumake Stumbaugh Tate

Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Barker Bowen Fincher Harrison

Hine Hudgins Kennedy (presiding)

McKenzie Olmstead 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.

HB 606. By Representatives Waldrep of the 80th and Bray of the 91st:
A bill to amend Chapter 10 of Title 36 of the Official Code of Georgia Annotated, relating to county public works contracts, and Chapter 4 of Title 32 of the Offi cial Code of Georgia Annotated, relating to state, county, and municipal road systems, so as to revise provisions relating to bidding of local government con tracts; to change the amount of contracts which must be bid.
Senate Sponsor: Senator Harris of the 27th.

Senator Barnes of the 33rd offered the following amendment:
Amend HB 606 by striking on page 1, line 16, after the word "by" the following:
"unanticipated events or circumstances which the county governing authority in its dis cretion determines to be an emergency."
and inserting the following:
"an emergency maintenance requiring immediate repairs which the county determines to be an emergency."

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 Barnes Brannon Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell Crumbley

Dawkins Deal Dean Echols Edge English Engram Fincher Foster Garner Gillis Harris

Hine Howard Huggins Kidd Land McGill McKenzie Newbill Peevy Perry Phillips Ragan

WEDNESDAY, FEBRUARY 25, 1987

1131

Ray Scott of 2nd Scott of 36th Shumake

Starr Stumbaugh Tate Timmons

Those not voting were Senators:

Tolleson Turner Tysinger

Barker Bowen Harrison

Hudgins Kennedy (presiding) Langford

Olmstead Walker

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

SB 359. By Senators Kidd of the 25th and Bryant of the 3rd:
A bill to amend Article 2 of Chapter 4 of Title 38 of the Official Code of Georgia Annotated, relating to veterans's benefits, so as to authorize the Veterans Service Board to establish, operate, and maintain a Georgia War Veterans Cemetery in this state; to provide restrictions for interment.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Brannon Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell Deal Dean Echols Edge

English Engram Fincher Foster Garner Gillis Harris Hine Howard Huggins Kidd Land Langford McGill Newbill

Those not voting were Senators:

Peevy Perry Phillips Ray Scott of 36th Shumake Starr Stumbaugh Tate Timmons Tolleson Turner Tysinger Walker

Barker Bowen Crumbley Dawkins

Harrison Hudgins Kennedy (presiding) McKenzie

On the passage of the bill, the yeas were 44, nays 0.

Olmstead Ragan Scott of 2nd

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The bill, having received the requisite constitutional majority, was passed.
HB 521. By Representative Connell of the 87th:
A bill to amend Code Section 36-37-6 of the Official Code of Georgia Annotated, relating to the sale of municipal property by sealed bids or auction generally, so as to provide an exception to such procedures for the sale of certain properties no longer needed for road purposes.
Senate Sponsor: Senator Turner of the 8th.
The Senate Committee on Urban and County Affairs offered the following substitute to HB 521:
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 change the provisions relating to the organization of county governments; to change the provisions relating to the sale of municipal property; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 36 of the Official Code of Georgia Annotated, relating to local govern ment, is amended by adding in Chapter 5, relating to the organization of county govern ment, a new Code Section 36-5-22.1 to read as follows:
"36-5-22.1. (a) The governing authority of each county has original and exclusive ju risdiction over the following subject matters:
(1) The directing and controlling of all the property of the county, according to law, as the governing authority deems expedient;
(2) The levying of a general tax for general county purposes and a special tax for particular county purposes;
(3) The establishing, altering, or abolishing of all roads, bridges, and ferries in con formity to law;
(4) Reserved;
(5) The filling of all vacancies in county offices unless some other body or official is empowered by law to so fill such vacancy;
(6) The examining, settling, and allowing of all claims against the county;
(7) The examining and auditing of the accounts of all officers having the care, manage ment, keeping, collection, or disbursement of money belonging to the county or appropri ated for its use and benefit and the settling of the same;
(8) The making of such rules and regulations for the support of the poor of the county, for the county police and patrol, for the promotion of health, and for quarantine as are authorized by law or not inconsistent therewith; and
(9) The regulating of peddling in the unincorporated areas of the county and fixing of the cost of licenses therefor.
(b) Nothing in this Code section shall be construed to prohibit a local law from dele gating to a chairman or chief executive officer of a county governing authority jurisdiction over any subject matter provided for in subsection (a) of this Code section."
Section 2. Said title is further amended by striking in its entirety paragraph (2) of

WEDNESDAY, FEBRUARY 25, 1987

1133

subsection (e) of Code Section 36-37-6, relating to the sale of municipal property by sealed bids or auction generally, and inserting in its place a new paragraph (2) to read as follows:
"(2) This Code section shall not apply to the disposal of property:
(A) Which is acquired by deed of gift, will, or donation and is subject to such condi tions as may be specified in the instrument giving or donating the property;
(B) Which is received from the United States government or from this state pursuant to a program which imposes conditions on the disposal of such property;
(C) Which is disposed of pursuant to the powers granted in Chapter 61 of this title, the 'Urban Redevelopment Law,' or a homesteading program;
(D) Which is sold or transferred to another governing authority or government agency for public purposes; or
(E) Which is no longer needed for public road purposes and which is disposed of pur suant to Code Section 32-7-4."
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 Allgood Baldwin Barnes Brannon Broun of 46th Brown of 47th BBuryrtaonnt Coverdell
Crumbley Deal Dean Echols Edge English

Engram Fincher Foster Garner Gillis Harris Hme HHouwdgairnds Huggins
Kidd Land Langford McGill McKenzie Newbill

Peevy Perry Phillips Ragan pay Scott of 2nd Scott of 36th ,,S,humak, e u Stumbaugh
Tate Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Barker Bowen Coleman

Dawkins Harrison Kennedy (presiding)

Olmstead Starr

On the passage of the bill, the yeas were 47, nays 0.

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JOURNAL OF THE SENATE

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 28. By Representatives Thomas of the 69th, Chambless of the 133rd and Waldrep of the 80th:
A bill to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to provide that superior court filing fees for articles of incorporation, amendments, restated articles, mergers or consolidations, dissolutions of business corporations, and dissolutions of non profit corporations shall be as provided in Code Section 15-6-77, relating to fees of clerks of superior courts.
Senate Sponsor: Senator Deal of the 49th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Brannon Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Echols

Edge English Engrain Fincher Foster Garner Gillis Harris Hine Howard Hudgins Huggins Kidd Land Langford

McGill McKenzie Newbill Peevy Perry Phillips Ragan Ray Scott of 36th Shumake Stumbaugh Tate Turner Tysinger Walker

Those not voting were Senators:

Barker
Bowen Dean Harrison

Kennedy (presiding) Olmstead Scott of 2nd

Starr Timmons Tolleson

On the passage of the bill, the yeas were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following resolution of the Senate was taken up for the purpose of considering the House substitute thereto:

SR 45. By Senators Langford of the 35th, Scott of the 36th, Shumake of the 39th and Engram of the 34th:
A resolution authorizing the State of Georgia, acting by and through the State Properties Commission, to enter into a lease agreement with the City of Atlanta pertaining to two described state owned tracts or parcels of property located in Fulton County, Georgia; to provide an effective date.

WEDNESDAY, FEBRUARY 25, 1987

1135

The House substitute to SR 45 was as follows:
A RESOLUTION
Authorizing the State of Georgia, acting by and through the State Properties Commis sion, to enter into a lease agreement with the City of Atlanta pertaining to two described state owned tracts or parcels of property located in Fulton 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 the City of Atlanta, Fulton County, Georgia; and
WHEREAS, said real property is described as follows:
All or part of those certain tracts or parcels of land, lying and being in the City of Atlanta, Georgia, in Land Lot 77, 14th District, Fulton County, Georgia, described as all or part of the Western & Atlantic Railroad air rights between Peachtree Street and Pryor Street (the property known as "Plaza Park") and those air rights and support rights re tained by the State of Georgia in a deed to Metropolitan Atlanta Rapid Transit Authority dated September 28, 1979, and recorded in Deed Book 7397, pages 141 through 147, Clerk's Office, Superior Court, Fulton County, Georgia (the property is known as "Meat Row Strip" (325 ' x 31 ')), both shown on Western & Atlantic Railroad Valuation Map No. V301/S1A & B, which is filed in the Georgia Department of Archives and History, Archives and Records Building, Atlanta, Fulton County, Georgia (said tracts or parcels shall be more par ticularly described by a plat of survey prepared or obtained by the City of Atlanta and presented to and approved by the State Properties Commission);
and
WHEREAS, a resolution permitting the City of Atlanta to build and construct ways, streets, roads, bridges, viaducts, or plazas over the Western & Atlantic Railroad property, approved March 8, 1945 (Ga. L. 1945, p. 1221), was amended by a resolution approved March 14, 1984 (Ga. L. 1984, p. 491), which amendatory resolution prohibits the City of Atlanta from undertaking new construction on or changing the utilization of any part of any street-level plaza constructed over Western & Atlantic Railroad property prior to a certain date without the written approval of the State Properties Commission; and
WHEREAS, these areas are needed by the City of Atlanta in the development of the Underground Atlanta project; and
WHEREAS, the City of Atlanta needs to obtain a long-term interest for 50 years in this property in order to secure certain financial obligations in the construction of the Under ground area; and
WHEREAS, the state recognizes the need for the revitalization of the Underground Atlanta area and approves of the city's utilization of the above-described property in this project.
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 above-described real property and that in all matters relating to the lease agreement of the real property the State of Georgia is acting by and through the State Properties Commission.
Section 2. That the lease agreement of the above-described real property shall be con ditioned upon the lessee of the Western & Atlantic Railroad, CSX Transportation, Inc., formerly known as Seaboard System Railroad, granting its written permission to the City of Atlanta in said project and confirming such grant with the State Properties Commission by appropriate instrument.
Section 3. That the State Properties Commission is authorized to lease for a 50 year term beginning in calendar year 1987 any or all of the above-described property to the City of Atlanta for a consideration of $10.00, provided all other State of Georgia related real

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JOURNAL OF THE SENATE

property transfers are consummated prior to or simultaneous with the execution of this lease.
Section 4. That the 50 year lease agreement shall expire upon the nonparticipation by the City of Atlanta in the project known as "Underground Atlanta."
Section 5. That, for purposes of compliance with the provisions of paragraph (4) of subsection (b) of Code Section 50-16-122 of the O.C.G.A., requiring that a conveyance of real property be filed with the State Properties Commission and accompanied by a plat of the property conveyed, the plat or drawing of the property, the leasing of which is author ized by this resolution, presented to and approved by the State Properties Commission, shall constitute an acceptable plat for filing.
Section 6. That this resolution shall become effective upon its approval by the Gover nor or upon its becoming law without his approval.
Section 7. That all laws and parts of laws in conflict with this resolution are repealed.

Senator Langford of the 35th moved that the Senate agree to the House substitute to SR45.

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 Broun of 46th BTBC,roroyvwaenrndt. eolfl 47th Crumbley
Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Garner Gillis HTHHTmoa. rweriasrd Hudgins
Huggins Kidd Land Langford McGill

McKenzie Newbill Perry Phillips Raean Ray oQ,,Sccoo..tt..tt 0o1f,,. ,,23,,,,n6,dt,,h Stumbaugh
Tate Timmons Tolleson Turner Walker

Voting in the negative were Senators Burton and Tysinger.

Those not voting were Senators:

Barker Bowen Coleman

Harrison Kennedy (presiding) Olmstead

Peevy Shumake Starr

On the motion, the yeas were 44, nays 2; the motion prevailed, and the Senate agreed to the House substitute to SR 45.

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 157. By Senator Kidd of the 25th:
A resolution authorizing the State Properties Commission to resolve a title mat ter affecting state land in Baldwin County, Georgia; to authorize the conveyance

WEDNESDAY, FEBRUARY 25, 1987

1137

of an easement and the acceptance of a quitclaim deed in connection therewith; to provide an effective date.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Brannon Broun of 46th Brown of 47th Bryant Burton Crumbley Dawkins Deal Dean Echols Edge English

Engram Fincher Foster Garner Gillis Harris Harrison Hine Howard Hudgins Huggins Kidd Land Langford McGill McKenzie

Newbill Peevy Perry Ragan Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Barker Bowen Coleman

Coverdell Kennedy (presiding)

Olmstead Phillips

On the adoption of the resolution, the yeas were 48, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HR 188. By Representative Aaron of the 56th: A resolution designating a certain road in DeKalb County as Flat Shoals Parkway.
Senate Sponsor: Senator Walker of the 43rd.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Brannon Broun of 46th Brown of 47th Bryant

Burton Crumbley Dawkins Deal Dean Echols Edge English

Engram Fincher Foster Garner Gillis Harris Harrison Howard

1138

JOURNAL OF THE SENATE

Hudgins Huggins Kidd
LLaanngdf,ord, McGill McKenzie Newbill

Peevy Perry Phillips
{R*aaygan Scott of 2nd Scott of 36th Shumake

Starr Stumbaugh Tate
Timmons
Tolleson Turner Walker

Those not voting were Senators:

Barker Bowen Coleman

Coverdell Hine Kennedy (presiding)

Olmstead Tysinger

On the adoption of the resolution, the yeas were 47, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HB 454. By Representative Galer of the 97th:
A bill to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to change certain provisions relating to the crime of sexual exploitation of children; to prohibit any person from exchanging, selling, purchasing, or delivering any minor in connection with the production of any visual or print medium or performance depicting a minor engaged in sexually explicit conduct.
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 Brannon Broun of 46th Brown of 47th Bryant Burton
Coverdell Dawkins Deal Dean Echols Edge

Engram Fincher Foster
Gillis Harris Harrison Hine Howard Hudgins
Huggins Kidd Land Langford McGill McKenzie

Newbill Perry Phillips
Ragan Ray Scott of 2nd Shumake Starr Stumbaugh
Tate Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Barker Bowen Coleman
Crumbley

English Garner Kennedy (presiding)

Olmstead Peevy Scott of 36th

WEDNESDAY, FEBRUARY 25, 1987

1139

On the passage of the bill, the yeas were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 561. By Representatives Couch of the 40th, Adams of the 36th, Sinkfield of the 37th and others:
A bill to amend Code Section 36-44-3 of the Official Code of Georgia Annotated, relating to definitions under the "Redevelopment Powers Law", so as to provide for additional areas to be included in the definition of a redevelopment area.
Senate Sponsor: Senator Shumake of the 39th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Broun of 46th Brown of 47th
*CTMoletomnan CCrouvmerbdleelyl Deal Dean Echols Edge English Engram

Fincher Foster Garner Gillis Harris Harrison
gHuowdgams KHiudgdgins Land Langford McGill McKenzie Newbill Peevy

Perry Phillips Ragan Ray gcott of 2nd Scott of 36th
S<jh, umake S^tuamrrb, augh, Tate Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Barker Bowen Brannon

Bryant Dawkins Hine

Kennedy (presiding) Olmstead

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following general bill of the Senate, having been read the third time on February 24 and postponed until February 25, was put upon its passage:

SB 158. By Senator Brannon of the 51st:
A bill to amend Code Section 9-13-161 of the Official Code of Georgia Annotated, relating to where and when sales under execution are held, so as to change the provisions relating to time of sales.

Senator Brannon of the 51st moved that SB 158 be committed to the Senate Commit tee on Governmental Operations.

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JOURNAL OF THE SENATE

On the motion, the yeas were 39, nays 0; the motion prevailed, and SB 158 was commit ted to the Senate Committee on Governmental Operations.
The following general bill of the Senate, having been read the third time on February 24 and postponed until February 25, was put upon its passage:
SB 16. By Senator Kidd of the 25th:
A bill to amend Article 1 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions applicable to landlords and tenants, so as to prohibit owners of multiple-unit and other residential dwellings from inter fering with the provision of cable television service to residents of the dwellings; to provide protections for the owners of such dwellings.
The Senate Committee on Governmental Operations offered the following substitute to SB 16:
A BILL
To be entitled an Act to amend Chapter 18 of Title 36 of the Official Code of Georgia Annotated, relating to the regulation of cable television systems, so as to provide certain standards and service requirements of SMATV systems; to define certain terms; to provide for the forfeiture of a portion of a charge for service when an SMATV system fails to pro vide certain service; to provide for additional charges to the subscriber under certain condi tions; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 18 of Title 36 of the Official Code of Georgia Annotated, relating to the regulation of cable television systems, is amended by striking in its entirety Code Sec tion 36-18-1, relating to the definition of the term "cable television system," and inserting in lieu thereof a new Code Section 36-18-1 to read as follows:
"36-18-1. As used in this chapter, the term:
(1) 'Cable television system' means a nonbroadcast facility consisting of a set of trans mission paths and associated generation, reception, transmission, and control equipment, under common ownership and control, that distributes or is designed to distribute to sub scribers the signals of one or more television broadcast stations and programs received via satellite, microwave, video tape, or video discs or produced by the franchised cable system.
(2) 'Multiple-unit dwelling' shall include, but not be limited to, apartments, condo miniums and their common areas, fee simple townhouse arrangements, and mobile home parks but shall not include single-family residences or buildings or complexes under com mon ownership or control with, in the aggregate, less than four residential units therein.
(3) 'Operator' means with respect to an SMATV system any person, persons, or entity who:
(A) Provides programming services over an SMATV system and directly or through one or more affiliates owns a significant interest in such system; or
(B) Otherwise controls or is responsible for, through any arrangement, the manage ment and operation of such system.
(4) 'SMATV system' means a satellite master antenna television system which may be described as a facility consisting of a set of closed transmission paths and associated signal generation, reception, or control equipment, under common ownership or control, that is designed to provide satellite and broadcast television services to multiple subscribers in one or more multiple-unit dwellings under common ownership, control, or management and which does not use any public right of way."

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1141

Section 2. Said chapter is further amended by adding at the end thereof a new Code Section 36-18-6 to read as follows:
"36-18-6 (a) Each SMATV< system shall render an efficient service to its subscribers. The SMATV system operator shall maintain an office in its franchise area which has a pub licly listed toll free telephone number operated so as to receive subscriber complaints and requests for repairs or adjustments on a 24 hour basis, seven days a week. The SMATV system operator shall maintain an adequate repair force of technicians and other personnel and shall respond to subscriber complaints and requests for repairs and adjustments within 12 hours of receipt of the complaint or request. The SMATV system operator shall maintain a written log listing all complaints and requests for repairs or adjustments and their disposition.
(b) An SMATV system that fails to respond to the request for repairs or adjustments within 12 hours or fails to repair within 24 hours of the request for repairs and adjustments shall forfeit to the subscriber of the service a sum equal to 20 percent of the monthly charge or fee for the service. Credit for any forfeiture shall be reflected in the statement of charges to the subscriber next following the forfeiture, provided if no statement of charges is made, the system owner shall send written notice to the subscriber of the forfeiture and the allow ance of same against the next due payment.
(c) Whenever an SMATV system responds to a request for repairs or adjustments as required in subsection (a) of this Code section and the SMATV system equipment is found to be in proper working order, the subscriber shall be charged a fee for such service as prescribed by the SMATV system."
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:

Allgood Baldwin Barnes Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Garner Gillis Harrison Hine Howard Hudgins Huggins Kidd Land McGill McKenzie

Newbill Peevy Perry Phillips Ragan Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Turner Tysinger Walker

Voting in the negative were Senators Albert and Tolleson.

Those not voting were Senators:

Barker Bowen Brannon

Harris Kennedy (presiding) Langford

Olmstead Shumake

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On the passage of the bill, the yeas were 45, nays 2.

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Kidd of the 25th moved that SB 16 be immediately transmitted to the House.

On the motion, the yeas were 32, nays 0; the motion prevailed, and SB 16 was immedi ately transmitted to the House.

The following local bill of the House was taken up for the purpose of considering the Conference Committee report thereon:

HB 79. By Representatives Alien of the 127th, Triplett of the 128th, Pannell of the 122nd, Mueller of the 126th, Kingston of the 125th and others:
A bill to amend an Act making provisions for the Magistrate Court of Chatham County and abolishing the Municipal Court of Savannah, so as to change certain procedures relative to the appointment of additional magistrates.

The Conference Committee report on HB 79 was as follows:
The Committee of Conference on HB 79 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 79 be adopted.
Respectfully submitted,

FOR THE SENATE:
Is/ Albert J. Scott Senator, 2nd District
/s/ J. Tom Coleman Senator, 1st District
/2/ Glenn E. Bryant Senator, 3rd District

FOR THE HOUSE OF REPRESENTATIVES:
Is/ Roy L. Alien Representative, 127th District
Is/ Anne Mueller Representative, 126th District
/s/ Tom Triplett Representative, 128th District

Conference Committee substitute to HB 79:
A BILL
To be entitled an Act to amend an Act making provisions for the Magistrate Court of Chatham County and abolishing the Municipal Court of Savannah, approved March 21, 1984 (Ga. L. 1984, p. 4422), as amended, particularly by an Act approved March 28, 1986 (Ga. L. 1986, p. 5527), so as to change certain procedures relative to the appointment of additional magistrates; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act making provisions for the Magistrate Court of Chatham County and abolishing the Municipal Court of Savannah, approved March 21, 1984 (Ga. L. 1984, p. 4422), as amended, particularly by an Act approved March 28, 1986 (Ga. L. 1986, p. 5527), is amended by striking subsection (c) of Section 3 and inserting in lieu thereof a new subsec tion (c) to read as follows:
"(c) Additional magistrates may be appointed by the chief magistrate. Such appoint-

WEDNESDAY, FEBRUARY 25, 1987

1143

ments must be confirmed by a majority vote of the judges of the superior court in Chatham County; however, if a confirmation vote is not taken by such judges within seven days of the day the name of an appointee is submitted to such judges, then such appointment shall be final without such confirmation. The chief judge of the superior court shall conduct such confirmation vote. In all other ways such appointments shall be made in accordance with the provisions of Chapter 10 of Title 15 of the O.C.G.A. The cases and other workload of the court shall be assigned to such additional magistrates by the chief magistrate. Any magis trate appointed under this subsection shall meet the qualifications of a magistrate as pro vided in Chapter 10 of Title 15 of the O.C.G.A."
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 79.

On the motion, the yeas were 42, nays 0; the motion prevailed, and the Conference Committee report on HB 79 was adopted.

The following general bill of the House, having been read the third time and final ac tion suspended on February 24, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage:

HB 508. By Representatives Ware of the 77th, Wood of the 9th, Workman of the 51st and others:
A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance rates and rate making, so as to authorize the Commissioner of Insurance to approve property or casualty insurance rates, policies, or contracts prior to their use upon a determination that a lack of com petition or availability exists.
Senate Sponsor: Senator Stumbaugh of the 55th.

The substitute to HB 508 offered by Senator Stumbaugh of the 55th and adopted as amended by the amendment offered by Senator Crumbley of the 17th and the amendment offered by Senator Allgood of the 22nd on February 24, as they appear in the Journal of February 24, were automatically reconsidered and put upon their adoption.

On the adoption of the substitute, the yeas were 40, nays 0, and the substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by 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 Bowen Brannon Broun of 46th Brown of 47th Bryant Burton Coleman

Coverdell Dawkins Deal Dean Echols Edge English Engram Foster Garner Gillis

Harrison Hine Howard Hudgins Huggins Kidd Land Langford McGill McKenzie Newbill

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Peevy
Perry Phillips Ray
Scott of 2nd

Scott of 36th
Shumake Starr Stumbaugh
Tate

Timmons Turner
Tysmger Walker

Those not voting were Senators:

Barker Crumbley Fincher

Harris Kennedy (presiding) Ohnstead

Ragan Tolleson

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 159. By Representatives Jackson of the 9th, Crosby of the 150th and Barnett of the 10th:
A bill to amend Article 2 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title for motor vehicles, so as to require in surance companies to obtain a certificate of title for certain vehicles; to require certain individuals who cannot obtain certificates of title on salvaged and rebuilt motor vehicles to obtain certificates of title bond.
Senate Sponsor: Senator Stumbaugh of the 55th.

The Senate Committee on Insurance offered the following substitute to HB 159:

A BILL
To be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change the provisions relating to certificates of title on rebuilt, salvaged, or restored motor vehicles; to provide that the state revenue com missioner shall have the responsibility for inspections in connection therewith; to repeal a provision relating to the duty of the Georgia Bureau of Investigation to make such inspec tions; to provide that insurance companies shall obtain certificates of title for certain vehi cles; to provide that certain individuals who cannot obtain certificates of title on salvaged and rebuilt motor vehicles shall obtain certificates of title bonds; to require certain persons in certain vehicles to use seat belts; to provide a definition; to provide exceptions; to provide that a failure to use seat belts may not be introduced in evidence in any civil action and may not be used to diminish recovery of damages; to provide a limitation on the enforce ment of the requirement to use seat belts; to provide for other matters relative to the fore going; 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 vehi cles and traffic, is amended by striking in its entirety Code Section 40-3-35.1, relating to certificates of title for rebuilt, salvaged, or restored motor vehicles, and inspections in con nection therewith, and inserting in lieu thereof a new Code Section 40-3-35.1 to read as follows:
"40-3-35.1. (a) As used in this Code section, the term 'application for a certificate of title on a salvaged or rebuilt motor vehicle' means:
(1) An application for a certificate of title for a motor vehicle for which a current

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1145

Georgia certificate of title is marked 'salvage' pursuant to subsection (e) of Code Section 403-35 and which has been repaired;
(2) An application for a certificate of title for a motor vehicle for which a current outof-state certificate of title is marked 'salvage,' 'rebuilt,' or 'restored,' or any similar such phrase; or
(3) An application for a certificate of title for a motor vehicle for which a current Georgia certificate of title is marked 'salvage' pursuant to subsection (e) of Code Section 403-35 and for which the transferee is anyone other than a licensed dealer as defined in Code Section 43-48-2.
(b) (1) Upon receipt of an application for a certificate of title on a salvaged or rebuilt motor vehicle, the commissioner shall promptly conduct an initial inspection on each such motor vehicle prior to the issuance of a certificate of title for the motor vehicle. The initial inspection shall include, but shall not be limited to, verification of the vehicle identification number, verification of the bills of sale or title for the major components, verification that the word 'rebuilt' is permanently affixed as required by subsection (c) of this Code section, and, if the vehicle has been repaired, verification that the motor vehicle conforms to all safety equipment standards required by law. The commissioner shall be authorized to charge a fee of $50.00 for each initial inspection of each motor vehicle inspected. In the event a third or subsequent reinspection is required for any one motor vehicle under this Code section, the commissioner shall be authorized to charge a fee of $50.00 for the third and each subsequent reinspection. The commissioner may conduct any such initial inspec tion and any required reinspections even though the motor vehicle may have been previ ously inspected under this Code section.
(2) If, upon inspection under paragraph (1) of this subsection, it is determined that the motor vehicle is not in full compliance with the law, the commissioner shall refuse to issue a certificate of title until compliance is reached.
(c) (1) (A) Upon inspection under subsection (b) of this Code section, if it is deter mined that the motor vehicle has been restored to an operable condition by the replacement of two or more major component parts, a certificate of title may be issued for such motor vehicle which shall contain the word 'rebuilt' on its face in such manner as the commissioner shall prescribe. This requirement will indicate to all subsequent owners of the motor vehicle that such is a rebuilt motor vehicle. If any such inspection determines that the motor vehi cle shall require the replacement of two or more major component parts in order to restore the motor vehicle to an operable condition, a certificate of title may be issued for such motor vehicle which shall contain the word 'salvage' on its face in such manner as the com missioner shall prescribe. This requirement will indicate to all subsequent owners of the motor vehicle that such is a salvage motor vehicle.
(B) If it is determined that the motor vehicle required or shall require the replace ment of two or more major component parts in order to restore the motor vehicle to an operable condition, the person, firm, or corporation restoring or owning such motor vehicle shall, prior to the inspection by the commissioner, cause the word 'rebuilt' to be perma nently affixed to said motor vehicle. The word 'rebuilt' shall be affixed in a clear and con spicuous manner to the door post or such other location as the commissioner may prescribe. The word 'rebuilt' shall be stamped on the motor vehicle or shall be stamped on a metal plate which shall be riveted to the motor vehicle or shall be permanently affixed to the motor vehicle in such manner as the commissioner may prescribe. The requirement of this subparagraph shall only apply to motor vehicles restored after November 1, 1982.
(2) Upon inspection by the commissioner and compliance with paragraph (2) of sub section (b) of this Code section, if it is determined that the motor vehicle does not require the replacement of two or more major components or has not had two or more major compo nents changed, a certificate of title may be issued.
(d) Any person, firm, or corporation who rebuilds or repairs a motor vehicle whose current certificate of title is marked 'salvage' shall make application for and obtain a certifi-

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JOURNAL OF THE SENATE

cate of title as provided in this Code section prior to the sale or transfer of said motor vehicle."
Section 2. Said title is further amended by repealing in its entirety Code Section 40-335.2, relating to the duty of the Georgia Bureau of Investigation to inspect certain motor vehicles, which reads as follows:
"40-3-35.2. It shall be the duty of the Georgia Bureau of Investigation to inspect certain motor vehicles prior to the issuance of certificates of title for such motor vehicles. The direc tor of investigation is authorized to employ such persons as he shall deem necessary to carry out the provisions of this Code section.",
and inserting in lieu of said repealed Code section new Code Sections 40-3-35.2 and 40-335.3 to read as follows:
"40-3-35.2. Any insurance company which pays a total loss claim on a stolen motor vehicle shall, within 30 days of paying such claim, apply to the commissioner to transfer the certificate of title to the insurance company.
40-3-35.3. (a) Any registered owner or authorized agent of a registered owner who in any manner sells or disposes of any motor vehicle as scrap metal or parts only or who scraps, dismantles, or demolishes a motor vehicle but who cannot obtain the certificate of title to mail or deliver to the commissioner for cancellation as required by paragraph (1) of subsection (a) of Code Section 40-3-35 shall, within 72 hours, apply for a certificate of title bond as set forth in Code Section 40-3-28.
(b) Any person who is unable to obtain verification of the bills of sale or titles for the major component parts as required by paragraph (1) of subsection (b) of Code Section 40-335.1 may comply with such requirement by obtaining a certificate of title supported by a title bond as set forth in Code Section 40-3-28."
Section 3. Said title is further amended by adding immediately following Code Section 40-8-76 a new Code Section 40-8-76.1 to read as follows:
"40-8-76.1. (a) As used in this Code section, the term 'passenger vehicle' means every motor vehicle designed to carry ten passengers or less and used for the transportation of persons but shall not mean motorcycles, motor driven cycles, vehicles mounted on a truck chassis, or vehicles equipped for off-road use.
(b) Each occupant of the front seat of a passenger vehicle shall, while such passenger vehicle is being operated on a public road, street, or highway of this state, be restrained by a seat belt approved under Federal Motor Vehicle Safety Standard 208.
(c) The requirement of subsection (b) of this Code section shall not apply to:
(1) A driver or passenger frequently stopping and leaving the vehicle or delivering property from the vehicle, if the speed of the vehicle between stops does not exceed 15 miles per hour;
(2) A driver or passenger possessing a written statement from a physician that such person is unable, for medical or physical reasons, to wear a seat safety belt;
(3) A driver or passenger possessing an official certificate or license endorsement is sued by the appropriate agency in another state or country indicating that the driver is unable for medical, physical, or other valid reasons to wear a seat safety belt;
(4) A driver operating a passenger vehicle in reverse;
(5) A passenger vehicle with a model year prior to 1965;
(6) A passenger vehicle which is not required to be equipped with seat safety belts under federal law; or
(7) A passenger vehicle operated by a rural letter carrier of the United States Postal Service while performing duties as a rural letter carrier.
(d) Failure to wear a seat safety belt in violation of this Code section shall not be

WEDNESDAY, FEBRUARY 25, 1987

1147

considered evidence of negligence, shall not limit the liability of an insurer, and shall not diminish any recovery for damages arising out of the ownership, maintenance, or operation of a passenger vehicle.
(e) A person may be issued a citation for a violation of subsection (b) of this Code section only when such person has been stopped and is issued a citation for a violation of another provision of this title.
(f) Any person who violates subsection (b) of this Code section shall not be subject to any criminal penalty."
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 4, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Barnes Bowen Broun of 46th BBruorwtonn of 47th
Coverdell Deal Dean
Edge English

Engram Foster Garner Gillis Harrison HHiundegins
Huggins Kidd Land
Langford Newbill

Perry Ragan Scott of 2nd Scott of 36th Shumake 0St. umb, augh,
late Timmons Tolleson
Tysinger Walker

Those voting in the negative were Senators:

Baldwinn Brannoin Bryant Cowman
Crumbley

Dawkins McGill
McKenzie Peevy

Phillips Ray
Starr Turner

Those not voting were Senators:

Barker Echols Fincher

Harris Howard

Kennedy (presiding) Olmstead

On the passage of the bill, the yeas were 35, nays 13.

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Kidd of the 25th moved that HB 159 be immediately transmitted to the House.

On the motion, the yeas were 31, nays 0; the motion prevailed, and HB 159 was imme diately transmitted to the House.

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Serving as doctor of the day today was Dr. E. Anthony Musarra of Marietta, Georgia.
Senator Allgood of the 22nd moved that the Senate do now adjourn until 9:00 o'clock A.M. tomorrow, and the motion prevailed.
At 12:30 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.