Journal of the Senate of the State of Georgia regular session 1987, volume II, 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 II
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

THURSDAY, FEBRUARY 26, 1987

1149

Senate Chamber, Atlanta, Georgia Thursday, February 26, 1987 Thirty-second Legislative Day
The Senate met pursuant to adjournment at 9:00 o'clock A.M. today and was called to order by the President.
Senator 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. i
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 607. By Representatives Martin of the 26th, Benn of the 38th, Sinkfield of the 37th, Greer of the 39th, Thomas of the 31st and others:
A bill to amend an Act creating county building authorities in counties having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census, so as to increase the amount of bonds which may be issued by such authorities.
HB 851. By Representatives Pettit of the 19th, Childers of the 15th and McKelvey of the 15th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to providing for the election of the members of the Board of Education of Bartow County by the people; to provide the authority for this Act.
HB 852. By Representatives Pettit of the 19th, Childers of the 15th and McKelvey of the 15th:
A bill to provide that the county school superintendent of Bartow County shall be appointed by vote of the board of education to serve at the pleasure of the board.
HB 853. By Representatives Pettit of the 19th, McKelvey of the 15th and Childers of the 15th:
A bill to provide for the Board of Education of Bartow County.
HB 854. By Representative Pettit of the 19th:
A bill to amend an Act incorporating the City of White, in the County of Bartow, so as to provide for the election of aldermen for terms of four years and until successors are elected and qualified.
HB 966. By Representatives Lawler of the 20th, Aiken of the 21st, Hensley of the 20th, Atkins of the 21st, Wilder of the 21st and others:
A bill to amend an Act creating the State Court of Cobb County, so as to change the compensation of the clerk and the chief deputy clerk of the State Court of Cobb County.

1150

JOURNAL OF THE SENATE

HB 969. By Representatives Childs of the 53rd, Richardson of the 52nd, Williams of the 54th, Redding of the 50th, Clark of the 55th and others:
A bill to amend an Act creating and establishing a new charter for the City of Decatur, so as to change the provisions relating to the election of commissioners.
HB 970. By Representative Green of the 106th:
A bill to provide that the school superintendent of the Greene County School District shall be appointed by the board of education rather than elected.
HB 971. By Representative Crawford of the 5th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing for a certain disposition of fees, costs, and fines received or collected by the tax commissioner of Chattooga County from the board of education of Chattooga County.
HB 972. By Representative Crawford of the 5th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing for the election for members of the Board of Education of Chattooga County by the people.
HB 975. By Representatives Stephens of the 68th, Clark of the 13th, Thurmond of the 67th 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 for the establishment of a Downtown Athens Development Authority.
HB 976. By Representatives Jamieson of the llth and Dover of the llth:
A bill to amend an Act creating and establishing the State Court of Habersham County (formerly the City Court of Habersham County), so as to change the provisions relating to terms of said court.
HB 977. By Representatives Jamieson of the llth and Dover of the llth:
A bill to amend an Act creating and establishing the State Court of Habersham County (formerly the City Court of Habersham County), so as to change the compensation of the judge and solicitor of said court.
HB 978. By Representatives Jamieson of the llth and Dover of the llth:
A bill to amend an Act creating and establishing the State Court of Habersham County (formerly the City Court of Habersham County), so as to provide additional reasons for which solicitors pro tempore may be appointed by the judge of said court.
HB 985. By Representatives Porter of the 119th and Coleman of the 118th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the Town of Dudley to levy a tax not to exceed one mill for the purpose of creating a fund to be used in promoting the location of any industries in the Town of Dudley.
HB 986. By Representatives Porter of the 119th and Coleman of the 118th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the General Assembly to provide by law for the establishment of a Downtown Dublin Development Authority.

THURSDAY, FEBRUARY 26, 1987

1151

HB 987. By Representatives Porter of the 119th and Coleman of the 118th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing that members of the Board of Education of Laurens County shall be elected by the people.
HB 988. By Representatives Porter of the 119th and Coleman of the 118th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the governing authority of Laurens 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 bonds issued.
HB 989. By Representatives Porter of the 119th and Coleman of the 118th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the City of Dublin and County of Laurens Development Authority.
HB 990. By Representatives Aaron of the 56th, Athon of the 57th, Mangum of the 57th, Workman of the 51st, Steinberg of the 46th and others:
A bill to amend an Act creating a system of pensions and retirement pay for officers, deputies, and employees of DeKalb County, so as to change the membership of The Pension Board of DeKalb County.
HB 991. By Representatives Mostiler of the 75th and Herbert of the 76th:
A bill to amend an Act establishing the State Court of Spalding County, formerly known as the City Court of Griffin, so as to change the provisions relating to the judge and solicitor.
HB 992. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd and Holcomb of the 72nd:
A bill to amend an Act creating a new charter for the City of Morrow, so as to change the terms of office of the mayor and councilmen.
HB 994. By Representative Adams of the 79th:
A bill to amend an Act providing for the election of members of the Board of Education of Upson County, so as to temporarily add an additional member to the board.
HB 995. By Representatives Barnett of the 59th, Pittman of the 60th, Wall of the 61st, Bannister of the 62nd, Goodwin of the 63rd and others:
A bill to provide for a Gwinnett County Board of Registrations and Elections.
HB 996. By Representatives Dixon of the 151st and Smith of the 152nd:
A bill to amend an Act providing a new charter for the City of St. Marys, Georgia, so as to change the corporate limits of the city.
HB 997. By Representatives Dixon of the 151st and Smith of the 152nd:
A bill to provide that the county school superintendent of Camden County shall be appointed by vote of the board of education to serve at the pleasure of the board.
HB 850. By Representatives Pettit of the 19th, Childers of the 15th and McKelvey of the 15th:
A bill to provide that each resident of the Bartow County School District who is 62 years of age or over and whose income from all sources, including the income of all family members residing within said homestead, does not exceed $18,000.00

1152

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per annum shall be granted an exemption from all Bartow County School District taxes on the full value of such person's homestead owned and occupied by such person as a residence.
HB 973. By Representative Waldrep of the 80th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which increases the homestead exemption for tax purposes of certain property owned by certain residents of Monroe County.
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 license fees and occupational taxes on businesses within that portion of Lee County located outside of any incorporated municipalities; to provide the authority for this Act.
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 districts; to provide for filling vacancies; to provide for qualifications.
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.
HB 311. By Representative Ramsey of the 3rd:
A bill to amend Code Section 25-2-13 of the Official Code of Georgia Annotated, relating to buildings presenting special hazards to persons or property and requirements as to construction and maintenance of such buildings, so as to require certain buildings with sleeping accommodations which were constructed prior to 1976 to have a smoke or products of combustion detector in each room having sleeping accommodations unless the state fire marshal or proper local fire marshal waives such requirement.
HB 170. By Representatives Cox of the 141st, Long of the 142nd, Reaves of the 147th, Patten of the 149th, Bostick of the 138th and others:
A bill to amend Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to dimensions and weights of vehicles and loads, so as to change certain length limitations for vehicles; to change certain length limitations for vehicles operating with special permits.
HB 267. By Representatives Smyre of the 92nd, Benefield of the 72nd, Lawson of the 9th and Mangum of the 57th:
A bill to amend Title 20 of the Official Code of Georgia Annotated, relating to education so as to provide for boards of directors for postsecondary vocationaltechnical schools; to provide for the compensation and other benefits of employees of postsecondary vocational-technical schools; to provide for inclusion of employees of postsecondary vocational-technical schools in the state merit system.
HB 327. By Representatives Walker of the 115th, Padgett of the 86th, Groover of the 99th, Crosby of the 150th, Reaves of the 147th and others:
A bill to amend Code Section 48-5-7.1 of the Official Code of Georgia Annotated, relating to preferential ad valorem tax assessment of tangible real property devoted to agricultural purposes, so as to change the penalties imposed for the

THURSDAY, FEBRUARY 26, 1987

1153

breach of a covenant to maintain preferentially assessed property in bona fide agricultural purposes.
HB 126. By Representative Wall of the 61st:
A bill to amend Article 2 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order, so as to prohibit certain acts and conduct which would prevent or disrupt a session or meeting of the Senate or House of Representatives, a joint session thereof, or any meeting of any standing or interim committee, commission, or caucus of members thereof.
HB 347. By Representatives Beck of the 148th and Padgett of the 86th:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to special motor vehicle license plates, so as to provide that distinctive personalized license plates shall be issued to civilian internees on the same basis as to former prisoners of war.
The House has adopted by the requisite constitutional majority the following resolutions of the House:
HR 250. By Representative Hanner of the 131st:
A resolution transferring the ownership of a certain structure owned by the Georgia Forestry Commission to the Calhoun County Board of Commissioners.
HR 275. By Representative Moody of the 153rd, Post 1:
A resolution authorizing the conveyance of certain state owned property located in Brantley County, Georgia, to the Johns Timber Company.
The House has adopted the report of the Committee of Conference 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 House has passed by the requisite constitutional majority the following bills of the House and Senate:
HB 435. By Representatives Walker of the 85th, Brown of the 88th, Padgett of the 86th, Harris of the 84th, Davis of the 45th and others:
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.
HB 917. By Representatives Childs of the 53rd, Richardson of the 52nd, Steinberg of the 46th, Williams of the 48th, Williams of the 54th and others:
A bill to amend an Act providing a supplement to the compensation, expenses, and allowances of the judges of the superior court of the Stone Mountain Judicial Circuit, so as to change the amount of such supplement.
HB 247. By Representatives Murphy of the 18th, Mangum of the 57th, Ray of the 98th, Cummings of the 17th, Long of the 142nd 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 coverage under said health insurance plan for retired former public school employees and their spouses and dependent children.

1154

JOURNAL OF THE SENATE

HB 422. By Representatives Johnson of the 123rd, Triplett of the 128th, Hamilton of the 124th, Kilgore of the 42nd, Hays of the 1st and others:
A bill to amend Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to authorization and general requirements for the transaction of insurance, so as to change the provisions relating to simplification of language and reading ease standards for policies, certificates, and coverage booklets; to provide for standards for all insurance policies, certificates, and coverage booklets issued, delivered, or issued for delivery in this state on or after January 1, 1988.
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.
The House has adopted by the requisite constitutional majority the following resolutions of the House:
HR 252. By Representatives Dover of the llth and Jamieson of the llth:
A resolution authorizing the conveyance of certain state owned property located in Habersham County, Georgia, to the Habersham County Board of Commissioners.
HR 280. By Representative Walker of the 115th:
A resolution authorizing the conveyance of certain state owned property to the City of Perry.
HR 249. By Representatives Murphy of the 18th, Harris of the 84th, Groover of the 99th, Walker of the 115th, Edwards of the 112th and others:
A resolution authorizing the placing of a portrait of Honorable Randall Evans, Jr., in the State Capitol Building.
The House has disagreed to the Senate substitute to the following bill of the House:
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 Revenue Code of 1986" and to thereby incorporate provisions of federal law into Georgia law.
The House has passed by the requisite constitutional majority the following bills of the House:
HB 10. By Representatives Lucas of the 102nd, Coleman of the 118th, Hanner of the 131st and Ramsey of the 3rd:
A bill to amend Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to indemnification for law enforcement officers, firemen, and prison guards who are killed or permanently disabled in the line of duty, so as to provide the same indemnification with respect to publicly employed emergency medical technicians who are killed or permanently disabled in the line of duty after a certain date.

THURSDAY, FEBRUARY 26, 1987

1155

HB 479. By Representatives Peters of the 2nd, Ramsey of the 3rd, Kilgore of the 42nd and Dover of the llth:
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 the purpose of certain water, sewer, or water and sewer capital outlay projects to be owned and operated by a county water and sewer district and one or more municipalities.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 384. By Senator Barnes of the 33rd:
A bill to amend an Act creating the State Court of Cobb County, as amended, so as to change the amount of compensation of the judges of the second division of the State Court of Cobb County; to authorize the governing authority to pay employee contributions to the Trial Judges and Solicitors Retirement Fund on behalf of the judges of the second division of the State Court of Cobb County.
Referred to Committee on Urban and County Affairs.
SB 385. By Senator Stumbaugh of the 55th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for creation of the State Health Insurance Pool; to provide for a short title; to provide for definitions; to provide for membership in the pool; to provide for operation of the pool; to provide for a board of directors; to provide for powers and duties of the pool.
Referred to Committee on Insurance.
SB 386. By Senators Coleman of the 1st, Scott of the 2nd and Bryant of the 3rd:
A bill to amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah, as amended, 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 "Redevelopment 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.
SB 387. By Senators Coleman of the 1st, Scott of the 2nd and Bryant of the 3rd:
A bill to authorize Chatham County to have and be authorized to exercise all redevelopment and other powers authorized or granted counties pursuant to the "Redevelopment Powers Law," as now or hereafter amended, and provide for certain such powers; to provide for a referendum.
Referred to Committee on Urban and County Affairs.
SB 388. By Senator Kidd of the 25th:
A bill to amend Code Section 9-14-53 of the Official Code of Georgia Annotated, relating to a habeas corpus clerk for certain judicial circuits, so as to change the definition of the term "judicial circuit".
Referred to Committee on Judiciary.
SR 170. By Senators Peevy of the 48th, Deal of the 49th, Walker of the 43rd and others:
A resolution creating the Senate Juvenile Justice System Study Committee.
Referred to Committee on Rules.

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SR 174. By Senator Kidd of the 25th:
A resolution creating the Rural Economic Development Study Committee. Referred to Committee on Rules.
SR 175. By Senator Kidd of the 25th:
A resolution creating the Senate Study Committee on the State Health Insurance Plan. Referred to Committee on Rules.
SR 176. By Senator Kidd of the 25th:
A resolution creating the Senate Nursing Home Industry Study Committee. Referred to Committee on Rules.
The following bill and resolutions of the House were read the first time and referred to committees:
HB 10. By Representatives Lucas of the 102nd, Coleman of the 118th, Hanner of the 131st and Ramsey of the 3rd:
A bill to amend Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to indemnification for law enforcement officers, firemen, and prison guards who are killed or permanently disabled in the line of duty, so as to provide the same indemnification with respect to publicly employed emergency medical technicians who are killed or permanently disabled in the line of duty after a certain date. Referred to Committee on Appropriations.
HB 126. By Representative Wall of the 61st:
A bill to amend Article 2 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order, so as to prohibit certain acts and conduct which would prevent or disrupt a session or meeting of the Senate or House of Representatives, a joint session thereof, or any meeting of any standing or interim committee, commission or caucus of members thereof. Referred to Committee on Governmental Operations.
HB 170. By Representatives Cox of the 141st, Long of the 142nd, Reaves of the 147th and others:
A bill to amend Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to dimensions and weights of vehicles and loads, so as to change certain length limitations for vehicles; to change certain length limitations for vehicles operating with special permits. Referred to Committee on Transportation.
HB 247. By Representatives Murphy of the 18th, Mangum of the 57th, Ray of the 98th 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 coverage under said health insurance plan for retired former public school employees and their spouses and dependent children. Referred to Committee on Education.
HB 267. By Representatives Smyre of the 92nd, Benefield of the 72nd, Lawson of the 9th and Mangum of the 57th:
A bill to amend Title 20 of the O.C.G.A., relating to education, so as to provide for boards of directors for postsecondary vocational-technical schools; to provide

THURSDAY, FEBRUARY 26, 1987

1157

for the compensation and other benefits of employees of postsecondary vocational-technical schools; to provide for inclusion of employees of postsecondary vocational-technical schools in the state merit system.
Referred to Committee on Education.
HB 311. By Representative Ramsey of the 3rd:
A bill to amend Code Section 25-2-13 of the Official Code of Georgia Annotated, relating to buildings presenting special hazards to persons or property and requirements as to construction and maintenance of such buildings, so as to require certain buildings with sleeping accommodations which were constructed prior to 1976 to have a smoke or products of combustion detector in each room having sleeping accommodations unless the state fire marshal or proper local fire marshal waives such requirement.
Referred to Committee on Industry and Labor.
HB 327. By Representatives Walker of the 115th, Padgett of the 86th, Groover of the 99th and others:
A bill to amend Code Section 48-5-7.1 of the Official Code of Georgia Annotated, relating to preferential ad valorem tax assessment of tangible real property devoted to agricultural purposes, so as to change the penalties imposed for the breach of a covenant to maintain preferentially assessed property in bona fide agricultural purposes.
Referred to Committee on Banking and Finance.
HB 347. By Representatives Beck of the 148th and Padgett of the 86th:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to special motor vehicle license plates, so as to provide that distinctive personalized license plates shall be issued to civilian internees on the same basis as to former prisoners of war.
Referred to Committee on Transportation. HB 422. By Representatives Johnson of the 123rd, Triplett of the 128th, Hamilton of the
124th and others:
A bill to amend Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to authorization and general requirements for the transaction of insurance, so as to change the provisions relating to simplification of language and reading ease standards for policies, certificates, and coverage booklets; to provide for standards for all insurance policies, certificates, and coverage booklets issued, delivered, or issued for delivery in this state on or after January 1, 1988.
Referred to Committee on Insurance.
HB 435. By Representatives Walker of the 85th, Brown of the 88th, Padgett of the 86th and others:
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.
Referred to Committee on Governmental Operations.
HB 479. By Representatives Peters of the 2nd, Ramsey of the 3rd, Kilgore of the 42nd and Dover of the llth:
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 the purpose of certain water, sewer, or water and sewer capital outlay projects to be owned and operated by a county water and sewer district and one or more municipalities.
Referred to Committee on Banking and Finance.

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HB 917. By Representatives Childs of the 53rd, Richardson of the 52nd, Steinberg of the 46th and others:
A bill to amend an Act providing a supplement to the compensation, expenses, and allowances of the judges of the superior court of the Stone Mountain Judicial Circuit, so as to change the amount of such supplement. Referred to Committee on Judiciary.
HR 249. By Representatives Murphy of the 18th, Harris of the 84th, Groover of the 99th and others:
A resolution authorizing the placing of a portrait of Honorable Randall Evans, Jr., in the State Capitol Building.
Referred to Committee on Rules.
HR 250. By Representative Hanner of the 131st:
A resolution transferring the ownership of a certain structure owned by the Georgia Forestry Commission to the Calhoun County Board of Commissioners. Referred to Committee on Public Utilities.
HR 252. By Representatives Dover of the llth and Jamieson of the llth:
A resolution authorizing the conveyance of certain state owned property located in Habersham County, Georgia, to the Habersham County Board of Commissioners. Referred to Committee on Public Utilities.
HR 275. By Representative Moody of the 153rd:
A resolution authorizing the conveyance of certain state owned property located in Brantley County, Georgia, to the. Johns Timber Company. Referred to Committee on Public Utilities.
HR 280. By Representative Walker of the 115th:
A resolution authorizing the conveyance of certain state owned property to the City of Perry. Referred to Committee on Public Utilities.
HB 850. By Representatives Pettit of the 19th, Childers of the 15th and McKelvey of the 15th:
A bill to provide that each resident of the Bartow County School District who is 62 years of age or over and whose income from all sources, including the income of all family members residing within said homestead, does not exceed $18,000.00 per annum shall be granted an exemption from all Bartow County School District taxes on the full value of such person's homestead owned and occupied by such person as a residence. Referred to Committee on Urban and County Affairs.
HB 851. By Representatives Pettit of the 19th, Childers of the 15th and McKelvey of the 15th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to providing for the election of the members of the Board of Education of Bartow County by the people; to provide the authority for this Act. Referred to Committee on Urban and County Affairs.

THURSDAY, FEBRUARY 26, 1987

1159

HB 852. By Representatives Pettit of the 19th, Childers of the 15th and McKelvey of the 15th:
A bill to provide that the county school superintendent of Bartow 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 853. By Representatives Pettit of the 19th, McKelvey of the 15th and Childers of the 15th:
A bill to provide for the Board of Education of Bartow County. Referred to Committee on Urban and County Affairs.
HB 854. By Representative Pettit of the 19th:
A bill to amend an Act incorporating the City of White, in the County of Bartow, so as to provide for the election of aldermen for terms of four years and until successors are elected and qualified. Referred to Committee on Urban and County Affairs.
HB 966. By Representatives Lawler of the 20th, Aiken of the 21st, Hensley of the 20th and others:
A bill to amend an Act creating the State Court of Cobb County, so as to change the compensation of the clerk and the chief deputy clerk of the State Court of Cobb County. Referred to Committee on Urban and County Affairs.
HB 969. By Representatives Childs of the 53rd, Richardson of the 52nd, Williams of the 54th and others:
A bill to amend an Act creating and establishing a new charter for the City of Decatur, so as to change the provisions relating to the election of commissioners. Referred to Committee on Urban and County Affairs.
HB 970. By Representative Green of the 106th:
A bill to provide that the school superintendent of the Greene County School District shall be appointed by the board of education rather than elected. Referred to Committee on Urban and County Affairs.
HB 971. By Representative Crawford of the 5th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing for a certain disposition of fees, costs, and fines received or collected by the tax commissioner of Chattooga County from the board of education of Chattooga County. Referred to Committee on Urban and County Affairs.
HB 972. By Representative Crawford of the 5th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing for the election for members of the Board of Education of Chattooga County by the people. Referred to Committee on Urban and County Affairs.
HB 973. By Representative Waldrep of the 80th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which increases the homestead exemp-

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tion for tax purposes of certain property owned by certain residents of Monroe County. Referred to Committee on Urban and County Affairs.
HB 975. By Representatives Stephens of the 68th, Clark of the 13th, Thurmond of the 67th 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 for the establishment of a Downtown Athens Development Authority. Referred to Committee on Urban and County Affairs.
HB 976. By Representatives Jamieson of the llth and Dover of the llth:
A bill to amend an Act creating and establishing the State Court of Habersham County (formerly the City Court of Habersham County), so as to change the provisions relating to terms of said court. Referred to Committee on Urban and County Affairs.
HB 977. By Representatives Jamieson of the llth and Dover of the llth:
A bill to amend an Act creating and establishing the State Court of Habersham County (formerly the City Court of Habersham County), so as to change the compensation of the judge and solicitor of said court. Referred to Committee on Urban and County Affairs.
HB 978. By Representatives Jamieson of the llth and Dover of the llth:
A bill to amend an Act creating and establishing the State Court of Habersham County (formerly the City Court of Habersham County), so as to provide additional reasons for which solicitors pro tempore may be appointed by the judge of said court. Referred to Committee on Urban and County Affairs.
HB 985. By Representatives Porter of the 119th and Coleman of the 118th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the Town of Dudley to levy a tax not to exceed one mill for the purpose of creating a fund to be used in promoting the location of any industries in the Town of Dudley. Referred to Committee on Urban and County Affairs.
HB 986. By Representatives Porter of the 119th and Coleman of the 118th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the General Assembly to provide by law for the establishment of a Downtown Dublin Development Authority. Referred to Committee on Urban and County Affairs.
HB 987. By Representatives Porter of the 119th and Coleman of the 118th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing that members of the Board of Education of Laurens County shall be elected by the people. Referred to Committee on Urban and County Affairs.
HB 988. By Representatives Porter of the 119th and Coleman of the 118th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the governing authority of Laurens County to issue general obligation bonds for the purpose of establishing

THURSDAY, FEBRUARY 26, 1987

1161

educational facilities beyond the twelfth grade and to levy taxes for the payment of bonds issued. Referred to Committee on Urban and County Affairs.
HB 989. By Representatives Porter of the 119th and Coleman of the 118th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the City of Dublin and County of Laurens Development Authority. Referred to Committee on Urban and County Affairs.
HB 990. By Representatives Aaron of the 56th, Athon of the 57th, Mangum of the 57th and others:
A bill to amend an Act creating a system of pensions and retirement pay for officers, deputies, and employees of DeKalb County, so as to change the membership of The Pension Board of DeKalb County. Referred to Committee on Urban and County Affairs.
HB 991. By Representatives Mostiler of the 75th and Herbert of the 76th:
A bill to amend an Act establishing the State Court of Spalding County, formerly known as the City Court of Griffin, so as to change the provisions relating to the judge and solicitor. Referred to Committee on Urban and County Affairs.
HB 992. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd and others:
A bill to amend an Act creating a new charter for the City of Morrow, so as to change the terms of office of the mayor and councilmen. Referred to Committee on Urban and County Affairs.
HB 994. By Representative Adams of the 79th:
A bill to amend an Act providing for the election of members of the Board of Education of Upson County, so as to temporarily add an additional member to the board. Referred to Committee on Urban and County Affairs.
HB 995. By Representatives Barnett of the 59th, Pittman of the 60th, Wall of the 61st and others:
A bill to provide for a Gwinnett County Board of Registrations and Elections. Referred to Committee on Urban and County Affairs.
HB 996. By Representative Dixon of the 151st:
A bill to amend an Act providing a new charter for the City of St. Marys, Georgia, so as to change the corporate limits of the city. Referred to Committee on Urban and County Affairs.
HB 997. By Representatives Dixon of the 151st and Smith of the 152nd:
A bill to provide that the county school superintendent of Camden 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 607. By Representatives Martin of the 26th, Benn of the 38th, Sinkfield of the 37th and others:
A bill to amend an Act creating county building authorities in counties having a population of 550,000 or more according to the United States decennial census of

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1980 or any future such census, so as to increase the amount of bonds which may be issued by such authorities. Referred to Committee on Urban and County Affairs (General).
The following reports of standing committees were read by the Secretary:
Mr. President:
The Committee on Agriculture has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 320. Do pass by substitute.
Respectfully submitted,
Senator McGill of the 24th District, Chairman
Mr. President:
The Committee on Banking and Finance has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 327. Do pass. HB 724. Do pass as amended.
Respectfully submitted, Senator Hudgins of the 15th District, Chairman
Mr. President:
The Committee on Natural Resources has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 261. Do not pass.
Respectfully submitted,
Senator Gillis of the 20th District, Chairman
Mr. President:
The Committee on Rules has had under consideration the following resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SR 152. Do pass by substitute.
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 Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 367. Do pass.
Respectfully submitted, Senator Peevy of the 48th District, Chairman

THURSDAY, FEBRUARY 26, 1987

1163

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 863. Do pass. HB 880. Do pass.

HB 886. Do pass. HB 887. Do pass.

HB 884. Do pass.

HB 894. Do pass.

HB 885. Do pass.

HB 914. 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 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.

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.

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 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.

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.

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

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JOURNAL OF THE SENATE

change the manner in which handicapped parking places are designated; to provide for implementation.
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 complimentary samples of dangerous drugs.
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.
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 effective date.
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 attendance at meetings and for attendance at educational programs.
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.
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 requirements 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 contributions to the premium.
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 relating thereto; to change the provisions relating to petitions for and issuance of writs of possession.
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 appropriate signs upon those roads, streets, or highways on the State Highway System

THURSDAY, FEBRUARY 26, 1987

1165

upon which the department determines vehicles exceeding 60 feet in length may reasonably operate; to provide an effective date.
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 supplementing 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.
SR 20. By Senator Burton of the 5th:
A resolution creating the Senate Study Committee for Seat Belts on School Buses.
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.
SR 126. By Senator Howard of the 42nd:
A resolution creating the Economic Development Through Historic Preservation Joint Study Committee.
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.
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.
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.
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, marijuana, alcoholic beverage, gun, pistol, or weapon without the knowledge and consent of the jailer; to provide definitions.
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 investigator 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 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.
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 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.
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 operates a motor vehicle in a privately owned parking area provided by a merchant or merchants for the use of customers commits the offense of criminal trespass by motor vehicle.
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 definitions and the use of certain terms; to revise the provisions relating to excess insurance; to provide that participation in an interlocal risk management agency by a municipality or county shall not constitute waiver of sovereign immunity, except as specifically provided.
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, relating to furnishing alcoholic beverages to, and purchase and possession of alcoholic beverages by, a person under 21 years of age.
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-

THURSDAY, FEBRUARY 26, 1987

1167

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 service.
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.
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.
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.
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 immunity for medical students.
HB 800. By Representative Thomas of the 69th: A bill to amend Code Section 42-8-35.1 of the Official Code of Georgia Annotated, relating to a condition of probation known as special alternative incarceration, so as to provide that a trial judge may specify such condition in any probated sentence of not less than one year.
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.
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.
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 Crumbley Dawkins Deal

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JOURNAL OF THE SENATE

Dean Echols Edge English Engram Fincher Foster Garner Gillis Harris Harrison Hine

Howard Hudgins Huggins Kennedy Kidd Land McGill McKenzie Newbill Olmstead Perry

Those not answering were Senators:

Phillips Ragan Ray Shumake Starr Tate Timmons Tolleson Turner Tysinger Walker

Coverdell Langford

Peevy Scott of 2nd

Scott of 36th Stumbaugh

Senator Tysinger of the 41st introduced the chaplain of the day, Dr. Jack Heinsohn, pastor of Doraville Presbyterian Church, Doraville, Georgia, who offered scripture reading and prayer.

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

SR 171. By Senators Starr of the 44th and Crumbley of the 17th: A resolution honoring and commending Mr. Melvin L. Newman.

SR 172. By Senators Starr of the 44th and Crumbley of the 17th: A resolution recognizing and commending the Clayton County Water Authority.

SR 173. By Senators Starr of the 44th and Crumbley of the 17th: A resolution honoring and commending Mr. W.B. "Bill" Casey.

HR 333. By Representatives Bailey of the 72nd, Benefield of the 72nd, Johnson of the 72nd and others:
A resolution recognizing the Clayton County Water Authority.

HR 334. By Representatives Bailey of the 72nd, Benefield of the 72nd, Johnson of the 72nd and others:
A resolution recognizing Mr. Melvin L. Newman.

HR 335. By Representatives Bailey of the 72nd, Benefield of the 72nd, Johnson of the 72nd and others:
A resolution recognizing Mr. W.B. "Bill" Casey.

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

THURSDAY, FEBRUARY 26, 1987

1169

The following local, uncontested bills of the 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 26, 1987
THIRTY-SECOND LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
HB 863 Ray, 19th City of Cochran Bleckley County Amends Act providing for new charter of city; changes provisions relating to powers of governing authority of city.
HB 880 Kennedy, 4th City of Statesboro Bulloch County Creates new charter for city; provides for corporate limits of said city.
HB 884 Kennedy, 4th Bulloch County Amends Act placing clerk of Superior Court of county on an annual salary; changes compensation of employees of clerk.
HB 885 Kennedy, 4th Bulloch County Amends Act placing sheriff of county upon an annual salary; changes compensation of deputies and office clerk of the sheriff.
HB 886 Kennedy, 4th Bulloch County Amends Act creating office of tax commissioner of county; changes compensation of assistants of tax commissioner; provides for part-time clerical employees.
HB 887 Kennedy, 4th Bulloch County Amends Act placing judge of Probate Court of county upon an annual salary; changes compensation of clerk of judge of Probate Court; provides for parttime employees.
HB 894 Huggins, 53rd Chattooga County Amends Act creating State Court of county; changes provisions relating to compensation of judge and solicitor of said court.
HB 914 McGill, 24th Taliaferro County Amends Act relating to Board of Commissioners of county; authorizes board to provide that chairman of board may also serve as road superintendent of county.

1170

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 Bowen Brannon Broun of 46th Brown of 47th Burton Crumbley Deal Echols Edge English Engram

Foster Garner Gillis Harrison
Hine Hudgins Huggins Kidd Land McGill Newbill

Olmstead Peevy Perry Phillips Scott of 2nd Starr Stumbaugh Tate Tolleson Turner Tysinger

Those not voting were Senators:

Allgood Baldwin Barker Barnes Bryant Coleman Coverdell

Dawkins Dean Fincher Harris Howard Kennedy (presiding) Langford

McKenzie Ragan Ray Scott of 36th Shumake Timmons Walker

On the passage of all the local bills, the yeas were 34, nays 0.

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

SENATE RULES CALENDAR
Thursday, February 26, 1987
THIRTY-SECOND LEGISLATIVE DAY
SB 218 Insurance Regulation--provisions on higher rates after 7/1/87 (SUBSTITUTE) (AMENDMENT) (INS--45th)
(Pursuant to SENATE Rule 143, final passage of the bill was suspended.)
SB 322 Superior Court Judges Retirement System--number of years of service for vest ing (RET--llth)
SB 371 Private Colleges, Universities Authority--lending of proceeds of revenue bonds (H ED--54th)
SR 109 Joint Adoption Study Committee--create (AMENDMENT) (RULES--25th)
HB 180 Malt Beverages, Wine Containing Less than One-Half Percent Alcohol--certain tax exemption (B&F--15th)
HB 212 Administrative Services by Department of Administrative Services to Superior Courts--funding mechanism (APPROP--44th)
HB 202 Municipal Election Date--provide uniform date (SUBSTITUTE) (GOV OP--25th)

THURSDAY, FEBRUARY 26, 1987

1171

SB 365 Certain Boards of Registrars--Public Safety license examiners be deputies to (GOV OP--43rd)
SR 154 Board of Education--encourage certain employment efforts by local school su perintendents (ED--38th)
HB 191 Special Purpose County Sales Tax--previously authorized purposes (SUBSTI TUTE) (B&F--8th)
SR 119 Organ Donor and Transplant Study Committee--create (AMENDMENT) (RULES--37th)
SR 8 Arts Development Fund--relative to creation (RULES--25th)
HB 165 Party Candidate Vacancy by Death or Resignation--filling (SUBSTITUTE) (GOV OP--25th)
SR 138 Victims of Crime--expressing declared rights (PUB SAF--28th)
HB 421 Absentee Voting--redefine "absentee elector" (GOV OP--25th)
HB 562 Labor Department--supplemental appropriation (APPROP--44th)
HB 647 State Financing and Investment Commission Act--redefine "general obligation debt" (SUBSTITUTE) (APPROP--44th)
HB 80 Area Planning and Development Commissions--certain per resident assessments (U&CA G--39th)
SB 343 Action on Alleged Defamatory Statements in Broadcast--correction or retraction (S JUDY--33rd)
HB 465 Contested Election--election superintendent conducting named defendant in certain cases (GOV OP--25th)
HB 141 Interference with Child Custody--conditions for committing offense (AMEND MENT) (C&Y--5th)
HB 187 Ethics in Government (Official Code of Georgia Annotated--Chapter 5, Title 21)--correct errors, omissions (SUBSTITUTE) (GOV OP--33rd)
HB 335 Licensed Retail Liquor Dealer--sign display outside premises (C AFF--2nd)
SR 124 State Facilities for Training of Blind Study Committee--create (RULES--5th)
SB 90 School Bus--requirements for lights (AMENDMENT) (PUB SAF--22nd)
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 25, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage:
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 substitute to SB 218 offered by the Senate Committee on Insurance and adopted as amended by the amendment offered by Senator Dawkins of the 45th, as they appear in the Journal of February 25, were automatically reconsidered and put upon their adoption.

1172

JOURNAL OF THE SENATE

Senator Allgood of the 22nd offered the following amendment:
Amend the amendment offered by Senator Dawkins of the 45th to the substitute to SB 218 offered by the Senate Committee on Insurance by striking on line 2, page 2, the word
"may"
and inserting in lieu thereof the word "shall".

On the adoption of the amendment, the yeas were 29, nays 1, and the amendment was adopted.

On the adoption of the amendment offered by Senator Dawkins of the 45th to the sub stitute to SB 218 offered by the Senate Committee on Insurance, the yeas were 28, nays 1, and the amendment was adopted as amended.

On the adoption of the substitute, the yeas were 28, 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 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 Brown of 47th BCoulretomnan

Engram Fincher Foster Gillis Harris Harrison Hine HHouwdgairnds

Crumbley Dawkins Dean Echols Edge English

Huggins Kidd Land McGill Newbill Olmstead

Peevy Perry Phillips Ragan Scott of 2nd Shumake Starr S,,,tumb, augh,
l ate Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Barnes Broun of 46th Bryant Coverdell

Deal Garner Kennedy (presiding) Langford

McKenzie Ray Scott of 36th

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

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

The following general bill of the Senate, unfavorably reported by the committee, and the adverse committee report disagreed to on February 24, was read the third time and put upon its passage:

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

THURSDAY, FEBRUARY 26, 1987

1173

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.

Senator Timmons of the llth moved that SB 322 be committed to the Senate Commit tee on Retirement.

On the motion, the yeas were 36, nays 0; the motion prevailed, and SB 322 was commit ted to the Senate Committee on Retirement.

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 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.

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

On the passage 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 BBBDruroyrwtaonnnt of 47th Coleman
Crumbley Dawkins Dean Echols Edge

English Engram Fincher Foster Garner Gillis HH,,Hiaanrrernisson Howard
Hudgins Huggins Kidd Land McGill

Newbill Olmstead Peevy Perry Phillips Ragan SS,,a,hcouttmtt aok.fte3oc6*thu btarr
Tate Tolleson Turner Tysinger Walker

Those not voting were Senators:

Barker Barnes Coverdell Deal

Kennedy (presiding) Langford McKenzie Ray

Scott of 2nd Stumbaugh Timmons

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

1174

JOURNAL OF THE SENATE

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

SR 109. By Senator Kidd of the 25th: A resolution creating the Joint Adoption Study Committee.

The Senate Committee on Rules offered the following amendment:

Amend SR 109 by striking from line 7 of page 3 the following: "December 1, 1987,", and inserting in lieu thereof the following: "December 15, 1987,".

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 as amended, was agreed to.

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Bowen Brannon Coverdell

Fincher Garner Kennedy (presiding)

Langford Ragan Scott of 2nd

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

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

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.

Senate Sponsor: Senator Hudgins of the 15th.

THURSDAY, FEBRUARY 26, 1987

1175

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

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

MEMORANDUM

TO:

The Honorable Joe Mack Wilson, Chairman

House Ways and Means Committee

FROM:

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

DATE:

January 28, 1987

SUBJECT: Fiscal Note--House Bill 180 (LC 6 6163) Malt Beverage/Wine Tax Exemption
This Bill would exempt malt beverages (beer) and wines containing less than one-half of one percent alcohol from state and local excise taxes. Current state excise taxes on beer are $10.00 per 31 gallon barrel or 4.5 cents per 12 ounce container. Local excise taxes on beer are $6.00 per 15.5 gallon barrel or 5 cents per 12 ounce container. Current state wine excise taxes range from 11 cents to 67 cents per liter while local excise taxes are not to exceed 22 cents per liter.
This Bill would reduce state excise taxes on beer approximately $54,000 and state ex cise taxes on wine approximately $25,000 annually. Based on the estimated state impact and assuming maximum local taxes are collected, the local county and municipal governments would experience a total reduction in revenue of approximately $60,000 in beer excise taxes and $14,000 in wine excise taxes.

/s/ G.W. Hogan State Auditor

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

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

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

Those voting in the affirmative were Senators:

Albert Barker Barnes Bowen Broun of 46th Brown of 47th
BBCur/urymtofbntley
Dawkins Echols Edge English Engram Fincher

Foster Harris Harrison Hine Howard Hudgins
LK, aidndd,
McGl11 McKenzie Newbill Olmstead Peevy Perry

Phillips Ragan Ray Scott of 2nd Scott of 36th Shumake
SS,,,ttuarmrb, augh,
Tate Timmons Tolleson Turner Tysinger Walker

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JOURNAL OF THE SENATE

Those voting in the negative were Senators:

Baldwin

Deal

Brannon

Huggins

Those not voting were Senators:

Allgood Coleman Coverdell

Dean Garner Gillis

Kennedy (presiding) Langford

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

Senator Hudgins of the 15th moved that the Senate insist upon the Senate substitute to HB 87.

On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 87.

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 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.
Senate Sponsor: Senator Starr of the 44th.

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

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

Those voting in the affirmative were Senators:

Albert Baldwin Barnes Bowen Brannon Broun of 46th Brown of 47th Bryant Burton

Coleman Crumbley Deal Dean Echols Edge English Engram Fincher

Foster Gillis Harris Harrison Hine Howard Hudgins Huggins Kidd

THURSDAY, FEBRUARY 26, 1987

1177

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:

Allgood Barker Coverdell

Dawkins Garner

Kennedy (presiding) Langford

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

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

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.
Senate Sponsor: Senator Kidd of the 25th.

The Senate Committee on Governmental Operations offered the following substitute to HB 202:

A BILL
To be entitled an Act 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 municipal election date; to provide for certain biennial elections; to provide for transitional terms for municipal offices; to provide for four-year terms for municipal offices; to preserve com mencement of certain terms by ordinance; to authorize the General Assembly to provide for expiration of certain terms and for two-year terms and concurrent or staggered terms for municipal offices by local Acts; to authorize and require the Secretary of State to prepare necessary Code revisions; 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 3 of Chapter 3 of Title 21 of the Official Code of Georgia Annotated, relating to municipal elections, is amended by repealing Article 3, relating to the dates of primaries and elections generally, in its entirety and inserting in lieu thereof a new Article 3 to read as follows:
"ARTICLE 3
Part 1
21-3-50. Whenever any political party shall hold a municipal primary to nominate can didates for offices to be filled in the ensuing municipal election, the same shall be held at least four weeks prior to the general municipal election. Notice of such primary shall be publicly issued by the municipal or other appropriate party executive committee at least 20 days prior to such primary.
21-3-51. (a) For all general municipal elections occurring before January 1, 1993, the

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date of the municipal election shall be specified by the charter of the municipality or, if not so specified, then by municipal ordinance. Public notice of such election shall be published by the governing authority in a newspaper of general circulation in the municipality at least 30 days prior to the election.
(b) Effective January 1, 1993, all general municipal elections to fill municipal offices shall be held on the Tuesday next following the first Monday in November in 1993 and on such day biennially thereafter. Public notice of such elections shall be published by the governing authority in a newspaper of general circulation in the municipality at least 30 days prior to the elections.
21-3-52. Whenever any political party shall hold a special primary to nominate candi dates for offices to be filled in the ensuing special election, the same shall be held two weeks prior to the special election. Notice of such primary shall be publicly issued by the munici pal or other appropriate party executive committee at least 15 days prior to such special primary.
21-3-53. The date of a special election shall be no earlier than 30 days and no later than 60 days after the call of such special election by the governing authority of the municipality, such call to be published promptly in a newspaper of general circulation in the municipality.
Part 2
21-3-60. (a) Except as provided in subsection (b) of this Code section and Code Section 21-3-64, all municipalities that have terms of municipal office of four years or greater as of January 1, 1989, shall have the terms of office for municipal officers elected in general mu nicipal elections held in 1989, 1990, 1991, and 1992 as follows:
(1) Municipal offices elected in 1989 shall have their terms expire December 31, 1993;
(2) Municipal offices elected in 1990 shall have their terms expire December 31, 1995;
(3) Municipal offices elected in 1991 shall have their terms expire December 31, 1995; and
(4) Municipal offices elected in 1992 shall have their terms expire December 31, 1997.
(b) If a municipal charter provides that the term of a municipal office begins at the first organizational meeting in January following a general municipal election and if the munici pality has terms of municipal office of four years or greater as of January 1, 1989, then the local governing body may continue the commencing of the term of office as provided in the charter for all offices by passing an ordinance on or before January 1, 1989, stating that intent. A certified copy of such ordinance shall be filed with the office of the Secretary of State by January 31, 1989. If such an ordinance is filed, all offices elected in 1989, 1990, 1991, and 1992 shall have their terms end as follows unless otherwise provided by local law in accordance with Code Section 21-3-64:
(1) Municipal offices elected in 1989 shall have their terms expire at the first organiza tional meeting in January, 1994;
(2) Municipal offices elected in 1990 shall have their terms expire at the first organiza tional meeting in January, 1996;
(3) Municipal offices elected in 1991 shall have their terms expire at the first organiza tional meeting in January, 1996; and
(4) Municipal offices elected in 1992 shall have their terms expire at the first organiza tional meeting in January, 1998.
For the municipal offices of municipalities elected in the November, 1993, general municipal election and biennial elections thereafter, the term shall commence at the first organiza tional meeting in January following a municipal election if the municipalities have filed ordinances as provided under this subsection.
21-3-61. (a) Except as provided in subsection (b) of this Code section and Code Section

THURSDAY, FEBRUARY 26, 1987

1179

21-3-64, all municipalities that have terms of municipal office of either three years or one year as of January 1, 1989, shall have the terms of office for municipal officers elected in general municipal elections held in 1989, 1990, 1991, and 1992 as follows:
(1) Municipal offices elected in 1989 shall have their terms expire December 31, 1993;
(2) Municipal offices elected in 1990 shall have their terms expire December 31, 1993;
(3) Municipal offices elected in 1991 shall have their terms expire December 31, 1995; and
(4) Municipal offices elected in 1992 shall have their terms expire December 31, 1995.
(b) If a municipal charter provides that the term of a municipal office begins at the first organizational meeting in January following a general municipal election and if the munici pality has terms of municipal office of three years or less as of January 1, 1989, then the local governing body may continue the commencing of the term of office as provided in the charter for all offices by passing an ordinance on or before January 1, 1989, stating that intent. A certified copy of such ordinance shall be filed with the office of the Secretary of State by January 31, 1989. If such an ordinance if filed, all offices elected in 1989, 1990, 1991, and 1992 shall have their terms end as follows unless otherwise provided by local law in accordance with Code Section 21-3-64:
(1) Municipal offices elected in 1989 shall have their terms expire at the first organiza tional meeting in January, 1994;
(2) Municipal offices elected in 1990 shall have their terms expire at the first organiza tional meeting in January, 1994;
(3) Municipal offices elected in 1991 shall have their terms expire at the first organiza tional meeting in January, 1996; and
(4) Municipal offices elected in 1992 shall have their terms expire at the first organiza tional meeting in January, 1996.
For the municipal offices of municipalities elected in the November, 1993, general municipal election and biennial elections thereafter, the term shall commence at the first organiza tional meeting in January following a municipal election if the municipalities have filed ordinances as provided under this subsection.
21-3-62. (a) Except as provided in subsection (b) of this Code section and Code Section 21-3-64, all municipalities that have terms of municipal office of two years as of January 1, 1989, shall have the terms of office for municipal officers elected in general municipal elec tions held in 1990, 1991, and 1992 as follows:
(1) Municipal offices elected in 1990 shall have their terms expire December 31, 1993;
(2) Municipal offices elected in 1991 shall have their terms expire December 31, 1995; and
(3) Municipal offices elected in 1992 shall have their terms expire December 31, 1995.
(b) If a municipal charter provides that the term of a municipal office begins at the first organizational meeting in January following a general municipal election and if the munici pality has terms of municipal office of two years as of January 1, 1989, then the local gov erning body may continue the commencing of the term of office as provided in the charter for all offices by passing an ordinance on or before January 1, 1989, stating that intent. A certified copy of such ordinance shall be filed with the office of the Secretary of State by January 31, 1989. If such an ordinance is filed, all offices elected in 1990, 1991, and 1992 shall have their terms end as follows unless otherwise provided by local law in accordance with Code Section 21-3-64:
(1) Municipal offices elected in 1990 shall have their terms expire at the first organiza tional meeting in January, 1994;

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(2) Municipal offices elected in 1991 shall have their terms expire at the first organiza tional meeting in January, 1996; and
(3) Municipal offices elected in 1992 shall have their terms expire at the first organiza tional meeting in January, 1996.
For the municipal offices of municipalities elected in the November, 1993, general municipal election and biennial elections thereafter, the term shall commence at the first organiza tional meeting in January following a municipal election if the municipalities have filed ordinances as provided under this subsection.
21-3-63. Effective January 1, 1993, all municipal offices to be elected in the November, 1993, general municipal election and biennially thereafter shall be for terms of four years, unless otherwise provided by local law in accordance with Code Section 21-3-64. The terms for municipal offices elected in the November, 1993, general municipal election and bienni ally thereafter shall commence on January 1 following the year of a general municipal elec tion or as otherwise provided in subsection (b) of Code Section 21-3-60, subsection (b) of Code Section 21-3-61, or subsection (b) of Code Section 21-3-62. If a municipal officer's term ends on or after January 1, 1993, but prior to the first organizational meeting in 1994, and such municipal office is to be filled by a general municipal election in 1993, then that officer shall continue in office until December 31, 1993, or as otherwise provided by subsection (b) of Code Section 21-3-60, subsection (b) of Code Section 21-3-61, or subsection (b) of Code Section 21-3-62.
21-3-64. Notwithstanding Code Section 1-3-11, the General Assembly is authorized to provide by local law:
(1) For municipal offices elected in a general municipal election in 1989, 1990, 1991, and 1992 to expire after or before the dates provided in Code Section 21-3-60, Code Section 213-61, or Code Section 21-3-62, provided that such expiration coincides with a municipal election in 1991, 1993, or biennially thereafter;
(2) For terms of two years for municipal offices, with the local law designating the of fices to be elected and the time periods covered by such terms for each office; and
(3) For municipal offices to change from concurrent terms to staggered terms or from staggered terms to concurrent terms, with the local law designating the terms for each office."
Section 2. Upon passage of this Act and its becoming law, the Secretary of State shall be authorized and required to prepare the necessary revisions in the Official Code of Georgia Annotated to bring before the General Assembly to carry out the purposes of this Act.
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

Barker Barnes Bowen

Brannon Broun of 46th Brown of 47th

THURSDAY, FEBRUARY 26, 1987

1181

Burton Coleman Crumbley Dawkins Deal Dean Echols English Engram Fincher Foster Gillis

Harris Hine Howard Hudgins Huggins Kidd Land McGill McKenzie Newbill Olmstead
Peevy

Perry Ragan Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Timmons Tolleson Turner Tysinger

Those not voting were Senators:

Bryant Coverdell Edge Garner

Harrison Kennedy (presiding) Langford

Phillips Tate 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 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.

Senator Walker of the 43rd moved that SB 365 be committed to the Senate Committee on Governmental Operations.

On the motion, the yeas were 31, nays 0; the motion prevailed, and SB 365 was commit ted to the Senate Committee on Governmental Operations.

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.

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 Brown of 47th

Bryant Coleman Crumbley Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Gillis Harris Hine Hudgins

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Huggins Kidd
McKenzie Newbill Olmstead Peevy

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

Starr Stumbaugh
Tate Timmons Turner Walker

Those not voting were Senators:

Barnes Burton Coverdell Garner

Harrison Howard Kennedy (presiding) Land

Langford Phillips Tolleson Tysinger

On the adoption of the resolution, the yeas were 43, nays 0.

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

Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced that the Senate would stand in recess from 10:15 o'clock A.M. until 10:30 o'clock A.M.

At 10:50 o'clock A.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 has passed by the requisite constitutional majority the following bill of the House:

HB 516. By Representative Colbert of the 23rd:
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.

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

SB 254. By Senators Hudgins of the 15th, Holloway of the 12th and Fincher of the 54th:
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 following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

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

THURSDAY, FEBRUARY 26, 1987

1183

provide that such taxes may be imposed for any combination of previously au thorized purposes.
Senate Sponsor: Senator Turner of the 8th.

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

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

MEMORANDUM

TO:

The Honorable Joe Mack Wilson, Chairman

House Ways and Means Committee

FROM:

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

DATE:

February 3, 1987

SUBJECT: Fiscal Note--House Bill 191 (LC 14 4573) Special Purpose County Sales Tax

This Bill would amend the state laws regarding the special purpose 1% county sales tax. It would allow the county governing authority to include more than one intended use or purpose for the tax on the resolution which authorizes the tax. Thus, several projects could be funded with monies from the special purpose tax, and the list of public purpose projects which may be funded by the tax would be expanded. The Bill also requires publication of a notice of the date and time of the special tax election once a week for four weeks instead of the current 30 days. In addition, the Bill specifically states that county governments are prohibited from making payments on the county's general obligation debt using monies col lected, in whole or in part, for road, street, or bridge projects. Finally, it provides that coun ties may elect to reimpose a new special purpose tax after the current tax expires. All coun ties must still adhere to state law prohibiting the collection of more than one percent special purpose tax, or five percent overall sales tax.

The fiscal impact of this Bill cannot be accurately predicted since the number of coun ties which might elect to impose a special purpose sales tax cannot be determined. The most recent information available indicated that 28 of the 159 counties had collected special pur pose taxes of approximately $156 million in calendar year 1986. Fulton County cannot col lect the tax since it is already collecting the maximum 5% sales tax allowable under state law. If all of the remaining 130 counties were to impose a special purpose tax, the counties would receive approximately $332 million in additional tax revenue. The Department of Revenue would experience increased costs to administer the programs; however, the depart ment would also receive approximately $3.35 million since it retains one percent of all sales tax proceeds to cover the costs associated with collecting and disbursing the tax. It should be noted that at least 48 counties will collect special purpose taxes in calendar year 1987.

/s/ G.W. Hogan State Auditor

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

The Senate Committee on Banking and Finance offered the following substitute to HB 191:

A BILL
To be entitled an Act 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 pro vide that such taxes may be imposed for any combination of previously authorized purposes;

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to provide that such taxes may be imposed for the purpose of certain cultural, recreational, and historic facilities and for the purpose of certain water, sewer, or water and sewer capital outlay projects to be owned and operated by a county water and sewer district and one or more municipalities; to provide that such taxes may be imposed for the purpose of retiring certain previously incurred general obligation debt; to change the method of submission of imposition or reimposition of the tax to the voters and the method of advertisement of the same; to provide that no general obligation debt shall be issued in connection with the im position of the tax when the tax is imposed in whole or in part for road, street, or bridge purposes; to change provisions relating to the termination of the tax; to change provisions relating to authorized uses of proceeds of the tax; to change provisions relating to issuance of general obligation debt in connection with the imposition of the tax; to provide for the automatic repeal of said Article 3 of Chapter 8 of Title 48 and for the termination of the authority to impose special purpose county sales and use taxes; to provide for continuation of previously imposed and authorized taxes; to provide for all related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to special purpose county sales and use taxation, is amended by striking Code Sec tion 48-8-111, relating to authorization for and imposition of the tax and issuance of debt, and inserting in its place a new Code section to read as follows:
"48-8-111. (a) Whenever a county governing authority votes to impose the tax author ized by this article, the governing authority shall notify the county election superintendent by forwarding to the superintendent a copy of the resolution or ordinance of the governing authority calling for the imposition of the tax. Such ordinance or resolution shall specify:
(1) The purpose or purposes for which the proceeds of the tax are to be used and may be expended, which purpose or purposes may consist of projects located within or without, or both within and without, any incorporated areas in the county and which may include any of the following purposes:
(A) Road, street, and bridge purposes;
(B) A capital outlay project or projects of the county for the use of or the benefit of the citizens of the entire county and consisting of a county courthouse; county administrative buildings; a civic center; a hospital; a county jail, correctional institution, or other detention facility; a county library; a coliseum; sanitary landfills; or any combination of such projects;
(C) A capital outlay project or projects which will be operated by a joint authority or authorities of the county and one or more municipalities within the county and which will be for the use of or benefit of the citizens of the county and the citizens of one or more municipalities within the county;
(D) A capital outlay project or projects, to be owned or operated or both either by the county, one or more municipalities, or any combination thereof, with respect to which the county has, prior to the call of the election, entered into a contract or agreement, as author ized by Article IX, Section III of the Constitution, with one or more municipalities in the county, which municipality or municipalities contain more than one-half of the aggregate population of all municipalities within the county; and, for purposes of determining the population of a municipality under this subparagraph, only that portion of the population of each municipality which is within the county shall be included;
(E) A capital outlay project consisting of a cultural facility, a recreational facility, or an historic facility (or a facility for some combination of such purposes);
(F) A water capital outlay project, a sewer capital outlay project, a water and sewer capital outlay project, or a combination of such projects, to be owned or operated or both by a county water and sewer district and one or more municipalities in the county, with respect to which the county has, prior to the call of the election, entered into a contract or agree ment, as authorized by Article IX, Section III of the Constitution; and when the tax is

THURSDAY, FEBRUARY 26, 1987

1185

imposed pursuant to this subparagraph the proceeds of the tax shall be allocated between the water and sewer district and the municipality or municipalities based upon the popula tion of the municipality or municipalities, according to the 1980 decennial census or any future such census, over the population of the county, according to the 1980 decennial cen sus or any future such census, with such allocation to be specified in the contract or agree ment relating to the capital outlay facility or facilities;

(G) The retirement of previously incurred general obligation debt of the county (other than general obligation debt incurred for road, street, or bridge purposes), if such previously incurred general obligation debt was incurred for a project or projects of a type for which new general obligation debt may be incurred under this article; or

(H) Any combination of two or more of the foregoing;

(2) The maximum period of time, to be stated in calendar years or calendar quarters and not to exceed five years, or not to exceed four years if the proceeds of the tax are to be used in whole or in part for road, street, and bridge purposes, for which the tax may be imposed;

(3) The maximum cost of the project or projects which will be funded from the pro ceeds of the tax, which maximum cost shall also be the maximum amount of net proceeds to be raised by the tax, except that if the tax is to be imposed in whole or in part for road, street, and bridge purposes the maximum cost and maximum proceeds to be raised shall be omitted; and

(4) If general obligation debt is to be issued in conjunction with the imposition of the tax, as authorized by this article in cases where the tax is imposed other than in whole or in part for road, street, and bridge purposes, the principal amount of the debt to be issued, the purpose for which the debt is to be issued, the interest rate or rates or the maximum inter est rate or rates which such debt is to bear, and the amount of principal to be paid in each year during the life of the debt.

(b) Upon receipt of the resolution or ordinance, the election superintendent shall issue the call for an election for the purpose of submitting the question of the imposition of the tax to the voters of the county. The election superintendent shall set the date of the election for a day not less than 30 nor more than 45 days after the date of the issuance of the call. The election superintendent shall cause the date and purpose of the election to be published once a week for four weeks immediately preceding the date of the election in the official organ of the county. If general obligation debt is to be issued in conjunction with the impo sition of the tax, the notice published by the election superintendent shall also include, in such form as may be specified by the county governing authority, the principal amount of the debt, the purpose for which the debt is to be issued, the rate or rates of interest or the maximum rate or rates of interest the debt will bear, and the amount of principal to be paid in each year during the life of the debt; and such publication of notice by the election super intendent shall take the place of the notice otherwise required by Code Section 36-80-11 or by subsection (b) of Code Section 36-82-1, which notice shall not be required.

(c) If the tax is to be imposed solely for road, street, and bridge purposes, the ballot shall have written or printed thereon the following:

'[ ] YES [ ] NO

Shall a special 1 percent sales and use tax be imposed for road, street, and bridge purposes in _ County for a period of --?'

(d)(l) If the tax is to be imposed solely for purposes other than for road, street, and bridge purposes and if no debt is to be issued, the ballot shall have written or printed thereon the following:

'[ ] YES [ ] NO

Shall a special 1 percent sales and use tax be imposed in _ County for a period of time not to exceed _ and for the raising of not more than $_ for the purpose of _?'

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(2) If debt is to be issued, the ballot shall also have written or printed thereon, follow ing the language specified by paragraph (1) of this subsection, the following:

'If imposition of the tax is approved by the voters, such vote shall also constitute ap proval of the issuance of general obligation debt of _ County in the principal amount of $_ for the above purpose.'

(3) If the tax is to be imposed in part for road, street, and bridge purposes and in part for other purposes, the ballot shall have written or printed thereon the following:

'[ ] YES [ ] NO

Shall a special 1 percent sales and use tax be imposed in _ County for a period of _, for road, street, and bridge purposes and for the purpose of _?'

(e) All persons desiring to vote in favor of imposing the tax shall vote 'Yes' and all persons opposed to levying the tax shall vote 'No.' If more than one-half of the votes cast are in favor of imposing the tax then the tax shall be imposed as provided in this article; otherwise the tax shall not be imposed and the question of imposing the tax shall not again be submitted to the voters of the county until after 12 months immediately following the month in which the election was held. The election superintendent shall hold and conduct the election under the same rules and regulations as govern special elections. The superin tendent shall canvass the returns, declare the result of the election, and certify the result to the Secretary of State and to the commissioner. The expense of the election shall be paid from county funds.

(f)(l) If the proposal includes the authority to issue general obligation debt and if more than one-half of the votes cast are in favor of the proposal, then the authority to issue such debt in accordance with Article IX, Section V, Paragraph I of the Constitution is given to the proper officers of the county; otherwise such debt shall not be issued. If the authority to issue such debt is so approved by the voters, then such debt may be issued without further approval by the voters.
(2) If the issuance of general obligation debt is included and approved as provided in this Code section, then the governing authority of the county may incur such debt either through the issuance and validation of general obligation bonds or through the execution of a promissory note or notes or other instrument or instruments. If such debt is incurred through the issuance of general obligation bonds, such bonds and their issuance and valida tion shall be subject to Articles 1 and 2 of Chapter 82 of Title 36 except as specifically provided otherwise in this article. If such debt is incurred through the execution of a prom issory note or notes or other instrument or instruments, no validation proceedings shall be necessary and such debt shall be subject to Code Sections 36-80-10 through 36-80-14 except as specifically provided otherwise in this article. In either event, such general obligation debt shall be payable first from the separate account in which are placed the proceeds re ceived by the county from the tax authorized by this article. Such general obligation debt shall, however, constitute a pledge of the full faith, credit, and taxing power of the county; and any liability on such debt which is not satisfied from the proceeds of the tax authorized by this article shall be satisfied from the general funds of the county. In no event shall any proceeds of a tax which is imposed pursuant to this article in whole or in part for road, street, or bridge purposes be used for payment of general obligation debt."
Section 2. Said article is further amended by striking Code Section 48-8-112, relating to imposition and termination of the tax, and inserting in its place a new Code section to read as follows:
"48-8-112. (a) If the imposition of the tax is approved at the special election, the tax shall be imposed on the first day of the next succeeding calendar quarter which begins more than 80 days after the date of the election at which the tax was approved by the voters. With respect to services which are regularly billed on a monthly basis, however, the resolu tion shall become effective with respect to and the tax shall apply to services billed on or after the effective date specified in the previous sentence.

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1187

(b) The tax shall cease to be imposed on the earliest of the following dates:
(1) If the resolution or ordinance calling for the imposition of the tax provided for the issuance of general obligation debt and such debt is the subject of validation proceedings, as of the end of the first calendar quarter ending more than 80 days after the date on which a court of competent jurisdiction enters a final order denying validation of such debt;
(2) On the final day of the maximum period of time specified for the imposition of the tax; or
(3) If the tax was imposed solely for purposes other than road, street, and bridge pur poses, as of the end of the calendar quarter during which the commissioner determines that the tax will have raised revenues sufficient to provide to the county net proceeds equal to or greater than the amount specified as the maximum amount of net proceeds to be raised by the tax.
(c) No county shall impose at any time more than a single 1 percent tax under this article. A county in which a tax authorized by this article is in effect may, while the tax is in effect, adopt a resolution or ordinance calling for the reimposition of a tax as authorized by this article upon the termination of the tax then in effect; and a special election may be held for this purpose while the tax is in effect. Proceedings for the reimposition of a tax shall be in the same manner as proceedings for the initial imposition of the tax, but the newly au thorized tax shall not be imposed until the expiration of the tax then in effect. Following the expiration of a tax under this article, a county may likewise initiate proceedings for the reimposition of a tax under this article."
Section 3. Said article is further amended by striking Code Section 48-8-121, relating to use of proceeds of the tax, and inserting in its place a new Code section to read as follows:
"48-8-121. (a) The proceeds received from the tax authorized by this article shall be used by the county exclusively for the purpose or purposes specified in the resolution or ordinance calling for imposition of the tax. Such proceeds shall be kept in a separate ac count from other funds of the county and shall not in any manner be commingled with other funds of the county prior to expenditure.
(b) If the resolution or ordinance calling for the imposition of the tax specified that the proceeds of the tax are to be used in whole or in part for road, street, and bridge purposes, then authorized uses of the tax proceeds shall include acquisition of right of way for, con struction of, and renovation and improvement of, including relocation of utilities for and improvement of surface water drainage from, roads, streets, and bridges both within the unincorporated area of the county and within the incorporated areas of municipalities within the county. If the resolution or ordinance calling for the imposition of the tax speci fied that the proceeds of the tax are to be used in whole or in part for road, street, and bridge purposes, then no part of the proceeds of the tax shall be used to retire general obligation debt.
(c) No general obligation debt shall be issued in conjunction with the imposition of the tax authorized by this article when the tax is imposed in whole or in part for road, street, and bridge purposes. If the tax is imposed solely for purposes other than road, street, and bridge purposes, then no general obligation debt shall be issued in conjunction with the imposition of the tax unless the county governing authority determines that, and if the debt is to be validated it is demonstrated in the validation proceedings that, during each year in which any payment of principal or interest on the debt comes due the county will receive from the tax authorized by this article net proceeds sufficient to fully satisfy such liability. General obligation debt issued under this article shall be payable first from the separate account in which are placed the proceeds received by the county from the tax authorized by this article. Such debt, however, shall constitute a pledge of the full faith, credit, and taxing power of the county; and any liability on said debt which is not satisfied from the proceeds of the tax authorized by this article shall be satisfied from the general funds of the county.
(d) The resolution or ordinance calling for imposition of the tax authorized by this article solely for purposes other than for road, street, and bridge purposes may specify that

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all of the proceeds of the tax will be used for payment of general obligation debt issued in conjunction with the imposition of the tax. If the resolution or ordinance so provides, then such proceeds shall be used solely for such purpose except as provided in subsection (g) of this Code section.
(e)(l) The resolution or ordinance calling for the imposition of the tax authorized by this article solely for purposes other than for road, street, and bridge purposes may specify that a part of the proceeds of the tax will be used for payment of general obligation debt issued in conjunction with the imposition of the tax. If the ordinance or resolution so pro vides, it shall specifically state the other purposes for which such proceeds will be used; and such other purposes shall be a part of the capital outlay project or projects for which the tax is to be imposed. In such a case no part of the net proceeds from the tax received in any year shall be used for such other purposes until all debt service requirements of the general obligation debt for that year have first been satisfied from the account in which the pro ceeds of the tax are placed.
(2) In no event shall any proceeds of general obligation debt issued pursuant to this article be used for road, street, or bridge purposes.
(f) The resolution or ordinance calling for the imposition of the tax may specify that no general obligation debt is to be issued in conjunction with the imposition of the tax. If the ordinance or resolution so provides, it shall specifically state the purpose or purposes for which the proceeds will be used.
(g) If the proceeds of the tax are specified to be used solely for the purpose of payment of general obligation debt issued in conjunction with the imposition of the tax, then any net proceeds of the tax in excess of the amount required for final payment of such debt shall be subject to and applied as provided in this subsection. If the county receives from the tax net proceeds (other than from a tax imposed in whole or in part for road, street, and bridge purposes) in excess of the maximum cost of the project or projects stated in the resolution or ordinance calling for the imposition of the tax or in excess of the actual cost of such project or projects, then such excess proceeds shall be subject to and applied as provided in this subsection. If the tax is terminated under paragraph (1) of subsection (b) of Code Sec tion 48-8-112 by reason of denial of validation of debt, then all net proceeds received by the county from the tax shall be excess proceeds subject to this subsection. Excess proceeds subject to this subsection shall be used solely for the purpose of reducing any indebtedness of the county other than indebtedness incurred pursuant to this article. If there is no such other indebtedness or, if the excess proceeds exceed the amount of any such other indebted ness, then the excess proceeds shall next be paid into the general fund of the county, it being the intent that any funds so paid into the general fund of the county be used for the purpose of reducing ad valorem taxes."
Section 4. Said article is further amended by adding at the end thereof a new Code Section 48-8-122 to read as follows:
"48-8-122. This article shall be repealed upon the date on which an Act or constitu tional amendment increasing the current 3 percent state sales and use tax to a rate in excess of 3 percent becomes effective. No county shall on or after such date adopt any resolution or ordinance calling for the imposition of the tax authorized by this article. With respect to taxes imposed under this article prior to such date, and proceedings commenced prior to such date for the imposition of taxes under this article, the provisions of this article shall continue to control until such previously imposed taxes, previously commenced proceedings, and taxes resulting from such previously commenced proceedings are terminated according to the provisions of this article."
Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 6. All laws and parts of laws in conflict with this Act are repealed.

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1189

Senator Crumbley of the 17th offered the following amendment:

Amend the substitute to HB 191 offered by the Senate Committee on Banking and Finance by inserting after line 17 on page 7 the following:
"(4) If the resolution calls for more than one project then the ballot shall contain sepa rate questions with respect to each project."

On the adoption of the amendment, Senator Crumbley of the 17th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Baldwin Barker Barnes Brannon Brown of 47th Crumbley Dawkins

Deal Edge Engram Foster Harrison Hine Howard

Hudgins Land Olmstead Peevy Starr Tolleson Tysinger

Those voting in the negative were Senators:

Albert Allgood Bowen Broun of 46th Bryant Burton Coleman Dean Echols English

Gillis Harris Kennedy Kidd Langford McGill McKenzie Newbill Perry Phillips

Ragan Ray Scott of 2nd Scott of 36th Shumake Stumbaugh Tate Timmons Turner Walker

Those not voting were Senators:

Coverdell Fincher

Garner

Huggins

On the adoption of the amendment offered by Senator Crumbley of the 17th to the substitute to HB 191 offered by the Senate Committee on Banking and Finance, the yeas were 21, nays 30, and the amendment was lost.

Senator Edge of the 28th offered the following amendment:

Amend the substitute to HB 191 offered by the Senate Committee on Banking and Finance by striking from lines 27 and 28 on page 1 the following:
"to provide an effective date;",
and inserting in lieu thereof the following:
"to provide for the repeal of the change in the rate of the motor fuel tax on a certain date; to provide effective dates;"
By striking redesignated Section 6 in its entirety and substituting in lieu thereof the following:
"Section 6. Code Section 48-9-3 of the Official Code of Georgia Annotated, relating to

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the motor fuel tax generally, is amended by striking paragraph (1) of subsection (a) and inserting in lieu thereof a new paragraph (1) to read as follows:
'(1) An excise tax is imposed at the rate of 7 Vt<t per gallon on distributors who sell or use motor fuel within this state. It is the intention of the General Assembly that the legal incidence of the tax be imposed upon the distributor.'
Section 7. (a) Except as otherwise provided in subsections (b) and (c) of this section, this Act shall become effective upon its approval by the Governor or its becoming law with out the Governor's approval.
(b) Section 5 of this Act shall become effective on July 1, 1987. (c) Section 6 of this Act shall become effective July 1, 1992." By renumbering Section 7 as Section 8.
Senator Edge of the 28th asked unanimous consent to withdraw his amendment; the consent was granted, and the amendment offered by Senator Edge of the 28th was withdrawn.
Senator Dawkins of the 45th offered the following amendment:
Amend the substitute to HB 191 offered by the Senate Committee on Banking and Finance by striking on line 17 of page 1 the following:
"or in part". By striking on line 12 of page 5 the following: "or in part". By adding immediately before the word "of on line 33 of page 6 the following: "or (3)". By striking on line 6 of page 7 the following: "above purpose", and inserting in lieu thereof the following: "purpose of _". By striking on line 6 of page 9 the following: "or in part". By adding immediately before the quotation mark on line 8 of page 9 the following: "If the tax is imposed in part for road, street, and bridge purposes and in part for other purposes, then general obligation debt may be issued only in conjunction with the purposes other than road, street, or bridge purposes." By striking on line 25 of page 11 the following: "or in part". By striking on line 31 of page 11 the following: "or in part". By striking on line 33 of page 11 the following: "solely", and inserting in lieu thereof the following: "in whole or in part".

THURSDAY, FEBRUARY 26, 1987

1191

By striking on line 30 of page 12 the following: "solely", and inserting in lieu thereof the following: "in whole or in part". By inserting after the word "be" on line 4 of page 13 the following: "road, street, or bridge purposes or". By inserting before the period on line 5 of page 13 the following: "or some combination thereof".

On the adoption of the amendment offered by Senator Dawkins of the 45th to the sub stitute to HB 191 offered by the Senate Committee on Banking and Finance, the yeas were 34, nays 0, and the amendment was adopted.

Senator Phillips of the 9th offered the following amendment:

Amend the substitute to HB 191 offered by the Senate Committee on Banking and Finance by striking from lines 22 through 25 on page 1 the following:
"to provide for the automatic repeal of said Article 3 of Chapter 8 of Title 48 and for the termination of the authority to impose special purpose county sales and use taxes;".
By striking Section 4 in its entirety and by renumbering Sections 5 and 6 as Sections 4 and 5, respectively.

On the adoption of the amendment, Senator Phillips of the 9th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Burton Deal
Edge

Foster Harrison Hudgins Land
Newbill

Peevy Phillips
Tolleson Tysinger

Those voting in the negative were Senators:

Allgood Barker Barnes Bowen Brannon Broun of 46th B0BCroroylewamnn,tanof 47th Crumbley
Dawkins Dean
Echols English

Engram Fincher Garner Gillis Harris Hine ,HHu,ouw^al.rnds, Kennedy
Kidd Langford
McGill McKenzie

Olmstead Perry Ragan Ray Scott of 2nd Scott of 36th cfS0tuhaurmr aki e Stumbaugh
Tate Timmons
Turner Walker

Not voting was Senator Coverdell.

On the adoption of the amendment offered by Senator Phillips of the 9th to the substi-

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tute to HB 191 offered by the Senate Committee on Banking and Finance, the yeas were 14, nays 40, and the amendment was lost.

Senators Coleman of the 1st, Allgood of the 22nd, Kennedy of the 4th, Gillis of the 20th, Dean of the 31st, Garner of the 30th and Bryant of the 3rd offered the following amendment:

Amend the substitute to HB 191 offered by the Senate Committee on Banking and Finance as follows:

By adding after the semicolon on line 25 of page 1 the following:
"to amend Article 1 of Chapter 9 of Title 48 of the Official Code of Georgia Annotated, relating to motor fuel taxes, so as to change the rate of the motor fuel tax imposed under Code Section 48-9-3, and for related purposes;".
By adding between lines 3 and 4 of page 15 a new Section 5 to read as follows:
"Section 5. Article 1 of Chapter 9 of Title 48 of the Official Code of Georgia Annotated, relating to motor fuel taxes, is amended by striking the language '7 '/2 ' and inserting in lieu thereof the language '10<t' in paragraph (1) of subsection (a) of Code Section 48-9-3, so that when amended it shall read as follows:
"(a) (1) An excise tax is imposed at the rate of lOc per gallon on distributors who sell or use motor fuel within this state. It is the intention of the General Assembly that the legal incidence of the tax be imposed upon the distributor."
By striking the designation "5" on line 4 of page 15 and inserting in lieu thereof the designation "6".
By striking the designation "6" on line 7 of page 15 and inserting in lieu thereof the designation "7".

On the adoption of the amendment offered by Senators Coleman of the 1st, Allgood of the 22nd, Kennedy of the 4th, Gillis of the 20th, Dean of the 31st, Garner of the 30th and Bryant of the 3rd, 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:

Albert Allgood Baldwin Barker Bowen Brannon BBDBrrrooywuannntoofff 44,n67.tt.huh Burton
Coleman Crumbley Dawkins Dean Echols Edge

English Engram Fincher Foster Garner Gillis HHHuiaanrrernisson Howard
Hudgins Huggins Kennedy Kidd Land Langford

McGill Newbill Olmstead Perry Phillips Ragan SQS0 ccoo.tttt ootff,. 20,,3n-6dt,h, Shumake
Tate Timmons Tolleson Turner Tysinger Walker

Those voting in the negative were Senators:

Barnes Deal McKenzie

Peevy Ray

Starr Stumbaugh

THURSDAY, FEBRUARY 26, 1987

1193

Not voting was Senator Coverdell.

On the adoption of the amendment offered by Senators Coleman of the 1st, Allgood of the 22nd, Kennedy of the 4th, Gillis of the 20th, Dean of the 31st, Garner of the 30th and Bryant of the 3rd to the substitute to HB 191 offered by the Senate Committee on Banking and Finance, the yeas were 47, nays 7, and the amendment was adopted.

Senator McGill of the 24th offered the following amendment:

Amend the substitute to HB 191 offered by the Senate Committee on Banking and Finance by adding following the word "taxes" on line 26 of page 1 the following:
"; to amend Code Section 48-9-3 of the Official Code of Georgia Annotated, relating to the motor fuel tax generally, so as to provide that motor fuel which contains not less than 5 percent ethanol is exempt from the first 3<t per gallon excise tax".
By redesignating Sections 5 and 6 as Sections 6 and 7, respectively.
By adding, following line 3 of page 15, a new Section 5 to read as follows:
"Section 5. Code Section 48-9-3 of the Official Code of Georgia Annotated, relating to the motor fuel tax generally, is amended by adding to the end thereof a new subsection (d) to read as follows:
'(d) Motor fuel which contains not less than 5 percent ethanol is exempt from the first 3<t per gallon excise tax imposed by paragraph (1) of subsection (a) of this Code section.'"

On the adoption of the amendment offered by Senator McGill of the 24th to the substi tute to HB 191 offered by the Senate Committee on Banking and Finance, the yeas were 37, nays 0, and the amendment was adopted.

On the adoption of the substitute, the yeas were 40, nays 5, 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 Bowen Brannon Broun of 46th Brown of 47th Bryant Burton Coleman Crumbley Dawkins Dean Echols Edge

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

McGill McKenzie Newbill Olmstead Perry Phillips Ragan Scott of 2nd Scott of 36th Shumake Tate Timmons Tolleson Turner Tysinger Walker

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Those voting in the negative were Senators:

Barnes Deal

Peevy Ray

Starr Stumbaugh

Not voting was Senator Coverdell.

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

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

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

HB 516. By Representative Colbert of the 23rd:
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.
Referred to Committee on Consumer Affairs.

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

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 House substitute to SB 254 was as follows:

A BILL
To be entitled an Act 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; to provide for the terms and conditions under which a credit card bank may be or ganized, owned, and controlled; to provide that in connection with a credit card account a domestic lender or credit card bank may impose such finance charges, interest rates, charges for cash advances, overlimit charges, late fees, or delinquency charges, premiums on credit life and credit accident and health insurance, annual fees, and such other charges and costs and may provide in the credit card agreement such other terms and conditions, as the lender and the debtor may agree to from time to time; to provide that all credit card banks organized under the laws of this state shall be subject to the supervision, regulation, and examination of the Department of Banking and Finance; to authorize the department to exercise all of its enforcement powers with respect to credit card banks; to provide that the department may order credit card banks to cease all operations under certain conditions; to provide that the department may impose civil penalties for failure to abide by such order; to authorize the department to require divestiture of a credit card bank under certain condi tions; to authorize the department to promulgate rules and regulations; to provide that credit card banks shall be subject to all other banking laws except when any rights, powers, privileges, or provisions thereof are inconsistent with the rights, powers, privileges, provi sions, or limitations of Chapter 5 of Title 7; to provide that a credit card bank shall not be considered a bank for the purpose of certain banking laws; to provide for editorial revisions;

THURSDAY, FEBRUARY 26, 1987

1195

to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, is amended by striking Chapter 5 of said title, known as "The Lender Credit Card Act," in its entirety and substituting in lieu thereof a new Chapter 5 to read as follows:
"CHAPTER 5
7-5-1. This chapter shall be known and may be cited as 'The Credit Card and Credit Card Bank Act.'
7-5-2. As used in this chapter, the term:
(1) 'Affiliate' means the same as that set forth in paragraph (1) of Code Section 7-1-4.
(2) 'Commissioner' and 'department' shall have the meanings provided in paragraphs (13) and (16) of Code Section 7-1-4.
(3) 'Credit card' means any type of arrangement or loan agreement pursuant to which a domestic lender or credit card bank gives a debtor the privilege of using a credit card or other credit confirmation or device of any type in transactions out of which debt arises:
(A) By the domestic lender or credit card bank honoring a draft or similar order for the payment of money created, authorized, issued, or accepted by the debtor; or
(B) By the domestic lender or credit card bank paying or agreeing to pay the debtor's obligation.
(4) 'Credit card account' means an arrangement between a domestic lender or credit card bank and a debtor for the creation of debt pursuant to a credit card and under which:
(A) The domestic lender or credit card bank may permit the debtor to create debt from time to time;
(B) The unpaid balance of principal of such debt and the loan, finance, or other appro priate charges are debited to an account;
(C) A loan finance charge is computed or an interest rate imposed upon the outstanding balances of the debtor's account from time to time; and
(D) The domestic lender or credit card bank is to render bills or statements to the debtor at regular intervals, the amount of which bills or statements is payable by and due from the debtor on a specified date as stated in such bill or statement or, at the option of the debtor, but subject to the terms and conditions of the credit card account, may be paid by the debtor in installments.
(5) 'Credit card bank' means a national bank located in this state or a bank organized under the laws of this state which, in either event, the activities of which are limited to those permitted under Code Section 7-5-3.
(6) 'Domestic lender' means any bank, savings and loan association, savings bank, credit union, or other business organization organized or chartered under the laws of this state or the United States, which in any event is authorized by law to accept deposits and make loans and has its principal place of business in this state.
(7) 'Foreign lender' means any bank, savings and loan association, savings bank, credit union, or other business organization organized or chartered under the laws of the United States, or any state other than this state, or the District of Columbia, which in any event is authorized by law to accept deposits and make loans and has its principal place of business outside this state.
(8) 'Holding company' means any company that controls a domestic or foreign lender. The term 'company' and 'control' shall have the meanings set forth in Code Section 7-1-605.

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(9) 'Qualifying organization" means a corporation, partnership, or other entity which at all times maintains an office in the State of Georgia at which it employs at least 250 persons residing in this state which are directly engaged in providing the following services, either for the qualifying organization or on behalf of other domestic or foreign lenders or credit card banks:
(A) The distribution of credit cards or other devices designed and effective to access credit card accounts;
(B) The preparation of periodic statements of amounts due under credit card accounts;
(C) The receipt from credit card holders of amounts paid on or with respect to such accounts; and
(D) The maintenance of financial records reflecting the status of such accounts from time to time.
The term 'qualifying organization' shall also include any domestic bank and credit card bank satisfying the employment and activities requirements set forth in this paragraph.
7-5-3. Subject to the provisions of this chapter and to the approval of the commissioner, any domestic lender, foreign lender, or holding company may organize, own, and control a credit card bank on the terms and conditions provided in this Code section:
(1) If the credit card bank is to be organized under the laws of this state, such bank shall be organized as provided in Part 8 of Article 2 of Chapter 1 of this title;
(2) In connection with the application to organize, or to own and control a credit card bank, the applicant shall pay a filing fee of $15,000.00 to the department;
(3) The shares of a credit card bank shall be owned solely by a domestic lender, a foreign lender, or a holding company;
(4) The credit card bank shall conduct its business only from a single location in this state;
(5) The credit card bank shall at all times maintain capital stock and paid-in surplus as required by regulatory policies of the department but in no event less than $2 million;
(6) The credit card bank may only engage in the business of soliciting, processing, and making loans pursuant to credit card accounts and conducting such other activities as may be necessary incidents thereto;
(7) The credit card bank may accept deposits only from affiliates of the credit card bank having their principal places of business outside of this state;
(8) The credit card bank must operate in a manner that is not likely to attract custom ers from the general public in this state to the substantial detriment of other domestic lenders;
(9) The credit card bank shall have, within one year of the date it commences opera tions, no fewer than 50 employees located in this state devoted to its credit card activities; provided, however, where the credit card bank contracts with a qualifying organization for the performance of services incidental to offering credit card activities, the minimum num ber of employees in this state shall be determined by the commissioner at a level to assure the continued and substantive presence of the credit card bank in this state for the purpose of conducting its corporate affairs and performing the credit underwriting function and such other activities not subject to contract with the qualifying organization as may be incidental to its servicing of credit card accounts; and
(10) A domestic lender is not required to establish a credit card bank to issue credit cards and create credit card accounts.
7-5-4. Notwithstanding the provisions of any other law, in connection with a credit card account a domestic lender or credit card bank may impose such charges for cash advances, overlimit charges, late fees or delinquency charges, premiums on credit life and credit acci-

THURSDAY, FEBRUARY 26, 1987

1197

dent and sickness insurance, annual fees and such other charges and costs and may provide in the credit card agreement such other terms and conditions as the lender or bank and the debtor may agree from time to time. Further, in addition to and apart from the charges and fees set forth above, in connection with a credit card account a domestic lender or credit card bank may impose such finance charges and interest rates as the lender or bank and the debtor may from time to time agree, subject only to the provisions of Code Sections 7-4-4 and 7-4-18. In the event a lender desires to modify in any respect any portion of the credit card account, it shall first provide at least 30 days' prior written notice of such modification. In providing such notice, the lender shall notify the debtor in writing that the debtor has the right to surrender the credit card whereupon the debtor shall have the right to continue to pay off his credit card account in the same manner and under the same terms and condi tions as then in effect. The failure to surrender the card within the 30 day period shall constitute a consent to the modification.
7-5-5. (a) All credit card banks organized under the laws of this state shall be subject to the supervision, regulation, and examination of the department, and the department shall have all enforcement powers with respect thereto as are provided in Chapter 1 of this title.
(b) In the event any credit card bank does not conduct its activities within the limita tions provided in Code Section 7-5-3, the department may require such credit card bank to cease all unauthorized activities. In the event such credit card bank fails to abide by such order, the department may in addition to all other rights, remedies, and powers it may have under Chapter 1 of this title:
(1) Impose upon the credit card bank or its parent holding company or domestic lender or foreign lender a penalty of up to $10,000.00 per day for each day such order is violated; and
(2) Require divestiture of such credit card bank by any domestic lender, foreign lender, or holding company not qualified to acquire such credit card bank on the date it ceased to operate within the limitations imposed by Code Section 7-5-3 and became a 'bank' for pur poses of Part 18 or Part 19 of Article 2 of Chapter 1 of this title.
(c) The department shall have the power to promulgate rules and regulations imple menting the provisions of this chapter.
7-5-6. (a) A credit card bank shall be subject to the provisions of Chapter 1 of this title except when any rights, powers, privileges, or provisions of Chapter 1 of this title are incon sistent with the rights, powers, privileges, provisions, or limitations of this chapter.
(b) A credit card bank shall not be considered a 'bank' for the purposes of Part 18 or Part 19 of Article 2 of Chapter 1 of this title; provided, however, every domestic lender, foreign lender, or holding company owning a credit card bank shall be subject to the provi sions of Code Section 7-1-607."
Section 2. Said title is further amended by striking subsection (c) of Code Section 7-4-2, relating to the legal rate of interest and the maximum rate of interest generally, in its en tirety and substituting in lieu thereof a new subsection (c) to read as follows:
"(c) Nothing contained in this Code section shall be construed to amend or modify the provisions of the 'Georgia Industrial Loan Act,' the 'Retail Installment and Home Solicita tion Sales Act,' 'The Credit Card and Credit Card Bank Act,' the 'Insurance Premium Fi nance Company Act,' Part 5 of Article 3 of Chapter 12 of Title 44, relating to pawnbrokers, and, except as provided in Code Section 7-4-3, the 'Motor Vehicle Sales Finance Act.' "
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 Hudgins of the 15th moved that the Senate agree to the House substitute to SB 254.

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Brown of 47th Bryant Burton Dawkins Deal Dean Echols

Edge Engram Fincher Foster Gillis Harris Harrison Howard Hudgins Huggins Kennedy Kidd McGill McKenzie

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

Voting in the negative was Senator Peevy.

Those not voting were Senators:

Broun of 46th Coleman Coverdell Crumbley

English Garner Hine Land

Langford Phillips Shumake Walker

On the motion, the yeas were 42, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 254.

Senator Crumbley of the 17th introduced the doctor of the day, Dr. Joseph Blissett, of McDonough, Georgia.

Senator Kidd of the 25th moved that the following bill of the House, passed previously today, be immediately transmitted to the House:

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 31, nays 0; the motion prevailed, and HB 202 was imme diately transmitted to the House.

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 119. By Senator Harrison of the 37th: A resolution creating the Organ Donor and Transplant Study Committee.

The Senate Committee on Rules offered the following amendment:

THURSDAY, FEBRUARY 26, 1987

1199

Amend SR 119 by striking from line 23 of page 2 the following: "December 1,", and inserting in lieu thereof the following: "December 15,".

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

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes
B^rraynan"ton Burton Crumbley Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Gillis "arris
5Hmame son Huggins Kennedy Kidd Land McGill McKenzie Newbill

Olmstead Peevy Perry Ragan
Scott of 2nd
Sc c, ott o.f 36th Shumake Starr Stumbaugh
Timmons Tolleson Turner

Those not voting were Senators:

Broun of 46th Brown of 47th Coleman Coverdell

Garner Howard Hudgins Langford

Phillips Tysinger Walker

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

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

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

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 Brannon

Brown of 47th Bryant Burton

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JOURNAL OF THE SENATE

Crumbley Deal Dean Echols Edge EFinngcrhaemr
Foster Gillis Harris Harrison Hine

Howard Huggins Kennedy Kidd Land MMccGKielnl zie
Newbill Olmstead Peevy Perry Ragan

Ray Scott of 2nd Scott of 36th Shumake Starr cSt. umb, augh,
late Timmons Tolleson Turner Ty singer

Those not voting were Senators:

Barker Broun of 46th Coleman Coverdell

Dawkins English Garner Hudgins

Langford Phillips Walker

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

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

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

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.
Senate Sponsor: Senator Kidd of the 25th.

The Senate Committee on Governmental Operations offered the following substitute to HB 165:

A BILL
To be entitled an Act to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to change certain provisions relating to the creation of joint boards of elections and joint boards of elections and registrations; to provide for certain election functions which may be performed by counties; to provide that if the death or dis qualification of a candidate after nomination for any public office, except an office filled by a nonpartisan primary, would at the time of such event result in there being no candidate for that office on the ballot in the general election, then the vacancy shall be filled by a special primary which shall be open only to the party of such deceased or disqualified candidate and the office shall be filled by a special election as provided in Code Section 21-2-540; to change certain provisions relating to municipal authorization of counties to conduct certain municipal elections; to provide for certain election functions which may be performed by counties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by striking Code Section 21-2-45, relating to creation of joint boards of elections and boards of elections and registrations, which reads as follows:
"21-2-45. (a) The General Assembly may by local Act create a joint county-municipal

THURSDAY, FEBRUARY 26, 1987

1201

board of elections in any county of this state for that county and any municipality located wholly or partially within that county and empower the board with the powers and duties of the election superintendent of that county and municipality with regard to the conduct of primaries and elections.
(b) The General Assembly may by local Act create a joint county-municipal board of elections and registration in any county of this state for that county and any municipality located wholly or partially within that county and empower the board with the powers and duties of the election superintendent of that county and municipality with regard to the conduct of primaries and elections and empower the board with the powers and duties of the registrars and board of registrars of that municipality and county with regard to the registration of voters and absentee-balloting procedures.",
and inserting in its place a new Code Section 21-2-45 to read as follows:
"21-2-45. The governing authority of any municipality may authorize any county within which that municipality wholly or partially lies to conduct any or all elections held pursuant to this chapter. In the event a municipality shall by ordinance authorize such county to conduct elections, such municipality may request such county to perform any or all of the functions:
(1) That the county shall perform all duties as superintendent of elections as specified under Chapter 3 of this title;
(2) That the county shall perform all duties as superintendent of elections as specified under Chapter 3 of this title, with the exception of the qualification of candidates; or
(3) That the county shall lease or loan any or all of its election equipment to the munic ipality for the purpose of conducting municipal elections without any responsibility on the part of the county for the actual conduct of the municipal election.
With reference to any election, such municipality shall pay such county all costs incurred in performing those functions which the municipality has requested the county to perform; and, unless otherwise authorized, such county shall only perform those functions specifically enumerated in the contract. Such county shall have authority to conduct elections in any and all counties in which any part of such municipality may lie."
Section 2. Said title is further amended by striking subsection (d) of Code Section 21-2134, relating to the filling of vacancies in party nominations caused by the death or disquali fication of candidates, and inserting in its place a new subsection (d) to read as follows:
"(d) If the death or disqualification of a candidate after nomination for any public of fice, except an office filled by a nonpartisan primary, would at the time of such event result in there being no candidate for that office on the ballot in the general election, then the vacancy shall be filled by a special primary which shall be open only to the party of such deceased or disqualified candidate and the office shall be filled by a special election as pro vided in Code Section 21-2-540."
Section 3. Said title is further amended by striking subsection (a) of Code Section 21-310, relating to authorization of certain counties to conduct certain municipal elections, and inserting in its place a new subsection (a) to read as follows:
"(a) The governing authority of any municipality may authorize any county within which that municipality wholly or partially lies to conduct any or all elections held pursuant to this chapter. In the event a municipality shall by ordinance authorize such county to conduct elections, such municipality may request such county to perform any or all of the functions:
(1) That the county shall perform all duties as superintendent of elections as specified under this chapter;
(2) That the county shall perform all duties as superintendent of elections as specified under this chapter, with the exception of the qualification of candidates; or
(3) That the county shall lease or loan any or all of its election equipment to the munic-

1202

JOURNAL OF THE SENATE

ipality for the purpose of conducting municipal elections without any responsibility on the part of the county for the actual conduct of the municipal election.
With reference to any election, such municipality shall pay such county all costs incurred in performing those functions which the municipality has requested the county to perform; and, unless otherwise authorized, such county shall only perform those functions specifically enumerated in the contract. Such county shall have authority to conduct elections in any and all counties in which any part of such municipality may lie."
Section 4. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, Senator Land of the 16th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Bowen Brown of 47th Bryant Coleman Crumbley Dawkins Deal Dean

Echols English Fincher Foster Gillis Harris Howard Huggins Kidd McGill Olmstead

Peevy Perry Ragan Ray Scott of 2nd Scott of 36th Shumake Starr Tate Timmons Turner

Those voting in the negative were Senators:

Albert Burton Edge Harrison

Mine Land Newbill

Phillips Tolleson Tysinger

Those not voting were Senators:

Brannon Broun of 46th Coverdell Engram

Garner Hudgins Kennedy (presiding) Langford

McKenzie Stumbaugh Walker

On the adoption of the substitute, the yeas were 34, nays 10, 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 Brown of 47th Bryant Coleman

Crumbley Dawkins Deal Echols

THURSDAY, FEBRUARY 26, 1987

1203

English Engram
Fincher
*G0il,sl,ties r Harris Howard Huggins

Kidd McGill
McKenzie Olmstead
Peevy Perry Ragan

Ray Scott of 2nd Scott of 36th Shumake Starr Tate Turner

Those voting in the negative were Senators:

Albert Burton Edge Harrison

Hine Land Newbill

Phillips Tolleson Tysinger

Those not voting were Senators:

Brannon Broun of 46th Coverdell Dean

Garner Hudgins Kennedy (presiding) Langford

Stumbaugh Timmons Walker

On the passage of the bill, the yeas were 34, nays 10.

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

Senator Kidd of the 25th moved that HB 165 be immediately transmitted to the House.

On the motion, Senator Kennedy of the 4th, President Pro Tempore, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert
Allgood
Baldwin Barker Barnes

English
Engram
Fincher Foster Gmis

BBrawnennon Brown of 47th Bryant Coleman
Crumbley
Dawkins Deal
Echols

H,.arris " arrlson TMne , Howard
Huggins
Kidd Land
McGill

McKenzie Olmstead Peevy Perry Ragan Ray Scott of 2nd Scott of 36th Shumake Starr Tate Turner Tysinger

Those voting in the negative were Senators:

Burton Edge

Phillips

Tolleson

Those not voting were Senators:

Broun of 46th Coverdell Dean Garner

Hudgins Kennedy (presiding) Langford Newbill

Stumbaugh Timmons Walker

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JOURNAL OF THE SENATE

On the motion, the yeas were 40, nays 4; the motion prevailed, and HB 165 was imme diately transmitted to the House.

SR 138. By Senator Edge of the 28th: A resolution setting forth and expressing the declared rights of victims of crime.

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 Brown of 47th Bryant Burton Coleman Crumbley Dawkins Deal Dean

Echols Edge English Engram Fincher Foster Gillis Harris Harrison Hine Howard Huggins Kidd Land McGill

Those not voting were Senators:

McKenzie Newbill Olmstead Perry Phillips Ragan Ray Scott of 2nd Scott of 36th Shumake Starr Tate Tolleson Turner

Broun of 46th Coverdell Garner Hudgins

Kennedy (presiding) Langford Peevy Stumbaugh

Timmons Tysinger Walker

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

THURSDAY, FEBRUARY 26, 1987

1205

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

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.
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
Brown of 47th Bryant Burton Coleman Crumbley Dawkins Deal Echols Edge

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

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

Those not voting were Senators:

Bowen Broun of 46th Coverdell Dean

Garner Hudgins Kennedy (presiding)

Langford Timmons Walker

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

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

HB 562. By Representative McDonald of the 12th: A bill to provide for the Department of Labor a supplemental appropriation. Senate Sponsor: Senator Starr of the 44th.

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

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

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JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bwen o rannnf A ^ Brown of 47th Bryant Burton Coleman
Crumbley Dawkins Deal
Echols Edge

English

Engram

Fincher

Foster

Gillis

Harris

u arnS n

Hine

Howard

'

Huggins

Kidd

Land McGill McKenzie Newbill Olmstead

Peevy Perry Phillips Ragan j^ay Scott of 2nd Scott of 36th ,,, , Shumake btarr Stumbaugh
Tate Timmons Tolleson
Turner Tysinger

Those not voting were Senators:

Broun of 46th Coverdell Dean

Garner Hudgins Kennedy (presiding)

Langford Walker

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

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

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.
Senate Sponsor: Senator Starr of the 44th.

The Senate Committee on Appropriations offered the following substitute to HB 647:

A BILL
To be entitled an Act 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 and to provide loans to counties, municipal corporations, political subdivisions, local authorities, and other local government entities for water or sewerage facilities or systems; to provide that public debt may be incurred for the purpose of providing public library facilities for county and independent school systems and other governmental entities and for the purpose of providing loans to counties, municipal corporations, political subdivisions, local authori ties, and other local governmental entities for water or sewerage facilities or systems; to permit the investment of general obligation bond proceeds in certain unit investment trusts and mutual funds; to provide that the Georgia Environmental Facilities Authority shall be responsible for the application and investment of the proceeds and the investment earnings

THURSDAY, FEBRUARY 26, 1987

1207

of general obligation debt issued for the purpose of making loans to local governments for water and sewerage facilities; to provide that the Georgia Environmental Facilities Author ity shall contract with the Georgia State Financing and Investment Commission for the investment of bond proceeds or the income therefrom in investments permitted to the Geor gia Environmental Facilities Authority or to the Georgia State Financing and Investment Commission; to clarify existing law; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 17 of Title 50 of the Official Code of Georgia Annotated, the "Georgia State Financing and Investment Commission Act," is amended by striking par agraph (5) of Code Section 50-17-21, relating to the definition of terms used in said Act, and inserting in its place a new paragraph (5) to read as follows:
"(5) 'General obligation debt' means obligations of this state issued pursuant to this article to acquire, construct, develop, extend, enlarge, or improve land, waters, property, highways, buildings, structures, equipment, or facilities of the state, its agencies, depart ments, institutions, and those state authorities which were created and activated prior to the amendment to Article VII, Section VI, Paragraph I(a) of the Constitution of 1945, adopted November S, 1960, for which the full faith, credit, and taxing power of the state are pledged for the payment thereof. 'General obligation debt* also means obligations of this state issued to provide educational facilities for county and independent school systems and to provide public library facilities for county and independent school systems, counties, mu nicipalities, and boards of trustees of public libraries or boards of trustees of public library systems. 'General obligation debt' further means debt incurred to make loans to counties, municipal corporations, political subdivisions, local authorities, and other local governmen tal entities for water or sewerage facilities or systems."
Section 2. Said article is further amended by striking paragraph (3) of subsection (b) of Code Section 50-17-24, relating to the purposes for which the Georgia State Financing and Investment Commission may incur public debt, and inserting in its place a new paragraph (3) to read as follows:
"(3) Public debt for public purposes may be either general obligation debt or guaran teed revenue debt. General obligation debt may be incurred by issuing obligations to ac quire, construct, develop, extend, enlarge, or improve land, waters, property, highways, buildings, structures, equipment, or facilities of the state, its agencies, departments, institu tions, and those state authorities which were created and activated prior to the amendment adopted November 8, 1960, to Article VII, Section VI, Paragraph I(a) of the Constitution of 1945. General obligation debt may also be incurred to provide educational facilities for county and independent school systems and to provide public library facilities for county and independent school systems, counties, municipalities, and boards of trustees of public libraries or boards of trustees of public library systems. General obligation debt may also be incurred in order to make loans to counties, municipal corporations, political subdivisions, local authorities, and other local governmental entities for water or sewerage facilities or systems. It shall not be necessary for the state or a state authority to hold title to or other wise be the owner of such facilities or systems. General obligation debt for these purposes may be authorized and incurred for administration and disbursement by a state authority created and activated before, on, or after November 8, 1960. Guaranteed revenue debt may be incurred by guaranteeing the payment of revenue obligations issued by an instrumental ity of the state if such revenue obligations are issued to finance toll bridges, toll roads, or any other land public transportation facilities or systems, or water or sewage treatment fa cilities or systems, or to make or purchase, or lend or deposit against the security of, loans to citizens of the state for educational purposes; provided, however, that in no event shall general obligation debt or guaranteed revenue debt be incurred for water or sewage treat ment facilities or systems for counties or municipalities unless such facilities are financed in whole or in part through an instrumentality of the state created by the General Assembly for the purpose of assisting the state, counties, or municipalities in the financing of water or

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JOURNAL OF THE SENATE

sewage treatment facilities or systems for the benefit of the citizens of Georgia. General obligation debt or guaranteed revenue debt may be incurred to fund or refund any such debt or to fund or refund any obligations issued upon the security of contracts to which the second paragraph of Article IX, Section VI, Paragraph I(a) of the Constitution of Georgia of 1976 is applicable."
Section 3. Said article is further amended by striking subsection (b) of Code Section 5017-27, relating to proceeds of public debt, and inserting in its place a new subsection to read as follows:
"(b) Proceeds received from the sale of bonds evidencing general obligation debt shall be held in trust by the commission and disbursed promptly by the commission in accor dance with the original purpose set forth in the authorization of the General Assembly and in accordance with rules and regulations established by the commission. Bond proceeds and other proceeds held by the commission shall be as fully invested as is practical, consistent with the proper application of such proceeds for the purposes intended. Investments shall be limited to general obligations of the United States or of subsidiary corporations of the United States government fully guaranteed by such government, or to obligations issued by the Federal Land Bank, Federal Home Loan Bank, Federal Intermediate Credit Bank, Bank for Cooperatives, Federal Farm Credit Banks, or to tax exempt obligations issued by any state, county, municipal corporation, district, or political subdivision, or civil division or public instrumentality of any such government or unit of such government, or to the units of any unit investment trusts the assets of which are exclusively invested in obligations of the type described above, or to the shares of any mutual fund the investments of which are limited to securities of the type described above and distributions from which are treated for federal income tax purposes in the same manner as the interest on said obligations, provided that at the time of investment such obligations or the obligations held by any such unit investment trust or the obligations held or to be acquired by any such mutual fund are limited to obligations which are rated within one of the top two rating categories of any nationally recognized rating service or any rating service recognized by the commissioner of banking and finance, and no others. Income earned on any such investments or otherwise earned by the commission shall be retained by the commission and used to purchase and retire any public debt or any bonds or obligations issued by any public agency, public corpo ration, or authority which are secured by a contract to which the second paragraph of Arti cle IX, Section VI, Paragraph I(a) of the Constitution of Georgia of 1976 is applicable and may be used to pay operating expenses of the commission."
Section 4. Said article is further amended by adding at the end of Code Section 50-1727, relating to proceeds of public debt, a new subsection (c) to read as follows:
"(c) Notwithstanding subsections (a) and (b) of this Code section, the Georgia Environ mental Facilities Authority shall be the state authority responsible for the proper applica tion of the proceeds of public debt issued under this article for the purpose of making loans to counties, municipal corporations, political subdivisions, local authorities, and other local governmental entities for water or sewerage facilities or systems. Proceeds from the sale of such bonds shall be paid to the authority, which shall hold them in trust for their original purposes as set forth in the authorization of the General Assembly, as provided by law and in accordance with the rules and regulations established by the authority. Bond proceeds held by the authority shall be as fully invested as is practicable, consistent with the proper application of such proceeds for the purposes intended, and the authority shall contract with the Georgia State Financing and Investment Commission for the purpose of investing any such bond proceeds and the income therefrom. Investments shall be limited to those permitted to the authority or the Georgia State Financing and Investment Commission in the laws providing for their creation and activities. Income earned on any such investments of bond proceeds or the income therefrom shall be retained by the authority and used by it for its public purposes as provided by law."
Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

THURSDAY, FEBRUARY 26, 1987

1209

Section 6. 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 Brown of 47th Bryant Burton Coleman Crumbley Dawkins Deal Dean Echols

English Engram Fincher Foster Gillis Harris Hine Howard Huggins Kidd Land McKenzie Newbill Olmstead

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

Those not voting were Senators:

Bowen Broun of 46th Coverdell Edge

Garner Harrison Hudgins Kennedy (presiding)

Langford McGill Shumake Walker

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

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

HB 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.
Senate Sponsors: Senators Shumake of the 39th and Barnes of the 33rd.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes

Bowen Brannon Brown of 47th Burton Coleman

Crumbley Dawkins Deal Dean Echols

1210

JOURNAL OF THE SENATE

Edge English Engram Foster Gillis Harris Hine Howard Huggins

Kidd Land McGill McKenzie Newbill Olmstead Peevy Phillips

Ragan Ray Scott of 2nd Scott of 36th Stumbaugh Tate Tolleson Turner

Voting in the negative was Senator Tysinger.

Those not voting were Senators:

Broun of 46th Bryant Coverdell Fincher Garner

Harrison Hudgins Kennedy (presiding) Langford Perry

Shumake Starr Timmons Walker

On the passage of the bill, the yeas were 40, nays 1.

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

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.

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

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

Echols Edge English Engram Fincher Foster Gillis Harris Harrison Hine Howard Huggins Kidd Land

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

Those not voting were Senators:

Broun of 46th Brown of 47th Coverdell Garner Hudgins

Kennedy (presiding) Langford McGill Perry

Shumake Starr Timmons Walker

THURSDAY, FEBRUARY 26, 1987

1211

On the passage of the bill, the yeas were 42, nays 0.

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

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.
Senate Sponsor: Senator Kidd of the 25th.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes
Bwen
RBBrroyawnannntnoff 4,77*tKh Burton Coleman Crumbley Dawkins Deal Dean

Echols Edge English Engram Fincher
Foster
GH.i.alrl.irsls Harrison Howard Huggins Kidd Land McGill

McKenzie Newbill Olmstead Peevy Perry
Phillips
RRr> aaygan Scott of 2nd Scott of 36th Tate Tolleson Turner Tysinger

Those not voting were Senators:

Broun of 46th Coverdell Garner Hine

Hudgins Kennedy (presiding) Langford Shumake

Starr Stumbaugh Timmons Walker

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

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

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.
Senate Sponsor: Senator Burton of the 5th.

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

Amend HB 141 by striking from the title beginning on line 6 of page 1 the following:
"to provide exceptions;".
By striking from Section 1 beginning on line 1 of page 2 the following:
", unless a medical doctor determines that the child should not be returned at that time".

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 Bowen Brannon
Brown of 47th Bryant Burton Coleman Crumbley Dean Echols Edge

English Engram Fincher Foster Gillis Harris Harrison Hine Howard Huggins Kidd Land McGill McKenzie

Newbill Olmstead Perry Phillips Ray Scott of 2nd Scott of 36th Shumake Stumbaugh Tate Tolleson Turner Tysinger

Those voting in the negative were Senators:

Barnes

Deal

Dawkins

Peevy

Those not voting were Senators:

Broun of 46th Coverdell Garner Hudgins

Kennedy (presiding) Langford Ragan

Starr Timmons Walker

On the passage of the bill, the yeas were 41, nays 4.

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

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

THURSDAY, FEBRUARY 26, 1987

1213

ethics in government, so as to correct typographical, stylistic, and other errors and omissions in Chapter 5 of Title 21.
Senate Sponsor: Senator Barnes of the 33rd.

Senator Garner of the 30th moved that the amendment offered by Senator Newbill of the 56th be printed.

Senator Barnes of the 33rd moved that HB 187 be postponed until Monday, March 2.

On the motion offered by Senator Barnes of the 33rd, which motion takes precedence, the yeas were 36, nays 0; the motion prevailed, and HB 187 was postponed until Monday, March 2.

HR 11. By Representative Oliver of the 121st: A resolution compensating Mr. Ray R. Hodges in the sum of $4,692.74. Senate Sponsor: Senator Dean of the 31st.

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

The resolution, involving an appropriation, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Brown of 47th Bryant Burton Coleman Dawkins Dean Echols English

Engram Fincher Foster Garner Gillis Harris Harrison Hine Howard Hugging Kidd Land McGill McKenzie Newbill

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

Those not voting were Senators:

Broun of 46th Coverdell Crumbley Deal

Edge Hudgins Kennedy (presiding) Langford

Starr Timmons Walker

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

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

HR 17. By Representative Cooper of the 20th: A resolution compensating Mr. Matthew Paul Mobley in the sum of $1,064.31. Senate Sponsor: Senator Dean of the 31st.

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

The resolution, involving an appropriation, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen
n Brown,of 4,,,,7thu Bryant Burton Coleman
Dawkins Dean
Echols English

Engram Fincher Foster Garner Gillis Harris
Hme Howard Huggins Kidd
Land McGill McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan
SSccootttt ooff 326ndth
f umake Stumbaugh Tate Tolleson Turner Tysinger

Those not voting were Senators:

Broun of 46th Coverdell Crumbley Deal

Edge Hudgins Kennedy (presiding) Langford

Starr Timmons Walker

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

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

HR 42. By Representative Yeargin of the 14th: A resolution compensating Mr. Mickey Palmer in the sum of $1,227.00. Senate Sponsor: Senator Dean of the 31st.

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

The resolution, involving an appropriation, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Brown of 47th Bryant Burton

Coleman Dawkins Dean Echols English Engram Fincher Foster Garner Gillis

Harris Harrison Hine Howard Huggins Kidd Land McGill McKenzie Newbill

THURSDAY, FEBRUARY 26, 1987

1215

Olmstead Peevy Perry Phillips
Ragan

Ray Scott of 2nd Scott of 36th Shumake
Stumbaugh

Tate Tolle8on
Turner Tysinger

Those not voting were Senators:

Broun of 46th Coverdell Crumbley Deal

Edge Hudgins Kennedy (presiding) Langford

Starr Timmons Walker

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

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

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.
Senate Sponsor: Senator Scott of the 2nd.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Barker Barnes Bowen Brown of 47th Bryant Burton Coleman Dawkins Dean Echols

English Engram Fincher Gillis Harris Hine Howard Kidd Land McGill McKenzie Olmstead

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

Those voting in the negative were Senators:

Baldwin Brannon

Edge Foster

Garner Huggins

Those not voting were Senators:

Broun of 46th CCoruvmerbdleelyl
Harrison

Hudgins Kennedy (presiding) Langford Newbill

Starr Timmons Tolleson Walker

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JOURNAL OF THE SENATE

On the passage of the bill, the yeas were 36, nays 6.

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

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.

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 Brown of 47th Bryant Burton Coleman Dawkins Dean Echols

Edge English Engram Fincher Foster Garner Gillis Hine Howard Huggins Kidd Land McGill

McKenzie Olmstead Peevy Perry Phillips Ray Scott of 2nd Scott of 36th Shumake Stumbaugh Tate Turner Tysinger

Those not voting were Senators:

Broun of 46th Coverdell Crumbley Deal Harris

Harrison Hudgins Kennedy (presiding) Langford Newbill

Ragan Starr Timmons Tolleson Walker

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

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

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.

The Senate Committee on Public Safety offered the following amendment: Amend SB 90 by adding on line 4 of page 1 after the following: "buses;", the following: "to provide an effective date;".

THURSDAY, FEBRUARY 26, 1987

1217

By adding between line 22 and line 23 of page 1 the following:
"Section 2. This Act shall become effective January 1, 1988."
By striking from line 23 of page 1 the number "2" and inserting in lieu thereof the number "3".

On the adoption of the amendment, the yeas were 33, nays 0, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen Brannon Brown of 47th Bryant Burton Coleman Dawkins Dean Echols

English Engram Fincher Foster Gillis Harris Hine Howard Huggins Kidd Land McGill

McKenzie Olmstead Peevy Perry Phillips Ragan Ray Scott of 2nd Scott of 36th Shumake Stumbaugh Turner

Voting in the negative were Senators Edge and Garner.

Those not voting were Senators:

Barker Broun of 46th Coverdell Crumbley Deal Harrison

Hudgins Kennedy (presiding) Langford Newbill Starr

Tate Timmons Tolleson Tysinger Walker

On the passage of the bill, the yeas were 37, nays 2.

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

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 328, adopted previ ously, until 10:00 o'clock A.M. on Monday, March 2.

The motion prevailed, and the Senate stood in recess from 1:30 o'clock P.M. until 5:00 o'clock P.M. at which time the Senate stood adjourned pursuant to HR 328, adopted previ ously, until 10:00 o'clock A.M. on Monday, March 2.

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JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Monday, March 2, 1987
Thirty-third Legislative Day
The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.
Senator Barker of the 18th reported that the Journal of the proceedings of Thursday, February 26 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 1000. By Representatives Moody of the 153rd and Byrd of the 153rd: A bill to amend an Act providing a new charter for the City of Baxley, so as to change the corporate limits of the city.
HB 1002. By Representative Crawford of the 5th: A bill to amend an Act consolidating the laws chartering the City of Summerville in Chattooga County and granting a new charter for said city, so as to change the corporate limits of the City of Summerville.
HB 1004. By Representative Watts of the 41st: A bill to amend an Act placing the clerk of the superior court, the sheriff, the ordinary, and the coroner of Paulding County on a salary basis in lieu of a fee basis, so as to change the compensation of the coroner.
HB 1005. By Representative Watts of the 41st: A bill to amend an Act creating the board of commissioners of Paulding County, so as to change the compensation of the chairman of the board of commissioners.
HB 1006. By Representatives Dixon of the 151st and Crosby of the 150th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to the creation of the Charlton County Development Authority and provisions for its powers, author ity, funds, purposes, and procedures.
HB 1007. By Representatives Dixon of the 151st and Crosby of the 150th: A bill to amend an Act creating the board of commissioners for Charlton County, so as to provide for the election of members of the board from districts by the residents of such districts.
HB 1012. By Representative Reaves of the 147th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Echols County Development Authority.

MONDAY, MARCH 2, 1987

1219

HB 1013. By Representative Reaves of the 147th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing that effective January 1, 1979, the judge of the Probate Court of Echols County shall be also the judge of the County Court of Echols County and to provide for the compensation of said of ficer until otherwise provided by law.
HB 1014. By Representative Reaves of the 147th:
A bill to amend an Act reincorporating and providing a new charter for the City of Quitman in Brooks County, so as to change the composition of the municipal governing authority, known as the board of commissioners for the City of Quitman.
HB 1018. 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 creating the Cordele Office Building Authority.
HB 1019. By Representative Rainey of the 135th:
A bill to provide for the purposes of the Cordele Office Building Authority; to repeal specific Acts relating to the Cordele Office Building Authority.
HB 1033. By Representatives Johnson of the 123rd, Triplet! of the 128th, Mueller of the 126th, Alien of the 127th and Hamilton of the 124th:
A bill to create the Chatham County Law Enforcement and Jails Study Commission.
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.
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.
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.
HB 232. By Representatives Padgett of the 86th, Ransom of the 90th, Cheeks of the 89th, Brown of the 88th, Walker of the 85th and others:
A bill to amend Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, known as the "Statewide Probation Act", so as to provide that any county probation system, including any state court adult probation system, may become a part of the state-wide probation system.

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JOURNAL OF THE SENATE

HB 376. By Representative Richardson of the 52nd:
A bill to amend Article 1 of Chapter 1 of Title 47 of the Official Code of Georgia Annotated, regarding general provisions relating to retirement and pensions, so as to require that spouses who are designated as beneficiaries of certain publicly funded retirement, pension, and life insurance benefits be notified prior to changes in such designation.
HB 303. By Representative Reaves of the 147th:
A bill to amend Code Section 2-3-5 of the Official Code of Georgia Annotated, relating to the composition of the Georgia Agrirama Development Authority, so as to provide that members of the authority shall be entitled to be reimbursed for actual expenses, including travel and any other expenses, incurred while in the performance of their duties.
HB 797. By Representatives Lupton of the 25th and Hays of the 1st:
A bill to amend Chapter 3 of Title 30 of the Official Code of Georgia Annotated, relating to access to and use of governmental and public buildings and facilities by physically handicapped persons, so as to redefine terms; to change provisions relating to standards for buildings and facilities.
HB 840. By Representative Workman of the 51st:
A bill to amend Part 6 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to elevators, dumbwaiters, escalators, manlifts, and moving walks, so as to provide for standards of inspection; to provide that in spections shall cover hoistways, associated equipment rooms, and access thereto, and shall include lobby smoke detectors.
HB 968. By Representative Parham of the 105th:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change the listing of certain controlled substances and dangerous drugs.
HB 48. By Representative Ramsey of the 3rd:
A bill to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to limitations on the inspection of public records, so as to provide that investigation reports and intelligence data prepared by the internal investiga tions unit of any state agency shall be classified as confidential state secrets and privileged under law, unless declassified in writing by the commissioner or chief executive officer of such state agency; to provide an effective date.
HB 882. By Representatives Crosby of the 150th and Murphy of the 18th:
A bill to amend Code Section 49-4-6 of the Official Code of Georgia Annotated, relating to reserves, income, and resources to be disregarded in calculating public assistance benefits, so as to change provisions relating to disregarded income.
HB 263. By Representative Watson of the 114th:
A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to require a franchisor to honor the transfer of a dealership by or through sale, a gift, a will, or the laws of de scent and distribution, provided that the purchaser or successor meets the usual and customary conditions and requirements of a dealer as prescribed in writing by the franchisor.

MONDAY, MARCH 2, 1987

1221

HB 812. By Representatives Bannister of the 62nd, Barnett of the 59th, Wood of the 9th, Jackson of the 9th, Lawson of the 9th and others: A bill to amend Code Section 3-3-7 of the Official Code of Georgia Annotated, relating to local authorization and regulation of sales of alcoholic beverages on Sunday, so as to provide that the governing authorities of certain counties and municipalities may authorize the sale of alcoholic beverages during certain hours on Sundays.
HB 540. By Representatives Smyre of the 92nd, Benefield of the 72nd and Lawson of the 9th: A bill to amend Code Section 46-10-9 of the Official Code of Georgia Annotated, relating to the date on which the laws relating to the consumers' utility counsel shall be repealed, so as to change the date on which the laws relating to the consumers' utility counsel shall be repealed.
HB 916. By Representatives Murphy of the 18th, Walker of the 115th, Lee of the 72nd, Groover of the 99th and Edwards of the 112th: A bill to amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, so as to provide a short title; to provide a definition; to provide that it shall be unlawful to teach, train, or demonstrate to another person the use, application, or making of any illegal firearm, dangerous weapon, explosive, or incendiary device.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
SB 284. By Senators Langford of the 35th, Scott of the 36th and Newbill of the 56th: A bill to provide for the creation of one or more community improvement dis tricts in Fulton County and in each municipality therein except the City of At lanta; to provide for a short title; to provide for the purposes of the said districts; to provide for definitions; to provide for boards to administer said districts; to provide for appointment of members of said boards.
The House has adopted by the requisite constitutional majority the following resolu tions of the House:
HR 10. By Representative Richardson of the 52nd: A resolution creating the Joint Study Committee on Community Services for the Mentally Disabled.
HR 109. By Representatives Redding of the 50th, Robinson of the 58th, Richardson of the 52nd, Steinberg of the 46th, Williams of the 54th and others: A resolution creating the DeKalb County Government Study Commission.
HR 219. By Representatives Moore of the 139th, Mangum of the 57th, Dover of the llth, Athon of the 57th and Buck of the 95th: A resolution creating the Joint Educational Assessment Study Committee.
The House has agreed to the Senate amendments to the following bills of the House:
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

1222

JOURNAL OF THE SENATE

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 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.
The House has agreed to the Senate substitutes to the following bills of the House:
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 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 disagreed to the Senate substitutes to the following bills of the House:
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 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 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.
The House insists on its position in disagreeing to the Senate substitute, and has ap-

MONDAY, MARCH 2, 1987

1223

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 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.
The Speaker has appointed on the part of the House, Representatives Dover of the llth, Crosby of the 150th and Kilgore of the 42nd.
The following resolution of the Senate was introduced, read the first time and referred to committee:
SR 177. By Senators Crumbley of the 17th, Gillis of the 20th, Kennedy of the 4th and others:
A resolution honoring the life of Honorable Herman Eugene Talmadge and creat ing the Herman Eugene Talmadge Monument Commission. Referred to Committee on Rules.
The following bills and resolutions of the House were read the first time and referred to committees:
HB 48. By Representative Ramsey of the 3rd:
A bill to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to limitations on the inspection of public records, so as to provide that investigation reports and intelligence data prepared by the internal investiga tions unit of any state agency shall be classified as confidential state secrets and privileged under law, unless declassified in writing by the commissioner or chief executive officer of such state agency; to provide an effective date. Referred to Committee on Judiciary.
HB 232. By Representatives Padgett of the 86th, Ransom of the 90th, Cheeks of the 89th and others:
A bill to amend Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, known as the "Statewide Probation Act", so as to provide that any county probation system, including any state court adult probation system, may become a part of the state-wide probation system. Referred to Committee on Corrections.
HB 263. By Representative Watson of the 114th:
A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to require a franchisor to honor the transfer of a dealership by or through sale, a gift, a will, or the laws of de scent and distribution, provided that the purchaser or successor meets the usual and customary conditions and requirements of a dealer as prescribed in writing by the franchisor. Referred to Committee on Industry and Labor.

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JOURNAL OF THE SENATE

HB 303. By Representative Reaves of the 147th:
A bill to amend Code Section 2-3-5 of the Official Code of Georgia Annotated, relating to the composition of the Georgia Agrirama Development Authority, so as to provide that members of the authority shall be entitled to be reimbursed for actual expenses, including travel and any other expenses, incurred while in the performance of their duties. Referred to Committee on Agriculture.
HB 376. By Representative Richardson of the 52nd:
A bill to amend Article 1 of Chapter 1 of Title 47 of the Official Code of Georgia Annotated, regarding general provisions relating to retirement and pensions, so as to require that spouses who are designated as beneficiaries of certain publicly funded retirement, pension, and life insurance benefits be notified prior to changes in such designation. Referred to Committee on Retirement.
HB 540. By Representatives Smyre of the 92nd, Benefield of the 72nd and Lawson of the 9th:
A bill to amend Code Section 46-10-9 of the Official Code of Georgia Annotated, relating to the date on which the laws relating to the consumers' utility counsel shall be repealed, so as to change the date on which the laws relating to the consumers' utility counsel shall be repealed. Referred to Committee on Public Utilities.
HB 797. By Representatives Lupton of the 25th and Hays of the 1st:
A bill to amend Chapter 3 of Title 30 of the Official Code of Georgia Annotated, relating to access to and use of governmental and public buildings and facilities by physically handicapped persons, so as to redefine terms; to change provisions relating to standards for buildings and facilities. Referred to Committee on Human Resources.
HB 812. By Representatives Bannister of the 62nd, Barnett of the 59th, Wood of the 9th and others:
A bill to amend Code Section 3-3-7 of the Official Code of Georgia Annotated, relating to local authorization and regulation of sales of alcoholic beverages on Sunday, so as to provide that the governing authorities of certain counties and municipalities may authorize the sale of alcoholic beverages during certain hours on Sundays. Referred to Committee on Consumer Affairs.
HB 840. By Representative Workman of the 51st:
A bill to amend Part 6 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to elevators, dumbwaiters, escalators, manlifts, and moving walks, so as to provide for standards of inspection; to provide that in spections shall cover hoistways, associated equipment rooms, and access thereto, and shall include lobby smoke detectors. Referred to Committee on Industry and Labor.
HB 882. By Representatives Crosby of the 150th and Murphy of the 18th:
A bill to amend Code Section 49-4-6 of the Official Code of Georgia Annotated, relating to reserves, income, and resources to be disregarded in calculating public assistance benefits, so as to change provisions relating to disregarded income. Referred to Committee on Children and Youth.

MONDAY, MARCH 2, 1987

1225

HB 916. By Representatives Murphy of the 18th, Walker of the 115th, Lee of the 72nd and others: A bill to amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, so as to provide a short title; to provide a definition; to provide that it shall be unlawful to teach, train, or demonstrate to another person the use, application, or making of any illegal firearm, dangerous weapon, explosive, or incendiary device.
Referred to Committee on Public Safety.
HB 968. By Representative Parham of the 105th: A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change the listing of certain controlled substances and dangerous drugs.
Referred to Committee on Human Resources.
HR 10. By Representative Richardson of the 52nd: A resolution creating the Joint Study Committee on Community Services for the Mentally Disabled.
Referred to Committee on Rules.
HR 109. By Representatives Redding of the 50th, Robinson of the 58th, Richardson of the 52nd and others: A resolution creating the DeKalb County Government Study Commission.
Referred to Committee on Rules.
HR 219. By Representatives Moore of the 139th, Mangum of the 57th, Dover of the llth and others: A resolution creating the Joint Educational Assessment Study Committee.
Referred to Committee on Rules.
HB 1000. By Representatives Moody of the 153rd and Byrd of the 153rd: A bill to amend an Act providing a new charter for the City of Baxley, so as to change the corporate limits of the city.
Referred to Committee on Urban and County Affairs.
HB 1002. By Representative Crawford of the 5th: A bill to amend an Act consolidating the laws chartering the City of Summerville in Chattooga County and granting a new charter for said city, so as to change the corporate limits of the City of Summerville.
Referred to Committee on Urban and County Affairs.
HB 1004. By Representative Watts of the 41st: A bill to amend an Act placing the clerk of the superior court, the sheriff, the ordinary, and the coroner of Paulding County on a salary basis in lieu of a fee basis, so as to change the compensation of the coroner.
Referred to Committee on Urban and County Affairs.
HB 1005. By Representative Watts of the 41st: A bill to amend an Act creating the board of commissioners of Paulding County, so as to change the compensation of the chairman of the board of commissioners.
Referred to Committee on Urban and County Affairs.

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HB 1006. By Representatives Dixon of the 151st and Crosby of the 150th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to the creation of the Charlton County Development Authority and provisions for its powers, author ity, funds, purposes, and procedures.
Referred to Committee on Urban and County Affairs.
HB 1007. By Representatives Dixon of the 151st and Crosby of the 150th: A bill to amend an Act creating the board of commissioners for Charlton County, so as to provide for the election of members of the board from districts by the residents of such districts.
Referred to Committee on Urban and County Affairs.
HB 1012. By Representative Reaves of the 147th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Echols County Development Authority.
Referred to Committee on Urban and County Affairs.
HB 1013. By Representative Reaves of the 147th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing that effective January 1, 1979, the judge of the Probate Court of Echols County shall be also the judge of the County Court of Echols County and to provide for the compensation of said of ficer until otherwise provided by law.
Referred to Committee on Urban and County Affairs.
HB 1014. By Representative Reaves of the 147th: A bill to amend an Act reincorporating and providing a new charter for the City of Quitman in Brooks County, so as to change the composition of the municipal governing authority, known as the board of commissioners for the City of Quitman.
Referred to Committee on Urban and County Affairs.
HB 1018. 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 creating the Cordele Office Building Authority.
Referred to Committee on Urban and County Affairs.
HB 1019. By Representative Rainey of the 135th: A bill to provide for the purposes of the Cordele Office Building Authority; to repeal specific Acts relating to the Cordele Office Building Authority.
Referred to Committee on Urban and County Affairs.
HB 1033. By Representatives Johnson of the 123rd, Triplett of the 128th, Mueller of the 126th and others: A bill to create the Chatham County Law Enforcement and Jails Study Commission.
Referred to Committee on Urban and County Affairs.

MONDAY, MARCH 2, 1987

1227

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 House and has instructed me to report the same back to the Senate with the follow ing recommendation:
HB 290. Do pass by substitute.
Respectfully submitted,
Senator Barker of the 18th 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 377. Do pass.

HB 488. Do pass.

HB 126. Do pass by substitute.

HB 623. Do pass by substitute.

Respectfully submitted,

Senator Kidd of the 25th District, Chairman

Mr. President:

The Committee on Human Resources has had under consideration the following 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 125. Do pass.

HB 255. Do pass.

HB 69. Do pass.

HB 258. Do pass.

HB 133. Do pass.

Respectfully submitted,

Senator Howard of the 42nd District, Chairman

Mr. President:

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

HB 56. Do pass.

HB 342. Do pass.

HB 132. Do pass.

HB 713. Do pass.

HB 201. Do pass as amended.

HB 835. Do pass.

HB 309. Do pass.

Respectfully submitted,

Senator Dawkins of the 48th District, Chairman

Mr. President:

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

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HB 193. HB 582. HB 613.

Do pass. Do pass. Do pass.

HB 662. Do pass. HB 726. 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 and resolu tion of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 31. Do pass.

HB 755. Do pass.

HB 439. Do pass.

HB 877. Do pass.

HB 663. Do pass.

HR 194. 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 151. Do pass. SR 158. Do pass as amended. SR 165. Do pass.
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 198. Do pass by substitute.
Respectfully submitted,
Senator Peevy of the 48th District, Chairman

Mr. President:

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

HB 224. Do pass.

HB 618. Do pass.

HB 497. Do pass. HB 583. Do pass.

HB 653. Do pass.

Respectfully submitted,

Senator Peevy of the 48th District, Chairman

MONDAY, MARCH 2, 1987

1229

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 347. HB 652. HB 811.

Do pass. Do pass by substitute. Do pass.

HB 873. Do pass. HB 874. 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 380. SB 381. SB 382. HB 363. HB 828. HB 869. HB 888. HB 902. HB 903. HB 906. HB 907. HB 930.

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

HB 938. HB 939. HB 940. HB 941. HB 955. HB 956. HB 973. HB 976. HB 977. HB 978. HB 991. HB 994.

Do pass. Do pass. Do pass. 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 resolution of the Senate and House were read the second time:

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.

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.

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

Albert Allgood Baldwin Barker Barnes Brannon Brown of 47th Bryant Burton Coleman Crumbley Dawkins Dean Echols Edge

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

Those not answering were Senators:

McGill McKenzie Newbill Olmstead Phillips Ragan Ray Scott of 2nd Starr Stumbaugh Tate Timmons Tolleson Turner Tysinger

Bowen Broun of 46th Coverdell Deal

Howard Peevy Perry

Scott of 36th Shumake Walker

Senator Tolleson of the 32nd introduced the chaplain of the day, Reverend Harold Skillrud, pastor of the Lutheran Church of the Redeemer, Atlanta, Georgia, who offered scripture reading and prayer.

MONDAY, MARCH 2, 1987

1231

The following resolutions of the Senate were read and adopted:
SR 178. By Senators Tate of the 38th, Walker of the 43rd, Langford of the 35th and others: A resolution commending George Akeya Agbango.
SR 179. By Senator Foster of the 50th: A resolution commending Mr. Merritt Hoag.
SR 180. By Senators McGill of the 24th and Hudgins of the 15th: A resolution commending Mr. George Seaton.
SR 181. By Senator Ray of the 19th: A resolution expressing regret at the passing of Loran "Sonny" Carter.
SR 182. By Senators Ray of the 19th, Gillis of the 20th and Kennedy of the 4th: A resolution expressing regret at the passing of Larry Contos.
SR 183. By Senators Ray of the 19th and Kennedy of the 4th: A resolution commending Stell Carter.
The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR Monday, March 2, 1987
THIRTY-THIRD LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 380 Edge, 28th Pike County Continues amendment authorizing governing authority of Pike County to re quire that returns for ad valorem taxation in county be made to the county board of tax assessors; provides authority for this Act.
SB 381 Brannon, 51st Fincher, 54th Whitfield County Amends Act changing compensation of coroner of county; changes compensa tion of coroner; provides for appointment of deputy coroners by coroner and their compensation for death investigations.
SB 382 Barnes, 33rd City of Powder Springs Cobb County Amends Act providing new charter for city; changes corporate limits of city.
HB 363 Allgood, 22nd Albert, 23rd Richmond County Continues amendment permitting General Assembly to authorize local taxing

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jurisdictions in county to grant discounts for early payment of ad valorem taxes.
HB 828 Peevy, 48th City of Winder Barrow County Amends Act creating new charter for city; provides for corporate powers of that city and the designation of governing body thereof.
HB 869 Huggins, 53rd Fincher, 54th Catoosa County Continues amendment providing a board of tax administrators for county and provides for their qualifications, terms, authority, duties, and compensa tion.
HB 888 Kennedy, 4th Effingham County Reconstitutes Board of Education of county school district; provides for qual ifications, election, terms of office, and compensation and service of members of board.
HB 902 Fincher, 54th City of Eton Murray County Re-incorporates Town of Eton in County of Murray and City of Eton and creates therefor a new charter.
HB 903 Crumbley, 17th Butts County Provides for election of members of Butts County Board of Education.
HB 906 Echols, 6th Camden County Amends Act creating Board of Commissioners for county; provides for legis lative intent; provides for election of board members from districts by resi dents of such districts.
HB 907 Echols, 6th Camden County Provides for Board of Education of county; provides for election of members from districts by resident of such districts.
HB 930 Huggins, 53rd Fincher, 54th Catoosa County Amends Act providing for fiscal administration of office of sheriff of county; provides for compensation of sheriff.
HB 938 Echols, 6th Wayne County Continues amendment providing for election of members of Board of Educa tion of county by people.

MONDAY, MARCH 2, 1987

1233

HB 939 Echols, 6th Wayne County
Continues amendment providing for County Administrator of county.

HB 940 Echols, 6th Wayne County
Continues amendment creating the "Wayne County Industrial Development Authority."

HB 941 Hudgins, 15th Land, 16th Muscogee County
Amends Act establishing salary of judge of Probate Court of county; changes salary of judge of Probate Court.

HB 955 Echols, 6th Bacon County
Continues amendment authorizing county to levy a tax not exceeding one mill on all of the taxable property in county for purpose of promoting and encouraging location of new industries in county.

HB 956 Echols, 6th Bacon County
Continues amendment creating Bacon Industrial Building Authority.

HB 991 Edge, 28th City of Griffin Spalding County
Amends Act establishing State Court of county (formerly known as City Court of Griffin); changes provisions relating to judge and solicitor.

HB 973 Harris, 27th Monroe County
Continues amendment which increases homestead exemption for tax pur poses of certain property owned by certain residents of county.

HB 994 Harris, 27th Upson County
Amends Act providing for election of members of Board of Education of county, so as to temporarily add an additional member to board.

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 Bryant Burton

Coleman Coverdell Crumbley Dawkins Dean

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JOURNAL OF THE SENATE

Echols Edge English
Engram ln<:ner GFoasrtneerr Gillis Harris Mine Hudgins

Muggins Kennedy Land
Langford McGill McK.. enzie Newbill Olmstead Peevy Perry

Phillips Ray Scott of 2nd
Scott of 36th Shumake T_,ate Timmons Tolleson Turner Tysinger

Those not voting were Senators:

Bowen Deal Harrison

Howard Kidd Ragan

Starr Stumbaugh Walker

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

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

SENATE RULES CALENDAR
Monday, March 2, 1987
THIRTY-THIRD LEGISLATIVE DAY
SB 136 Assistance in Mitigating Effects of Hazardous Materials Discharge--provide im munity (SUBSTITUTE) (NAT R--45th)
SB 89 Juvenile Intake Worker, Probation Officers--subsidy funding (SUBSTITUTE) (JUDY--35th)
SB 300 Insurance--family policies, proceeds of murdered insured (SUBSTITUTE) (INS--15th)
SB 169 Georgia Bureau of Investigation Scientific Reports--admissible evidence (SUB STITUTE) (JUDY--2nd)
SB 209 Crack Possession, Sale--constitute crime (SUBSTITUTE) (PUB SAF--7th)
SB 368 Vehicles Exceeding Sixty (60) Feet--signs on highways where allowed (SUBSTI TUTE) (TRANS--1st)
SB 266 Handicapped Parking Places--change manner for designation (SUBSTITUTE) (HUM R--34th)
SB 366 Foreclosure--change provisions on authority to foreclose and executions relating to (AMENDMENT) (JUDY--42nd)
SB 68 Political Subdivision--no liability to person committing crime on property (AMENDMENT) (JUDY--30th)
SB 357 Vehicles Exceeding Certain Weight Limitations--certain circumstances (TRANS--1st)
SB 342 Hospital Authorities Law--"project" defined as insurance of every type (HUM R--33rd)
SB 285 Dangerous Drugs--prohibit sale, exchanging complimentary samples (JUDY--42nd)
SB 361 Group Life Insurance Policies--in force if certain percentage of employees make contributions (INS--45th)

MONDAY, MARCH 2, 1987

1235

SB 373 Person Arrested but Released Without Charge--may purge criminal records (JUDY--35th)
SB 317 Driving Under the Influence (DUI)--minimum standards for chemical tests (PUB SAF--34th)
SR 20 Senate Study Committee for Seat Belts on School Buses--create (C AFF--5th)
SR 78 Senate Tuition Payment Alternatives Study Committee--create (AMEND MENT) (RULES--35th)
SR 126 Economic Development Through Historic Preservation Joint Study Commit tee--create (AMENDMENT) (RULES--42nd)
SR 161 Senate State Parks System Study Committee--create (AMENDMENT) (RULES--20th)
SR 162 Senate Insurance Regulation Study Committee--create (AMENDMENT) (RULES--17th)
SR 163 Albert "Al" Holloway Labor Building--provide for designation (RULES--25th)
HB 166 Motor Vehicle Parked in Merchant Parking Area--provisions for criminal tres pass (C AFF--36th)
HR 146 A. L. "Al" Burruss Correctional Training Center--designate (CORR--33rd)
HB 344 County Boards of Health--membership of health care professionals (HUM R--42nd)
HB 804 Public Records Inspection--limitations not applicable to certain information (H ED--46th)
HB 17 Inmate--possession of drugs, weapons unlawful without jailer consent (SUBSTI TUTE) (S JUDY--28th)
HB 416 Retired Peace Officer--include certain ones retired from United States govern ment service (PUB SAF--27th)
HB 244 Controlled Substances Regulation--utilization of money, property, or proceeds seized (PUB SAF--28th)
HB 266 Driver's Licenses--notice of suspension by court (SUBSTITUTE) (S JUDY--33rd)
HB 187 Ethics in Government (O.C.G.A.--Chapter 5, Title 21)--correct errors, omissions (SUBSTITUTE) (AMENDMENTS) (GOV OP--33rd)
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 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 pro vide for other matters relative to the foregoing; to provide an effective date.

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The Senate Committee on Natural Resources offered the following substitute to SB 136:
A BILL
To be entitled an Act 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 assis tance 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; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, is amended by adding at the end thereof a new Article 6 to read as follows:
"ARTICLE 6
12-8-140. As used in this article, the term:
(1) 'Director' means the director of the Environmental Protection Division of the De partment of Natural Resources.
(2) 'Discharge' means leakage, seepage, or other release of hazardous materials on land or into a river, stream, lake, or other body of water or into the air.
(3) 'Hazardous materials' means any material which because of its quantity, concen tration, or physical, chemical, or infectious characteristics may:
(A) Cause or significantly contribute to an increase in mortality or an increase in seri ous irreversible or incapacitating reversible illness; or
(B) Pose a substantial present or potential hazard to human health or to the environ ment when improperly treated, stored, transported, disposed of, or otherwise managed.
(4) 'Person' means an individual, partnership, association, corporation, firm, or other entity.
12-8-141. (a) Except as otherwise provided in this Code section, no person who upon request provides assistance or advice in mitigating or attempting to mitigate the effects of an actual or threatened discharge of hazardous materials or in preventing, or in attempting to prevent, such a discharge shall be subject to civil liabilities or penalties of any type.
(b) Nothing in subsection (a) of this Code section shall be construed to limit or other wise affect the liability of any person for damages or other civil liabilities or penalties of any type resulting from such person's gross negligence or from such person's reckless, wanton, or intentional misconduct.
(c) Nothing in subsection (a) of this Code section shall be construed to limit or other wise affect the liability for damages or other civil or criminal liabilities or penalties of any type of any person whose conduct caused in whole or in part or contributed to such actual or threatened discharge of hazardous material.
(d) Nothing in subsection (a) of this Code section shall be construed to limit or other wise affect the liability of any person for civil or criminal liabilities or penalties pursuant to Article 3 of this chapter or the legal responsibility of any person to comply with Article 3 of this chapter.
(e) Nothing in subsection (a) of this Code section shall be construed to limit or other wise affect the liability for damages or other civil or criminal liabilities or penalties of any person, as defined herein, who receives or expects to receive compensation or any pecuniary benefit, directly or indirectly, from any source, other than reimbursement for out-of-pocket expenses for services in rendering such assistance or advice.

MONDAY, MARCH 2, 1987

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12-8-142. Any person who provides assistance or advice under subsection (a) of Code Section 12-8-141 shall file a written report with the director. The reports shall be filed within five days of the rendering of such assistance or advice and shall detail the assistance and advice rendered and, when applicable, the location and method of disposal of any haz ardous materials disposed of as a part of such assistance or advice. This Code section shall not apply to any local, state, or federal agency or government nor to any employee thereof."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 32, nays 1, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

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

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

Those not voting were Senators:

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

Deal Harrison Howard

McKenzie Starr

Tolleson Walker

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

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

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JOURNAL OF THE SENATE

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
We are returning herewith the Senate substitute which the Speaker has ruled and de termined not germane to the following bill of the House:
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.
The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:
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 as sist certain counties in the funding of juvenile intake workers and juvenile proba tion officers; to establish a task force to determine a formula for the distribution of funds appropriated for such subsidies.
The Senate Committee on Judiciary offered the following substitute to SB 89:
A BILL
To be entitled an Act 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 of ficers; to provide for other matters relative to the foregoing; to provide effective dates; 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 courts, is amended by adding a new Code Section 15-11-7.1 to read as follows:
"15-11-7.1. (a) For the purposes of promoting efficiency and economy in the delivery of juvenile justice services and of equalizing a portion of the burden of such services on local taxpayers, there is authorized as provided in this Code section a program of state subsidies to assist certain counties in the funding of juvenile intake workers and juvenile probation officers. In order to qualify to receive subsidies pursuant to the program authorized by this subsection, a county must be a participant in the state-wide juvenile court information sys tem and must pay from county funds salaries of juvenile intake officers or juvenile probation officers or both.
(b) Allocation of funds appropriated for subsidies under this Code section shall be made according to a formula established by the Office of Planning and Budget. The Office of Planning and Budget shall establish a formula for distribution of the subsidies authorized by this Code section to the counties qualified to receive such subsidies and shall certify this formula to the Governor not later than July 1, 1987.
(c) In any fiscal year, including the 1987-1988 fiscal year, in which the General Assem bly, by specific reference to the program of subsidies established by this Code section, ap propriates funds to the Department of Human Resources for the purposes of this Code sec-

MONDAY, MARCH 2, 1987

1239

tion, such funds shall be distributed by the Department of Human Resources according to the formula established under subsection (b) of this Code section."
Section 2. This Act shall be effective for the purpose of the establishment of the formula for the distribution of subsidies as provided in quoted Code Section 15-11-7.1 of Section 1 of this Act upon the approval of this Act by the Governor or upon its otherwise becoming law. This Act shall be effective for all purposes 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 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 Burton Coverdell Crumbley Dawkins Dean Echols Edge

English Engram Foster Garner Gillis Harris Harrison Hine Hudgins Huggins Kennedy Kidd Land Langford McGill McKenzie

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

Those not voting were Senators:

Coleman Deal

Fincher Howard

Starr Walker

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

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

SB 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.

The Senate Committee on Insurance offered the following substitute to SB 300:

A BILL To be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated,

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known as the "Georgia Insurance Code," so as to require notice of life insurance to be given to the insured when life insurance is effectuated without the personal application or written consent of the insured; to provide for the appointment of a guardian to be entrusted with the insurance proceeds where the insurer is liable under a policy in which the beneficiary is considered a murder suspect; to provide the manner in which the guardian shall distribute the insurance proceeds; 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 33 of the Official Code of Georgia Annotated, known as the "Georgia Insurance Code," is amended by striking Code Section 33-24-6, relating to the requirement of consent of insured to effectuation of policy, in its entirety and substituting in lieu thereof a new Code Section 33-24-6 to read as follows:
"33-24-6, (a) No life or accident and sickness insurance contract upon an individual, except a contract of group life insurance or of group or blanket accident and sickness insur ance, shall be made or effectuated unless at the time of the making of the contract the individual insured, being of competent legal capacity to contract, applies for a life or acci dent and sickness insurance contract or consents in writing to the contract, except in the following cases:
(1) A spouse may effectuate insurance upon the other spouse;
(2) Any person having an insurable interest in the life of a minor or any person upon whom a minor is dependent for support and maintenance may effectuate insurance upon the life of or pertaining to the minor; or
(3) An application for a family policy may be signed by either parent, by a stepparent, or by husband or wife.
(b) If life insurance is effectuated as authorized in paragraph (1), (2), or (3) of subsec tion (a) of this Code section, the insurer shall be required to give written notice of such life insurance to the insured in accordance with this subsection. On the date of effectuation of such life insurance, notice shall be delivered to the insured in person or by depositing the notice in the United States mail, to be dispatched by at least first-class mail to the address of record of the insured. The insurer may obtain a receipt provided by the United States Postal Service as evidence of mailing such notice or such other evidence of mailing as pre scribed or accepted by the United States Postal Service.
(c) An insurer shall be entitled to rely upon all statements, declarations, and represen tations made by an applicant for insurance relative to the insurable interest which such applicant has in the insured; and no insurer shall incur any legal liability except as set forth in the policy, by virtue of any untrue statements, declarations, or representations so relied upon in good faith by the insurer."
Section 2. Said title is further amended by striking Code Section 33-25-13, relating to receipt of benefits from insurance policy of deceased by person found guilty of committing murder or voluntary manslaughter and disposition of proceeds of insurance policy of de ceased, in its entirety and substituting in lieu thereof a new Code Section 33-25-13 to read as follows:
"33-25-13. (a) No person who commits murder or voluntary manslaughter or who conspires with another to commit murder shall receive any benefits from any insurance pol icy on the life of the deceased, even though the person so killing or conspiring be named beneficiary in the insurance policy. A plea of guilty or a judicial finding of guilt not reversed or otherwise set aside as to any of such crimes shall be prima-facie evidence of guilt in determining rights under this Code section. All right, interest, estate, and proceeds in such an insurance policy shall go to the other heirs of the deceased who may be entitled thereto by the laws of descent and distribution of this state, unless secondary beneficiaries be named in the policy, in which event such secondary beneficiaries shall take.
(b) In the event an insured is murdered and the beneficiary is considered a suspect by

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1241

the investigating law enforcement officers in an active, continuing criminal investigation prior to the solving of the murder, the probate court may appoint a guardian who shall be entrusted with the insurance proceeds if the insurer is liable under the policy. The guardian shall distribute the proceeds to the beneficiary and the beneficiary's children, if any, as necessary during a period not to exceed two years or during the period of the solving of the murder, whichever is earlier, or shall distribute all remaining proceeds to the beneficiary if said beneficiary is determined not to be a suspect within two years or before the murder is solved. If the named beneficiary has not been charged with the murder within two years, the guardian shall pay over to the beneficiary any funds remaining from the proceeds of the policy."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 32, nays 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 Bryant Burton Crumbley Dawkins Dean

Echols English Engram Fincher Foster Gillis Harris Howard Hudgins Huggins Kennedy Kidd Land

McGill McKenzie Perry Phillips Ragan Ray Scott of 2nd Scott of 36th Starr Timmons Tolleson Turner Tysinger

Those voting in the negative were Senators:

Baldwin Edge Hine

Langford Newbill Olmstead

Peevy Stumbaugh Tate

Those not voting were Senators:

Coleman Coverdell Deal

Garner Harrison

Shumake Walker

On the passage of the bill, the yeas were 39, nays 9.

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

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 be introduced in evidence, so as to provide that certain written scientific reports

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from the Georgia Bureau of Investigation shall be admissible as evidence of the truth of the test results.
The Senate Committee on Judiciary offered the following substitute to SB 169:
A BILL
To be entitled an Act to amend Article 9 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to discovery in criminal cases, so as to entitle a defendant to a copy of statements made during an investigation; 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, notwithstanding any objections on the grounds of hearsay, authen ticity, or foundation and without the necessity of the appearance and testimony of the em ployee who performed the test, unless the defendant or his attorney files a certificate stating the need for examination in open court of the employee who performed the test; to provide procedures; to provide certain conditions; to provide an exception with respect to any case in which the prosecution has announced its intention to seek the penalty of death; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 9 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to discovery in criminal cases, is amended by striking in its entirety subsection (a) of Code Section 17-7-210, relating to the right of a defendant to a copy of certain statements given while in police custody, and inserting in its place a new subsection (a) to read as follows:
"(a) At least ten days prior to the trial of the case, the defendant shall be entitled to have a copy of any statement given by such defendant while in police custody or given by such defendant at any time during the course of any investigation involving such defendant. The defendant may make his request for a copy of any such statement, in writing, within any reasonable period of time prior to trial."
Section 2. Said article is further amended by adding at the end of Code Section 17-7211, relating to the right of a defendant to copies of written scientific reports which will be introduced in evidence, a new subsection, to be designated subsection (d), to read as follows:
"(d) (1) Whenever the prosecution furnishes to the defendant not less than ten days prior to trial a written scientific report of a scientific test or analysis made by an employee of the Georgia Bureau of Investigation and whenever said report is properly authenticated pursuant to Code Section 24-7-20, the written scientific report shall then be admissible at trial as evidence of the truth of the test results reported therein, notwithstanding any objec tions on the grounds of hearsay, authenticity, or foundation and without the necessity of the appearance and testimony of the employee who performed the test, unless the defendant shall file and serve not later than five days prior to trial a certificate under oath made by the defendant or his attorney which affirms the following:
(A) The defendant or his attorney has examined the written scientific report;
(B) The defendant or his attorney verily believes, after an examination of such report, that an examination in open court at trial of the employee who performed the test analysis will be significant to the defense; and
(C) The defendant or his attorney is making the certificate in good faith and not for the purpose of delay or harassment.
(2) The provisions of this subsection shall not apply in any case in which the prosecu tion has announced its intention to seek the penalty of death."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 29, nays 0, and the substitute was adopted.

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1243

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 Dean

Echols Edge English Engram Foster Garner Gillis Harris Harrison Howard Kennedy Kidd Land McGill McKenzie

Newbill Olmstead Perry Phillips Ragan Ray Scott of 2nd Shumake Starr Stumbaugh Tate Tolleson Turner Tysinger

Those voting in the negative were Senators:

Brannon Fincher Hine

Huggins Langford

Peevy Scott of 36th

Those not voting were Senators:

Deal Hudgins

Timmons

Walker

On the passage of the bill, the yeas were 44, nays 7.

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

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

Mr. President:

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

HB 194. By Representative Watson of the 114th:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide that any policy fee or filing fee charged and collected in addition to and apart from any premium in considera tion for services rendered in connection with the writing and issuance of the in surance contract shall be fully earned upon issuance of the policy and no part of such policy fee or filing fee shall be subject to refund as unearned premium.

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The following bill of the House was read the first time and referred to committee:
HB 194. By Representative Watson of the 114th:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide that any policy fee or filing fee charged and collected in addition to and apart from any premium in considera tion for services rendered in connection with the writing and issuance of the in surance contract shall be fully earned upon issuance of the policy and no part of such policy fee or filing fee shall be subject to refund as unearned premium. Referred to Committee on Insurance.
The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:
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.
The Senate Committee on Public Safety offered the following substitute to SB 209:
A BILL
To be entitled an Act to amend Code Section 16-13-31 of the Official Code of Georgia Annotated, relating to trafficking in cocaine, illegal drugs, or marijuana, so as to provide that the possession, sale, manufacture, or transport into this state of five grams or more but less than 28 grams of free base cocaine which is not in the salt form shall constitute a crime; to provide for penalties; 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 16-13-31 of the Official Code of Georgia Annotated, relating to trafficking in cocaine, illegal drugs, or marijuana, is amended by adding a new subsection (a.l) to read as follows:
"(a.l) Any person who knowingly sells, manufactures, delivers, or brings into this state or who is in actual possession of five grams or more but less than 28 grams of free base cocaine which is not in the salt form or any mixture containing more than 10 percent of free base cocaine which is not in the salt form commits the felony offense of trafficking in co caine. Upon conviction thereof, such person shall be sentenced to a mandatory minimum term of imprisonment of ten years and shall pay a fine of $100,000.00 unless such person agrees to cooperate with the appropriate law enforcement agencies and actually provides assistance and furnishes evidence leading to the apprehension and conviction of the individ ual or individuals who supplied such person with free base cocaine or any mixture thereof as described in this Code section, in which case the judge shall have discretionary authority to set the sentence and fix the fine."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Senator Garner of the 30th moved that SB 209 be committed to the Senate Committee on Corrections.
Senator Perry of the 7th moved the previous question.
On the motion offered by Senator Perry of the 7th, which motion takes precedence,

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1245

Senator Perry of the 7th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Barker Barnes Bowen Brannon
Bryant Burton Coleman Coverdell
Crumbley Dean

Echols English Foster Gillis Harris Howard
Huggins Kennedy Kidd Land
McGill McKenzie

Those voting in the negative were Senators:

Olmstead Perry Phillips Ragan Ray Scott of 2nd
Shumake Starr Stumbaugh Timmons
Turner Tysinger

Baldwin Broun of 46th Brown of 47th Dawkins
Edge

Engram Garner Harrison Hine
Langford

Those not voting were Senators:

Newbill Peevy Scott of 36th Tate
Tolleson

Deal Fincher

Hudgins

Walker

On the motion, the yeas were 36, nays 15; the motion prevailed, and the previous ques tion was ordered.

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 BBrroywannt of 47th Burton
Coleman Coverdell
Crumbley Dean
Echols

Edge English Engram Foster Garner Gillis Harris HHoarwriasrodn Huggins
Kennedy Kidd
Land McGill
McKenzie

Newbill Olmstead Perry Phillips Ragan ^ 0 ., f 0 , ^Schoum" ak,fe2nd Starr
Stumbaugh Timmons
Tolleson Turner
Tysinger

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Those voting in the negative were Senators:

Broun of 46th Dawkins Hine

Langford Peevy

Scott of 36th Tate

Those not voting were Senators:

Deal Fincher

Hudgins

Walker

On the passage of the bill, the yeas were 44, nays 7.

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

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

HB 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.

Senator Kennedy of the 4th moved that the Senate insist upon the Senate substitute to HB 191.

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 191.

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.

Senator Kidd of the 25th moved that the Senate insist upon the Senate substitute to HB43.

On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 43.

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.

Senator Kidd of the 25th moved that the Senate insist upon the Senate amendment to HB 185.

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1247

On the motion, the yeas were 40, nays 0; the motion prevailed, and the Senate insisted upon the Senate amendment to HB 185.
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.
Senator Stumbaugh of the 55th moved that the Senate insist upon the Senate substi tute to HB 508.
On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 508.
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.
Senator Hudgins of the 15th moved that the Senate adhere to the Senate substitute to HB 87, 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 87.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Dawkins of the 45th, Barnes of the 33rd and Turner of the 8th.
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 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.
The Senate Committee on Transportation offered the following substitute to SB 368:
A BILL To be entitled an Act 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

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Public Law reference; to authorize the department to designate, rescind the designation of, and place appropriate 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; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 32-6-24 of the Official Code of Georgia Annotated, relating to dimensions and weights of vehicles and loads, is amended by striking paragraph (2) of sub section (a) and inserting in its place a new paragraph (2) to read as follows:
"(2) Unless exempted in Code Section 32-6-25 or subsection (b) of this Code section or so authorized by a permit issued pursuant to Code Section 32-6-28, no vehicle or combina tion of vehicles and load shall exceed a total length of 60 feet and no semitrailer shall exceed 48 feet in length in a truck tractor-semitrailer combination and no truck tractor-semitrailertrailer combination shall be allowed except the department shall allow a semitrailer length of no more than 48 feet when operated as a truck tractor-semitrailer combination and a semitrailer or trailer length of no more than 28 feet when operated as a truck tractor-semi trailer-trailer combination, provided that such vehicles may exceed 60 feet in length and shall only operate upon all fully limited access highways designed to National System of Interstate and Defense Highways standards and upon any road, street, or highway on the State Highway System which the department determines is appropriate to provide reasona ble access requirements in compliance with Public Law 97-424 and on which the department has posted appropriate signs specifying that use by such vehicles is authorized; and pro vided, further, that the department is authorized to designate certain roads, streets, or high ways upon which vehicles more than 60 feet in length may operate when operating as a truck tractor-semitrailer combination with a semitrailer no longer than 48 feet in length or a truck tractor-semitrailer-trailer combination with a semitrailer and trailer each of which shall be no longer than 28 feet in length. Such roads, streets, or highways shall be so desig nated only after the department has considered the operational and safety characteristics of such vehicles and of the roadways, provided that the department may rescind any roadway designation if it is determined by the department that the public safety has been dimin ished or operational problems increased, or both, by the actual operation of such vehicles. Such roadways shall be posted with appropriate signs specifying the maximum length al lowed for each vehicle combination. The department may permit the operation of a semi trailer which exceeds 45 feet in length without highway designation:
(A) If the semitrailer was manufactured prior to July 1, 1980, and the total length of the combination of vehicles is 55 feet or less; or
(B) If the length of the semitrailer is more than 45 feet but not more than 48 feet and the total length of the combination of vehicles does not exceed 55 feet, and the gross weight of the vehicle and its load does not exceed 50,000 pounds."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 31, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

MONDAY, MARCH 2, 1987

1249

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 Harris Harrison Howard Hudgins Huggins Kidd Land McGill

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

Those not voting were Senators:

Brannon Garner Gillis Hine

Kennedy (presiding) Langford Shumake

Tate Timmons 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 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.
The Senate Committee on Human Resources offered the following substitute to SB 266:
A BILL
To be entitled an Act to amend Part 2 of Article 10 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, known as the "Handicapped Parking Law," so as to change the manner in which handicapped parking places are designated and to require cer tain designations; to change the provisions relating to offenses, penalties, and sanctions; to provide for all related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 2 of Article 10 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, known as the "Handicapped Parking Law," is amended by striking paragraph (1) of Code Section 40-6-221, relating to the definition of a handicapped parking space, and inserting in its place a new paragraph (1) to read as follows:
"(1) 'Handicapped parking place' means any area on public or private property which has been designated as reserved for use of handicapped persons as follows:
(A) By a blue metal reflective sign which is at least 12 inches in width and 18 inches in length and is erected at such height or in such manner that it will not be obscured by a vehicle parked in the space and bearing the following words: 'Permit Parking Only,' 'TowAway Zone,' and 'Maximum Fine $500.00.' The warnings required in this subparagraph shall be printed in white letters not less than one inch in height on three separate lines and centered on the sign. The sign shall also bear the international symbol for accessibility cen-

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tered between the second and third warnings. The sign required by this subparagraph shall be the official authorized sign for handicapped parking place designations in this state;
(B) Where the parking place is designated before January 1, 1988, by a sign or signs bearing the words 'Tow-Away Zone' and 'Handicapped Parking Only' or the words 'TowAway Zone' and the universal symbol of accessibility, that designation shall be deemed to meet the requirements of subparagraph (A) of this paragraph until such time as the sign or signs are replaced for other reasons, at which time any new sign erected shall comply fully with the requirements of subparagraph (A) of this paragraph; or
(C) Where the parking place is on private property, is constructed solely from con crete, was used by the public or finished prior to January 1, 1987, and which is designated by having imprinted and maintained in reflective paint upon each such place the words "Tow-Away Zone' and 'Handicapped Parking Only' or the words 'Tow-Away Zone' and the universal symbol of accessibility, that designation shall be deemed to meet the requirements of subparagraph (A) of this paragraph until such time as that concrete lot is renovated, repaired, or remodeled, at which time a sign shall be erected which shall comply with the requirements of subparagraph (A) of this paragraph."
Section 2. Said part is further amended by striking subsection (g) of Code Section 40 6-225, relating to offenses and penalties, and inserting in its place a new subsection (g) to read as follows:
"(g) In addition to the penalties provided for in subsection (f) of this Code section, any vehicle which is illegally parked in a handicapped parking place which is marked by a sign bearing the words 'Tow-Away Zone' as described in paragraph (1) of Code Section 40-6221 on public or private property may be towed away or caused to be towed away by a proper law enforcement agency or the official security agency of said property at the expense of the owner of the vehicle or, if the vehicle is leased or rented, at the expense of the person responsible for payment on the lease or rental agreement."
Section 3. Said part is further amended by adding a new subsection (h) to Code Sec tion 40-6-225, relating to offenses and penalties, to read as follows:
"(h) A property owner who is required to provide handicapped parking places shall designate each such place with a sign meeting the applicable requirements specified therefor by paragraph (1) of Code Section 40-6-221 and upon failure so to designate each such handi capped parking place shall be subject to a fine of $150.00 for each place which is not so designated; provided, however, that the fine will be waived if the required designation is made within 14 days from the date of citation. If that property owner fails or refuses to designate properly the handicapped parking places on his property within such 14 days he shall, on the fifteenth day after receiving the citation, be subject to the $150.00 fine for each place and an additional $5.00 fine for each place for each day that the owner fails to comply with provisions of this subsection until the places are properly designated. All fines assessed under this subsection shall be paid into the treasury of the city or county issuing the cita tion against the owner."
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 Bowen

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1251

Broun of 46th
Brown of 47th Bryant Burton Coverdell Crumbley Deal Dean Echols Edge English Engram Fincher Foster

Garner Gillis Harris
Harrison Hine Hudgins Huggins Kidd Land Langford McGill McKenzie Newbill Olmstead

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

Those not voting were Senators:

Brannon Coleman Dawkins

Howard Kennedy (presiding) Shumake

Tolleson Walker

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

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

SB 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.

The Senate Committee on Judiciary offered the following amendment: Amend SB 366 by striking from line 10 of page 1 the following: "turnover orders", and inserting in its place the following: "certain orders". By striking from line 27 of page 6 the following: "a turnover order", and inserting in its place the following: "an order". By striking from line 33 of page 6 the following: "turnover order", and inserting in its place the following: "order authorized under subsection (d) of this Code section". By striking from lines 3 through 6 of page 8 the following: "furnish valid evidence of collision and comprehensive insurance protecting the plaintiff as the secured creditor if the secured property is a motor vehicle and to".

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

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Broun of 46th Brown of 47th Bryant Burton 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 Starr Stumbaugh Tate Timmons Tolleson Turner Tysinger

Those not voting were Senators:

Brannon Coleman

Kennedy (presiding) Shumake

Walker

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

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

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

Mr. President:

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

HB 720. By Representative Pinkston of the 100th:
A bill to amend Article 6 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to business development corporations, so as to increase the maximum amount of certain loans that members may make to business develop ment corporations; to modify the manner in which calls for member loans made by a business development corporation shall be apportioned among its members.

HB 585. By Representative Randall of the 101st:
A bill to amend Code Section 15-10-27 of the Official Code of Georgia Annotated, relating to continuation of certain county civil court officials as magistrate court officials, so as to provide that a civil court judge who appoints an attorney or another trial judge to act as judge pro tempore of the civil court may provide

MONDAY, MARCH 2, 1987

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that the attorney or judge so appointed shall also serve as magistrate pro tempore for the magistrate court.
The House has adopted by the requisite constitutional majority the following resolu tions of the House:
HR 265. By Representative Ricketson of the 82nd: A resolution compensating Mr. William E. Wilder.
HR 270. By Representative Randall of the 101st: A resolution compensating Mrs. Frans Reid on behalf of Loverne Terrell Matlock.
The following bill of the House was taken up for the purpose of considering the House action thereon:
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.
Senator Allgood of the 22nd moved that the Senate insist upon the Senate substitute to HB 209.
On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 209.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
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 Fulton County and in each municipality therein except the City of At lanta; to provide for a short title; to provide for the purposes of the said districts; to provide for definitions; to provide for boards to administer said districts; to provide for appointment of members of said boards.
The House substitute to SB 284 was as follows:
A BILL
To be entitled an Act to provide for the creation of one or more community improve ment districts in unincorporated Fulton County; to provide for a short title; to provide for the purposes of the said districts; to provide for definitions; to provide for boards to admin ister said districts; to provide for appointment or election of members of said boards; to provide for taxes, fees, and assessments; to provide for the boundaries of said districts; to provide for the debt of said districts; to provide for cooperation with local governments; to provide for powers of said boards; to provide for general obligation bonds, notes, and other obligations of said districts; to provide for the form of bonds, provisions for exchange and transfer, certificates of validation, specification of interest rates in notice to the district at torney or the Attorney General, and in notice of validation hearing, etc., and definition of terms "cost of the project" or "cost of any project" as used in bond resolutions, etc.; to

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provide for authorized contents of agreements and instruments of the boards generally, use of proceeds of sale of bonds, notes, etc., and subsequent issue of bonds, notes, etc.; to pro vide for construction; to provide that Chapter 5 of Title 10 of the O.C.G.A., the "Georgia Securities Act of 1973" shall not apply to the offer, sale, or issuance of the boards' bonds, notes, or other obligations; to provide that no notice, proceeding, publication, or referendum shall be required; to provide for dissolutions; to provide the procedures connected with all of the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Short title. This Act shall be referred to as the "Fulton County Community Improvement Districts Act."
Section 2. Purpose. The purpose of this Act shall be to provide for the creation of one or more community improvement districts within unincorporated Fulton County, and such districts shall be created for the provision of such of the following governmental services and facilities as may be provided for in the resolution activating each district created hereby, or any supplemental resolution amending same:
(1) Street and road construction and maintenance, including curbs, sidewalks, street lights, and devices to control the flow of traffic on streets and roads;
(2) Parks and recreational areas and facilities;
(3) Storm water and sewage collection and disposal systems;
(4) Development, storage, treatment, purification, and distribution of water;
(5) Public transportation;
(6) Terminal and dock facilities and parking facilities; and
(7) Such other services and facilities as may be provided for by general law.
Section 3. Definitions. As used herein, the term:
(1) "Agricultural" means the growing of crops for sale or raising of animals for sale or use, including the growing of field crops, fruit or nut trees, the raising of livestock or poul try, and the operation of dairies, horse-boarding facilities, and riding stables.
(2) "Board" means the governing body created for the governance of each community improvement district herein authorized.
(3) "Bonds," or "general obligation bonds" means any bonds of a district which are authorized to be issued under the Constitution and laws of Georgia, including refunding bonds but not including notes or other obligations of a district.
(4) "Caucus of electors" means for each district the meeting of electors hereinafter provided for at which the elected board members of the district are elected. A quorum at such caucus shall consist of those electors present, and a majority of those present and voting is necessary to elect board members. No proxy votes may be cast.
(5) "Cost of the project" or "cost of any project" means and includes:
(A) All costs of acquisition (by purchase or otherwise), construction, assembly, instal lation, modification, renovation, or rehabilitation incurred in connection with any project or any part of any project;
(B) All costs of real property, fixtures, or personal property used in or in connection with or necessary for any project or for any facilities related thereto, including, but not limited to, the cost of all land, estates for years, easements, rights, improvements, water rights, connections for utility services, fees, franchises, permits, approvals, licenses, and cer tificates; the cost of securing any such franchises, permits, approvals, licenses, or certificates; and the cost of preparation of any application therefor and the cost of all fixtures, machin ery, equipment (including all transportation equipment and rolling stock), furniture, and other property used in or in connection with or necessary for any project;

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(C) All financing charges and loan fees and all interest on bonds, notes, or other obli gations of a district which accrue or are paid prior to and during the period of construction of a project and during such additional period as the board may reasonably determine to be necessary to place such project in operation;
(D) All costs of engineering, surveying, and architectural and legal services and all expenses incurred by engineers, surveyors, architects, and attorneys in connection with any project;
(E) All expenses for inspection of any project;
(F) All fees of fiscal agents, paying agents, and trustees for bondholders under any trust agreement, indenture of trust, or similar instrument or agreement; all expenses in curred by any such fiscal agents, paying agents, and trustees; and all other costs and ex penses incurred relative to the issuance of any bonds, notes, or other obligations for any projects;
(G) All expenses of or incidental to determining the feasibility or practicability of any project;
(H) All costs of plans and specifications for any project;
(I) All costs of title insurance and examinations of title with respect to any project;
(J) Repayment of any loans made for the advance payment of any part of any of the foregoing costs, including interest thereon and any other expenses of such loans;
(K) Administrative expenses of the board and such other expenses as may be neces sary or incidental to any project or the financing thereof or the placing of any project in operation; and
(L) The establishment of a fund or funds for the creation of a debt service reserve, a renewal and replacement reserve or such other funds or reserves as the board may approve with respect to the financing and operation of any project and as may be authorized by any bond resolution, trust agreement, indenture of trust, or similar instrument or agreement pursuant to the provisions of which the issuance of any bonds, notes, or other obligations of the district may be authorized.
Any cost, obligation, or expense incurred for any of the foregoing purposes shall be a part of the cost of the project and may be paid or reimbursed as such out of proceeds of bonds, notes, or other obligations issued by the district.
(6) "District" means the geographical area designated as such by the resolution of the governing body or consenting to the creation of the community improvement district or as thereafter modified by any subsequent resolution of the governing body or bodies within which the district is or is to be located, or a body corporate and politic being a community improvement district created and activated pursuant thereto, as the context requires or permits.
(7) "Electors" means the owners of real property within the district which is then subject to taxes, fees, and assessments levied by the board, as appear on the most recent ad valorem real property tax return records of Fulton County, or one officer or director of a corporate elector, one trustee of a trust which is an elector, one partner of a partnership elector, or one designated representative of an elector whose designation is made in writing to the Fulton County Tax Commissioner, on a form satisfactory to that commissioner, at least eight days prior to an election. An owner of multiple parcels has one vote, not one vote per parcel. Multiple owners of one parcel have one vote which must be cast by one of their number who is designated in writing by such multiple owners as their elector.
(8) "Equitably apportioned among the properties subject to such taxes, fees, and as sessments according to the need for governmental services and facilities created by the de gree of density of development of each such property," with reference to taxes, fees, and assessments levied by the board, means that the burden of the taxes, fees, and assessments

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shall be apportioned among the properties subject thereto based upon the values established in the most recent ad valorem tax reassessment of such properties certified by the chairman of the Fulton County Board of Tax Assessors.
(9) "Forestry" means the planting and growing of trees for sale in a program which includes reforestation of harvested trees, regular underbrush and undesirable growth clean ing, fertilizing, pruning, thinning, cruising, and marking which indicate an active tree-farm ing operation; it does not include the casual growing of trees on land otherwise idle or held for investment, even though some harvesting of trees may occur thereon.
(10) "Hereby," "herein," "hereinafter," and "herewith" have the meanings generally ascribed to these words.
(11) "Project" means the acquisition, construction, installation, modification, renova tion, or rehabilitation of land, interests in land, buildings, structures, facilities, or other im provements located or to be located within the district, and the acquisition, installation, modification, renovation, rehabilitation, or furnishing of fixtures, machinery, equipment, furniture, or other property of any nature whatsoever used on, in, or in connection with any such land, interest in land, building, structure, facility, or other improvement, all for the essential public purposes set forth in Section 2 of this Act.
(12) "Property owner" or "owner of real property" means any entity or person shown as a taxpayer for one or more parcels of real estate on the most recent ad valorem tax records of Fulton County within the district as certified by the Fulton County Tax Commis sioner. Multiple owners of one parcel shall constitute one property owner and shall desig nate in writing one of their number to represent the whole.
(13) "Property used nonresidentially" means property used for neighborhood shop ping, planned shopping center, general commercial, tourist services, office or institutional, office services, light industry, heavy industry, central business district, or other commercial or business use which does not include residential.
(14) "Taxpayer" means any entity or person paying ad valorem taxes on real property, whether one or more parcels of property within the district. Multiple owners of one parcel shall constitute one taxpayer and shall designate in writing one of their number to represent the whole.
Section 4. Creation. Pursuant to Article IX, Section VII of the Constitution of the State of Georgia, as amended in 1984 (said amendment being set out at Ga. L. 1984, p. 1703 et seq.) there is created one or more community improvement districts to be located in Fulton County, Georgia, wholly within the unincorporated area thereof, each of which shall be activated upon compliance with the conditions hereinafter provided and which shall be governed by a board as hereinafter constituted. The conditions for such activation shall be:
(1) The adoption of a resolution consenting to the creation of each community im provement district by the Fulton County Board of Commissioners, which resolution shall impose such conditions on the projects and activities which may be undertaken as will en sure their compatibility with adopted county policies and planning for the area; and
(2) Written consent to the creation of the community improvement district by:
(A) A majority of the owners of real property within the district which will be subject to taxes, fees, and assessments levied by the board of the district;
(B) The owners of real property within the district which constitutes at least 75 per cent by value of all real property within the district which will be subject to taxes, fees, and assessments levied by the board and for this purpose value shall be determined by the most recent approved county ad valorem tax digest; and
(C) The written consent provided for above shall be submitted to the Fulton County Tax Commissioner who shall certify whether subparagraphs (A) and (B) of this paragraph have been satisfied with respect to each such proposed district.

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No district or board created hereunder shall transact any business or exercise any powers hereunder until the foregoing conditions are met. A copy of such resolutions shall be filed with the Secretary of State who shall maintain a record of all districts activated hereunder and a second copy shall be filed with the Department of Community Affairs.
Section 5. Administration, appointment, and election of board members, (a) Each dis trict created pursuant hereto shall be administered by a board composed of seven members to be appointed and elected as hereinafter provided. Two board members shall be appointed by the Fulton County Board of Commissioners and the remaining board members shall be elected by the owners of real property within the district subject to taxes, fees, and assess ments levied by the board. The appointed board members shall serve at the pleasure of the governing body which appointed same, respectively. The initial elected board members shall serve for terms of office as follows: two shall serve for two years, and the remaining board members shall serve for four years. Thereafter, all terms of office shall be for four years, except the appointed members who serve at the pleasure of the governing body which ap pointed them.
(b) The initial board members to be elected as provided herein shall be elected in a caucus of electors which shall be held within 60 days after the adoption of the resolutions and obtaining the written consents herein provided at such time and place within the dis trict as the Fulton County Board of Commissioners shall designate after notice thereof shall have been given to said electors by 1) publishing same in the legal organ of Fulton County as hereinafter provided and 2) contacting each elector by U.S. mail at the address indicated in the property tax rolls. Thereafter, there shall be conducted biennially, not later than 60 days following the last day for filing ad valorem property tax returns in Fulton County, a caucus of said electors at such time and place within the district as the board shall designate in such notice for the purpose of electing board members to those positions which have terms expiring or are vacant. If a vacancy occurs in an elected position on the board, the board shall, within 60 days thereafter, call a special election to fill the same to be held within 60 days of the call unless such vacancy occurs within 180 days of the next regularly scheduled election, in which case a special election may, but need not, be called. For any election held hereunder, notice of said election shall be given the electors by 1) publishing notice thereof in the legal organ of Fulton County on four dates at least 45 days, 31 days, 17 days, and 10 days, respectively, prior to such election, and 2) by contacting each elector at least 31 days prior to such election by U.S. mail at the address indicated in the property tax rolls.
(c) The elected board members shall be subject to recall as any other elected public official by the electors hereinabove defined.
(d) Elected board members shall be elected within the district. If such a board mem ber ceases to be an elector, such board member's position shall be declared vacant as of the date of the event terminating such status.
(e) The board members shall receive no compensation for their services but shall be reimbursed for actual expenses incurred in the performance of their duties. They shall elect one of their members as chairman and another as vice-chairman and shall also elect a secre tary and a treasurer or a secretary-treasurer, either of whom may but need not be a member of the board.
Section 6. Taxes, fees, and assessments, (a) The board may levy taxes, fees, and as sessments within the district only on real property, specifically excluding all property ex empt from ad valorem taxation under the Constitution or laws of the State of Georgia and all property used for residential, agricultural, or forestry purposes and specifically excluding tangible personal property and intangible property. Any tax, fee, or assessment so levied shall not exceed 2 '/> percent of the aggregate assessed value of all such real property. The taxes, fees, and assessments levied by the board upon the properties shall be equitably ap portioned among the properties according to the need for governmental services and facili ties created by the degree of density of development within the district and not for the purpose of providing those governmental services and facilities provided to the county or

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municipality as a whole. Any tax, fee, or assessment so levied shall be collected by Fulton County in the same manner as taxes, fees, and assessments are levied by the county. Delin quent taxes shall bear the same interest and penalties as Fulton County ad valorem taxes and may be enforced and collected in the same manner. The proceeds of taxes, fees, and assessments so levied, less a fee to cover the costs of collection of 1 percent thereof, but not more than $25,000.00 in any one calendar year, shall be transmitted by Fulton County to the board and shall be expended by the board only for the purposes authorized hereby.
(b) The board shall levy the above-provided taxes between January 1 and June 1 each calendar year and notify in writing the collecting governing body by June 15 each year so it may include the levy on its regular ad valorem tax bills.
(c) If a parcel of real property is removed from a district or otherwise would become nontaxable it shall continue to bear its tax millage then extant upon such event for bonded indebtedness of the district then outstanding until said bonded indebtedness then outstand ing is paid or refunded.
Section 7. Boundaries of the districts, (a) The boundaries of each district shall be as designated as such by the Fulton County Board of Commissioners as set forth in the resolu tions required in Section 4 hereof, or as may thereafter be added as hereinafter provided.
(b) The boundaries of a district may be increased after the initial creation of a district pursuant to the following:
(1) Written consent of a majority of the owners of real property within the area sought to be annexed and which will be subject to taxes, fees, and assessments levied by the board of the district is first obtained;
(2) Written consent of owners of real property within the area sought to be annexed which constitutes at least 75 percent by value of the property which will be subject to taxes, fees, and assessments levied by the board and for this purpose value shall be determined by the most recent approved county ad valorem tax digest;
(3) The adoption of a resolution consenting to the annexation by the board of the district; and
(4) The adoption of a resolution consenting to the annexation by the governing au thority of Fulton County.
Section 8. Debt. Each district may incur debt without regard to the requirements of Article IX, Section V of the Constitution of Georgia, or any other provision of law prohibit ing or restricting the borrowing of money or the creation of debt by political subdivisions of the State of Georgia, which debt shall be backed by the full faith, credit, and taxing power of the district but shall not be an obligation of the State of Georgia or any other unit of government of the State of Georgia other than the district.
Section 9. Cooperation with local governments. The services and facilities provided pursuant hereto shall be provided for in a cooperation agreement executed jointly by the board and the governing body of Fulton County. The provisions of this section shall in no way limit the authority of Fulton County to provide services or facilities within the district; and Fulton County shall retain full and complete authority and control over any of its facili ties located within any district. Said control shall include but not be limited to the modifica tion of, access to, and degree and type of services provided through or by facilities of the county. Nothing contained in this section shall be construed to limit or preempt the applica tion of any governmental laws, ordinances, resolutions, or regulations to the district or the services or facilities provided therein.
Section 10. Board, district powers, (a) Each district and its board created pursuant hereto shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions hereof, including, without limiting the generality of the foregoing, the power:
(1) To bring and defend actions;

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(2) To adopt and amend a corporate seal;
(3) To make and execute contracts, agreements, and other instruments necessary or convenient to exercise the powers of the board or to further the public purposes for which the district is created, including, but not limited to, contracts for construction of projects, leases of projects, contracts for sale of projects, agreements for loans to finance projects, and contracts with respect to the use of projects;
(4) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character, or any interest therein, in furtherance of the public purposes of the district;
(5) To finance (by loan, grant, lease, or otherwise), construct, erect, assemble, purchase, acquire, own, repair, remodel, renovate, rehabilitate, modify, maintain, extend, improve, install, sell, equip, expand, add to, operate, or manage projects and to pay the cost of any project from the proceeds of bonds, notes, or other obligations of the district or any other funds of the district, or from any contributions or loans by persons, corporations, partnerships (whether limited or general), or other entities, all of which the board is author ized to receive, accept, and use;
(6) To borrow money to further or carry out its public purposes and to execute bonds, notes, other obligations, leases, trust indentures, trust agreements, agreements for the sale of its bonds, notes, or other obligations, loan agreements, security agreements, assignments, and such other agreements or instruments as may be necessary or desirable, in the judgment of the board, to evidence and to provide security for such borrowing;
(7) To issue bonds, notes, or other obligations of the district and use the proceeds thereof for the purpose of paying all or any part of the cost of any project and otherwise to further or carry out the public purposes of the district and to pay all costs of the board incidental to, or necessary and appropriate to, furthering or carrying out such purposes;
(8) To make application directly or indirectly to any federal, state, county, or munici pal government or agency or to any other source, whether public or private, for loans, grants, guarantees, or other financial assistance in furtherance of the district's public pur poses and to accept and use the same upon such terms and conditions as are prescribed by such federal, state, county, or municipal government or agency or other source;
(9) To enter into agreements with the federal government or any agency thereof to use the facilities or services of the federal government or any agency thereof in order to further or carry out the public purposes of the district;
(10) To contract for any period, not exceeding 50 years, with the State of Georgia, state institutions, or a municipal corporation, county, or political subdivision of this state for the use by the district of any facilities or services of the state or any such state institu tion, municipal corporation, county, or political subdivision of this state, or for the use by any state institution or any municipal corporation, county, or political subdivision of the state of any facilities or services of the district, provided that such contracts shall deal with such activities and transactions as the district and any such political subdivision with which the district contracts are authorized by law to undertake;
(11) To receive and use the proceeds of any tax levied by any county or any municipal corporation to pay the costs of any project or for any other purpose for which the board may use its own funds pursuant hereto;
(12) To receive and administer gifts, grants, and devises of money and property of any kind and to administer trusts;
(13) To use any real property, personal property, or fixtures or any interest therein or to rent or lease such property to or from others or make contracts with respect to the use thereof or to sell, lease, exchange, transfer, assign, pledge, or otherwise dispose of or grant options for any such property in any manner as it deems to be to the best advantage of the district and the public purposes thereof;

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(14) To appoint, select, and employ engineers, surveyors, architects, urban or city planners, fiscal agents, attorneys, and others and to fix their compensation and pay their expenses;
(15) To encourage and promote the improvement and development of the district and to make, contract for, or otherwise cause to be made long-range plans or proposals for the district in cooperation with Fulton County;
(16) To adopt bylaws governing the conduct of business by the board, the election and duties of officers of the board, and other matters which the board determines to deal with in its bylaws;
(17) To exercise any power granted by the laws of this state to public or private corpo rations which is not in conflict with the public purposes of the district; and
(18) To do all things necessary or convenient to carry out the powers conferred hereby.
(b) The powers enumerated in each paragraph of this section are cumulative of and in addition to those powers enumerated herein and elsewhere in this Act; and no such power limits or restricts any other power of the board.
Section 11. Bonds--generally, (a) Notes or other obligations issued by a district, other than general obligation bonds, shall be paid solely from the property pledged to pay such notes or other obligations. General obligation bonds issued by any district shall consti tute a general obligation of the district to the repayment of which the full faith, credit, and taxing power of the district shall be pledged.
(b) All bonds, notes, and other obligations of any district shall be authorized by reso lution of its board.
(c) Bonds, notes, or other obligations shall bear such date or dates, shall mature at such time or times (not more than 40 years from their respective dates), shall bear interest at such rate or rates (which may be fixed or may fluctuate or otherwise change from time to time), shall be subject to redemption on such terms, and shall contain such other terms, provisions, covenants, assignments, and conditions as the resolution authorizing the issuance of such bonds, notes, or other obligations may permit or provide. The terms, provisions, covenants, assignments, and conditions contained in or provided or permitted by any resolu tion of the board authorizing the issuance of such bonds, notes, or other obligations shall bind the board members of the district then in office and their successors.
(d) The board shall have power from time to time and whenever it deems it expedient to refund any bonds by the issuance of new bonds, whether or not the bonds to be refunded have matured, and may issue bonds partly to refund bonds then outstanding and partly for any other purpose permitted hereunder. The refunding bonds may be exchanged for the bonds to be refunded, with such cash adjustments as may be agreed upon, or may be sold and the proceeds applied to the purchase or redemption of the bonds to be refunded.
(e) There shall be no limitation upon the interest rates of any maximum interest rate or rates on any bonds, notes, or other obligations of the district; and the usury laws of this state shall not apply to bonds, notes, or other obligations of these districts.
(f) Bonds issued by a district may be in such form, either coupon or fully registered, or both coupon and fully registered, and may be subject to such exchangeability and transferability provisions as the bond resolution authorizing the issuance of such bonds or any indenture or trust agreement may provide.
(g) Bonds shall bear a certificate of validation. The signature of the clerk of the Supe rior Court of Fulton County may be made on the certificate of validation of such bonds by facsimile or by manual execution, stating the date on which such bonds were validated; and such entry shall be original evidence in any court in this state.
(h) In lieu of specifying the rate or rates of interest which such bonds are to bear, and the principal amount and maturities of such said bonds, the notice to the district attorney

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or the Attorney General, the notice to the public of the time, place, and date of the valida tion hearing, and the petition and complaint for validation may state that the bonds when issued will bear interest at a rate not exceeding a maximum per annum rate of interest (which may be fixed or may fluctuate or otherwise change from time to time) and that the principal amount will not exceed and the final maturity date will not be later than as speci fied in such notices and petition and complaint or may state that, in the event the bonds are to bear different rates of interest for different maturity dates, none of such rates will exceed the maximum rate (which may be fixed or may fluctuate or otherwise change from time to time) so specified; provided, however, that nothing in this section shall be construed as prohibiting or restricting the right of a board to sell such bonds at a discount, even if in doing so the effective interest cost resulting therefrom would exceed the maximum per an num interest rate specified in such notices and in the petition and complaint.
(i) The terms "cost of the project" and "cost of any project" shall have the meaning prescribed herein whenever those terms are referred to in bond resolutions of a board, in bonds, notes, or other obligations of the districts, or in notices of proceedings to validate such bonds, notes, or other obligations of a district.
Section 12. Authorized contents of agreements and instruments of the board generally; use of proceeds of sale of bonds, notes, etc.; subsequent issues of bonds, notes, etc. (a) Sub ject to the limitations and procedures provided by this section and by the immediately pre ceding section, the agreements or instruments executed by a board may contain such provi sions not inconsistent with law as shall be determined by such board.
(b) The proceeds derived from the sale of all bonds, notes, and other obligations is sued by a district shall be held and used for the ultimate purpose of paying, directly or indirectly as permitted herein, all or part of the cost of any project, or for the purpose of refunding any bonds, notes, or other obligations issued in accordance hereunder.
(c) Issuance by a board of one or more series of bonds, notes, or other obligations for one or more purposes shall not preclude it from issuing other bonds, notes, or other obliga tions in connection with the same project or with any other project; but the proceeding wherein any subsequent bonds, notes, or other obligations are issued shall recognize and protect any prior loan agreement, security agreement, or other agreement or instrument made for any prior issue of bonds, notes, or other obligations, unless in the resolution au thorizing such prior issue the right is expressly reserved to the board to issue subsequent bonds, notes, or other obligations on a parity with such prior issue.
Section 13. Construction; applicability of Chapter 5 of Title 10 of the O.C.G.A., the "Georgia Securities Act of 1973"; notice, proceeding, publication, referendum. This Act shall be liberally construed to effect the purposes hereof. The offer, sale, or issuance of bonds, notes, or other obligations by a district shall not be subject to regulation under Chapter 5 of Title 10 of the O.C.G.A., the "Georgia Securities Act of 1973." No notice, proceeding, or publication except those required hereby shall be necessary to the performance of any act authorized hereby, nor shall any such act be subject to referendum.
Section 14. Dissolution, (a) Any district activated under the provisions of this Act may be dissolved. The conditions for such dissolution shall be:
(1) The adoption of a resolution approving of the dissolution of each community im provement district by the Fulton County Board of Commissioners; and
(2) The written consent to the dissolution of the community improvement district by:
(A) Two-thirds (67 percent) of the owners of real property within the district which are subject to taxes, fees, and assessments levied by the board of the district;
(B) The owners of real property constituting at least 75 percent by value of all real property within the district which are to be subject to taxes, fees, and assessments levied by the board and for this purpose value shall be determined by the most recent approved county ad valorem tax digest; and
(C) The written consent provided for above shall be submitted to the Fulton County

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tax commissioner, who shall certify whether subparagraphs (A) and (B) of this paragraph have been satisfied with respect to each proposed district dissolution.
(b) In the event that successful action is taken pursuant to this section to dissolve the district, the dissolution shall become effective at such time as all debt obligations of the district have been satisfied. Following a successful dissolution action and until the dissolu tion becomes effective no new projects may be undertaken, obligations or debts incurred, or property acquired.
(c) When a dissolution becomes effective, the county governing authority shall take title to all property previously in the ownership of the district and all taxes, fees, and assess ments of the district shall cease to be levied and collected.
(d) A district may be reactivated in the same manner as an original activation.
Section 15. Repealer. All laws and parts of laws in conflict with this Act are repealed.

Senator Langford of the 35th moved that the Senate agree to the House substitute to SB 284.

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes
Bowen Broun of 46th
Brown of 47th Cbuorvrletaomnntan Coverdell
Dawkins D ea i Dean Echols Edge

English Engram Foster Garner Gillis
Harris Harrison
Rine HHTTouwdi &alrnds Huggins
Kidd Land Langford McGill McKenzie

Newbill Olmstead Peevy Perry Phillips
Ragan Ray
Scott of 2nd ^Sr.ticaortrt of 36th Stumbaugh
Tate Timmons Tolleson Turner Tysinger

Those not voting were Senators:

Brannon Crumbley

Fincher Kennedy (presiding)

Shumake Walker

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 284.

Senator Huggins moved that Senator Brannon of the 51st be excused from the Senate and all Senate roll calls for the remainder of today's session due to his attending a funeral.

On the motion, the yeas were 29, nays 0; the motion prevailed, and Senator Brannon of the 51st was excused from the Senate and all Senate roll calls for the remainder of today's

Senator Tate of the 38th moved that Senator Walker of the 43rd be excused from the Senate and all Senate roll calls for the remainder of today's session due to an emergency.

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On the motion, the yeas were 34, nays 0; the motion prevailed, and Senator Walker of the 43rd was excused from the Senate and all Senate roll calls for the remainder of today's session.

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

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, em ployee, or agent of such political subdivision shall not have a cause of action against such political subdivision for such injury.

The Senate Committee on Judiciary offered the following amendment:
Amend SB 68 by striking line 18 of page 1 in its entirety and substituting in lieu thereof the following:
"of this state and who suffers an injury as a result of said criminal act which is not".

On the adoption of the amendment, the yeas were 29, nays 0, and the amendment was adopted.

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

English Engram Fincher Foster Garner Gillis Harris Harrison Hine Hudgins Huggins Kidd Land Langford McGill McKenzie

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

Those not voting were Senators:

Barker Brannon (excused) Bryant

Howard Kennedy (presiding)

Shumake Walker (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.

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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.

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

On the passage 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 Dawkins Deal Dean

Echols Edge English Engram Foster Garner Harris Harrison Hine Hudgins Huggins Kidd Land Langford McGill

McKenzie Newbill Olmstead Peevy Perry Phillips
Ragan Ray Shumake Starr Stumbaugh Tate Tolleson Turner Tysinger

Those not voting were Senators:

Barker Brannon (excused) Fincher Gillis

Howard Kennedy (presiding) Scott of 2nd

Scott of 36th Timmons Walker (excused)

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

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

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.

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

On the passage 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 Dean

MONDAY, MARCH 2, 1987

1265

Echols Edge English Engram Footer" GG.-, iallrinser Harris Harrison Hine Howard

Hudgins Muggins Kidd Langford McGi11 MNecwKble1n1,zie Olmstead Peevy Perry Phillips

Ragan Ray Scott of 2nd Scott of 36th Sta" TStautme baug"h Timmons Tolleson Turner Tysinger

Those not voting were Senators:

Barker Brannon (excused) Coleman

Dawkins Deal Kennedy (presiding)

Land Shumake Walker (excused)

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

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

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.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes BrB,,BBtorrrooywwuaennnnt oofcf,, 4i4,s6,,7mt.th,h Burton Coverdell
Crumbley Dawkins Deal Dean Echols

Edge English Engram Fincher Foster GHG,H/-,1i-iaa1lnrr1hen-rsi.esr Howard Huggins
Kidd Langford McGill Newbill Olmstead

Peevy Perry Phillips Ragan jjay qOSS00CTMh,cOouL,ttm,Ltt an0ok1.ffee9z3QnnC6Hut.,h btarr Stumbaugh
Tate Timmons Tolleson Turner Tysinger

Those not voting were Senators:

Brannon (excused) Coleman Harrison

Hudgins Kennedy (presiding) Land

McKenzie Walker (excused)

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JOURNAL OF THE SENATE

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

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

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

HB 585. By Representative Randall of the 101st:
A bill to amend Code Section 15-10-27 of the Official Code of Georgia Annotated, relating to continuation of certain county civil court officials as magistrate court officials, so as to provide that a civil court judge who appoints an attorney or another trial judge to act as judge pro tempore of the civil court may provide that the attorney or judge so appointed shall also serve as magistrate pro tempore for the magistrate court.
Referred to Committee on Judiciary.

HB 720. By Representative Pinkston of the 100th:
A bill to amend Article 6 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to business development corporations, so as to increase the maximum amount of certain loans that members may make to business develop ment corporations; to modify the manner in which calls for member loans made by a business development corporation shall be apportioned among its members.
Referred to Committee on Banking and Finance.

HR 265. By Representative Ricketson of the 82nd: A resolution compensating Mr. William E. Wilder in the sum of $36,500.00.
Referred to Committee on Appropriations.

HR 270. By Representative Randall of the 101st:
A resolution compensating Mrs. Frans Reid on behalf of Loverne Terrell Matlock in the sum of $469.20. Referred to Committee on Appropriations.

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

SB 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.

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

On the passage of the 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

MONDAY, MARCH 2, 1987

1267

Crumbley Dawkins Deal Dean
Fincher Foster Garner Gillis Harris

Hine Howard Hudgins Huggins Kidd Langford McGi11
McKenzie Newbill Olmstead Peevy Perry

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

Those not voting were Senators:

Brannon (excused) Harrison

Kennedy (presiding) Land

Ray Walker (excused)

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

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

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.

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

On the passage of the 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, BBrroywannt of 47th
Burton Coverdell Crumbley Deal Dean Echols Edge

English Engram Fincher Foster Garner
Hflrris u" arnson
Hlne Hudgins Huggins Kidd Langford McGill McKenzie

Newbill Olmstead Peevy Perry Phillips
Sc co\tt ,fc 3oe6^thu
Shumake Stumbaugh Tate Timmons Tolleson Turner Tysinger

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JOURNAL OF THE SENATE

Those not voting were Senators:

Brannon (excused) Coleman Dawkins

Howard Kennedy (presiding) Land

Scott of 2nd Starr Walker (excused)

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

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

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.

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

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 Brown of 47th Bryant Burton Coverdell Crumbley Deal Dean Echols Edge Engram

Fincher Foster Garner Gillis Harris Harrison Hine Huggins Kidd Langford McGill McKenzie Newbill Olmstead

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

Voting in the negative were Senators Broun of 46th and Peevy.

Those not voting were Senators:

Albert Bowen Brannon (excused) Coleman

Dawkins English Howard Hudgins

Kennedy (presiding) Land Walker (excused)

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

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

SR 20. By Senator Burton of the 5th:
A resolution cresting the Senate Study Committee for Seat Belts on School Buses.

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

MONDAY, MARCH 2, 1987

1269

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 Coverdell Crumbley Deal Dean
Echols

Edge English Engram Fincher Foster Garner Gillis Harris Harrison Hine Land Langford McGill McKenzie Newbill

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

Those not voting were Senators:

Brannon (excused) Brown of 47th Dawkins Howard

Hudgins Huggins Kennedy (presiding)

Kidd Timmons Walker (excused)

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

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

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.

The Senate Committee on Rules offered the following amendment:
Amend SR 78 by striking from line 16 on page 3 the figure "31" and substituting in lieu thereof the figure "15".

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 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 Barker Barnes Bowen Broun of 46th Brown of 47th Bryant

Crumbley Deal Dean Echols Edge English Engram Fincher

Foster Garner Gillis Harris Harrison Hine Howard Huggins

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JOURNAL OF THE SENATE

Kidd
Langford McGill McKenzie Olmstead
Peevy

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

Starr Stumbaugh
Timmons Turner

Those voting in the negative were Senators:

Burton Coverdell Land

Newbill Phillips

Tolleson Tysinger

Those not voting were Senators:

Baldwin Brannon (excused) Coleman

Dawkins Hudgins

Kennedy (presiding) Walker (excused)

On the adoption of the resolution, the yeas were 41, nays 7.

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

SR 126. By Senator Howard of the 42nd:
A resolution creating the Economic Development Through Historic Preservation Joint Study Committee.

The Senate Committee on Rules offered the following amendment:
Amend SR 126 by striking from line 4 of page 3 the figure "31" and substituting in lieu thereof the figure "15".

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

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

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

Those voting in the affirmative were Senators:

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

Echols Edge English Engram Fincher Foster Harris Harrison Hine 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

MONDAY, MARCH 2, 1987

1271

Those not voting were Senators:

Brannon (excused) Garner Gillis

Hudgins Kennedy (presiding)

Tate Walker (excused)

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

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

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.

The Senate Committee on Rules offered the following amendment:
Amend SR 161 by striking from line 13 on page 2 the figure "1" and substituting in lieu thereof the figure "15".

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

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

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

Those voting in the affirmative were Senators:

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

English Engram Fincher Foster Garner Gillis Harris Harrison Hine 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 Tolleson Turner Tysinger

Those not voting were Senators:

Brannon (excused) Dean

Hudgins Kennedy (presiding)

Walker (excui

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

1272

JOURNAL OF THE SENATE

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

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.

The Senate Committee on Rules offered the following amendment:
Amend SR 162 by striking lines 16 through 25 on page 1 in their entirety and substitut ing in lieu thereof the following:
"Committee to be composed of nine members of the Senate to be appointed by the President of the Senate."
By striking from line 21 on page 2 the figure "31" and substituting in lieu thereof the figure "15".

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 adoption of the resolution as amended, was agreed to.

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

Those voting in the affirmative were Senators:

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

English Engram Fincher Foster Garner Harris Harrison Hine 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

Those not voting were Senators:

Brannon (excused) Brown of 47th Dean

Gillis Hudgins Kennedy (presiding)

Tolleson Walker (excused)

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

MONDAY, MARCH 2, 1987

1273

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

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.

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 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 Timmons Turner Tysinger

Brannon (excused) Gillis

Hudgins Kennedy (presiding)

Tolleson Walker (excused)

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

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

Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced that the Senate would stand in recess from 12:30 o'clock P.M. until 2:00 o'clock P.M.

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

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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:
HB 598. By Representative Galer of the 97th:
A bill to amend Article 3 of Chapter 7 of Title 53 of the Official Code of Georgia Annotated, relating to appraisement and inventory of estates, so as to change the circumstances under which an executor shall be required to file inventories and returns.
HB 624. By Representatives Randall of the 101st and Martin of the 26th:
A bill to amend Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, so as to make certain editorial changes; to remove the limita tion on the amounts of funds for which the judge of the probate court may be custodian; to make such custodianship discretionary; to provide that guardian ships may be established in certain cases; to provide for increases in the amount of bond of the judge.
HB 189. By Representatives Thompson of the 20th, Bailey of the 72nd, Thomas of the 69th, Chambless of the 133rd, Waldrep of the 80th and others:
A bill to amend Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to change the penalties for certain sexual offenses; to provide for minimum mandatory sentencing of persons convicted of certain sexual offenses against minors.
HB 908. By Representative Ramsey of the 3rd:
A bill to amend Article 3 of Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to taxation of intangibles, so as to remove the limit on the maximum amount of intangible recording tax payable; to convert the intangible recording tax to a documentary tax.
HB 614. By Representatives Groover of the 99th, Chambless of the 133rd, Robinson of the 96th and Thomas of the 69th:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to create the offices of Senior Appellate Court Justice and Senior Appellate Court Judge.
HB 843. By Representative Groover of the 99th:
A bill to amend Code Section 50-16-17 of the Official Code of Georgia Annotated, relating to the authorizing of units or instrumentalities of government to act as parties in courts in cases pertaining to property, so as to clarify that such cases pertain to real property.
HB 657. By Representatives Pannell of the 122nd and Robinson of the 96th:
A bill to amend Article 6 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to trials under the "Georgia Civil Practice Act", so as to pro vide under what conditions findings of fact and conclusions of law must accom pany the judgment of a court of record.

MONDAY, MARCH 2, 1987

1275

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

HR 310. By Representatives Aiken of the 21st, Atkins of the 21st, Wilder of the 21st, Gresham of the 21st, Lawler of the 20th and others:
A resolution creating the Cobb County Court Consolidation Plan Study Committee.

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 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.
Senate Sponsor: Senator Scott of the 36th.

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

On the passage 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 BBuryrtaonnt
Coleman
Crumbley
Dawkins Deal

Dean Echols Edge S' lliS HHianreris
Huggins
Kennedy
McKenzie Newbill

Olmstead Peevy Phillips Scott of 2nd S,, co,t,t of, 3,,,,6.t,h
Shumake
Stumbaugh
Turner Tysinger

Those not voting were Senators:

Barker Bowen Brannon (excused) Broun of 46th Brown of 47th Coverdell English
Engram
Fincher

Foster Garner Harrison Howard Hudgins Kidd Land
Langford
McGill

Perry Ragan ^ay Starr _ late Timmons
Tolleson
Walker (excused)

On the passage of the bill, the yeas were 29, nays 0.

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

1276

JOURNAL OF THE SENATE

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.
Senate Sponsor: Senator Barnes of the 33rd.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bryant Burton Coleman Crumbley Dawkins Dean Echols

Edge Garner Gillis Harris Harrison Hine Huggins Kidd McKenzie Newbill Olmstead

Peevy Phillips Ragan Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tolleson Turner Tysinger

Those not voting were Senators:

Barker
Bowen Brannon (excused) Broun of 46th Brown of 47th Coverdell Deal
English

Engram Fincher Foster
Hudgins Kennedy Land

Langford McGill Perry
Tate Timmons Walker (excused)

On the adoption of the resolution, the yeas were 33, nays 0.

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

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.
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

Bowen Broun of 46th Brown of 47th

Bryant Burton Coleman

MONDAY, MARCH 2, 1987

1277

Coverdell Crumbley Deal Dean Echols Edge Engram Fincher Foster Garner Gillis

Harris Harrison Hine Huggins Kennedy Kidd McKenzie Newbill Olmstead Peevy Perry

Phillips Ragan Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tolleson Turner Tysinger

Those not voting were Senators:

Barker Barnes Brannon (excused) Dawkins English

Howard Hudgins Land Langford McGill

Ray Tate Timmons Walker (excused)

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

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

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.
Senate Sponsor: Senator Broun of the 46th.

Senator Barnes of the 33rd offered the following amendment:
Amend HB 804 by inserting on line 26 of page 1 between "patented." and the quotation marks the following:
"This limitation shall not be interpreted by any court of law to include or otherwise exempt from inspection the records of any athletic association or other nonprofit entity pro moting intercollegiate athletics."

On the adoption of the amendment, the yeas were 43, nays 0, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen

Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell

Crumbley Dawkins Deal Dean Echols Edge

1278

JOURNAL OF THE SENATE

Engram Fincher Foster Garner Gillis Harris Harrison Hine Huggins

Kennedy Kidd Land Langford McKenzie Newbill Olmstead Peevy Perry

Phillips Ragan Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Turner Tysinger

Those not voting were Senators:

Brannon (excused) English Howard Hudgins

McGill Ray Tate

Timmons Tolleson Walker (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.

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

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.

Senator Scott of the 2nd moved that the Senate insist upon the Senate amendment to HR98.

On the motion, the yeas were 31, nays 0; the motion prevailed, and the Senate insisted upon the Senate amendment to HR 98.

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

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.
Senate Sponsor: Senator Edge of the 28th.

The Senate Committee on Special Judiciary offered the following substitute to HB 17:

A BILL
To be entitled an Act 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 certain controlled substances, dangerous drugs, marijuana, alcoholic beverages, guns, pistols, or weapons; to provide definitions; to provide penalties; to repeal conflicting laws; and for other purposes.

MONDAY, MARCH 2, 1987

1279

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions affecting jails, is amended by adding at the end thereof a new Code section, to be designated Code Section 42-4-13, to read as follows:
"42-4-13. (a) As used in this Code section, the term:
(1) 'Alcoholic beverage' means and includes all alcohol, distilled spirits, beer, malt bev erage, wine, or fortified wine.
(2) 'Controlled substance' means a drug, substance, or immediate precursor in Sched ules III through V of Code Sections 16-13-27 through 16-13-29.
(3) 'Dangerous drug' has the same meaning as defined by Code Section 16-13-71.
(b) (1) Unless otherwise authorized by law, it shall be unlawful for an inmate of a jail to possess any controlled substance, dangerous drug, gun, pistol, or other dangerous weapon or any marijuana in a quantity of more than one ounce.
(2) Any person who violates paragraph (1) of this subsection shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than one nor more than five years.
(c) (1) Unless otherwise authorized by law, it shall be unlawful for an inmate of a jail to possess any alcoholic beverage or any marijuana in a quantity of one ounce or less.
(2) Any person who violates paragraph (1) of this subsection shall be guilty of a misdemeanor."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 34, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker 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 Huggins Kennedy Kidd Land McGill

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

Those not voting were Senators:

Brannon (excused) Howard Hudgins

Langford McKenzie

Timmons Walker (excused)

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

1280

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

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.
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 Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell Crumbley Dawkins Dean Echols

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

McGill Newbill Olmstead Perry Phillips Ragan Ray Scott of 36th Shumake Starr Stumbaugh Tate Tolleson Turner Tysinger

Voting in the negative were Senators Deal and Peevy.

Those not voting were Senators:

Brannon (excused) Howard Hudgins

McKenzie Scott of 2nd

Timmons Walker (excused)

On the passage of the bill, the yeas were 46, nays 2.

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

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

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.
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 Barker Barnes Bowen Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Garner Gillis Harris Harrison Hine Huggins Kidd Land Langford McGill Newbill

Those not voting were Senators:

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

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

Howard Hudgins Kennedy (presiding)

McKenzie Perry Walker (excused)

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

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

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.
Senate Sponsor: Senator Barnes of the 33rd.

Senator Barnes of the 33rd moved that HB 266 be postponed until March 3.

On the motion, the yeas were 41, nays 1; the motion prevailed, and HB 266 was post poned until March 3.

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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 541. By Representative Athon of the 57th: A bill to amend Article 6 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to anatomical gifts, so as to provide that a bank or storage facility must be licensed, accredited, or approved under the laws of this state; to provide that a hospital shall maintain a written cooperative agreement with at least one bank or storage facility for the purpose of procuring anatomical gifts.
HB 742. By Representatives Hanner of the 131st and Chambless of the 133rd: A bill to amend Article 3 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to records checks of employees of day-care centers, so as to change definitions.
The House has adopted by the requisite constitutional majority the following resolution of the House:
HR 176. By Representatives Byrd of the 153rd, Moody of the 153rd, Smith of the 152nd, Dixon of the 151st and Smith of the 156th: A resolution creating the Brunswick Judicial Circuit Study Committee.
The House has disagreed to the Senate amendment to the following resolution of the House:
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.
The House has passed by the requisite constitutional majority the following bills of the House:
HB 729. By Representative Bray of the 91st: A bill to amend Code Section 53-5-20 of the Official Code of Georgia Annotated, relating to conveyance or encumbrance by a surviving spouse of certain property set apart under year's support, so as to provide that such conveyance or encum brance shall be approved by the judge of the probate court of the county in which the year's support award was made.
HB 1035. By Representatives McDonald of the 12th, Murphy of the 18th and Walker of the 115th: A bill to amend Article 1 of Chapter 9 of Title 10 of the Official Code of Georgia Annotated, relating to general provisions affecting the Geo. L. Smith II Georgia World Congress Center, so as to authorize the Geo. L. Smith II Georgia World Congress Center Authority by contract to exercise its corporate powers with re spect to convention and trade show facilities of counties, municipalities, and local authorities.

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HB 1036. By Representatives McDonald of the 12th, Murphy of the 18th and Walker of the 115th:
A bill to amend Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, so as to confirm and provide that the Department of Community Affairs shall have the authority to make grants to counties and municipalities, or combinations thereof, for projects and purposes to the extent and for purposes set forth in appropriations to the department.
The House has adopted by the requisite constitutional majority the following resolution of the House:
HR 166. By Representatives Martin of the 26th, Orrock of the 30th, Hamilton of the 124th, Prichard of the 8th, Richardson of the 52nd and others:
A resolution directing the Department of Human Resources to prepare a report for the General Assembly on the impact of Acquired Immune Deficiency Syn drome (AIDS), AIDS Related Complex (ARC), and Human Immunodeficiency Virus (HIV) on the State of Georgia and the state's health care delivery system and to make recommendations.
The House has passed by the requisite constitutional majority the following bills of the House:
HB 172. By Representatives Lawler of the 20th, Cooper of the 20th, Thompson of the 20th and Wilson of the 20th:
A bill to amend Chapter 1 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions relative to motor vehicles and traffic, so as to pro hibit the attachment of stickers, decals, or similar devices containing profane words or describing sexual acts or excretory functions.
HB 463. By Representative Lawler of the 20th:
A bill to amend Code Section 12-12-10 of the Official Code of Georgia Annotated, relating to license requirements under the "Georgia Asbestos Safety Act", so as to exempt certain persons licensed under Title 43 of this Code from the license requirements and other provisions of the "Georgia Asbestos Safety Act".
HB 905. By Representatives Mangum of the 57th and Athon of the 57th:
A bill to amend Article 4 of Chapter 4 of Title 20 of the Official Code of Georgia Annotated, known as the "Georgia Proprietary School Act", so as to provide for certificates of authorization for proprietary schools in lieu of certificates of approval.
HB 859. By Representatives Lane of the lllth and Godbee of the 110th:
A bill to amend Code Section 46-1-1 of the Official Code of Georgia Annotated, relating to definitions of terms used in laws relating to public utilities and public transportation, so as to include in the definition of private carrier those motor vehicles engaged in the harvesting or transportation of forest products.
HB 974. By Representatives Jackson of the 83rd and Harris of the 84th:
A bill providing for a supplement to the compensation, expenses, and allowances of the judges of the Superior Court of the Augusta Judicial Circuit, so as to change the provisions relating to such supplement.

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HB 507. By Representatives Ware of the 77th, Groover of the 99th, Workman of the 51st and Colbert of the 23rd:
A bill to amend Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to group or blanket accident and sickness insurance, so as to provide for and authorize preferred provider arrangements.
HB 741. By Representatives Coleman of the 118th, Hanner of the 131st, Ramsey of the 3rd and Jackson of the 83rd:
A bill to amend Part 1 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, known as the "Jekyll Island--State Park Authority Act", so as to provide that prosecutions for violations of ordinances of the Jekyll Is land--State Park Authority shall be upon citation or upon accusation.
HB 815. By Representatives Adams of the 79th and Buck of the 95th:
A bill to amend Code Section 20-3-102 of the Official Code of Georgia Annotated, relating to exemptions from the "Postsecondary Educational Authorization Act of 1978", so as to change the provisions relating to the exemption for fully ac credited liberal arts colleges and universities.
HB 913. By Representatives Thompson of the 20th and Walker of the 115th:
A bill to amend Chapter 1 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions affecting domestic relations, so as to provide for a child abuse protocol among county agencies and offices.
HB 1010. By Representatives Jackson of the 83rd, Watts of the 41st, Barnett of the 10th, Dover of the llth, Bargeron of the 108th and others:
A bill to amend Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to licenses, permits, and stamps concerning game and fish generally, so as to change the criteria for issuing such permits.
HB 897. By Representatives Bostick of the 138th and Carter of the 146th:
A bill to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, so as to au thorize the State Personnel Board to contract with the Georgia Agrirama Devel opment Authority for the inclusion in the health insurance plan of employees of the authority and their spouses and dependent children.
HB 461. By Representatives Kilgore of the 42nd and Harris of the 84th:
A bill to amend Code Section 48-5-183 of the Official Code of Georgia Annotated, relating to the minimum salaries of tax collectors and tax commissioners, so as to change the minimum salaries of tax collectors and tax commissioners.
HB 610. By Representative Crosby of the 150th:
A bill to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation, so as to provide a monetary penalty against any public utility company which fails to file a timely tax return.
HB 611. By Representative Crosby of the 150th:
A bill to amend Code Section 48-2-18 of the Official Code of Georgia Annotated, relating to the State Board of Equalization, so as to change the time allowed for the state revenue commissioner to notify taxpayers of their proposed assessments.

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The House had adopted by the requisite constitutional majority the following resolu tions of the House:
HR 56. By Representative Mueller of the 126th: A resolution compensating Ms. Allene Persons.
HR 218. By Representative Padgett of the 86th: A resolution compensating Mr. Dorian Patrick Wells, Jr.
HR 254. By Representative Bannister of the 62nd: A resolution compensating Mr. Bryan Todd Fitzgerald.
The House has agreed to the Senate substitute, as amended by the House, to the fol lowing bill of the House:
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.
The President resumed the Chair.
The following general bill of the House, having been read the third time on February 26 and postponed until March 2, was put upon its passage:
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.
Senate Sponsor: Senator Barnes of the 33rd.
The Senate Committee on Governmental Operations offered the following substitute to HB 187:
A BILL
To be entitled an Act 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 others errors and omis sions in Chapter 5 of Title 21; to provide for necessary or appropriate revisions and modern izations of matters contained in Chapter 5 of Title 21; to change certain definitions regard ing ethics in government; to provide that the State Ethics Commission shall be a successor to the State Campaign and Financial Disclosure Commission; to change certain provisions limiting membership to one complete term and provide that members of the State Cam paign and Financial Disclosure Commission serving on March 1, 1987, shall be eligible for appointment as initial members of the State Ethics Commission; to provide that certain actions brought by the Attorney General to enforce certain civil penalties shall be brought in the superior court of the county where the hearing was or is being conducted; to provide that certain reports, records, and information shall be filed with the Secretary of State; to provide that the office of the Secretary of State shall perform the ministerial functions which the State Ethics Commission may require; to provide for certain powers, duties, and authority of the office of the Secretary of State; to provide for a secretary to the State

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Ethics Commission; to provide for venue of certain criminal violations; to change certain provisions relating to criminal violations; to provide for construction of the provisions of Chapter 5 of Title 21; to provide for certain exceptions regarding certain contributions made to a candidate or campaign committee or for recall of a public officer; to change certain provisions relating to the deposit of contributions; to change certain provisions relating to the keeping of certain accounts by campaign committee treasurers; to provide for filing cer tain campaign disclosure reports with the Secretary of State; to change certain provisions relating to the filing of certain final reports by campaign committees which accept contribu tions or make expenditures designed to bring about the recall of a public officer or to oppose the recall of a public officer; to provide that certain disclosure reports shall list the total contributions received and the total expenditures made since the last report; to clarify cer tain provisions relating to the filing of an initial report of any campaign committee which accepts contributions or makes expenditures designed either to bring about or oppose the recall of a public officer; to provide for certain final reports; to provide for certain duties of filing officers; to provide for authority of certain filing officers to forward certain reporting forms; to provide for filing certain financial disclosure statements with the Secretary of State; to change certain provisions relating to disposition of reports and handling of com plaints; to change the deadline for filing certain financial disclosure statements; to provide for the filing of certain financial disclosure statements by elected county officials and elected municipal officials; to change certain provisions relating to the contents of financial disclo sure statements; to correct certain internal references to Article 3 of Chapter 5 of Title 21; to provide for verification of certain financial disclosure statements; to provide for the filing by mail of certain financial disclosure statements; to provide for the public record status of certain financial disclosure statements; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 5 of Title 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, is amended by striking Code Section 21-5-2, relating to declarations of policy, and inserting in its place a new Code Section 21-5-2 to read as follows:
"21-5-2. It is declared to be the policy of this state, in furtherance of its responsibility to protect the integrity of the democratic process and to ensure fair elections for constitu tional offices; state offices; district attorneys; members of the Georgia House of Representa tives and Georgia Senate; all constitutional judicial officers; and all county and municipal elected officials, to institute and establish a requirement of public disclosure of campaign contributions and expenditures relative to the seeking of such offices, to the recall of public officers holding elective office, and to the influencing of voter approval or rejection of a proposed constitutional amendment, a state-wide referendum, or a proposed question which is to appear on the ballot in any county or municipal election. Further, it is the policy of this state that the state's public affairs will be best served by disclosures of significant pri vate interests of public officers and officials which may influence the discharge of their pub lic duties and responsibilities. The General Assembly further finds that it is for the public to determine whether significant private interests of public officers have influenced the state's public officers to the detriment of their public duties and responsibilities and, in order to make that determination and hold the public officers accountable, the public must have access to the disclosure of the significant private interests of the public officers of this state."
Section 2. Said chapter is further amended by striking paragraphs (2), (3), (4), (6), (9), (10), (12), (13), and (15) of Code Section 21-5-3, relating to definitions regarding ethics in government, and inserting in their place new paragraphs (2), (3), (4), (6), (9), (10), (12), (13), and (15), respectively, to read as follows:
"(2) 'Campaign committee' means the candidate, person, or committee which accepts contributions or makes expenditures designed to bring about the nomination or election of an individual to any elected office. The term 'campaign committee' also means any person or

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committee which accepts contributions or makes expenditures designed to bring about the recall of a public officer holding elective office or any person or any committee which accepts contributions or makes expenditures designed to bring about the approval or rejection by the voters of any proposed constitutional amendment, a state-wide referendum, or a pro posed question which is to appear on the ballot in any county or municipal election."
"(3) 'Campaign contribution disclosure report' means a report filed with the appropri ate filing officer by a candidate or the chairperson or treasurer of a campaign committee setting forth all expenditures of $101.00 or more and all contributions of $101.00 or more, including contributions and expenditures of lesser amounts when the aggregate amount thereof by or to a person is $101.00 or more for the calendar year in which the report is filed. Such report shall also include the total amount of all individual contributions received or expenditures made of less than $101.00 each. The first report required in the calendar year of the election shall contain all such expenditures made and all such contributions received by the candidate or the committee in prior years in support of the campaign in question."
"(4) 'Candidate' means an individual who seeks nomination for election or election to any public office, whether or not such an individual is elected; and a person shall be deemed to seek nomination or election if such person has taken necessary action under the laws of this state to qualify such person for nomination for election or election or has received con tributions or made expenditures in pursuit of such nomination or election or has given such person's consent for such person's campaign committee to receive contributions or make expenditures with a view to bringing about such person's nomination for election or election to such office."
"(6) 'Contribution' means a gift, subscription, membership, loan, forgiveness of debt, advance or deposit of money or anything of value conveyed or transferred for the purpose of influencing the nomination for election or election of any person for office, the recall of a public officer holding elective office, or the influencing of voter approval or rejection of a proposed constitutional amendment, a state-wide referendum, or a proposed question which is to appear on the ballot in any county or municipal election. The term specifically shall not include the value of personal services performed by persons who serve without compen sation from any sources and on a voluntary basis. The term 'contribution' shall include other forms of payment made to candidates for office or who hold office when such fees and compensation made can be reasonably construed as a campaign contribution designed to encourage or influence a candidate or public officer holding elective office. The term 'contri bution' shall also encompass transactions wherein a qualifying fee required of the candidate is furnished or paid by anyone other than the candidate."
"(9) 'Expenditure' means a purchase, payment, distribution, loan, advance, deposit, or gift of money or anything of value made for the purpose of influencing the nomination for election or election of any person, the recall of a public officer holding elective office, or the influencing of voter approval or rejection of a proposed constitutional amendment, a state wide referendum, or a proposed question which is to appear on the ballot in any county or municipal election. The term specifically shall not include the value of personal services performed by persons who serve without compensation from any source and on a voluntary basis. The term 'expenditure' shall also include the payment of a qualifying fee for and in behalf of a candidate."
"(10) "Fiduciary position' means any position imposing a duty to act primarily for the benefit of another person as an officer, director, manager, partner, or other designation of general responsibility of a business entity."
"(12) 'Gift' means any gratuitous transfer to a public officer, the spouse of the public officer, or any dependents of the public officer or a loan of property or services, which is not a contribution as defined in paragraph (6) of this Code section and which is in the amount of $101.00 or more."
"(13) 'Intangible property' means property which is not real property and which is

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held for profit and includes stocks, bonds, interest in partnerships, choses in action, and other investments but shall not include any ownership interest in any public or private re tirement or pension fund, account, or system and shall not include any ownership interest in any public or private life insurance contract or any benefit, value, or proceeds of such life insurance contract."
"(15) 'Public officer' means:
(A) Every constitutional officer;
(B) Every elected state official;
(C) The executive head of every state department or agency, whether elected or appointed;
(D) Each member of the General Assembly;
(E) The executive director of each state authority;
(F) Every elected county official; and
(G) Every elected municipal official."
Section 3. Said chapter is further amended by striking subsections (b), (e), and (g) of Code Section 21-5-4, relating to the creation of the State Ethics Commission, and inserting in their place new subsections (b), (e), and (g), respectively, to read as follows:
"(b) There is created the State Ethics Commission, with such duties and powers as are set forth in this chapter. The commission shall be a successor to the State Campaign and Financial Disclosure Commission in all matters pending before the State Campaign and Fi nancial Disclosure Commission on March 1, 1987, and may continue to investigate, prose cute, and act upon all such matters. The commission shall be governed by five members appointed as follows: three members, not more than two of whom shall be from the same political party, shall be appointed by the Governor, two for terms of three years and one for a term of two years; one member shall be appointed by the Lieutenant Governor for a term of four years; and one member shall be appointed by the Speaker of the House of Repre sentatives for a term of four years. The initial members shall take office on March 2, 1987. Upon the expiration of a member's term of office, a new member, appointed in the same manner as the member whose term of office expired as provided in this subsection, shall become a member of the commission and shall serve for a term of four years and until such member's successor is duly appointed and qualified. If a vacancy occurs in the membership of the commission, a new member shall be appointed to the unexpired term of office by the state official who appointed the vacating member. Members of the commission shall not serve for more than one complete term of office; provided, however, that the members of the State Campaign and Financial Disclosure Commission serving on March 1, 1987, shall be eligible for appointment as initial members of the State Ethics Commission."
"(e) The commission shall elect a chairperson, a vice chairperson, and other officers as it deems necessary. The members shall not be compensated for their services but they shall be reimbursed in an amount equal to the per diem received by the General Assembly for each day or portion thereof spent in serving as members of the commission. They shall be paid their necessary traveling expenses while engaged in the business of the commission."
"(g) Meetings of the members of the commission shall be held at the call of the chairperson or whenever any two members so request."
Section 4. Said chapter is further amended by striking paragraphs (9), (10), (14), and (15) of subsection (b) of Code Section 21-5-6, relating to powers and duties of the State Ethics Commission, and inserting in their place new paragraphs (9), (10), (14), and (15), respectively, to read as follows:
"(9) To make investigations, subject to the limitations contained in Code Section 215-7, with respect to the statements and reports filed under this chapter and with respect to alleged failure to file any statements or reports required under this chapter and upon re-

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ceipt of the written complaint of any person, verified under oath to the best information, knowledge, and belief by the person making such complaint with respect to an alleged viola tion of any provision of this chapter, provided that nothing in this Code section shall be construed to limit or encumber the right of the commission to initiate on probable cause an investigation on its own cognizance as it deems necessary to fulfill its obligations under this chapter;
(10) (A) To conduct a preliminary investigation, subject to the limitations contained in Code Section 21-5-7, of the merits of a written complaint by any person who believes that a violation of this chapter has occurred, verified under oath to the best information, knowl edge, and belief by the person making such complaint. If there are found no reasonable grounds to believe that a violation has occurred, the complaint shall be dismissed, subject to being reopened upon discovery of additional evidence or relevant material. If the commis sion determines that there are such reasonable grounds to believe that a violation has oc curred, it shall give notice by summoning the persons believed to have committed the viola tion to a hearing. The hearing shall be conducted in all respects in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The commission may file a com plaint charging violations of this chapter, and any person aggrieved by the final decision of the commission is entitled to judicial review in accordance with Chapter 13 of Title 50; provided, however, that nothing in this Code section shall be construed to limit or encumber the right of the commission to initiate on probable cause an investigation on its own cogni zance as it deems necessary to fulfill its obligations under this chapter.
(B) In any such preliminary investigation referenced in subparagraph (A) of this para graph, until such time as the commission determines that there are reasonable grounds to believe that a violation has occurred, it shall not be necessary to give the notice by summons nor to conduct a hearing in accordance with Chapter 13 of Title 50, the 'Georgia Adminis trative Procedure Act';"
"(14) To issue orders, after the completion of appropriate proceedings, directing com pliance with this chapter or prohibiting the actual or threatened commission of any conduct constituting a violation, which order may include a provision requiring the violator:
(A) To cease and desist from committing further violations;
(B) To make public complete statements, in corrected form, containing the informa tion required by this chapter;
(C) (i) To pay a civil penalty not to exceed $1,000.00 for each violation contained in any report required by this chapter or for each failure to comply with any other provision of this chapter or of any rule or regulation promulgated under this chapter.
(11) A civil penalty shall not be assessed against any person except after notice and hearing as provided by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The amount of any civil penalty finally assessed shall be recoverable by a civil action brought in the name of the commission. All moneys recovered pursuant to this Code section shall be deposited in the state treasury.
(iii) The Attorney General of this state shall, upon complaint by the commission, or may, upon the Attorney General's own initiative if after examination of the complaint and evidence the Attorney General believes a violation has occurred, bring an action in the supe rior court in the name of the commission for a temporary restraining order or other injunctive relief or for civil penalties assessed against any person violating any provision of this chapter or any rule or regulation duly issued by the commission.
(iv) Any action brought by the Attorney General to enforce civil penalties assessed against any person for violating the provisions of this chapter or any rule or regulations duly issued by the commission or any order issued by the commission ordering compliance or to cease and desist from further violations shall be brought in the superior court of the county where the hearing was or is being conducted. Service of process shall lie in any jurisdiction within the state. In such actions, the superior court inquiry will be limited to whether notice was given by the commission to the violator in compliance with the Constitution and the

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rules of procedure of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Upon satisfaction that notice was given and a hearing was held pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' the superior court shall enforce the orders of the commission and the civil penalties assessed under this chapter and the supe rior court shall not make independent inquiry as to whether the violations have occurred.
(v) In any action brought by the Attorney General to enforce any of the provisions of this chapter or of any rule or regulation issued by the commission, the judgment, if in favor of the commission, shall provide that the defendant pay to the commission the costs, includ ing reasonable attorneys' fees, incurred by the commission in the prosecution of such action;
(15) To make public its conclusion that a violation has occurred and the nature of such violation;"
Section 5. Said chapter is further amended by adding a new subsection at the end of Code Section 21-5-6, relating to powers and duties of the State Ethics Commission, to be designated as subsection (c), to read as follows:
"(c) The Secretary of State, through the Secretary of State's office, shall perform the ministerial functions which the commission may require. The office of the Secretary of State shall be designated as the place where members of the public may file papers or correspond with the commission and receive any form or instruction from the commission. The Secre tary of State or the Secretary of State's designee shall serve as secretary to the commission."
Section 6. Said chapter is further amended by striking Code Section 21-5-7, relating to initiation of certain complaints, and inserting in its place a new Code Section 21-5-7 to read as follows:
"21-5-7. The commission shall not initiate any investigation or inquiry into any mat ter under its jurisdiction based upon the complaint of any person unless that person shall reduce the same in writing and verify the same under oath, to the best information, knowl edge, and belief of such person, the falsification of which shall be punishable as false swear ing under Code Section 16-10-71. The person against whom any complaint is made shall be furnished or mailed a copy of the complaint by the commission within five business days after the riling of such complaint. Nothing in this Code section, however, shall be construed to limit or encumber the right of the commission to initiate on probable cause an investiga tion on its own cognizance as it deems necessary to fulfill its obligations under this chapter."
Section 7. Said chapter is further amended by striking Code Section 21-5-8, relating to venue, and inserting in its place a new Code Section 21-5-8 to read as follows:
"21-5-8. Venue for prosecution of criminal violations of this chapter shall be in the county of the residence of the candidate or public officer at the time of the alleged violation."
Section 8. Said chapter is further amended by striking Code Section 21-5-9, relating to certain criminal penalties, and inserting in its place a new Code Section 21-5-9 to read as follows:
"21-5-9. (a) Except as otherwise provided in this chapter, any person who knowingly fails to comply with or who knowingly violates this chapter shall be guilty of a misdemeanor on the first offense and upon the second or subsequent offense shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years or by a fine not to exceed $5,000.00, or both.
(b) Notwithstanding any provision of subsection (a) of this Code section to the con trary, any person who knowingly falsifies any report required under this chapter shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years or by a fine not to exceed $5,000.00, or both."
Section 9. Said chapter is further amended by adding a new Code section immediately following Code Section 21-5-9, to be designated Code Section 21-5-10, to read as follows:
"21-5-10. The provisions of this chapter, so far as they are the same as those of ex-

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isting laws, are intended as a continuation of such laws and not as new enactments. The repeal by this chapter of any Act of the General Assembly, or part thereof, shall not revive any Act, or part thereof, heretofore repealed or superseded. This chapter shall not affect any act done, liability or penalty incurred, or right accrued or vested prior to the taking effect of this chapter; nor shall this chapter affect any actions or prosecution then pending, or to be instituted, to enforce any right or penalty then accrued or to punish any offense theretofore committed."
Section 10. Said chapter is further amended by striking subsections (a), (b), (c), and (d), of Code Section 21-5-30, relating to contributions made to a candidate or campaign committee or for recall of a public officer, and inserting in their place new subsections (a), (b), (c), and (d), respectively, to read as follows:
"(a) Except as provided in Code Section 21-5-31, no contributions to bring about the nomination or election of a candidate for any office shall be made except directly to a candi date or such candidate's campaign committee which is organized for the purpose of bringing about the nomination or election of any such candidate; and no contributions to bring about the recall of a public officer or to bring about the approval or rejection by the voters of a proposed constitutional amendment, state-wide referendum, or other issue at the municipal or county level shall be accepted except directly by a campaign committee organized for that purpose.
(b) Each candidate shall have a campaign committee, which may consist of only the candidate pursuant to paragraph (2) of Code Section 21-5-3, for the purposes of maintaining records and filing reports as required by this chapter. Every campaign committee shall have a chairperson and a treasurer, except that the candidate may serve as the chairperson and treasurer. Before a campaign committee accepts contributions, the name and address of the chairperson and treasurer shall be filed with the Secretary of State. The same person may serve as chairperson and treasurer. No contributions shall be accepted by or on behalf of the campaign committee at a time when there is a vacancy in the office of chairperson or trea surer of the campaign committee.
(c) Contributions of money received pursuant to subsection (a) of this Code section shall b,e deposited in the separate campaign depository account opened and maintained for the purpose for which such campaign committee was organized. Such account may be an interest-bearing account; provided, however, that any interest earned on such account shall be deemed contributions and may only be used for the purposes allowed under this chapter.
(d) Where separate contributions of less than $101.00 are knowingly received from a common source, such contributions shall be aggregated for reporting purposes. For purposes of fulfilling such aggregation requirement, members of the same family, firm, or partnership or employees of the same person, as defined in paragraph (14) of Code Section 21-5-3, shall be considered to be a common source."
Section 11. Said chapter is further amended by striking Code Section 21-5-32, relating to the campaign committee treasurer, and inserting in its place a new Code Section 21-5-32 to read as follows:
"21-5-32. (a) The treasurer of each campaign committee shall keep detailed ac counts, current within not more than five business days after the date of receiving a contri bution or making an expenditure, of all contributions received and all expenditures made by or on behalf of the candidate or committee. The treasurer shall also keep detailed accounts of all deposits and of all withdrawals made to the separate campaign depository and of all interest earned on any such deposits.
(b) Accounts kept by the treasurer of a campaign committee pursuant to this Code section may be inspected under reasonable circumstances before, during, or after the elec tion to which the accounts refer by any authorized representative of the commission. The right of inspection may be enforced by appropriate writ issued by any court of competent jurisdiction.
(c) Records of such accounts kept by the campaign committee shall be preserved for

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three years from the termination date of the campaign committee for any candidate or for three years from the election to bring about the approval or rejection by the voters of any proposed constitutional amendment, referendum, or local issue, or of any recall vote."
Section 12. Said chapter is further amended by striking Code Section 21-5-34, relating to disclosure reports, and inserting in its place a new Code Section 21-5-34 to read as follows:
"21-5-34. (a) (1) The candidate or the chairperson or treasurer of each campaign committee organized to bring about the nomination or election of a candidate for any office except county and municipal offices and the chairperson or treasurer of every campaign committee designed to bring about the recall of a public officer or designed to bring about the approval or rejection by the voters of any proposed constitutional amendment or state wide referendum shall file with the Secretary of State the required campaign contribution disclosure reports. In addition, a candidate for any state office or the chairperson or trea surer of such candidate's campaign committee shall file a copy of each of such candidate's reports with the election superintendent of the county of such candidate's residence.
(2) (A) Any campaign committee which accepts contributions or makes expenditures designed to bring about the approval or rejection by the voters of any proposed question which is to appear on the ballot in any county or municipal election shall file a campaign contribution disclosure report as prescribed by this chapter; provided, however, that such report shall only be required if such campaign committee has received contributions which total more than $500.00 or if such campaign committee has made expenditures which total more than $500.00. All advertising pertaining to referendums must identify the principal officer of such campaign committee by listing or stating the name and title of the principal officer.
(B) If a campaign committee is required to file a report under subparagraph (A) of this paragraph, such report shall be filed with the election superintendent of the county in the case of a county election or with the municipal clerk in the case of a municipal election. Any such report shall be filed 15 days prior to the date of the election; and a final report shall be filed prior to December 31 of the year in which the election is held.
(3) A candidate for county office or the chairperson or treasurer of such candidate's campaign committee shall file the required campaign contribution disclosure reports with the election superintendent in the respective county of election.
(4) A candidate for municipal office or such candidate's campaign committee shall file the reports with the municipal clerk in the respective municipality of election or, if there is no clerk, with the chief executive officer of the municipality.
(b) All reports shall list the following:
(1) The amount, name, and mailing address of any person making a contribution of $101.00 or more, including the purchase of tickets for events such as dinners, luncheons, rallies, and similar fundraising events;
(2) The name and mailing address and occupation or place of employment of any per son to whom an expenditure of $101.00 or more is made and the amount and general pur pose of such expenditure;
(3) When a contribution consists of a loan, advance, or other extension of credit, the report shall also contain the name of the lending institution or party making the advance or extension of credit and the names, mailing addresses, occupations, and places of employ ment of all persons having any liability for repayment of the loan, advance, or extension of credit; and, if any such persons shall have a fiduciary relationship to the lending institution or party making the advance or extension of credit, the report shall specify such relation ship; and
(4) Total contributions received and total expenditures made since the last report.
(c) Campaign committees which accept contributions or make expenditures designed

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to bring about the nomination or election of a candidate shall file campaign contribution disclosure reports 45 days and 15 days before the primary election and ten days after the primary election. Candidates in a general or special election campaign shall make such re port 15 days prior to the general or special election, and all candidates shall make a final campaign contribution disclosure report not later than December 31 of the year in which the election occurs. All candidates shall have a five-day grace period in filing the required re ports. If a run-off election is required following a primary, general, or special election, candi dates in such an election shall make such reports six days prior to the run-off election and shall have a two-day grace period in filing the required report, with the exception that, if an election is scheduled on a Wednesday, the grace period shall end the Friday preceding the election. The mailing of such reports by United States mail with adequate postage affixed, within the required filing time, shall be prima-facie evidence of filing. A report or statement required to be filed by this Code section shall be verified by the oath or affirmation of the person filing such report or statement taken before an officer authorized to administer oaths. Each report required in the calendar year of the election shall contain cumulative totals of all contributions which have been received and all expenditures which have been made in support of the campaign in question and which are required, or previously have been required, to be reported.
(d) In the event any candidate covered by this chapter has no opposition in either a primary or a general election and receives no contribution of $101.00 or more, such candi date shall only be required to make the initial and final report as required under this chapter.
(e) A supplemental campaign contribution disclosure report shall be filed by each public officer elected to an office covered by this chapter no later than December 31 of each year following the year in which the election occurs. If no contribution is received or expen diture made which is required to be reported under this chapter between the date of the last campaign contribution disclosure report filed pursuant to this chapter and December 31 of any year, a supplemental campaign contribution disclosure report shall be required by this chapter and shall so indicate no contributions or expenditures.
(f) Any campaign committee which accepts contributions or makes expenditures designed to bring about the recall of a public officer or to oppose the recall of a public officer shall file campaign contribution disclosure reports with the Secretary of State as follows:
(1) An initial report shall be filed within 15 days after the date when the official recall petition forms were issued to the sponsors;
(2) A second report shall be filed 45 days after the filing of the initial report;
(3) A third report shall be filed within 15 days after the expiration date for acquiring signatures on the recall petition;
(4) A final report shall be filed prior to December 31 of the year in which the recall election is held or, in any case where such recall election is not held, a final report shall be filed prior to December 31 of any year in which such campaign committee accepts such contributions or makes such expenditures; and
(5) In the case of state officials or county officials, a copy of each of the reports shall also be filed with the election superintendent in the county of residence of the official sought to be recalled. In the case of municipal officials, a copy of the reports shall also be filed with the municipal clerk in the municipality of residence of the official sought to be recalled or, if there is no clerk, with the chief executive officer of the municipality.
Each filing officer shall forward a copy of the reporting forms required by this Code section to each candidate or public officer holding elective office required to file such report within a reasonable time prior to each filing.
(g) Any campaign committee which accepts contributions or makes expenditures designed to bring about the approval or rejection by the voters of a proposed constitutional amendment or a state-wide referendum shall file a campaign contribution disclosure report

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with the Secretary of State 15 days prior to the date of the election and shall file a final report prior to December 31 of the year in which the election is held.
(h) In any county in which the county board of elections does not maintain an office open to the public during normal business hours for five days a week, the reports required by this Code section shall be filed in the office of the judge of the probate court of that county."
Section 13. Said chapter is further amended by striking subsection (a) of Code Section 21-5-36, relating to disposition of reports and handling of complaints and violations, and inserting in its place a new subsection (a) to read as follows:
"(a) It shall be the duty of the filing officer to make the campaign contribution disclo sure reports available for public inspection and copying during regular office hours com mencing as soon as practicable after such filing. Such filing officer shall have the authority to charge a fee for copying such reports not to exceed the actual cost of such copying. The filing officer shall preserve such reports for a period of five years from the date upon which they are received. A filing officer shall notify the commission in writing of:
(1) The names of all candidates and offices sought in a special election, when held at a time other than election dates scheduled by law or charter, within ten days of the close of the qualification period; and
(2) Within ten days after the date a report is due, the names and addresses of candi dates or campaign committees which have not filed required campaign disclosure reports as required by law in the election in question.
A filing officer shall immediately notify the commission when such officer shall receive any complaint against any candidate offering for any office specified in Code Section 21-5-2 or against any campaign committee and shall forward the complaint to the commission and shall retain a copy of the complaint. In the event any complaint is against a county or municipal candidate, a copy of the reports filed by such candidate shall be forwarded to the commission along with the complaint."
Section 14. Said chapter is further amended by striking subsection (a) of Code Section 21-5-50, relating to filing of certain financial disclosure statements by public officers, and inserting in its place a new subsection (a) to read as follows:
"(a) Each public officer, as defined in subparagraphs (A) through (E) of paragraph (15) of Code Section 21-5-3, shall file with the Secretary of State not before the first day of January nor later than April 15, 1988, and of each year thereafter in which such public officer holds office, a financial disclosure statement for the preceding calendar year. Each public officer, as defined in subparagraph (F) of paragraph (15) of Code Section 21-5-3, shall file with the election superintendent of the county of election of such public officer, not before the first day of January nor later than April 15, 1988, and of each year thereafter in which such public officer holds office, a financial disclosure statement for the preceding cal endar year. Each public officer, as defined in subparagraph (G) of paragraph (15) of Code Section 21-5-3, shall file with the municipal clerk of the municipality of election or, if there is no clerk, with the chief executive officer of such municipality, not before the first day of January nor later than April 15, 1988, and of each year thereafter in which such public officer holds office, a financial disclosure statement for the preceding calendar year. Each person who qualifies as a candidate for election as a public officer shall file with the Secre tary of State, not later than the tenth day after which such person qualifies, a financial disclosure statement for the 12 month period ending the month prior to such qualification. The Secretary of State shall review each financial disclosure statement to determine that such statement is in compliance with the requirements of this chapter."
Section 15. Said chapter is further amended by striking paragraph (1) of subsection (b) of Code Section 21-5-50, relating to filing of certain financial disclosure statements by public officers, and inserting in its place a new paragraph (1) to read as follows:
"(1) Each monetary fee of $101.00 or more which is received by a public officer from

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speaking engagements, participation in seminars, discussion panels, or other activities which directly relate to the official duties of the public officer or the office of the public officer, with a statement identifying the fee received and the person from whom it was received;"
Section 16. Said chapter is further amended by striking Code Section 21-5-51, relating to verification of certain financial disclosure statements, and inserting in its place a new Code Section 21-5-51 to read as follows:
"21-5-51. The financial disclosure statements required under this article shall be veri fied by oath or affirmation of the public officer filing the statement, such oath or affirmation to be taken before an officer authorized to administer oaths."
Section 17. Said chapter is further amended by striking Code Section 21-5-52, relating to filing certain financial disclosure statements by mail, and inserting in its place a new Code Section 21-5-52 to read as follows:
"21-5-52. Depositing of a properly addressed financial disclosure statement in the United States mails with adequate postage affixed shall constitute filing on the date of mailing."
Section 18. Said chapter is further amended by striking Code Section 21-5-53, relating to the public record status of certain financial disclosure reports, and inserting in its place a new Code Section 21-5-53 to read as follows:
"21-5-53. Financial disclosure statements filed pursuant to this article shall be public records and shall be subject to inspection and copying by any member of the public as provided by law for other public records."
Section 19. This Act shall become effective March 1, 1987.
Section 20. All laws and parts of laws in conflict with this Act are repealed.
Senator Tysinger of the 41st offered the following amendment:
Amend the substitute to HB 187 offered by the Senate Committee on Governmental Operations by inserting in line 3 on page 2 between the word and semicolon "officer;" and the word "to" the following:
"to prohibit industrial loan licensees, insurers, and preneed funeral service licensees and persons acting on behalf of such licensees or insurers from making 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 com mittees of such candidates; to prohibit persons holding office as Commissioner of Insurance and candidates and campaign committees of candidates for the office of Commissioner of Insurance from accepting such contributions; to provide for definitions;"
By renumbering Sections 11 through 20 as Sections 12 through 21, respectively, and by adding a new Section 11 to read as follows:
"Section 11. Said chapter is further amended by adding immediately following Code Section 21-5-30 a new Code Section 21-5-30.1 to read as follows:
'21-5-30.1. (a) Except as otherwise provided in this subsection, the definitions set forth in Code Section 21-5-3 shall be applicable to the provisions of this Code section. As used in this Code section, the term:
(1) "Campaign committee" means the candidate, person, or committee which accepts contributions to bring about the nomination for election or election of an individual to the office of Commissioner of Insurance.
(2) "Contribution" means a gift, subscription, membership, loan, forgiveness of debt, advance or deposit of money, or anything of value conveyed or transferred for the purpose of influencing the nomination for election or election of an individual to the office of Com missioner of Insurance or conveyed or transferred for the purpose of influencing the holder of the office of Commissioner of Insurance or encouraging the holder of such office to seek

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reelection. The term "contribution" shall include the payment of a qualifying fee for and on behalf of a candidate for the office of Commissioner of Insurance and any other payment or purchase made for and on behalf of the holder of the office of Commissioner of Insurance or for or on behalf of a candidate for that office when such payment or purchase is made for the purpose of influencing or encouraging the holder of such office or for the purpose of influencing the nomination for election or election of the candidate and is made pursuant to the request or authority of the holder of such office, the candidate, the campaign committee of the candidate, or any other agent of the holder of such office or the candidate. The term "contribution" shall not include the value of personal services performed by persons who serve on a voluntary basis without compensation from any source.
(3) "Industrial loan licensee" means a person or business entity which has applied for or received a license issued or required under Chapter 3 of Title 7, known as the "Georgia Industrial Loan Act."
(4) "Insurer" means an insurer as defined by paragraph (4) of Code Section 33-1-2, relating to definitions applicable to Title 33, known as the "Georgia Insurance Code."
(5) "Preneed funeral service licensee" means a person or business entity which has applied for or received a certificate of authority which authorizes the issuance of preneed funeral service contracts under Chapter 18 of Title 43, relating to contracts for preneed funeral services.
(b) No industrial loan licensee, insurer, or preneed funeral service licensee, and no person acting on behalf of an industrial loan licensee, insurer, or preneed funeral service licensee shall make a contribution to or on behalf of a person holding office as Commissioner of Insurance, to or on behalf of a candidate for the office of Commissioner of Insurance, or to or on behalf of a campaign committee of any such candidate.
(c) No person holding office as Commissioner of Insurance, no candidate for the office of Commissioner of Insurance, and no campaign committee of a candidate for the office of Commissioner of Insurance shall accept a contribution in violation of subsection (b) of this Code section.' "

On the adoption of the amendment, Senator Tysinger of the 41st called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Burton Coverdell Edge

Harrison Land Newbill Phillips

Stumbaugh Tolleson Tysinger

Those voting in the negative were Senators:

Albert Allgood Baldwin Barnes Bowen Broun of 46th Brown of 47th BCoryleamntan
Crumbley
Dawkins Deal Dean
Echols

English Engram Fincher Foster Garner Gillis Harris HHionweard
Hudgins
Huggins Kennedy Kidd
Langford

McGill McKenzie Olmstead Peevy Perry *,,,,,,
B
Scott of 2nd bcott of 36th
Starr Tate Timmons Turner

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Those not voting were Senators:

Brannon (excused)

Shumake

Walker (excused)

On the adoption of the amendment offered by Senator Tysinger of the 41st, the yeas were 11, nays 41, and the amendment was lost.

Senator Barnes of the 33rd offered the following amendment:
Amend the substitute to HB 187 offered by the Senate Committee on Governmental Operations by striking from lines 19 and 20 of page 27 the following:
"This Act shall become effective March 1, 1987.", and inserting in its place the following:
"This Act shall become effective upon its approval by the Governor or upon its becom ing law without such approval."

On the adoption of the amendment, the yeas were 51, nays 0, and the amendment of fered by Senator Barnes of the 33rd was adopted.

Senator Newbill of the 56th offered the following amendment:
Amend the substitute to HB 187 offered by the Senate Committee on Governmental Operations by striking the word and semicolon "government;" where it appears at the be ginning of line 9 on page 1 and inserting in lieu thereof the following:
"government and to provide for certain additional definitions; to provide for additional statement of policy;".
By inserting in line 3 on page 2 between the word and semicolon "officer;" and the word "to" the following:
"to impose limitations on the amount that may be contributed, either by direct contri bution or by expenditure, to a candidate for public office by an individual person, business entity, labor organization, or political action committee;".
By inserting in line 6 on page 2 between the word and semicolon "treasurers;" and the word "to" the following:
"to change the provisions relating to the disposition of excess campaign contributions;".

By inserting in line 10 on page 3 immediately following the designation "21-5-2" the following:
"(a)".

By striking the quotation marks in line 10 on page 4 and by inserting between lines 10 and 11 on page 4 the following:
"(b) It is declared to be the further policy of this state to impose limitations on the amount that may be contributed, either by direct contribution or by expenditure, to a can didate for public office by any individual person, business entity, labor organization, or po litical action committee in order to eliminate or curtail the reality or the public perception that wealthy persons and special interest groups have too great an influence on the election of persons to public office.' "
By striking from line 15 on page 4 the following:
"(12), (13),"
and inserting in lieu thereof the following:
"(12), (12.1), (13), (14.1),".

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By inserting between lines (11) and (12) on page 7 the following:
" '(12.1) "Independent expenditure" means an expenditure for any type of communica tion, including, but not limited to, expenditures for advertisements in newspapers or magazines, expenditures for leaflets or pamphlets, and expenditures for television or radio advertisements or programs, which expressly advocates the election or defeat of a clearly identifiable candidate and which is not made with any direct or indirect cooperation, con sent, request, or consultation involving a candidate or a candidate's campaign committee or other agent of a candidate.' "
By inserting between lines 20 and 21 on page 7 the following:
" '(14.1) "Political action committee" means any permanent or temporary combination of two or more persons, other than a political party, which makes or accepts contributions or makes disbursements for political purposes, whether or not engaged in activities which are exclusively political. The term "political action committee" includes a campaign committee other than a candidate's own campaign committee." "
By renumbering Section 11 as Section 12 and by adding a new Section 11 between lines 20 and 21 on page 17 to read as follows:
"Section 11. Said chapter is further amended by adding immediately following Code Section 21-5-30 a new Code Section 21-5-30.1 to read as follows:
'21-5-30.1. Except for independent expenditures, no individual person, business entity, labor organization, or political action committee shall, in any election, make a contribution to or an expenditure on behalf of a candidate which exceeds the following limitations:
(1) For a candidate for membership in the General Assembly: $1,000.00;
(2) For a candidate for any county or municipal elective office: $1,000.00; or
(3) For a candidate for any elective state office: $1,000.00, except that the limit for a political action committee shall be $5,000.00.'"
By renumbering Sections 12 through 20 as Sections 14 through 22, respectively, and by adding a new Section 13 between lines 17 and 18 on page 18 to read as follows:
"Section 13. Said chapter is further amended by striking subparagraph (b)(l)(B) of Code Section 21-5-33, relating to the disposition of excess campaign contributions, in its entirety and substituting in lieu thereof a new subparagraph (B) to read as follows:
'(B) For transferral without limitation to any national, state, or local committee of any political party or for transferral to any other candidate within the limitations specified by Code Section 21-5-30.1;' ".
Senators Coverdell of the 40th and Newbill of the 56th offered the following amendment:
Amend the amendment offered by Senator Newbill of the 56th to the substitute to HB 187 offered by the Senate Committee on Governmental Operations by adding on page 2, line 3, after the word "person," the following:
"including the candidate,".
On the adoption of the amendment, the yeas were 10, nays 37, and the amendment offered by Senators Coverdell of the 40th and Newbill of the 56th was lost.
On the adoption of the amendment offered by Senator Newbill of the 56th, Senator Newbill of the 56th called for the yeas and nays; the call was sustained, and the vote was as follows:

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1299

Those voting in the affirmative were Senators:

Burton CEocvheorldse11 Edge Engram

Harrison Land Newbill Perry

Phillips Stumbaugh Tolleson Tysinger

Those voting in the negative were Senators:

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

Dean English Fincher Foster Garner Gillis Harris Hine Howard Hudgins Huggins Kennedy Kidd

Langford McGill McKenzie Olmstead Peevy Ragan Ray Scott of 2nd Scott of 36th Starr Tate Timmons Turner

Those not voting were Senators:

Brannon (excused)

Shumake

Walker (excused)

On the adoption of the amendment offered by Senator Newbill of the 56th, the yeas were 13, nays 39, and the amendment was lost.

Senator Barnes of the 33rd offered the following amendment:
Amend the substitute to HB 187 offered by the Senate Committee on Governmental Operations by deleting from lines 15 through 19 of page 1 the following:
"to provide that certain actions brought by the Attorney General to enforce certain civil penalties shall be brought in the superior court of the county where the hearing was or is being conducted;".
By deleting from lines 26 and 27 of page 1 the following:

"to provide for venue of certain criminal violations;". By striking from lines 18, 19, 20, and 21 of page 12 the following:
"where the hearing was or is being conducted", and inserting in its place the following:
"of the residence of the party against whom relief is sought". By deleting from lines 17 through 25 of page 14 the following:
"Section 7. Said chapter is further amended by striking Code Section 21-5-8, relating to venue, and inserting in its place a new Code Section 21-5-8 to read as follows:
'21-5-8. Venue for prosecution of criminal violations of this chapter shall be in the county of the residence of the candidate or public officer at the time of the alleged violation.'"
By redesignating Sections 8 through 20 as Sections 7 through 19, respectively.

On the adoption of the amendment offered by Senator Barnes of the 33rd, the yeas were 46, nays 0, and the amendment was adopted.

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Senator Edge of the 28th offered the following amendment:
Amend the substitute to HB 187 offered by the Senate Committee on Governmental Operations by striking from lines 13 through 22 of page 26 the following:
" '(1) Each monetary fee of $101.00 or more which is received by a public officer from speaking engagements, participation in seminars, discussion panels, or other activities which directly relate to the official duties of the public officer or the office of the public officer, with a statement identifying the fee received and the person from whom it was received;' ",
and inserting in its place the following:
" '(1) Any gifts, fees, or honoraria received by the public officer from speaking engage ments, participation in seminars, discussion panels, or other activities which directly relate to the official duties of the public officer or the office of the public officer and have been determined by the public officer to have a value in excess of $500.00, with a statement iden tifying the gift, fee, or honoraria received and the person from whom it was received;'".
On the adoption of the amendment offered by Senator Edge of the 28th, the yeas were 23, nays 24, and the amendment was lost.

On the adoption of the substitute, the yeas were 42, 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 Broun of 46th BDBCrB,rouroylrewta.omnnnt.aonf 47th
Coverdell Crumbley
Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Garner Gillis Harris HHHTHTTjuom.arwdergiasirnodjsn
Huggins Kennedy
Kidd Land Langford McGill McKenzie

Newbill Olmstead Peevy Perry Phillips Ra n pj S0SoS_,chcoou,ttm4.tt. aook.fiff-e023r>n6cdti.h\.
Starr Stumbaugh
Tate Timmons Tolleson Turner Tysinger

Not voting were Senators Brannon (excused) and Walker (excused).

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

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

MONDAY, MARCH 2, 1987

1301

The following bills and resolutions of the House were read the first time and referred to committees:
HB 172. By Representatives Lawler of the 20th, Cooper of the 20th, Thompson of the 20th and Wilson of the 20th:
A bill to amend Chapter 1 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions relative to motor vehicles and traffic, so as to pro hibit the attachment of stickers, decals, or similar devices containing profane words or describing sexual acts or excretory functions. Referred to Committee on Public Safety.
HB 189. By Representatives Thompson of the 20th, Bailey of the 72nd, Thomas of the 69th and others:
A bill to amend Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to change the penalties for certain sexual offenses; to provide for minimum mandatory sentencing of persons convicted of certain sexual offenses against minors. Referred to Committee on Children and Youth.
HB 463. By Representative Lawler of the 20th:
A bill to amend Code Section 12-12-10 of the Official Code of Georgia Annotated, relating to license requirements under the "Georgia Asbestos Safety Act", so as to exempt certain persons licensed under Title 43 of this Code from the license requirements and other provisions of the "Georgia Asbestos Safety Act". Referred to Committee on Industry and Labor.
HB 541. By Representative Athon of the 57th:
A bill to amend Article 6 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to anatomical gifts, so as to provide that a bank or storage facility must be licensed, accredited, or approved under the laws of this state; to provide that a hospital shall maintain a written cooperative agreement with at least one bank or storage facility for the purpose of procuring anatomical gifts. Referred to Committee on Human Resources.
HB 598. By Representative Galer of the 97th: A bill to amend Article 3 of Chapter 7 of Title 53 of the Official Code of Georgia Annotated, relating to appraisement and inventory of estates, so as to change the circumstances under which an executor shall be required to file inventories and returns.
Referred to Committee on Judiciary.
HB 614. By Representatives Groover of the 99th, Chambless of the 133rd, Robinson of the 96th and Thomas of the 69th:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to create the offices of Senior Appellate Court Justice and Senior Appellate Court Judge. Referred to Committee on Judiciary.
HB 624. By Representatives Randall of the 101st and Martin of the 26th:
A bill to amend Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, so as to make certain editorial changes; to remove the limita tion on the amounts of funds for which the judge of the probate court may be custodian; to make such custodianship discretionary; to provide that guardian-

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ships may be established in certain cases; to provide for increases in the amount of bond of the judge. Referred to Committee on Children and Youth.
HB 657. By Representatives Pannell of the 122nd and Robinson of the 96th: A bill to amend Article 6 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to trials under the "Georgia Civil Practice Act", so as to pro vide under what conditions findings of fact and conclusions of law must accom pany the judgment of a court of record.
Referred to Committee on Judiciary.
HB 729. By Representative Bray of the 91st: A bill to amend Code Section 53-5-20 of the Official Code of Georgia Annotated, relating to conveyance or encumbrance by a surviving spouse of certain property set apart under year's support, so as to provide that such conveyance or encum brance shall be approved by the judge of the probate court of the county in which the year's support award was made.
Referred to Committee on Judiciary.
HB 742. By Representatives Hanner of the 131st and Chambless of the 133rd: A bill to amend Article 3 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to records checks of employees of day-care centers, so as to change definitions.
Referred to Committee on Children and Youth.
HB 843. By Representative Groover of the 99th: A bill to amend Code Section 50-16-17 of the Official Code of Georgia Annotated, relating to the authorizing of units or instrumentalities of government to act as parties in courts in cases pertaining to property, so as to clarify that such cases pertain to real property.
Referred to Committee on Judiciary.
HB 908. By Representative Ramsey of the 3rd: A bill to amend Article 3 of Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to taxation of intangibles, so as to remove the limit on the maximum amount of intangible recording tax payable; to convert the intangible recording tax to a documentary tax.
Referred to Committee on Banking and Finance.
HB 1035. By Representatives McDonald of the 12th, Murphy of the 18th and Walker of the 115th: A bill to amend Article 1 of Chapter 9 of Title 10 of the Official Code of Georgia Annotated, relating to general provisions affecting the Geo. L. Smith II Georgia World Congress Center, so as to authorize the Geo. L. Smith II Georgia World Congress Center Authority by contract to exercise its corporate powers with re spect to convention and trade show facilities of counties, municipalities, and local authorities.
Referred to Committee on Governmental Operations.
HB 1036. By Representatives McDonald of the 12th, Murphy of the 18th and Walker of the 115th: A bill to amend Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, so as to confirm and provide

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that the Department of Community Affairs shall have the authority to make grants to counties and municipalities, or combinations thereof, for projects and purposes to the extent and for purposes set forth in appropriations to the department. Referred to Committee on Governmental Operations.
HR 166. By Representatives Martin of the 26th, Orrock of the 30th, Hamilton of the 124th and others:
A resolution directing the Department of Human Resources to prepare a report for the General Assembly on the impact of Acquired Immune Deficiency Syn drome (AIDS), AIDS Related Complex (ARC), and Human Immunodeficiency Virus (HIV) on the State of Georgia and the state's health care delivery system and to make recommendations. Referred to Committee on Human Resources.
HR 176. By Representatives Byrd of the 153rd, Moody of the 153rd, Smith of the 152nd and others:
A resolution creating the Brunswick Judicial Circuit Study Committee. Referred to Committee on Judiciary.
HR 310. By Representatives Aiken of the 21st, Atkins of the 21st and Wilder of the 21st:
A resolution creating the Cobb County Court Consolidation Plan Study Committee. Referred to Committee on Rules.
HB 461. By Representatives Kilgore of the 42nd and Harris of the 84th:
A bill to amend Code Section 48-5-183 of the Official Code of Georgia Annotated, relating to the minimum salaries of tax collectors and tax commissioners, so as to change the minimum salaries of tax collectors and tax commissioners. Referred to Committee on Governmental Operations.
HB 507. By Representatives Ware of the 77th, Groover of the 99th, Workman of the 51st and Colbert of the 23rd:
A bill to amend Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to group or blanket accident and sickness insurance, so as to provide for and authorize preferred provider arrangements. Referred to Committee on Insurance.
HB 610. By Representative Crosby of the 150th:
A bill to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation, so as to provide a monetary penalty against any public utility company which fails to file a timely tax return. Referred to Committee on Banking and Finance.
HB 611. By Representative Crosby of the 150th:
A bill to amend Code Section 48-2-18 of the Official Code of Georgia Annotated, relating to the State Board of Equalization, so as to change the time allowed for the state revenue commissioner to notify taxpayers of their proposed assessments. Referred to Committee on Banking and Finance.

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HB 741. By Representatives Coleman of the 118th, Manner of the 131st, Ramsey of the 3rd and Jackson of the 83rd:
A bill to amend Part 1 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, known as the "Jekyll Island-State Park Authority Act", so as to provide that prosecutions for violations of ordinances of the Jekyll IslandState Park Authority shall be upon citation or upon accusation. Referred to Committee on Public Safety.
HB 815. By Representatives Adams of the 79th and Buck of the 95th:
A bill to amend Code Section 20-3-102 of the Official Code of Georgia Annotated, relating to exemptions from the "Postsecondary Educational Authorization Act of 1978", so as to change the provisions relating to the exemption for fully ac credited liberal arts colleges and universities.
Referred to Committee on Higher Education.
HB 859. By Representatives Lane of the lllth and Godbee of the 110th:
A bill to amend Code Section 46-1-1 of the Official Code of Georgia Annotated, relating to definitions of terms used in laws relating to public utilities and public transportation, so as to include in the definition of private carrier those motor vehicles engaged in the harvesting or transportation of forest products. Referred to Committee on Public Utilities.
HB 897. By Representatives Bostick of the 138th and Carter of the 146th:
A bill to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, so as to au thorize the State Personnel Board to contract with the Georgia Agrirama Devel opment Authority for the inclusion in the health insurance plan of employees of the authority and their spouses and dependent children. Referred to Committee on Governmental Operations.
HB 905. By Representatives Mangum of the 57th and Athon of the 57th:
A bill to amend Article 4 of Chapter 4 of Title 20 of the Official Code of Georgia Annotated, known as the "Georgia Proprietary School Act", so as to provide for certificates of authorization for proprietary schools in lieu of certificates of approval.
Referred to Committee on Education.
HB 913. By Representatives Thompson of the 20th and Walker of the 115th:
A bill to amend Chapter 1 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions affecting domestic relations, so as to provide for a child abuse protocol among county agencies and offices. Referred to Committee on Children and Youth.
HB 974. By Representatives Jackson of the 83rd and Harris of the 84th:
A bill providing for a supplement to the compensation, expenses, and allowances of the judges of the Superior Court of the Augusta Judicial Circuit, so as to change the provisions relating to such supplement.
Referred to Committee on Judiciary.

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HB 1010. By Representatives Jackson of the 83rd, Watts of the 41st, Barnett of the 10th and others: A bill to amend Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to licenses, permits, and stamps concerning game and fish generally, so as to change the criteria for issuing such permits.
Referred to Committee on Natural Resources.
HR 56. By Representative Mueller of the 126th: A resolution compensating Ms. Allene Persons in the sum of $1,482.93.
Referred to Committee on Appropriations.
HR 218. By Representative Padgett of the 86th: A resolution compensating Mr. Dorian Patrick Wells, Jr. in the sum of $956.00.
Referred to Committee on Appropriations.
HR 254. By Representative Bannister of the 62nd: A resolution compensating Mr. Bryan Todd Fitzgerald in the sum of $1,309.89.
Referred to Committee on Appropriations.
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 27, 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 23, 1987, as of 3:00 p.m. this date. The list is numbered 701 through 714.
With best wishes, I am
Most sincerely, Is,/ 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 701 through 714, who have registered in the Docket of Legislative Appearance as of February 27, 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 27th 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.

(SEAL)

/si Max Cleland Secretary of State

701. Sharon Louise Teague SELF Post Office Box 488 Red Oak, Georgia 30272 404/969-1133
702. Sharon A. Hunt Georgia Society of Association Executives Suite 200 2786 North Decatur Road Decatur, Georgia 30033 404/299-3559
703. Daniel T. Jackson Sanity Inc. Conn & Wolfe 7 Piedmont Center Atlanta, Georgia 30305 404/266-1100
704. Mike Stephen Raynor Southern Bell 200 Swanton Way Decatur, Georgia 30130 404/371-3850
705. Earle V. Becker Texaco Inc. 59 Executive Park South Atlanta, Georgia 30329 404/321-4411
706. Fred C. Handy, III Texaco Inc. 59 Executive Park South Atlanta, Georgia 30329 404/321-4411
707. John Sheldon Breed Texaco Inc. Post Office Box 60252 New Orleans, LA 70160 504/595-1778
708. John Owen Ambler Texaco Inc. 1111 Rusk Houston, TX 77002 713/650-4955

709. Michael A. Bald Texaco Inc. 59 Executive Park South Atlanta, Georgia 30329 404/321-4411
710. Daniel B. Rickett Texaco Inc. 59 Executive Park South Atlanta, Georgia 30329 404/321-4411
711. Robert W. Cole Texaco Inc. Post Office Box 4582 Atlanta, Georgia 30302 404/321-4411
712. Keyna Dyar Gory Southern Lobbying Services Post Office Box 550069 Atlanta, Georgia 30355-2569 404/262-7821
713. S. Marie Matthews Georgia Association American Institute of Architects 1197 Peachtree Street, N.W. Atlanta, Georgia 30361 404/873-3207
714. Lasa Y. Joiner REGISTERED AGENT Georgia Library Association Georgia Society of Respiratory Therapists Georgia Psychiatric Assn. Hemophilia of Georgia

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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 240.

SB 243.

SB 241.

SB 298.

SB 242.

Respectfully submitted,
/s/ Ed Barker, Chairman Senator, District 18

Senator Allgood of the 22nd moved that the Senate stand in recess until 9:00 o'clock P.M. at which time the Senate would stand adjourned until 9:00 o'clock A.M. tomorrow.

On the motion, the yeas were 40, nays 2; the motion prevailed, and the Senate stood in recess from 3:30 o'clock P.M. until 9:00 o'clock P.M. at which time the Senate stood ad journed until 9:00 o'clock A.M. tomorrow.

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Senate Chamber, Atlanta, Georgia Tuesday, March 3, 1987
Thirty-fourth Legislative Day
The Senate met pursuant to adjournment at 9:00 o'clock A.M. today and was called to order by the President.
Senator Engram of the 34th 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 709. By Representative Crosby of the 150th: A bill to amend an Act creating the State Court of Ware County, so as to change the compensation of the judge and solicitor of the court.
HB 1016. By Representatives Childers of the 15th, McKelvey of the 15th and Smith of the 16th: A bill to provide for the merger and consolidation of the existing Floyd County School System and the existing City of Rome Independent School System into a single county-wide school system.
HB 1027. By Representatives Triplett of the 128th, Alien of the 127th, Mueller of the 126th, Hamilton of the 124th and Pannell of the 122nd: A bill to provide for a chief judge of the Recorder's Court of Chatham County.
HB 1028. By Representative Dixon of the 151st: A bill to amend an Act establishing a system of public schools for the City of Waycross, so as to provide for the election of members of the Board of Education of the City of Waycross.
HB 1032. By Representatives Workman of the 51st, Redding of the 50th, Richardson of the 52nd, Williams of the 54th, Athon of the 57th and others: A bill to repeal an Act relating to the compensation of members of county boards of education in counties of this state having a population of not less than 400,000 nor more than 525,000 according to the United States decennial census of 1970 or any future such census.
HB 1034. By Representatives Shepard of the 71st, Mostiler of the 75th, Bray of the 91st and Ware of the 77th: A bill to reincorporate and provide a new charter for the City of Newnan in Coweta County.

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HB 1038. By Representative Crosby of the 150th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Clinch County Development Authority.
HB 1039. By Representative Crosby of the 150th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing for the election of the mem bers of the Board of Education of Clinch County and for the appointment of the county school superintendent of Clinch County by the Board of Education of Clinch County.
HB 1040. By Representative Crosby of the 150th:
A bill to provide for the collection of an additional fee for the benefit of'the Clinch County Law Library on each case filed in the Magistrate Court of Clinch County.
HB 1043. By Representatives Redding of the 50th, Robinson of the 58th, Aaron of the 56th, Williams of the 48th, Williams of the 54th and others:
A bill to amend an Act revising, superseding, and consolidating the laws relating to the governing authority of DeKalb County, so as to provide for an annual salary for the Chief Executive and for members of the DeKalb County Commission.
HB 1051. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd and Holcomb of the 72nd:
A bill to amend an Act creating a new charter for the City of Riverdale, so as to change the corporate limits of said city.
HB 1054. By Representatives Workman of the 51st, Redding of the 50th, Clark of the 55th, Williams of the 54th, Childs of the 53rd and others:
A bill to amend an Act establishing in DeKalb County districts from which the members of the county board of education shall be elected, so as to change the provisions relative to the compensation of the members of the board of education.
HB 1055. By Representative Carter of the 146th:
A bill to amend an Act creating a board of commissioners of Cook County, so as to change the compensation of the chairman and members of the board of commissioners.
HB 1058. By Representatives Chambless of the 133rd, Young of the 134th, White of the 132nd and Balkcom of the 140th:
A bill to amend an Act creating the Chehaw Park Authority, so as to change the composition of the authority and provide for appointment and terms of its members.
HB 1059. By Representatives Chambless of the 133rd, Young of the 134th, White of the 132nd and Balkcom of the 140th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the General Assembly to pass a special Act to merge the existing independent school system of the City of Albany and the existing school district in the County of Dougherty lying outside

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the corporate limits of said city into one school district co-extensive with the limits of Dougherty County.
HB 1060. By Representatives Chambless of the 133rd, Young of the 134th, White of the 132nd and Balkcom of the 140th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the governing authority of Dougherty County to grant exclusive franchises for the collection of garbage in the unincorporated areas of Dougherty County.
HB 1061. By Representatives White of the 132nd, Young of the 134th, Chambless of the 133rd and Balkcom of the 140th:
A bill to amend an Act creating a board of commissioners of Dougherty County, so as to change the compensation of the chairman and members of the board.
HB 1062. By Representatives Chambless of the 133rd, Young of the 134th, White of the 132nd and Balkcom of the 140th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment abolishing the office of Tax Commis sioner of the County of Dougherty and delegating to the governing authority of Dougherty County the authority to merge and consolidate the Board of Tax As sessors and the departments, officers, and functions of the County of Dougherty relating to the return and assessment of property for taxation.
HB 1064. By Representatives Chambless of the 133rd, Young of the 134th, White of the 132nd and Balkcom of the 140th:
A bill to amend an Act creating the State Court of Dougherty County, so as to change provisions concerning costs and fees.
HB 1065. By Representatives Chambless of the 133rd, Young of the 134th, White of the 132nd and Balkcom of the 140th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the City of Albany to in crease its bonded indebtedness, in addition to the amount of debts heretofore allowed under the Constitution, under certain circumstances, for the purpose of purchasing, erecting, building, repairing, and maintaining a waterworks system.
HB 1066. By Representatives Chambless of the 133rd, Young of the 134th, White of the 132nd and Balkcom of the 140th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing for the establishment of a sew age system in the City of Albany and Dougherty County and the authority for the City of Albany to contract with Dougherty County with respect to a sewage system, including a sewage disposal plant.
HB 1067. By Representatives Chambless of the 133rd, Young of the 134th, White of the 132nd and Balkcom of the 140th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing for the establishment of a sew age system in the City of Albany and Dougherty County and providing for the financing of such sewage system and a sewage disposal plant and for the assess ment of the cost of such sewers.

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1311

HB 1068. By Representatives Williams of the 48th, Robinson of the 58th, Richardson of the 52nd, Childs of the 53rd, Redding of the 50th and others:
A bill to amend an Act providing for the compensation of certain county officers and officials of DeKalb County, so as to change the compensation of the judge of the probate court and the clerk of the superior court.
HB 1069. By Representatives Williams of the 48th, Robinson of the 58th, Richardson of the 52nd, Childs of the 53rd, Waldrep of the 80th and others:
A bill to amend an Act providing for the compensation of certain county officers and officials of DeKalb County, so as to change the compensation of the tax com missioner and the provisions relating to the compensation of the tax commissioner.
HB 1070. By Representatives Triplett of the 128th, Johnson of the 123rd, Mueller of the 126th, Alien of the 127th and Hamilton of the 124th:
A bill to amend an Act creating the office of Chatham County Tax Commis sioner, so as to provide that the Commissioners of Chatham County shall pay the costs of any supplies, equipment, and employees necessary for performance of the tax commissioner.
HB 1049. By Representatives Thomas of the 69th 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 a home stead exemption for residents of the City of Carrollton in an amount to be fixed by the governing authority of the city at not more than $2,000.00 from all city ad valorem taxes.
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.
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.
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.
The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate:
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 terms of the members; to provide for the election of officers, quorum, bylaws, procedures, and meetings; to provide for compensation of members.

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The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 389. By Senator Foster of the 50th: A bill to amend an Act creating the office of commissioner of Towns County as the governing authority of said county so as to change the compensation of the commissioner; to provide an effective date.
Referred to Committee on Urban and County Affairs.
SB 390. By Senators Peevy of the 48th and Phillips of the 9th: A bill to amend an Act incorporating the City of Snellville, as amended, so as to deannex and exclude certain property from the corporate limits of the city.
Referred to Committee on Urban and County Affairs.
SB 391. By Senator Garner of the 30th: A bill to amend an Act known as the "Douglasville-Douglas County Water and Sewer Authority Act," as amended, so as to provide for the appointment of new members to the authority upon completion of the terms of the existing members and the manner in which the new members shall be appointed; to provide for the terms of office of each member.
Referred to Committee on Urban and County Affairs.
SR 184. By Senators Barnes of the 33rd, McKenzie of the 14th and Ray of the 19th: A resolution creating the Special Study Committee on the Problems of the Homeless in Georgia.
Referred to Committee on Rules.
SR 185. By Senators Hudgins of the 15th, Barker of the 18th, Albert of the 23rd and Scott of the 2nd: A resolution commending the police chiefs, sheriffs, and other heads of law en forcement agencies of Georgia who have appointed juvenile law enforcement officers.
Referred to Committee on Children and Youth.
SR 186. By Senators Hudgins of the 15th, Barker of the 18th, Newbill of the 56th and others: A resolution creating the Senate Children's Code Study Committee.
Referred to Committee on Rules.
The following bills of the House were read the first time and referred to committees:
HB 709. By Representative Crosby of the 150th: A bill to amend an Act creating the State Court of Ware County, so as to change the compensation of the judge and solicitor of the court.
Referred to Committee on Urban and County Affairs.
HB 1016. By Representatives Childers of the 15th, McKelvey of the 15th and Smith of the 16th: A bill to provide for the merger and consolidation of the existing Floyd County School System and the existing City of Rome Independent School System into a single county-wide school system.
Referred to Committee on Urban and County Affairs.

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1313

HB 1027. By Representatives Triplett of the 128th, Alien of the 127th, Mueller of the 126th and others: A bill to provide for a chief judge of the Recorder's Court of Chatham County.
Referred to Committee on Urban and County Affairs.
HB 1028. By Representative Dixon of the 151st: A bill to amend an Act establishing a system of public schools for the City of Waycross, so as to provide for the election of members of the Board of Education of the City of Waycross.
Referred to Committee on Urban and County Affairs.
HB 1034. By Representatives Shepard of the 71st, Mostiler of the 75th, Bray of the 91st and Ware of the 77th: A bill to reincorporate and provide a new charter for the City of Newnan in Coweta County.
Referred to Committee on Urban and County Affairs.
HB 1038. By Representative Crosby of the 150th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Clinch County Development Authority.
Referred to Committee on Urban and County Affairs.
HB 1039. By Representative Crosby of the 150th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing for the election of the mem bers of the Board of Education of Clinch County and for the appointment of the county school superintendent of Clinch County by the Board of Education of Clinch County.
Referred to Committee on Urban and County Affairs.
HB 1040. By Representative Crosby of the 150th: A bill to provide for the collection of an additional fee for the benefit of the Clinch County Law Library on each case filed in the Magistrate Court of Clinch County.
Referred to Committee on Urban and County Affairs.
HB 1043. By Representatives Redding of the 50th, Robinson of the 58th, Aaron of the 56th and others: A bill to amend an Act revising, superseding, and consolidating the laws relating to the governing authority of DeKalb County, so as to provide for an annual salary for the Chief Executive and for members of the DeKalb County Commission.
Referred to Committee on Urban and County Affairs.
HB 1049. By Representatives Thomas of the 69th 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 a home stead exemption for residents of the City of Carrollton in an amount to be fixed by the governing authority of the city at not more than $2,000.00 from all city ad valorem taxes.
Referred to Committee on Urban and County Affairs.

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HB 1051. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd and others:
A bill to amend an Act creating a new charter for the City of Riverdale, so as to change the corporate limits of said city. Referred to Committee on Urban and County Affairs.
HB 1054. By Representatives Workman of the 51st, Redding of the 50th, Clark of the 55th and others:
A bill to amend an Act establishing in DeKalb County districts from which the members of the county board of education shall be elected, so as to change the provisions relative to the compensation of the members of the board of education. Referred to Committee on Urban and County Affairs.
HB 1055. By Representative Carter of the 146th:
A bill to amend an Act creating a board of commissioners of Cook County, so as to change the compensation of the chairman and members of the board of commissioners. Referred to Committee on Urban and County Affairs.
HB 1058, By Representatives Chambless of the 133rd, Young of the 134th, White of the 132nd and others:
A bill to amend an Act creating the Chehaw Park Authority, so as to change the composition of the authority and provide for appointment and terms of its members. Referred to Committee on Urban and County Affairs.
HB 1059. By Representatives Chambless of the 133rd, Young of the 134th, White of the 132nd and Balkcom of the 140th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the General Assembly to pass a special Act to merge the existing independent school system of the City of Albany and the existing school district in the County of Dougherty lying outside the corporate limits of said city into one school district co-extensive with the limits of Dougherty County. Referred to Committee on Urban and County Affairs.
HB 1060. By Representatives Chambless of the 133rd, Young of the 134th, White of the 132nd and Balkcom of the 140th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the governing authority of Dougherty County to grant exclusive franchises for the collection of garbage in the unincorporated areas of Dougherty County. Referred to Committee on Urban and County Affairs.
HB 1061. By Representatives White of the 132nd, Young of the 134th, Chambless of the 133rd and Balkcom of the 140th:
A bill to amend an Act creating a board of commissioners of Dougherty County, so as to change the compensation of the chairman and members of the board. Referred to Committee on Urban and County Affairs.

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1315

HB 1062. By Representatives Chambless of the 133rd, Young of the 134th, White of the 132nd and Balkcom of the 140th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment abolishing the office of Tax Commis sioner of the County of Dougherty and delegating to the governing authority of Dougherty County the authority to merge and consolidate the Board of Tax As sessors and the departments, officers, and functions of the County of Dougherty relating to the return and assessment of property for taxation.
Referred to Committee on Urban and County Affairs.
HB 1064. By Representatives Chambless of the 133rd, Young of the 134th, White of the 132nd and Balkcom of the 140th:
A bill to amend an Act creating the State Court of Dougherty County, so as to change provisions concerning costs and fees.
Referred to Committee on Urban and County Affairs.
HB 1065. By Representatives Chambless of the 133rd, Young of the 134th, White of the 132nd and Balkcom of the 140th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the City of Albany to in crease its bonded indebtedness, in addition to the amount of debts heretofore allowed under the Constitution, under certain circumstances, for the purpose of purchasing, erecting, building, repairing, and maintaining a waterworks system.
Referred to Committee on Urban and County Affairs.
HB 1066. By Representatives Chambless of the 133rd, Young of the 134th, White of the 132nd and Balkcom of the 140th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing for the establishment of a sew age system in the City of Albany and Dougherty County and the authority for the City of Albany to contract with Dougherty County with respect to a sewage system, including a sewage disposal plant.
Referred to Committee on Urban and County Affairs.
HB 1067. By Representatives Chambless of the 133rd, Young of the 134th, White of the 132nd and Balkcom of the 140th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing for the establishment of a sew age system in the City of Albany and Dougherty County and providing for the financing of such sewage system and a sewage disposal plant and for the assess ment of the cost of such sewers.
Referred to Committee on Urban and County Affairs.
HB 1068. By Representatives Williams of the 48th, Robinson of the 58th, Richardson of the 52nd and others:
A bill to amend an Act providing for the compensation of certain county officers and officials of DeKalb County, so as to change the compensation of the judge of the probate court and the clerk of the superior court.
Referred to Committee on Urban and County Affairs.

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JOURNAL OF THE SENATE

HB 1069. By Representatives Williams of the 48th, Robinson of the 58th, Richardson of the 52nd and others:
A bill to amend an Act providing for the compensation of certain county officers and officials of DeKalb County, so as to change the compensation of the tax com missioner and the provisions relating to the compensation of the tax commissioner.
Referred to Committee on Urban and County Affairs.

HB 1070. By Representatives Triplett of the 128th, Johnson of the 123rd, Mueller of the 126th and others:
A bill to amend an Act creating the office of Chatham County Tax Commis sioner, so as to provide that the Commissioners of Chatham County shall pay the costs of any supplies, equipment, and employees necessary for performance 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 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 10. Do pass by substitute.

HR 265. Do pass.

HB 226. Do pass by substitute.

HR 270. Do pass.

HR 58. Do pass.

Respectfully submitted,

Senator Starr of the 44th District, Chairman

Mr. President:

The Committee on Defense and Veterans Affairs has had under consideration the fol lowing resolution of the House and has instructed me to report the same back to the Senate with the following recommendation:
HR 298. Do pass.
Respectfully submitted,
Senator Bryant of the 3rd District, Chairman

Mr. President:

The Committee on 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 267. Do pass.
Respectfully submitted,
Senator Foster of the 50th District, Chairman

Mr. President:

The Committee on Rules has had under consideration the following resolutions of the

TUESDAY, MARCH 3, 1987

1317

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

SR 170. Do pass as amended.

SR 177. Do pass by substitute.

SR 174. Do pass as amended.

HR 189. Do pass as amended.

SR 175. Do pass as amended.

HR 249. Do pass.

SR 176. Do pass as amended.

Respectfully submitted, Senator Dean of the 31st 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 559. HB 698. HB 787.

Do pass. Do pass. Do pass.

HB 949. Do pass. HB 953. 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 384. SB 386. SB 387. HB 171. HB 643. HB 833. HB 838. HB 845. HB 875. HB 881. HB 898. HB 899. HB 909. HB 926.

Do pass.

HB 927. Do pass.

Do pass.

HB 928. Do pass.

Do pass.

HB 929. Do pass.

Do pass.

HB 935. Do pass.

Do pass.

HB 946. Do pass.

Do pass by substitute.

HB 947. Do pass.

Do pass.

HB 957. Do pass.

Do pass.

HB 962. Do pass.

Do pass.

HB 963. Do pass.

Do pass.

HB 966. Do pass.

Do pass.

HB 975. Do pass.

Do pass.

HB 1012. Do pass.

Do pass.

HB 1013. Do pass.

Do pass.

HB 1014. Do pass.

Respectfully submitted,

Senator Turner of the 8th District, Chairman

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JOURNAL OF THE SENATE

The following bills and resolutions of the Senate and House were read the second time:
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.
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.
SR 151. By Senator Harrison of the 37th: A resolution encouraging the observance of March, 1987, as "Youth Art Month".
SR 158. By Senator Deal of the 49th: A resolution creating the Senate Public School Employee Ethics and Grievance Procedures Study Committee.
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.
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 O.C.G.A., 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 ser vice of the complaint upon which the garnishment judgment was obtained.
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 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 126. By Representative Wall of the 61st: A bill to amend Article 2 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order, so as to prohibit certain acts and conduct which would prevent or disrupt a session or meeting of the Senate

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1319

or House of Representatives, a joint session thereof, or any meeting of any stand ing or interim committee, commission, or caucus of members thereof.
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 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 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.
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 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 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 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.
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.

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JOURNAL OF THE SENATE

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 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.
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 347. By Representatives Beck of the 148th and Padgett of the 86th:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to special motor vehicle license plates, so as to provide that distinctive personalized license plates shall be issued to civilian internees on the same basis as to former prisoners of war.
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 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.
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.
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

TUESDAY, MARCH 3, 1987

1321

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 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 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.
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.
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.
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 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 oifense, 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 offense, charge, or allegation.
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.

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JOURNAL OF THE SENATE

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 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 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 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 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.
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.
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.
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

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1323

to change the provisions relating to reimbursement of travel expenses for attend ance at meetings and for attendance at educational programs.
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.

The President called for the morning roll call, and the following Senators answered to theiiir* nnaam moecs*:

Albert Allgood Baldwin Barker Brannon Bryant Burton Coleman Deal Echols Edge English Engram

Fincher Foster Garner Gillis Harris Harrison Hine Huggins Kennedy Kidd McGill McKenzie Newbill

Those not answering were Senators:

Peevy Perry Ragan Ray Scott of 2nd Scott of 36th Shumake Stumbaugh Timmons Tolleson Turner Tysinger

Barnes Bowen Broun of 46th Brown of 47th Coverdell
Crumbley

Dawkins Dean Howard Hudgins Land
Langford

Olmstead Phillips Q btarr Tate
Walker

Senator Howard of the 42nd introduced the chaplain of the day, Bishop Earl P. Paulk, pastor of Chapel Hill Harvester Church, Decatur, Georgia, who offered scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 187. By Senators Kennedy of the 4th, Coleman of the 1st, Allgood of the 22nd and others:
A resolution expressing tribute to Honorable John R. Riley.

SR 188. By Senators Shumake of the 39th and Engram of the 34th: A resolution commending Lechmere, Inc.

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JOURNAL OF THE SENATE

SR 189. By Senators Shumake of the 39th and Engram of the 34th:
A resolution commending Mervyn's.
SR 190. By Senator Hine of the 52nd:
A resolution commending Mike King.
SR 191. By Senator Hine of the 52nd:
A resolution commending Houston Lee Freeman.
SR 192. By Senator Hine of the 52nd:
A resolution commending Harvey Burnes, Jr., and John Ellen.
SR 193. By Senators Gillis of the 20th, Kennedy of the 4th, Bryant of thr 3rd and others:
A resolution commending Mr. Marvin E. Brazeal.
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, March 3, 1987
THIRTY-FOURTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 384 Barnes, 33rd Harrison, 37th Tolleson, 32nd Newbill, 56th Cobb County
Amends Act creating State Court of county; changes amount of compensation of judges of second division of State Court of county; authorizes governing authority to pay employee contributions to Trial Judges and Solicitors Re tirement Fund on behalf of judges of second division of State Court.
SB 386 Coleman, 1st Scott, 2nd Bryant, 3rd City of Savannah Chatham County
Amends several Acts relating to and incorporating Mayor and Aldermen of city; provides that city shall have and be authorized to exercise all redevelop ment powers and other powers which are granted or authorized to be granted to municipalities pursuant to the "Redevelopment Powers Law".

TUESDAY, MARCH 3, 1987

1325

SB 387 Coleman, 1st Scott, 2nd Bryant, 3rd Chatham County
Authorizes county to have and be authorized to exercise all redevelopment and other powers authorized or granted counties pursuant to the "Redevelop ment Powers Law" as now or hereafter amended; provides for certain such powers.
HB 171 Barnes, 33rd Tolleson, 32nd Harrison, 37th City of Marietta Cobb County
Amends Act re-incorporating city; de-annexes and excludes certain property from corporate limits of city.
HB 643 Barnes, 33rd Tolleson, 32nd Harrison, 37th Newbill, 56th Cobb County
Amends Act creating State Court of county; changes compensation of judges of State Court.
*HB 833 Coleman, 1st Scott, 2nd Bryant, 3rd City of Bloomingdale Chatham County
Amends Act creating charter; includes certain additional territory within cor porate limits. (SUBSTITUTE)
HB 838 Bryant, 3rd Echols, 6th Glynn County
Amends Act creating a Board of Commissioners of county; changes expense allowance of the chairman and members of board.
HB 845 Barnes, 33rd Tolleson, 32nd Harrison, 37th Newbill, 56th Cobb County
Amends Act providing for compensation of judge of Juvenile Court of county; changes compensation of judge.
HB 875 Barnes, 33rd Tolleson, 32nd Harrison, 37th Newbill, 56th Cobb County
Amends Act consolidating offices of tax collector and tax receiver of county

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JOURNAL OF THE SENATE

into one office of tax commissioner of county; changes compensation of tax commissioner and the chief clerk of tax commissioner.
HB 881 Barnes, 33rd Tolleson, 32nd Harrison, 37th Newbill, 56th Cobb County
Amends Act changing compensation of clerk of Superior Court, sheriff, and judge of Probate Court of county from fee system to salary system; changes provisions relating to compensation of deputy clerk of Superior Court.
HB 898 Barnes, 33rd Tolleson, 32nd Harrison, 37th Newbill, 56th Cobb County
Amends Act changing compensation of clerk of Superior Court, sheriff, and probate judge of county from fee system to salary system; changes salary of chief deputy sheriff of county; changes compensation of chief investigator for county.
HB 899 Barnes, 33rd Tolleson, 32nd Harrison, 37th Newbill, 56th Cobb County
Amends Act changing compensation of clerk of Superior Court, sheriff, and probate judge of county from fee system to salary system; provides for an executive secretary for sheriff.
HB 909 Barnes, 33rd Tolleson, 32nd Harrison, 37th Newbill, 56th Cobb County
Amends Act creating Board of Commissioners; changes compensation provi sions relating to members of Board of Commissioners and chairman.
HB 926 Bowen, 13th Worth County
Provides that vehicles shall be registered and licensed to operate for ensuing calendar year and thereafter in county during designated registration periods.
HB 927 Bowen, 13th City of Poulan Worth County
Amends Act creating new charter for city; changes corporate limits of city.
HB 928 Bowen, 13th Worth County
Continues amendment creating Worth County Development Authority.

TUESDAY, MARCH 3, 1987

1327

HB 929 Bowen, 13th Worth County
Amends Act creating Board of Commissioners of county; changes compensa tion of chairman of board.
HB 935 Bryant, 3rd City of Brunswick Glynn County
Amends Act implementing Brunswick and Glynn County Development Au thority; changes method of appointing membership.
HB 946 Barker, 18th City of Warner Robins Houston County
Continues amendment creating Warner Robins Development Authority.
HB 947 Harrison, 37th Brannon, 51st City of Holly Springs Cherokee County
Provides new charter for city in county; changes corporate limits thereof.
HB 957 Bowen, 13th City of Ocilla Irwin County
Continues amendment creating Ocilla-Irwin County Industrial Development Authority.
HB 962 Dean, 31st Polk County
Creates office of tax commissioner of county; changes compensation of tax commissioner.
HB 963 Dean, 31st Polk County
Amends Act creating Board of Commissioners of county; changes salary of chairman and each of the other members of Board of Commissioners.
HB 966 Barnes, 33rd Tolleson, 32nd Harrison, 37th Newbill, 56th Cobb County
Amends Act creating State Court of county; changes compensation of clerk and chief deputy clerk of court.
HB 975 Broun, 46th City of Athens Clarke County
Continues amendment providing for establishment of a Downtown Athens Development Authority.

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JOURNAL OF THE SENATE

HB 1012 Turner, 8th Echols County
Continues amendment creating Echols County Development Authority.
HB 1013 Turner, 8th Echols County
Continues amendment providing that effective Jan. 1, 1979, the judge of Pro bate Court of county shall also be judge of county court of Echols County and provides for compensation of said officer until otherwise provided by law.
HB 1014 Turner, 8th City of Quitman Brooks County
Amends Act re-incorporating and providing a new charter for City of Quit man in Brooks county; changes composition of municipal governing author ity, known as the Board of Commissioners.
The substitute to the following bill was put upon its adoption:
*HB 833:
The Senate Committee on Urban and County Affairs offered the following substitute to HB 833:
A BILL
To be entitled an Act to amend an Act creating a charter for the City of Bloomingdale, approved March 25, 1974 (Ga. L. 1974, p. 3439), as amended, particularly by an Act ap proved March 17, 1978 (Ga. L. 1978, p. 4076) and an Act approved April 12, 1982 (Ga. L. 1982, p. 4298), so as to include certain additional territory within the corporate limits; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating a charter for the City of Bloomingdale, approved March 25, 1974 (Ga. L. 1974, p. 3439), as amended, particularly by an Act approved March 17, 1978 (Ga. L. 1978, p. 4076) and an Act approved April 12, 1982 (Ga. L. 1982, p. 4298), is amended by adding a new subsection (d) at the end of Section 1.03 to read as follows:
"(d) The corporate limits of the City of Bloomingdale shall also include the territory described as follows:
TRACT I
Point of Beginning: The present intersection of the northern boundary line of the Bloomingdale City limits and the Chatham/Effingham County line; thence in a northerly direction along the said Chatham/Effingham County line to the intersection of said county line with the northern right of way line of Highway 80; thence in an easterly direction along the northern right of way line of Highway 80 to the intersection of the present western city limits of the City of Bloomingdale and the northern right of way line of Highway 80; thence in a southern direction along the western city limits of the City of Bloomingdale to a certain point where the City limits turns in a westerly direction and becomes the northern bound ary line of the City of Bloomingdale; thence along this boundary line in a westerly direction to the point where this above mentioned northern boundary line intersects the Chatham/ Emngham County line (by point of beginning).
TRACT II
Beginning at the intersection of the Little Ogeechee River (the present corporate limits) and the northern right-of-way line of the Savannah Electric and Power Company's high

TUESDAY, MARCH 3, 1987

1329

voltage transmission line (erected in the fall of 1941) and in a westerly direction along said right-of-way line for a distance of 3,000 feet to a point on said right-of-way line, then in a southwesterly direction in a straight line a distance of 2,000 feet to a point on the eastern right-of-way line of the eastern fork of the Osteen Road (also known as the Lightsey Road), then in a southerly direction along said eastern right-of-way line to a point where said road intersects the northern right-of-way of Interstate 16. Then in a southerly direction across Interstate 16 to the southern right-of-way line of Interstate 16, then in a easterly direction along said right-of-way to the point of the beginning of the southern right-of-way line of the southwestern ramp of Interstate 16 leading to Ga. 17, then along said right-of-way line to the end of Ga. 17, then across the end of Ga. 17 to the eastern right-of-way line of the New Little Neck Road, then in a southerly direction a distance of 4,100 feet to the northern right-of-way line of the Red Hill Road. Then in a easterly direction along the northern right-of-way line of the Red Hill Road for a distance of 2,000 feet to a point where said Red Hill Road intersects the Old Little Neck Road. Then in a continuing easterly direction for a distance of 1,400 feet to the channel of the Little Ogeechee River, then in a northerly direc tion along the channel of the Little Ogeechee River a distance of 2,400 feet to a point where the said Little Ogeechee River intersects the southern right-of-way line of Interstate 16, then in an easterly direction along the southern right-of-way line of Interstate 16 for a dis tance of 1,250 feet to the corporate limits of the City of Pooler. Then in a northerly direc tion a distance of 300 feet to the northern right-of-way line of Interstate 16, then in a west erly direction along the northern right-of-way line of Interstate 16 for a distance of 1,000 feet to the channel of the Little Ogeechee River, then in a northerly and westerly direction along said channel to the existing corporate limits of the City of Bloomingdale. Then in a continuing westerly direction a distance of 2,500 feet along said channel of the Little Ogeechee River to a point. Then at this point at a 90 degree angle in a southerly direction a distance of 250 feet to a point on the northern right-of-way line of Interstate 16, then along said northern right-of-way in a westerly direction to the northeastern ramp leading to Ga. 17. Then along the northeastern right-of-way line of said ramp to a point where said ramp intersects Ga. 17, then in a northerly direction along the eastern right-of-way line of Ga. 17 to the Little Ogeechee River (present corporate limits), then in a northwesterly direction along the channel of the Little Ogeechee River to the intersection with the northern rightof-way line of the Savannah Electric and Power Company's transmission line to the point of beginning."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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 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 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 Huggins Kennedy Kidd McGill

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JOURNAL OF THE SENATE

McKenzie Newbill ,lmstead
picGe VV
Phillips Ragan

Ray Scott of 2nd Scott of 36th
Shumake Starr Stumbaugh

Tate Timmons Tolleson
Turner Tysinger Walker

Those not voting were Senators:

Barker Bowen

English Hudgins

Land Langford

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

All the bills on the Senate Local Consent Calendar, except HB 833, having received the requisite constitutional majority, were passed.

HB 833, having received the requisite constitutional majority, was passed by substitute.

SENATE RULES CALENDAR
Tuesday, March 3, 1987
THIRTY-FOURTH LEGISLATIVE DAY
HB 724 Intangible Personal Property Taxation--meaning of domesticated foreign corpo ration (AMENDMENT) (B&F--15th)
HB 807 Higher Education Assistance Corporation--guarantee service cancelable student loans (H ED--46th)
HB 277 Teachers Retirement--redefine accumulated contributions (SUBSTITUTE) (RET--53rd)
HB 810 Stone Mountain Memorial Association--alcoholic beverage license on premises (C AFF--36th)
HB 245 Workers' Compensation--city authorized for self-insurance fund (INS--55th)
HB 297 Certain Library Records--confidential (S JUDY--43rd)
HB 498 Inheritance by Illegitimate Child--provisions when through father (C&Y--35th)
HB 759 Medical Students--provide certain tort immunity (JUDY--33rd)
HB 99 Conviction of Simple Battery Against Those Sixty-Five (65) or Older--punishment (CORR--34th)
HB 27 District Attorneys' Investigators--appointment and health plan (AMEND MENT) (JUDY--49th)
HB 809 Higher Education Assistance Corporation--definition of "student", "eligible stu dent" (H ED--54th)
HB 450 North Georgia College Military Scholarships--change number of recipients (H ED--54th)
HB 289 Alcoholic Beverage Possession by Those Under Twenty-One (21)--city court try first offense (SUBSTITUTE) (C AFF--29th)
HB 246 Interlocal Risk Management Agencies--change certain definitions (INS--55th)
HR 76 Social Security Act--urge United States Congress to adopt certain legislation (RULES--30th)
HB 432 Board of Examiners for Speech Pathology, Audiology--continue but later termi nate (SUBSTITUTE) (HUM R--42nd)

TUESDAY, MARCH 3, 1987

1331

HB 605 Professional Fund Raisers, Solicitors--registration of charitable organizations (JUDY--49th)
HB 402 Public Officer, Employee on Military Duty--change pay provisions (D&VA--7th)
HB 302 Alimony, Child Support Proceeding--attachment for contempt (SUBSTITUTE) (JUDY--33rd)
HB 264 Probate Courts--may correct errors, grant new trials in certain cases (S JUDY--45th)
HB 501 Placement of Child in Shelter Care--approval of juvenile court judge (C&Y--33rd)
HB 239 Boat Safety Act--define reportable boating accident (NAT R--20th)
HB 266 Driver's Licenses--notice of suspension by court (SUBSTITUTE) (AMEND MENT) (S JUDY--33rd)
Respectfully submitted,
/s/ Nathan Dean Dean of the 31st, Chairman Senate Rules Committee

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

HB 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.
Senate Sponsors: Senators Hudgins of the 15th and Barnes of the 33rd.

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

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

MEMORANDUM

TO:

The Honorable Joe Mack Wilson, Chairman

House Ways and Means Committee

FROM:

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

DATE:

February 19, 1987

SUBJECT: Fiscal Note--House Bill 724 (Committee Substitute) (LC 14 4799S) Intangible Tax--Domesticated Foreign Corporation Defined

This Bill formally defines "domesticated foreign corporation" as it applies to the taxa tion of intangible personal property. Currently, the Department of Revenue only considers those companies identified in a 1969 court case as domesticated foreign corporations. In addition, this Bill also specifically identifies that the stock of a foreign subsidiary corpora tion held by a foreign parent corporation headquartered in Georgia would also not be taxable.

The exact fiscal impact of this Bill cannot be predicted since the amount of stock cur rently taxed that would be exempted under the provisions of this Bill could not be deter-

1332

JOURNAL OF THE SENATE

mined without extensive review of manual tax records. It should be noted that $1 of intangi ble tax is collected for each $1,000 of fair market value of nonexempted corporate stocks. Stocks of the following companies are but a few of those that would be added to the list of exempt stocks of domesticated foreign corporations: Home Depot, Inc., Charter Medical Corp., Delta Airlines, Inc., H.B.O. and Company, Rollins Communications, Inc., Coca Cola Financial Corp. and Electromagnetic Sciences, Inc.

/s/ G. W. Hogan State Auditor

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

The Senate Committee on Banking and Finance offered the following amendment:

Amend HB 724 by adding on line 9 of page 1, after the word and semicolon "state;", the following:
"to exempt certain stock from intangible taxes;".
By striking lines 31 and 32 on page 2 and lines 1 through 4 on page 3 in their entirety and substituting in lieu thereof the following:
" '(16) Stock held in a foreign corporation which was a party to a reorganization with a Georgia corporation prior to January 1, 1986, under the provisions of Part 19 of Article 2 of Chapter 1 of Title 7 and the stock of which Georgia corporation was exempt from such tax prior to such reorganization.' "

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 Barnes Bowen Brannon Broun of 46th Brown of 47th *Ty*nt CBouvrteorndell
Crumbley
Dawkins Deal
Dean
Echols
Edge

Engram Fincher Foster Garner Gillis Harris Harrison Hinfi Howard Hudgm. s
Muggins
Kennedy Kidd
McGill
McKenzie
Newbill

Olmstead Peevy Perry Phillips Ragan Ray Scott of 36th Shumake Starr 0Stumbaugh
Tate
Timmons Tolleson
Turner
Tysinger
Walker

Those not voting were Senators:

Barker Coleman

English Land

Langford Scott of 2nd

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

TUESDAY, MARCH 3, 1987

1333

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

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.
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 Brannon Broun of 46th Brown of 47th Bryant Burton Coverdell Crumbley Dawkins Deal Dean Echols

Edge English Engrain Fincher Foster Garner Gillis Harris Harrison Hine Howard Huggins Kennedy Kidd 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:

Coleman Hudgins

Land

Timmons

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

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

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.
Senate Sponsor: Senator Huggins of the 53rd.

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

1334

JOURNAL OF THE SENATE

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

STATE AUDITOR'S CERTIFICATION

TO:

The Honorable Rudolph Johnson

State Representative

FROM:

G. W. Hogan, State Auditor

DATE:

January 14, 1987

SUBJECT: Legislative Bill HB 277-LC 7 6483 Teachers' Retirement System

This Bill would require employers to pay employee contributions on behalf of members of the Teachers' Retirement System. The payments would be based on the current employer contribution rate of six percent of earnable compensation. The bill would become effective July 1, 1987 and employers could, but would not be required to, reduce the compensation of members by an amount not to exceed the employee contribution paid by the employer on behalf of the members. Employee contributions made by employers on behalf of members would be treated as employer contributions in determining federal tax treatment under the United States Internal Revenue Code. Any costs resulting from this bill would depend whether or not the compensation of members was reduced to fund the employer payments of employee contributions.

This is to certify that this is a non-fiscal bill to the Teachers' Retirement System.

/s/ G. W. Hogan State Auditor

The Senate Committee on Retirement offered the following substitute to HB 277:

A BILL
To be entitled an Act 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 contribu tions to the retirement system; to provide that employers shall make employee contribu tions on behalf of members; to provide that such employee contributions made by employers shall be treated as employer contributions for certain tax purposes; to authorize employers to reduce the compensation of members to fund such employer payment of em ployee contributions; to authorize persons at least 60 years of age who become teachers to decline membership in the retirement system; to authorize certain members to remain mem bers of the retirement system notwithstanding a change in employment status which would ordinarily require membership in the Employees' Retirement System of Georgia; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the Teachers Retirement System of Georgia, is amended by striking paragraph (1) of Code Section 47-3-1, relating to definitions, in its entirety and substituting in lieu thereof a new paragraph (1) to read as follows:
"(1) 'Accumulated contributions' means the sum of all the amounts deducted from the earnable compensation of a member or paid by the member to establish or reestablish credit for service, which amounts are credited to his individual account in the annuity savings fund, together with regular interest on such amounts, as provided in Code Section 47-3-41.

TUESDAY, MARCH 3, 1987

1335

Beginning July 1, 1987, 'accumulated contributions' shall include the amount of employee contributions paid by employers on behalf of members and credited to the individual ac counts of members in the annuity savings fund, together with regular interest thereon."
Section 2. Said chapter is further amended by striking paragraph (1) of subsection (a) of Code Section 47-3-41, relating to the annuity savings fund and employee contributions, in its entirety and substituting in lieu thereof a new paragraph (1) to read as follows:
"(1) After the commencement date, each employer shall cause to be deducted from the salary of each member for each and every payroll period 6 percent of his earnable compen sation; but no such deduction shall be made from the compensation of a member after the close of the school, fiscal, or contract year in which the member has attained age 65 and has completed 40 or more years of creditable service. In determining the amount earnable by a member in a payroll period, the employer may consider the annual rate of compensation payable to such member on the first day of the payroll period as continuing throughout such payroll period. The employer may omit the deduction from compensation for any period which is less than a full payroll period, if a teacher was not a member on the first day of the payroll period. In order to facilitate the making of deductions, the employer may modify the deductions required of any member by an amount not to exceed one-tenth of 1 percent of the annual compensation, on the basis of which such deductions are to be made. Each em ployer shall immediately pay the amount deducted to the board of trustees, in such manner as the board of trustees shall prescribe, which amount shall be credited by the board of trustees to the individual accounts in the annuity savings fund of the member from whose compensation the deductions were made. Beginning July 1, 1987, the employee contribu tions required under this paragraph shall be paid as provided in Code Section 47-3-41.1;"
Section 3. Said chapter is further amended by adding immediately following Code Sec tion 47-3-41 a new Code Section 47-3-41.1 to read as follows:
"47-3-41.1. (a) Beginning on July 1, 1987, each employer shall pay to the board of trust ees on behalf and to the credit of each member required to make employee contributions under subsection (a) of Code Section 47-3-41, on each and every payroll period, the em ployee membership contributions specified by said subsection (a) of Code Section 47-3-41 for membership service acquired after June 30, 1987.
(b) Employee contributions made by employers on behalf of members as provided in subsection (a) of this Code section shall be treated as employer contributions in determining federal tax treatment under the United States Internal Revenue Code; provided, however, employers shall continue to withhold federal income taxes on the basis of such contributions until the Internal Revenue Service or the federal courts rule that, pursuant to Section 414 (h) of the United States Internal Revenue Code, these contributions shall not be included as gross income of the employee until such time as they are distributed or made available.
(c) Each employer may reduce the compensation payable to a member in an amount not exceeding the amount of the employee contribution paid by the employer on behalf of the member as provided in subsection (a) of this Code section. Such reduction in compensa tion may be made, notwithstanding the fact that the compensation provided by or pursuant to law for the member may be reduced thereby.
(d) Employee contributions made by employers on behalf of members as provided in subsection (a) of this Code section shall be included in the earnable compensation of mem bers in the computation of retirement benefits, and, except for the purposes of subsection (b) of this Code section, such contributions shall continue to be employee contributions for all purposes under this chapter.
(e) Employee contributions made by employers on behalf of members as provided in subsection (a) of this Code section shall continue to be taxable income for the purposes of Chapter 7 of Title 48, relating to Georgia income taxes, notwithstanding the fact that under subsection (b) of this Code section such contributions may be treated as employer contribu tions in determining federal tax treatment under the United States Internal Revenue Code.
(f) All members shall retain, have, and be subject to all other rights, privileges, obliga-

1336

JOURNAL OF THE SENATE

tions, and duties provided for by other provisions of this chapter and such other provisions shall remain of full force and effect with respect to any matter not specifically provided for in this Code section."
Section 4. Said chapter is further amended by adding at the end of Code Section 47-360, relating to membership in the retirement system, new subsections (j) and (k) to read as follows:
"(j) Any other provisions of law to the contrary notwithstanding, any person at least 60 years of age who first becomes a teacher on or after July 1, 1987, and any former member of the retirement system at least 60 years of age who has withdrawn from the retirement sys tem employee contributions made during such former membership again becoming a teacher on or after July 1, 1987, shall have the right to decline membership in the retirement sys tem. The right shall be exercised by sending written notice to the board of trustees on a form provided by the board for such purpose. The right must be exercised within 90 days after becoming a teacher. Any person declining membership in the retirement system pursu ant to this subsection shall not at any time thereafter be eligible for membership in the retirement system. Any person failing to exercise the right provided by this subsection within 90 days after becoming a teacher shall become and remain a member of the retire ment system as a condition of continued employment. Any employee contributions made during the first 90 days as a teacher by a person who exercises the right provided by this subsection shall be reimbursed to the person within 30 days after the board of trustees receives the written notice declining membership in the retirement system.
(k) Any other provisions of this chapter or of Chapter 2 of this title to the contrary notwithstanding, any member of this retirement system with five or more years of continu ous membership service who is employed by Central State Hospital and who, without any break in employment, becomes employed in a position where membership in the Employees' Retirement System of Georgia is ordinarily required shall have the option to remain a mem ber of this retirement system, notwithstanding the change in the member's employment status. Such option shall be exercised by notification, in writing, to the boards of trustees of this retirement system and the Employees' Retirement System of Georgia. The employer of any such member who exercises the option provided by this subsection shall be an employer for the purposes of this chapter."
Section 5. This Act shall become effective on July 1, 1987.
Section 6. All laws and parts of laws in conflict with this Act are repealed.

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

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

STATE AUDITOR'S CERTIFICATION

TO:

The Honorable Sonny Huggins

State Senator

FROM:

G. W. Hogan, State Auditor

DATE:

February 20, 1987

SUBJECT: House Bill 277 (Substitute) (LC 7 6679S) Teachers' Retirement System (TRS)

This Bill would require employers to pay employee contributions on behalf of members of the Teachers' Retirement System (TRS). The payments would be based on the current employer contribution rate of six percent of earnable compensation. The Bill would become effective July 1, 1987 and employers could, but would not be required to, reduce the com-

TUESDAY, MARCH 3, 1987

1337

pensation of members by an amount not to exceed the employee contribution paid by the employer on behalf of the members. Employee contributions made by employers on behalf of members would be treated as taxable income for Georgia income tax purposes and as employer contributions in determining federal tax treatment under the United States Inter nal Revenue Code. Any costs resulting from this Bill would depend on whether or not the compensation of members was reduced to fund the employer payments of employee contributions.
This Bill would also permit any person who is at least age 60 and who first becomes a teacher on or after July 1, 1987 to decline membership in the retirement system. The right to decline membership would also apply to any former member of the system who is at least age 60 who has withdrawn employee contributions made during the period of membership and who again becomes a teacher on or after July 1, 1987. To decline system membership, a person must apply in writing within 90 days after becoming a teacher. Any employee contri butions made during the first 90 days as a teacher by a person who declines membership would be refunded.
In addition this Bill would allow TRS members employed by Central State Hospital with five or more years of continuous membership service the option to remain members of the TRS even though they become employed in a position that ordinarily requires member ship in the Employees' Retirement System. This option would be exercised by written noti fication to the boards of trustees of both retirement systems.
This is to certify that this is a nonfiscal Bill to the Teachers' Retirement System.
/s/ G. W. Hogan State Auditor

On the adoption of the substitute, the yeas were 34, nays 0, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon
BBRrrroywannt off,477t^h
Burton Coleman
Coverdell Crumbley Dawkins Dean Echols Edge

English Engram Fincher Foster Garner Gillis Harris
HHHoianwmeaSrdn
Hudgins Huggins
Kennedy Kidd Langford McGill McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan j^ay Scott of 2nd
SS,,,hcoutmt aok,fe36th
Marr , Stumbaugh
Tate Timmons Tolleson Turner Tysinger Walker

Not voting were Senators Deal and Land.

1338

JOURNAL OF THE SENATE

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

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

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.
Senate Sponsor: Senator Scott of the 36th.

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

On the 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
BDBCBorroylweuaemnnntaonf, 46th, Dawkins Dean Echols English

Engram Garner Gillis Harris
HuHK...iea.nnrerniseod,ny Kldd Langford McGill McKenzie

Olmstead Peevy Perry Ray
SaSS_,hccooutttmttt aook.rffe23Qn6CdtHh, Tate Timmons Turner Walker

Those voting in the negative were Senators:

Baldwin Brannon Brown of 47th Burton Coverdell Crumbley

Deal Edge Fincher Foster Howard Huggins

Newbill Phillips Ragan Starr Stumbaugh Tysinger

Those not voting were Senators:

Hudgins

Land

Tolleson

On the passage of the bill, the yeas were 34, nays 18.

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

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

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

TUESDAY, MARCH 3, 1987

1339

workers' compensation self-insurance fund; to revise the provisions relating to excess insurance.
Senate Sponsor: Senator Stumbaugh of the 55th.

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

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

Those voting in the affirmative were Senators:

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

Dean Echols Edge English Engram Foster Garner Gillis Hine Howard Kidd Langford McGill Newbill Olmstead

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

Those not voting were Senators:

Bowen Fincher Harris Harrison

Hudgins Huggins Kennedy (presiding)

Land McKenzie Perry

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

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

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.
Senate Sponsor: Senator Walker of the 43rd.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker

Barnes Brannon Broun of 46th Brown of 47th

Burton Coleman Coverdell Crumbley

1340

JOURNAL OF THE SENATE

Deal Dean Echols Edge English Foster Garner Gillis Harris Harrison Hine

Howard Hudgins Huggins Kidd Langford McGill Newbill Olmstead Peevy Perry Phillips

Those not voting were Senators:

Bowen Bryant Dawkins Engram

Fincher Kennedy (presiding) Land

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

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

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

Senator Brannon of the 51st gave notice that, at the proper time, he would move that the Senate reconsider its action previously today in passing the following bill of the House:

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

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.
Senate Sponsor: Senator Langford of the 35th.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Brannon

Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell

Crumbley Deal Dean Echols Edge English

TUESDAY, MARCH 3, 1987

1341

Engram Fincher Foster Garner Gillis Harris Harrison Hine Hudgins Huggins

Kidd Langford McGill Newbill Olmstead Peevy Phillips Ragan Ray Scott of 2nd

Those not voting were Senators:

Bowen Dawkins Howard

Kennedy (presiding) Land

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

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

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

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.
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 Broun of 46th Brown of 47th Bryant
Burton Coverdell Crumbley Dawkins Deal Dean Echols

Edge English Fincher Foster Garner Gillis Harris Hine Hudgins Huggins Kidd Langford McGill Newbill

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

Those not voting were Senators:

Barker Bowen Brannon Coleman Engram

Harrison Howard Kennedy (presiding) Land

McKenzie Perry Scott of 2nd Tolleson

1342

JOURNAL OF THE SENATE

On the passage of the bill, the yeas were 42, nays 0.

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

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.
Senate Sponsors: Senators Engram of the 34th and Newbill of the 56th.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Brannon Broun of 46th Brown of 47th Bryant Burton Coverdell Crumbley Dawkins Dean Echols

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

McGill Newbill Olmstead Phillips Ragan Ray Scott of 36th Shumake Starr Stumbaugh Tate Turner
Tysinger Walker

Voting in the negative were Senators Deal and Peevy.

Those not voting were Senators:

Barker Bowen Coleman Howard

Kennedy (presiding) Land McKenzie Perry

Scott of 2nd Timmons Tolleson

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

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

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

TUESDAY, MARCH 3, 1987

1343

benefit plan, so as to include district attorneys' investigators as employees for purposes of the plan.
Senate Sponsor: Senator Deal of the 49th.

The Senate Committee on Judiciary offered the following amendment:

Amend HB 27 by striking line 21 of page 1 in its entirety and substituting in lieu thereof the following:
"judicial circuit".

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

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes 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 Kidd Langford McGill

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

Those not voting were Senators:

Bowen Howard Hudgins

Kennedy (presiding) Land McKenzie

Scott of 2nd Shumake Tolleson

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

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

HB 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".
Senate Sponsor: Senator Fincher of the 54th.

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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 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 Kidd Langford

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

Those not voting were Senators:

Bowen Howard Hudgins Kennedy (presiding)

Land McKenzie Olmstead

Peevy Scott of 2nd Tolleson

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

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

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.
Senate Sponsor: Senator Fincher of the 54th.

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 Brannon Broun of 46th Brown of 47th

Burton Coverdell Crumbley Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Garner Gillis Harris Harrison

TUESDAY, MARCH 3, 1987

1345

Hine Huggins Kidd Langford McGill Newbill

Olmstead Perry Phillips Ragan Ray Scott of 36th

Shumake Starr Stumbaugh Tate Turner Tysinger

Those not voting were Senators:

Bowen Bryant Coleman Howard Hudgins

Kennedy (presiding) Land McKenzie Peevy

Scott of 2nd Timmons Tolleson Walker

On the passage of the bill, the yeas were 42, nays 0.

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

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.
Senate Sponsor: Senator Stumbaugh of the 55th.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes
o, u Broun of 46th BBrroywannt of 47th
BCoulretomnan
Coverdell Crumbley Deal Dean Echols

Edge English Engram Fincher Foster
n Gilhs HHaarrrriisson
HHoinweard
Huggins Kidd Langford McGill Newbill

Olmstead Perry Phillips Ragan
Sctt of 2nd g of 36th f0h1_umak, e
Sttaurmr bLaugh,
Tate Timmons Tolleson Turner Tysinger

Those not voting were Senators:

Bowen Dawkins Hudgins

Kennedy (presiding) Land McKenzie

Peevy Walker

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JOURNAL OF THE SENATE

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

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

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.
Senate Sponsor: Senator Garner of the 30th.

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 Burton Coleman Coverdell Crumbley Dawkins Deal Echols

Edge Engram Fincher Foster Gillis Harris Hine Howard Hudgins Huggins Kidd
Langford McGill Newbill Olmstead

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

Those not voting were Senators:

Bowen Bryant Dean English

Garner Harrison Kennedy (presiding) Land

McKenzie Timmons Walker

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

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

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

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.

TUESDAY, MARCH 3, 1987

1347

The House amendment was as follows:

Amend the Senate substitute to HB 544 by striking Section 2 in its entirety and in serting in lieu thereof a new Section 2 to read as follows:
"Section 2. This Act shall become effective on January 1, 1989."

Senator Langford of the 35th moved that the Senate disagree to the House amendment to the Senate substitute to HB 544.

On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate disagreed to the House amendment to the Senate substitute to HB 544.

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

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.
Senate Sponsor: Senator Howard of the 42nd.

Senator Howard of the 42nd moved that HB 432 be postponed until March 4.

On the motion, the yeas were 29, nays 0; the motion prevailed, and HB 432 was post poned until March 4.

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.
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

Dawkins Deal Echols Edge Fincher Foster Gillis Harris Harrison Hine Howard Hudgins Huggins

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

1348

JOURNAL OF THE SENATE

Tolleson Turner

Tysinger

Walker

Those not voting were Senators:

Bowen Dean English Engram

Garner Kennedy (presiding) Land McKenzie

Perry Stumbaugh Tate Timmons

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

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

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.
Senate Sponsor: Senator Perry of the 7th.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker
Barnes Brannon Broun of 46th Bgrown. of 47th Burton Coleman Crumbley Dawkins Deal Echols Edge

English Engram Fincher Foster
Gillis Harris Harrigon ,,Howard, Hudgins Huggms Kidd Langford McGill Newbill Olmstead

Peevy Perry Phillips Ragan
Ray Scott of 2nd Scott of 36th cSh, umak, e Starr Stumbaugh Timmons Tolleson Turner Tysinger Walker

Voting in the negative were Senators Coverdell and Hine.

Those not voting were Senators:

Bowen Dean Garner

Kennedy (presiding) Land

McKenzie Tate

On the passage of the bill, the yeas were 46, nays 2.

TUESDAY, MARCH 3, 1987

1349

The bill, having received the requisite constitutional majority, was passed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House insists on its position in disagreeing to the Senate substitute, and has ap pointed a Committee of Conference on the part of the House to confer with a like commit tee on the part of the Senate on the following bill of the House:
HB 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.
The Speaker has appointed on the part of the House, Representatives Lee of the 72nd, Robinson of the 58th and Steinberg of the 46th.
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:
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.
The Speaker has appointed on the part of the House, Representatives Robinson of the 58th, Watson of the 114th and Pettit of the 19th.
The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:
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 service. Senate Sponsor: Senator Barnes of the 33rd.
The Senate Committee on Judiciary offered the following substitute to HB 302:
A BILL To be entitled an Act to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to extensively revise provisions relating to enforcement and collection of child support and alimony; 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 assistance is paid under

1350

JOURNAL OF THE SENATE

certain circumstances; to provide for the method of service of process in proceedings to enforce grants of alimony and child support by attachment for contempt; to provide that the motion and rule nisi may be served by mail together with a notice and acknowledgment of service; to provide that if the respondent does not complete and return the acknowledg ment of service then service shall be perfected as otherwise provided by law; to provide that if such service is so required then the respondent shall be charged with the costs of such service; to change the conditions under which the Department of Human Resources shall accept applications for support enforcement services; to provide for the reimbursement of the department for attorney's fees expended in the representation of the department in support collection matters; to authorize the department to collect interest on judgments obtained in support actions initiated by the department; to limit the scope of certain sup port enforcement actions initiated by the department; to provide for related matters; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 19 of the Official Code of Georgia Annotated, relating to domestic rela tions, is amended by striking Code Section 19-6-15, relating to child support awards and their effect on liability to third parties for necessaries, and inserting in lieu thereof a new Code Section 19-6-15 to read as follows:
"19-6-15. (a) In its final verdict or decree, the trier of fact shall specify in what amount and from which party the minor children are entitled to permanent support. The final ver dict or decree shall further specify in what manner, how often, to whom, and until when the support shall be paid. When support is awarded, the party who is required to pay the sup port shall not be liable to third persons for necessaries furnished to the children embraced in the verdict or decree except as provided in subsection (c) of this Code section.
(b) In any final decree of any court which incorporates a consent agreement providing for permanent support for minor children in an amount less than the public assistance stan dards of the Department of Human Resources for the minor children, the court shall specify in findings of fact its basis for approving such an agreement. The absence of findings of fact shall not subject any final decree to collateral attack or challenge from any third party.
(c) In the absence of the findings of fact required by subsection (b) of this Code section, the Department of Human Resources shall have the right to collect the debt to the state created pursuant to Code Section 19-11-5 from the party who is required to pay child sup port in the event the minor children to be supported become recipients of public assistance, notwithstanding the final decree of support. The parent responsible for payment of child support shall be notified by the Department of Human Resources of that parent's potential liability for payment of child support, in excess of that ordered in any final decree, prior to any enforcement action being commenced pursuant to this subsection. However, the parent responsible for payment of child support shall not be liable for any amount in excess of that ordered in any final decree until further order of a court of competent jurisdiction."
Section 2. Said title is further amended by striking Code Section 19-6-28, relating to enforcement of orders, and inserting in its place a new Code section to read as follows:
"19-6-28. (a) In addition to other powers specified in this chapter, the court shall have the power to subject the respondent to such terms and conditions as the court may deem proper to assure compliance with its orders and, in particular, shall have the power to pun ish the respondent who violates any order of the court to the same extent as is provided by law for contempt of the court in any other action or proceeding cognizable by the court.
(b) In any proceeding to enforce a temporary or permanent grant of alimony or child support by attachment for contempt, the petitioner may serve the motion and rule nisi by mailing a copy of the motion and rule nisi by first-class mail, postage prepaid, to the respon dent at the respondent's last known address together with two copies of a notice and ac knowledgment conforming substantially to the form specified in subsection (c) of this Code section and a return envelope, postage prepaid, addressed to the sender. If service is per-

TUESDAY, MARCH 3, 1987

1351

fected by acknowledgment of service in this manner, the petitioner shall file with the court the acknowledgment of the respondent; and such filing shall constitute a return of service. If no acknowledgment of service under this subsection is received by the petitioner within 20 days after the date of such mailing, the petitioner shall notify the clerk of court and deposit the costs of service and service of such summons shall be made as provided in Code Section 9-11-4. The costs of such service shall be charged by the clerk of court to the respondent unless the respondent after motion and hearing establishes to the court that there is good reason why such person should not be so charged.
(c) The form for notice and acknowledgment under subsection (b) of this Code section shall be substantially as follows:
IN THE SUPERIOR COURT OF _________ COUNTY STATE OF GEORGIA

Plaintiff

)

Civil action

)

File no.

Defendant
RULE NISI NOTICE AND ACKNOWLEDGMENT

To: (insert the name and address of the person to be served)
The enclosed motion and rule nisi are served pursuant to Official Code of Georgia An notated Section 19-6-28.
You must complete the acknowledgment part of this form and mail one copy of the completed form to the sender within 20 days of the date of mailing to you, which date is set out below.
You must sign and date the acknowledgment. If you are served on behalf of another person and you are authorized to receive process, you must indicate under your signature your authority.
If you do not complete and return this form to the sender within 20 days, you or the party on whose behalf you are being served will be required to pay any expenses incurred in serving a summons and complaint in any other manner permitted by law unless good and sufficient cause is shown to the contrary.
If you do complete and mail this form, you or the party on whose behalf you are being served must appear and show cause why you should not be attached for contempt at the time required by the enclosed rule nisi.
I declare, under penalty of perjury, that this Notice and Acknowledgment of Receipt will have been mailed on the date set out below.
Signature
Date of mailing

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JOURNAL OF THE SENATE

ACKNOWLEDGMENT OF RECEIPT OF SUMMONS AND COMPLAINT I declare, under penalty of perjury, that I received a copy of the motion and of the rule nisi in the above-captioned manner at (insert address).
Signature
Printed name of signer
Authority to receive service of process
Date of mailing
(d) Service in accordance with subsections (b) and (c) of this Code section is in addition to any other method of service provided by law."
Section 3. Said title is further amended by striking subsection (d) of Code Section 1911-6, relating to child support and alimony enforcement by the Department of Human Re sources, and inserting in its place a new subsection (d) to read as follows:
"(d) The department shall accept applications for alimony enforcement services from any proper party or person if the right to alimony has been assigned to the department. The application for enforcement shall apply only to alimony while there is a court order for alimony, while the dependent child is living with the spouse or former spouse, and while a child support obligation is also being enforced by the department."
Section 4. Said title is further amended by adding at the end of 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, new subsections (d), (e), and (f) to read as follows:
"(d) The court may award reasonable attorney's fees to the prevailing party. (e) The department may collect the legal rate of interest on any judgment obtained in any support action initiated by the department. (f) Any action initiated by the department pursuant to subsections (a) and (b) of this Code section or in any action in which the department appears pursuant to subsections (a) and (b) of this Code section shall be limited solely to the issue of support and shall exclude issues of visitation, custody, property settlement, or other similar matters otherwise joinable by the parties." Section 5. Said title is further amended by adding at the end of Code Section 19-11-8, relating to duties of the Department of Human Resources with respect to support enforce ment, a new subsection (c) to read as follows: "(c) Any action initiated by the department pursuant to subsection (b) of this Code section or in any action in which the department appears pursuant to subsection (b) of this Code section shall be limited solely to the issue of support and shall exclude issues of visita tion, custody, property settlement, or other similar matters otherwise joinable by the parties." Section 6. This Act shall become effective on July 1, 1987. Section 1 of this Act shall apply with respect to divorce decrees entered on or after that date. Section 2 of this Act shall apply to process served on or after that date in both pending and new proceedings. 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 HB 302 offered by the Senate Committee on Judiciary by striking from lines 4 through 9 of page 1 the following:
"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 pro vide for liability when public assistance is paid under certain circumstances;".

TUESDAY, MARCH 3, 1987

1353

By striking all matter beginning with the word "striking" on line 4 of page 2 and ending with the word "by" on line 14 of page 3.
By renumbering Sections 3 through 7 as Sections 2 through 6 respectively.

On the adoption of the amendment, the yeas were 29, nays 0, and the amendment was adopted.

On the adoption of the substitute, the yeas were 32, 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 g owen Broun of 46th Brown of 47th BBuryrtaonnt
Coleman
Coverdell Crumbley
Deal
Dean
Echols

Edge English Engram Fincher Foster Harris Harrison
Hud.gm. s Muggins Kidd Langford McGill McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan Ray Scott of 2nd Scott of 36th 0S,humak, e
Starr
Stumbaugh Timmons
Tolleson
Turner
Tysinger

Those not voting were Senators:

Brannon Dawkins Garner

Gillis Howard Kennedy (presiding)

Land Tate 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.

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.

Senate Sponsor: Senator Dawkins of the 45th.

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

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

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JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Albert
Allgood Baldwin Barker Barnes

Edge
English Engram Fincher Foster

n OWe" *A K^ BTB->rroowunn oofff 44.,6-7^tt1hh

Gillis HHuaarrrrji.sson

Burton Coleman Coverdell Dawkins Deal Dean Echols

Hine Howard Hudgins Huggins Kidd Langford McGill

McKenzie Newbill Olmstead Peevy Perry
Phill'Ps tRSvcoaoy,,tt of 36th
Starr Stumbaugh Tate Timmons Tolleson Turner Tysinger

Those not voting were Senators:

Brannon Crumbley Garner

Kennedy (presiding) Land Ragan

Scott of 2nd Shumake Walker

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

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

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.
Senate Sponsor: Senator Barnes of the 33rd.

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

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

Those voting in the affirmative were Senators:

Albert
Allgood Baldwin Barker Barnes Bowen
Broun of 46th Brown of 47th BBuryrtaonnt

Edge
English Engram Fincher Foster Gillis
Harris Hine HHouwdgairnds

Coleman Coverdell Deal Dean Echols

Huggins Kidd Langford McGill McKenzie

Newbill Olmstead Peevy Perry Phillips pjay Scott of 36th ,, S^tuamrr b, augh,
Tate Timmons Tolleson Turner Tysinger

TUESDAY, MARCH 3, 1987

1355

Those not voting were Senators:

Brannon Crumbley Dawkins Garner

Harrison Kennedy (presiding) Land Ragan

Scott of 2nd Shumake Walker

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

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

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.
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 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 Kidd Langford McGill McKenzie

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

Those not voting were Senators:

Harrison Kennedy (presiding)

Land Shumake

Walker

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

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

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JOURNAL OF THE SENATE

The following general bill of the House, having been read the third time on March 2 and postponed until March 3, was put upon its passage:
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.
Senate Sponsor: Senator Barnes of the 33rd.
The Senate Committee on Special Judiciary offered the following substitute to HB 266:
A BILL
To be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for a notice of suspension of a driver's license by the court; to change the definition of a habitual violator; to provide that judges and prosecutors may suspend the driver's license of a habitual violator; to change the time period within which a habitual violator may apply for a probationary driver's license; to change the period of driver's license suspension for a person charged with or convicted of serious injury by vehicle; to change the amount of point count reduction for attending cer tain courses and to change the courses for which a point count reduction will be awarded; 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. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking Code Section 40-5-54, relating to mandatory suspension of drivers' licenses, in its entirety and inserting in lieu thereof a new Code Section 40-5-54 to read as follows:
"40-5-54. (a) The department shall forthwith suspend, as provided in Code Section 405-63, the license of any driver upon receiving a record of such driver's conviction of the following offenses, whether charged as a violation of state law or of a local ordinance adopted pursuant to Article 14 of Chapter 6 of this title:
(1) Homicide by vehicle, as defined by Code Section 40-6-393;
(2) Manslaughter resulting from the operation of a vehicle;
(3) Reserved;
(4) Any felony in the commission of which a motor vehicle is used;
(5) Failure to stop, render aid, or identify himself as required by Code Section 40-6-271;
(6) Knowingly making a false affidavit or statement under oath or affirmation to the department under this chapter or any other law relating to the ownership or operation of motor vehicles;
(7) Racing on highways and streets;
(8) Using a motor vehicle in fleeing or attempting to elude an officer;
(9) Fraudulent or fictitious use of a license; or
(10) Hit and run or leaving the scene of an accident.
(b) All judges of all courts having jurisdiction of the offenses set forth in subsection (a) of this Code section may, at the time of sentencing, give notice to the defendant on forms provided by the Department of Public Safety of the suspension of the defendant's driver's

TUESDAY, MARCH 3, 1987

1357

license. The period of suspension shall be determined by the Department of Public Safety for the term authorized by law. The court shall forward the notice of suspension and the defendant's driver's license to the Department of Public Safety. The Department of Public Safety shall notify the defendant of the period of suspension at the address provided by the defendant."
Section 2. Said title is further amended by striking subsection (a) of Code Section 40-558, relating to habitual violators, which reads as follows:
"(a) As used in this Code section, 'habitual violator' means any person who has been arrested and convicted within the United States:
(1) Three or more times within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained to the date of the most recent arrest for which a conviction was obtained, of:
(A) Voluntary or involuntary manslaughter resulting from the operation of a motor vehicle;
(B) Homicide by vehicle in the first or second degree;
(C) Committing any offense covered under Code Sections 40-6-391 through 40-6-395 or of violating a federal law or regulation or the law of any other state or of a valid municipal or county ordinance substantially conforming to any offense covered under Code Sections 40-6-391 through 40-6-395;
(D) Operating a vehicle after cancellation, suspension, or revocation of his operator's license under any law of this state or any law of any other state or any valid municipal or county ordinance substantially conforming to or paralleling the law of this state;
(E) Making a false affidavit to the department or under any law of this state requiring the registration of motor vehicles or regulating their operation on the highways or making a false statement to the department on any application for an operator's license;
(F) Using a fraudulent or fictitious license;
(G) While in a motor vehicle, fleeing or attempting to elude a police officer;
(H) Any crime punishable as a felony under this chapter or any other felony in the commission of which a motor vehicle is used;
(1) Failure to stop and disclose his identity at the scene of the accident on the part of a driver of a motor vehicle involved in an accident resulting in damage to the property of another or resulting in the death of, or injury to, another; or
(J) Singularly or in combination, any of the offenses described in subparagraphs (A) through (I) of this paragraph, both inclusive; or
(2) Fifteen or more times within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained to the date of the most recent arrest for which a conviction was obtained, of moving traffic offenses as contained in Chapter 6 of this title, including those covered in paragraph (1) of this subsection, or in the law of any other state, or in a valid municipal or county ordinance substantially conforming to or paralleling a similar law of Georgia, which offenses are required to be reported to the de partment, and the commission of which offenses, singularly or in combination with any other offense or offenses, statutorily requires the cancellation, suspension, or revocation of any operator's license by the department, or the commission of which offenses, singularly or in combination with any other offense or offenses, authorizes a court or the department to impose suspension or revocation of a driver's license.",
and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) As used in this Code section, 'habitual violator' means any person who has been arrested and convicted within the United States three or more times within a five-year pe-

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riod of time, as measured from the dates of previous arrests for which convictions were obtained to the date of the most recent arrest for which a conviction was obtained, of:
(1) Committing any offense covered under Code Section 40-5-54 or Code Sections 40-6391 through 40-6-395 or violating a federal law or regulation or the law of any state or a valid municipal or county ordinance substantially conforming to any offense covered under Code Section 40-5-54 or Code Sections 40-6-391 through 40-6-395;
(2) Operating a vehicle after cancellation, suspension, or revocation of his operator's license under Code Section 40-5-121 or any law of this state or any valid municipal or county ordinance substantially conforming to or paralleling the laws of this state; or
(3) Singularly or in combination, any of the offenses described in paragraph (1) or (2) of this subsection, both inclusive."
Section 3. Said title is further amended by striking subsection (b) of Code Section 40-558, relating to habitual violators, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) When the records of the department disclose that any person has been arrested and convicted of a violation of Chapter 6 of this title, or of a valid local ordinance adopted pursuant thereto, of an offense occurring on or after January 1, 1976, which record of arrest and conviction, when taken with and added to previous arrests and convictions of such per son as contained in the files of the department, reveals that such person is a habitual viola tor as defined in subsection (a) of this Code section, the department shall forthwith notify such person that upon the date of notification such person has been declared by the depart ment to be a habitual violator, and that henceforth it shall be unlawful for such habitual violator to operate a motor vehicle in this state unless otherwise provided in this Code sec tion. Notice shall be given by certified mail, with return receipt requested; or, in lieu thereof, notice may be given by personal service upon such person. In the event that at the time of determination the habitual violator had been issued a driver's license, such license shall be revoked by such notice and shall be surrendered to the department within ten days of notification of such determination. For the purposes of this chapter, notice given by certi fied mail with return receipt requested mailed to the person's last known address shall be prima-facie evidence that such person received the required notice. In addition to the proce dure set forth in this subsection, the sentencing judge or prosecutor in a conviction which conviction classifies the defendant as a habitual violator may, at the time of sentencing, declare such defendant to be a habitual violator. The judge or prosecutor shall then give personal notice to such defendant on forms provided by the Department of Public Safety that henceforth it shall be unlawful for such habitual violator to operate a motor vehicle in this state unless otherwise provided in this Code section. The judge or prosecutor, as the case may be, shall within three days forward to the Department of Public Safety the order declaring that the defendant is a habitual violator, the notice of service, with the defend ant's driver's license or a sworn affidavit of the defendant declaring that the driver's license has been lost, and the Department of Public Safety's copy of the uniform citation or the official notice of conviction attached thereto."
Section 4. Said title is further amended by striking subsections (b) and (f) of Code Section 40-5-63, relating to periods of suspension of drivers' licenses, and inserting in lieu thereof new subsections (b) and (f), respectively, to read as follows:
"(b) Any suspension made pursuant to Code Section 40-5-55 shall be for six months; provided, however, that, where a person who has refused to submit to a test or tests pro vided for in Code Section 40-5-55 has been charged with homicide by a vehicle as provided in Code Section 40-6-393 or has been charged with serious injury by vehicle as provided in Code Section 40-6-394, the period of the suspension shall be for 12 months.
(f) Any person convicted of violating subsection (a) of Code Section 40-6-393, relating to homicide by vehicle, or Code Section 40-6-394, relating to serious injury by vehicle, shall have his license suspended for a period of three years. Such person shall not be eligible for early reinstatement of his driver's license as provided in this Code section or in Article 4 of

TUESDAY, MARCH 3, 1987

1359

this chapter and shall not be eligible for a limited driving permit as provided in Code Sec tion 40-5-64. For purposes of this subsection, an accepted plea of nolo contendere to homi cide by vehicle in the first degree or serious injury by vehicle shall constitute a conviction."
Section 5. Said title is further amended by striking Code Section 40-5-86, relating to reduction of point counts, in its entirety and inserting in lieu thereof a new Code Section 405-86 to read as follows:
"40-5-86. Upon the accumulation of eight points or more pursuant to Code Section 405-57, the total number of points accumulated by any driver shall be reduced by seven points upon the satisfactory completion by such driver of an approved defensive driving course or an approved basic alcohol or drug course and the submission of a certificate by such driver to the department. The provisions of this Code section shall be available one time only to each driver in any ten-year period."
Section 6. All laws and parts of laws in conflict with this Act are repealed.
Senator Barnes of the 33rd offered the following amendment:
Amend the substitute to HB 266 offered by the Senate Committee on Special Judiciary by inserting on line 13 of page 1 between "awarded;" and "to" the following:
"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 delinquent acts; to prohibit the issuance of driver's licenses or permits for one year to juveniles found to have commit ted certain delinquent acts; to provide for notice to the Department of Public Safety; 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 mandatory one-year suspension of driver's licenses or permits to persons under the age of 18 who are convicted of committing certain crimes; to prohibit the Department of Public Safety from issuing licenses or permits for one year to persons under the age of 18 who are convicted of certain crimes; to provide penalties;".
By inserting between lines 24 and 25 of page 8 the following:
"Section 6. Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by striking subsection (b) of Code Section 15-11-35, relat ing to dispositions of a delinquent child, in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
'(b) At the conclusion of the adjudicatory hearing, if the child is found to have commit ted a delinquent act, the court may, in addition to any other treatment or rehabilitation, suspend the driver's license, instruction permit, or any other driving permit, of such child for any period not to exceed the date on which the child becomes 18 years of age or, in the case of a child who does not have a driver's license, prohibit the issuance of a driver's li cense, instruction permit, or any other driving permit, to such child for any period not to exceed the date on which the child becomes 18 years of age. If the child is found to have committed a delinquent act which, if committed by an adult, would constitute a violation of Code Section 3-3-23, relating to alcoholic beverages, Code Section 16-13-30, relating to con trolled substances, or Code Section 40-6-391, relating to driving under the influence of alco hol or drugs, the court shall suspend the driver's license, instruction permit, or any other driving permit, of such child for a period of at least one year or, in the case of a child who does not have a driver's license or permit, the court shall prohibit the issuance of a driver's license, instruction permit, or any other driving permit to such child for a period of at least one year. The court shall retain the driver's license or permit for any period of suspension and return it to the offender at the end of such period. The court shall notify the Depart ment of Public Safety of any such actions taken pursuant to this subsection.'
Section 7. Article 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated,

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relating to cancellation, suspension, and revocation of licenses, is amended by adding imme diately following Code Section 40-5-66 a new Code Section 40-5-66.1 to read as follows:
'40-5-66.1. Notwithstanding any other provision of law, the driver's license, instruction permit, or any other driving permit of any person under the age of 18 who is convicted of violating Code Section 3-3-23, relating to alcoholic beverages, Code Section 16-13-30, relat ing to controlled substances, or Code Section 40-6-391, relating to driving under the influ ence of alcohol or drugs, shall be suspended by operation of law for a period of at least one year. If a person under the age of 18 is convicted of violating these Code sections, the court shall, within 15 days, forward the person's driver's license or permit and the record of the disposition of the case to the Department of Public Safety as required by subsection (c) of Code Section 40-5-69. In the case of a person under the age of 18 who does not have a driver's license or permit, the Department of Public Safety shall be prohibited from issuing to such person a license, instruction permit, or any other driving permit for a period of one year following conviction for violation of the Code sections specified in this Code section. Anyone who knowingly provides false information to the Department of Public Safety re garding such convictions shall be punished as for false swearing.' "
By striking from line 25 of page 8 the following:
"Section 6.",
and inserting in its place the following:
"Section 8.".

Senator Barnes of the 33rd asked unanimous consent to withdraw the amendment; the consent was granted, and the amendment offered by Senator Barnes of the 33rd to the substitute to HB 266 offered by the Senate Committee on Special Judiciary was withdrawn.

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

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

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

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bowen Brannon Broun of 46th Brown of 47th BBuryrtaonnt
Coleman Coverdell Crumbley
Dawkins Deal Echols

Edge English Engram Foster Garner Gillis Harr.s Hme HHouwdgairnds
Huggins Kidd McGill
McKenzie Newbill Olmstead

Peevy Perry Phillips Ray gcott of 2nd Scott of 36th Shumake Q ^Sttaurmr b, augh,
l ate Timmons Tolleson
Turner Tysinger Walker

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1361

Those not voting were Senators:

Allgood Dean Fincher

Harrison Kennedy (presiding) Land

Langford Ragan

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

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

Senator Tysinger of the 41st introduced the doctor of the day, Dr. Larry Freeman, of Chamblee, Georgia.

The following general resolution of the House was taken up for the purpose of consider ing the House action thereon:

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.

Senator Scott of the 2nd moved that the Senate adhere to the Senate amendment to HR 98, and that a Conference Committee be appointed.

On the motion, the yeas were 38, nays 0; the motion prevailed, and the Senate adhered to the Senate amendment to HR 98.

Senator Kennedy of the 4th, President Pro Tempore, who was presiding, appointed as a Conference Committee on the part of the Senate the following:

Senators Scott of the 2nd, Dean of the 31st and Kidd of the 25th.

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

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.
Senate Sponsor: Senator Baldwin of the 29th.

Senator Baldwin of the 29th moved that HB 289 be postponed until March 4.

On the motion, the yeas were 38, nays 0; the motion prevailed, and HB 289 was post poned until March 4.

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

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

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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.

Senator Kidd of the 25th moved that the Senate adhere to the Senate substitute to HB 43, and that a Conference Committee be appointed.

On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 43.

Senator Kennedy of the 4th, President Pro Tempore, who was presiding, appointed as a Conference Committee on the part of the Senate the following:

Senators Kidd of the 25th, Hudgins of the 15th and Olmstead of the 26th.

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 81.

SB 84.

SB 82.

SB 85.

SB 83.

SB 86.

Respectfully submitted,
/s/ Ed Barker, Chairman Senator, District 18

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 11:30 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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1363

Senate Chamber, Atlanta, Georgia Wednesday, March 4, 1987 Thirty-fifth Legislative Day

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

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

Senator Brannon of the 51st moved that the Senate reconsider its action of March 3 in passing 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.

On the motion, Senator Brannon of the 51st called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Baldwin Brannon Burton

Dawkins Edge Huggins

Land Phillips Tysinger

Those voting in the negative were Senators:

Albert Allgood Barker Barnes Broun of 46th Bryant Coleman Crumbley Deal Dean

Echols English Garner Gillis Harris Harrison Kennedy Kidd McGill Newbill

Olmstead Peevy Perry Ragan Ray Scott of 2nd Scott of 36th Shumake Tate Walker

Those not voting were Senators:

Bowen Brown of 47th CEnogverardmell
Fincher
Foster

Hine Howard uHud,gm. s
Langford
McKenzie

Starr Stumbaugh ,,Timmons
Tolleson
Turner

On the motion, the yeas were 9, nays 30; the motion was lost, and HB 810 was not reconsidered.

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

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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 349. By Representative Porter of the 119th: A bill to amend an Act providing a new charter for the City of Dublin, Georgia, in the County of Laurens, so as to change the corporate limits of the city.
HB 667. By Representatives Alford of the 57th, Richardson of the 52nd, Childs of the 53rd, Williams of the 54th, Redding of the 50th and others: A bill to repeal specifically an Act creating the DeKalb County Airport Authority.
HB 1045. By Representative Mobley of the 64th: A bill to amend an Act re-creating and establishing a Board of Commissioners of Barrow County, so as to change the composition of the board.
HB 1050. By Representatives Athon of the 57th, Mangum of the 57th and Alford of the 57th: A bill to create the Conyers-Rockdale-Big Haynes Impoundment Authority.
HB 1063. By Representatives White of the 132nd, Young of the 134th, Chambless of the 133rd and Balkcom of the 140th: A bill to amend an Act creating the Dougherty County School System, so as to provide for the election of the Dougherty County Board of Education.
HB 1077. By Representative Crosby of the 150th: A bill to amend an Act providing for reapportionment of the board of education of Clinch County, so as to correct an error relating to the election of successors to the initial member of the board of education of Clinch County from Education District No. 2.
HB 1078. By Representatives Redding of the 50th, Richardson of the 52nd, Workman of the 51st, Childs of the 53rd, Clark of the 55th and others: A bill to amend an Act creating the State Court of DeKalb County (formerly the Civil and Criminal Court of DeKalb County), so as to provide for the appoint ment of additional assistant solicitors of said court.
HB 1080. By Representatives Colwell of the 4th and Twiggs of the 4th: A bill to create the Ellijay-Gilmer County Water and Sewerage Authority.
HB 1081. By Representative Heard of the 43rd: A bill to amend an Act creating a new charter for the City of Tyrone, so as to change the term of the mayor pro tern; to change provisions relating to filling vacancies in the offices of mayor and councilmen.

WEDNESDAY, MARCH 4, 1987

1365

HB 1082. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd and Holcomb of the 72nd:
A bill to amend an Act placing the judge of the Probate Court of Clayton County on an annual salary, so as to change the compensation of said officer.
HB 1083. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd and Holcomb of the 72nd:
A bill to amend an Act creating the State Court of Clayton County, so as to change the compensation of the deputy clerk of said court; to change the com pensation of the judge and solicitor of said court.
HB 1084. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd and Holcomb of the 72nd:
A bill to amend an Act to change the composition of and the manner of selection of the members of the board of education of Clayton County, so as to change the compensation of the chairman or president and other members of the board.
HB 1085. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd and Holcomb of the 72nd:
A bill to amend an Act creating the board of commissioners of Clayton County, so as to change the compensation of the chairman and other members of the board.
HB 1086. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd and Holcomb of the 72nd:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Clayton County into the office of tax commissioner, so as to change the provi sions relative to the compensation of the tax commissioner.
HB 1087. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd and Holcomb of the 72nd:
A bill to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, so as to change the compensation of said officers.
HB 1088. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd and Holcomb of the 72nd:
A bill to amend an Act known as the "Clayton County Civil Service System Act", so as to change the provisions relating to the compensation of the members of the civil service board.
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.
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.

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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 142. By Senators Garner of the 30th and Brannon of the 51st:
A bill to amend Article 2 of Chapter 3 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 267. By Senators Broun of the 46th, Coleman of the 1st and Kennedy of the 4th:
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 and Kennedy of the 4th:
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 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 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.
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.

WEDNESDAY, MARCH 4, 1987

1367

The House has adopted by the requisite constitutional majority the following resolution of the Senate:
SR 12. By Senator Fincher of the 54th: A resolution designating the C. W. Bradley Bridge.

The House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate:
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.
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 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 House has adopted by the requisite constitutional majority the following resolution of the House:
HR 349. By Representative Murphy of the 18th: A resolution recognizing and commending Georgia recipients of the Medal of Honor.

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 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.

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The Speaker has appointed on the part of the House, Representatives Ware of the 77th, Groover of the 99th and Wood of the 9th.
The following bill and resolution of the Senate were introduced, read the first time and referred to committees:
SB 392. By Senator Echols of the 6th: A bill to consolidate the offices of tax receiver and tax collector of Pierce County into the office of tax commissioner of Pierce County; to provide for the oath, rights, duties, and liabilities of said office; to provide for the election of the tax commissioner; to provide for terms of office; to provide for the method of filling vacancies.
Referred to Committee on Urban and County Affairs.
SR 196. By Senator Dawkins of the 45th: A resolution creating the Senate Workers' Compensation Rehabilitation Study Committee.
Referred to Committee on Rules.
The following bills and resolution of the House were read the first time and referred to committees:
HB 349. By Representative Porter of the 119th: A bill to amend an Act providing a new charter for the City of Dublin, Georgia, in the County of Laurens, so as to change the corporate limits of the city.
Referred to Committee on Urban and County Affairs.
HB 667. By Representatives Alford of the 57th, Richardson of the 52nd, Childs of the 53rd and others: A bill to repeal specifically an Act creating the DeKalb County Airport Authority.
Referred to Committee on Urban and County Affairs.
HB 1045. By Representative Mobley of the 64th: A bill to amend an Act re-creating and establishing a Board of Commissioners of Barrow County, so as to change the composition of the board.
Referred to Committee on Urban and County Affairs.
HB 1050. By Representatives Athon of the 57th, Mangum of the 57th and Alford of the 57th: A bill to create the Conyers-Rockdale-Big Haynes Impoundment Authority.
Referred to Committee on Urban and County Affairs.
HB 1063. By Representatives White of the 132nd, Young of the 134th, Chambless of the 133rd and Balkcom of the 140th: A bill to amend an Act creating the Dougherty County School System, so as to provide for the election of the Dougherty County Board of Education.
Referred to Committee on Urban and County Affairs.
HB 1077. By Representative Crosby of the 150th: A bill to amend an Act providing for reapportionment of the board of education of Clinch County, so as to correct an error relating to the election of successors to

WEDNESDAY, MARCH 4, 1987

1369

the initial member of the board of education of Clinch County from Education District No. 2. Referred to Committee on Urban and County Affairs.
HB 1078. By Representatives Redding of the 50th, Richardson of the 52nd, Workman of the 51st and others:
A bill to amend an Act creating the State Court of DeKalb County (formerly the Civil and Criminal Court of DeKalb County), so as to provide for the appoint ment of additional assistant solicitors of said court. Referred to Committee on Urban and County Affairs.
HB 1080. By Representatives Colwell of the 4th and Twiggs of the 4th:
A bill to create the Ellijay-Gilmer County Water and Sewerage Authority. Referred to Committee on Urban and County Affairs.
HB 1081. By Representative Heard of the 43rd:
A bill to amend an Act creating a new charter for the City of Tyrone, so as to change the term of the mayor pro tern; to change provisions relating to filling vacancies in the offices of mayor and councilmen. Referred to Committee on Urban and County Affairs.
HB 1082. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd and others:
A bill to amend an Act placing the judge of the Probate Court of Clayton County on an annual salary, so as to change the compensation of said officer. Referred to Committee on Urban and County Affairs.
HB 1083. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd and others:
A bill to amend an Act creating the State Court of Clayton County, so as to change the compensation of the deputy clerk of said court; to change the com pensation of the judge and solicitor of said court. Referred to Committee on Urban and County Affairs.
HB 1084. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd and others:
A bill to amend an Act to change the composition of and the manner of selection of the members of the board of education of Clayton County, so as to change the compensation of the chairman or president and other members of the board. Referred to Committee on Urban and County Affairs.
HB 1085. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd and others:
A bill to amend an Act creating the board of commissioners of Clayton County, so as to change the compensation of the chairman and other members of the board. Referred to Committee on Urban and County Affairs.

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HB 1086. By Representatives Bailey of the 72nd, Lee of the 72nd and Johnson of the 72nd: A bill to amend an Act consolidating the offices of tax receiver and tax collector of Clayton County into the office of tax commissioner, so as to change the provi sions relative to the compensation of the tax commissioner.
Referred to Committee on Urban and County Affairs.
HB 1087. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd and others: A bill to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, so as to change the compensation of said officers.
Referred to Committee on Urban and County Affairs.
HB 1088. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd and others: A bill to amend an Act known as the "Clayton County Civil Service System Act", so as to change the provisions relating to the compensation of the members of the civil service board.
Referred to Committee on Urban and County Affairs.
HR 349. By Representative Murphy of the 18th: A resolution recognizing and commending Georgia recipients of the Medal of Honor.
Referred to Committee on Rules.
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 House and has instructed me to report the same back to the Senate with the following recommendation:
HB 460. Do pass as amended. Respectfully submitted, Senator Scott of the 2nd District, Chairman
Mr. President:
The Committee on Governmental Operations has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 461. Do pass. HB 654. Do pass. HB 661. Do pass by substitute.
Respectfully submitted, Senator Kidd of the 25th District, Chairman
Mr. President:
The Committee on Governmental Operations has had under consideration the following

WEDNESDAY, MARCH 4, 1987

1371

bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 269. Do pass by substitute.
Respectfully submitted,
Senator Kidd of the 25th District, Chairman

Mr. President:

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

HB 263. Do pass. HB 311. Do pass.

HB 557. Do pass. HB 576. Do pass by substitute.

HB 463. Do pass.

HB 840. 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 House and has instructed me to report the same back to the Senate with the following recommendations:
HB 422. Do pass. HB 836. Do pass. HB 954. Do pass.
Respectfully submitted,
Senator Stumbaugh of the 55th District, Chairman

Mr. President:

The Committee on Natural Resources has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1010. Do pass as amended.
Respectfully submitted,
Senator Gillis of the 20th District, Chairman

Mr. President:

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

HB 457. Do pass.

HB 677. Do pass.

HB 459. Do pass.

HB 722. Do pass.

HB 676. Do pass.

Respectfully submitted,

Senator Timmons of the llth District, Chairman

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JOURNAL OF THE SENATE

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 184. Do pass. SR 186. Do pass as amended.
Respectfully submitted,
Senator Dean of the 31st 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 165. SB 319. HB 370. HB 373. HB 644. HB 651. HB 774. HB 814. HB 866. HB 900. HB 933. HB 944. HB 945. HB 958. HB 970.

Do pass. Do pass. Do pass. Do pass. Do pass as amended. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass.

HB 971. HB 972. HB 1004. HB 1005. HB 1034. HB 1055. HB 1058. HB 1059. HB 1060. HB 1061. HB 1062. HB 1064. HB 1065. HB 1066. HB 1067.

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

Respectfully submitted,

Senator Turner of the 8th District, Chairman

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

SR 170. By Senators Peevy of the 48th, Deal of the 49th, Walker of the 43rd and others: A resolution creating the Senate Juvenile Justice System Study Committee.

SR 174. By Senator Kidd of the 25th: A resolution creating the Rural Economic Development Study Committee.

SR 175. By Senator Kidd of the 25th:
A resolution creating the Senate Study Committee on the State Health Insurance Plan.

WEDNESDAY, MARCH 4, 1987

1373

SR 176. By Senator Kidd of the 25th: A resolution creating the Senate Nursing Home Industry Study Committee.
SR 177. By Senators Crumbley of the 17th, Gillis of the 20th, Kennedy of the 4th and others: A resolution honoring the life of Honorable Herman Eugene Talmadge and creat ing the Herman Eugene Talmadge Monument Commission.
HB 10. By Representatives Lucas of the 102nd, Coleman of the 118th, Hanner of the 131st and Ramsey of the 3rd:
A bill to amend Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to indemnification for law enforcement officers, firemen, and prison guards who are killed or permanently disabled in the line of duty, so as to provide the same indemnification with respect to publicly employed emergency medical technicians who are killed or permanently disabled in the line of duty after a certain date.
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.
HB 267. By Representatives Smyre of the 92nd, Benefield of the 72nd, Lawson of the 9th and Mangum of the 57th: A bill to amend Title 20 of the O.C.G.A., relating to education, so as to provide for boards of directors for postsecondary vocational-technical schools; to provide for the compensation and other benefits of employees of postsecondary voca tional-technical schools; to provide for inclusion of employees of postsecondary vocational-technical schools in the state merit system.
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 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 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 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.

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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.
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.
HR 189. By Representative Dobbs of the 74th: A resolution creating the Joint Study Committee on the Conversion of Waste to Energy.
HR 249. By Representatives Murphy of the 18th, Harris of the 84th, Groover of the 99th and others: A resolution authorizing the placing of a portrait of Honorable Randall Evans, Jr., in the State Capitol Building.
HR 265. By Representative Ricketson of the 82nd: A resolution compensating Mr. William E. Wilder in the sum of $36,500.00.
HR 270. By Representative Randall of the 101st: A resolution compensating Mrs. Frans Reid on behalf of Loverne Terrell Matlock in the sum of $469.20.
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.
The President called for the morning roll call, and the following Senators answered to their names:

Albert Allgood Baldwin Barker Barnes Bowen Brannon BB0rroywannt of 47th BCoulretomnan
Crumbley Dawkins Deal Dean Echols Edge

English Fincher Foster Garner Gillis Harris Harrison HHuomweardj HKuengngiendsy
Kidd Land Langford McGill McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan pjav S,,0,,h,o,,cu*om+tt ak, e ^Stuarmr b, augh,
Tate Timmons Tolleson Turner Tysinger Walker

WEDNESDAY, MARCH 4, 1987

1375

Those not answering were Senators:

Broun of 46th Coverdell

Engram Hudgins

Scott of 2nd

Senator Deal of the 49th served as chaplain of the day today and offered scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 194. By Senators Langford of the 35th, Scott of the 36th, Tate of the 38th and others: A resolution commending the Georgia Nurses Foundation, Inc.

SR 195. By Senator Starr of the 44th:
A resolution honoring the Georgia State Patrol on the occasion of its fiftieth 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:

SENATE LOCAL CONSENT CALENDAR Wednesday, March 4, 1987
THIRTY-FIFTH LEGISLATIVE DAY

(The names listed with each bill are the Senators whose districts are affected by the legislation.)

SB 165 Stumbaugh, 55th Tysinger, 41st Howard, 42nd Burton, 5th Walker, 43rd DeKalb County
Continues amendment authorizing General Assembly to provide by law for form of government of county and to provide for various officers, bodies, branches, departments, or agencies by and through which the county's gov ernmental powers shall be exercised; provides authority.

SB 319 Engram, 34th Langford, 35th Scott, 36th Tate, 38th Shumake, 39th Coverdell, 40th Howard, 42nd Stumbaugh, 55th City of Atlanta Fulton County
Act to amend Act providing for urban enterprise zones in city; provides that urban enterprise zones for commercial and industrial purposes may be cre ated 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 county as a whole.

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HB 370 Stumbaugh, 55th Tysinger, 41st Howard, 42nd Burton, 5th Walker, 43rd City of Decatur DeKalb County
Continues amendment authorizing city to issue and sell revenue anticipation obligations to provide funds for purchase of lands and for construction and operation of off-street automobile parking.
HB 373 Stumbaugh, 55th Tysinger, 41st Howard, 42nd Burton, 5th Walker, 43rd City of Decatur DeKalb County
Amends Act creating and establishing new charter for city; changes corporate limits of city.
*HB 644 Barnes, 33rd Harrison, 37th Tolleson, 32nd Newbill, 56th Cobb County
Amends Act creating Cobb Judicial Circuit; changes county supplement for district attorney. (AMENDMENT)
HB 651 Stumbaugh, 55th Howard, 42nd Tysinger, 41st Burton, 5th Walker, 43rd DeKalb County
Continues amendment authorizing governing authority of county to exempt from ad valorem property taxes levied by county and DeKalb County School System the value of certain improvements to real property in county and limits amount and duration of exemption.
HB 774 Stumbaugh, 55th Howard, 42nd Tysinger, 41st Burton, 5th Walker, 43rd DeKalb County
Amends Act creating State Court of county, formerly known as Civil and Criminal Court of county; adds judge to said court.
HB 814 Stumbaugh, 55th Howard, 42nd Tysinger, 41st Burton, 5th Walker, 43rd

WEDNESDAY, MARCH 4, 1987

1377

City of Decatur DeKalb County Amends Act creating and establishing charter for city; changes terms of members of Board of Education.
HB 866 Dawkins, 45th City of Social Circle Walton County Continues amendment providing that all of Walton County exclusive of inde pendent 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.
HB 900 English, 21st Jenkins County Continues amendment creating Jenkins County Development Authority.
HB 933 Dawkins, 45th Newton County Creates Board of Commissioners of county; changes provisions relating to ex pense allowances of members of board.
HB 944 English, 21st Glascock County Continues amendment providing for election of members of Board of Educa tion of county by people.
HB 945 English, 21st Glascock County Continues amendment creating Glascock County Industrial Development Au thority.
HB 958 Ragan, 10th Bowen, 13th City of Moultrie Colquitt County Amends Act creating and establishing new charter for city; changes corporate limits; requires certain voting procedures by council.
HB 970 McGill, 24th Greene County Provides that school superintendent of county school district shall be ap pointed by Board of Education rather than elected.
HB 971 Huggins, 53rd Chattooga County Continues amendment providing for a certain disposition of fees, costs, and fines received or collected by tax commissioner of county from Board of Edu cation.
HB 972 Huggins, 53rd Chattooga County Continues amendment providing for election for members of Board of Educa tion of county by people.

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HB 1004 Dean, 31st Paulding County
Amends Act placing clerk of Superior Court, sheriff, ordinary, and coroner of county on salary basis in lieu of fee basis; changes compensation of coroner.
HB 1005 Dean, 31st Paulding County
Amends Act creating Board of Commissioners of county; changes compensa tion of chairman of board.
HB 1034 Edge, 28th City of Newnan Coweta County
Re-incorporates and provides new charter for city in county.
HB 1055 Turner, 8th Cook County
Amends Act creating Board of Commissioners of county; changes compensa tion of chairman and members.
HB 1058 12th Chehaw Park Authority Dougherty County
Amends Act creating Chehaw Park Authority; changes composition of au thority and provides for appointment and terms of its members.
HB 1059 12th City of Albany Dougherty County
Continues amendment authorizing General Assembly to pass a special Act to merge existing independent school system in City of Albany and existing school district in County of Dougherty lying outside corporate limits of said city into one school district co-extensive with limits of county.
HB 1060 12th Dougherty County
Continues amendment authorizing governing authority of county to grant ex clusive franchises for collection of garbage in unincorporated areas of county.
HB 1061 12th Dougherty County
Amends Act creating Board of Commissioners of county; changes compensa tion of chairman and members.
HB 1062 12th Dougherty County
Continues amendment abolishing office of Tax Commissioner of county and delegates governing authority of county the authority to merge and consoli date the Board of Tax Assessors and the departments, officers, and functions of county relating to return and assessment of property for taxation.

WEDNESDAY, MARCH 4, 1987

1379

HB 1064 12th Dougherty County
Amends Act creating State Court of county; changes provisions concerning costs and fees.

HB 1065 12th City of Albany Dougherty County
Continues amendment authorizing city to increase its bonded indebtedness, in addition to amount of debts heretofore allowed under the Constitution, under certain circumstances, for the purpose of purchasing, erecting, build ing, repairing, and maintaining waterworks system.

HB 1066 12th City of Albany Dougherty County
Continues amendment providing for establishment of a sewage system in City of Albany and Dougherty County and authority for City of Albany to contract with county with respect to a sewage system, including a sewage disposal plant.

HB 1067 12th City of Albany Dougherty County
Continues amendment providing for establishment of a sewage system in City of Albany and Dougherty County and provides for financing of such sewage system and a sewage disposal plant and for assessment of cost of such sewers.

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

*HB 644:

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

Amend HB 644 by striking from line 20 of page 2 the following: "$49,500.00",
and inserting in lieu thereof the following: "$51,750.00, except that the chief assistant district attorney shall receive no more than
$54,000.00 per annum".

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 Brannon

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JOURNAL OF THE SENATE

Broun of 46th Brown of 47th Bryant Burton Coleman CC,, oruvmerb,dl,eelyl DDeaawl kins
Dean
Echols
Edge
English Engram

Fincher Foster Gillis Harris Harrison n HHoinweaird HKuengngiendsy
Kidd
Land
Langford
McGill McKenzie

Newbill Olmstead Peevy Perry j^a Qo0c, ot..t o,rf o,Gb(tn, ^ Stuummbuaakuegh.
late
Tolleson
Turner
Tysinger Walker

Those not voting were Senators:

Bowen Garner Hudgins

Phillips Ragan Scott of 2nd

Starr Timmons

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 644, having received the requisite constitutional majority, were passed.

HB 644, having received the requisite constitutional majority, was passed as amended.

SENATE RULES CALENDAR
Wednesday, March 4, 1987
THIRTY-FIFTH LEGISLATIVE DAY
HB 126 Certain Acts, Conduct Disrupting Senate, House Meetings--prohibit (SUBSTI TUTE) (GOV OP--25th)
HB 309 Housing Authority Law--define private agreement (I&L--42nd)
HB 132 Boilers, Pressure Vessels--formulation of rules, regulations (I&L--15th)
HB 69 Disposition of Unclaimed Property Act--former clients of family and children services (HUM R--25th)
HB 76 Magistrate Courts--jurisdiction over certain offenses involving bad checks (S JUDY--43rd)
HB 726 Motor Vehicle Accident Reparations Act--redefine certain terms (SUBSTI TUTE) (INS--49th)
SR 158 Public School Employee Ethics, Grievance Study Committee--create (AMEND MENT) (RULES--49th)
HB 811 Motor Vehicle Tags by Mail--additional fee (TRANS--33rd)
HB 662 State Authorities--provide for program of insurance and self-insurance against liability (INS--14th)
HB 835 Alteration, Shoe Repair Businesses--liens and satisfaction by sale (I&L--37th)
SR 165 Head Injury Treatment and Rehabilitation Study Committee--create (RULES--21st)
HB 342 Workers' Compensation--county governing authority members defined as em ployee (I&L--15th)

WEDNESDAY, MARCH 4, 1987

1381

HB 613 Benefits Paid by Vehicle Insurance--reduce benefits paid by State group plan (INS--25th)
HB 653 Two Indictments on Same Charge--provisions when quashed (S JUDY--9th)
HB 142 Cigarettes, Tobacco-Related Objects--prohibit selling to minor (SUBSTITUTE) (HUM R--42nd)
HB 652 Maximum Speed Limits--increase to 65 certain highways (SUBSTITUTE) (TRANS--1st)
HB 198 Video Movie Sale, Rental--unlawful unless rating displayed (SUBSTITUTE) (S JUDY--33rd)
HB 755 Augusta Judicial Circuit--terms, Superior Courts, Burke County (JUDY--21st)
HB 347 Former Political Prisoners Outside United States--special license plates (TRANS--8th)
HB 432 Board of Examiners for Speech Pathology, Audiology--continue but later termi nate (SUBSTITUTE) (HUM R--42nd)
HB 289 Alcoholic Beverage Possession by Those Under Twenty-One (21)--city court try first offense (SUBSTITUTES) (C AFF--29th)
Respectfully submitted,
/s/ Nathan Dean Dean of the 31st, Chairman Senate Rules Committee
The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:
HB 126. By Representative Wall of the 61st:
A bill to amend Article 2 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order, so as to prohibit certain acts and conduct which would prevent or disrupt a session or meeting of the Senate or House of Representatives, a joint session thereof, or any meeting of any stand ing or interim committee, commission, or caucus of members thereof.
Senate Sponsor: Senator Kidd of the 25th.
The Senate Committee on Governmental Operations offered the following substitute to HB 126:
A BILL
To be entitled an Act to amend Article 2 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order, so as to prohibit certain acts and conduct which would prevent or disrupt a session or meeting of the Senate or House of Representatives, a joint session thereof, or any meeting of any standing or interim commit tee, commission, or caucus of members thereof; to prohibit persons from entering, occupy ing, or remaining within the state capitol building or certain other buildings while in the possession of any firearm, certain knives, explosive or incendiary devices or compounds, bludgeons, metal knuckles, or other dangerous or deadly weapons, instruments, or devices; to prohibit the obstruction of certain streets, sidewalks, hallways, offices, or other passage ways; to prohibit certain persons from entering or remaining upon the floor of the Senate or the floor of the House of Representatives or within certain other areas; to provide for excep tions; to prohibit certain entries into the galleries of the Senate and the House of Represent atives; to prohibit certain disruptive activities, parades, demonstrations, or picketing in cer tain areas; to provide for penalties; to provide for intent; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order, is amended by adding, following Code Section 1611-34, a new Code Section 16-11-34.1 to read as follows:
"16-11-34.1. (a) It shall be unlawful for any person recklessly or knowingly to commit any act which may reasonably be expected to prevent or disrupt a session or meeting of the Senate or House of Representatives, a joint session thereof, or any meeting of any standing or interim committee, commission, or caucus of members thereof.
(b) It shall be unlawful for any person, other than those persons who are exempt from the provisions of Code Sections 16-11-126 through 16-11-128, to enter, occupy, or remain within the state capitol building or any building housing committee offices, committee rooms, or offices of members, officials, or employees of the General Assembly or either house thereof while in the possession of any firearm, knife designed for the purpose of offense and defense, explosive or incendiary device or compound, bludgeon, metal knuckles, or any other dangerous or deadly weapon, instrument, or device.
(c) It shall be unlawful for any person purposely or recklessly and without authority of law to obstruct any street, sidewalk, hallway, office, or other passageway in that area desig nated as Capitol Square by Code Section 50-2-28 in such a manner as to render it impassa ble without unreasonable inconvenience or hazard or to fail or refuse to remove such ob struction after receiving a reasonable official request or the order of a peace officer to do so.
(d) It shall be unlawful for any person willfully and knowingly to enter or to remain upon the floor of the Senate or the floor of the House of Representatives or within any cloakroom, lobby, or anteroom adjacent to such floor unless such person is authorized, pur suant to the rules of the Senate or House of Representatives or pursuant to authorization given by the Senate or House of Representatives, to enter or remain upon the floor or within such area.
(e) It shall be unlawful for any person willfully and knowingly to enter or to remain in the gallery of the Senate or the gallery of the House of Representatives in violation of rules governing admission to such gallery adopted by the Senate or the House of Representatives or pursuant to authorization given by such body.
(f) It shall be unlawful for any person willfully and knowingly to enter or to remain in any room, chamber, office, or hallway within the state capitol building or any building hous ing committee offices, committee rooms, or offices of members, officials, or employees of the General Assembly or either house thereof with intent to disrupt the orderly conduct of offi cial business or to utter loud, threatening, or abusive language or engage in any disorderly or disruptive conduct in such buildings or areas.
(g) It shall be unlawful for any person to parade, demonstrate, or picket within the state capitol building or any building housing committee offices, committee rooms, or offices of members, officials, or employees of the General Assembly or either house thereof with intent to disrupt the orderly conduct of official business or to utter loud, threatening, or abusive language or engage in any disorderly or disruptive conduct in such buildings or areas.
(h) (1) Any person violating this Code section for the first time shall be guilty of a misdemeanor.
(2) Any person violating this Code section for the second time shall be guilty of a mis demeanor of a high and aggravated nature.
(3) Any person violating this Code section for the third or any subsequent time shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than three years.
(i) The enactment of this Code section shall not repeal any other provision of law pro scribing or regulating any conduct otherwise prohibited by this Code section."

WEDNESDAY, MARCH 4, 1987

1383

Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 34, nays 0, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes

Edge English Engram Fincher Foster

McKenzie Newbill Olmstead Peevy Perry

Brown of <t7th Bryant Burton Coverdell Crumbley Dawkins Deal Dean Echols

HHaarrrriisson Hine Howard Huggins Kennedy Kidd Land McGill

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

Those not voting were Senators:

Bowen Coleman Garner

Hudgins Langford Phillips

Ragan Starr Timmons

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

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

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

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.
Senate Sponsor: Senator Howard of the 42nd.

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

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

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JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

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

Edge Engram Foster Garner Gillis Harris Harrison Hine Howard Huggins Kidd Land McGill McKenzie Newbill

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

Those not voting were Senators:

Bowen Coleman Dean English

Fincher Hudgins Kennedy (presiding) Langford

Phillips Ragan Timmons

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

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

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.
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 Coverdell Crumbley

Dawkins Deal Dean Echols Edge Engram Foster Garner Gillis Harris Harrison Howard Huggins

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

WEDNESDAY, MARCH 4, 1987

1385

Starr Stumbaugh Tate

Tolleson Turner

Tysinger Walker

Those not voting were Senators:

Coleman English Fincher

Hine Hudgins Kennedy (presiding)

Langford Ragan Timmons

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

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

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.
Senate Sponsor: Senator Kidd of the 25th.

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

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

Those voting in the affirmative were Senators:

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

Edge English Engram Fincher Foster Gillis Harris Harrison Hine Huggins Kidd Langford McGill McKenzie Newbill

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

Those not voting were Senators:

Allgood Bowen Dawkins Garner

Howard Hudgins Kennedy (presiding)

Land Ragan Scott of 2nd

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

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

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The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
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 House substitute to SB 24 was as follows:
A BILL
To be entitled an Act to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to change the 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 change certain effective dates; 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 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

WEDNESDAY, MARCH 4, 1987

1387

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 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."

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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 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.

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1389

(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. This 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. Said title is further amended by striking Code Section 37-8-53, relating to the effective date of certain articles in Chapter 8, and inserting in its place a new Code section to read as follows:
"37-8-53. Articles 1, 2, and 3 of this Chapter 8 shall not become effective until July 1, 1989."
Section 10. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 11. All laws and parts of laws in conflict with this Act are repealed.

Senator Kidd of the 25th moved that the Senate agree to the House substitute to SB 24.

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 Brannon Broun of 46th Brown of 47th

Bryant Burton Coleman Coverdell Crumbley Deal Dean Echols

Edge Engram Fincher Foster Garner Gillis Harrison Hine

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JOURNAL OF THE SENATE

Howard Huggins Kidd LLaanngdford
McGill McKenzie Newbill

Olmstead Peevy Perry PRhaiyllips
Scott of 2nd Scott of 36th Shumake

Starr Stumbaugh Tate ,,T,ol,,leson
Turner Tysinger Walker

Those not voting were Senators:

Bowen Dawkins English

Harris Hudgins Kennedy (presiding)

Ragan Timmons

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 24.

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 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.
Senate Sponsor: Senator Deal of the 49th.

The Senate Committee on Insurance offered the following substitute to HB 726:

A BILL
To be entitled an Act 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; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. 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," is amended by striking paragraph (9) in its entirety and inserting in lieu thereof a new para graph (9) to read as follows:
"(9) 'Operation, maintenance, or use of a motor vehicle' means operation, maintenance, or use of a motor vehicle as a vehicle. The term does not include the following:
(A) Repairing, servicing, or otherwise maintaining a motor vehicle by any person acting within the course of his employment in any business on the premises of such business unless such person is actually driving the motor vehicle; or
(B) Loading or unloading a motor vehicle by any person acting within the course of his employment in any business."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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

WEDNESDAY, MARCH 4, 1987

1391

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 English Engram Fincher Foster Garner Gillis Harris Huggins Kidd Land Langford McGill McKenzie

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

Those not voting were Senators:

Bowen Harrison Mine

Howard Hudgins Kennedy (presiding)

Ragan Timmons Tolleson

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

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

SR 158. By Senator Deal of the 49th:
A resolution creating the Senate Public School Employee Ethics and Grievance Procedures Study Committee.

The Senate Committee on Rules offered the following amendment:
Amend SR 158 by striking from line 25 of page 2 the following: "31",
and inserting in its place the following: "15".
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 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:

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Those voting in the affirmative were Senators:

Albert
Allgood Baldwin Barker Barnes Brannon Broun of 46th Brown of 47th

Edge
English Engram Fincher Foster Garner Qm(s H&n{s

BuC Coleman Coverdell Crumbley Dawkins Deal Dean Echols

H- , "oward Huggms Kidd Land Langford McGill McKenzie

Newbill Olmstead Peevy Perry Phillips Ray Scott of 2nd Scott of 36th
S" Starr Stumbaugh Tate Timmons Turner Tysinger Walker

Those not voting were Senators:

Bowen Harrison

Hudgins Kennedy (presiding)

Ragan Tolleson

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

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

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.
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 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 Kidd Land Langford McGill McKenzie Newbill Olmstead Peevy Perry Phillips

WEDNESDAY, MARCH 4, 1987

1393

Ray Scott of 2nd Scott of 36th Shumake

Starr Stumbaugh Tate

Turner Tysinger Walker

Those not voting were Senators:

Barnes Bowen Garner

Harrison Hudgins Kennedy (presiding)

Ragan Timmons Tolleson

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

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

Senator McKenzie of the 14th moved that HB 662 be immediately transmitted to the House.

On the motion, the yeas were 29, nays 0; the motion prevailed, and HB 662 was imme diately transmitted to the House.

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.

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 Brown of 47th
Coverdell Crumbley Dawkins Deal Dean Echols

Edge English Engram Fincher Foster Garner Gmis
Harris Hine Howard Huggins Kidd Langford McGill

McKenzie Newbill Olmstead Peevy Perry phim Rfly
Scott of 2nd Scott of 36th Starr Stumbaugh Tate Tysinger Walker

Those not voting were Senators:

Bowen Brannon Coleman Harrison

Hudgins Kennedy (presiding) Land Ragan

Shumake Timmons Tolleson Turner

On the adoption of the resolution, the yeas were 43, nays 0.

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JOURNAL OF THE SENATE

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

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

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

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

Those voting in the affirmative were Senators:

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

Dean Edge English Engram Fincher Foster Garner Gillis Harris Hine Howard Hudgins Huggins Kidd

Land McGill Newbill Olmstead Peevy Perry Phillips Scott of 2nd Scott of 36th Starr Tate Turner Tysinger Walker

Those not voting were Senators:

Bowen
Eceh,aol l,s Harrison Kennedy (presiding)

Langford McKenzie
Ra8an Ray

Shumake Stumbaugh
Timmons Tolleson

On the passage of the bill, the yeas were 42, nays 0.

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

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.
Senate Sponsor: Senator Kidd of the 25th.

Senator Kidd of the 25th moved that HB 613 be postponed until March 5.

WEDNESDAY, MARCH 4, 1987

1395

On the motion, the yeas were 32, nays 0; the motion prevailed, and HB 613 was post poned until March 5.

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.
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 Barnes Broun of 46th Brown of 47th Bryant Burton Coleman Crumbley Dawkins Dean

English Engram Fincher Foster Gillis Harris Hine Howard Hudgins Huggins Kidd Land McGill

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

Those not voting were Senators:

Bowen Brannon Coverdell Deal Echols Edge

Garner Harrison Kennedy (presiding) Langford McKenzie

Ragan Ray Starr Tolleson Walker

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

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

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.
Senate Sponsor: Senator Howard of the 42nd.

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The Senate Committee on Human Resources offered the following substitute to HB 142:
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 of cigarettes or tobacco re lated objects by minors; to prohibit the misrepresentation of identity or age or use of any false identification by a minor for the purchase of any cigarettes or tobacco related objects; to provide for the posting of certain warning signs by any person, firm, partnership, com pany, corporation, or other entity who owns or operates a place of business in which ciga rettes 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 pro hibit 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 17 years.
(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 unless the minor for whom the purchase is made is the child of the purchaser; or
(C) Advise, counsel, or compel any minor to smoke, inhale, chew, or use cigarettes or tobacco related objects.
(2) The prohibition contained in paragraph (1) of this subsection shall not apply with

WEDNESDAY, MARCH 4, 1987

1397

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 17 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 any cigarettes or tobacco related objects; or
(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.
(2) A minor who commits an offense provided for in paragraph (1) of this subsection may be punished as follows:
(A) By requiring the performance of community service not exceeding 20 hours;
(B) By requiring attendance at a publicly or privately sponsored lecture or discussion on the health hazards of smoking or tobacco use, provided such lecture or discussion is offered without charge to the minor; or
(C) By a combination of the punishments described in subparagraphs (A), (B), and (C) of this paragraph.
16-12-172. (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 17 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.
16-12-173. (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 PURCHASE OF CIGARETTES OR TOBACCO RELATED OBJECTS FROM THIS VENDING MACHINE BY ANY PERSON UNDER 18 YEARS OF AGE IS PRO HIBITED 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.
(c) It shall be a violation of subsection (a) of Code Section 16-12-171 for any person knowingly to allow a minor to operate a vending machine which dispenses cigarettes or to bacco related objects.
(d) The offenses provided for by paragraph (1) of subsection (b) of Code Section 16-12171 shall apply to the operation by a minor of a vending machine which dispenses cigarettes or tobacco related objects."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Senator Howard of the 42nd offered the following amendment:

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JOURNAL OF THE SENATE

Amend the substitute to HB 142 offered by the Senate Committee on Human Re sources by striking line 31 of page 4 and inserting into its place the following:
"UNDER 17 YEARS OF AGE IS PROHIBITED BY LAW.' ".

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 31, 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 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 Burton Coleman Coverdell Crumbley Deal

Edge Engram Fincher Foster Garner Harrison Hine Howard Huggins Kidd Land Langford

Newbill Olmstead Peevy Phillips Scott of 36th Shumake Starr Stumbaugh Tate Tolleson Tysinger Walker

Those voting in the negative were Senators:

Bowen Brown of 47th Bryant Dawkins Dean Echols

English Gillis Harris Hudgins McGill McKenzie

Perry Ragan Ray Scott of 2nd Timmons Turner

Not voting was Senator Kennedy (presiding).

On the passage of the bill, the yeas were 36, nays 18.

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

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

Mr. President:

The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate:

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-

WEDNESDAY, MARCH 4, 1987

1399

hibit a refiner, producer, or manufacturer of automobile gasoline from opening and from directly or indirectly operating a retail service station for the retail sale of gasoline.

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 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.
The Speaker has appointed on the part of the House, Representatives Chambless of the 133rd, Robinson of the 96th and Groover of the 99th.
The House insists on its position in disagreeing to the Senate amendment, and has appointed a Committee of Conference on the part of the House to confer with a like com mittee on the part of the Senate on the following bill 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.
The Speaker has appointed on the part of the House, Representatives Bray of the 91st, Holmes of the 28th and Steinberg of the 46th.
The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:
HB 652. By Representatives Triplet! 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.
Senate Sponsor: Senator Coleman of the 1st.
The Senate Committee on Transportation offered the following substitute to HB 652:
A BILL
To be entitled an Act to amend Article 9 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to speed restrictions, so as to authorize the commissioner of transportation, in conformity with federal law, to increase certain maximum speed limits; to change the provisions relating to the establishment of state speed zones; to repeal certain provisions relating to maximum speed limits; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 9 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to speed restrictions, is amended by adding at the end of Code Section 40-6-181, relating to maximum motor vehicle speed limits, a new subsection (d) to read as follows:
"(d) Notwithstanding any other provision of this article to the contrary, the commis sioner of transportation may increase the maximum lawful vehicle speed on any highway or portion of a highway to not more than 65 miles per hour if such increase is not in conflict with any provision of federal law and will not result in any loss of federal funds to the state."
Section 2. Said article is further amended by striking Code Section 40-6-182, relating to establishment of state speed zones, and inserting in lieu thereof a new Code Section 40-6182 to read as follows:
"40-6-182. Whenever the commissioner of public safety or the commissioner of trans portation shall determine upon the basis of an engineering and traffic investigation that any maximum speed set forth in this article is greater or less than is reasonable or safe under the conditions found to exist at any intersection or other place or upon any part of the state highway system, they may jointly determine and declare a reasonable and safe maximum limit at such place, which shall be effective when appropriate signs giving notice thereof are erected. Such a maximum speed limit may be declared to be effective at all times as are indicated upon such signs; and differing limits may be established for different times of day, different varying weather conditions, different types of vehicles, and other factors bearing on safe speeds, which shall be effective when posted upon appropriate fixed or variable signs."
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.
Senators Coverdell of the 40th, Kidd of the 25th and Barnes of the 33rd offered the following substitute:
A BILL
To be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to authorize the commissioner of transportation, in conformity with federal law, to increase certain maximum speed limits; to change the provisions relating to the establishment of state speed zones; to repeal certain provisions relating to speed limits; to provide that children over three years of age but under 16 years of age shall be restrained by seat safety belts while being transported in certain motor vehi cles; 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 requirement to use seat belts; to provide for penalties; to provide for other matters relative to the foregoing; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by adding at the end of Code Section 40-6-181, relating to maximum motor vehicle speed limits, a new subsection (d) to read as follows:
"(d) Notwithstanding any other provision of this article to the contrary, the commis sioner of transportation may increase the maximum lawful vehicle speed on any highway or portion of a highway to not more than 65 miles per hour if such increase is not in conflict with any provision of federal law and will not result in any loss of federal funds to the state."
Section 2. Said title is further amended by striking Code Section 40-6-182, relating to

WEDNESDAY, MARCH 4, 1987

1401

establishment of state speed zones, in its entirety and substituting in lieu thereof a new Code Section 40-6-182 to read as follows:
"40-6-182. Whenever the commissioner of public safety or the commissioner of trans portation shall determine upon the basis of an engineering and traffic investigation that any maximum speed set forth in this article is greater or less than is reasonable or safe under the conditions found to exist at any intersection or other place or upon any part of the state highway system, they may jointly determine and declare a reasonable and safe maximum limit at such place, which shall be effective when appropriate signs giving notice thereof are erected. Such a maximum speed limit may be declared to be effective at all times as are indicated upon such signs; and differing limits may be established for different times of day, different varying weather conditions, different types of vehicles, and other factors bearing on safe speeds, which shall be effective when posted upon appropriate fixed or variable signs."
Section 3. Said title is further amended by adding between subsections (c) and (d) of Code Section 40-8-76, relating to the requirements for safety belts for motor vehicles and safety restraints for children being transported in motor vehicles, 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, 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. This subsection shall not apply to a child who has a medical condition that prevents appropriate restraint by a seat 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.
(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 or any other person, firm or corporation, and shall not diminish any recovery for damages arising out of the ownership, maintenance, or operation of a passenger 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.

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JOURNAL OF THE SENATE

(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 4. Sections 1 and 2 of this Act shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval. Section 3 of this Act shall become effective on July 1, 1987.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute to HB 652 offered by the Senate Committee on Transportation, the yeas were 6, nays 27, and the substitute was lost.

On the adoption of the substitute to HB 652 offered by Senators Coverdell of the 40th, Kidd of the 25th and Barnes of the 33rd, Senator Kennedy of the 4th, President Pro Tempore, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Barnes Broun of 46th Burton CC,, oovleemrd,aenl,,l Deal Dean Echols
Edge
English

Foster Garner Harris Harrison iHHioinweardj Hudgins Kidd Land
McGill
Newbill

Olmstead Perry Phillips j^av cS,, co*t*t ocf 3->6/>tiUh ,,, Stumbaugh Tate
Tysinger
Walker

Those voting in the negative were Senators:

Allgood Baldwin BBararknenron
Brown of 47th Bryant

Crumbley Dawkins FGiinllcisher
Huggins McKenzie

Peevy Ragan cSco,t,t of, 2_ nd,
Timmons Turner

Those not voting were Senators:

Bowen Engram

Kennedy (presiding) Langford

Shumake Tolleson

On the adoption of the substitute to HB 652 offered by Senators Coverdell of the 40th, Kidd of the 25th and Barnes of the 33rd, the yeas were 32, nays 17, 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 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-

WEDNESDAY, MARCH 4, 1987

1403

tary consideration, or other dissemination of a video movie unless the official rating is prominently displayed on the covering.
Senate Sponsor: Senator Barnes of the 33rd.
The Senate Committee on Special Judiciary offered the following substitute to HB 198:
A BILL
To be entitled an Act 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, or other dissemination for monetary consideration of a video movie unless the official rating is prominently dis played on the covering; to provide exceptions; to provide penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. 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, is amended by adding immediately following Code Section 16-8-60 a new Code section, to be designated Code Sec tion 16-8-61, to read as follows:
"16-8-61. (a) As used in this Code section, the term:
(1) 'Official rating' means the official rating of a motion picture by the Classification and Rating Administration of the Motion Picture Association of America.
(2) 'Video movie' means a videotape, video cassette, video disc, any prerecorded video display or visual depiction, any prerecorded device that can be converted to a visual depic tion, or other reproduction or reconstruction of a motion picture.
(b) No person may sell, rent, loan, or otherwise disseminate or distribute for monetary consideration a video movie unless the official rating of the motion picture from which the video movie is copied is clearly and prominently displayed in boldface type of at least 18 points on the outside of the cassette, case, jacket, or other covering containing the video movie. Such video movie shall be clearly and prominently marked as 'not rated' if:
(1) The motion picture from which the video movie is copied has no official rating;
(2) The official rating of the motion picture from which the video movie is copied is not readily available to such person; or
(3) The video movie has been altered so that its content materially differs from the motion picture.
(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 Peevy of the 48th and Deal of the 49th offered the following amendment:
Amend the substitute to HB 198 offered by the Senate Committee on Special Judiciary by striking from line 19 of page 2 the following:
"be guilty of a misdemeanor",
and inserting in its place the following:
", upon conviction thereof, be punished by a fine of not more than $100.00".
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

On the adoption of the substitute, the yeas were 31, nays 4, and the substitute was adopted as amended.

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

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

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes
Bowen Brannon BTBR>rroowunn. oofcf 44,n67*tthuh BUjt"n Coverdell Crumbley Deal Dean Echols Edge

English Engram Fincher Foster
Garner Gmis ,,HH...mareri.s Howard Hudgins Huggins Kidd Land McGill McKenzie

Newbill Olmstead Peevy Perry
Phillips R nSR,-, caoy,t.t of, 2n nd, Scott of 36th Starr Stumbaugh Timmons Tolleson Turner Tysinger

Voting in the negative were Senators Allgood and Walker.

Those not voting were Senators:

Coleman Dawkins Harrison

Kennedy (presiding) Langford

Shumake Tate

On the passage of the bill, the yeas were 46, nays 2.

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

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

HB 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.

Senator Allgood of the 22nd moved that the Senate adhere to the Senate substitute to HB 209, and that a Conference Committee be appointed.

On the motion, the yeas were 40, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 209.

WEDNESDAY, MARCH 4, 1987

1405

Senator Kennedy of the 4th, President Pro Tempore, who was presiding, appointed as a Conference Committee on the part of the Senate the following:

Senators Allgood of the 22nd, Hine of the 52nd and Deal of the 49th.

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

HB 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.
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 Brown of 47th Bryant Burton Coverdell Crumbley Dawkins Deal Dean Echols

Edge English Engram Fincher Poster Garner Gillis Harris Harrison Hine Hudgins Huggins Kidd Land McGill

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

Those not voting were Senators:

Barker Bowen Coleman Howard

Kennedy (presiding) Langford Ragan

Ray Shumake Tate

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

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

HB 347. By Representatives Beck of the 148th and Padgett of the 86th:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to special motor vehicle license plates, so as to provide that distinctive personalized license plates shall be issued to civilian internees on the same basis as to former prisoners of war.
Senate Sponsor: Senator Turner of the 8th.

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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 Brannon Broun of 46th Brown of 47th Bryant Burton Coverdell Crumbley Dawkins Deal Dean Echols

Edge Engram Foster Garner Gillis Harris Hine Howard Hudgins Huggins Kidd Land Langford McGill McKenzie

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

Those not voting were Senators:

Bowen Coleman English

Fincher Harrison Kennedy (presiding)

Ray Tate Timmons

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

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

The following general bill of the House, having been read the third time on March 3 and postponed until March 4, was put upon its passage:

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.
Senate Sponsor: Senator Howard of the 42nd.

The Senate Committee on Human Resources offered the following substitute to HB 432:

A BILL
To be entitled an Act 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 certain acts by physicians and unlicensed persons who act under the supervision of a physician under certain conditions; 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; to repeal conflicting laws; and for other purposes.

WEDNESDAY, MARCH 4, 1987

1407

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 44 of Title 43 of the Official Code of Georgia Annotated, relating to the State Board of Examiners for Speech Pathology and Audiology, is amended by adding at the end of Code Section 43-44-7, prohibiting certain unlicensed practices, a new subsec tion (g) to read as follows:
"(g) Nothing in this chapter shall be construed to restrict hearing testing or any other act by a physician licensed under Chapter 34 of this title operating within the scope of his license or the performing of such acts by persons acting under the supervision of a licensed physician, provided that the physician must be on the premises while such acts are being performed."
Section 2. Said chapter is further amended by striking Code Section 43-44-18, relating to the termination of that board, and inserting in its place a new Code section to read as follows:
"43-44-18. For the purposes of Chapter 2 of this title, 'The Act Providing for the Re view, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the State Board of Examiners for Speech Pathology and Audiology shall be terminated on July 1, 1993, and this chapter and any other laws relating to such board shall be repealed in their entirety effective on the date specified in Code Section 43-2-8."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Senator Howard of the 42nd moved that HB 432 be committed to the Senate Commit tee on Rules.
On the motion, the yeas were 34, nays 0; the motion prevailed, and HB 432 was com mitted to the Senate Committee on Rules.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House insists on its position in amending the Senate substitute, and has appointed a Committee of Conference on the part of the House to confer with a like committee on the part of the Senate on the following bill of the House:
HB 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.
The Speaker has appointed on the part of the House, Representatives Lane of the 27th, Greer of the 39th and Holmes of the 28th.
The following general bill of the House, having been read the third time on March 3 and postponed until March 4, was put upon its passage:
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-

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JOURNAL OF THE SENATE

ing to furnishing alcoholic beverages to, and purchase and possession of alcoholic beverages by, a person under 21 years of age.
Senate Sponsor: Senator Baldwin of the 29th.
The Senate Committee on Consumer Affairs offered the following substitute to HB 289:
A BILL
To be entitled an Act to amend Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to the jurisdiction of municipal courts, so as to authorize the municipal courts to try and dispose of a first offense violation of Code Section 3-3-23, relating to fur nishing alcoholic beverages to, and purchase and possession of alcoholic beverages by, a person under 21 years of age; to provide that the fines from prosecution of such cases shall be paid into the treasury of the municipal corporation; to provide that a defendant may have the case transferred to a court having general misdemeanor jurisdiction; to provide for punishments; to provide that no municipal corporation is authorized to impose a fine or punishment in excess of the limits set forth in the charter of such municipal corporation; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to the jurisdiction of municipal courts, is amended by adding at the end thereof a new Code section, to be designated Code Section 36-32-9, to read as follows:
"36-32-9. (a) The municipal courts are granted jurisdiction to try and dispose of a first offense violation of Code Section 3-3-23, relating to furnishing alcoholic beverages to, and purchase and possession of alcoholic beverages by, a person under 21 years of age, if the offense occurred within the corporate limits of such municipal corporation. The jurisdiction of such municipal court shall be concurrent with the jurisdiction of any other courts within the county having jurisdiction to try and dispose of such cases.
(b) Any fines and forfeitures arising from the prosecution of such cases shall be retained by the municipal corporation and shall be paid into the treasury of such municipal corporation.
(c) Any defendant charged with a first offense violation of Code Section 3-3-23 in a municipal court shall be entitled upon request to have the case against him transferred to the court having general misdemeanor jurisdiction in the county in which the alleged offense occurred.
(d) A person convicted in a municipal court of a first offense violation of Code Section 3-3-23 shall be punished as provided in paragraph (1) of subsection (b) of Code Section 3-323.1, provided that nothing in this Code section or Code Section 3-3-23.1 shall be construed to give any municipal corporation the right to impose a fine or punishment in excess of the limits set forth in the charter of such municipal corporation."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Senator Barnes of the 33rd offered the following substitute to HB 289:
A BILL
To be entitled an Act to amend Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to the jurisdiction of municipal courts, so as to authorize the municipal courts to try and dispose of a first offense violation of Code Section 3-3-23, relating to fur nishing alcoholic beverages to, and purchase and possession of alcoholic beverages by, a person under 21 years of age; to provide that the fines from prosecution of such cases shall be paid into the treasury of the municipal corporation; to provide that a defendant may have the case transferred to a court having general misdemeanor jurisdiction; to provide for punishments; to provide that no municipal corporation is authorized to impose a fine or

WEDNESDAY, MARCH 4, 1987

1409

punishment in excess of the limits set forth in the charter of such municipal corporation; 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 pregnancy is dangerous, so as to provide for the posting of such signs by all retailers who sell alcoholic beverages; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to the jurisdiction of municipal courts, is amended by adding at the end thereof a new Code section, to be designated Code Section 36-32-9, to read as follows:
"36-32-9. (a) The municipal courts are granted jurisdiction to try and dispose of a first offense violation of Code Section 3-3-23, relating to furnishing alcoholic beverages to, and purchase and possession of alcoholic beverages by, a person under 21 years of age, if the offense occurred within the corporate limits of such municipal corporation. The jurisdiction of such municipal court shall be concurrent with the jurisdiction of any other courts within the county having jurisdiction to try and dispose of such cases.
(b) Any fines and forfeitures arising from the prosecution of such cases shall be retained by the municipal corporation and shall be paid into the treasury of such municipal corporation.
(c) Any defendant charged with a first offense violation of Code Section 3-3-23 in a municipal court shall be entitled upon request to have the case against him transferred to the court having general misdemeanor jurisdiction in the county in which the alleged offense occurred.
(d) A person convicted in a municipal court of a first offense violation of Code Section 3-3-23 shall be punished as provided in paragraph (1) of subsection (b) of Code Section 3-323.1, provided that nothing in this Code section or Code Section 3-3-23.1 shall be construed to give any municipal corporation the right to impose a fine or punishment in excess of the limits set forth in the charter of such municipal corporation."
Section 2. Code Section 3-1-5 of the Official Code of Georgia Annotated, relating to posting of signs warning that consumption of alcohol during pregnancy is dangerous, is amended by striking said Code section in its entirety and inserting in its place a new Code Section 3-1-5 to read as follows:
"3-1-5. (a) All retail consumption dealers and retail dealers in this state who sell at retail any alcoholic beverages shall post, in a conspicuous place, a sign which clearly reads: 'Warning: Drinking alcoholic beverages during pregnancy can cause birth defects.'
(b) The department shall make such warning signs available to such retailers of alco holic beverages and shall promulgate rules and regulations with respect to the form and the posting of said signs. A fee may be charged by the department to cover printing, postage, and handling expenses.
(c) Any person who fails or refuses to post the sign as required in this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not to exceed $100.00 for each violation."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Senator Baldwin of the 29th offered the following amendment:
Amend the substitute to HB 289 offered by the Senate Committee on Consumer Affairs by striking from line 22 of page 2 the quotation marks and by inserting between line 22 and line 23 of page 2 the following:
"(e) Nothing in this Code section shall affect the original and exclusive jurisdiction of the juvenile court as set forth in Code Section 15-11-5.' "

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JOURNAL OF THE SENATE

On the adoption of the amendment offered by Senator Baldwin of the 29th, the yeas were 39, nays 0, and the amendment was adopted.
Senators Scott of the 2nd and Barnes of the 33rd offered the following amendment:
Amend the substitute to HB 289 offered by Senator Barnes of the 33rd by adding in the title on line 19 of page 1, immediately following the word "beverages" and preceding the semicolon, the following:
"and by certain other entities".
By striking from Section 2 lines 7 through 17 on page 3, which read as follows:
"(b) The department shall make such warning signs available to such retailers of alco holic beverages and shall promulgate rules and regulations with respect to the form and the posting of said signs. A fee may be charged by the department to cover printing, postage, and handling expenses.
(c) Any person who fails or refuses to post the sign as required in this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not to exceed $100.00 for each violation.' ",
and inserting in lieu thereof the following:
"(b) All hospitals, medical clinics, facilities which offer family planning services, offices of physicians who practice in gynecology and obstetrics, and offices of physicians who prac tice in pediatrics shall have posted, in a conspicuous place, a sign which clearly reads: 'Warning: Drinking alcoholic beverages during pregnancy can cause birth defects.'
(c) The department shall make such warning signs available to entities provided for in subsection (b) of this Code section and to such retailers of alcoholic beverages and shall promulgate rules and regulations with respect to the form and the posting of said signs. A fee may be charged by the department to cover printing, postage, and handling expenses.
(d) Any person who fails or refuses to post the sign as required in this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not to exceed $100.00 for each violation.' "

On the adoption of the amendment offered by Senators Scott of the 2nd and Barnes of the 33rd, the yeas were 38, nays 0, and the amendment was adopted.
On the adoption of the substitute to HB 289 offered by the Senate Committee on Con sumer Affairs, the yeas were 0, nays 41, and the substitute was lost.
On the adoption of the substitute to HB 289 offered by Senator Barnes of the 33rd, the yeas were 43, 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.
The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:
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

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jurisdiction over certain criminal offenses involving possession of marijuana and involving the writing of bad checks.
Senate Sponsor: Senator Walker of the 43rd.
Senator Deal of the 49th offered the following substitute to HB 76:
A BILL
To be entitled an Act to amend Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, so as to provide that 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; to provide for practice and procedure; to provide for related matters; to pro vide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, is amended in Code Section 15-10-2, relating to jurisdiction, by striking the word "and" at the end of paragraph (10), by replacing the period at the end of para graph (11) with the symbol and word "; or", and by adding thereafter a new paragraph (12) to read as follows:
"(12) The trial and sentencing of misdemeanor violations of Code Section 16-9-20, re lating to criminal issuance of bad checks, as provided by Article 10 of this chapter."
Section 2. Said chapter is further amended by adding at the end thereof a new Article 10 to read as follows:
"ARTICLE 10
15-10-200. This article governs trials of misdemeanor violations of Code Section 16-920, relating to issuance of bad checks, which violations shall be punishable as provided in subsection (b) of Code Section 16-9-20.
15-10-201. There shall be no jury trials in the magistrate court. Any person charged with one or more misdemeanor violations of Code Section 16-9-20, may, at any time before trial, demand that the case be removed to the state court of the county or to the superior court of the county if there is no state court. Such demand shall be written. Upon such written demand the court shall grant the demand. Failure to so demand removal of the case shall constitute a waiver of any right to trial by jury which the defendant may otherwise have had and of any other right which could have been secured by such a demand.
15-10-202. (a) Prosecution for a misdemeanor violation of Code Section 16-9-20 may proceed by arrest, as provided in Chapter 4 of Title 17, and an accusation, as provided in Code Section 17-7-71, or by citation.
(b) Each citation shall be based upon an affidavit as in the issuance of an arrest warrant and said citation shall state the time and place at which the accused is to appear for trial, shall identify the offense with which the accused is charged, shall have an identifying num ber by which it shall be filed with the court, shall indicate the identity of the accused and the date of service, and shall be signed by a judge or clerk of the magistrate court.
(c) Prosecutions upon citations shall be commenced by the completion and signing of the citation by a judge or clerk of the magistrate court and service of the citation by a law enforcement officer. The original of the citation shall be personally served upon the accused and a copy shall promptly be filed with the court.
(d) If the prosecution is proceeding upon citation, the accused shall not be arrested prior to the time of trial; but any defendant who fails to appear for trial shall be arrested thereafter on the warrant of a judge of the magistrate court and required to post a bond for his future appearance. If the accused demands removal of the case to the state or superior

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court, the magistrate court may require that the accused post a bond for his future appear ance in the state or superior court."
Section 3. This Act shall become effective July 1, 1987, and shall apply to prosecutions commenced on or after said 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 37, nays 7, 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.
The following bill of the Senate was taken up for the purpose of considering the House action thereon:
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.
Senator Langford of the 35th moved that the Senate adhere to the Senate substitute to HB 544, 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 544.
Senator Kennedy of the 4th, President Pro Tempore, who was presiding, appointed as a Conference Committee on the part of the Senate the following:
Senators Langford of the 35th, Newbill of the 56th and Tate of the 38th.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
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 House substitute to SB 230 was as follows:
A BILL To be entitled an Act 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 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; to pro vide that prosecutions of such crimes shall not be abated as the result of such repeal, repeal and reenactment, or amendment unless the General Assembly expressly declares otherwise; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions relative to crimes and offenses, is amended by adding at the end thereof a new Code Section 16-1-11 to read as follows:
"16-1-11. The repeal, repeal and enactment, or amendment of any law of this state which prohibits any act or omission to act and which provides for any criminal penalty therefor, whether misdemeanor, misdemeanor of a high and aggravated nature, or felony, shall not affect or abate the status as a crime of any such act or omission which occurred prior to the effective date of the Act repealing, repealing and reenacting, or amending such law, nor shall the prosecution of such crime be abated as a result of such repeal, repeal and reenactment, or amendment unless the General Assembly expressly declares otherwise in the Act repealing, repealing and reenacting, or amending such 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.
Senator Deal of the 49th moved that the Senate disagree to the House substitute to SB 230.
On the motion, the yeas were 38, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SB 230.
The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:
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.
Senate Sponsor: Senator Barnes of the 33rd.
Senators Garner of the 30th and Barnes of the 33rd offered the following substitute to HB 811:
A BILL
To be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to the regulation of motor vehicles and traffic, so as to authorize the governing authority of a county to waive the additional fee charged for the purchase of license plates or revalidation decals by mail; to exclude from the requirement of obtaining a certificate of title vehicles which are not sold for the purpose of lawful highway use; 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 the regulation of motor vehicles and traffic, is amended by striking Code Section 40-2-28, relating to the purchase of license plates or revalidation decals by mail, and inserting in lieu thereof a new Code Section 40-2-28 to read as follows:
"40-2-28. An applicant may purchase a vehicle license plate or revalidation decal by mail, by mailing a properly completed application form to the tag agent of the county of his residence along with a money order in the amount of the license fee and all ad valorem taxes due thereon plus an additional fee of $1.00. The governing authority of the county may by

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resolution authorize the tag agent of the county to receive application and payment for the purchase of a license plate or revalidation decal by mail without charging the additional $1.00 fee."
Section 2. Said title is further amended by striking from the end of paragraph (14) of Code Section 40-3-4, relating to exclusions from the requirement of obtaining a vehicle cer tificate of title, the word "or", by striking the period at the end of paragraph (15) thereof and inserting in its place "; or", and by adding at the end of said Code section a new para graph, to be designated paragraph (16), to read as follows:
"(16) A vehicle which is not sold for the purpose of lawful highway use."
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 3, 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.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has disagreed to the Senate amendment to the following bill of the House:
HB 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.
The House has disagreed to the Senate substitute to the following bill of the House:
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.
The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:
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.
Senate Sponsor: Senator Harrison of the 37th.

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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 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 Shumake Stumbaugh Tate Tolleson Tysinger Walker

Those not voting were Senators:

Kennedy (presiding) Starr

Timmons

Turner

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

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

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

HB 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.

Senator Kidd of the 25th moved that the Senate adhere to the Senate substitute to HB 185, and that a Conference Committee be appointed.

On the motion, the yeas were 29, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 185.

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 Kidd of the 25th, Walker of the 43rd and Hine of the 52nd.
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.
Senator Stumbaugh of the 55th moved that the Senate adhere to the Senate substitute to HB 508, and that a Conference Committee be appointed.
On the motion, the yeas were 36, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 508.
Senator Kennedy of the 4th, President Pro Tempore, who was presiding, appointed as a Conference Committee on the part of the Senate the following:
Senators Stumbaugh of the 55th, Deal of the 49th and Dawkins of the 45th.
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.
Senator Edge of the 28th moved that the Senate insist upon the Senate substitute to HB 17.
On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 17.
The following communication from His Excellency, Governor Joe Frank Harris, was read by the Secretary:
State of Georgia Office of the Governor
Atlanta 30334
March 4, 1987
Honorable Zell Miller Lieutenant Governor and
President of the Senate 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 appointment for confirmation:
Honorable William Lamar Cousins, M.D., of Cobb County as a member of the Board of

WEDNESDAY, MARCH 4, 1987

1417

Regents of the University System of Georgia, for the term of office beginning March 10, 1987 and ending January 1, 1994.
Sincerely, HI Joe Frank Harris
Serving as doctor of the day today was Dr. Gene Davidson of Rome, 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 12:09 o'clock P.M., Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

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Senate Chamber, Atlanta, Georgia Thursday, March 5, 1987
Thirty-sixth Legislative Day
The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called to order by the President.
Senator 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 889. By Representatives Pannell of the 122nd, Hamilton of the 124th, Triplett of the 128th, Kingston of the 125th and Mueller of the 126th: 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 independent school system of Chatham County and the City of Savannah shall be deemed to be a county school system within the meaning of this Constitution and the general laws of this state.
HB 1015. By Representative Smith of the 78th: A bill to provide a new charter for the City of Barnesville.
HB 1017. 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 which was proposed by H.R. No. 80-249 enacted at the 1961 session of the General Assembly and which was duly ratified at the 1962 general election (Ga. L. 1961, p. 624) and which creates the Turner County Development Authority.
HB 1091. By Representative Barnett of the 10th: A bill to provide for a Forsyth County Board of Registrations and Elections.
HB 1093. By Representatives Powell of the 145th and Royal of the 144th: A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Colquitt County during designated regis tration periods as provided in Code Section 40-2-20.1 of the Official Code of Georgia Annotated.
HB 1094. By Representative Byrd of the 153rd: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the governing bodies of Jeff Davis County and each of the political subdivisions located in Jeff Davis County to exempt from ad valorem taxation, the capital improvements of new industries and businesses.

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HB 1095. By Representative Reaves of the 147th:
A bill to provide that future school superintendents of the Brooks County School District shall be appointed by the board of education rather than elected.
HB 1096. By Representative Reaves of the 147th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing for the merger of the existing independent school system of the City of Quitman and the existing school dis trict of Brooks County lying outside the corporate limits of said city into one school system coextensive with the limits of Brooks County.
HB 1097. By Representative Reaves of the 147th:
A bill to amend an Act creating a new charter for the City of Lake Park, so as to change the provisions relating to and to provide for the corporate limits of said city.
HB 1098. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd and Holcomb of the 72nd:
A bill to amend an Act creating the Clayton County Water Authority, so as to change the compensation of the chairman, secretary, and other members of the authority.
HB 1101. By Representatives Jamieson of the llth, Dover of the llth and McDonald of the 12th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Banks County Industrial Building Authority and providing for powers, authority, funds, purposes, and procedure connected therewith.
HB 1102. By Representatives Barnett of the 59th, Bannister of the 62nd, Goodwin of the 63rd, Mobley of the 64th, Wall of the 61st and others:
A bill to repeal an Act providing for a board of elections in each county of this state having a population of not less than 66,000 and not more than 73,000 ac cording to the 1970 United States decennial census or any future such census (now not less than 158,000 and not more than 168,000 according to the 1980 United States decennial census or any future such census).
HB 1103. By Representative Smith of the 78th:
A bill to amend an Act creating the board of commissioners of Butts County, so as to change certain provisions relating to the election of the five-member board of commissioners and remove certain provisions relating to voting precincts.
HB 1104. By Representative Bray of the 91st:
A bill to amend an Act changing the compensation of the members of the board of commissioners of Talbot County, so as to change the compensation of the members of the board of commissioners.
HB 1105. 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 creating the Catoosa County Develop ment Authority.

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HB 1106. 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 for sewage districts for the County of Catoosa.
HB 1107. 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; to amend the term of office of such membership.
HB 1108. By Representative Ray of the 98th:
A bill to amend an Act establishing the City of Byron, so as to authorize the City of Byron to have and be authorized to exercise all redevelopment and other pow ers authorized or granted municipalities pursuant to the "Redevelopment Powers Law", as now or hereafter amended, and provide for certain such powers.
HB 1109. By Representative Ray of the 98th:
A bill to amend an Act establishing the board of commissioners of Peach County, so as to authorize Peach County to have and be authorized to exercise all rede velopment and other powers authorized or granted counties pursuant to the "Re development Powers Law".
HB 1110. By Representative Ray of the 98th:
A bill to amend an Act creating a new charter for the City of Fort Valley, so as to authorize Fort Valley to have and be authorized to exercise all redevelopment and other powers authorized or granted municipalities pursuant to the "Redevel opment Powers Law".
HB 1111. By Representatives Walker of the 115th, Waddle of the 113th and Watson of the 114th:
A bill to amend an Act making provisions for the Magistrate Court of Houston County, so as to provide for the collection of additional costs in cases before the Magistrate Court of Houston County as law library fees.
HB 1112. By Representatives Walker of the 115th, Waddle of the 113th and Watson of the 114th:
A bill to amend an Act creating and establishing the State Court of Houston County, so as to change the provisions relating to costs in civil cases in said court.
HB 1113. By Representatives Dover of the llth and Jamieson of the llth:
A bill to amend an Act creating a board of commissioners of White County, so as to recreate the board of commissioners of White County to consist of a chairman and two other members.
HB 1118. 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 provide for expenses of the solicitor in collecting fines and forfeitures.

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HB 1120. By Representatives Smith of the 152nd, Moody of the 153rd and Byrd 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 Brantley County Develop ment Authority.
HB 1121. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd and Holcomb of the 72nd:
A bill to provide for the creation of one or more community improvement dis tricts in Clayton County and in each municipality therein.
HB 1122. By Representatives Bailey of the 72nd, Benefield of the 72nd, Johnson of the 72nd, Holcomb of the 72nd and Lee of the 72nd:
A bill to create the Clayton County Tourism Authority.
HB 1092. 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 granting a $2,000.00 homestead exemp tion from municipal ad valorem taxes to each resident of the Town of Auburn.
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.
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 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 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 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

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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 House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate:
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.
The House has agreed to the Senate substitutes to the following bills of the House:
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 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 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.
The House has agreed to the Senate amendments to the following bills 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.
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.
The House has passed by the requisite constitutional majority the following bills of the House and Senate:
HB 961. By Representatives Walker of the 85th and Padgett of the 86th:
A bill to amend an Act establishing the compensation of certain officials in Rich mond County, so as to change the compensation of certain officials.

THURSDAY, MARCH 5, 1987

1423

HB 1090. By Representative Barnett of the 10th:
A bill to amend an Act creating a new charter for the City of Gumming, so as to provide water service area boundaries for the city.
HB 1099. By Representative Bannister of the 62nd:
A bill to amend an Act authorizing Gwinnett County and the governing authority thereof to appoint a Merit System Board, so as to provide that constitutional county officers shall have the authority under certain conditions to select, em ploy, and discharge certain personnel.
HB 1100. 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 granting a $2,000.00 homestead exemp tion from municipal ad valorem taxes to each resident of the City of Sugar Hill who is disabled or 62 years of age or older and has specified income not exceed ing $5,000.00 per year.
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.
The House has adopted by the requisite constitutional majority the following resolu tions of the Senate:
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.
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.
The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate:
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.

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JOURNAL OF THE SENATE

The House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate:
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.
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 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.
The House has adopted, as amended, by the requisite constitutional majority the fol lowing resolution of the Senate:
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.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
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.
The House has adopted by the requisite constitutional majority the following resolution of the House:
HR 402. By Representative Murphy of the 18th:
A resolution relative to adjournment.
The House insists on its position in disagreeing to the Senate substitute, and has ap-

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pointed a Committee of Conference on the part of the House to confer with a like commit tee on the part of the Senate on the following bill of the House:
HB 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.
The Speaker has appointed on the part of the House, Representatives Thomas of the 69th, Waldrep of the 80th and Porter of the 119th.
The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate:
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 House has agreed to the Senate substitutes to the following bills of the House:
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 acknowledgement of

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 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 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.

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JOURNAL OF THE SENATE

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.
The House has agreed to the Senate amendment to the following bill of the House:
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.
The following resolutions of the Senate were introduced, read the first time and re ferred to committee:
SR 199. By Senators Howard of the 42nd and Kidd of the 25th: A resolution urging the Governor to fill at least one position on the Board of Human Resources by a person who has a physical disability.
Referred to Committee on Rules.
SR 200. By Senators Coleman of the 1st, Huggins of the 53rd and Bryant of the 3rd: A resolution creating the Senate Transportation Study Committee.
Referred to Committee on Rules.
The following bills of the House were read the first time and referred to committee:
HB 889. By Representatives Pannell of the 122nd, Hamilton of the 124th, Triplett of the 128th and others: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing that the independent school system of Chatham County and the City of Savannah shall be deemed to be a county school system within the meaning of this Constitution and the general laws of this state.
Referred to Committee on Urban and County Affairs.
HB 961. By Representatives Walker of the 85th and Padgett of the 86th: A bill to amend an Act establishing the compensation of certain officials in Rich mond County, so as to change the compensation of certain officials.
Referred to Committee on Urban and County Affairs.
HB 1015. By Representative Smith of the 78th: A bill to provide a new charter for the City of Barnesville.
Referred to Committee on Urban and County Affairs.
HB 1017. 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 which was proposed by H.R. No. 80-249 enacted at the 1961 session of the General Assembly and which was duly ratified

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at the 1962 general election (Ga. L. 1961, p. 624) and which creates the Turner County Development Authority. Referred to Committee on Urban and County Affairs.
HB 1090. By Representative Barnett of the 10th: A bill to amend an Act creating a new charter for the City of Cumming, so as to provide water service area boundaries for the city.
Referred to Committee on Urban and County Affairs.
HB 1091. By Representative Barnett of the 10th: A bill to provide for a Forsyth County Board of Registrations and Elections.
Referred to Committee on Urban and County Affairs.
HB 1092. 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 granting a $2,000.00 homestead exemp tion from municipal ad valorem taxes to each resident of the Town of Auburn.
Referred to Committee on Urban and County Affairs.
HB 1093. By Representatives Powell of the 145th and Royal of the 144th: A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Colquitt 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 1094. By Representative Byrd of the 153rd: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the governing bodies of Jeff Davis County and each of the political subdivisions located in Jeff Davis County to exempt from ad valorem taxation, the capital improvements of new industries and businesses.
Referred to Committee on Urban and County Affairs.
HB 1095. By Representative Reaves of the 147th: A bill to provide that future school superintendents of the Brooks County School District shall be appointed by the board of education rather than elected.
Referred to Committee on Urban and County Affairs.
HB 1096. By Representative Reaves of the 147th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing for the merger of the existing independent school system of the City of Quitman and the existing school dis trict of Brooks County lying outside the corporate limits of said city into one school system coextensive with the limits of Brooks County.
Referred to Committee on Urban and County Affairs.
HB 1097. By Representative Reaves of the 147th: A bill to amend an Act creating a new charter for the City of Lake Park, so as to change the provisions relating to and to provide for the corporate limits of said city.
Referred to Committee on Urban and County Affairs.

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JOURNAL OF THE SENATE

HB 1098. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd and others:
A bill to amend an Act creating the Clayton County Water Authority, so as to change the compensation of the chairman, secretary, and other members of the authority. Referred to Committee on Urban and County Affairs.
HB 1099. By Representative Bannister of the 62nd:
A bill to amend an Act authorizing Gwinnett County and the governing authority thereof to appoint a Merit System Board, so as to provide that constitutional county officers shall have the authority under certain conditions to select, em ploy, and discharge certain personnel. Referred to Committee on Urban and County Affairs.
HB 1100. 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 granting a $2,000.00 homestead exemp tion from municipal ad valorem taxes to each resident of the City of Sugar Hill who is disabled or 62 years of age or older and has specified income not exceed ing $5,000.00 per year. Referred to Committee on Urban and County Affairs.
HB 1101. By Representatives Jamieson of the llth, Dover of the llth and McDonald of the 12th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Banks County Industrial Building Authority and providing for powers, authority, funds, purposes, and procedure connected therewith. Referred to Committee on Urban and County Affairs.
HB 1103. By Representative Smith of the 78th:
A bill to amend an Act creating the board of commissioners of Butts County, so as to change certain provisions relating to the election of the five-member board of commissioners and remove certain provisions relating to voting precincts. Referred to Committee on Urban and County Affairs.
HB 1104. By Representative Bray of the 91st:
A bill to amend an Act changing the compensation of the members of the board of commissioners of Talbot County, so as to change the compensation of the members of the board of commissioners. Referred to Committee on Urban and County Affairs.
HB 1105. 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 creating the Catoosa County Develop ment Authority. Referred to Committee on Urban and County Affairs.

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HB 1106. 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 for sewage districts for the County of Catoosa.
Referred to Committee on Urban and County Affairs.
HB 1107. 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; to amend the term of office of such membership.
Referred to Committee on Urban and County Affairs.
HB 1108. By Representative Ray of the 98th: A bill to amend an Act establishing the City of Byron, so as to authorize the City of Byron to have and be authorized to exercise all redevelopment and other pow ers authorized or granted municipalities pursuant to the "Redevelopment Powers Law", as now or hereafter amended, and provide for certain such powers.
Referred to Committee on Urban and County Affairs.
HB 1109. By Representative Ray of the 98th: A bill to amend an Act establishing the board of commissioners of Peach County, so as to authorize Peach County to have and be authorized to exercise all rede velopment and other powers authorized or granted counties pursuant to the "Re development Powers Law".
Referred to Committee on Urban and County Affairs.
HB 1110. By Representative Ray of the 98th: A bill to amend an Act creating a new charter for the City of Fort Valley, so as to authorize Fort Valley to have and be authorized to exercise all redevelopment and other powers authorized or granted municipalities pursuant to the "Redevel opment Powers Law".
Referred to Committee on Urban and County Affairs.
HB 1111. By Representatives Walker of the 115th, Waddle of the 113th and Watson of the 114th:
A bill to amend an Act making provisions for the Magistrate Court of Houston County, so as to provide for the collection of additional costs in cases before the Magistrate Court of Houston County as law library fees. Referred to Committee on Urban and County Affairs.
HB 1112. By Representatives Walker of the 115th, Waddle of the 113th and Watson of the 114th:
A bill to amend an Act creating and establishing the State Court of Houston County, so as to change the provisions relating to costs in civil cases in said court. Referred to Committee on Urban and County Affairs.
HB 1113. By Representatives Dover of the llth and Jamieson of the llth: A bill to amend an Act creating a board of commissioners of White County, so as to recreate the board of commissioners of White County to consist of a chairman and two other members.
Referred to Committee on Urban and County Affairs.

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JOURNAL OF THE SENATE

HB 1118. 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 provide for expenses of the solicitor in collecting fines and forfeitures.
Referred to Committee on Urban and County Affairs.

HB 1120. By Representatives Smith of the 152nd, Moody of the 153rd and Byrd 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 Brantley County Develop ment Authority.
Referred to Committee on Urban and County Affairs.

HB 1121. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd and others:
A bill to provide for the creation of one or more community improvement dis tricts in Clayton County and in each municipality therein.
Referred to Committee on Urban and County Affairs.

HB 1122. By Representatives Bailey of the 72nd, Benefield of the 72nd, Johnson of the 72nd and others:
A bill to create the Clayton County Tourism 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 Agriculture 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 303. Do pass.
Respectfully submitted,
Senator McGill of the 24th District, Chairman

Mr. President:

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

SR 185. Do pass,

HB 742. Do pass.

HB 189. Do pass.

HB 913. Do pass.

HB 624. Do pass.

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:

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1431

HB 815. Do pass.

Respectfully submitted, Senator Fincher of the 54th District, Chairman

Mr. President:

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

HB 48. HB 155. HB 585. HB 614. HB 657.

Do not pass. Do pass. Do pass. Do pass by substitute. Do pass.

HB 729. HB 795. HB 843. HB 917. HB 974.

Do pass. Do pass. Do pass. Do pass. 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 House and has instructed me to report the same back to the Senate with the following recommendations:
HB 172. Do pass. HB 686. Do pass. HB 916. Do pass.
Respectfully submitted,
Senator Bowen of the 13th District, Chairman

Mr. President:

The Committee on Public Safety has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 35. Do pass by substitute. HB 741. Do pass by substitute.
Respectfully submitted,
Senator Bowen of the 13th District, Chairman

Mr. President:

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

HB 540. Do pass.

HR 252. Do pass by substitute.

HR 125. Do pass by substitute.

HR 275. Do pass by substitute.

HR 250. Do pass by substitute.

HR 280. Do pass.

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JOURNAL OF THE SENATE

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 196. Do pass as amended.

HR 310. Do pass as amended.

HR 10. Do pass as amended.

HR 349. Do pass.

HR 109. 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 197. 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 170. 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 389. Do pass.

HB 985. Do pass.

SB 391. Do pass.

HB 986. Do pass.

HB 237. Do pass.

HB 987. Do pass.

HB 332. Do pass.

HB 988. Do pass.

HB 333. Do pass.

HB 989. Do pass.

HB 709. Do pass.

HB 996. Do pass.

HB 754. Do pass.

HB 997. Do pass.

HB 879. Do pass.

HB 1027. Do pass.

HB 931. Do pass.

HB 1028. Do pass.

HB 943. Do pass.

HB 1038. Do pass.

THURSDAY, MARCH 5, 1987

1433

HB 1039. Do pass. HB 1040. Do pass.

HB 1063. Do pass.
Respectfully submitted, Senator Turner of the 8th District, Chairman

The following bills and resolutions of the Senate and House were read the second time:
SR 184. By Senators Barnes of the 33rd, McKenzie of the 14th and Ray of the 19th:
A resolution creating the Special Study Committee on the Problems of the Homeless in Georgia.
SR 186. By Senators Hudgins of the 15th, Barker of the 18th, Newbill of the 56th and others:
A resolution creating the Senate Children's Code Study Committee.
HB 263. By Representative Watson of the 114th:
A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to require a franchisor to honor the transfer of a dealership by or through sale, a gift, a will, or the laws of de scent and distribution, provided that the purchaser or successor meets the usual and customary conditions and requirements of a dealer as prescribed in writing by the franchisor.
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.
HB 311. By Representative Ramsey of the 3rd:
A bill to amend Code Section 25-2-13 of the Official Code of Georgia Annotated, relating to buildings presenting special hazards to persons or property and re quirements as to construction and maintenance of such buildings, so as to require certain buildings with sleeping accommodations which were constructed prior to 1976 to have a smoke or products of combustion detector in each room having sleeping accommodations unless the state fire marshal or proper local fire mar shal waives such requirement.
HB 422. By Representatives Johnson of the 123rd, Triplett of the 128th, Hamilton of the 124th and others:
A bill to amend Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to authorization and general requirements for the transaction of insur ance, so as to change the provisions relating to simplification of language and reading ease standards for policies, certificates, and coverage booklets; to provide for standards for all insurance policies, certificates, and coverage booklets issued, delivered, or issued for delivery in this state on or after January 1, 1988.
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.

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JOURNAL OF THE SENATE

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.
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.
HB 461. By Representatives Kilgore of the 42nd and Harris of the 84th:
A bill to amend Code Section 48-5-183 of the Official Code of Georgia Annotated, relating to the minimum salaries of tax collectors and tax commissioners, so as to change the minimum salaries of tax collectors and tax commissioners.
HB 463. By Representative Lawler of the 20th:
A bill to amend Code Section 12-12-10 of the Official Code of Georgia Annotated, relating to license requirements under the "Georgia Asbestos Safety Act", so as to exempt certain persons licensed under Title 43 of this Code from the license requirements and other provisions of the "Georgia Asbestos Safety Act".
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.
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.
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.
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

THURSDAY, MARCH 5, 1987

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certain members of boards, commissions, agencies, and similar bodies which re ceive state funds therefor.
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.
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 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 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.
HB 840. By Representative Workman of the 51st:
A bill to amend Part 6 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to elevators, dumbwaiters, escalators, manlifts, and moving walks, so as to provide for standards of inspection; to provide that in spections shall cover hoistways, associated equipment rooms, and access thereto, and shall include lobby smoke detectors.
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 1010. By Representatives Jackson of the 83rd, Watts of the 41st, Barnett of the 10th and others:
A bill to amend Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to licenses, permits, and stamps concerning game and fish generally, so as to change the criteria for issuing such permits.
SR 185. By Senators Hudgins of the 15th, Barker of the 18th, Albert of the 23rd and Scott of the 2nd:
A resolution commending the police chiefs, sheriffs, and other heads of law en forcement agencies of Georgia who have appointed juvenile law enforcement officers.

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JOURNAL OF THE SENATE

SR 196. By Senator Dawkins of the 45th:
A resolution creating the Senate Workers' Compensation Rehabilitation Study Committee.
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 170. By Representatives Cox of the 141st, Long of the 142nd, Reaves of the 147th, Patten of the 149th, Bostick of the 138th and others:
A bill to amend Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to dimensions and weights of vehicles and loads, so as to change certain length limitations for vehicles; to change certain length limita tions for vehicles operating with special permits.
HB 172. By Representatives Lawler of the 20th, Cooper of the 20th, Thompson of the 20th and Wilson of the 20th:
A bill to amend Chapter 1 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions relative to motor vehicles and traffic, so as to pro hibit the attachment of stickers, decals, or similar devices containing profane words or describing sexual acts or excretory functions.
HB 189. By Representatives Thompson of the 20th, Bailey of the 72nd, Thomas of the 69th, Chambless of the 133rd, Waldrep of the 80th and others:
A bill to amend Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to change the penalties for certain sexual offenses; to provide for minimum mandatory sentencing of persons convicted of certain sexual offenses against minors.
HB 303. By Representative Reaves of the 147th:
A bill to amend Code Section 2-3-5 of the Official Code of Georgia Annotated, relating to the composition of the Georgia Agrirama Development Authority, so as to provide that members of the authority shall be entitled to be reimbursed for actual expenses, including travel and any other expenses, incurred while in the performance of their duties.
HB 540. By Representatives Smyre of the 92nd, Benefield of the 72nd and Lawson of the 9th:
A bill to amend Code Section 46-10-9 of the Official Code of Georgia Annotated, relating to the date on which the laws relating to the consumers' utility counsel shall be repealed, so as to change the date on which the laws relating to the consumers' utility counsel shall be repealed.
HB 585. By Representative Randall of the 101st:
A bill to amend Code Section 15-10-27 of the Official Code of Georgia Annotated, relating to continuation of certain county civil court officials as magistrate court officials, so as to provide that a civil court judge who appoints an attorney or another trial judge to act as judge pro tempore of the civil court may provide that the attorney or judge so appointed shall also serve as magistrate pro tempore for the magistrate court.

THURSDAY, MARCH 5, 1987

1437

HB 614. By Representatives Groover of the 99th, Chambless of the 133rd, Robinson of the 96th and Thomas of the 69th:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to create the offices of Senior Appellate Court Justice and Senior Appellate Court Judge.
HB 624. By Representatives Randall of the 101st and Martin of the 26th:
A bill to amend Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, so as to make certain editorial changes; to remove the limita tion on the amounts of funds for which the judge of the probate court may be custodian; to make such custodianship discretionary; to provide that guardian ships may be established in certain cases; to provide for increases in the amount of bond of the judge.
HB 657. By Representatives Pannell of the 122nd and Robinson of the 96th:
A bill to amend Article 6 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to trials under the "Georgia Civil Practice Act", so as to pro vide under what conditions findings of fact and conclusions of law must accom pany the judgment of a court of record.
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 729. By Representative Bray of the 91st:
A bill to amend Code Section 53-5-20 of the Official Code of Georgia Annotated, relating to conveyance or encumbrance by a surviving spouse of certain property set apart under year's support, so as to provide that such conveyance or encum brance shall be approved by the judge of the probate court of the county in which the year's support award was made.
HB 742. By Representatives Hanner of the 131st and Chambless of the 133rd: A bill to amend Article 3 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to records checks of employees of day-care centers, so as to change definitions.
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.
HB 815. By Representatives Adams of the 79th and Buck of the 95th:
A bill to amend Code Section 20-3-102 of the Official Code of Georgia Annotated, relating to exemptions from the "Postsecondary Educational Authorization Act of 1978", so as to change the provisions relating to the exemption for fully ac credited liberal arts colleges and universities.
HB 843. By Representative Groover of the 99th:
A bill to amend Code Section 50-16-17 of the Official Code of Georgia Annotated, relating to the authorizing of units or instrumentalities of government to act as

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parties in courts in cases pertaining to property, so as to clarify that such cases pertain to real property.
HB 913. By Representatives Thompson of the 20th and Walker of the 115th: A bill to amend Chapter 1 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions affecting domestic relations, so as to provide for a child abuse protocol among county agencies and offices.
HB 916. By Representatives Murphy of the 18th, Walker of the 115th, Lee of the 72nd and others: A bill to amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, so as to provide a short title; to provide a definition; to provide that it shall be unlawful to teach, train, or demonstrate to another person the use, application, or making of any illegal firearm, dangerous weapon, explosive, or incendiary device.
HB 917. By Representatives Childs of the 53rd, Richardson of the 52nd, Steinberg of the 46th and others: A bill to amend an Act providing a supplement to the compensation, expenses, and allowances of the judges of the superior court of the Stone Mountain Judicial Circuit, so as to change the amount of such supplement.
HB 974. By Representatives Jackson of the 83rd and Harris of the 84th: A bill providing for a supplement to the compensation, expenses, and allowances of the judges of the Superior Court of the Augusta Judicial Circuit, so as to change the provisions relating to such supplement.
HR 10. By Representative Richardson of the 52nd: A resolution creating the Joint Study Committee on Community Services for the Mentally Disabled.
HR 109. By Representatives Redding of the 50th, Robinson of the 58th, Richardson of the 52nd and others: A resolution creating the DeKalb County Government Study Commission.
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.
HR 250. By Representative Hanner of the 131st: A resolution transferring the ownership of a certain structure owned by the Geor gia Forestry Commission to the Calhoun County Board of Commissioners.
HR 252. By Representatives Dover of the llth and Jamieson of the llth: A resolution authorizing the conveyance of certain state owned property located in Habersham County, Georgia, to the Habersham County Board of Commissioners.
HR 275. By Representative Moody of the 153rd: A resolution authorizing the conveyance of certain state owned property located in Brantley County, Georgia, to the Johns Timber Company.

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1439

HR 280. By Representative Walker of the 115th:
A resolution authorizing the conveyance of certain state owned property to the City of Perry.

HR 310. By Representatives Aiken of the 21st, Atkins of the 21st and Wilder of the 21st:
A resolution creating the Cobb County Court Consolidation Plan Study Committee.

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 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 741. By Representatives Coleman of the 118th, Hanner of the 131st, Ramsey of the 3rd and Jackson of the 83rd:
A bill to amend Part 1 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, known as the "Jekyll Island-State Park Authority Act", so as to provide that prosecutions for violations of ordinances of the Jekyll IslandState Park Authority shall be upon citation or upon accusation.

HR 349. By Representative Murphy of the 18th:
A resolution recognizing and commending Georgia recipients of the Medal of Honor.

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 Coverdell Crumbley Deal Dean Edge English

Fincher Foster Garner Gillis Harris Harrison Hine 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 answering were Senators:

Brown of 47th Coleman Dawkins

Echols Engram

Howard Timmons

Senator Tate of the 38th introduced the chaplain of the day, Reverend A. W. Motley, pastor of Lindsay Street Baptist Church, Atlanta, Georgia, who offered scripture reading and prayer.
The following resolutions of the Senate were read and adopted:
SR 197. By Senators Shumake of the 39th, Tate of the 38th, Langford of the 35th and Scott of the 36th: A resolution commending Mr. E. L. Abercrombie.
SR 198. By Senators Coverdell of the 40th, Edge of the 28th and Langford of the 35th: A resolution commending Atlanta University.
SR 201. By Senator Broun of the 46th: A resolution expressing regret at the passing of Mr. Herman C. Michael.
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, March 5, 1987 THIRTY-SIXTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 389 Foster, 50th Towns County Amends Act creating office of commissioner of county as governing authority; changes compensation of commissioner.
SB 391 Garner, 30th Engram, 34th City of Douglasville Douglas County Amends Act known as "Douglasville-Douglas County Water and Sewer Au thority Act"; provides for appointment of new members to authority upon completion of terms of existing members and manner in which new members shall be appointed; provides for terms of office of each member.
HB 237 Engram, 34th Langford, 35th Scott, 36th Tate, 38th Shumake, 39th Coverdell, 40th Newbill, 56th

THURSDAY, MARCH 5, 1987

1441

Fulton County Tysinger, 41st Howard, 42nd Stumbaugh, 55th Burton, 5th Walker, 43rd DeKalb County Hine, 52nd Floyd County
Continues amendment authorizing Board of Education of Fulton County, Floyd County, and DeKalb County to make temporary loans limited in the aggregate amount of said loans outstanding at any one time and providing for the method of making such loans and payment.
HB 332 Barnes, 33rd City of Powder Springs Cobb County
Continues amendment creating Powder Springs Downtown Development Au thority.
HB 333 Barnes, 33rd City of Powder Springs Cobb County
Provides for change in membership of Powder Springs Downtown Develop ment Authority.
HB 709 Perry, 7th Ware County
Amends Act creating State Court of county; changes compensation of judge and solicitor of court.
HB 754 English, 21st Burke County
Amends Act providing for salary supplement to be paid from funds of county to Superior Court judges of Augusta Judicial Circuit; changes amount of such supplement.
HB 879 Coleman, 1st Scott, 2nd Bryant, 3rd City of Savannah Chatham County
Continues amendment which relates to consolidation of boards of tax asses sors of county and city and to appointment of a chief tax assessor to perform the duties of tax receiving in county.
HB 931 Langford, 35th City of Hapeville Fulton County
Continues amendment creating Hapeville Development Authority.
HB 943 Coleman, 1st Scott, 2nd Bryant, 3rd

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City of Savannah Chatham County
Continues amendment authorizing an increase in retirement benefits of per sons retired under the retirement system of Board of Public Education for city.
HB 976 Foster, 50th Habersham County
Amends Act creating and establishing State Court of County (formerly City Court of county); changes provisions relating to terms of said court.
HB 977 Foster, 50th Habersham County
Amends Act creating and establishing State Court of county (formerly City Court of county); changes compensation of judge and solicitor of said court.
HB 978 Foster, 50th Habersham County
Amends Act creating and establishing State Court of county (formerly the City Court of county); provides additional reasons for which solicitors pro tempore may be appointed by the judge of said court.
HB 985 Gillis, 20th City of Dudley Laurens County
Continues amendment authorizing Town of Dudley to levy a tax not to ex ceed one mill for the purpose of creating a fund to be used in promoting the location of any industries in Town of Dudley.
HB 986 Gillis, 20th City of Dublin Laurens County
Continues amendment authorizing General Assembly to provide by law for establishment of a Downtown Dublin Development Authority.
HB 987 Gillis, 20th Laurens County
Continues amendment providing that members of Board of Education of county shall be elected by people.
HB 988 Gillis, 20th Laurens County
Continues amendment authorizing governing authority of county to issue general obligation bonds for purpose of establishing educational facilities be yond the twelfth grade and to levy taxes for payment of bonds issued.
HB 989 Gillis, 20th City of Dublin Laurens County
Continues amendment creating City of Dublin and County of Laurens Devel opment Authority.

THURSDAY, MARCH 5, 1987

1443

HB 996 Echols, 6th City of Saint Mary's Camden County
Provides that county school superintendent of county shall be appointed by vote of the Board of Education to serve at pleasure of board.

HB 997 Echols, 6th Camden County
Provides that county school superintendent of county shall be appointed by vote of Board of Education to serve at pleasure of board.

HB 1027 Coleman, 1st Scott, 2nd Chatham County
Provides for a chief judge of Recorder's Court of county.

HB 1028 Perry, 7th City of Waycross Ware County
Amends Act establishing system of public schools for city; provides for elec tion of members of Board of Education of city.

HB 1038 Perry, 7th Clinch County
Continues amendment creating Clinch County Development Authority.

HB 1039 Perry, 7th Clinch County
Continues amendment providing for election of members of Board of Educa tion of county and for appointment of county school superintendent of county by Board of Education of county.

HB 1040 Perry, 7th Clinch County
Provides for collection of an additional fee for benefit of Clinch County Law Library on each case filed in Magistrate Court of county.

HB 1063 12th Dougherty County
Amends Act creating Dougherty County School System; provides for election of Dougherty County Board of Education.

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 Brown of 47th Bryant Burton Coleman Crumbley

Dean Echols Edge English Engram Pincher

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Foster Garner Gillis
Hudgins Muggins Kennedy Kidd

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:

Broun of 46th Coverdell Dawkins

Deal Howard Land

Langford McKenzie Tate

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
Thursday, March 5, 1987
THIRTY-SIXTH LEGISLATIVE DAY
HB 623 Probate Court Judge--chief clerk sign orders in uncontested matters (SUBSTI TUTE) (GOV OP--25th)
HB 583 Board of Polygraph Examiners--continue and later terminate (S JUDY--48th)
HB 515 Therapeutic Recreation Specialist--change provisions on definition (C AFF--35th)
HB 698 Tax Officials--contracts for lock box system on behalf of local governments (U&CA G--36th)
HB 226 Appropriations--fiscal year 1987-1988 (SUBSTITUTE) (APPROP--44th)
HB 787 Coroner in County of Certain Population--repeal Act on salary (U&CA G--31st)
HB 255 Hospital Health Care Information--annual reports to Health Planning Agency (HUM R--42nd)
HB 290 Traffic Offense by Those Under Seventeen (17) Years of Age--juvenile court ju risdiction (SUBSTITUTE) (C&Y--15th)
HB 953 Development Authorities--disposal of property for fair market value (U&CA G--14th)
HB 133 Death in Hospital of State--release of records to coroner in another state (HUM R--21st)
HB 559 Tax Executions--administration fee for county expenses (U&CA G--8th)
HB 365 Possession of Firearm During Crime--must be in possession of person commit ting (SUBSTITUTE) (JUDY--26th)
HB 497 County Administrators--residency requirements those in State Bar (S JUDY--33rd)
HB 31 Uniform Partnership Act--partnership may sue or be sued (JUDY--49th)
HB 267 Postsecondary Vocational-Technical Schools--provide boards of directors (ED--33rd)

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1445

HB 663 Certain Securities Laws--applicability to criminal, civil proceedings (JUDY--52nd)
HB 713 Property Liens--Superfund Amendments, Reauthorization Act of 1986 (I&L--15th)
HB 224 Relief from Judgments--provisions on motions to set aside judgments (S JUDY--28th)
HB 193 Employees Health Insurance--exclude certain Jekyll Island-State Park Author ity employees (INS--14th)
HB 222 Trademark Application--change filing fee (S JUDY--48th)
HB 652 Maximum Speed Limits--increase to 65 certain highways (SUBSTITUTES) (TRANS--1st)
(Pursuant to SENATE Rule 143, passage of the bill was suspended.)
HB 289 Alcoholic Beverage Possession by Those Under Twenty-One (21)--city court try first offense (SUBSTITUTES) (AMENDMENTS) (C AFF--29th)
(Pursuant to SENATE Rule 143, final passage of the bill was suspended.)
HB 76 Magistrate Courts -- jurisdiction over certain offenses involving bad checks (SUBSTITUTE) (S JUDY--43rd)
(Pursuant to SENATE Rule 143, final passage of the bill was suspended.)
HB 811 Motor Vehicle Tags by Mail--additional fee (SUBSTITUTE) (TRANS--33rd)
(Pursuant to SENATE Rule 143, final passage of the bill was suspended.)
HB 613 Benefits Paid by Vehicle Insurance--reduce benefits paid by State group plan (INS--25th)
Respectfully submitted,
/s/ Dean of the 31st, Chairman Senate Rules Committee
The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:
HB 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.
Senate Sponsor: Senator Kidd of the 25th.
The Senate Committee on Governmental Operations offered the following substitute to HB 623:
A BILL
To be entitled an Act 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 exercise all the jurisdiction of the judge of the probate court 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

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five years; to provide for applicability only in counties having 150,000 or more persons; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. 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, is amended by adding at the end thereof a new subsection, to be designated as sub section (c), to read as follows:
"(c) (1) In addition to other powers granted to appointed clerks, the chief clerk of the probate judge or, if there is no chief clerk, a clerk designated by the judge, may exercise all the jurisdiction of the judge of the probate court concerning uncontested matters in the probate court. Such clerk may exercise such power regardless of whether the judge of the probate court is present.
(2) The powers granted by paragraph (1) of this subsection shall be exercised only by a chief clerk or designated clerk who has been a member of the State Bar of Georgia for at least three years or has been a clerk in the probate court for at least five years.
(3) This subsection shall apply to each county of this state having a population of 150,000 or more persons according to the United States decennial census of 1980 or any future such census."
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 Brannon Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell Crumbley Dawkins Dean Echols

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

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

Those not voting were Senators:

Bowen Deal Howard

Land McKenzie

Perry Timmons

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

THURSDAY, MARCH 5, 1987

1447

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

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.
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 BarkM Brannon
Brnt Burton Coleman Crumbley Dawkins Dean Echols Edge English

Engram Fincher Foster
Garner
Gillis Harris Harrison " inf. Hudgms Huggms Kennedy Kidd Langford McGill McKenzie

Newbill Olmstead Peevy
Phillips
Ragan Ray Scott f 36th Shumake Starr Stumbaugh Tate Tolleson Turner Tysinger Walker

Those not voting were Senators:

Barnes Bowen Coverdell

Deal Howard Land

Perry 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.

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.
Senate Sponsor: Senator Langford of the 35th.

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

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

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JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Brown of 47th Bryant Burton Coleman Coverdell Crumbley Dawkins Dean Echols Edge

English Engram Fincher Foster Garner Gillis Harris Hine
Hudgins Huggins Kennedy Kidd 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:

Broun of 46th Deal

Harrison Howard

Land

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

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

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.
Senate Sponsor: Senator Scott of the 36th.

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

On the passage of the 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 Dean

Echols Edge English Engram Fincher Foster Garner Gillis Harris Harrison Hine Huggins Kennedy

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

THURSDAY, MARCH 5, 1987

1449

Starr Tate

Tolleson Turner

Tysinger Walker

Those not voting were Senators:

Bowen Bryant Dawkins Deal

Howard Hudgins Land

Shumake Stumbaugh Timmons

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

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

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

Mr. President:

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

HR 377. By Representative Ramsey of the 3rd: A resolution commending Morris L. McDonald.

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

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

HB 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.
Senate Sponsor: Senator Starr of the 44th.

The Senate Committee on Appropriations offered the following substitute to HB 226:

A BILL
To be entitled an Act to make and provide appropriations for the State Fiscal Year beginning July 1, 1987, and ending June 30, 1988; to make and provide such appropriations for the operation of the State government, its departments, boards, bureaus, commissions, institutions, and other agencies, and for the university system, common schools, counties, municipalities, political subdivisions and for all other governmental activities, projects and undertakings authorized by law, and for all leases, contracts, agreements, and grants author ized by law; to provide for the control and administration of funds; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 1987, and ending June 30, 1988, as prescribed hereinafter for such fiscal year, from funds from the Federal Government and the General Funds of the State, includ ing unappropriated surplus and a revenue estimate of $5,772,000,000 for State Fiscal Year 1988.

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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 ..........................

$20,118,771 . $8,997,701
$3,466,407 $1,363,890 . $118,800
$6,000 ........ $0
$468,150 . $437,000
$428,000 . $62,300 $643,000 $224,599 . $2,557,424 . $141,700 ... $71,000 . $1,132,800 ........ $0 $8,061,838 $20,118,771

Senate Functional Budgets

Senate and Research Office Lt. Governor's Office Secretary of the
Senate's Office Total

Total Funds

$ 3,800,499

$

471,453

$ 1,013,909 $ 5,285,861

State Funds 3,800,499 471,453
1,013,909 5,285,861

House Functional Budgets

House of Representatives and Research Office
Speaker of the House's Office
Clerk of the House's Office
Total

Total Funds

8,061,838

Joint Functional Budgets

304,598 1,031,913 9,398,349

State Funds

$ 8,061,838

$

304,598

$ 1,031,913

$ 9,398,349

Total Funds

State Funds

Legislative Counsel's Office

1,944,876

1,944,876

Legislative Fiscal Office

1,481,969

1,481,969

Legislative Budget Office

809,747

809,747

Ancillary Activities

1,197,969

1,197,969

Total

5,434,561

5,434,561

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

THURSDAY, MARCH 5, 1987

1451

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 Office of Legislative Budget Ana lyst and for the Legislative Fiscal Office; for compiling, publishing and distributing the Acts of the General Assembly and the Journals of the Senate and the House of Representatives; for Code Revision; for the annual report of the State Auditor to the General Assembly; for equipment, supplies, furnishings, repairs, printing, services and other expenses of the Legis lative Branch of Government; and for payments to Presidential Electors. 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 Government, and the payment and receipt of such allowances shall not be in violation of any law.
The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Com mittee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs which are paid for from funds appropriated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid for from other appropriations.

Section 2. Department of Audits

Budget Unit: Department of Audits

$11,609,000

Operations Budget:

Personal Services................................................. $9,772,085

Regular Operating Expenses

$332,100

Travel ............................................................ $660,000

Motor Vehicle Purchases............................................ $121,446

Publications and Printing

$28,700

Equipment Purchases

$53,500

Per Diem, Fees and Contracts ........................................ $81,000

Real Estate Rentals ................................................ $360,300

Computer Charges ................................................. $164,000

Telecommunications ................................................. $35,869

Total Funds Budgeted

$11,609,000

State Funds Budgeted ........................................... $11,609,000

PART II.

JUDICIAL BRANCH

Section 3. Supreme Court. Budget Unit: Supreme Court

$3,531,000

Section 4. Court of Appeals. Budget Unit: Court of Appeals

$3,940,018

Section 5. Superior Courts. Budget Unit: Superior Courts ...................................... $32,487,308

1452

JOURNAL OF THE SENATE

Operation of the Courts ......................................... $30,908,375 Prosecuting Attorneys' Council ...................................... $657,843 Sentence Review Panel ............................................. $115,820 Council of Superior Court Judges ..................................... $69,980 Judicial Administrative Districts ..................................... $720,290 Habeas Corpus Clerk ................................................ $15,000

Section 6. Juvenile Courts. Budget Unit: Juvenile Courts ......................................... $273,575

Section 7. Institute of Continuing Judicial Education. Budget Unit: Institute of Continuing Judicial Education ................. $467,268 Institute's Operations............................................... $376,250 Georgia Magistrate Courts Training Council ........................... $91,018

Section 8. Judicial Council.

Budget Unit: Judicial Council ......................................... $704,406

Council Operations ................................................. $609,406

Payments to Judicial Administrative Districts for Case Counting

$70,500

Board of Court Reporting ............................................ $24,500

Section 9. Judicial Qualifications Commission. Budget Unit: Judicial Qualifications Commission ........................ $106,000

Section 10. Council of Magistrate Court Judges. Budget Unit: Council of Magistrate Court Judges ........................ $20,000

Section 11. Council of Probate Court Judges. Budget Unit: Council of Probate Court Judges. .......................... $20,000

Section 12. Council of State Court Judges. Budget Unit: Council of State Court Judges .............................. $9,500
PART III.

EXECUTIVE BRANCH

Section 13. Department of Administrative Services.

A. Budget Unit: Department of

Administrative Services..................................... $22,178,340

Administration and Services Budget:

Personal Services ........................................... $36,648,040

Regular Operating Expenses.................................. . $7,450,700

Travel .....................................................

. . $248,000

Motor Vehicle Purchases..................................... . $299,500

Publications and Printing ....................................

. $153,000

Equipment Purchases ....................................... . $1,876,285

Computer Charges .......................................... . $8,332,700

Real Estate Rentals .........................................

$3,023,300

Telecommunications ......................................... . . $619,960

Per Diem, Fees and Contracts ................................

$405,700

Rents and Maintenance Expense ............................. $17,456,200

Utilities .................................................... . . . . $31,100

Postage ....................................................

. $268,000

Payments to DOAS Fiscal Administration .....................

$1,959,300

Direct Payments to Georgia Building Authority for

Capital Outlay ........................................................ $0

Direct Payments to Georgia Building Authority for

Operations............................................................ $0

Telephone Billings .............................................. $30,050,000

THURSDAY, MARCH 5, 1987

1453

Materials for Res,aale ...................... Public Safety Officeirs Indemnity Fund Health Planning Rev' iew Board Operations . Georgia Golf Hall1 off Fame Operations Authorities Liability Reserve Fund Grants to Countiees ai nd Municipalities Total Funds Budgeted .................... State Funds Budgeted ....................

$10,032,800 . . . . . $608,800 ...... $50,000 ...... $30,000 .......... $0
$6,800,000 $126,343,385 . . $22,178,340

nt of Administrative Services Functional Budgets

State Properties Commissliioon Departmental Administration Treasury and Fiscal Adminissttration Central Supply Administraattiion Procurement Administratiioon General Services Administration Space Management Admiinistration Data Processing Services Motor Vehicle Services Communication Services Printing Services Surplus Property Servicesi Mail and Courier Services3 Risk Management Service!sS Total

Total Funds

$

333,530

$ 2,222,585

$ 16,250,607

$ 10,443,090

$ 2,465,495

$

596,102

$

490,423

$ 46,586,138

$ 2,597,437

$ 36,163,017

$ 4,928,663

$ 1,305,522

$

502,001

$ 1,458,775

$ 126,343,385

State Funds

$

333,530

$ 2,222,585

$ 14,291,307

$

0

$ 2,465,495

$

0

$

490,423

$ 2,375,000

$

0

$

0

$

0

$

0

$

0

$

0

$ 22,178,340

argia Building Authority uthority Budget: Personal Services Regular Operatinjg Expenses ...... Travel ......... Motor Vehicle Pujrchases .................. Publications and Printing ................. Equipment Purchmasses. .................... Computer Charge!sS ....................... Real Estate Rentals ...................... Telecommunicatioons ...................... Per Diem, Fees nd Contracts Capital Outlay Utilities Contractual Expeinnse ..................... Fuel Facilities Rei tions and Repairs ......... Total Funds Budgeted .................... State Funds Budgeted ....................

.......... $0
. $18,187,542 . . . $4,355,200 ...... $14,600
$30,000 ...... $55,500 ... $271,100
. $70,000 . . $8,500 . . . . . $105,400 . . . . . $152,800 . . . . $740,000 . . . $7,680,100 $249,000 ...... $40,000 .......... $0 $31,959,742 .......... $0

rgia Building Authority Functional Budgets

Grounds Custodial

Total Funds $ 1,983,265 $ 4,613,084

State Funds

$

0

$

0

1454

JOURNAL OF THE SENATE

Maintenance Security Van Pool Sales Administration Railroad Excursions Facility Renovations Hazardous Materials Agency Undistributed Total

$ 4,808,318 $

0

$ 4,637,825 $

0

$

191,236 $

0

$ 3,980,929 $

0

$ 10,843,088 $

0

$

667,997 $

0

$

0$

0

$

234,000 $

0

$

0$

0

$ 31,959,742 $

0

Agriculture

nt of Agriculture .......

$31,266,736

State Operations Budget:

Personal Services .

. . . . . $26,466,896

Regular Operating Expenses ..................

$2,386,656

Travel ...........

........ $877,000

Motor Vehicle Purchases. ....................

.... $649,875

Publications and Printinig .. ...................

........ $684,000

Equipment Purchases

........ $524,593

Computer Charges

........ $450,657

Real Estate Rentals .

........ $610,900

Telecommunications

........ $380,099

Per Diem, Fees and Conitracts ................

$432,136

Market Bulletin Postagei

........ $600,000

Payments to Athens and1 Tifton

Veterinary Laboratories ....................

...... $2,037,160

Poultry Veterinary D nostic Laboratories in Canton,

Dalton, Douglas, 0 vood, and Statesboro

...... $1,521,603

Veterinary Fees

........ $547,000

Indemnities........

......... $91,000

Bee Indemnities

......... $75,000

Advertising Contract

........ $155,000

Payments to Georgia frirama Development

Authority for Operatioans ...................

........ $420,000

Renovation, Construction, RRepairs and Maintenance Projects at

Major and Minor Marrkets .................

........ $465,000

Capital Outlay ........

......... $30,000

Contract--Federation ol : Southern Cooperatives

......... $60,000

Tick Control Program

......... $50,000

Poultry Indemnities

$100,000

Total Funds Budgeted

... $39,614,575

State Funds Budgeted

. . . . . $31,266,736

it of Agriculture Functional Budgets

Plant Industry Animal Industry Marketing General Field Forces Internal Administration Information and Education

Total Funds $ 3,809,833 $ 6,459,879 $ 1,984,514 $ 3,227,018 $ 4,067,794 $ 1,379,357

State Funds $ 3,370,998 $ 6,094,875 $ 1,979,091 $ 3,227,018 $ 4,001,086 $ 1,379,357

THURSDAY, MARCH 5, 1987

1455

Fuel and Measures Consumer Protection Field Forces Meat Inspection Major Markets Seed Technology Entomology and Pesticides Total

$ 2,657,592 $ 2,650,592

$ 5,599,962 $ 4,410,587

$ 4,051,860 $ 1,670,394

$ 4,168,459 $

694,973

$

318,402 $

0

$ 1,889,905 $ 1,787,765

$ 39,614,575 $ 31,266,736

B. Budget Unit: Georgia Agrirama Development Authority

$0

Georgia Agrirama Development Authority Budget:

Personal Services................................................... $498,560

Regular Operating Expenses

$118,000

Travel .............................................................. $7,500

Motor Vehicle Purchases................................................. $0

Publications and Printing

$17,300

Equipment Purchases................................................. $4,923

Computer Charges ...................................................... $0

Real Estate Rentals ..................................................... $0

Telecommunications .................................................. $7,400

Per Diem, Fees and Contracts ........................................ $29,000

Capital Outlay .......................................................... $0

Goods for Resale .................................................... $79,662

Total Funds Budgeted .............................................. $762,345

State Funds Budgeted ................................................... $0

Section 15. Department of Banking and Finance.

Budget Unit: Department of Banking and Finance

$5,261,856

Administration and Examination Budget:

Personal Services................................................. $4,283,658

Regular Operating Expenses

$217,000

Travel ............................................................ $321,198

Motor Vehicle Purchases............................................. $40,000

Publications and Printing ............................................ $13,000

Equipment Purchases ............................................... $15,900

Computer Charges ................................................. $158,600

Real Estate Rentals ................................................ $175,500

Telecommunications ................................................. $35,000

Per Diem, Fees and Contracts ......................................... $2,000

Total Funds Budgeted ............................................ $5,261,856

State Funds Budgeted ............................................ $5,261,856

Section 16. Department of Community Affairs.

Budget Unit: Department of Community Affairs

$7,409,476

State Operations Budget:

Personal Services................................................. $4,598,491

Regular Operating Expenses......................................... $144,474

Travel ............................................................ $184,514

Motor Vehicle Purchases............................................... $7,500

Publications and Printing ............................................ $95,850

Equipment Purchases ............................................... $18,789

Computer Charges .................................................. $26,600

Real Estate Rentals ................................................ $364,068

Telecommunications ................................................. $59,503

Per Diem, Fees and Contracts

$103,680

Capital Felony Expenses ............................................. $50,000

1456

JOURNAL OF THE SENATE

Contracts with Area Planning

and Development Commissions .................................. $1,400,000

Local Assistance Grants ............................................ $578,000

Appalachian Regional Commission Assessment

$139,000

Community Development Block Grants (Federal)

$30,000,000

Juvenile Justice Grants (Federal)

$1,000,000

Grant--Richmond County

$0

Economic Development Grants ...................................... $770,000

Payment to Georgia Environmental

Facilities Authority............................................... $384,844

Total Funds Budgeted ........................................... $39,925,313

State Funds Budgeted ............................................ $7,409,476

Department of Community Affairs Functional Budgets

Executive and Administrative Technical Assistance Community and Economic Development Intergovernmental Assistance Total

Total Funds $ 3,384,741 $ 2,466,975 $ 32,916,995 $ 1,156,602 $ 39,925,313

State Funds

$ 3,327,741

$ 1,222,987

$ 1,870,754

$

987,994

$ 7,409,476

Section 17. Department of Corrections A. Budget Unit: Administration, Institutions and Probation .......... $253,825,731
Personal Services ............... $181,656,550 Regular Operating Expenses...................................... $21,661,157 Travel .......................................................... $1,238,761 Motor Vehicle Purchases............................................ $865,000 Publications and Printing ........................................... $284,000 Equipment Purchases............................................. $3,634,462 Computer Charges ................................................. $759,588 Real Estate Rentals .............................................. $2,704,350 Telecommunications .............................................. $2,040,750 Per Diem, Fees and Contracts ..................................... $1,503,437 Capital Outlay ................................................... $2,067,000 Utilities ......................................................... $8,346,400 Court Costs........................................................ $350,000 County'"Subsidy .................................................. $9,855,000 County Subsidy for Jails ............................................ $368,438 County Workcamp Construction Grants ............................ $2,000,000 Grants for Local Jails .............................................. $600,000 Central Repair Fund ............................................... $600,000 Payments to Central State Hospital for Meals ...................... $2,942,150 Payments to Central State Hospital for Utilities .................... $1,495,480 Payments to Public Safety for Meals................................. $300,000 Inmate Release Fund ............................................... $950,000 Health Services Purchases ....................................... $13,277,568 Payments to MAG for Health Care Certification ....................... $47,749 University of Georgia--Cooperative Extension
Service Contracts ................................................ $262,900 Minor Construction Fund ................................................ $0 Authority Lease Rentals ................................................. $0 Grant to Richmond County .......................................... $20,000 Total Funds Budgeted .......................................... $259,830,740 Indirect DOAS Funding ................................................. $0 Georgia Correctional Industries ........................................... $0

THURSDAY, MARCH 5, 1987

1457

State Funds Budgeted

Departmental Functional Budgets

Total Funds

General Administration

$ 11,295,213

Adult Facilities and Programs

$ 18,158,451

Training

$ 1,558,604

Georgia Training and Development Center

$ 1,684,448

Georgia Industrial Institute

$ 8,476,548

Georgia Diagnostic and Evaluation Center

$ 9,602,898

Georgia State Prison

$ 18,123,304

Consolidated Branches

$ 15,067,780

Middle Georgia Correctional Institution

$ 22,462,738

Jack T. Rutledge Correctional Institution

$ 3,611,850

Central Correctional Institution

$ 3,250,216

Metro Correctional Institution

$ 4,197,110

Coastal Correctional Institution

$ 4,494,180

Central Funds

$ 9,225,688

D.O.T. Work Details

$

747,965

Food Services

$ 14,131,075

Farm Services

$ 6,086,507

Dodge Correctional Institution

$ 3,384,408

Transitional Centers

$ 3,976,548

Augusta Correctional and Medical Institution

$ 6,269,026

Health Care

$ 24,378,999

Rogers Correctional Institution

$ 4,090,706

Burruss Correctional and Training Facility

$ 3,316,085

Rehabilitation Programs

$ 17,428,598

Federal Grants

$

0

Probation Administration

$

836,581

Probation Field Services

$ 35,806,029

Probation Diversion and Detention Centers

$ 8,169,185

Total

$ 259,830,740

$253,825,731

State Funds $ 11,295,213 $ 17,944,951 $ 1,514,060

$ 1,684,448 $ 8,476,548

$ 9,602,898 $ 18,123,304 $ 14,987,780

$ 22,462,738

$ 3,611,850

$ 3,250,216

$ 4,197,110

$ 4,494,180

$ 9,225,688

$

0

$ 13,453,075

$ 6,086,507

$ 3,384,408 $ 3,976,548

$ 6,269,026 $ 24,378,999

$ 4,090,706

$ 3,316,085

$ 17,428,598

$

0

$

836,581

$ 32,406,029

$ 7,328,185 $ 253,825,731

B. Budget Unit: Board of Pardons and Paroles ................. ...... $17,850,348

1458

JOURNAL OF THE SENATE

Board of Pardons and Paroles Budget: Personal Services. ...................................... Regular Operating Expenses Travel ................................................ Motor Vehicle Purchases Publication and Printing Equipment Purchases Computer Charges ..................................... Real Estate Rentals Telecommunications .................................... Per Diem, Fees and Contracts County Jail Subsidy ....................................
Total Funds Budgeted State Funds Budgeted

Section 18. Department of Defense. Budget Unit: Department of Defense 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 ............................................... Grants to Locals--Emergency Management Assistance . . . . . Grants--Others ........................................
Georgia Military Institute Grant Civil Air Patrol Contract ...............................
Capital Outlay Grants to Armories .....................................
Repairs and Renovations Total Funds Budgeted ..................................
State Funds Budgeted

Department of Defense Functional Budgets

Total Funds

Office of the Adjutant General

2,594,944

Georgia Emergency Management Agency

1,837,052

Georgia Air National Guard

3,191,867

Georgia Army National Guard

5,320,871

Total

12,944,734

Section 19. State Board of Education--Department of Education. Budget Unit: Department of Education ....................... Operations: Personal Services.......................................... Regular Operating Expenses Travel ................................................... Motor Vehicle Purchases...................................

$14,578,134 . $419,933
. $435,900 . $135,000 . $51,200 . $225,669 $168,000 $1,015,000 $378,500 $96,000
. . $347,012 $17,850,348 $17,850,348
$4,260,879
$6,864,007 $1,786,719 . . . . $67,650
$50,000 $41,650 $79,300 $9,350 ..... $8,200 $81,480 . $141,000 $1,683,378 . $1,420,000 . $42,000 . . . . $18,000 . $42,000 ........ $0 $535,000 $75,000 $12,944,734 . $4,260,879

State Funds

i 1,088,448

>

856,582

>

437,614

5 1,878,235

4,260,879

. $2,138,423,157
. $35,606,967 $3,186,483
. . . . $1,123,335 ....... $80,000

THURSDAY, MARCH 5, 1987
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 .................................... Professional Development.............................. Media................................................ Indirect Cost ......................................... Pupil Transportation Isolated Schools....................................... Local Fair Share ...................................... Other Categorical Grants: Equalization Formula.................................. Sparsity Grants ....................................... In School Suspension .................................. Special Instructional Assistance......................... Middle School Incentive ............................... Special Education Low-Incidence 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) .................................. Supervision and Assessment of Students and Beginning
Teachers and Performance-Based Certification ......... Regional Education Service Agencies .................... Georgia Learning Resources System ..................... High School Program .................................. 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................................. Health Insurance for Non-Certificated Personnel ......... Health Insurance for Retired Teachers .................. Grants to Local School Systems for Educational Purposes

1459
...... $497,012 ...... $290,968 .... $7,085,525 .... $2,012,505 ...... $615,382
$10,489,631 $991,165
........... $0
$546,050,507 $461,945,255 $238,436,865 $67,665,200 . . $79,144,564 $147,718,585 . $16,142,378 $21,426,443
$7,192,652 $23,027,563 . . . $75,789,576 . $407,034,876 $100,091,765 ...... $911,338 . $(381,072,432)
$101,896,110 $400,000
...... $207,000 $2,000,000
. . . . $3,000,000 ... $100,000
. $78,364,380 . $1,700,000
$20,531,560 . . . . $1,472,000 . . $27,297,196
$121,090,490 . $21,590,650
. . $5,235,607 . . . . $5,657,121 ... $1,966,576
$12,177,907 . . . . $2,581,128 ...... $913,920 ...... $879,000
$2,860,000 ...... $366,540 . $4,138,911 . . . . $8,290,155 . . . . $4,297,565 . . . . $1,120,862
$3,370,630 ........... $0 ........... $0
$78,000,000

1460

JOURNAL OF THE SENATE

Child Care Lunch Program (Federal) ...................... Chapter II--Block Grant Flow Through .................... Payment of Federal Funds to
Postsecondary Vocational Education ..................... Program for the Handicapped 3 to 5 year .................. Innovative Programs...................................... Technology Grants ....................................... Limited English--Speaking Students Program .............. Total Funds Budgeted .................................... Indirect DOAS Services Funding .......................... State Funds Budgeted ....................................

Education Functional Budgets

Total Funds

Instructional Services

7,435,876

Governor's Honors Program

857,678

Vocational Education

5,579,297

Public Library Services

1,856,189

State Administration

9,784,753

Administrative Services

9,525,372

Planning and Development

11,911,265

Professional Standards Commission

221,300

Professional Practices Commission Local Programs

$

484,162

$ 2,357,813,283

Georgia Academy for the Blind

$ 3,924,370

Georgia School for the Deaf

$ 6,405,747

Atlanta Area School for the Deaf

$ 3,992,964

Total

$ 2,419,792,256

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 ............

Benefits to Retirees ............ Employer Contribution ......... Total Funds Budgeted .......... State Funds Budgeted ..........
Section 21. Forestry Commission. Budget Unit: Forestry Commission State Operations Budget:

. . $14,261,645 . . . . $8,702,655
. . $10,440,540 ...... $100,000 ...... $548,000 ...... $500,000 ...... $250,000 $2,419,792,256 ........... $0 $2,138,423,157
State Funds 4,647,813 842,678 2,378,415 813,462 8,857,815 6,287,150 10,749,174 221,300 484,162
$ 2,089,410,416
$ 3,783,821 $ 6,225,712
$ 3,721,239 $ 2,138,423,157
.......... $0
... $863,214 ...... $11,300 ....... $7,500 .......... $0 ...... $23,000 ....... $5,100 ..... $259,000 . $115,706 ...... $26,500 . $583,200 ...... $67,500 .......... $0 .......... $0
. $1,962,020
$31,566,775

THURSDAY, MARCH 5, 1987

1461

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

otal Funds

Reforestation

! 4,067,854

Field Services

i 30,390,828

Wood Energy

i

51,500

General Administration and Support

i

2,292,538

Total

i 36,802,720

$24,388,623 . $5,652,973 . . . $145,415
$1,571,112 ... $88,000 . $2,534,695 . . $69,091
$27,330 $686,135 . $268,346 $250,000
. $300,000 ... $90,000 ... $51,500 . . $679,500 $36,802,720 $31,566,775

State Funds

$ 1,140,602

$ 28,089,135

$

51,500

$ 2,285,538 $ 31,566,775

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

Total Funds

Administration

$ 2,735,175

Drug Enforcement

$ 5,755,285

Investigative

$ 9,983,510

$29,498,188
$20,670,188 $2,030,000
$606,000 . $841,000 . . $120,000 . . $574,000 $857,000 . $1,460,000 . $1,605,000
$40,000 . . $479,000 ... $93,000 . $73,000 . . . . $50,000 $29,498,188 ........ $0 $29,498,188
State Funds
2,735,175
5,755,285
9,983,510

1462

JOURNAL OF THE SENATE

Georgia Crime Information Center
Undistributed
Total 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 Indirect DOAS Funding Total State Funds Budgeted

5,593,728 0
24,067,698

5,593,728
0
24,067,698
$4,281,590 $477,900 $39,000 $77,000 . $8,000 $241,000 $140,000
...... $0 $117,000 $9,000
....... $0 $35,000 $5,000
$5,430,490 ....... $0 $5,430,490

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 ........................................

....... $0
$1,010,700 $31,100
. $9,000 ....... $0 . . $1,200
. $3,000 . $12,000
$90,000 . $11,000 . . $115,000 $1,283,000 ....... $0

Section 24. Office of the Governor. Budget Unit: Office of the Governor ................................ $15,979,400 Personal Services................................................. $7,412,400 Regular Operating Expenses......................................... $246,000 Travel ............................................................ $146,000 Motor Vehicle Purchases................................................. $0 Publications and Printing ........................................... $148,000 Equipment Purchases................................................ $50,000 Computer Charges ................................................. $108,000 Real Estate Rentals ................................................ $516,000 Telecommunications ................................................ $189,000 Per Diem, Fees and Contracts .................................... $59,009,000 Cost of Operations ............................................... $2,553,000 Mansion Allowance .................................................. $40,000 Governor's Emergency Fund ...................................... $2,500,000 Intern Stipends and Travel ......................................... $153,000 Art Grants of State Funds ........................................ $2,500,000 Art Grants of Non-State Funds...................................... $366,000 Humanities Grant--State Funds ...................................... $50,000 Total Funds Budgeted ........................................... $75,986,400

THURSDAY, MARCH 5, 1987

1463

State Funds Budgeted ........................................... $15,979,400

Office of the Governor Functional Budgets

Total Funds

State Funds

Governor's Office

$ 5,246,000 $ 5,246,000

Office of Fair Employment Practices

$

726,400 $

666,400

Office of Planning and Budget

$ 4,044,000 $ 3,944,000

Council for the Arts

$ 3,433,000 $ 2,952,627

Office of Consumer Affairs

$ 1,856,000 $ 1,856,000

State Energy Office

$ 59,492,000 $

297,373

Governor's Committee on Post Secondary Education

$

164,000 $

164,000

Consumers' Utility Counsel

$

472,000 $

472,000

Criminal Justice Coordinating Council

$

381,000 $

381,000

Vocational Education Advisory Council

$

172,000 $

0

Total

$ 75,986,400 $ 15,979,400

Section 25. Department of Human Resources.

A. Budget Unit: Departmental Operations .......................... $386,375,696

1. General Administration and Support Budget:

Personal Services................................................ $42,666,079

Regular Operating Expenses....................................... $2,025,664

Travel .......................................................... $1,241,400

Motor Vehicle Purchases................................................. $0

Publications and Printing

$248,610

Equipment Purchases............................................... $390,650

Computer Charges ............................................... $2,398,360

Real Estate Rentals .............................................. $4,223,419

Telecommunications ................................................ $884,883

Per Diem, Fees and Contracts .................................... $35,760,040

Utilities ........................................................... $276,500

Postage ........................................................... $852,480

Capital Outlay .......................................................... $0

Institutional Repairs and Maintenance

$0

Payments to DMA--Community Care .............................. $6,898,000

Service Benefits for Children ...................................... $6,470,574

Special Purpose Contracts .......................................... $290,000

Total Funds Budgeted .......................................... $104,626,659

Indirect DOAS Services Funding ......................................... $0

State Funds Budgeted ........................................... $47,466,905

General Administration and Support Functional Budgets

Total Funds

State Funds

Commissioner's Office Administrative Appeals

740,085 $ 1,054,382 $

740,085 1,054,382

Administrative Policy, Coordination, and Direction
Personnel

295,298 $ 8,375,227 $

295,298 8,333,739

1464

JOURNAL OF THE SENATE

Indirect Cost

$

Facilities Management

$

Public Affairs

$

Community/

Intergovernmental Affairs

$

Budget Administration

$

Financial Services

$

Auditing Services

$

Special Projects

$

Office of Children

and Youth

$

Planning Councils

$

Community Services Block Grant

$

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

$

Aging Services

$

Aging Administration

$

State Health Planning

and Development Agency

$

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

0 4,500,954
439,825
486,080 1,524,579 4,701,569 1,815,925
570,000
6,709,065 432,103
8,956,595
733,096 1,979,437
780,908 2,606,130
394,231 774,189 4,241,580 13,765,909 2,826,881 32,102,600 2,669,852
1,150,159 104,626,659

$ (5,639,765)

$ 2,991,939

$

439,825

$

486,080

$ 1,524,579

$ 4,701,569

$ 1,815,925

$

570,000

$ 6,399,922

$

130,854

$

0

$

733,096

$ 1,959,437

$

460,545

$

796,627

$

394,231

$

585,215

$

239,555

$ 2,442,570

$ 2,826,881

$ 10,930,652

$ 1,156,505

$ 1,097,159
$ 47,466,905
. $37,740,826 $48,650,665 $1,046,873
....... $20,000 ...... $318,995 ...... $405,554 ...... $570,883 ...... $650,580 ...... $587,850 ... $17,406,454 ........... $0 ....... $86,410 ....... $559,000
. $4,936,795 .... $2,055,000 . . . . . $1,725,000 . . . . . $7,142,000 ....... $400,000 ... $2,532,000

THURSDAY, MARCH 5, 1987

1465

Benefits for Medically Indigent High-Risk Pregnant Women and Their Infants ..............................
Family Planning Benefits ................................. Grant-In-Aid to Counties ................................. Purchase of Service Contracts ............................. Special Purpose Contracts ................................ Total Funds Budgeted .................................... Indirect DOAS Services Funding .......................... State Funds Budgeted ....................................

Public Health Functional Budgets

Total Funds

Director's Office

718,509

Employees' Health

319,857

Health Program Management

1,032,499

Vital Records

1,944,291

Health Services Research

677,779

Primary Health Care

768,815

Stroke and Heart Attack Prevention
Epidemiology Immunization Sexually Transmitted Diseases Community Tuberculosis Center Family Health Management Infant and Child Health Maternal Health--Perinatal Family Planning Malnutrition Dental Health Children's Medical Services Chronic Disease Diabetes Cancer Control Environmental Health Laboratory Services Emergency Health District Health Administration Newborn Follow-Up Care

$ 1,888,109

$ 1,677,003

$

460,596

$ 1,545,231

$ 1,258,518

$ 8,172,464

$ 8,384,056

$

204,494

$ 9,370,246

$ 53,110,234

$ 1,631,294

$ 11,231,458

$ 1,318,040

$

624,685

$ 3,447,168

$

949,828

$ 4,484,047

$ 2,577,756

$ 9,177,580

$ 1,283,604

Sickle Cell, Vision and Hearing

$ 1,156,450

High-Risk Pregnant Women and Infants

$ 7,479,627

Grant in Aid to Counties

48,930,029

Teenage Pregnancy Prevention

275,000

Community Health Management

2,207,160

$5,299,000 ... $302,000 $51,622,119 . $562,000 . . $6,345,000 $190,965,004 ......... $0 $111,187,088
State Funds 718,509 284,857 947,499
1,847,674 677,779 741,608
1,358,109 746,498 0 312,434
1,258,518 2,978,391 8,240,453
3,049 4,647,504
0 1,421,119 8,458,843 1,318,040
624,685 3,447,168
411,056 4,359,047 1,419,983 9,177,580
871,654
$ 1,156,450
7,479,627 43,627,719
275,000 1,313,524

1466

JOURNAL OF THE SENATE

Community Care

$ 2,658,577

Total

$ 190,965,004

rices Budget:

Personal Services

Regular Operatini Expenses .............

Travel .........

Motor Vehicle Purcihhaasses ................

Publications and Prriinnttiing ...............

Equipment Purchasleess. ..................

Computer Charges

Real Estate Rentalsi ....................

Telecommunicationss ....................

Per Diem, Fees I Contracts

Utilities ......

Capital Outlay

Postage ......

Institutional Ri s and Maintenance

Case Services

E.S.R.P. Case Services ..................

Special Purpose Contracts ..............

Purchase of Services CCcontracts

Total Funds Budgeted ..................

Indirect DOAS Serv/iiccees Funding ........

State Funds Budgeted ..................

abilitation Services Functional Budgets

Total Funds

Program Direction and Support

$ 3,372,093

Grants Management

$

639,551

State Rehabilitation Facilities

$ 5,246,116

Roosevelt Warm Springs Institute

$ 16,182,950

Georgia Factory for the Blinid

$ 14,804,356

Disability Adjudication

$ 28,693,412

Production Workshop

$ 1,011,857

District Field Services

$ 34,158,043

Independent Living

$

453,261

Sheltered Employment

$ 1,145,465

Community Facilities

$ 4,981,256

Bobby Dodd Workshop
Total 4. Family and Chi ren Services Budget: Personal Services Regular Operatinj Expenses Travel ......... Motor Vehicle Purc:hhaasses ................ Publications and Prriinnttiing ............... Equipment PurchasIeBsS. .................. Computer Charges Real Estate Rentalsi .................... Per Diem, Fees and1 Contracts ........... Telecommunicationss .................... Utilities

$

409,900

$ 111,098,260

$ 1,062,711
$ 111,187,088
... $57,501,544 . . . . $12,139,963 ....... $773,769 ....... $137,000
. $129,100 $1,013,022
. $1,629,019 $2,505,650 $1,469,410
. . $5,528,047 $1,088,200
............ $0 ....... $485,680 ........ $30,700
. $20,652,000 ........ $50,000 ....... $312,000 ... $5,653,156
. $111,098,260 ............ $0 . . . . $20,914,303

State Funds

$ 1,463,458

$

530,225

$ 1,049,223

$ 3,889,403

$

562,555

$

0

$

0

$ 7,236,809

$

253,261

$

538,213

$ 4,981,256

$

409,900

$ 20,914,303

. $12,453,125 ....... $363,470
$392,000 ............ $0 ....... $749,900 ....... $103,103
$12,608,036 ....... $226,015
... $8,188,727 $929,500
......... $9,100

THURSDAY, MARCH 5, 1987

1467

Postage ............................... Cash Benefits .......................... Grants to County DFACS--Operations Service Benefits for Children Special Purpose Contracts Total Funds Budgeted Indirect DOAS Services Funding State Funds Budgeted

Family and Children Services Functional Budgets

Total Funds

Refugee Benefits

$ 1,408,000

AFDC Payments

$ 256,818,238

SSI--Supplemental Benefits

$

4,000

Energy Benefits

$ 13,400,000

County DFACS OperationsSocial Services

$ 42,750,650

County DFACS Operations Eligibility

$ 64,135,452

County DFACS OperationsJoint and Administration

$ 42,112,532

County DFACS Operations-- Homemakers Services

5,848,683

Food Stamp Issuance

3,100,000

Director's Office

718,863

Administrative Support

3,048,449

Regional Administration

3,374,273

Public Assistance

5,374,426

Management Information Systems

15,342,979

Social Services

1,978,166

Indirect Cost

0

Employability Benefits

3,441,099

Legal Services

1,100,000

Family Foster Care

17,501,000

Institutional Foster Care

1,724,000

Specialized Foster Care

485,700

Adoption Supplement

1,711,000

Day Care

17,602,680

Home Management--Contracts

150,000

Outreach--Contracts

737,000

Special Projects

1,040,227

Program Support

2,875,323

County DFACS Operations-- Employability Program

1,558,976

Total Budget Unit Object Classes: Personal Services

509,341,716

. . . . $978,830 $270,776,238 $156,406,293 . $39,787,179
$5,370,200 $509,341,716 ......... $0 $206,807,400

State Funds 0
91,466,684 4,000 0

$ 21,826,480

$ 32,029,991

$ 21,277,464

$ 5,267,283

:$

0

$

718,863

$ 2,569,432

$ 3,374,273

$ 1,897,826

$ 8,324,719

$ 1,978,166

$ (8,000,000)

$

946,443

$

875,000

$ 11,526,396

$ 1,207,587

$

240,757

$ 1,666,891

$ 3,285,528

$

48,816

$

233,836

$ 1,035,627

$ 2,042,864

$

962,474

$ 206,807,400

$150,361,574

1468

JOURNAL OF THE SENATE

Regular Operations 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 .......................... Benefits for Medically Indigent High-Risk Pregnant
Women and Their Infants ...................... Family Planning Benefits ......................... Midwifery Program Benefits Grant-In-Aid to Counties ......................... Payments to DMA-Community Care Service Benefits for Children Case Services .................................... E.S.R.P. Case Services Cash Benefits .................................... Grants for County DFACS--Operations Institutional Repairs and Maintenance Special Purpose Contracts Purchase of Service Contracts ....................
B. Budget Unit: Community Mental Health/ Mental Retardation Youth Services and Institutions
Departmental Operations: Personal Services................................ Regular Operations 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 .................................. Authority Lease Rentals Institutional Repairs and Maintenance Grants to County-Owned Detention Centers Substance Abuse Community Services Mental Retardation Community Services Mental Health Community Services Community Mental Health Center Services Special Purpose Contract

. $63,179,762 . $3,454,042 . . $157,000 . $1,446,605
$1,912,329 $17,206,298 . $7,605,664 $3,871,643 . $66,883,268 . $1,373,800 $2,403,400 ......... $0 . $4,936,795 .. $2,055,000 . $7,142,000 ... $559,000
. $400,000 . $2,532,000
.. $5,299,000 . . $302,000 . $1,725,000
$51,622,119 .. $6,898,000 . $46,257,753 . $20,652,000 . . . . . $50,000 $270,776,238 $156,406,293 . . . . . $30,700 . $12,317,200
$6,215,156
$408,505,859
$325,802,868 $31,658,060 . $892,950 . . . . $335,895 ... $149,260 . $3,830,242 . $4,228,305 .... $647,487 . . $2,787,550 $32,376,096 . $15,230,635
$247,598 ... $876,890
$2,119,055 . $1,733,056 . . $1,926,470
$1,102,000 . $89,925,712 . $11,708,744 . $73,560,424 . $100,000

THURSDAY, MARCH 5, 1987

1469

Reserve for DeKalb RYDC .................................. Cost-of-Living Adjustment .................................. Total Funds Budgeted ...................................... Indirect DOAS Services Funding State Funds Budgeted ......................................

Community Mental Health/Mental Retardation, Youth Services and Institutional Functional Budgets

Total Funds

Southwestern State Hospital

$ 32,745,122

Georgia Retardation Center

$ 28,102,988

Georgia Mental Health Institute

$ 23,190,826

Georgia Regional Hospital at Augusta

$ 18,242,914

Northwest Regional Hospital at Rome

$ 23,981,747

Georgia Regional Hospital at Atlanta

$ 27,132,386

Central State Hospital

$ 112,866,194

Georgia Regional Hospital at Savannah

$ 21,206,826

Gracewood State School and Hospital

$ 42,101,424

West Central Georgia Regional Hospital

$ 18,330,069

Outdoor Therapeutic Program

$ 1,929,857

Mental Health Community Assistance

$ 7,817,684

Mental Retardation Community Assistance

$ 3,076,006

Central Pharmacy

$

141,594

Day Care Centers for Mentally Retarded

$ 67,223,052

Supportive Living

$ 11,410,595

Georgia State Foster Grandparents/Senior Companion Program

$

587,394

Project Rescue

$

377,121

Drug Abuse Contracts

$ 1,102,000

Community Mental Health Center Services

$ 73,560,424

Uniform Alcoholism Projects

$

0

Project ARC

$

256,892

Metro Drug Abuse Centers

$ 1,612,523

Group Homes for Autistic Children

$

258,094

Project Friendship

$

298,149

. . . . $808,887 ......... $0 $602,048,184 ......... $0 $408,505,859

State Funds $ 21,604,608 $ 13,936,095

$ 20,309,800

$ 15,395,587

$ 18,118,111

$ 21,092,659 $ 79,234,006

$ 18,108,559

$ 21,882,149

$ 14,859,691 $ 1,777,577

$ 7,817,684

$ 2,272,345

$

141,594

$ 32,516,432 $ 7,137,859

$

573,148

$

214,121

$ 1,102,000

$ 31,193,162

$

0

$

256,892

$

906,983

$

258,094

$

298,149

1470

JOURNAL OF THE SENATE

Community Mental Retardation Staff
Community Mental Retardation Residential Services
Contract with Clayton County Board of Education for Autistic Children
MH/MR/SA Advisory Council MH/MR/SA Administration MH/MR/SA Indirect Cost Regional Youth Development Centers Milledgeville State YDC Augusta State YDC Atlanta State YDC Macon State YDC Court Services Community Treatment Centers Day Centers Group Homes Purchased Services Runaway Investigation/
Interstate Compact Assessment and Classification Youth Services Administration Cost-of-Living Adjustment Total

$ 3,294,642 $ 2,978,397 $ 17,855,317 $ 12,796,239

$

73,200

$

46,347

$ 7,373,479

$

0

$ 15,846,006

$ 8,492,683

$ 6,116,821

$ 3,314,456

$ 3,444,569

$ 9,321,259

$ 2,406,221

$

798,543

$

605,560

$ 2,788,291

$

587,873

$

360,471

$ 1,770,565

$

0

$ 602,048,184

$

73,200

$

46,347

$ 7,078,303

$ (295,000)

$ 15,468,006

$ 8,158,472

$ 6,046,086

$ 3,228,942

$ 3,348,169

$ 9,321,259

$ 2,406,221

$

798,543

$

605,560

$ 2,788,291

$

587,873

$

360,471

$ 1,703,175

$

0

$ 408,505,859

Section 26. Department of Industry and Trade.

A. Budget Unit: Department of Industry and T'rraadd<e

...... $16,736,522

State Operations Budget:

Personal Services

....... $6,095,900

Regular Operating Expenses

......... $923,000

Travel ..............................

......... $316,000

Motor Vehicle Purchases

$39,000

Publications and Printing

......... $340,000

Equipment Purchases ................

.......... $82,000

Computer Charges

......... $184,500

Real Estate Rentals

......... $538,700

Telecommunications

......... $185,000

Per Diem, Fees and Contracts .........

......... $429,000

Postage .............................

......... $186,000

Local Welcome Center Contracts

......... $200,000

Advertising and Cooperative Advertising

....... $5,025,000

Georgia Ports Authority/Authority Lease Renntaallss3 ............ ....... $2,745,000

Historic Chattahoochee Commission Contract . .

.......... $70,000

Atlanta Council for International Visitors

.......... $25,000

Waterway Development in Georgia.

.......... $50,000

Georgia Music Week Promotion

.......... $35,000

Georgia World Congress Center Operating Expeetnissees .......... .............. $0

Contract--Georgia Association of Broadcasters .

.......... $53,000

THURSDAY, MARCH 5, 1987

1471

Southern Center for International Studies Capital Outlay ......................... Total Funds Budgeted .................. State Funds Budgeted

... $25,000 ........ $0 $17,547,100 $16,736,522

Department of Industry and Trade Functional Budgets

Administration Economic Development Tourism Total

Total Funds $ 5,773,874 $ 4,977,476 $ 6,795,750 $ 17,547,100

State Funds $ 4,963,296 $ 4,977,476 $ 6,795,750 $ 16,736,522

B. Budget Unit: Authoritiiees ................................... ............. $0

Administration Budget:

Personal Services ...

.... $34,582,421

Regular Operating Expleennsses .................................

$13,101,094

Travel ..........

........ $575,797

Motor Vehicle Purchases ................................... ............. $0

Publications and Printiinng ............................................ $167,141

Equipment Purchases

......... $112,580

Computer Charges ..

......... $623,400

Real Estate Rentals .

......... $158,002

Telecommunications

......... $472,415

Per Diem, Fees and Co>nnttrraacts ..............................

$4,153,946

G.O. Bonds and Lease Rentals--G.P.A. .....................

$20,625,000

Other Debt Service Payments--G.P.A. ......................

$1,638,000

Capital Outlay--Internal Operations--G.P.A. ................

$2,500,000

Atlanta Convention and Visitors Bureau--G.W.C.C. .......... .............. $0

Total Funds Budgeted .

..... $78,709,796

State Funds Budgeted .

.............. $0

Authorities Functional Budgets

Georgia World Congress Center Georgia Ports Authority Total

Total Funds 13,709,657 65,000,139
$ 78,709,796

State Funds 0 0 0

Section 27. 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 .....................

$9,202,962
. $8,415,728 $366,500 . $270,500
. $40,000 $140,500 $59,067
. . . $377,101 . $480,300
. $152,400 . $31,500 $10,333,596
$9,202,962

1472

JOURNAL OF THE SENATE

Department of Insurance Functional Budgets

Total Funds

Internal Administration

$ 1,354,983

Insurance Regulation

$ 2,474,476

Industrial Loans Regulation

$

526,987

Information and Enforcement

$ 1,703,855

Fire Safety and Mobile Home Regulations

$ 4,273,295

Total

$ 10,333,596

Section 28. 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...............................
Total Funds Budgeted State Funds Budgeted ....................................

Department of Labor Functional Budgets

Total Funds

Executive Offices Administrative Services Unemployment Insurance

4,175,988 $ 11,881,569
7,348,669

Employment Services

4,220,474

Field Services Job Training Partnership

54,762,446 52,966,004

Total

135,355,150

Section 29. Department of Law. Budget Unit: Department of Law Attorney General's Office 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 Books for State Library........

State Funds 1,354,983 2,368,491 526,987 1,703,855
3,248,646 9,202,962
$5,640,000
$57,000,000 $8,074,000 $1,035,000 ......... $0 . . . . . $61,000 .... $449,000 . $2,097,000 , $2,256,000 $1,438,000 $61,002,822 $1,278,000 . . . . $264,328
$400,000 $135,355,150
$5,640,000
State Funds 1,106,582 994,049 3,530 338,195 3,197,644 0 5,640,000
. $7,373,037
. . $6,473,386 . $413,651 ... $128,000 ......... $0 .... $38,000 ... $32,000
$110,000 . . $362,000 ... $80,000
. $45,000 $110,000

THURSDAY, MARCH 5, 1987

1473

Total Funds Budgeted State Funds Budgeted .

Section 30. Department of Medical Assistance. Budget Unit: Medicaid Services ............. 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 ................................. Medicaid Benefits ........................ Payments to Counties for Mental Health Audit Contracts .......................... Total Funds Budgeted .................... State Funds Budgeted

Medical Assistance Functional Budgets

Commissioner's Office Program Management Administration Operations Program Integrity Benefits Total

Total Funds

$

720,223

$ 17,632,978

$ 2,194,888

$ 13,119,370

$ 3,545,350

$ 1,023,991,832

$ 1,061,204,641

Section 31. 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 ......................... 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 ...........................

$7,792,037 $7,373,037
. $334,270,541
. . $9,827,544 ...... $281,011 ...... $161,959
$11,000 ....... $69,300
... $56,229 . . $10,590,816 ...... $778,935 .... $289,375 . . $14,291,140 ....... $83,000 . $1,008,433,032 . . $15,558,800
... $772,500 . $1,061,204,641
$334,270,541
State Funds
360,112
2,499,987
294,286
3,793,666
1,490,722
325,831,768
334,270,541
. . $7,567,329
. $6,001,266 .... $177,550
... $69,000 ......... $0 ... $263,000 .... $103,300 . $1,921,428 . . . . $686,000 .... $80,300 . $39,113,000 ... $214,000 $283,076,000 $331,704,844 . . $7,567,329 $324,086,698 .... $50,817

1474

JOURNAL OF THE SENATE

Merit System Functional Budgets

Total Funds

Applicant Services

$ 2,080,240

Classification and Compensation

$

895,268

Program Evaluation and Audit

719,913

Employee Training and Development

1,117,878

Health Insurance Administration

8,452,437

Health Insurance Claims

315,320,524

Internal Administration

1,977,129

Commissioner's Office

1,141,455

Undistributed

0

Total

331,704,844

Section 32. Department of Natural Resources. A. Budget Unit: Department of Natural Resources
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 ................................................ Land and Water Conservation Grants Recreation Grants ........................................ Contract with U. S. Geological Survey for Ground Water Resources Survey......................... Contract with U.S. Geological Survey for Topographic Maps Capital Outlay--Repairs and Maintenance Capital Outlay--Shop Stock--Parks Capital Outlay--Heritage Trust Authority Lease Rentals Cost of Material for Resale Payments to Lake Lanier Islands Development Authority Contract--Special Olympics, Inc. Georgia Sports Hall of Fame Capital Outlay--Heritage Trust--Wildlife Management Area Land Acquisition Capital Outlay--User Fee Enhancements--Parks Capital Outlay--Buoy Maintenance ....................... Capital Outlay--Consolidated Maintenance--Game and Fish Technical Assistance Contract Capital Outlay .......................................... Contract--Georgia Rural Water Association................. Grant--The Hay House.................................. Contract--Corps of Engineers (Cold Water Creek St. Park)

State Funds
0
0
0
0
0
0
0
0
0
0
$65,115,635
$46,871,187 $8,759,070 . . . . $511,000 $1,516,658
$575,000 $1,913,503 . . . . $478,620 $1,542,077
$905,992 $1,283,789
$333,886 $2,000,000
$400,000
$300,000
. . . . $125,000 . $1,826,438
$300,000 $211,500 $1,106,000 $1,400,000 . $460,500 $206,000 . . . . . $50,000
$450,000 $1,535,000
$20,000 $350,000 . $125,000 . $118,250 . $10,000 ....... $0 $149,405

THURSDAY, MARCH 5, 1987

1475

Contract--Corps of Engineers (Tybee Beach Restoration) ................................
Advertising and Promotion.................................. Payments to Georgia Agricultural
Exposition Authority ..................................... Historic Preservation Grant ................................. Payment to Jekyll Island State
Park--Capital Outlay..................................... Payment to Stone Mountain Memorial Association--
Capital Outlay ........................................... Environmental Facilities 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 ......................................

......... $0 ... $125,000
. . . . $526,700 ... $150,000
$8,000,000 . . . $150,000
$7,000 $13,000 $84,805,575 $53,750 . . $315,000 ........ $0 $65,115,635

Department of Natural Resources Functional Budgets

Internal Administration Game and Fish Parks, Recreation and
Historic Sites Environmental Protection Coastal Resources Total

Total Funds 5,598,443 23,957,244
28,632,211 $ 25,136,148 $ 1,481,529 $ 84,805,575

State Funds 5,229,693 20,767,629
16,157,720 21,558,064 1,402,529 65,115,635

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 .......... Per Diem, Fees and Contracts Capital Outlay ............... Boat Replacement Expense Total Funds Budgeted ........ State Funds Budgeted

Authorities Functional Budgets

Total Funds

Lake Lanier Islands Development Authority
Georgia Agricultural Exposition Authority

4,641,200 526,700

Total

5,167,900

$2,664,700 $1,890,500 . . . $26,500
$69,500 $64,150 $84,400 . . $22,000 . $17,000 . $66,200 $84,600 ....... $0 . . $178,350 $5,167,900 ....... $0

State Funds

$

0

$

0

$

0

1476

JOURNAL OF THE SENATE

Section 33. 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 .............................................. Personal Services--Institutions Operating Expenses--Institutions Capital Outlay Quick Start Program Area School Program Junior College Program Area Vocational--Technical School Construction Teachers' Retirement Teachers' Health Insurance Total Funds Budgeted State Funds Budgeted

Administration Institutional Programs Total

Institutions Functional Budgets Total Funds
$ 3,856,500 $ 103,706,692 $ 107,563,192

Section 34. 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 Capital Outlay ............................ Driver License Processing .................. Total Funds Budgeted ..................... Indirect DOAS Service Funding State Funds Budgeted .....................

$95,160,192
. . $1,957,716 $158,000 $57,000
...... $9,000 $40,000 $10,000
. . . . $254,000 $275,000 $46,000
.... $897,500 $15,000
. $29,612,284 $8,928,665 $3,000,000 $3,700,000 $46,709,568
. $2,600,000 ......... $0
$6,828,000 . $2,465,459 $107,563,192
$95,160,192
State Funds
2,727,500
92,432,692
95,160,192
$68,464,311
$49,192,288 $6,654,160
$137,500 . . $3,069,000
$630,000 . . $1,810,806
$3,136,000 . . . . . $13,000 . . . . $824,010
. $168,470 $1,095,375 . . . . $225,000 . . . . $200,000 . . . . $359,502 . . . . $949,200 $68,464,311 ......... $0 $68,464,311

THURSDAY, MARCH 5, 1987

1477

Administration Driver Services Field Operations Total

Public Safety Functional Budgets Total Funds
$ 8,744,680 $ 15,062,771 $ 44,656,860 $ 68,464,311

State Funds $ 8,744,680 $ 15,062,771 $ 44,656,860 $ 68,464,311

B. Budget Unit: Units Attached for Administrative Purposes Only

$11,072,086

Attached Units Budget:

Personal Services.............................................. $4,963,161

Regular Operating Expenses.................................... $2,001,600

Travel ....................................................... .... $150,000

Motor Vehicle Purchases....................................... . . . . $131,600

Publications and Printing

$65,000

Equipment Purchases

.... $85,438

Computer Charges ............................................ ... $379,806

Real Estate Rentals ........................................... ... $163,722

Telecommunications

... $158,500

Per Diem, Fees and Contracts .................................. . $1,188,004

Postage ...................................................... . . . . . $30,000

Peace Officers Training Grants ................................. . $2,440,977

Highway Safety Grants ........................................ $3,500,000

Capital Outlay ................................................ ......... $0

Total Funds Budgeted ......................................... . $15,257,808

State Funds Budgeted ......................................... . $11,072,086

Attached Units Functional Budgets

Total Funds

State Funds

Office of Highway Safety Georgia Peace Officers
Standards and Training Police Academy Fire Academy

$ 3,996,743 $

248,371

$ 3,977,203 $ 3,977,203

$ 1,059,310 $ 1,009,310

$

916,202 $

829,202

Georgia Firefighters Standards and Training Council
Organized Crime Prevention Council
Georgia Public Safety Training Facility
Total

$

410,593 $

410,593

$

305,528 $

305,528

$ 4,592,229 $ 4,291,879 $ 15,257,808 $ 11,072,086

Section 35. 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 ................................

... $12,886,000
....... $211,000 $12,675,000
... $12,886,000 $12,886,000

Section 36. Public Service Commission. Budget Unit: Public Service Commission ................. Departmental Operations Budget: Personal Services ....................................

. . $7,150,242 $5,427,149

1478

JOURNAL OF THE SENATE

Regular Operating Expenses......................................... $405,967

Travel ............................................................ $202,459

Motor Vehicle Purchases............................................ $235,200

Publications and Printing

$33,500

Equipment Purchases

$105,919

Computer Charges ................................................. $258,125

Real Estate Rentals ................................................ $252,000

Telecommunications

$123,000

Per Diem, Fees and Contracts

$1,250,000

Total Funds Budgeted

$8,293,319

State Funds Budgeted ............................................ $7,150,242

Public Service Commission Functional Budgets

Total Funds

State Funds

Administration

$ 1,282,037 $ 1,282,037

Transportation

$ 3,137,377 $ 2,100,405

Utilities

$ 3,873,905 $ 3,767,800

Total

$ 8,293,319 $ 7,150,242

Section 37. Regents, University System of Georgia.

A. Budget Unit: Resident Instruction

$625,858,037

Resident Instruction Budget:

Personal Services:

Educ., Gen., and Dept. Svcs. .................................. $645,744,315

Sponsored Operations ......................................... $90,000,000

Operating Expenses:

Educ., Gen., and Dept. Svcs.

$181,694,971

Sponsored Operations

$105,000,000

Office of Minority Business Enterprise

$316,606

Special Desegregation Programs

$352,194

Authority Lease Rentals

$14,044,793

Research Consortium

$3,830,000

Eminent Scholars Program

$0

Capital Outlay

$630,000

Total Funds Budgeted ......................................... $1,041,612,879

Departmental Income............................................ $22,000,000

Sponsored Income

$195,000,000

Other Funds ................................................... $198,754,842

Indirect DOAS Services Funding

$0

State Funds Budgeted .......................................... $625,858,037

B. Budget Unit: Regents Central Office and

Other Organized Activities

$129,849,466

Regents Central Office and Other Organized Activities Budget:

Personal Services:

Educ., Gen., and Dept. Svcs.

$166,688,120

Sponsored Operations

$54,640,269

Operating Expenses:

Educ., Gen., and Dept. Svcs. ...................... ............ $74,152,723

Sponsored Operations

$21,336,281

Fire Ant and Environmental Toxicology Research

$263,448

Agricultural Research............................................. $1,608,719

Advanced Technology Development Center

$1,169,341

Capitation Contracts for Family Practice Residency

$2,580,000

Residency Capitation Grants

$2,381,730

Student Preceptorships ............................................. $158,000

THURSDAY, MARCH 5, 1987

1479

Center for Rehabilitation Technology ......... Capital Outlay--ETMH ..................... Equipment--AES ........................... SREB Payments ............................ Medical Scholarships ........................ Regents Opportunity Grants ................. Regents Scholarships ........................ Rental Payments to Georgia Military College . Total Funds Budgeted Departmental Income ........................ Sponsored Income ........................... Other Funds ................................ Indirect DOAS Services Funding ............. State Funds Budgeted .......................

. . $643,719 ............ $0 ............ $0 ... $8,636,100 ....... $597,750 ...... $600,000 ....... $200,000 ....... $619,618
$336,275,818 ............ $0 .... $75,976,550 . . $130,449,802 ............ $0
$129,849,466

Regents Central Office and Other Organized Activities Functional Budgets

Total Funds

State Funds

Marine Resources Extension Center

$ 1,780,819 $ 1,082,169

Skidaway Institute of Oceanography
Marine Institute

$ 2,786,765 $ 1,406,765

$ 1,373,697 $

803,697

Georgia Tech Research Institute

$ 86,990,031 $ 11,075,031

Engineering Extension Division

$ 5,207,012 $ 1,750,066

Agricultural Experiment Station Cooperative Extension Service

$ 46,037,966 $ 30,501,233 $ 44,008,962 $ 29,208,862

Eugene Talmadge Memorial Hospital

$ 118,805,602 $ 30,122,751

Veterinary Medicine Experiment Station

$ 2,695,580 $ 2,695,580

Veterinary Medicine Teaching Hospital

$ 2,214,879 $

430,806

Joint Board of Family Practice

$ 5,447,570 $ 5,447,570

Georgia Radiation Therapy Center

$ 1,520,349 $

0

Athens and Tifton Veterinary Laboratories

$ 2,081,650 $

0

Regents Central Office Undistributed Total

$ 15,324,936

$

0

$ 336,275,818

$ 15,324,936

$

0

$ 129,849,466

C. Budget Unit: Georgia Public Telecommunications Commission Public Telecommunications Commission Budget: Personal Services ........................... Operating Expenses ......................... Total Funds Budgeted ....................... Other Funds ................................ State Funds Budgeted .......................

..... $7,285,500
. . . . . $4,721,000 $6,333,500
. . . . $11,054,500 ...... $3,769,000 ..... $7,285,500

1480

JOURNAL OF THE SENATE

Section 38. Department of Revenue.

Budget Unit: Department of Revenue .......................... . . $64,049,160

Operations Budget:

Personal Services ........................................... . $38,833,285

Regular Operating Expenses .................................

$1,307,300

Travel .................................................... ...... $1,367,000

Motor Vehicle Purchases

........ $233,000

Publications and Printing ................................... ...... $2,429,000

Equipment Purchases ...................................... ........ $381,400

Computer Charges ......................................... ...... $7,314,575

Real Estate Rentals ........................................ . $2,290,000

Telecommunications ........................................ ........ $583,600

Per Diem, Fees and Contracts ............................... ........ $215,000

County Tax Officials/Retirement and FICA ................... ...... $1,645,000

Grants to Counties/Appraisal Staff .......................... ...... $1,430,000

Motor Vehicle Tags and Decals .............................. ...... $3,670,000

Postage ...................................................

$2,350,000

Total Funds Budgeted ...................................... . . . . . $64,049,160

Indirect DOAS Services Funding ............................ ............. $0

State Funds Budgeted ...................................... . $64,049,160

Department of Revenue Functional Budgets

Total Funds

State Funds

Departmental Administration

$ 3,605,579 $ 3,605,579

Internal Administration

$ 8,413,838 $ 8,413,838

Electronic Data Processing

$ 6,728,704 $ 6,728,704

Field Services

$ 13,286,555 $ 13,286,555

Income Tax Unit

$ 5,829,025 $ 5,829,025

Motor Vehicle Unit

$ 13,158,770 $ 13,158,770

Central Audit Unit

$ 5,526,483 $ 5,526,483

Property Tax Unit

$ 3,832,070 $ 3,832,070

Sales Tax Unit

$ 3,668,136 $ 3,668,136

Total

$ 64,049,160 $ 64,049,160

Section 39. Secretary of State.

Budget Unit: Secretary of State .............................. ...... $18,713,248

Personal Services .......................................... ...... $12,239,613

Regular Operating Expenses ................................ ....... $1,696,901

Travel ................................................... ......... $227,000

Motor Vehicle Purchases ...................................

$118,000

Publications and Printing .................................. ......... $418,200

Equipment Purchases. ..................................... ......... $134,900

Computer Charges ........................................ ......... $394,300

Real Estate Rentals ....................................... ....... $1,776,100

Telecommunications ....................................... ......... $260,700

Per Diem, Fees and Contracts .............................. ......... $583,034

Election Expenses ......................................... ......... $500,000

Postage .................................................. ......... $364,500

Total Funds Budgeted ..................................... ...... $18,713,248

State Funds Budeeted .....................................

. $18.713.248

THURSDAY, MARCH 5, 1987

1481

Secretary of State Functional Budgets

Total Funds

Internal Administration

$ 2,706,432

Archives and Records

$ 4,213,239

Corporations Regulation

$ 1,714,823

Elections and Campaign Disclosure

$ 1,089,895

Securities Regulation

$ 1,356,877

Drugs and Narcotics

$

861,854

State Ethics Commission

$

214,584

Occupational Certification

$ 6,555,544

Total

$ 18,713,248

Occupational Certification Functional Budgets

Board

Costs

S.B. of Accountancy

$

194,741

S.B. of Architects

$

74,377

S.B. of Athletic Trainers

$

635

Georgia Auctioneers Commission

$

6,597

S.B. of Barbers

$

11,356

G.B. of Chiropractic Examiners

$

16,883

State Construction Industry Licensing Board

$

77,130

S.B. of Cosmetology

$

42,156

G.B. of Dentistry

$

51,250

G.B. of Examiners of Licensed Dieticians

$

13,539

S.B. of Professional Engineers and Land Surveyors

$

55,747

S.B. of Registration for Foresters

$

3,595

S.B. of Funeral Services

$

21,462

S.B. of Registration for Professional Geologists

$

3,688

S.B. of Hearing Aid Dealers and Dispensers

$

6,551

G.B. of Landscape Architects

$

21,374

S.B. for the Certification

of Librarians

2,872

Georgia Composite Board of Professional Counselors, Social Workers and Marriage and Family Therapists

$

30,958

Composite S.B. of Medical Examiners

$

147,223

State Funds

$ 2,706,432

$ 4,213,239

$ 1,714,823

$ 1,089,895

$ 1,356,877

$

861,854

$

214,584

$ 6,555,544

$ 18,713,248

Cost of

Operations

$

381,961

$

153,281

$

3,384

$

36,196

$

134,596

$

94,398

$

421,929

$

728,294

$

236,905

$

25,267

$

292,847

$

32,108

$

166,787

$

18,907

$

19,792

$

34,635

$

15,261

$

98,743

$ 1,141,058

1482

JOURNAL OF THE SENATE

S.B. of Nursing Home Administrators
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
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: 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 ...............

11,942 $ 71,044 $ 8,497 $
16,571 $ 8,256 $ 79,556 $ 12,265 $ 6,649 $ 6,632 $
48,634 $
12,622 $
14,461 $ 5,488 $
6,501 $
14,003 $

42,282 778,712 31,977
56,620 16,916 450,269 46,350 25,801 41,656
442,775
333,196
70,864 21,953
30,511
174,370

8,564 41,874

37,833 109,437

7,385 0
1,163,078

$

133,695

$

0

$ 6,881,566

$1,381,169

. $731,269 $112,900 $12,000 . $22,500 . $26,000
. . . . $9,200 $53,800 . $99,500 $300,200
. . $13,800 $1,381,169 $1,381,169

THURSDAY, MARCH 5, 1987

1483

Real Estate Commission Functional Budget

Real Estate Commission

State Funds 1,381,169

Cost of Operations
1,381,169

Section 40. 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 Higher Education Assistance Corporation

4,225,848 $ 382,500

Georgia Student Finance Authority

21,229,500

Total

25,837,848

$18,650,542
$3,369,318 $215,090 $58,000
........ $0 ... $112,000 .... $21,300
$309,540 $122,600 . . . . $18,000 $382,500 $3,650,000 $12,002,000 $4,933,500 . . . . $36,000 . . . $116,000 $240,000 $252,000 ........ $0 $25,837,848 $18,650,542
State Funds
0
275,000
18,375,542
18,650,542

Section 41. Soil and Water Conservation Committee. Budget Unit: Soil and Water Conservation Committee Soil and Water Conservation 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 .....................
County Conservation Grants Total Funds Budgeted State Funds Budgeted ............................

$1,352,396
$673,000 $99,000 $49,000 ......... $0 . . . . . $22,000 ...... $8,000 $3,000 $34,000 . . . . . $16,000 $126,000 .... $322,396 $1,352,396 . $1,352,396

Section 42. Teachers' Retirement System. Budget Unit: Teachers' Retirement System

$3,300,000

1484

JOURNAL OF THE SENATE

Departmental Operations Budget:

Personal Services....... ......... ....... .......................... $2,378,967

Regular Operating Expenses.......................................... $70,000

Travel ............................................................. $25,000

Motor Vehicle Purchases................................................. $0

Publications and Printing ............................................ $55,000

Equipment Purchases................................................. $9,000

Computer Charges ................................................. $791,800

Real Estate Rentals ................................................ $288,500

Telecommunications ................................................. $85,000

Per Diem, Fees and Contracts ....................................... $262,900

Postage ............................................................ $88,000

Cost-of-Living Increases for

Local Retirement System Members .............................. $2,200,000

Floor Fund for Local Retirement Systems

$1,100,000

Post Retirement Benefit Increases ........................................ $0

Total Funds Budgeted ............................................ $7,354,167

State Funds Budgeted ............................................ $3,300,000

Section 43. Department of Transportation. Budget Unit: Department of Transportation ........................ $432,676,703
For Public Roads and Bridges, for Grants to Counties for Road Construction and Maintenance, and for other transportation activities.
Departmental Operations Budget: Personal Services............................................... $190,502,357 Regular Operating Expenses...................................... $48,328,975 Travel .......................................................... $1,716,271 Motor Vehicle Purchases.......................................... $1,016,000 Publications and Printing ........................................... $470,084 Equipment Purchases............................................. $2,789,301 Computer Charges ............................................... $2,085,232 Real Estate Rentals .............................................. $1,075,968 Telecommunications .............................................. $1,955,802 Per Diem, Fees and Contracts ..................................... $9,050,600 Capital Outlay ................................................. $434,680,840 Grants to Counties ............................................... $9,317,013 Grants to Municipalities .......................................... $9,317,000 Capital Outlay--Airport Approach Aid and Operational Improvements ...................................... $1,355,000 Capital Outlay--Airport Development.............................. $1,370,000 Mass Transit Grants ............................................. $9,654,629 Savannah Harbor Maintenance Payments ............................ $799,250 Spoilage Area Acquisition, Clearing, Preparation and Dike Reconstruction ................................................... $0 G.O. Debt Sinking Fund ......................................... $30,000,000 Total Funds Budgeted .......................................... $755,484,322 State Funds Budgeted .......................................... $432,676,703

Department of Transportation Functional Budgets

Motor Fuel Tax Budget

Total Funds

Planning and Construction

$ 481,166,843

Maintenance and Betterments

$ 213,453,036

Facilities and Equipment

$ 4,317,032

Assistance to Counties

$ 9,317,013

State Funds $ 196,470,944 $ 195,023,328 $ 3,641,032 $ 9,317,013

THURSDAY, MARCH 5, 1987

1485

Administration Undistributed Total

$i 17,922,683

$;

0

$; 726,176,607

$ 17,547,683

$

0

$ 422,000,000

General Funds Budget
Grants to Municipalities
Paving at State and Local Schools and State Institutions
Paving at State Parks and Historic Sites
Air Transportation
Inter-Modal Transfer Facilities
Harbor Maintenance Facilities
Savannah Harbor Widening
Total

Total Funds $; 9,317,000

State Funds

$

317,000

$;

0$

0

$

231,000 $

231,000

$; 1,626,609 $ 1,146,609

$i 14,333,856 $ 5,182,844

3,799,250 $ 3,799,250

$1

0$

0

$i 29,307,715 $ 10,676,703

Section 44. Department of Veterans Service.

Budget Unit: Department of Veterans Service

$16,453,851

Departmental Operations Budget:

Personal Services ..........................

. . . . . $4,105,902

Regular Operating Expenses

........ $49,571

Travel ....................................

........ $82,000

Motor Vehicle Purchases ....................

............ $0

Publications and Printing

........ $21,000

Equipment Purchases. ......................

$117,000

Computer Charges .........................

......... $2,402

Real Estate Rentals ........................

$198,297

Telecommunications ........................

$58,000

Per Diem, Fees and Contracts

........ $11,000

Capital Outlay .............................

............ $0

Postage ...................................

... $33,000

Operating Expense/Payments to Central State Hospital

. $9,666,529

Operating Expense/Payments to Medical College of Georgia . . . . .

$5,125,000

Regular Operating Expenses for Projects and Insurance

....... $180,000

Total Funds Budgeted ......................

. . . . $19,649,701

State Funds Budgeted

. . . . $16,453,851

Veterans Service Functional Budgets

Veterans Assistance
Veterans Home and Nursing Facility-- Milledgeville
Veterans Nursing Home-- Augusta
Total

Total Funds $; 4,579,172
I1 9,852,529
$1 5,218,000 $i 19,649,701

State Funds $ 4,348,047
$ 8,003,804
$ 4,102,000 $ 16,453,851

Section 45. Workers' Compensation Board. Budget Unit: Workers' Compensation Board Operations Budget: Personal Services ...........................

. . . . . $6,555,500 . . . . . $5,207,048

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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

6,001,902

Vocational Rehabilitation

593,598

Total

6,595,500

. $106,731 $61,500
....... $0 $63,000 $33,730
. $267,991 $523,000 $90,500 . . $157,500 . $84,500 $6,595,500 $6,555,500
State Funds
5,961,902
593,598
6,555,500

Section 46. State of Georgia General Obligation Debt Sinking Fund. A. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (Issued)
............................................................. $219,870,962 B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (New) .
.............................................................. $42,652,500
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
Office/Lab facility for Natural Resources
Spoil Area Reconstruction Program--Dept. of Transportation
Local School Construction-- Dept. of Education
Replacement of Talmadge Bridge--Dept. of Transportation
Renovating, Constructing and Equipping Facilities-- Board of Regents
Water and Sewer Projects
AMCI Medical/Surgical Facility--Dept. of Corrections
Gracewood Food Service Building
Augusta RYDC Detention Facility

Principal Amount
2,650,000

Debt Service

$

265,000

$ 8,850,000 $

885,000

$ 184,585,000 $ 18,458,500

$ 26,000,000 $ 2,600,000

$ 30,000,000 $ $ 20,000,000 $

3,000,000 2,000,000

$ 1,515,000 $

$ 3,340,000 $

$

800,000 $

151,500 334,000 80,000

THURSDAY, MARCH 5, 1987

1487

Skilled Nursing Facility-- Veterans Service

$ 2,250,000 $

225,000

Fine Arts Building at North Georgia College

$

525,000 $

52,500

Railroad Relocation at Montezuma

$ 2,260,000 $

226,000

Probation Detention Centers

$ 4,700,000 $

470,000

Buford Prison

$ 20,000,000 $ 2,000,000

Public Libraries Construction

$ 9,000,000 $

900,000

Center for Continuing Education--Board of Regents

$ 1,600,000 $

160,000

Capitol Hill Office Building Improvements and Land Acquisition

$ 4,000,000 $

400,000

Vidalia, North Metro, Statesboro, Jesup AVT Schools

$ 25,170,000 $ 2,514,000

Developmental Highways

$ 45,000,000 $ 4,600,000

Student Center--Georgia Tech

$ 3,750,000 $

375,000

Four Laning and On-Systems Resurfacing and RehabilitationDept. of Transportation

$ 25,000,000 $ 2,500,000

Paving at State Parks, Schools, Institutions, Historic Sites and Other State Properties-- Dept. of Transportation

1,275,000 $

306,000

Atlanta Farmers Market

1,500,000 $

150,000

Section 47. 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 48. 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 for judges and employ ees of the Court.

Section 49. 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.

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Section 50. 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 51. Provisions Relative to Section 7, Institute of Continuing Judicial Educa tion. The appropriations in Section 7 (Institute of Continuing Judicial Education) are for the cost of staffing and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132.

Section 52. 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 53. Provisions Relative to Section 19, State Board of Education--Department of Education. The formula calculation for Quality Basic Education funding assumes a base unit cost of $1,367.00. In addition, all local school system allotments for Quality Basic Edu cation shall be made in accordance with funds appropriated by this Act.

From the Appropriations in Section 19 (State Board of Education, Department of Edu cation) relative to personal services, the Department is authorized to use funds not to ex ceed $177,000 for upgrading positions within the Department.

From the Appropriations in Section 19, funds are designated and committed for the purpose of Special Education Low-Incidence Grants to finance the direct instructional costs for low-incidence programs which are not covered by the QBE formula. The total of such grants will be determined under Board of Education policy IDDF and may not exceed $500,000 for FY 1988.

From the Appropriations in Section 19, funds in the amount of up to $352,000 are set-a side for extended year purposes. Funds are to be made available to local school systems on a 50/50 matching basis upon receipt of application and approval by the Department of Educa tion. In the event application totals exceed the availability of such funds, approved projects shall be funded on a pro-rata basis. Extended year activities include summer school, farm/ home projects, work-site development and supervision.

Provided, that of the above appropriation relative to 13% incentive grants to local school systems for implementing middle grades programs, such grants shall only be made to local school systems for those schools containing grades seven and eight or grades six, seven and eight which provide a minimum of 85 minutes of common preparation time during the student instructional day to each interdisciplinary team of teachers responsible for instruc tion in language arts, mathematics, science and social studies, which provided such common preparation time during the immediately preceding school year, and which meet criteria and standards prescribed by the State Board of Education for middle school programs.

Section 54. Provisions Relative to Section 20, Employees' Retirement System. The Employees' Retirement System is authorized to increase the employer contribution rate by sixteen one-hundredths of one percent of salaries to fund one and one-half percent cost of living increases on July 1, 1987, and January 1, 1988.

Section 55. Provisions Relative to Section 25, Department of Human Resources. The Department of Human Resources is authorized to calculate all Aid to Families with Depen dent Children benefit payments utilizing a factor of 71.75% of the standards of need; such AFDC payments shall be made from the date of certification and not from the date of appli cation; and the following maximum benefits and maximum standards of need shall apply:

Number in Asst. Group
1 2 3

Standards of Need
$202 306 366

Maximum Monthly Amount
$145 220 263

THURSDAY, MARCH 5, 1987

1489

4

432

310

5

494

354

6

536

385

7

580

416

8

616

442

9

648

465

10

694

498

11

742

532

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.

The Roosevelt Warm Springs Institute for Rehabilitation is authorized to use excess agency income for a repair and maintenance program.

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 shall not be expanded to levels which such increased Federal funding would not be sufficient to sustain in subsequent years.

From the appropriation in Section 25 (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.

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.

From the appropriation in Section 25 (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, 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.

Provided, that of the above appropriation relating to services for Alzheimer's clients, funding shall be distributed on a cost per slot basis.

It is the intent of this General Assembly to maintain the same level of direct treatment

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staff in the Extended Care and Forensic Programs of the MH/MR/SA institutions for Fiscal Year 1988 that was authorized in Fiscal Year 1987.
Section 56. Provisions Relative to Section 26, 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.
Section 57. Provisions Relative to Section 28, 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 58. Provisions Relative to Section 31, Merit System of Personnel Administra tion. The Department is authorized to assess no more than $141.70 per merit system budg eted position for the cost of departmental operations.
It is the intent of this General Assembly that the employer contribution rate for health insurance for State Fiscal Year 1988 shall not exceed eight percent (8.00%).
Section 59. Provisions Relative to Section 32, Department of Natural Resources. No land shall be purchased for State park purposes from funds appropriated in Section 32 (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 32.
From the appropriation in Section 32 (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 32, 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.
Section 60. Provisions Relative to Section 17, Department of Corrections. With re spect to the Legal Services Program for inmates, lawyers, law students and/or employees are prohibited from soliciting for filing of writs.
Section 61. Provisions Relative to Section 34, Department of Public Safety. 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 34, 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.
Section 62. Provisions Relative to Section 37, Regents, University System of Georgia. 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 pur poses 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

THURSDAY, MARCH 5, 1987

1491

funds and shall be available for use by the unit of the University System generating such income.
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 the Medical College of Georgia is authorized to apply agency funds to ward the cost of the design of buildings.
Section 63. Provisions Relative to Section 40, Georgia Student Finance Commission. From the appropriation in Section 40 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) Students in science, mathematics, foreign language and special education teacher fields of study: Not to exceed $525,000
D) Students who are to become agricultural teachers: Not to exceed $30,000
The appropriation in Section 40 relative to Tuition Equalization Grants provides for payment of grants of $875 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 64. Provisions Relative to Section 33 Board of Postsecondary Education. None of the State funds appropriated in Section 33 may be used for the purpose of planning, designing, constructing, or renovating an area vocational-technical school unless said school agrees to be governed by the State Board of Postsecondary Vocational Education.
Section 65. Provisions Relative to Section 43 Department of Transportation. As au thorized in the amended General Appropriations Acts for State Fiscal Year 1981 and 1985, $246,500,000 in principal amount of General Obligation bonds were sold for advance con struction of the Interstate System. Debt service on these bonds is being provided from Gen eral Fund Appropriations or Federal Interstate payback funds and $221,850,000 (90%) is to be repaid to the State from Federal Interstate Funds. $82,748,573 has been repaid leaving a balance due of $139,101,427. A $50,000,000 payment shall be applied during the State Fiscal Year 1988 to the $139,101,427 balance due leaving a principal balance due of $89,101,427 to be repaid to the State on Bonds that have been issued for advance construction of the Inter state System.
Section 66. In addition to all other appropriations for the State fiscal year ending June 30, 1988, there is hereby appropriated $3,450,000 for the purpose of providing funds for the operation of regional farmers' markets in the Department of Agriculture, and there is hereby appropriated $6,964,400 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 ($6,839,400 Budget Unit "B") 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 67. 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.

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Section 68. 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 69. 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 70. 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 71. 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 ex penditures as contemplated in this Appropriations Act.
Section 72. No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds.
Section 73. 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 74. 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 existing lease contracts 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 ap propriated for the State fiscal year addressed within this Act. If for any reason any of the sums herein provided under any other provision of this Act are insufficient to make the required payments in full, there shall be taken from other funds appropriated to the depart ment, 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.

THURSDAY, MARCH 5, 1987

1493

Section 75. (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, Publications and Printing, Equipment Purchases, Computer Charges, Real Es tate 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 76. Wherever in this Act the terms "Budget Unit Object Classes" or "Combined Object Classes For Section" are used, it shall mean that the object classification following such term shall apply to the total expenditures within the Budget Unit or combination of budget units within a designated section, respectively, and shall supersede the object classi fication shown in the Governor's Budget Report.

For budget units within the Legislative Branch, all transfers shall require prior ap proval of at least eight members of the Legislative Services Committee in a meeting of such Committee, except that no approval shall be required for transfers within the Senate Func tional Budget or the House Functional Budget.

Section 77. 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 78. Delayed Hiring Factor by Department.

DOAS

$0

Corrections

$0

GBI

$0

DHR "A"

$0

Public Safety

$0

PSC

$0

Regents "C"

$0

Secretary of State

$0

Section 79. Cost-of-Living Increases. In addition to all other appropriations for the State Fiscal Year ending June 30, 1988, there is hereby appropriated $107,683,579 for the purposes described herein: 1.) An increase of 2.5% for full-time employees of the Executive, Judicial and Legislative branches of state government, effective July 1, 1987; 2.) For teach-

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ers, Public librarians, and other instructional and support personnel, an increase from $16,800 to $17,304 for the T-4 entrance level, with first and second year teachers to be paid as those with two years of experience and with resumption of annual increments after com pletion of one year experience and performance based certification, effective the following month; 3.) For the teacher salary schedule to be adjusted to provide an increase in the longevity factor from 2.6% to 2.7%, effective September 1, 1987; 4.) For school bus drivers and lunchroom workers, a 2.5% increase to be effective July 1, 1987; 5.) For University System employees, a 2.5% salary increase to be effective September 1, 1987 for academic contracted personnel and for a 2.5% salary increase, effective July 1, 1987, for non-academic personnel and fiscal year contracted personnel of the University System and employees of the Athens and Tifton Veterinary Laboratories, the Poultry Veterinary Diagnostic Labora tories, the Cooperative Extension Service and the Agricultural Experiment Station; 6.) An increase of 2.5%, for State officials whose salary is set by Act 755 (H.B. 262) of the 1978 Regular Session of the Georgia General Assembly, as amended, as authorized in said act, Code Section 45-7-4.
In addition, $1,792,172 is provided for upgrading selected classifications as recom mended by the State Merit System and $2,000,000 is provided for two 1.5% cost-of-living adjustments for retired members of the Employee Retirement System Retired Employees.
Section 80. Capitol Hill Real Estate Rental Adjustments ......................... $2,700,000
Section 81. TOTAL STATE FUND APPROPRIATIONS State F.Y. 1988 ................................................. $5,772,000,000
Section 82. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 83. All laws and parts of laws in conflict with this Act are repealed.
Senator Coverdell of the 40th offered the following amendment:

Amend the substitute to HB 226 offered by the Senate Committee on Appropriations by striking on page 17, line 25 the number $2,138,423,157 and inserting in lieu thereof the number $2,146,023,157; by striking on page 18, line 27 the number $3,000,000 and inserting in lieu thereof the number $10,600,000; by striking on page 20, line 16, the number $2,419,792,256 and inserting in lieu thereof the number $2,427,392,256; by striking on page 20, line 19 the number $2,138,423,157 and inserting in lieu thereof $2,146,023,157; by strik ing on page 20, line 33 the number $2,357,813,283 and $2,089,410,416 and inserting in lieu thereof the number $2,365,413,283 and $2,097,010,416 respectively; by striking on page 21, line 6 the numbers $2,419,792,256 and $2,138,423,157 and inserting in lieu thereof numbers $2,427,392,256 and $2,146,023,157 respectively; by striking on page 65, line 8 the number $42,652,500 and inserting in lieu thereof the number $45,052,500; and inserting on page 66, between lines 30 and 31 the following "Department of Transportation -- $10,000,000 -- $2,400,000";
and
by striking on page 62, line 5 the number $434,680,840 and inserting in lieu thereof the number $424,680,000; and by striking on page 62, line 20 the number $755,484,322 and in serting in lieu thereof the number $745,484,322.

On the adoption of the amendment, Senator Starr of the 44th 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 Edge

Engram Harrison Land

Newbill Phillips Tolleson

THURSDAY, MARCH 5, 1987

1495

Those voting in the negative were Senators:

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

Echols English Fincher Garner Gillis Harris
Hudgins Huggins Kidd Langford McGill McKenzie

Olmstead Peevy Perry Ragan Ray Scott of 2nd & 0Shumake Starr
Timmons Turner Walker

Those not voting were Senators:

Bryant Foster

Howard Kennedy (

ding)

Stumbaugh Tysinger

On the adoption of the amendment, the yeas were 9, nays 40, and the amendment was lost.

On the adoption of the substitute, the yeas were 36, nays 4, and the substitute was adopted.

The President resumed the Chair.

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 Garner Gillis Harris Harrison Hine 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

Voting in the negative was Senator Tolleson.

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JOURNAL OF THE SENATE

Those not voting were Senators:

Bryant

Foster

Howard

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

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

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

Mr. President:

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

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

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 House amendment to SB 216 was as follows:

Amend SB 216 by striking the figure "260" on line 9 of page 1 in its entirety and substi tuting in lieu thereof the figure "620".

Senator Kidd of the 25th moved that the Senate agree to the House amendment to SB 216.

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 Burton Coleman Coverdell Crumbley Dawkins

Deal Dean Echols Edge Engram Fincher Garner Gillis Harris Harrison Hine Hudgins

Huggins Kennedy Kidd Land Langford McGill McKenzie Newbill Olmstead Perry Phillips Ray

THURSDAY, MARCH 5, 1987

1497

Scott of 2nd Scott of 36th Shumake Starr

Stumbaugh Tate Timmons Tolleson

Turner Tysinger Walker

Those not voting were Senators:

Barker Barnes Bryant

English Foster Howard

Peevy Ragan

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 216.

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

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.

The House substitute to SB 286 was as follows:

A BILL
To be entitled an Act to amend Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to licensure of physicians, so as to provide for the issuance of licenses to teach or demonstrate medicine; to require the Composite State Board of Medical Examiners to investigate a licensee's fitness to practice medicine if the board receives cer tain notifications regarding judgments or settlements relating to medical malpractice claims or relating to the practice of medicine; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to licensure of physicians, is amended by adding after Code Section 43-34-29 a new Code section to read as follows:
"43-34-29.1. Notwithstanding any other law to the contrary, the board may issue, in its discretion, without examination, a teacher's license to licensed physicians of other states and foreign countries for the sole purpose of teaching or demonstrating medicine in a board approved medical college or its affiliated clinic in this state."
Section 2. Said article is further amended by adding at the end of Code Section 43-3437, relating to disciplinary sanctions by the Composite State Board of Medical Examiners, a new subsection to read as follows:
"(i) The board shall investigate a licensee's fitness to practice medicine if the board has received regarding that licensee a notification, pursuant to Code Section 33-3-27, of a medi cal malpractice judgment or settlement in excess of $200,000.00 or a notification pursuant to Code Section 33-3-27 that there have been two or more previous judgments against or set tlements with the licensee relating to the practice of medicine."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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Senator Hine of the 52nd moved that the Senate agree to the House substitute to SB 286 as amended by the following amendment:

Amend the House substitute to SB 286 by striking line 5 of page 2 and inserting the following:
"settlement in excess of $100,000 or a notification";
and by inserting before line 9 on page 2 the following:
"Every licensee shall notify the board of any settlement involving the licensee and re lating to the practice of medicine in excess of $10,000.00."
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 Brannon Broun of 46th Brown of 47th Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols

Edge English Engram Garner Gillis Harris Harrison Hine Hudgins Huggins Kennedy Kidd Land Langford McKenzie Newbill

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

Those not voting were Senators:

Bowen Bryant Fincher

Foster Howard

McGill Scott of 36th

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 286 as amended by the Senate.

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

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 House substitute to SB 206 was as follows:

A BILL
To be entitled an Act 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

THURSDAY, MARCH 5, 1987

1499

to change the provisions relating to wholesale fish dealers' licenses; to change the annual license fees for nonresident or alien wholesale fish dealers; to change the provisions relating to exemptions; to repeal Code Section 27-4-74.1 of the Official Code of Georgia Annotated, relating to food fish dealers; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. 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, is amended by striking Code Section 26-2-312, relating to wholesale fish dealers' licenses, inspection fees, and ex ceptions, and inserting in lieu thereof a new Code Section 26-2-312 to read as follows:

"26-2-312. (a) No person, firm, association of persons, or corporation shall be authorized or permitted to engage in the business of wholesale fish dealer in this state without first having paid to the Commissioner of Agriculture the annual license fees required in this Code section and having procured a license from the Commissioner authorizing such person to engage in the business of wholesale fish dealer. The annual license fee applicable to and required of wholesale fish dealers shall be as follows:

(1) The annual license fee for each resident wholesale fish dealer shall be $50.00 for each place of business, fixed or movable;

(2) The annual license fee for each nonresident or alien wholesale fish dealer shall be $50.00 until July 1, 1988, and $500.00 on and after July 1, 1988, for each place of business, fixed or movable, provided that the annual license fee for each nonresident or alien whole sale fish dealer shall be $50.00 on and after July 1, 1988, for each such dealer who is a resident of a state which has entered into a reciprocal agreement with the Commissioner of Agriculture of the State of Georgia to limit the fees which such state charges to Georgia residents who are wholesale fish dealers to not more than $50.00 per annum.

(b) Each truck or movable unit from which fish are sold at wholesale shall be deemed a place of business within the meaning of this article.

(c) A resident who produces the fish and other seafood he sells at retail or wholesale shall not be required to pay the license fee provided in paragraph (1) of subsection (a) of this Code section; nor shall any commercial fisherman licensed to catch fish or seafood by the state game and fish laws, rules, and regulations be required to pay the license fee pro vided for in this Code section."

Section 2. Code Section 27-4-74.1 of the Official Code of Georgia Annotated, relating to food fish dealers, which reads as follows:

"27-4-74.1. (a) As used in this Code section, the term:

(1) 'Nonresident food fish dealer' means a person residing outside of the State of Geor gia who at any time sells dead fish within this state for consumption as food, either directly to consumers as a retailer or to other persons for resale to consumers.

(2) 'Person' shall have the meaning specified by paragraph (50) of Code Section 27-1-2.

(3) 'Resident' shall have the meaning specified by paragraph (60) of Code Section 27-12.

(4) 'Resident food fish dealer' means a person residing within the State of Georgia who at any time sells dead fish within this state for consumption as food, either directly to con sumers as a retailer or to other persons for resale to consumers.

(b) Except as otherwise provided in subsection (c) of this Code section, it shall be un lawful for any person to engage in business as a resident or nonresident food fish dealer without first obtaining an annual license from the department as follows:

(1) Resident food fish dealer

...... $50.00

(2) Nonresident food fish dealer

......

$500.00

(c) A licensed commercial fish hatchery shall not be required to obtain the license re-

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JOURNAL OF THE SENATE

quired by this Code section to sell fish as authorized by Code Section 27-4-75. However, any person purchasing fish from a commercial fish hatchery under the authority of Code Section 27-4-75 who sells such fish for consumption as food within this state shall be required to obtain a license under this Code section. Any person shipping fish into this state under the authority of subsection (b) of Code Section 27-4-74 who sells such for consumption as food within this state shall be required to obtain a license under this Code section. Persons sell ing fish from fish ponds under the authority of subsection (c) of Code Section 27-4-74 shall not be required to obtain a license under this Code section.", is repealed in its entirety.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Gillis of the 20th moved that the Senate agree to the House substitute to SB 206.

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 Brannon Broun of 46th Brown of 47th Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols

Edge Engram Fincher Garner Gillis Harris Harrison Hine Hudgins Huggins Kennedy Kidd Land 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 Bryant English

Foster Howard

Langford McGill

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 206.

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

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.

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1501

The House amendment was as follows:

Amend SB 301 by inserting on line 4 of page 2 between "1987" and "." the following:
", and to any person convicted prior to such date who has not been committed to an institution operated by the Department of Corrections".

Senator Hudgins of the 15th moved that the Senate agree to the House amendment to SB 301.

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin
Barker Barnes Bwen BBrroanunnoonf 46th Brown of 47th Burton Coleman Crumbley Dawkins Dean

Echols Fincher Hine
Hudgins Huggins Kennedy v^idud Land McKenzie Olmstead Peevy Perry Phillips

Ragan Ray Scott of 2nd
Scott of 36th Shumake Starr So*tumbuaughu Tate Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Bryant Coverdell Deal Edge English

Engram Foster Garner Gillis Harris

Harrison Howard Langford McGill Newbill

On the motion, the yeas were 40, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 301.

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

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.

The House amendment was as follows:

Amend SR 7 by changing "1987" to "1989" on line 17, page 2.

Senator Kidd of the 25th moved that the Senate disagree to the House amendment to SR7.

On the motion, the yeas were 34, nays 3; the motion prevailed, and the Senate disagreed to the House amendment to SR 7.

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JOURNAL OF THE SENATE

The following bill of the House was taken up for the purpose of considering the House action thereon:
HB 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.
Senator Edge of the 28th moved that the Senate adhere to the Senate substitute to HB 17, and that a Conference Committee be appointed.
On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 17.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Edge of the 28th, Dawkins of the 45th and Peevy of the 48th.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
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.
The House substitute to SB 92 was as follows:
A BILL
To be entitled an Act to amend Code Section 40-5-55 of the Official Code of Georgia Annotated, relating to implied consent to chemical tests 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 trans mitted to the Department of Public Safety within ten days after the date of the arrest of such person; to provide for reports transmitted later than ten days after arrest; to provide that the period of suspension shall run after exhaustion of administrative appeals; to pro vide for definitions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 40-5-55 of the Official Code of Georgia Annotated, relating to implied consent to chemical tests and suspension of drivers' licenses for refusal to submit to tests, is amended by striking in its entirety subsection (c) and inserting in its place a new subsection (c) to read as follows:
"(c) If a person under arrest refuses, upon the request of a law enforcement officer, to submit to a chemical test designated by the law enforcement officer as provided in subsec tion (a) of this Code section, no test shall be given; but the department, upon the receipt of a sworn report of the law enforcement officer that he had reasonable grounds to believe the arrested person had been driving or was in actual physical control of a motor vehicle upon

THURSDAY, MARCH 5, 1987

1503

the highways or elsewhere throughout' this state in violation of Code Section 40-6-391 and that the person had refused to submit to the test upon the request of the law enforcement officer, shall in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Proce dure Act,' and except as otherwise provided in this Code section, notify the person that his license is to be suspended, subject to review as provided for in this chapter. The sworn report required by this subsection of a law enforcement officer regarding the refusal of an arrested person to submit to a chemical test shall be transmitted to the department within ten days after the date of the arrest of such person, and the period of suspension shall begin to run only after all administrative hearings and appeals have been exhausted. Any report of a law enforcement officer which has been transmitted to or received by the department more than ten days after the arrest shall be filed by the department for record purposes only, and no action shall be taken by the department. As used in this subsection, the term 'transmit ted' shall mean deposited with the United States Postal Service, and a report under this subsection shall be deemed to have been transmitted within the ten-day period if it is post marked on or before the tenth day after the date of arrest."
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 92.

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes
Bwen
n Broun,of 46*tuh Brown of 47th Burton
Coleman Crumbley Dawkins Dean Echols

Edge English Fincher Gillis Harris
Hfo .
Huggins Kennedy Kidd Land Langford McGill McKenzie Olmstead

Peevy Phillips Ragan Rav Scott of 2nd
Scott of 36th S,, humake o.u Stumbaugh
Tate Timmons Tolleson Turner Walker

Those not voting were Senators:

Bryant Coverdell Deal Engram

Foster Garner Harrison Howard

Newbill Perry Tysinger

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 92.

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

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

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JOURNAL OF THE SENATE

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 House amendments were as follows:
Amendment No. 1:
Amend SB 119 by striking from lines 17 and 18 of page 1 the following:
"or the payment thereof.
Amendment No. 2:
Amend SB 119 by adding after the word "tax" on line 16, page 1, the words "as a result of income gained in any illegal activity for which the person is convicted of a felony under the laws of the State of Georgia or".
Amendment No. 3:
Amend SB 119 by inserting on line 17, page 1, after the word "interest" the words
"in excess of $2,000.00".
Senator Barnes of the 33rd moved that the Senate disagree to the House amendments to SB 119.
On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate disagreed to the House amendments to SB 119.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
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 House substitute to SB 112 was as follows:
A BILL
To be entitled an Act 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 16; to provide exceptions; to provide a penalty; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 5 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to cruelty to children, is amended by adding at the end thereof a new Code Section 16-5-71 to read as follows:
"16-5-71. (a) It shall be unlawful for any person to tattoo the body of any person under the age of 16, except that a physician or osteopath licensed under Chapter 34 of Title 43, or a technician acting under the direct supervision of such licensed physician or osteopath, and in compliance with Chapter 9 of Title 31 shall be authorized to mark or color the skin of any person under the age of 16 by pricking in coloring matter or by producing scars for medical or cosmetic purposes.
(b) Any person violating the provisions of subsection (a) of this Code section shall be guilty of a misdemeanor."

THURSDAY, MARCH 5, 1987

1505

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 Burton of the 5th moved that the Senate agree to the House substitute to SB 112.

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

Those voting in the affirmative were Senators:

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

Edge English Fincher Gillis Harris Hine Huggins Kennedy Kidd Land Langford McGill McKenzie Newbill

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

Those voting in the negative were Senators:

Dawkins Deal

Hudgins Peevy

Starr

Those not voting were Senators:

Brown of 47th Coleman Engram

Foster Garner Harrison

Howard Shumake

On the motion, the yeas were 42, nays 5; the motion prevailed, and the Senate agreed to the House substitute to SB 112.

The following resolution of the House was read and put upon its adoption:

HR 402. By Representative Murphy of the 18th:
A resolution relative to adjournment by the General Assembly at 5:00 o'clock P.M. on Friday, March 6, and to reconvene at 10:00 o'clock A.M. on Monday, March 9.

On the adoption of the resolution, the yeas were 33, nays 0.

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

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

HB 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.
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 Coverdell Crumbley Dawkins Deal Dean

Echols Edge English Engram Fincher Gillis Harris Harrison Hine Hudgins Huggins Kennedy Kidd Land McGill

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

Those not voting were Senators:

Burton Coleman Foster Garner

Howard Langford Newbill

Peevy Ragan Shumake

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

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.

THURSDAY, MARCH 5, 1987

1507

The Conference Committee report on HB 87 was as follows:

The Committee of Conference on HB 87 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 87 be adopted.
Respectfully submitted,

FOR THE SENATE:
/a/ Roy E. Barnes Senator, 33rd District
/s/ Loyce W. Turner Senator, 8th District
/s/ Harrill L. Dawkins Senator, 45th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Tom Crosby, Jr. Representative, 150th District
/s/ Thomas M. Kilgore Representative, 42nd District
/s/ Honorable William J. Dover Representative, llth District

Conference Committee 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 extensively revise provisions relating to Georgia income tax; to revise provisions relating to Georgia estate tax; to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and to thereby incorporate provisions of federal law into Georgia law; to provide that terms used in the Georgia law shall have the same meaning as when used in a comparable provision or context in federal law; to provide for the method of computation of Georgia taxable income and the rate of income taxation and credits against taxes; to provide for returns and withholding; to provide for certain elections; to provide for other matters related to the foregoing; to make conforming amend ments to numerous other provisions of the Official Code of Georgia Annotated so as to re flect the enactment of the Internal Revenue Code of 1986; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Reve nue Code," is amended by striking paragraph (14) of Code Section 48-1-2, relating to defini tions of terms, and inserting in its place a new paragraph to read as follows:
"(14) 'Internal Revenue Code' or 'Internal Revenue Code of 1986' means the United States Internal Revenue Code of 1986 provided for in federal law enacted on or before Janu ary 1, 1987. In the event a reference is made in this title to the Internal Revenue Code or the Internal Revenue Code of 1954 as it existed on a specific date prior to January 1, 1987, the term means the Internal Revenue Code of 1954 as it existed on the prior 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 1986."
Section 2. Said title is further amended by striking Article 2 of Chapter 7, relating to imposition, rate, and computation of and credits against Georgia income tax, and inserting in its place a new article to read as follows:
"ARTICLE 2
48-7-20. (a) A tax is imposed upon every resident of this state with respect to the Geor gia taxable net income of the taxpayer as defined in Code Section 48-7-27. A tax is imposed upon every nonresident with respect to his Georgia taxable net income not otherwise ex empted which is received by the taxpayer from services performed, property owned, or from business carried on in this State. Except as otherwise provided in this chapter, the tax im posed by this subsection shall be levied, collected, and paid annually.

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(b) (1) The tax imposed pursuant to subsection (a) of this Code section shall be com puted in accordance with the following tables:

SINGLE PERSON

If Georgia Taxable Net Income Is:

The Tax Is:

Not over $750.00 ........................

1%

Over $750.00 but not over $2,250.00 ......................... $7.50 plus 2% of amount over $750.00

Over $2,250.00 but not over $3,750.00 ......................... $37.50 plus 3% of amount over $2,250.00

Over $3,750.00 but not over $5,250.00 ......................... $82.50 plus 4% of amount over $3,750.00
Over $5,250.00 but not over $7,000.00 ......................... $142.50 plus 5% of amount over $5,250.00
Over $7,000.00 ........................... $230.00 plus 6% of amount over $7,000.00

MARRIED PERSON FILING A SEPARATE RETURN

If Georgia Taxable Net Income Is:

The Tax Is:

Not over $500.00 ........................

1%

Over $500.00 but not over $1,500.00 ......................... $5.00 plus 2% of amount over $500.00

Over $1,500.00 but not over $2,500.00 ......................... $25.00 plus 3% of amount over $1,500.00

Over $2,500.00 but not over $3,500.00 ......................... $55.00 plus 4% of amount over $2,500.00
Over $3,500.00 but not over $5,000.00 ......................... $95.00 plus 5% of amount over $3,500.00
Over $5,000.00 ........................... $170.00 plus 6% of amount over $5,000.00

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HEAD OF HOUSEHOLD AND MARRIED PERSONS FILING A JOINT RETURN

If Georgia Taxable Net Income Is:

The Tax Is:

Not over $1,000.00 .. .....................

1%

Over $1,000.00 but not over $3,000.00 ......................... $10.00 plus 2% of amount over $1,000.00

Over $3,000.00 but not over $5,000.00 ......................... $50.00 plus 3% of amount over $3,000.00

Over $5,000.00 but not over $7,000.00

$110.00 plus 4% of amount over $5,000.00

Over $7,000.00 but not over $10,000.00 ........................ $190.00 plus 5% of amount over $7,000.00

Over $10,000.00 .......................... $340.00 plus 6% of amount over $10,000.00

(2) To facilitate the computation of the tax by those taxpayers whose federal adjusted gross income together with the adjustments set out in Code Section 48-7-27 for use in arriv ing at Georgia taxable net income is less than $10,000.00, the commissioner may construct tax tables which may be used by the taxpayers at their option. The tax shown to be due by the table shall be computed on the bases of the standard deduction and the tax rates speci fied in paragraph (1) of this subsection. Insofar as practicable, the tables shall produce a tax approximately equivalent to the tax imposed by paragraph (1) of this subsection.

(c) The amount deducted and withheld by an employer from the wages of an employee pursuant to Article 5 of this chapter, relating to current income tax payments, shall be allowed the employee as a credit against the tax imposed by this Code section. Amounts paid by an individual as estimated tax under Article 5 of this chapter shall constitute pay ments on account of the tax imposed by this Code section. The amount withheld or paid during any calendar year shall be allowed as a credit or payment for the taxable year begin ning in the calendar year in which the amount is withheld or paid.
(d) The tax imposed by this Code section applies to the Georgia taxable net income of estates and trusts, which shall be computed in the same manner as in the case of a single individual. The tax shall be computed on the Georgia taxable net income and shall be paid by the fiduciary.
48-7-21. (a) Every domestic corporation and every foreign corporation shall pay annu ally an income tax equivalent to 6 percent of its Georgia taxable net income. Georgia taxable net income of a corporation shall be the corporation's taxable income from property owned or from business done in this state. A corporation's taxable income from property owned or from business done in this state shall consist of the corporation's taxable income as defined in the Internal Revenue Code of 1986, with the adjustments provided for in subsection (b) of this Code section and allocated and apportioned as provided in Code Section 48-7-31.
(b) (1) (A) When interest income is derived from obligations of any state or political subdivision except this state and political subdivisions of this state, the interest income shall be added to taxable income to the extent that the interest income is not included in gross income for federal income tax purposes. Interest or dividends on obligations of any authority, commission, instrumentality, territory, or possession of the United States which by the laws of the United States are exempt from federal income tax but not from state income tax shall also be added to taxable income.

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(B) There shall be subtracted from taxable income interest or dividends on obligations of the United States and its territories and possessions or of any authority, commission, or instrumentality of the United States to the extent such interest or dividends are includable in gross income for federal income tax purposes but exempt from state income taxes under the laws of the United States. There shall also be subtracted from taxable income any in come derived from the authorized activities of a domestic international banking facility op erating pursuant to the provisions of Article 5A of Chapter 1 of Title 7, the 'Domestic Inter national Banking Facility Act,' and any income arising from the conduct of a banking business with persons or entities located outside the United States, its territories, or posses sions. Any amount subtracted pursuant to this subparagraph shall be reduced by any ex penses directly attributable to the production of the interest or dividend income.
(2) There shall be added to taxable income any taxes on, or measured by, net income or net profits paid or accrued within the taxable year imposed by the authority of the United States or any foreign country, by any state except the State of Georgia, or by any territory, county, school district, municipality, or other tax subdivision of any state, territory, or for eign country to the extent such taxes are deducted in determining federal taxable income.
(3) No portion of any deductions or losses which occurred in a year in which the tax payer was not subject to taxation in this state including, but not limited to, net operating losses may be deducted in any tax year. When the federal adjusted gross income or net income of a corporation includes such deductions or losses, an adjustment deleting them shall be made under rules established by the commissioner. The provisions of this subsec tion shall not prohibit the carry-over of any deductions or losses including, but not limited to, net operating losses of any taxpayer which were incurred in a year or years in which the taxpayer was subject to methods of taxation in this state other than the corporate income tax.
(4) Income, losses, and deductions previously used in computing Georgia taxable in come shall not again be used in computing Georgia taxable income. The commissioner shall provide for needed adjustments by regulation.
(5) When on the sale or exchange of real or tangible personal property located in this state gain or loss is not recognized because the taxpayer receives or purchases similar prop erty, the nonrecognition shall be allowed only when the property is replaced with property located in this state.
(6) This article shall not be construed to repeal any tax exemptions contained in other laws of this state not referred to in this article. Those exemptions and the exemptions pro vided for by federal law and treaty shall be deducted on forms provided by the commissioner.
(7) All elections made by corporate taxpayers under the Internal Revenue Code of 1954 or the Internal Revenue Code of 1986 shall also apply under this article except elections involving consolidated corporate returns and Subchapter 'S' elections which shall be treated as follows:
(A) (i) If two or more corporations file federal income tax returns on a consolidated basis and all of the corporations derive all of their income from sources within this state, the corporations must file consolidated returns for Georgia income tax purposes. Affiliated cor porations which file a consolidated federal income tax return but which derive income from sources outside this state must file separate income tax returns with this state unless they have prior approval or have been requested to file a consolidated return by the department.
(ii) No depository financial institution, as defined in Code Section 48-6-20, shall be de prived of the benefit of any exemption, deduction, or credit authorized by this title as a consequence of its election to file otherwise lawful consolidated returns with its parent or ganization or any corporate subsidiaries with respect to any state or local tax levied against such depository financial institution as a result of this title;
(B) Subchapter 'S' elections apply only if all stockholders are subject to tax in this state

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on their portion of the corporate income. If all nonresident stockholders pay the Georgia income tax on their portion of the corporate income, the election shall be allowed.
(8) There shall be subtracted from taxable income dividends received by:
(A) A corporation from sources outside the United States as defined in the Internal Revenue Code of 1986. The amount subtracted under this subparagraph shall be reduced by any expenses directly attributable to the dividend income; and
(B) Corporations from affiliated corporations within the United States, when the corpo ration receiving the dividends is engaged in business in this state and is subject to the pay ment of taxes under the income tax laws of this state, to the extent that the dividends have been included in net income under this Code section. Dividends from affiliates shall be re duced by any expenses directly attributable to the dividend income.
(9) Where a corporation's salary and wage deductions are reduced in computing federal taxable income because the corporation has taken a federal jobs tax credit which required, as a condition to using the federal jobs tax credit, the elimination of salary and wage deduc tions, the eliminated salary and wage deductions shall be subtracted from taxable income.
(10) There shall be a dollar-for-dollar credit against the state income tax liability of depository financial institutions which shall be equal to the amount of taxes, if any, paid by such taxpayers pursuant to Code Section 48-6-93 and Code Section 48-6-95. If the liability of any such institutions under the taxes authorized by Code Section 48-6-93 and Code Sec tion 48-6-95 exceeds the corporate income tax liability of such institution for any year, the amount of any unused credit under this Code section may be credited over a period of five years from the tax year in which the unused credit arose.
(11) There shall be subtracted from taxable income a portion of qualified payments to minority subcontractors, as provided in Code Section 48-7-38.
(12) Georgia taxable income shall, if the taxpayer so elects, be adjusted with respect to federal depreciation deductions as provided in Code Section 48-7-39.
48-7-22. (a) The tax imposed by this chapter shall be:
(1) Imposed upon resident fiduciaries and upon nonresident fiduciaries:
(A) Receiving income from business done in this state;
(B) Managing funds or property located in this state; or
(C) Managing funds or property for the benefit of a resident of this state;
(2) Imposed upon fiduciaries subject to the tax at the rates provided in this article for single individuals;
(3) Levied, collected, and paid annually with respect to:
(A) That part of the net income of an estate or trust which has not become distributa ble during the taxable year. It is the purpose of this Code section to tax fiduciaries or bene ficiaries on all income otherwise taxable under this chapter. Income received by a resident fiduciary shall not be subject to the tax imposed by this chapter when the income is accu mulated for, is distributed, or becomes distributable during the taxable year to a nonresi dent of this state and when the income was received from business done outside this state, property held outside this state, or intangible property, other than from the licensing for use of the property, held by a fiduciary, including, but not limited to, gains from the sale or exchange of the property. No return of income exempt under this subparagraph shall be required;
(B) The taxable net income received during the taxable year by a deceased individual who at the time of death was a taxpayer and who died during the taxable year or subse quent to the taxable year without having made a return; and
(C) The entire taxable net income of an insolvent or incompetent person, whether or

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not any portion of the taxable net income is held for the future use of the beneficiaries, when the fiduciary has complete charge of the net income.
(b) The net income of the estate or trust shall be computed in the same manner and on the same basis as in the case of an individual.
(c) If the taxable year of a beneficiary is different from that of the estate or trust, the amount which the beneficiary is required to include in computing his net income shall be based upon the income of the estate or trust for any taxable year of the estate or trust ending with or within the beneficiary's taxable year.
(d) The tax imposed upon a fiduciary shall be a charge against the estate or trust.
48-7-23. The net income of a partnership shall be computed in the same manner and on the same basis as in the case of an individual except that the deduction of contributions for charitable purposes allowed by the Internal Revenue Code of 1986 shall not be allowed. Individuals carrying on business in partnership shall be liable for income tax only in their individual capacity; and each partner shall include in his individual return his distributive shares, whether distributed or not, of the net income of the partnership for the taxable year. If the taxable year of a partner is different from that of the partnership, the amount in cluded in a partner's individual return shall be based upon the income of the partnership for the taxable year of the partnership ending with or within the partner's taxable year.
48-7-24. (a) When one or more of the individual members of a partnership doing busi ness in this state are nonresidents of this state, the nonresidents shall be taxable on their share of the net profits of the partnership.
(b) When one or more of the individual members of a partnership doing business outside this state are residents of this state, the residents shall include in their individual returns their distributable share, whether distributed or not, of the net income of the part nership for the taxable year.
48-7-25. (a) The following organizations shall be exempt from taxation imposed by Code Section 48-7-21 unless the exemption is denied under subsection (b) or (c) of this Code section:
(1) Those organizations described by Section 501(c), 501(d), 501(e), 664, or 401 of the Internal Revenue Code of 1986. Organizations described in this paragraph shall be exempt from taxation for state purposes in the same manner and to the same extent as for federal purposes; and
(2) Insurance companies which pay to the state a tax upon premium income.
(b) (1) An organization requesting exemption under paragraph (1) of subsection (a) of this Code section shall file a written application with the commissioner. The commissioner shall issue a determination letter or ruling to an organization requesting the exemption and shall either grant or disallow the requested exempt status. Until a determination letter granting exempt status is issued by the commissioner, no exempt status shall exist. Those organizations which have an exempt status in effect under Section 501(c), 501(d), 501(e), 664, or 401 of the Internal Revenue Code of 1986 on January 1, 1987, shall retain the ex empt status unless revoked as provided by law. The commissioner may issue rules governing the filing of written applications and the issuance of determination letters.
(2) (A) The commissioner may revoke the exempt status of any organization described in paragraph (1) of subsection (a) of this Code section when:
(i) The Internal Revenue Service revokes the exempt status of the organization;
(ii) The organization ceases to be organized or operated in the manner in which it was organized or operated at the time the exempt status was granted;
(iii) The organization engages in any prohibited transaction as set forth in the Internal Revenue Code of 1986; or

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(iv) There is any material change in the character or purpose of the organization or in the mode of operation of the organization.
(B) Revocation of an exempt status shall revoke the exempt status retroactively to the time of the occurrence of the disqualifying event or events. All exempt organizations shall immediately notify the commissioner in writing of the occurrence of any of the disqualifying events described in subparagraph (A) of this paragraph or of receipt by the organization of a notice of intent to terminate its exempt status by the Internal Revenue Service. The statute of limitations governing the assessment of any taxes determined to be due this state due to the revocation of exempt status shall be tolled as of the date of the occurrence of the dis qualifying event or events described in subparagraph (A) of this paragraph. The commis sioner at any time may require an organization which is exempt from taxation to file an information return stating the organization's gross income, receipts, disbursements, accumu lation of income, and other data deemed necessary for the proper administration of this Code section.
(c) (1) A tax is imposed on income of an organization exempted pursuant to paragraph (1) of subsection (a) of this Code section when the income is derived from trade or business which is not related to exempt purposes of organizations described in paragraph (1) of sub section (a) of this Code section. This income shall be referred to as unrelated business in come and shall be the income which is defined in Section 512 of the Internal Revenue Code of 1986. The tax imposed on unrelated business income shall be at the rate provided in Code Section 48-7-21.
(2) If an organization is exempt under Section 501(c)(4) of the United States Internal Revenue Code of 1986, if the organization makes payments of death benefits as a result of the death of a member of the organization, and if payments have been made by the organi zation for at least five years prior to January 1, 1977, the payments shall be deductible from the unrelated business income tax which might be owed by the organization. The payment of such death benefits shall not operate to generate a rebate or a refund. If the amount of death benefits paid within the taxable year exceeds the unrelated business income tax owed for the same taxable year, the excess may be carried forward for a period of five years.
48-7-26. (a) As used in this Code section, the term 'dependent' shall have the same meaning as in the Internal Revenue Code of 1986.
(b) (1) An exemption of $3,000.00 shall be allowed as a deduction in computing Georgia taxable income of a taxpayer and spouse, but only if a joint return is filed.
(2) An exemption of $1,500.00 shall be allowed as a deduction in computing Georgia taxable income for each taxpayer other than a taxpayer who files a joint return and for each dependent of any taxpayer.
(c) No exemption shall be allowed under this Code section for any dependent who has made a joint return with his spouse for the taxable year beginning in the calendar year in which the taxable year of the taxpayer begins.
(d) A deduction in lieu of a personal exemption deduction shall be allowed an estate or a trust as follows:
(1) An estate--$1,500.00; and
(2) A trust--$750.00.
48-7-27. (a) Georgia taxable net income of an individual shall be the taxpayer's federal adjusted gross income, as defined in the United States Internal Revenue Code of 1986, less:
(1) Either the sum of all itemized nonbusiness deductions used in computing federal taxable income if the taxpayer used itemized nonbusiness deductions in computing federal taxable income or, if the taxpayer could not or did not itemize nonbusiness deductions, then a standard deduction as provided for in the following subparagraphs:
(A) In the case of a single taxpayer or a head of household, $2,300.00;

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(B) In the case of a married taxpayer filing a separate return, $1,500.00;
(C) In the case of a married couple filing a joint return, $3,000.00;
(D) An additional deduction of $700.00 for the taxpayer if he has attained the age of 65 before the close of his taxable year. An additional deduction of $700.00 for the spouse of the taxpayer shall be allowed if a joint return is made by the taxpayer and his spouse and the spouse has attained the age of 65 before the close of the taxable year; and
(E) An additional deduction of $700.00 for the taxpayer if he is blind at the close of the taxable year. An additional deduction of $700.00 for the spouse of the taxpayer shall be allowed if a joint return is made by the taxpayer and his spouse and the spouse is blind at the close of the taxable year. For the purposes of this subparagraph, the determination of whether the taxpayer or the spouse is blind shall be made at the close of the taxable year except that, if either the taxpayer or the spouse dies during the taxable year, the determina tion shall be made as of the time of the death;
(2) The exemptions provided for in Code Section 48-7-26 together with the adjustments provided for in subsection (b) of this Code section;
(3) The amount of salary and wage expenses eliminated in computing the individual's federal adjusted gross income because the individual has taken a federal jobs tax credit which requires, as a condition to using the federal jobs tax credit, the elimination of related salary and wage expenses;
(4) (A) Income received from the following, and only the following, public pension or retirement funds or systems when the income is otherwise included in the taxpayer's federal adjusted gross income:
(i) Employees' Retirement System of Georgia;
(ii) Georgia Firemen's Pension Fund and all local firemen's pension funds;
(iii) Peace Officers' Annuity and Benefit Fund;
(iv) Trial Judges and Solicitors Retirement Fund;
(v) Superior Court Clerks' Retirement Fund of Georgia;
(vi) Public School Employees Retirement System;
(vii) Georgia Legislative Retirement System;
(viii) Teachers Retirement System of Georgia and all local teachers' retirement systems;
(ix) Teachers' retirement systems or funds of states having a reciprocal agreement with this state to exempt income from the Teachers Retirement System of Georgia from taxation;
(x) Funds, programs, or systems the income from which is exempted by federal law or treaty;
(xi) Superior Court Judges Retirement System; and
(xii) Distr; ct Attorneys' Retirement System.
(B) It is the intent of the General Assembly that no income from a public pension or retirement fund, program, or system shall be exempt from income taxation in this state unless the exemption is provided for in this paragraph or unless the law granting the exemp tion makes specific reference to this paragraph;
(5) (A) Retirement income not to exceed $4,000.00 per year received from any source. This paragraph shall not apply to or affect retirement income which is already wholly ex empt from income taxation because it is received from a public pension or retirement fund or system listed in subparagraph (A) of paragraph (4) of this subsection. A taxpayer shall be eligible for the $4,000.00 exclusion granted by this paragraph only if he:
(i) Is 62 years of age or older during any part of the taxable year; or
(ii) Is permanently and totally disabled in that he has a medically demonstrable disabil-

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ity which is permanent and which renders him incapable of performing any gainful occupa tion within his competence.
(B) The commissioner shall by regulation require proof of the eligibility of the taxpayer for the exclusion allowed by this paragraph; and
(6) A portion of the qualified payments to minority subcontractors, as provided in Code Section 48-7-38.
(b) (1) There shall be added to the taxable income:
(A) Dividend or interest income, to the extent that the dividend or interest income is not included in gross income for federal income tax purposes, on obligations of any state except this state or of political subdivisions except political subdivisions of this state;
(B) Interest or dividends on obligations of the United States or of any authority, com mission, instrumentality, territory, or possession of the United States which by the laws of the United States are exempt from federal income taxes but not from state income taxes; and
(C) Income consisting of lump-sum distributions from an annuity, pension plan, or sim ilar source which were removed from federal adjusted gross income for the purposes of spe cial federal tax computations or treatment.
(2) There shall be subtracted from taxable income interest or dividends on obligations of the United States and its territories and possessions or of any authority, commission, or instrumentality of the United States to the extent includable in gross income for federal income tax purposes but exempt from state income taxes under the laws of the United States. Any amount subtracted under this paragraph shall be reduced by any expenses di rectly attributable to the production of the interest or dividend income.
(3) There shall be added to taxable income any income taxes imposed by any tax juris diction except the State of Georgia to the extent deducted in determining federal taxable income.
(4) No portion of any deductions or losses including, but not limited to, net operating losses, which occurred in a year in which the taxpayer was not subject to taxation in this state, may be deducted in any tax year. When federal adjusted gross income includes deduc tions or losses not allowed pursuant to this paragraph, an adjustment deleting them shall be made under rules established by the commissioner.
(5) Income, losses, and deductions previously used in computing Georgia taxable in come shall not again be used in computing Georgia taxable income; and the commissioner shall provide for needed adjustments by regulation.
(6) When, on the sale or exchange of real or tangible personal property located in this state, gain or loss is not recognized because the taxpayer receives or purchases similar prop erty, the nonrecognition shall be allowed only when the property is replaced with property located in this state.
(7) Except as otherwise provided in paragraph (4) of subsection (a) of this Code section, this chapter shall not be construed to repeal any tax exemptions contained in other laws of this state not referred to in this Code section. Those exemptions and the exemptions pro vided by federal law and treaty shall be deducted on forms provided by the commissioner.
(8) All elections made by the taxpayer under the Internal Revenue Code of 1954 or the Internal Revenue Code of 1986 shall also apply under this article.
(c) Georgia taxable income shall, if the taxpayer so elects, be adjusted with respect to federal depreciation deductions as provided in Code Section 48-7-39.
48-7-28. A resident individual who has an established business in another state, has investment in property having a taxable situs in another state, or engages in employment in another state may deduct from the tax due upon the entire net income of the resident indi vidual the tax paid upon the net income of the business, investment, or employment in

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another state when the business, investment, or employment is in a state that levies a tax upon net income. In no case shall the credit permitted under this Code section exceed the tax which would be payable to this state upon a like amount of taxable income.
48-7-29.
Reserved.
48-7-30. (a) The tax imposed by this chapter shall apply to the entire net income of a taxable nonresident derived from employment, trade, business, professional, or other activ ity for financial gain or profit performed or carried on within this state including, but not limited to, the rental of real or personal property located within this state or for use within this state and the sale, exchange, or other disposition of tangible or intangible property having a situs in this state.
(b) A taxable nonresident whose income is derived from employment, trade, business, professional, or other activity performed or carried on within and outside this state shall be taxed only upon the income derived from carrying on the activity within this state. The amount of taxable income may be determined by a separate accounting of the income if the commissioner is satisfied that the separate accounting reflects correctly the income fairly attributable to this state. Otherwise, the amount of taxable income shall be determined in the manner prescribed by this chapter for the allocation and apportionment of income of corporations engaged in business within and outside this state.
(c) Except as otherwise provided by law, all provisions of this chapter with respect to the definitions, determination, and computation of taxable net income of residents of this state and with respect to the assessment, levy, and collection of the tax imposed by this chapter on the net income of residents of this state shall apply equally to the taxation of the net income of taxable nonresidents.
(d) (1) A taxable nonresident shall be allowed to deduct allowable expenses, interest, taxes, losses, bad debts, depreciation, and similar business expenses when the income of the taxable nonresident is derived from:
(A) Employment, trade, business, professional, or other activity performed or carried on:
(i) Entirely within this state; or
(ii) Within and outside this state when the nonresident is permitted by the commis sioner to use separate accounting;
(B) The rental of real or personal property located within this state or for use within this state;
(C) The sale, exchange, or other disposition of tangible or intangible property having a situs in this state.
(2) Exper.ses allowable to a taxable nonresident as provided in paragraph (1) of this subsection shall be allowable only to the extent that the expenses are attributable to the production of income allocable to and taxable by this state. As to allowable deductions es sentially personal in nature, such as contributions to charitable organizations, alimony, med ical expenses, the optional standard deduction, personal exemptions, and credits for depen dents, the taxable nonresident shall be allowed deductions for such deductions essentially personal in nature in the ratio that the gross income allocated to this state bears to the total gross income of the taxable nonresident computed as if the taxable nonresident were a resi dent of this state. The commissioner may accept total federal gross income as the equivalent of total Georgia gross income for purposes of this allocation.
(e) A taxable nonresident whose income is derived from the activities specified in sub section (d) of this Code section performed or carried on within and outside this state and who is required to allocate and apportion his income in the manner of corporations engaged

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in business within and outside this state shall compute his net taxable income as if he were a resident of this state. The net taxable income so computed shall be apportioned in the manner of corporations engaged in business within and outside this state.
48-7-31. (a) The tax imposed by this chapter shall apply to the entire net income, as defined in this article, received by every foreign or domestic corporation owning property or doing business within this state. A corporation shall be deemed to be doing business within this state if it engages within this state in any activities or transactions for the purpose of financial profit or gain whether or not:
(1) The corporation qualifies to do business in this state;
(2) The corporation maintains an office or place of doing business within this state; or
(3) Any such activity or transaction is connected with interstate or foreign commerce.
(b) (1) If the entire business income of the corporation is derived from property owned or business done in this state, the tax shall be imposed on the entire business income.
(2) If the business income of the corporation is derived in part from property owned or business done in this state and in part from property owned or business done outside this state, the tax shall be imposed only on that portion of the business income which is reasona bly attributable to the property owned and business done within this state, such portion to be determined as provided in subsections (c) and (d) of this Code section.
(c) (1) Interest received on bonds held for investment and income received from other intangible property held for investment are not subject to apportionment. All expenses con nected with such investment income shall be applied against the investment income. The net investment income from intangible property shall be allocated to this state if the situs of the corporation is in this state or if the intangible property was acquired as income from property held in this state or as a result of business done in this state.
(2) Rentals received from real estate held purely for investment purposes and not used in the operation of any business are not subject to apportionment. All expenses connected with such investment income shall be applied against the investment income. The net in vestment income from tangible property located in this state shall be allocated to this state.
(3) Gains from the sale of tangible or intangible property not held, owned, or used in connection with the trade or business of the corporation nor held for sale in the regular course of business shall be allocated to this state if the property sold is real or tangible personal property situated in this state or intangible property having an actual situs or a business situs within this state. Otherwise, the gains shall not be allocated to this state.
(d) Net income of the classes described in subsection (c) of this Code section having been separately allocated and deducted, the remainder of the net business income shall be apportioned as follows:
(1) (A) Where the net business income of the corporation is derived principally from the holding, sale, or holding and sale of intangible property having a taxable situs in this state, the tax shall be imposed on the entire business income.
(B) Where a portion of the intangible property has a taxable situs outside this state, the portion of the income derived from the holding, sale, or holding and sale of the intangible property attributable to this state shall be the percentage which the gross receipts from the intangible property in this state for the taxable year bear to the total gross receipts from intangible property located within and outside this state.
(C) The taxable situs of intangible property held or owned by any domestic corporation or by any foreign corporation whose principal place of business is in this state shall be deemed to be in this state even though a domicile of the corporation is established outside this state.
(D) Intangible property derived from business done in another state by a foreign corpo ration and held by the corporation outside this state shall not be deemed to have a taxable

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situs in this state by reason of the fact that officers or directors of the corporation reside in this state, corporate meetings are held in this state, or corporate records are kept in this state.
(2) Where the net business income of the corporation is derived principally from the manufacture, production, or sale of tangible personal property, the portion of the net in come therefrom attributable to property owned or business done within this state shall be taken to be the portion arrived at by application of the following three factor formula:
(A) Property factor. The property factor is a fraction, the numerator of which is the average value of the taxpayer's real and tangible personal property owned or rented and used in this state during the tax period and the denominator of which is the average value of all the taxpayer's real and tangible personal property owned or rented and used during the tax period;
(i) Property owned by the taxpayer is valued at its original cost. Property rented by the taxpayer is valued at eight times the net annual rental rate. Net annual rental rate is the annual rental rate paid by the taxpayer less any annual rental rate received by the taxpayer from subrentals;
(ii) The average value of property shall be determined by averaging the values at the beginning and end of the tax period, except that the commissioner may require the averag ing of monthly values during the tax period if such averaging is reasonably required to re flect properly the average value of the taxpayer's property;
(B) Payroll factor. The payroll factor is a fraction, the numerator of which is the total amount paid in this state during the tax period by the taxpayer for compensation and the denominator of which is the total compensation paid everywhere during the tax period. The term 'compensation' means wages, salaries, commissions, and any other form of remunera tion paid to employees for personal services. Payments made to an independent contractor or any other person not properly classified as an employee are excluded. Compensation is paid in this state if:
(i) The employee's service is performed entirely within this state;
(ii) The employee's service is performed both within and outside this state and the service performed outside this state is incidental to the employee's service within this state; or
(iii) Some of the service is performed in this state and either the base of operations or the place from which the service is directed or controlled is in this state or the base of operations or the place from which the service is directed or controlled is not in any state in which some part of the service is performed but the employee's residence is in this state;
(C) Gross receipts factor. The gross receipts factor is a fraction, the numerator of which is the total gross receipts from business done within this state during the tax period and the denominator of which is the total gross receipts from business done everywhere during the tax period. For the purposes of this subparagraph, receipts shall be deemed to have been derived from business done within this state only if the receipts are received from products shipped to customers in this state or products delivered within this state to customers. In determining the gross receipts within this state, receipts from sales negotiated or effected through offices of the taxpayer outside this state and delivered from storage in this state to customers outside this state shall be excluded;
(D) The property factor, the payroll factor, and the gross receipts factor shall be sepa rately determined and the three percentages averaged. The net income of the corporation shall be apportioned to this state according to such average;
(3) Where the net business income is derived principally from business other than the manufacture, production, or sale of tangible personal property or from the holding or sale of intangible property, the net business income of the corporation shall be equitably appor tioned within and outside this state in the ratio that the business within this state bears to the total business of the corporation;

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(4) For the purposes of this subsection, the term 'sale' shall include, but not be limited to, an exchange, and the term 'manufacture' shall include, but not be limited to, the extrac tion and recovery of natural resources and all processes of fabricating and curing.
(e) The net income of a domestic or foreign corporation which is a subsidiary of another corporation or which is closely affiliated with another corporation by stock ownership shall be determined by eliminating all payments to the parent corporation or affiliated corpora tion in excess of fair value and by including fair compensation to the domestic business corporation for its commodities sold to or services performed for the parent corporation or affiliated corporation. For the purposes of determining net income as provided in this sub section, the commissioner may equitably determine the net income by reasonable rules of apportionment of the combined income of the subsidiary, its parent, and affiliates, or any combination of the subsidiary, its parent, and any one or more of its affiliates.
48-7-32. (a) When the business of any corporation engaged in the operation of a rail road, express service, telephone or telegraph business, or other form of public service is partly within and partly outside the state, the net income of the corporation for the purpose of this chapter shall be that amount ascertained by apportioning to the state the sum of the net income of the corporation including, but not limited to, dividend income that may le gally be taxed by the state (exclusive of income from tax-exempt securities and without any deduction for federal and state income taxes), as shown by the corporation's records kept in accordance with the standard classification of accounts prescribed by the Interstate Com merce Commission when the standard classification of accounts includes in net income rents from all sources; and when the standard classification does not include all rents, then such rents shall be included in net income in the proportion that the total gross operating reve nues from business done wholly within the state plus the equal mileage proportion within the state of all gross operating revenues from interstate business of the company, wherever done, bear to the total gross operating revenues from all business done by the company. If any such corporation keeps its records of operating revenues and operating expenses on a state basis in accordance with the standard classification of accounts prescribed by the In terstate Commerce Commission and in a manner which includes in net income for the state the effect of all intrastate and interstate business applicable to the state, the state records may be used by the taxpayer under the supervision of the commissioner in reporting the net taxable income within the state.
(b) All other corporations engaged in the business of operating a railroad, express ser vice, telephone or telegraph business, or other form of public service, whether or not the corporation is required to make reports to the Interstate Commerce Commission, shall keep records according to the standard classifications of accounting of the Interstate Commerce Commission. The net income of the corporation including, but not limited to, dividend in come that can legally be taxed by the state (exclusive of tax-exempt securities and without any deduction for federal and state income taxes) shall be determined in accordance with such records. If any such corporation keeps its records of operating revenues and operating expenses on a state basis in accordance with the standard classification of accounts pre scribed by the Interstate Commerce Commission and in a manner which includes in net income for the state the effect of all intrastate and interstate business applicable to the state, the state records may, with the consent of the commissioner, be used by the taxpayer in reporting the net taxable income within the state.
48-7-33. (a) The net income shall be computed upon the basis of the taxpayer's annual accounting period in accordance with the method of accounting regularly employed in keep ing the books of the taxpayer. If no such method of accounting has been so employed or if the method employed does not clearly reflect the income, the computation shall be made in accordance with the method which, in the opinion of the commissioner, clearly reflects the income. If the taxpayer's annual accounting period is other than a fiscal year or if the tax payer has no annual accounting period or does not keep books, the net income shall be computed on the basis of the calendar year. A taxpayer utilizing a fiscal year may return his net income under this chapter on the basis of his fiscal year with the approval of the com missioner and subject to such rules and regulations as the commissioner may establish.

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(b) With the approval of the commissioner and under such regulations as he may pre scribe, a taxpayer may change his taxable year from fiscal year to calendar year or other wise. In the case of any such change, the net income shall be computed upon the basis of the new taxable year when approval is obtained from the commissioner at least 30 days prior to the close of the proposed taxable year.
(c) The amount of all items of gross income shall be included in the gross income for the taxable year in which received by the taxpayer unless, under methods of accounting permitted by this Code section, any amounts of gross income are to be properly accounted for as of a different period.
(d) The deductions and credits provided for in this chapter shall be taken for the taxa ble year in which 'paid or accrued' or 'paid or incurred' depending upon the method of accounting on the basis of which the net income is computed unless, in order to clearly reflect the income, the deductions or credits should be taken as of a different period.
(e) Whenever in the opinion of the commissioner it is necessary in order to determine clearly the income of any taxpayer, inventories shall be taken by the taxpayer on the basis prescribed by the commissioner. Each such basis shall conform as nearly as possible to the best accounting practice in the particular trade or business which most clearly reflects the income.
(f) If a return has been filed within the three years immediately preceding the date of the taxpayer's death, income and expenses of a taxpayer who dies during the taxable year shall be computed on the same method of accounting, whether cash or accrual, as was used by the taxpayer in the preparation of the last income tax return filed by him with the com missioner. If no return has been filed within the three-year period, the return of a deceased taxpayer shall be prepared on the cash method unless the commissioner certifies that the cash method, because of particular circumstances, is not reasonable to either the state or the heirs, legatees, or devisees interested in the taxpayer's estate. If the commissioner certifies that the cash method is unreasonable, he may order the preparation of the return on the accrual method.
48-7-34. If any corporation or nonresident employs in its books of account a detailed allocation of receipts and expenditures which reflects more clearly than the processes or formulas prescribed by this chapter the income attributable to the trade or business within this state, application for permission to base its return upon the books of account shall be considered by the commissioner. The application shall be made at least 60 days prior to the last day on which the taxpayer's return is to be filed and shall be accompanied by a full and complete explanation of the method employed.
48-7-35. If any corporation or nonresident shows by any method of allocation other than the processes or formulas prescribed by this chapter that another method reflects more clearly the income attributable to the trade or business within this state, application for permission to base its return upon the other method shall be considered by the commis sioner. The application shall be accompanied by a statement setting forth in detail with full explanations ihe method the taxpayer believes will more clearly reflect its income from busi ness within the state. If the commissioner concludes that the method of allocation and ap portionment submitted by the taxpayer is in fact inapplicable and inequitable, he shall re ject the application and shall so notify the taxpayer. Failure to receive the commissioner's notice shall not operate to relieve the taxpayer from liability for not filing the return on its due date utilizing the allocation and apportionment method prescribed by this chapter.
48-7-36. In the case of an individual:
(1) Serving in the armed forces of the United States or in support of the armed forces of the United States in an area designated by the President of the United States by execu tive order as a 'combat zone,' as that term is defined by the United States Internal Revenue Code of 1986, at any time during the period designated by the President's executive order as the period of combat activities in the zone;

THURSDAY, MARCH 5, 1987

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(2) Hospitalized as a result of an injury received while serving in such an area during the period of combat activities; or
(3) Who is confined as a prisoner of the forces opposing the United States in a combat zone,
the period of service in the combat zone, plus the period of continuous hospitalization at tributable to an injury, plus any period of confinement, and the next 180 days thereafter shall be disregarded in determining whether any filing required by this title has been per formed within the time prescribed for the filing.
48-7-37. In the case of any individual who dies while in active service as a member of the armed forces of the United States, if the death occurred while serving in a combat zone, as that term is defined by the United States Internal Revenue Code of 1986, or as a result of wounds, disease, or injury incurred while so serving, any tax imposed by this article:
(1) Shall not apply with respect to the taxable year in which falls the date of his death or with respect to any prior taxable year ending on or after the first day he served in a combat zone after June 24, 1960;
(2) For a taxable year preceding those specified in paragraph (1) of this Code section which is unpaid at the date of his death including, but not limited to, interest, additions to the tax, and additional amounts shall not be assessed. If assessed, the assessment shall be abated. If any such amount is collected, it shall be credited or refunded as an overpayment.
48-7-38. (a) As used in this Code section, the term:
(1) 'Member of a minority' means an individual who is a member of a race which com prises less than 50 percent of the total population of the state.
(2) 'Minority subcontractor' means any business which is owned by:
(A) An individual who is a member of a minority who reports as his personal income for Georgia income tax purposes the income of such business;
(B) A partnership in which a majority of the ownership interest is owned by one or more members of a minority who report as their personal income for Georgia income tax purposes more than 50 percent of the income of the partnership; or
(C) A corporation organized under the laws of this state in which a majority of the common stock is owned by one or more members of a minority who report as their personal income for Georgia income tax purposes more than 50 percent of the distributed earnings of the corporation.
(3) 'State contract' means a contract for the purchase by the state of goods, property, or services or for the construction of any building or structure for the state, which contract is executed by any department, board, bureau, commission, or agency of state government, by any state authority, or by any officer, official, employee, or agent of any of the foregoing.
(b) In computing Georgia taxable net income of a corporation, partnership, or individ ual, there shall be subtracted from federal taxable income or federal adjusted gross income 10 percent of the amount of qualified payments to minority subcontractors. A payment to a minority subcontractor shall be a qualified payment if:
(1) The payment is for goods, personal property, or services furnished by the minority subcontractor to the taxpayer and delivered by the taxpayer to the state in furtherance of a state contract to which the taxpayer is a party; and the payment does not exceed the value of the goods, property, or services to the taxpayer;
(2) The payment is made during the taxable year for which the subtraction from federal taxable income or federal adjusted gross income is claimed; and
(3) The payment is made to a subcontractor who at the time of the payment is certified as a minority contractor pursuant to subsection (c) of this Code section.
(c) The total amount which may be subtracted under this Code section from federal

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taxable income or federal adjusted gross income of any taxpayer shall be limited to $100,000.00 per taxable year.
(d) The commissioner of administrative services shall certify individuals, partnerships, and corporations which are within the definition of the term 'minority subcontractor' speci fied in subsection (a) of this Code section. The department may disclose to the commis sioner of administrative services the income tax returns of taxpayers applying for certifica tion as minority subcontractors. The commissioner of administrative services shall maintain and periodically revise a list of certified minority subcontractors and shall make such list available to the department and to the general public.
48-7-39. (a) With respect to property placed in service in taxable years ending prior to the effective date of this Code section, a taxpayer shall in his return for the first taxable year ending on or after January 1, 1987, elect to:
(1) Continue to depreciate or otherwise recover the cost of such property according to the same method used for Georgia income tax purposes for the taxable year in which the property was placed in service; or
(2) Depreciate or otherwise recover the cost of such property according to the method used for federal income tax purposes for the taxable year in which the property was placed in service.
The election required by this subsection shall be made for a taxpayer's first taxable year ending on or after January 1, 1987, in such manner as may be specified by the commis sioner. If a return for such a taxable year has been filed without such an election prior to or within 90 days after the effective date of this Code section, the taxpayer may file an amended return containing such an election.
(b) The election provided for in subsection (a) of this Code section shall apply to all property of the taxpayer uniformly and shall be irrevocable and applicable to all subsequent taxable years. Except as otherwise provided in the last sentence of subsection (a) of this Code section, if no such election is made, the taxpayer shall be deemed to have elected the option afforded by paragraph (2) of subsection (a) of this Code section. The General Assem bly recognizes and intends that if a taxpayer elects the option afforded by paragraph (2) of subsection (a) of this Code section then in certain cases the taxpayer may never fully depre ciate or recover the cost of certain property for Georgia income tax purposes and in certain cases the taxpayer may be allowed to depreciate or recover more than the full cost of certain property for Georgia income tax purposes. Taxpayers electing the option afforded by para graph (1) of subsection (a) of this Code section shall in determining Georgia taxable income make such adjustments to federal taxable income as are required to reflect the effect of such election. Any such election shall apply both to determination of deductions for depreciation or cost recovery of affected property and also to determination of gain or loss on the sale or other disposition of such property. The commissioner shall specify the manner in which such adjustments shall be made."
Section 3. Said title is further amended by striking Code Section 48-7-50, relating to persons required to file income tax returns, and inserting in its place a new Code Section 487-50 to read as follows:
"48-7-50. (a) An income tax return with respect to the tax imposed by this chapter shall be filed with the commissioner by every:
(1) Resident who is required to file a federal income tax return for the taxable year;
(2) Nonresident who has federal gross income from sources within this state;
(3) Resident estate or trust that is required to file a federal income tax return;
(4) Nonresident estate or trust that has federal gross income from sources within this state; and
(5) Resident or nonresident who has taxable income subject to Georgia income tax for

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the taxable year who does not have taxable income subject to federal income tax for the same taxable year.
(b) The commissioner may require each taxpayer by regulation to file with the return required by this chapter a copy of all or any part of the taxpayer's federal income tax return for the corresponding period."
Section 4. Said title is further amended by striking subparagraph (J) of paragraph (10) of Code Section 48-7-100, relating to definitions of terms relating to current income tax payment, and inserting in its place a new subparagraph to describe remuneration not in cluded in the definition of the term "wages" and to read as follows:
"(J) To, or on behalf of, any employee:
(i) From or to a trust described in Section 401(a) of the United States Internal Revenue Code of 1986 which is exempt under Code Section 48-7-25 at the time of the payment unless the payment is made to an employee of the trust as remuneration for services rendered as an employee and not as a beneficiary of the trust:
(ii) Under or to an annuity plan which at the time of the payment meets the require ments of Section 401(a)(3), (4), (5), and (6) of the Internal Revenue Code of 1986;".
Section 5. Said title is further amended by striking subsections (a) and (b) of Code Section 48-7-101, relating to income tax withholding, and inserting in their place new sub sections (a) and (b) to read as follows:
"(a) The amount of wages subject to withholding shall be the amount of wages paid, less:
(1) Fifteen percent of the wages, but not in excess of:
(A) $40.00 for a weekly payroll period;
(B) $80.00 for a biweekly payroll period;
(C) $83.00 for a semimonthly payroll period;
(D) $168.00 for a monthly payroll period;
(E) $500.00 for a quarterly payroll period;
(F) $1,000.00 for a semiannual payroll period;
(G) $2,000.00 for an annual payroll period; or
(H) $5.50 per day for a daily or miscellaneous payroll period; and
(2) The total withholding exemption allowance applicable to the wage payment as com puted under subsection (b) of this Code section.
(b) (1) The withholding exemption allowance applicable to a wage payment to an em ployee, determined according to the payroll period of the employee, shall be the amount shown in Column 1, below, or the amount shown in Column 2, below, as the withholding exemption status of the employee may be, plus the amount shown in Column 3, below, multiplied by the number of dependency exemptions claimed by the employee.

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Payroll Period

Col. 1 Single Exemption

Col. 2 Marital Exemption

Col. 3 Each Dependent
Exemption

Weekly

$ 28.75

$ 57.50

$ 28.75

Biweekly

57.50

115.00

57.50

Semimonthly

62.50

125.00

62.50

Monthly

125.00

250.00

125.00

Quarterly

375.00

750.00

375.00

Semiannual

750.00

1,500.00

750.00

Annual

1,500.00

3,000.00

1,500.00

Daily or

Miscellaneous

4.15

8.30

4.15

(2) If wages are paid for a miscellaneous payroll period or with respect to a period which is not a payroll period, the withholding exemption allowance with respect to each payment of wages shall be the exemption allowed for a daily payroll period multiplied by the number of days in the period including, but not limited to, Saturdays and Sundays, with respect to which the wages are paid.

(3) In any case in which wages are paid by an employer without regard to any payroll period or other period, the withholding exemption allowance with respect to each payment of wages shall be exemption allowance for a daily payroll period multiplied by the number of days, including but not limited to, Saturdays and Sundays, which have elapsed since the last payment of wages by the employer during the calendar year, since the date of com mencement of employment with the employer during the year, or since January 1 of the year, whichever is later."

Section 6. Said title is further amended by striking Code Section 48-7-102, relating to withholding exemption status and deductions, and Code Section 48-7-102.1, relating to withholding rules and regulations, and inserting in their place new Code sections to read as follows:

"48-7-102. (a) (1) A zero exemption status shall apply to any employee receiving wages who, on the withholding exemption certificate required under subsection (c) of this Code section, disclaims any exemption status or who fails to file with his employer the withhold ing exemption certificate required under subsection (c) of this Code section.

(2) A single exemption status shall be available to any employee receiving wages who at the time cannot qualify for a marital exemption or who disclaims a marital exemption, un less such employee is an individual who is eligible to be claimed as a dependent on another taxpayer's federal income tax return in which case a zero exemption status shall apply.

(3) A marital exemption status shall be available to any employee receiving wages who at the time is married and living with his spouse, but only if his spouse does not have in effect at that time a withholding exemption certificate claiming a single or marital exemption.

(b) An employee receiving wages shall be entitled on any day to one withholding depen dency exemption for each individual with respect to whom he may reasonably be expected to be entitled to an exemption for the taxable year under Code Section 48-7-26.

(c) (1) On or before the date of the commencement of employment with any employer, the employee shall furnish the employer with a signed withholding certificate in the form prescribed by the commissioner relating to his withholding exemption status and the num ber of dependency exemptions which the employee claims. No exemption may be claimed to which the employee is not entitled.

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(2) Except as otherwise provided by rules or regulations of the commissioner, if an em ployee has filed with his employer an exemption certificate as required for federal withhold ing tax purposes, an employer may give effect to the exemption status and exemptions claimed on the federal exemption certificate when the certificate contains sufficient informa tion to enable the employer to give effect to the withholding exemptions allowable under this Code section.
(3) Whenever during a calendar year the withholding exemption status of an employee or the number of dependency exemptions to which an employee is entitled changes or when ever an employee reasonably expects such a change before the end of the calendar year which would entitle the employee to different withholding exemptions than those shown on the exemption certificate in effect for the employee, the employee shall file with his em ployer within ten days of the change or, for the next calendar year, on or before December 20 a new certificate indicating the change. In no event shall the withholding exemption sta tus or the number of dependency exemptions claimed on a certificate exceed the number to which the employee is entitled.
(4) (A) A withholding exemption certificate furnished the employer when no previous certificate is in effect shall take effect as of the beginning of the first payroll period ending, or as of the first payment of wages made without regard to a payroll period, on or after the date on which the certificate is so furnished.
(B) A withholding exemption certificate furnished the employer when a previous certifi cate is in effect shall take effect with respect to the first payment of wages made on or after the first status determination date which occurs at least 30 days from the date on which the certificate is so furnished. At the election of the employer, the certificate may be made effec tive with respect to any payment of wages made on or after the date on which the certificate is so furnished. For purposes of this subparagraph, the term 'status determination date" means January 1 and July 1 of each year.
(5) A withholding exemption certificate which takes effect under this subsection shall continue in effect with respect to the employer until another certificate takes effect under this subsection. Each withholding exemption certificate which is in effect is, at the time of the receipt of any wages, a present representation of fact subject to the criminal penalties of Code Section 48-7-127.
48-7-102.1. (a) The commissioner shall have the power to make and publish reasonable rules and regulations:
(1) Setting forth circumstances under which an employer shall be required to submit to the commissioner copies of withholding exemption certificates furnished to the employer by his employees;
(2) Establishing a procedure by which the commissioner may notify an employer and employee that any withholding exemption certificate which has been submitted to the com missioner shall be considered defective for purposes of computing amounts of withholding under this article;
(3) Establishing a procedure by which the commissioner may, after a withholding ex emption certificate submitted to him has been determined to be defective, specify to an employer the basis upon which amounts of withholding under this article are to be com puted; and
(4) Governing any and all other matters reasonably considered by the commissioner to be appropriate in addressing those matters set forth in paragraphs (1) through (3) of this subsection.
(b) For purposes of rules and regulations promulgated under the authority of subsection (a) of this Code section, the term 'employer' may be defined by the commissioner to include an individual authorized by an employer to receive withholding exemption certificates, to make withholding computations, or to make payroll distributions.
(c) Nothing in this Code section shall be construed to deny additional withholding al-

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lowances to an employee who can show that he will have additional deductions because he or his spouse has attained age 65 or is blind, large itemized deductions, deductible alimony payments, moving expenses, employee business expenses, retirement contributions, net losses, or tax credits."
Section 7. Said title is further amended by striking subsection (b) of Code Section 48-7114, relating to declarations of estimated income tax, and inserting in its place a new sub section to read as follows:
"(b) Except as otherwise provided in subsection (e) of this Code section, every resident individual and every taxable nonresident individual shall make a declaration of his esti mated tax for the current taxable year if he can be reasonably expected to be required to file a Georgia income tax return for the current taxable year and his gross income can reasona bly be expected to:
(1) Include more than $1,000.00 from sources other than wages as denned in paragraph (10) of Code Section 48-7-100; and
(2) Exceed:
(A) One thousand five hundred dollars if the individual is single or the individual is married and not living with his spouse or the individual is married and expects to claim only $1,500.00 of the marital exemption; or
(B) Three thousand dollars if the individual is married and living with his spouse and expects to claim the full marital exemption."
Section 8. Said title is further amended by striking subsection (b) of Code Section 4812-2, relating to returns, calculation, and payment of estate taxes, and inserting in its place a new subsection to read as follows:
"(b) On or before the date the duplicate return is filed with the commissioner, the per sonal representative shall pay to the state a tax in an amount equal to the amount allowable as a credit for state death taxes under Section 2011 of the Internal Revenue Code of 1986. If the tax is paid later than the federal filing date, not including any extensions, the personal representative shall pay interest on the tax at the rate specified in Code Section 48-2-40 from the filing date to the time of payment. If the decedent owned at the time of his death either real property in another state or personal property having a business situs in another state and the other state requires the payment of a tax for which credit is received against federal estate taxes, any tax due under this chapter shall be reduced by an amount which bears the same ratio to the total state tax credit allowable for federal estate tax purposes as the value of the property taxable in the other state bears to the value of the entire gross estate for federal estate tax purposes."
Section 9. Each of the following Code sections and parts of Code sections is amended by striking the phrase "Internal Revenue Code of 1954" and inserting in its place the phrase "Internal Revenue Code":
(1) Paragraph (1) of subsection (a) of Code Section 2-7-155, relating to certified cotton growers' organizations;
(2) Subsection (f) of Code Section 7-1-313, relating to certain collective investment funds;
(3) Paragraph (5) of Code Section 10-5-8, relating to registration of securities and ex empt securities;
(4) Paragraphs (9) and (15) of Code Section 10-5-9, relating to securities transactions exempt from registration;
(5) Subsection (c) of Code Section 19-11-9, relating to location of absent parents by the Department of Human Resources;
(6) Subsection (b) of Code Section 34-8-78, relating to employment security records and reports;

THURSDAY, MARCH 5, 1987

1527

(7) Division (a)(2)(C)(ii) and paragraph (7) of subsection (a) of Code Section 34-8-155, relating to eligibility for extended employment security benefits;
(8) Code Section 34-34-5.1, relating to library lease agreements between municipal cor porations and public foundations;
(9) Subsection (f) of Code Section 36-37-6, relating to disposition of municipal property;
(10) Subsection (c) of Code Section 37-9-7, relating to determination of income and assets under "The Patient Cost of Care Act";
(11) Paragraph (1) of subsection (c) of Code Section 40-2-25, relating to applications for registration of motor vehicles;
(12) Paragraph (7) of subsection (a) of Code Section 43-17-18, relating to exemptions from regulation of charitable fund raising;
(13) Code Section 44-14-570, relating to the purpose of laws relating to filing of federal tax liens;
(14) Subparagraph (C) of paragraph (2) of Code Section 45-20-51, relating to definitions of terms relating to state employees' wage deductions for charities;
(15) Subparagraph (b)(3)(B) of Code Section 46-2-26.3, relating to recovery of certain conversion costs by certain utilities;
(16) Paragraphs (2) and (4) of Code Section 47-18-2, relating to definitions pertaining to social security coverage for public employees;
(17) Paragraph (12) of Code Section 48-5-41, relating to property exempt from ad valorem taxation;
(18) Code Section 48-5-470.1, relating to ad valorem tax exemption of certain motor vehicles used for transporting handicapped or disabled students;
(19) Paragraph (2) of Code Section 48-6-22, relating to exemptions from intangible taxation;
(20) Paragraph (4) of subsection (c) of Code Section 48-6-27, relating to intangible per sonal property returns;
(21) Subsection (c) of Code Section 48-7-60, relating to confidentiality of income tax information;
(22) Subparagraph (A) of paragraph (11) of Code Section 48-8-3, relating to exemptions from sales and use taxation;
(23) Subsection (d) of Code Section 53-8-2, relating to investments by executors and trustees;
(24) Code Section 53-12-94, relating to annual reports by trustees to the state revenue commissioner;
(25) Code Section 53-12-120, relating to automatic amendment of articles of incorpora tion of private foundations;
(26) Code Section 53-12-121, relating to express amendment of articles of incorporation of private foundations;
(27) Code Section 53-12-124, relating to automatic amendment of governing instru ments of certain trusts;
(28) Code Section 53-12-125, relating to automatic amendment of governing instru ments of certain trusts;
(29) Code Section 53-12-126, relating to express amendment of governing instruments of certain trusts;
(30) Code Section 53-12-129, relating to elections by trustees of certain trusts;

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(31) Code Section 53-12-130, relating to elections by directors of certain private founda tions; and
(32) Code Section 53-12-131, relating to commissions of trustees of certain trusts.
Section 10. (a) This Act shall become effective immediately upon its approval by the Governor or upon its becoming law without such approval. This Act shall apply to taxable years ending on or after such effective date. A taxpayer with a taxable year ending on or after January 1, 1987, and before the effective date of this Act may elect to have the provi sions of this Act apply to such taxable year. If a return for such a taxable year has been filed without such an election prior to or within 90 days after the effective date of this Act, the taxpayer may file an amended return containing such an election.
(b) Tax, penalty, and interest liabilities and refund eligibility for prior taxable years shall not be affected by the passage of this Act and shall continue to be governed by the provisions of Title 48 of the Official Code of Georgia Annotated as it existed immediately prior to the effective date of this Act.
(c) Provisions of the Federal Tax Reform Act of 1986 and of the Internal Revenue Code of 1986 which were as of January 1, 1987, enacted into law but not yet effective shall become effective for purposes of Georgia taxation on the same dates upon which they become effec tive for federal tax purposes.
Section 11. All laws and parts of laws in conflict with this Act are repealed.
Senator Turner of the 8th moved that the Senate adopt the Conference Committee report on HB 87.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin
Barker Barnes Bwen
nBBrroowunn oofff 4467vtthh. Bryant Burton Coleman Coverdell Crumbley Dawkins Deal

Dean Echols English
Engram Garner Gillis
H"uu<djr&is! ns Hu^lns Kennedy Kidd Land McGill McKenzie Newbill

Olmstead Peevy Perry
Phillips Ragan Ray
ScSccoo^tttt oocff 2nd Starr Stumbaugh Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Edge Fincher Foster

Harrison Hine Howard

Langford Shumake Tate

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 87.

THURSDAY, MARCH 5, 1987

1529

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

Mr. President: The House insists on its position in substituting the following bill of the Senate:

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

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.
Senate Sponsors: Senators Howard of the 42nd and Hine of the 52nd.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Bowen Foster Howard

Langford Perry

Ragan Stumbaugh

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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JOURNAL OF THE SENATE

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

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.

The House amendment was as follows:

Amend SB 45 as follows: On page 2, line 3,
change "$75.00" to "$50.00"; On page 2, line 5,
change "$60.00" to "$50.00".

Senator Barnes of the 33rd moved that the Senate agree to the House amendment to SB 45.

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen B,,Brroanunnoonf, 4.6,,t,h Brown of 47th Bryant
Burton Coleman Coverdell Crumbley Dawkins Deal

Dean Echols Edge English Engram Garner GuHiallrirsi.s Hudgins Huggins
Kennedy Kidd Land Langford McGill McKenzie

Newbill Olmstead Peevy Phillips Ragan j^ cSec, o*t.*t. o,cf 3oo6^thu bhumake btarr
Tate Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Fincher Foster Harrison

Hine Howard Perry

Scott of 2nd Stumbaugh

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 45.

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

THURSDAY, MARCH 5, 1987

1531

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.
Senator Deal of the 49th moved that the Senate insist upon the Senate amendment to HB 27.
On the motion, the yeas were 36, nays 0; the motion prevailed, and the Senate insisted upon the Senate amendment to HB 27.
The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:
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.
Senate Sponsor: Senator Hudgins of the 15th.
The Senate Committee on Children and Youth offered the following substitute to HB 290:
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 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; to provide for hearings to provide for the imposition of certain sanctions for commissions of juvenile traffic offenses; to provide for the transfer of cases to the delinquency calendar; to provide for submitting a report of the adjudication and disposition of juvenile traffic offenses; to provide for the use of such reports; to provide for construction; to provide for application of the provisions relating to juvenile traffic offenses; to create a fund composed of fines remitted by offenders; to provide for the administration and use of such fund; 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 generally, is amended by striking in its entirety Code Sec tion 15-11-49, which reads as follows:
"15-11-49. (a) Except as provided in subsection (b) of this Code section, a juvenile traf fic offense consists of a violation by a person under the age of 16 of:
(1) A law or local ordinance governing the operation of a moving motor vehicle upon the streets or highways of this state or upon the waterways within or adjoining this state; or
(2) Any other motor vehicle traffic law or local ordinance if the child is taken into cus tody and detained for its violation or is transferred to the juvenile court by the court hear ing the charge.

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(b) A juvenile traffic offense is not an act of delinquency unless the case is transferred to the delinquency calendar as provided in subsection (g) of this Code section.
(c) A juvenile traffic offense shall not include any offense to which Code Section 40-5-54 or Code Section 40-5-70 is applicable.
(d) The summons, notice to appear, or other designation of a citation accusing a child of committing a juvenile traffic offense constitutes the commencement of the proceedings in the court of the county in which the alleged violation occurred and serves in place of a summons and petition under this article. These cases shall be filed and heard separately from other proceedings of the court. If the child is taken into custody on the charge, Code Sections 15-11-18 and 15-11-21 shall apply. If the child is, or after commencement of the proceedings becomes, a resident of another county of this state, Code Section 15-11-16 shall apply.
(e) The court shall fix a time for a hearing and shall give reasonable notice thereof to the child and, if their address is known, to the parents, guardian, or custodian. If the accu sation made in the summons, notice to appear, or other designation of a citation is denied, an informal hearing shall be held at which the parties shall have the right to subpoena witnesses, present evidence, cross-examine witnesses, and appear by counsel. The hearing shall be open to the public.
(f) If the court finds on the admission of the child or upon the evidence that he commit ted the offense charged, it may make one or more of the following orders:
(1) Reprimand or counsel with the child and his parents;
(2) Suspend the child's privilege to drive under stated conditions and limitations for a period not to exceed that authorized for an adult for the conviction of a like offense;
(3) Require the child to attend a traffic school conducted by public authority for a reasonable period of time; or
(4) Order the child to remit to the general fund of the county a sum not exceeding the maximum applicable to an adult for a like offense.
(g) In lieu of the preceding orders, if the evidence indicates the advisability thereof, the court may transfer the case to the delinquency calendar of the court and direct the filing and service of a summons and petition in accordance with this article. The judge so ordering is disqualified, upon objection, from acting further in the case prior to an adjudication that the child committed a delinquent act.",
and substituting in lieu thereof a new Code Section 15-11-49 to read as follows:
"15-11-49. (a) Notwithstanding the provisions of Title 40 which grant jurisdiction over traffic offenses to certain courts, the juvenile court shall have exclusive original jurisdiction over juvenile traffic offenses. A juvenile traffic offense consists of a violation by a person under the age of 17 of:
(1) A law or local ordinance governing the operation of a moving motor vehicle upon the streets or highways of this state or upon the waterways within or adjoining this state; or
(2) Any other motor vehicle traffic law or local ordinance if the child is taken into cus tody and detained for its violation or is transferred to the juvenile court by the court hear ing the charge.
(b) A juvenile traffic offense is not an act of delinquency unless the case is transferred to the delinquency calendar as provided in subsection (h) of this Code section.
(c) The juvenile court shall comply with all applicable provisions of Title 40 when hear ing juvenile traffic offenses, including such cases transferred to the delinquency calendar, to the extent such title is not inconsistent with the provisions of this Code section and this article, and nothing in this Code section shall be construed as prohibiting the suspension or revocation of a child's driver's license in the same manner and under the same conditions as an adult's driver's license is suspended.

THURSDAY, MARCH 5, 1987

1533

(d) The uniform traffic citation accusing a child of committing a juvenile traffic offense constitutes the commencement of the proceedings in the court of the county in which the alleged violation occurred and serves in place of a summons and petition under this chapter. These cases shall be filed and heard separately from other proceedings of the court. If the child is taken into custody on the charge, Code Sections 15-11-18 and 15-11-21 shall apply. If the child is, or after commencement of the proceedings becomes, a resident of another county of this state, Code Section 15-11-16 shall apply.
(e) The court shall fix a time for a hearing and shall give reasonable notice thereof to the child and, if their address is known, to the parents, guardian, or custodian. If the accu sation made in the summons, notice to appear, or other designation of a citation is denied, an informal hearing shall be held at which the parties shall have the right to subpoena witnesses, present evidence, cross-examine witnesses, and appear by counsel. The hearing shall be open to the public.
(f) If the court finds on the admission of the child or upon the evidence that he commit ted the offense charged, it may make one or more of the following orders:
(1) Reprimand or counsel which the child and his parents;
(2) Suspend the child's privilege to drive under stated conditions and limitations for a period not to exceed that authorized for an adult for the conviction of a like offense;
(3) Require the child to attend a driver improvement clinic or program approved by the Department of Public Safety;
(4) Require the child to participate in a program of community service as specified by the court, including service with the Georgia Youth Conservation Corps, which the judge shall be empowered to so order;
(5) Order the child to remit to the fund created in subsection (j) of this Code section a sum not exceeding the maximum applicable to an adult for a like offense;
(6) Impose any sanction authorized by Title 40 to be imposed on an adult for a like offense, except that the period of actual commitment imposed shall not exceed two years; or
(7) Place the child on probation subject to the conditions and limitations imposed by Title 40 on probation granted to adults for like offenses, but such probation shall be super vised by the court as provided in Code Section 15-11-35.
(g) If a fine is assessed under subsection (f) of this Code section, the fine shall be sub ject to all additions and penalties as specified for fines under Title 40, including, but not limited to, amounts for peace officer and prosecutor training and amounts for retirement funds.
(h) In lieu of the preceding orders, if the evidence indicates the advisability thereof, the court may transfer the case to the delinquency calendar of the court and direct the filing and service of a summons and petition in accordance with this article. The judge so ordering is disqualified, upon objection, from acting further in the case prior to an adjudication that the child committed a delinquent act.
(i) Upon a finding that the child has committed a juvenile traffic offense which would be a violation of Title 40 if committed by an adult, the court shall forward, within 15 days, a report of the final adjudication and disposition of the charge to the Department of Public Safety. The Department of Public Safety shall record the adjudication and disposition of the offense on the child's permanent record and such adjudication and disposition shall be deemed a conviction for the purpose of suspending or revoking the individual's driver's li cense. Such record shall also be available to law enforcement agencies and courts as are the permanent traffic records of adults.
(j) (1) There is created a fund in each juvenile court to be comprised of fines remitted under paragraph (5) of subsection (f) of this Code section. The judge of the juvenile court or his designee shall be the custodian of the fund.

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(2) The fund shall be used in the county for the purpose of developing and providing appropriations to community based services for children. Priority shall be given to expendi tures for services for children who have been found to have committed a delinquent act.
(3) The judge of the juvenile court is authorized to create a children and youth coordi nating council composed of representatives of children services agencies of the county. The council shall advise and assist the judge in the administration of the fund and otherwise perform such functions assigned by the judge in developing community based services."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Senators Peevy of the 48th and Deal of the 49th offered the following substitute to HB 290:
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 generally, 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; to provide for orders, recommendations, sanctions, and penalties for certain per sons convicted of juvenile traffic offenses and to provide for juvenile court dispositions of those persons; to provide for case transfers between courts; to provide for social studies and reports and dispositional hearings; to provide for court and Department of Public Safety procedures and determinations and availability of records following conviction of juvenile traffic offenses; to provide for rights of certain persons under 17 years of age who are ac cused or convicted of a juvenile traffic offense and provide for the detention of such persons; to delete certain provisions regarding juvenile court traffic referees and proceedings thereun der; to provide for juvenile waterways offenses and proceedings and dispositions relating thereto; 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 generally, is amended by striking subparagraph (A) of para graph (6) of Code Section 15-11-2, relating to definitions, and inserting in its place a new subparagraph (A) to read as follows:
"(A) An act designated a crime by the laws of this state, or by the laws of another state if the act occurred in that state, under federal laws, or by local ordinance, and the crime does not fall under subparagraph (C) of paragraph (12) of this Code section and is not a juvenile traffic offense as defined in Code Section 15-11-50 and is not a juvenile waterways offense as defined in Code Section 15-11-49;".
Section 2. Said article is further amended by designating paragraph (10.1) of Code Sec tion 15-11-2, relating to definitions, as paragraph (10.2) and inserting immediately preceding that newly designated paragraph a new paragraph (10.1) to read as follows:
"(10.1) 'Licensed juvenile driver' means a person under 17 years of age who has a li cense or permit issued under Article 2 of Chapter 5 of Title 40 to authorize that person to operate a motor vehicle."
Section 3. Said article is further amended by striking subparagraph (a)(l)(E) of Code Section 15-11-5, relating to jurisdiction of the juvenile court, and inserting in its place the following subparagraph:
"(E) Who is alleged to have committed a juvenile waterways offense as defined in Code Section 15-11-49; or".

THURSDAY, MARCH 5, 1987

1535

Section 4. Said article is further amended by adding at the end of Code Section 15-11-5, relating to jurisdiction of the juvenile court, a new subsection (e) to read as follows:
"(e) The juvenile court shall have no original jurisdiction concerning any person who is a licensed juvenile driver and who is alleged to have committed a juvenile traffic offense, as defined in Code Section 15-11-50, but shall only have jurisdiction over such person for the purpose of the disposition authorized by Code Section 15-11-50."
Section 5. Said article is further amended by striking paragraphs (1) and (2) of Code Section 15-11-11, relating to commencement of proceedings, and inserting in their place the following:
"(1) By transfer of a case from another court as provided in Code Section 15-11-13 and Code Section 15-11-50;
(2) As provided in Code Section 15-11-49 in a proceeding charging a juvenile waterways offense;".
Section 6. Said article is further amended by striking Code Section 15-11-13, relating to transfer of cases to juvenile court, and inserting in its place a new Code section to read as follows:
"15-11-13. If it appears to any court in a criminal proceeding or a quasi-criminal pro ceeding that the defendant is a child, except in cases where the superior court has concur rent jurisdiction as provided in subsection (b) of Code Section 15-11-5 and in cases where another court has jurisdiction regarding a juvenile traffic offense as provided in Code Sec tion 15-11-50, the case shall forthwith be transferred to the juvenile court together with a copy of the accusatory pleading and all other papers, documents, and transcripts of testi mony relating to the case. The transferring court shall order that the defendant be taken forthwith to the juvenile court or to a place of detention designated by the court or shall release him to the custody of his parent, guardian, custodian, or other person legally respon sible for him, to be brought before the juvenile court at a time designated by that court. The accusatory pleading may serve in lieu of a petition in the juvenile court unless that court directs the filing of a petition."
Section 7. Said article is further amended by striking Code Section 15-11-49, relating to juvenile traffic offenses, and inserting in its place a new Code Section 15-11-49 to read as follows:
"15-11-49. (a) Except as provided in subsection (b) of this Code section, a juvenile wa terways offense consists of a violation by a person under the age of 16 of a law or local ordinance governing the operation of a moving motor vehicle upon the waterways within or adjoining this state.
(b) A juvenile waterways offense is not an act of delinquency unless the case is trans ferred to the delinquency calendar as provided in subsection (f) of this Code section.
(c) The summons, notice to appear, or other designation of a citation accusing a child of committing a juvenile waterways offense constitutes the commencement of the proceedings in the court of the county in which the alleged violation occurred and serves in place of a summons and petition under this article. These cases shall be filed and heard separately from other proceedings of the court. If the child is taken into custody on the charge, Code Sections 15-11-18 and 15-11-21 shall apply. If the child is, or after commencement of the proceedings becomes, a resident of another county of this state, Code Section 15-11-16 shall apply.
(d) The court shall fix a time for a hearing and shall give reasonable notice thereof to the child and, if their address is known, to the parents, guardian, or custodian. If the accu sation made in the summons, notice to appear, or other designation of a citation is denied, an informal hearing shall be held at which the parties shall have the right to subpoena witnesses, present evidence, cross-examine witnesses, and appear by counsel. The hearing shall be open to the public.

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(e) If the court finds on the admission of the child or upon the evidence that he com mitted the offense charged, it may make one or more of the following orders:
(1) Reprimand or counsel with the child and his parents, custodian, or guardian; or
(2) Order the child to remit to the general fund of the county a sum not exceeding the maximum applicable to an adult for a like offense.
(f) In lieu of the preceding orders, if the evidence indicates the advisability thereof, the court may transfer the case to the delinquency calendar of the court and direct the filing and service of a summons and petition in accordance with this article. The judge so ordering is disqualified, upon objection, from acting further in the case prior to an adjudication that the child committed a delinquent act."
Section 8. Said article is further amended by striking Code Section 15-11-50, which reads as follows:
"15-11-50. (a) The judge may appoint one or more persons to serve at the pleasure of the judge as traffic referees on a full or part-time basis. A traffic referee shall be a member of the State Bar of Georgia or shall be otherwise qualified by experience and training. His compensation shall be fixed by the judge with the approval of the governing authority of the county and shall be paid in equal monthly installments from county funds, unless otherwise provided by law.
(b) The court may direct that any case or class of cases arising under Code Section 1511-49 shall be heard in the first instance by a traffic referee who shall conduct the hearing in accordance with Code Section 15-11-49. Upon the conclusion of the hearing the traffic refe ree shall transmit written findings of fact and recommendations for disposition to the judge with a copy thereof to the child and other parties to the proceedings.
(c) Within three days after receiving the copy the child may file a request for a rehear ing before the judge of the court, who shall thereupon rehear the case at a time fixed by him. Otherwise, the judge may confirm the findings and recommendations for disposition, which then become the findings and order of disposition of the court.",
and inserting in its place a new Code Section 15-11-50 to read as follows:
"15-11-50. (a) As used in this Code section, the term 'juvenile traffic offense' means a violation by a licensed juvenile driver of:
(1) A law or local ordinance governing the operation of a moving motor vehicle upon the streets or highways of this state; or
(2) Any other motor vehicle traffic law or local ordinance if the child is taken into cus tody and detained for its violation.
(b) Any court having jurisdiction of persons 17 years of age or over who are accused of committing any traffic offense described in paragraph (1) or (2) of subsection (a) of this Code section shall have original jurisdiction of licensed juvenile drivers who are accused of committing any juvenile traffic offense within the territorial jurisdiction of that court, and the proceedings regarding the prosecution of such licensed juvenile drivers shall be the same as for the prosecution of persons 17 years of age or over unless otherwise provided in this Code section.
(c) Upon conviction of a licensed juvenile driver for any juvenile traffic offense, the court in which the conviction was obtained may make one or more of the following orders:
(1) Reprimand or counsel with the convicted person and that person's parents, custo dian, or guardian;
(2) Suspend or revoke the convicted person's privilege to drive under stated conditions and limitations for a period not to exceed that authorized for an adult for the conviction of a like offense or, in the case of a convicted person who has never had a driver's license, prohibit the issuance of a driver's license to such person for any period not to exceed the date on which the convicted person becomes 18 years of age;

THURSDAY, MARCH 5, 1987

1537

(3) Require the convicted person to attend a driver improvement clinic or program ap proved by the Department of Public Safety;
(4) Order the convicted person to remit to the general fund of the county a sum not exceeding the maximum applicable to an adult for a like offense; or
(5) Recommend to that juvenile court which has jurisdiction over the convicted person for any otherwise delinquent acts committed by that person the imposition of any sanction authorized by Title 40 to be imposed on an adult for the conviction of a like offense, which recommendation to the juvenile court shall constitute a finding that the convicted person committed a delinquent act but which recommendation shall be advisory only as to the sanction, and that juvenile court may make any disposition of the convicted person which that court is authorized to make of a delinquent child under Code Section 15-11-35 as long as that disposition does not exceed in severity the recommendation to the juvenile court.
(d) A court making a recommendation of sanctions pursuant to paragraph (5) of subsec tion (c) of this Code section shall transfer to the juvenile court to which the recommenda tion is made a copy of the papers, transcripts, and other documents relating to the case. The transferring court shall order the convicted person to be taken forthwith to the juvenile court or to a place of detention designated by that court or shall release that person to the custody of that person's parent, guardian, custodian, or other person legally responsible for the convicted person, to be brought before the juvenile court at the time designated by that court. That juvenile court may have made the social study and report authorized under Code Section 15-11-32 regarding the convicted person. That juvenile court shall hold a dispositional hearing as provided in Code Section 15-11-33. The juvenile court's order of dispo sition shall not constitute a conviction of a crime. Records of the juvenile court regarding its own proceedings pursuant to this Code section shall be subject to the same limitations as are other records of that court pursuant to this title.
(e) Upon the conviction of a licensed juvenile driver for any juvenile traffic offense which would be a violation of Title 40 if committed by an adult, the court in which the conviction was obtained shall forward to the Department of Public Safety the same records and documents, including but not limited to suspended or revoked drivers' licenses, which the court is required to forward to that department for adults convicted of a like offense. The Department of Public Safety shall record the conviction on the convicted person's per manent record, which conviction shall be deemed a conviction for the purpose of suspending or revoking the convicted person's driver's license. That record shall also be available to law enforcement agencies and courts as are the permanent traffic records of adults. The provi sions of this subsection shall apply to convictions of juvenile traffic offenses notwithstanding any other provisions of this article to the contrary.
(f) A licensed juvenile driver accused or convicted of a juvenile traffic offense shall have the same rights in the prosecutorial proceedings involving that offense and the same rights to appeal that conviction as do adults accused or convicted of a like offense and shall have the same rights as any other child regarding any disposition as a delinquent child by the juvenile court pursuant to Code Section 15-11-35.
(g) A person accused of committing a juvenile traffic offense shall not be detained in any facility prior to the earlier of the hearing on the charges or the date set for the trial of such charges and may only be detained in a facility authorized under subsection (a) of Code Section 15-11-20 for the detention of children alleged to be delinquent."
Section 9. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute to HB 290 offered by the Senate Committee on Chil dren and Youth, Senator Peevy of the 48th called for the yeas and nays; the call was sus tained, and the vote was as follows:

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JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Albert Allgood Barker Bowen Brannon Bryant Burton Coleman Crumbley Dean Echols

English Fincher Garner Gillis Hudgins Huggins Kennedy Kidd Langford McGill McKenzie

Newbill Perry Ragan Ray Scott of 2nd Scott of 36th Shumake Starr Tate Turner Walker

Those voting in the negative were Senators:

Baldwin Barnes BBrroowunn ooff 4467tthh
Dawkins
Deal

Edge Engram ,,Hams
Hlne
Olmstead

Peevy Phillips S,,.tumb, augh,
Tolleson
Tysinger

Those not voting were Senators:

Coverdell Foster

Harrison Howard

Land Timmons

On the adoption of the substitute, the yeas were 33, nays 16, and the substitute to HB 290 offered by the Senate Committee on Children and Youth was adopted.

The President announced that, since the substitute to HB 290 offered by the Senate Committee on Children and Youth was adopted, the substitute offered by Senators Peevy of the 48th and Deal of the 49th became moot.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes
B) owen
RBroanunn0onff 4^6ith, Brown of 47th Bryant Burton Coleman Crumbley Dean Echols Edge

English Engram Fincher Garner Gillis
Harris
THIine, . " ud S ms Huggins Kennedy Kidd Langford McGill McKenzie Newbill

Olmstead Perry Phillips Ragan Ray
Scott of 2nd
S,,.cott of 36th Starr Stumbaugh Tate Timmons Tolleson Turner Tysinger Walker

THURSDAY, MARCH 5, 1987

1539

Those voting in the negative were Senators:

Dawkins

Deal

Peevy

Those not voting were Senators:

Coverdell Foster

Harrison Howard

Land Shumake

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

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

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

HB 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 Conference Committee report on HB 380 was as follows:

The Committee of Conference on HB 380 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 380 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ W. F. Harris Senator, 27th District
/s/ Rooney L. Bowen Senator, 13th District
/s/ Bill English Senator, 21st District

FOR THE HOUSE OF REPRESENTATIVES:
/a/ Jerry D. Jackson Representative, 9th District
/s/ Marvin Adams Representative, 79th District
/s/ Bill Barnett Representative, 10th District

Conference Committee substitute to HB 380:

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 vehicles and traffic, is amended by striking Code Section 40-3-35.1, relating to certificates of title for

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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 Geor gia 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 Geor gia certificate of title is marked 'salvage' pursuant to subsection (e) of Code Section 40-3-35 and for which the transferee is anyone other than a licensed dealer as defined in Code Sec tion 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 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.
(2) Upon inspection by the commissioner and compliance with paragraph (2) of subsec-

THURSDAY, MARCH 5, 1987

1541

tion (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 cur rent certificate of title is marked 'salvage' shall make application for and obtain a certificate of title as provided in this Code section prior to the sale or transfer of said motor vehicle."
Section 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 less than $7.50 nor more than $10.00 shall be charged by each emission inspection station for performance of the emission inspection and emission control equip ment 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, onehalf 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 administra tive 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 adopt the Conference Committee report on HB 380.
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 Garner Gillis Harris Hine Hudgins Huggins Kennedy Kidd Land Langford

McGill McKenzie Olmstead Perry Phillips Ragan Ray Scott of 2nd Scott of 36th Shumake Starr Tate Tolleson Turner Tysinger Walker

Voting in the negative were Senators Peevy and Stumbaugh.

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JOURNAL OF THE SENATE

Those not voting were Senators:

Foster Harrison

Howard Newbill

Timmons

On the motion, the yeas were 48, nays 2; the motion prevailed, and the Senate adopted the Conference Committee report on HB 380.

Senator Starr of the 44th moved that the following bill of the House, having been passed by substitute previously today, be immediately transmitted to 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.

On the motion, the yeas were 36, nays 0; the motion prevailed, and HB 226 was imme diately 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 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.
Senate Sponsor: Senator McKenzie of the

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

On the passage of the 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 Engram Fincher Garner Gillis Harris Hine Hudgins Huggins Kennedy Kidd Land McGill

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

THURSDAY, MARCH 5, 1987

1543

Those not voting were Senators:

Coleman English Foster Harrison

Howard Langford Perry

Phillips Ray Tate

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

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

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

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 House amendment was as follows:

Amend SB 177 as follows: On page 1, line 20 strike the date, "April 1, 1987", and insert "January 1, 1989"; On page 2, line 28 strike the date, "April 1, 1987", and insert "January 1, 1989".

Senator Peevy of the 48th moved that the Senate agree to the House amendment to SB 177.

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 Engram Fincher Garner Gillis Harris Hudgins Huggins Kennedy Kidd Land

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

Those voting in the negative were Senators:

Hine

Newbill

Tysinger

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JOURNAL OF THE SENATE

Those not voting were Senators:

Coleman English Foster Harrison

Howard Langford McGill

Perry Ray Tate

On the motion, the yeas were 42, nays 3; the motion prevailed, and the Senate agreed to the House amendment to SB 177.

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

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.
Senate Sponsors: Senators English of the 21st and 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 Bwen
Brannon Broun of 46th Brown of 47th Bryant Burton Coverdell Crumbley Dawkins Deal Dean

Echols Edge Engram Garner Gillis Harris
Harrison ... mf . Hudgms Huggins Kennedy Kidd Land Langford McGill

McKenzie Newbill Olmstead Peevy Phillips Ragan
Scott of 2nd ., ,, ,, ,,,,,, Scott of 36th Shumake Starr Stumbaugh Tolleson Turner Tysinger Walker

Those not voting were Senators:

Coleman English Fincher

Foster Howard Perry

Ray Tate Timmons

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

THURSDAY, MARCH 5, 1987

1545

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

Allgood Baldwin Barker Barnes Bowen Brannon Broun of 46th Brown of 47th Bryant Burton Coverdell Crumbley Dawkins Dean Echols Edge

English Engram Fincher Garner Gillis Harris Harrison Hine 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 Walker

Those not voting were Senators:

Albert Coleman Deal

Foster Howard

Tate Tysinger

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

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

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.
Senate Sponsor: Senator Olmstead of the 26th.

The Senate Committee on Judiciary offered the following substitute to HB 365:

A BILL To be entitled an Act to amend Code Section 16-11-106 of the Official Code of Georgia

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JOURNAL OF THE SENATE

Annotated, 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 on or within arm's reach of the person; to change certain crimes to which such firearm or knife restriction applies; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 16-11-106 of the Official Code of Georgia Annotated, relating to the possession of a firearm or knife during the commission of or attempt to commit certain crimes, is amended by striking in its entirety subsection (b) of said Code section and in serting in its place a new subsection (b) to read as follows:
"(b) Any person who shall have on or within arm's reach of his person a firearm or a knife having a blade of three or more inches in length during the commission of, or the attempt to commit:
(1) Any crime against or involving the person of another;
(2) The unlawful entry into a building or vehicle;
(3) A theft from a building or theft of a vehicle;
(4) Any crime involving the possession, manufacture, delivery, distribution, dispensing, administering, selling, or possession with intent to distribute any controlled substance as provided in Code Section 16-13-30; or
(5) Any crime involving the trafficking of cocaine, marijuana, or illegal drugs as pro vided in Code Section 16-13-31,
and which crime is a felony, commits a felony and, upon conviction thereof, shall be pun ished by confinement for a period of five years, such sentence to run consecutively to any other sentence which the person has received."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen
Brannon Broun of 46th BBRDruroyrwatonnnti of 47th
Crumbley Dawkins Deal
Dean Echols Edge

English Engram Fincher Garner Gillis Harris
Harrison Rine uHH_ _uud^jgli.nnss
Kennedy Kidd Land
McGill McKenzie Newbill

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

THURSDAY, MARCH 5, 1987

1547

Those not voting were Senators:

Coleman Coverdell

Foster Howard

Langford Tate

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 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.
Senate Sponsors: Senators Barnes of the 33rd and 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 Baldwin Barker
Barnes Brannon Brown of 47th Bryant Burton Crumbley Dawkins Deal Edge English

Engram Fincher Garner
Gillis Harris Harnson Huggms Kennedy Kidd Land McGill Newbill Olmstead

Those voting in the negative were Senators:

Bowen McKenzie

Perry Ragan

Those not voting were Senators:

Allgood Broun of 46th Coleman Coverdell

Dean Echols Foster Hine

On the passage of the bill, the yeas were 38, nays 5.

Peevy Phillips Ray Scott of 2nd Scott of 36th Shumake ,,*tarr , Stumbaugh Tolleson Turner Tysinger Walker
Timmons
Howard Hudgins Langford Tate

1548

JOURNAL OF THE SENATE

The bill, having received the requisite constitutional majority, was passed.
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 O.C.G.A., 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 ser vice of the complaint upon which the garnishment judgment was obtained. Senate Sponsor: Senator Deal of the 49th.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Edge English Engram Fincher Gillis Harris
Harrison ffine ,, ,. ^ ms Huggins Kennedy Kidd Land Langford McGill McKenzie

Newbill Olmstead Peevy Perry Phillips Ray
Scott of 2nd Scott of 36th 0. f arr , , Stumbaugh Tate Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Coleman Foster

Garner Howard

Ragan Shumake

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

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

HB 267. By Representatives Smyre of the 92nd, Benefield of the 72nd, Lawson of the 9th and Mangum of the 57th:
A bill to amend Title 20 of the O.C.G.A., relating to education, so as to provide for boards of directors for postsecondary vocational-technical schools; to provide for the compensation and other benefits of employees of postsecondary voca tional-technical schools; to provide for inclusion of employees of postsecondary vocational-technical schools in the state merit system.
Senate Sponsor: Senator Barnes of the 33rd.

Senator Kidd of the 25th moved that HB 267 be postponed until March 6.

THURSDAY, MARCH 5, 1987

1549

On the motion, the yeas were 39, nays 0; the motion prevailed, and HB 267 was post poned until March 6.
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. 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 Baldwin Barker Barnes Bowen Brannon Broun of 46th Brown of 47th Bryant Burton Coverdell Crumbley Dawkins Deal

Dean Echols Edge English Engram Fincher Garner Gillis Hine Huggins Kennedy Kidd Land McGill

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

Those not voting were Senators:

Allgood Coleman
Harris Harrison

Howard Hudgins
Langford Phillips

Ragan Scott of 2nd
Shumake Timmons

On the passage of the bill, the yeas were 42, nays 0.

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

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.
Senate Sponsors: Senators Hudgins of the 15th and Peevy of the 48th.

Senator Peevy of the 48th offered the following amendment:

1550

JOURNAL OF THE SENATE

Amend HB 713 by striking from lines 1 through 3 of page 1 the following:
"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",
and inserting in its place the following:
"To amend Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mortgages, conveyances to secure debt, and liens, so as to provide for the discharge of cer tain mechanics' or materialmen's liens when the lien amount is $1,500.00 or less; to provide for procedures; to provide".
By striking from lines 10 through 13 of page 1 the following:
"Section 1. Part 10 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to miscellaneous liens, is amended by adding at the end thereof a new",
and inserting in its place the following:
"Section 1. Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mortgages, conveyances to secure debt, and liens, is amended by striking subsection (a) of Code Section 44-14-364, relating to the release of certain liens upon the filing of a bond, and inserting in its place a new subsection (a) to read as follows:
'(a) (1) Except as otherwise provided in paragraph (2) of this subsection, when any person entitled under this part to claim a lien against any real estate located in this state files his lien in the office of the clerk of the superior court of the county in which the real estate is located, the owner of the real estate or the contractor employed to improve the property may, before or after foreclosure proceedings are instituted, discharge the lien by filing a bond in the office of that clerk. The bond shall be conditioned to pay to the holder of the lien the sum that may be found to be due the holder upon the trial of any action that may be filed by the lienholder to recover the amount of his claim within 12 months from the time the claim becomes due. The bond shall be in double the amount claimed under that lien and shall be either a bond with good security approved by the clerk of the court or a cash bond, except in cases involving a lien against residential property, in which event the bond shall be in the amount claimed under the lien. Upon the filing of the bond provided for in this Code section, the real estate shall be discharged from the lien. With respect to property bonds, the clerk shall not accept any real property bond unless the real property is scheduled in an affidavit attached thereto setting forth a description of the property and indicating the record owner thereof, including any liens and encumbrances and amounts thereof, the market value, and the value of the sureties' interest therein, which affidavit shall be executed by the owner or owners of the interest; the bond and affidavit shall be recorded in the same manner and at the same cost as other deeds of real property. So long as the bond exists, it shall constitute a lien against the property described in the attached affidavit.
(2) When any person entitled under this part to claim a lien of $1,500.00 or less against any real estate located in this state files his lien in the office of the clerk of the superior court of the county in which the real estate is located, the owner of the real estate may discharge such lien by paying the amount of such lien, in cash, to such clerk. Such payment shall be held by such clerk under the condition that it be paid over to the holder of the lien upon judgment in favor of such lienholder in any action that may be filed by such lienholder to recover the amount of his claim within 12 months from the time the claim becomes due or if such case is otherwise disposed of in favor of the lienholder. If such judgment is ren dered in favor of the owner of the real estate or if the case is otherwise disposed of in favor of such owner, such amount shall be returned to such owner. Upon the payment of such amount to such clerk as provided for in this paragraph, the real estate shall be discharged from the lien.'
Section 2. Said chapter is further amended by adding a new Code section immediately following Code Section 44-14-516, to be designated".
By redesignating Sections 2 and 3 as Sections 3 and 4, respectively.

THURSDAY, MARCH 5, 1987

1551

On the adoption of the amendment, the yeas were 34, nays 0, and the amendment was adopted.

The President 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 and placed on the Senate General Calendar.

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.

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

Edge English
Engram Garner Gillis "arris

Peevy Perry
Phillips Ragan j^av Scott of 2nd

RBroun off 4,,6,t,h. BBrroywannt of 47th Burton Coverdell Dawkins Deal Dean Echols

5HTMud?gm s MKeungngeindsy Kidd Land McGill McKenzie Newbill Olmstead

S~ cott of 36th S,, tumb, augh, Tate Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Coleman Crumbley Fincher

Foster Harrison Howard

Langford Shumake

On the passage of the bill, the yeas were 47, 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 184.

Respectfully submitted,
/s/ Ed Barker, Chairman Senator, District 18

1552

JOURNAL OF THE SENATE

Serving as doctor of the day today was Dr. Jack Menendez of Macon, Georgia.
Senator Allgood of the 22nd moved that the Senate stand in recess until 6:00 o'clock P.M. at which time the Senate would stand adjourned until 9:00 o'clock A.M. March 6, and the motion prevailed.
At 12:51 o'clock P.M., the President announced the Senate would stand in recess until 6:00 o'clock P.M. at which time the Senate would stand adjourned until 9:00 o'clock A.M. March 6.

FRIDAY, MARCH 6, 1987

1553

Senate Chamber, Atlanta, Georgia Friday, March 6, 1987
Thirty-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 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 1119. By Representatives Hasty of the 8th, Prichard of the 8th and Barnett of the 10th: A bill to amend an Act creating a charter for the City of Ball Ground, in Cherokee County, so as to expand the corporate limits.
HB 1124. By Representatives Childers of the 15th, McKelvey of the 15th and Smith of the 16th: A bill to amend an Act abolishing the offices of tax receiver and tax collector of Floyd County and creating in their place the office of tax commissioner of Floyd County, so as to authorize the Board of Commissioners of Floyd County to sup plement the compensation of that tax commissioner.
HB 1125. By Representatives Childers of the 15th, McKelvey of the 15th and Smith of the 16th: A bill to amend an Act establishing the compensation and allowances for the clerk of the Superior Court of Floyd County and the judge of the Probate Court of Floyd County, so as to authorize the Board of Commissioners of Floyd County to supplement the compensation of such officers.
HB 1126. By Representative Dixon of the 151st: A bill to amend an Act providing and establishing a new charter for the City of Waycross, so as to provide for the office of mayor.
HB 1127. By Representatives Snow of the 1st and Hays of the 1st: A bill to amend an Act creating the State Court of Walker County, so as to pro vide for a secretary for the judge of the court.
HB 1128. By Representatives Brown of the 88th, Cheeks of the 89th, Padgett of the 86th, Connell of the 87th and Walker of the 85th: A bill to amend an Act regulating public instruction in Richmond County, so as to change the compensation of the members and officers of the Board of Educa tion of Richmond County.

1554

JOURNAL OF THE SENATE

HB 1129. By Representatives Twiggs of the 4th and Colwell of the 4th:
A bill to provide for a $10,000.00 homestead exemption from all City of Sky Val ley ad valorem taxes for residents of that city; to provide for a referendum.
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.
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.
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 pointment of deputy coroners by the coroner and their compensation for death investigations; to provide an effective date.
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.
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.
The House has adopted by the requisite constitutional majority the following resolu tions of the House and Senate:
HR 282. By Representative Phillips of the 120th:
A resolution to ratify a proposed amendment to the Constitution of the United States of America relative to compensation for the services of members of the United States Congress.
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.

FRIDAY, MARCH 6, 1987

1555

The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate:
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 House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate:
SB 289. By Senators Howard of the 42nd, Hine of the 52nd and Barnes of the 33rd:
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 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.
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.
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 House has passed by the requisite constitutional majority the following bills 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.
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

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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 House has agreed to the Senate amendment to the following bill of the House:
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.
The House has adopted the report of the Committee of Conference on the following bill of the House:
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.
The House has disagreed to the Senate substitute to 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 House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
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 following resolutions of the Senate were introduced, read the first time and re ferred to committee:
SR 204. By Senator Kidd of the 25th: A resolution creating the Senate Merit System Study Committee.
Referred to Committee on Rules.
SR 208. By Senators Turner of the 8th and Harris of the 27th: A resolution creating the Housing Study Committee of the Senate.
Referred to Committee on Rules.

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1557

The following bills of the House were read the first time and referred to committee:
HB 1119. By Representatives Hasty of the 8th, Prichard of the 8th and Barnett of the 10th: A bill to amend an Act creating a charter for the City of Ball Ground, in Cherokee County, so as to expand the corporate limits.
Referred to Committee on Urban and County Affairs.
HB 1124. By Representatives Childers of the 15th, McKelvey of the 15th and Smith of the 16th: A bill to amend an Act abolishing the offices of tax receiver and tax collector of Floyd County and creating in their place the office of tax commissioner of Floyd County, so as to authorize the Board of Commissioners of Floyd County to sup plement the compensation of that tax commissioner.
Referred to Committee on Urban and County Affairs.
HB 1125. By Representatives Childers of the 15th, McKelvey of the 15th and Smith of the 16th: A bill to amend an Act establishing the compensation and allowances for the clerk of the Superior Court of Floyd County and the judge of the Probate Court of Floyd County, so as to authorize the Board of Commissioners of Floyd County to supplement the compensation of such officers.
Referred to Committee on Urban and County Affairs.
HB 1126. By Representative Dixon of the 151st: A bill to amend an Act providing and establishing a new charter for the City of Waycross, so as to provide for the office of mayor.
Referred to Committee on Urban and County Affairs.
HB 1127. By Representatives Snow of the 1st and Hays of the 1st: A bill to amend an Act creating the State Court of Walker County, so as to pro vide for a secretary for the judge of the court.
Referred to Committee on Urban and County Affairs.
HB 1128. By Representatives Brown of the 88th, Cheeks of the 89th, Padgett of the 86th and others: A bill to amend an Act regulating public instruction in Richmond County, so as to change the compensation of the members and officers of the Board of Educa tion of Richmond County.
Referred to Committee on Urban and County Affairs.
HB 1129. By Representatives Twiggs of the 4th and Colwell of the 4th: A bill to provide for a $10,000.00 homestead exemption from all City of Sky Val ley ad valorem taxes for residents of that city; to provide for a referendum.
Referred to Committee on Urban and County Affairs.
The following reports of standing committees were read by the Secretary:
Mr. President:
The Committee on Appropriations has had under consideration the following resolu tions of the House and has instructed me to report the same back to the Senate with the following recommendations:

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HR 56. HR 218. HR 254.

Do pass. Do pas. 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 327. HB 479. HB 563.

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

HB 610. HB 611. HB 720.

Do pass. Do pass. 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 House and has instructed me to report the same back to the Senate with the follow ing recommendation:
HB 882. Do not pass.
Respectfully submitted,
Senator Barker of the 18th District, Chairman

Mr. President:

The Committee on Consumer Affairs has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 431. Do pass by substitute. HB 743. Do pass by substitute. HB 812. Do pass.
Respectfully submitted,
Senator Scott of the 2nd District, Chairman

Mr. President:

The Committee on Corrections 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 232. Do pass as amended.
Respectfully submitted,
Senator Garner of the 30th District, Chairman

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1559

Mr. President:

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

HB 387. Do pass as amended. HB 897. Do pass.

HB 1035. Do pass as amended. HB 1036. Do pass as amended.

Respectfully submitted,

Senator Kidd of the 25th District, Chairman

The following communication from Senator Howard of the 42nd, Chairman of the Human Resources Committee, was received and read by the Secretary:

The State Senate
Atlanta
March 5, 1987
Mr. Hamilton McWhorter Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334
Dear Hamilton:
Due to illness in my family, I will be unable to preside at the Human Resources Com mittee Meeting on Thursday, March 5, 1987. In my absence, Senator Ed Hine, Vice Chair man, will preside. Thank you.
Sincerely, /a! 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 bills and resolution of the House and has instructed me to report the same back to the Senate with the following recommendations:

HR 166. Do pass.

HB 968. Do pass.

HB 433. Do pass.

HB 839. Do pass.

HB 797. Do pass.

Respectfully submitted,

Senator Hine of the 52nd District, Vice Chairman

Mr. President:

The Committee on Human 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:

HR 92. Do pass by substitute.

HB 541. Do pass as amended.

HB 707. Do pass by substitute.

HB 107. Do pass by substitute.

HB 462. Do pass by substitute.

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Respectfully submitted, Senator Hine of the 52nd District, Vice Chairman
Mr. President:
The Committee on Judiciary has had under consideration the following resolution of the House and has instructed me to report the same back to the Senate with the following recommendation:
HR 176. Do pass by substitute. Respectfully submitted, Senator Deal of the 49th District, Chairman
Mr. President:
The Committee on Natural Resources has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 7. Do pass by substitute. Respectfully submitted, Senator Gillis of the 20th 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 199. Do pass. SR 200. Do pass as amended. HR 219. Do pass as amended.
Respectfully submitted, Senator Dean of the 31st 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 455. Do pass by substitute. HB 607. Do pass.
Respectfully submitted, Senator Turner of the 8th District, Chairman
Mr. President:
The Committee on Urban and County Affairs has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:

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1561

HB 1099. 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 390. SB 392. HB 746. HB 850. HB 851. HB 852. HB 853. HB 854. HB 932. HB 969. HB 1000. HB 1002. HB 1006. HB 1007. HB 1015.

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

HB 1018. Do pass. HB 1019. Do pass. HB 1043. Do pass by substitute. HB 1050. -'Do pass as amended. HB 1054. Do pass. HB 1068. Do pass. HB 1069. Do pass by substitute. HB 1077. Do pass. HB 1078. Do pass. HB 1080. Do pass. HB 1095. Do pass. HB 1096. Do pass. HB 1108. Do pass. HB 1109. Do pass. HB 1110. Do pass.

Respectfully submitted, Senator Turner of the 8th District, Chairman

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

HB 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 327. By Representatives Walker of the 115th, Padgett of the 86th, Groover of the 99th and others:
A bill to amend Code Section 48-5-7.1 of the Official Code of Georgia Annotated, relating to preferential ad valorem tax assessment of tangible real property de voted to agricultural purposes, so as to change the penalties imposed for the breach of a covenant to maintain preferentially assessed property in bona fide agricultural purposes.

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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.
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 479. By Representatives Peters of the 2nd, Ramsey of the 3rd, Kilgore of the 42nd and Dover of the llth:
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 the purpose of certain water, sewer, or water and sewer capital outlay projects to be owned and operated by a county water and sewer district and one or more municipalities.
HB 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.
HB 610. By Representative Crosby of the 150th:
A bill to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation, so as to provide a monetary penalty against any public utility company which fails to file a timely tax return.
HB 611. By Representative Crosby of the 150th:
A bill to amend Code Section 48-2-18 of the Official Code of Georgia Annotated, relating to the State Board of Equalization, so as to change the time allowed for the state revenue commissioner to notify taxpayers of their proposed assessments.
HB 720. By Representative Pinkston of the 100th:
A bill to amend Article 6 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to business development corporations, so as to increase the maximum amount of certain loans that members may make to business develop ment corporations; to modify the manner in which calls for member loans made by a business development corporation shall be apportioned among its members.
HB 797. By Representatives Lupton of the 25th and Hays of the 1st:
A bill to amend Chapter 3 of Title 30 of the Official Code of Georgia Annotated, relating to access to and use of governmental and public buildings and facilities by physically handicapped persons, so as to redefine terms; to change provisions relating to standards for buildings and facilities.

FRIDAY, MARCH 6, 1987

1563

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 897. By Representatives Bostick of the 138th and Carter of the 146th:
A bill to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, so as to au thorize the State Personnel Board to contract with the Georgia Agrirama Devel opment Authority for the inclusion in the health insurance plan of employees of the authority and their spouses and dependent children.
HB 968. By Representative Parham of the 105th:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change the listing of certain controlled substances and dangerous drugs.
HB 1035. By Representatives McDonald of the 12th, Murphy of the 18th and Walker of the 115th:
A bill to amend Article 1 of Chapter 9 of Title 10 of the Official Code of Georgia Annotated, relating to general provisions affecting the Geo. L. Smith II Georgia World Congress Center, so as to authorize the Geo. L. Smith II Georgia World Congress Center Authority by contract to exercise its corporate powers with re spect to convention and trade show facilities of counties, municipalities, and local authorities.
HB 1036. By Representatives McDonald of the 12th, Murphy of the 18th and Walker of the 115th:
A bill to amend Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, so as to confirm and provide that the Department of Community Affairs shall have the authority to make grants to counties and municipalities, or combinations thereof, for projects and purposes to the extent and for purposes set forth in appropriations to the department.
HR 56. By Representative Mueller of the 126th:
A resolution compensating Ms. Allene Persons in the sum of $1,482.93.
HR 166. By Representatives Martin of the 26th, Orrock of the 30th, Hamilton of the 124th and others:
A resolution directing the Department of Human Resources to prepare a report for the General Assembly on the impact of Acquired Immune Deficiency Syn drome (AIDS), AIDS Related Complex (ARC), and Human Immunodeficiency Virus (HIV) on the State of Georgia and the state's health care delivery system and to make recommendations.

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HR 176. By Representatives Byrd of the 153rd, Moody of the 153rd, Smith of the 152nd and others: A resolution creating the Brunswick Judicial Circuit Study Committee.
HR 218. By Representative Padgett of the 86th: A resolution compensating Mr. Dorian Patrick Wells, Jr. in the sum of $956.00.
HR 254. By Representative Bannister of the 62nd: A resolution compensating Mr. Bryan Todd Fitzgerald in the sum of $1,309.89.
SR 199. By Senators Howard of the 42nd and Kidd of the 25th: A resolution urging the Governor to fill at least one position on the Board of Human Resources by a person who has a physical disability.
SR 200. By Senators Coleman of the 1st, Huggins of the 53rd and Bryant of the 3rd: A resolution creating the Senate Transportation Study Committee.
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.
HB 232. By Representatives Padgett of the 86th, Ransom of the 90th, Cheeks of the 89th, Brown of the 88th, Walker of the 85th and others: A bill to amend Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, known as the "Statewide Probation Act", so as to provide that any county probation system, including any state court adult probation system, may become a part of the state-wide probation system.
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.
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.
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.

FRIDAY, MARCH 6, 1987

1565

HB 541. By Representative Athon of the 57th:
A bill to amend Article 6 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to anatomical gifts, so as to provide that a bank or storage facility must be licensed, accredited, or approved under the laws of this state; to provide that a hospital shall maintain a written cooperative agreement with at least one bank or storage facility for the purpose of procuring anatomical gifts.

HB 607. By Representatives Martin of the 26th, Benn of the 38th, Sinkfield of the 37th and others:
A bill to amend an Act creating county building authorities in counties having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census, so as to increase the amount of bonds which may be issued by such authorities.

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 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".

HB 812. By Representatives Bannister of the 62nd, Barnett of the 59th, Wood of the 9th and others:
A bill to amend Code Section 3-3-7 of the Official Code of Georgia Annotated, relating to local authorization and regulation of sales of alcoholic beverages on Sunday, so as to provide that the governing authorities of certain counties and municipalities may authorize the sale of alcoholic beverages during certain hours on Sundays.

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.

HR 219. By Representatives Moore of the 139th, Mangum of the 57th, Dover of the llth and others:
A resolution creating the Joint Educational Assessment Study Committee.

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

Albert Allgood Baldwin Barker

Brannon Brown of 47th Bryant Burton

Dawkins Deal Dean Echols

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Edge English Engram Foster GTHTaarrnriesr Harrison Hine
Howard
Hudgins Huggins

Kennedy Kidd Land McGill MXNTecwKbue-inililzie Olmstead Peevy
Perry
Phillips Ray

Scott of 2nd Scott of 36th Shumake Starr 0TSt, umb. augh, late Tolleson
Turner
Tysinger Walker

Those not answering were Senators:

Barnes Bowen Broun of 46th Coleman

Coverdell Crumbley Fincher Gillis

Langford Ragan Timmons

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

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

SR 202. By Senators Burton of the 5th, Tysinger of the 41st, Kidd of the 25th and others: A resolution expressing regret at the passing of J. Erskine Love, Jr.

SR 203. By Senators Shumake of the 39th and Tate of the 38th: A resolution commending Thelma Branch McKelpin.

SR 205. By Senator Kidd of the 25th: A resolution commending Mr. Richard W. Bertoli.

SR 206. By Senator Kidd of the 25th: A resolution commending Mr. Frederick Thomas "Tom" Main, Jr.

SR 207. By Senator Kidd of the 25th:
A resolution commending and wishing a Happy Birthday to Rita Bagwell McDuffie.

HR 377. By Representative Ramsey of the 3rd: A resolution commending Morris L. McDonald.

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

SENATE LOCAL CONSENT CALENDAR Friday, March 6, 1987
THIRTY-SEVENTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.)

FRIDAY, MARCH 6, 1987

1567

*SB 390 Peevy, 48th Phillips, 9th City of Snellville Gwinnett County
Amends Act incorporating city; de-annexes and excludes certain property from corporate limits. (SUBSTITUTE)
SB 392 Echols, 6th Pierce County
Consolidates offices of tax receiver and tax collector or county into office of tax commissioner of county; provides for oath, rights, duties, and liabilities of said office; provides for election of tax commissioner; provides for terms of office; provides for method of filling vacancies.
HB 746 Kidd, 25th Hancock County
Amends Act creating Board of County Commissioners of Hancock County; changes compensation of chairman of board.
HB 850 Dean, 31st Hine, 52nd Bartow County
Provides that each resident of Bartow County School District who is 62 years of age or over and whose income from all sources, including the income of all family members residing within said homestead, does not exceed $18,000.00 per annum shall be granted an exemption from all Bartow County School District taxes on the full value of such person's homestead owned and occu pied by such person as a residence.
HB 851 Dean, 31st Hine, 52nd Bartow County
Continues constitutional amendment which relates to providing for election of members of Board of Education of county by people; provides authority for this Act.
HB 852 Dean, 31st Hine, 52nd Bartow County
Provides that county school superintendent of county shall be appointed by vote of Board of Education to serve at pleasure of board.
HB 853 Dean, 31st Hine, 52nd Bartow County
Provides for Board of Education of county.
HB 854 Dean, 31st Hine, 52nd City of White Bartow County
Amends Act incorporating city in county; provides for election of aldermen for terms of four years and until successors are elected and qualified.

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*HB 932 Harrison, 37th City of Kennesaw Cobb County
Amends Act creating new charter for city; changes corporate limits of city. (AMENDMENT)
HB 969 Tysinger, 41st Howard, 42nd Burton, 5th Walker, 43rd Stumbaugh, 55th City of Decatur DeKalb County
Amends Act creating and establishing new charter for city; changes provi sions relating to election of commissioners.
HB 1000 Echols, 6th Gillis, 20th City of Baxley Appling County
Amends Act providing new charter for city; changes corporate limits of city.
HB 1002 Huggins, 53rd City of Summerville Chattooga County
Amends Act consolidating laws chartering city and granting new charter for said city; changes corporate limits of city.
HB 1006 Echols, 6th Charlton County
Continues amendment which relates to creating of Charlton County Develop ment Authority and provisions for its powers, authority, funds, purposes, and procedures.
HB 1007 Echols, 6th Charlton County
Amends Act creating Board of Commissioners of county; provides for election of members of board from districts by residents of such districts.
HB 1015 Harris, 27th City of Barnesville Lamar County
Provides new charter for city.
HB 1018 Bowen, 13th City of Cordele Crisp County
Continues amendment creating Cordele Office Building Authority.
HB 1019 Bowen, 13th City of Cordele Crisp County
Provides for purposes of Cordele Office Building Authority; repeals specific Act relating to Cordele Office Building Authority.

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1569

*HB 1043

Burton, 5th Tysinger, 41st Howard, 42nd Walker, 43rd Stumbaugh, 55th DeKalb Delegation
Amends Act revising, superseding, and consolidating laws relating to gov erning authority of county; provides for an annual salary for Chief Executive and for members of DeKalb County Commission. (SUBSTITUTE)

*HB 1050

Dawkins, 45th Rockdale County
Creates Conyers-Rockdale-Big Haynes Impoundment Authority. (AMEND MENT)

HB 1054 Tysinger, 41st Burton, 5th Howard, 42nd Stumbaugh, 55th Walker, 43rd DeKalb County
Amends Act establishing county districts from which members of county Board of Education shall be elected; changes provisions relative to compensa tion of members of Board of Education.

HB 1068 Burton, 5th Tysinger, 41st Howard, 42nd Stumbaugh, 55th Walker, 43rd DeKalb County
Amends Act providing for compensation of certain county officers and offi cials of DeKalb County; changes compensation of judge of Probate Court and Clerk of Superior Court.

*HB 1069

Burton, 5th Tysinger, 41st Howard, 42nd Stumbaugh, 55th Walker, 43rd DeKalb County
Amends Act providing for compensation of certain county officers and offi cials of county; changes compensation of tax commissioner and provisions re lating to compensation of tax commissioner. (SUBSTITUTE)

HB 1077 Perry, 7th Clinch County
Amends Act providing for reapportionment of Board of Education of county; corrects an error relating to election of successors to initial member of Board of Education of county from Education District No. 2.

HB 1078 Burton, 5th Stumbaugh, 55th Walker, 43rd Howard, 42nd

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Tysinger, 41st DeKalb County Amends Act creating State Court of county (formerly Civil and Criminal Court of county); provides for appointment of additional assistant solicitors of said court.
HB 1080 Brannon, 51st City of Ellijay Gilmer County Creates Ellijay-Gilmer County Water and Sewerage Authority.
HB 1095 Turner, 8th Brooks County Provides that future school superintendents of Brooks County School Dis trict shall be appointed by Board of Education rather than elected.
HB 1096 Turner, 8th City of Quitman Brooks County Continues amendment providing merger of existing independent school sys tem of city and existing school district of Brooks County lying outside corpo rate limits of said city into one school system coextensive with limits of Brooks County.
HB 1108 McKenzie, 14th City of Byron Peach County Amends Act establishing city; authorizes city to have and be authorized to exercise all redevelopment and other powers authorized or granted munici palities pursuant to the "Redevelopment Powers Law", as now or hereafter amended, and provides for certain such powers.
HB 1109 McKenzie, 14th Peach County Amends Act establishing Board of Commissioners of county; authorizes county to have and be authorized to exercise all redevelopment and other powers authorized or granted counties pursuant to the "Redevelopment Pow ers Law".
HB 1110 McKenzie, 14th City of Fort Valley Peach County Amends Act creating new charter for city; authorized Fort Valley to have and be authorized to exercise all redevelopment and other powers authorized or granted municipalities pursuant to "Redevelopment Powers Law".
The amendments to the following bills were put upon their adoption:
*HB 932:
The Senate Committee on Urban and County Affairs offered the following amendment:
Amend HB 932 by striking lines 17 through 34 of page 30, pages 31 and 32, and lines 1 through 28 of page 33 in their entirety.

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1571

On the adoption of the amendment, the yeas were 46, nays 0, and the amendment was adopted.
*HB 1050:
The Senate Committee on Urban and County Affairs offered the following amendment:
Amend HB 1050 by striking all of subsection (b) of Section 2 from line 21 of page 2 through line 22 of page 3 and inserting in lieu thereof the following:
"(b) The authority shall be composed of five members who shall be appointed as pro vided in this subsection. Two members shall be appointed by the chairman of the board of commissioners of Rockdale County; two members shall be appointed by the mayor of the City of Conyers; and one member shall be appointed by the other four members of the authority; provided, however, that, if the fifth appointment has not been made by May 10 of 1987 or any future odd-numbered year, then the superior court judge or judges of Rockdale County shall make such appointment prior to June 1. The terms of all members shall begin on June 1 and shall run until May 31 of the year of expiration and until their successors are appointed and qualified. The initial terms of office shall begin June 1, 1987, and expire May 31, 1989. Thereafter, all terms of office shall be for two years. Successors shall be appointed in the same manner as the initial members in the month of May immediately preceding the expiration of a member's term of office. Any member of the authority may be selected and appointed to succeed himself. As of June 1, 1987, the members of such authority shall enter upon their duties. The members of the authority shall be entitled to reimbursement for their actual expenses necessarily incurred in the performance of their duties but shall not be entitled to any other compensation for their service on the authority. The authority shall have the power to establish bylaws and to promulgate and adopt rules and regulations nec essary or desirable for the management and operation of the authority."
"JunBe"y. striking the word "April" on line 29 of page 3 and inserting in its place the word
By adding after the period on line 34 of page 4 the following:
"No member of the authority shall be a member of the board of commissioners of Rockdale County or a member of the city council of the City of Conyers or the mayor of the City of Conyers."
By striking the word "sale" on line 5 of page 6 and inserting in its place the word "wholesale".
By striking from lines 5 and 6 of page 6 the following:
"users and consumers, including, but not limited to,".
By striking from lines 15 through 17 of page 8 the following:
"; provided, further, that such staffing must have the approval of the Rockdale County delegation of the General Assembly".
On the adoption of the amendment, the yeas were 46, nays 0, and the amendment was adopted.
The substitutes to the following bills were put upon their adoption:

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*SB 390:
The Senate Committee on Urban and County Affairs offered the following substitute to SB 390:
A BILL
To be entitled an Act to amend an Act incorporating the City of Snellville, approved August 20, 1923 (Ga. L. 1923, p. 775), as amended, so as to deannex and exclude certain property from the corporate limits of the city; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act incorporating the City of Snellville, approved August 20, 1923 (Ga. L. 1923, p. 775), as amended, is amended by adding a new section immediately following Sec tion 2A, to be designated Section 2B, to read as follows:
"Section 2B. Notwithstanding any other provision of this charter to the contrary, the following described property is hereby deannexed and excluded from the corporate limits of the City of Snellville:
All that tract or parcel of land lying and being in Land Lots 94 and 93 of the 5th Land District of Gwinnett County, Georgia and being more particularly described as follows:
TO FIND THE POINT OF BEGINNING, commence at the intersection of the southerly right of way line of Summit Turf Lane and the westerly right of way line of Rosebud Road, 25 feet east of the center line of pavement along said road, run thence along said right of way line of Rosebud Road a distance of 129 feet to a point; run thence North 66 degrees 09 minutes 50 seconds West a distance of 15.12 feet to a point, said point being the TRUE POINT OF BEGINNING; run thence along the arc of a curve to the left having an arc distance of 10.09 feet and a radius of 560.871 feet and being subtended by a chord bearing South 16 degrees 08 minutes 05 seconds West having a chord distance of 10.09 feet; run thence North 66 degrees 09 minutes 50 seconds West a distance of 128.79 feet to a point; run thence North 72 degrees 30 minutes 00 seconds West a distance of 257.01 feet to a point; run thence North 32 degrees 43 minutes 00 seconds West a distance of 314.96 feet to a point; run thence North 41 degrees 08 minutes 00 seconds West a distance of 756.07 feet to a point; run thence North 74 degrees 49 minutes 36 seconds West a distance of 355.61 feet to a point; run thence North 88 degrees 31 minutes 56 seconds West a distance of 131.39 feet to a point; run thence North 01 degrees 28 minutes 04 seconds East a distance of 183 feet to a point; run thence South 88 degrees 31 minutes 56 seconds East a distance of 131.39 feet to a point; run thence South 01 degree 28 minutes 04 seconds West a distance of 172.71 feet to a point; run thence South 74 degrees 49 minutes 36 seconds East a distance of 361.07 feet to a point; run thence South 41 degrees 08 minutes 00 seconds East a distance of 759.84 feet to a point; run thence South 32 degrees 43 minutes 00 seconds East a distance of 312.08 feet to a point; run thence South 72 degrees 30 minutes 00 seconds East a distance of 253.95 feet to a point; run thence South 66 degrees 09 minutes 50 seconds East a distance of 128 feet to a point, said point being the TRUE POINT OF BEGINNING, said tract or parcel of land being shown as containing 0.968 acres of land according to a certain plat of survey of Summit Chase Country Club, Inc., dated March 3, 1987, prepared by Pinion & McGaughey, Land Surveyors, Inc., certified by George H. Pinion, Georgia Registered Land Surveyor No. 1606, to which plat reference is hereby made for all purposes."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 46, nays 0, and the substitute was adopted.

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"HB 1043:
The Senate Committee on Urban and County Affairs offered the following substitute to HB 1043:
A BILL
To be entitled an Act to amend an Act revising, superseding, and consolidating the laws relating to the governing authority of DeKalb County, approved March 8, 1956 (Ga. L. 1956, p. 3237), as amended, particularly by an Act establishing the form of government of DeKalb County and fixing the powers and duties of the officers constituting the governing authority of DeKalb County, approved April 9, 1981 (Ga. L. 1981, p. 4304), as amended, so as to provide for an annual salary for the Chief Executive and for members of the DeKalb County Commission; to provide for an expense allowance for members of the DeKalb County Com mission; 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. An Act revising, superseding, and consolidating the laws relating to the gov erning authority of DeKalb County, approved March 8, 1956 (Ga. L. 1956, p. 3237), as amended, particularly by an Act establishing the form of government of DeKalb County and fixing the powers and duties of the officers constituting the governing authority of DeKalb County, approved April 9, 1981 (Ga. L. 1981, p. 4304), as amended, is amended by striking Section 8 of the amendatory Act, approved April 9, 1981 (Ga. L. 1981, p. 4304), in its en tirety and substituting in lieu thereof a new Section 8 to read as follows:
"Section 8. The provisions of any other law to the contrary notwithstanding:
(1) The Chief Executive Officer of DeKalb County shall receive an annual salary of $73,260.00;
(2) Each member of the Commission shall receive an annual salary equal to 22 percent of the annual salary of the Chief Executive; and
(3) In addition to the annual salary provided for by paragraph (2) of this Section, each member of the Commission shall receive an expense allowance of $100.00 per month."
Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without 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 46, nays 0, and the substitute was adopted.
*HB 1069:
The Senate Committee on Urban and County Affairs offered the following substitute to HB 1069:
A BILL
To be entitled an Act to amend an Act providing for the compensation of certain county officers and officials of DeKalb County, approved March 31, 1976 (Ga. L. 1976, p. 3986), as amended by an Act approved March 18, 1980 (Ga. L. 1980, p. 3502), so as to change the compensation of the tax commissioner and the provisions relating to the com pensation of the tax commissioner; to delete the provisions relating to the chairman and members of the Board of Commissioners of DeKalb County; to delete the provisions relating to the coroner; 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 compensation of certain county officers and officials

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of DeKalb County, approved March 31, 1976 (Ga. L. 1976, p. 3986), as amended by an Act approved March 18, 1980 (Ga. L. 1980, p. 3502), is amended by striking Section 2 and in serting in lieu thereof a new Section 2 to read as follows:

"Section 2. Notwithstanding any other provisions of law to the contrary, the annual salary of each of the officials of DeKalb County listed below shall be the following percent age of the gross salary as defined in Section 1:

(1) Sheriff............... ................................................ 65%

(2) Judge of the Probate Court

80%

(3) Clerk of the Superior Court

65%

(4) Judge of the Juvenile Court ...................................... 90% "

Section 2. Said Act is further amended by inserting, following Section 2, a new Section 2.1 to read as follows:

"Section 2.1. Notwithstanding any other provisions of law to the contrary, the annual salary of the tax commissioner shall be 70 percent of the compensation paid from county funds to the chief executive officer of DeKalb County."

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

"Section 3. Notwithstanding any other provisions of law to the contrary, the annual salary of each of the officials listed below shall be the following percentage of the gross salary as defined in Section 1:

(1) State Court Judge ..................................................... 90% (2) State Court Solicitor .................................................. 90% "

Section 4. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval.

Section 5. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 46, 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 Bwen
nBBruoarwntonnnnoff ,,4,7*t!h. Coverdell Crumbley Dawkins Deal Echols Edge English

Engram Fincher Foster Gillis Harris Harrison
H,,H;uTMd,gi.ns Huggins Kennedy Kidd Land Langford McGill Newbill

Olmstead Peevy Perry Phillips Ragan Ray
SS,,, ccootttt ooff. 23n6dth, Shumake Starr Stumbaugh Tate Tolleson Turner Tysinger

FRIDAY, MARCH 6, 1987

1575

Those not voting were Senators:

Broun of 46th Bryant Coleman

Dean Garner Howard

McKenzie Timmons Walker

On the passage of all the local bills, the yeas were 46, nays 0.
All the bills on the Senate Local Consent Calendar, except SB 390, HB 932, HB 1043, HB 1050 and HB 1069, having received the requisite constitutional majority, were passed.
HB 932 and HB 1050, having received the requisite constitutional majority, were passed as amended.
SB 390, HB 1043 and HB 1069, having received the requisite constitutional majority, were passed by substitute.
SENATE RULES CALENDAR Friday, March 6, 1987
THIRTY-SEVENTH LEGISLATIVE DAY
HB 35 Bonds, Recognizances--additional conditions for release of surety from liability (SUBSTITUTE) (PUB SAF--28th)
HB 877 Superior Court Judges--travel expense reimbursement (JUDY--49th) HB 652 Maximum Speed Limits--increase to 65 certain highways (SUBSTITUTES)
(TRANS--1st) (Pursuant to SENATE Rule 143, final passage of the bill was suspended.) HB 289 Alcoholic Beverage Possession by Those Under Twenty-One (21)--city court try first offense (SUBSTITUTES) (AMENDMENTS) (C AFF--29th) (Pursuant to SENATE Rule 143, final passage of the bill was suspended.) HB 840 Elevators, Dumbwaiters, Escalators, Manlifts and Moving Walks--standards of inspection (SUBSTITUTE) (I&L--45th) HB 439 Property Sale Under Tax Execution--costs of advertisements (JUDY--5th) HB 811 Motor Vehicle Tags by Mail--additional fee (SUBSTITUTE) (TRANS--33rd) (Pursuant to SENATE Rule 143, final passage of the bill was suspended.)
HB 676 Board of Commissioners of Sheriffs' Retirement Fund--investment powers (RET--llth)
HB 303 Agrirama Development Authority--reimbursement for travel, other expenses (AG--24th)
HB 269 Cosmetology Services--other locations than beauty shop for physically disabled (SUBSTITUTE) (GOV OP--25th)
HB 916 Georgia Antiterroristic Training Act--provide (PUB SAF--7th) HB 677 Board of Commissioners of Sheriffs' Retirement Fund--term of retired member
(RET--llth) HB 614 Senior Appellate Court Justice and Judge--create offices (SUBSTITUTE)
(JUDY--29th) HB 461 Tax Collectors, Commissioners--change minimum salaries (GOV OP--25th) HB 76 Magistrate Courts--jurisdiction over certain offenses involving bad checks (SUB
STITUTE) (S JUDY--43rd) (Pursuant to SENATE Rule 143, final passage of the bill was suspended.)

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HB 10 Emergency Medical Technician Killed or Permanently Disabled on Duty--indemnification (SUBSTITUTE) (APPROP--8th)
HB 624 Guardian and Ward--remove limit on amount of funds for which probate court may be custodian (C&Y--35th)
HB 197 Certain Descriptions of Aggravated Violence--harmful to minors (SUBSTI TUTE) (S JUDY--33rd)
HB 457 Peace Officers' Annuity and Benefit Fund--investment powers of board (RET--19th)
HB 974 Augusta Judicial Circuit Superior Court--compensation supplement for judges (JUDY--23rd)
HB 576 Board of Registration of Used Car Dealers--develop, administer examinations (SUBSTITUTE) (I&L--28th)
HB 1010 Fishing License, Permit--criteria for issuing (AMENDMENT) (NAT R--25th)
HB 459 Peace Officers' Annuity and Benefit Fund--sources of revenue collected from fines (RET--19th)
HB 686 Firefighter Standards and Training Act--include public safety officers for train ing (PUB SAF--10th)
HB 722 Peace Officers' Annuity and Benefit Fund--change certain definitions (RET--19th)
HB 795 Northern Judicial Circuit Judges--compensation (JUDY--49th)
HB 263 Franchisor Transfer of Dealership--through sale, gift, will (I&L--18th)
SR 125 Employment of Qualified Severely Disabled--urge task force promoting (HUM R--42nd)
SR 151 Youth Art Month--encourage observance March, 1987 (RULES--37th)
SR 170 Senate Juvenile Justice System Study Committee--create (AMENDMENT) (RULES--48th)
SR 174 Rural Economic Development Study Committee--create (AMENDMENT) (RULES--25th)
SR 175 Senate Study Committee on State Health Insurance Plan--create (AMEND MENT) (RULES--25th)
SR 176 Senate Nursing Home Industry Study Committee--create (AMENDMENT) (RULES--25th)
SR 177 Herman Eugene Talmadge Monument Commission--create (SUBSTITUTE) (RULES--17th)
SR 184 Special Study Committee on Problems of Homeless in Georgia--create (RULES--33rd)
SR 185 Police Chiefs, Sheriffs Who Have Appointed Juvenile Law Enforcement Of ficers--commend (C&Y--15th)
SR 186 Senate Children's Code Study Committee--create (AMENDMENT) (RULES--15th)
SR 196 Senate Workers' Compensation Rehabilitation Study Committee--create (AMENDMENT) (RULES--45th)
HR 10 Joint Study Committee on Community Services for Mentally Disabled--create (AMENDMENT) (RULES--25th)
HR 59 Hazardous Materials Emergency Response Advisory Council--re-create (RULES--44th)

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1577

HR 109 DeKalb County Government Study Commission--create (AMENDMENT) (RULES--25th)
HR 125 Baldwin County--lease of certain property (SUBSTITUTE) (PUB U--25th) HR 189 Joint Study Committee on Conversion of Waste to Energy--create (AMEND
MENT) (RULES--30th) HR 194 Georgia Law of Evidence--relative to study of by State Bar (JUDY--52nd) HR 249 Honorable Randall Evans, Jr.--place portrait in State Capitol (RULES--31st) HR 250 Forestry Commission--transfer ownership of structure to Calhoun County Board
of Commissioners (SUBSTITUTE) (PUB U--Hth) HR 252 Habersham County--conveyance of certain state property (SUBSTITUTE)
(PUB U--50th) HR 275 Brantley County--conveyance of certain state owned property (SUBSTITUTE)
(PUB U--6th) HR 280 Perry--conveyance of certain state owned property to (PUB U--18th) HR 298 Joel E. Scott Building at War Veterans Nursing Home--provide (D&VA--3rd) HR 310 Cobb County Court Consolidation Plan Study Committee--create (AMEND
MENT) (RULES--37th) HR 349 Georgia Recipients of Medal of Honor--commend (RULES--31st) HB 267 Postsecondary Vocational-Technical Schools--provide boards of directors
(ED--33rd)
Respectfully submitted, /s/ Nathan Dean
Dean of the 31st, Chairman Senate Rules Committee
The following bill of the House was taken up for the purpose of considering the House action thereon:
HB 226. By Representatives Murphy of the 18th, McDonald of the 12th, 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.
Senator Starr of the 44th moved that the Senate insist upon the Senate substitute to HB 226.
On the motion, the yeas were 30, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 226.
The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:
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.
Senate Sponsor: Senator Edge of the 28th.

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The Senate Committee on Public Safety offered the following substitute to HB 35:
A BILL
To be entitled an Act to amend Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, so as to provide 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; to change certain provisions relating to hearings, deposits, notices, orders, and executions re garding certain bonds; to provide for certain personal service; to provide for notice of certain execution hearings; to provide for certain judgments; to change certain provisions relating to the judgment of forfeiture of appearance bonds and remission of forfeiture; to provide that a surety shall be relieved from liability under certain circumstances; to provide for detainers and rendition proceedings and procedures; to provide for conditions of liability; to provide for remissions of forfeitures; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, is amended by striking Code Section 17-6-31, relating to certain procedures by which a principal on a bond may be surrendered by a surety for release of a bond generally, and inserting in its place a new Code Section 17-6-31 to read as follows:
"17-6-31. When the court is not in session, a surety on a bond may surrender the surety's principal to the sheriff or to the responsible law enforcement officer of the jurisdic tion in which the case is pending in order to be released from liability. When the court is in session, a surety on a bond may surrender the surety's principal in open court and the prin cipal shall be considered surrendered by plea of guilty or nolo contendere to the court or if the principal is present in person when the jury or judge, if tried without a jury, finds the principal guilty or if the judge dead dockets the case prior to entry of judgment and, upon such plea or finding of guilty or dead docketing, the surety shall be released from liability. If the principal does not appear by the end of the day on which the principal was bound to appear, the bond shall be forfeited. The death of the principal shall be equivalent to a surrender."
Section 2. Said chapter is further amended by striking Code Section 17-6-70, relating to the occurrence of bond forfeitures, and inserting in its place a new Code Section 17-6-70 to read as follows:
"17-6-70. (a) A bond forfeiture occurs immediately upon the failure of appearance of a principal of any bond or recognizance given for the appearance of that person.
(b) An appearance bond shall not be forfeited unless the clerk of the court gave the surety at least 72 hours written notice, exclusive of Saturdays, Sundays, and legal holidays, before the time of the required appearance of the principal. Notice shall not be necessary if the time for appearance is within 72 hours from the time of arrest, provided the time for appearance is stated on the bond, or where the principal is given actual notice in open court."
Section 3. Said chapter is further amended by striking Code Section 17-6-71, relating to certain hearings, deposits, notices, orders, and executions regarding bonds, and inserting in its place a new Code Section 17-6-71 to read as follows:
"17-6-71. (a) The judge shall upon the failure to appear order an execution hearing for a date not sooner than 90 days but not later than 120 days after the failure to appear. Notice of the execution hearing shall be given by first-class mail by the clerk of court to the princi pal and to each surety at the addresses given on the bond or by personal service to the surety within 72 hours of the failure to appear at its home office or to its designated regis tered agent. Notice shall be served in the form of a scire facias, setting the date of the execution hearing.

FRIDAY, MARCH 6, 1987

1579

(b) If at the execution hearing it is determined that judgment should be entered, the judge shall so order.
Section 4. Said chapter is further amended by striking Code Section 17-6-72, relating to judgment of forfeiture of appearance bonds and remission of forfeiture, and inserting in its place a new Code Section 17-6-72 to read as follows:
"17-6-72. (a) No judgment shall be rendered on a forfeiture of any appearance bond if it is shown to the satisfaction of the court by the sworn statement of a reputable physician that the principal in the bond was prevented from attending by some physical disability.
(b) No judgment shall be rendered on a forfeiture of any appearance bond if it is shown to the satisfaction of the court that the principal in the bond was prevented from attending because he was detained under sentence in a penal institution in another jurisdiction. A sworn affidavit or official written notice of the warden or other responsible officer of the penal institution in which the principal has been detained shall be considered adequate proof of the principal's detention. Presentation of such affidavit or official written notice to the court clerk and the prosecutor having jurisdiction of the case, along with tender by the surety to the sheriff of the costs necessary to return the principal, shall serve as the surety's request to have a detainer placed on the principal. Should the state fail to place a detainer on a principal who is in custody in a penal institution under sentence in another jurisdiction within 180 days after such presentation and tender of costs, the surety shall be relieved of liability for the appearance bond.
(c) If the prosecution does not try the charges against a defendant within a period of three years in the case of felonies and two years in the case of misdemeanors after the date of posting bond, no judgment rendered after such period may be enforced against the surety on the bond and the surety shall thereafter be relieved of liability on the bond. This provi sion shall not apply where the prosecution's failure to try the charges is due to the fault of the principal.
(d) No judgment shall be rendered on any appearance bond if it is shown to the satis faction of the court prior to the entry of judgment on the forfeiture that the principal on the bond is in the custody of the sheriff or other responsible law enforcement agency. A sworn affidavit or official written notice of the sheriff or other responsible law enforcement officer having custody or detention of principal shall be considered adequate proof of such custody or detention. Except in cases where the principal on the bond is in the custody of the sheriff or other responsible law enforcement agency of the jurisdiction in which forfeiture proceed ings were commenced pursuant to Code Section 17-6-70, presentation of such affidavit or official written notice to the court clerk and the prosecutor having jurisdiction of the case along with tender of the costs necessary to return the principal shall act as a request that a detainer be placed against the principal. Upon the sheriff or other law enforcement officer of the jurisdiction where the case is pending assuming custody of the principal, the surety shall be relieved of the bond obligation. Should the state fail to place a detainer within a reasona ble time after said presentation and tender of costs necessary to return the principal, the surety shall be relieved of the bond obligation.
(e) No judgment shall be rendered on any appearance bond if it is shown to the satis faction of the court that the surety was prevented from returning the principal to the juris diction because such principal was on active military duty.
(f) On application filed within 60 days from payment of judgment, the court shall order remission under the following conditions:
(1) Provided the bond amount has been paid within 120 days after judgment and the delay has not prevented the proper prosecution of the principal, the court, on motion at a hearing upon notice having been given to the prosecuting attorney as required by paragraph (2) of this subsection, shall direct remission of 95 percent of the bond if the surety appre hended and surrendered the defendant or if the apprehension or surrender of the defendant was substantially procured or caused by the surety. Should the surety produce the principal

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within two years of the failure to appear, the surety shall be entitled to a refund of 50 percent of the bond payment; and
(2) The prosecuting attorney must be given at least 20 days' notice before a hearing is held on the application for remission and must be furnished with a copy of the application along with the affidavits and other documentation and evidence supporting such applica tion. Remission shall be granted on the condition of the payment of costs by the surety."
Section 5. All laws and parts of laws in conflict with this Act are repealed.
Senators Deal of the 49th, Mine of the 52nd, Peevy of the 48th and Allgood of the 22nd offered the following amendment:
Amend the substitute to HB 35 offered by the Senate Committee on Public Safety by striking from line 11 of page 3 the following:
"90",
and inserting in its place the following: "60".
By striking from line 11 of page 3 the following: "120",
and inserting in its place the following: "90".
By striking from line 22 of page 6 the following: "120",
and inserting in its place the following: "60".

On the adoption of the amendment, the yeas were 44, nays 0, 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 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 Kennedy Kidd Langford McGill Newbill Olmstead Peevy Perry Ray Scott of 2nd

FRIDAY, MARCH 6, 1987

1581

Scott of 36th Starr

Stumbaugh Tate

Tysinger Walker

Those voting in the negative were Senators:

Bowen Hudgins Land

Phillips Ragan

Tolleson Turner

Those not voting were Senators:

McKenzie

Shumake

Timmons

On the passage of the bill, the yeas were 45, nays 7.

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

Senator Allgood of the 22nd introduced Honorable Jack Tobin, a member of the House of Representatives of the State of Florida, who briefly addressed the Senate.

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

HB 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.
Senate Sponsor: Senator Deal of the 49th.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen
Brannon BB,B,rruoorwutonnnootf,, 44.o,,7t,tn,h Coverdell Crumbley Dawkins Deal Dean Echols Edge

Engram Fincher Foster Garner Gillis Harris
Harrison uH,,Hmo. weard, HudSlns Huggms Kennedy Kidd Land Langford McGill

Newbill Olmstead Peevy Perry Ragan Ray
Scott of 2nd o SoSuhcountmt eaokife3o6cttuh Starr Stumbaugh Tate Tolleson Turner Tysinger Walker

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JOURNAL OF THE SENATE

Those not voting were Senators:

Bryant Coleman

English McKenzie

Phillips Timmons

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

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

The following general bill of the House, having been read the third time and final ac tion suspended on March 4, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage:

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.
Senate Sponsor: Senator Coleman of the 1st.

The substitute to HB 652 offered by Senators Coverdell of the 40th, Barnes of the 33rd and Kidd of the 25th and adopted on March 4, as it appears in the Journal of March 4, was automatically reconsidered and put upon its adoption.

Senator Allgood of the 22nd moved that the Senate reconsider its action on March 4 in defeating the substitute to HB 652 offered by the Senate Committee on Transportation, as it appears in the Journal of March 4.

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

Those voting in the affirmative were Senators:

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

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

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

Those voting in the negative were Senators:

Albert Burton Coverdell

Edge Engram Land

Newbill Phillips Tysinger

Not voting was Senator Shumake.

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1583

On the motion, the yeas were 45, nays 9; the motion prevailed, and the substitute to HB 652, defeated on March 4, was reconsidered and put upon its adoption.

On the adoption of the substitute to HB 652 offered by the Senate Committee on Transportation, the yeas were 44, nays 0, and the substitute was adopted.

The President announced that, since the substitute to HB 652 offered by the Senate Committee on Transportation was adopted, the substitute to HB 652 offered by Senators Coverdell of the 40th, Barnes of the 33rd and Kidd of the 25th became moot.

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

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

Those voting in the affirmative were Senators:

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

Echols English Fincher Foster Gillis Harris Hudgins Huggins Kennedy Kidd Langford McGill McKenzie Olmstead

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

Those voting in the negative were Senators:

Barker Burton Coverdell Edge

Engram Harrison Howard

Land Newbill Tolleson

Those not voting were Senators:

Garner

Hine

Shumake

On the passage of the bill, the yeas were 42, nays 10.

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

The following local bill was taken up for the purpose of considering the House substi tute thereto:

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.

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The House substitute to SB 186 was as follows:
A BILL
To be entitled an Act to amend an Act creating the Muscogee County School District, approved February 25, 1949 (Ga. L. 1949, p. 1086), as amended, so as to provide for the composition of the Muscogee County Board of Education; to provide for qualifications for the members of the board; to provide for education districts; to provide for the nonpartisan nomination and election of members of the board; to provide for terms of office; to provide for vacancies; to provide for the compensation of members; to provide for the election of a chairman and vice chairman; to provide for the duties of the chairman and vice chairman; to change the provisions relating to the determination of the tax levy for the support and maintenance of public education in the Muscogee County School District; to change proce dures relating to such tax levy; to provide for other matters relative to the foregoing; to provide for a referendum; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating the Muscogee County School District, approved February 25, 1949 (Ga. L. 1949, p. 1086), as amended, is amended by striking Section 5 in its entirety and inserting in lieu thereof a new Section 5 to read as follows:
"Section 5. (a) The terms of office of members of the Muscogee County Board of Edu cation serving on December 31, 1988, shall expire on that date.
(b) On and after January 1, 1989, the Muscogee County Board of Education, hereafter in this Act referred to as the 'board' or 'board of education' shall be composed of nine members, one of whom shall be elected from each of the nine education districts provided for in subsection (d) of this section. The board shall be elected as provided in this section and shall succeed to all the powers, duties, and obligations of the Muscogee County Board of Education existing on December 31, 1988.
(c) (1) No person shall be eligible to serve as a member of the board if the person:
(A) Holds any other public office for which compensation is paid, other than the office of notary public;
(B) Is employed by or serves on the governing body of a private educational institution; provided, however, this subparagraph shall not apply to private educational institutions above the high school level;
(C) Is employed by the Muscogee County Board of Education; or
(D) Is employed by the State Board of Education or the State Department of Education.
(2) All members of the board shall be at least 21 years of age upon taking office and shall be qualified electors of the Muscogee County School District. Each member shall be a resident of the education district which that member represents and shall have resided in that education district for at least six months immediately preceding the date of that mem ber's election therefrom. If, during the term of office, any member ceases to be a resident of the education district the member was elected to represent, the member's position on the board shall thereby become vacant. Each member of the board shall be elected by a major ity of the voters voting within the respective education district which the member repre sents. All members of the board shall be nominated and elected in nonpartisan primaries and elections as provided in this section.
(d) (1) For the purpose of electing the members of the board, the Muscogee County School District shall be divided into nine education districts as follows:
Education District 1
Muscogee

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1585

Tracts 29.02 and 32 Tract 33
Blocks 103 through 109 Block Group 5 Tract 107.03 Tract 108 That part of Block 901 which lies
north of Victory Drive
Education District 2
Muscogee Tract 20 Tract 22 Block Groups 1 and 2 Blocks 301 through 310 Tract 28 Block Groups 1 and 2 Block 605 Block Group 7 Tract 29.01 Tract 107.01 Blocks 117, 119, 120, and 134 Block Group 2 Tract 107.02
Education District 3
Muscogee Tract 31 Tract 33 Blocks 111 through 116 Block Groups 2 through 4 and 6 Tract 34 Tract 108 That part of Block 901 which lies south of Victory Drive Tract 109
Education District 4
Muscogee Tract 1 Tract 14 Blocks 301 through 305, 307, and 309 through 313 Blocks 401 through 405 Tract 15 Blocks 108 through 111, 113, 114, 117 through 121, and 123 Blocks 204 through 217 Blocks 302 through 305, 307 through 319, 323, and 324 Block Group 4 Tract 16 Blocks 607, 611 through 614, 616, and 617 Tract 18 Blocks 203 and 212 through 214

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Block Group 3 Blocks 401 and 402 Tract 22 Blocks 311 through 317 Block Group 4 Tracts 24 through 27 Tract 28 Block Groups 3 through 5 Blocks 601 through 604 Block Group 8 Tract 30
Education District 5
Muscogee Tracts 106.02, 106.03, and 106.04 Tract 107.01 Blocks 101, 103 through 112, 114 through 116, 118, 123 through 133, and 135
Education District 6
Muscogee Tracts 10, 21, 101.01, and 101.02 Tract 104.02 Blocks 203, 204, 206 through 220, 222 through 224, 230, and 231 Block 902 Tract 105
Education District 7
Muscogee Tract 6 Blocks 101, 102, and 113 through 117 Blocks 201 and 202 Tracts 7 through 9 and 11 through 13 Tract 14 Block Groups 1 and 2 Blocks 406 through 414 Tract 15 Blocks 104 through 107, 124, and 125 Tract 18 Block Group 1 Blocks 201, 202, 206 through 211, and 215 Blocks 403 through 414 Tracts 19 and 23
Education District 8
Muscogee Tracts 2 through 5 Tract 6 Blocks 103 through 112 and 118 Blocks 203 through 218 Tract 15 Blocks 101, 102, 112, and 122 Blocks 201 through 203 Blocks 320 and 321 Tract 16

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1587

Block Groups 1 through 5 Blocks 601 through 603, 606, and 615 Tract 103.02 Block 214 Tract 104.01 Blocks 201 through 207 Those parts of Blocks 215, 225, and 228
which lie west of an unnamed creek which is the boundary line between Voting Precincts 18 and 20 Blocks 229 through 233 Block Groups 3 and 4 Tract 104.02 Blocks 904 through 914 Tract 110
Education District 9
Muscogee Tracts 102.01, 102.02, and 103.01 Tract 103.02 Block Group 1 Blocks 201 through 210, 212, 213, 215, and 220 through 223 Block Group 9 Tract 104.01 Block Group 1 Blocks 208 through 210, 212, and 213 That part of Block 215 which lies east of an unnamed creek which is the boundary line between Voting Precincts 18 and 20 Blocks 216 through 218 and 220 through 224 That part of Block 225 which lies east of an unnamed creek which is the boundary line between Voting Precincts 18 and 20 Blocks 226 and 227 That part of Block 228 which lies east of an unnamed creek which is the boundary line between Voting Precincts 18 and 20 Block 236 Tract 104.02 Block Group 1 Blocks 201 and 202
(2) For the purposes of paragraph (1) of this subsection:
(A) The term 'Tract,' 'Block Group,' and 'Block' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1980 for the State of Georgia;
(B) Whenever the description of an education district refers to voting precincts, it means the voting precincts of Columbus, Georgia, as such precincts existed on January 1, 1987; and
(C) Whenever the description of an education district refers to 'Victory Drive' it means

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the street bearing that name lying within Muscogee County as shown on the census map for Muscogee County for the 1980 decennial census for the State of Georgia.
(3) Any portion of the Muscogee County School District which is not included in any education district described in paragraph (1) of this subsection shall be included within that district contiguous to such portion which contains the least population according to the United States decennial census of 1980 for the State of Georgia.
(e) The first members nominated and elected in nonpartisan primaries and elections from Education Districts 1, 3, 5, 7, and 9 shall be nominated and elected in 1988 and shall take office on the first day of January, 1989, to serve for initial terms of two years and until their respective successors are elected and qualified. The first members nominated and elected in nonpartisan primaries and elections from Education Districts 2, 4, 6, and 8 shall be nominated and elected in 1988 and shall take office on the first day of January 1989, to serve for initial terms of four years and until their respective successors are elected and qualified. Successors to the first members of the board elected as provided in this subsection and future successors shall be nominated and elected at nonpartisan primaries and elections held immediately preceding the expiration of their respective terms of office and shall take office the first day of January immediately following that election for terms of four years each and until their respective successors are elected and qualified.
(f) The nonpartisan primaries and elections provided for in subsection (e) of this sec tion shall be held on the same dates as the general state-wide primary and election con ducted in 1988 and, thereafter, on the same dates as the general state-wide primary and election conducted immediately prior to the expiration of the respective terms of office. Members of the board of education shall be nominated and elected at said nonpartisan primaries and elections under the same procedures which are applicable to the nonpartisan nomination and election of judges of state courts as provided in the applicable provisions of Chapter 2 of Title 21 of the O.C.G.A., known as the 'Georgia Election Code.'
(g) (1) In the event of a vacancy in the office of a member when the remaining term of office is six months or more, the vacancy shall be filled in a special election. A special elec tion to fill a vacancy shall be held only in the education district in which the vacancy occurs. Any such special election shall be nonpartisan and no party affiliation of any candidate in any such special election shall be shown on the ballot. If the remaining term of office is less than six months, the remaining members of the board shall appoint a qualified resident of the education district in which the vacancy occurs to serve for the unexpired term.
(2) The election superintendent of Muscogee County shall issue the call for a special election to fill a vacancy as required by this subsection. The call for a special election shall be issued within 30 days after the existence of a vacancy has been established. A special election to fill vacancies shall be held and conducted in accordance with the applicable pro visions of Chapter 2 of Title 21 of the O.C.G.A., known as the 'Georgia Election Code.'
(h) Each member of the board shall be compensated in the amount of $300.00 per month plus reimbursement for actual and necessary expenses authorized by the board and incurred in the performance of the member's duties outside the county. Absence by a mem ber of said board for three consecutive meetings shall be held to be a resignation from the board, but such absence may be excused by resolution adopted by a majority of the board.
(i) Each member of the board upon assuming office shall take an oath to perform faith fully the duties of the member's office.
(j) The board shall hold regular monthly meetings, except during June, July, and Au gust of each year, on a date to be fixed by said board. The board may hold special meetings upon two days' written notice to its members. At all meetings a majority of the entire mem bership of said board shall constitute a quorum for the transaction of business."
Section 2. Said Act is further amended by striking Section 6 in its entirety and inserting in lieu thereof a new Section 6 to read as follows:
"Section 6. (a) The members of the board shall, at their first meeting in January of each

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1589

year, elect from their own membership a chairman and a vice chairman of said board to serve for a term of office of one year. The vice chairman shall serve in the absence of the chairman. The vice chairman shall become the chairman for the remainder of the term of office of the chairman if a vacancy occurs in the office of the member elected as chairman. A member of the board may be reelected as chairman or vice chairman.
(b) It shall be the duty of the chairman to act as presiding officer at all meetings of the board, and the chairman shall be recognized as the ceremonial head of the Muscogee County Board of Education. The chairman shall have such administrative duties as authorized by the board. In addition, it shall be the duty of the chairman to preserve order and decorum at all meetings of the board, to state every question coming before the board, to announce the decision of the board on all subjects, and to decide all questions of order; subject, how ever, to an appeal to the board, in which event a majority vote of the board shall govern and conclusively determine such question of the order. The chairman shall have the right to vote on any matter coming before the board.
(c) (1) The board shall elect in January of each year a secretary and a treasurer. If the secretary or treasurer is a person other than a member of the board, such person shall be paid such salary as the board deems proper.
(2) It shall be the duty of the secretary to attend all regular and special meetings of the board, keep minutes of such meetings, be the custodian of all books and records of the board, keep and use the official seal of the board, and perform such other duties as may be required by the board.
(3) The treasurer shall be the custodian of all funds of the school system and of the board. The treasurer shall be required to give bond, with corporate surety, in such form and in such amount, and with such surety company as security, as will, in the opinion of the board, protect, as fully as possible, funds and property of the board.
(4) Each officer named in this subsection shall hold office at the will of the board, and the board shall be authorized to fill vacancies in said offices. The said board shall adopt an official seal, for use when necessary; the wording on said seal to read 'Muscogee County School District (Georgia). Organized 1950'."
Section 3. Said Act is further amended by striking Section 15 in its entirety and in serting in lieu thereof a new Section 15 to read as follows:
"Section 15. (a) The Muscogee County Board of Education shall annually certify to the governing authority of the consolidated government of Columbus, Georgia, and Muscogee County, Georgia, hereafter referred to as the governing authority, the rate of the tax levy necessary for the support, maintenance, and operation of schools, libraries, and other opera tions and functions coming within the jurisdiction of the board and the Muscogee County School District, and after such certification has been made to said governing authority, the board of education, through its superintendent of education, shall notify the state revenue commissioner of the rate of the tax levy to be made on the taxable property in the county by the governing authority for said purposes. Such certification by the board of education to the governing authority shall be made in January of each year. The governing authority shall, at its first regular meeting after receiving such certification of the rate of tax, levy the tax so certified upon the assessed value of all taxable property in said county for the pur poses so specified by the board of education.
(b) The rate of tax to be levied in the manner and for the purposes above set forth in subsection (a) of this section shall be within the discretion of the board of education, subject to the limitation that the rate of the tax may not exceed 20 mills, unless such tax rate is increased or removed in the manner provided by subsection (c) of this section. The tax rate authorized by this section is for the support, maintenance, and operation of the Muscogee County School District, and the tax rate necessary to pay the bonded indebtedness of such school district shall be in addition to the tax rate authorized by this section.
(c) (1) The mill limitation specified in subsection (b) of this section may be increased or removed by action of the board of education, but only after such action has been approved

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by a majority of the qualified voters of the Muscogee County School District voting on the question of the increase or removal of such limitation as provided in paragraph (2) of this subsection.

(2) If the board of education wishes to initiate action to increase or remove the mill limitation, it shall request the election superintendent of Columbus, Georgia, to hold and conduct a special election for that purpose. After receiving such a request, it shall be the duty of the election superintendent to issue the call for the election. The superintendent shall set the date of the election for a date specified by the board of education, but the call for the election shall be issued at least 30 days prior to the date of the election. The board of education shall certify to the election superintendent the language which is to appear on the ballot at the election. Such language shall be in the form of a question which may, at the option of the board, either ask for approval of an increase in the mill limitation to a new specific mill limitation or ask for approval for the removal of the mill limitation. The elec tion superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Muscogee County. It shall be the duty of the election superintendent of Columbus, Georgia, to hold and conduct a special election as provided in this subsection and to certify the result thereof to the board of education and to the Secretary of State. The board of education may specify that a special election authorized by this subsection shall be held on the same date as a general primary or general election.

(d) It is contemplated that it is necessary that the annual tax provided for in this sec tion should be levied in January of each year in order that the board of education may arrange its budget for that year and, if necessary, be able to secure temporary loans whose payment must be based on anticipated revenues for the year; but the provisions as to times of certification and levy are declared to be directory and not mandatory, and delay in such certification or levy shall not render a tax levied after such time invalid.

(e) The tax levied for the support, maintenance, and operation of the Muscogee County School District as provided in this section shall constitute the appropriations by the gov erning authority for said purposes, and any amount levied for and appropriated to said school district and to the board of education and not expended during the year for which levied shall continue to be funds of said school district and board of education and shall not revert to any other purpose."

Section 4. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Muscogee County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Muscogee County School District for approval or rejection. The election superintendent shall conduct that election on March 8, 1988, and shall issue the call therefor not less than 30 nor more than 60 days prior to that date. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Muscogee County. The ballot shall have written or printed thereon the words:

"[ ] YES [ ] NO

Shall the Act providing for a nine-member Board of Education of the Mus cogee County School District who shall be elected from districts be approved?"

All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect as provided in Section 5 of this Act. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immedi ately following that election date.
The expense of such election sh; II be borne by Muscogee County. It shall be the super intendent's duty to certify the result thereof to the Secretary of State.

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Section 5. If the referendum provided by Section 4 of this Act is conducted and if this Act is approved at said referendum, the provisions of this Act necessary for the election of members of the Muscogee County Board of Education in 1988 as provided in this Act shall be effective only for the purpose of said election upon the certification of the results of said referendum election, and this Act shall be effective for all purposes on January 1, 1989.
Section 6. All laws and parts of laws in conflict with this Act are repealed.
Senator Hudgins of the 15th moved that the Senate agree to the House substitute to SB 186.
On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 186.
The following local bill of the Senate was taken up for the purpose of considering the House amendment thereto:
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 terms of the members; to provide for the election of officers, quorum, bylaws, procedures, and meetings; to provide for compensation of members.
The House amendment to SB 245 was as follows:
Amend SB 245 by striking from lines 15 through 30 of page 5 the following:
"The authority shall be composed of five members who shall be residents and qualified voters of Clarke County. The term of office of each member shall begin on the first day of January of each year. All members of the authority shall be appointed by the governing authority of Clarke County for a term of four years or until their qualified successors are duly appointed. One member of said authority shall initially be appointed for a term of one year. One member of said authority shall initially be appointed for a term of two years. One member of said authority shall initially be appointed for a term of three years. The remain ing two members of said authority shall be appointed for a term of four years. Thereafter, each member shall serve for a term of four years. All members of the said authority shall serve without compensation.",
and inserting in its place the following:
"The authority shall be composed of seven members who shall be residents and quali fied voters of Clarke County. The term of office of each member shall begin on the first day of January of each year. Five members of the authority shall be appointed by the governing authority of Clarke County, provided that one member shall reside within the voting pre cinct in which the majority of the property of the Clarke County Airport is located. One member of said authority shall initially be appointed for a term of one year. One member of said authority shall initially be appointed for a term of two years. One member of said authority shall initially be appointed for a term of three years. The remaining two members of said authority appointed by the governing authority of Clarke County, one of whom shall be the member from the voting precinct containing the airport, shall be appointed for terms of four years. One member shall be appointed by the mayor and council of the City of Winterville. The initial term of such member shall be four years. One member shall be ap pointed by the mayor and council of the City of Athens. The initial term of such member shall be four years. Thereafter, each member shall serve for a term of four years and until a successor is appointed and qualified. No person may be appointed as a member of the au thority until a public hearing regarding the qualifications of such proposed member has

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been held by the appointing authority to receive the input of the residents of Clarke County."
By striking from line 26 of page 6 the following: "Three",
and inserting in its place the following: "Four".
By striking from line 28 of page 6 the following: "three",
and inserting in its place the following: "four".
By striking from line 4 of page 7 the following:
"no compensation but", and inserting in its place the following:
"as compensation $50.00 per month from funds of the authority. The chairman shall receive an additional $50.00 per month. All members".
By striking from lines 10 and 11 of page 7 the following: "governing authority of the county",
and inserting in its place the following: "appointing authority".
By striking from line 19 of page 7 and from line 21 of page 7 the following: "three",
and inserting in their place the following: "four".
Senator Broun of the 46th moved that the Senate agree to the House amendment to SB 245 as amended by the following amendment:
Amend the House amendment to SB 245 by striking lines 22 through 33 of page 1 and lines 1 through 17 of page 2 and inserting in lieu thereof the following:
"The authority shall be composed of five members who shall be residents and qualified voters of Clarke County. The term of office of each member shall begin on the first day of January of each year. All members of the authority shall be appointed by the governing authority of Clarke County, provided that one member shall reside within House of Repre sentatives District No. 13 and not more than three miles from the Clarke County Airport. One member of said authority shall initially be appointed for a term of one year. One mem ber of said authority shall initially be appointed for a term of two years. One member of said authority shall initially be appointed for a term of three years. The remaining two members of said authority shall be appointed for a term of four years. Thereafter, each member shall serve for a term of four years and until a successor is qualified and appointed. All members of the said authority shall serve without compensation.' "
By striking lines 18 through 31 of page 2 and lines 1 through 10 of page 3 in their entirety.
On the motion, the yeas were 41, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 245 as amended by the Senate.
The following general bill of the House, having been read the third time on March 3

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and postponed until March 4, and final action suspended on March 4, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was put upon its passage:
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.
Senate Sponsor: Senator Baldwin of the 29th.

The substitute to HB 289 offered by Senator Barnes of the 33rd and adopted as amended by the amendment offered by Senators Barnes of the 33rd and Scott of the 2nd on March 4, as they appear in the Journal of March 4, was automatically reconsidered and put upon its adoption.

Senator Baldwin of the 29th offered the following amendment:

Amend the substitute to HB 289 offered by Senator Barnes of the 33rd by adding in the title thereof (line 14 of page 1) after the following:
"charter of such municipal corporation;",
the following:
"to provide for jurisdiction of the juvenile court;". By striking in Section 1 thereof the quoted language from subsection (d) of Code Sec tion 36-32-9 (line 28 of page 2) which reads as follows:
"the charter of such municipal corporation.' ",
and inserting in its place the following:

"the charter of such municipal corporation.
(e) Nothing in this Code section shall affect the original and exclusive jurisdiction of the juvenile court as set forth in Code Section 15-11-5.' "

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 289 offered by Senator Barnes of the 33rd, the yeas were 41, nays 0, and the substitute was adopted as amended.

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

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Foster Garner Gillis Harris Harrison Hine Hudgins Huggins Kennedy 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:

Coleman Howard

Shumake

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

HB 840. By Representative Workman of the 51st:
A bill to amend Part 6 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to elevators, dumbwaiters, escalators, manlifts, and moving walks, so as to provide for standards of inspection; to provide that in spections shall cover hoistways, associated equipment rooms, and access thereto, and shall include lobby smoke detectors.
Senate Sponsor: Senator Dawkins of the 45th.

The Senate Committee on Industry and Labor offered the following substitute to HB
840:

A BILL
To be entitled an Act to amend Part 6 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to elevators, dumbwaiters, escalators, manlifts, and moving walks, so as to provide for standards of inspection; to provide that inspections shall cover hoistways, associated equipment rooms, and access thereto, and shall include lobby smoke detectors; to provide for filing of reports on new installations; to provide certain ex emptions for elevator contractors; to provide for permissive inspections of private residence elevators; to provide for posting of operating permits; to provide for reports of accidents involving personal injury, death, or structural damage; to provide that equipment involved in an accident shall not be placed back in service until an inspection; to provide for compli ance audits of political subdivisions; to provide for effects of noncompliance; to provide for conflicts; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 6 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to elevators, dumbwaiters, escalators, manlifts, and moving walks, is amended by striking in its entirety Code Section 8-2-102, relating to equipment inspections, and inserting in its place a new Code Section 8-2-102 to read as follows:
"8-2-102. (a) (1) Power passenger elevators, power freight elevators, escalators, manlifts, and moving walks shall be inspected once during each six-month period.

FRIDAY, MARCH 6, 1987

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(2) Hand elevators and power and hand dumbwaiters shall be inspected once during each 12 month period.
(b) Inspections and installations shall be made in accordance with the standards set forth in Part 'X' of ANSI A17.1-1984, the American National Standard Practice for Inspec tion of Elevators, Escalators and Moving Walks Inspector's Manual ANSI A17.2, the Safety Standards for Manlifts ANSI A90.1a-1976, the Safety Standard for Construction Hoists ANSI A10.4-1981 and ANSI A10.5-1981, the Safety Standard for Conveyors and Related Equipment ANSI B20.1-1984, or the latest revised rules and regulations adopted by the Commissioner. Any inspections performed under these codes shall cover the hoistway, asso ciated equipment rooms, and access thereto, and shall include lobby smoke detectors.
(c) A report of any inspection required by this Code section shall be filed with the department if the inspection is made by a state enforcement authority or with the local governing authority if the inspection is made by a local enforcement authority. Copies of the reports for new installations shall also be filed with the state fire marshal for his informa tion. Such reports shall be made within ten days after the inspection has been completed, on forms prescribed by the Commissioner or the local enforcement authority, and shall indi cate whether the elevator, escalator, manlift, moving walk, or dumbwaiter is safe and whether it meets the applicable rules and regulations prescribed pursuant to subsection (b) of Code Section 8-2-104. After any such report is filed, the enforcement authority may re quire additional inspections to assure that any such elevator, escalator, manlift, moving walk, or dumbwaiter meets such rules and regulations.
(d) If any inspection report indicates that an elevator, escalator, manlift, moving walk, or dumbwaiter is in an unsafe condition which if continually operated may endanger lives or property, then the enforcement authority may, at its discretion, require the owner or lessee to discontinue the use thereof until it has been made safe and in conformity with the rules and regulations specified in subsection (b) of Code Section 8-2-104.
(e) Elevator contractors who perform installations, alterations, repairs, or modifications on elevators, escalators, power freight elevators, moving walks, manlifts, or dumbwaiters, including the hoistways and machine rooms, shall be exempt from the requirements of Code Section 43-14-8 and Code Section 43-14-8.1.
(f) Private residence elevators shall be exempt from mandatory periodic inspections but shall be required to have an initial construction inspection as provided in the rules and regulations of the Commissioner. At the request of the owner or user of a private residence elevator, an inspection may be performed by the department and an inspection report is sued. The department shall charge the person requesting the report a fee as set by the Commissioner to cover actual expenses of the inspection."
Section 2. Said part is further amended by striking in its entirety subsection (c) of Code Section 8-2-103, relating to operating permits, and inserting in its place a new subsection (c) to read as follows:
"(c) The operating permit shall indicate whether it is issued for an elevator, escalator, manlift, moving walk, or dumbwaiter, state the rated load and speed and, in the case of an elevator, state whether the usage is for passengers or freight. The operating permit shall be posted either conspicuously in the car of an elevator or on the premises. The operating permit for an escalator, manlift, moving walk, or a dumbwaiter shall be posted on the premises."
Section 3. Said part is further amended by striking in its entirety subsection (c) of Code Section 8-2-104, relating to employment of inspectors and to inspection fees and rules, and inserting in its place a new subsection (c) to read as follows:
"(c) The American National Standard Safety Code for elevators, dumbwaiters, escala tors, and moving walks ANSI A17.1-1984 and the Safety Standards for Manlifts ANSI A90.1a-1976 are adopted as rules and regulations of the Department of Labor for the pur poses of this part until otherwise amended by rules and regulations of the Commissioner."

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Section 4. Said part is further amended by striking in its entirety Code Section 8-2-106, relating to the reporting of accidents, and inserting in its place a new Code Section 8-2-106 to read as follows:
"8-2-106. (a) The owner or lessee shall report, by telephone, to the enforcement author ity on the same day or by noon on the next work day, excluding state holidays and week ends, all elevator, escalator, manlift, moving walk, or power dumbwaiter related accidents involving personal injury or death. The owner or lessee shall also provide a written report of this accident within seven days.
(b) The owner or lessee shall report, in writing, to the enforcement authority within seven days, excluding state holidays and weekends, all elevator, escalator, manlift, moving walk, or power dumbwaiter related accidents involving structural damage to the elevator, escalator, manlift, moving walk, or power dumbwaiter.
(c) Any elevator, escalator, manlift, moving walk, or power dumbwaiter involved in an accident described in subsection (a) or (b) of this Code section shall be removed from ser vice at the time of the accident. The equipment shall not be repaired, altered, or placed back in service until inspected by a certified inspector for the enforcement authority."
Section 5. Said part is further amended by striking in its entirety Code Section 8-2109.1, relating to exceptions for elevators on vehicles, and inserting in its place a new Code Section 8-2-109.1 to read as follows:
"8-1-109.1. (a) This part shall not apply to elevators located on vehicles operating under the rules of other state or federal authorities and used for carrying passengers or freight.
(b) Any county, municipality, or other political subdivision which adopts the minimum rules and regulations as provided in Code Section 8-2-105 shall be audited on a semiannual basis for compliance by the Department of Labor; and any laws, ordinances, or resolutions in conflict with this part shall be void and of no effect."
Section 6. All laws and parts of laws in conflict with this Act are repealed.

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

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 Bowen Brannon Broun of 46th Brown of 47th
BCoruvvrateonrndtell Crumbley Dawkins Deal Dean Echols Edge English

Engram Fincher Foster Garner Gillis Harrison ffine
H"TTouwd, Sa.l.rnds ^STM Kennedy Kidd Land Langford McGill McKenzie

Newbill Olmstead Peevy Perry Ragan Ray Scott of 2nd
SSm hcoutmt iaokfe36th Starr Stumbaugh Tate Tolleson Turner Tysinger Walker

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1597

Those not voting were Senators:

Barker Barnes

Coleman Harris

Phillips 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.

Senator Tysinger of the 41st introduced Honorable Pat Swindall, United States Repre sentative from Georgia's Fourth Congressional District, who briefly addressed the Senate.

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

HB 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.
Soenaite Ssppoonnsor: Sseennaator Bnuunrtoon o01f tmhe 5otihn.

Thheereport of the committee, which was favorable to the passage of the bill, was agreed t.oo.

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes nOWe" tA M BBrroowunn ooff 4467tthh Bryant Burton
Coleman Coverdell Crumbley Dawkins Deal Dean

Echols Edge English Engram Fincher Foster ,,Gm Harris Harrison
Hine Hudgms Huggins Kennedy Kidd Land

Langford McGill McKenzie Olmstead Peevy Philli P s DR 6 Ray Scott of 36th
Stumbaugh Tate Timmons Tolleson Turner Walker

Those not voting were Senators:

Brannon Garner Howard

Newbill Perry Scott of 2nd

Shumake Starr Tysinger

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

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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 March 4, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage:

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.
Senate Sponsor: Senator Barnes of the 33rd.

The substitute to HB 811 offered by Senators Garner of the 30th and Barnes of the 33rd and adopted on March 4, as it appears in the Journal of March 4, was automatically reconsidered and put upon its adoption.

A BILL
To be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to the regulation of motor vehicles and traffic, so as to authorize the governing authority of a county to waive the additional fee charged for the purchase of license plates or revalidation decals by mail; to exclude from the requirement of obtaining a certificate of title vehicles which are not sold for the purpose of lawful highway use; 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 the regulation of motor vehicles and traffic, is amended by striking Code Section 40-2-28, relating to the purchase of license plates or revalidation decals by mail, and inserting in lieu thereof a new Code Section 40-2-28 to read as follows:
"40-2-28. An applicant may purchase a vehicle license plate or revalidation decal by mail, by mailing a properly completed application form to the tag agent of the county of his residence along with a money order in the amount of the license fee and all ad valorem taxes due thereon plus an additional fee of $1.00. The governing authority of the county may by resolution authorize the tag agent of the county to receive application and payment for the purchase of a license plate or revalidation decal by mail without charging the additional $1.00 fee."

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

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

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

Those voting in the affirmative were Senators:

Allgood Baldwin Barnes Bowen Brannon Brown of 47th

Bryant Burton Coleman Coverdell Crumbley Dawkins

Dean Echols Edge English Engram Fincher

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1599

Foster Garner Gillis Harris Harrison Hine Howard Hudgins Huggins

Kennedy Kidd Langford McGill McKenzie Olmstead Peevy Perry Phillips

Ragan Ray Scott of 2nd Scott of 36th Stumbaugh Tate Timmons Tolleson Turner

Voting in the negative was Senator Barker.

Those not voting were Senators:

Albert Broun of 46th Deal

Land Newbill Shumake

Starr Tysinger Walker

On the passage of the bill, the yeas were 45, nays 1.

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

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

SB 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.

The House substitute to SB 289 was as follows:

A BILL
To be entitled an Act 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 allow for ge neric substitution by a licensed pharmacist when the prescriber does not designate "brand necessary" on a prescription form; 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 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, is amended by striking paragraph (3) of Code Section 26-4-80, regarding definitions relating to substituting generic drugs, and inserting in its place a new paragraph to read as follows:
"(3) 'Pharmaceutically equivalent* means drug products that contain identical amounts of the identical active drug ingredient, in identical dosage forms, but not necessarily con taining the same inactive ingredients."
Section 2. Said chapter is further amended by striking subsection (b) of Code Section 26-4-83 of the Official Code of Georgia Annotated, relating to limitations upon generic drug substitutions, which reads as follows:
"(b) A practitioner of the healing arts shall instruct the pharmacist whether or not a

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generic name drug product may be substituted for the said practitioner's prescribed brand name drug product.",
and inserting in its place a new subsection to read as follows:
"(b) A practitioner of the healing arts may instruct the pharmacist not to substitute a generic name drug in lieu of a brand name drug by including the words 'brand necessary' in the body of the prescription. Such indication of 'brand necessary' must be in the practi tioner's own handwriting and shall not be printed, applied by rubber stamp, or any such similar means."
Section 3. Said chapter is further amended by striking from said Code section subsec tion (c) thereof, which reads as follows:
"(c) Every prescription written in this state by a licensed practitioner of the healing arts shall be on a prescription form containing two lines for the practitioner's signature. Alongside the first signature line shall be clearly printed the words 'Generic Substitution Permitted'; immediately below the first signature line and alongside the second signature line shall be clearly printed the words 'Dispense as Written.' Any person using prescription forms to prescribe dangerous drugs, which forms do not comply with the requirements of this subsection, shall be guilty of a misdemeanor."
Section 4. This Act shall become effective October 1, 1987.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

Senator Howard of the 42nd moved that the Senate agree to the House substitute to SB 289.

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 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 Starr Stumbaugh Tate Timmons Tolleson Turner Walker

Those not voting were Senators:

Edge Garner

Shumake

Tysinger

On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 289.

Senator Hudgins of the 15th gave notice that, at the proper time, he would move to

FRIDAY, MARCH 6, 1987

1601

disagree with the committee report which was adverse to the passage of the following bill of the House:

HB 882. By Representatives Crosby of the 150th and Murphy of the 18th:
A bill to amend Code Section 49-4-6 of the Official Code of Georgia Annotated, relating to reserves, income, and resources to be disregarded in calculating public assistance benefits, so as to change provisions relating to disregarded income.

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

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.
Senate Sponsor: Senator Timmons of the llth.

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

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

STATE AUDITOR'S CERTIFICATION

TO:

The Honorable Rudolph Johnson, Chairman

House Retirement Committee

FROM:

G. W. Hogan, State Auditor

DATE:

February 4, 1987

SUBJECT: House Bill 676 Sheriffs' Retirement Fund of Georgia

This Bill would allow the Board of Commissioners of the Sheriffs' Retirement Fund to invest up to 50 percent of the assets of the fund in common stocks and equities instead of the currently allowed 35 percent. If this Bill is adopted, it would become effective on July 1, 1987.

This is to certify that this is a nonfiscal Bill to the Sheriffs' Retirement Fund.

Is/ G. W. Hogan State Auditor

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

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

Those voting in the affirmative were Senators:

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

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Garner Gillis Harris Harrison Howard Hudgins Kennedy Kidd Land

Langford McGill Newbill Olmstead Peevy Perry Phillips Ragan Ray

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

Those not voting were Senators:

Barker Bowen Hine

Huggins McKenzie

Shumake Tolleson

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

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

HB 303. By Representative Reaves of the 147th:
A bill to amend Code Section 2-3-5 of the Official Code of Georgia Annotated, relating to the composition of the Georgia Agrirama Development Authority, so as to provide that members of the authority shall be entitled to be reimbursed for actual expenses, including travel and any other expenses, incurred while in the performance of their duties.
Senate Sponsor: Senator McGill of the 24th.

Senator Dean of the 31st moved that HB 303 be postponed until Monday, March 9.

On the motion, the yeas were 31, nays 0; the motion prevailed, and HB 303 was post poned until Monday, March 9.

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.
Senate Sponsor: Senator Kidd of the 25th.

The Senate Committee on Governmental Operations offered the following substitute to HB 269:

A BILL
To be entitled an Act 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 services 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; to authorize the State Board of Cosmetology to adopt certain rules and regula tions regarding such services; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 10 of Title 43 of the Official Code of Georgia Annotated, relating to

FRIDAY, MARCH 6, 1987

1603

cosmetologists, is amended by adding immediately following Code Section 43-10-18.2 a new Code Section 43-10-18.3 to read as follows:
"43-10-18.3. (a) Notwithstanding any other provision of this chapter, cosmetology ser vices may be performed by a licensed cosmetologist in a client's residence, a nursing home, or a hospital when the client for reasons of ill health, infirmity, or other physical disability is unable to go to the licensed beauty shop or salon for regular cosmetology services.
(b) The board is authorized to adopt reasonable rules and regulations prescribing re quirements and conditions for the performance of the services authorized in subsection (a) of this Code section."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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

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

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

Those voting in the affirmative were Senators:

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

Engram Fincher Garner Gillis Harrison Hine Howard Hudgins Huggins Kennedy Kidd Land 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:

Barnes Brown of 47th Bryant

Coverdell Foster Harris

Langford Scott of 2nd Shumake

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

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

Senator Bryant of the 3rd introduced the doctor of the day, Dr. Glenn Carter, of Hinesville, Georgia.

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JOURNAL OF THE SENATE

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

HB 916. By Representatives Murphy of the 18th, Walker of the 115th, Lee of the 72nd and others:
A bill to amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, so as to provide a short title; to provide a definition; to provide that it shall be unlawful to teach, train, or demonstrate to another person the use, application, or making of any illegal firearm, dangerous weapon, explosive, or incendiary device.
Senate Sponsor: Senator Perry of the 7th.

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

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

Those voting in the affirmative were Senators:

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

Edge English Engram Fincher Garner Gillis Harrig Howard
Hudgins Huggms Kennedy Kldd Land McGill McKenzie Newbill

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

Those not voting were Senators:

Barnes Foster

Harrison Hine

Langford 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.

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.
Senate Sponsor: Senator Timmons of the llth.

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

FRIDAY, MARCH 6, 1987

1605

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:

February 4, 1987

SUBJECT: House Bill 677 Sheriffs' Retirement Fund of Georgia

This Bill would change the term of office of the successor to the retired member of the Board of Commissioners of the Sheriffs' Retirement Fund from one year to two years. If this Bill is adopted, it would become effective July 1, 1987.

This is to certify that this is a nonfiscal Bill to the Sheriffs' Retirement Fund.

l&l 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 Bowen Brannon Broun of 46th Brown of 47th Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols

Edge English Engram Fincher Gillis Harris Harrison Hine Howard Hudgins Huggins Kennedy Kidd Land McGill McKenzie

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

Those not voting were Senators:

Barnes Bryant Foster

Garner Langford

Perry 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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JOURNAL OF THE SENATE

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House insists on its position in disagreeing to the Senate substitute, and has ap pointed a Committee of Conference on the part of the House to confer with a like commit tee on the part of the Senate on the following bill of the House:
HB 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 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 general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:
HB 614. By Representatives Groover of the 99th, Chambless of the 133rd, Robinson of the 96th and Thomas of the 69th: A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to create the offices of Senior Appellate Court Justice and Senior Appellate Court Judge. Senate Sponsor: Senator Baldwin of the 29th.

The Senate Committee on Judiciary offered the following substitute to HB 614:
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 the Court of Appeals may hear oral arguments at places other than the seat of government and provide for notices relating thereto; to create the offices of Senior Appellate Court Justice and Senior Appellate Court Judge; to provide for definitions; to provide eligibility requirements and appointment procedures; to provide for certain restrictions and limitations on persons appointed to such offices; to provide for the exercise of judicial power by persons appointed to such offices; to provide for compensa tion and expenses; to provide for resignations; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by adding at the end of Code Section 15-3-1, relating to composition of the Court of Appeals, a new subsection (f) to read as follows:
"(f) The Court of Appeals may hear oral arguments at places other than the seat of government. Reasonable notice shall be given of such hearings."
Section 2. Said title is further amended by adding a new chapter immediately following Chapter 3, to be designated Chapter 3A, to read as follows:
"CHAPTER 3A
15-3A-1. As used in this chapter, the term:
(1) 'Senior Appellate Court Judge' means a Judge, Presiding Judge, or Chief Judge of the Court of Appeals appointed to the office created by this chapter.

FRIDAY, MARCH 6, 1987

1607

(2) 'Senior Appellate Court Justice' means an Associate Justice, Presiding Justice, or Chief Justice of the Supreme Court appointed to the office created by this chapter.
15-3A-2. There is created the office of Senior Appellate Court Justice and the office of Senior Appellate Court Judge. Any Justice of the Supreme Court or Judge of the Court of Appeals who retires pursuant to the provisions of laws of the state retirement system appli cable to such Justice or Judge at the time of such Justice's or Judge's retirement may, at such Justice's or Judge's option, be eligible for appointment by the Governor to the office of Senior Appellate Court Justice or Judge. Any former member of the Supreme Court or Court of Appeals who is retired or who retires on or after the effective date of this chapter pursuant to the laws of the retirement system applicable to such Justice or Judge at the time of such Justice's or Judge's retirement, may at such Justice's or Judge's option, become eligible for appointment to the office of Senior Appellate Court Justice or Judge upon writ ten application being made to the Governor. All persons appointed to the office of Senior Appellate Court Justice or Judge shall hold such office for life, subject to the same laws, rules, and regulations for removal or discipline of sitting members of the Supreme Court and Court of Appeals. A Senior Appellate Court Justice or Judge, while holding that office, shall not be eligible for election or appointment to any other nonjudicial public office in this state, and such Senior Appellate Court Justice or Judge may not practice law during such Justice's or Judge's tenure as a Senior Appellate Court Justice or Judge. For purposes of this Code section, participation as an arbitrator shall not be deemed the practice of law.
15-3A-3. A Senior Appellate Court Justice or Judge may exercise judicial power in the Supreme Court, Court of Appeals, superior court, and all other courts of this state upon the request and the consent of a majority of the judges of the requesting court.
15-3A-4. A Senior Appellate Court Justice or Judge while serving in any of the courts provided for in Code Section 15-3A-3 shall be entitled to receive the same travel, per diem, and pay allowances now or hereafter authorized to be paid to senior judges of the superior court when called. Such compensation, expenses, and mileage shall be paid from state funds appropriated or otherwise available for the operation for any of such courts, upon a certifi cate by the Senior Appellate Court Justice or Judge as to the number of days served or the expenses and mileage incurred. Such compensation shall not affect, diminish, or otherwise impair the payment or receipt of any retirement or pension benefits of such Senior Appel late Court Justice or Judge.
15-3A-5. If a Senior Appellate Court Justice or Judge determines to seek nonjudicial elective public office, accepts appointment to a public office, practices law, or for any reason determines that senior status provided for in this chapter is no longer desirable, such Justice or Judge shall resign such Justice's or Judge's office and submit such Justice's or Judge's resignation to the Governor. Such resignation shall not affect or impair such Justice's or Judge's retirement pay and benefits.
15-3A-6. This chapter shall apply only to those retired or retiring members of the Su preme Court and Court of Appeals who expressly indicate in writing to the Governor that they desire appointment to the office of Senior Appellate Court Justice or Judge."
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 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:

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JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Brannon Broun of 46th

Foster Garner Gillis Harris Harrison Hine

^OUo5letomnan CCoruvmerbdleelyl
Dawkins Deal Dean Echols Edge Engram

"Huugdggimnss KKiedndnedy
Land Langford McGill McKenzie Newbill Olmstead

Peevy Phillips Ragan Ray Scott of 2nd Scott of 36th
SQ humake ^Sttaurmr b, augh,
Tate Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Barker Bowen Brown of 47th

Bryant English Fincher

Howard Perry

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

HB 226. By Representatives Murphy of the 18th, McDonald of the 12th, 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.

Senator Starr of the 44th moved that the Senate adhere to the Senate substitute to HB 226, and that a Conference Committee be appointed.

On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 226.

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

Senators Kennedy of the 4th, Starr of the 44th and Allgood of the 22nd.

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

HB 461. By Representatives Kilgore of the 42nd and Harris of the 84th:
A bill to amend Code Section 48-5-183 of the Official Code of Georgia Annotated, relating to the minimum salaries of tax collectors and tax commissioners, so as to change the minimum salaries of tax collectors and tax commissioners.
Senate Sponsor: Senator Kidd of the 25th.

FRIDAY, MARCH 6, 1987

1609

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

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

Those voting in the affirmative were Senators:

Albert
Allgood
Baldwin Barker Barnes

Fincher
Foster
Garner Gillis Harris

BR rounfof 4,6tuh Brown of 47th Crumbley Dawkins
Deal Dean Echols Engram

HuT dgins Huggins Kennedy Kidd
Langford McGill McKenzie Newbill

Olmstead Peevy Phillips Ragan
Scott of 2nd
Scott of 36th bhurnake btarr Stumbaugh Tate Tolleson Turner Walker

Voting in the negative were Senators Burton and Tysinger.

Those not voting were Senators:

Bryant Coleman Coverdell

Edge English Harrison

Land Perry Timmons

On the passage of the bill, the yeas were 44, nays 2.

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 March 4, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage:

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.

Senate Sponsor: Senator Walker of the 43rd.

The substitute to HB 76 offered by Senator Deal of the 49th and adopted on March 6, as it appears in the Journal of March 6, was automatically reconsidered and put upon its adoption.

Senators Deal of the 49th and Walker of the 43rd offered the following amendment:
Amend the substitute to HB 76 offered by Senator Deal of the 49th by striking the quotation marks at the end of line 13 of page 3 and by inserting between lines 13 and 14 of page 3 the following:
"(e) The prosecuting attorney of the court in which the case would have been tried if a demand for removal had been made shall be responsible for the prosecution of the case in the magistrate court.' "

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

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JOURNAL OF THE SENATE

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 Barnes Brannon

Fincher Foster Garner Gillis Harris

nBrrown of/^47uth

HHoinweard

B^tTM Coleman Crumbley Deal Echols Edge English Engram

Hudgins Muggins Kennedy Kidd Land Langford McGill McKenzie

Newbill Olmstead Peevy Perry Phillips
RRaay8an
Scott of 36th Shumake Stumbaugh Tate Tolleson Turner Tysinger Walker

Those not voting were Senators:

Barker Bowen Coverdell

Dawkins Dean Harrison

Scott of 2nd Starr Timmons

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

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

The President introduced Honorable Paul Kirk, Chairman of the National Democratic Party, and Honorable Don Fowler, Democratic Convention Chairman, both of whom briefly addressed the Senate.

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 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.

The House insists on its position in disagreeing to the Senate substitute, and has ap-

FRIDAY, MARCH 6, 1987

1611

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 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.
The Speaker has appointed on the part of the House, Representatives Thomas of the 69th, Groover of the 99th and Walker of the 115th.
Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair.
The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:
HB 10. By Representatives Lucas of the 102nd, Coleman of the 118th, Hanner of the 131st and Ramsey of the 3rd:
A bill to amend Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to indemnification for law enforcement officers, firemen, and prison guards who are killed or permanently disabled in the line of duty, so as to provide the same indemnification with respect to publicly employed emergency medical technicians who are killed or permanently disabled in the line of duty after a certain date.
Senate Sponsor: Senator Turner of the 8th.

The Senate Committee on Appropriations offered the following substitute to HB 10:
A BILL
To be entitled an Act to amend Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to indemnification for law enforcement officers, firemen, and prison guards who are killed or permanently disabled in the line of duty, so as to provide the same indemnification with respect to publicly employed emergency medical technicians who are killed or permanently disabled or who have been killed or permanently disabled in the line of duty after a certain date; to provide indemnification for law enforcement officers, firemen, and prison guards who have been permanently disabled in the line of duty subse quent to January 1, 1973, and prior to January 1, 1979; to change the provisions relating to the purpose of the article; to define certain terms; to change the definition of certain terms; to change the provisions relating to the establishment of the indemnification program; to change the composition of the Georgia State Indemnification Commission; to change the provisions relating to the authority of the General Assembly to make appropriations to the Georgia State Indemnification Fund; to change the provisions relating to the payment of indemnification for death or disability generally; to change the provisions relating to appli cations for indemnification; to provide procedures; to provide for legislative intent; to pro vide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to indemnification for law enforcement officers, firemen, and prison guards who are killed or permanently disabled in the line of duty, is amended by striking in its entirety

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JOURNAL OF THE SENATE

Code Section 45-9-80, relating to the purpose of said article, and inserting in lieu thereof a new Code Section 45-9-80 to read as follows:
"45-9-80. The purpose of this article is to:
(1) Implement the constitutional amendment ratified November 4, 1976, authorizing the General Assembly to provide by law for the indemnification with respect to the death of law enforcement officers, firemen, or prison guards who are killed or have been killed in the line of duty subsequent to January 1, 1973;
(2) Provide by law for the indemnification with respect to the permanent disability of law enforcement officers, firemen, or prison guards who are permanently disabled or have been permanently disabled in the line of duty subsequent to January 1, 1973; and
(3) Provide by law for the indemnification with respect to the death or permanent disa bility of publicly employed emergency medical technicians who are killed or permanently disabled or who have been killed or permanently disabled in the line of duty subsequent to November 1, 1985."
Section 2. Said article is further amended by striking in its entirety Code Section 45-981, relating to definitions under said Article 5, and inserting in lieu thereof a new Code Section 45-9-81 to read as follows:
"45-9-81. As used in this article, the term:
(1) 'Commission' means the Georgia State Indemnification Commission.
(2) 'Emergency medical technician' includes only persons who:
(A) Are certified as emergency medical technicians, advanced emergency medical tech nicians, or cardiac technicians by the Board of Human Resources; and
(B) Are employed in the capacity for which they are so certified by a department, agency, authority, or other instrumentality of state or local government.
(3) (A) 'Fireman' means any person who is employed as a professional firefighter on a full-time basis of at least 40 hours per week by any municipal, county, or state government fire department employing three or more firemen and who has the responsibility of prevent ing and suppressing fires, protecting life and property, enforcing municipal, county, and state fire prevention codes, enforcing any law pertaining to the prevention and control of fires or who performs any acts or actions while on duty or when responding to a fire or emergency during any fire or other emergency or while performing duties intended to pro tect life and property.
(B) 'Fireman' shall also mean any individual serving as an officially recognized or desig nated member of a legally organized volunteer fire department who performs any acts or actions while on duty or when responding to a fire or emergency during any fire or other emergency or while performing duties intended to protect life and property.
(C) 'Fireman' shall also mean any individual employed by a person or corporation which has a contract with a municipal corporation or county to provide fire prevention and fire-fighting services to such municipal corporation or county and any such individual is employed on a full-time basis of at least 40 hours per week and has the responsibility of preventing and suppressing fires, protecting life and property, enforcing municipal or county fire prevention codes, enforcing any municipal or county ordinances pertaining to the pre vention and control of fires or who performs any acts or actions while on duty or when responding to a fire or emergency during any fire or other emergency or while performing duties intended to protect life and property.
(4) 'In the line of duty' means:
(A) With respect to an emergency medical technician, while on duty and when respond ing to an emergency or performing duties at the scene of an emergency or transporting a person to a medical facility for emergency treatment;

FRIDAY, MARCH 6, 1987

1613

(B) With respect to a fireman, while on duty and when responding to a fire or other emergency or performing duties during any fire or other emergency or performing duties intended to protect life and property;
(C) With respect to a law enforcement officer, while on duty and performing services for and receiving compensation from the law enforcement agency which employs such officer. A law enforcement officer who is performing duties for and receiving compensation from a private employer at the time of his death or bodily injury causing permanent disability shall not be considered in the line of duty; or
(D) With respect to a prison guard, while on duty and performing services for and re ceiving compensation from the public agency which employs such prison guard.
(5) 'Law enforcement officer' means any agent or officer of this state, or a political sub division or municipality thereof, who, as a full-time or part-time employee, is vested either expressly by law or by virtue of public employment or service with authority to enforce the criminal or traffic laws and whose duties include the preservation of public order, the pro tection of life and property, or the prevention, detection, or investigation of crime. Such term also includes the employees designated by the commissioner of human resources pur suant to paragraph (2) of subsection (i) of Code Section 49-5-10, which employees have the duty to investigate and apprehend delinquent and unruly children who have escaped from a facility under the jurisdiction of the Department of Human Resources or who have broken the conditions of supervision.
(6) 'Permanent disability' means disability due to:
(A) Loss of both eyes or blindness in both eyes with only light perception;
(B) Loss or loss of use of both hands;
(C) Loss or loss of use of both legs;
(D) Loss of a lower extremity or residuals of organic disease or injury which so affect the functions of balance or propulsion as to preclude locomotion without resort to a wheelchair; or
(E) Organic brain damage resulting from direct physical trauma incurred after January 1, 1973, which so affects the mental capacity as to preclude ability to function productively in any employment.
(7) 'Prison guard' means any person employed by the state or any political subdivision thereof whose principal duties relate to the supervision and incarceration of persons accused or convicted of the violation of the criminal laws of this state or any political subdivision thereof. Such term shall also mean any probation supervisor or parole officer who is required to be certified under Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Train ing Act,' and whose principal duties directly relate to the supervision of adult probationers or adult parolees. Such term also means any person employed by the state or any political subdivision thereof whose principal duties include the supervision of youth who are charged with or adjudicated for an act which if committed by adults would be considered a crime."
Section 3. Said article is further amended by striking in its entirety subsection (a) of Code Section 45-9-82, relating to the establishment of an indemnification program, and in serting in lieu thereof a new subsection (a) to read as follows:
"(a) There is established a program to provide for indemnification with respect to the:
(1) Death of any law enforcement officer, fireman, or prison guard who is or has been killed in the line of duty subsequent to January 1, 1973;
(2) Permanent disability of any law enforcement officer, fireman, or prison guard who is or has been permanently disabled in the line of duty subsequent to January 1, 1973; and
(3) Death or permanent disability of any emergency medical technician who is killed or permanently disabled or who has been killed or permanently disabled in the line of duty subsequent to November 1, 1985."

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JOURNAL OF THE SENATE

Section 4. Said article is further amended by striking in its entirety Code Section 45-983, relating to the Georgia State Indemnification Commission, and inserting in lieu thereof a new Code Section 45-9-83 to read as follows:
"45-9-83. There is created the Georgia State Indemnification Commission which shall be composed of the Governor, the Secretary of State, the Commissioner of Insurance, the commissioner of public safety, the commissioner of corrections, the commissioner of human resources, the president of the Peace Officers Association of Georgia, and the president of the Georgia State Firemen's Association. The Governor shall be the chairman of the com mission and the commission shall be assigned to the Department of Administrative Services for administrative purposes."
Section 5. Said article is further amended by striking in its entirety Code Section 45-984.2, relating to the authority of the General Assembly to make appropriations to the Geor gia State Indemnification Fund, and inserting in lieu thereof a new Code Section 45-9-84.2 to read as follows:
"45-9-84.2. The General Assembly is authorized to appropriate funds to be placed in the Georgia State Indemnification Fund for the purpose of providing for indemnification with respect to the death or disability of any law enforcement officer, fireman, or prison guard who is or has been killed or permanently disabled in the line of duty subsequent to January 1, 1973, and the death or disability of any emergency medical technician who is killed or permanently disabled or has been killed or permanently disabled in the line of duty subsequent to November 1, 1985, as well as defraying the expenses and costs incurred by the commission in the administration of this article. In addition, the Fiscal Division of the Department of Administrative Services is authorized to accept for deposit in the Georgia State Indemnification Fund any other funds from any other source. All funds appropriated to the Georgia State Indemnification Fund shall be presumptively concluded to have been committed to the purpose for which they have been appropriated and shall not lapse."
Section 6. Said article is further amended by striking in its entirety Code Section 45-985, relating to payment of indemnification for death or disability generally, and inserting in lieu thereof a new Code Section 45-9-85 to read as follows:
"45-9-85. (a) The indemnification shall be paid by the commission when a law enforce ment officer, fireman, emergency medical technician, or prison guard who in the line of duty:
(1) Is killed or receives bodily injury which results in death within 12 months thereaf ter, if such death does not occur from natural causes while performing routine duties which would not be strenuous or dangerous if performed by citizens who are not law enforcement officers, firemen, emergency medical technicians, or prison guards, and if such killing is not the result of suicide and if such bodily injury is not intentionally self-inflicted; or
(2) Is permanently disabled, if the permanent disability does not occur from natural causes while performing routine duties which would not be strenuous or dangerous if per formed by citizens who are not law enforcement officers, firemen, emergency medical techni cians, or prison guards, and if the permanent disability is not intentionally self-inflicted.
(b) (1) Every law enforcement officer, fireman, emergency medical technician, and prison guard shall designate his beneficiary and method of payment for the purpose of in demnification for death under this article. The designation shall be made to the commission in writing and on forms furnished by the commission. The beneficiary and method of pay ment may be changed in the same manner, provided that a change in beneficiary or method of payment shall not be effective until received by the commission. If a beneficiary is not designated, payment shall be made to the estate; and if the method of payment is not desig nated, payment shall be made in lump sum.
(2) The beneficiary, in the case of a law enforcement officer, fireman, emergency medi cal technician, or prison guard permanently disabled in the line of duty, shall be the dis abled officer, fireman, emergency medical technician, or guard.

FRIDAY, MARCH 6, 1987

1615

(3) Each law enforcement officer, fireman, emergency medical technician, or prison guard shall be authorized to designate one of the following methods of payment:
(A) The payment of a total sum of $50,000.00 in equal monthly installments over a period of five years; or
(B) Payment in lump sum; provided, however, that if the lump sum method of payment is chosen, the amount to be paid shall be equal to the total sum of $50,000.00 reduced to its present value upon the basis of interest calculated at the rate of 6 percent per annum.
(4) With respect to law enforcement officers, firemen, or prison guards who were killed prior to April 5, 1978, or who were permanently disabled prior to January 1, 1981, and who are entitled to indemnification under this article, payment shall be made in lump sum to the estate, in the case of death, or, in the case of permanent disability, to the person disabled.
(5) With respect to emergency medical technicians who were killed or permanently dis abled prior to July 1, 1987, and who are entitled to indemnification under this article, pay ment shall be made in lump sum to the estate, in the case of death, or, in the case of permanent disability, to the person disabled.
(c) After determining that a law enforcement officer, fireman, emergency medical tech nician, or prison guard has been killed or permanently disabled in the line of duty and that he or his beneficiary is entitled to indemnification under this article, the commission, within ten days after such determination, shall forward a certified copy of the order granting such payment, which order shall include the person to whom such payment shall be made and the method of payment, to the director of the Fiscal Division of the Department of Admin istrative Services who is authorized to make the appropriate payments from funds appropri ated or otherwise made available for the purpose of carrying out this article."
Section 7. Said article is further amended by striking in its entirety Code Section 45-986, relating to applications for indemnification, and inserting in lieu thereof a new Code Section 45-9-86 to read as follows:
"45-9-86. (a) Any designated beneficiary or any other person who is eligible or believes he is eligible for indemnification under the program may make application for indemnifica tion to the commission. In any case in which the person entitled to make application is a minor, the application may be made on his behalf by his parent or guardian. In any case in which the person entitled to make application is mentally incompetent, the application may be made on his behalf by his parent, guardian, or other individual authorized to administer his estate.
(b) An application for indemnification relative to any law enforcement officer, fireman, or prison guard killed in the line of duty subsequent to January 1, 1973, and prior to Janu ary 1, 1981, must be made prior to January 1, 1982. An application for indemnification relative to any law enforcement officer, fireman, or prison guard killed in the line of duty on and after January 1, 1981, and prior to January 1, 1984, must be made prior to January 1, 1986. An application for indemnification relative to any law enforcement officer, fireman, or prison guard killed in the line of duty on or after January 1, 1984, must be made within 24 months from the death of such law enforcement officer, fireman, or prison guard.
(c) An application for indemnification relative to any law enforcement officer, fireman, or prison guard permanently disabled in the line of duty subsequent to January 1, 1973, and prior to January 1, 1979, must be made prior to January 1, 1989. An application for indem nification relative to any law enforcement officer, fireman, or prison guard permanently dis abled in the line of duty subsequent to January 1, 1979, and prior to January 1, 1980, must be made prior to January 1, 1982. An application for indemnification relative to any law enforcement officer, fireman, or prison guard permanently disabled in the line of duty on and after January 1, 1980, and prior to January 1, 1984, must be made prior to January 1, 1986. An application for indemnification relative to a permanent disability occurring on or after January 1, 1984, must be made within 24 months of the date the permanent disability occurred.

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JOURNAL OF THE SENATE

(d) An application for indemnification with respect to the death or permanent disability of an emergency medical technician who was killed or permanently disabled subsequent to November 1, 1985, and prior to January 1, 1987, must be made prior to January 1, 1989. An application for indemnification with respect to the death or permanent disability of an emergency medical technician who is killed or permanently disabled in the line of duty on or after January 1, 1987, must be made within 24 months after the date of death or disability."
Section 8. If any provision of this Act is held to be invalid or inoperative for any reason, the remaining provisions of this Act shall be deemed to be void and of no effect it being the legislative intent that this Act as a whole would not have been adopted had any provision not been included.
Section 9. 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 HB 10 offered by the Senate Committee on Appropriations by adding in the title at the end of line 23 of page 1 the following:
"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 in certain counties the rules of the Department of Human Resources shall not require more than one emer gency medical technician in an ambulance transporting a patient unless the governing au thority of any such county requires more than one emergency medical technician in an am bulance transporting a patient; to provide that portions of such rules shall affect ambulance drivers; to provide for rules on training of drivers; to".
By renumbering Sections 8 and 9 on page 13 as Sections 9 and 10, respectively, and adding between lines 3 and 4 on page 13 a new Section 8 to read as follows:
"Section 8. Code Section 31-11-5 of the Official Code of Georgia Annotated, relating to rules and regulations governing ambulance services, is amended by striking subsection (a) and inserting in its place a new subsection to read as follows:
'(a) The department is authorized to adopt and promulgate rules and regulations for the protection of the public health:
(1) Prescribing reasonable health, sanitation, and safety standards for transporting pa tients in ambulances;
(2) Prescribing reasonable conditions under which ambulance attendants or drivers are required, provided that, in any county having a population of 50,000 persons or less accord ing to the United States decennial census of 1980 or any future such census, no more than one emergency medical technician shall be required in an ambulance transporting a patient unless the governing authority of any such county requires more than one emergency medi cal technician in an ambulance transporting a patient;
(3) Establishing criteria for the training of ambulance attendants or drivers and pre scribing further, that ambulance attendants prior to employment as such must have com pleted the American Red Cross advanced first-aid course and an approved cardiopulmonary resuscitation course or other courses deemed equivalent by the department. Within nine months of initial employment an attendant must complete an approved emergency medical technician course with required tests and be certified as an emergency medical technician in this state; and
(4) The emergency medical technician course is to be offered at area hospitals and area technical vocational schools in conjunction with their emergency patient care and personnel training programs.' "
The President ruled that the amendment offered by Senator Kidd of the 25th was not germane to the substitute to HB 10 offered by the Senate Committee on Appropriations.

FRIDAY, MARCH 6, 1987

1617

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

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen 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 Huggins Kidd 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:

Coleman Harrison

Hudgins Kennedy (presiding)

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.

HB 624. By Representatives Randall of the 101st and Martin of the 26th:
A bill to amend Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, so as to make certain editorial changes; to remove the limita tion on the amounts of funds for which the judge of the probate court may be custodian; to make such custodianship discretionary; to provide that guardian ships may be established in certain cases; to provide for increases in the amount of bond of the judge.
Senate Sponsor: Senator Langford of the 35th.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker

Barnes Bowen Brannon Broun of 46th

Brown of 47th Bryant Burton Coleman

1618

JOURNAL OF THE SENATE

Coverdell Crumbley Deal Dean Echols Edge English Engram Fincher Foster Gillis Harris

Harrison Hine Huggins Kidd Land Langford McGill McKenzie Newbill Olmstead Peevy Perry

Phillips Ray Scott of 2nd Scott of 36th aonuu,,maki,e0 ~*tal\ ,_ Stumbaugh Tolleson Turner Tysinger Walker

Those not voting were Senators:

Dawkins Garner Howard

Hudgins Kennedy (presiding) Ragan

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

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.

The Conference Committee report on HB 209 was as follows:

The Committee of Conference on HB 209 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference substitute to HB 209 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Thomas F. Allgood Senator, 22nd District
/s/ Edward Hine Senator, 52nd District
/s/ J. Nathan Deal Senator, 49th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Tommy Chambless Representative, 133rd District
/s/ Denmark Groover Representative, 99th District
/s/ Pete Robinson Representative, 96th District

Conference Committee substitute to HB 209:

A BILL To be entitled an Act to amend Title 14 of the Official Code of Georgia Annotated,

FRIDAY, MARCH 6, 1987

1619

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 for applicability regarding the payment of taxes; 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 direc tors, officers, employees, or agents of certain corporations; to provide for advancement of certain expenses; to provide for continuation of indemnification and advancement of ex penses; 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 direc tors 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 incorpora tion and organization of railroad companies, so as to change the provisions relating to in demnification of directors, officers, employees, or agents of railroad corporations; 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 con tinuation of indemnification and advancement of expenses; to provide procedures; to pro vide standards of care and conduct for railroad corporation directors and officers and pro vide for limitations of liability; to provide for applicability regarding the payment of taxes; 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 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-

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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.
(d) This Code section shall not relieve any director or officer from liability for the pay ment of taxes."
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 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.

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(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 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

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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 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-

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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) 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.
(e) This Code section shall not relieve any director or officer from liability for the pay ment of taxes."
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-

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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 46-851, 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-

FRIDAY, MARCH 6, 1987

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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, judgments, fines, and amounts paid in settlement actually and reasonably in curred 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-

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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;
(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. Said part is further amended by adding at the end thereof a new Code sec tion, 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.
(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

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(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) This Code section shall not relieve any director or officer from liability for the pay ment of taxes."
Section 8. All laws and parts of laws in conflict with this Act are repealed.

Senator Hine of the 52nd moved that the Senate adopt the Conference Committee re port on HB 209.

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 Huggins Kidd Land Langford McKenzie

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

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Those not voting were Senators:

Hudgins Kennedy (presiding)

McGill

Shumake

On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 209.

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

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 House amendment was as follows:

Amend SB 264 by inserting on line 20 of page 1 between "or" and "local" the following: "any arson investigator member of a".

Senator Langford of the 35th moved that the Senate disagree to the House amendment to SB 264.

On the motion, the yeas were 36, nays 0; the motion prevailed, and the Senate disagreed to the House amendment to SB 264.
The following bill of the House was taken up for the purpose of considering the House action thereon:

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.

Senator Deal of the 49th moved that the Senate adhere to the Senate amendment to HB 27, and that a Conference Committee be appointed.

On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate adhered to the Senate amendment to HB 27.

Senator Kennedy of the 4th, President Pro Tempore, who was presiding, appointed as a Conference Committee on the part of the Senate the following:

Senators Deal of the 49th, Hine of the 52nd and Olmstead of the 26th.

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1629

The following bill of the Senate was taken up for the purpose of considering the House action thereon:
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.
Senator Deal of the 49th moved that the Senate adhere to its disagreement to the House substitute, and that a Conference Committee be appointed.
On the motion, the yeas were 30, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House substitute to SB 230.
Senator Kennedy of the 4th, President Pro Tempore, who was presiding, appointed as a Conference Committee on the part of the Senate the following:
Senators Deal of the 49th, Hine of the 52nd and Baldwin of the 29th.
The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:
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.
Senate Sponsor: Senator Barnes of the 33th.
The Senate Committee on Special Judiciary offered the following substitute to HB 197:
A BILL
To be entitled an Act 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 provide for of fenses involving the sale or distribution of materials which are harmful to minors; to provide legislative intent; to provide definitions; to declare unlawful the sale, loan, or other dissemi nation to a minor, without the consent of a parent or legal guardian, of materials which are harmful to minors; to declare unlawful the sale or furnishing of admission to a minor, with out the consent of a parent or legal guardian, to premises whereon there is an exhibition or presentation of depictions which are harmful to minors; to prohibit false representations with the intent to procure certain materials or admission; to provide limitations regarding parental consent; to provide penalties; 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 3 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to obscenity and related offenses, is amended by striking in its entirety Part 3,

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relating to the sale or distribution of harmful materials to minors, and inserting in its place a new Part 3 to read as follows:
"Part 3
16-12-101. The General Assembly finds that the sale, loan, or other dissemination of materials which, without the individual judgment of parents, are harmful to minors has become a matter of increasingly grave concern to the people of this state. The elimination of such sales, loans, and other disseminations and the consequent protection of minors from harmful materials are in the best interest of the morals and general welfare of the citizens of this state in general and of minors in this state in particular. The accomplishment of these ends can best be achieved by providing public prosecutors with an effective power to com mence criminal proceedings against persons who engage in the sale, loan, or dissemination of materials which are harmful to minors.
16-12-102. As used in this part, the term:
(1) 'Harmful to minors' means that quality of description or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse, when it:
(A) Taken as a whole, predominantly appeals to the prurient, shameful, or morbid in terest of minors;
(B) Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors; and
(C) Is, when taken as a whole, lacking in serious literary, artistic, political, or scientific value for minors.
(2) 'Knowingly' means having a general knowledge of, or reason to know, or a belief or ground for belief which warrants further inspection or inquiry of both:
(A) The character and content of any material described in this part which is reasona bly susceptible to examination by the defendant; and
(B) The age of the minor; provided, however, that an honest mistake shall constitute an excuse from liability in this part if the defendant made a reasonable, bona fide attempt to ascertain the true age of such minor.
(3) 'Minor' means a person less than 18 years of age.
(4) 'Sadomasochistic abuse' means actual or simulated flagellation or torture by or upon a person who is nude, clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound, or otherwise physically restrained by one so clothed or nude.
(5) 'Sexual conduct' means actual or simulated acts of masturbation, homosexuality, sexual intercourse, or physical contact in an act of apparent sexual stimulation or gratifica tion with a person's clothed or unclothed genitals, pubic area, buttocks, or, if such be fe male, breasts.
(6) 'Sexual excitement' means the condition of human male or female genitals when in a state of sexual stimulation or arousal.
(7) 'Sexually explicit nudity' means a state of undress so as to expose the human male or female genitals, pubic area, or buttocks with less than a full opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple, or the depiction of covered or uncovered male genitals in a discernibly turgid state.
16-12-103. (a) It shall be unlawful for any person without the consent of a parent or legal guardian knowingly to sell or loan for monetary consideration or otherwise furnish or disseminate to a minor:
(1) Any picture, photograph, drawing, sculpture, motion picture film, or similar visual representation or image of a person or portion of the human body which depicts sexually explicit nudity, sexual conduct, or sadomasochistic abuse and which is harmful to minors; or

FRIDAY, MARCH 6, 1987

1631

(2) Any book, pamphlet, magazine, printed matter however reproduced, or sound re cording which contains any matter enumerated in paragraph (1) of this subsection, or ex plicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct, or sadomasochistic abuse and which, taken as a whole, is harmful to minors.
(b) It shall be unlawful for any person without the consent of a parent or legal guardian knowingly to sell or furnish to a minor an admission ticket or pass or knowingly to admit a minor to premises whereon there is exhibited a motion picture, show, or other presentation which, in whole or in part, depicts sexually explicit nudity, sexual conduct, or sadomasochis tic abuse and which is harmful to minors or exhibit any such motion picture at any such premises which are not designed to prevent viewing from any public way of such motion picture by minors not admitted to any such premises.
(c) It shall be unlawful for any minor falsely to represent to any person mentioned in subsection (a) or subsection (b) of this Code section or to his agent that such minor is 18 years of age or older with the intent to- procure any material set forth in subsection (a) of this Code section or with the intent to procure such minor's admission to any motion pic ture, show, or other presentation, as set forth in subsection (b) of this Code section.
(d) It shall be unlawful for any person knowingly to make a false representation to any person mentioned in subsection (a) or subsection (b) of this Code section or to his agent that he is the parent or legal guardian of any minor or that any minor is 18 years of age or older with the intent to procure any material set forth in subsection (a) of this Code section or with the intent to procure such minor's admission to any motion picture, show, or other presentation, as set forth in subsection (b) of this Code section.
16-12-104. A parent or legal guardian may consent to the sale, loan, or other dissemina tion only of such pictures, books, motion pictures, visual presentations, or other materials or depictions which, without the application of this part, would otherwise be lawful to dissemi nate to the public.
16-12-105. Any person who violates any provision of Code Section 16-12-103 shall be guilty of a misdemeanor of a high and aggravated nature."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 33, nays 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

Crumbley Dawkins Deal Dean Echols Edge English Engram Foster Gillis Harris Howard

Hudgins Muggins Kidd Land Langford McGill Newbill Olmstead Peevy Perry Phillips Ragan

1632

JOURNAL OF THE SENATE

Ray Scott of 2nd Scott of 36th Shumake

Starr Stumbaugh Tate Tolleson

Turner Tysinger Walker

Those not voting were Senators:

Coverdell Fincher Garner

Harrison Hine Kennedy (presiding)

McKenzie Timmons

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

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

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.
Senate Sponsor: Senator Ray of the 19th.

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 Thomas B. Buck, III

State Representative

FROM:

G. W. Hogan, State Auditor

DATE:

February 4, 1987

SUBJECT: House Bill 457 Peace Officers' Annuity and Benefit Fund

This Bill would provide that the Board of Commissioners of the Peace Officers' Annuity and Benefit Fund could invest no more than 50 percent of the Fund's assets in common stocks and equities. If this Bill is adopted, it would become effective July 1, 1987.

This is to certify that this is a nonfiscal Bill to the Peace Officers' Annuity and Benefit 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

Brannon Broun of 46th

FRIDAY, MARCH 6, 1987

1633

Brown of 47th Bryant Burton Coleman Crumbley Dawkins Dean Echols Edge English Fincher Foster Garner

Gillis Harris Hine Hudgins Huggins Kidd Land Langford McGill Newbill Olmstead Peevy Perry

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

Those not voting were Senators:

Barnes Bowen Coverdell Deal

Engram Harrison Howard

Kennedy (presiding) McKenzie Scott of 2nd

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

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

HB 974. By Representatives Jackson of the 83rd and Harris of the 84th:
A bill providing for a supplement to the compensation, expenses, and allowances of the judges of the Superior Court of the Augusta Judicial Circuit, so as to change the provisions relating to such supplement.
Senate Sponsor: Senator Albert of the 23rd.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Broun of 46th Brown of 47th Bryant Burton Coleman Crumbley Dean Echols Edge English

Engram Fincher Foster Garner Gillis Harris Harrison Howard Hudgins Kidd Land Langford McGill McKenzie Newbill Olmstead

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

1634

JOURNAL OF THE SENATE

Those not voting were Senators:

Brannon Coverdell Dawkins

Deal Hine Huggins

Kennedy (presiding) Ragan

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

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

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.
Senate Sponsor: Senator Edge of the 28th.

The Senate Committee on Industry and Labor offered the following substitute to HB 576:

A BILL

To be entitled an Act 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 change certain provisions relating to the power of the State Board of Registration of Used Car Dealers to make certain rules and regulations; to change certain provisions relating to attendance at training and informational seminars; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Chapter 47 of Title 43 of the Official Code of Georgia Annotated, known as the "Used Car Dealers' Registration Act," is amended by striking paragraph (3) of Code Section 43-47-6, relating to powers and duties of the State Board of Registration of Used Car Dealers, and inserting in its place a new paragraph (3) to read as follows:
"(3) To make such rules and regulations as may be necessary to effectuate the adminis tration and enforcement of this chapter; and"
Section 2. Said chapter is further amended by striking subsection (e) of Code Section 43-47-8, relating to license applications, and inserting in its place a new subsection (e) to read as follows:

"(e) Each application for a new license after July 1, 1983, shall show that within the preceding year the applicant has attended a training and information seminar approved by the board. Such seminar shall include, but shall not be limited to, dealer requirements of this chapter, including books and records to be kept; requirements of the Motor Vehicle Title Division and the Sales and Use Tax Division of the Department of Revenue; and such other information as in the opinion of the board will promote good business practices. No such seminar shall exceed one day in length."

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:

FRIDAY, MARCH 6, 1987

1635

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 English Engram Fincher Foster Gillis Harris Mine Howard Hudgins Huggins 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:

Coverdell Edge Garner

Harrison Kennedy (presiding)

Scott of 2nd 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.

HB 1010. By Representatives Jackson of the 83rd, Watts of the 41st, Barnett of the 10th and others:
A bill to amend Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to licenses, permits, and stamps concerning game and fish generally, so as to change the criteria for issuing such permits.
Senate Sponsor: Senator Kidd of the 25th.

The Senate Committee on Natural Resources offered the following amendment:

Amend HB 1010 by adding in the title on line 7 of page 1, immediately following the first semicolon and preceding the words "to provide", the following:

"to change the provisions relating to the fee for a nonresident commercial fishing license;".

By renumbering Sections 2 and 3 on page 2 as Sections 3 and 4, respectively, and ad ding below line 28 on page 1 a new Section 2 to read as follows:

"Section 2. Said chapter is further amended by striking in its entirety subparagraph (B) of paragraph (5) of Code Section 27-2-23, relating to license, permit, and stamp fees regard ing game and fish, and inserting in lieu thereof a new subparagraph (B) to read as follows:

'(B) Nonresident commercial fishing license

Season

100.25

If the commissioner determines that any of the States of Alabama, Florida, North Carolina, South Carolina, and Tennessee has a nonresident commercial fishing license fee which sub stantially exceeds the comparable fee which Georgia charges a citizen of that contiguous state, then the commissioner, notwithstanding the fee specified by this subparagraph, shall be authorized to increase the nonresident commercial fishing license fee, as applied to citi zens of that contiguous state, to an amount equal to the fee a Georgia citizen is required to pay to fish commercially in that contiguous state.' "

1636

JOURNAL OF THE SENATE

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 Baldwin Barker Barnes Bowen Brannon Broun of 46th Brown of 47th Bryant Burton Coverdell Crumbley Dawkins Deal Dean Edge

English Engram Fincher Foster Garner Gillis Harris Hine Hudgins Huggins Kidd Land Langford McGill McKenzie Newbill

Those voting in the negative were Senators:

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

Howard

Starr

Those not voting were Senators:

Walker

Allgood Coleman

Echols Harrison

Kennedy (presiding)

On the passage of the bill, the yeas were 47, nays 3.

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

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.
Senate Sponsor: Senator Ray of the 19th.

FRIDAY, MARCH 6, 1987

1637

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 Thomas B. Buck, III

State Representative

FROM:

G. W. Hogan, State Auditor

DATE:

February 4, 1987

SUBJECT: House Bill 459 Peace Officers' Annuity and Benefit Fund

This Bill will amend the state law pertaining to revenues collected from fines and bond forfeitures for the Peace Officers' Annuity and Benefit Fund. It will enable a portion of the fines and bond forfeitures collected from criminal or quasi-criminal violations of state stat utes, municipal ordinances or county ordinances to be paid to the Fund. Currently, only portions of fines and bond forfeitures collected from violations of state statutes or municipal ordinances are remitted to the Fund. If passed, this Bill will become effective on July 1, 1987.

This is to certify that this is a nonfiscal Bill to the Peace Officers' Annuity and Benefit Fund.

Is/ G. W. Hogan State Auditor

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon DBBrroowunn ooeff 4A4I67Htt.hIh. Bryant Burton Crumbley
Dawkins Dean Echols Edge

English Fincher Foster Garner Gillis Harris Harrison tHH_roi- nweard Hudgins Huggins Kidd
Land Langford McGill Newbill

Olmstead Peevy Perry Phillips Ragan j^ c .. f 0 , SSaccootttttt ootff 23Qn6CdtHh, Shumake btarr Stumbaugh
Tate Tolleson Tysinger Walker

Those not voting were Senators:

Coleman Coverdell Deal

Engram Kennedy (presiding) McKenzie

Timmons Turner

1638

JOURNAL OF THE SENATE

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

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

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.
Senate Sponsor: Senator Ragan of the 10th.

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

On the 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 Coverdell Crumbley Dawkins 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 Scott of 36th Shumake Tate Timmons
Tolleson Turner
Tysinger Walker

Those not voting were Senators:

Baldwin Coleman Deal

Kennedy (presiding) Langford

Starr Stumbaugh

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

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

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

SB 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.

FRIDAY, MARCH 6, 1987

1639

The House substitute to SB 229 was as follows:
A BILL
To be entitled an Act 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; to provide for certain affidavits from a parent or guardian accompanying a minor seeking an abortion; to provide for affidavits from an unemancipated minor and accompanying adult relative to parental notification of an unemancipated minor's decision to seek an abortion; to provide requirements of such affidavits; to provide for the signing of consent forms; to provide procedures for obtaining a waiver from the juvenile court of the requirement for prior parental notification; to provide for venue; to provide for notice to the unemancipated minor or next friend; to provide for waiver of notice under certain conditions; to provide for appellate review; to provide for applicability; to provide for exceptions based upon medical emergency; to provide that the physician performing the abortion as a medical emergency shall certify in writing the medical indications on which he based his judgment; to provide for civil and criminal immunities; to provide for penalties; to provide for other matters re lated to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile court proceedings, is amended by striking "or" immediately following subparagraph (a)(2)(B) of Code Section 15-11-5, relating to jurisdiction of the juvenile court, by striking the period and inserting in its place "; or" immediately following subparagraph (a)(2)(C), and by adding at the end of paragraph (2) of subsection (a) a new subparagraph, to be designated subparagraph (a)(2)(D), to read as follows:
"(D) Under Article 3 of this chapter, relating to prior notice to a parent or guardian relative to an unemancipated minor's decision to seek an abortion."
Section 2. Said chapter is further amended by adding at the end thereof a new article, to be designated Article 3, to read as follows:
"ARTICLE 3
15-11-110. This article shall be known and may be cited as the 'Parental Notification Act.'
15-11-111. As used in this article, the term:
(1) 'Abortion' means the intentional termination of human pregnancy with an intention other than to produce a live birth or to remove a dead fetus.
(2) 'Unemancipated minor' means any person under the age of 18 who is not or has not been married or who is under the care, custody, and control of such person's parent or parents, guardian, or the juvenile court of competent jurisdiction.
15-11-112. (a) No physician or other person shall perform an abortion upon an unemanicipated minor under the age of 18 years unless:
(1) (A) The minor seeking an abortion is accompanied by a parent or guardian and such parent or guardian shall furnish an affidavit signed by such parent or guardian and such minor attesting that such parent or guardian is the lawful parent or guardian of such minor; or
(B) 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 the minor is subject to guardianship, the legal guardian of such minor has been notified of the intent of the minor to seek an abortion; and

1640

JOURNAL OF THE SENATE

(2) The minor signs a consent form stating that she consents, freely and without coer cion, to the abortion.
(b) If the minor has no parent or legal guardian, the minor and the accompanying adult shall furnish the physician with an affidavit signed by both the minor and the accompanying adult attesting to the fact that the minor does not have a parent or a legal guardian and that the person standing in loco parentis to the minor has been notified of the intent of the minor to seek an abortion.
(c) If the unemancipated minor elects not to comply with the notification requirement of subparagraph (a)(l)(B) of this Code section or if the parent, legal guardian, or person standing in loco parentis of such minor cannot be located, 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 such requirement pursu ant 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 or guardian of the unemancipated minor shall not be served with the petition or with a sum mons 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 notification requirement of subparagraph (a)(l)(B) of Code Section 15-11-112 shall be waived if the court finds either:
(1) That the unemancipated minor is mature and well-informed enough to make intelli gently the abortion decision on her own; or
(2) That the notice to a parent or, if the minor is subject to guardianship, the legal guardian pursuant to Code Section 15-11-112 would not be in the best interests of the 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 requested 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.
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-

FRIDAY, MARCH 6, 1987

1641

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 physician or any person employed or connected with a physician, hospi tal, or health care facility performing abortions who acts in good faith shall be justified in relying on the representations of the unemancipated minor or of any accompanying adult purporting to give an affidavit required under this article, including but not limited to, his or her identity, age, marital status, emancipation, and relationship to any person for whom an affidavit is purportedly given. No physician or other person who furnishes professional services related to an act authorized or required by this article and who relies upon the affidavit required and furnished pursuant to this article shall be held to have violated any criminal law or to be civilly liable for such reliance, provided that the physician or other person acted in good faith.
15-11-118. Any person who violates the provisions of this article shall be guilty of a misdemeanor."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Allgood of the 22nd moved that the Senate agree to the House substitute to SB 229 as amended by the following amendment:

Amend the House substitute to SB 229 by adding on line 11 of page 1 after the word and semicolon "abortion;" the following:
"to provide for notice to persons standing in loco parentis;".
By striking on line 14 of page 3 the word "and" and substituting in lieu thereof the word "or".
By adding between lines 14 and 15 of page 3 the following:
"(C) The minor, if the minor has no parent or legal guardian, and an accompanying adult furnish the physician with an affidavit signed by both the minor and the accompany ing adult attesting to the fact that the minor does not have a parent or a legal guardian and that the person standing in loco parentis to the minor has been notified of the intent of the minor to seek an abortion; and".
By striking lines 18 through 25 on page 3 in their entirety.
By striking on line 26 of page 3 the designation "(c)" and substituting in lieu thereof the designation "(b)".
By striking on line 28 of page 3 the reference "(a)(l)(B)" and substituting in lieu thereof the reference "(a)(l)(B) or (a)(l)(C)".
By adding on line 10 of page 4 after the word "guardian" the following:
"or person standing in loco parentis".
By striking on line 26 of page 4 the reference "(a)(l)(B)" and substituting in lieu thereof the reference "(a)(l)(B) or (a)(l)(C)".
By adding on line 33 of page 4 after the word "guardian" the following:
"or person standing in loco parentis".

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

1642

JOURNAL OF THE SENATE

Bryant Burton Coleman
Coverde11 Crumbley UP. awkms Echols Edge English Engram Fincher Foster

Garner Gillis Harris
Harrison Hine ,H,oward, Kidd Land Langford McGill McKenzie Newbill

Perry Phillips Ragan
Ray Scott of 2nd Ooti arr Stumbaugh Tate Tolleson Turner Tysinger Walker

Voting in the negative was Senator Hudgins.

Those not voting were Senators:

Deal Huggins Kennedy (presiding)

Olmstead Peevy Scott of 36th

Shumake Timmons

On the motion, the yeas were 46, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 229 as amended by the Senate.

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

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.
Senate Sponsor: Senator Ray of the 19th.

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:

February 6, 1987

SUBJECT: House Bill 722 Peace Officers' Annuity and Benefit Fund

This Bill would revise the definition of "Peace Officer" under the Peace Officers' Annu ity and Benefit Fund. To qualify as a "Peace Officer" would require compliance with the training requirements of the 'Georgia Peace Officer Standards and Training Act' and the list of employers would be clarified by including counties as well as municipalities and political subdivisions.

FRIDAY, MARCH 6, 1987

1643

This is to certify that this Bill would have a nonfiscal impact on the Peace Officers' Annuity and Benefit 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 Brannon Broun of 46th Brown of 47th Bryant Burton Coverdell Crumbley Dawkins Dean Echols Edge

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

Those not voting were Senators:

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

Coleman Deal

Kennedy (presiding) Olmstead

Peevy Shumake

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

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

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.
Senate Sponsors: Senators Deal of the 49th and Dean of the 31st.

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

1644

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 Bwen o ran"0nf ,, u BDr,ou,n,, off 4,6-,t.h. BrTnt
Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols

Edge English Engram Fincher Foster Garner Gillis Hu ams Harrison
Hine Howard Hudgins Huggins Kidd Land Langford McGill

McKenzie Newbill Peevy Perry Phillips Ragan Ray Sc co*t*t oft 2o ndj Scott of 36th
Starr Stumbaugh Tate Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Kennedy (presiding)

Olmstead

Shumake

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

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

HB 263. By Representative Watson of the 114th:
A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to require a franchisor to honor the transfer of a dealership by or through sale, a gift, a will, or the laws of de scent and distribution, provided that the purchaser or successor meets the usual and customary conditions and requirements of a dealer as prescribed in writing by the franchisor.
Senate Sponsor: Senator Barker of the 18th.

Senator Barker of the 18th moved that HB 263 be postponed until Monday, March 9.

On the motion, the yeas were 40, nays 0; the motion prevailed, and HB 263 was post poned until Monday, March 9.

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 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

FRIDAY, MARCH 6, 1987

1645

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.

The House insists on its position in amending the following resolution of the Senate:

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.

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 337.

SB 362.

SB 338.

SB 107.

Respectfully submitted,
/s/ Ed Barker, Chairman Senator, District 18

The following communication from His Excellency, Governor Joe Frank Harris, was read by the Secretary:

STATE OF GEORGIA OFFICE OF THE GOVERNOR
ATLANTA 30334

March 6, 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 Billy Brooks of Gwinnett County as a member of the Georgia Board of Ath letic Trainers, for the term of office beginning February 27, 1987 and ending January 31, 1990.

The following named persons as members of the Georgia Board of Athletic Trainers, for the term of office beginning February 27, 1987 and ending January 31, 1992: Kay Lynette Edgecombe, R.N., of DeKalb County; and Warren G. Morris of Clarke County.

1646

JOURNAL OF THE SENATE

Honorable Bishop J. D. Husband of Fulton County as a member of the State Board of Barbers, for the term of office beginning December 31, 1986 and ending June 30, 1989.
Honorable Arvis E. Shead, Sr., of Cobb County as a member of the State Board of Barbers, for the term of office beginning February 9, 1987 and ending July 25, 1989.
Honorable T. Felton Denney of Carroll County as a member of the State Forestry Com mission, for the term of office beginning February 4, 1987 and ending January 1, 1994.
Honorable Ernest W. Cloud, Jr., of Grady County as a member of the State Board of Funeral Service, for the term of office beginning February 18, 1987 and ending February 13, 1993.
The following named persons as members of the Georgia Board of Nursing, for the term of office beginning January 21, 1987 and ending September 23, 1989: Betty C. Blake of Fayette County; and Julia L. Perkins of Cobb County.
Honorable Charles Hamilton of Richmond County as a member of the State Board of Examiners in Optometry, for the term of office beginning December 31, 1986 and ending July 1, 1989.
Honorable Edward Menifee, Sr., of Fulton County as a member of the State Board of Polygraph Examiners, for the term of office beginning December 31, 1986 and ending June 30, 1990.
Honorable Terrell Craven of Cherokee County as a member of the State Board of Poly graph Examiners, for the term of office beginning January 28, 1987 and ending July 15, 1989.
Honorable William E. Johnson of Richmond County as a member of the State Board of Polygraph Examiners, for the term of office beginning January 28, 1987 and ending July 15, 1990.
Honorable Anne Bell of Fulton County as a member of the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists, for the term of office beginning March 4, 1987 and ending December 31, 1987.
Honorable Johnnie R. Miller of DeKalb County as a member of the Professional Stan dards Commission, for the term of office beginning December 31, 1986 and ending Novem ber 19, 1989.
The following named persons as members of the Professional Standards Commission, for the term of office beginning March 9, 1987 and ending November 19, 1989: Eugene Harper of Ben Hill County; Floyd Toth, Ph.D., of Lowndes County; Joe Richardson, Ph.D., of Fulton County; Mimi Holland of Clayton County and Roy Nichols, Ed.D., of Cobb County.
Honorable Gary McConnell of Chattooga County as a member of the Board of Public Safety, for the term of office beginning February 4, 1987 and ending January 20, 1990.
The following named persons as members of the State Board of Recreation Examiners, for the term of office beginning February 27, 1987 and ending July 1, 1989: Joe Murray Rivers of Chatham County; and Ed Nelson of Bulloch County.
Honorable David Word of Fulton County as a member of the State Board of Registra-

FRIDAY, MARCH 6, 1987

1647

tion for Certification of Water and Wastewater Treatment Plant Operators and Laboratory Analysts, for the term of office beginning February 26, 1987 and ending August 17, 1987.
Sincerely, /s/ Joe Frank Harris

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

Mr. Hamilton McWhorter, Jr. Secretary of the Senate State Capitol Atlanta, GA

The State Senate Atlanta, Georgia 30334
March 6, 1987

Dear Mr. Secretary:

Due to the death of Senator Holloway of the 12th on February 7, 1987,1 hereby appoint Senator Allgood of the 22nd to replace him as a member of the Conference Committee on HB 2.
Sincerely,
fa/ Zell Miller Lieutenant Governor

Senator Allgood of the 22nd moved that the Senate stand in recess unless 5:00 o'clock P.M. at which time the Senate would stand adjourned pursuant to HR 402, adopted previ ously, until 10:00 o'clock A.M. on Monday, March 9; the motion prevailed.

At 12:22 o'clock P.M., Senator Kennedy of the 4th, President Pro Tempore, who was presiding, 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 402, adopted previously, until 10:00 o'clock A.M. on Monday, March 9.

1648

JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Monday, March 9, 1987
Thirty-eighth Legislative Day
The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.
Senator Barker of the 18th reported that the Journal of the proceedings of Friday, March 6, had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House and Senate:
HB 1132. By Representative Heard of the 43rd: A bill to repeal an Act creating the Peachtree City Water, Sewerage, and Recrea tion Authority; to create a new Peachtree City Water and Sewerage Authority.
HB 1135. By Representatives Byrd of the 153rd and Moody of the 153rd: A bill to provide for the election of members of the Board of Education of Toombs County.
HB 1137. By Representative Smith of the 152nd: A bill to amend an Act creating the Board of Commissioners for Bacon County, so as to change the compensation of the members of the board of commissioners.
SB 72. By Senators Tolleson of the 32nd and Newbill of the 56th: A bill to amend an Act creating a new charter for the City of Smyrna, approved August 27, 1931 (Ga. L. 1931, p. 955), as amended, particularly by an Act ap proved March 20, 1985 (Ga. L. 1985, p. 4072), so as to provide for the election of the mayor and all councilmen at the same elections; to provide for matters rela tive thereto.
SB 233. By Senators Harrison of the 37th, Barnes of the 33rd, Tolleson of the 32nd and others: A bill to amend an Act creating the Cobb Judicial Circuit, 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 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.

MONDAY, MARCH 9, 1987

1649

SB 279. By Senators Tolleson of the 32nd, Harrison of the 37th, Newbill of the 56th 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, as amended, so as to change the compensation of the judge and the clerk of the probate court; to provide an effective date.
SB 280. By Senators Tolleson of the 32nd, Harrison of the 37th, Newbill of the 56th and others: 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.
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 qualification of candi dates for city elections.
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.
SB 384. By Senator Barnes of the 33rd: A bill to amend an Act creating the State Court of Cobb County, as amended, so as to change the amount of compensation of the judges of the second division of the State Court of Cobb County; to authorize the governing authority to pay employee contributions to the Trial Judges and Solicitors Retirement Fund on behalf of the judges of the second division of the State Court of Cobb County.
SB 218. By Senators Dawkins of the 45th, Garner of the 30th and Foster of the 50th:
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.
HB 984. By Representatives Hensley of the 20th, Lawler of the 20th, Aiken of the 21st, Atkins of the 21st, Thompson of the 20th and others: A bill to amend an Act creating a new charter for the City of Austell, so as to change the corporate limits of the city.
HB 1076. By Representatives Alien of the 127th, Triplett of the 128th and Johnson of the 123rd:
A bill to amend an Act completely revising the laws relative to the governing authority of Chatham County and providing for a board of commissioners as the governing authority of said county, so as to change the provisions relative to the agenda for meetings of the board of commissioners.
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-

1650

JOURNAL OF THE SENATE

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 136. By Senators Dawkins of the 45th, Peevy of the 48th, Bowen of the 13th and others:
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 pro vide for other matters relative to the foregoing; to provide 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.
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 House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate:
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.
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 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.

MONDAY, MARCH 9, 1987

1651

The House has passed, as amended, by the requisite constitutional majority the follow ing bills of the Senate:
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 court.
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 House has adopted by the requisite constitutional majority the following resolution of the Senate:
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 House has adopted, by substitute, by the requisite constitutional majority the fol lowing resolution of the Senate:
SR 70. By Senator Hine of the 52nd:
A resolution creating the Joint Study Committee on Residential High Schools for the Arts.
The House has agreed to the Senate substitutes to the following bills of the House:
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 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.
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.

1652

JOURNAL OF THE SENATE

The House has agreed to the Senate substitute, as amended, to the following bill of the House:
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.
The House has adopted the report of the Committee of Conference on the following bill of the House:
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.
The following bills of the House were read the first time and referred to committee:
HB 984. By Representatives Hensley of the 20th, Lawler of the 20th, Aiken of the 21st and others: A bill to amend an Act creating a new charter for the City of Austell, so as to change the corporate limits of the city.
Referred to Committee on Urban and County Affairs.
HB 1076. By Representatives Alien of the 127th, Triplett of the 128th and Johnson of the 123rd: A bill to amend an Act completely revising the laws relative to the governing authority of Chatham County and providing for a board of commissioners as the governing authority of said county, so as to change the provisions relative to the agenda for meetings of the board of commissioners.
Referred to Committee on Urban and County Affairs.
HB 1132. By Representative Heard of the 43rd: A bill to repeal an Act creating the Peachtree City Water, Sewerage, and Recrea tion Authority; to create a new Peachtree City Water and Sewerage Authority.
Referred to Committee on Urban and County Affairs.
HB 1135. By Representatives Byrd of the 153rd and Moody of the 153rd: A bill to provide for the election of members of the Board of Education of Toombs County.
Referred to Committee on Urban and County Affairs.
HB 1137. By Representative Smith of the 152nd: A bill to amend an Act creating the Board of Commissioners for Bacon County, so as to change the compensation of the members of the board of commissioners.
Referred to Committee on Urban and County Affairs.

MONDAY, MARCH 9, 1987

1653

The following reports of standing committees were read by the Secretary:
Mr. President:
The Committee on Education has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 247. Do pass. HB 905. Do pass.
Respectfully submitted, Senator Foster of the 50th District, Chairman
Mr. President:
The Committee on Insurance 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 507. 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 House and has instructed me to report the same back to the Senate with the following recommendations:
HB 29. Do pass by substitute. HB 312. Do pass by substitute. HB 538. Do pass.
Respectfully submitted, Senator Deal of the 49th District, Chairman
Mr. President:
The Committee on Public Utilities 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 859. 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 has instructed me to report the same back to the Senate with the following recommendations:
SR 204. Do pass as amended.

1654

JOURNAL OF THE SENATE

SR 208. Do pass as amended. Respectfully submitted, Senator Dean of the 31st 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 349. Do pass. HB 667. Do pass.

HB 1087. Do pass. HB 1088. Do pass.

HB 925. Do pass as amended.

HB 1097. Do pass.

HB 992. Do pass.

HB 109g Do pass

HB 1016. Do pass as amended.

HB im Do pass.

HB 1033.
HB 1045.
HB 1051. UHDB ,1,,0-7,0,,. HB 1081.

Do pass byJ substitute. Do pass.
Do pass. TMDo pass as amendjedj. Do pass.

THTBr) .1,1,,0,5.. HB 1106.
HB ml HB 1112 '

,,Do pass. Do pass.
Do pass. Do pass'

HB 1082. Do pass.

HB 1122' Do Pass-

HB 1083. Do pass.

HB n24- Do Pass-

HB 1084. Do pass as amended.

HB 1125. Do pass.

HB 1085. Do pass.

HB 1126. Do pass as amended.

HB 1086. Do pass.

HB 1128. Do pass.

Respectfully submitted,

Senator Turner of the 8th District, Chairman

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

SR 204. By Senator Kidd of the 25th: A resolution creating the Senate Merit System Study Committee.

SR 208. By Senators Turner of the 8th and Harris of the 27th: A resolution creating the Housing Study Committee of the Senate.

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.

HB 247. By Representatives Murphy of the 18th, Mangum of the 57th, Ray of the 98th, Cummings of the 17th, Long of the 142nd 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-

MONDAY, MARCH 9, 1987

1655

erage under said health insurance plan for retired former public school employ ees and their spouses and dependent children.

HB 507. By Representatives Ware of the 77th, Groover of the 99th, Workman of the 51st and Colbert of the 23rd:
A bill to amend Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to group or blanket accident and sickness insurance, so as to provide for and authorize preferred provider arrangements.

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.

HB 859. By Representatives Lane of the lllth and Godbee of the 110th:
A bill to amend Code Section 46-1-1 of the Official Code of Georgia Annotated, relating to definitions of terms used in laws relating to public utilities and public transportation, so as to include in the definition of private carrier those motor vehicles engaged in the harvesting or transportation of forest products.

HB 905. By Representatives Mangum of the 57th and Athon of the 57th:
A bill to amend Article 4 of Chapter 4 of Title 20 of the Official Code of Georgia Annotated, known as the "Georgia Proprietary School Act", so as to provide for certificates of authorization for proprietary schools in lieu of certificates of approval.

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

Albert Allgood Baldwin Barker Barnes Bowen Brannon Bryant Burton Coleman Crumbley Dawkins Dean Echols Edge

English 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 Stumbaugh Timmons Turner Tysinger

Those not answering were Senators:

Broun of 46th Brown of 47th (excused) Coverdell Deal

Gillis Harrison Starr

Tate Tolleson Walker

1656

JOURNAL OF THE SENATE

Senator Scott of the 2nd introduced the chaplain of the day, Reverend Thomas A. Aus tin, pastor of the First Baptist Church, Savannah, Georgia, who offered scripture reading and prayer.
The following resolutions of the Senate were read and adopted:
SR 209. By Senator Brown of the 47th: A resolution commemorating the founding of the Nail's Creek Baptist Church on its bicentennial anniversary.
SR 210. By Senator Brown of the 47th: A resolution commending the Hart County High School band.
SR 211. By Senators Bowen of the 13th and McGill of the 24th: A resolution congratulating and commending the Georgia Automobile Dealers Association.
SR 213. By Senator Ragan of the 10th: A resolution commending the Ravenwood Academy girls basketball team.
SR 214. By Senator Timmons of the llth: A resolution commending the Westwood High School boys basketball team.
SR 215. By Senator Timmons of the llth: A resolution commending the Ravenwood Academy girls basketball team.
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 March 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 March 2, 1987, as of 3:00 p.m. this date. The list is numbered 715 through 729. With best wishes, I am
Most sincerely, M Max Cleland
Attachments: Received by /s/ Hamilton McWhorter, Jr.

MONDAY, MARCH 9, 1987

1657

STATE OF GEORGIA OFFICE OF SECRETARY OF STATE
I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that the at tached list contains the names and addresses of those persons, numbered 715 through 729, who have registered in the Docket of Legislative Appearance as of March 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 March, 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)

715. Brenda Allynn Buras Texaco Inc. Post Office Box 60252 New Orleans, LA 70160 504/595-1329
716. Thomas Anderson Burroughs Citizens Lobbying Group 1572 Hardee Street, #14C Atlanta, Georgia 30307 404/373-5281
717. Judith W. Fensterer Generic Pharmaceutical Industry Association GPIA 200 Madison Avenue New York, New York 10016 212/683-1881
718. Patrick B. Donoho REGISTERED AGENT General Retail Pharmacy Revco Drug Stores, Inc. 1925 Enterprises Parkway Twinsburg, Ohio 216/425-9811
719. William C. Talmadge Generic Pharmaceutical Industry Association 1730 Pennsylvania Avenue Washington, D.C. 20006 202/737-0500
720. Gene Knapp Generic Pharmaceutical Industry Association 18828 Stoneyhurst Street Olneg, Maryland 20832 301/774-3432

721. David F. Dunning Retired Persons Services, Inc. One Prince Street Alexandria, VA 22314 404/256-5777
722. Lester Roger Matthews Texaco Inc. Post Office Box 4582 Atlanta, Georgia 30302 404/321-4411
723. Booker T. Downie Brotherhood Maintenance of Way Employees Cuthbert, Georgia 31740
724. VOID
725. William Leonard Jones Adoptees Search Network 882 S. Main Street Suite 100, Office #3 Conyers, Georgia 30207
726. Gregory G. Kergosien The UpJohn Company 38 Lyme Bay Road Columbia, SC 29212 803/781-5418
727. Franklin Hightower Lobbying American Post Office Box 311324 Atlanta, Georgia 30331 404/349-1917
728. G. Gordon Knight Smith, Kline, & French Laboratories 1500 Spring Gordon Street Philadelphia, PA 19101 215/751-7437

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JOURNAL OF THE SENATE

729. Sheila Joyce Carter Independent Insurance Agents of Georgia Post Office Box 48386 Atlanta, Georgia 30362 404/458-0093

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, March 9, 1987
THIRTY-EIGHTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)

HB 349 Gillis, 20th City of Dublin Laurens County
Amends Act providing new charter for city; changes corporate limits of city.

HB 667 Burton, 5th Tysinger, 41st Howard, 42nd Stumbaugh, 55th Walker, 43rd DeKalb County
Repeals specifically an Act creating DeKalb County Airport Authority.

*HB 925 Harris, 27th Monroe County
Amends Act creating Board of Commissioners of county; provides for election and terms of members of Board of Commissioners. (AMENDMENT)

HB 992 Crumbley, 17th Starr, 44th City of Morrow Clayton County
Amends Act creating new charter for city; changes terms of office of mayor and councilmen and for other purposes.

*HB 1016

Hine, 52nd City of Rome Floyd County
Provides for merger and consolidation of existing Floyd County School Sys tem and existing City of Rome Independent School System into a single county-wide school system. (AMENDMENT)

*HB 1033 Coleman, 1st Scott, 2nd

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Bryant, 3rd Chatham County
Creates Chatham County Law Enforcement and Jails Study Commission. (SUBSTITUTE)

HB 1045 Peevy, 48th Barrow County
Amends Act re-creating and establishing Board of Commissioners of county; changes composition of board.

HB 1051 Crumbley, 17th Starr, 44th City of Riverdale Clayton County
Amends Act creating new charter for city; changes corporate limits of said city.

*HB 1070

Coleman, 1st Scott, 2nd Bryant, 3rd Chatham County
Amends Act creating office of county Tax Commissioner; provides that Com missioners of county shall pay costs of any supplies, equipment, and employ ees necessary for performance of tax commissioner. (AMENDMENT)

HB 1081 Engram, 34th City of Tyrone Fayette County
Amends Act creating new charter for city; changes term of mayor pro tern; changes provisions relating to filling vacancies in offices of mayor and councilmen.

HB 1082 Crumbley, 17th Starr, 44th Clayton County
Amends Act placing judge of Probate Court of county on an annual salary; changes compensation of said officer.

HB 1083 Crumbley, 17th Starr, 44th Clayton County
Amends Act creating State Court of county; change compensation of deputy clerk of said court; changes compensation of judge and solicitor of said court.

*HB 1084

Crumbley, 17th Starr, 44th Clayton County
Amends Act to change composition of and manner of selection of members of Board of Education; changes compensation of chairman or president and other members of board (AMENDMENT)

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HB 1085 Crumbley, 17th Starr, 44th Clayton County
Amends Act creating Board of Commissioners; changes compensation of chairman and other members of board.
HB 1086 Crumbley, 17th Starr, 44th Clayton County
Amends Act consolidating offices of tax receiver and tax collector of county into office of tax commissioner; changes provisions relative to compensation of tax commissioner.
HB 1087 Crumbley, 17th Starr, 44th Clayton County
Amends Act placing sheriff and clerk of Superior Court of county on an an nual salary; changes compensation of said officers.
HB 1088 Crumbley, 17th Starr, 44th Clayton County
Amends Act known as the "Clayton County Civil Service System Act"; changes provisions relating to compensation of members of civil service board.
HB 1097 Turner, 8th City of Lake Park Lowndes County
Amends Act creating new charter for city; changes provisions relating to and provides for corporate limits of city.
HB 1098 Starr, 44th Crumbley, 17th Clayton County
Amends Act creating Clayton County Water Authority; changes compensa tion of chairman, secretary, and other members of authority.
HB 1099 Peevy, 48th Phillips, 9th Gwinnett County
Amends Act authorizing Gwinnett County and governing authority thereof to appoint a Merit System Board; provides that constitutional county officers shall have authority under certain conditions to select, employ, and discharge certain personnel.
HB 1103 Crumbley, 17th Butts County
Amends Act creating Board of Commissioners of county; changes certain pro visions relating to election of five-member Board of Commissioners and removes certain provisions relating to voting precincts.

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HB 1105 Huggins, 53rd Fincher, 54th Catoosa County
Continues amendment creating Catoosa County Development Authority.

HB 1106 Huggins, 53rd Fincher, 54th Catoosa County
Continues amendment providing for sewage districts for county.

HB 1111 Barker, 18th Houston County
Amends Act making provisions for Magistrate Court of county; provides for collection of additional costs in cases before Magistrate Court of county as law library fees.

HB 1112 Barker, 18th Houston County
Amends Act creating and establishing State Court of county; changes provi sions relating to costs in civil cases in said court.

HB 1122 Crumbley, 17th Starr, 44th Clayton County
Creates Clayton County Tourism Authority.

HB 1124 Hine, 52nd Floyd County
Amends Act abolishing offices of tax receiver and tax collector of county and creates in their place the office of tax commissioner of county; authorizes Board of Commissioners of county to supplement the compensation of that tax commissioner.

HB 1125 Hine, 52nd Floyd County
Amends Act establishing compensation and allowances for clerk of Superior Court of county and judge of Probate Court of county; authorizes Board of Commissioners of county to supplement the compensation of such officers.

*HB 1126

Perry, 7th City of Waycross Ware County
Amends Act providing and establishing new charter for city; provides for of fice of mayor. (AMENDMENT)

HB 1128 Albert, 23rd Allgood, 22nd Richmond County
Amends Act regulating public instruction in county; changes compensation of members and officers of Board of Education.

Senator Hine of the 52nd moved that HB 1124 and HB 1125 be postponed until March 10.

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On the motion, the yeas were 35, nays 0; the motion prevailed, and HB 1124 and HB 1125 were postponed until March 10.
Senator Peevy of the 48th moved that HB 1099 be postponed until March 10.
On the motion, the yeas were 29, nays 0; the motion prevailed, and HB 1099 was post poned until March 10.
The amendments to the following bills were put upon their adoption:
*HB 925:
The Senate Committee on Urban and County Affairs offered the following amendment:
Amend HB 925 by striking from line 6 of page 24 the following: "1987",
and inserting in its place the following: "1980".
By striking from lines 8 through 12 of page 24 the following: "A candidate to be elected from a district must have been a resident of the district from which the candidate offers for election for one year immediately preceding the election.",
and inserting in its place the following:
"To qualify as a candidate to be elected from a district, the candidate must have been a resident of Monroe County for at least one year immediately preceding the election and must be a resident of the district from which the candidate offers."
On the adoption of the amendment, the yeas were 52, nays 0, and the amendment was adopted.
*HB 1016:
The Senate Committee on County and Urban Affairs offered the following amendment:
Amend HB 1016 by striking from lines 6 through 58 of page 8, lines 1 through 61 of page 9, and lines 1 through 63 of page 10 the following:
"Education District No. 1
Floyd Tract 6 That part of Block 138 inside the City of Rome Block 142 Blocks 202 and 203 That part of Block 204 inside the City of Rome Blocks 205 through 211 and 219 through 250 Block Groups 3 and 4 Tract 9 Blocks 102 through 104, 115, 149, and 150 Blocks 201 and 203 through 210 Tract 10 Blocks 218 and 219 Tract 15 That part of Block 101 inside the City of Rome Blocks 102 through 144 and 151

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Tract 16 Blocks 101 through 131, 134 through 140, and 143 through 149 Blocks 202 through 238 and 246 through 250 Blocks 301 through 312 Those parts of Blocks 313, 317, and 333 inside the City of Rome
Tract 17 Blocks 115 through 121
Education District No. 2
Floyd Tract 3 Those parts of Blocks 102 and 106 inside the City of Rome Tract 4 Blocks 150 and 151 Tract 5 Tract 10 Block Group 1 Blocks 203 through 217 and 220 through 225 Tract 11 Tract 12 Block Group 1 Blocks 201 through 220 Those parts of Blocks 221, 223 and 224 inside the City of Rome Blocks 225 and 226 Those parts of Blocks 230 and 232 inside the City of Rome Block 233 That part of Block 234 inside the City of Rome Block 237 That part of Block 238 inside the City of Rome Blocks 239 through 242 Tract 13 Blocks 101 through 122 and 134 Blocks 201 and 243
Education District No. 3
Floyd Tract 2 Tract 3 Block 101 That part of Block 102 outside the City of Rome Blocks 103 through 105 That part of Block 106 outside the City of Rome Blocks 107 through 115 Blocks 301 through 309 and 313 through 321 Tract 4 Blocks 101 through 149 and 152
Education District No. 4
Floyd Tract 3 Blocks 201 and 202 Blocks 310 through 312 Tract 12 That part of Block 221 outside the City of Rome Block 222 Those parts of Blocks 223 and 224 outside the City of Rome

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Blocks 227 through 229 That part of Block 230 outside the City of Rome Block 231 Those parts of Blocks 232 and 234 outside the City of Rome Block 235 That part of Block 238 outside the City of Rome Tract 13 Blocks 123 through 133 Blocks 202, 203, and 205 through 242 Tract 14 Tract 15 That part of Block 101 outside the City of Rome Block 150 Tract 19 Blocks 102, 104 through 109, 112 through 115, 117 through 124, 126, 127, 131
through 134, and 138 through 140 Tract 20
Blocks 101, 102, 114, 115, and 199
Education District No. 5
Floyd Tract 7 Blocks 219 and 223 through 233 Tract 8 Blocks 141 through 150 and 157 Block Group 2 Tract 9 Blocks 101, 105 through 114, 116 through 137, and 139 through 148 Block 202 Tract 17 Blocks 101 through 114 and 132 through 134 Blocks 221 through 232 Block Groups 3 through 5 Tract 20 Blocks 103 through 113, 116 through 142, and 196 through 198 Block Groups 2 and 3
Education District No. 6
Floyd Tract 15 Blocks 145 through 149 Tract 16 Blocks 132, 133, and 150 Blocks 201 and 239 through 245 That part of Block 313 outside the City of Rome Blocks 314 through 316 That part of Block 317 outside the City of Rome Blocks 318 through 327 That part of Block 333 outside the City of Rome Tract 17 Blocks 122 through 131 Blocks 201 through 220, 235 through 240, and 243 Tract 18 Block Groups 1 and 2 Tract 19 Blocks 101, 110, 111, 116, 125, 129, 130, and 141

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Education District No. 7

Floyd

Tract 1

Tract 6

,

Blocks 101 through 137

That part of Block 138 outside the City of Rome

Blocks 139 through 141 and 143 through 150

Block 201

That part of Block 204 outside the City of Rome

Blocks 212 through 218 and 251

Tract 7

Blocks 101 through 137

Blocks 201 through 204, 206 through 218, and 220 through 222

Tract 8

Blocks 101 through 140 and 151 through 156",

and inserting in its place the following:

"Education District No. 1
Floyd Tract 6 That part of Block 138 inside the City of Rome Block 142 Blocks 202 and 203 That part of Block 204 inside the City of Rome Blocks 205 through 211 and 219 through 250 Block Groups 3 and 4 Tract 9 Blocks 102 through 104, 115, 149, and 150 Blocks 201 and 203 through 210 Tract 15 Blocks 101 through 144, 150, and 151 Tract 16 Blocks 101 through 131, 134 through 140, and 143 through 149 Blocks 202 through 238 and 246 through 250 Blocks 301 through 312 Those parts of Blocks 313, 317, and 333 inside the City of Rome Tract 17 Blocks 115 through 121

Education District No. 2
Floyd Tracts 10, 12 and 13 Tract 14 Blocks 102 through 112 and 114 through 117

Education District No. 3
Floyd Tract 3 That part of Block 102 inside the City of Rome Blocks 105 through 115 Tracts 4, 5, and 11

Education District No. 4
Floyd Tract 2

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Blocks 101 through 136 Block Group 2 Blocks 301 through 325 Block Group 4 Tract 3 Block 101 That part of Block 102 outside the City of Rome Blocks 103 and 104 Block Group 2 Blocks 301 through 321 Tract 14 Blocks 101, 113, and 118 through 121 Block Group 2 Blocks 301 through 312 and 316 through 331 Block Groups 4 and 5 Tract 19 Blocks 102, 104 through 109, 112 through 115, 117 through 124, 126, 127, 131
through 134, and 138 through 140 Tract 20
Blocks 101, 102, 114, 115, and 199
Education District No. 5
Floyd Tract 7 Blocks 219 and 223 through 233 Tract 8 Blocks 141 through 150 and 157 Block Group 2 Tract 9 Blocks 101, 105 through 114, 116 through 137, and 139 through 148 Block 202 Tract 17 Blocks 101 through 114 and 132 through 134 Blocks 221 through 232 Block Groups 3 through 5 Tract 20 Blocks 103 through 113, 116 through 142, and 196 through 198 Block Groups 2 and 3
Education District No. 6
Floyd Tract 15 Blocks 145 through 149 Tract 16 Blocks 132, 133, and 150 Blocks 201 and 239 through 245 That part of Block 313 outside the City of Rome Blocks 314 through 316 That part of Block 317 outside the City of Rome Blocks 318 through 327 That part of Block 333 outside the City of Rome Tract 17 Blocks 122 through 131 Blocks 201 through 220, 233, 235 through 240, and 243 Tract 18 Block Groups 1 and 2

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Tract 19 Blocks 101, 110, 111, 116, 125, 129, 130, and 141
Education District No. 7
Floyd Tract 1 Tract 6 Blocks 101 through 137 That part of Block 138 outside the City of Rome Blocks 139 through 141 and 143 through 150 Block 201 That part of Block 204 outside the City of Rome Blocks 212 through 218 and 251 Tract 7 Blocks 101 through 137 Blocks 201 through 204, 206 through 218, and 220 through 222 Tract 8 Blocks 101 through 140 and 151 through 156".
On the adoption of the amendment, the yeas were 52, nays 0, and the amendment was adopted.
*HB 1070:
The Senate Committee on Urban and County Affairs offered the following amendment:
Amend HB 1070 by adding on line 19 of page 1 after the word "government" the following:
"; provided, however, that such expenses have been presented to and approved by the Commissioners of Chatham County".
On the adoption of the amendment, the yeas were 52, nays 0, and the amendment was adopted.
*HB 1084:
The Senate Committee on Urban and County Affairs offered the following amendment: Amend HB 1084 by striking line 18 of page 1 in its entirety and substituting in lieu thereof the following: " '$450.00' and '$400.00', respectively,". By striking the amount "$250.00" on line 21 of page 1 in its entirety and substituting in lieu thereof the amount "$450.00". By striking the amount "$200.00" on line 23 of page 1 in its entirety and substituting in lieu thereof the amount "$400.00". On the adoption of the amendment, the yeas were 52, nays 0, and the amendment was adopted.
*HB 1126:
The Senate Committee on Urban and County Affairs offered the following amendment:
Amend HB 1126 by inserting at the end of line 11 of page 3 the following: "and".
By striking lines 12 through 20 of page 3, which read as follows: "(6) To chair a committee to be known as the Police Committee, consisting of the

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mayor and two members of the commission. The committee shall provide oversight of public safety functions in the city, and the mayor, or one committee member, shall be present at all sessions of the recorder's court;
(7) At the discretion of the commission, to act as recorder pro hac vice, provided the mayor meets appropriate qualifications; and".
By striking from line 21 of page 3 the following: "(8)",
and inserting in its place the following: "(6)".
On the adoption of the amendment, the yeas were 52, nays 0, and the amendment was adopted.
The substitute to the following bill was put upon its adoption:
*HB 1033:
The Senate Committee on Urban and County Affairs offered the following substitute to HB 1033:
A BILL
To be entitled an Act to create the Chatham County Law Enforcement and Jails Study Commission; to provide for the powers and duties of the commission; to provide for the appointment of members to the commission; to provide for meetings; to provide for officers; to provide that the governing authority of Chatham County, sheriff, and police department of Chatham County shall cooperate with and provide certain assistance for the commission; to authorize the expenditure of funds; to provide for reports; to provide for other matters relative to the foregoing; to provide for the repeal of this Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. The General Assembly finds that the sheriff of Chatham County and the Chatham County Police Department perform many vital functions for the citizens of Chat ham County, and the composition, organization, and working relationships of these two agencies and the operation of jails within Chatham County are of great importance to those citizens. Because law enforcement is of vital concern to the citizens of Chatham County, the General Assembly further finds that the delivery of law enforcement services by Chatham County should be reviewed in order to determine what actions, if any, are needed to achieve the most effective and efficient delivery of those services.
Section 2. There is created the Chatham County Law Enforcement and Jails Study Commission to be composed of 14 members as follows:
(1) Seven members appointed by the members of the Georgia Senate whose districts lie wholly or partially within Chatham County; and
(2) Seven members appointed by the members of the Georgia House of Representatives whose districts lie wholly or partially within Chatham County.
Section 3. The members of the commission shall hold an organizational meeting at a time and place to be designated by a resolution adopted by a majority vote of the members of the General Assembly whose representative or senatorial districts lie wholly or partially within Chatham County. At the organizational meeting, the members of the commission shall elect a chairman from its own membership and such other officers as the commission finds necessary or appropriate. Following the organizational meeting, the commission shall meet at the call of the chairman. The commission shall adopt rules of procedure. Members

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1669

of the commission shall receive no compensation or reimbursement of any kind for perform ing any duty or function as members of the commission.
Section 4. The governing authority of Chatham County, the sheriff of Chatham County, and the Chatham County Police Department shall:
(1) Cooperate with the commission by furnishing, without charge, reasonable secretarial and logistical assistance; and
(2) Make available to the commission such records, reports, interviews, and other data as may be required by the commission to carry out its duties and complete its assigned tasks.
Section 5. The commission shall study the working relationship between the office of the sheriff of Chatham County and the Chatham County Police Department and shall con sider the feasibility of the merger or other reorganization of the two agencies in order to achieve maximum efficiency and effectiveness in the delivery of law enforcement services by Chatham County and in the operation of county jails. The commission shall be authorized to study any other matters relevant to the effective and efficient delivery of law enforcement services and the operation of jails by agencies of Chatham County. In order to assist the commission in its duties, the governing authority of Chatham County is authorized to ap propriate and expend, if necessary, up to $25,000.00 for the purpose of securing professional services for use by the commission. In addition to or as an alternative to such county fund ing, the commission shall be authorized to accept funding or professional assistance from state sources or from any other sources which may be available to the commission. The commission shall make a final report of its findings and recommendations and shall submit such report to the Chatham County delegation to the General Assembly of Georgia by De cember 31, 1987.
Section 6. This Act is repealed in its entirety effective December 31, 1987.
Section 7. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 52, 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, except HB 1099, HB 1124 and HB 1125, 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 Crumbley Dawkins Deal Dean Echols

Edge English 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

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JOURNAL OF THE SENATE

Tolleson Turner

Tysinger

Walker

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

Engram

On the passage of all the local bills, except HB 1099, HB 1124 and HB 1125, the yeas were 52, nays 0.

All the bills on the Senate Local Consent Calendar, except HB 925, HB 1016, HB 1033, HB 1070, HB 1099, HB 1124, HB 1125 and HB 1126, having received the requisite constitu tional majority, were passed.

HB 1099, HB 1124 and HB 1125 were postponed until March 10.

HB 925, HB 1016, HB 1070 and HB 1126, having received the requisite constitutional majority, were passed as amended.

HB 1033, having received the requisite constitutional majority, was passed by substitute.

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

Mr. President:

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

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.

SENATE RULES CALENDAR
Monday, March 9, 1987
THIRTY-EIGHTH LEGISLATIVE DAY
HB 882 Public Assistance Benefits--provisions on disregarded income in calculating (C&Y--15th)
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.
SR 125 Employment of Qualified Severely Disabled--urge task force promoting (HUM R--42nd)
SR 151 Youth Art Month--encourage observance March, 1987 (RULES--37th)
SR 170 Senate Juvenile Justice System Study Committee--create (AMENDMENT) (RULES--48th)
SR 174 Rural Economic Development Study Committee--create (AMENDMENT) (RULES--25th)

MONDAY, MARCH 9, 1987

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SR 175 Senate Study Committee on State Health Insurance Plan--create (AMEND MENT) (RULES--25th)
SR 176 Senate Nursing Home Industry Study Committee--create (AMENDMENT) (RULES--25th)
SR 177 Herman Eugene Talmadge Monument Commission--create (SUBSTITUTE) (RULES--17th)
SR 184 Special Study Committee on Problems of Homeless in Georgia--create (RULES--33rd)
SR 185 Police Chiefs, Sheriffs Who Have Appointed Juvenile Law Enforcement Of ficers--commend (C&Y--15th)
SR 186 Senate Children's ' Code Study Committee--create (AMENDMENT) (RULES--15th)
SR 196 Senate Workers' Compensation Rehabilitation Study Committee--create (AMENDMENT) (RULES--45th)
HR 10 Joint Study Committee on Community Services for Mentally Disabled--create (AMENDMENT) (RULES--25th)
HR 59 Hazardous Materials Emergency Response Advisory Council--re-create (RULES--44th)
HR 109 DeKalb County Government Study Commission--create (AMENDMENT) (RULES--25th)
HR 125 Baldwin County--lease of certain property (SUBSTITUTE) (PUB U--25th)
HR 189 Joint Study Committee on Conversion of Waste to Energy--create (AMEND MENT) (RULES--30th)
HR 194 Georgia Law of Evidence--relative to study of by State Bar (JUDY--52nd)
HR 249 Honorable Randall Evans, Jr.--place portrait in State Capitol (RULES--31st)
HR 250 Forestry Commission--transfer ownership of structure to Calhoun County Board of Commissioners (SUBSTITUTE) (PUB U--llth)
HR 252 Habersham County--conveyance of certain state property (SUBSTITUTE) (PUB U--50th)
HR 275 Brantley County--conveyance of certain state owned property (SUBSTITUTE) (PUB U--6th)
HR 280 Perry--conveyance of certain state owned property to (PUB U--18th)
HR 298 Joel E. Scott Building at War Veterans Nursing Home--provide (D&VA--3rd)
HR 310 Cobb County Court Consolidation Plan Study Committee--create (AMEND MENT) (RULES--37th)
HR 349 Georgia Recipients of Medal of Honor--commend (RULES--31st)
HB 267 Postsecondary Vocational-Technical Schools--provide boards of directors (ED--33rd)
HB 654 Candidate--pauper's affidavit only if qualifying petition filed (GOV OP--1st)
HB 460 Certain Gas Stations--dispense for handicapped at self-service price (AMEND MENT) (C AFF--39th)
HB 607 Building Authority in Counties Over 550,000--amount of bonds which may be issued (U&CA G--35th)
HB 557 Workers' Compensation--trade association covered under group self-insurance fund (I&L--28th)
HB 815 Postsecondary Educational Authorization Act--exemption provisions for liberal arts colleges, universities (H ED--54th)
HB 258 Speech Pathologists--revise laws relating to (HUM R--42nd)

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HB 797 Physically Handicapped--change standard for government and public buildings (HUM R--23rd)
HB 563 Hotel-Motel Tax--conditions for increase (SUBSTITUTE) (B&F--45th)
HB 294 State Patrol--make unmarked vehicles available to Public Safety for training (SUBSTITUTE) (PUB SAF--27th)
HB 742 Day-Care Center Records Checks--change certain definitions (C&Y--35th)
HB 107 Medical Treatment--consent to drawing, testing fluid sample and consequences (SUBSTITUTE) (HUM R--25th)
HB 812 Alcoholic Beverage Sale on Sunday--authorize certain counties (C AFF--9th)
HB 455 Airport Property--political subdivision lease for travel related development (SUBSTITUTE) (U&CA G--36th)
HB 422 Insurance Policy, Booklet--change provisions on language simplification (INS--55th)
HB 625 Child Support--Department of Human Resources request information from em ployers on persons owing (C&Y--35th)
HB 463 Asbestos Safety Act--exempt certain persons from license requirements (I&L--41st)
HB 954 Publicly Owned Corporation--effectuate insurance upon certain employees (INS--17th)
HB 462 Blood Donors--medical facility allow furnishing of own blood (SUBSTITUTE) (HUM R--26th)
HB 582 Direct Response Insurance Business--define (INS--29th)
HB 193 Employees Health Insurance--exclude certain Jekyll Island-State Park Author ity employees (INS--14th)
HB 170 Vehicles and Loads--change certain length limitations (SUBSTITUTE) (TRANS--1st)
HB 657 Nonjury Trials in Civil Actions--judgments, findings of fact (JUDY--49th)
SR 199 Human Resources Board--urge filling one position with physically disabled (RULES--42nd)
HB 618 Notary--signature not evidence that content known (S JUDY--48th) HB 661 Certain Boards and Commissions--expense allowance (SUBSTITUTES) (GOV
OP--30th)
HB 303 Agrirama Development Authority--reimbursement for travel, other expenses (SUBSTITUTE) (AG--24th)
HB 263 Franchisor Transfer of Dealership--through sale, gift, will (I&L--18th)
Respectfully submitted,
/s/ Nathan Dean Dean of the 31st, Chairman Senate Rules Committee
Senator Hudgins of the 15th moved that the Senate disagree with the committee report which was adverse to the passage of the following bill of the House:
HB 882. By Representatives Crosby of the 150th and Murphy of the 18th:
A bill to amend Code Section 49-4-6 of the Official Code of Georgia Annotated, relating to reserves, income, and resources to be disregarded in calculating public assistance benefits, so as to change provisions relating to disregarded income.

MONDAY, MARCH 9, 1987

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The President put the motion, "Shall the committee report which was adverse to the passage of HB 882 be agreed to?"

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

Those voting in the affirmative were Senators:

Brannon Burton Coverdell Crumbley Dawkins Deal Engram

Foster Hine Howard Langford Newbill Peevy

Scott of 36th Shumake Tate Tolleson Tysinger Walker

Those voting in the negative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Broun of 46th Bryant Coleman Dean Echols Edge

English Fincher Garner Gillis Harris Harrison Hudgins Huggins Kennedy Kidd Land McGill

McKenzie Olmstead Perry Phillips Ragan Ray Scott of 2nd Starr Stumbaugh Timmons Turner

Not voting was Senator Brown of the 47th (excused).

On the motion, the yeas were 19, nays 35; the motion was lost, and the committee report which was adverse to the passage of HB 882 was disagreed to and HB 882 was read the second time.

The following resolution of the Senate was read and adopted:

SR 212. By Senator Barker of the 18th: A resolution commending retired Brig. General Robert Lee Scott, Jr.

Senator Barker of the 18th introduced General Robert Lee Scott, Jr. who briefly ad dressed the Senate.

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

SR 151. By Senator Harrison of the 37th: A resolution encouraging the observance of March, 1987, as "Youth Art 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:

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JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen
^Brraonunnoo"f 4_6t.h
Coleman Coverdell Crumbley Deal Dean Echols Edge

English Engram Fincher Foster Garner
GHialrlrisig
Harrison Hine Howard Hudgins Huggins Kennedy Kidd Land

Langford McGill McKenzie Newbill Peevy
Ppher;lrlyips
Scott of 36th Shumake Starr Stumbaugh Tate Timmons Turner Walker

Those not voting were Senators:

Barker Brown of 47th (excused) Dawkins

Olmstead Ragan Ray

Scott of 2nd Tolleson Tysinger

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

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

SR 174. By Senator Kidd of the 25th: A resolution creating the Rural Economic Development Study Committee.

The Senate Rules Committee offered the following amendment: Amend SR 174 by striking from line 2 of page 3 the following: "December 1,", and inserting in lieu thereof the following: "December 15,".

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

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

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

Those voting in the affirmative were Senators:

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

Burton Coleman Coverdell Crumbley Dawkins Dean Echols Edge Fincher

Foster Garner Gillis Harris Harrison Hine Howard Hudgins Huggins

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1675

Kennedy Kidd Land LMacnGgiflol rd
Newbill
Olmstead

Peevy Perry Phillips RScaogtatnof 36th
Shumake
Starr

Stumbaugh Tate Timmons
lolleson Turner Walker

Those not voting were Senators:

Brown of 47th (excused) Deal English

Engram McKenzie Ray

Scott of 2nd Tysinger

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

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

SR 175. By Senator Kidd of the 25th:
A resolution creating the Senate Study Committee on the State Health Insurance Plan.

The Senate Rules Committee offered the following amendment: Amend SR 175 by striking from line 17 of page 2 the following: "December 31", and inserting in lieu thereof the following: "December 15".

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 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 Barker Barnes Bowen Brannon BBrB,,, ruroyruta. onnnt of 46th CCoovleemrdaenll
Crumbley Dawkins Deal Dean Edge

Engram Fincher Foster Garner Gillis Harris HHtH,,Touarwdjrgiasirnod,sn HKuengngiendsy
Kidd Land Langford McGill McKenzie

Newbill Olmstead Peevy Perry Phillips Ragan ocS,_.,h,cuo*mt*t aok,efe3oc6tthu ^Stuarmr b, augh
Tate Timmons Tolleson Turner Walker

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JOURNAL OF THE SENATE

Those not voting were Senators:

Baldwin Brown of 47th (excused) Echols

English Hine Ray

Scott of 2nd Tysinger

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

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

SR 176. By Senator Kidd of the 25th: A resolution creating the Senate Nursing Home Industry Study Committee.

The Senate Committee on Rules offered the following amendment: Amend SR 176 by striking from line 1 of page 3 the following: "December 31,", and inserting in lieu thereof the following: "December 15,".

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 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:

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

Edge Engram Fincher Foster Gillis Harris Harrison Hine Howard Hudgins Kennedy Kidd Langford McGill McKenzie

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

Those not voting were Senators:

Albert Barker Brown of 47th (excused) English

Garner Huggins Land

Ray Scott of 2nd Tolleson

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

MONDAY, MARCH 9, 1987

1677

The resolution, having received the requisite constitutional majority, was adopted as amended.
SR 177. By Senators Crumbley of the 17th, Gillis of the 20th, Kennedy of the 4th and others:
A resolution honoring the life of Honorable Herman Eugene Talmadge and creat ing the Herman Eugene Talmadge Monument Commission.
The Senate Committee on Rules offered the following substitute to SR 177:
A RESOLUTION
Honoring the life of Honorable Herman Eugene Talmadge and creating the Senate Tal madge Monument Study Committee; and for other purposes.
WHEREAS, Honorable Herman Eugene Talmadge, former United States Senator and Governor of the State of Georgia, became one of Georgia's most influential leaders; and
WHEREAS, born in Telfair County in 1913, Herman Talmadge graduated from the University of Georgia School of Law and achieved an outstanding scholastic record through out his education; and
WHEREAS, he courageously served our state and country during World War II and was honorably discharged from the Navy as a Lieutenant Commander; and
WHEREAS, he gained great political experience from managing his father's campaigns for Governor, later serving as Governor for six years and 67 days during which Georgia enjoyed unprecedented progress and vast improvements in education, transportation, for estry, health care, and social benefits; and
WHEREAS, his 24 years as a United States Senator, serving during the terms of six presidents, earned him great respect from his colleagues in the Congress of the United States and, as Chairman of the Agriculture and Forestry Committee and Vice Chairman of the Finance Committee of the Senate, his positive impact on the economy and trade policies of the United States benefited all Americans; and
WHEREAS, the results of his dedicated public service is still felt throughout the United States and the State of Georgia; and
WHEREAS, it is fitting and proper that a monument be placed on the grounds of the capitol as a lasting testimony to his contributions to Georgia and the United States.
NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that the members of this body honor by this resolution a great statesman, Honorable Herman Eugene Talmadge, for his dedicated service to our country and state.
BE IT FURTHER RESOLVED that there is created the Senate Talmadge Monument Study Committee to be composed of five members of the Senate to be appointed by the President of the Senate. The President of the Senate shall designate a member of the com mittee as chairman of the committee. The chairman shall call all meetings of the committee.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the con ditions, needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation which the committee deems necessary or appropriate. The committee specifically shall study the costs, sources of funding, available outside assistance, and site selection for a monument on the grounds of the state capitol of Honorable Herman Eugene Talmadge. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The mem bers of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than five days unless additional days are authorized. If a similar study committee is formed by the House of

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JOURNAL OF THE SENATE

Representatives for the 1987 interim, the committee is authoried to meet and work jointly with such House study committee. The funds necessary to carry out the provisions of this resolution shall come from the funds of the legislative branch of government. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 1, 1987, on which date the committee shall stand abolished.

On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Brannon BBrroyuannt of 46th
Crumbley Dawkins Deal
Dean
Echols

Edge Fincher Foster Garner Gillis Harris HHiundegins
Huggins Kennedy Kidd
Langford
McGill

Olmstead Peevy Perry Phillips R R Sco\ttt o,f 3o6ctth,
Shumake Starr Timmons
Turner
Walker

Those voting in the negative were Senators:

Coverdell

Harrison

Tysinger

Those not voting were Senators:

Bowen Brown of 47th (excused) Burton Coleman English

Engram Howard Land MMccKK<enzie Newbill

Scott of 2nd Stumbaugh
Tate Tolleson

On the adoption of the resolution, the yeas were 38, nays 3.

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

SR 184. By Senators Barnes of the 33rd, McKenzie of the 14th and Ray of the 19th:
A resolution creating the Special Study Committee on the Problems of the Homeless in Georgia.

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

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

MONDAY, MARCH 9, 1987

1679

Those voting in the affirmative were Senators:

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

Fincher Foster Gillis Harris Harrison Hine Howard Hudgins Huggins Kennedy Kidd Langford McKenzie Newbill

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

Those not voting were Senators:

Allgood Bowen Brown of 47th (excused) Coleman

English Engram Garner Land

McGill Peevy Scott of 2nd Starr

On the adoption of the resolution, the yeas were 43, nays 0.

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

SR 185. By Senators Hudgins of the 15th, Barker of the 18th, Albert of the 23rd and Scott of the 2nd:
A resolution commending the police chiefs, sheriffs, and other heads of law en forcement agencies of Georgia who have appointed juvenile law enforcement officers.

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

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

Those voting in the affirmative were Senators:

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

Edge Engram Foster Garner Gillis Harris Harrison Hine Howard Hudgins Kennedy Kidd Land Langford

McGill McKenzie Newbill Olmstead Peevy Perry Phillips Ragan Ray Scott of 36th Shumake Starr Stumbaugh Tate

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JOURNAL OF THE SENATE

Timmons Tolleson

Turner Tysinger

Walker

Those not voting were Senators:

Allgood Barker Brown of 47th (excused)

Coleman English Fincher

Huggins Scott of 2nd

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

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

SR 186. By Senators Hudgins of the 15th, Barker of the 18th, Newbill of the 56th and others:
A resolution creating the Senate Children's Code Study Committee.

The Senate Committee on Rules offered the following amendment:

Amend SR 186 by striking from line 9 of page 3 the following: "December 1, 1987", and inserting in lieu thereof the following: "December 15, 1987".

On the adoption of the amendment, the yeas were 34, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the 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 Baldwin Barker Barnes Brannon Broun of 46th Bryant Coverdell Crumbley Dawkins Deal Dean Echols Edge Engram Fincher

Foster Garner Gillis Harris Harrison Howard Hudgins Kennedy Kidd Land Langford McGill McKenzie Newbill Olmstead

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

MONDAY, MARCH 9, 1987

1681

Those not voting were Senators:

Allgood Bowen Brown of 47th (excused)

Burton Coleman English

Mine Huggins Scott of 2nd

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

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

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

SR 196. By Senator Dawkins of the 45th:
A resolution creating the Senate Workers' Compensation Rehabilitation Study Committee.

The Senate Committee on Rules offered the following amendment:

Amend SR 196 by striking from line 16 of page 2 the following: "December 1", and inserting in lieu thereof 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 Barker Barnes Bowen Brannon BBrroyuanntof 46th
Burton Coverdell
Crumbley Dawkins Deal Dean Echols

Edge English Fincher Foster Garner Gillis Harris HHainrerison
Howard Huggins
Kidd Land Langford McGill McKenzie

Newbill Olmstead Peevy Perry Phillips R D ,,Scott of,. ,,3,,6th,
tarr u , Stumbaugh
Tate Tolleson Turner Tysinger Walker

Those not voting were Senators:

Brown of 47th (excused) Coleman Engram

Hudgins Kennedy (presiding) Scott of 2nd

Shumake Timmons

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

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JOURNAL OF THE SENATE

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

HR 10. By Representative Richardson of the 52nd: A resolution creating the Joint Study Committee on Community Services for the Mentally Disabled.
Senate Sponsor: Senator Kidd of the 25th.

The Senate Committee on Rules offered the following amendment:

Amend HR 10 by striking from line 13 of page 2 the following: "the chairperson", and inserting in lieu thereof the following: "a cochairperson". By striking from line 16 of page 2 the following: "the vice chairperson", and inserting in lieu thereof the following: "a cochairperson".

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

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen
n rann0"f , CA Broun of 46th C*Boruylre*tomnnian Coverdell Crumbley Dawkins Deal Dean Echols

Edge Engram Fincher Foster Garner Gillis
Harris Harrigon Hine Howard Huggins Kidd Land Langford McGill McKenzie

Newbill Olmstead Peevy Perry Phillips Ragan
Ray gcott Qf mh Shumake ^tarr Stumbaugh Tate Tolleson Turner Tysinger Walker

Those not voting were Senators:

Brown of 47th (excused) Hudgins

English

Kennedy (presiding)

Scott of 2nd Timmons

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

MONDAY, MARCH 9, 1987

1683

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

HR 59. By Representative Ramsey of the 3rd: A resolution re-creating the Hazardous Materials Emergency Response Advisory Council.
Senate Sponsor: Senator Starr of the 44th.

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 Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols

Edge English Engram Fincher Foster Garner Gillis Hine Hudgins Huggins Kidd Land Langford McGill McKenzie Newbill

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

Those not voting were Senators:

Albert Brown of 47th (excused) Harris

Harrison Howard Kennedy (presiding)

Scott of 2nd Tolleson

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

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

HR 109. By Representatives Redding of the 50th, Robinson of the 58th, Richardson of the 52nd and others: A resolution creating the DeKalb County Government Study Commission.
Senate Sponsor: Senator Kidd of the 25th.

The Senate Committee on Rules offered the following amendment:

Amend HR 109 by striking from line 18 of page 3 the following: "December 31", and inserting in lieu thereof the following: "December 15".

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JOURNAL OF THE SENATE

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 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 Barker Barnes Bowen Brannon Broun of 46th Burton CCoruvmerbdleelyl
Dawkins Deal Dean Echols Edge English

Engram Fincher Foster Garner Gillis Harris Harrison Hme HHouwdgairnds
Huggins Kidd Land McGill McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan pj g of 36th Q ^Stumb, augh,
e Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Baldwin Brown of 47th (excused) Bryant

Coleman Kennedy (presiding) Langford

Scott of 2nd Shumake

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

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

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.
Senate Sponsor: Senator Kidd of the 25th.

The Senate Committee on Public Utilities offered the following substitute to HR 125:
A RESOLUTION
Authorizing the conveyance of certain real property located in Baldwin County, Geor gia; to repeal a specific resolution; to provide a termination date under certain conditions; to provide an effective date; and for other purposes.
WHEREAS, the State of Georgia is the owner of certain real property located in Bald win County, Georgia; and
WHEREAS, said real property is all that tract or parcel of land lying and being in the County of Baldwin, State of Georgia, and more particularly described as follows:
All that tract or parcel of land containing .4352 acres situate, lying and being in the

MONDAY, MARCH 9, 1987

1685

320th G.M. District, City of Milledgeville, Baldwin County, Georgia, and being more partic ularly described as follows:
TO FIND THE POINT OF BEGINNING, begin at the intersection formed by the East right-of-way of South Wayne Street and the South right-of-way of East Greene Street and run North 77 degrees 27' East a distance of 191.1 feet to an iron pin, which is the POINT OF BEGINNING: From the point of beginning thus established, running thence South 13 degrees 15' East a distance of 162.6 feet to an iron pin; running thence South 77 degrees 27' West a distance of 191.1 feet to an iron pin on the East right-of-way of South Wayne Street; running thence South 13 degrees 15' East along the East right-of-way of South Wayne Street a distance of 75.7 feet to an iron pin; running thence North 77 degrees 27' East a distance of 210 feet to an iron pin; running thence North 13 degrees 15' West a distance of 238.3 feet to an iron pin on the South right-of-way of East Greene Street; running thence South 77 degrees 27' West along the South right-of-way of East Greene Street a distance of 18.9 feet to an iron pin, which is the Point of Beginning. Said property is shown on a Plat prepared for the First Presbyterian Church by Walker McKnight (Registered Land Sur veyor No. 864) dated December 1970; and
WHEREAS, the above-described real property is no longer needed by the State of Georgia and is therefore surplus; and
WHEREAS, the First Presbyterian Church of Milledgeville is desirous of purchasing said tract of land.
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 real property described herein and that, in all matters relating to the property, the State of Georgia is acting by and through its State Properties Commission.
Section 2. That the State of Georgia, acting by and through the State Properties Com mission, is authorized to convey the hereinabove described tract of land to the First Presby terian Church of Milledgeville by sale for a consideration of $3,000.00 and upon such other terms and conditions as shall be prescribed by the State Properties Commission. A failure by the First Presbyterian Church of Milledgeville to utilize such above-described property for church purposes or a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, its successors and assigns, of all rights, titles, privileges, powers, and ownership granted herein.
Section 3. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
Section 4. That, for the purpose 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 by the state be filed with the Secretary of State and accompanied by a plat of the property conveyed, the plat of survey and drawings on file in the office of the State Proper ties Commission shall constitute an acceptable plat for filing with the Secretary of State.
Section 5. That a resolution authorizing the lease of certain real property located in Baldwin County, approved March 28, 1974 (Ga. L. 1974, p. 1228, Res. Act No. 114), is re pealed in its entirety.
Section 6. That, if the sale and conveyance of property authorized by this resolution has not been executed prior to March 1, 1988, this resolution shall stand repealed in its entirety on March 1, 1988, and all provisions of this resolution shall be deemed to be void and of no effect.
Section 7. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 8. That all laws and parts of laws in conflict with this resolution are repealed.

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JOURNAL OF THE SENATE

On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bowen
AC ,

English Engram Fincher Foster Garner
Gillis

Brant
Coverdell Crumbley Deal Dean Echols Edge

HHaarrrriisson Hine
Howard Huggins Kidd Land Langford McGill

McKenzie Newbill Olmstead Peevy Perry
Phillips
RRaagya" Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Turner

Voting in the negative was Senator Tysinger.

Those not voting were Senators:

Allgood Brown of 47th (excused) Dawkins

Hudgins Kennedy (presiding) Scott of 2nd

Shumake Walker

On the adoption of the resolution, the yeas were 46, nays 1.

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

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

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 House substitute to SB 198 was as follows:

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-

MONDAY, MARCH 9, 1987

1687

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 commissions of chief magistrates, magistrates, constables, and clerks of the magistrate courts; to provide that commissions of certain 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) The clerk of superior court shall make an entry of the oath of each officer on the minutes of the superior court.
(2) In the case of constables, clerks, and magistrates other than the chief magistrates of the magistrate courts, 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.
(3) Chief magistrates shall be issued a commission under the seal of the office of the Governor as provided in Code Section 45-3-31. In the case of an appointed chief magistrate, the appointing authority shall issue to the chief magistrate taking the oath a certificate of appointment. A copy of such certificate shall be forwarded to the office of the Secretary of State."
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, clerks, and mag istrates other than the chief magistrates of magistrate courts, of the state or county shall be under the seal of the office of the Governor, 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.
Senator Deal of the 49th moved that the Senate disagree to the House substitute to SB 198.
On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SB 198.
The following general resolutions of the House, favorably reported by the committees, were read the third time and put upon their adoption:
HR 189. By Representative Dobbs of the 74th:
A resolution creating the Joint Study Committee on the Conversion of Waste to Energy.
Senate Sponsor: Senator Garner of the 30th.
The Senate Committee on Rules offered the following amendment:
Amend HR 189 by striking from line 25 of page 2 the following:
"December 1,",

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JOURNAL OF THE SENATE

and inserting in its place the following: "December 15,".

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 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 Brannon Broun of 46th Bryant Burton Coverdell Crumbley Deal Dean Edge Engram

Fincher Foster Garner Gillis Harris Harrison Hine Hudgins Huggins Kidd Land Langford McGill McKenzie

Newbill Olmstead Peevy Perry Phillips Ragan Ray Scott of 36th Stumbaugh Tate Timmons Tolleson Turner Tysinger

Those not voting were Senators:

Barker

Echols

oBrown o,f 4,,7tthu ,(excused^) Coleman Dawkins

Howard Kennedy (presiding)

Scott of 2nd
Shumake _ Starr Walker

On the adoption of the resolution, the yeas were 42, nays 0.

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

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.
Senate Sponsor: Senator Hine of the 52nd.

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

MONDAY, MARCH 9, 1987

1689

Brannon Broun of 46th Bryant Burton Coverdell Crumbley DDeeaaln
Echols Edge Engram
Fincher Foster Garner

Gillis Harris Harrison Hine Howard Hudgms HKuidgdgins
Land Langford McGill
Newbill Olmstead Peevy

Perry Phillips Ragan Rav Scott of 36th Shumake 0St. umb, augh,
late Timmons Tolleson
Turner Tysinger Walker

Those not voting were Senators:

Brown of 47th (excused) Coleman Dawkins

English Kennedy (presiding) McKenzie

Scott of 2nd Starr

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

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

HR 249. By Representatives Murphy of the 18th, Harris of the 84th, Groover of the 99th and others:
A resolution authorizing the placing of a portrait of Honorable Randall Evans, Jr., in the State Capitol Building.
Senate Sponsor: Senator 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 Broun of 46th Bryant Burton Coverdell Crumbley Dawkins Dean Echols Edge

English Engram Fincher Foster Gillis Harris Harrison Hine Howard Hudgins Huggins Kidd Land Langford McGill McKenzie

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

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JOURNAL OF THE SENATE

Those not voting were Senators:

Brown of 47th (excused) Coleman Deal

Garner Kennedy (presiding)

Scott of 2nd Starr

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

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

HR 250. By Representative Manner of the 131st:
A resolution transferring the ownership of a certain structure owned by the Geor gia Forestry Commission to the Calhoun County Board of Commissioners.
Senate Sponsor: Senator Timmons of the llth.

The Senate Committee on Public Utilities offered the following substitute to HR 250:
A RESOLUTION
Transferring the ownership of a certain structure owned by the Georgia Forestry Com mission to the Calhoun County Board of Commissioners; to transfer the ownership of cer tain structures owned by the Georgia Forestry Commission to the Franklin County Board of Commissioners; to provide an effective date; to repeal conflicting laws; and for other purposes.
WHEREAS, a certain structure owned by the Georgia Forestry Commission in Calhoun County containing approximately 576 square feet has been declared surplus property by the Georgia Forestry Commission as a result of a new building for use as the headquarters office for the Calhoun County Forestry unit at Edison, Georgia, being constructed; and
WHEREAS, certain structures owned by the Georgia Forestry Commission in Franklin County containing approximately 1,440 square feet have been declared surplus property by the Georgia Forestry Commission as a result of a new office/equipment shelter being con structed for use as the headquarters office for the Franklin County Forestry Unit at Canon, Georgia; and
WHEREAS, the Board of Commissioners of Calhoun County is desirous of obtaining the old structure in Calhoun County for county use; and
WHEREAS, the Board of Commissioners of Franklin County is desirous of obtaining the old structures in Franklin County for county use.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL AS SEMBLY OF GEORGIA:
Section 1. (a) That the ownership of the above-described surplus personal property in Calhoun County will be transferred from the Georgia Forestry Commission to the Board of Commissioners of Calhoun County.
(b) That the transfer of ownership of the above-described surplus personal property is conditioned upon the Board of Commissioners of Calhoun County absorbing the full cost of removing the structure from the Georgia Forestry Commission's property and locating the structure at the new site; provided, however, that the ownership of the structure shall revert automatically to the Georgia Forestry Commission if this personal property is not moved by January 1, 1988.
(c) That the purchase price will be $10.00 and other valuable considerations.
Section 2. (a) That the ownership of the above-described surplus personal property in Franklin County will be transferred from the Georgia Forestry Commission to the Board of Commissioners of Franklin County.
(b) That the transfer of ownership of the above-described surplus personal property is conditioned upon the Board of Commissioners of Franklin County absorbing the full cost of

MONDAY, MARCH 9, 1987

1691

removing the structures from the Georgia Forestry Commission's property and locating the structures at the new site; provided, however, that the ownership of the structures shall revert automatically to the Georgia Forestry Commission if this personal property is not moved 60 days after approval of this resolution by the Governor or upon its becoming law without such approval.

(c) That the purchase price will be $10.00 and other valuable considerations.
Section 3. That this resolution shall become effective'as law upon its approval by the Governor or upon its becoming law without such approval and in accordance with the provi sions hereof.
Section 4. That all laws and parts of laws in conflict with this resolution 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 adoption of the resolution by substitute, was agreed to.

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barries Bowen Brannon rBB, rroyuanntofr 4i/6.itUh Burton
Coverdell Crumbley Dean Echols Edge

Engram Fincher Foster Garner Gillis Harris Harrison HTHIuowdgairndjs Huggins
Kidd Land Langford McGill McKenzie

Newbill Olmstead Peevy Perry Phillips p a tt e qet u OS,,,ChuOmtt aOk.I e3bth Stumbaugh
Tate Timmons Tolleson Turner Tysinger

Those not voting were Senators:

Brown of 47th (excused) Coleman Dawkins Deal

English Hine Kennedy (presiding) Ragan

Scott of 2nd Starr Walker

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

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

HR 252. By Representatives Dover of the llth and Jamieson of the llth:
A resolution authorizing the conveyance of certain state owned property located in Habersham County, Georgia, to the Habersham County Board of Commissioners.
Senate Sponsor: Senator Foster of the 50th.

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JOURNAL OF THE SENATE

The Senate Committee on Public Utilities offered the following substitute to HR 252:
A RESOLUTION
Authorizing the conveyance of certain state owned property located in Habersham County, Georgia, to Piedmont Automotive Products, Inc.; to authorize the sale of certain state owned property which is the subject of a lease with the Southern Railway Company to the Tennessee Valley Railroad Museum under certain conditions; to provide an effective date; to repeal conflicting laws; and for other purposes.
WHEREAS:
(1) The State of Georgia is the owner of certain real property located in Habersham County, Georgia;
(2) Said real property is described as:
All that tract or parcel of land lying and being in Land Lot No. 22 in the 12th Land District of Habersham County, Georgia, and being more fully described as follows:
Beginning at an iron pin corner on the north side of the right-of-way of State Highway No. 115, the same being a corner common with the lands of Ray Palmer and the lands herein conveyed, and running thence with the land line of Ray Palmer 285 feet to an iron pin corner; thence an eastern direction 75 feet to an iron pin corner; thence a southern direction, a line parallel with Ray Palmer land line, 285 feet to an iron pin corner on the right-of-way of State Highway No. 115; thence a western direction, with said right-of-way, 75 feet to beginning corner.
The above and foregoing described property is a part of the same property described in a warranty deed from Ray D. Palmer to Thomas J. Palmer, dated January 26, 1946, and found of record in Deed Book A-47, page 196, Clerk's Office, Habersham County, Georgia;
(3) This property was conveyed to the State of Georgia by Thomas J. Palmer on June 11, 1953, for a consideration of $150.00;
(4) The Georgia Forestry Commission planned to replace the office building and truck shed now located on the above-described site, containing approximately .49 acre; and
(5) The Georgia Forestry Commission and Piedmont Automotive Products, through ne gotiations, have agreed upon terms for the exchange of the Forestry Commission's present site on approximately .49 acre and improvements for a .86 acre site and certain materials and supplies to enable the Georgia Forestry Commission to construct new facilities; and
WHEREAS:
(1) The State of Georgia is the owner of certain real property located in the City of Chattanooga, Hamilton County, Tennessee;
(2) Said real property is described as follows:
All or part of that certain tract or parcel of land, lying and being in the City of Chatta nooga, Tennessee, in the First Civil District, Hamilton County, Tennessee, described as all or part of the Western and Atlantic Railroad right-of-way between King Street and Central Avenue (approximately 66'x4,055') shown on Western and Atlantic Railroad Valuation Map No. V4/S-1-A which is filed in the Georgia Department of Archives and History, Archives, and Records Building, Atlanta, Fulton County, Georgia (said property is more particularly described in a DRAWING DATED April 17, 1985, and attached to the lease dated May 13, 1985, to Southern Railway Company on file in the office of the State Properties Commission);
(3) The State of Georgia currently has the above-described property leased to the Southern Railway Company for $10.00 per year as authorized by Resolution Act No. 29, H.R. Ill, approved March 28, 1985 (Ga. L. 1985, p. 577);
(4) The lease dated May 13, 1985, was approved by the State Properties Commission at its regular meeting on May 7, 1985;

MONDAY, MARCH 9, 1987

1693

(5) The Tennessee Valley Railroad Museum desires to use the above-described tract to reach the freight depot property northwest of King Street; and
(6) If the State of Georgia sold such property to the Tennessee Valley Railroad Mu seum, the state would relieve itself of rail properties in the State of Tennessee with the exception of the Western and Atlantic rail property leased to the Seaboard System Railroad.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL AS SEMBLY OF GEORGIA:
Article 1.
Section 1. (a) That the State of Georgia is the owner of the above-described property located in Habersham County, Georgia, and that, in all matters relating to the conveyance of the property, the State of Georgia is acting by and through the State Properties Commission.
(b) That the above-described real property located in Habersham County, Georgia, shall be conveyed by appropriate instrument to Piedmont Automotive Products, Inc. by the State of Georgia, acting by and through the State Properties Commission, for a considera tion of certain materials and supplies to enable the Georgia Forestry Commission to con struct new facilities and a deed from Piedmont Automotive Products, Inc. to the State of Georgia on the .86 acre site, and upon such other terms and conditions as the State Proper ties Commission shall determine to be in the best interest of the State of Georgia.
Article 2.
Section 2. (a) That the State of Georgia is the owner of the above-described real prop erty located in the City of Chattanooga, Hamilton County, Tennessee, and that in all mat ters relating to the sale of such real property which is the subject of the lease the State of Georgia is acting by and through its State Properties Commission.
(b) That the State Properties Commission is authorized to sell the above-described property located in the City of Chattanooga, Hamilton County, Tennessee, subject to the lease agreement with the Southern Railway Company, to the Tennessee Valley Railroad Museum for a consideration equal to the fair market value of such property as determined by the State Properties Commission and upon such other terms and conditions as shall be prescribed by the State Properties Commission.
(c) That, if the sale and conveyance of property authorized by this article has not been executed prior to January 1, 1989, this article shall stand repealed in its entirety on January 1, 1989, and all provisions of this article shall be deemed to be void and of no effect.
Article 3.
Section 3. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. That all laws and parts of laws in conflict with this resolution 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 adoption of the resolution by substitute, was agreed to.

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

Those voting in the affirmative were Senators:

Albert AUgood Baldwin B ar k er Barnes

Bowen Brannon Broun of 46th Bryant

Burton Coverdell Crumbley Dean

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JOURNAL OF THE SENATE

Echols Edge Engram Fincher Foster Gillis Harrison
Hine
Howard
Kidd

Land Langford McGill McKenzie Newbill Olmstead Peevy
Perry
Phillips
Ragan

Ray Scott of 36th Stumbaugh Tate ,,,.__ J,im Tolleson
Turner
Tysinger
Walker

Those not voting were Senators:

Brown of 47th (excused) Coleman Dawkins rjeaj English

Garner Harris Hudgins Huggins

Kennedy (presiding) Scott of 2nd Shumake Starr

On the adoption of the resolution, the yeas were 42, nays 0.

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

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

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.

Senator Kidd of the 25th moved that the Senate adhere to its disagreement to the House amendment to SR 7, and that a Conference Committee be appointed.

On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House amendment to SR 7.

Senator Kennedy of the 4th, President Pro Tempore, who was presiding, appointed as a Conference Committee on the part of the Senate the following:

Senators Kidd of the 25th, Hudgins of the 15th and Walker of the 43rd.

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

HR 275. By Representative Moody of the 153rd:
A resolution authorizing the conveyance of certain state owned property located in Brantley County, Georgia, to the Johns Timber Company.
Senate Sponsor: Senator Echols of the 6th.

MONDAY, MARCH 9, 1987

1695

The Senate Committee on Public Utilities offered the following substitute to HR 275:
A RESOLUTION
Authorizing the conveyance of certain state owned property located in Brantley County, Georgia, to the Johns Timber Company; to authorize the conveyance of certain state owned property located in Fannin County to the City of Blue Ridge, Georgia; to provide an effec tive date; to repeal conflicting laws; and for other purposes.
WHEREAS:
(1) The State of Georgia is the owner of certain real property located in Brantley County, Georgia, currently under the custody and management of the Georgia Forestry Commission;
(2) Said real property is described as:
All that tract or parcel of land lying and being in Land Lot No. 105 in the 2nd Land District (originally Wayne), now Brantley County, Georgia, containing approximately .75 acre bounded and described as follows:
Bounded north by Satilla Avenue; east by J.B. Lewis lands; south by Route 50; west by Glenn Driver and Will Stokes; being 100 feet on north; 296 feet on east; 109 feet on south; 338 feet on west;
(3) This property was conveyed to the State of Georgia by J.B. Lewis on October 9, 1940, for a consideration of $250.00;
(4) The Georgia Forestry Commission has utilized this property as a county unit head quarters site and is in the process of acquiring a two-acre site upon which to relocate their facilities to better serve the citizens of Brantley and surrounding counties; and
(5) The Georgia Forestry Commission has agreed to convey the above-described .75 acre site and improvements to Johns Timber Company provided a building be constructed by Johns Timber Company on the two-acre site now being acquired; and
WHEREAS:
(1) The State of Georgia is the owner of certain real property located in Fannin County, Georgia;
(2) Said real property is described as:
"All that tract or parcel of land lying and being in the 8th District and 2nd Section of Fannin County, Georgia being part of Land Lot 315, more particularly described as follows:
BEGINNING at the Northeast corner of the property, said point being South 70 deg. 20' West a distance of 1004.8 feet; South 55 deg. 42' West a distance of 31.60 feet from the Northeast corner of Land Lot 315, and from said point of beginning running thence South 47 deg. 03' East a distance of 87.70 feet; thence South 7 deg. 07' East a distance of 65.48 feet; thence North 43 deg. 09' West a distance of 142.34 feet; thence North 50 deg. 04' East a distance of 32.61 feet to the POINT OF BEGINNING, and containing an area of 4,162 square feet.";
(3) The said property is no longer needed by the State of Georgia; and
(4) The City of Blue Ridge, Georgia, is desirous of obtaining all of the above-described real property located in Fannin County to be used for county purposes.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL AS SEMBLY OF GEORGIA:
Article 1.
Section 1. (a) That the State of Georgia is the owner of the above-described property located in Brantley County, Georgia, and that in all matters relating to the conveyance of the property the State of Georgia is acting by and through the State Properties Commission.

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JOURNAL OF THE SENATE

(b) That the above-described real property located in Brantley County, Georgia, shall be conveyed by appropriate instrument to Johns Timber Company by the State of Georgia, acting by and through the State Properties Commission, in exchange for a building, ap proved by the Georgia Forestry Commission and the State Properties Commission, to be constructed and paid for by Johns Timber Company on a state owned two-acre site in Brantley County, and upon such other terms and conditions as the State Properties Com mission shall determine to be in the best interest of the State of Georgia.
(c) That this conveyance and exchange shall not take place prior to the above-men tioned new building being completed by Johns Timber Company and accepted by the Geor gia Forestry Commission.
Article 2.
Section 2. (a) That the State of Georgia is the owner of the above-described real prop erty located in Fannin County, Georgia, and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through the State Properties Commission.
(b) That the above-described real property located in Fannin County, Georgia, shall be conveyed by appropriate instrument to the City of Blue Ridge, Georgia, by the State of Georgia, acting by and through the State Properties Commission, for a consideration of $10.00 and upon such other terms and conditions as the State Properties Commission shall determine to be in the best interest of the State of Georgia.
Article 3.
Section 3. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 4. That all laws and parts of laws in conflict with this resolution 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 adoption of the resolution by substitute, was agreed to.

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

Those voting in the affirmative were Senators:

Albert
Allgood Baldwin Barker Barnes Bwen

Edge
English Engram Fincher Foster Gillis

jBBfrroaynuannnotonf, 4.6..t.h B ur ton Coleman
Coverdell Dawkins Deal Dean Echols

Hu"aurdr,gism. s Huggms Kidd
Land Langford McGill McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan Ray
SSc hc, outntwok,fe36th Stumbaugh Tate
Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Brown of 47th (excused) Crumbley Garner

Harrison Hine Howard

Kennedy (presiding) Scott of 2nd Starr

MONDAY, MARCH 9, 1987

1697

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

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

HR 280. By Representative Walker of the 115th:
A resolution authorizing the conveyance of certain state owned property to the City of Perry.
Senate Sponsor: Senator Barker of the 18th.

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 Bryant Burton Coleman Coverdell Deal Dean Echols

Edge Engram Fincher Foster Gillis Harris Howard Huggins Kidd Land Langford McGill McKenzie

Newbill Peevy Perry Phillips Ragan Ray Scott of 36th Shumake Stumbaugh Tate Tolleson Turner Walker

Those not voting were Senators:

Barker Bowen BCrrouwmnbloeyf 47th (excused) Dawkins English

Garner Harrison ,,H.ine Hudgins Kennedy (presiding)

Olmstead Scott of 2nd S,,,tarr Timmons Tysinger

On the adoption of the resolution, the yeas were 39, nays 0.

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

Senator Tysinger of the 47th asked unanimous consent to excuse Senator Brown of the 47th from all roll calls in the Senate today due to illness, and that he be excused 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 all roll calls today, and will be excused each day hereafter until he is dismissed from the hospital and returns to the Senate.

1698

JOURNAL OF THE SENATE

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
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.
The House substitute to SB 203 was as follows:
A BILL
To be entitled an Act to amend Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against the person, so as to define the offense of battery; to provide for punishment; to provide for minimum sentences; to provide that certain sentences may, in the discretion of the judge, be served during the defendant's nonworking hours; to provide for calculation of such time served; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against the person, is amended by inserting a new Code Section 16-5-23.1 following Code Section 16-5-23, relating to simple battery and preceding Code Section 16-5-24, relat ing to aggravated battery, to read as follows:
"16-5-23.1. (a) A person commits the offense of battery when he intentionally causes substantial physical harm which may include substantial visible bodily harm to another.
(b) As used in this Code section, the term 'substantial visible bodily harm' means severe bodily harm capable of being perceived by a person other than the victim and includes, but is not limited to, severe blackened eyes, severely swollen lips or other facial and body parts, fractures, or substantial bruises to body parts.
(c) Except as provided in subsections (d) and (e) of this Code section, a person who commits the offense of battery is guilty of a misdemeanor.
(d) Upon the second conviction for battery against the same victim, the defendant shall be punished by imprisonment for not less than ten days nor more than 12 months, by a fine not to exceed $1,000.00, or both. The minimum sentence of ten days for a second offense shall not be suspended, probated, deferred, stayed, or withheld; provided, however, that it is within the authority and discretion of the sentencing judge to:
(1) Allow the sentence to be served on weekends by weekend confinement or during the nonworking hours of the defendant. A weekend shall commence and shall end in the discre tion of the sentencing judge, and the nonworking hours of the defendant shall be deter mined in the discretion of the sentencing judge; or
(2) Suspend, probate, defer, stay or withhold the minimum sentence where there exists clear and compelling evidence that imposition of the minimum sentence would either create an undue hardship upon the defendant or result in a failure of justice.
(e) Upon a third or subsequent conviction for battery against the same victim, the de fendant shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Senator Deal of the 49th moved that the Senate agree to the House substitute to SB 203 as amended by the following amendment:

MONDAY, MARCH 9, 1987

1699

Amend the House substitute to SB 203 by striking from line 18 of page 1 the following: "which may include substantial",
and inserting in its place the following: "or".

By striking from lines 20 through 26 of page 1 the following:
"(b) As used in this Code section, the term 'substantial visible bodily harm' means se vere bodily harm capable of being perceived by a person other than the victim and includes, but is not limited to, severely blackened eyes, severely swollen lips or other facial or body parts, fractures, or substantial bruises to body parts.",
and inserting in its place the following:
"(b) As used in this Code Section, the term 'visible bodily harm' means bodily harm capable of being perceived by a person other than the victim and may include, but is not limited to, substantially blackened eyes, substantially swollen lips or other facial or body parts, or substantial bruises to body parts."
By striking from line 21 of page 2 the following:
"compelling",
and inserting in its place the following:
"convincing".
By striking the quotation marks on line 27 of page 2 and inserting in its place the following:
"The minimum sentence provisions contained in subsection (d) of this Code section shall apply to sentences imposed pursuant to this subsection.'"

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 Broun of 46th
CBoruvlreatomnntan Coverdell Deai Dean Echols Edge English

Engram Fincher Foster GiHjs
Harris Howard
H",,uufdfgi. nnss Kldd Land Langford McGill McKenzie Newbill

Olmstead Peevy Perry Phillips
Ragan Ray
f S0 c, outmt uaok,fe36uth Stumbaugh Tate Timmons Tolleson Turner Walker

Those not voting were Senators:

Allgood Bowen Brown of 47th (excused) Crumbley

Dawkins Garner Harrison Hine

Kennedy (presiding) Scott of 2nd Starr Tysinger

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JOURNAL OF THE SENATE

On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 203 as amended by the Senate.

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

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.
Senate Sponsor: Senator Bryant of the 3rd.

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 Barker Brannon Broun of 46th Bryant Burton Coleman Crumbley Dawkins Deal Dean Echols Edge English Engram

Foster Garner Gillis Harris Hine Howard Hudgins Huggins Kidd Land Langford McGill McKenzie Newbill

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

Those not voting were Senators:

Albert Baldwin Barnes Bowen

Brown of 47th (excused) Coverdell Fincher Harrison

Kennedy (presiding) Peevy Phillips Scott of 2nd

On the adoption of the resolution, the yeas were 43, nays 0.

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

HR 310. By Representatives Aiken of the 21st, Atkins of the 21st and Wilder of the 21st: A resolution creating the Cobb County Court Consolidation Plan Study Committee.
Senate Sponsor: Senator Harrison of the 37th.

The Senate Committee on Rules offered the following amendment:

Amend HR 310 by striking from line 16 of page 2 the following: "December 1",

MONDAY, MARCH 9, 1987

1701

and inserting in lieu thereof the following: "December 15".

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 as amended, was agreed to.

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Brannon
Broun of 46th
BCC,-, oourv,vlretaeomnrndtaenll Crumbley Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Gillis Harris
Harrison
,,HHHouinwdegam.rd,s Muggins Kldd Land Langford McGill McKenzie

Newbill Olmstead Peevy Perry Phillips Ragan
Ray
SSS0,, h,tcaourtmrt aok.fe36th Tate Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Bowen

Garner

Brown of 47th (excused) Kennedy (presiding)

Scott of 2nd Stumbaugh

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

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

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

Mr. President:

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

HB 1138. By Representatives Mueller of the 126th, Alien of the 127th and Johnson of the 123rd:
A bill to amend an Act approved August 12, 1914 providing for the registration of voters to vote at the municipal elections in the City of Savannah, so as to limit the number of terms the mayor of the City of Savannah may serve.

1702

JOURNAL OF THE SENATE

HB 1140. By Representative Peters of the 2nd:
A bill to amend an Act placing the coroner of Catoosa County on an annual salary, so as to increase the salary of the coroner; to clarify when a deputy coro ner may act in the place of the coroner.
HB 1141. By Representative Ricketson of the 82nd:
A bill to amend an Act creating the Board of Commissioners of Glascock County, so as to correct references and make grammatic and stylistic changes in such Act; to change the provisions relating to the compensation of the clerk.
HB 1142. By Representative Ricketson of the 82nd:
A bill to amend an Act abolishing the fee system of compensation for the sheriff of Glascock County and providing in lieu thereof an annual salary, so as to change the provisions relating to the compensation of the chief deputy sheriff and deputy sheriffs.
HB 1145. By Representative Hanner of the 131st:
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 Fort Gaines and Clay County.
HB 1146. By Representative Hanner of the 131st:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Clay County Development Authority.
HB 1147. By Representative Hanner of the 131st:
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 Fort Gaines in Clay County to levy a tax not to exceed one mill for the purpose of promoting and encouraging the location of new industries in the City of Fort Gaines.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate:
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.
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.

MONDAY, MARCH 9, 1987

1703

The House has adopted, as amended, by the requisite constitutional majority the fol lowing resolution of the Senate:

SR 109. By Senator Kidd of the 25th: A resolution creating the Joint Adoption Study Committee.

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

HR 349. By Representative Murphy of the 18th: A resolution recognizing and commending Georgia recipients of the Medal of Honor.
Senate Sponsor: Senator 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 Baldwin Barker Barnes
Broun of 46th Brvant
Bf0" Crumbley Dawkins rjeai Dean Echols Edge English

Engram Foster Gillis Harris
Harrison Hine
Howard TMSTM Huggins Kidd Land Langford McGill McKenzie

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

Those not voting were Senators:

Allgood
Bowen Brannon Brown of 47th (excused) Coverdell

Fincher Garner
Hme Kennedy (presiding)

Scott of 2nd Shumake
btarr Tate

On the adoption of the resolution, the yeas were 42, nays 0.

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

The following general bill of the House, having been read the third time on March 5 and postponed until March 6, was put upon its passage:

HB 267. By Representatives Smyre of the 92nd, Benefield of the 72nd, Lawson of the 9th and Mangum of the 57th:
A bill to amend Title 20 of the O.C.G.A., relating to education, so as to provide for boards of directors for postsecondary vocational-technical schools; to provide

1704

JOURNAL OF THE SENATE

for the compensation and other benefits of employees of postsecondary voca tional-technical schools; to provide for inclusion of employees of postsecondary vocational-technical schools in the state merit system.
Senate Sponsor: Senator Barnes of the 33rd.

Senat6rs Kidd of the 25th, Scott of the 36th, Engram of the 34th and twelve other Senators offered the following amendment:
Amend HB 267 by inserting on line 2 of page 1 between "as" and "to" the following:
"to provide that the State Board of Education shall prescribe a course of study in sex education for such primary grade levels in the public school system as it may determine appropriate; to provide for standards for administration;".
By inserting between lines 2 and 3 of page 2 the following:
"adding a new subsection at the end of Code Section 20-2-142, relating to prescribed courses under the 'Quality Basic Education Act,' to be designated subsection (d) to read as follows:
'(d) The State Board of Education shall prescribe a course of study in sex education for such primary grade levels in the public school system as it may determine appropriate and shall establish standards for the administration of such course of study.'
Section 2. Said title is further amended by".
By redesignating Sections 2 through 13 as Sections 3 through 14, respectively.

Senator Kennedy of the 4th, President Pro Tempore, who was presiding, ruled that the amendment was not germane to HB 267.

Senator Kidd of the 25th moved that HB 267 be postponed until March 10.

On the motion, the yeas were 16, nays 24; the motion lost, and HB 267 was not postponed.

Senator Kidd of the 25th moved the previous question; 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 a 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 Garner Gillis

Harris Harrison Hine Hudgins Huggins Kidd Land Langford McGill McKenzie Newbill Olmstead

MONDAY, MARCH 9, 1987

1705

Peevy Perry Phillips Ragan Ray

Scott of 36th Shumake Starr Stumbaugh Tate

Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:
Brown of 47th (excused) Kennedy (presiding) Howard

Scott of 2nd

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 House, favorably reported by the committee, was read the third time and put upon its passage:

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.
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 a 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 Garner Gillis Harris Harrison Hine 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:
Brown of 47th (excused) Kennedy (presiding) Howard

Scott of 2nd

1706

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.
The following bills of the House were read the first time and referred to committee:
HB 1138. By Representatives Mueller of the 126th, Alien of the 127th and Johnson of the 123rd:
A bill to amend an Act approved August 12, 1914 providing for the registration of voters to vote at the municipal elections in the City of Savannah, so as to limit the number of terms the mayor of the City of Savannah may serve. Referred to Committee on Urban and County Affairs.
HB 1140. By Representative Peters of the 2nd:
A bill to amend an Act placing the coroner of Catoosa County on an annual salary, so as to increase the salary of the coroner; to clarify when a deputy coro ner may act in the place of the coroner. Referred to Committee on Urban and County Affairs.
HB 1141. By Representative Ricketson of the 82nd:
A bill to amend an Act creating the Board of Commissioners of Glascock County, so as to correct references and make grammatic and stylistic changes in such Act; to change the provisions relating to the compensation of the clerk. Referred to Committee on Urban and County Affairs.
HB 1142. By Representative Ricketson of the 82nd:
A bill to amend an Act abolishing the fee system of compensation for the sheriff of Glascock County and providing in lieu thereof an annual salary, so as to change the provisions relating to the compensation of the chief deputy sheriff and deputy sheriffs. Referred to Committee on Urban and County Affairs.
HB 1145. By Representative Hanner of the 131st:
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 Fort Gaines and Clay County. Referred to Committee on Urban and County Affairs.
HB 1146. By Representative Hanner of the 131st:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Clay County Development Authority. Referred to Committee on Urban and County Affairs.
HB 1147. By Representative Hanner of the 131st:
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 Fort Gaines in Clay County to levy a tax not to exceed one mill for the purpose of promoting and encouraging the location of new industries in the City of Fort Gaines. Referred to Committee on Urban and County Affairs.
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 2:00 o'clock P.M.

MONDAY, MARCH 9, 1987

1707

At 2:00 o'clock P.M., the President called the Senate to order.
The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 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.
Senate Sponsor: Senator Shumake of the 39th.
The Senate Committee on Consumer Affairs offered the following amendment:

Amend HB 460 by inserting between lines 11 and 12 of page 2 the following:
"However, in such cases, the employee shall not be required to provide any other service."

On the adoption of the amendment, the yeas were 35, nays 0, and the amendment was adopted.
Senators Peevy of the 48th and Deal of the 49th offered the following amendment:

Amend HB 460 by striking from lines 13 and 14 of page 2 the following: "be guilty of a misdemeanor", and inserting in its place the following: ", upon conviction thereof, be punished by a fine of not more than $25.00". On the adoption of the amendment, Senator Engram of the 34th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood

Dean Edge

Huggins Land

SnL Dawkins Deal

Fster Hine

Ray Scott of 2nd

Those voting in the negative were Senators:

Baldwin Barker Barnes Bowen Brannon Burton Coverdell Crumbley Echols Engram Fincher

Garner Harris Harrison Howard Hudgins Kennedy Kidd Langford McGill McKenzie Newbill

Olmstead Perry Phillips Ragan Scott of 36th Shumake Stumbaugh Timmons Turner Tysinger Walker

1708

JOURNAL OF THE SENATE

Those not voting were Senators:

Broun of 46th

Gillis

Brown of 47th (excused) Starr

Tate Tolleson

On the adoption of the amendment, the yeas were 16, nays 33, and the amendment was lost.

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

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

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bowen Brannon Broun of 46th Bryant Burton Coverdell Crumbley Dean Echols Edge English

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

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

Those voting in the negative were Senators:

Allgood Coleman

Dawkins Deal

Peevy

Those not voting were Senators:

Brown of 47th (excused) Starr

Gillis

Tate

Tolleson

On the passage of the bill, the yeas were 45, nays 5.

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 substitute, by the requisite constitutional majority the fol lowing bill of the Senate:

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

MONDAY, MARCH 9, 1987

1709

criminal penalties in certain cases where garbage, trash, waste, or refuse is trans ported across state or county boundaries for the purpose of dumping without permission.
The House has passed by the requisite constitutional majority the following bill of the House:

HB 1143. By Representatives Lawler of the 20th and Hensley of the 20th:
A bill to amend an Act reincorporating the City of Marietta, so as to deannex and exclude certain property from the corporate limits of the city.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:

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

HB 1143. By Representatives Lawler of the 20th and Hensley of the 20th:
A bill to amend an Act reincorporating the City of Marietta, so as to deannex and exclude certain property from the corporate limits of the city. Referred to Committee on Urban and County Affairs.
The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 607. By Representatives Martin of the 26th, Benn of the 38th, Sinkfield of the 37th and others:
A bill to amend an Act creating county building authorities in counties having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census, so as to increase the amount of bonds which may be issued by such authorities.

Senate Sponsor: Senator Langford of the 35th.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bryant CCoovleemrdaenll
Crumbley Dean Echols English

Engram Fincher Foster Garner Gilhs HHionweard
Kennedy Langford McGill Olmstead

Ray Scott of 36th Shumake Starr S,,,tumb, augh,
Tate Timmons Turner Walker

1710

JOURNAL OF THE SENATE

Those voting in the negative were Senators:

Barnes Bowen
RBBruorutonn off Dawkins Deal

Edge Harris Harrison Hudgm. s Huggins Land

McKenzie Newbill Peevv Philli.ps Tolleson Tysinger

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

Scott of 2nd

On the passage of the bill, the yeas were 32, nays 19.

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 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 House substitute to SB 10 was as follows:

A BILL
To be entitled an Act 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 require placement of smoke detectors in new dwelling units; to provide requirements relative to placement of smoke detectors; to provide for minimum standards for such detectors; to provide require ments for installation; to provide exceptions; to provide for all related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 2 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of fire and other hazards, is amended by adding at the end of said chapter a new Code Section 25-2-40 to read as follows:
"25-2-40. (a) Except as otherwise provided in subsection (f) of this Code section, on and after July 1, 1987, every new dwelling and every new dwelling unit within an apartment, house, condominium, and townhouse and every motel, hotel, and dormitory shall be pro vided with an approved listed smoke detector installed in accordance with the manufac turer's recommendations and listing.
(b) In dwellings, dwelling units, and other facilities listed in subsection (a) of this Code section, a smoke detector shall be mounted on the ceiling or wall at a point centrally located in the corridor or area giving access to each group of rooms used for sleeping purposes. Where the dwelling or dwelling unit contains more than one story, detectors are required on each story including cellars and basements, but not including uninhabitable attics.
(c) In dwellings, dwelling units, and other facilities listed in subsection (a) of this Code

MONDAY, MARCH 9, 1987

1711

section with split levels, a smoke detector need be installed only on the upper level, pro vided the lower level is less than one full story below the upper level, except that if there is a door between levels then a detector is required on each level. Such detectors shall be connected to a sounding device or other detector to provide an alarm which will be audible in the sleeping areas.
(d) Detectors shall be listed and meet the installation requirements of NFiPA 74 and NFiPA 72A.
(e) Any complete automatic fire alarm system using automatic smoke detectors shall be installed in accordance with NFiPA 72E.
(f) The provisions of this Code section shall not apply in counties and municipalities which have not adopted building codes."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Tolleson of the 32nd moved that the Senate agree to the House substitute to SB 10.

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 Broun of 46th Bryant Burton Coleman Coverdell Crumbley Dawkins Dean Echols Edge

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

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

Those voting in the negative were Senators:

Peevy

Perry

Turner

Those not voting were Senators:

Allgood Bowen Brown of 47th (excused)

Deal Newbill

Scott of 2nd Timmons

On the motion, the yeas were 45, nays 3; the motion prevailed, and the Senate agreed to the House substitute to SB 10.

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

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.

1712

JOURNAL OF THE SENATE

Senator Stumbaugh of the 55th moved that the Senate insist upon the Senate substi tute to HB 159.

On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 159.

The following resolution and bill of the Senate were taken up for the purpose of consid ering the House amendments thereto:

SR 109. By Senator Kidd of the 25th: A resolution creating the Joint Adoption Study Committee.

The House amendment was as follows:

Amend SR 109 by striking the word "ten" on line 2, page 3 and inserting in lieu thereof the word "five".

Senator Kidd of the 25th moved that the Senate agree to the House amendment to SR 109.

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 Brannon Broun of 46th Bryant Burton Coverdell Crumbley Dawkins Dean Echols Edge
English

Fincher Foster Gillis
Harris Harrison 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 Turner Tysinger Walker

Those not voting were Senators:

Bowen Brown of 47th (excused) Coleman

Deal Engram Garner

Hine Ragan

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SR 109.

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.

MONDAY, MARCH 9, 1987

1713

The House amendment was as follows:

Amend SB 189 as follows: Strike from page 2, line 19, the following: "solicitation or".

Senator Dawkins of the 45th moved that the Senate agree to the House amendment to SB 189.

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Barker Brown of 47th (excused) Deal

Engram Hine Newbill

Peevy Perry Timmons

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 189.

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

HB 2. By Representatives McDonald of the 12th, Murphy of the 18th, Walker of the 115th 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 Conference Committee report on HB 2 was as follows:

The Committee of Conference on HB 2 recommends that both the Senate and the

1714

JOURNAL OF THE SENATE

House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 2 be adopted.
Respectfully submitted,

FOR THE SENATE:
M Terrell A. Starr Senator, 44th District
/s/ Jospeh E. Kennedy Senator, 4th District
/s/ Thomas F. Allgood Senator, 22nd District

FOR THE HOUSE OF REPRESENTATIVES:
/a/ Lauren McDonald, Jr. Representative, 12th District
/s/ Larry Walker Representative, 115th District
/s/ Terry L. Coleman Representative, 118th District

Conference Committee 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), as amended by an Act approved February 24, 1987 (Act No. 46, HB 225), 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), as amended by an Act approved February 24, 1987 (Act No. 46, HB 225), is amended by inserting at the end of Section 23 the following:
"Provided, however, the Georgia State Financing and Investment Commission and the Georgia Building Authority are authorized to apply $2,000,000 of existing General Obliga tion Bond proceeds for renovations, asbestos removal and Central Energy Plant connections and modifications in office buildings on Capitol Hill."
Section 2. Said Act is further amended by striking Section 13 in its entirety and in serting a new Section 13 to read as follows:
"Section 13. Department of Administrative Services. A. Budget Unit: Department of Administrative Services ............... $34,549,630
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

MONDAY, MARCH 9, 1987

1715

Payments to DOAS Fiscal Administration Direct Payments to Georgia Building
Authority for Capital Outlay ............ Direct Payments to Georgia Building
Authority for Operations Telephone Billings ........................ Materials for Resale ...................... Public Safety Officers Indemnity Fund Health Planning Review Board Operations Georgia Golf Hall of Fame Operations Hazardous Materials Liability Reserve Fund Authorities Liability Reserve Fund Total Funds Budgeted State Funds Budgeted

$1,960,000
......... $0
$507,000 $29,768,614 . $9,913,000
$609,000 . . . . . $50,000 . . . . . $30,000 . $500,000
$3,000,000 $122,205,238 $34,549,630

Department of Administrative Services Functional Budgets

State Properties Commission Departmental Administration Treasury and Fiscal
Administration Central Supply Administration Procurement Administration General Services Administration Space Management Administration Data Processing Services Motor Vehicle Services Communication Services Printing Services Surplus Property Services Mail and Courier Services Risk Management Services Total

Total Funds

$

382,991

$ 2,605,676

12,343,674 9,584,680 2,471,275
577,217 478,752 47,337,926 2,489,048 35,588,052 5,349,250 1,289,717 463,016 1,343,964 122,205,238

State Funds

$

382,991

$ 2,605,676

10,383,674 0
2,471,275 0
478,752 12,227,262
0 6,000,000
0 0 0 0 34,549,630

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 .......
Total Funds Budgeted ..................

$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 $5,200,000 $33,250,346

1716

JOURNAL OF THE SENATE

State Funds Budgeted ................................................... $0

Georgia Building Authority Functional Budgets

Total Funds

State Funds

Grounds

$ 1,843,816 $

0

Custodial

$ 4,400,261 $

0

Maintenance

$ 4,371,540 $

0

Security Van Pool

$ 3,564,008 $

0

$

119,267 $

0

Sales

$ 3,600,160 $

0

Administration

$ 9,746,853 $

0

Railroad Excursions

$

404,441 $

0

Facility Renovations

$ 5,200,000 $

0

Undistributed

$

0$

0

Total

$ 33,250,346 $

0

Section 3. Said Act is further amended by striking Section 19 in its entirety and in serting a new Section 19 to read as follows:

"Section 19. State Board of Education--Department of Education.

B. Budget Unit: Department of Education

$2,012,513,762

Operations:

Personal Services ............................................... $33,021,579

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 ............................................... $7,490,001

Real Estate Rentals .............................................. $2,145,255

Telecommunications ................................................ $617,420

Per Diem, Fees and Contracts .................................... $10,127,685

Utilities ......................................................... $1,020,045

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

Vocational Education Laboratories ................................ $67,642,730

Special Education .............................................. $104,393,896

Gifted.......................................................... $10,417,109

Remedial Education ............................................. $13,383,097

Staff Development ............................................... $5,967,005

Media.......................................................... $62,040,723

Indirect Cost .................................................. $340,262,204

Pupil Transportation ............................................ $99,064,112

Prepaid Teacher Retirement ................................ $(142,000,000)

Mid-term Adjustment ........................................... $13,916,819

Isolated Schools.................................................... $886,547

July and August APEG Salaries ................................. $231,951,498

Local Fair Share .............................................. $(263,245,650)

MONDAY, MARCH 9, 1987

1717

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 Indirect DOAS Services Funding State Funds Budgeted

Education Functional Budgets

Instructional Services Governor's Honors Program Vocational Education Public Library Services State Administration Administrative Services Planning and Development

Total Funds 7,455,943 834,740 5,714,192 1,960,903 9,560,375 9,112,329 10,732,268

$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 $578,000 $992,400 $2,860,000 $366,540
. . . . $3,634,434 . $7,926,960 $4,133,430
...... $737,570 $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 $2,312,361,331
$340,000 $2,012,513,762
State Funds
4,433,637 808,440
2,533,653
960,839
8,312,570
5,702,655
9,621,695

1718

JOURNAL OF THE SENATE

Professional Standards Commission

$

194,300 $

194,300

Professional Practices Commission

$

472,836 $

472,836

Local Programs

$ 2,251,096,219 $ 1,965,185,093

Georgia Academy for the Blind

$ 4,011,642 $ 3,651,836

Georgia School for the Deaf

$ 6,185,911 $ 5,920,266

Atlanta Area School for the Deaf

$ 5,029,673 $ 4,715,942

Total

$ 2,312,361,331 $2,012,513,762"

Section 4. Said Act is further amended by striking Section 47 in its entirety and in serting a new Section 47 to read as follows:

"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)
............................................................. $43,821,000"
Section 5. Said Act is further amended by striking Subsection B of Section 38, relating to the Regents, University System of Georgia, in its entirety and inserting in lieu thereof a new Subsection B to read as follows:

"B. Budget Unit: Regents Central Office and Other Organized Activities

............................................................. $122,975,203

Regents Central Office and Other Organized Activities Budget:

Regular Personal Services ....................................... $162,708,899

Sponsored Personal Services ..................................... $49,528,203

Regular Operating Expenses

$69,089,258

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 ............

... $320,565,395

Departmental Income............................................. $1,932,626

Sponsored Income............................................... $71,843,165

Other Funds

$123,258,701

Indirect DOAS Services Funding

$555,700

State Funds Budgeted .......................................... $122,975,203

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

MONDAY, MARCH 9, 1987

1719

Marine Institute

1,517,798 $

769,450

Georgia Tech Research Institute

82,081,924 $ 9,934,160

Engineering Extension Division

3,611,087 $ 1,808,387

Agricultural Experiment Station Cooperative Extension Service

45,027,672 $ 29,077,027 43,720,465 $ 28,526,098

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

Joint Board of Family Practice

5,447,570 $ 5,447,570

Georgia Radiation Therapy Center
Athens and Tifton Veterinary Laboratories

$ 1,417,911 $ $ 2,000,535 $

0 53,000

Regents Central Office

$ 12,798,492 $ 12,798,492

Undistributed

$

0$

0

Total

$ 320,565,395 $ 122,975,203"

Section 6. Said Act is further amended by striking from Section 50, relating to the Superior Courts, the final clause in said section, and by substituting in lieu thereof the following final clause:

"provided, however, of the funds appropriated in Section 5, $20,000 is designated and committed to permit judges with fewer than ten years of experience to attend the Judicial College."

Section 7. Said Act is further amended by striking from the first line in Section 88 the figure $3,050,547 and by substituting in lieu thereof the figure $1,782,817, so that said first line shall now read:

"Employee Termination Fund........................................ $1,782,817"

Section 8. Said Act is further amended by adding at the end of Section 60, relating to the Department of Human Resources, the following:

"Provided that Central State Hospital is authorized to utilize up to $50,000 of agency funds to complete the wood energy steam plant ash collector system."

Section 9. Said Act is further amended by striking the second paragraph from Section 66, relating to the Department of Corrections, and by substituting a new second paragraph to read as follows:

"The Department of Corrections is authorized to utilize up to $200,000 of available surplus for land acquisition for a prison in Telfair County."

Section 10. Said Act is further amended by striking Section 89, relating to the State of Georgia General Obligation Debt Sinking Fund in its entirety, and inserting in lieu thereof a new Section 89 to read as follows:

"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, $2,293,100 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

1720

JOURNAL OF THE SENATE

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, $2,244,300 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.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $1,403,200 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, $2,390,700 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, $1,878,400 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, $2,062,000 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 $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, $419,600 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

MONDAY, MARCH 9, 1987

1721

Obligation Debt Sinking Fund, $667,000 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, $866,100 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, 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, $1,084,100 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, $161,500 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, $18,239,800 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, $1,649,600 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, $2,371,900 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-

1722

JOURNAL OF THE SENATE

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, $1,095,500 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.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $900,000 is specifically appropriated for the purpose of fi nancing public library facilities for county and independent school systems, counties, munic ipalities, and boards of trustees of public library systems by means of the acquisition, con struction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $9,000,000 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, $2,000,000 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 $20,000,000 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, $620,000 is specifically appropriated for the purpose of fi nancing renovations and improvements of office buildings and warehouse facilities of the Georgia Building Authority by means of the acquisition, construction, development, exten sion, 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 $6,200,000 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, $621,500 is specifically appropriated for the purpose of fi nancing incarceration facilities and related structures for the Department of Corrections 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 $6,215,000 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, $52,500 is specifically appropriated for the purpose of fi nancing teaching facilities for the Board of Regents of the University System of Georgia 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 $525,000 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

MONDAY, MARCH 9, 1987

1723

Obligation Debt Sinking Fund, $150,000 is specifically appropriated for the purpose of fi nancing improvements at the Atlanta Farmers Market for the Georgia Building Authority (Markets) 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 $1,500,000 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, $334,000 is specifically appropriated for the purpose of fi nancing the construction and equipping of a food service facility at Gracewood State School and Hospital for the Department of Human Resources 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 $3,340,000 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, $80,000 is specifically appropriated for the purpose of fi nancing the construction and equipping of detention facilities at the Augusta Youth Devel opment Center for the Department of Human Resources by means of the acquisition, con struction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $800,000 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, $225,000 is specifically appropriated for the purpose of fi nancing the construction and equipping of a nursing facility for the Georgia Department of Veterans Service by means of the acquisition, construction, development, extension, enlarge ment and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,250,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Section 11. Said Act is further amended by adding at the end of Section 83 the following:
"(b.) (3.) It is the further intent of the General Assembly that this principle shall be applied as well when common object class amounts are properly amended in the administra tion of the annual operating budget."
Section 12. Said Act is further amended by striking Section 91, relating to the Total State Appropriations, in its entirety and by substituting in lieu thereof a new Section 91, to read as follows:
"Section 91. TOTAL STATE FUND APPROPRIATIONS State Fiscal Year 1987 ............................................... $5,412,773,000"
Section 13. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 14. 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 2.
On the motion, a roll call was taken, and the vote was as follows:

1724

JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Bowen
oBrroanunnonf, 4f6l thu BDBuryrta, onnt Coleman Crumbley Dawkins Dean Echols Edge English

Fincher Foster Garner Gillis Harris
HH.anrerison HTHTuugdggimnss Kennedy Kidd Land Langford McGill McKenzie Olmstead

Peevy Perry Phillips Ragan Rav
SSccootttt orff 23n6dth 0S_1humak, e ;>tarr Tate Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Albert Brown of 47th (excused) Coverdell

Deal Engram Howard

Newbill Stumbaugh

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 2.

The following bills and resolution of the Senate were taken up for the purpose of con sidering the House substitutes thereto:

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.
The House substitute to SB 361 was as follows:
A BILL
To be entitled an Act to amend Code Section 33-27-1 of the Official Code of Georgia Annotated, relating to requirements for group life insurance policies, Code Section 33-30-1 of the Official Code of Georgia Annotated, relating to the definition and requirements of group accident and sickness insurance policies, and Code Section 33-29-18, relating to the definition and requirements of accident and sickness insurance issued on a franchise plan, so as to change certain requirements that such policies may be placed in force only if a certain percentage or number of eligible persons are insured or elect to make the required contributions to the premium; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 33-27-1 of the Official Code of Georgia Annotated, relating to requirements for group life insurance policies, is amended by striking subparagraph (B) of paragraph (1), relating to policies issued to employee groups, and inserting in lieu thereof a new subparagraph (B) to read as follows:
"(B) The premium for the policy shall be paid by the policyholder either wholly from the employer's funds or funds contributed by him or partly from such funds and partly from funds contributed by the insured employees, except as provided in Code Section 33-24-34.

MONDAY, MARCH 9, 1987

1725

No policy may be issued on which the entire premium is to be derived from funds contrib uted by the insured employees, except as provided in Code Section 33-24-34. A policy on which no part of the premium is to be derived from funds contributed by the insured em ployees must insure all eligible employees or all except any as to whom evidence of individ ual insurability is not satisfactory to the insurer;".
Section 2. Said Code Section 33-27-1 is further amended by striking subparagraph (C) of paragraph (1) and inserting in lieu thereof a new subparagraph (C) to read as follows:
"(C) The policy must cover at least two employees at date of issue; and".
Section 3. Said Code Section 33-27-1 is further amended by striking subparagraph (B) of paragraph (4), relating to policies issued to labor union groups, and inserting a new subparagraph (B) to read as follows:
"(B) The premium for the policy shall be paid by the policyholder either wholly from the union's funds or partly from such funds and partly from funds contributed by the in sured members specifically for their insurance. No policy may be issued on which the entire premium is to be derived from funds contributed by the insured members specifically for their insurance. A policy on which no part of the premium is to be derived from funds contributed by the insured members specifically for their insurance must insure all eligible members or all except any as to whom evidence of individual insurability is not satisfactory to the insurer;".
Section 4. Said Code Section 33-27-1 is further amended by striking subparagraph (B) of paragraph (5), relating to policies issued to trustee groups, and inserting in lieu thereof a new subparagraph (B) to read as follows:
"(B) The premium for the policy shall be paid by the trustees wholly from funds con tributed by the employer or employers of the insured persons, by the union or unions, or by both or partly from such funds and partly from funds contributed by the insured persons. No policy may be issued on which the entire premium is to be derived from funds contrib uted by the insured persons specifically for their insurance. A policy on which no part of the premium is to be derived from funds contributed by the insured persons specifically for their insurance must insure all eligible persons or all except any as to whom evidence of individual insurability is not satisfactory to the insurer;".
Section 5. Said Code Section 33-27-1 is further amended by striking subparagraph (B) of paragraph (6), relating to policies issued to association groups, and inserting in lieu thereof a new subparagraph (B) to read as follows:
"(B) The policy must cover at least 25 members at date of issue;".
Section 6. Code Section 33-29-18, relating to the definition and requirements of acci dent and sickness insurance issued on a franchise plan, is amended by striking paragraph (1) of subsection (b) and inserting in its place a new paragraph (1) to read as follows:
"(1) Two or more employees of any corporation, copartnership, or individual employer or any governmental corporation, agency, or department thereof; or".
Section 7. Code Section 33-30-1 of the Official Code of Georgia Annotated, relating to the definition of group accident and sickness insurance, is amended by striking paragraph (1) and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) Under a policy issued to an employer or trustees of a fund established by an em ployer, who shall be deemed the policyholder, insuring at least two employees of such em ployer for the benefit of persons other than the employer. As used in this paragraph, the term 'employees' includes the officers, managers, and employees of the employer; the indi vidual proprietor or partners, if the employer is an individual proprietor or partnership; the officers, managers, and employees of subsidiary or affiliated corporations; and the individual proprietors, partners, and employees of individuals and firms, if the business of the em ployer and such individual or firm is under common control through stock ownership, con tract, or otherwise. The term may include retired employees. A policy issued to insure em-

1726

JOURNAL OF THE SENATE

ployees of a public body may provide that the term 'employees' shall include elected or appointed officials;".
Section 8. 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 361.

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

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Bowen Brannon Broun of 46th BBruyrtaonnt
Coleman Crumbley Dawkins Dean Echols Edge

English Fincher Foster Garner Gillis Harris Hme HHuogwgairnds
Kennedy Kidd Langford McGill McKenzie Olmstead

Perry Phillips Ragan Rav Scott of 2nd Scott of 36th Shumake eterr
late Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Albert Brown of 47th (excused) Coverdell Deal

Engram Harrison Hudgins Land

Newbill Peevy Stumbaugh

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 361.

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 House substitute to SB 339 was as follows:

A BILL
To be entitled an Act 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 al lowance of said judge to be paid by the State of Georgia and the county comprising said circuit; to authorize the judges of said court to divide and allocate the work and duties thereof; to provide for the selection of a chief judge; to provide for the powers and authority of the chief judge; to provide for an additional court reporter for said circuit; to declare

MONDAY, MARCH 9, 1987

1727

inherent authority; to provide effective dates; to provide for applicability; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to numbers of superior court judges for each judicial circuit, is amended by striking paragraph (11) and inserting in its place a new paragraph to read as follows:
"(11) Cobb Circuit .......................................................... 7"
Section 2. The number of superior court judges of the Cobb Judicial Circuit is increased from six to seven. The initial judge for said seventh judgeship shall be appointed by the Governor for a term beginning July 1, 1987, and ending December 31, 1988, and until a successor is elected and qualified. Thereafter successors shall be elected at the general elec tion held in 1988, and every four years thereafter; and their terms shall be for four years beginning on the first day of January next following their election.
Section 3. The qualifications of such additional judge and his successors shall be the same as are now provided by law for all other superior court judges, and his compensation, salary, and expense allowance from the State of Georgia and from the county comprising such circuit shall be the same as that of the other judges of the superior courts of the Cobb Judicial Circuit. The provisions, if any, heretofore enacted for the supplementation by the county comprising said circuit of the salary of the judge of the superior courts of the Cobb Judicial Circuit shall also be applicable to the additional judge provided for by this Act.
Section 4. As long as the person serving on the effective date of this section as chief judge of the superior courts of the Cobb Judicial Circuit of Georgia continues in office as a judge of the superior courts of said circuit, the provisions of this section shall apply to the Cobb Judicial Circuit. The judges of the superior courts of the Cobb Judicial Circuit of Georgia in transacting the business of said courts and in performing their duties and respon sibilities shall share, divide, and allocate the work and duties to be performed by each. In the event of any disagreement between said judges in any respect thereof, the decision of the senior judge in point of service, who shall be known as the chief judge, shall be control ling. The chief judge shall appoint the judge of the juvenile court as provided by law. The judges of the superior courts of the Cobb Judicial Circuit shall have and they are hereby clothed with full power, authority, and discretion to determine from time to time, and term to term, the manner of calling the dockets or fixing the calendars and order of business in said courts. They may assign to one or more of said judges the hearing of trials by jury for a term, and the hearing of all other matters not requiring a trial by a jury to one or more of the other judges, and they may rotate such order of business at the next term. They may conduct trials by jury at the same time in the same county or otherwise within said circuit, or they may hear chambers business and motion business at the same time at any place within said circuit. They may provide in all respects for holding the superior courts of said circuit so as to facilitate the hearing and determination of all the business of said courts at any time pending and ready for trial or hearing. In all such matters relating to the manner of fixing, arranging for, and disposing of the business of said courts, and making appoint ments as authorized by law where the judges thereof cannot agree or shall differ, the opinion or order of the chief judge as hereinbefore defined shall control.
Section 5. (a) When the person serving on the effective date of this section as chief judge of the superior courts of the Cobb Judicial Circuit of Georgia ceases to hold office as a superior court judge of said circuit as a result of retirement, death, or any other cause, the provisions of this section shall apply to the Cobb Judicial Circuit, and the provisions of Section 4 shall no longer be applicable.
(b) The judges of the superior courts of the Cobb Judicial Circuit shall, within 30 days and thereafter upon the commencement of the first term of each odd-numbered calendar year, by a vote of a majority of them, elect from their number a chief judge of the superior courts of said circuit to serve a two-year term. A vote of the majority of the judges of said circuit is required to fill any vacancy occurring in the office of chief judge. Whenever, after

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JOURNAL OF THE SENATE

30 days after this section becomes applicable pursuant to subsection (a) of this section and so long as no chief judge shall be elected as aforesaid, the judge of the superior courts of said circuit who shall be senior in length of continuous service as a judge of the superior courts shall be ex officio chief judge; and, in the event that two or more judges shall be equal in such seniority, then the judge who was first admitted to the State Bar of Georgia shall be such chief judge.
(c) Upon the failure of a majority of the judges of said circuit to agree on the adminis tration and the expeditious disposition of the business of the court, the chief judge shall have the power and responsibility to take such action as he shall deem necessary or proper for such purpose, but not in conflict with the general laws of this state or the uniform rules of this state, which action, when entered on the minutes of said court, shall be binding upon the other judges of said circuit.
(d) Such chief judge may make appointments authorized by law and may from time to time require reports from the clerk of court of said circuit, the district attorney of said circuit, and the sheriff of Cobb County relative to business pending before the court of said circuit, including but not limited to, issues involving the jail population.
(e) The chief judge shall appoint the judge of the juvenile court as provided by law.
Section 6. The seven judges of the Cobb Judicial Circuit shall be authorized and em powered to appoint an additional court reporter for such circuit, whose compensation shall be as now or hereafter provided by law.
Section 7. Nothing herein enumerated shall be deemed to limit or restrict the inherent powers, duties, and responsibilities of superior court judges provided by the Constitution and statutes of the State of Georgia.
Section 8. (a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective on July 1, 1987, except that the appointment of the initial judge to fill the seventh judgeship created by this Act may be made at any time after this Act is ap proved by the Governor or becomes law without such approval.
(b) Sections 4 and 5 of this Act shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval.
Section 9. All laws and parts of laws in conflict with this Act are repealed.

Senator Barnes of the 33rd moved that the Senate agree to the House substitute to SB 339.

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

Those voting in the affirmative were Senators:

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

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

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

MONDAY, MARCH 9, 1987

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Those not voting were Senators:

Allgood Brown of 47th (excused) Coverdell Deal

Engram Newbill Scott of 2nd

Shumake Starr Stumbaugh

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 339.

SR 70. By Senator Hine of the 52nd:
A resolution creating the Joint Study Committee on Residential High Schools for the Arts.

The House substitute to SR 70 was as follows:

A RESOLUTION
Creating the Joint Study Committee on Residential High Schools for the Arts; and for other purposes.
WHEREAS, residential high schools for the arts have consistently sought and achieved excellence in education in their outstanding dedication to and ability in maintaining highquality programs in the arts, culture, music, drama, and creative writing; and
WHEREAS, there is a compelling need to determine whether the establishment of such schools in Georgia is necessary and appropriate, whether the establishment of such schools would be compatible with the Quality Basic Education Program, and to determine the cost of establishing such schools.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY that there is created the Joint Study Committee on Residential High Schools for the Arts to be composed of eight members as follows: one member of the Continuation Subcommittee of the Committee on Appropriations of the Senate, one member of the Senate Education Com mittee, one additional member of the Senate, and one member of the Georgia Council for the Arts who shall all be appointed by the President of the Senate; one member of the Continuation Subcommittee of the Committee on Appropriations of the House of Repre sentatives, one member of the House Education Committee, one additional member of the House of Representatives, and one member of the Georgia Council for the Arts who shall all be appointed by the Speaker of the House of Representatives. The chairman shall be elected by the members of the committee and shall call all meetings of the committee; pro vided, however, that the organizational meeting shall be called by the President of the Senate.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the con ditions, needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The legislative members of the committee shall receive the allowances authorized for legislative members of interim legisla tive committees but shall receive the same for not more than five days. Any member of the committee who is a citizen at large shall receive no compensation from state funds for his services but shall be reimbursed for his actual and necessary expenses incurred in the per formance of official committee business but shall receive the same for not more than five days. The funds necessary to carry out the provisions of this resolution shall come from the funds of the legislative branch of government. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such

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report shall be made on or before December 1, 1987, on which date the committee shall stand abolished.

Senator Mine of the 52nd moved that the Senate agree to the House substitute to SR 70.

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
rannnf ,u Brant Burton Coleman Coverdell Crumbley Dawkins Dean Echols

Edge English Fincher Foster Gillis Harris
Hine Howard Huggins Kennedy Kidd Land Langford McGill McKenzie

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

Those not voting were Senators:

Brown of 47th (excused) Deal Engram

Garner Harrison Hudgins

Scott of 2nd Starr Stumbaugh

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SR 70.

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

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.

The House amendment was as follows:

Amend the Senate substitute to HB 198 as follows: Delete the following words on page 2, beginning on line 5: "of at least 18 points".

Senator Barnes of the 33rd moved that the Senate agree to the House amendment to the Senate substitute to HB 198.

MONDAY, MARCH 9, 1987

1731

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 Bryant Burton Coleman Coverdell Crumbley Dawkins Dean Echols

Edge English Fincher Foster Garner Gillis Harris 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:

Brown of 47th (excused) Deal Engram

Harrison Hine

Shumake Starr

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 198.

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

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.

The Conference Committee report on HB 508 was as follows:

The Committee of Conference on HB 508 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 508 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Lawrence Stumbaugh Senator, 55th District
/s/ J. Nathan Deal Senator, 49th District

FOR THE HOUSE OF REPRESENTATIVES:
/a/ J. Crawford Ware Representative, 77th District
Is/ Joe T. Wood Representative, 9th District

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1st Harrill L. Dawkins Senator, 45th District

/s/ Denmark Groover Representative, 99th District

Conference Committee 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, 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 10 percent or more in any 12 month period; to provide exceptions; to authorize examinations in other rate filings; to prohibit the use of such rate until the exami nation is completed; 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 im pact 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 furnished to the General Assembly; to repeal conflict ing 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 neces sary 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

MONDAY, MARCH 9, 1987

1733

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 10 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; provided, however, that in the event the overall increase is less than 25 percent within any 12 month period and the Commissioner affirma tively determines that he has sufficient information to evaluate such rate increase and that the cost thereof would not be justified, he may waive all or part of such examination. 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 accor dance with the provisions of Chapter 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 Com missioner 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; provided, however, if the Commissioner makes an affirmative find ing 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 Sec tion 33-9-28, relating to hearings by the Commissioner upon failure of an insurer to correct 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,

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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 regard ing modifications in Georgia civil law may have a prospective effect upon the loss experience of insurers subject to this title and the Commissioner is authorized to prepare a study evalu ating 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 Stumbaugh of the 55th moved that the Senate adopt the Conference Commit tee report on HB 508.

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 Bryant Burton Coleman Crumbley Deal Dean Echols Edge

English Fincher Foster Gillis Harris Harrison Howard Hudgins 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

Those not voting were Senators:

Broun of 46th Brown of 47th (excused) Coverdell Dawkins

Engram Garner Hine

Huggins McKenzie Starr

MONDAY, MARCH 9, 1987

1735

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 508.
The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:
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.
Senator Barnes of the 33rd offered the following substitute to HB 557:
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 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 allow the employees of a trade or professional association to be covered under a group self-insurance fund estab lished by the members of such association; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, is amended by striking paragraph (2) of Code Section 34-9-1, relat ing to definitions concerning workers' compensation, and inserting in its place a new para graph (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

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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:
(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
(C) Such person provides a service or 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. Said chapter is further amended by striking paragraph (10) of Code Section 34-9-151, relating to definitions of terms regarding group self-insurance funds for workers' compensation, and inserting in its place a new paragraph (10) to read as follows:
"(10) 'Member' means an employer who is a member of a fund established by a trade association or professional association or by a group of municipalities, counties, school boards, or hospital authorities in accordance with this article. 'Member' also means a trade association or professional association which elects to cover its own employees under a fund established by its members."
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 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.

HB 815. By Representatives Adams of the 79th and Buck of the 95th:
A bill to amend Code Section 20-3-102 of the Official Code of Georgia Annotated, relating to exemptions from the "Postsecondary Educational Authorization Act of 1978", so as to change the provisions relating to the exemption for fully ac credited liberal arts colleges and universities.
Senate Sponsor: Senator Fincher of the 54th.

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

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

Those voting in the affirmative were Senators:

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

Coverdell Crumbley Dawkins Dean Echols Edge English Fincher Foster Garner

Gillis Harris Harrison Howard Hudgins Huggins Kennedy Kidd Land Langford

MONDAY, MARCH 9, 1987

1737

McGill McKenzie Olmstead Peevy Perry
Phillips

Ragan Ray Scott of 2nd Scott of 36th Shumake
Tate

Timmons Tolleson T lurner Tysmger
Walker

Those not voting were Senators:

Brown of 47th (excused) Coleman Deal

Engram Hine Newbill

Starr Stumbaugh

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

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

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.
Senate Sponsor: Senator Howard of the 42nd.

Senators Howard of the 42nd, Broun of the 46th and Hine of the 52nd offered the following amendment:

Amend HB 258 by striking line 4 of page 8 and inserting the following: "The scope of his license or the performing of hearing testing."

On the adoption of the amendment, the yeas were 38, 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 Barnes Bowen Brannon Broun of 46th
Sverdell Crumbley Dawkins Dean Echols Edge English Engram

Fincher Foster Garner Gillis Harris
Harrison Hine
Howard " ud * ins Hu^lnf 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

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JOURNAL OF THE SENATE

Those not voting were Senators:

Barker

Coleman

Brown of 47th (excused) Deal

Shumake Starr

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 797. By Representatives Lupton of the 25th and Hays of the 1st:
A bill to amend Chapter 3 of Title 30 of the Official Code of Georgia Annotated, relating to access to and use of governmental and public buildings and facilities by physically handicapped persons, so as to redefine terms; to change provisions relating to standards for buildings and facilities.
Senate Sponsor: Senator Albert of the 23rd.

Senator Howard of the 42nd offered the following amendment:

Amend HB 797 by striking line 33 of page 7 and inserting the following: "van having an overall height not exceeding 108";

and by striking line 6 of page 8 and inserting the following:

"van driver."

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 Barnes Bowen Brannon Broun of 46th B_BC.ourJylreta. omnntan Coverdell
Crumbley Dawkins Dean Echols Edge English

Engram Fincher Foster Garner Gillis Harris Harrison H1HH1oiunwdegairndjs Huggins
Kennedy Kidd Land Langford McGill McKenzie

Newbill Olmstead Peevy Perry Phillips Ragan ^ ofacccootttttt offt. 2o nAd Stumbaugh
late Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Barker

Deal

Brown of 47th (excused) Shumake

Starr

MONDAY, MARCH 9, 1987

1739

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 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.

Senate Sponsor: Senator Dawkins of the 45th.

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

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

MEMORANDUM

TO:

The Honorable Joe Mack Wilson, Chairman

House Ways and Means Committee

FROM:

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

DATE:

February 17, 1987

SUBJECT: Fiscal Note--House Bill 563 Increase Excise Tax for Public Accommodations

This Bill would allow counties and municipalities to increase the excise tax for public rooms, lodging, or accommodations from 3% to 5% of the charges to the public. The total taxes levied could not exceed 10% (increased from 8%); however, the additional 2% tax authority would be contingent upon the local governments expending an amount equal to at least 60% of the total taxes collected for promoting tourism, conventions, and trade shows through contractual agreements with the state or nonprofit organizations. The requirements for compliance with the provisions of the Bill are also outlined. It should be noted that the tax imposed above 3 ",'v could not become effective before the first day of the second month following adoption by the local governing authority. If passed, this Bill would become effec tive upon approval by the Governor or upon becoming law without such approval.

The fiscal impact of this Bill on counties and municipalities cannot be determined since the number of local governments that would elect to impose the tax and the rate of tax they would utilize could not be predicted. Based upon a report compiled by the Georgia Depart ment of Community Affairs, during fiscal year 1985, 16 counties and 46 municipalities re ported hotel/motel tax collections of $15,522,584. It should be noted that currently local governments have total discretion as to the use of the maximum 3% excise tax; however, an increase to 5%i could actually reduce the local governments' authority by 1%>, since 60% (3% of the maximum 5 %) has to be used to promote tourism, conventions, and trade shows through contracted services.

l&l G. W. Hogan State Auditor

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

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JOURNAL OF THE SENATE

The Senate Committee on Banking and Finance offered the following substitute to HB 563:
A BILL
To be entitled an Act 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 for rooms, lodgings, or accommodations, so as to change provisions relating to an exemption for accommodations furnished to government officials and employees traveling on official business; to require that a certain percentage of the taxes collected be expended for certain purposes; to increase the maximum rate of such taxes so long as a certain portion of the total taxes are used for certain purposes; to provide that such purposes shall be the promotion of tourism, conventions, and trade shows and the support of certain convention and trade show facilities; to provide for the manner of expenditure through contracts with government and private nonprofit entities and otherwise; to change the limitation on the maximum aggregate amount of taxes which under certain conditions may be levied; to pro vide for different rates for such taxes during certain periods of time in certain counties and municipalities and for other matters pertaining thereto; to provide for determination of compliance and for audits; to provide an effective date and for applicability; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. 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 for rooms, lodgings, or accommodations, is amended by striking subsection (a) in its entirety and sub stituting in lieu thereof a new subsection (a) to read as follows:
"(a) (1) The governing authority of each county and of each municipality in this state may levy and collect an excise tax upon the furnishing for value to the public of any room or rooms, lodging, or accommodations furnished by any person or legal entity licensed by, or required to pay business or occupation taxes to, the county or municipality for operating a hotel, motel, inn, lodge, tourist camp, tourist cabin, or any other place in which rooms, lodgings, or accommodations are regularly furnished for value. No tax shall be levied as provided in this Code section upon the fees or charges for any rooms, lodgings, or accommo dations furnished for a period of more than ten consecutive days or for use as meeting rooms. No tax shall be levied as provided in this Code section upon the fees or charges for any rooms, lodgings, or accommodations furnished for a period of one or more days for use by Georgia state or local government officials or employees when traveling on official busi ness. Except as provided in paragraphs (3) and (4) of this subsection, no tax levied pursuant to this Code section shall be levied or collected at a rate exceeding 3 percent of the charge to the public for the furnishings, nor shall the aggregate amount of taxes levied upon the fees or charges for any rooms, lodgings, or accommodations exceed 8 percent of the charge to the public for the furnishings.
(2) A county or municipality levying a tax as provided in paragraph (1) of this subsec tion shall in each fiscal year beginning on or after July 1, 1987, expend for the purpose of promoting tourism, conventions, and trade shows a percentage of the total taxes collected under this Code section which is not less than the percentage of such tax collections ex pended for such purposes during the immediately preceding fiscal year. In addition, if dur ing such immediately preceding fiscal year any portion of such tax receipts was expended for such purposes through a grant to or a contract or contracts with the state, a department of state government, a state authority, or a private sector nonprofit organization, then in each fiscal year beginning on or after July 1, 1987, at least the same percentage shall be expended through a contract or contracts with one or more such entities for the purpose of promoting tourism, conventions, and trade shows. The expenditure requirements of this paragraph

MONDAY, MARCH 9, 1987

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shall cease to apply to a county or municipality which levies a tax at a rate in excess of 3 percent, as authorized under paragraphs (3) and (4) of this subsection; and in such case the expenditure requirements of paragraph (3) or (4) of this subsection shall apply instead.
(3) Notwithstanding the provisions of paragraph (1) of this subsection, a county or mu nicipality may levy a tax under this Code section at a rate of 5 percent, and the aggregate amount of all taxes may be up to 10 percent. A county or municipality levying a tax pursu ant to this paragraph shall expend (in the fiscal year during which the tax is first collected at a rate in excess of 3 percent and at all times thereafter) an amount equal to the amount by which the total taxes collected under this Code section exceed the taxes which would be collected at a rate of 3 percent for the purpose of: (A) promoting tourism, conventions, and trade shows; (B) supporting a facility owned or operated by a state authority for convention and trade show purposes or any other similar or related purposes; (C) supporting a facility owned or operated by a local government or local authority for convention and trade show purposes or any other similar or related purposes, if a written agreement to provide such support was in effect on January 1, 1987, and if such facility is substantially completed and in operation prior to July 1, 1987; (D) supporting a facility owned or operated by a local government or local authority for convention and trade show purposes or any other similar or related purposes if construction of such facility is funded or was funded in whole or in part by a grant of state funds; or (E) for some combination of such purposes. Amounts so expended shall be expended only through a contract or contracts with the state, a depart ment of state government, a state authority, or a private sector nonprofit organization, or through a contract or contracts with some combination of such entities, except that amounts expended for purposes (C) and (D) may be so expended in any otherwise lawful manner.
(4) Notwithstanding any other provision of this subsection, a county having a popula tion of more than 550,000 according to the 1980 decennial census or any future such census, or a municipality having a population of more than 400,000 according to the 1980 decennial census or any future such census may levy a tax under this Code section for one continuous three-year period at a rate of 6 percent, and the aggregate amount of all taxes during such three-year period may be up to 11 percent. A county or municipality levying a tax pursuant to this paragraph shall expend (in each fiscal year during which the tax is collected at a rate of 6 percent) an amount equal to at least 60 percent of the total taxes collected under this Code section for the purpose of: (A) promoting tourism, conventions, and trade shows; (B) supporting a facility owned or operated by a state authority for convention and trade show purposes or any other similar or related purposes; (C) supporting a facility owned or oper ated by a local authority or local government for convention and trade show purposes or any other similar or related purposes, if a written agreement to provide such support was in effect on January 1, 1987, and if such facility is substantially completed and in operation prior to July 1, 1987; (D) supporting a facility owned or operated by a local government or local authority for convention and trade show purposes or any other similar or related pur poses if construction of such facility is funded or was funded in whole or in part by a grant of state funds; or (E) for some combination of such purposes. Amounts so expended shall be expended only through a contract or contracts with the state, a department of state govern ment, a state authority, or a private sector nonprofit organization, or through a contract or contracts with some combination of such entities, except that amounts expended for pur poses (C) and (D) may be so expended in any otherwise lawful manner. Any county or municipality which has once levied a tax pursuant to this paragraph (4) for a three-year period shall, at the end of such period, be authorized to levy a tax in the manner and at the rate authorized by any other applicable provisions of this Code section but shall not thereaf ter be authorized to again levy a tax under this paragraph (4).
(5) For purposes of this Code section, a 'private sector nonprofit organization' shall be a chamber of commerce, a convention and visitors bureau, a regional travel association, or any other private group organized for similar purposes which is exempt from federal income tax under Section 501(c) of the Internal Revenue Code of 1986.
(6) The determination as to whether a county or municipality has complied with the expenditure requirements of paragraph (2), (3), or (4) of this subsection shall be made for

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each fiscal year beginning on or after July 1, 1987, as of the end of each fiscal year, shall be prominently reflected in the audit required under Code Section 36-81-7, and shall be deter mined by: (A) calculating the amount of funds expended or contractually committed for expenditure as provided in paragraph (2), (3), or (4) of this subsection, whichever is applica ble, during the fiscal year; and (B) expressing such amount as a percentage of tax receipts under this Code section during such fiscal year. A county or municipality contractually ex pending funds to meet the expenditure requirements of paragraph (2), (3), or (4) of this subsection shall require the contracting party to provide audit verification that the con tracting party makes use of such funds in conformity with the requirements of this subsection.
(7) Nothing in this article shall be construed to limit the power of a county or munici pality to expend more than the required amounts, or all, of the total taxes collected under this Code section for the purposes described in paragraphs (2), (3), and (4) of this subsection.
(8) Nothing in this Code section shall be construed to impair, or authorize or require the impairment of, any existing contract or contractual rights.
(9) Any action by a local governing authority to increase the tax imposed under this Code section above 3 percent shall become effective no sooner than the first day of the second month following its adoption by the local governing authority."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 33, nays 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
RB,, ro"un","oIf 4A6t^h Burton Coverdell Crumbley Dawkins Deal Dean Echols

English Engram Fincher Foster Garner Harris
H,,H.marerison Howard Hudgins Kennedy K;dd Land Langford McGill

Newbill Olmstead Peevy Phillips Ragan Ray
SS0 ccootttt ooff,. 23,,,n6,,dt,h Stumbaugh Tate Timmons Tolleson Turner Tysinger Walker

Voting in the negative was Senator Edge.

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1743

Those not voting were Senators:

Brown of 47th (excused) Coleman Gillis

Huggins McKenzie Perry

Shumake Starr

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

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

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

Mr. President:

The House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate:

SB 159. By Senators Scott of the 2nd, Albert of the 23rd and Langford of the 35th:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to establish the State Children's Trust Fund and the State Children's Trust Fund Commission; to provide a short title; to define cer tain terms; to provide for the membership of the State Children's Trust Fund Commission and its powers and compensation.

SB 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 House has disagreed to the Senate substitutes to the following bills of the House:

HB 10. By Representatives Lucas of the 102nd, Coleman of the 118th, Hanner of the 131st and Ramsey of the 3rd:
A bill to amend Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to indemnification for law enforcement officers, firemen, and prison guards who are killed or permanently disabled in the line of duty, so as to provide the same indemnification with respect to publicly employed emergency medical technicians who are killed or permanently disabled in the line of duty after a certain date.

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.

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.

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The House insists on its position in substituting the following bill of the Senate:
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 House insists on its position in amending the following bills of the Senate:
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 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 following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:
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.
Senate Sponsor: Senator Harris of the 27th.

Senator Harris of the 27th offered the following substitute to HB 294:
A BILL
To be entitled an Act to amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, so as to provide that the Georgia State Patrol shall make certain unmarked pursuit vehicles available to the Georgia Public Safety Training Center to be used for training public safety officers; to provide procedures; to pro vide for a security police force within the Georgia Public Safety Training Center; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 35 of the Official Code of Georgia Annotated, relating to law enforce ment officers and agencies, is amended by adding at the end of Article 2 of Chapter 2, relating to the Georgia State Patrol, a new Code section, to be designated Code Section 352-57, to read as follows:
"35-2-57. When an unmarked pursuit vehicle used by the Georgia State Patrol for the purpose of enforcing the traffic laws of this state is first removed from the field and will no longer be used on a regular basis for pursuit purposes, the commissioner of public safety shall notify the administrator of the Georgia Public Safety Training Center and shall make

MONDAY, MARCH 9, 1987

1745

such pursuit vehicle available to such center for the purpose of training public safety officers pursuant to Chapter 5 of this title. Upon notification by the commissioner, the administra tor of the Georgia Public Safety Training Center shall be authorized to take immediate possession of any such pursuit vehicle."
Section 2. Said title is further amended by adding at the end of Chapter 5, relating to the Georgia Public Safety Training Center, a new Code section, to be designated Code Sec tion 35-5-7, to read as follows:
"35-5-7. (a) The administrator of the center, with the approval of the board, is author ized to establish a security police force within the Georgia Public Safety Training Center.
(b) While in the performance of their duties on property of the Georgia Public Safety Training Center, such security police shall have the same law enforcement powers, including the power of arrest, as a law enforcement officer of the local government with police jurisdic tion over such Georgia Public Safety Training Center."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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

The 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.

HB 742. By Representatives Manner of the 131st and Chambless of the 133rd:
A bill to amend Article 3 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to records checks of employees of day-care centers, so as to change definitions.
Senate Sponsor: Senator Langford of the 35th.

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

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

Those voting in the affirmative were Senators:

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

Echols Engram Fincher Garner Harris Harrison 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 Walker

Voting in the negative was Senator Hudgins.

Those not voting were Senators:

Allgood Brown of 47th (excused) Coverdell Edge

English Foster Gillis Hine

Howard Huggins Shumake Tolleson

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On the passage of the bill, the yeas were 42, nays 1.

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

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.
Senate Sponsor: Senator Kidd of the 25th.

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 Edward Hine, Jr.

State Senator

FROM:

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

DATE:

March 9, 1987

SUBJECT: Fiscal Note--House Bill 107 (Substitute) Sexually Transmissible Disease Provisions

This Bill revises the provisions relating to sexually transmissible diseases. Acquired im mune deficiency syndrome (AIDS) is specifically identified in addition to syphilis and gonor rhea as a sexually transmissible disease. Provisions for disease testing and the disclosure of test results are identified for cases involving minors as well as adults. These provisions would require nearly all blood tests performed in the state to include testing for AIDS. The procedures for the testing and treatment of pregnant women and newborn children are identified, and the Bill also provides provisions for immunity from liability. Judicial proce dures to enforce required testing and treatment and appeals procedures are also identified.

The exact fiscal impact of this Bill cannot be determined. The total number of addi tional tests on blood for AIDS cannot be predicted. Also, the additional judicial costs that could result from cases and appeals that may result due to this Bill cannot be estimated. It should be noted that the Centers for Disease Control (CDC) estimates that each test for AIDS performed by a private laboratory would cost approximately $25 if a negative result occurs and $55 to $60 if a positive result is indicated by the initial test. The Department of Human Resources has estimated that its state lab blood testing program would experience an increase in cost of approximately $2.2 million for materials and personnel to perform the required tests. In addition, the Department of Corrections has indicated that its costs would increase approximately $680,000 for testing and approximately $800,000 for medical care and counseling as a result of this Bill.

Is/ G. W. Hogan State Auditor

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

MONDAY, MARCH 9, 1987

1747

The Senate Committee on Human Resources offered the following substitute to HB 107:
A BILL
To be entitled an Act to amend Code Section 5-6-35 of the Official Code of Georgia Annotated, relating to cases in which application for appeal is required, so as to provide for appeals from orders issued pursuant to Code Section 31-17-4; to amend Chapter 9 of Title 31 of the Official Code of Georgia Annotated, relating to consent for surgical treatment, so as to provide for the disclosure of information obtained as a result of consented-to health care treatment, care, testing, procedures, or examination; to amend Chapter 17 of Title 31 of the Official Code of Georgia Annotated, relating to the control of venereal disease, so as to revise substantially that chapter in order to provide for the applicability of several provi sions thereof to sexually transmissible diseases; to provide for definitions; to provide for legislative declarations and findings; to require persons who undergo blood tests to be tested for acquired immune deficiency syndrome (AIDS); to provide an exception; to prohibit the disclosure of the results of such tests for acquired immune deficiency syndrome (AIDS); to provide exceptions; to require reports of sexually transmissible disease cases; to require cer tain afflicted persons to submit to certain measures and provide for judicial proceedings and jurisdiction to require such submission; to provide that certain orders may be subject to review; to provide for testing of pregnant women for sexually transmissible diseases; to pro vide for prophylactic treatment of newborn children regarding sexually transmissible dis ease; to provide for certain laboratory tests and results; to provide for treatment of minors having sexually transmissible diseases; to provide for the confidential and privileged nature of certain information regarding sexually transmissible diseases and afflicted persons and restrict the disclosure of that information and provide for exceptions thereto; to provide for departmental designation of sexually transmissible diseases and high-risk groups for such diseases; to provide for immunity from liability; to provide for criminal penalties; to provide for disciplinary sanctions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 5-6-35 of the Official Code of Georgia Annotated, relating to cases in which application for appeal is required, is amended by adding immediately follow ing paragraph (7) of subsection (a) thereof a new paragraph to read as follows:
"(7.1) Appeals from orders under Code Section 31-17-5 requiring persons afflicted with sexually transmissible diseases to submit to certain measures;".
Section 2. Chapter 9 of Title 31 of the Official Code of Georgia Annotated, relating to consent for surgical or medical treatments, is amended by adding at the end thereof a new Code Section to read as follows:
"31-9-8. (a) For purposes of this Code section, the term 'health care provider' means any person or entity furnishing health care to persons, including but not limited to any physician, osteopath, podiatrist, dentist, nurse, hospital, clinic, pathology laboratory, nurs ing home, medical research institution or project, governmental epidemiologic agency, or blood, organ, tissue, or semen bank.
(b) Subject to confidentiality provisions of law, consent validly obtained under this chapter to treatment, care, testing, procedures, or examination furnished by a health care provider shall be deemed to be a waiver of any privilege regarding the disclosure of informa tion obtained as a result of that treatment, care, testing, procedures, or examination where that disclosure is:
(1) Made to another health care provider or agent or employee thereof; and
(2) Reasonably medically necessary and appropriate for:
(A) Diagnosis, care, or treatment of the person about whom information is to be dis closed; or

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(B) Protection of the health and safety of the patient, the patient's spouse, other pa tients, or the health care provider or the provider's agents or employees."
Section 3. Chapter 17 of Title 31 of the Official Code of Georgia Annotated, relating to the control of venereal disease, is amended by striking that chapter in its entirety and in serting in its place a new chapter to read as follows:
"CHAPTER 17
31-17-1. As used in this chapter, the term:
(1) 'Afflicted person' means any person who, based on reasonable information or belief, is likely to be or is actually afflicted with a sexually transmissible disease.
(2) 'Sexually transmissible disease' means any of the following:
(A) Syphilis caused by Treponema pallidum;
(B) Gonorrhea caused by Neisseria gonorrhoeae;
(C) Human immune deficiency virus, causing acquiring immune deficiency syndrome (AIDS); and
(D) Such other diseases as determined by the Department of Human Resources under Code Section 31-17-11 to be sexually transmissible.
31-17-2. (a) Sexually transmissible diseases are declared to be dangerous to the public health, safety, and welfare.
(b) In order to ensure that sexually transmissible diseases will be reported as required by this chapter, and to protect the constitutional and common law right of privacy of af flicted persons and their contacts, the General Assembly finds that certain information re garding these diseases and afflicted persons should be made privileged and confidential and certain proceedings relating thereto shall be closed to the public.
31-17-3. Any person who undergoes a blood test in a physician's office, hospital, dispen sary, clinic, blood bank, or other medical facility, or at the direction of any physician, nurse, or other medical technician, shall be tested for acquired immune deficiency syndrome (AIDS) unless such person can provide evidence that he or she has undergone a blood test in this state within the immediately preceding 12 months. When a test given under this Code section has been determined to be or confirmed positive for acquired immune defi ciency syndrome (AIDS), the results of that test shall be privileged and confidential and shall not be disclosed, except that the following shall be notified:
(1) The department;
(2) The person to whom the test was given; and
(3) Any physician attending or giving care to the person to whom the test was given.
31-17-4. Any physician or other person who makes a diagnosis of or treats a case of sexually transmissible disease and any superintendent or manager of a hospital, dispensary, or charitable or penal institution in which there is discovered a case of sexually transmissi ble disease shall make a report of such case to the department in such form and manner as the department shall direct.
31-17-5. (a) Any authorized agent of the department or of a county board of health is authorized, when in that person's judgment it is necessary to protect the public health, safety, and welfare, to require any afflicted person to submit to examination, testing, treat ment, counseling, or any combination thereof, and, upon the afflicted person's refusal to submit thereto, may seek a court order under this Code section requiring such submission. For purposes of this Code section, the term 'court' means the superior court, which court shall have exclusive original jurisdiction over actions under this Code section.
(b) An application for a court order under this Code section shall be filed in the supe rior court of the county of residence of the afflicted person or the county where that person

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1749

is found and shall be filed with the clerk of that superior court. That clerk shall file and handle any such application and related papers in the same fashion and with the same confidentiality as required for adoption proceedings.
(c) An application for a court order under this Code section shall set out with specificity the following:
(1) Each reason for believing the afflicted person is reasonably likely to be afflicted with a sexually transmissible disease and the afflicted person's inclusion in any known high-risk group for such disease may be among the reasons but not the sole reason for such belief;
(2) The sexually transmissible disease with which the afflicted person is believed to be afflicted; and
(3) Any examination or testing required and the general terms of any required treat ment or counseling.
(d) An application or hearing under this Code section shall not require the disclosure of the identity of any alleged sexual or other contact who served as an informant regarding an afflicted person. The evidence of such informant, however, shall be received by an affidavit for in camera review by the court. Such affidavit shall specify:
(1) Whether such informant has had intimate sexual contact with the afflicted person;
(2) The nature of any such sexual contact; and
(3) Whether the informant has a sexually transmissible disease.
A copy of such affidavit, with the deletion of the informant's name and identity, shall be given at or prior to the hearing to the afflicted person or that person's counsel.
(e) Upon an application being filed under this Code section, the court shall have served on the afflicted person named in the application a copy of the application and shall require that person to show cause, at a hearing held by that court, why the application for the court order should not be granted.
(f) An afflicted person for whom an order is sought under this Code section shall have a right to counsel in any judicial proceeding under this Code section and if that person cannot afford counsel, the court shall appoint counsel for that person. The governmental entity on behalf of which the application is made for a hearing under this Code section shall pay the expenses for any appointed counsel therefor from any funds available to that entity. Coun sel shall be paid in the same manner in which attorneys are paid for hearings under Chapter 3 of Title 37, relating to mental health.
(g) Any hearing or proceeding by the court under this Code section shall be a nonjury hearing or proceeding held in camera and only court personnel, parties to the proceeding and their witnesses, and any counsel for the parties may be present. Information obtained at such hearing or proceeding shall be privileged and confidential.
(h) Upon a showing of probable cause by an applicant for an order at a hearing under subsection (g) of this Code section, which probable cause must include more evidence than the afflicted person's inclusion in a high-risk group for a sexually transmissible disease, the court may order and require appropriate examination, testing, treatment, counseling, or any combination thereof for an afflicted person.
(i) When reasonably necessary to carry out an order under subsection (h) of this Code section, the court may command any law enforcement agency to locate, restrain, and arrest the afflicted person subject to that order.
(j) Orders issued under subsection (h) of this Code section shall be reviewable on appeal pursuant to Code Section 5-6-35, except that any notice of appeal shall not act as a supersedeas for any order requiring testing, examination, treatment, counseling, or any combination thereof.
31-17-6. (a) The department may require every pregnant woman, or any special risk

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group of pregnant women as determined by the department under its rules and regulations, to submit to a standard serologic test or other appropriate tests to determine sexually trans missible diseases and may require any person attending or giving prenatal care to such wo man to take or cause to be taken a blood specimen for use in such test. Such specimens shall be submitted for laboratory testing in the manner prescribed by the department; and all laboratories conducting such tests shall comply with the rules, regulations, and reporting requirements prescribed therefor by the department.
(b) When a test given to a pregnant woman under subsection (a) of this Code section has been determined to be or confirmed positive for a sexually transmissible disease, the results of that test shall be privileged and confidential and may not be disclosed except to:
(1) The department;
(2) The pregnant woman to whom the test was given;
(3) Any physician attending or giving prenatal care to the pregnant woman to whom the test was given; and
(4) Any adoption or child placement agency, foster parents, or adoptive parents who have or seek to have legal custody of the child who was delivered or is to be delivered by the woman to whom the test was given, except that the identity of neither natural parent of the child may be disclosed, and the department by rule and regulation may specify additional conditions for any disclosure under this paragraph.
31-17-7. It shall be the duty of any person who shall be in attendance on any childbirth to apply to the child such prophylactic treatment as may be prescribed by the department to prevent blindness from gonococcus disease; to comply otherwise with such rules, regula tions, and reporting requirements as shall be prescribed by the department; and to employ such reasonable medical practices and procedures as are established by rules of the depart ment as being necessary to prevent or minimize the risk of disease from sexually transmissi ble disease.
31-17-8. All laboratories conducting any test for sexually transmissible diseases shall comply with the rules, regulations, and reporting requirements prescribed therefor by the department, but such laboratories shall not be authorized or required to perform any test for acquired immune deficiency syndrome as a part of or in connection with any test re quired for the issuance of a marriage license under Code Section 19-3-40. Such test results and records thereof shall be privileged and confidential and shall not be disclosed except to:
(1) The department;
(2) Any physician ordering such tests; and
(3) Any person on whom the test was performed.
31-17-9. (a) The consent to the provision of medical or surgical care or services by a hospital or public clinic or to the performance of medical or surgical care by a physician licensed to practice medicine, when such consent is given by a minor who is or professes to be afflicted with a sexually transmissible disease, shall be as valid and binding as if the minor had achieved the minor's majority, except that any such treatment shall involve pro cedures and therapy related to conditions or illnesses arising out of the sexually transmissi ble disease which gave rise to the consent authorized under this Code section. Any such consent shall not be subject to later disaffirmation by reason of minority. The consent of no other person or persons, including but not limited to a spouse, parent, custodian, or guard ian shall be necessary in order to authorize the provision to such minor of such medical or surgical care or services as are described in this subsection.
(b) The fact of a minor's having a sexually transmissible disease or consenting to or obtaining treatment therefor, if such fact arises out of actions by that minor pursuant to

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subsection (a) of this Code section, shall be privileged and confidential and may not be disclosed except to:
(1) Any physician or other member of the medical staff of a hospital or public health clinic, which physician or staff member is involved in providing that treatment;
(2) The parents, guardian, or custodian of a minor under 13 years of age;
(3) The minor who is the afflicted person; and
(4) The parents, guardian, or custodian of a minor between the ages of 13 and 18 if the treating physician determines such disclosure is necessary.
31-17-10. (a) Except as provided in subsection (b) of this Code section, the following information relating to an afflicted person's sexually transmissible disease shall be privileged and confidential:
(1) Test results;
(2) Records of treatment;
(3) History;
(4) Reports;
(5) Research data;
(6) The identity of the afflicted person;
(7) The identity of alleged sexual contacts of the afflicted person; and
(8) Information which would reveal the identity of either person specified in paragraphs (6) and (7) of this subsection.
(b) Information otherwise privileged and confidential under subsection (a) of this Code section may be disclosed if:
(1) That disclosure is authorized pursuant to any other provisions of this chapter;
(2) That disclosure is required by federal law, but only to the extent so required;
(3) That disclosure is substantially related to and necessary for the testing or treatment of the afflicted person;
(4) That disclosure is made by a physician pursuant to Code Section 20-9-40 or any other law authorizing a physician to disclose otherwise privileged information;
(5) That disclosure is for research purposes and does not reveal:
(A) The identity of the afflicted person;
(B) The identity of alleged sexual contacts of the afflicted person; or
(C) Information which would reveal the identity of either person specified in subparagraphs (A) and (B) of this paragraph;
(6) That disclosure is made to the afflicted person or a person designated in writing by the afflicted person to receive such information;
(7) That disclosure involves information regarding sexual assault or sexual exploitation of a child and is required to be reported pursuant to Code Section 19-7-5 or any other law requiring the reporting of such assault or exploitation of a child, but only to the extent that such disclosure is so required to be reported;
(8) That disclosure is made to the parent or guardian of a minor child unless the infor mation is discovered pursuant to and is privileged under Code Section 31-17-9; or
(9) That disclosure is made in the ordinary course of business to any employee or agent of the department, county board of health, hospital, laboratory, clinic, or other entity au thorized or required under this chapter to receive or report that information.

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31-17-11. (a) The department by rule and regulation may designate as a sexually trans missible disease any disease other than one specified in paragraphs (1) through (4) of sub section (a) of Code Section 31-17-1 only upon a finding by the department that the disease:
(1) Is principally transmitted by sexual contact;
(2) Causes significant morbidity or mortality for individuals or for the health of new born children; and
(3) (A) Can be cost effectively screened, diagnosed, counseled, and treated in a public health control program; or
(B) Is of major public health concern such that surveillance of the disease occurrence is in the public interest.
(b) The department by rule and regulation shall designate, based on appropriate epidemiological data, known high-risk groups for any sexually transmissible disease for purposes of this Code section.
31-17-12. (a) Information privileged and confidential under this chapter may not be disclosed pursuant to discovery proceedings, subpoena, or court order.
(b) Any disclosure authorized by this chapter or any unauthorized disclosure of infor mation or communications made privileged and confidential by this chapter shall not in any way abridge or destroy the confidential or privileged character thereof except for the pur poses for which any authorized disclosure is made. Any person making a disclosure author ized by this chapter shall not be liable therefor, notwithstanding any contrary provisions of law.
31-17-13. (a) Any person licensed under Title 43 who, in the performance of duties within the scope of practice as such licensee, violates any provision of this chapter may be subject therefor to any disciplinary sanction authorized under Code Section 43-1-19.
(b) Any institution licensed by the department under Chapter 7 of this title and any clinical laboratory licensed by the department under Chapter 22 of this title, which institu tion or laboratory violates any provision of this chapter may for that violation be subject to any disciplinary sanction by the department otherwise authorized against such licensees.
(c) Any person who violates any provision of this chapter, except with regard to any provision relating to departmentally designated sexually transmissible diseases under Code Section 31-17-11 or any departmentally imposed requirement, shall be guilty of a misdemeanor."
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Senators Garner of the 30th and Albert of the 23rd offered the following amendment:
Amend the substitute to HB 107 offered by the Senate Committee on Human Re sources by inserting on line 4 of page 1 between "31-17-4;" and "to" the following:
"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 supersedeas of the decision of the Department of Human Resources pending appeal; to pro vide procedures;".
By inserting on line 9 of page 2 between "sanctions;" and "to" the following:
"to provide an effective date;".
By inserting between line 19 and line 20 of page 2 the following:
"Section 1.1. Code Section 31-5-3 of the Official Code of Georgia Annotated, relating to appeals from final decisions of the Department of Human Resources, is amended by striking

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in its entirety paragraph (3) of subsection (a) and inserting in its place a new paragraph (3) to read as follows:
'(3) Appeal to the superior court shall be by petition which shall be filed in the clerk's office of such court within 30 days after the final order or action of the department; the petition shall set forth the names of the parties taking the appeal, the order, rule, regula tion, or decision appealed from, and the reason it is claimed to be erroneous. The enforce ment of the order or action appealed from shall be automatically stayed upon the filing of such petition unless the commissioner of human resources in his final order certifies that his decision if stayed will harm the public health and safety, in which case a reviewing court may order a stay only if the court makes a finding that the public health and safety will not be harmed by the issuance of the stay. Upon the filing of such petition, the petitioner shall serve on the commissioner a copy thereof in the manner prescribed by law for the service of process, unless such service of process is waived. The appeal shall be an appeal de novo to the superior court and the appealing party shall have a right to a jury trial and all rights provided under Chapter 11 of Title 9, the 'Georgia Civil Practice Act.' The superior court sfhroamll .r'"ender a decision approving, setting aside, or modifying the order or action appealed
By inserting between line 10 and line 11 of page 14 the following:
"Section 3.1. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval."

Senator Hine of the 52nd offered the following amendment:

Amend the substitute to HB 107 offered by the Senate Committee on Human Re sources by striking from lines 7 through 9 of page 2 the following:
"to provide for immunity from liability; to provide for criminal penalties; to provide for disciplinary sanctions;",
and inserting in their place the following:
"to provide an effective date;".
By striking lines 14 through 34 of page 13 and lines 1 through 10 of page 14 and in serting in their place the following:
"Section 3.1. This Act shall become effective only when the funds necessary to carry out its purposes are appropriated by the General Assembly."

Senator Barnes of the 33rd moved that HB 107 be placed on the Table.

Senator Kidd of the 25th moved that the previous question be ordered.

On the motion offered by Senator Barnes of the 33rd, which takes precedence, 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:

Barnes Brannon Broun of 46th Coleman Coverdell Crumbley Dawkins Deal

Echols Foster Gillis Harrison Howard Huggins McKenzie Newbill

Peevy Perry Ragan Ray Starr Tolleson Turner Tysinger

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JOURNAL OF THE SENATE

Those voting in the negative were Senators:

Albert Allgood Baldwin Barker Bowen Bryant Burton Dean Edge English

Engram Fincher Garner Harris Hine Hudgins Kennedy Kidd Land Langford

McGill Olmstead Phillips Scott of 2nd Scott of 36th Shumake Stumbaugh Tate Timmons Walker

Not voting was Senator Brown of the 47th (excused).

On the motion, the yeas were 24, nays 30; the motion was lost, and HB 107 was not placed on the Table.

On the motion offered by Senator Kidd of the 25th, the yeas were 38, nays 0; the mo tion prevailed, and the previous question was ordered.

On the adoption of the amendment offered by Senators Garner of the 30th and Albert of the 23rd to the substitute to HB 107 offered by the Senate Committee on Human Re sources, the yeas were 39, nays 4, and the amendment was adopted.

On the adoption of the amendment offered by Senator Hine of the 52nd to the substi tute to HB 107 offered by the Senate Committee on Human Resources, the yeas were 43, nays 1, and the amendment was adopted.

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

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

On the passage of the 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 Deal Dean Edge English Engram Fincher

Foster Garner Gillis Harris Harrison Hine Hudgins Huggins Kidd Land Langford McGill Olmstead

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

Those voting in the negative were Senators:

Broun of 46th Bryant

Coleman Coverdell

Crumbley Dawkins

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Echols Howard Kennedy

McKenzie Newbill

Peevy Tysinger

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

On the passage of the bill, the yeas were 40, nays 13.

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

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

HB 10. By Representatives Lucas of the 102nd, Coleman of the 118th, Hanner of the 131st and Ramsey of the 3rd:
A bill to amend Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to indemnification for law enforcement officers, firemen, and prison guards who are killed or permanently disabled in the line of duty, so as to provide the same indemnification with respect to publicly employed emergency medical technicians who are killed or permanently disabled in the line of duty after a certain date.

Senator Turner of the 8th moved that the Senate insist upon the Senate substitute to HB 10.

On the motion, the yeas were 36, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 10.

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.

Senator Hudgins of the 15th moved that the Senate insist upon the Senate substitute to HB 290.

On the motion, the yeas were 37, nays 1; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 290.

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

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.

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The House substitute to SB 96 was as follows:
A BILL
To be entitled an Act to amend Title 49 of the Official Code of Georgia Annotated, relating to social services, so as to provide that the Department of Human Resources shall have subpoena power to secure income and other financial information relative to the eligi bility of recipients in instances of alleged fraud by recipients of food stamps and public assistance; to provide for related matters; to provide that the Department of Human Re sources shall not be authorized to prescribe, question, or regulate the specific content of educational 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 day-care homes and day-care centers to post telephone numbers of the nearest or applicable providers of emer gency medical, fire, or police services; to provide certain space requirements for group daycare 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. Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended by adding a new Code section immediately following Code Section 49-4-15, to be designated Code Section 49-4-15.1, to read as follows:
"49-4-15.1. The department may examine any books, papers, or memoranda reflecting the income of, or financial records bearing upon the determination of the eligibility of, re cipients in instances of alleged fraud by recipients of food stamps and public assistance. This process may be implemented by means of a subpoena which may be issued by a de partmental hearing examiner who has at least five years' actual experience in conducting hearings and issuing compulsory process and who, in addition, shall be a member in good standing of the State Bar of Georgia. In order to consider the issuance of such subpoenas, the director of the department's office of fraud and abuse must personally make application in writing to such hearing examiner specifying why such information is necessary. If issued, such subpoenas shall compel the production of relevant documents. Subpoenas shall be served in the same manner as if issued by a superior court. If any person fails to obey a subpoena issued and served under this Code section with respect to any matter germane to the department's investigation, on application of the department, through the commissioner of human resources or his duly authorized representative, the superior court of the county in which the documents were required to be produced may issue an order requiring the person to comply with the subpoena and to provide the relevant documents."
Section 2. Said title is further amended by adding at the end of subsection (b) of Code Section 49-5-12, relating to licensing and inspection of private and public child welfare agencies and facilities, three new paragraphs, to be designated paragraphs (5), (6), and (7), to read as follows:
"(5) The department shall not be authorized to prescribe, question, or regulate the spe cific content of educational curriculum taught or specify 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 to designate in writing to the department a daily two-hour period after school during which 25 square feet of usable space per child for children aged three years and older may be pro vided. Notwithstanding the provisions of this paragraph, all other applicable rules and regu lations shall apply."
Section 3. Said title is further amended by striking paragraph (1) of subsection (e.l) of

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Code Section 49-5-12, relating to licensing and inspection of private and public child welfare agencies and facilities, and inserting in its place a new paragraph (1) to read as follows:
"(1) Noncompliance with the Rules and Regulations for Day Care Centers, Family Day Care Homes 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 4. All laws and parts of laws in conflict with this Act are repealed.
Senator Kidd of the 25th moved that the Senate disagree to the House substitute to SB 96.
On the motion, the yeas were 38, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SB 96.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has disagreed to the Senate amendment to the following bill of the House:
HB 1070. By Representatives Triplett of the 128th, Johnson of the 123rd, Mueller of the 126th, Alien of the 127th and Hamilton of the 124th: A bill to amend an Act creating the office of Chatham County Tax Commis sioner, so as to provide that the Commissioners of Chatham County shall pay the costs of any supplies, equipment, and employees necessary for performance of the tax commissioner.
The House has agreed to the Senate amendments, to the House substitutes, to the fol lowing bills of the Senate:
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.
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 House has agreed to the Senate substitute, as amended by the House, to the fol lowing bill of the House:
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.

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JOURNAL OF THE SENATE

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 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 Speaker has appointed on the part of the House, Representatives Thurmond of the 67th, Davis of the 45th and Alien of the 127th.
The House adheres to its position in insisting on its amendment, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following resolution of the Senate:
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.
The Speaker has appointed on the part of the House, Representatives Bray of the 91st, Lee of the 72nd and Holmes of the 28th.
The following bill of the House was taken up for the purpose of considering the House action thereon:
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.
Senator Kidd of the 25th moved that the Senate insist upon the Senate substitute to HB 269.
On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 269.
The following general bill of the house, favorably reported by the committee, was read the third time and put upon its passage:
HB 812. By Representatives Bannister of the 62nd, Barnett of the 59th, Wood of the 9th and others:
A bill to amend Code Section 3-3-7 of the Official Code of Georgia Annotated, relating to local authorization and regulation of sales of alcoholic beverages on Sunday, so as to provide that the governing authorities of certain counties and

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municipalities may authorize the sale of alcoholic beverages during certain hours on Sundays.
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 Barker Barnes Bowen Broun of 46th *ryant, ,. CDoavwekridnesll Dean
Echols English Engram Fincher Garner

Gillis Harris Harrison Hine Howard Hudgins " uggln,s KKiedndnedy Land
Langford McGill McKenzie Newbill Olmstead

Peevy Perry Phillips Ragan j^av Scott of 2nd Scott of 36th S,,,humak. e Stumbaugh
Tate Timmons Tolleson Tysinger Walker

Those voting in the negative were Senators:

Baldwin Brannon Burton

Crumbley Deal Edge

Foster Starr

Those not voting were Senators:

Brown of 47th (excused) Coleman

Turner

On the passage of the bill, the yeas were 44, nays 8.

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 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.

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JOURNAL OF THE SENATE

The House substitute to SB 159 was as follows:
A BILL
To be entitled an Act to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to 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; to require the Department of Human Resources to develop criteria for determining eligibility for funds to be used for child abuse and neglect prevention; to pro vide for the appropriation of funds to and the disbursement of funds from the State Chil dren's Trust Fund for child abuse and neglect prevention programs; to provide for grants to private nonprofit or public organizations; to require such organizations to meet certain crite ria; to provide for administration of the State Children's Trust Fund by the director of the Fiscal Division of the Department of Administrative Services; to provide for the investment of trust fund money; to provide that an amount equal to certain collections shall be appro priated to the State Children's Trust Fund; to provide for disbursement of trust fund money; to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Anno tated, relating to clerks of superior courts so as to provide an additional fee in divorce cases; to provide for the disposition of such fees; to provide a penalty for the delinquent remission of moneys; to amend Article 3 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to costs in the probate courts and compensation of probate judges, so as to provide an additional fee for issuing a marriage license; to provide for the disposition of such fees; to provide a penalty for delinquent remission of moneys; to provide an effective date; to provide a termination date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 19 of the Official Code of Georgia Annotated, relating to domestic rela tions, is amended by adding at the end thereof a new Chapter 14 to read as follows:
"CHAPTER 14
ARTICLE 1
19-14-1. This chapter shall be known and may be cited as the 'Child Abuse and Neglect Prevention Act.'
19-14-2. As used in this chapter, the term:
(1) 'Child' means a person under 18 years of age.
(2) 'Child abuse' means harm or threatened harm to a child's health or welfare by a person responsible for the child's health or welfare, which harm occurs or is threatened through nonaccidental physical or mental injury or the commission of a crime involving physical or sexual abuse of a child.
(3) 'Commission' means the State Children's Trust Fund Commission created in Code Section 19-14-3.
(4) 'Neglect' means harm to a child's health or welfare by a person responsible for the child's health or welfare which occurs through negligent treatment, including the failure to provide adequate food, clothing, shelter, or medical care.
(5) 'Prevention program' means a system of direct provision of child abuse and neglect prevention services to a child, parent, or guardian and may include research or educational programs related to prevention of child abuse and neglect.
(6) 'Trust fund' means the State Children's Trust Fund established in Code Section 1914-20.
19-14-3. (a) There is established the State Children's Trust Fund Commission which is assigned to the Department of Human Resources for administrative purposes only, as pre scribed in Code Section 50-4-3.
(b) The State Children's Trust Fund Commission shall consist of 15 members ap pointed by the Governor and confirmed by the Senate. Members shall be appointed for

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terms of four years, their initial appointments, however, being five for four-year terms, five for three-year terms, and five for two-year terms. State officers or employees may be ap pointed to the commission unless otherwise prohibited by law; provided, however, that one citizen member shall be appointed from each congressional district. As a group, the citizen members shall demonstrate knowledge in the area of child abuse and neglect prevention and, to the extent practicable, shall represent private nonprofit agencies or individual pro fessions which have special expertise or community involvement specifically in the area of child abuse prevention, professional providers of child abuse and neglect prevention ser vices, and volunteers in child abuse and neglect prevention services.
(c) In the event of death, resignation, disqualification, or removal for any reason of any member of the commission, the vacancy shall be filled in the same manner as the original appointment and the successor shall serve for the unexpired term.
(d) The initial terms for all members shall begin September 1, 1987.
(e) Membership on the commission does not constitute public office and no member shall be disqualified from holding public office by reason of his membership.
(f) The Governor shall designate a chairperson of the commission from among the members, which chairperson shall serve in that position at the pleasure of the Governor. The commission may elect such other officers and committees as it considers appropriate.
(g) The commission, with the approval of the Governor, may employ such professional, technical, or clerical personnel as deemed necessary to carry out the purposes of this chap ter. Such personnel may be members of the classified service of the State Merit System of Personnel Administration as defined in paragraph (2) of Code Section 45-20-2.
19-14-4. Members of the commission shall serve without compensation but 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 commission is in attendance at a meeting of such commis sion, 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. Such expense and travel allowance shall be paid in lieu of any per diem, allowance, or other remuneration now received by any such member for such attendance. Expense allowances and other costs authorized in this Code section shall be paid from moneys in the trust fund.
19-14-5. (a) The commission shall do all of the following:
(1) Meet at such times and places as it shall determine necessary or convenient to per form its duties. The commission shall also meet on the call of the chairperson or the Governor;
(2) Maintain minutes of its meetings;
(3) Adopt rules and regulations for the transaction of its business;
(4) Accept applications for disbursements of available money from the trust fund for child abuse and neglect prevention purposes;
(5) Maintain records of all expenditures of the commission, funds received as gifts and donations, and disbursements made from the trust fund; and
(6) Conform to the standards and requirements prescribed by the state auditor pursu ant to Chapter 6 of Title 50.
(b) The commission shall utilize existing state resources and staff of participating de partments whenever practicable.
19-4-6. The commission may recommend to the Governor and the General Assembly changes in state programs, statutes, policies, budgets, and standards which will reduce the problem of child abuse and neglect, improve coordination among state agencies that provide prevention services, and improve the condition of children and parents or guardians who are in need of prevention program services.

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JOURNAL OF THE SENATE

19-14-7. The commission may accept federal funds granted by Congress or executive order for the purposes of this chapter as well as gifts and donations from individuals, pri vate organizations, or foundations. The acceptance and use of federal funds does not com mit state funds and does not place an obligation upon the General Assembly to continue the purposes for which the federal funds are made available. All funds received in the manner described in this Code section shall be transmitted to the director of the Fiscal Division of the Department of Administrative Services for deposit in the trust fund to be disbursed as other moneys in such trust fund.
19-14-8. The Department of Human Resources under the direction of the commissioner of human resources and the Board of Human Resources shall develop and furnish to the commission criteria for determining eligibility for receipt of disbursements from the trust fund.
19-14-9. (a) The commission may authorize the disbursement of available money from the trust fund after appropriation thereof to an entity or program eligible pursuant to the criteria of the Department of Human Resources for exclusively the following purposes, which are listed in the order of preference for expenditure:
(1) To fund a private nonprofit or public organization in the development or operation of a prevention program if at least all of the following conditions are met:
(A) The organization demonstrates a broad-based community involvement emphasizing volunteer efforts and a demonstrated expertise in child abuse prevention issues;
(B) The organization demonstrates an ability to match, through money or in-kind ser vices, 50 percent of the amount of any trust fund money received. The amount and types of in-kind services are subject to the approval of the commission;
(C) The organization demonstrates a willingness and ability to provide program models and consultation to organizations and communities regarding program development and maintenance; and
(D) Other conditions that the commission may deem appropriate;
(2) To fund services or facilities connected with child abuse and neglect prevention; and
(3) To fund the commission created in Code Section 19-14-3 for the actual and neces sary operating expenses that the commission incurs in performing its duties.
(b) Authorizations for disbursement of trust fund money under paragraph (3) of subsec tion (a) of this Code section shall be kept at a minimum in furtherance of the primary purpose of the trust fund which is to disburse money under paragraphs (1) and (2) of sub section (a) of this Code section to encourage the direct provision of services to prevent child abuse and neglect.
(c) No funds shall be disbursed from the trust fund to any organization or other entity or for any purpose authorized in subsection (a) of this Code section until approved by the Governor; provided, however, that the Governor may not authorize the disbursement of funds to an organization or other entity which the commission has not recommended for a grant.
(d) Notwithstanding any other provisions of this chapter to the contrary, no funds shall be disbursed from the trust fund prior to July 1, 1988, except to pay operating expenses of the commission pursuant to paragraph (3) of subsection (a) of this Code section.
ARTICLE 2
19-14-20. The State Children's Trust Fund is created as a separate fund in the state treasury. The fund shall be expended only as provided in this chapter.
19-14-21. (a) The director of the Fiscal Division of the Department of Administrative Services shall credit to the trust fund all amounts appropriated or donated to such trust fund. All funds appropriated to or otherwise paid into the trust fund shall be presumptively

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concluded to have been committed to the purpose for which they have been appropriated or paid and shall not lapse.
(b) An amount equal to all funds paid into the general treasury pursuant to Code Sec tions 15-6-77.4 and 15-9-60.1 in the immediately preceding year shall be appropriated to the State Children's Trust Fund to implement and carry out the provisions of this chapter. This subsection shall be subject to the normal appropriation process.
19-14-22. The director of the Fiscal Division of the Department of Administrative Ser vices shall invest trust fund money in the same manner in which state funds are invested as authorized by the State Depository Board pursuant to Article 3 of Chapter 17 of Title 50.
19-14-23. After determining that a disbursement should be made pursuant to Code Sec tion 19-14-9 and after approval of such disbursement by the Governor, the commission shall forward a certified copy of the order granting the payment to the Fiscal Division of the Department of Administrative Services, which shall be authorized to draw a warrant or war rants upon the State Children's Trust Fund to pay the amount of the disbursement from such trust fund."
Section 2. Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, is amended by adding between Code Sections 15-6-77.3 and 15-6-78 a new Code Section 15-6-77.4 to read as follows:
"15-6-77.4 (a) In addition to any fees required in Code Sections 15-6-77, 15-6-77.2, and 15-6-77.3 and Code Section 47-14-51, for filing each divorce case, the clerk of superior court shall charge an additional fee of $5.00. Each clerk of the superior court shall collect the additional fees for divorce cases as provided in this Code section and shall pay such moneys over to the commissioner of revenue by the last day of the month there following, to be deposited by him into the general treasury. The commissioner of revenue shall, on a quar terly basis, make a report and accounting of all funds collected pursuant to this article and shall submit such report and accounting to the Office of Planning and Budget and the Leg islative Budget Office no later than 30 days after the last day of the preceding quarter.
(b) When any such person whose duty it is to collect and pay over such moneys fails to remit the sums within 60 days of the date they are required to be paid over, the same shall be delinquent and there may be imposed, in addition to the principal amount due, a specific penalty in the amount of 5 percent of said principal amount per month for each month during which the money is continued to be delinquent, not to exceed a total of 25 percent of the principal amount."
Section 3. Article 3 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to costs in the probate courts and compensation of probate judges, is amended by adding between Code Sections 15-9-60 and 15-9-61 a new Code Section 15-9-60.1 to read as follows:
"15-9-60.1. (a) In addition to any fees required in Code Section 15-9-60 for receiving marriage applications, issuing marriage licenses, and recording relative thereto, the judge of the probate court shall charge an additional fee of $2.00 for issuing a marriage license. No amount of this additional fee shall be paid into the Judges of the Probate Courts Retire ment Fund of Georgia provided for in Chapter 11 of Title 47 nor be used for the purpose of calculating retirement benefits for judges of the probate courts. Each judge of the probate court shall collect the additional fees for issuing marriage licenses as provided in this Code section and shall pay such moneys over to the commissioner of revenue by the last day of the month there following, to be deposited by him into the general treasury. The commis sioner of revenue shall, on a quarterly basis, make a report and accounting of all funds collected pursuant to this article and shall submit such report and accounting to the Office of Planning and Budget and the Legislative Budget Office no later than 30 days after the last day of the preceding quarter.
(b) When any such person whose duty it is to collect and pay over such moneys fails to remit the sums within 60 days of the date they are required to be paid over, the same shall be delinquent and there may be imposed, in addition to the principal amount due, a specific

1764

JOURNAL OF THE SENATE

penalty in the amount of 5 percent of said principal amount per month for each month during which the money is continued to be delinquent, not to exceed a total of 25 percent of the principal amount."
Section 4. The purpose of this Act is to implement the amendment to the Constitution authorizing the creation of a State Children's Trust Fund (Ga. L. 1986, p. 1631).
Section 5. The provisions of this Act shall become effective on July 1, 1987. Section 6. This Act shall be repealed in its entirety effective July 1, 1995. Section 7. All laws and parts of laws in conflict with this Act are repealed.
Senator Scott of the 2nd moved that the Senate agree to the House substitute to SB 159 as amended by the following amendment:
Amend the House substitute to SB 159 by striking from page 9, line 10, the following: "$5.00", and inserting in lieu thereof the following: "$15.00"; and By striking from page 10, line 7, the following: "$2.00", and inserting in lieu thereof the following: "$8.00".

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
Brant Burton Coleman Coverdell
Crumbley Deal Echols Edge English Engram

Fincher Foster Garner Gillis Harris Harrison Hine
HWard " ud & ins HuWTM Kennedy
Kidd Land Langford McGill McKenzie Newbill

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

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

Dean

On the motion, the yeas were 52, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 159 as amended by the Senate.

MONDAY, MARCH 9, 1987

1765

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 March 6, which is included in the Journal of March 6.

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.

No Senator requested the name of any appointee be deleted.

On the confirmation of the appointees, 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 Garner Gillis Harris Harrison Howard Hudgins Huggins Kennedy Kidd Land

Langford McGill McKenzie Newbill Olmstead Peevy Perry Ragan Ray Scott of 36th Shumake Starr Timmons Tolleson Tysinger Walker

Those not voting were Senators:

Brown of 47th (excused) Hine Phillips

Scott of 2nd Stumbaugh

Tate Turner

On the confirmation, the yeas were 48, nays 0, and all the appointees were confirmed.

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

Office of Secretary of the Senate 353 State Capitol
Atlanta, Georgia 30334
March 9, 1987
Honorable Joe Frank Harris Governor State Capitol Atlanta, Georgia
Dear Governor Harris:
Under the rules of the Georgia State Senate governing confirmation of appointments submitted by you, I have the honor to report to you as follows:

1766

JOURNAL OF THE SENATE

Nominations sent to the Senate by you on March 6, 1987, were acted upon by the Geor gia State Senate in session on March 9, 1987, with the following results:
Honorable Billy Brooks of Gwinnett County as a member of the Georgia Board of Ath letic Trainers, for the term of office beginning February 27, 1987, and ending January 31, 1990. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
The following named persons as members of the Georgia Board of Athletic Trainers, for the term of office beginning February 27, 1987, and ending January 31, 1992: Kay Lynette Edgecombe, R.N., of DeKalb County; and Warren G. Morris of Clarke County. The vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
Honorable Bishop J. D. Husband of Fulton County as a member of the State Board of Barbers, for the term of office beginning December 31, 1986, and ending June 30, 1989. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
Honorable Arvis E. Shead, Sr., of Cobb County as a member of the State Board of Barbers, for the term of office beginning February 9, 1987, and ending July 25, 1989. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
Honorable T. Felton Denney of Carroll County as a member of the State Forestry Com mission, for the term of office beginning February 4, 1987, and ending January 1, 1994. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
Honorable Ernest W. Cloud, Jr., of Grady County as a member of the State Board of Funeral Service, for the term of office beginning February 18, 1987, and ending February 13, 1993. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
The following named persons as members of the Georgia Board of Nursing, for the term of office beginning January 21, 1987, and ending September 23, 1989: Betty C. Blake of Fayette County; and Julia L. Perkins of Cobb County. The vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
Honorable Charles Hamilton of Richmond County as a member of the State Board of Examiners in Optometry, for the term of office beginning December 31, 1986, and ending July 1, 1989. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
Honorable Edward Menifee, Sr., of Fulton County as a member of the State Board of Polygraph Examiners, for the term of office beginning December 31, 1986, and ending June 30, 1990. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
Honorable Terrell Craven of Cherokee County as a member of the State Board of Poly graph Examiners, for the term of office beginning January 28, 1987, and ending July 15, 1989. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
Honorable William E. Johnson of Richmond County as a member of the State Board of Polygraph Examiners, for the term of office beginning January 28, 1987, and ending July 15, 1990. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
Honorable Anne Bell of Fulton County as a member of the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists, for the term of office beginning March 4, 1987, and ending December 31, 1987. The vote on this confir mation was yeas 48, nays 0, and the nominee was confirmed.
Honorable Johnnie R. Miller of DeKalb County as a member of the Professional Stan dards Commission, for the term of office beginning December 31, 1986, and ending Novem ber 19, 1989. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
The following named persons as members of the Professional Standards Commission, for the term of office beginning March 9, 1987, and ending November 19, 1989: Eugene Harper of Ben Hill County; Floyd Toth, Ph.D., of Lowndes County; Joe Richardson, Ph.D., of Fulton County; Mimi Holland of Clayton County and Roy Nichols, Ed.D., of Cobb

MONDAY, MARCH 9, 1987

1767

County. The vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
Honorable Gary McConnell of Chattooga County as a member of the Board of Public Safety, for the term of office beginning February 4, 1987, and ending January 20, 1990. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
The following named persons as members of the State Board of Recreation Examiners, for the term of office beginning February 27, 1987, and ending July 1, 1989: Joe Murray Rivers of Chatham County; and Ed Nelson of Bulloch County. The vote on this confirma tion was yeas 48, nays 0, and the nominees were confirmed.
Honorable David Word of Fulton County as a member of the State Board of Registra tion for Certification of Water and Wastewater Treatment Plant Operators and Laboratory Analysts, for the term of office beginning February 26, 1987, and ending August 17, 1987. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
Sincerely,
Is/ Hamilton McWhorter, Jr. Secretary of the Senate

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

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 Conference Committee report on HB 226 was as follows:

The Committee of Conference on HB 226 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 226 be adopted.
Respectfully submitted,

FOR THE SENATE:
Is/ Terrell A. Starr Senator, 44th District
/s/ Joseph E. Kennedy Senator, 4th District
Is/ Thomas F. Allgood Senator, 22nd District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Lauren McDonald, Jr. Representative, 12th District
/s/ Larry Walker Representative, 115th District
Is/ Terry L. Coleman Representative, 118th District

Conference Committee substitute to HB 226:

A BILL
To be entitled an Act to make and provide appropriations for the State Fiscal Year beginning July 1, 1987, and ending June 30, 1988; to make and provide such appropriations for the operation of the State government, its departments, boards, bureaus, commissions, institutions, and other agencies, and for the university system, common schools, counties, municipalities, political subdivisions and for all other governmental activities, projects and undertakings authorized by law, and for all leases, contracts, agreements, and grants author ized by law; to provide for the control and administration of funds; to provide an effective date; to repeal conflicting laws; and for other purposes.

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JOURNAL OF THE SENATE

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 1987, and ending June 30, 1988, as prescribed hereinafter for such fiscal year, from funds from the Federal Government and the General Funds of the State, includ ing unappropriated surplus and a revenue estimate of $5,782,000,000 for State Fiscal Year 1988.
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

$20,439,128 $9,290,054 . $3,487,847 $1,363,890
$118,800 . . . . . $6,000 ........ $0 . . . $468,150
$437,000 $428,000 . . . . $68,864 $643,000 . $224,599 . $2,557,424 $141,700 . $71,000 $1,132,800 ........ $0
$20,439,128 $20,439,128

Senate Functional Budgets

Total Funds

State Funds

Senate and Research Office

$

Lt. Governor's Office

$

Secretary of the Senate's Office

$

Total

$

House Functional Budgets

3,856,269 482,534
1,031,466 5,370,269

3,856,269 482,534
1,031,466 5,370,269

Total Funds

State Funds

House of Representatives and Research Office Speaker of the House's Office Clerk of the House's Office Total

$ $ $ $ Joint Functional Budgets

8,149,028 310,081
1,060,042 9,519,151

8,149,028 310,081
1,060,042 9,519,151

Total Funds

State Funds

Legislative Counsel's Office Legislative Fiscal Office Legislative Budget Office Ancillary Activities Total

1,988,618 1,513,742
841,686 1,205,662 5,549,708

1,988,618 1,513,742
841,686 1,205,662 5,549,708

MONDAY, MARCH 9, 1987

1769

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 Office of Legislative Budget Ana lyst and for the Legislative Fiscal Office; for compiling, publishing and distributing the Acts of the General Assembly and the Journals of the Senate and the House of Representatives; for Code Revision; for the annual report of the State Auditor to the General Assembly; for equipment, supplies, furnishings, repairs, printing, services and other expenses of the Legis lative Branch of Government; and for payments to Presidential Electors. 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 Government, and the payment and receipt of such allowances shall not be in violation of any law.

The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Com mittee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs which payments are made from funds appropriated to the Legislative Branch of Government with a view towards determining which are legiti mate legislative expenses and which should be paid from other appropriations.

Section 2. Department of Audits.

Budget Unit: Department of Audits ................................ $11,917,096

Operations Budget:

Personal Services................................................ $10,023,924

Regular Operating Expenses

$332,100

Travel ............................................................ $660,000

Motor Vehicle Purchases............................................ $121,446

Publications and Printing ............................................ $28,700

Equipment Purchases................................................ $53,500

Per Diem, Fees and Contracts ........................................ $81,000

Real Estate Rentals ................................................ $366,857

Computer Charges ................................................. $213,700

Telecommunications ................................................. $35,869

Total Funds Budgeted ........................................... $11,917,096

State Funds Budgeted ........................................... $11,917,096

PART II.

JUDICIAL BRANCH

Section 3. Supreme Court. Budget Unit: Supreme Court........................................ $3,654,950

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JOURNAL OF THE SENATE

Section 4. Court of Appeals. Budget Unit: Court of Appeals . . . . .
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 ............
Section 6. Juvenile Courts. Budget Unit: Juvenile Courts .........................
Section 7. Institute of Continuing Judicial Education. Budget Unit: Institute of Continuing Judicial Education . Institute's Operations............................... Georgia Magistrate Courts Training Council ..........
Section 8. Judicial Council. Budget Unit: Judicial Council ......................... Council Operations ................................. Payments to Judicial Administrative Districts for Case Counting ................................... Board of Court Reporting ...........................
Section 9. Judicial Qualifications Commission. Budget Unit: Judicial Qualifications Commission ........
Section 10. Council of Magistrate Court Judges. Budget Unit: Council of Magistrate Court Judges
Section 11. Council of Probate Court Judges. Budget Unit: Council of Probate Court Judges.........
Section 12. Council of State Court Judges. Budget Unit: Council of State Court Judges ...........
PART III.
EXECUTIVE BRANCH
Section 13. Department of Administrative Services. A. Budget Unit: Department of Administrative Services
Administration and Services 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 ...................... Rents and Maintenance Expense ................... Utilities .......................................... Postage .......................................... Payments to DOAS Fiscal Administration ...........

$4,075,070
$33,298,469 $31,691,205 . . . $667,787
$117,789 $71,399 . $735,289 . . . . $15,000
$277,268
$467,268 $376,250 . . $91,018
$725,175 $629,565
. . . $70,500 ... $25,110
. $106,000
. . $20,000
$20,000
. . . . . $9,500
$38,427,229
$37,626,628 $7,466,219 . $248,000 . $299,500
$153,000 . $1,876,285
$8,332,700 . $3,242,583
$619,960 . . $405,700 $16,356,200
$31,100 . $268,000 . $1,959,300

MONDAY, MARCH 9, 1987

1771

Direct Payments to Georgia Building Authority for

Capital Outlay .............................................. ......... $0

Direct Payments to Georgia Building Authority for

Operations.................................................. ......... $0

Telephone Billings ............................................ $29,750,000

Materials for Resale

$10,032,800

Public Safety Officers Indemnity Fund

$608,800

Health Planning Review Board Operations

$50,000

Georgia Golf Hall of Fame Operations

$30,000

Authorities Liability Reserve Fund

......... $0

Grants to Counties and Municipalities

$6,800,000

Total Funds Budgeted

$126,156,775

State Funds Budgeted

$38,427,229

Department of Administrative Services Functional Budgets

State Properties Commission Departmental Administration Treasury and Fiscal
Administration Central Supply Administration Procurement Administration General Services Administration Space Management Administratiioon Data Processing Services Motor Vehicle Services Communication Services Printing Services Surplus Property Services Mail and Courier Services Risk Management Services Total

Total Funds

$

352,751

$ 2,340,811

$ 16,288,904

$ 10,465,714

$ 2,535,892

$

611,621

$

506,856

$ 46,128,814

$ 2,613,870

$ 35,996,681

$ 4,984,741

$ 1,328,550

$

510,075

$ 1,491,495

$ 126,156,775

State Funds

$

352,751

$ 2,270,966

$ 14,329,604

$

0

$ 2,492,052

$

0

$

506,856

$ 12,775,000

$

0

$ 5,700,000

$

0

$

0

$

0

$

0

$ 38,427,229

uilding Authority ;y Budget: Personal Services Regular Operating Expemnsses .............. Travel ........... Motor Vehicle Purchases. ................ Publications and Printinig ................ Equipment Purchases Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Conittrracts ............ Capital Outlay Utilities ............. Contractual Expense Fuel Facilities Renovations nd Repairs ........ Total Funds Budgeted State Funds Budgeted

............. $0
..... $18,187,542 $4,355,200
.......... $14,600 ......... $30,000 ......... $55,500 ........ $271,100 ......... $70,000 .......... $8,500
...... $105,400 $152,800
......... $740,000 ....... $7,680,100
$249,000 .......... $40,000 .............. $0 ...... $31,959,742 .............. $0

1772

JOURNAL OF THE SENATE

Georgia Building Authority Functional Budgets

Total Funds

Grounds

$ 1,983,265

Custodial

$ 4,613,084

Maintenance

$ 4,808,318

Security

$ 4,637,825

Van Pool

$

191,236

Sales

$ 3,980,929

Administration

$ 10,843,088

Railroad Excursions

667,997

Facility Renovations

0

Hazardous Materials Agency

234,000

Undistributed Total

0 31,959,742

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 .......................... Renovation, Construction, Repairs and Maintenance Projects at Major and Minor Markets Capital Outlay ..................................... Contract--Federation of Southern Cooperatives ....... Tick Control Program .............................. Poultry Indemnities ................................ Total Funds Budgeted ............................. State Funds Budgeted .............................

Department of Agriculture Functional Budgets

Total Funds

Plant Industry Animal Industry

$ 3,890,349 $ 6,490,888

State Funds 0 0 0 0 0 0 0 0 0 0 0 0
$31,934,965
$27,109,849 $2,386,656 ... $877,000 .... $649,875 . . . . $684,000
$524,593 . . $450,657 ... $730,920
$380,099 . $432,136 $600,000
$2,037,160
$1,521,603 $547,000 . . $91,000
... $75,000 . $155,000
.... $420,000
. . $465,000 $30,000
. . $60,000 .... $50,000
. $100,000 $40,377,548 $31,934,965
State Funds $ 3,448,256 $ 6,119,328

MONDAY, MARCH 9, 1987

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

2,017,537 3,296,645 4,251,074 1,384,652 2,702,665 5,723,573 4,142,024 4,229,183
323,685 1,925,273 40,377,548

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 ........................ 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. Budget Unit: Department of Community Affairs State Operations Budget: Personal Services.................................... Regular Operating Expenses.......................... Travel ............................................. Motor Vehicle Purchases............................. Publications and Printing ............................ Equipment Purchases ...............................

1773
2,011,490 3,296,645 4,178,132 1,384,652 2,695,665 4,510,116 1,715,476
755,235 0
1,819,970 31,934,965
....... $0
$498,560 $118,000 ... $7,500 ....... $0 . $17,300
$4,923
$7,400 $29,000
$0 $79,662 $762,345 ..... $0
$5,328,257
$4,390,709 $206,000
. $321,198 $40,000 $13,000 $15,900 $128,950 $175,500 $35,000
. . . . $2,000 $5,328,257 $5,328,257
$7,829,342
$4,651,566 . . $144,474
$184,514 . . . . $7,500 . $95,850 . $18,789

1774

JOURNAL OF THE SENATE

Computer Charges ............... Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Capital Felony Expenses Contracts with Area Planning
and Development Commissions Local Assistance Grants Appalachian Regional Commission
Assessment .................... Community Development Block
Grants (Federal) Juvenile Justice Grants (Federal) Grant--Richmond County Economic Development Grants Payment to Georgia 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 $ 3,785,126 $ 2,494,964 $ 32,947,474 $ 1,141,324 $ 40,368,888

Section 17. Department of Corrections. A. Budget Unit: Administration, Institutions and Probation
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 ............................................. Court Costs. ......................................... County Subsidy ...................................... County Subsidy for Jails .............................. County Workcamp Construction Grants ................ Grants for Local Jails ................................ Central Repair Fund ................................. Payments to Central State Hospital for Meals .......... Payments to Central State Hospital for Utilities ........ Payments to Public Safety for Meals................... Inmate Release Fund ................................. Health Services Purchases ............................ Payments to MAG for Health Care Certification ........

$26,600 . $364,068
$59,503 $103,680 . . . . $50,000
$1,400,000 $968,500
$139,000
$30,000,000 $1,000,000 ........ $0
$770,000
$384,844 $40,368,888 $7,829,342
State Funds
3,728,126
1,247,407
1,882,520
971,289
7,829,342
$258,125,381 $186,170,055 $21,661,157
$1,238,761 $865,000
. . $284,000 . $3,634,462 .... $920,588
$2,800,914 .. $2,040,750 . . $1,503,437 . . $2,067,000
$8,346,400 . $350,000 $9,855,000 .... $368,438 $2,000,000 . . $600,000 . $600,000 $2,942,150 . $1,495,480 . . . . $300,000 . $950,000 $13,277,568 ..... $47,749

MONDAY, MARCH 9, 1987

1775

University of Georgia--Cooperative Extension Service Contracts .......................
Minor Construction Fund .................. Authority Lease Rentals Grant to Richmond County ................ Total Funds Budgeted Indirect DOAS Funding Georgia Correctional Industries State Funds Budgeted

Departmental Functional BudgJepttsg

?otal Funds

General Administration

$ 11,729,081

Adult Facilities and Programs

$ 18,255,733

Training

$ 1,582,568

Georgia Training and Development Center

$ 1,720,286

Georgia Industrial Institute

$ 8,657,863

Georgia Diagnostic and Evaluation Center

$ 9,806,734

Georgia State Prison

$ 18,517,481

Consolidated Branches

$ 15,354,439

Middle Georgia Correctional Institution

$ 22,884,975

Jack T. Rutledge Correctional Institution

$ 3,689,440

Central Correctional Institution

$ 3,312,516

Metro Correctional Institution

$ 4,280,356

Coastal Correctional Institution

$ 4,585,287

Central Funds

$ 9,396,087

D.O.T. Work Details

$

769,384

Food Services

$ 14,245,088

Farm Services

$ 6,113,756

Dodge Correctional Institution

$ 3,460,379

Transitional Centers

$ 4,058,230

Augusta Correctional and Medical Institution

$ 6,399,752

Health Care

$ 24,600,735

Rogers Correctional Institution

$ 4,175,706

Burruss Correctional and Training Facility

$ 3,375,468

Rehabilitation Programs

$ 17,856,409

Federal Grants

$

0

Probation Administration

$

855,489

Probation Field Services

$ 36,609,136

Probation Diversion and Detention Centers

$ 8,309,431

Total

$ 264,601,809

$262,900 ............. $0 ............. $0 ......... $20,000 . . . . $264,601,809 ........ $450,000 ............. $0
$258,125,381

State Funds $ 11,279,081 $ 18,042,233 $ 1,538,024

$ 1,720,286 $ 8,657,863

$ 9,806,734 $ 18,517,481 $ 15,274,439 $ 22,884,975

$ 3,689,440

$ 3,312,516

$ 4,280,356

$ 4,585,287

$ 9,396,087

$

0

$ 13,567,088

$ 6,113,756

$ 3,460,379

$ 4,058,230

$ 6,399,752 $ 24,600,735 $ 4,175,706

$ 3,375,468

$ 17,856,409

$

0

$

855,489

$ 33,209,136

$ 7,468,431 $ 258,125,381

1776

JOURNAL OF THE SENATE

B. Budget Unit: Board of Pardons and Paroles .............. Board of Pardons and Paroles 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 ........................... County Jail Subsidy Total Funds Budgeted .................................. State Funds Budgeted ..................................

Section 18. Department of Defense. Budget Unit: Department of Defense ...................... 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 ............................................... Grants to Locals--Emergency Management Assistance . . . . . Grants--Others ........................................ Georgia Military Institute Grant......................... Civil Air Patrol Contract ............................... Capital Outlay Grants to Armories ............. Repairs and Renovations................................ Total Funds Budgeted State Funds Budgeted ..................................

Department of Defense Functional Budgets

Total Funds

Office of the Adjutant General Georgia Emergency Management Agency

2,649,542 1,877,800

Georgia Air National Guard

3,233,115

Georgia Army National Guard

5,375,813

Total

13,136,270

Section 19. State Board of Education--Department of Education. Budget Unit: Department of Education Operations: Personal Services.......................................... Regular Operating Expenses................................ Travel ................................................... Motor Vehicle Purchases................................... Publications and Printing ..................................

$18,170,715
$14,884,561 $411,183
. $438,100 . $117,000
. . . . $51,000 . $218,269 . $168,000
$1,063,090 $376,500
. . . . $96,000 . . $347,012 $18,170,715 $18,170,715
. $4,367,476
$7,025,543 . $1,791,719
$67,650 . . . . $50,000
$43,050 . . $79,300 . . . . . $9,350
$8,200 $81,480 . . $164,600 . $1,683,378 . $1,420,000 $42,000 $18,000 . . $42,000 ........ $0 . . $535,000 ... $75,000 $13,136,270 $4,367,476

State Funds

> 1,142,310

>

885,989

>

442,999

i 1,896,178

> 4,367,476

$2,199,029,592
$36,543,998 . . $3,186,483 . . . . $1,123,335
$80,000 ...... $497,012

MONDAY, MARCH 9, 1987
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 Professional Development Media.............................................. Indirect Cost ....................................... Pupil Transportation Isolated Schools..................................... Local Fair Share .................................... Other Categorical Grants: Equalization Formula................................ Sparsity Grants ..................................... In School Suspension ................................ Special Instructional Assistance Middle School Incentive Special Education Low-Incidence 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) ................................ Supervision and Assessment of Students and Beginning
Teachers and Performance-Based Certification Regional Education Service Agencies Georgia Learning Resources System ................... High School Program 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... ........................... Health Insurance for Non-
Certificated Personnel Health Insurance for Retired Teachers

1777
. $290,968 $6,902,150 $2,203,582 . . . $615,382 $10,489,631
$991,165
. . $561,478,619 . . $474,980,446 . . $245,181,747
$69,575,612 . . . $81,377,370 . . $152,778,774
$16,598,395 $22,031,977 . . . . $7,395,825 $23,027,563 . . . $77,930,205 . $418,531,761 $101,065,399
$936,193 $(381,072,432)
. $101,896,110 $400,000
........... $0 $1,000,000 $3,000,000
...... $100,000
. . . $78,364,380 $1,700,000
. $20,531,560 . . . . $1,472,000 . . . $27,816,083
$121,090,490 . . . $21,502,822
. . . . $5,340,238 . . . . $5,813,142 . . . . $1,984,022 . . . $12,267,566 . . . . $2,581,128
$913,920 $1,044,000 . $2,860,000 ...... $366,540 . . . . $4,230,276 $8,539,061 . . . . $4,424,861 ...... $746,975 $3,497,926

1778

JOURNAL OF THE SENATE

Grants to Local School Systems

for Educational Purposes ...................................... $78,000,000

Child Care Lunch Program (Federal) ............................. $14,261,645

Chapter II--Block Grant Flow Through ............................ $8,702,655

Payment of Federal Funds to Postsecondary

Vocational Education .......................................... $10,440,540

Program for the Handicapped 0 to 2 years old ............................. $0

Innovative Programs

$548,000

Technology Grants ................................................. $500,000

Limited English-Speaking Students Program

$250,000

Total Funds Budgeted ......................................... $2,480,927,100

Indirect DOAS Services Funding

$340,000

State Funds Budgeted ......................................... $2,199,029,592

Education Functional Budgets

Total Funds

Instructional Services

$ 7,617,716

Governor's Honors Program

$

859,671

Vocational Education

$ 5,679,353

Public Library Services

$ 1,902,790

State Administration

$ 9,668,045

Administrative Services

$ 9,766,101

Planning and Development

$ 12,053,728

Professional Standards Commission

$

224,831

Professional Practices Commission

$

494,176

Local Programs

$ 2,418,003,394

Georgia Academy for the Blind

$ 4,015,819

Georgia School for the Deaf

$ 6,553,202

Atlanta Area School for the Deaf

$ 4,088,274

Total

$ 2,480,927,100

State Funds

$ 4,730,821

$

844,671

$ 2,445,567

$

844,683

$ 8,501,937

$ 6,412,068

$ 10,872,812

$

224,831

$

494,176

$ 2,149,600,527

$ 3,873,335

$ 6,372,735

$ 3,811,429

$ 2,199,029,592

Section 20. Employees' Retirement System. Budget Unit: Employees' Retirement System ................................ $0 Employees' Retirement System Budget: Personal Services................................................... $885,753 Regular Operating Expenses.......................................... $11,300 Travel .............................................................. $7,500 Motor Vehicle Purchases................................................. $0 Publications and Printing ............................................ $23,000 Equipment Purchases ................................................ $5,100 Computer Charges ................................................. $259,000 Real Estate Rentals ................................................ $115,706 Telecommunications ................................................. $26,500 Per Diem, Fees and Contracts ....................................... $583,200 Postage ............................................................ $67,500 Benefits to Retirees ..................................................... $0 Employer Contribution .................................................. $0 Total Funds Budgeted ............................................ $1,984,559 State Funds Budgeted ................................................... $0

Section 21. Forestry Commission. Budget Unit: Forestry Commission ................................. $32,167,480 State Operations Budget:

MONDAY, MARCH 9, 1987

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 for Southern Forest World Ware County Grant for Road Maintenance Wood Energy Program ................................ Capital Outlay ........................................ Total Funds Budgeted State Funds Budgeted

Forestry Commission Functional Budgets

Total Funds

Reforestation

4,099,268

Field Services

30,923,984

Wood Energy

51,500

General Administration and Support

2,328,673

Total

37,403,425

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 Total State Funds Budgeted

Georgia Bureau of Investigation Functional Budgets

Total Funds

Administration

3,071,917

Drug Enforcement

5,859,937

Investigative

9,976,366

Georgia Crime Information Center

5,687,396

1779
$24,986,730 . $5,652,973 . . . $145,415 . $1,571,112
$88,000 $2,534,695 . . . . $69,091 .... $29,928
$686,135 $268,346 $250,000
$300,000 $30,000 $60,000 .... $51,500 $679,500 $37,403,425 $32,167,480
State Funds
1,172,016 28,622,291
51,500 2,321,673
32,167,480
$30,211,102
$21,122,305 . . $2,015,279
$602,075 $811,000 $119,845 . . . . $574,000 ... $857,000 . . $1,775,757 $1,598,841 ... $40,000 . . . . $479,000 . . . . . $93,000 $73,000 $50,000 $30,211,102 $30,211,102
State Funds
3,071,917 5,859,937 9,976,366 5,687,396

1780

JOURNAL OF THE SENATE

Undistributed
Total Forensic Sciences Division Budget: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Publications and Printing Equipment Purchases Computer Charges Telecommunications Per Diem, Fees and Contracts Utilities ....................... Postage ....................... Total Funds Budgeted Total State Funds Budgeted

$ 24,595,616 $ 24,595,616
........................ $4,466,586 .......................... $477,900 ........................... $39,000 ........................... $77,000 ............................ $8,000 .......................... $241,000 .......................... $140,000 .......................... $117,000 ............................ $9,000 ........................... $35,000 ............................ $5,000 ........................ $5,615,486 ........................ $5,615,486

Section 23. Georgia State Financing

and Investment Commission.

Budget Unit: Georgia State Financing and Investment Commission

$0

Departmental Operations Budget:

Personal Services................................................. $1,037,718

Regular Operating Expenses.......................................... $31,100

Travel .............................................................. $9,000

Motor Vehicle Purchases................................................. $0

Publications and Printing ............................................. $1,200

Equipment Purchases ................................................ $3,000

Computer Charges .................................................. $12,000

Real Estate Rentals ................................................. $99,344

Telecommunications

$11,000

Per Diem, Fees and Contracts ....................................... $115,000

Total Funds Budgeted ............................................ $1,319,362

State Funds Budgeted ................................................... $0

Section 24. Office of the Governor. Budget Unit: Office of the Governor 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 Operations Mansion Allowance .............. Governor's Emergency Fund Intern Stipends and Travel ...... Art Grants of State Funds Art Grants of Non-State Funds Humanities Grant--State Funds Total Funds Budgeted State Funds Budgeted

$16,213,709 . $7,523,717
$246,000 $146,000 ........ $0 $148,000 $50,000 $108,000 . . . $587,189 $189,000 $59,009,000 . $2,613,891 $40,000 . $2,500,000 $153,000 $2,500,000 $366,000 . . . . $50,000 $76,229,797 $16,213,709

MONDAY, MARCH 9, 1987

1781

Office of the Governor Functional Budgets

Total Funds

Governor's Office Office of Fair Employment Practices Office of Planning and Budget

$ 5,306,891

$

752,652

$ 4,093,733

Council for the Arts

$ 3,442,591

Office of Consumer Affairs

$ 1,909,650

State Energy Office

$ 59,508,656

Governor's Committee on Post Secondary Education

$

167,630

Consumers' Utility Counsel

$

481,834

Criminal Justice Coordinating Council

$

391,293

Vocational Education Advisory Council

$

174,867

Total

$ 76,229,797

State Funds

$ 5,306,891

$

691,439

$ 3,991,152

$ 2,960,581

$ 1,909,650

$

313,239

$

167,630

$

481,834

$

391,293

$

0

$ 16,213,709

Section 25. 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 Payments to DMA--Community Care Service Benefits for Children Special Purpose Contracts Total Funds Budgeted Indirect DOAS Services Funding State Funds Budgeted .......................

$390,192,516
. $43,572,788 $2,025,664
. . $1,241,400 ......... $0 ... $248,610
$390,650 . $2,398,360 . $4,410,080
. $884,883 . $35,760,040
$276,500 .... $852,480 ......... $0 ......... $0
$6,898,000 .. $6,470,574
$215,000 $105,645,029 . . . . $638,300 . $47,532,353

General Administration and Support Functional Budgets

Total Funds

Commissioner's Office

$

757,303 $

Administrative Appeals

$ 1,080,652 $

Administrative Policy, Coordination, and Direction

$

302,836 $

Personnel

$ 8,416,765 $

Indirect Cost

$

0$

Facilities Management

$ 4,696,486 $

Public Affairs

$

450,434 $

Community/Intergovernmental Affairs

$

497,862 $

State Funds 757,303
1,080,652
302,836 8,374,239 (5,639,765) 3,178,600
450,434 497,862

1782

JOURNAL OF THE SENATE

Budget Administration Financial Services Auditing Services Special Projects Office of Children and Youth Planning Councils Community Services Block Grant 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 Aging Services Aging Administration State Health Planning
and Development Agency Total

1,561,735 4,810,644 1,857,762
495,000 6,714,826
440,787 8,966,618
751,390 2,026,421
799,424 2,662,171
403,797 792,876 4,329,522 13,999,622 2,870,264 32,102,600 2,685,520
1,171,712 105,645,029

1,561,735 4,610,644 1,857,762
495,000 6,405,683
133,579 0
751,390 2,006,421
471,655 813,720 403,797 602,893 272,973 2,290,490 2,657,664 10,930,652 1,145,422
1,118,712 47,532,353

2. Public Health Budget:

Personal Services................................................ $38,722,829

Regular Operating Expenses...................................... $48,650,665

Travel .......................................................... $1,046,873

Motor Vehicle Purchases............................................. $20,000

Publications and Printing ........................................... $318,995

Equipment Purchases

$405,554

Computer Charges ................................................. $655,883

Real Estate Rentals ................................................ $650,580

Telecommunications ................................................ $587,850

Per Diem, Fees and Contracts

$17,406,454

Utilities ............................................................... $0

Postage ............................................................ $86,410

Crippled Children Clinics

$559,000

Grants for Regional Intensive Infant Care

$4,936,795

Grants for Regional Maternal and Infant Care

$2,055,000

Midwifery Program Benefits

$1,765,000

Crippled Children Benefits

$7,142,000

Kidney Disease Benefits ............................................ $400,000

Cancer Control Benefits .......................................... $2,532,000

Benefits for Medically Indigent High-Risk Pregnant

Women and Their Infants ...................................... $5,299,000

Family Planning Benefits

$302,000

Grant-In-Aid to Counties ........................................ $53,220,094

Purchase of Service Contracts ....................................... $562,000

Special Purpose Contracts ........... ............................ $6,345,000

Total Funds Budgeted .......................................... $193,669,982

Indirect DOAS Services Funding .................................... $549,718

MONDAY, MARCH 9, 1987

1783

State Funds Budgeted ..........

$113,180,123

Public Health Functional Budgets

Total Funds

Director's Office

$

729,277

Employees' Health

$

327,570

Health Program Management

$ 1,058,815

Vital Records

$ 1,981,216

Health Services Research

$

687,430

Primary Health Care

$

784,546

Stroke and Heart Attack Prevention

$ 1,907,366

Epidemiology

$ 1,700,557

Immunization

$

469,330

Sexually Transmitted Diseases

$ 1,574,092

Community Tuberculosis Center

$ 1,284,709

Family Health Management

$ 8,196,179

Infant and Child Health

$ 8,398,732

Maternal Health--Perinatal

$

209,243

Family Planning

$ 9,493,243

Malnutrition

$ 53,135,760

Dental Health

$ 1,659,801

Children's Medical Services

$ 11,381,296

Chronic Disease

$ 1,334,123

Diabetes

$

628,316

Cancer Control

$ 3,454,168

Environmental Health

$

959,912

Laboratory Services

$ 4,571,340

Emergency Health

$ 2,603,056

District Health Administration

$ 9,395,601

Newborn Follow-Up Care

$ 1,304,337

Sickle Cell, Vision and Hearing

$ 1,171,340

High-Risk Pregnant Women and Infants

$ 7,532,022

Grant in Aid to Counties

$ 50,525,054

Teenage Pregnancy Prevention

$

275,000

Community Health Management

$ 2,220,096

Community Care

$ 2,716,455

Total

$ 193,669,982

State Funds

$

532,052

$

292,570

$

973,815

$ 1,882,088

$

464,612

$

756,631

$ 1,377,366

$

756,980

$

0

$

318,264

$ 1,284,709

$ 2,997,031

$ 8,252,678

$

7,798

$ 4,760,231

$

0

$ 1,449,626

$ 8,608,681

$ 1,334,123

$

628,316

$ 3,454,168

$

421,140

$ 4,446,340

$ 1,442,753

$ 9,265,926

$

892,387

$ 1,171,340

$ 7,532,022

$ 45,193,902

$

275,000

$ 1,322,580

$ 1,084,994

$ 113,180,123

3. Rehabilitation Services Budget: Personal Services .............. Regular Operating Expenses Travel ........................ Motor Vehicle Purchases Publications and Printing Equipment Purchases .......... Computer Charges .............

...... $58,871,401 $12,139,963
....... $773,769 ..... $137,000
......... $129,100 ... $1,013,022
....... $1,629,019

1784

JOURNAL OF THE SENATE

Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Utilities Capital Outlay Postage ............................ Institutional Repairs and Maintenance Case Services ....................... E.S.R.P. Case Services Special Purpose Contracts Purchase of Services Contracts ....... Total Funds Budgeted Indirect DOAS Services Funding State Funds Budgeted

Rehabilitation Services Functional Budgets

Program Direction and Support Grants Management State Rehabilitation Facilities Roosevelt Warm Springs Institute Georgia Factory for the Blind Disability Adjudication Production Workshop District Field Services Independent Living Sheltered Employment Community Facilities Bobby Dodd Workshop Total

Total Funds

$ 3,439,711

$

642,427

$ 5,373,197

$ 16,475,570

$ 14,834,937

$ 29,025,949

$ 1,012,901

$ 34,525,599

$

461,243

$ 1,160,427

$ 5,106,256

$

409,900

$ 112,468,117

4. 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 .............................. Cash Benefits Grants to County DFACS--Operations Service Benefits for Children Special Purpose Contracts Total Funds Budgeted Indirect DOAS Services Funding State Funds Budgeted .................

$2,505,650 $1,469,410 $5,403,047 $1,088,200 ......... $0
$485,680 $30,700 $20,652,000 . $50,000 . . $312,000 .. $5,778,156 $112,468,117 $100,000 $21,461,945

State Funds

$ 1,503,069

$

530,225

$ 1,087,320

$ 4,132,023

$

577,266

$

0

$

0

$ 7,312,826

$

261,243

$

541,817

$ 5,106,256

$

409,900

$ 21,461,945

$12,782,906 $363,470
. . . . $392,000 ......... $0
$749,900 $103,103 $12,608,036 . . $226,015 . . $8,188,727 . . $929,500
$9,100 .... $978,830 $270,776,238 $160,786,085
$39,787,179 $5,370,200 $514,051,289 $2,339,882 $208,018,095

MONDAY, MARCH 9, 1987

1785

Family and Children Services Functional Budgets

Total Funds

Refugee Benefits

$ 1,408,000

AFDC Payments

$ 256,818,238

SSI--Supplemental Benefits

$

4,000

Energy Benefits

$ 13,400,000

County DFACS OperationsSocial Services

$ 44,563,531

County DFACS OperationsEligibility

$ 65,729,738

County DFACS OperationsJoint and Administration

$ 42,804,666

County DFACS Operations-- Homemakers Services

$ 6,099,507

Food Stamp Issuance

$ 3,100,000

Director's Office

$

736,236

Administrative Support

$ 3,080,063

Regional Administration

$ 3,448,805

Public Assistance

$ 5,422,637

Management Information Systems

$ 15,392,728

Social Services

$ 2,026,169

Indirect Cost

$

0

Employability Benefits

$ 3,441,099

Legal Services

$ 1,100,000

Family Foster Care

$ 17,501,000

Institutional Foster Care

$ 1,724,000

Specialized Foster Care

$

485,700

Adoption Supplement

$ 1,711,000

Day Care

$ 17,602,680

Home Management--Contracts

$

150,000

Outreach--Contracts

$

737,000

Special Projects

$ 1,040,227

Program Support

$ 2,935,622

County DFACS Operations-- Employability Program

$ 1,588,643

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

$ 514,051,289

State Funds

$

0

$ 91,466,684

$

4,000

$

0

$ 23,521,110

$ 32,825,540

$ 21,743,268

$ 5,518,107

$

0

$

736,236

$ 2,601,046

$ 3,448,805

$ 1,946,037

$ 6,034,586

$ 2,026,169

$ (8,000,000)

$

946,443

$

875,000

$ 11,526,396

$ 1,207,587

$

240,757

$ 1,666,891

$ 3,285,528

$

48,816

$

233,836

$ 1,035,627

$ 2,087,485

$

992,141

$ 208,018,095

$153,949,924 .... $63,179,762 . . . . . $3,454,042 ....... $157,000
$1,446,605 $1,912,329 . . . . $17,291,298 ..... $7,792,325 ..... $3,871,643

1786

JOURNAL OF THE SENATE

Per Diem, Fees ard 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

Benefits for Medically Indigent High-Risk Pregnant

Women and Their Infants ......................

Family Planning Benefits

Midwifery Program Benefits

Grant-In-Aid to Counties

Payments to DMA--Community Care

Service Benefits for Children

Case Services

E.S.R.P. Case Services ............................

Cash Benefits

Grants for County DFACS--Operations

Institutional Repairs and Maintenance

Special Purpose Contracts

Purchase of Service Contracts

B. Budget Unit: Community Mental Health/Mental Retardation Youth Services and Institutions
Departmental 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 Utilities ................................................. Postage ................................................. Capital Outlay ........................................... Authority Lease Rentals .................................. Institutional Repairs and Maintenance Grants to County-Owned Detention Centers Substance Abuse Community Services Mental Retardation Community Services Mental Health Community Services........................ Community Mental Health Center Services Special Purpose Contract ................................. Reserve for DeKalb RYDC Cost-of-Living Adjustment ................................ Total Funds Budgeted Indirect DOAS Services Funding State Funds Budgeted ....................................

$66,758,268 . . $1,373,800
$2,403,400 ......... $0
$4,936,795 $2,055,000 $7,142,000
$559,000 . $400,000 $2,532,000
$5,299,000 $302,000
. $1,765,000 $53,220,094 $6,898,000 $46,257,753 $20,652,000
$50,000 $270,776,238 $160,786,085 . . . . . $30,700 $12,242,200 . $6,340,156
$417,561,185
$334,360,768 $31,758,060
$892,950 $335,895 $149,260 . . $3,830,242 $4,228,305 $647,487 . . $2,787,550 $32,767,011 $15,150,635 $247,598 . . $876,890 . $2,119,055 . $1,733,056 . $1,926,470 . $1,102,000 $91,544,164 $11,817,693 $74,625,064 ......... $0 .... $808,887 ......... $0 $613,709,040 . $2,404,100 $417,561,185

MONDAY, MARCH 9, 1987

1787

Community Mental Health/Mental Retardation, Youth Services and Institutional Functional Budgets

Southwestern State Hospital
Georgia Retardation Center
Georgia Mental Health Institute
Georgia Regional Hospital at Augusta
Northwest Regional Hospital at Rome
Georgia Regional Hospital at Atlanta
Central State Hospital
Georgia Regional Hospital at Savannah
Gracewood State School and Hospital
West Central Georgia Regional Hospital
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/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
Community Mental Retardation Staff
Community Mental Retardation Residential Services

Total Funds
$ 33,449,038 $ 28,690,590

$ 23,628,173

$ 18,581,831

$ 24,467,687

$ 27,679,616 $ 115,452,903

$ 21,653,003

$ 43,071,428

$ 18,629,820 $ 1,965,766

$ 8,019,997

$ 3,126,079

$

144,154

$ 68,448,070 $ 11,514,662

$

587,394

$

386,609

$ 1,102,000

$ 74,625,064

$

0

$

361,376

$ 1,643,922

$

262,890

$

303,031

$ 3,375,676

$ 18,048,949

State Funds $ 22,209,724 $ 14,413,897

$ 20,545,047

$ 15,668,604

$ 18,510,751

$ 21,537,789 $ 80,941,885

$ 18,461,436

$ 22,752,153

$ 15,077,142 $ 1,813,486

$ 8,019,997

$ 2,322,418

$

144,154

$ 33,741,450 $ 7,241,926

$

573,148

$

223,609

$ 1,102,000

$ 32,257,802

$

0

$

361,376

$

938,382

$

262,890

$

303,031

$ 3,059,431

$ 12,989,871

1788

JOURNAL OF THE SENATE

Contract with Clayton County Board of Education for Autistic Children
MH/MR/SA Advisory Council MH/MR/SA Administration MH/MR/SA Indirect Cost Regional Youth
Development Centers Milledgeville State YDC
Augusta State YDC Atlanta State YDC Macon State YDC Court Services Community Treatment Centers Day Centers Group Homes Purchased Services Runaway Investigation/
Interstate Compact Assessment and Classification Youth Services Administration Cost-of-Living Adjustment Total

73,200
46,347 7,375,911
0
16,175,962 8,667,600 6,256,843 3,384,853 3,516,708 9,521,126 2,459,615
816,487 617,148 2,800,596
600,434 369,439 1,807,043
0 613,709,040

73,200 46,347 6,301,635 (295,000)
15,797,962 8,333,389 6,186,108 3,299,339 3,420,308 9,521,126 2,459,615
816,487 617,148 2,800,596
600,434 369,439 1,739,653
0 417,561,185

Section 26. Department of Industry and Trade.

Budget Unit: Department of Industry and Trade

$16,551,467

State Operations Budget:

Personal Services................................................. $6,300,845

Regular Operating Expenses......................................... $894,000

Travel ............................................................ $316,000

Motor Vehicle Purchases............................................. $18,000

Publications and Printing ........................................... $340,000

Equipment Purchases................................................ $82,000

Computer Charges ................................................. $184,500

Real Estate Rentals ................................................ $538,700

Telecommunications ................................................ $185,000

Per Diem, Fees and Contracts ....................................... $429,000

Postage ........................................................... $186,000

Local Welcome Center Contracts .................................... $200,000

Advertising and Cooperative Advertising

$4,675,000

Georgia Ports Authority Authority Lease Rentals ................... $2,745,000

Historic Chattahoochee Commission Contract

$80,000

Atlanta Council for International Visitors ............................. $25,000

Waterway Development in Georgia.................................... $50,000

Georgia Music Week Promotion ...................................... $35,000

Georgia World Congress Center

Operating Expenses ................................................... $0

Contract--Georgia Association

of Broadcasters ................................................... $53,000

Southern Center for International Studies

$25,000

Capital Outlay .......................................................... $0

MONDAY, MARCH 9, 1987

1789

Total Funds Budgeted ....................................... State Funds Budgeted .......................................

Department of Industry and Trade Functional Budgets

Total Funds

Administration

$ 5,830,108

Economic Development

$ 5,036,612

Tourism

$ 6,495,325

Total

$ 17,362,045

Section 27. 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

1,384,886

Insurance Regulation

2,529,351

Industrial Loans Regulation

545,494

Information and Enforcement

1,745,800

Fire Safety and Mobile Home Regulations
Total

4,330,538 10,536,069

Section 28. 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 Total Funds Budgeted State Funds Budgeted

$17,362,045 $16,551,467
State Funds 5,019,530 5,036,612 6,495,325 16,551,467
$9,370,169
.. $8,625,783 $366,500
... $237,500 . . . . . $13,000
. $140,500 ... $66,067 .... $377,101 .... $525,718
$152,400 $31,500 $10,536,069 $9,370,169
State Funds 1,384,886 2,423,366 545,494 1,745,800
3,270,623 9,370,169
. . $5,765,174
$58,444,389 . . $8,074,000
$1,035,000 ......... $0
$61,000 . $449,000 $2,097,000 $2,453,694 $1,438,000 $61,002,822 $1,278,000 . $264,328
$400,000 $136,997,233 . $5,765,174

1790

JOURNAL OF THE SENATE

Department of Labor Functional Budgets

Total Funds

Executive Offices

$ 4,290,756

Administrative Services

$ 12,099,163

Unemployment Insurance

$ 7,545,563

Employment Services

$ 4,346,437

Field Services

$ 55,653,001

Job Training Partnership

$ 53,062,313

Total

$ 136,997,233

Section 29. Department of Law. Budget Unit: Department of Law Attorney General's Office 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 ................ Books for State Library Total Funds Budgeted ....................... State Funds Budgeted

Section 30. Department of Medical Assistance. Budget Unit: Medicaid Services 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 .................................... Medicaid Benefits, Penalties and Disallowances Payments to Counties for Mental Health Audit Contracts ............................. Total Funds Budgeted State Funds Budgeted

Medical Assistance Functional Budgets

Total Funds

Commissioner's Office

739,239

Program Management

17,746,419

Administration

2,236,133

Operations

13,183,076

State Funds

> 1,135,014

> 1,020,664

>

4,166

>

349,632

> 3,255,698

S

0

> 5,765,174

. . . . $7,529,594
. . . . $6,589,251 ...... $413,651 ...... $128,000 ........... $0 ....... $38,000
$32,000 ...... $110,000 ...... $402,692
$80,000 $45,000 $110,000 . . . . $7,948,594 . . . . $7,529,594

$334,404,886
. . $10,057,082 $281,011 $161,959
....... $11,000 ....... $69,300 ....... $56,229
$10,590,816 ...... $878,035 ...... $289,375 . . . $14,291,140
$83,000 . $1,008,433,032 . . . $15,558,800 ...... $772,500 . $1,061,533,279 . $334,404,886

State Funds 369,620
2,549,081 314,908
3,809,593

MONDAY, MARCH 9, 1987

1791

Program Integrity
Benefits, Penalties and Disallowances
Total

3,636,580
$ 1,023,991,832 $ 1,061,533,279

$ 1,529,916
325,831,768 334,404,886

Section 31. Merit System of Personnel Administration.

Budget Unit: Merit System of Personnel Administration

Agency Assessments .......................................... . . $7,734,688

Departmental Operations Budget:

Personal Services .............................................. . . $6,146,353

Regular Operating Expenses

.... $177,550

Travel ........................................................ . . . . . $69,000

Publications and Printing ....................................... $263,000

Equipment Purchases .......................................... $103,300

Computer Charges

$1,921,428

Real Estate Rentals ............................................ ... $754,382

Telecommunications

. . . . . $80,300

Per Diem, Fees and Contracts

$39,113,000

Postage ....................................................... $214,000

Health Insurance Payments ..................................... $283,076,000

Total Funds Budgeted

$331,918,313

Agency Assessments ............................................ . . $7,734,688

Employee and Employer Contributions

$324,131,468

Deferred Compensation ......................................... ..... $52,157

Merit System Functional Budgets

Applicant Services Classification and Compensation Program Evaluation and Audit Employee Training
and Development Health Insurance
Administration Health Insurance Claims Internal Administration Commissioner's Office Undistributed Total

Total Funds

$ 2,110,514

$

912,837

$

730,775

$ 1,138,511

$ 8,488,810

$ 315,320,524

$ 2,006,624

$ 1,209,718

$

0

$ 331,918,313

State Funds

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

Section 32. Department of Natural Resources.

A. Budget Unit: Department of Natural Resources

$66,823,174

Operations Budget:

Personal Services

$48,189,448

Regular Operating Expenses

. . $8,759,070

Travel .......................................................

$492,000

Motor Vehicle Purchases....................................... $1,516,658

Publications and Printing

. . . . $550,000

Equipment Purchases

$1,913,503

Computer Charges ............................................ .... $478,620

Real Estate Rentals ........................................... $1,685,280

Telecommunications

$905,992

Per Diem, Fees and Contracts

$1,333,789

1792

JOURNAL OF THE SENATE

Postage .................................................... Land and Water Conservation Grants ........................ Recreation Grants Contract with U.S. Geological Survey for
Ground Water Resources Survey Contract with U.S. Geological
Survey for Topographic Maps .............................
Capital Outlay--Repairs and Maintenance Capital Outlay--Shop Stock--Parks ......................... Capital Outlay--Heritage Trust ............................. Authority Lease Rentals .................................... Cost of Material for Resale .................................
Payments to Lake Lanier Islands Development Authority Contract--Special Olympics, Inc. Georgia Sports Hall of Fame Capital Outlay--Heritage Trust--
Wildlife Management Area Land Acquisition Capital Outlay--User Fee Enhancements--Parks .............. Capital Outlay--Buoy Maintenance .......................... Capital Outlay--Consolidated
Maintenance--Game and Fish Technical Assistance Contract Capital Outlay ............................................. Contract--Georgia Rural Water Association Grant--The Hay House Contract--Corps of Engineers (Cold Water Creek St. Park) Advertising and Promotion Payments to Georgia Agricultural Exposition Authority ........ Historic Preservation Grant ................................. Environmental Facilities Grant Non-Game Wildlife Habitat Fund Georgia Boxing Commission ................................. Lanier Regional Committee .................................
Paving at State Parks and Historic Sites Total Funds Budgeted ...................................... Receipts from Jekyll Island
State Park Authority Receipts from Stone Mountain
Memorial Association .....................................
Indirect DOAS Funding State Funds Budgeted

Department of Natural Resources Functional Budgets

Total Funds

Internal Administration

5,773,675

Game and Fish

24,273,676

Parks, Recreation and Historic Sites
Environmental Protection

29,556,358 25,609,471

Coastal Resources Total

1,499,934 86,713,114

B. Budget Unit: Authorities Operations Budget: Personal Services

$333,886 $2,000,000 . $400,000
$300,000
$125,000 $1,826,438
$300,000 $211,500 $1,106,000 . $1,400,000 $500,575 $206,000 . . . . $50,000
$450,000 $1,535,000 . . . . $20,000
. $250,000 $125,000
. $118,250 . . . . $10,000 ........ $0
$149,405 $100,000 . $526,700 $150,000 $8,000,000 $150,000 . . . . . $7,000 . $38,000 $500,000 $86,713,114
.... $53,750
$315,000 $200,000 $66,823,174
State Funds 5,404,925 20,984,061
16,981,867 22,031,387 1,420,934 66,823,174
......... $0
. . $2,704,775

MONDAY, MARCH 9, 1987

1793

Regular Operating Expenses....................................... $1,890,500 Travel ............................................................. $26,500 Motor Vehicle Purchases............................................. $69,500 Publications and Printing ............................................ $64,150 Equipment ......................................................... $84,400 Computer Charges .................................................. $22,000 Real Estate Rentals ................................................. $17,000 Telecommunications ................................................. $66,200 Per Diem, Fees and Contracts ........................................ $84,600 Capital Outlay .......................................................... $0 Boat Replacement Expense ......................................... $178,350 Total Funds Budgeted ............................................ $5,207,975 State Funds Budgeted ................................................... $0

Lake Lanier Islands Development Authority
Georgia Agricultural Exposition Authority
Total

Authorities Functional Budgets Total Funds

$ 4,681,275

$

526,700

$ 5,207,975

State Funds

$

0

$

0

$

0

Section 33. Board of Post-Secondary Vocational Education. Budget Unit: Board of Postsecondary Vocational Education........... $97,426,975 Board of Postsecondary Vocational Education Budget: Personal Services................................................. $2,146,044 Regular Operating Expenses......................................... $158,000 Travel ............................................................. $57,000 Motor Vehicle Purchases.............................................. $9,000 Publications and Printing ............................................ $40,000 Equipment Purchases................................................ $10,000 Computer Charges ................................................. $254,000 Real Estate Rentals ................................................ $275,000 Telecommunications ................................................. $46,000 Per Diem, Fees and Contracts ....................................... $897,500 Utilities ............................................................ $15,000 Personal Services-Institutions .................................... $30,370,877 Operating Expenses-Institutions ................................... $8,928,665 Capital Outlay ................................................... $3,000,000 Quick Start Program ............................................. $3,700,000 Area School Program ............................................ $47,960,595 Junior College Program ........................................... $2,668,835 Teachers' Retirement............................................. $6,828,000 Teachers' Health Insurance ....................................... $2,465,459 Total Funds Budgeted .......................................... $109,829,975 State Funds Budgeted ........................................... $97,426,975

Institutions Functional Budgets

Total Funds

State Funds

Administration

$ 4,044,828 $ 2,915,828

Institutional Programs

$ 105,785,147 $ 94,511,147

Total

$ 109,829,975 $ 97,426,975

Section 34. Department of Public Safety. A. Budget Unit: Department of Public Safety ........................ $68,036,758

1794

JOURNAL OF THE SENATE

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 Capital Outlay Driver License Processing Total Funds Budgeted Indirect DOAS Service Funding State Funds Budgeted

Public Safety Functional Budgets

Total Funds

Administration

$ 8,883,138

Driver Services

$ 15,261,890

Field Operations

$ 45,541,730

Total

$ 69,686,758

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 ......................................

Attached Units Functional Budgets

Total Funds

Office of Highway Safety

4,004,995

Georgia Peace Officers Standards and Training

4,005,630

Police Academy

1,079,737

Fire Academy

931,230

$50,414,735 $6,624,160
$137,500 $3,069,000
$630,000 $1,185,806 $3,474,000
$13,000 $1,141,010
$168,470 $1,095,375
$225,000 ... $200,000
$359,502 $949,200 $69,686,758 $1,650,000 $68,036,758
State Funds
8,883,138
13,761,890
45,391,730
68,036,758
$11,195,395
$5,090,596 $2,001,600
$150,000 $131,600 ...... $65,000 ...... $85,438 $379,806 $163,722 $158,500 $1,188,004 $30,000 $2,440,977 $3,500,000 .......... $0 $15,385,243 $11,195,395
State Funds
252,497
4,005,630
1,029,737
844,230

MONDAY, MARCH 9, 1987

Georgia Firefighters Standards and Training Council
Organized Crime Prevention Council
Georgia Public Safety Training Facility
Total

$

415,803

$

309,885

$ 4,637,963 $ 15,385,243

Section 35. 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 36. 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

Total Funds

Administration

$ 1,321,050

Transportation

$ 3,199,522

Utilities

$ 3,908,706

Total

$ 8,429,278

Section 37. Regents, University System of Georgia. A. Budget Unit: Resident Instruction .........................
Resident Instruction Budget: Personal Services: Educ., Gen., and Dept. Svcs. ............................ Sponsored Operations .................................. Operating Expenses: Educ., Gen., and Dept. Svcs. ............................ Sponsored Operations Office of Minority Business Enterprise Special Desegregation Programs ........................... Authority Lease Rentals .................................. Research Consortium ..................................... Eminent Scholars Program ................................ Capital Outlay ...........................................

1795
415,803
309,885
4,337,613 11,195,395
$13,541,000
$211,000 $13,330,000 $13,541,000 . $13,541,000
. $7,232,781
. . $5,518,888 . . . . $405,967 ... $202,459 . . . . $235,200 . . . . . $33,500 ... $105,919 . . . . $258,125
$296,220 . $123,000 . $1,250,000 . $8,429,278 . . $7,232,781
State Funds 1,321,050 2,113,167 3,798,564 7,232,781
$633,957,082
$659,941,020 $90,000,000
$181,694,971 $105,000,000 ... $321,481 . . . . $356,959 . $14,044,793
$500,000 . . $250,000 . . . . $630,000

1796

JOURNAL OF THE SENATE

Total Funds Budgeted ....................................... . $1,052,739,224

Departmental Income

$22,000,000

Sponsored Income

$195,000,000

Other Funds ................................................ $198,754,842

Indirect DOAS Services Funding

$3,027,300

State Funds Budgeted ....................................... $633,957,082

B. Budget Unit: Regents Central Office and Other Organized Activities
Regents Central Office and Other Organized Activities Budget:
Personal Services: Educ., Gen., and Dept. Svcs. Sponsored Operations
Operating Expenses: Educ., Gen., and Dept. Svcs. Sponsored Operations
Fire Ant and Environmental Toxicology Research .......................................
Agricultural Research Advanced Technology Development Center Capitation Contracts for Family Practice Residency Residency Capitation Grants Student Preceptorships Center for Rehabilitation Technology ......................... SREB Payments Medical Scholarships ........................................ Regents Opportunity Grants Regents Scholarships ........................................ Rental Payments to Georgia Military College Total Funds Budgeted Departmental Income Sponsored Income Other Funds ................................................ Indirect DOAS Services Funding State Funds Budgeted

Regents Central Office and Other Organized Activities Functional Budgets

Total Funds

Marine Resources Extension Center

$ 1,837,107

Skidaway Institute of Oceanography Marine Institute

$ 2,814,535 $ 1,386,330

Georgia Tech Research Institute Engineering Extension Division

$ 87,520,751 $ 5,269,765

Agricultural Experiment Station

$ 46,690,101

Cooperative Extension Service

$ 44,745,980

Eugene Talmadge Memorial Hospital

$ 120,565,675

Veterinary Medicine Experiment Station

$ 2,735,358

Veterinary Medicine Teaching Hospital

$ 2,237,849

Joint Board of Family Practice

$ 5,505,945

Georgia Radiation Therapy Center

$ 1,537,429

$135,191,421
$170,571,806 . $54,640,269
. $74,373,975 $21,336,281
. $265,251 $1,635,164 $1,188,859 . $2,612,750 . $2,381,730 ... $158,000 . . . . $654,239 $11,966,100 . . . . $697,748
$600,000 $200,000 $619,618 $343,901,790 ......... $0 $75,976,550 $132,178,119 .... $555,700 $135,191,421
State Funds 1,125,683 1,427,904 815,631 11,108,989 1,770,774 31,057,468 29,819,180 30,415,912 2,735,358 436,262 5,505,945 0

MONDAY, MARCH 9, 1987

Athens and Tifton Veterinary Laboratories
Regents Central Office Undistributed Total

2,115,755 18,939,210
0 343,901,790

C. Budget Unit: Georgia Public Telecommunications Commission Public Telecommunications Commission Budget: Personal Services.......................................... Operating Expenses ....................................... Total Funds Budgeted ..................................... Other Funds .............................................. State Funds Budgeted .....................................

Section 38. 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 .............................. County Tax Officials/Retirement and FICA .................. Grants to Counties/Appraisal Staff.......................... Motor Vehicle Tags and Decals............................. Postage .................................................. Total Funds Budgeted ..................................... Indirect DOAS Services Funding ........................... State Funds Budgeted .....................................

Department of Revenue Functional Budgets

Total Funds

Departmental Administration

3,677,732

Internal Administration

8,792,085

Electronic Data Processing

6,767,095

Field Services

13,583,191

Income Tax Unit

5,946,176

Motor Vehicle Unit

15,422,080

Central Audit Unit

5,645,563

Property Tax Unit

3,878,332

Sales Tax Unit

3,759,323

Total

67,471,577

Section 39. Secretary of State. Budget Unit: Secretary of State Personal Services Regular Operating Expenses. . Travel .....................

1797
34,105 18,939,210
0 135,191,421
. . $7,361,109
. . $4,844,948 . $6,333,500 . $11,178,448 . $3,817,339 . . $7,361,109
$63,626,577
$39,975,132 $1,322,078 $1,370,925 ... $263,000 . . $2,429,155 . . . . $382,500 . . $7,314,575 $2,614,453
$589,759 $215,000 . $1,645,000 $1,430,000 $5,570,000 $2,350,000 . $67,471,577 . $3,845,000 . $63,626,577
State Funds 3,677,732 8,792,085 3,012,095 13,493,191 5,946,176 15,422,080 5,645,563 3,878,332 3,759,323 63,626,577
$19,310,019 $12,488,214 . $1,694,401
. $226,000

1798

JOURNAL OF THE SENATE

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

$ 2,855,528

Archives and Records

$ 4,420,850

Corporations Regulation

$ 1,762,050

Elections and Campaign Disclosure

$ 1,100,963

Securities Regulation

$ 1,383,452

Drugs and Narcotics

$

837,435

State Ethics Commission

$

184,940

Occupational Certification

$ 6,764,801

Total

$ 19,310,019

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
G.B. of Examiners of Licensed Dieticians
S.B. of Professional Engineers and Land Surveyors
S.B. of Registration for Foresters
S.B. of Funeral Services
S.B. of Registration for Professional Geologists

Board Costs

$

194,741

$

74,377

$

635

$

6,597

$

11,356

$

16,883

$

77,130

$

42,156

$

51,250

$

13,539

$

55,747

$

3,595

$

21,462

$

3,688

$109,900 ....... $418,200
$134,600 $394,300 $2,136,570 ....... $260,300 $583,034 $500,000 $364,500 $19,310,019 $19,310,019

State Funds $ 2,855,528 $ 4,420,850 $ 1,762,050

$ 1,100,963

$ 1,383,452

$

837,435

$

184,940

$ 6,764,801

$ 19,310,019

Cost of Operations

$

381,961

$

153,281

$

3,384

$

36,196

$

134,596

$

94,398

$

421,929

$

728,294

$

236,905

$

25,267

$

292,847

$

32,108

$

166,787

$

18,907

MONDAY, MARCH 9, 1987

1799

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 Administrators
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
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: Personal Services

6,551 $ 21,374 $
2,872 $

19,792 34,635
15,261

30,958 $
147,223 $
11,942 $ 71,044 $ 8,497 $ 16,571 $ 8,256 $ 79,556 $ 12,265 $ 6,649 $ 6,632 $
48,634 $
12,622 $
14,461 $ 5,488 $
6,501 $
14,003 $

98,743
1,141,058
42,282 778,712 31,977 56,620
16,916 450,269 46,350 25,801 41,656
442,775
333,196
70,864 21,953
30,511
174,370

8,564 41,874

37,833 109,437

7,385 0
1,163,078

133,695 0
6,881,566 $1,426,312
. $776,412

1800

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
Real Estate Commission Functional Budget

Real Estate Commission

State Funds $ 1,426,312

Section 40. 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 Total Funds Budgeted State Funds Budgeted ........................................
Georgia Student Finance Commission Functional Budgets

Internal Administration
Higher Education Assistance Corporation
Georgia Student Finance Authority
Total

Total Funds $ 4,312,631

$

382,500

$ 21,229,500 $ 25,924,631

Section 41. Soil and Water Conservation Committee. Budget Unit: Soil and Water Conservation Committee Soil and Water Conservation Budget: Personal Services................................. Regular Operating Expenses Travel ..........................................

. . $112,900 . . . $12,000 . . . $22,500 . $26,000 .... $9,200
$300,200 $53,800 $13,800 $99,500 $1,426,312 $1,426,312
Cost of Operations
1,466,812
$18,650,542
. $3,456,101 $215,090 $58,000
........ $0 $112,000
. . . . $21,300 . $309,540 . $122,600
$18,000 $382,500 $3,650,000 $12,002,000 $4,933,500
. $36,000 $116,000 . . $240,000 $252,000 $25,924,631 $18,650,542
State Funds 0
275,000
18,375,542 18,650,542
. . $1,371,017
. . . . $690,582 $99,000 $49,000

MONDAY, MARCH 9, 1987
Motor Vehicle Purchases . Publications and Printing Equipment Purchases Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts County Conservation Grants Total Funds Budgeted State Funds Budgeted
Section 42. Teachers' Retirement System. Budget Unit: Teachers' Retirement System . Departmental Operations Budget: Personal Services........................ Regular Operating Expenses Travel .................................. 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 ...................
Section 43. Department of Transportation. Budget Unit: Department of Transportation
For Public Roads and Bridges, for Grants to Counties for Road Construction and Maintenance, and for other transportation activities.
Departmental Operations Budget: Personal Services Regular Operating Expenses Travel ........................................ Motor Vehicle Purchases........................ Publications and Printing Equipment Purchases Computer Charges Real Estate Rentals ............................ Telecommunications Per Diem, Fees and Contracts ................... Capital Outlay Grants to Counties ............................. Grants to Municipalities Capital Outlay--Airport Approach Aid and Operational Improvements Capital Outlay--Airport Development Mass Transit Grants Savannah Harbor Maintenance Payments G.O. Debt Sinking Fund Total Funds Budgeted ..........................

1801
$22,000 $8,000 . . . . $3,000 $35,039 . $16,000 $126,000 . $322,396 $1,371,017 $1,371,017
$3,300,000
$2,441,102 $70,000 $25,000 $55,000 $9,000 $791,800 $288,500 $85,000 $262,900 $88,000
$2,200,000 $1,100,000 $7,416,302 $3,300,000
$433,992,990
$198,278,521 . $48,328,975 . . $1,716,271
$1,016,000 .... $470,084
$3,289,301 . . $2,085,232
$1,289,059 . . $1,955,802
$9,050,600 $427,507,872
$9,317,013 $9,317,000
$1,355,000 $1,370,000 . $9,654,629
$799,250 . $30,000,000 $756,800,609

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State Funds Budgeted ....................................

Department of Transportation Functional Budgets

Motor Fuel Tax Budget

Total Funds

Planning and Construction

$ 480,618,219

Maintenance and Betterments

$ 213,453,036

Facilities and Equipment

$ 4,317,032

Assistance to Counties

$ 9,317,013

Administration

$ 18,471,307

Undistributed

$

0

Total

$ 726,176,607

$433,992,990

State Funds

$ 195,922,320

$ 195,023,328

$ 3,641,032

$ 9,317,013

$ 18,096,307

$

0

$ 422,000,000

General Funds Budget
Grants to Municipalities
Paving at State and Local Schools and State Institutions
Paving at State Parks and Historic Sites
Air Transportation
Inter-Modal Transfer Facilities
Harbor Maintenance Activities
Savannah Harbor Widening
Total

Total Funds $ 9,317,000

State Funds

$

317,000

$

900,000 $

900,000

$

106,000 $

106,000

$ 2,143,544 $ 1,663,544

$ 14,358,208 $ 5,207,196

$ 3,799,250 $ 3,799,250

$

0$

0

$ 30,624,002 $ 11,992,990

Section 44. 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 ................................

Operating Expense/Payments to Central Statte Hospital

Operating Expense/Payments to Medical Colllieege of Georgia

Regular Operating Expenses for Projects andI Insurance

Total Funds Budgeted

State Funds Budgeted

$16,887,176
....... $4,212,979 .......... $49,571 .......... $82,000
.......... $21,000 ......... $117,000 ........... $2,402 ......... $212,113 .......... $58,000 .......... $11,000 .............. $0 .......... $33,000 ....... $9,877,806 ....... $5,226,155 ......... $180,000
$20,083,026 ...... $16,887,176

al Budgets

Total Funds

State Funds

Veterans Assistance

$ 4,700,065 $ 4,468,940

MONDAY, MARCH 9, 1987

1803

Veterans Home and Nursing Facility--Milledgeville
Veterans Nursing Home--Augusta
Total

$ 10,063,806 $ 8,215,081
$ 5,319,155 $ 4,203,155 $ 20,083,026 $ 16,887,176

Section 45. 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

6,200,985

Vocational Rehabilitation

608,871

Total

6,809,856

$6,769,856
$5,408,404 $113,231 $61,500
....... $0 . $63,000
$40,230 $267,991 . $523,000 $90,500 . . $157,500 . $84,500 $6,809,856 $6,769,856
State Funds
6,160,985
608,871
6,769,856

Section 46. State of Georgia General Obligation Debt Sinking Fund. A. Budget Unit: State of Georgia General Obligation Debt
Sinking Fund (Issued)....................................... B. Budget Unit: State of Georgia General Obligation Debt
Sinking Fund (New) ........................................

$216,438,553 $40,856,700

Section 47. 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 48. 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 for judges and employ ees of the Court.

Section 49. 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

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JOURNAL OF THE SENATE

latter of which funds shall be allocated to the ten administrative districts by the Chairman of the Judicial Council; provided, however, of the funds appropriated in Section 5, $20,000 is designated and committed to permit Judges with fewer than ten years of experience to at tend the Judicial College.
Section 50. 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 51. Provisions Relative to Section 7, Institute of Continuing Judicial Educa tion. The appropriations in Section 7 (Institute of Continuing Judicial Education) are for the cost of staffing and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132.
Section 52. 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 53. Provisions Relative to Section 19, State Board of Education-Department of Education. The formula calculation for Quality Basic Education funding assumes a base unit cost of $1,371.00. In addition, all local school system allotments for Quality Basic Edu cation shall be made in accordance with funds appropriated by this Act.
From the Appropriations in Section 19 (State Board of Education, Department of Edu cation) relative to personal services, the Department is authorized to use funds not to ex ceed $177,000 for upgrading positions within the Department.
From the Appropriations in Section 19, funds are designated and committed for the purpose of Special Education Low-Incidence Grants to finance the direct instructional costs for low-incidence programs which are not covered by the QBE formula. The total of such grants will be determined under Board of Education policy IDDF and may not exceed $500,000 for FY 1988.
From the Appropriations in Section 19, funds in the amount of up to $352,000 are set-a side for extended year purposes. Funds are to be made available to local school systems on a 50/50 matching basis upon receipt of application and approval by the Department of Educa tion. In the event application totals exceed the availability of such funds, approved projects shall be funded on a pro-rata basis. Extended year activities include summer school, farm/ home projects, work-site development and supervision.
Provided, that of the above appropriation relative to 13% incentive grants to local school systems for implementing middle grades programs, such grants shall be made to local school systems for only those schools containing grades seven and eight or grades six, seven and eight which provide a minimum of 85 minutes of common preparation time during the student instructional day to each interdisciplinary team of teachers responsible for instruc tion in language arts, mathematics, science and social studies, which provided such common preparation time during the immediately preceding school year, and which meet criteria and standards prescribed by the State Board of Education for middle school programs.
Section 54. Provisions Relative to Section 20, Employees' Retirement System. The Employees' Retirement System is authorized to increase the employer contribution rate by eighteen one-hundredths of one percent of salaries to fund one and one-half percent cost of living increases on July 1, 1987, and January 1, 1988.
Section 55. Provisions Relative to Section 25, Department of Human Resources. The Department of Human Resources is authorized to calculate all Aid to Families with Depen dent Children benefit payments utilizing a factor of 71.75% of the standards of need; such AFDC payments shall be made from the date of certification and not from the date of appli cation; and the following maximum benefits and maximum standards of need shall apply:

MONDAY, MARCH 9, 1987

1805

Number in Asst. Group
1 2 3 4 5 6 7 8 9 10 11

Standards of Need
$202 306 366 432 494 536 580 616 648 694 742

Maximum Monthly Amount
$145 220 263 310 354 385 416 442 465 498 532

From the appropriation in Section 25 (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, that of the above appropriation relating to services for Alzheimer's clients, funding shall be distributed on a cost-per-slot basis, which shall not exceed the rates set by the Department of Medical Assistance.

Section 56. Provisions Relative to Section 31, Merit System of Personnel Administra tion. The Department is authorized to assess no more than $144.84 per merit system budg eted position for the cost of departmental operations.
It is the intent of this General Assembly that the employer contribution rate for health insurance for State Fiscal Year 1988 shall not exceed eight percent (8.00%).

Section 57. Provisions Relative to Section 32, Department of Natural Resources. No land shall be purchased for State park purposes from funds appropriated in Section 32 (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 32.
From the appropriation in Section 32 (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 32, 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.

Section 58. Provisions Relative to Section 37, Regents, University System of Georgia. The Board of Regents is authorized to transfer other object class surpluses to Capital Out lay and Equipment Purchases without approval of the Office of Planning and Budget or the Fiscal Affairs Subcommittees.

Section 59. Provisions Relative to Section 33, Board of Postsecondary Education. None of the State funds appropriated in Section 33 may be used for the purpose of plan ning, designing, constructing, or renovating an area vocational-technical school unless said school agrees to be governed by the State Board of Postsecondary Vocational Education.

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JOURNAL OF THE SENATE

Section 60. Provisions Relative to Section 43, Department of Transportation. As au thorized in the amended General Appropriations Acts for State Fiscal Year 1981 and 1985, $246,500,000 in principal amount of General Obligation bonds were sold for advance con struction of the Interstate System. Debt service on these bonds is being provided from Gen eral Fund Appropriations or Federal Interstate payback funds and $221,850,000 (90%) is to be repaid to the State from Federal Interstate Funds. $82,748,573 has been repaid leaving a balance due of $139,101,427. A $50,000,000 payment shall be applied during the State Fiscal Year 1988 to the $139,101,427 balance due leaving a principal balance due of $89,101,427 to be repaid to the State on Bonds that have been issued for advance construction of the Inter state System.
For this and all future general appropriations acts, it is the intent of this General As sembly that the following provisions apply:
a.) 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 au thorization for letting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Depart ment of Administrative Services.
b.) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for addi tional appropriations or balances brought forward from previous years subject to the ap proval of the Office of Planning and Budget.
c.) 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.
d.) 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 re funds, rebates and collection costs and enter this amount as being the appropriation payable in lieu of the Motor Fuel Tax Funds appropriated in Section 43 of this Bill.
e.) Functions financed with General Fund appropriations shall be accounted for sepa rately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section IX, Paragraph VI, Subsection (b) of the State Constitution.
f.) 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.
g.) 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 61. In addition to all other appropriations for the State fiscal year ending June 30, 1988, there is hereby appropriated $3,450,000 for the purpose of providing funds for the operation of regional farmers' markets in the Department of Agriculture, and there is hereby appropriated $6,964,400 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 ($6,839,400 Budget Unit "B") in the Department of Human Re sources; and there is hereby appropriated $10,000,000 for the purpose of providing funds for the operation of the Employment Service and Unemployment Insurance Programs in the Department of Labor. 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 Depart ment of Administrative Services from agency fund collections.
Section 62. 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.

MONDAY, MARCH 9, 1987

1807

Section 63. 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 64. 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 65. 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 66. 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 ex penditures as contemplated in this Appropriations Act.
Section 67. No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds.
Section 68. 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 69. 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 existing lease contracts 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 ap propriated for the State fiscal year addressed within this Act. If for any reason any of the sums herein provided under any other provision of this Act are insufficient to make the required payments in full, there shall be taken from other funds appropriated to the depart-

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JOURNAL OF THE SENATE

ment, 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.

Section 70. (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, Publications and Printing, Equipment Purchases, Computer Charges, Real Es tate 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.
(b.) (3.) It is the further intent of the General Assembly that this principle shall be applied as well when common object class amounts are properly amended in the administra tion of the annual operating budget.

Section 71. Wherever in this Act the terms "Budget Unit Object Classes" or "Combined Object Classes For Section" are used, it shall mean that the object classification following such term shall apply to the total expenditures within the Budget Unit or combination of budget units within a designated section, respectively, and shall supersede the object classi fication shown in the Governor's Budget Report.
For budget units within the Legislative Branch, all transfers shall require prior ap proval of at least eight members of the Legislative Services Committee in a meeting of such Committee, except that no approval shall be required for transfers within the Senate Func tional Budget or the House Functional Budget.

Section 72. 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.

MONDAY, MARCH 9, 1987

1809

Section 73. Delayed Hiring Factor by Department.
Agriculture Corrections "A" Corrections "B" GBI Office of the Governor DHR "A" DHR "B" Georgia Insurance Comm. Merit System of Pers. Admin. Public Safety "A" Revenue

$

10,500

$ 738,387

$ 403,380

$

8,690

$

2,200

$ 3,033,005

$ 5,183,000

$

5,390

$

46,842

$ 370,000

$

42,634

Section 74. Cost-of-Living Increases. This General Assembly has distributed to and included in the agency appropriations listed hereinbefore State Funds in the amount of $111,827,692 for the purposes described herein: 1.) An increase of 2.5% for full-time em ployees of the Executive, Judicial and Legislative branches of state government, effective July 1, 1987; 2.) For teachers, public librarians, and other instructional and support person nel, an increase from $16,800 to $17,304 for the T-4 entrance level, with first and second year teachers to be paid as those with two years of experience and with resumption of an nual increments after completion of one year experience and performance based on certifica tion, effective the following month; 3.) For the teacher salary schedule to be adjusted to provide an increase in the longevity factor from 2.6% to 2.7%), effective September 1, 1987; 4.) For school bus drivers and lunchroom workers, a 2.5% increase to be effective July 1, 1987; 5.) For University System employees, a 2.5%. salary increase to be effective September 1, 1987, for academic contracted personnel and for a 2.5%) salary increase, effective July 1, 1987, for non-academic personnel, and fiscal year contracted personnel of the University System and employees of the Athens and Tifton Veterinary Laboratories, the Poultry Vet erinary Diagnostic Laboratories, the Cooperative Extension Service and the Agricultural Ex periment Station; and 6.) An increase of 2.5 %i for State officials whose salary is set by Act 755 (H.B. 262) of the 1978 Regular Session of the Georgia General Assembly, as amended, as authorized in said act, Code Section 45-7-4.
In addition, there has been distributed to and included in the agency appropriations listed hereinbefore State Funds in the amount of $1,389,926 for upgrading selected classifi cations as recommended by the State Merit System and $1,654,016 for two 1.5%> cost-ofliving adjustments for retired members of the Employee Retirement System.
Section 75. 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, $265,000 is specifically appropriated for the purpose of financing an office and laboratory facility for the Department of Natural Re sources 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 $2,650,000 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, $4,800,000 is specifically appropriated for the Georgia Envi ronmental Facilities Authority for the purpose of financing loans to local governments and local governmental entities for water and sewage system, through the issuance of not more than $20,000,000 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, $2,600,000 is specifically appropriated for the purpose of financing the replacement of the Talmadge Memorial Bridge of the Department of Trans portation near Savannah, Georgia, by means of demolition, acquisition, construction, devel opment, extension, enlargement and improvement of land, property, buildings, structures,

1810

JOURNAL OF THE SENATE

equipment and facilities, both real and personal, necessary or useful in connection there with, through the issuance of not more than $26,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hun dred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $885,000 is specifically appropriated for the purpose of fi nancing the acquisition, construction, development, extension, enlargement and improve ment of harbor dikes and sites for deposit of spoilage from dredging by the Department of Transportation, including waters, land, property, buildings, structures, equipment and facil ities, both real and personal, necessary or useful in connection therewith, through the issu ance of not more than $8,850,000 in principal amount of General Obligation Debt, the in struments 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, $226,000 is specifically appropriated for the purpose of fi nancing a grade separation and grade crossing construction program of the Department of Transportation, by means of the acquisition, construction, development, extension, enlarge ment and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,260,000 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, $8,484,000 is specifically appropriated for the purpose of financing the acquisition, construction, development, extension, enlargement and improve ment of land, property, buildings, structures, equipment and facilities, of the Board of Re gents of the University System of Georgia, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $35,350,000 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, $1,500,000 is specifically appropriated for the purpose of financing a highway construction and reconstruction program of the Department of Trans portation, 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 $15,000,000 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, $4,237,200 is specifically appropriated for the purpose of financing a program of Developmental Highway construction of the Department of Trans portation, 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 $17,655,000 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, $2,834,500 is specifically appropriated for the purpose of financing a program of Developmental Highway construction of the Department of Trans portation, 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 $28,345,000 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

MONDAY, MARCH 9, 1987

1811

Obligation Debt Sinking Fund, $2,514,000 is specifically appropriated for the purpose of financing construction of facilities for the Board of Post Secondary Vocational Education, by means of the acquisition, construction, development, extension, enlargement and im provement 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 $25,140,000 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, $12,500,000 is specifically appropriated for the purpose of financing the acquisition, construction, development, extension, enlargement and improve ment of county and independent school systems throughout the State of Georgia, including land, property, buildings, structures, equipment and facilities, both real and personal, neces sary or useful in connection therewith, under the jurisdiction of the State Board of Educa tion, through the issuance of not more than $125,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hun dred forty months.
Section 76. It is the intent of this General Assembly that existing sinking fund bal ances be utilized for Debt Service on the obligations of the Georgia Building Authority (Penal).
Section 77. TOTAL STATE FUND APPROPRIATIONS
State Fiscal Year 1988 .......................................... $5,782,000,000
Section 78. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 79. 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 226.

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

Those voting in the affirmative were Senators:

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

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

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

Those voting in the negative were Senators:

Coverdell Edge Harrison

Land Newbill

Phillips Tolleson

1812

JOURNAL OF THE SENATE

Not voting was Senator Brown of 47th (excused).
On the motion, the yeas were 47, nays 7; the motion prevailed, and the Senate adopted the Conference Committee report on HB 226.
The following bills of the Senate were taken up for the purpose of considering the House action thereon:
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.
Senator Langford of the 35th moved that the Senate adhere to its disagreement to the House amendment to SB 264, and that a Conference Committee be appointed.
On the motion, the yeas were 35, nays 1; the motion prevailed, and the Senate adhered to its disagreement to the House amendment to SB 264.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Langford of the 35th, Garner of the 30th and Engram of the 34th.
Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair.
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.
Senator Deal of the 49th moved that the Senate adhere to its disagreement to the House substitute to SB 198, and that a Conference Committee be appointed.
On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House substitute to SB 198.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Deal of the 49th, Hine of the 52nd and Baldwin of the 29th.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
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.

MONDAY, MARCH 9, 1987

1813

The House substitute to SB 31 was as follows:

A BILL
To be entitled an Act to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Accident Reparations Act," so as to pro vide that insurers may make certain motor vehicle insurance coverages and certain optional increased coverages available on a deductible basis; to provide conditions and limitations; to provide for total benefits limits; to provide that persons eligible for certain motor vehicle insurance benefits shall not be precluded from pleading or recovering against a tort-feasor the amount of such deductible; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP 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 adding at the end of Code Section 33-34-4, relating to minimum required motor vehicle insurance coverages, 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 permanent 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. Said chapter is further amended by striking subsection (b) of Code Section 33-34-9 of the Official Code of Georgia Annotated, relating to the liability for payment of damages for noneconomic losses and pleading or recovering of damages for economic loss available in actions against tort-feasors, and inserting in its place a new subsection (b) to read as follows:
"(b) Any person eligible for economic loss benefits described in paragraph (2) of subsec tion (a) of Code Section 33-34-4 is precluded from pleading or recovering in an action for damages against a tort-feasor those damages for which compensation is available for eco nomic loss under said Code Section 33-34-4; provided, however, that nothing contained in this Code section shall preclude the introduction of any evidence otherwise admissible in a judicial proceeding for the purpose of proving the extent of the injury or injuries sustained by the person; provided, further, that a person eligible for economic loss benefits under subparagraph (a)(2)(A) or (a)(2)(B) of Code Section 33-34-4 or (a)(l)(A) or (a)(l)(B) of Code Section 33-34-5 shall not be precluded from pleading or recovering in an action for damages against a tort-feasor the amount of any deductible allowed under subsection (d) of Code Section 33-34-4."
Section 3. 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 31.

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

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JOURNAL OF THE SENATE

Broun of 46th Bryant Burton
Coleman Coverdell
Crumbley D ^ an Echols Edge Engram Fincher Foster Garner

Gillis Harris Harrison
Hine Howard
Hudgins Huggins Kidd Land Langford McGill Newbill Olmstead

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

Those not voting were Senators:

Brannon Brown of 47th (excused) Dawkins

English Kennedy (presiding) McKenzie

Shumake Stumbaugh Timmons

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 31.

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

HB 1070. By Representatives Triplet! of the 128th, Johnson of the 123rd, Mueller of the 126th and others:
A bill to amend an Act creating the office of Chatham County Tax Commis sioner, so as to provide that the Commissioners of Chatham County shall pay the costs of any supplies, equipment, and employees necessary for performance of the tax commissioner.

Senator Coleman of the 1st moved that the Senate insist upon the Senate amendment to HB 1070.

On the motion, the yeas were 31, nays 0; the motion prevailed, and the Senate insisted upon the Senate amendment to HB 1070.

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

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 trans ported across state or county boundaries for the purpose of dumping without permission.

The House substitute to SB 33 was as follows:

A BILL
To be entitled an Act to amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding local government, so as to provide for criminal penalties in certain cases where garbage, trash, waste, or refuse is transported

MONDAY, MARCH 9, 1987

1815

across state or county boundaries for the purpose of dumping without permission; to pro vide for exceptions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding local government, is amended by striking Code Section 36-1-16, relating to certain transportation of garbage, trash, waste, or refuse across state or county boundaries, and inserting in its place a new Code Section 36-1-16 to read as follows:
"36-1-16. (a) No person, firm, corporation, or employee of any municipality shall trans port, pursuant to a contract, whether oral or otherwise, garbage, trash, waste, or refuse across state or county boundaries for the purpose of dumping the same at a publicly or privately owned dump, landfill, or sanitary landfill unless permission is first obtained from the governing authority of the county in which the dump, landfill, or sanitary landfill is located and from the governing authority of the county in which the garbage, trash, waste, or refuse is collected.
(b) Subsection (a) of this Code section shall not apply in any case where the service area from which such garbage, trash, waste, or refuse is collected is located in a city having a population of less than 7,500 according to the 1980 United States decennial census or any future such census.

(c) Any person, firm, corporation, or employee of any municipality who is convicted of violating subsection (a) of this Code section shall be punished by a fine of not more than $200.00."

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 33.

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

Those voting in the affirmative were Senators:

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

English Engram Fincher Foster Gillis Harris Harrison Hine Howard Hudgins Huggins Kidd Land Langford McGill

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

Those not voting were Senators:

Baldwin Brannon Brown of 47th (excused) Dawkins

Garner Kennedy (presiding) McKenzie

Shumake Stumbaugh Timmons

1816

JOURNAL OF THE SENATE

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 33.

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

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.

The House amendment was as follows:

Amend the Senate substitute to HB 35 by striking the figure "60" on line 21 of page 6 and inserting in lieu thereof the figure "90".

Senator Edge of the 28th moved that the Senate agree to the House amendment to the Senate substitute to HB 35.

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen Broun of 46th Bryant Burton Coleman Coverdell Crumbley Dawkins 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 36th Shumake Starr Stumbaugh Tate Tolleson Turner Tysinger Walker

Those not voting were Senators:

Barker Brannon Brown of 47th (excused)

Deal Kennedy (presiding)

Scott of 2nd Timmons

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 35.

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

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

MONDAY, MARCH 9, 1987

1817

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.
Senator Baldwin of the 29th moved that the Senate insist upon the Senate substitute to HB 289.
On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 289.
The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:
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.
Senate Sponsor: Senator Scott of the 36th.
The Senate Committee on Urban and County Affairs offered the following substitute to HB 455:
A BILL
To be entitled an Act 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 lying within any county having a population of 550,000 or more persons for an initial term of up to 50 years to private parties for development of such property for hotels and related facilities, conference centers, office buildings, and commercial and retail uses, and other similar airport and travel related purposes; to provide that a lessee acquires a taxable estate for years and not a nontaxable usufruct; to provide exceptions to such leasing authority; 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 6-3-25 of the Official Code of Georgia Annotated, relating to powers of political subdivisions as to the operation of airports, is amended by striking the period at the end of paragraph (3) and inserting in its place "; and" and by adding at the end of said Code section a new paragraph, to be designated paragraph (4), to read as follows:
"(4) Lease portions of such property lying within any county having a population of 550,000 or more persons according to the United States decennial census of 1980 or any future such census for an initial term of up to 50 years, and to extend such leases, to private parties for development of such property for hotels and related facilities, conference centers, office buildings, commercial and retail uses, and other similar airport and travel related pur poses, provided that:
(A) A lease under this paragraph shall expressly grant and convey to the lessee a taxa ble estate for years in both the property and any improvements upon such property as may be constructed and shall not grant or convey a nontaxable usufruct in either the property or the improvements upon such property; and
(B) The leasing authority granted under this paragraph shall not extend to property acquired for airport noise mitigation purposes pursuant to the former Airport and Airway Development Act of 1970 (49 U.S.C. Section 1701, et seq.), as amended, or the Airport and Airway Improvement Act of 1982 (49 U.S.C. Section 2201, et seq.), as amended."

1818

JOURNAL OF THE SENATE

Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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

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

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

Those voting in the affirmative were Senators:

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

English Engram Fincher Foster Gillis Harris Harrison Hme HHouwdgairnds
Huggins Kidd Land Langford McGill

McKenzie Newbill Olmstead Peevy Perrv R g f 36th ,, STM tum",baugh,
TMate Tolleson Turner Tysinger Walker

Those not voting were Senators:

Brannon Brown of 47th (excused) Coleman Dawkins

Garner Kennedy (presiding) Phillips Ray

Scott of 2nd Shumake Timmons

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

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

HB 422. By Representatives Johnson of the 123rd, Triplett of the 128th, Hamilton of the 124th and others:
A bill to amend Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to authorization and general requirements for the transaction of insur ance, so as to change the provisions relating to simplification of language and reading ease standards for policies, certificates, and coverage booklets; to provide for standards for all insurance policies, certificates, and coverage booklets issued, delivered, or issued for delivery in this state on or after January 1, 1988.
Senate Sponsor: Senator Stumbaugh of the 55th.

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

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

MONDAY, MARCH 9, 1987

1819

Those voting in the affirmative were Senators:

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

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 Starr Stumbaugh Tate Tolleson Turner Tysinger Walker

Those not voting were Senators:

Baldwin Brannon Brown of 47th (excused) Coleman

English Kennedy (presiding) McKenzie

Phillips Shumake Timmons

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

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

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

Mr. President:
The House has disagreed to the Senate amendment to the following resolution of the House:

HR 109. By Representatives Redding of the 50th, Robinson of the 58th, Richardson of the 52nd, Steinberg of the 46th, Williams of the 54th and others:
A resolution creating the DeKalb County Government Study Commission.

The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate:

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

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-

1820

JOURNAL OF THE SENATE

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.
Senate Sponsor: Senator Langford of the 35th.

Senator Barnes of the 33rd offered the following amendment:

Amend HB 625 by adding after the semicolon on line 7 of page 1 the following:
"to amend an Act approved March 9, 1987 (1987 Act No. 163; H.B. 302), which Act amends Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, by extensively revising provisions relating to enforcement and collection of child support and alimony, so as to change provisions relating to the effective date and applicability of certain provisions of said Act; to provide effective dates;".
By renumbering Section 2 as Section 4 and inserting immediately prior thereto new Sections 2 and 3 to read as follows:
"Section 2. An Act approved March 9, 1987 (1987 Act No. 163, H.B. 302), which Act amends Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, by extensively revising provisions relating to enforcement and collection of child support and alimony, is amended by striking Section 5 which reads as follows:
'Section 5. This Act shall become effective on July 1, 1987. Section 1 of this Act shall apply with respect to divorce decrees entered on or after that date. Section 2 of this Act shall apply to process served on or after that date in both pending and new proceedings.',
and inserting in its place a new Section 5 to read as follows:
'Section 5. This Act shall become effective July 1, 1987. Section 1 of this Act shall apply to process served on or after that date in both pending and new proceedings.'
Section 3. Section 1 of this Act shall become effective July 1, 1987, and the remaining provisions of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval."

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

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 and placed on the Senate General Calendar.

HB 463. By Representative Lawler of the 20th:
A bill to amend Code Section 12-12-10 of the Official Code of Georgia Annotated, relating to license requirements under the "Georgia Asbestos Safety Act", so as to exempt certain persons licensed under Title 43 of this Code from the license requirements and other provisions of the "Georgia Asbestos Safety Act".
Senate Sponsor: Senator Tysinger of the 41st.

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

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

Those voting in the affirmative were Senators:

Albert Allgood

Baldwin Barker

Barnes Bowen

MONDAY, MARCH 9, 1987

1821

Broun of 46th Bryant Burton Crumbley
ETEE-IcdnJhggoelilssh
Engram Fincher Foster Garner Gillis

Harris Hine Howard Hudgins
TLKLaaidnndgdiford
McGill McKenzie Newbill Olmstead Peevy

Perry Ragan Ray Scott of 2lld
CoS_ ttStaucormrttb, oafug3h6, th
late Tolleson Turner Tysinger Walker

Those not voting were Senators:

Brannon Brown of 47th (excused) Coleman Coverdell

Dawkins Deal Harrison Kennedy (presiding)

Phillips Shumake Timmons

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

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

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.
Senate Sponsor: Senator Crumbley of the 17th.

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

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

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bowen Broun of 46th Bryant BCoulretomnan
Coverdell Crumbley Dawkins Deal Dean Echols

Edge English Fincher Foster Gillis Harris HHoinweard
Hudgins Huggins Land Langford McGill McKenzie

Newbill Olmstead Peevy Perry Ragan R 0Sco,tt, of,, 3,,,,6.t,h
tarr Tate Tolleson Turner Tysinger Walker

1822

JOURNAL OF THE SENATE

Those not voting were Senators:

Albert Baldwin Brannon Brown of 47th (excused)
Engram

Garner Harrison Kennedy (presiding) Kidd
Phillips

Scott of 2nd Shumake
Stumbaugh Timmons

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

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

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

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.

Senator Barnes of the 33rd moved that the Senate adhere to its disagreement to the House amendments to SB 119, and that a Conference Committee be appointed.

On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House amendments to SB 119.

Senator Kennedy of the 4th, President Pro Tempore, who was presiding, appointed as a Conference Committee on the part of the Senate the following:

Senators Barnes of the 33rd, McKenzie of the 14th and Dean of the 31st.

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

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.
Senate Sponsor: Senator Olmstead of the 26th.

The Senate Committee on Human Resources offered the following substitute to HB 462:

A BILL
To be entitled an Act 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; to provide conditions for such dona tions; to provide that the medical facility may utilize its regular source of blood if an insuffi cient amount is donated; to provide for the retention of excess blood; to provide exceptions; to provide for immunity; to provide for short-term blood donor storage programs; to provide an effective date; to repeal conflicting laws; and for other purposes.

MONDAY, MARCH 9, 1987

1823

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation of hospitals and related institutions, is amended by adding a new Code Section 31-7-14 to read as follows:
"31-7-14. (a) When any person is admitted to a medical facility for surgical or medical treatment which has been scheduled in advance, neither the medical facility nor any li censed medical practitioner shall prohibit such person from providing a blood donor or do nors to furnish blood may be needed in such surgery or medical treatment, provided that:
(1) The blood donation will not be detrimental to the donor or the recipient of such blood or any of its components; and
(2) The donation is made not earlier than ten working days before the date of the antic ipated transfusion and not later than the evening of the fourth full working day before the date of the anticipated transfusion.
(b) If the person receiving surgical or other medical treatment requires more blood than is furnished by the provided donor or donors, then the medical facility may utilize its regu lar sources to supply the necessary amount. If less blood than the amount that is furnished by the provided donor or donors is used in the surgery or medical treatment, then the excess blood may be retained by the medical facility or turned over to a community blood bank.
(c) This Code section shall not apply to any emergency surgical or medical treatment.
(d) This Code section shall not apply to any medical facility which does not maintain a system for the collection, processing, and storage of blood and its component parts or to any medical facility which allows through a community blood bank a person to provide a blood donor or donors to furnish blood which may be needed in the person's surgery or medical treatment.
(e) This Code section shall not apply to any person who is under the jurisdiction of the Department of Corrections.
(f) A medical facility or licensed medical practitioner providing health care to a person who utilizes the provisions of this Code section shall not be liable in damages for injury or death occurring during or as a result of the medical or surgical treatment if the injury or death results from use of the blood supplied by the donors selected by the patient, unless that facility or practitioner is grossly negligent with regard to such use.
(g) A medical facility or group of medical facilities may organize and operate short-term blood donor storage programs for the purpose of perpetuating a group of donors of a com mon blood type for emergency and planned surgical needs."
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 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:

Allgood Baldwin Barker Barnes

Bowen Broun of 46th Bryant Burton

Coleman Coverdell Crumbley Dawkins

1824

JOURNAL OF THE SENATE

Deal Dean Echols Edge English Sinf" Foster Garner Gillis
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

_,

6

i,a*f lolleson

Turner

Tysinger

Walker

Those not voting were Senators:

Albert Brannon Brown of 47th (excused)

Engram Kennedy (presiding) Kidd

Shumake Timmons

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

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

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.
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:

Allgood Baldwin Barker Barnes Bowen Broun of 46th BnB,C-,ourJy,lreta, omnntan Coverdell Crumbley
Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Garner Gillis HIHTHTIiaa.nrrerriisson Howard Hudgins
Huggins Land Langford McGill McKenzie

Newbill Peevy Perry Phillips Ragan R S00o_ccoo.tt.tt oofft., 0,,o2,,nbdt,h, btarr , Stumbaugh
Tate Tolleson Turner Tysinger Walker

MONDAY, MARCH 9, 1987

1825

Those not voting were Senators:

Albert Brannon Brown of 47th (excused)

Kennedy (presiding) Kidd Olmstead

Shumake Timmons

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

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

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.
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 Broun of 46th Bryant Burton Coleman Coverdell Crumbley Dawkins Deal

Dean Echols Edge English Fincher Foster Gillis Harris Harrison Hine Hudgins Huggins Kidd Land

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

Those voting in the negative were Senators:

Engram Garner

Langford

Tate

Stumbaugh

Those not voting were Senators:

Brannon Brown of 47th (excused) Howard

Kennedy (presiding) McGill Shumake

Timmons Tolleson

On the passage of the bill, the yeas were 42, nays 5.

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

1826

JOURNAL OF THE SENATE

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

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.

The Conference Committee report on HB 17 was as follows:

The Committee of Conference on HB 17 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 17 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Arthur B. Edge, IV Senator, 28th District
/s/ Harrill L. Dawkins Senator, 45th District
/s/ Donn M. Peevy Senator, 48th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ DuBose Porter Representative, 119th District
/s/ Charles A. Thomas, Jr. Representative, 69th District
/s/ Kenneth Waldrep Representative, 80th District

Conference Committee substitute to HB 17:

A BILL
To be entitled an Act 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 certain controlled substances, dangerous drugs, marijuana, alcoholic beverages, guns, pistols, or weapons; to provide definitions; to provide penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions affecting jails, is amended by adding at the end thereof a new Code section, to be designated Code Section 42-4-13, to read as follows:
"42-4-13. (a) As used in this Code section, the term:
(1) 'Alcoholic beverage' means and includes all alcohol, distilled spirits, beer, malt bev erage, wine, or fortified wine.
(2) 'Controlled substance" means a drug, substance, or immediate precursor in Sched ules HI through V of Code Sections 16-13-27 through 16-13-29.
(3) 'Dangerous drug' has the same meaning as defined by Code Section 16-13-71.
(b) (1) Unless otherwise authorized by law, it shall be unlawful for an inmate of a jail to possess any controlled substance, dangerous drug, gun, pistol, or other dangerous weapon or any marijuana in a quantity of one ounce or less.
(2) Any person who violates paragraph (1) of this subsection shall be guilty of a felony

MONDAY, MARCH 9, 1987

1827

and, upon conviction thereof, shall be imprisoned for not less than one nor more than five years.
(3) Notwithstanding the provisions of this subsection, possession of marijuana in a quantity greater than one ounce shall be punished as provided in Chapter 13 of Title 16.
(c) (1) Unless otherwise authorized by law, it shall be unlawful for an inmate of a jail to possess any alcoholic beverage.
(2) Any person who violates paragraph (1) of this subsection shall be guilty of a misdemeanor."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Edge of the 28th moved that the Senate adopt the Conference Committee re port on HB 17.

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

Those voting in the affirmative were Senators:

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

Edge English Engram Fincher Foster Garner
Gillis Harris Harrison Hine Howard Hudgins Kidd Land Langford McGill

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

Those not voting were Senators:

Brannon Brown of 47th (excused) Huggins

Kennedy (presiding) Shumake

Starr Timmons

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 17.

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

HB 170. By Representatives Cox of the 141st, Long of the 142nd, Reaves of the 147th, Patten of the 149th, Bostick of the 138th and others:
A bill to amend Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to dimensions and weights of vehicles and loads, so as to change certain length limitations for vehicles; to change certain length limita tions for vehicles operating with special permits.
Senate Sponsor: Senator Coleman of the 1st.

1828

JOURNAL OF THE SENATE

The Senate Committee on Transportation offered the following substitute to HB 170:
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 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, rescind the designation of, and place appropriate 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; 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. Code Section 32-6-24 of the Official Code of Georgia Annotated, relating to dimensions and weights of vehicles and loads, is amended by striking paragraph (2) of sub section (a) and inserting in its place a new paragraph (2) to read as follows:
"(2) Unless exempted in Code Section 32-6-25 or subsection (b) of this Code section or so authorized by a permit issued pursuant to Code Section 32-6-28, no vehicle or combina tion of vehicles and load shall exceed a total length of 60 feet and no semitrailer shall exceed 48 feet in length in a truck tractor-semitrailer combination and no truck tractor-semitrailertrailer combination shall be allowed except the department shall allow a semitrailer length of no more than 48 feet when operated as a truck tractor-semitrailer combination and a

MONDAY, MARCH 9, 1987

1829

semitrailer or trailer length of no more than 28 feet when operated as a truck tractor-semi trailer-trailer combination, provided that such vehicles may exceed 60 feet in length and shall only operate upon all fully limited access highways designed to National System of Interstate and Defense Highways standards and upon any road, street, or highway on the State Highway System which the department determines is appropriate to provide reasona ble access requirements in compliance with Public Law 97-424 and on which the department has posted appropriate signs specifying that use by such vehicles is authorized; and pro vided, further, that the department is authorized to designate certain roads, streets, or high ways upon which vehicles more than 60 feet in length may operate when operating as a truck tractor-semitrailer combination with a semitrailer no longer than 48 feet in length or a truck tractor-semitrailer-trailer combination with a semitrailer and trailer each of which shall be no longer than 28 feet in length. Such roads, streets, or highways shall be so desig nated only after the department has considered the operational and safety characteristics of such vehicles and of the roadways, provided that the department may rescind any roadway designation if it is determined by the department that the public safety has been dimin ished or operational problems increased, or both, by the actual operation of such vehicles. Such roadways shall be posted with appropriate signs specifying the maximum length al lowed for each vehicle combination. The department may permit the operation of a semi trailer which exceeds 45 feet in length without highway designation:
(A) If the semitrailer was manufactured prior to July 1, 1980, and the total length of the combination of vehicles is 55 feet or less; or
(B) If the length of the semitrailer is more than 45 feet but not more than 48 feet and the total length of the combination of vehicles does not exceed 55 feet, and the gross weight of the vehicle and its load does not exceed 50,000 pounds."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

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

The report of the committee, which was favorable to the passage of the bill 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 Bryant CBoulretmonan
Coverdell
Crumbley
Deal Dean
Echols Edge

English Engram Fincher Foster Garner Gillis Harris Harrison HHoinweard
Hudgins
Huggins
Kidd Land
Langford McGill

McKenzie Newbill Olmstead Peevy Perry philli Ra a^ R S"caoyittt of, 20n<!,
Scott of 36th
Stumbaugh
Tate Tolleson
Turner Tysinger

1830

JOURNAL OF THE SENATE

Those not voting were Senators:

Brannon Brown of 47th (excused) Dawkins

Kennedy (presiding) Shumake Starr

Timmons Walker

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

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

HB 657. By Representatives Pannell of the 122nd and Robinson of the 96th:
A bill to amend Article 6 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to trials under the "Georgia Civil Practice Act", so as to pro vide under what conditions findings of fact and conclusions of law must accom pany the judgment of a court of record.
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 BDBrroyuannt of 46th BCoulretomnan Coverdell
Crumbley Deal Dean
Echols Edge

English Engram Fincher Foster Garner Gillis HuHaarrrnisson HHoinweard Hudgins
Huggins Kidd Land
Langford McGill

McKenzie Newbill Olmstead Peevy Perry Phillips DRn agan "Scaoytttt of, 3_6,th Stumbaugh
Tate Tolleson Turner
Tysinger Walker

Those not voting were Senators:

Brannon Brown of 47th (excused) Dawkins

Kennedy (presiding) Scott of 2nd Shumake

Starr Timmons

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

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

SR 199. By Senators Howard of the 42nd and Kidd of the 25th:
A resolution urging the Governor to fill at least one position on the Board of Human Resources by a person who has a physical disability.

MONDAY, MARCH 9, 1987

1831

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 Bryant Burton Coleman Coverdell Crumbley 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 Starr Stumbaugh Tate Tolleson Turner Tysinger Walker

Those not voting were Senators:

Bowen Brannon Brown of 47th (excused)

Dawkins Kennedy (presiding)

Shumake Timmons

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

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

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.
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 Broun of 46th Bryant

Burton Coleman Coverdell Deal Dean Echols Edge

English Engram Fincher Foster Gillis Harris Harrison

1832

JOURNAL OF THE SENATE

Hine Howard Hudgins Huggins Kidd Land Langford McGill

McKenzie Newbill Olmstead Peevy Perry Phillips Ray Scott of 2nd

Scott of 36th Starr Stumbaugh Tate Tolleson Turner Tysinger Walker

Voting in the negative was Senator Crumbley. Those not voting were Senators:

Bowen Brannon Brown of 47th (excused)

Dawkins Garner Kennedy (presiding)

Ragan Shumake Timmons

On the passage of the bill, the yeas were 45, 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:
We are returning herewith the Senate substitute which the Speaker has again ruled and determined not germane to the following bill of the House:

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.

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

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.
Senate Sponsor: Senator Garner of the 30th.

The Senate Committee on Governmental Operations offered the following substitute to HB 661:

A BILL
To be entitled an Act to amend Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to salaries and fees of public officers, so as to provide that the commis sioner of corrections shall receive an annual salary set by the Board of Corrections; to repeal conflicting laws; and for other purposes.

MONDAY, MARCH 9, 1987

1833

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to salaries and fees of public officers, is amended by striking in its entirety paragraph (8) of subsection (a) of Code Section 45-7-4, relating to the annual salaries of certain state officials, which reads as follows:
"(8) Commissioner of corrections. . . . 58,500.00",
and inserting in its place a new paragraph (8) to read as follows:
"(8) Commissioner of corrections ... As set by the Board of Corrections".
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senators Foster of the 50th and Garner of the 30th offered the following substitute to HB 661:

A BILL

To be entitled an Act to amend Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to salaries and fees of public officers, so as to provide that the commis sioner of corrections and the State School Superintendent shall receive annual salaries set, respectively, by the Board of Corrections and by the State Board of Education; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to salaries and fees of public officers, is amended by striking in their entirety paragraphs (8) and (13) of subsection (a) of Code Section 45-7-4, relating to the annual salaries of certain state officials, which read as follows:

"(8) Commissioner of corrections

...............

58,500.00

(13) State School Superintendent ...................................... 62,000.00",

and inserting in their place new paragraphs (8) and (13), respectively, to read as follows:

"(8) Commissioner of corrections (13) State School Superintendent

As set by the Board of Corrections As set by the State Board of Education".

Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute to HB 661 offered by the Senate Committee on Gov ernmental Operations, Senator Howard of the 42nd called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Baldwin
Bowen Engram Foster

Garner Hine
Hudgins Kidd

Langford Olmstead
Ragan Scott of 36th

Those voting in the negative were Senators:

Albert Allgood Barker Broun of 46th Bryant Burton

Coleman Coverdell Crumbley Deal Dean Echols

Edge English Fincher Gillis Harris Harrison

1834

JOURNAL OF THE SENATE

Howard Huggins Land McGill McKenzie Newbill

Peevy Perry Phillips Ray Scott of 2nd Starr

Stumbaugh Tate Tolleson Turner Tysinger Walker

Those not voting were Senators:

Brannon

Dawkins

Brown of 47th (excused) Kennedy (presiding)

Shumake Timmons

On the adoption of the substitute, the yeas were 13, nays 36, and the substitute was lost.

Senator Garner of the 30th moved that HB 661 be postponed until March 10.

Senator Barnes of the 33rd moved that HB 661 be committed to the Senate Committee on Governmental Operations.

On the motion offered by Senator Garner of the 30th, which motion takes precedence, the yeas were 11, nays 31; the motion was lost, and HB 661 was not postponed until March 10.

On the motion offered by Senator Barnes of the 33rd, the yeas were 40, nays 0; the motion prevailed, and HB 661 was committed to the Senate Committee on Governmental Operations.

The President resumed the Chair.

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

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.

Senator Coleman of the 1st moved that the Senate adhere to the Senate substitute to HB 191, and that a Conference Committee be appointed.

On the motion, the yeas were 40, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 191.

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

Senators Coleman of the 1st, Kennedy of the 4th and Kidd of the 25th.

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

MONDAY, MARCH 9, 1987

1835

The House has disagreed to the Senate amendment, to the House substitute, to the following bill of the Senate:
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.
The following general bill of the House, having been read the third time on March 6 and postponed until March 9, was put upon its passage:
HB 303. By Representative Reaves of the 147th:
A bill to amend Code Section 2-3-5 of the Official Code of Georgia Annotated, relating to the composition of the Georgia Agrirama Development Authority, so as to provide that members of the authority shall be entitled to be reimbursed for actual expenses, including travel and any other expenses, incurred while in the performance of their duties.
Senate Sponsor: Senator McGill of the 24th.
Senators Langford of the 35th, Dean of the 31st and Kidd of the 25th offered the fol lowing substitute to HB 303:
A BILL
To be entitled an Act to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to provide that members of the Georgia Agrirama Development Authority shall be entitled to be reimbursed for actual expenses, including travel, incurred while in the performance of their duties; to create the Atlanta Market for Georgia Farm Products Authority; to provide for a short title; to provide for definitions; to provide for powers, duties, purpose, and authority of the authority; to assign the authority to the De partment of Agriculture for administrative purposes; to provide for composition of the au thority; to provide for officers, employees, bylaws, and quorum; to provide for compensation; to provide for disclosure of conflicts of interest; to provide for maintenance and inspection of books and records of the authority; to provide that the authority is performing a govern mental function; to provide for police powers; to provide venue and jurisdiction; to provide for all related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 2 of the Official Code of Georgia Annotated, relating to agriculture, is amended by striking in its entirety subsection (e) of Code Section 2-3-5, relating to the composition of the Georgia Agrirama Development Authority, and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) The members of the authority shall receive no compensation for their services but all members shall be entitled to be reimbursed for actual expenses, including travel, in curred while in the performance of their duties. Employees of the authority shall receive reasonable compensation for their services, the amount to be determined by the members of the authority."

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Section 2. Said title is further amended by adding a new Chapter 15 to read as follows:
"CHAPTER 15
2-15-1. This chapter shall be known as and may be cited as the 'Atlanta Market for Georgia Farm Products Authority Act.'
2-15-2. As used in this chapter, the term:
(1) 'Authority' means the 'Atlanta Market for Georgia Farm Products Authority."
(2) 'Project' means any acquisition, construction, alteration, subdivision, development, improvement, or maintenance of a municipal market for Georgia farm products in or around the downtown area of the City of Atlanta.
2-15-3. (a) There is created a body corporate and politic, to be known as the Atlanta Market for Georgia Farm Products Authority, which shall be deemed an instrumentality of the State of Georgia and a public corporation. By that name, style, and title such body may contract and be contracted with, bring and defend actions, implead and be impleaded, and complain and defend in all courts.
(b) The authority may delegate to one or more of its members or to its agents and employees such powers and duties as it may deem proper.
(c) The authority shall exist for 99 years.
2-15-4. All income, revenues, gifts, grants, appropriations, rights, and privileges of value of every nature accruing to the authority shall be used for the sole purpose of beautifying, improving, developing, maintaining, administering, managing, and promoting a municipal market for Georgia farm products in or around the downtown area of Atlanta.
2-15-5. The authority is assigned to the Department of Agriculture for administrative purposes and supportive services.
2-15-6. (a) The authority shall consist of seven members as follows:
(1) Two members shall be appointed by the mayor of the City of Atlanta and two mem bers shall be appointed by the President of the Atlanta city council, all of whom shall be confirmed by the Atlanta city council;
(2) The Commissioner of Agriculture, or his designee; and
(3) Two members shall be appointed by the Governor.
(b) The authority shall elect one of its members as chairman and another as vice-chair man. It shall also elect a secretary and a treasurer who need not be members. The offices of secretary and treasurer may be combined in one person.
(c) The authority may make such bylaws for its government as it deems necessary but is under no duty to do so.
(d) Any five members of the authority shall constitute a quorum necessary for the transaction of business. A majority vote of those present at any meeting at which there is a quorum shall be sufficient to do and perform any action permitted to the authority by this chapter. No vacancy on the authority shall impair the right of a quorum to transact any and all such business.
(e) The members of the authority shall receive no compensation for their services. Em ployees of the authority shall receive reasonable compensation for their services, the amount to be determined by the members of the authority.
(f) The Attorney General shall provide legal services for the authority. In connection therewith, Code Sections 45-15-13 through 45-15-16 shall be fully applicable.
2-15-7. (a) Every member and employee of the authority who knowingly has any direct or indirect interest in any contract to which the authority is or is about to become a party or in any other business of the authority or in any firm or corporation doing business with the authority shall make full disclosure of such interest to the authority. Failure to disclose such

MONDAY, MARCH 9, 1987

1837

an interest shall constitute cause for which an authority member may be removed or an employee discharged or otherwise disciplined, at the discretion of the authority.
(b) Any contract or transaction of the authority involving a conflict of interest not dis closed under subsection (a) of this Code section or involving a violation of any other provi sion of law applicable to the authority and its members, officers, or employees and regulat ing conflicts of interest shall be voidable by the authority.
2-15-8. (a) The members of the authority shall be accountable in all respects as trustees.
(b) The authority shall keep suitable and proper books and records of all receipts, in come, and expenditures of every kind and shall submit for inspection all of such books, together with a proper statement of the authority's financial position, on or about December 31 of each year, to the state auditor.
2-15-9. The authority shall have the power:
(1) To have a seal and alter it at pleasure;
(2) To acquire, hold, and dispose of personal property for its corporate purposes;
(3) To appoint a director and select officers, agents, and employees, including engineer ing, architectural, and construction experts, and to fix their compensation;
(4) To make contracts and to execute all instruments necessary or convenient, including contracts for construction of projects or contracts with respect to the leasing or use of projects which it causes to be subdivided, erected, or acquired;
(5) To plan, survey, subdivide, improve, administer, construct, erect, acquire, own, re pair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects, as defined in Code Section 2-15-2, to be located on property owned or leased by the authority; the cost of any such project shall be paid from its income, from any grant from the United States government or any agency or instrumentality thereof or from this state;
(6) To accept loans or grants, or both, of money, materials, or property of any kind from the United States government or any agency or instrumentality thereof, upon such terms and conditions as the United States government or such agency or instrumentality may impose;
(7) To exercise any power usually possessed by private corporations performing similar functions which is not in conflict with the Constitution and laws of this state;
(8) To do all things necessary or convenient to carry out the powers expressly given in this chapter;
(9) To act as agent for the United States government or any agency, department, corpo ration, or instrumentality thereof in any manner within the purposes or powers of the authority;
(10) To adopt, alter, or repeal its own bylaws, rules, and regulations governing the man ner in which its business may be transacted and in which the power granted to it may be enjoyed, as the authority may deem necessary or expedient in facilitating its business;
(11) To do any and all other acts and things authorized or required to be done by this chapter, whether or not included in the general powers mentioned in this Code section;
(12) To receive gifts, donations, or contributions from any person, firm, or corporation or from any county, municipal, or local governing body;
(13) To hold, use, administer, and expend such sum or sums as may hereafter be re ceived as income or gifts or as may be appropriated by authority of the General Assembly for any of the purposes of this authority;
(14) To acquire, lease as lessee, purchase, hold, own, and use any franchise or real or personal property, whether tangible or intangible, or any interest therein and, whenever the same is no longer required for purposes of the authority, to sell, lease as lessor, transfer, or

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dispose thereof or to exchange the same for other property or rights which are useful for its purposes;
(15) To fix, alter, charge, and collect fares, rates, rentals, and other charges for its facili ties; and
(16) To invest and reinvest any or all idle funds or moneys, including, but not limited to, contributions, gifts, or grants, which cannot be immediately used for the purpose for which received in any security or securities which are legal investments for executors or trustees, provided that such investments in such securities will, at all times, be held for and, when sold, used for the purposes for which the money was originally received.
2-15-10. It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purposes are in all respects for the benefit of the people of this state and constitute a public purpose and that the authority will be performing an essential governmental function in the exercise of the power conferred upon it by this chapter. The authority shall be required to pay no taxes or assessments upon any of the property ac quired by it or under its jurisdiction, control, possession, or supervision or upon its activities in the operation or maintenance of the facilities erected, maintained, or acquired by it nor upon any fees, rentals, or other charges for the use of such facilities or other income received by the authority.
2-15-11. The authority is empowered to exercise such of the police powers of the state as may be necessary to maintain peace and order and to enforce any and all restrictions upon its properties and facilities, to the extent that such is lawful under the laws of the United States and this state; however, the authority may delegate all or any part of the performance of this function for a time or permanently to the state or to Fulton County.
2-15-12. Any action to protect or enforce any rights under this chapter shall be brought in the Superior Court of Fulton County, which shall have exclusive original jurisdiction of such actions."
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 Langford of the 35th asked unanimous consent to withdraw the substitute to HB 303 offered by Senators Langford of the 35th, Dean of the 31st and Kidd of the 25th, and the consent was granted.
Senator Allgood of the 22nd moved that HB 303 be committed to the Senate Commit tee on Governmental Operations.
On the motion, the yeas were 36, nays 0; the motion prevailed, and HB 303 was com mitted to the Senate Committee on Governmental Operations.
The following general bill of the House, having been read the third time on March 6 and postponed until March 9, was put upon its passage:
HB 263. By Representative Watson of the 114th:
A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to require a franchisor to honor the transfer of a dealership by or through sale, a gift, a will, or the laws of de scent and distribution, provided that the purchaser or successor meets the usual and customary conditions and requirements of a dealer as prescribed in writing by the franchisor.
Senate Sponsor: Senator Barker of the 18th.

MONDAY, MARCH 9, 1987

1839

Senator Edge of the 28th offered the following amendment:

Amend HB 263 as follows:

By adding a comma "," after the word "dealer" on line 3 of page 2;

By adding on page 2 on line 6 the words "in writing" after the word "designated", and the words "notice from" after the word "by", and the words "to the producer or redistributor" after the word "dealer";

And by adding on page 3 on line 13 after the word "time" the words "of designation".

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 Broun of 46th BBuryrtaonnt
Coleman Coverdell
Crumbley Deal Dean Echols Edge

English Engram Fincher Foster Garner Gillis Harris HHoarwriasrodn
Hudgins Huggins
Kennedy Kidd Land McGill McKenzie

Newbill Olmstead Peevy Perry Phillips j^ gcott of 2nd cScott of, 36. th,
tarr Stumbaugh
Tate Tolleson Turner Tysinger Walker

Voting in the negative was Senator Hine.

Those not voting were Senators:

Brannon Brown of 47th (excused) Dawkins

Langford Ragan

Shumake Timmons

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

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

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

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.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Bowen Broun of 46th Bryant Burton Coleman Coverdell Crumbley Deal Dean Echols Edge English Engram

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

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

Voting in the negative was Senator Phillips.

Those not voting were Senators:

Barker Barnes Brannon

Brown of 47th (excused) Dawkins Huggins

Shumake Timmons

On the adoption of the resolution, the yeas were 46, nays 1.

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

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

HR 109. By Representatives Redding of the 50th, Robinson of the 58th, Richardson of the 52nd and others:
A resolution creating the DeKalb County Government Study Commission.
Senate Sponsor: Senator Kidd of the 25th.

Senator Walker of the 43rd moved that the Senate insist upon the Senate amendment to HR 109.

On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate insisted upon the Senate amendment to HR 109.

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

SR 170. By Senators Peevy of the 48th, Deal of the 49th, Walker of the 43rd and others: A resolution creating the Senate Juvenile Justice System Study Committee.

MONDAY, MARCH 9, 1987

1841

The Senate Rules Committee offered the following amendment:
Amend SR 170 by striking from line 13 of page 2 the following: "December 1,", and inserting in lieu thereof the following: "December 15,".
On the adoption of the amendment, the yeas were 35, nays 0, and the amendment was adopted.
Senator Hudgins of the 15th offered the following amendment:
Amend SR 170 by adding following "System" on line 1 of page 1 the following: "and Youth Development Center". By striking the period following "needed" on line 12 of page 1 and inserting in its place the following: "; and WHEREAS, the three major responsibilities concerning the juvenile delinquents com mitted to youth development centers are: (1) To protect the community; (2) To provide treatment and rehabilitation; and (3) To help prevent juveniles from graduating to adult criminals; and WHEREAS, youth development centers are the last line of defense in the treatment and rehabilitation of juvenile delinquents; and WHEREAS, if other programs were available, residents of youth development centers could be better served and more easily rehabilitated; and WHEREAS, the Division of Youth Services of the Department of Human Resources has reduced successfully the number of youth housed at youth development centers; and WHEREAS, several of the cottages and buildings at the various youth development centers are in need of repair or replacement at a cost of $4.8 million; and WHEREAS, the employees and youth in such youth development centers should be consulted about changes which may be needed in the operation of such facilities; and WHEREAS, there is a need and an opportunity to examine: (1) The most effective use of youth development centers in this state; (2) The most desirable future programming for Georgia's delinquent youth; (3) The best treatment and service for delinquent youth in youth development centers; and (4) Other problems relative to youth development centers; and WHEREAS, a participative planning process such as a search conference, involving all the major youth development center stakeholders, particularly the employees and commit ted youth, would be the most advantageous method to address these questions." By striking from line 20 of page 1 the following: "the",
and inserting in its place the following: "the committee shall make a comprehensive study of the juvenile justice system and the
operation of youth development centers in this state. The committee is authorized to utilize consultants skilled in use of such planning processes to assist the committee in its study.

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The committee is further authorized to establish an advisory committee including public and private parties such as judiciary, executive, legislative, and law enforcement officials as well as adult criminal justice officials and advocates to help in the completion of the study; provided, however, that such parties shall not receive any compensation or reimbursement from the state unless otherwise provided by law. The".
By striking from line 7 of page 2 the following: "five",
and inserting in its place the following: "ten".

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

The President 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 and placed on the Senate General Calendar.

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

HR 56. By Representative Mueller of the 126th: A resolution compensating Ms. Allene Persons in the sum of $1,482.93. Senate Sponsor: Senator Dean of the 31st.

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

The resolution, involving an appropriation, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bowen Broun of 46th Bryant Burton Coleman Coverdell Crumbley Deal Dean Echols Edge 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 Starr Stumbaugh Tate Tolleson Turner Tysinger Walker

Voting in the negative was Senator Allgood.

Those not voting were Senators:

Brannon

Dawkins

Brown of 47th (excused) Garner

Shumake Timmons

MONDAY, MARCH 9, 1987

1843

On the adoption of the resolution, the yeas were 48, nays 1.

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

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. Senate Sponsor: Senator Dean of the 31st.

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

The resolution, involving an appropriation, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bowen Broun of 46th Bryant Burton Coleman Coverdell Crumbley Deal Dean Echols Edge 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 Starr Stumbaugh Tate Tolleson Turner Tysinger Walker

Voting in the negative was Senator Allgood.

Those not voting were Senators:

Brannon

Dawkins

Brown of 47th (excused) Garner

Shumake Timmons

On the adoption of the resolution, the yeas were 48, nays 1.

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

HR 218. By Representative Padgett of the 86th: A resolution compensating Mr. Dorian Patrick Wells, Jr. in the sum of $956.00. Senate Sponsor: Senator Dean of the 31st.

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

The resolution, involving an appropriation, a roll call was taken, and the vote was as follows:

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Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bowen Broun of 46th Bryant Burton Coleman Coverdell Crumbley Deal Dean Echols Edge 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 Starr Stumbaugh Tate Tolleson Turner Tysinger Walker

Voting in the negative was Senator Allgood.

Those not voting were Senators:

Brannon

Dawkins

Brown of 47th (excused) Garner

Shumake Timmons

On the adoption of the resolution, the yeas were 48, nays 1.

The resolution, having received the requisite constitutional majority, was adopted. HR 254. By Representative Bannister of the 62nd:
A resolution compensating Mr. Bryan Todd Fitzgerald in the sum of $1,309.89. Senate Sponsor: Senator Dean of the 31st.

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

The resolution, involving an appropriation, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bowen
Broun of 46th Bryant Burton Coleman Coverdell Crumbley Deal Dean Echols Edge 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 Starr Stumbaugh Tate Tolleson Turner Tysinger Walker

MONDAY, MARCH 9, 1987

1845

Voting in the negative was Senator Allgood.

Those not voting were Senators:

Brannon

Dawkins

Brown of 47th (excused) Garner

Shumake Timmons

On the adoption of the resolution, the yeas were 48, nays 1.

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

HR 265. By Representative Ricketson of the 82nd: A resolution compensating Mr. William E. Wilder in the sum of $36,500.00. Senate Sponsor: Senator Dean of the 31st.

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

The resolution, involving an appropriation, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bowen Broun of 46th Bryant Burton Coleman Coverdell Crumbley Deal Dean Echols Edge 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 Starr Stumbaugh Tate Tolleson Turner Tysinger Walker

Voting in the negative was Senator Allgood.

Those not voting were Senators:

Brannon

Dawkins

Brown of 47th (excused) Garner

Shumake Timmons

On the adoption of the resolution, the yeas were 48, nays 1.

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

HR 270. By Representative Randall of the 101st: A resolution compensating Mrs. Frans Reid on behalf of Loverne Terrell Matlock in the sum of $469.20.
Senate Sponsor: Senator Dean of the 31st.

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

The resolution, involving an appropriation, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bowen Broun of 46th Bryant Burton Coleman Coverdell Crumbley Deal Dean Echols Edge 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 Starr Stumbaugh Tate Tolleson Turner Tysinger Walker

Voting in the negative was Senator Allgood.

Those not voting were Senators:

Brannon

Dawkins

Brown of 47th (excused) Garner

Shumake Timmons

On the adoption of the resolution, the yeas were 48, nays 1.

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

The following resolution of the Senate was read and put upon its adoption:

SR 223. By Senators Allgood of the 22nd and Kennedy of the 4th:
A resolution relative to adjournment by the General Assembly at 10:00 o'clock P.M. on Tuesday, March 10, and to reconvene at 9:30 o'clock A.M. on Thursday, March 12.

On the adoption of the resolution, the yeas were 41, nays 0.

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

Senator Allgood of the 22nd moved that the Senate do now adjourn until 9:00 o'clock A.M. tomorrow, and the motion prevailed.

At 6:50 o'clock P.M., the President announced the Senate adjourned until 9:00 o'clock A.M. tomorrow.

TUESDAY, MARCH 10, 1987

1847

Senate Chamber, Atlanta, Georgia Tuesday, March 10, 1987
Thirty-ninth 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 bill of the Senate:
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, em ployee, or agent of such political subdivision shall not have a cause of action against such political subdivision for such injury.
The House has agreed to the Senate amendments to the following resolutions of the House:
HR 10. By Representative Richardson of the 52nd: A resolution creating the Joint Study Committee on Community Services for the Mentally Disabled.
HR 189. By Representative Dobbs of the 74th: A resolution creating the Joint Study Committee on the Conversion of Waste to Energy.
The House has agreed to the Senate amendments to the following bills of the House:
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.
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.

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HB 1050. By Representatives Athon of the 57th, Mangum of the 57th and Alford of the 57th: A bill to create the Conyers-Rockdale-Big Haynes Impoundment Authority.
HB 1126. By Representative Dixon of the 151st: A bill to amend an Act providing and establishing a new charter for the City of Waycross, so as to provide for the office of mayor.
HB 1010. By Representatives Jackson of the 83rd, Watts of the 41st, Barnett of the 10th, Dover of the llth, Bargeron of the 108th and others: A bill to amend Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to licenses, permits, and stamps concerning game and fish generally, so as to change the criteria for issuing such permits.
HB 1016. By Representatives Childers of the 15th, McKelvey of the 15th and Smith of the 16th: A bill to provide for the merger and consolidation of the existing Floyd County School System and the existing City of Rome Independent School System into a single county-wide school system.
HB 1084. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd and Holcomb of the 72nd: A bill to amend an Act to change the composition of and the manner of selection of the members of the board of education of Clayton County, so as to change the compensation of the chairman or president and other members of the board.
The House has agreed to the Senate substitutes to the following bills of the House:
HB 614. By Representatives Groover of the 99th, Chambless of the 133rd, Robinson of the 96th and Thomas of the 69th:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to create the offices of Senior Appellate Court Justice and Senior Appellate Court Judge.
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 126. By Representative Wall of the 61st: A bill to amend Article 2 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order, so as to prohibit certain acts and conduct which would prevent or disrupt a session or meeting of the Senate or House of Representatives, a joint session thereof, or any meeting of any stand ing or interim committee, commission, or caucus of members thereof.
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.

TUESDAY, MARCH 10, 1987

1849

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 840. By Representative Workman of the 51st:
A bill to amend Part 6 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to elevators, dumbwaiters, escalators, manlifts, and moving walks, so as to provide for standards of inspection; to provide that in spections shall cover hoistways, associated equipment rooms, and access thereto, and shall include lobby smoke detectors.
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 1033. By Representatives Johnson of the 123rd, Triplett of the 128th, Mueller of the 126th, Alien of the 127th and Hamilton of the 124th:
A bill to create the Chatham County Law Enforcement and Jails Study Commission.
HB 1069. By Representatives Williams of the 48th, Robinson of the 58th, Richardson of the 52nd, Childs of the 53rd, Waldrep of the 80th and others:
A bill to amend an Act providing for the compensation of certain county officers and officials of DeKalb County, so as to change the compensation of the tax com missioner and the provisions relating to the compensation of the tax commissioner.
The House has adopted the report of the Committee of Conference on the following bills 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.
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.

1850

JOURNAL OF THE SENATE

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

HB 1043. By Representatives Redding of the 50th, Robinson of the 58th, Aaron of the 56th, Williams of the 48th, Williams of the 54th and others:
A bill to amend an Act revising, superseding, and consolidating the laws relating to the governing authority of DeKalb County, so as to provide for an annual salary for the Chief Executive and for members of the DeKalb County Commission.

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

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 following resolution of the Senate was introduced, read the first time and referred to committee:

SR 220. By Senator Kidd of the 25th:
A resolution creating the Senate Hotel and Motel Franchise Operation Study Committee. Referred to Committee on Rules.

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

Mr. President:

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

HB 539. Do pass by substitute.

HB 1118. Do pass.

HB 728. Do pass.

HB 1119. Do pass.

HB 889. Do pass.

HB 1120. Do pass.

HB 1017. Do pass.

HB 1127. Do pass.

HB 1049. Do pass.

HB 1129. Do pass.

HB 1091. Do pass.

HB 1137. Do pass.

HB 1092. Do pass.

HB 1140. Do pass.

HB 1093. Do pass.

HB 1141. Do pass.

HB 1094. Do pass.

HB 1142. Do pass.

HB 1100. Do pass.

HB 1145. Do pass.

HB 1101. Do pass.

HB 1146. Do pass.

HB 1107. Do pass.

HB 1147. Do pass.

HB 1113. Do pass as amended.

HB 1090. Do pass.

Respectfully submitted,

Senator Turner of the 8th District, Chairman

TUESDAY, MARCH 10, 1987

1851

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

Albert Allgood Barker Brannon Burton Deal Echols Edge English

Fincher Foster Harrison Hine Huggins Kennedy Kidd Land McGill

Newbill Olmstead Peevy Ragan Scott of 36th Stumbaugh Tolleson Turner Tysinger

Those not answering were Senators:

Baldwin Barnes Bowen Broun of 46th BBrroywannt of 47th (excused) Coleman
Coverdell
Crumbley Dawkins

Dean Engram Garner GiUig uJj 8 TM Howard
Hudgms
Langford McKenzie

Perry Phillips Ray Scott of 2nd ofu umaki e Starr
Tate
Timmons Walker

Senator Stumbaugh of the 55th served as chaplain of the day and offered scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 216. By Senator Ray of the 19th: A resolution congratulating Mr. and Mrs. Johnny Wayne Jowers.

SR 217. By Senator Broun of the 46th: A resolution commending Dr. Fred C. Davison.

SR 218. By Senator Dean of the 31st: A resolution commending Charles L. Knight.

SR 219. By Senator Harrison of the 37th: A resolution commending Ms. Dianne Isakson.

SR 221. By Senators Barker of the 18th, Hudgins of the 15th, Burton of the 5th and others:
A resolution commending Continuum's New Life/Mother-to-Mother Project.

SR 222. By Senators Tate of the 38th, Walker of the 43rd and Langford of the 35th: A resolution commending Dr. Moses Conrad Norman, Sr.

SR 224. By Senators Scott of the 2nd, Allgood of the 22nd and Walker of the 43rd:
A resolution expressing appreciation to the ladies of the telephone center for their unyielding dedication and steadfast assistance during the 1987 regular session.

1852

JOURNAL OF THE SENATE

SR 225. By Senator Shumake of the 39th:
A resolution commending Reverend Barbara King.
The following local, uncontested bills of the House, favorably reported by the commit tee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR
Tuesday, March 10, 1987
THIRTY-NINTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
*HB 539 Baldwin, 29th Troup County
Creates Board of Elections and Registration in county; empowers said board with powers and duties of the election superintendent relating to conduct of elections. (SUBSTITUTE)
HB 728 Peevy, 48th Phillips, 9th Gwinnett County
Amends Act creating Board of Commissioners; changes compensation of board and chairman.
HB 889 Coleman, 1st Scott, 2nd Bryant, 3rd City of Savannah Chatham County
Continues amendment providing that independent school system of Chatham County and City of Savannah shall be deemed to be a county school system within meaning of this Constitution and the general laws of this state.
HB 1017 Bowen, 13th Turner County Continues amendment which was proposed by H.R. No. 80-249 enacted at the 1961 session of General Assembly and which was duly ratified at the 1962 general election (Ga. L. 1961, P. 624) and which creates Turner County De velopment Authority.
HB 1049 Garner, 30th Baldwin, 29th City of Carrollton Carroll County
Continues amendment which relates to providing for a homestead exemption for residents of City of Carrollton in an amount to be fixed by governing authority of city at not more than $2,000.00 from all city ad valorem taxes.
HB 1091 Deal, 49th Newbill, 56th Forsyth County
Provides for Forsyth County Board of Registrations and Elections.

TUESDAY, MARCH 10, 1987

1853

HB 1092 Peevy, 48th City of Auburn Barrow County
Continues amendment granting a $2,000.00 homestead exemption from mu nicipal ad valorem taxes to each resident of city.

HB 1093 Ragan, 10th Bowen, 13th Colquitt 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 O.C.G.A.

HB 1094 Ray, 19th Jeff Davis County
Continues amendment authorizing and governing bodies of county and each of the political subdivisions located in county to exempt from ad valorem taxation, the capital improvements of new industries and businesses.

HB 1100 Peevy, 48th City of Sugar Hill Gwinnett County
Continues amendment granting $2,000.00 homestead exemption from munici pal ad valorem taxes to each resident of City of Sugar Hill who is disabled or 62 years of age or older and has specified income not exceeding $5,000.00 per year.

HB 1101 Brown, 47th Banks County
Continues amendment creating Banks County Industrial Building Authority and provides for powers, authority, funds, purposes, and procedures con nected therewith.

HB 1107 Bryant, 3rd Echols, 6th City of Brunswick Glynn County
Amends Act implementing Brunswick and Glynn County Development Au thority; changes method of appointing membership; amends terms of office of such membership.

*HB 1113

Foster, 50th White County
Amends Act creating Board of Commissioners of county; recreates board of commissioners to consist of a chairman and two other members. (AMEND MENT)

HB 1118 Baldwin, 29th Garner, 30th Carroll County
Amends Act establishing State Court of county; provides for expenses of so licitor in collecting fines and forfeitures.

1854

JOURNAL OF THE SENATE

HB 1119 Harrison, 37th Brannon, 51st City of Ball Ground Cherokee County
Amends Act creating charter for city in county; expands corporate limits.
HB 1120 Echols, 6th Brantley County
Continues amendment creating Brantley County Development Authority.
HB 1127 Huggins, 53rd Walker County
Amends Act creating State Court of county; provides for a secretary for judge of court.
HB 1129 Foster, 50th Rabun County Sky Valley
Provides for a $10,000.00 homestead exemption from all city of Sky Valley ad valorem taxes for residents of that city; provides for a referendum.
HB 1137 Echols, 6th Bacon County
Amends Act creating Board of Commissioners for county; changes compensa tion of members.
HB 1140 Huggins, 53rd Fincher, 54th Catoosa County
Amends Act placing coroner of county on an annual salary; increases salary of coroner; clarifies when deputy coroner may act in place of coroner.
HB 1141 English, 21st Glascock County
Amends Act creating Board of Commissioners of county; corrects references and makes grammatic and stylistic changes in such Act; changes provisions relating to compensation of clerk.
HB 1142 English, 21st Glascock County
Amends Act abolishing fee system of compensation for sheriff and provides in lieu thereof an annual salary; changes provisions relating to compensation of chief deputy sheriff and deputy sheriffs.
HB 1145 Timmons, llth City of Fort Gaines Clay County
Continues amendment providing for establishment, construction, financing, and operation of municipal port and terminal facilities in City of Fort Gaines and Clay County.

TUESDAY, MARCH 10, 1987

1855

HB 1146 Timmons, llth Clay County
Continues amendment creating Clay County Development Authority.
HB 1147 Timmons, llth City of Fort Gaines Clay County Continues amendment authorizing City of Fort Gaines in county to levy a tax not to exceed one mill for purpose of promoting and encouraging location of new industries in city.
HB 1090 Deal, 49th Newbill, 56th City of Gumming Forsyth County Amends Act creating new charter for city; provides water service area bound aries for city.
HB 1099 Peevy, 48th Phillips, 9th Gwinnett County Amends Act authorizing Gwinnett County and governing authority thereof to appoint a Merit System Board; provides that constitutional county officers shall have authority under certain conditions to select, employ, and discharge certain personnel.
HB 1124 Hine, 52nd Floyd County Amends Act abolishing offices of tax receiver and tax collector of county and creates in their place the office of tax commissioner of county; authorizes Board of Commissioners of county to supplement the compensation of that tax commissioner.
HB 1125 Hine, 52nd Floyd County Amends Act establishing compensation and allowances for clerk of Superior Court of county and judge of Probate Court of county; authorizes Board of Commissioners of county to supplement the compensation of such officers.
The substitutes to the following bills were put upon their adoption:
*HB 539:
The Senate Committee on Urban and County Affairs offers the following substitute to HB 539:
A BILL
To be entitled an Act to create a board of elections and registration in Troup County; to empower said board with the powers and duties of the election superintendent relating to the conduct of elections; to empower said board with the powers and duties of the board of registrars relating to the registration of voters and absentee balloting procedures; to provide for the qualifications and terms of the members of said board; to provide a method for the appointment, resignation, and removal of its members; to provide for a chairman, other officers, clerical assistants, and other employees; to provide for meetings and procedures of

1856

JOURNAL OF THE SENATE

the board; to provide for compensation for the members and employees of said board; to provide for other matters relative to the foregoing; to provide effective dates; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Pursuant to authorization contained in subsection (b) of Code Section 21-240 of the Official Code of Georgia Annotated, there is created a Troup County Board of Elections and Registration and said board is empowered with the powers and duties of the election superintendent relating to the conduct of elections and with the powers and duties of the board of registrars relating to the registration of voters and absentee balloting procedures.
Section 2. (a) The Troup County Board of Elections and Registration shall be com prised of seven members to be appointed as follows: One member shall be appointed for a term of one year by the governing authority of the City of West Point; one member shall be appointed for a term of one year by the governing authority of the City of Hogansville; one member shall be appointed for a term of two years by the governing authority of the City of LaGrange; one member shall be appointed for a term of two years by the chairman of the county executive committee of the political party whose candidates received the largest number of votes in this state for members of the General Assembly at the last preceding general election; one member shall be appointed for a term of three years by the chairman of the county executive committee of the political party whose candidates received the sec ond largest number of votes in this state for members of the General Assembly at the last preceding general election; and two members shall be appointed for a term of three years by the governing authority of Troup County. Such appointments by the chairmen shall be rati fied by a majority of the members of the respective county executive committees of those political parties voting at a meeting duly called and held for that purpose; however, in the event that the members of such executive committees shall fail to elect any such board member within 90 days prior to January 1, 1988, or thereafter within 90 days prior to the expiration of the term of the predecessor in office, such members shall be appointed by the governing authority of Troup County. The terms of the seven initial members shall begin January 1, 1988. Successors to the initial members of the board shall take office on the first day of January following their appointment and shall serve for terms of three years and until their successors are appointed and qualified.
(b) Upon the appointment of a member, the chairman of the county executive commit tee of the political party or the governing authority, as the case may be, shall file an affidavit with the clerk of Superior Court of Troup County, no later than 30 days preceding the date at which such member is to take office, stating the name and residential address of the person appointed certifying that such member has been duly appointed as provided in this Act. The clerk of the superior court shall record each of such certifications on the minutes of the court and shall certify the name of each such member to the Georgia Secretary of State and shall provide for the issuance of appropriate commissions to the members within the same time and in the same manner as provided by law for registrars.
(c) Three members of the Troup County board of elections shall be elected by the mem bers of that board in January of each year to serve respectively as chairman, vice-chairman, and secretary for terms of one year. The chairman, vice-chairman, and secretary shall be allowed to succeed themselves.
(d) Five members of the Troup County board of elections shall constitute a quorum of the board. Any action to be taken by the board shall be approved by the affirmative vote of a majority of those present and voting, excluding the chairman of the board. The chairman shall vote only when necessary to break a tied vote of the other members of the board.
(e) The judge of the Probate Court of Troup County shall call the first meeting of the board in January, 1988. Thereafter, the board of elections shall meet on the call of the chairman. Each member shall be given at least 48 hours' notice prior to each meeting of the board.

TUESDAY, MARCH 10, 1987

1857

Section 3. (a) Any elector and resident of Troup County shall be eligible for member ship on the board of elections except that no person who holds any federal, state, or local elective public office shall be eligible during the term of such elective office and the position of any member shall be deemed vacant upon such member's qualifying as a candidate for elective public office.
(b) Each member of the board of elections shall take substantially the same oath as required by law for registrars before entering upon his or her duties. Each member shall have the same privileges from arrest provided by law for registrars.
Section 4. (a) In the event a vacancy occurs in the office of any appointed member before the expiration of his or her term, whether by removal, death, resignation, or other wise, the respective appointing authority shall, within 90 days following such vacancy, ap point a successor to serve the remainder of the unexpired term. The clerk of Superior Court of Troup County shall be notified of interim appointments or elections and record and cer tify such appointments or elections in the same manner as the regular appointment or elec tion of members.
(b) In the event the chairman of either of the county executive committees of the politi cal parties shall fail to make an interim appointment within the time specified in subsection (a) of this section, the county governing authority shall make such appointment. Any mem ber wishing to resign shall give written notice thereof to the respective appointing authority and shall file a copy thereof with the clerk of Superior Court of Troup County.
(c) All members shall be subject to removal from the board at any time for cause after notice and hearing, in the same manner and by the same authority as provided for removal of registrars.
Section 5. (a) The Troup County board of elections shall be empowered with all the powers and duties relating to the conduct of elections as election superintendents pursuant to the provisions of Title 21 of the O.C.G.A.
(b) The Troup County board of elections is empowered with all the powers and duties relating to the registration of voters and absentee balloting procedures as boards of regis trars pursuant to the provisions of Title 21 of the O.C.G.A. In addition to all other powers of boards of registrars, the Troup County board of elections may appoint a chief deputy regis trar and delegate to such chief deputy registrar powers and duties relating to the registra tion of voters and absentee balloting procedures.
(c) This Act is intended to implement the provisions of subsection (b) of Code Section 21-2-40 of the O.C.G.A. and shall be construed liberally so as to effectuate that purpose.
Section 6. Compensation for members of the board of elections and its employees and clerical assistants shall be fixed by the county governing authority and shall be paid from county funds. The governing authority of Troup County shall provide the board with such proper and suitable offices and with such clerical assistants and other employees as the governing authority shall deem appropriate.
Section 7. The chairman of the board of elections shall be the chief executive officer and shall generally supervise, direct, and control the administration of the affairs of the board of elections pursuant to law and duly adopted resolutions of the board of elections. The board of elections shall fix and establish, by appropriate resolution entered on its minutes, direc tives governing the execution of matters within its jurisdiction.
Section 8. The Troup County board of elections shall have the authority to contract with any municipal corporation located within the county for the holding by the board of any primary or election to be conducted within the municipal corporation.
Section 9. The provisions of this Act which are necessary for the appointment of the members of the Troup County Board of Elections and Registration who will take office Jan uary 1, 1988, shall be effective upon the approval of the Governor or upon the date which this Act becomes law without his approval and this Act shall become effective for all pur poses on January 1, 1988.

1858

JOURNAL OF THE SENATE

Section 10. 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.
HB 1099:
Senators Peevy of the 48th and Phillips of the 9th offered the following substitute to HB 1099:
A BILL
To be entitled an Act to amend an Act authorizing Gwinnett County and the governing authority thereof to appoint a Merit System Board, approved April 18, 1969 (Ga. L. 1969, p. 3051), as amended, so as to change certain provisions relating to personnel who are members of the unclassified service; to provide that certain upper managerial or upper supervisory positions shall be in the unclassified service; to provide for exceptions and limitations; to provide for application; to provide for certain benefits; 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 authorizing Gwinnett County and the governing authority thereof to appoint a Merit System Board, approved April 18, 1969 (Ga. L. 1969, p. 3051), as amended, is amended by adding at the end of Section 9 a new paragraph, to be designated paragraph (15), to read as follows:
"(15) (A) Personnel employed by the tax commissioner, sheriff, clerk of the superior court, or judge of the probate court, who are employed or to be employed in an upper mana gerial or upper supervisory capacity and who consent in writing to accept such upper mana gerial or upper supervisory positions knowing that such employment is an 'unclassified ser vice' as defined under this Act. However, the number of unclassified service personnel in an upper managerial or upper supervisory capacity under this subsection shall not exceed 10 percent of the total number of full-time employees in such particular office in which such employee is employed or to be employed.
(B) Nothing in this subsection shall be interpreted to change the employment status of any employee who, on the effective date of this Act, is employed by the tax commissioner, sheriff, judge of the probate court, or clerk of the superior court.
(C) Nothing in this subsection shall be interpreted to require or limit all upper manage rial and upper supervisory positions to be only unclassified positions.
(D) Except for employment and discharge, such employees shall have all benefits af forded to employees in the classified service."
Section 2. This Act shall become effective 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 amendments to the following bills were put upon their adoption:
*HB 1113
The Senate Committee on Urban and County Affairs offered the following amendment:
Amend HB 1113 by striking from line 17 of page 9 the following:
"Sections 1 through 12",

TUESDAY, MARCH 10, 1987

1859

and inserting in lieu thereof the following: "Section 1".

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

HB 1124:

Senator Hine of the 52nd offered the following amendment:

Amend HB 1124 by striking the "." at the end of line 6 on page 2 and adding the following:
", but nothing herein shall authorize the Board of Commissioners of Floyd County to reduce the salary of the Tax Commissioner at the time this Act shall become effective."

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

HB 1125:

Senator Hine of the 52nd offered the following amendment:

Amend HB 1125. by striking the "." on line 2, page 2, after "discretion" and adding the following:
", but nothing herein shall authorize the Board of Commissioners of Floyd County to reduce the salary of the Clerk of the Superior Court or the Judge of the Probate Court at the time this Act shall become effective."

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 Brannon Broun of 46th Burton, CDreuamn bley
Echols Edge English
Engram Fincher

Foster Garner Gillis Harris Harrison Hine Howard " ud &.lns HKuengngmedsy
Kidd Land McGill
McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan j^ gcott of 2nd Scott of 36th S_,,humak. e
Starr Stumbaugh Tolleson
Turner Tysinger

1860

JOURNAL OF THE SENATE

Those not voting were Senators:

Bowen Brown of 47th (excused) Bryant Coleman

Coverdell Dawkins Deal Langford

Tate Timmons Walker

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

All the bills on the Senate Local Consent Calendar, except HB 539, HB 1099, HB 1113, HB 1124 and HB 1125, having received the requisite constitutional majority, were passed.

HB 539 and HB 1099, having received the requisite constitutional majority, were passed by substitute.

HB 1113, HB 1124 and HB 1125, having received the requisite constitutional majority, were passed as amended.

SENATE RULES CALENDAR
Tuesday, March 10, 1987
THIRTY-NINTH LEGISLATIVE DAY
HB 557 Workers' Compensation--trade association covered under group self-insurance fund (SUBSTITUTE) (I&L--28th) (Pursuant to SENATE Rule 143, final passage of the bill was suspended.)
HB 294 State Patrol--make unmarked vehicles available to Public Safety for training (SUBSTITUTE) (PUB SAP--27th)
(Pursuant to SENATE Rule 143, final passage of the bill was suspended.)
HB 625 Child Support--Department of Human Resources request information from em ployers on persons owing (AMENDMENT) (C&Y--35th)
(Pursuant to SENATE Rule 143, final passage of the bill was suspended.)
SR 170 Senate Juvenile Justice System Study Committee--create (AMENDMENTS) (RULES--48th)
(Pursuant to SENATE Rule 143, final passage of the bill was suspended.)
SR 200 Senate Transportation Study Committee--create (AMENDMENT) (RULES--1st)
HR 219 Joint Educational Assessment Study Committee--create (AMENDMENT) (RULES--30th)
SR 204 Senate Merit System Study Committee--create (AMENDMENT) (RULES--25th)
SR 208 Housing Study Committee of the Senate--create (AMENDMENT) (RULES--8th)
HB 585 Appointed Civil Court Judge Pro Tempore--also serve as magistrate pro tempore (JUDY--26th)
HR 176 Brunswick Judicial Circuit Study Committee--create (SUBSTITUTE) (JUDY--6th)
HB 56 Buying Services Act--contracts advise purchaser of cancellation by certain mail (I&L--45th)
HB 201 Fair Business Practices Act--definitions, promotional giveaways (AMEND MENT) (I&L--45th)
HB 387 Legislative Services Committee--change provisions relating to audits (AMEND MENT) (GOV OP--25th)
HB 610 Ad Valorem Taxation--penalty, untimely return of public utility (B&F--8th)

TUESDAY, MARCH 10, 1987

1861

HB 611 Proposed Taxpayer Assessments--notification by revenue commissioner (B&F--8th)
HR 166 AIDS, AIDS Related Complex (ARC), Human Immunodeficiency Virus (HIV)--DHR report, impact on State (HUM R--52nd)
HB 155 Jurors--method of selecting in certain counties (JUDY--llth)
HB 897 Employees' Health Insurance--Agrirama Development Authority employees members (GOV OP--25th)
HB 247 Public School Employees Health Insurance--coverage for retired former employ ees (ED--22nd)
HB 843 Property Cases--units of government act as parties in courts (JUDY--33rd)
HB 839 Health Care Provider--include rehabilitation suppliers (HUM R--52nd)
HB 222 Trademark Application--change filing fee (S JUDY--48th)
HB 949 Burial Places--relating to permits for disturbing for land development (U&CA G--51st)
HB 720 Business Development Corporations--maximum loans members may make to (B&F--15th)
HB 917 Stone Mountain Judicial Circuit Superior Court Judges--compensation (SUB STITUTE) (JUDY--42nd)
HB 433 Social Work--change certain experience requirements (HUM R--23rd)
HB 540 Consumers' Utility Counsel--date on which laws shall be repealed (PUB U--33rd)
HB 538 County Property Sale--allow private sale of tracts at fair market value (JUDY--31st)
HR 92 Government Departments, Personnel Boards--urge promoting and hiring of se verely handicapped (SUBSTITUTE) (HUM R--52nd)
HB 232 County Probation System--may become part of state-wide system (AMEND MENT) (CORK--23rd)
HB 882 Public Assistance Benefits--provisions on disregarded income in calculating (C&Y--15th)
HB 707 Nonresident Indigent Hospital Care--provisions for not complying (SUBSTI TUTE) (HUM R--52nd)
HB 29 Statute of Limitations, Negligence Actions--same as product liability (SUBSTI TUTE) (JUDY--49th)
HB 1035 World Congress Center Authority--corporate powers on city, county trade show facilities (AMENDMENT) (GOV OP--25th)
HB 1036 Community Affairs Department--grants to city, county for certain projects (AMENDMENT) (GOV OP--25th)
HB 729 Year's Support Award--approved by probate court judge (JUDY--29th)
HB 431 Alcoholic Beverages--retailers post signs of danger during pregnancy (SUBSTI TUTE) (C AFF--2nd)
HB 541 Anatomical Gifts--bank, storage facilities must be licensed under laws (AMENDMENT) (HUM R--42nd)
HB 913 Domestic Relations--child abuse protocol among county agencies, offices (C&Y--5th)
HB 189 Sexual Offense Against Minor--minimum sentencing (C&Y--56th)
HB 327 Agricultural Property--penalty for breach of covenant to maintain (B&F--20th)
HB 836 Insurance Policy--procedure for cancellation at request of insured (INS--49th)

1862

JOURNAL OF THE SENATE

HB 905 Proprietary Schools--certificates of authorization in lieu of certificates of ap proval (ED--50th)
HB 800 Special Alternative Incarceration--probated sentence not less than one (1) year (JUDY--49th)
HB 55 Aliens Lawfully Admitted--administrators under certain conditions (S JUDY--43rd)
Respectfully submitted,
/s/ Dean of the 31st, Chairman Senate Rules Committee

The following general bill of the House, having been read the third time and final ac tion suspended on March 9, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage:

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.
Senate Sponsor: Senator Harris of the 27th.

The substitute to HB 294 offered by Senator Harris of the 27th and adopted on March 9, as it appears in the Journal of March 9, 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.
The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun of 46th BC,-ou,vr_teornd,e,l,l Crumbley Dawkins
Deal
Dean
Echols
Edge
English

Engram Foster Garner Gillis Harris Harrison Hine Howard HIHTuugdggii nnss Kennedy Kidd
Land
Langford
McGill
McKenzie
Newbill

Olmstead Peevy Perry Phillips Ragan Rav Scott of 2nd gcott of 36th ,,an, umak, e
btarr Stumbaugh Tate Tolleson Turner Tysinger Walker

TUESDAY, MARCH 10, 1987

1863

Those not voting were Senators:

Brown of 47th (excused) Coleman

Bryant

Fincher

Timmons

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

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

The following general bill of the House, having been read the third time and final ac tion suspended on March 9, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage:

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.
Senate Sponsors: Senators Langford of the 35th and Barnes of the 33rd.

The amendment offered by Senator Barnes of the 33rd to HB 625 and adopted on March 9, as it appears in the Journal of March 9, was automatically reconsidered and put upon its adoption.

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 Barker Barnes Brannon B,,BCC.-,roouo,vlreut,eomnrndaeonlfl 46th
Crumbley Dawkins
Deal Dean
Echols Edge

Engram Fincher Foster Harris Harrison Hine ,,HHTHKTouuenwgd,nggaiem.rnddssy
Kidd Land
Langford McGill
McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan j^ oa0Sccootttttt 0o1fr,. 23o,,,,n6,dtj,h
Shumake Starr Stumbaugh
Tate Tolleson Tysinger Walker

Those not voting were Senators:

Bowen Brown of 47th (excused) Bryant

English Garner Gillis

Timmons Turner

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

1864

JOURNAL OF THE SENATE

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

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

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 court.

The House amendment was as follows:

Amend SB 277 by deleting on page 1, lines 11 through 14 in its entirety and inserting the following:
"Section 20. There shall be six terms of the State Court of Hall County each year, being the first Monday in May and November and the second Monday in January, March, July and September."

Senator Deal of the 49th moved that the Senate agree to the House amendment to SB 277.

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 Brannon Broun of 46th Burton Coleman Coverdell Crumbley Deal Dean Echols Edge

Engram Fincher Foster Garner Harris Hine Howard Hudgins Kennedy Kidd Land Langford McGill Newbill

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

Those not voting were Senators:

Bowen Brown of 47th (excused) Bryant Dawkins

English Gillis Harrison Huggins

McKenzie Ragan Ray Timmons

On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 277.

The following general resolution of the Senate, having been read the third time and final action suspended on March 9, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage:

TUESDAY, MARCH 10, 1987

1865

SR 170. By Senators Peevy of the 48th, Deal of the 49th, Walker of the 43rd and others: A resolution creating the Senate Juvenile Justice System Study Committee.

The amendment offered by Senator Hudgins of the 15th to SR 170 and adopted on March 9, as it appears in the Journal of March 9, was automatically reconsidered and put upon its adoption.

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 adoption of the resolution as amended, 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 Brannon

Fincher Foster Gillis Harris Hine Hward

Coleman CCoruvmerbdleelyl Deal Dean Echols Edge Engram

Huggms KKiedndnedy Land Langford McGill Newbill Olmstead

Peevy Perry Phillips Ragan Scott of 2nd Scott of 36th
SQhumake *Sttaurmr b, augh, Tate Tolleson Turner Tysinger Walker

Those not voting were Senators:

Bowen Broun of 46th Brown of 47th (excused) Bryant

Dawkins English Garner Harrison

McKenzie Ray Timmons

On the adoption of the resolution, the yeas were 44, nays 0.
The resolution, having received the requisite constitutional majority, was adopted as amended.

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

SR 200. By Senators Coleman of the 1st, Huggins of the 53rd and Bryant of the 3rd: A resolution creating the Senate Transportation Study Committee.

The Senate Committee on Rules offered the following amendment:

Amend SR 200 by striking lines 5 and 6 of page 2 and inserting in lieu thereof the following:
"December 15, 1987, and on that date the committee shall stand".

1866

JOURNAL OF THE SENATE

On the adoption of the amendment, the yeas were 30, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

English Fincher Foster Gillis Harris Hine Howard Hudgins Huggins Kennedy Kidd Land Langford McGill Newbill

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

Voting in the negative was Senator Engram.

Those not voting were Senators:

Bowen Brown of 47th (excused) Bryant

Dawkins Garner Harrison

McKenzie Ray Timmons

On the adoption of the resolution, the yeas were 45, nays 1.
The resolution, having received the requisite constitutional majority, was adopted as amended.

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

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 House substitute to SB 27 was as follows:

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 provide that no person shall be authorized to circulate, sponsor, or sign an application for a recall petition unless such person is an elector or sponsor as defined in Code Section 21-4-3; to change certain provisions relating to the required contents of such

TUESDAY, MARCH 10, 1987

1867

applications; to provide that applications for recall petitions shall be numbered and shall state the reasons advanced by the sponsors for support of the recall; to require election superintendents to maintain records of applications for recall petitions; to provide time lim itations on when applications for recall petitions may be accepted for verification; to provide additional authority to the election superintendent to facilitate the verification of applica tions for recall petitions and recall petitions; to change the provisions relating to the form and required contents of the recall petition; to provide that no recall petition shall be circu lated or signed by any person in any location where alcoholic beverages are sold or served; to clarify certain provisions relating to the nullification of signatures on applications for recall petitions and recall petitions; to change the provisions relating to the determination by the election superintendent of the legal sufficiency of a recall petition; 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 provide for the filing of subsequent applications for recall petitions against an officer following the filing of an insufficient recall petition against such officer; to change certain provisions relating to campaign and financial disclo sure requirements; to provide for a time as of which the eligibility will be determined as to certain signatures; 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 4 of Title 21 of the Official Code of Georgia Annotated, known as the "Public Officers Recall Act," is amended by striking Code Section 21-4-3, relating to defini tions under the "Public Officers Recall Act," and inserting in its place 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 any elected state officers, the Secretary of State;
(B) In the case of any 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 any 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 circulate or file an applica tion for a recall petition who were registered and eligible to vote in the last general or spe cial 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 subsections (a), (b), and (f) of Code Section 21-4-5, relating to applications for recall petitions, and inserting in their place new subsections (a), (b), and (f), respectively, to read as follows:
"(a) No application for a recall petition may be filed during the first 180 days or during

1868

JOURNAL OF THE SENATE

the last 180 days of the term of office of any public official subject to recall. No person shall be authorized to circulate, sponsor, or sign such application unless such person is an elector or sponsor as defined in Code Section 21-4-3."
"(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;
(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;
(D) The specific reason or reasons advanced by the sponsors for support of the recall. Such reason or reasons shall be limited to not more than six lines on the application and shall be typed, printed, or reproduced by the election superintendent on the face of each application issued; and
(E) An affidavit that each person circulating, sponsoring, or signing such recall applica tion is an elector of the electoral district of the officer sought to be recalled.
(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."
"(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."
Section 3. Said chapter is further amended by adding a new subsection at the end of Code Section 21-4-6, relating to the form of recall petitions, to be designated subsection (c), to read as follows:
"(c) Each recall petition shall contain a statement specifically designating the name and office of the official sought to be recalled and a statement of not more than six lines on such petition of the reasons for such recall. Such statements shall be the same statements as provided for on the application for such recall petition. Such statements shall be written or printed on each petition and each signer must read, or be read, such statements."
Section 4. Said chapter is further amended by striking subsection (a) of Code Section

TUESDAY, MARCH 10, 1987

1869

21-4-7, relating to circulating and signing recall petitions, and inserting in its place a new subsection (a) to read as follows:
"(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 circulated in more than one county, each sheet of the petition shall bear the name of the county in which it is circulated, and only electors of the designated county may sign such sheet. No recall petition shall be circulated or signed by any person in any location where alcoholic beverages are sold or served."
Section 5. Said chapter is further amended by striking Code Section 21-4-10, relating to the legal sufficiency of a recall petition, and inserting in its place a new Code Section 21-410 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 it has been submitted to him; provided, however, that in cases where more than one recall petition is subject to review for verifica tion, the election superintendent shall be responsible for determining the legal sufficiency of any recall petition within 45 days after it has been submitted to him. The election superin tendent or his designee is granted unrestricted authority to examine 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 recall petition for the purpose of determin ing if the signers are qualified electors eligible to sign the recall petition. If the election superintendent shall not be reasonably able to ascertain that any signature is that of a qual ified elector eligible to sign the recall petition, such signature shall not be counted in deter mining whether the petition contains a sufficient number of signatures as required by law. The nullification of a signature on any sheet of the recall petition shall not affect the valid ity of other signatures contained on such sheet.
(b) A recall petition shall not be accepted for verification for a state-wide office if more than 120 days have elapsed since the date the official recall petition forms were issued to the sponsors, nor shall the recall petition be accepted for any other office if more than 90 days have elapsed since the date the official recall petition forms were issued to the sponsors.
(c) No recall petition shall be amended, supplemented, or returned after it has been accepted by the election superintendent for verification.
(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.
(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 6. Said chapter is further amended by striking Code Section 21-4-13, relating to the filing of subsequent recall petitions against officers following recall elections, and in serting in its place 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 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."

1870

JOURNAL OF THE SENATE

Section 7. Said chapter is further amended by striking Code Section 21-4-15, relating to campaign and financial disclosure requirements with respect to recall petitions, and in serting in its place a new Code Section 21-4-15 to read as follows:
"21-4-15. Any person sponsoring or opposing a recall petition under this chapter shall be subject to Chapter 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 con tained in such chapter."
Section 8. 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 9. This Act shall become effective on January 1, 1988.
Section 10. All laws and parts of laws in conflict with this Act are repealed.

Senator Kidd of the 25th moved that the Senate disagree to the House substitute to SB 27.

On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SB 27.

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

HR 219. By Representatives Moore of the 139th, Mangum of the 57th, Dover of the llth and others: A resolution creating the Joint Educational Assessment Study Committee.
Senate Sponsors: Senators Garner of the 30th and Foster of the 50th.

The Senate Committee on Rules offered the following amendment:

Amend HR 219 by striking from line 24 of page 2 the following: "December 31,", and inserting in lieu thereof the following: "December 15,".

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Broun of 46th

Burton Coleman Coverdell Crumbley Dawkins Dean

Echols Edge English Engram Fincher Foster

TUESDAY, MARCH 10, 1987

1871

Garner Gillis Harris Harrison HtHiionweard, Huggins
Kennedy
Kidd Land

Langford McGill Newbill Olmstead PrP,eeerrvyy Phillips
Ragan
Scott of 2nd Scott of 36th

Shumake Starr Stumbaugh Tate ,,l,i.mmons
Tolleson
Turner
Tysinger Walker

Those not voting were Senators:

Bowen Brannon Brown of 47th (excused)

Bryant Deal Hudgins

McKenzie Ray

On the adoption of the resolution, the yeas were 47, nays 0.
The resolution, having received the requisite constitutional majority, was adopted as amended.

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

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.

Senator Howard of the 42nd moved that the Senate disagree to the House substitute to SB 286.
On the motion, the yeas were 38, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SB 286.

Senator Howard of the 42nd moved that the Senate reconsider its action in adopting his motion to disagree to the House substitute to SB 286.

On the motion, the yeas were 37, nays 0; the motion prevailed, and the motion offered by Senator Howard of the 42nd that the Senate disagree to the House substitute to SB 286 was reconsidered.

Senator Howard of the 42nd moved that the Senate adhere to the Senate amendment to the House substitute to SB 286, and that a Conference Committee be appointed.

On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate adhered to the Senate amendment to the House substitute to SB 286.

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

Senators Hine of the 52nd, Howard of the 42nd and Crumbley of the 17th.

1872

JOURNAL OF THE SENATE

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

SR 204. By Senator Kidd of the 25th: A resolution creating the Senate Merit System Study Committee.

The Senate Committee on Rules offered the following amendment:

Amend SR 204 by striking from line 11 of page 2 the figure "1" and inserting in lieu thereof the figure "15".

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 adoption of the resolution as amended, was agreed to.

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

Those voting in the affirmative were Senators:

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

Edge English Engram Fincher Foster Harris Harrison Hine Howard Hudgins Huggins Kennedy Kidd Land Langford

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

Those not voting were Senators:

Bowen Brown of 47th (excused) Deal Garner

Gillis McKenzie Phillips

Ray Shumake Turner

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

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

SR 208. By Senators Turner of the 8th and Harris of the 27th: A resolution creating the Housing Study Committee of the Senate.

The Senate Committee on Rules offered the following amendment:

Amend SR 208 by striking from line 30 of page 2 the figure "31" and inserting in lieu thereof the figure "15".

TUESDAY, MARCH 10, 1987

1873

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

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes
BDBBBrurraoyrnutaonnnnot. onr 4A6a th, Coleman Coverdell Crumbley Dawkins Deal Dean Echols

Edge English Engram Fincher Foster
GHT.",Iaaarrmnriessor n Hlne Huggins Kennedy Land Langford McGill Newbill

Olmstead Peevy Perry Phillips Ragan
fS,S0,tccaoort,tr.tt ooff-. 32,,6,,n.dt,h Stumbaugh Tate Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Bowen Brown of 47th (excused) Gillis

Howard Hudgins Kidd

McKenzie Ray Shumake

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

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

HB 585. By Representative Randall of the 101st:
A bill to amend Code Section 15-10-27 of the Official Code of Georgia Annotated, relating to continuation of certain county civil court officials as magistrate court officials, so as to provide that a civil court judge who appoints an attorney or another trial judge to act as judge pro tempore of the civil court may provide that the attorney or judge so appointed shall also serve as magistrate pro tempore for the magistrate court.
Senate Sponsor: Senator Olmstead of the 26th.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin

Barker Barnes Brannon

Broun of 46th Bryant Burton

1874

JOURNAL OF THE SENATE

Coleman Coverdell Crumbley Dawkins Deal Dean Echols Edge English Engram Fincher Foster Garner

Harris Harrison Hine Hudgins Huggins Kennedy Kidd Land Langford McGill Newbill Olmstead Peevy

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

Those not voting were Senators:

Bowen Brown of 47th (excused) Gillis

Howard McKenzie Ray

Scott of 2nd Shumake

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

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

HR 176. By Representatives Byrd of the 153rd, Moody of the 153rd, Smith of the 152nd and others: A resolution creating the Brunswick Judicial Circuit Study Committee.
Senate Sponsor: Senator Echols of the 6th.

The Senate Committee on Judiciary offered the following substitute to HR 176:

A RESOLUTION
Creating the Brunswick Judicial Circuit Study Committee; and for other purposes.
WHEREAS, the population residing within the Brunswick Judicial Circuit has in creased greatly and the number of actions filed in the superior courts of the counties within the circuit has likewise increased greatly since the boundaries of the circuit were last de fined; and
WHEREAS, it has been suggested the interests of judicial economy and efficiency might be promoted by the division of the circuit into two separate circuits; and
WHEREAS, this suggestion should be seriously and carefully studied by members of this body and by those most knowledgeable about the operations of superior court in the circuit.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Brunswick Judicial Circuit Study Committee to be com posed of two members of the House of Representatives to be appointed by the Speaker of the House, two members of the Senate to be appointed by the Lieutenant Governor, the chief judge of superior court of the Brunswick Judicial Circuit or his designee; and the presi dent of the bar association of each county in the circuit or his designee. A cochairman of the committee shall be appointed by the Speaker of the House, and a cochairman of the com mittee shall be appointed by the Lieutenant Governor.
BE IT FURTHER RESOLVED that the committee shall undertake a study of any and all matters pertinent to the foregoing recitals. The committee may conduct such meetings at such places and at such times as it may deem necessary or advisable to enable it to exercise

TUESDAY, MARCH 10, 1987

1875

fully and effectively its powers, perform its duties, and accomplish the objectives and pur poses of this resolution. In the event the committee makes a report of its findings and rec ommendations, such report shall be made on or before December 1, 1987, on which date the committee shall stand abolished.

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

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

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

Those voting in the affirmative were Senators:

Allgood Baldwin Barnes Bowen Brannon Broun of 46th CBrB>ourylreta. monntan
Coverdell Crumbley Dawkins Deal Dean Echols

Edge Fincher Foster Harris Harrison Hine HuHHuougwdjggaimrndss
Kennedy Kidd Land Langford McGill Newbill

Olmstead Peevy Perry Phillips Ragan Ra^ aScSccoo^.tt.tt oofrff 30216n^1dtjh.
btarr Stumbaugh Timmons Tolleson Tysinger Walker

Those voting in the negative were Senators:

Albert Barker

English

Engram

Those not voting were Senators:

Brown of 47th (excused) Garner Gillis

McKenzie Shumake

Tate Turner

On the adoption of the resolution, the yeas were 44, nays 4.

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

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.
Senate Sponsor: Senator Kidd of the 25th.

1876

JOURNAL OF THE SENATE

The Senate Committee on Governmental Operations offered the following amendment:

Amend HB 387 by adding in the title on line 4 of page 1, immediately following the semicolon and preceding the words "to provide", the following:
"to provide that upon the request of a member of the General Assembly a copy of the minutes of a meeting of the committee shall be sent to such member;".
By renumbering Sections 2 and 3 at the bottom of page 1 as Sections 3 and 4, respec tively, and adding a new Section 2 to read as follows:
"Section 2. Said Code section is further amended by striking subsection (g) in its en tirety and inserting in lieu thereof a new subsection (g) to read as follows:
'(g) A copy of the minutes of the meetings of the committee and of the audits provided for in this Code section shall be made available for public inspection in the office of the Speaker of the House of Representatives, in the office of the President of the Senate, in the office of the Clerk of the House of Representatives, and in the office of the Secretary of the Senate. Upon the request of a member of the General Assembly, a copy of the minutes of a meeting of the committee shall be sent to such member.'"

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

Senator Kidd of the 25th offered the following amendment:

Amend HB 387 by striking renumbered Section 3 and inserting in its place a new Sec tion 3 to read as follows:
"Section 3. This Act shall become effective on December 31, 1987."

On the adoption of the amendment, the yeas were 34, nays 0, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Barker Barnes Bowen Brannon
Broun of 46th BBruyrtaonnt Coverdell
Crumbley Deal Dean Echols Edge English

Engram Fincher Foster Harris Harrison Hine
Hudgins THTuggm. s Kennedy
Kidd Land Langford McGill Newbill Olmstead

Peevy Perry Phillips Ragan Ray Scott of 2nd
Scott of 36th S,,,tarr Stumbaugh
Tate Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Baldwin Brown of 47th (excused) Coleman

Dawkins Garner Gillis

Howard McKenzie Shumake

TUESDAY, MARCH 10, 1987

1877

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

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

HB 610. By Representative Crosby of the 150th:
A bill to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation, so as to provide a monetary penalty against any public utility company which fails to file a timely tax return.

Senate Sponsor: Senator Turner of the 8th.

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

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

MEMORANDUM

TO:

The Honorable Joe Mack Wilson, Chairman

House Ways and Means Committee

FROM:

G. W. Hogan, State Auditor C. T. Stevens, Director, Office of Planning and Budget

DATE:

February 17, 1987

SUBJECT: Fiscal Note -- House Bill 610 Ad Valorem Tax -- Penalties for Late Return Filing

This Bill provides for a penalty of 10 % of the taxes owed by public utilities and airlines that do not file timely ad valorem tax returns. The Bill also removes the requirement that the Revenue Commissioner notify delinquent filers in writing. It should be noted that the current penalty on late or non-filing utility companies (forfeiture of their charters or per mits to do business) would continue to exist in addition to the 10% penalty proposed by this Bill.
The amount of additional state and local revenue generated by this penalty could not be determined. Information is not available on the number of delinquent companies and the taxes they owe. Also no significant effect on Department of Revenue administrative costs is expected.

/s/ G. W. Hogan State Auditor

/s/ C. T. Stevens, Director Office of Planning and Budget

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Barnes Bowen Brannon

Broun of 46th Bryant Burton Coverdell Crumbley

Dawkins Deal Dean Echols Edge

1878

JOURNAL OF THE SENATE

Engram Fincher Foster Garner HHaarrrriisson
Howard
Hudgins
Huggins
Kennedy

Kidd Land McGill Newbill OPelmrrystead
Phillips
Ragan
Ray
Scott of 2nd

Scott of 36th Starr Stumbaugh Tate mI'". ?"10"8
Tolleson
Turner
Tysinger
Walker

Those not voting were Senators:

Baldwin Barker Brown of 47th (excused) Coleman

English Gillis Hine Langford

McKenzie Peevy Shumake

On the passage of the bill, the yeas were 44, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 611. By Representative Crosby of the 150th:
A bill to amend Code Section 48-2-18 of the Official Code of Georgia Annotated, relating to the State Board of Equalization, so as to change the time allowed for the state revenue commissioner to notify taxpayers of their proposed assessments.
Senate Sponsor: Senator Turner of the 8th.

The following Fiscal Note, as required by law, was read by the Secretary:

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334

MEMORANDUM

TO:

The Honorable Joe Mack Wilson, Chairman

House Ways and Means Committee

FROM:

G. W. Hogan, State Auditor C. T. Stevens, Director, Office of Planning and Budget

DATE:

February 10, 1987

SUBJECT: Fiscal Note - House Bill 611 State Board of Equalization - Notification of Property Assessment

This Bill would allow the Revenue Commissioner, as chairman of the State Board of Equalization, up to 30 days to notify taxpayers of the proposed assessment of their property after the digest of proposed assessments has been approved by the Equalization Board. Under current law, the commissioner must notify taxpayers of proposed assessments within 10 days.
This Bill would not have any fiscal impact on state or local revenues. The Revenue Department has also indicated that it would not affect administrative costs.

Is/ G. W. Hogan State Auditor

/s/ C. T. Stevens, Director Office of Planning and Budget

TUESDAY, MARCH 10, 1987

1879

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the 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 Bryant Burton Coverdell Crumbley Dawkins Deal Dean Echols Edge

English Engram Fincher Garner Harris Harrison Hine Howard Hudgins Huggins Kennedy Kidd Land Langford McGill 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:

Baldwin Brown of 47th (excused) Coleman

Foster Gillis

McKenzie Shumake

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HR 166. By Representatives Martin of the 26th, Orrock of the 30th, Hamilton of the 124th and others:
A resolution directing the Department of Human Resources to prepare a report for the General Assembly on the impact of Acquired Immune Deficiency Syn drome (AIDS), AIDS Related Complex (ARC), and Human Immunodeficiency Virus (HIV) on the State of Georgia and the state's health care delivery system and to make recommendations.
Senate Sponsor: Senator Hine of the 52nd.

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 Burton Coverdell Crumbley Dean Echols Edge

English Engram Fincher Foster Harris Harrison Hine

1880

JOURNAL OF THE SENATE

Howard Hudgins Huggins KKiedndnedy
Land
Langford McGill McKenzie

Newbill Olmstead Peevy RPeargrayn
Ray
Scott of 2nd Scott of 36th Shumake

Starr Stumbaugh Tate TI,;lTMmTMm"r, 0S
Tolleson
Turner Tysinger Walker

Those not voting were Senators:

Brown of 47th (excused) Bryant Coleman

Dawkins Deal Garner

Gillis Phillips

On the adoption of the resolution, the yeas were 47, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

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.
Senate Sponsor: Senator Timmons of the llth.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon B,,Brroyuannt ot 4btn CBoulretomnan
Coverdell Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Gillis Harris Harrison ,,HMoinweard, HHuugdggiinnss
Kennedy Kidd Land Langford McGill McKenzie

Newbill Olmstead Peevy Perry Phillips Raean Soouch,,o,,utmt a/o%kitfedifbittvh.
Stumbaugh,
Tate Timmons Tolleson Turner Tysinger Walker

Voting in the negative was Senator Crumbley.

TUESDAY, MARCH 10, 1987

1881

Those not voting were Senators:
Brown of 47th (excused) Ray Garner

Scott of 2nd

On the passage of the bill, the yeas were 50, nays 1.

The bill, having received the requisite constitutional majority, was passed.

HB 897. By Representatives Bostick of the 138th and Carter of the 146th:
A bill to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, so as to au thorize the State Personnel Board to contract with the Georgia Agrirama Devel opment Authority for the inclusion in the health insurance plan of employees of the authority and their spouses and dependent children.
Sseennate Ssppoonsor: Sseennator Kidda otf tmhe 2zo5tnh.

TThheerreport of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the 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 Dawkins Deal Dean Echols English

Fincher Foster Gillis Harris Hine Howard Hudgins Huggins Kennedy Kidd Land Langford McGill McKenzie

Newbill Olmstead Perry Phillips Ragan Ray Scott of 36th Shumake Starr Stumbaugh Tate Timmons Turner Walker

Those voting in the negative were Senators:

Coverdell Edge

Engram Harrison

Tolleson

Those not voting were Senators:

Brannon Brown of 47th (excused) Coleman

Crumbley Garner Peevy

Scott of 2nd Tysinger

On the passage of the bill, the yeas were 42, nays 5.

The bill, having received the requisite constitutional majority, was passed.

HB 247. By Representatives Murphy of the 18th, Mangum of the 57th, Ray of the 98th, Cummings of the 17th, Long of the 142nd 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

1882

JOURNAL OF THE SENATE

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 their spouses and dependent children.
Senate Sponsor: Senator Allgood of the 22nd.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Brannon Bryant Burton Coverdell Crumbley Dawkins Deal Dean Echols Edge Engram

Fincher Foster Gillis Harris Hine Howard Hudgins Muggins Kennedy 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:

Bowen Broun of 46th Brown of 47th (excused)

Coleman English Garner

Harrison 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.

HB 843. By Representative Groover of the 99th:
A bill to amend Code Section 50-16-17 of the Official Code of Georgia Annotated, relating to the authorizing of units or instrumentalities of government to act as parties in courts in cases pertaining to property, so as to clarify that such cases pertain to real property.
Senate Sponsors: Senators Barnes of the 33rd 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

Barker Barnes Brannon

Broun of 46th Bryant Burton

TUESDAY, MARCH 10, 1987

1883

Coverdell Crumbley Dawkins Deal D^n ^hols EEndggelish
Engram Fincher Foster Gillis Harris

Harrison Mine Howard Hudgins Huggins K e " nedy LKaidndd
Langford McGill McKenzie Newbill Olmstead

Peevy Phillips Ragan j^ay Scott of 36th Shumake S_.tumb, augh,
Tate Timmons Tolleson Turner Tysinger

Those not voting were Senators:

Bowen Brown of 47th (excused) Coleman

Garner Perry Scott of 2nd

Starr Walker

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed.

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.
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 BBruorutonnof 46th Coleman
Coverdell Dawkins Deal Dean Echols

Edge English Engram Fincher Gillis Harris Harrison HHoinweard Hudgins
Kennedy Kidd Land Langford McGill

McKenzie Newbill Olmstead Peevy Perry Ragan p, 0Sco.t,t of,, ,,3,,6,t,h Shumake
btumbaugh Tolleson Turner Tysinger Walker

1884

JOURNAL OF THE SENATE

Those not voting were Senators:

Brown of 47th (excused) Bryant Crumbley Foster

Garner Muggins Phillips Scott of 2nd

Starr Tate Timmons

On the passage of the bill, the yeas were 44, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 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.
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
B^1* Coverdell Dawkins j)ea] Dean Echols Edge Engram

Fincher Foster Gillis Harris Harrison
Hine Hudgins Huggins Kennedy Kidd Land Langford McGill

McKenzie Newbill Olmstead Peevy Perry
Ray Scott of 36th Shumake Stumbaugh Tolleson Turner Tysinger Walker

Those not voting were Senators:

Bowen Brannon Broun of 46th Brown of 47th (excused) Coleman

Crumbley English Garner Howard Phillips

Ragan Scott of 2nd Starr Tate Timmons

On the passage of the bill, the yeas were 40, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 720. By Representative Pinkston of the 100th:
A bill to amend Article 6 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to business development corporations, so as to increase the maximum amount of certain loans that members may make to business develop ment corporations; to modify the manner in which calls for member loans made by a business development corporation shall be apportioned among its members.
Senate Sponsor: Senator Hudgins of the 15th.

TUESDAY, MARCH 10, 1987

1885

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the 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 Bryant Burton Coverdell Dawkins Deal Dean Echols Edge English

Engram Fincher Foster Gillis Harris Harrison Hine Howard Hudgins Huggins Kennedy Kidd Land Langford McGill

McKenzie Newbill Olmstead Perry Phillips Ragan Ray Scott of 36th Shumake Stumbaugh Tolleson Turner Tysinger Walker

Those not voting were Senators:

Bowen Brannon Brown of 47th (excused) Coleman

Crumbley Garner Peevy Scott of 2nd

Starr Tate Timmons

On the passage of the bill, the yeas were 44, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 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.
Senate Sponsor: Senator Albert of the 23rd.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Brannon Broun of 46th Burton Coverdell Dawkins

Deal Dean Echols Edge English Engram Fincher Foster Gillis Harris

Hine Hudgins Huggins Kennedy Kidd Land Langford McGill Newbill Peevy

1886

JOURNAL OF THE SENATE

Phillips Ragan Scott of 36th

Shumake Starr Tate

Tolleson Turner Walker

Those not voting were Senators:

Bowen Brown of 47th (excused)
Sman Crumbley Garner

Harrison Howard
McKenzie Olmstead Perry

Ray Scott of 2nd
Stumbaugh Timmons Tysinger

On the passage of the bill, the yeas were 39, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 540. By Representatives Smyre of the 92nd, Benefleld of the 72nd and Lawson of the 9th:
A bill to amend Code Section 46-10-9 of the Official Code of Georgia Annotated, relating to the date on which the laws relating to the consumers' utility counsel shall be repealed, so as to change the date on which the laws relating to the consumers' utility counsel shall be repealed.
Senate Sponsor: Senator Barnes of the 33rd.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes B_Borawnennon BBruorutonnof 46th
Coverdell Crumbley Dawkins Deal Dean

Echols Edge Engram Fincher Foster GG,-,.ia1l1rh.nser HHianreris
Hudgins Huggins Kennedy Kidd Land

Langford McGill McKenzie Newbill Peevy aocc, otttt o,tf d-jocttih, SShtuummbaakuegh
Tate Tolleson Turner Tysinger Walker

Those not voting were Senators:

Brown of 47th (excused) Bryant Coleman English Harrison

Howard Olmstead Perry Phillips Ragan

Ray Scott of 2nd
Starr Timmons

On the passage of the bill, the yeas were 41, nays 0.

TUESDAY, MARCH 10, 1987

1887

The bill, having received the requisite constitutional majority, was passed.
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

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 Burton Coverdell Crumbley Dawkins Deal Dean Echols

Edge English Engram Fincher Foster Gillis Harris Hine Hudgins Huggins Kennedy Kidd Land Langford McGill

McKenzie Newbill Olmstead Peevy Phillips Ragan Scott of 36th Shumake Starr Stumbaugh Tate Tolleson Turner Tysinger Walker

Those not voting were Senators:

Brown of 47th (excused) Bryant Coleman Garner

Harrison Howard Perry

Ray Scott of 2nd Timmons

On the passage of the bill, the yeas were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

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.
Senate Sponsor: Senator Hine of the 52nd.

1888

JOURNAL OF THE SENATE

The Senate Committee on Human Resources offered the following substitute to HR 92:

A RESOLUTION
Requesting the development of a formal policy promoting the employment of qualified, severely disabled persons; and for other purposes.
WHEREAS, the opportunity for disabled persons to participate in the economic life of their community is needlessly restricted in the workplace; and
WHEREAS, the 1980 United States decennial census reports that there are 360,534 individuals in the State of Georgia of the working ages of 16-64, comprising 10.4 percent of the working-age population, who report one or more disabilities; and
WHEREAS, there are 125,246 such individuals participating in the labor force contrib uting goods and services to the citizens of this state; and
WHEREAS, the State of Georgia realizes the valuable contributions made by disabled workers to the economic structure of the community and recognizes the dignity and worth that results when such individuals are able to return to the mainstream of economic selfsufficiency; and
WHEREAS, there is no established employment policy by the state reflecting the eco nomic and employment needs of thousands of severely disabled individuals who could be come contributors within the labor force.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the State of Georgia develop a formal policy to promote the employment of qualified, severely disabled persons and that a task force be established by the Governor to include personnel of the Division of Rehabilitation Services of the Department of Human Resources and of the State Merit System of Personnel Administration and representatives of other agencies as deemed appropriate by the Governor for the purpose of creating such a policy.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is au thorized and directed to transmit a copy of this resolution to Honorable Joe Frank Harris, Governor of the State of Georgia, to each agency head in the state government, and to each member of the State Personnel Board.

On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Brannon Broun of 46th Bryant Burton Coverdell Dawkins Deal

Dean Echols Edge Engram Fincher Foster Garner Gillis Harris Hine Howard Hudgins

Huggins Kennedy Kidd Land Langford McGill McKenzie Newbill Olmstead Peevy Perry Phillips

TUESDAY, MARCH 10, 1987

1889

Ragan Scott of 36th Shumake

Starr Stumbaugh Tate

Tolleson Turner Tysinger

Those not voting were Senators:

Bowen Brown of 47th (excused) Coleman Crumbley

English Harrison Ray

Scott of 2nd Timmons Walker

On the adoption of the resolution, the yeas were 45, nays 0.

The resolution, having received the requisite constitutional majority, was adopted by substitute.

HB 232. By Representatives Padgett of the 86th, Ransom of the 90th, Cheeks of the 89th, Brown of the 88th, Walker of the 85th and others:
A bill to amend Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, known as the "Statewide Probation Act", so as to provide that any county probation system, including any state court adult probation system, may become a part of the state-wide probation system.
Senate Sponsor: Senator Albert of the 23rd.

The Senate Committee on Corrections offered the following amendment:

Amend HB 232 by striking from lines 7 through 9 of page 1 the following:
"100,000 in any metropolitan statistical area having a population of not less than 200,000 nor more than 230,000",
and inserting in its place the following:
"175,000".
By adding in the title on line 1 of page 2, immediately following the word "date" and preceding the semicolon, the following:
"conditioned on funding".
By striking from lines 12 through 14 of page 2 the following:
"100,000 in any metropolitan statistical area having a population of not less than 200,000 nor more than 230,000",
and inserting in its place the following:
"175,000".
By striking the quotation marks at the end of line 18 of page 4 and by inserting be tween line 18 and line 19 of page 4 the following:
"(e) This Code section shall not affect any county which has already entered the state wide probation system.' "
By striking in its entirety Section 2 on lines 19 through 22 on page 4, which reads as follows:
"Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval; provided, however, that state funding under this Act shall not commence until fiscal year 1987-88.",

1890

JOURNAL OF THE SENATE

and inserting in lieu thereof the following:
"Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, provided that this Act shall only become effective as to each such county covered by this Act when the funds necessary to carry out the provi sions of this Act with respect to such county are appropriated by the General Assembly; provided, further, that state funding under this Act shall not commence until fiscal year 1987-88."

On the adoption of the amendment, the yeas were 0, nays 33, and the amendment was lost.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Broun of 46th Burton Coverdell Deal Echols Edge English Engram Fincher

Foster Gillis Harris Hine Howard Hudgins Huggins Kennedy Kidd Land Langford McGill McKenzie Newbill

Those not voting were Senators:

Olmstead Peevy Perry Phillips
Ragan Ray Scott of 36th Shumake Starr Stumbaugh Tate Tolleson Turner Tysinger

Bowen Brannon Brown of 47th (excused) Bryant Coleman

Crumbley Dawkins Dean Garner

Harrison Scott of 2nd Timmons Walker

On the passage of the bill, the yeas were 42, nays 0.

The bill, having received the requisite constitutional majority, was passed.

TUESDAY, MARCH 10, 1987

1891

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate:

SB 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.

The House has adopted by the requisite constitutional majority the following resolution of the Senate:

SR 223. By Senators Allgood of the 22nd and Kennedy of the 4th: A resolution relative to adjournment.

The following general bill of the House, having been unfavorably reported by the com mittee, and the adverse committee report disagreed to on March 9, was read the third time and put upon its passage:

HB 882. By Representatives Crosby of the 150th and Murphy of the 18th:
A bill to amend Code Section 49-4-6 of the Official Code of Georgia Annotated, relating to reserves, income, and resources to be disregarded in calculating public assistance benefits, so as to change provisions relating to disregarded income.
Senate Sponsor: Senator Hudgins of the 15th.

The following Fiscal Note, as required by law, was read by the Secretary:

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334

MEMORANDUM

TO:

The Honorable Joe Mack Wilson, Chairman

House Ways and Means Committee

FROM:

G. W. Hogan, State Auditor C. T. Stevens, Director, Office of Planning and Budget

DATE:

February 23, 1987

SUBJECT: Fiscal Note - House Bill 882 Public Assistance Benefits

This Bill would revise the procedures for computing the amount of income that is disre garded in computing persons' public assistance (AFDC) benefits. Under this Bill, amounts paid to families through the Old Age Survivors and Disability Insurance Program (OASDI), payments made by the Veterans Administration (VA), and any other benefits not assignable to the state pursuant to Title IV of the federal Social Security Act would not be considered child support for purposes of applying the $50 child support disregard. Under current law

1892

JOURNAL OF THE SENATE

(per a December, 1986 court case), the state is required to apply the $50 child support disregard to direct child support payments as well as to OASDI, VA, and other benefits.
Based on information provided by the Department of Human Resources, this Bill would result in the state not having to spend an additional $1.1 million per year as a result of the court case. This cost estimate is based on the amount of additional state funds that would otherwise be paid in the form of AFDC payments if the $50 child support disregard is ap plied to OASDI, VA, and other benefits.

M G. W. Hogan State Auditor

/s/ C. T. Stevens, Director Office of Planning and Budget

Senators Hudgins of the 15th and Barnes of the 33rd offered the following amendment:

Amend HB 882 by striking lines 13 and 14 on page 1 and inserting in lieu thereof the following:
"support; to provide effective date; to provide for repeal of such changes and reenactment of existing provisions; to repeal conflicting laws; and for other purposes."
By striking Section 2 beginning on line 19 of page 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows:
"Section 2. (a) This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
(b) Subsection (b) of Code Section 49-4-6, as amended by Section 1 of this Act, is re pealed effective on the date on which the federal acts referenced herein or any federal regu lations or interpretations of such act or regulations by the federal agency or a judicial deci sion binding on the State of Georgia are amended or changed to allow federal financial participation in AFDC payments which treat social security disability benefits or veterans' benefits in the same manner as other child support payments."

The President ruled that since HB 882 was introduced after the twentieth legislative day, it could not be considered under the provisions of Code Section 28-5-41 of the Official Code of Georgia Annotated, which provides that no bill having significant impact on antici pated revenues or expenditures can be introduced after the twentieth day of any session.

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

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.
Senate Sponsor: Senator Hine of the 52nd.

The Senate Committee on Human Resources offered the following substitute to HB 707:

A BILL
To be entitled an Act to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for the review of professional practices in a hospital or ambulatory surgical center for the purpose of reducing morbidity and mortality and for the

TUESDAY, MARCH 10, 1987

1893

improvement of the care of patients in the hospital or ambulatory surgical center; to provide that certain functions may be performed by a peer review committee or any other organiza tion formed pursuant to state or federal law and engaged by the hospital or ambulatory surgical center for the purpose of performing such functions; to require compliance with certain provisions as a condition for granting or renewing the permit of a hospital or ambu latory surgical center; to provide for regulations and supervision by the Department of Human Resources; to exempt proceedings and records from certain requirements; to grant immunity to professional health care providers, review organizations, and their members or employees; to provide that a hospital or ambulatory surgical center shall not be required to grant certain privileges; 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 appropriates funds in an amount determined as the state-wide cost of care for nonresident indigent patients; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by adding at the end of Article 1 of Chapter 7 thereof, relating to hospitals and related institutions, a new Code Section 31-7-14 to read as follows:
"31-7-14. (a) A hospital or ambulatory surgical center shall provide for the review of professional practices in the hospital or ambulatory surgical center for the purpose of reduc ing morbidity and mortality and for the improvement of the care of patients in the hospital or ambulatory surgical center. This review shall include, but shall not be limited to, the following:
(1) The quality of the care provided to patients as rendered in the hospital or ambula tory surgical center;
(2) The review of medical treatment and diagnostic and surgical procedures in order to foster safe and adequate treatment of patients in the hospital or ambulatory surgical center; and
(3) The evaluation of medical and health care services or the qualifications and profes sional competence of persons performing or seeking to perform such services.
(b) The functions required by subsection (a) of this Code section may be performed by a 'peer review committee,' defined as a committee of physicians appointed by a state or local or specialty medical society or appointed by the governing board or medical staff of a li censed hospital or ambulatory surgical center or any other organization formed pursuant to state or federal law and engaged by the hospital or ambulatory surgical center for the pur pose of performing such functions required by subsection (a) of this Code section.
(c) Compliance with the above provisions of subsection (a) of this Code section shall constitute a requirement for granting or renewing the permit of a hospital or ambulatory surgical center. The functions required by this Code section shall be carried out under the regulations and supervision of the department.
(d) Proceedings and records conducted or generated in an attempt to comply with the duties imposed by subsection (a) of this Code section shall not be subject to the provisions of either Chapter 14 or Article 4 of Chapter 18 of Title 50.
(e) Nothing in this or any other Code section shall be deemed to require any hospital or ambulatory surgical center to grant medical staff membership or privileges to any licensed practitioner of the healing arts."
Section 2. Said title is further amended by striking Code Section 31-7-132, relating to immunity from liability of persons providing information and of members and employees, in its entirety and substituting in lieu thereof a new Code Section 31-7-132 to read as follows:
"31-7-132. (a) No professional health care provider nor any individual who serves as a member or employee of a professional health care provider or review organization nor any

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JOURNAL OF THE SENATE

individual who furnishes counsel or services to a professional health care provider or review organization shall be held, by reason of the performance of peer review activities, to have violated any criminal law or to be civilly liable under any law unless he was motivated by malice toward any person affected by such activity.
(b) No person, whether as a witness or otherwise, who provides information regarding peer review to a professional health care provider or review organization shall be held, by reason of having provided such information, to have violated any criminal law or to be civilly liable under any law unless such information is false and the person providing it knew that such information was false."
Section 3. Said title is further amended by adding at the end of Article 2 of Chapter 8 thereof, relating to hospital care for nonresident indigents, a new Code section, to be desig nated Code Section 31-8-37, to read as follows:
"31-8-37. On and after July 1, 1987, hospitals shall not be required to comply with the provisions of this article unless the General Assembly appropriates funds in an amount de termined as the state-wide cost of care for nonresident indigent patients as provided for in Code Section 31-8-36."
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval except that Section 3 of this Act shall become effec tive on July 1, 1987.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 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
. ta u Broun of 46th Bryant Burton Coverdell
Crumbley Dawkins Deal Dean Edge English

Engram Fincher Foster Gillis Harris
Harrison Hme Howard Huggins Kennedy
Kidd Land Langford McGill McKenzie Newbill

Olmstead Peevy Perry Ragan
Scott of shumake
,, Stumbaugh Tate Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Brannon Brown of 47th (excused) Coleman

Echols Garner Hudgins

Phillips Scott of 2nd

On the passage of the bill, the yeas were 47, nays 0.

TUESDAY, MARCH 10, 1987

1895

The bill, having received the requisite constitutional majority, was passed by substitute.
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.
Senate Sponsor: Senator Deal of the 49th.
The Senate Committee on Judiciary offered the following substitute to HB 29:
A BILL
To be entitled an Act 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; to make certain excep tions; to provide for the applicability to the duty to warn; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. 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, is amended by adding at the end thereof a new subsection, to be designated subsection (c), to read as follows:
"(c) The limitation of paragraph (2) of subsection (b) of this Code section regarding bringing an action within ten years from the date of the first sale for use or consumption of personal property shall also apply to the commencement of an action claiming negligence of a manufacturer as the basis of liability, except an action seeking to recover from a manufac turer for injuries or damages arising out of the negligence of such manufacturer in manufac turing products which cause a disease or birth defect, or arising out of any other act of gross negligence or other conduct which manifests a willful, reckless, or wanton disregard for life or property. Nothing contained in this subsection shall relieve a manufacturer from the duty to warn of a danger arising from a specific use of a product once that particular danger becomes known to the manufacturer."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Senators Deal of the 49th and Barnes of the 33rd offered the following amendment:
Amend the substitute to HB 29 offered by the Senate Committee on Judiciary by strik ing from lines 25 and 26 of page 1 the following:
"any other act of gross negligence or other".
On the adoption of the amendment, the yeas were 35, nays 2, and the amendment was adopted.
Senator Allgood of the 22nd offered the following amendment:
Amend the substitute to HB 29 offered by the Senate Committee on Judiciary by strik ing on page 2, line 3, the words,
"a specific"
and by striking on page 2, line 4, the word,

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JOURNAL OF THE SENATE

"particular".

On the adoption of the amendment, the yeas were 32, nays 2, and the amendment was adopted.

On the adoption of the substitute, the yeas were 34, 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 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
BCouvrteorndell Dawkins j)eai Dean Echols English Fincher

Foster Garner Gillis Harris
Harrison Hine
H,,"ouwd, *am.rds Huggms Kennedy Kidd Langford McGill McKenzie

Newbill Olmstead Peevy Phillips

Ragan Ray

S0^tcaortrt

of

36th u

Stumbaugh

Tate

Tolleson

Turner

Tysinger

Walker

Those voting in the negative were Senators:

Crumbley Edge

Engram

Land

Those not voting were Senators:

Barker Brannon Brown of 47th (excused)

Coleman Perry Scott of 2nd

Shumake Timmons

On the passage of the bill, the yeas were 43, nays 4.

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair.

HB 729. By Representative Bray of the 91st:
A bill to amend Code Section 53-5-20 of the Official Code of Georgia Annotated, relating to conveyance or encumbrance by a surviving spouse of certain property set apart under year's support, so as to provide that such conveyance or encum brance shall be approved by the judge of the probate court of the county in which the year's support award was made.
Senate Sponsor: Senator Baldwin of the 29th.

TUESDAY, MARCH 10, 1987

1897

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the 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
CfBfouyvr?teorndell Crumbley Deai Dean Echols Edge English

Engram Fincher Foster Gillis Harris Harrison
HHuoinweard, Hudgms Huggins Kidd Land Langford McGill

Newbill Olmstead Peevy Phillips Ragan Ray
SS_ tcuomttb, oafug3h6, th Tate Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Bowen Brannon Brown of 47th (excused) Coleman

Dawkins Garner Kennedy (presiding) McKenzie

Perry Scott of 2nd Shumake Starr

On the passage of the bill, the yeas were 43, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 541. By Representative Athon of the 57th:
A bill to amend Article 6 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to anatomical gifts, so as to provide that a bank or storage facility must be licensed, accredited, or approved under the laws of this state; to provide that a hospital shall maintain a written cooperative agreement with at least one bank or storage facility for the purpose of procuring anatomical gifts.
Senate Sponsor: Senator Howard of the 42nd.

The Senate Committee on Human Resources offered the following amendment: Amend HB 541 by striking from line 18 of page 9 the following: "; and", and inserting in its place a semicolon. By striking the semicolon on line 20 of page 9 and inserting in its place the following: "; and".

By adding immediately thereafter the following: "(J) One representative of the Kidney Foundation;".

On the adoption of the amendment, the yeas were 37, 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 as amended, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Broun of 46th
Burton CCoovleemrdaenll
Crumbley Dawkins Deal Echols Edge

English Engram Fincher Foster Garner Gillis " arris Hme HHuogwgairnds
Kidd Land Langford
McGill Newbill

Olmstead Peevy Ragan Ray Scott of 2nd Scott of 36th Shumake ot ^Stumb, augh,
Tate Tolleson Turner
Tysinger Walker

Those not voting were Senators:

Bowen Brannon Brown of 47th (excused) Dean

Harrison Hudgins Kennedy (presiding) McKenzie

Perry Phillips 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.

HB 913. By Representatives Thompson of the 20th and Walker of the 115th:
A bill to amend Chapter 1 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions affecting domestic relations, so as to provide for a child abuse protocol among county agencies and offices.
Senate Sponsor: Senator Burton of the 5th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Broun of 46th Bryant Burton Coleman
Coverdell

Crumbley Dawkins Deal Dean Echols Edge Engram Fincher Garner
Gillis

Harris Harrison Hine Kidd Langford McGill Newbill Olmstead Phillips
Ragan

TUESDAY, MARCH 10, 1987

1899

Ray Scott of 36th Shumake Starr

Stumbaugh Tate Timmons Tolleson

Turner Tysinger Walker

Those not voting were Senators:

Bowen
Brannon Brown of 47th (excused) English
Foster

Howard
Hudgins Huggins Kennedy (presiding)
Land

McKenzie Peevy
Perry Scott of 2nd

On the passage of the bill, the yeas were 41, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 189. By Representatives Thompson of the 20th, Bailey of the 72nd, Thomas of the 69th, Chambless of the 133rd, Waldrep of the 80th and others:
A bill to amend Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to change the penalties for certain sexual offenses; to provide for minimum mandatory sentencing of persons convicted of certain sexual offenses against minors.
Sseennate Sponsor: Sseennator Newbill of the 56th.

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 Barnes Bryant Burton Coverdell Crumbley Dawkins Deal Dean Echols Edge English

Engram Foster Garner Gillis Harris Harrison Hine Huggins Kidd Langford McGill McKenzie Newbill

Olmstead Peevy Phillips Ragan Ray Scott of 36th Shumake Starr Stumbaugh Tate Tolleson Tysinger Walker

Those not voting were Senators:

Baldwin Barker Bowen Brannon Broun of 46th Brown of 47th (excused)

Coleman Fincher Howard Hudgins Kennedy (presiding)

Land Perry Scott of 2nd Timmons Turner

On the passage of the bill, the yeas were 39, nays 0.

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JOURNAL OF THE SENATE

The bill, having received the requisite constitutional majority, was passed.

HB 327. By Representatives Walker of the 115th, Padgett of the 86th, Groover of the 99th and others:
A bill to amend Code Section 48-5-7.1 of the Official Code of Georgia Annotated, relating to preferential ad valorem tax assessment of tangible real property de voted to agricultural purposes, so as to change the penalties imposed for the breach of a covenant to maintain preferentially assessed property in bona fide agricultural purposes.
Senate Sponsor: Senator Gillis of the 20th.

The following Fiscal Note, as required by law, was read by the Secretary:

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334

MEMORANDUM

TO:

The Honorable Joe Mack Wilson, Chairman

House Ways and Means Committee

FROM:

G. W. Hogan, State Auditor C. T. Stevens, Director, Office of Planning and Budget

DATE:

February 18, 1987

SUBJECT: Fiscal Note -- House Bill 327 Substitute Ad Valorem Tax -- Agriculture

This Bill would revise the method of computing the financial penalty imposed by local governments on persons who breach the 10-year covenant under which they obtained prefer ential ad valorem tax assessment on property used for agricultural purposes. The Bill would also revise the penalty imposed when the covenant is breached as a result of a foreclosure or due to the illness or disability of the owner or operator of the property. The basis for com puting the penalty would be changed from the total amount by which taxes had been re duced during the covenant period (as a result of preferential tax assessment) to the amount by which the preferential assessment reduced taxes during the year the covenant was breached. These provisions of the Bill would apply to breaches occurring on or after the Bill's effective date.

This Bill also specifies that applications for continuation of preferential assessment upon a change in property ownership must be filed on or before the last date for filing tax returns in the year following the year in which the ownership changed. This provision of the Bill would apply to changes of ownership occurring during calendar year 1986 and subse quent years.

The dollar amount of any financial penalty resulting from a breach of covenant would be reduced by this Bill. This would not have any direct impact on state revenues since these penalties are collected and retained by local governments. In 1986 there were approximately 12,640 parcels of property used for agricultural purposes that received preferential assess ment. A total of approximately $115.4 million of assessed value was eliminated from the counties' tax digests, resulting in a tax reduction of about $2.2 million. The overall fiscal impact of this Bill on local government revenues cannot be determined since the number of future cases in which tax covenants are breached cannot be predicted.

/s/ G. W. Hogan State Auditor

/s/ C. T. Stevens, Director Office of Planning and Budget

TUESDAY, MARCH 10, 1987

1901

Senators English of the 21st and Allgood of the 22nd offered the following amendment:

Amend HB 327 by inserting on page 4, line 19, following the word "debt" the following:
"or the property is conveyed to the lienholder without compensation and in lieu of foreclosure,".

Senator Deal of the 49th moved that he be excused from voting on HB 327 since he had an interest in the results.

On the motion, the yeas were 41, nays 0; the motion prevailed, and Senator Deal of the 49th was excused from voting on HB 327.

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 Barker Barnes Broun of 46th
BCourvlretaomnntan Coverdell Crumbley Dawkins Dean Echols Edge English

Engram Fincher Foster Gillis Harris Harrison
HI"ionweard, HudSins Huggms Kidd Land Langford McGill McKenzie

Newbill Olmstead Peevy Phillips Ragan Ray
S0|,hcoutmt aok,fe36th Starr Stumbaugh Tate Tolleson Turner Tysinger Walker

Those not voting were Senators:

Bowen Brannon Brown of 47th (excused)

Deal (excused) Garner Kennedy (presiding)

Perry 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 as amended.

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-

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JOURNAL OF THE SENATE

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.
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 Broun of 46th Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean

Echols Edge English Engram Foster Gillis Harris Howard Huggins Kidd Land Langford McGill McKenzie

Newbill Olmstead Peevy Phillips Ragan Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tolleson Turner Tysinger Walker

Those not voting were Senators:

Bowen Brannon Brown of 47th (excused) Fincher Garner

Harrison Hine
Hudgins Kennedy (presiding)

Perry Shumake
Tate Timmons

On the passage of the bill, the yeas were 42, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced that the Senate would stand in recess from 11:45 o'clock A.M. 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, President Pro Tempore, resumed the Chair.

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 905. By Representatives Mangum of the 57th and Athon of the 57th:
A bill to amend Article 4 of Chapter 4 of Title 20 of the Official Code of Georgia Annotated, known as the "Georgia Proprietary School Act", so as to provide for certificates of authorization for proprietary schools in lieu of certificates of approval.
Senate Sponsor: Senator Foster of the 50th.

TUESDAY, MARCH 10, 1987

1903

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Broun of 46th Bryant Burton Crumbley Dawkins Dean Echols Edge

Engram Foster Garner Harris Hine Howard Huggins Kidd Land Langford McGill

McKenzie Newbill Peevy Phillips Ragan Ray Stumbaugh Tate Tolleson Tysinger Walker

Those not voting were Senators:

Barker

Barnes

Bowen

Brannon Brown of

47th

(excused)

Coleman

Coverdell

Deal

English Fincher Gillis Har,rison Hudgins Kennedy (presiding) Olmstead

Perry Scott of 2nd Scott of 36th Shumake Starr Timmons Turner

On the passage of the bill, the yeas were 33, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Kidd of the 25th gave notice that, at the proper time, he would move that the Senate reconsider its action in passing HB 905.

Senator Kennedy of the 4th, President Pro Tempore, who was presiding, stated that, as provided for in Senate Rule 94, he would set the time to entertain the motion to reconsider for 2:30 o'clock P.M. today.

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.
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 Broun of 46th

Bryant Burton

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JOURNAL OF THE SENATE

Crumbley Dawkins Deal Dean Echols Edge Engram Fincher Foster Garner Harris

Hine Howard Hudgins Huggins Kidd Land Langford McGill Newbill Peevy Phillips

Ragan Ray Scott of 36th Shumake Starr Stumbaugh Tate Tolleson Turner Tysinger Walker

Those not voting were Senators:

Barker Barnes
^Borawnennon Brown of 47th (excused) Coleman

Coverdell English
Gillis Harrison Kennedy (presiding)

McKenzie Olmstead
Perry Scott of 2nd Timmons

On the passage of the bill, the yeas were 39, nays 0.

The bill, having received the requisite constitutional majority, was passed.

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.
Senate Sponsors: Senators Walker of the 43rd and 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 Broun of 46th
Bryflnt *C*ol?em*an CCoruvmerbdleelyl
Dawkins Deal Dean Echols Edge English

Engram Fincher Foster Garner Gillis
garr!s Hianrerlson HHouwdgairnds
Huggins Kidd Land Langford McGill Newbill

Olmstead Peevy Perry Ragan pjav
Scott of 2nd Schumake ^Stuarmr b, augh,
Tate Timmons Tolleson Turner Tysinger Walker

TUESDAY, MARCH 10, 1987

1905

Those not voting were Senators:

Barnes Bowen Brannon

Brown of 47th (excused) Kennedy (presiding) McKenzie

Phillips Scott of 36th

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 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".
Senate Sponsor: Senator Dawkins of the 45th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker
Bowen Broun of 46th
* Ty* nt *CCTMoolveiemorndaenll Crumbley Dawkins Deaj Dean Echols Edge English

Engram Fincher Foster Garner
Gillis Harrjs
Harrison Mu"oinweardj Hudgms Huggms Kidd Land Langford McGill McKenzie

Newbill Olmstead Peevy Perry
Phillips Ragan
Ray Scfujh8u"make . Stumbaugh Tate Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Barnes Brannon

Brown of 47th (excused) Scott of 2nd

Kennedy (presiding)

Scott of 36th

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE SENATE

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.
Senate Sponsor: Senator Dawkins of the 45th.

The Senate Committee on Industry and Labor offered the following amendment to HB 201:

Amend HB 201 by striking lines 8 through 12 of page 4 and inserting in their place the following:
"(II) In the event that substantiation as described in subdivision (I) of this division is not readily available to the promoter or sponsor, no more than three times the amount which the promoter or sponsor has actually paid for the prize."
By striking from lines 16 and 17 of page 6 the following:
"In any case, the odds shall not be listed in any manner which has the capacity to",
and inserting in its place the following:
"If the odds of winning a particular prize would not be accurately stated on the basis of the number of notices, then the odds may be stated in another manner, but must be clearly stated in a manner which will not".
By adding on lines 25 and 33 of page 10 between the words "person" and "reasonably", the following:
", exercising ordinary diligence,".

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 Bowen Broun of 46th Burton Coverdell Crumbley Dawkins Deal Dean Echols Edge English

Fincher Foster Garner Gillis Harris Harrison Hine Huggins Kidd Land Langford McGill Newbill Olmstead

Peevy Perry Phillips Ragan Ray Scott of 2nd Shumake Stumbaugh Tate Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Barker Barnes

Brannon Brown of 47th (excused)

Bryant Coleman

TUESDAY, MARCH 10, 1987

1907

Engram Howard Hudgins

Kennedy (presiding) McKenzie

Scott of 36th Starr

On the passage of the bill, the yeas were 42, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 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.
Senate Sponsors: Senators Brannon of the 51st and Coleman of the 1st.

Senator Brannon of the 51st offered the following amendment:

Amend HB 949 as follows:
By inserting on line 22 of page 1 after the word "located" and before the period the words "or from the superior court of jurisdiction"

On the adoption of the amendment, the yeas were 35, nays 0, and the amendment was adopted.

Senators Coleman of the 1st and Scott of the 2nd offered the following amendment:

Amend HB 949 by adding in the title on line 6 of page 1, following the word and symbol "development;" and before the word "to", the following:
"to amend Chapter 63 of Title 36 of the Official Code of Georgia Annotated, known as 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;".
By renumbering Section 2 on page 2 as Section 4 and inserting new Sections 2 and 3.

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 Broun of 46th Burton Coleman Coverdell Crumbley Dawkins Deal Dean

Echols Edge English Fincher Foster Garner Gillis Harris Harrison Hine Hudgins

Huggins Kidd Land Langford McGill McKenzie Newbill Olmstead Peevy Perry Phillips

1908

JOURNAL OF THE SENATE

Ragan Scott of 2nd Scott of 36th Starr

Stumbaugh Tate Timmons

Tolleson Tysinger Walker

Those not voting were Senators:

Barker Barnes Bowen Brannon

Brown of 47th (excused) Bryant Engram Howard

Kennedy (presiding) Ray Shumake Turner

On the passage of the bill, the yeas were 43, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate:

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.

The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:

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 following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 917. By Representatives Childs of the 53rd, Richardson of the 52nd, Steinberg of the 46th and others:
A bill to amend an Act providing a supplement to the compensation, expenses, and allowances of the judges of the superior court of the Stone Mountain Judicial Circuit, so as to change the amount of such supplement.
Senate Sponsor: Senator Howard of the 42nd.

Senators Tysinger of the 41st, Walker of the 43rd, Howard of the 42nd, Stumbaugh of the 55th and Burton of the 5th offered the following amendment:

Amend HB 917 by striking from lines 6 and 7 on page 1 the following: "to provide for requirements and conditions relative thereto;".

TUESDAY, MARCH 10, 1987

1909

By striking from line 19 on page 1 the letter "(a)" and by striking from line 26 on page 1 the figure "$9,000.00" and inserting in lieu thereof the figure "$15,000.00".
By striking the comma appearing at the end of line 26 on page 1 and inserting in lieu thereof a period and by striking all language in line 27 on page 1 and the words "subsection (b) of this section" in line 1 on page 2.
By striking all language and material in lines 3 through 13 on page 2.
By striking Section 2 and inserting in lieu thereof the following:
"Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval."

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:

Allgood Baldwin Broun of 46th
Bryant
BCuvrteornd,e1,,1 CDreua]mbleyJ Dean Echols Edge English Fincher Foster

Garner Gillis Harris
Harrison
HHouwdgairnds H,,uggm. s Kidd Land McGill McKenzie Newbill Olmstead

Phillips Ragan Ray
Scott of 2nd
SShcoutmt aokfe36th S0 t. arr Stumbaugh Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Albert Barker Barnes Bowen Brannon

Brown of 47th (excused) Coleman Dawkins Engram Hine

Kennedy (presiding) Langford Peevy Perry Tate

On the passage of the bill, the yeas were 40, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

Time having arrived for the entertainment of the reconsideration motion, Senator Kidd of the 25th moved that the Senate reconsider its action previously today in passing the following bill of the House:

HB 905. By Representatives Mangum of the 57th and Athon of the 57th:
A bill to amend Article 4 of Chapter 4 of Title 20 of the Official Code of Georgia Annotated, known as the "Georgia Proprietary School Act", so as to provide for

1910

JOURNAL OF THE SENATE

certificates of authorization for proprietary schools in lieu of certificates of approval.

On the motion, the yeas were 32, nays 7; the motion prevailed, and HB 905 was recon sidered and placed at the foot of the Senate Rules Calendar for today.

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 1035. By Representatives McDonald of the 12th, Murphy of the 18th and Walker of the 115th:
A bill to amend Article 1 of Chapter 9 of Title 10 of the Official Code of Georgia Annotated, relating to general provisions affecting the Geo. L. Smith II Georgia World Congress Center, so as to authorize the Geo. L. Smith II Georgia World Congress Center Authority by contract to exercise its corporate powers with re spect to convention and trade show facilities of counties, municipalities, and local authorities.
Senate Sponsor: Senator Kidd of the 25th.

The Senate Committee on Governmental Operations offered the following amendment:

Amend HB 1035 by adding in the title on line 24, page 1, between the word and symbol "subdivisions;" and the word "to" the following:
"to limit the provision of such services and the exercise of such powers to two years or less to any one recipient or combination of recipients within any 50 year period;".
By inserting on line 32 of page 3, between the word and symbol "project." and the word "Any", the following:
"The authority shall not provide such goods and services or exercise such powers for any one recipient or combination of recipients for more than two years within any 50 year period."

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 Broun of 46th Burton Coleman Coverdell Crumbley Dawkins Deal Dean

Echols Edge English Engram Fincher Foster Garner Gillis Harris Harrison Hine Hudgins Huggins Kidd

Land Langford McGill McKenzie Newbill Olmstead Peevy Perry Phillips Ragan Ray Scott of 2nd Scott of 36th Shumake

TUESDAY, MARCH 10, 1987

1911

Starr Stumbaugh Tate

Timmons Tolleson Turner

Tysinger Walker

Those not voting were Senators:

Brannon

Bryant

Brown of 47th (excused) Howard

Kennedy (presiding)

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 1036. By Representatives McDonald of the 12th, Murphy of the 18th and Walker of the 115th:
A bill to amend Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, so as to confirm and provide that the Department of Community Affairs shall have the authority to make grants to counties and municipalities, or combinations thereof, for projects and purposes to the extent and for purposes set forth in appropriations to the department.
Senate Sponsor: Senator Kidd of the 25th.

The Senate Committee on Governmental Operations offered the following amendment:

Amend HB 1036 by adding in the title on line 18, page 1, between the word and symbol "trade;" and the word "to" the following:
"to prohibit grants for carpet exposition centers;".
By inserting between lines 26 and 27 of page 2 a new subsection (c) to read as follows:
"(c) Notwithstanding subsection (a) and subsection (b) of this Code section, the depart ment shall not make any grant for a carpet exposition center or for promoting the manufac ture or sale of carpet, or any grant the intent or effect of which is to free funds, directly or indirectly, for any such purpose."

On the adoption of the amendment, the yeas were 37, nays 4, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bowen Broun of 46th 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

1912

JOURNAL OF THE SENATE

Peevy Perry Phillips Ragan
Ray

Scott of 2nd Scott of 36th Starr Tate
Timmons

Tolleson Turner
Tysinger Walker

Those voting in the negative were Senators:

Barnes Fincher

Shumake

Stumbaugh

Those not voting were Senators:

Brannon

Howard

Brown of 47th (excused)

Kennedy (presiding)

On the passage of the bill, the yeas were 47, nays 4.

The bill, having received the requisite constitutional majority, was passed as amended.

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.
Senate Sponsor: Senator Scott of the 2nd.

The Senate Committee on Consumer Affairs offered the following substitute to HB 431:

A BILL
To be entitled an Act 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 and by certain other entities; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 3-1-5 of the Official Code of Georgia Annotated, relating to posting of signs warning that consumption of alcohol during pregnancy is dangerous, is amended by striking said Code section in its entirety and inserting in its place a new Code Section 3-1-5 to read as follows:
"3-1-5. (a) All retail consumption dealers and retail dealers in this state who sell at retail any alcoholic beverages shall post, in a conspicuous place, a sign which clearly reads: 'Warning: Drinking alcoholic beverages during pregnancy can cause birth defects.'
(b) All hospitals, medical clinics, facilities which offer family planning services, offices of physicians who practice in gynecology and obstetrics, and offices of physicians who practice in pediatrics shall have posted, in a conspicuous place, a sign which clearly reads: 'Warning: Drinking alcoholic beverages during pregnancy can cause birth defects.'
(c) The department shall make such warning signs available to entities provided for in subsection (b) of this Code section and to such retailers of alcoholic beverages and shall promulgate rules and regulations with respect to the form and the posting of said signs. A fee may be charged by the department to cover printing, postage, and handling expenses.
(d) Any person who fails or refuses to post the sign as required in this Code section

TUESDAY, MARCH 10, 1987

1913

shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not to exceed $100.00 for each violation."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Senator Barnes of the 33rd offered the following amendment:
Amend the substitute to HB 431 offered by the Senate Committee on Consumer Affairs by striking on line 5 of page 1 the following:
"and by certain other entities". By striking lines 20 through 26 on page 1 in their entirety. By striking lines 1 through 3 on page 2 in their entirety and substituting in lieu thereof the following: "(b) The department shall make such warning signs available to such retailers of. By striking line 8 on page 2 in its entirety and substituting in lieu thereof the following: "(c) Any person who fails or refuses to post".
Senator Scott of the 2nd moved that HB 431 be committed to the Senate Committee on Consumer Affairs.
On the motion, the yeas were 36, nays 6; the motion prevailed, and HB 431 was com mitted to the Senate Committee on Consumer Affairs.
The following bill of the Senate was taken up for the purpose of considering the House amendments thereto:
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.
The House amendments were as follows:
Amendment No. 1: Amend SB 209 by striking from lines 18 and 19 the following: "or any mixture containing more than 10 percent of free base cocaine which is not in the salt form".
Amendment No. 2: Amend SB 209 by striking "mandatory minimum" on line 22, page 1, and inserting "up to"; and by striking "shall" on line 23, page 1, and inserting "may be subject to".
Senator Perry of the 7th moved that the Senate disagree to the House amendments to SB 209.
On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate disagreed to the House amendments to SB 209.
The following general bill of the House, having been read the third time and final ac-

1914

JOURNAL OF THE SENATE

tion suspended on March 9, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage:

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.
Senate Sponsor: Senator Edge of the 28th.

The substitute to HB 557 offered by Senator Barnes of the 33rd and adopted on March 9, as it appears in the Journal of March 9, was automatically reconsidered and put upon its adoption.

On the adoption of the substitute, the yeas were 40, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Broun of 46th Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols Edge

English Engram Foster Garner Gillis Harris Harrison Hine Howard Hudgins Huggins Kidd Land 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

Fincher

Brown of 47th (excused) Kennedy (presiding)

Langford Stumbaugh

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

TUESDAY, MARCH 10, 1987

1915

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has disagreed to the Senate substitutes to the following bills of the House:
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.
HB 170. By Representatives Cox of the 141st, Long of the 142nd, Reaves of the 147th, Patten of the 149th, Bostick of the 138th and others: A bill to amend Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to dimensions and weights of vehicles and loads, so as to change certain length limitations for vehicles; to change certain length limita tions for vehicles operating with special permits.
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.
The House insists on its position in substituting the following bill of the Senate:
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 House has disagreed to the Senate amendments to the following bill of the House:
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.
The House has disagreed to the Senate substitute to the following resolution of the House:
HR 176. By Representatives Byrd of the 153rd, Moody of the 153rd, Smith of the 152nd, Dixon of the 151st and Smith of the 156th: A resolution creating the Brunswick Judicial Circuit Study Committee.
The House insists on its position in disagreeing to the Senate substitute, and has ap-

1916

JOURNAL OF THE SENATE

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 10. By Representatives Lucas of the 102nd, Coleman of the 118th, Hanner of the 131st and Ramsey of the 3rd: A bill to amend Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to indemnification for law enforcement officers, firemen, and prison guards who are killed or permanently disabled in the line of duty, so as to provide the same indemnification with respect to publicly employed emergency medical technicians who are killed or permanently disabled in the line of duty after a certain date.
The Speaker has appointed on the part of the House, Representatives Jackson of the 9th, Colbert of the 23rd and Lucas of the 102nd.
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 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.
The Speaker has appointed on the part of the House, Representatives Wilder of the 21st, McKinney of the 35th and Simpson of the 70th.
The following general bill of the House, having been read the third time and passed previously today and reconsidered, was put upon its passage:
HB 905. By Representatives Mangum of the 57th and Athon of the 57th:
A bill to amend Article 4 of Chapter 4 of Title 20 of the Official Code of Georgia Annotated, known as the "Georgia Proprietary School Act", so as to provide for certificates of authorization for proprietary schools in lieu of certificates of approval.
Senate Sponsor: Senator Foster of the 50th.
Senators Scott of the 36th, Hudgins of the 15th and Kidd of the 25th offered the follow ing amendment:
Amend HB 905 by striking in its entirety the title on lines 1 through 7 on page 1, which reads as follows:
"To amend Article 4 of Chapter 4 of Title 20 of the Official Code of Georgia Annotated, known as the 'Georgia Proprietary School Act,' so as to provide for certificates of authoriza tion for proprietary schools in lieu of certificates of approval; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.",
and inserting in lieu thereof the following:
"To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to provide for certificates of authorization for proprietary schools in lieu of certificates of approval; to provide for other matters relative to the foregoing; to provide that the State Board of Education shall prescribe a course of study in sex education for all grades and

TUESDAY, MARCH 10, 1987

1917

grade levels other than kindergarten in the public school system and shall establish stan dards for its administration; to repeal conflicting laws; and for other purposes."
By striking from Section 1 lines 9 through 11 on page 1, which read as follows:
"Section 1. Article 4 of Chapter 4 of Title 20 of the Official Code of Georgia Annotated, known as the 'Georgia Proprietary School Act,' is amended by striking",
and inserting in lieu thereof the following:
"Section 1. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by striking".
By striking from Section 2 on line 20 of page 1 the word "article" and inserting in lieu thereof the word "title".
By striking from Section 3 on line 15 of page 2 the word "article" and inserting in lieu thereof the word "title".
By striking from Section 4 on line 22 of page 3 the word "article" and inserting in lieu thereof the word "title".
By striking from Section 5 on line 1 of page 4 the word "article" and inserting in lieu thereof the word "title".
By striking from Section 6 on line 16 of page 5 the word "article" and inserting in lieu thereof the word "title".
By striking from Section 7 on line 1 of page 6 the word "article" and inserting in lieu thereof the word "title".
By striking from Section 8 on line 29 of page 6 the word "article" and inserting in lieu thereof the word "title".
By striking from Section 9 on line 11 of page 8 the word "article" and inserting in lieu thereof the word "title".
By striking from Section 10 on line 18 of page 9 the word "article" and inserting in lieu thereof the word "title".
By striking from Section 11 on line 27 of page 9 the word "article" and inserting in lieu thereof the word "title".
By renumbering Section 12 on page 10 as Section 13 and inserting between lines 5 and 6 on page 10 a new Section 12 to read as follows:
"Section 12. Said title is further amended by adding at the end of Code Section 20-2142, relating to prescribed courses under the 'Quality Basic Education Act,' a new subsec tion, to be designated subsection (d), to read as follows:
'(d) 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.' "
Senator Foster of the 50th moved that the amendment offered by Senators Scott of the 36th, Hudgins of the 15th and Kidd of the 25th be printed.
On the motion, the yeas were 32, nays 2; the motion prevailed, and the amendment offered by Senators Scott of the 36th, Hudgins of the 15th and Kidd of the 25th was ordered printed, and action on HB 905 was postponed subject to the printing.

1918

JOURNAL OF THE SENATE

The following bill of the Senate was taken up for the purpose of considering the House action thereon:
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.
Senator Kidd of the 25th moved that the Senate adhere to its disagreement to the House substitute to SB 96, and that a Conference Committee be appointed.
On the motion, the yeas were 38, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House substitute to SB 96.
Senator Kennedy of the 4th, President Pro Tempore, who was presiding, appointed as a Conference Committee on the part of the Senate the following:
Senators Hudgins of the 15th, Kidd of the 25th and Barnes of the 33rd.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
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 House substitute to SB 113 was as follows:
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 or associations, nonprofit, charitable, or eleemosynary institutions or organizations, or local governmental entities immunity from civil liability under certain conditions; to provide for definitions; to provide for applicability; to provide such immunity to be supplemental; 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) A person serving with or without compensation as a member, director, or trustee, or as an officer of the board without compensation, of any nonprofit hospital or association or of any nonprofit, charitable, or eleemosynary institution or organization or of any local governmental agency, board, authority, or entity shall be immune from civil liabil ity 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 her official actions and duties and unless the damage or injury was caused by the willful or wanton misconduct of such person.

TUESDAY, MARCH 10, 1987

1919

(b) As used in this Code section, the term 'compensation' shall not include reimburse ment for reasonable expenses related to said services.
(c) This Code section shall not affect any other immunity of any person arising from any source, whether or not such person may additionally be subject to and possess an immu nity provided by this Code section. The immunity provided by this Code section shall be supplemental to any other such existing immunity."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Senator Deal of the 49th moved that the Senate agree to the House substitute to SB 113 as amended by the following amendment:
Amend the House substitute to SB 113 by striking from line 20 of page 2 and from line 25 of page 2 the following:
"other".

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 BrCC, oruuvrmteorbnd_ileel,y,l Dawkins Deal Dean
Echols Edge
English Engram

Fincher Foster Garner Gillis Harris Harrison H,HHToiunwdegairndjs Huggins Kidd Land
Langford McGill
McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan ^ SSa,,,hcou^tmt aok.efe3oc6*thu Stumbaugh Tate Timmons
Tolleson Turner
Tysinger Walker

Those not voting were Senators:

Bowen Brannon Brown of 47th (excused)

Bryant Coleman Kennedy (presiding)

Scott of 2nd Starr

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 113 as amended by the Senate.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

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.

1920

JOURNAL OF THE SENATE

The House substitute to SB 121 was as follows:
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 hibit certain disciplinary rules or penalties; to provide 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 for the confidentiality of reports of child controlled substance or marijuana abuse; to provide for permitted access and use of such reports; to provide for the sealing of records; to provide penalties for the provision of unpermitted access to records; 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) 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.
(d) 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 child's age, and the nature and extent of the child's controlled substance or marijuana abuse history, if known.
(e) No agency or political subdivision of this state shall enact or enforce any discipli nary rule or penalty against an employee of the state or of any political subdivision of the state for failure to make any report referred to in subsection (b), (c), or (d) of this Code section.
(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, pursuant to this Code section or any other law, is made in

TUESDAY, MARCH 10, 1987

1921

good faith. 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 in its entirety Code Section 49-5-40, relating to what records are confidential or restricted, and inserting in lieu thereof a new Code Section 49-5-40 to read as follows:
"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 and Code Section 49-5-41.1."
Section 3. Said article is further amended by inserting immediately following Code Sec tion 49-5-41 a new Code section, to be designated Code Section 49-5-41.1, to read as follows:
"49-5-41.1. (a) Notwithstanding Code Section 49-5-40, all reports, files, and records of child controlled substance or marijuana abuse shall be open to inspection only upon order of the juvenile court. As used in this Code section, 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.
(b) The juvenile court may permit authorized representatives of recognized organiza tions compiling statistics for proper purposes to inspect and make abstracts from official records under whatever conditions upon their use and distribution the judge may deem proper and may punish by contempt any violation of those conditions. The judge shall per mit authorized representatives of the Department of Human Resources and the Council of Juvenile Court Judges to inspect and extract data from child controlled substance and mari juana abuse records for the purpose of obtaining statistics on juveniles and to make copies pursuant to the order of the court.
(c) In no case shall records of child controlled substance or marijuana abuse be retained by the Department of Human Resources beyond the 24 months from the date a report is first received pursuant to Code Section 19-7-6 by a child welfare agency providing protective services.
(d) On application of a person who is the subject of a child controlled substance or marijuana abuse report, and after a hearing, the juvenile court may order the sealing of such reports, files, and records of the Department of Human Resources. Upon entry of the order, the Department of Human Resources shall treat the report and related information as if the report had never occurred. All index references shall be deleted and the person, the court, and the Department of Human Resources shall properly reply that no record exists with respect to the person upon inquiry in any matter. Inspection of the sealed files and records thereafter may be permitted by an order of the juvenile court upon petition by the person who is the subject of the records and only by those persons named in the order."
Section 4. Said article is further amended by adding at the end thereof a new Code section, to be designated Code Section 49-5-45, to read as follows:
"49-5-45. Any person who authorizes or permits any person or agency not authorized by the juvenile court pursuant to Code Section 49-5-41.1 to have access to such records con-

1922

JOURNAL OF THE SENATE

cerning reports of child controlled substance or marijuana abuse declared confidential by Code Section 49-5-40 shall be guilty of a misdemeanor."
Section 5. All laws and parts of laws in conflict with this Act are repealed.

Senator Barnes of the 33rd moved that the Senate agree to the House substitute to SB 121.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Broun of 46th Burton Coleman Coverdell 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 Shumake Stumbaugh Tate Tolleson Turner Tysinger Walker

Voting in the negative were Senators Hudgins and Kidd.

Those not voting were Senators:

Brannon Brown of 47th (excused) Bryant

Kennedy (presiding) Scott of 2nd Scott of 36th

Starr Timmons

On the motion, the yeas were 45, nays 2; the motion prevailed, and the Senate agreed to the House substitute to SB 121.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has disagreed to the Senate amendment to the House substitute to the fol lowing bill of the Senate:

SB 159. By Senators Scott of the 2nd, Albert of the 23rd and Langford of the 35th:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to establish the State Children's Trust Fund and the State Children's Trust Fund Commission; to provide a short title; to define cer tain terms; to provide for the membership of the State Children's Trust Fund Commission and its powers and compensation.

The House adheres to its position in insisting on its amendment, and has appointed a

TUESDAY, MARCH 10, 1987

1923

Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the Senate:
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 Speaker has appointed on the part of the House, Representatives Waldrep of the 80th, Williams of the 48th and Simpson of the 70th.
The House insists on its position in disagreeing to the Senate amendment, to the House substitute, and has appointed a Committee of Conference on the part of the House to confer with a like committee on the part of the Senate on the following bill of the Senate:
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.
The Speaker has appointed on the part of the House, Representatives Childers of the 15th, Green of the 106th and Pannell of the 122nd.
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 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 Speaker has appointed on the part of the House, Representatives Lawson of the 9th, Thomas of the 69th and Porter of the 119th.
The House adheres to its position in insisting on its amendment, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the Senate:
SB 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 Speaker has appointed on the part of the House, Representatives Lawson of the 9th, Walker of the 115th and Lawrence of the 49th.
The House insists on its position in disagreeing to the Senate amendment, and has

1924

JOURNAL OF THE SENATE

appointed a Committee of Conference on the part of the House to confer with a like com mittee on the part of the Senate on the following resolution of the House:

HR 109. By Representatives Redding of the 50th, Robinson of the 58th, Richardson of the 52nd, Steinberg of the 46th, Williams of the 54th and others:
A resolution creating the DeKalb County Government Study Commission.

The Speaker has appointed on the part of the House, Representatives Redding of the 50th, Williams of the 48th and Robinson of the 58th.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

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 sheriff's; to provide an effective date.

The House substitute to SB 106 was as follows:

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 the salaries of certain officers; to change the minimum annual salaries of clerks of superior courts; to change the minimum annual salaries of the sheriffs; to change the minimum annual salaries of the judges of the probate courts; to pro vide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by striking in its entirety Code Section 15-6-88, relating to the minimum annual salary schedule for clerks of superior courts, and inserting in its place a new Code Section 15-6-88 to read as follows:

"15-6-88. Any other provision of law to the contrary notwithstanding, the minimum annual salary of each clerk of the superior court in each county of this state shall be fixed according to the population of the county in which he serves, as determined by the United States decennial census of 1980 or any future such census; provided, however, that in the event the population of a county according to the United States decennial census of 1980 or any future such census is less than its population according to the United States decennial census of 1970, the population bracket under which any such county falls for the purposes of this Code section shall be determined according to the United States decennial census of 1970. Each such clerk shall receive an annual salary, payable in equal monthly installments from the funds of the county, of not less than the amount fixed in the following schedule:

Population

Minimum Salary

0 -- 5,999................................ 6,000 -- 11,999 ................................
12,000 -- 19,999 20,000 -- 29,999 ................................ 30,000 -- 39,999 40,000 -- 49,999 ................................ 50,000 -- 99,999 100,000 -- 199,999 ................................ 200,000 -- 249,999 ................................ 250,000 -- 294,999 ................................ 295,000 -- and up ................................

$15,187.00 20,856.00
23,626.00 25,313.00 27,000.00 28,688.00 30,376.00 32,064.00 33,751.00 46,674.00 51,524.00"

TUESDAY, MARCH 10, 1987

1925

Section 2. Said title is further amended by striking in its entirety subsection (a) of Code Section 15-16-20, relating to the minimum annual salaries of sheriffs, and inserting in lieu thereof a new subsection (a) to read as follows:

"(a) Any other law to the contrary notwithstanding, the minimum annual salary of each sheriff in this state shall be fixed according to the population of the county in which he serves, as determined by the United States decennial census of 1980 or any future such census. Each such sheriff shall receive an annual salary, payable in equal monthly install ments 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 -- 249,999 ................................ 250,000 -- 299,999 ................................ 300,000 -- and up ................................

$21,405.00 23,885.00 27,430.00 30,204.00 32,976.00 35,752.00 38,525.00 41,144.00 44,073.00 48,241.00 53,873.00"

Section 2.1. Said title is further amended by striking in its entirety paragraph (2) of subsection (a) of Code Section 15-9-63, relating to minimum salaries for judges of the pro bate courts, 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 ..................................

$14,302.00 18,885.00 20,978.00 23,175.00 25,640.00 27,044.00 29,103.00 35,012.00 42,997.00 46,865.00"

Section 3. This Act shall become effective January 1, 1988.

Section 4. All laws and parts of laws in conflict with this Act are repealed.

Senator Kidd of the 25th moved that the Senate agree to the House substitute to SB 106.

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 Bryant Coleman Coverdell Crumbley

Dawkins Deal Dean Echols Edge

1926

JOURNAL OF THE SENATE

Engram Fincher Foster Garner Gillis Harris Harrison Howard Hudgins Huggins

Kidd Land Langford McGill McKenzie Newbill Olmstead Peevy Perry Phillips

Ragan Ray Scott of 36th Shumake Stumbaugh Tate Timmons Tolleson Turner Walker

Voting in the negative was Senator Tysinger.

Those not voting were Senators:

Bowen Brannon Brown of 47th (excused)

Burton English Hine

Kennedy (presiding) Scott of 2nd Starr

On the motion, the yeas were 45, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 106.

Senator Kennedy of the 4th, President Pro Tempore, who was presiding, stated that at this time the Senate would consider in open session the appointment submitted by His Excellency, Governor Joe Frank Harris, in a communication to the Senate on March 4, which is included in the Journal of March 4.

The Senate Committee on Higher Education submitted the following report which was read by the Secretary:

The State Senate Atlanta
March 10, 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 Lamar Cousins, M.D., of Cobb County as a member of the Board of Regents of the University System of Georgia, for the term of office beginning March 10, 1987 and ending January 1, 1994.
Sincerely,
/s/ W. W. Fincher, Jr. Chairman, Senate Higher Education Committee

On the confirmation, 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

TUESDAY, MARCH 10, 1987

1927

Burton Coleman Coverdell
Crumbley
}fwklns tEEridC*gheno,ls English Engram Fincher Foster Garner Gillis

Harris Harrison Howard
Hudgins
Huggins KTLaidndd, Langford McGill Newbill Olmstead Peevy Perry

Phillips Ragan Ray
Scott of 2nd
Scott of 36th SS,,,htaurmr ake Stumbaugh Tate Tolleson Turner Tysinger Walker

Those not voting were Senators:

Bowen Brannon Brown of 47th (excused)

Bryant Deal Hine

Kennedy (presiding) McKenzie Timmons

On the confirmation, the yeas were 46, nays 0; the motion prevailed, and the appointee was confirmed.

On the confirmation of the above appointee, the following communication was sent by the Secretary of the Senate to His Excellency, Governor Joe Frank Harris:

Office of Secretary of the Senate 353 State Capitol
Atlanta, Georgia 30334 March 10, 1987
Honorable Joe Frank Harris Governor State Capitol Atlanta, Georgia
Dear Governor Harris:
Under the rules of the Georgia State Senate governing confirmation of appointments submitted by you, I have the honor to report to you as follows:
The nomination sent to the Senate by you on March 4, 1987, was acted upon by the Georgia State Senate in session on March 10, 1987, with the following results:
Honorable William Lamar Cousins, M.D., of Cobb County as a member of the Board of Regents of the University System of Georgia, for the term of office beginning March 10, 1987, and ending January 1, 1994. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
Sincerely,
/s/ Hamilton McWhorter, Jr. Secretary of the Senate

The President resumed the Chair.

The following general bill of the House, having been passed and reconsidered previously

1928

JOURNAL OF THE SENATE

today, and action suspended subject to the printing of the amendment thereto, was contin ued upon its passage:

HB 905. By Representatives Mangum of the 57th and Athon of the 57th:
A bill to amend Article 4 of Chapter 4 of Title 20 of the Official Code of Georgia Annotated, known as the "Georgia Proprietary School Act", so as to provide for certificates of authorization for proprietary schools in lieu of certificates of approval.
Senate Sponsor: Senator Foster of the 50th.

On the adoption of the amendment, Senator Kidd of the 25th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin
Barker oBBrroyWuaenn"t ocf 4,^6tuh Dawkins Echols Edge

Engram Fincher
Harris HH..iunde,gm. s Kidd Langford Olmstead

Peevy Perry
Scott of 2nd S0S,hcoutmt aok,fe36th Stumbaugh Tate Walker

Those voting in the negative were Senators:

Albert Barnes Burton lema, ", CCoruvmerbdleelyl
Tjean
Foster
Garner

Gillis Harrison Howard Huggins .K. enned,y
Land
McGill
McKenzie

Newbill Phillips Ragan Ray S,,,tarr
Timmons
Turner
Tysinger

Those not voting were Senators:

Brannon

Deal

Brown of 47th (excused) English

Tolleson

On the adoption of the amendment, the yeas were 25, nays 25, and the amendment was defeated.

Senator Kidd of the 25th moved that the Senate reconsider its action in defeating the amendment offered by Senators Scott of the 36th, Hudgins of the 15th and Kidd of the 25th.

On the motion, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Bowen

Broun of 46th Bryant Crumbley Dawkins

Dean Echols Edge Engram

TUESDAY, MARCH 10, 1987

1929

Fincher Garner j arris Ho'ward Hudgins Kennedy

Kidd Langford McGill Olmstead Peevy Perry

Scott of 2nd Scott of 36th Shumake Stumbaugh Tate Walker

Those voting in the negative were Senators:

Albert Barnes Burton Coleman Coverdell English Foster

Gillis Harrison Huggins Land McKenzie Newbill Phillips

Ragan Ray Starr Timmons Tolleson Turner Tysinger

Those not voting were Senators:

Brannon

Brown of 47th (excused) Deal

On the motion, the yeas were 31, nays 21; the motion prevailed, and the amendment offered by Senators Scott of the 36th, Hudgins of the 15th and Kidd of the 25th was reconsidered.

On the adoption of the amendment offered by Senators Scott of the 36th, Hudgins of the 15th and Kidd of the 25th, Senator Hudgins of the 15th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Bowen
Broun of 46th Bryant Coverdell Crumbley Dawkins

Echols Edge Engram Fincher
Harris Hine Hudgins Kidd Langford

Olmstead Peevy Perry Scott of 2nd
Scott of 36th Shumake Stumbaugh Tate Walker

Those voting in the negative were Senators:

Albert Barnes Burton C<>leman DEneganlish
Foster
Garner
Gillis

Harrison Howard Huggins Kennedy .Land,
McGill
McKenzie
Newbill

Phillips Ragan Ray Starr ,,T.immons
Tolleson
Turner
Tysinger

Those not voting were Senators:

Brannon

Brown of 47th (excused) Deal

1930

JOURNAL OF THE SENATE

On the adoption of the amendment, the yeas were 27, nays 25, 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
Bowen Broun of 46th
Crumbley Dawkins Dean Echols Edge

English Engram Fincher
Gillis Hjne
Hudgins Kennedy Kidd Langford McGill

Olmstead Peevy Perry
Ragan gcott of 2nd
Scott of 36th Shumake Stumbaugh Tate Walker

Those voting in the negative were Senators:

Albert Barnes BCp,oougvrtteoerrd"el,,l Garner Harrison

Howard Huggins Land McKenzie Newbill Phillips

Ray Starr Timmons Tolleson Turner Tysinger

Those not voting were Senators:

Brannon

Coleman

Brown of 47th (excused) Deal

Harris

On the passage of the bill, the yeas were 31, nays 19.

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 amendment thereto:

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.

The House amendment was as follows:

Amend SB 266 as follows: On page 2, line 27, change "January" to "July".

TUESDAY, MARCH 10, 1987

1931

Senator Engram of the 34th moved that the Senate agree to the House amendment to SB 266.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Broun of 46th Bryant Burton Coleman Crumbley Dawkins Deal Dean Echols Edge

English Engram Foster Garner Gillis Harris Harrison Hine Howard Hudgins Kennedy Kidd Langford McGill McKenzie

Olmstead Peevy Perry Phillips Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Brannon Brown of 47th (excused) Coverdell

Fincher Huggins Land

Newbill Ragan Tate

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 266.

The following bills of the House were taken up for the purpose of considering the House action thereon:

HB 170. By Representatives Cox of the 141st, Long of the 142nd, Reaves of the 147th, Patten of the 149th, Bostick of the 138th and others:
A bill to amend Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to dimensions and weights of vehicles and loads, so as to change certain length limitations for vehicles; to change certain length limita tions for vehicles operating with special permits.

Senator Coleman of the 1st moved that the Senate insist upon the Senate substitute to HB 170.

On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 170.

HB 10. By Representatives Lucas of the 102nd, Coleman of the 118th, Hanner of the 131st and Ramsey of the 3rd:
A bill to amend Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to indemnification for law enforcement officers, firemen, and prison guards who are killed or permanently disabled in the line of duty, so as to provide the same indemnification with respect to publicly employed emergency medical technicians who are killed or permanently disabled in the line of duty after a certain date.

1932

JOURNAL OF THE SENATE

Senator Turner of the 8th moved that the Senate adhere to the Senate substitute to HB 10, and that a Conference Committee be appointed.

On the motion, the yeas were 38, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 10.

The President appointed as a Conference Committee on the part of the Senate the following:

Senators Turner of the 8th, Bowen of the 13th and McKenzie of the 14th.

The following bill of the Senate was taken up for the purpose of considering the House amendment thereto:

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 House amendment was as follows:

Amend SB 282 by inserting after the word "municipalities" on line 8 of page 2 the following:
", except a consolidated city-county government,",
and by inserting after the word "thereto" on line 21 of page 2 the following:
"and there is conspicuously posted on such real property notice that any vehicle parked thereon which is not authorized to be parked on such property may be removed at the expense of the owner of the vehicle along with information as to where the vehicle may be recovered".

Senator Scott of the 2nd moved that the Senate agree to the House amendment to SB 282 as amended by the following amendment:
Amend the House amendment to SB 282 on page 1, line 8 by striking the following:
"and there is conspicuously posted on such real property notice that any vehicle parked thereon which is not authorized to be parked on such property may be removed at the expense of the owner of the vehicle along with information as to where the vehicle may be recovered".
and insert in lieu thereof the following:
"or if there is conspicuously posted at the entrance on such real property notice that any vehicle parked thereon which is not authorized to be parked on such property may be removed at the expense of the owner of the vehicle along with information as to where the vehicle may be recovered and cost."

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 Bryant Burton Coleman Coverdell

Crumbley Dawkins Deal Dean Echols

TUESDAY, MARCH 10, 1987

1933

Engram Fincher Foster ^aTMer
,,HHaarrrrii.sson Howard Hudgins Huggins Kennedy

Kidd Land McGill McKenzie
NO_.elmwsbtiellad, Peevv Perrv Phillips Ragan

Ray Scott of 2nd Scott of 36th Starr
S_Tt.iummmboanusgh Tolleson Turner Tysinger Walker

Voting in the negative was Senator Edge.

Those not voting were Senators:

Brannon Broun of 46th Brown of 47th (excused)

English Hine Langford

Shumake Tate

On the motion, the yeas were 46, nays 1; the motion prevailed, and the Senate agreed to the House amendment to SB 282 as amended by the Senate.

The following bills and resolutions of the House and Senate were taken up for the pur pose of considering the House action thereon:

HB 652. By Representatives Triplet! 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.

Senator Coleman of the 1st moved that the Senate insist upon the Senate substitute to HB 652.

On the motion, the yeas were 41, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 652.

HR 176. By Representatives Byrd of the 153rd, Moody of the 153rd, Smith of the 152nd and others:
A resolution creating the Brunswick Judicial Circuit Study Committee.

Senator Echols of the 6th moved that the Senate insist upon the Senate substitute to HR 176.

On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HR 176.

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.

1934

JOURNAL OF THE SENATE

Senator Scott of the 2nd moved that the Senate adhere to the Senate amendment to the House substitute to SB 159, and that a Conference Committee be appointed.
On the motion, the yeas were 38, nays 0; the motion prevailed, and the Senate adhered to the Senate amendment to the House substitute to SB 159.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Scott of the 2nd, Barker of the 18th and Albert of the 23rd.
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.
Senator Kidd of the 25th moved that the Senate insist upon the Senate substitute to HB 107.
On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 107.
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.
Senator Kidd of the 25th moved that the Senate adhere to the Senate substitute to HB 269 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 269.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Kidd of the 25th, Hudgins of the 15th and Barker of the 18th.
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.
Senator Kidd of the 25th moved that the Senate insist upon the Senate amendments to HB 387.

TUESDAY, MARCH 10, 1987

1935

On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate insisted upon the Senate amendments to HB 387.
HR 109. By Representatives Redding of the 50th, Robinson of the 58th, Richardson of the 52nd and others: A resolution creating the DeKalb County Government Study Commission.
Senator Walker of the 43rd moved that the Senate adhere to the Senate amendment to HR 109 and that a Conference Committee be appointed.
On the motion, the yeas were 38, nays 0; the motion prevailed, and the Senate adhered to the Senate amendment to HR 109.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Walker of the 43rd, Stumbaugh of the 55th and Kidd of the 25th.
The President announced that the Senate would stand in recess from 4:05 o'clock P.M. until 4:50 o'clock P.M.
At 4:50 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 insists on its position in substituting the following bill of the Senate:
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 following bill of the House was taken up for the purpose of considering the Confer ence Committee report thereon:
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.
The Conference Committee report on HB 43 was as follows:
The Committee of Conference on HB 43 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 43 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Culver Kidd Senator, 25th District
/s/ Tommy C. Olmstead Senator, 26th District
/s/ Floyd Hudgins Senator, 15th District

FOR THE HOUSE OF REPRESENTATIVES:
/a/ Cathey W. Steinberg Representative, 46th District
/s/ William J. Lee Representative, 72nd District
/s/ Cas M. Robinson Representative, 58th District

Conference Committee substitute to HB 43:

A BILL
To be entitled an Act to amend Part 1 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone service in general, 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 auto matic telephone dialing and announcing equipment is unlawful; to require the furnishing of certain information in connection with telephone calls made through the use of automatic telephone dialing and announcing equipment; to prohibit the connection or use of automatic telephone dialing and announcing equipment under certain circumstances; to provide proce dures whereby a person can consent to one or more calls by a person using automatic tele phone 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 pre vent or hinder an authorized official from inspecting such records; to make it unlawful to use automatic telephone dialing and announcing equipment for certain purposes unless a permit has been issued for such use; to provide procedures for the issuance of permits; to provide for fees; to provide for renewal of permits; to provide for 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 for applicability; to provide a penalty; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 1 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone service in general, is amended by adding at the end thereof a new Code Section 46-5-23 to read as follows:
"46-5-23. (a) (1) As used in this Code section, the term 'ADAD equipment' means any device or system of devices which is used, whether alone or in conjunction with other equip ment, for the purpose of automatically selecting or dialing telephone numbers and dissemi nating prerecorded messages to the numbers so selected or dialed.
(2) It shall be 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, pri marily for personal, family, or household use or for the purpose of conducting polls or solic iting information where:
(A) Consent is not received prior to the initiation of the calls as specified in paragraph (3) of this subsection;
(B) Such use is other than between the hours of 8:00 A.M. and 9:00 P.M.;

TUESDAY, MARCH 10, 1987

1937

(C) The ADAD equipment will operate unattended or is not so designed and equipped with an automatic clock and calendar device that it will not operate unattended, even in the event of power failures;
(D) Such use involves either the random or sequential dialing of telephone numbers;
(E) The telephone number required to be stated in subparagraph (G) of this paragraph is not one which during normal business hours is promptly answered in person by a person 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;
(F) The automatic dialing and recorded message player does not automatically and im mediately terminate its connection with any telephone call within ten seconds after the per son called fails to give consent for the playing of a recorded message or hangs up his or her telephone;
(G) 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
(H) 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;
(3) (A) A person may give consent to a call made with ADAD equipment when a line operator introduces the call and states an intent to play a recorded message. Any such con sent 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 equipment shall give his or her written consent to the person using, employing or directing another person to use, or contracting for the use of such ADAD equipment. Any forms used for such written consent by any person using, employing or directing another person to use, or con tracting for the use of such ADAD equipment shall clearly and conspicuously state its pur pose and effect and clearly and conspicuously give notice of how the consent may be with drawn. A record of such written consent shall be maintained by the person to whom consent is given and shall be made available to the commission or its 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 per son 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 commission or its authorized representative from inspecting any such record of written consent.
(b) It shall be unlawful for any person to use, to employ or direct another person to use, or to contract for the use of ADAD equipment in any manner covered by the provisions of subparagraphs (a)(2)(B) through (a)(2)(G) of this Code section when:
(1) Calls are made with ADAD equipment by a nonprofit organization, or by an individ ual 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;
(2) Calls made with ADAD equipment relate to payment for, service of, or warranty coverage of previously ordered or purchased goods or services; or
(3) Calls made with ADAD equipment relate to collection of lawful debts.
(c) It shall be unlawful for any person to connect any ADAD equipment to any tele phone line in this state for the purpose of making telephone calls to persons in this state

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through the use of ADAD equipment unless a permit has been issued for such ADAD equip ment by the commission. Any person desiring to use ADAD equipment in this state shall make application for a permit to the commission on forms prescribed by the commission and shall pay a fee as prescribed by the commission for such permit. Permits shall be re newed biennially as prescribed by the commission and upon payment of a renewal fee. The fees charged shall cover the administrative cost for the issuance of such permits. Permits shall be subject to suspension or revocation for any violation of this Code section.
(d) The provisions of this Code section shall supersede any prior rule, regulation, or order of the commission governing the use of ADAD equipment but shall not prohibit or supersede any future rule, regulation, or order of the commission governing the use of ADAD equipment except to the extent that any such rule, regulation, or order directly con flicts with this subsection. Except for criminal sanctions, the commission is charged with the responsibility of enforcing this Code section; and the commission shall require local ex change companies to file with the commission appropriate tariff revisions to implement this subsection. Any person who operates or utilizes ADAD equipment in violation of the provi sions of this Code section shall be subject to disconnection of telephone service if the viola tion 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.
(e) Any person who violates any provision of this subsection shall be guilty of a misdemeanor."
Section 2. This Act shall become effective June 1, 1987.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Kidd of the 25th moved that the Senate adopt the Conference Committee re port on HB 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 Bowen
Rf ^
Broun of 46th
{BCfouylret,omnan Coverdell Crumbley Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Garner Gillis
Harris
Harrison
Hine Howard Hudgms Huggins Kennedy Kidd Land Langford McKenzie

Newbill Olmstead Peevy Perry Phillips Ragan
Rfly
gcott rf 2nd
SS_,hcoutmt aok.fe36th Starr Stumbaugh Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Brown of 47th (excused) McGill

Tate

TUESDAY, MARCH 10, 1987

1939

On the motion, the yeas were 52, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 43.

SUPPLEMENTAL SENATE RULES CALENDAR
Tuesday, March 10, 1987 THIRTY-NINTH LEGISLATIVE DAY

HB 479 Special Purpose County Sales Tax--for certain water capital outlay projects (SUBSTITUTE) (B&F--8th)
HB 873 Special License Plates--to commemorate Augusta College founding (AMEND MENTS) (TRANS--1st)
HB 741 Jekyll Island-State Park Authority--ordinance violation (SUBSTITUTE) (PUB SAF--6th)
HB 613 Benefits Paid by Vehicle Insurance--reduce benefits paid by State group plan (INS--25th)
HB 874 Special License Plates--to commemorate founding of Medical College of Georgia (TRANS--1st)
Respectfully submitted,
/a/ Nathan Dean Dean of the 31st, Chairman Senate Rules Committee
The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:
HB 479. By Representatives Peters of the 2nd, Ramsey of the 3rd, Kilgore of the 42nd and Dover of the llth:
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 the purpose of certain water, sewer, or water and sewer capital outlay projects to be owned and operated by a county water and sewer district and one or more municipalities.
Senate Sponsor: Senator Turner of the 8th.

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The following Fiscal Note, as required by law, was read by the Secretary:

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334

MEMORANDUM

TO:

The Honorable Joe Mack Wilson, Chairman

House Retirement Committee

FROM:

G. W. Hogan, State Auditor C. T. Stevens, Director, Office of Planning and Budget

DATE:

February 9, 1987

SUBJECT: Fiscal Note--House Bill 479 Special Purpose County Sales Tax

This Bill would expand the list of projects which a county may fund with proceeds from the special purpose 1 % county sales tax. It provides that any water project, sewer project or a water and sewer project is an acceptable use of the tax funds, provided the project is to be owned and operated by a county water and sewer district and one or more municipalities in that county. The proceeds of the tax would be allocated to the county and the municipali ties based on population as defined in the 1980 or later census. This Bill would become effective upon its approval by the Governor or upon its becoming law without such approval.

The fiscal impact of this Bill cannot be predicted since the number of additional coun ties which might impose a special purpose sales tax cannot be determined. It is not known whether the inclusion of water and sewer capital outlay projects in the list of allowable projects will cause more counties to adopt the tax.

The most recent information available indicated that 28 of the 159 counties had col lected special purpose taxes of approximately $156 million in calendar year 1986. Fulton County cannot collect the tax since it is already collecting the maximum 5 % sales tax allow able under state law. If all of the remaining 130 counties were to impose a special purpose tax, the counties could receive a maximum of approximately $332 million in additional tax revenue. The Department of Revenue would experience increased costs to administer the programs; however, the department would also receive approximately $3.35 million since it retains one percent of all sales tax proceeds to cover the costs associated with collecting and disbursing the tax. It should be noted that at least 48 counties will collect special purpose taxes in calendar year 1987.

Is/ G. W. Hogan State Auditor

/s/ C. T. Stevens, Director Office of Planning and Budget

The Senate Committee on Banking and Finance offered the following substitute to HB 479:

A BILL
To be entitled an Act 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 pro vide that such taxes may be imposed for any combination of previously authorized purposes; to provide that such taxes may be imposed for the purpose of certain cultural, recreational, and historic facilities and for the purpose of certain water, sewer, or water and sewer capital outlay projects to be owned and operated by a county water and sewer district and one or more municipalities; to provide that such taxes may be imposed for the purpose of retiring certain previously incurred general obligation debt; to change the method of submission of imposition or reimposition of the tax to the voters and the method of advertisement of the same; to provide that no general obligation debt shall be issued in connection with the im-

TUESDAY, MARCH 10, 1987

1941

position of the tax when the tax is imposed in whole or in part for road, street, or bridge purposes; to change provisions relating to the termination of the tax; to change provisions relating to authorized uses of proceeds of the tax; to change provisions relating to issuance of general obligation debt in connection with the imposition of the tax; to provide for the automatic repeal of said Article 3 of Chapter 8 of Title 48 and for the termination of the authority to impose special purpose county sales and use taxes; to provide for continuation of previously imposed and authorized taxes; to provide for all related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to special purpose county sales and use taxation, is amended by striking Code Sec tion 48-8-111, relating to authorization for and imposition of the tax and issuance of debt, and inserting in its place a new Code section to read as follows:
"48-8-111. (a) Whenever a county governing authority votes to impose the tax author ized by this article, the governing authority shall notify the county election superintendent by forwarding to the superintendent a copy of the resolution or ordinance of the governing authority calling for the imposition of the tax. Such ordinance or resolution shall specify:
(1) The purpose or purposes for which the proceeds of the tax are to be used and may be expended, which purpose or purposes may consist of projects located within or without, or both within and without, any incorporated areas in the county and which may include any of the following purposes:
(A) Road, street, and bridge purposes;
(B) A capital outlay project or projects of the county for the use of or the benefit of the citizens of the entire county and consisting of a county courthouse; county administrative buildings; a civic center; a hospital; a county jail, correctional institution, or other detention facility; a county library; a coliseum; sanitary landfills; or any combination of such projects;
(C) A capital outlay project or projects which will be operated by a joint authority or authorities of the county and one or more municipalities within the county and which will be for the use of or benefit of the citizens of the county and the citizens of one or more municipalities within the county;
(D) A capital outlay project or projects, to be owned or operated or both either by the county, one or more municipalities, or any combination thereof, with respect to which the county has, prior to the call of the election, entered into a contract or agreement, as author ized by Article IX, Section HI of the Constitution, with one or more municipalities in the county, which municipality or municipalities contain more than one-half of the aggregate population of all municipalities within the county; and, for purposes of determining the population of a municipality under this subparagraph, only that portion of the population of each municipality which is within the county shall be included;
(E) A capital outlay project consisting of a cultural facility, a recreational facility, or an historic facility (or a facility for some combination of such purposes);
(F) A water capital outlay project, a sewer capital outlay project, a water and sewer capital outlay project, or a combination of such projects, to be owned or operated or both by a county water and sewer district and one or more municipalities in the county, with respect to which the county has, prior to the call of the election, entered into a contract or agree ment, as authorized by Article IX, Section III of the Constitution; and when the tax is imposed pursuant to this subparagraph the proceeds of the tax shall be allocated between the water and sewer district and the municipality or municipalities based upon the popula tion of the municipality or municipalities, according to the 1980 decennial census or any future such census, over the population of the county, according to the 1980 decennial cen sus or any future such census, with such allocation to be specified in the contract or agree ment relating to the capital outlay facility or facilities;
(G) The retirement of previously incurred general obligation debt of the county (other

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than general obligation debt incurred for road, street, or bridge purposes), if such previously incurred general obligation debt was incurred for a project or projects of a type for which new general obligation debt may be incurred under this article; or

(H) Any combination of two or more of the foregoing;

(2) The maximum period of time, to be stated in calendar years or calendar quarters and not to exceed five years, or not to exceed four years if the proceeds of the tax are to be used in whole or in part for road, street, and bridge purposes, for which the tax may be imposed;

(3) The maximum cost of the project or projects which will be funded from the pro ceeds of the tax, which maximum cost shall also be the maximum amount of net proceeds to be raised by the tax, except that if the tax is to be imposed in whole or in part for road, street, and bridge purposes, the maximum cost and maximum proceeds to be raised shall be omitted; and

(4) If general obligation debt is to be issued in conjunction with the imposition of the tax, as authorized by this article in cases where the tax is imposed other than in whole or in part for road, street, and bridge purposes, the principal amount of the debt to be issued, the purpose for which the debt is to be issued, the interest rate or rates or the maximum inter est rate or rates which such debt is to bear, and the amount of principal to be paid in each year during the life of the debt.

(b) Upon receipt of the resolution or ordinance, the election superintendent shall issue the call for an election for the purpose of submitting the question of the imposition of the tax to the voters of the county. The election superintendent shall set the date of the election for a day not less than 30 nor more than 45 days after the date of the issuance of the call. The election superintendent shall cause the date and purpose of the election to be published once a week for four weeks immediately preceding the date of the election in the official organ of the county. If general obligation debt is to be issued in conjunction with the impo sition of the tax, the notice published by the election superintendent shall also include, in such form as may be specified by the county governing authority, the principal amount of the debt, the purpose for which the debt is to be issued, the rate or rates of interest or the maximum rate or rates of interest the debt will bear, and the amount of principal to be paid in each year during the life of the debt; and such publication of notice by the election super intendent shall take the place of the notice otherwise required by Code Section 36-80-11 or by subsection (b) of Code Section 36-82-1, which notice shall not be required.

(c) If the tax is to be imposed solely for road, street, and bridge purposes, the ballot shall have written or printed thereon the following:

'[ ] YES [ ] NO

Shall a special 1 percent sales and use tax be imposed for road, street, and bridge purposes in _________ County for a period of

(d) (1) If the tax is to be imposed solely for purposes other than for road, street, and bridge purposes and if no debt is to be issued, the ballot shall have written or printed thereon the following:

'[ ] YES [ ] NO

Shall a special 1 percent sales and use tax be imposed in __________ County for a period of time not to exceed _________ and for the raising of not more than $_________ for the purpose of __________?'

(2) If debt is to be issued, the ballot shall also have written or printed thereon, follow ing the language specified by paragraph (1) of this subsection the following:

'If imposition of the tax is approved by the voters, such vote shall also constitute ap proval of the issuance of general obligation debt of _________ County in the principal amount of $_________ for the above purpose.'

(3) If the tax is to be imposed in part for road, street, and bridge purposes and in part for other purposes, the ballot shall have written or printed thereon the following:

TUESDAY, MARCH 10, 1987

1943

YES [ ] NO

Shall a special 1 percent sales and use tax be imposed in County for a period of _________, for road, street, and bridge purposes and for the purpose of ------------------?'

(e) All persons desiring to vote in favor of imposing the tax shall vote 'Yes' and all persons opposed to levying the tax shall vote 'No.' If more than one-half of the votes cast are in favor of imposing the tax then the tax shall be imposed as provided in this article; otherwise the tax shall not be imposed and the question of imposing the tax shall not again be submitted to the voters of the county until after 12 months immediately following the month in which the election was held. The election superintendent shall hold and conduct the election under the same rules and regulations as govern special elections. The superin tendent shall canvass the returns, declare the result of the election, and certify the result to the Secretary of State and to the commissioner. The expense of the election shall be paid from county funds.

(f) (1) If the proposal includes the authority to issue general obligation debt and if more than one-half of the votes cast are in favor of the proposal, then the authority to issue such debt in accordance with Article IX, Section V, Paragraph I of the Constitution is given to the proper officers of the county; otherwise such debt shall not be issued. If the authority to issue such debt is so approved by the voters, then such debt may be issued without further approval by the voters.

(2) If the issuance of general obligation debt is included and approved as provided in this Code section, then the governing authority of the county may incur such debt either through the issuance and validation of general obligation bonds or through the execution of a promissory note or notes or other instrument or instruments. If such debt is incurred through the issuance of general obligation bonds, such bonds and their issuance and valida tion shall be subject to Articles 1 and 2 of Chapter 82 of Title 36 except as specifically provided otherwise in this article. If such debt is incurred through the execution of a prom issory note or notes or other instrument or instruments, no validation proceedings shall be necessary and such debt shall be subject to Code Sections 36-80-10 through 36-80-14 except as specifically provided otherwise in this article. In either event, such general obligation debt shall be payable first from the separate account in which are placed the proceeds re ceived by the county from the tax authorized by this article. Such general obligation debt shall, however, constitute a pledge of the full faith, credit, and taxing power of the county; and any liability on such debt which is not satisfied from the proceeds of the tax authorized by this article shall be satisfied from the general funds of the county. In no event shall any proceeds of a tax which is imposed pursuant to this article in whole or in part for road, street, or bridge purposes be used for payment of general obligation debt."

Section 2. Said article is further amended by striking Code Section 48-8-112, relating to imposition and termination of the tax, and inserting in its place a new Code section to read as follows:

"48-8-112. (a) If the imposition of the tax is approved at the special election, the tax shall be imposed on the first day of the next succeeding calendar quarter which begins more than 80 days after the date of the election at which the tax was approved by the voters. With respect to services which are regularly billed on a monthly basis, however, the resolu tion shall become effective with respect to and the tax shall apply to services billed on or after the effective date specified in the previous sentence.

(b) The tax shall cease to be imposed on the earliest of the following dates:

(1) If the resolution or ordinance calling for the imposition of the tax provided for the issuance of general obligation debt and such debt is the subject of validation proceedings, as of the end of the first calendar quarter ending more than 80 days after the date on which a court of competent jurisdiction enters a final order denying validation of such debt;

(2) On the final day of the maximum period of time specified for the imposition of the tax; or

(3) If the tax was imposed solely for purposes other than road, street, and bridge pur-

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poses, as of the end of the calendar quarter during which the commissioner determines that the tax will have raised revenues sufficient to provide to the county net proceeds equal to or greater than the amount specified as the maximum amount of net proceeds to be raised by the tax.
(c) No county shall impose at any time more than a single 1 percent tax under this article. A county in which a tax authorized by this article is in effect may, while the tax is in effect, adopt a resolution or ordinance calling for the reimposition of a tax as authorized by this article upon the termination of the tax then in effect; and a special election may be held for this purpose while the tax is in effect. Proceedings for the reimposition of a tax shall be in the same manner as proceedings for the initial imposition of the tax, but the newly au thorized tax shall not be imposed until the expiration of the tax then in effect. Following the expiration of a tax under this article, a county may likewise initiate proceedings for the reimposition of a tax under this article."
Section 3. Said article is further amended by striking Code Section 48-8-121, relating to use of proceeds of the tax, and inserting in its place a new Code section to read as follows:
"48-8-121. (a) The proceeds received from the tax authorized by this article shall be used by the county exclusively for the purpose, or purposes specified in the resolution or ordinance calling for imposition of the tax. Such proceeds shall be kept in a separate ac count from other funds of the county and shall not in any manner be commingled with other funds of the county prior to expenditure.
(b) If the resolution or ordinance calling for the imposition of the tax specified that the proceeds of the tax are to be used in whole or in part for road, street, and bridge purposes, then authorized uses of the tax proceeds shall include acquisition of right of way for, con struction of, and renovation and improvement of, including relocation of utilities for and improvement of surface water drainage from, roads, streets, and bridges both within the unincorporated area of the county and within the incorporated areas of municipalities within the county. If the resolution or ordinance calling for the imposition of the tax speci fied that the proceeds of the tax are to be used in whole or in part for road, street, and bridge purposes, then no part of the proceeds of the tax shall be used to retire general obligation debt.
(c) No general obligation debt shall be issued in conjunction with the imposition of the tax authorized by this article when the tax is imposed in whole or in part for road, street, and bridge purposes. If the tax is imposed solely for purposes other than road, street, and bridge purposes, then no general obligation debt shall be issued in conjunction with the imposition of the tax unless the county governing authority determines that, and if the debt is to be validated it is demonstrated in the validation proceedings that, during each year in which any payment of principal or interest on the debt comes due the county will receive from the tax authorized by this article net proceeds sufficient to fully satisfy such liability. General obligation debt issued under this article shall be payable first from the separate account in which are placed the proceeds received by the county from the tax authorized by this article. Such debt, however, shall constitute a pledge of the full faith, credit, and taxing power of the county; and any liability on said debt which is not satisfied from the proceeds of the tax authorized by this article shall be satisfied from the general funds of the county.
(d) The resolution or ordinance calling for imposition of the tax authorized by this article solely for purposes other than for road, street, and bridge purposes may specify that all of the proceeds of the tax will be used for payment of general obligation debt issued in conjunction with the imposition of the tax. If the resolution or ordinance so provides, then such proceeds shall be used solely for such purpose except as provided in subsection (g) of this Code section.
(e) (1) The resolution or ordinance calling for the imposition of the tax authorized by this article solely for purposes other than for road, street, and bridge purposes may specify that a part of the proceeds of the tax will be used for payment of general obligation debt issued in conjunction with the imposition of the tax. If the ordinance or resolution so pro-

TUESDAY, MARCH 10, 1987

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vides, it shall specifically state the other purposes for which such proceeds will be used; and such other purposes shall be a part of the capital outlay project or projects for which the tax is to be imposed. In such a case no part of the net proceeds from the tax received in any year shall be used for such other purposes until all debt service requirements of the general obligation debt for that year have first been satisfied from the account in which the pro ceeds of the tax are placed.
(2) In no event shall any proceeds of general obligation debt issued pursuant to this article be used for road, street, or bridge purposes.
(f) The resolution or ordinance calling for the imposition of the tax may specify that no general obligation debt is to be issued in conjunction with the imposition of the tax. If the ordinance or resolution so provides, it shall specifically state the purpose or purposes for which the proceeds will be used.
(g) If the proceeds of the tax are specified to be used solely for the purpose of payment of general obligation debt issued in conjunction with the imposition of the tax, then any net proceeds of the tax in excess of the amount required for final payment of such debt shall be subject to and applied as provided in this subsection. If the county receives from the tax net proceeds (other than from a tax imposed in whole or in part for road, street, and bridge purposes) in excess of the maximum cost of the project or projects stated in the resolution or ordinance calling for the imposition of the tax or in excess of the actual cost of such project or projects, then such excess proceeds shall be subject to and applied as provided in this subsection. If the tax is terminated under paragraph (1) of subsection (b) of Code Sec tion 48-8-112 by reason of denial of validation of debt, then all net proceeds received by the county from the tax shall be excess proceeds subject to this subsection. Excess proceeds subject to this subsection shall be used solely for the purpose of reducing any indebtedness of the county other than indebtedness incurred pursuant to this article. If there is no such other indebtedness or, if the excess proceeds exceed the amount of any such other indebted ness, then the excess proceeds shall next be paid into the general fund of the county, it being the intent that any funds so paid into the general fund of the county be used for the purpose of reducing ad valorem taxes."
Section 4. Said article is further amended by adding at the end thereof a new Code Section 48-8-122 to read as follows:
"48-8-122. This article shall be repealed upon the date on which an Act or constitu tional amendment increasing the current 3 percent state sales and use tax to a rate in excess of 3 percent becomes effective. No county shall on or after such date adopt any resolution or ordinance calling for the imposition of the tax authorized by this article. With respect to taxes imposed under this article prior to such date, and proceedings commenced prior to such date for the imposition of taxes under this article, the provisions of this article shall continue to control until such previously imposed taxes, previously commenced proceedings, and taxes resulting from such previously commenced proceedings are terminated according to the provisions of this article."
Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 6. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 45, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

1946

JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Albert

Allgood

Baldwin

Barker

Barnes

Bowen

Brannon .,,,,

Broun of Bryant

46th

Burton

Coleman

Coverdell

Crumbley

Dawkins

Deal

Dean

Echols

Edge English Engram Fincher Foster Garner Gillis
Harris Harrison Hine Howard Huggins Kennedy Krdd Land Langford

McGill McKenzie Newbill Peevy Perry Ragan Ray Scott of 36th Starr Stumbaugh Tate Timrnons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Brown of 47th (excused) Olmstead

Hudgins

Phillips

Scott of 2nd Shumake

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 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.
Senate Sponsors: Senators Coleman of the 1st and Allgood of the 22nd.

Senator Allgood of the 22nd offered the following amendment:

Amend HB 873 by inserting on line 5 of page 1 between "College" and the semicolon and on line 19 of page 1 between "College" and the period the following:
"and special license plates to commemorate the founding of Paine College".
By inserting on line 14 of page 1 between "1925" and the comma the following:
"and Paine College having been founded in 1883".
By striking from line 16 of page 1 the following: "that",

and inserting in its place the following: "each".

On the adoption of the amendment, the yeas were 44, nays 0, and the amendment was adopted.

TUESDAY, MARCH 10, 1987

1947

Senator Allgood of the 22nd offered the following amendment:
Amend HB 873 by inserting on line 5 of page 1 between "College" and the semicolon the following:
"and to commemorate the founding of Paine College".
By striking from line 12 of page 1 the following:
"a new Code section",
and inserting in its place the following:
"two new Code sections".
By striking the quotation marks on line 14 of page 2 and by inserting between lines 14 and 15 of page 2 the following:
"40-2-29.18. (a) Paine College having been founded in 1883, there shall be issued begin ning in 1988 special license plates to commemorate the establishment of that college.
(b) The commissioner shall prepare special distinctive license plates of a design appro priate to commemorate the founding of Paine College. It shall not be a requirement that a county name decal be affixed and displayed on license plates issued under this Code section.
(c) In calendar years 1988 through 1989, any motor vehicle owner who is a resident of Georgia, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles and upon the payment of a $25.00 manufacturing fee in addition to the regu lar motor vehicle registration fee, shall be issued such a special license plate. Special license plates issued on or after January 1, 1988, under this Code section shall be used until the expiration of other seven-year license plates issued on or after January 1, 1983, as provided in Code Section 40-2-29.
(d) Special license plates issued under this Code section shall be renewed annually with a revalidation decal as provided in Code Section 40-2-29. Special license plates issued under this Code section may be transferred between vehicles as provided in Code Section 40-2-76. Special license plates issued under this Code section shall expire and shall not be renewed or revalidated after December 31, 1989.' "
On the adoption of the amendment, the yeas were 45, nays 0, and the amendment was adopted.
Senators Tate of the 38th and Hine of the 52nd offered the following amendment:
Amend HB 873 by adding following "College;" on line 5 of page 1 the following:
"to provide for certain renewal or revalidation;".
By inserting between lines 14 and 15 of page 2 the following:
"Section 1A. Said article is further amended by adding a new Code Section 40-2-29.01, to read as follows:
'40-2-29.01. Notwithstanding any other provision of this article to the contrary, in the event that the renewal or revalidation of any special license plate issued pursuant to any provision of this article is authorized for any time period on or after December 31, 1989, then all special plates issued pursuant to this article shall also be eligible for such renewal or revalidation upon request of the college, university, or institution commemorated by such special license plate.' "
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.

1948

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 BB,,BnBrrruoayrnutaonnnnot. oncf 4.I/6..LthI. Coleman
Coverdell Crumbley Dean Echols Edge English

Engram Fincher Foster Garner Gillis Harris HiHuHHi-ouianrwgergiasirnodjsn Kennedy
Kidd Land Langford McGill McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan j^ay 0ocS0Schc, oout,ttm,ttt aook,ffcfe23oQCn6_d,ti,h Stumbaugh
Tate Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Brown of 47th (excused) Deal

Dawkins

Hudgins

Starr

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 741. By Representatives Coleman of the 118th, Hanner of the 131st, Ramsey of the 3rd and Jackson of the 83rd:
A bill to amend Part 1 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, known as the "Jekyll Island-State Park Authority Act", so as to provide that prosecutions for violations of ordinances of the Jekyll IslandState Park Authority shall be upon citation or upon accusation.
Senate Sponsor: Senator Echols of the 6th.

The Senate Committee on Public Safety offered the following substitute to HB 741:

A BILL
To be entitled an Act to amend Part 1 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, known as the "Jekyll Island-State Park Authority Act," so as to provide that prosecutions for violations of ordinances of the Jekyll Island-State Park Authority shall be upon citation or upon accusation; to provide that the prosecution, trial, and punishment for violations of such ordinances shall be governed by certain provi sions of Article 4 of Chapter 10 of Title 15; to provide that the several courts of Glynn County shall have jurisdiction to hear, try, and review cases involving violations of such ordinances; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 1 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, known as the "Jekyll Island-State Park Authority Act," is amended by striking in its entirety Code Section 12-3-236.1, relating to the adoption and enforcement of ordi-

TUESDAY, MARCH 10, 1987

1949

nances and resolutions, and inserting in lieu thereof a new Code Section 12-3-236.1 to read as follows:
"12-3-236.1. (a) The authority shall have legislative power to adopt reasonable ordi nances and resolutions relating to the property, affairs, and government of Jekyll Island, including, without limitation, ordinances and resolutions adopting by reference any or all of the provisions of Chapter 6 of Title 40 in accordance with Code Section 40-6-372, for which no provision has been made by general law and which are not inconsistent with the general laws and Constitution of Georgia. Such ordinances and resolutions shall be enforced by the authority and members of the Uniform Division of the Department of Public Safety. Mem bers of the Uniform Division of the Department of Public Safety are authorized to serve and execute warrants and to make arrests for violation of such ordinances and resolutions and shall, upon and within the limits of Jekyll Island, have the same authority, powers, and privileges regarding enforcement of law as the several sheriffs of this state, which authority, powers, and privileges shall be in addition to and not in limitation of all other powers of members of the Uniform Division of the Department of Public Safety as provided by law. Prosecutions for violations of the ordinances of the authority shall be upon citation or upon accusation as provided in Code Sections 15-10-62 and 15-10-63. The authority may provide that ordinance violations may be tried upon citations with or without a prosecuting attorney as well as upon accusations in the manner prescribed in Code Section 15-10-63.
(b) For purposes of this Code section, the Magistrate Court of Glynn County shall have jurisdiction and authority to hear and try those cases occurring within the limits of Jekyll Island in which a person is charged with violating an ordinance of the authority and to punish violations of such ordinances, all in the manner and to the extent prescribed in Arti cle 4 of Chapter 10 of Title 15. The State Court of Glynn County shall have jurisdiction and authority to hear and try all cases removed from the Magistrate Court of Glynn County for jury trial by any defendant charged with one or more violations of the ordinances of the authority. The Superior Court of Glynn County shall have jurisdiction to review all convic tions by certiorari to the superior court. The jurisdiction and authority of the courts of Glynn County provided for in this Code section shall be in addition to and not in limitation of the jurisdiction and authority of such courts as may be now or hereafter provided."
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 48, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bowen Brannon Broun of 46th 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

1950

JOURNAL OF THE SENATE

McGill McKenzie Newbill OPelmevsytead
Perry
Phillips

Ragan Ray Scott of 2nd SShcoutmt aokfe36th
Starr
Stumbaugh

Tate Timmons Tolleson _T,urner
Tysinger
Walker

Not voting were Senators Allgood and Brown of the 47th (excused).

On the passage of the bill, the yeas were 53, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following bill of the Senate was taken up for the purpose of considering the House action thereon:

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.

Senator Kidd of the 25th moved that the Senate adhere to its disagreement to the House substitute to SB 27 and that a Conference Committee be appointed.

On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House substitute to SB 27.

The President appointed as a Conference Committee on the part of the Senate the following:

Senators Kidd of the 25th, Hudgins of the 15th and Walker of the 43rd.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 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.
Senate Sponsors: Senators Coleman of the 1st and Allgood of the 22nd.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin

Barker Barnes Brannon

Broun of 46th Bryant Burton

TUESDAY, MARCH 10, 1987

1951

Coleman Coverdell Crumbley Deal Dean Echols Edge English Engram Fincher Foster 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 Starr Stumbaugh Tolleson Turner Tysinger Walker

Those not voting were Senators:

Bowen Brown of 47th (excused) Dawkins

Garner McKenzie

Tate Timmons

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following general bill of the House, having been read the third time on March 4 and postponed until March 5, was put upon its passage:

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.
Senate Sponsors: Senators Kidd of the 25th and Barnes of the 33rd.

Senator Allgood of the 22nd offered the following amendment:

Amend HB 613 by adding on page 2, after line 9, a new paragraph "C" as follows:
"The foregoing provisions shall not apply unless the beneficiary or named insured has rejected in writing full coverage with an appropriate additional premium to be paid by the beneficiary or named insured."

On the adoption of the amendment, the yeas were 44, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Baldwin Barnes Broun of 46th Coleman

Coverdell Crumbley Dawkins Deal

Dean Echols Edge Garner

1952

JOURNAL OF THE SENATE

Harris
Harrison Hine Hudgins
Kennedy

Kidd
Land McKenzie Olmstead
Ray

Scott of 2nd Starr
Tolleson Turner

Those voting in the negative were Senators:

Albert Allgood Barker Brannon BBruyrtaonnt
English Engram
Fincher

Foster Gillis Howard ""^i"8 , LMacnGgiflol rd
Newbill Peevy
Perry

Phillips Ragan gcott of 36th Shumake S0 t, umb, augh,
Tate Tysinger
Walker

Those not voting were Senators:

Bowen

Brown of 47th (excused)

Timmons

On the passage of the bill, the yeas were 26, nays 26.

The bill, having failed to receive the requisite constitutional majority, was lost.

Senator Barnes of the 33rd gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating HB 613.

The President stated that, as provided for in Senate Rule 94, he would set the time to entertain the motion to reconsider for 6:05 o'clock P.M. today. The Senate stood at ease until 6:05 o'clock P.M.

Time having arrived for the entertainment of the reconsideration motion, Senator Barnes of the 33rd moved that the Senate reconsider its action in defeating 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.

On the motion, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Baldwin Barnes Burton Coverdell Crumbley Dawkins Deal
Dean

Edge Engram Garner Harris Harrison Hine Hudgins
Kidd

Land McKenzie Olmstead Phillips Ragan Ray Starr
Tolleson

TUESDAY, MARCH 10, 1987

1953

Those voting in the negative were Senators:

Albert Allgood Barker Brannon Bryant Coleman Echols English Fincher

Foster Gillis Howard Huggins Kennedy Langford McGill Newbill Peevy

Perry Scott of 2nd Scott of 36th Shumake Stumbaugh Tate Turner Tysinger Walker

Those not voting were Senators:

Bowen Broun of 46th

Brown of 47th (excused)

Timmons

On the motion, the yeas were 24, nays 27; the motion was lost, and HB 613 was not reconsidered.

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 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 disagreed to the Senate amendment to the following bill of the House:

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.

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 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.

The Speaker has appointed on the part of the House, Representatives Robinson of the 96th, Waldrep of the 80th and Pettit of the 19th.

1954

JOURNAL OF THE SENATE

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 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.
The Speaker has appointed on the part of the House, Representatives Simpson of the 70th, Waldrep of the 80th and Pettit of the 19th.
The House insists on its position in amending the following bill of the Senate:
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.
The House insists on its position in disagreeing to the Senate amendment, to the House substitute, and has appointed a Committee of Conference on the part of the House to confer with a like committee on the part of the Senate on the following bill of the Senate:
SB 159. By Senators Scott of the 2nd, Albert of the 23rd and Langford of the 35th:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to establish the State Children's Trust Fund and the State Children's Trust Fund Commission; to provide a short title; to define cer tain terms; to provide for the membership of the State Children's Trust Fund Commission and its powers and compensation.
The Speaker has appointed on the part of the House, Representatives Pannell of the 122nd, Bostick of the 58th and Thompson of the 20th.
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 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 Speaker has appointed on the part of the House, Representatives Herbert of the 76th, Kilgore of the 42nd and Crosby of the 150th.

TUESDAY, MARCH 10, 1987

1955

The House has disagreed to the Senate amendments to the following bills of the House:
HB 541. By Representative Athon of the 57th:
A bill to amend Article 6 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to anatomical gifts, so as to provide that a bank or storage facility must be licensed, accredited, or approved under the laws of this state; to provide that a hospital shall maintain a written cooperative agreement with at least one bank or storage facility for the purpose of procuring anatomical gifts.
HB 905. By Representatives Mangum of the 57th and Athon of the 57th:
A bill to amend Article 4 of Chapter 4 of Title 20 of the Official Code of Georgia Annotated, known as the "Georgia Proprietary School Act", so as to provide for certificates of authorization for proprietary schools in lieu of certificates of approval.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate:
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 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.
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.
SB 256. By Senators Coleman of the 1st, Holloway of the 12th and McKenzie of the 14th:
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 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

1956

JOURNAL OF THE SENATE

Senate bill and has instructed me to report the same back to the Senate as correct and ready for transmission to the Governor:
SB 123.
Respectfully submitted, /s/ Ed Barker, Chairman
Senator, District 18
Senator Allgood moved that the Senate stand in recess until 10:00 o'clock P.M. at which time the Senate would stand adjourned pursuant to SR 223, adopted previously, until 9:30 o'clock A.M. on Thursday, March 12, and the motion prevailed.
At 6:10 o'clock P.M., the President announced that the Senate would stand in recess until 10:00 o'clock P.M. at which time the Senate would stand adjourned pursuant to SR 223, adopted previously, until 9:30 o'clock A.M. on Thursday, March 12.

THURSDAY, MARCH 12, 1987

1957

Senate Chamber, Atlanta, Georgia Thursday, March 12, 1987 Fortieth Legislative Day

The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called to order by the President.
Senator Barker of the 18th reported that the Journal of the proceedings of Tuesday, March 10, 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 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 pro vide 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.
SB 386. By Senators Coleman of the 1st, Scott of the 2nd and Bryant of the 3rd:
A bill to amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah, as amended, 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 "Redevelopment Powers Law," Chapter 44 of Title 36 of the Official Code of Georgia Annotated, as now or hereafter amended.
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 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.

1958

JOURNAL OF THE SENATE

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 House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate:
SB 179. By Senators Barnes of the 33rd, Dean of the 31st, McKenzie of the 14th and others:
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.
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 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 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 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.
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.

THURSDAY, MARCH 12, 1987

1959

The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate:
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 House has agreed to the Senate substitutes to the following bills of the House:
HB 1099. By Representative Bannister of the 62nd: A bill to amend an Act authorizing Gwinnett County and the governing authority thereof to appoint a Merit System Board, so as to provide that constitutional county officers shall have the authority under certain conditions to select, em ploy, and discharge certain personnel.
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.
The House has agreed to the Senate amendments to the following bills of the House:
HB 1125. By Representatives Childers of the 15th, McKelvey of the 15th and Smith of the 16th: A bill to amend an Act establishing the compensation and allowances for the clerk of the Superior Court of Floyd County and the judge of the Probate Court of Floyd County, so as to authorize the Board of Commissioners of Floyd County to supplement the compensation of such officers.
HB 1124. By Representatives Childers of the 15th, McKelvey of the 15th and Smith of the 16th: A bill to amend an Act abolishing the offices of tax receiver and tax collector of Floyd County and creating in their place the office of tax commissioner of Floyd County, so as to authorize the Board of Commissioners of Floyd County to sup plement the compensation of that tax commissioner.
HB 1113. By Representatives Dover of the llth and Jamieson of the llth: A bill to amend an Act creating a board of commissioners of White County, so as to recreate the board of commissioners of White County to consist of a chairman and two other members.
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 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.

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The Speaker has appointed on the part of the House, Representatives Richardson of the 52nd, Childers of the 15th and McKinney of the 35th.

The following report of a standing committee was read by the Secretary:

Mr. President:

The Committee on Urban and County Affairs has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 732. Do pass by substitute.

HB 1132. Do pass.

HB 961. Do pass by substitute.

HB 1135. Do pass.

HB 984. Do pass.

HB 1143. Do pass by substitute.

HB 1076. 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 Brannon Broun of 46th Bryant Burton Crumbley Dawkins Deal Dean Echols

Edge English Fincher Foster Garner Gillis Harris Harrison Huggins Kennedy Land McGill Newbill Olmstead

Peevy Perry Phillips Ragan Scott of 2nd Scott of 36th Shumake Starr Timmons Tolleson Turner Tysinger Walker

Those not answering were Senators:

Barnes Brown of 47th (excused) Coleman Coverdell Engram

Hine Howard Hudgins Kidd Langford

McKenzie Ray Stumbaugh Tate

Senator Dawkins of the 45th introduced the chaplain of the day, Reverend Albert Myers, pastor of Conyers Presbyterian Church, Conyers, Georgia, who offered scripture reading and prayer.

Senator Hine of the 52nd moved that he be excused from serving as a conferee on the Conference Committee on the following bill 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-

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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.

On the motion, the yeas were 34, nays 2; the motion prevailed, and Senator Hine of the 52nd was excused from serving as a conferee on the Conference Committee on HB 185.

The President appointed Senator Hudgins of the 15th as a replacement for Senator Hine of the 52nd on the Conference Committee on HB 185.

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, March 12, 1987
FORTIETH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.)

*HB 732 Peevy, 48th City of Duluth Gwinnett County
Amends Act creating new charter for city; provides new charter for city. (SUBSTITUTE)

*HB 961

Allgood, 22nd Albert, 23rd Richmond County
Amends Act establishing compensation of certain officials in county; changes compensation of those officials. (SUBSTITUTE)

HB 984 Barnes, 33rd City of Austell Cobb County
Amends Act creating new charter for city; changes corporate limits of city.

HB 1076 Coleman, 1st Scott, 2nd Bryant, 3rd Chatham County
Amends Act completely revising laws relative to governing authority of county and provides for a Board of Commissioners as governing authority of county; changes provision relative to agenda for meetings of board.

HB 1132 Engram, 34th City of Peachtree City Fayette County
Repeals Act creating Peachtree City Water, Sewerage, and Recreation Au thority; creates new Peachtree City Water and Sewerage Authority.

HB 1135 Gillis, 20th Toombs County
Provides for election of members of Board of Education.

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*HB 1143

Tolleson, 32nd Barnes, 33rd Harrison, 37th Newbill, 56th City of Marietta Cobb County
Amends Act re-incorporating city; de-annexes and excludes certain property from corporate limits of city. (SUBSTITUTE)

The substitutes to the following bills were put upon their adoption:

*HB 732:

The Senate Committee on Urban and County Affairs offered the following substitute to HB 732:

A BILL
To be entitled an Act to amend an Act creating a new charter for the City of Duluth, approved March 25, 1958 (Ga. L. 1958, p. 3148), as amended, so as to provide a new charter for the City of Duluth; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances and codes; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, a city treasurer, and other per sonnel; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for taxation and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for accounting and budgeting; to provide for purchases; to provide for the sale of property; to provide for bonds for officials; to provide for eminent domain; to provide for penalties; to provide for definitions and construction; to provide for other mat ters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating a new charter for the City of Duluth, approved March 25, 1958 (Ga. L. 1958, p. 3148), as amended, is amended by striking Sections 1 through 43 in their entirety and inserting in lieu thereof the following:
"ARTICLE I
INCORPORATION AND POWERS
Section 1.10. Incorporation. This city and the inhabitants thereof are constituted and declared a body politic and corporate under the name and style City of Duluth, Georgia, and by that name shall have perpetual succession.
Section 1.11. Corporate boundaries, (a) The boundaries of this city shall be those ex isting on the effective date of the adoption of this charter with the addition of the area described in Exhibit 'A,' which is attached hereto and incorporated herein by reference. Upon the adoption of this charter, the boundaries of this city shall include all of the area within the corporate boundaries of this city on the effective date of this charter and all of the additional areas described on Exhibit 'A' attached hereto and incorporated herein by reference. Alterations of the boundaries of this city may be made from time to time in a manner provided by law. The boundaries of this city at all times shall be shown on a map to be retained permanently in the office of the city clerk and to be designated: 'Official Map of the Corporate Limits of the City of Duluth, Georgia.' Photographic, typed, or other copies of

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such map certified by the city clerk shall be admitted as evidence in all courts and shall have the same force and effect as with the original map.
(b) The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace.
Section 1.12. Powers and construction, (a) This city shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. This city shall have all the powers of self-government not otherwise prohibited by this charter or by general law.
(b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city.
Section 1.13. Examples of powers.
(1) Air and water pollution. To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corpo rate limits of the city;
(2) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punish ment for violation of ordinances enacted under this paragraph;
(3) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of this city;
(4) Building regulations. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air-conditioning codes; and to regulate all housing and building trades;
(5) Business regulation and taxation. To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades, and professions; to license and regulate the same; to provide for the manner and method of payment of such licenses and taxes; and to revoke such licenses after due process for the failure to pay any city taxes or fees;
(6) Condemnation. To condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the gov erning authority, utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other laws as are or may hereafter be enacted;
(7) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations;
(8) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists inside or outside the city and to make and carry out all reasona ble provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city;
(9) Fire regulations. To fix and establish fire limits and from time to time extend, en large, or restrict the same; to prescribe fire safety regulations, not inconsistent with general law relating to both fire prevention and detection and to fire fighting; and to prescribe pen alties and punishment for violations thereof;
(10) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be neces sary in the operation of the city from all individuals, firms, and corporations residing in or doing business within the city and benefiting from such services; to enforce the payment of

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such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges;
(11) General health, safety, and welfare. To define, regulate, and prohibit any act, prac tice, conduct, or use of property which is detrimental to the health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards;
(12) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to the powers and duties of the city and the general welfare of its citizens on such terms and conditions as the donor or grantor may impose;
(13) Health and sanitation. To prescribe standards of health and sanitation and to pro vide for the enforcement of such standards;
(14) Jail sentences. To provide that persons given jail sentences in the city's court may work out such sentences in any public works or on the streets, roads, drains, and squares of the city; to provide for the commitment of such persons to any jail; or to provide for the commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials;
(15) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking, upon or across the streets, roads, alleys, and walkways of the city;
(16) Municipal agencies and delegation of power. To create, alter, or abolish depart ments, boards, offices, commissions, and agencies of the city and to confer upon such agen cies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same;
(17) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia;
(18) Municipal property ownership. To acquire, dispose of, and hold in trust or other wise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city;
(19) Municipal property protection. To provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof;
(20) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including, but not limited to, a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regula tions, and penalties therefor; and to provide for the withdrawal of service for refusal or failure to pay the same;
(21) Nuisances. To define a nuisance and provide for its abatement whether on public or private property;
(22) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia;
(23) Planning and zoning. To provide comprehensive city planning for development by zoning and to provide subdivision regulation and the like as the city council deems neces sary and reasonable to ensure a safe, healthy, and esthetically pleasing community;
(24) Police and fire protection. To exercise the power of arrest through duly appointed police officers and to establish, operate, or contract for a police or fire-fighting agency;
(25) Public hazards; removal. To provide for the destruction and removal of any build ing or other structure which is or may become dangerous or detrimental to the public;

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(26) Public improvements. To provide for the acquisition, construction, building, opera tion, and maintenance of public ways, parks and playgrounds, recreational facilities, ceme teries, markets and market houses, public buildings, libraries, public housing, airports, hos pitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agen cies, and facilities; to provide for any other public improvements inside or outside the corpo rate limits of the city; to regulate the use of public improvements; and, for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted;
(27) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances;
(28) Public transportation. To organize and operate such public transportation systems as are deemed beneficial;
(29) Public utilities and services. To grant franchises or make contracts for public utili ties and public services and to prescribe the rates, fares, regulations, and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission;
(30) Regulation of roadside areas. To prohibit or regulate and control the erection, re moval, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads or within view thereof, inside or abutting the corporate limits of the city and to prescribe pen alties and punishment for violation of such ordinances;
(31) Retirement. To provide and maintain a retirement plan for officers and employees of the city;
(32) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise im prove, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; and to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so;
(33) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system; to levy on those to whom sewers and sewerage systems are made avail able a sewer service fee, charge, or tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charge and for enforcing payment of the same; and to charge, impose, and collect a sewer connection fee or fees to those connected with the system;
(34) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and provide for the sale of such items;
(35) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of intoxicating liquors, and the use and sale of firearms; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the con duct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind by taxation or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors;

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(36) Special assessments. To levy and provide for the collection of special assessments to cover the costs of any public improvements;
(37) Ad valorem taxes. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation;
(38) Other taxes. To levy and collect such other taxes as may be allowed now or in the future by law;
(39) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles;
(40) Urban redevelopment. To organize and operate an urban redevelopment program; and
(41) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, secur ity, good order, comfort, convenience, or general welfare of the city and its inhabitants; to exercise all implied powers necessary to carry into execution all powers granted in this char ter as fully and completely as if such powers were fully stated in this charter; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.
Section 1.14. Exercise of powers. All powers, functions, rights, privileges, and immuni ties of the city, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia.
ARTICLE II
GOVERNMENT STRUCTURE
Section 2.10. City council creation; number; election. The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and five councilmembers. The mayor and councilmembers shall be elected in the manner provided by this charter.
Section 2.11. City council terms and qualifications for office. The members of this city council shall serve for terms of two years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmember unless he shall have been a resident of the city for a period of one year preceding the date of the election of the mayor or members of the city council and must be a qualified voter in municipal elec tions for officers of said city; and the mayor or councilmember shall continue to reside therein during his period of service and to be registered and qualified to vote in municipal elections of this city.
Section 2.12. Vacancies; filling of vacancies, (a) The office of mayor or councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia.
(b) A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term, if any, as provided for in this charter.
Section 2.13. Compensation and expenses. The mayor and councilmembers shall receive compensation and expenses for their services as provided by ordinance.
Section 2.14. Holding other office; voting when personally interested, (a) Except as au-

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thorized by law, the mayor or any councilmember shall not hold any other city office or city employment during the term for which he was elected.
(b) Neither the mayor nor any member of the city council shall vote upon, sign, or veto any ordinance, resolution, contract, or other matter in which he is personally interested.
Section 2.15. Inquiries and investigations. The city council may make inquiries and in vestigations into the affairs of the city and the conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the city council shall be punished as provided by ordinance.
Section 2.16. General power and authority of the city council. Except as otherwise pro vided by this charter, the city council shall be vested with all the powers of government of this city as provided by Article I of this charter.
Section 2.17. Eminent domain. The city council is empowered to acquire, construct, operate, and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports, hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities, and any other public improvements inside or outside the city, and to regulate the use thereof and, for such purposes, property may be condemned under procedures established under general law applicable now or as provided in the future.
Section 2.18. Organizational meetings. The city council shall hold an organizational meeting on the second Monday in January. The meeting shall be called to order by the city clerk and the oath of the office shall be administered to the newly elected members as follows:
'I do solemnly (swear) (affirm) that I will faithfully perform the duties of (mayor) (councilmember) of this city and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America.'
Section 2.19. Regular and special meetings, (a) The city council shall hold regular meet ings at such times and places as prescribed by ordinance. The council may recess any regu lar meeting and continue such meetings on any date or hour it may fix and may transact any business at such continued meeting as may be transacted at any regular meeting.
(b) The mayor and city council may hold special meetings and may transact business therein in accordance with the law.
(c) All meetings of the city council may be public in accordance with applicable law.
Section 2.20. Rules of procedure, (a) The city council shall adopt rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of its proceedings which shall be a public record.
(b) All committees and committee chairmen and officers of the city council shall be appointed by the mayor and shall serve at the pleasure of the mayor. The mayor shall have the power to appoint new members to any committee at any time.
Section 2.21. Quorum; voting. The mayor, or mayor pro tempore, and three councilmembers shall constitute a quorum and shall be authorized to transact the business of the city council. Voting on the adoption of ordinances may be by voice vote and the vote shall be recorded in the journal, but any member of the city council shall have the right to request a roll-call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of the majority of the members present shall be required for the adoption of any ordinance, resolution, or motion.
Section 2.22. Action requiring an ordinance. Acts of the city council which have the force and effect of law shall be enacted by ordinance.

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Section 2.23. Ordinance forms; procedures, (a) Every proposed ordinance shall be intro duced in writing and in the form required for final adoption. The enacting clause shall be 'The Council of the City of Duluth hereby ordains. . . .'
(b) An ordinance may be introduced by any councilmember and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish.
Section 2.24. Codes of technical regulations. The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally.
Section 2.25. Signing; authentication; recording; codification; printing. The clerk shall authenticate by his signature and shall record in full in a properly indexed book kept for that purpose all ordinances adopted by the council.
(b) The city shall provide for the preparation of a general codification of all the ordi nances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly together with all amendments thereto and such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known as and cited officially as 'The Code of the City of Duluth, Georgia.' Copies of the code shall be furnished to all of ficers, departments, and agencies of the city and shall be made available for purchase by the public at a reasonable price as fixed by the city council.
(c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amend ments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The city council shall make such further arrangements as are deemed desirable with reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code.
Section 2.26. Election of mayor; forfeiture; compensation. The mayor shall be elected for and shall serve for a term of two years and until his successor is elected and qualified. The mayor shall be a qualified elector of this city and shall have been a resident of the city for one year immediately preceding his election. The mayor shall continue to reside in this city during the period of his service. The mayor shall forfeit his office on the same grounds and under the same procedure as for councilmembers. The compensation of the mayor shall be established in the same manner as for councilmembers.
Section 2.27. Mayor pro tempore. By a majority vote, at the first regular meeting of the mayor and council in each year, they shall elect a councilmember to serve as the mayor pro tempore. The mayor pro tempore shall assume the duties and powers of the mayor during the mayor's disability or absence. If the mayor pro tempore is absent because of sickness or disqualification, any one of the remaining councilmembers, chosen by the members present, shall be clothed with all the rights and privileges of the mayor and shall perform the mayor's duties.
Section 2.28. Powers and duties of mayor. The mayor shall:
(1) Preside at all meetings of the city council;
(2) Be the head of the city for the purpose of service of process and for ceremonial purposes and be the official spokesman for the city and the chief advocate of policy;
(3) Have the power to administer oaths and to take affidavits;
(4) Sign as a matter of course on behalf of the city all written and approved contracts,

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ordinances, and other instruments executed by the city which by law are required to be in writing;
(5) Vote only in case of a tie or in case only one vote is needed to pass any motion, resolution, ordinance, or other question before the council, the mayor, or mayor pro tempore, if presiding, may vote and the mayor may be counted toward a quorum as any other councilmember; and
(6) Fulfill such other executive and administrative duties as the city council shall by ordinance establish.
ARTICLE III
ADMINISTRATIVE AFFAIRS
Section 3.10. Administrative and service departments, (a) Except as otherwise provided in this charter, the city council by ordinance shall prescribe the functions or duties and establish, abolish, or alter all nonelective offices, positions of employment, departments, and agencies of the city as necessary for the proper administration of the affairs and government of this city.
(b) Except as otherwise provided by this charter or by law, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respec tive administrative and professional qualifications.
(c) All appointed officers and directors of departments shall receive such compensation as prescribed by ordinance.
(d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the mayor, be respon sible for the administration and direction of the affairs and operations of his department or agency.
Section 3.11. Boards, commissions, and authorities, (a) The city council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judi cial, or quasi-legislative function the city council deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof.
(b) All members of boards, commissions, and authorities of the city shall be appointed by the city council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appoint ment is prescribed by this charter or by law.
(c) The city council, by ordinance, may provide for the compensation and reimburse ment for actual and necessary expenses of the members of any board, commission, or authority.
(d) Except as otherwise provided by charter, ordinance, or by other law, no member of any board, commission, or authority shall hold any elective office in the city.
(e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed for the original appointment, except as otherwise provided by this charter or by law.
(f) No member of a board, commission, or authority shall assume office until he has executed and filed with the clerk of the city an oath obligating such member to perform faithfully and impartially the duties of his office, such oath to be prescribed by ordinance and administered by the mayor.
(g) Any member of a board, commission, or authority may be removed from office for cause by a vote of the city council.
(h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chairman and one member as vicechairman, and may elect as its secretary one of its own members or may appoint as secre-

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tary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, ordi nances of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the city.
Section 3.12. City attorney. The mayor and city council shall appoint a city attorney, together with such assistant city attorneys as may be authorized, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party, may be the prosecuting officer in the municipal court, shall attend the meetings of the council as directed, shall advise the city council, mayor, and other officers or employ ees of the city concerning legal aspects of the city's affairs, and shall perform such other duties as may be required of him by virtue of his position as city attorney.
Section 3.13. City clerk. The mayor and council shall appoint a city clerk who shall not be a councilmember. The city clerk shall be custodian of the official city seal, maintain the city council records required by this charter, and perform such other duties as may be re quired by the city council.
Section 8.14. City treasurer. The mayor and council may designate the city clerk or some other person as city treasurer and may designate a certain bank as city depository. The city treasurer shall be responsible for the general duties of a fiscal officer and such other duties as may be provided by ordinance.
ARTICLE IV
MUNICIPAL COURT
Section 4.10. Creation; name. There shall be a court to be known as the Municipal Court of the City of Duluth.
Section 4.11. Chief judge, (a) The municipal court shall be presided over by a chief judge and such part-time, full-time, or stand-by judges as shall be provided by ordinance. The method of selection and terms of such judges shall be provided by ordinance.
(b) No person shall be qualified or eligible to serve as a judge on the municipal court unless he shall have attained the age of 21 years and shall be a member of the State Bar of Georgia. Any and all judges shall be appointed by the city council.
(c) Compensation of the judges shall be fixed by ordinance.
(d) Judges may be removed for cause by a vote of the city council.
(e) Before assuming office, each judge shall take an oath, given by the mayor, that he will honestly and faithfully discharge the duties of his office to the best of his ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 2.20 of this charter.
Section 4.12. Convening. The municipal court shall be convened at regular intervals as provided by ordinance.
Section 4.13. Jurisdiction; powers, (a) The municipal court shall try and punish viola tions of this charter, all city ordinances, and such other violations as provided by law.
(b) The municipal court shall have authority to punish those in its presence for con tempt. Such punishment shall not exceed $200.00 or 15 days of imprisonment and labor on the public works of the city, or by both such fine and imprisonment.
(c) The municipal court may fix punishment for offenses within its jurisdiction not ex ceeding a fine of $1,000.00 or imprisonment and labor on the public works of the city for one year or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law.
(d) The municipal court shall have authority to establish a schedule of fees to defray

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the cost of operation and shall be entitled to reimbursement of the cost of meals, transpor tation, and caretaking of prisoners bound over to superior courts for violations of state law.
(e) The municipal court shall have authority to establish bail and recognizances to en sure the presence of those charged with violations before said court and shall have discre tionary authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. Whenever any person shall give bail for his appearance and shall fail to appear at the time fixed for trial, his bond shall be forfeited by the judge presid ing at such time and an execution shall be issued thereon by serving the defendant and his sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the city or the property so deposited shall have a lien against it for the value forfeited, which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes.
(f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary.
(g) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law.
(h) Each judge of the municipal court may be authorized to issue warrants for the ar rest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue war rants for offenses against state laws committed within the city.
(i) The municipal court is specifically vested with all the jurisdiction and powers throughout the geographic area of this city granted by law to municipal courts and particu larly by such laws as authorize the abatement of nuisances and prosecution of traffic violations.
Section 4.14. Certiorari. The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Gwinnett County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.
Section 4.15. Rules for court. With the approval of the city council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the city council may adopt in part or in toto the rules and regulations applicable to superior courts. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings.
ARTICLE V
ELECTIONS AND REMOVAL
Section 5.10. Applicability of general law. All primaries and elections shall be held and conducted in accordance with Chapter 3 of Title 21 of the O.C.G.A., the 'Georgia Municipal Election Code,' as now or hereafter amended.
Section 5.11. Election of the city council and mayor, (a) There shall be a municipal general election annually on the first Saturday in December.
(b) On the first Saturday in December, 1987, there shall be elected a mayor and two councilmembers, whose terms of office shall be for two years, beginning on the first Monday in January, 1988, and each of said officers shall hold office until his successor is elected and qualified. And on the first Saturday in December every two years thereafter, there shall be

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elected a mayor and two councilmembers, whose terms of office shall be for two years and until their successors are elected and qualified, who shall take office on the first Monday in January next following their election. There shall be elected three councilmembers on the first Saturday in December, 1988, whose terms of office shall be for two years, beginning on the first Monday in January, 1989, and each of said councilmembers shall hold office until that member's successor is elected and qualified; and on the first Saturday in December every two years thereafter, there shall be elected three councilmembers, whose terms of of fice shall be two years and until their successors are elected and qualified, who shall take office on the first Monday in January next following their election.
Section 5.12. Nonpartisan elections. Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party designations.
Section 5.13. Election by majority. The person receiving a majority of the votes cast for any city office shall be elected.
Section 5.14. Special elections; interim appointments; vacancies. In the event that the office of mayor or councilmember shall become vacant for any cause whatsoever, the city council or those remaining shall appoint a successor who shall serve until the next regularly scheduled election. Should the office which became vacant not be scheduled for election at the next regularly scheduled election, then the city council shall order a special election at the time of the regularly scheduled election to fill the balance of the unexpired term of the vacant position. The special election to fill the unexpired term shall be held and conducted in accordance with Chapter 3 of Title 21 of the O.C.G.A., the 'Georgia Municipal Election Code,' as now or hereafter amended.
Section 5.15. Other provisions. Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under Chapter 3 of Title 21 of the O.C.G.A., the 'Georgia Municipal Election Code.'
Section 5.16. Removal of officers, (a) The mayor or councilmembers may be removed from office for any one or more of the following causes:
(1) Incompetence, misfeasance, or malfeasance in office;
(2) Conviction of a crime involving moral turpitude;
(3) Failure at any time to possess any of the qualifications of office as provided by this charter or by law;
(4) Knowingly violating any express prohibition of this charter;
(5) Abandonment of office or neglect to perform the duties thereof; or
(6) Failure for any other cause to perform the duties of office as required by this charter or by state law.
(b) Removal of an officer pursuant to subsection (a) of this section shall be accom plished by one of the following methods:
(1) By the vote of four councilmembers after an investigative hearing. In the event an elected officer is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. Any elected officer sought to be removed from office as provided in this section shall have the right of appeal from the decision of the city council to the Superior Court of Gwinnett County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court; or
(2) By an order of the Superior Court of Gwinnett County following a hearing on a complaint seeking such removal brought by any resident of the City of Duluth.

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ARTICLE VI
FINANCE
Section 6.10. Property tax. The city council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the city that is subject to such taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the city government, of providing governmental services, for the repayment of principal and interest on general obligations, and for any other public purpose as determined by the city council in its discretion.
Section 6.11. Millage rate; due dates; payment methods. The city council by ordinance shall establish a millage rate for the city property tax, a due date, and the time period within which these taxes must be paid. The city council by ordinance may provide for the payment of these taxes by installments or in one lump sum, as well as authorize the volun tary payment of taxes prior to the time when due.
Section 6.12. Occupation and business taxes. The city council by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. Such taxes may be levied on both individuals and corporations who transact business in this city or who practice or offer to practice any profession or calling within the city to the extent such persons have a constitutionally sufficient nexus to this city to be so taxed. The city council may classify businesses, occupations, professions, or callings for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.18 of this charter.
Section 6.13. Licenses; permits; fees. The city council by ordinance shall have the power to require any individual or corporation who transacts business in this city or who practices or offers to practice any profession or calling within the city to obtain a license or permit for such activity from the city and to pay a reasonable fee for such license or permit where such activities are not now regulated by general law in such a way as to preclude city regulations. Such fees may reflect the total cost to the city of regulating the activity and, if unpaid, shall be collected as provided in Section 6.18 of this charter. The city council by ordinance may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitate.
Section 6.14. Franchises. The city council shall have the power to grant franchises for the use of this city's streets and alleys for the purposes of railroads, street railways, tele phone companies, electric companies, cable television companies, gas companies, transporta tion companies, and other similar organizations. The city council shall determine the dura tion, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the city receives just and adequate compensa tion therefor. The city council shall provide for the registration of all franchises with the city clerk in a registration book kept by him. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted.
Section 6.15. Service charges. The city council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available inside or outside the corporate limits of the city for the total cost to the city of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter.
Section 6.16. Special assessments. The city council by ordinance shall have the power to assess and collect the costs of constructing, reconstructing, widening, or improving any pub lic way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter.
Section 6.17. Construction; other taxes. This city shall be empowered to levy any other tax allowed now or hereafter by law, and the specific mention of any right, power, or author-

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ity in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs.
Section 6.18. Collection of delinquent taxes and fees. The city council by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 of this charter by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due, late penalties or interest, issuance and execution of fi. fas., creation and priority of liens, making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed, revoking city licenses for failure to pay any city taxes or fees, and providing for the assignment or transfer of tax executions.
Section 6.19. General obligation bonds. The city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture au thorized under this charter or the laws of the state. Such bonding authority shall be exer cised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken.
Section 6.20. Revenue bonds. Revenue bonds may be issued by the city council as state law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program, or venture for which they were issued.
Section 6.21. Short-term loans. The city may obtain short-term loans and must repay such loans not later than December 31 of each year, unless otherwise provided by law.
Section 6.22. Fiscal year. The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and report ing of each and every office, department, agency, and activity of the city government.
Section 6.23. Preparation of budgets. The city council shall provide an ordinance on the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvement program, and a capital budget, including requirements as to the scope, content, and form of such budgets and programs.
Section 6.24. Submission of operating budget to city council. On or before a date fixed by the city council but not later than 60 days prior to the beginning of each fiscal year, the city clerk shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the city clerk containing a state ment of the general fiscal policies of the city, the important features of the budget, explana tions of major changes recommended for the next fiscal year, a general summary of the budget, and such other comments and information as he may deem pertinent. The operating budget and the capital improvements budget hereinafter provided for, the budget message, and all supporting documents shall be filed with the judge of the municipal court and shall be open to public inspection.
Section 6.25. Action by city council on budget, (a) The city council may amend the operating budget proposed by the city clerk, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year. The total ap propriations from any fund shall not exceed the estimated fund balance, reserves, and revenues.
(b) The city council by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than the fifteenth day of January each year. If the city council fails to adopt the budget by said date, the amounts appropriated for operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly, until such time as the city council adopts a budget for the ensu ing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.23 of this charter.

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(c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropria tions or allotments thereof to which it is chargeable.
Section 6.26. Tax levies. Following adoption of the operating budget, the city council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expense of the general government of this city.
Section 6.27. Changes in appropriations. The city council by ordinance may make changes in the appropriations contained in the current operating budget at any regular meeting or special or emergency meeting called for such purpose, but any additional appro priations may be made only from an existing unexpended surplus.
Section 6.28. Independent audit. There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally accepted accounting prin ciples. Any audit of any funds by the state or federal government may be accepted as satis fying the requirements of this charter. Copies of all audit reports shall be available at print ing costs to the public.
Section 6.29. Contracting procedures. No contract with the city shall be binding on the city unless:
(1) It is in writing; or
(2) It is made or authorized by the city council and such approval is entered in the city council journal of proceedings pursuant to Section 2.21 of this charter.
Section 6.30. Centralized purchasing. The city council may by ordinance prescribe pro cedures for a system of centralized purchasing for the city.
Section 6.31. Sale of city property, (a) The city council may sell and convey any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law.
(b) The city council may quitclaim any rights it may have in property not needed for public purposes upon request by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value.
(c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to execute and deliver in the name of the city a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way of said street, avenue, alley, or public place when such exchange is deemed to be in the best interest of the city. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, not withstanding the fact that no public sale after advertisement was or is hereafter made.
ARTICLE VII
GENERAL PROVISIONS
Section 7.10. Bonds for officials. The officers and employees of the city, both elected and appointed, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the city council may from time to time require by ordinance or as may be provided by law.

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Section 7.11. Prior ordinances. All ordinances, resolutions, rules, and regulations now in force in the city not inconsistent with this charter are declared valid and of full effect and force until amended or repealed by the city council.
Section 7.12. Pending matters. Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal or administrative proceedings shall continue and any such ongoing work or cases shall be completed by such city agencies, per sonnel, or offices as may be provided by the city council.
Section 7.13. Construction, (a) Section captions in this charter are informative only and shall not be considered as a part thereof.
(b) The word "shall" is mandatory and the word "may" is permissive.
(c) The singular shall include the plural, the masculine shall include the feminine, and vice versa.
Section 7.14. Severability. In the event any article, section, subsection, paragraph, sen tence, or part of this charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect nor impair other parts of this charter unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held to be invalid or unconstitutional, it being the legislative intent and in enacting that each article, section, subsection, paragraph, sentence, or part thereof be enacted separately and indepen dent of each other."
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.
EXHIBIT A
All that area described as follows:
Tax Parcel #7-161-25
All that tract or parcel of land lying and being in Land Lot 161 of the 7th Land District of Gwinnett County, Georgia as per a plat and survey dated October 18, 1972 prepared by Michael A. Royston & Associates containing 0.735 acres and more particularly described as follows:
Beginning at an iron pin stake at a point on the Southeast right-of-way of Lakeview Drive marked by an iron pin at the point where the Southwest right-of-way of Lakeview Drive and the Southeast right-of-way of Norman Circle intersect; thence running North 30 degrees 45 minutes East 141.00 feet to an iron pin; thence North 31 degrees 15 minutes East 60 feet to an iron pin at other property owned by Grady Palmour, and the foregoing calls and distances have run along the Southeast right-of-way of Lakeview Drive; thence South 68 degrees 52 minutes East a distance of 217.0 feet, more or less, to the water line of Nor man Lake; thence running in a Southwesterly direction along the contour and curvature of Norman Lake to an iron pin at the Northeast right-of-way of Norman Circle; thence run ning North 28 degrees 11 minutes West along the right-of-way of Norman Circle 53 feet to a pin corner and the point of beginning.
Tax Parcel #7-161-144
All that tract or parcel of land lying and being in Land Lot 161 of the 7th Land Dis trict, Gwinnett County, Georgia, and being more particularly described according to a plat of said tract prepared by Charles Russell Dean, Registered Land Surveyor, dated November 12, 1979, which plat is recorded in Plat Book 12, Page 56A, Gwinnett County Plat Records, and incorporated herein by reference thereto and is more particularly described according to said Plat as follows:
Beginning at a point at the terminus of the Northern edge of the existing right-of-way of Norman Drive as shown on said plat and run thence North 19 degrees 28 minutes 34

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seconds East 91.50 feet to a point located 10 feet more or less from the Southwestern edge of Lake Norman; run thence Southeasterly, Easterly and Northeasterly along the Southerly edge of Lake Norman (at its normal pool level) 515 feet more or less to a point; run thence South 27 degrees 40 minutes 16 seconds East 273.00 feet to a point; run thence South 62 degrees 42 minutes 02 seconds West 323.48 feet to a point; continue thence South 62 degrees 42 minutes 02 seconds West 30 feet more or less to a point in the center of a branch; run thence Northwesterly along the centerline of said branch 178 feet more or less to a point (the centerline of said branch being the property line), the course along said branch being represented by the following chord bearing and distance: commencing at the iron pin lo cated North 62 degrees 42 minutes 02 seconds East 30 feet more or less from the centerline of said branch; thence a chord bearing of North 13 degrees 35 minutes 24 seconds West and chord distance of 178.24 feet to a point located North 62 degrees 09 minutes 34 seconds West 59.77 feet more or less from the centerline of said branch; run thence South 62 degrees 09 minutes 34 seconds West 229.77 feet to an iron pin set; run thence North 20 degrees 51 minutes 26 seconds West 150.00 feet to an iron pin located on the terminus of the Southerly side of the right-of-way of existing Norman Drive; run thence North 64 degrees 51 minutes 26 seconds West 66.80 feet to a point on the terminus of the Northern side of the right-ofway of existing Norman Drive and the point or place of beginning, said tract containing 3.01 acres, more or less.
Tax Parcel #7-161-124
All that tract or parcel of land lying and being in Land Lot 161 of the 7th Land District of Gwinnett County, Georgia, and being more particularly described as follows:
Beginning at an iron pin on the Southeast right-of-way line of Norman Circle (40 foot right-of-way) located 648.5 feet Northeast as measured along said right-of-way line from its intersection with the Northeast right-of-way line of Georgia Highway Number 120 (80 foot right-of-way); run thence North 59 degrees 20 minutes East along the Southeast right-ofway of Norman Circle 217.5 feet to an iron pin; run thence South 20 degrees 15 minutes East 150 feet to an iron pin; run thence North 62 degrees 15 minutes East 150 feet to an iron pin; run thence North 68 degrees 55 minutes East 12 feet to an iron pin; run thence South 31 degrees 58 minutes East 217.1 feet to an iron pin; run thence South 32 degrees 13 minutes East 84 feet to an iron pin; thence in a Northeasterly direction 229 feet; thence Southwesterly 240 feet; thence Southwesterly 737.5 feet along the Northern boundary of Tax Parcel 7-161-15 to an iron pin; run thence North 48 degrees 12 minutes West 197.1 feet to an iron pin; run thence North 54 degrees 58 minutes East 86 feet to an iron pin; run thence North 37 degrees 34 minutes West 267.7 feet to an iron pin on the Southeast rightof-way line of Norman Circle which is the place or point of beginning.
Tax Parcel S7-161-14E
All that tract or parcel of land lying and being in Land Lot 161 of the 7th Land District of Gwinnett County, Georgia, as shown on a plat of property of Paul Murphy and Mrs. Willene D. Murphy dated February 11, 1961, by C. M. Higginbotham, Surveyor, and being more particularly described as follows:
Beginning at a point on the Southerly side of Norman Circle which point is 866 feet Easterly along the Southerly side of Norman Circle and following the curvature thereof from the intersection of the Southerly side of Norman Circle with the Easterly side of the Duluth-Lawrenceville Highway, and running thence North 62 degrees 15 minutes East along the Southerly side of Norman Circle, 150 feet to a point which is the Northwest corner of Bobby A. Jones' lot, as shown on said plat; thence South 15 degrees East along the Westerly side of said Bobby A. Jones' lot 150 feet to a point which is the Southwest corner of said Bobby A. Jones' lot; thence South 62 degrees 15 minutes West 150 feet to a point; thence North 20 degrees 15 minutes West 150 feet to an iron pin on the Southerly side of Norman Circle at the point of beginning.
Tax Parcel #7-161-14H
All that tract or parcel of land lying and being in Land Lot 161 of the 7th Land District

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of Gwinnett County, Georgia, containing 0.34 acres according to a plat of survey by C. M. Higginbotham, Surveyor, dated December 17, 1957, revised February 11, 1964, and being more particularly described as follows:
Beginning at a point located at the Southerly side of Norman Road, said point of begin ning being 1166 feet from the Southeasterly intersection of Norman Road and State High way Number 120, and running thence in a Southeasterly direction along the Southerly side of Norman Road 100 feet to a point; running thence in a Southeasterly direction 150 feet to a point; running thence in a Southwesterly direction 100 feet to a point; running thence in a Northwesterly direction 150 feet to the point of beginning.
This is the same property described in Warranty Deeds recorded in Deed Book 139, Page 103, Deed Book 198, Page 65, Deed Book 225, Page 362, Deed Book 278, Page 517, Gwinnett County Deed Records. Norman Road as referred to in the above-description is now sometimes known as Norman Circle.
Tax Parcel #7-161-14F
All that tract or parcel of land lying and being in Land Lot 161 of the 7th District of Gwinnett County, Georgia, being more particularly described as follows:
Beginning at an iron pin on the Southeasterly side of Norman Circle, 1,016 feet North easterly from Duluth-Lawrenceville Highway (also State Highway Number 120) and running thence Northeasterly along the Southeasterly side of Norman Circle 150 feet to an iron pin; running thence South 20 degrees 15 minutes East 150 feet to an iron pin; running thence South 68 degrees 55 minutes West 150 feet to an iron pin, and running thence North 20 degrees 15 minutes West 150 feet to the Southeasterly side of Norman Circle and point of beginning; being improved property as shown on survey of United Surveying & Engineering Co., dated May 31, 1967.
Tax Parcel #7-161-14B
All that tract or parcel of land lying and being in Land Lot 161, 7th Land District, (Duluth General Militia District 1263) Gwinnett County, Georgia and being more particu larly described as .736 acres on a plat of survey prepared for Grady Palmour on October 18, 1972 by Michael A. Royston and Associates, Georgia Registered Land Surveyor Number 1731. Said plat of survey is recorded in Plat Book 20, Page 174-B, Gwinnett County, Geor gia Records and is incorporated herein by reference.
Tax Parcel #7-161-13A
All that tract or parcel of land lying and being in Land Lot 161 of the 7th District of Gwinnett County, Georgia according to survey for James A. Martin dated April 26, 1972, by James G. Akins, Professional Land Surveyor #1670 and being more particularly described as follows:
Beginning at a point in the centerline of Norman Circle 866.5 feet Northeasterly as measured along the centerline of Norman Circle from the point where the centerline of Nor man Circle, if extended, intersects the centerline of Georgia Highway Number 120; running thence from the point or place of beginning so established, North 62 degrees 10 minutes East along the Northwesterly side of the right-of-way of Norman Circle, a distance of 193.0 feet to an iron pin set at the point formed by the intersection of the Northwesterly side of the right-of-way of Norman Circle with the Southwesterly side of the right-of-way of Nor man Circle; running thence North 29 degrees 56 minutes West along the Southwesterly side of the right-of-way of Norman Circle, a distance of 200.0 feet to an iron pin set; running thence South 62 degrees 10 minutes West along the Southeasterly line of other property of Odum a distance of 193.0 feet to an iron pin found; running thence South 29 degrees 56 minutes East along the Northeasterly line of other property of Odum a distance of 200.0 feet to the centerline of Norman Circle and the point or place of beginning. Said property being 0.88 acres and being improved property known as Number 2941 Norman Circle ac cording to the present system of numbering houses in Gwinnett County, Georgia.
Tax Map Parcel #6-267-16, 46

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1979

All that piece or parcel of land situate, lying and being in Land Lot 267, 6th District, Gwinnett County, Georgia, and being more particularly described as follows, to-wit:
To find the point of beginning start at the intersection of the Northwesterly right-ofway boundary of U. S. Highway Number 23 and the centerline of the A. & C. A. L. Railway Company's tract (615-2); thence South 47 degrees 43 minutes West along the said North westerly right-of-way boundary of U. S. Highway Number 23, a distance of 50 feet to an iron pipe, which is the true point of beginning; and running thence South 47 degrees 43 minutes West along said Northwesterly right-of-way boundary of U. S. Highway Number 23 a dis tance of 526.75 feet to an iron pin in the centerline of Old Berkeley Lake Road; thence South 87 degrees 55 minutes West along said centerline of Old Berkeley Lake Road, a dis tance of 188.55 feet; thence North 31 degrees 07 minutes West a distance of 250.33 feet to an iron pipe in the Southeasterly right-of-way boundary of the A. & C. A. L. Railway Com pany, that is 100 feet Southeastwardly from the centerline of the Southeasterly main track of said Railway Company; thence North 48 degrees 27 minutes East along said Southeast erly right-of-way boundary of the A. & C. A. L. Railway Company a distance of 389.30 feet to an iron pipe that is 50 feet from, as measured radially to, the centerline of said track (615-2) of the A. & C. A. L. Railway Company; thence Southeastwardly along a curve to the right (radius 391.68 feet--chord South 75 degrees 02 minutes East, 430.77 feet) an arc dis tance of 456.11 feet, more or less, to the point or place of beginning, containing 4.733 acres, more or less.
Tax Map Parcel #6-292-7
All that tract or parcel of land lying and being in Land Lots 292 and 265 of the 6th District, Gwinnett County, Georgia, being 4.44 acres, more or less, according to survey by Dorsey R. Brumbelow, and being more particularly described as follows: Beginning at a point at the intersection of the Southeasterly right-of-way of U. S. Highway Number 23 and the Easterly right-of-way of Howell Road, run thence along the Southeasterly right-of-way of U. S. Highway Number 23, 266.7 feet more or less to a point on the right-of-way of U. S. Highway Number 23 which is the point of beginning, run thence South 54 degrees 43 min utes East 192.5 feet more or less to a point, run thence South 44 degrees 57 minutes East 600.0 feet more or less to a point; run thence North 60 degrees 07 minutes East 157.0 feet more or less to a point; run thence North 35 degrees 10 minutes West 564.0 feet more or less to a point; run thence North 28 degrees 40 minutes West 388.0 feet more or less to a point on the edge of the paving of U. S. Highway Number 23, run thence Southwest along the edge of the paving of U. S. Highway Number 23, 400.0 feet more or less to a point; run thence Southeasterly 37.5 feet to the point of beginning.
Being the same property conveyed to Cecil R. Bailey by Warranty Deed recorded in Deed Book 99, Page 590, Gwinnett County, Georgia Records.
Tax Map Parcel #6-295A-7
All that tract or parcel of land lying and being in Land Lot 295 of the 6th District, Gwinnett County, Georgia and being Lot Number 1 of a subdivision of property of Dr. M. H. Mason, Jr., and being more particularly described as follows:
Beginning at the intersection of McClure Bridge Road, formerly known as Duluth-Alpharetta Road, with Whippoorwill Drive, which point is 293 feet Easterly along the DuluthAlpharetta Road from property line of the Summerour Estate; running thence South 31 degrees 10 minutes East along the center of said Whippoorwill Road 287.6 feet to a corner at Lot Number 2 of said subdivision; running thence South 58 degrees 45 minutes West along the line between Lots 1 and 2 for 287 feet to a corner on lands of the Summerour Estate; running thence North 31 degrees 15 minutes West 343.6 feet along said Summerour Estate to a corner in the center of the said Duluth-Alpharetta Road and along the center of said road in a Southeasterly direction 293 feet to the point of beginning.
Tax Map Parcel #6-292-17
All that tract or parcel of land lying and being in the 6th Land District of Gwinnett County, Georgia, just South of Duluth, Georgia, and being Lot Number 14 and 15 of the

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subdivision of lands of Woodrow Wilson as shown on a blue print of said subdivision pre pared by C. A. Black, Surveyor, on October 2, 1951 and being more fully described as follows:
Beginning at an iron pin corner on Howell Circle separating Tracts 13 and 14 of said plat; thence running in a Northeasterly direction along the property line of Lot 13 a dis tance of 124 feet to an iron pin corner and other property now or formerly owned by Lillie Bell Smallwood; thence running in a Southeasterly direction along the other property now or formerly owned by Lillie Bell Smallwood a distance of 113 feet, more or less, to an iron pin corner separating Lots 15 and 16; thence running in a Southwesterly direction along the property line separating Lots 15 and 16 a distance of 139 feet, more or less, to an iron pin corner located on the Northwest right-of-way line of Howell Circle; thence running in a Northwesterly direction along the Northeast right-of-way line of Howell Circle a distance of 100 feet to an iron pin corner separating Lots 13 and 14 and the same being the point of beginning.
This being that same tract of land as conveyed by Warranty deed dated April 8, 1953 from A. W. Anglin to Cecil R. Bailey as recorded in Deed Book 105, Page 494, Clerk's Office, Gwinnett County, Georgia Superior Court.
Tax Map Parcel #6-292-14
All that certain tract or parcel of land situate, lying, and being in the County of Gwin nett, State of Georgia, Land Lot 292 of the 6th District, Gwinnett County, Georgia, and being part of Lot 7 and all of Lot 8 of Woodrow Wilson Subdivision as per plat recorded in Plat Book E, Page 257, Gwinnett County Records, and being more particularly described as follows:
Beginning at the intersection formed by the Northeasterly side of Howell Road and the Southeasterly side of Anderson Street (unpaved) and which point is also 320.2 feet South easterly from the Southeasterly side of U. S. Highway Number 23 as measured along the Northeasterly side of Howell Road, if said street line were extended Southeasterly across Anderson Street, and running thence Southeasterly along the Northeasterly side of Howell Road 59.5 feet to an iron pin; running thence Northeasterly 123.0 feet to an iron pin; run ning thence Northwesterly 57.6 feet to the Southeasterly side of Anderson Street; running thence Southwesterly along the Southeasterly side of Anderson Street 133.7 feet to the Northeasterly side of Howell Road, and the point of beginning.
Tax Map Parcel #6-264-27
All that tract or parcel of land lying and being in Land Lot 264 of the 6th Land District of Gwinnett County, Georgia, being Tract Number 1A, containing 3.956 acres and also Tract Number IB, containing 1.842 acres as shown on individual plat of survey for Duluth Proper ties, prepared by Precision Planning, Inc., Randall W. Dixon, Registered land Surveyor Number 1678, dated July 13, 1984, as per plat recorded in Plat Book 27, Page 7, Gwinnett County, Georgia Records, and being more particularly described as follows:
Beginning at a point on the Southwesterly right-of-way line of Georgia Highway Num ber 120, an 80 foot right-of-way, 1352.19 feet Northwesterly as measured along the South westerly right-of-way line of Georgia Highway Number 120, as extended, and following the curvature thereof from the intersection of the Southwesterly right-of-way line of Georgia Highway Number 120, as extended, with the centerline of Roberts Road; running thence South 60 degrees 19 minutes 12 seconds West 1138.79 feet to a point in the centerline of a creek; running thence South 20 degrees 49 minutes 25 seconds East along the centerline of said creek 46.57 feet to a point; running thence South 29 degrees 47 minutes 50 seconds East along the centerline of said creek 106.31 feet to a point; running thence South 21 de grees 08 minutes 39 seconds East along the centerline of said creek 78.54 feet to a point; running thence South 60 degrees 19 minutes 12 seconds West 322.97 feet to a point; running thence North 28 degrees 48 minutes 59 seconds West 210.20 feet to a point; running thence North 49 degrees 48 minutes 16 seconds East 1527.09 feet to a point on the Southwesterly right-of-way line of Georgia Highway Number 120; running thence South 24 degrees 19 min-

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1981

utes 53 seconds East along the Southwesterly right-of-way line of Georgia Highway Number 120 a distance of 260.00 feet to the point of beginning.
Tax Map Parcel #6-292-10
All that tract or parcel of land lying and being in Land Lot 292 of the 6th Land District of Gwinnett County, Georgia, and being more particularly described according to a plat of survey of S. R. Fields, Surveyor, dated September 4, 1968, recorded in Plat Book 0, Page 322, Gwinnett County Plat Records, as follows:
Beginning at a point on the Southeast right-of-way of U. S. Highway Number 23 where the Southeast right-of-way of U.S. Highway Number 23 (having a 100 foot right-of-way) is intersected by the Northeast right-of-way of Howell Road (shown on said plat to have a 40 foot right-of-way); thence run in a Northeasterly direction along the Southeast right-of-way of U. S. Highway Number 23 a distance of 208 feet to a point; thence run along the South west right-of-way of an unnamed street South 48 degrees 12 minutes East 100 feet to a point; thence continuing along the Southwest right-of-way of said unnamed street South 37 degrees 48 minutes East 99.2 feet to an iron pin; thence run along the property of Hum phries South 34 degrees 10 minutes West 155.8 feet to a point on the Northeast right-of-way of Howell Road; thence run along the Northeast right-of-way of Howell Road North 58 de grees 09 minutes West 200 feet to the point where the Northeast right-of-way of Howell Road intersects the Southeast right-of-way of U. S. Highway Number 23, being the point of beginning.
Tax Map Parcel #6-291-7, 6-266-7A
All that tract or parcel of land lying and being in Land Lots 266 and 291 of the 6th District of Gwinnett County, Georgia, being more particularly described as follows:
Beginning at the intersection of Land Lots 290, 291, 267 and 266; running thence North 31 degrees 24 minutes 50 seconds West along the Southwest land lot line of Land Lot 291, 767.30 feet to an iron pin; thence North 30 degrees 20 minutes 02 seconds West 800.51 feet to an iron pin; thence North 30 degrees 59 minutes 58 seconds West 630.06 feet to an iron pin found; thence North 60 degrees 11 minutes 35 seconds East 2281.35 feet to an iron pin on the Southwesterly right-of-way of Pleasant Hill Road; thence Southerly along said rightof-way 3413.5 feet to an iron pin; thence South 59 degrees 32 minutes 40 seconds West 1448.51 feet to an iron pin; thence North 31 degrees 00 minutes 30 seconds West 1009.5 feet to an iron pin on the Southeast land lot line of Land Lot 291; thence along said land lot line South 57 degrees 42 minutes 30 seconds West 92 feet to an iron pin, and the point of begin ning, being 131.766 acres and shown as Tracts Number 3 and 4 on survey for The Russell Corporation by Robert C. Pace, RLS, dated May 18, 1984, and revised July 26, 1984, re corded in Plat Book 27, Page 123, Gwinnett County, Georgia Records.
Less and except: all that tract or parcel of land lying and being in Land Lot 291 of the 6th District of Gwinnett County, Georgia, and being more particularly described as follows:
To find the true point of beginning, commence at the land lot corner common to Land Lots 266, 267, 290 and 291 in the 6th District of Gwinnett County, Georgia; run thence along the land lot line common to Land Lots 290 and 291 North 31 degrees 47 minutes 18 seconds West a distance of 767.05 feet to an iron pin found; thence continuing along said land lot line run North 30 degrees 15 minutes 20 seconds West a distance of 450.99 feet to an iron pin set and the true point of beginning; from the true point of beginning thus estab lished, continue along said land lot line North 31 degrees 23 minutes 29 seconds West a distance of 979.95 feet to an iron pin set; thence leaving said land lot line, run North 59 degrees 47 minutes 25 seconds East a distance of 2,291.45 feet to an iron pin set on the Westernmost right-of-way line of Pleasant Hill Road (a 150 foot right-of-way); run thence along said right-of-way line South 30 degrees 36 minutes 43 seconds East a distance of 466.48 feet to an iron pin set; thence continuing along said right-of-way line and following the curvature thereof, run along the arc of a curve a distance of 563.95 feet to a point (said arc being subtended by a chord bearing South 08 degrees 13 minutes 13 seconds East a distance of 549.70 feet); thence continuing along said right-of-way line run South 14 degrees

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10 minutes 17 seconds West a distance of 343.94 feet to an iron pin set; thence continuing along said right-of-way line and following the curvature thereof, run along the arc of a curve a distance of 312.00 feet to an iron pin set (said arc being subtended by a chord bearing South 04 degrees 24 minutes 31 seconds West a distance of 310.49 feet) thence leaving said right-of-way line, run South 57 degrees 11 minutes 40 seconds West a distance of 1,031.91 feet to an iron pin set; run thence along the arc of a curve a distance of 875.81 feet to an iron pin set and the true point of beginning (said arc being subtended by a chord bearing North 78 degrees 57 minutes 34 seconds West a distance of 825.83 feet). The above-de scribed property contains 67.300 acres and is depicted on that certain plat of Boundary Survey for Calibre Gwinnett II, Ltd. and BancBoston Real Estate Capital Corporation, dated October 22, 1985, last revised December 12, 1985, said plat bearing the seal and certi fication of Randall W. Dixon, Georgia Registered Surveyor Number 1678, and being incor porated herein by this reference. This being the same property designated on the Gwinnett County Tax Maps as Tax Parcel 6-291-011.
Tax Map Parcel #6-266-21
All that tract or parcel of land lying and being in Land Lot 266 of the 6th District of Gwinnett County, Georgia, comprising 1.6664 acres, more or less, as per that certain plat of survey prepared for Bradley-Ewing Equipment Co. by Horlbeck & Associates, Inc., dated August 6, 1984, and bearing the seals of Louis J. Menchio, Georgia Registered Land Sur veyor Number 1780, and Robert E. Horlbeck, Georgia Registered Land Surveyor Number 1942, and being more particularly described as follows:
Beginning at an iron pin found at a point located on the Northwesterly side of the right-of-way line of U. S. Highway Number 23 (having a 100 foot right-of-way and 28 feet of pavement), 1,250 feet Southwesterly from the intersection of the Northwesterly side of the right-of-way line of U. S. Highway Number 23 and the right-of-way line of Pleasant Hill Road, run thence South 46 degrees 33 minutes 31 seconds West along the Northwesterly side of the right-of-way line of U. S. Highway Number 23 a distance of 171.91 feet to a point; run thence North 43 degrees 26 minutes 29 seconds West a distance of 352.33 feet to a point; run thence North 47 degrees 30 minutes 00 seconds East along a Southern Railroad right-of-way (having a 200 foot right-of-way) a distance of 242.11 feet to an iron pin found; run thence South 32 degrees 03 minutes 11 seconds East along the Southwesterly boundary line of property now or formerly owned by M. T. McDaniel, Jr. and Mrs. C. N. McGee a distance of 355.34 feet to an iron pin found on the Northwesterly side of the right-of-way line of U. S. Highway Number 23 at the true point of beginning.
Tax Map Parcel #6-266-32
All that tract or parcel of land lying and being in Land Lots 266 and 267 of the 6th District of Gwinnett County, Georgia, comprising 2.8102 acres, more or less, as per that certain plat of survey prepared for Bradley-Ewing Equipment Co. by Horlbeck & Associ ates, Inc., dated August 6, 1984, and bearing the seals of Louis J. Menchio, Georgia Regis tered Land Surveyor Number 1780, and Robert E. Horlbeck, Georgia Registered Land Sur veyor Number 1942, and being more particularly described as follows:
To find the true point of beginning, commence at an iron pin found at a point located on the Northwesterly side of the right-of-way line of U. S. Highway Number 23 (having a 100 foot right-of-way and 28 feet of pavement), 1,250 feet Southwesterly from the intersec tion of the Northwesterly side of the right-of-way line of U. S. Highway Number 23 and the right-of-way line of Pleasant Hill Road, run thence South 46 degrees 33 minutes 31 seconds West along the Northwesterly side of the right-of-way line of U. S. Highway Number 23 a distance of 171.91 feet to a point located at the true point of beginning; run thence from the true point of beginning as thus established South 46 degrees 33 minutes 31 seconds West along the Northwesterly side of the right-of-way line of U. S. Highway Number 23 a dis tance of 346.36 feet to a point; run thence North 42 degrees 54 minutes 08 seconds West along the Northeasterly boundary line of property now or formerly owned by Georgia Indus trial Realty Company a distance of 357.98 feet to an iron pin found; run thence North 47 degrees 30 minutes 00 seconds East along a Southern Railroad right-of-way (having a 200

THURSDAY, MARCH 12, 1987

1983

foot right-of-way) a distance of 343.04 feet to a point; run thence South 43 degrees 26 min utes 29 seconds East a distance of 352.33 feet to a point located on the Northwesterly side of the right-of-way line of U. S. Highway Number 23 at the true point of beginning.
Tax Map Parcel #7-203-92
All that tract or parcel of land lying and being in Land Lots 203 and 204 of the 7th Land District, Gwinnett County, Georgia, containing a total of 3.8 acres as shown on plat prepared by S. R. Fields, Surveyor, dated April 6, 1973, and being more particularly de scribed as follows:
To find the point of beginning, commence at a point formed by the intersection of the centerline of Rogers Bridge Road and the North line of Land Lot 204, 7th District, Gwin nett County, Georgia; thence Southeasterly along the centerline of Rogers Bridge Road 1141 feet to a point which point is the point of beginning; thence Southeasterly along the centerline of Rogers Bridge Road 100 feet to a point; thence South 62 degrees 38 minutes West 388 feet to an iron pin; thence South 19 degrees 59 minutes East 129.2 feet to an iron pin; thence South 61 degrees 57 minutes West 559.2 feet to an iron pin; thence North 28 degrees 00 minutes West 221.1 feet to an iron pin; thence North 62 degrees 00 minutes East 991.0 feet to a point in the centerline of Rogers Bridge Road which point is the point of beginning.
Tax Map Parcel #7-203-50
All that tract or parcel of land lying and being in the County of Gwinnett, in the 7th Land District, containing five (5) acres, more or less, located on the Rogers Ferry Road, and more particularly described as follows: Beginning at a rock corner on the Rogers Ferry Road adjoining lands of Ogden, formerly G. L. Veal, on the North; thence South along said road to an iron stake; thence West about 1,000 feet along the line of A. C. Woodward to a rock corner; thence North an equal distance with the line along said rock to a rock corner; and thence to said road, and starting point.
This is the same land conveyed by James 0. Johnson to Mrs. Lillie A. Strickland on July 20, 1945 by Deed to be recorded at the same time as this Deed.
Less and except: all that tract or parcel of land containing 3.8 acres which was conveyed April 19, 1973 by Mrs. Willie S. Maddox and Byrd Maddox to Harry E. Bethea by Warranty Deed recorded at Deed Book 651, Page 216, Gwinnett County Deed Records, which Deed is incorporated herein by reference thereto for a more particular and complete description of the lands sold out of the above property.
Tax Map Parcel #7-203-48
All that tract or parcel of land lying and being in Land Lots 203 and 204 of the 7th District, Gwinnett County, Georgia, being more particularly described as follows:
To find the true point of beginning, begin at the intersection formed by the centerline of Rogers Bridge Road and the centerline of Southern Railroad; thence Northwesterly along the centerline of Rogers Bridge Road 1807.6 feet to a point; thence South 60 degrees 43 minutes West 18.4 feet to a point on the Southwesterly right-of-way of Rogers Bridge Road and the true point of beginning; thence South 60 degrees 43 minutes West along the North westerly line of property now or formerly owned by David M. Lacy, et al, 250 feet to an iron pin found; thence North 33 degrees 49 minutes West 100 feet to an iron pin found; thence North 60 degrees 43 minutes East along the Southeasterly line of property now or formerly owned by David M. Lacy, et al, 250 feet to a point on the Southwesterly right-of-way of Rogers Bridge Road; thence South 33 degrees 49 minutes East along the Southwesterly right-of-way of Rogers Bridge Road 100 feet to the true point of beginning. Being described according to plat of survey made by Hannon, Meeks & Bagwell, dated July 1, 1977, and containing 0.572 acres according to said survey. Being the same property described in Exec utor's Deed from Dorothy Elizabeth Kobeck, Executrix of the Last Will and Testament of Barney Ellis Kobeck to Dorothy E. Kobeck, dated January 14, 1977, recorded in Deed Book 1217, Page 277, Gwinnett County Records.

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Tax Map Parcel #7-202-43
All that tract or parcel of land lying and being in Land Lots 201, 202, 203, and 204 of the 7th District, Gwinnett County, Georgia, containing 10.2424 acres being designated as Tract Two (2) as shown on a plat of survey for Villa D. Ray and Albert Wesley Howell, dated March 27, 1980 by Hannon, Meeks and Bagwell, Surveyors, as recorded in Plat Book 12, Page 206, Gwinnett County, Georgia Records, and said plat by reference is incorporated herein for legal description of said property.
This is the same tract of land conveyed to Villa Dean Ray by executors of Wilma A. Howell Estate, dated March 28, 1980 and recorded in deed Book 1922, Page 48, Gwinnett County Records.
Tax Map Parcel #6-328-1
All that tract or parcel of land lying and being in Land Lot 328 of the 6th District of Gwinnett County, Georgia, according to survey of C. M. Higginbotham, Surveyor, dated March and September of 1960, revised November 10, 1964 and October 13, 1970, titled sur vey for William Jones, being Tract #2 as shown on said Plat, containing 2.91 acres and being more particularly described as follows:
Beginning at the point of intersection of the West right-of-way line of relocated Georgia Highway Number 120 with the South bank of the Chattahoochee River and running thence along the bank of said river South 72 degrees 68 minutes West 20 feet, and South 51 degrees 25 minutes West 602 feet to an iron pin corner on the original line between Land Lots 327 and 328 in said Land District; thence South 30 degrees 37 minutes East along the said original line 206.7 feet; thence North 52 degrees 50 minutes East 574.7 feet to a point on the West right-of-way line of relocated Georgia Highway Number 120; and thence in a Northerly direction along said highway right-of-way 228.1 feet to the point of beginning.
The plat referred to above of C. M. Higginbotham is recorded along with an Affidavit of George Pinion in Deed Book 365, Pages 236-238, Gwinnett County Records.
Tax Map Parcel #6-267-48
All that tract or parcel of land lying and being in Land Lot 267 of the 6th Land Dis trict, Gwinnett County, Georgia, containing 1.089 acres, as shown and delineated on plat of survey for Plant Improvement Company, Inc. by McNally, Patrick & Cole, Inc. dated May 29, 1980, and more fully described according to said plat of survey as follows:
BEGINNING at a point formed by the intersection of the northwesterly right-of-way line of Buford Highway, also known as Highway 23, and the northeasterly right-of-way line of Berkeley Lake Road, and running thence along the right-of-way line of Berkeley Lake Road, North 52 degrees 27 minutes 21 seconds West a distance of 176.66 feet to a point; thence continuing along said right-of-way line North 54 degrees 33 minutes 45 seconds West a distance of 179.04 feet to a point; thence running North 34 degrees 56 minutes 7 seconds East a distance of 31.16 feet to a point; thence running South 78 degrees 19 minutes 00 seconds East a distance of 296.40 feet to a point; thence running South 89 degrees 58 min utes 00 seconds East a distance of 182.03 feet to a point on the northwesterly right-of-way line of Buford Highway; thence running along the right-of-way line of the said Buford High way, South 49 degrees 6 minutes 00 seconds West a distance of 270.15 feet to the point or place of beginning.
Tax Map Parcel #6-324-13
All that tract or parcel of land lying and being in Land Lots 324 and 328 of the 6th District of Gwinnett County, Georgia, and being more particularly described as follows:
Beginning at an iron pin on the Southwest line of the right-of-way of Georgia Highway Number 120, located 785 feet Southeast, as measured along the Southwest line of said rightof-way, from the intersection of the Southwest line of said right-of-way with the bank of the Chattahoochee River, said point of beginning being a corner of lands now or formerly owned by Anderson Bait Distributors, Inc.; thence Southeast along the Southwest line of said

THURSDAY, MARCH 12, 1987

1985

right-of-way 505.3 feet to an iron pin, corner of lands now or formerly owned by Marion B. McCoy; thence Southwest, at an interior angle of 89 degrees 55 minutes 30 seconds with the preceding call, 741 feet along the line of Marion B. McCoy and Mrs. Florence McCoy to an iron pin on the line of Land Lot 324; thence Northwest at an interior angle of 71 degrees 42 minutes with the preceding call, and along the Southwest line of Land Lot 324 to an iron pin at the common corner of Land Lots 324, 325, 327, and 328; thence continuing Northwest at an interior angle of 180 degrees 44 minutes with the preceding call and along the South west line of Land Lot 328 a distance of 273.5 feet, more or less, to an iron pin in the corner of lands now or formerly owned by Anderson Bait Distributors, Inc.; thence Northeast with the line of said Anderson Bait Distributors, Inc. at an interior angle of 88 degrees 23 min utes with the preceding call, 565.3 feet to a point on the Southwest line of the right-of-way of Georgia Highway Number 120, the point of beginning.
Tax Map Parcel #6-290-5
All that tract or parcel of land lying and being in Land Lot 290 of the 6th Land District of Gwinnett County, Georgia, being more particularly described as follows:
Tract 1
Beginning at a right-of-way monument located on the Northeast right-of-way of Berke ley Lake Road at the Northwest intersection of the rights-of-way of Berkeley Lake Road and Peachtree Industrial Boulevard; thence North 46 degrees 23 minutes 48 seconds West along the Northeast right-of-way of Berkeley Lake Road 345.49 feet to an iron pin; thence North 59 degrees 14 minutes 38 seconds East 463.79 feet to an iron pin on the West rightof-way of Peachtree Industrial Boulevard; thence South 12 degrees 39 minutes 35 seconds West along said right-of-way 468.93 feet to a right-of-way monument; thence South 68 de grees 33 minutes 21 seconds West along the right-of-way 49 feet to a right-of-way monu ment on the Northeast right-of-way of Berkeley Lake Road and the point of beginning. Being 1.9895 acres and shown as Tract Number 1 on survey for The Russell Corporation by Robert C. Pace, RLS, dated May 18, 1984, and revised July 26, 1984 and recorded at Plat Book 27, Page 123, Gwinnett County, Georgia, Records.
Tract 2
Beginning at a right-of-way monument located on the Northeast right-of-way of Peachtree Industrial Boulevard at the Northeast intersection of the rights-of-way of Berkeley Lake Road and Peachtree Industrial Boulevard; thence North 12 degrees 39 minutes 35 seconds East along said right-of-way 284.29 feet to a right-of-way monument; thence South 77 degrees 20 minutes 25 seconds East 20 feet to a right-of-way monument, thence North 12 degrees 39 minutes 35 seconds East 40 feet to a right-of-way monument; thence North 77 degrees 20 minutes 25 seconds West 20 feet to a right-of-way monument; thence continuing Northeast along said right-of-way North 12 degrees 39 minutes 35 seconds East 340 feet to a right-of-way monument; thence South 77 degrees 20 minutes 25 seconds East 20 feet to a right-of-way monument; thence North 11 degrees 42 minutes 23 seconds East 58.22 feet to a right-of-way monument; thence North 59 degrees 14 minutes 39 seconds East 883.66 feet to an iron pin; thence South 30 degrees 20 minutes 02 seconds East 800.51 feet to an iron pin; thence South 59 degrees 48 minutes 30 seconds West 1367.38 feet to an iron pin on the Northeast right-of-way of Berkely Lake Road; thence Northwest along said right-of-way 195.13 feet to a right-of-way monument, thence North 17 degrees 13 minutes 09 seconds West along the right-of-way 87.18 feet to a right-of-way monument on the East right-of-way of Peachtree Industrial Boulevard and the point of beginning. Being 22.469 acres and shown as Tract Number 2 on survey for The Russell Corporation by Robert C. Pace, RLS, dated May 18, 1984, and revised July 26, 1984, and recorded at Plat Book 27, Page 123, Gwinnett County, Georgia Records.
Tax Map Parcel #6-291-1
All that tract or parcel of land lying and being in Land Lots 291 and 292 of the 6th District of Gwinnett County, Georgia, being more particularly described as follows:
Beginning at an iron pin set on the Easterly right-of-way of Pleasant Hill Road (50 foot

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right-of-way), said iron pin being located a distance of 696.39 feet Northerly along said right-of-way from its intersection with the line common to Land Lots 266 and 291, said District and County; from said point of beginning thence traveling on a curve to the right along said right-of-way an arc distance of 251.92 feet to a point on said right-of-way; said arc being subtended by a chord bearing North 08 degrees 53 minutes 01 seconds East a chord distance of 251.01 feet and having a radius of 854.121 feet; thence continuing along said right-of-way North 17 degrees 20 minutes East a distance of 318.87 feet to a point on said right-of-way; thence along a curve to the left an arc distance of 498.85 feet to a point on said right-of-way; said arc being subtended by a chord bearing North 06 degrees 39 minutes West a chord distance of 484.41 feet and having a radius of 595.871 feet; thence traveling North 30 degrees 36 minutes West a distance of 155.28 feet to a point on said right-of-way; thence traveling North 30 degrees 38 minutes West a distance of 261.78 feet to a point on said right-of-way; thence along a curve to the right along said right-of-way an arc distance of 219.88 feet to a point on said right-of-way; said arc being subtended by a chord bearing North 28 degrees 22 minutes 32 seconds West a chord distance of 219.82 feet and having a radius of 2789.789 feet; thence leaving said right-of-way and traveling North 60 degrees 37 minutes 56 seconds East a distance of 1150.54 feet to a point; thence traveling South 30 degrees 26 minutes 15 seconds East a distance of 430.37 feet to a point; thence traveling North 60 degrees 21 minutes 58 seconds East a distance of 30.10 feet to a point; thence South 30 degrees 21 minutes 42 seconds East a distance of 51.36 feet to a point; thence traveling South 30 degrees 21 minutes 42 seconds East a distance of 682.46 feet to a point; thence traveling South 59 degrees 22 minutes 29 seconds West a distance of 517.32 feet to a point on the line common to Land Lots 291 and 292, said District and County; thence trav eling South 30 degrees 15 minutes 53 seconds East along said land lot line a distance of 308.20 feet to an iron pin set on the line common to Land Lots 292 and 291, said District and County; thence traveling South 60 degrees 24 minutes 26 seconds West a distance of 467.90 feet to a point; thence traveling South 59 degrees 36 minutes 20 seconds West a distance of 790.40 feet to an iron pin set on the Easterly right-of-way of Pleasant Hill Road, said iron pin set being the true point of beginning.
All as shown on that certain survey for American Residential Properties, Inc., prepared by Hannon, Meeks & Bagwell, Surveyors and Engineers, Inc., stamped by Miles H. Hannon, Georgia Registered Land Surveyor Number 1528, dated August 23, 1984, last revised No vember 19, 1984.
Tax Map Parcel W7-161-22A
All that tract or parcel of land lying and being in Land Lot 161 of the 7th Land District of Gwinnett County, Georgia, containing .25 acres, according to survey of C. M. Higginbotham, Surveyor, of November 19, 1957; bounded on the North by a street, on the Southeast by the shoreline of Lake Norman, South and West by lands of Murphy. Said lot is more particularly described as follows, according to said survey and plat.
Begin at the intersection of the Eastern limits of the Town of Duluth with the South erly side of Murphy Circle and run thence North 85 degrees 45 minutes East 133 feet along said street to a stake corner; thence South 20 degrees 46 minutes East 21 feet to a corner on the shore line of Lake Norman; thence Southwesterly along said lake shoreline 130 feet, more or less, to a stake corner; thence North 75 degrees 28 minutes West 67 feet to a stake corner and thence North 11 degrees 45 minutes East 81.4 feet to the point of beginning.
The beginning point above referred to is more definitely described as being 317 feet Easterly from the intersection of the Southerly side of the street upon which this lot abuts from the center line of the street known as Norman Circle.
Tax Map Parcel #7-161-22
All that tract or parcel of land lying and being in Land Lot 161 of the 7th District, Gwinnett County, Georgia, containing 0.71 acres as per plat prepared by Higginbotham and James dated June 10, 1964, and more particularly described as follows:
Beginning at a point and an iron pin stake at the Northeast corner where Norman

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1987

Circle intersects Murphy Circle, and running thence along the meanderings of the Southeast right-of-way line of Murphy Circle a distance of 302.0 feet to an iron pin stake; thence South 11 degrees 45 minutes West 81.4 feet to an iron pin stake; thence South 75 degrees 28 minutes East 67.0 feet to an iron pin stake; thence South 72 degrees 09 minutes West 25.2 feet to an iron pin stake; thence South 65 degrees 05 minutes West 234.5 feet to an iron pin stake at the Northeast right-of-way line of Norman Circle; thence traveling along the North east right-of-way line of Norman Circle a distance of 108.0 feet to the intersection of Nor man Circle and Murphy Circle at an iron pin stake and the point of beginning.
This property is further identified in the Tax Records of Gwinnett County as Parcel Number 22 in Land Lot 161 of the 7th Land District.
Tax Map Parcel #7-161-14C
All that tract or parcel of land lying and being in Land Lot 161 of the 7th Land District of Gwinnett County, Georgia, being part of the land now or formerly of Mrs. Willine D. Murphy, and being located in the corner of Norman Circle and Lakeview Drive, and being more particularly described by a plat of survey for Grant E. Warren by C. M. Higginbotham, Surveyor, dated October 15, 1960, as follows:
Beginning at the Northwest corner of the right-of-ways or Norman Circle and Lakeview Drive, running thence North 33 degrees 10 minutes West 150 feet along Norman Circle to a corner; thence North 55 degrees 43 minutes East 223 feet to Lakeview Drive; thence SouthSouthwesterly along Lakeview Drive 281 feet to the point of beginning.
Tax Map Parcel #7-161-141, J, K
All that tract or parcel of land lying and being in Land Lot 161 of the 7th District of Gwinnett County, Georgia, and being more particularly described as follows:
Beginning at a point on the Northeasterly side of Norman Circle, which point is located 315 feet Northwesterly from the intersection of the Northeasterly side of Norman Circle with the Northwesterly side of Lakeview Drive, as measured along the Northeasterly side of Norman Circle; thence North 33 degrees 10 minutes West along the Northeasterly side of Norman Circle a distance of 40 feet; thence North 30 degrees 20 minutes West along the Northeasterly side of Norman Circle a distance of 250 feet; thence North 55 degrees 11 minutes East a distance of 214.2 feet to the Southwesterly side of Lakeview Drive; thence South 32 degrees 47 minutes East along the Southwesterly side of Lakeview Drive a dis tance of 320 feet; thence South 62 degrees 50 minutes West a distance of 225.2 feet to the Northeasterly side of Norman Circle at the point of beginning, and being improved property having located thereon a one-story brick residence as shown by plat of survey made by C. M. Higginbotham, Surveyor, dated October 15, 1960, and revised December 9, 1960.
Also, the following described tract and parcel of land lying and being in Land Lot 161 of the 7th District of Gwinnett County, Georgia, and being more particularly described as follows, to-wit:
Beginning at a point on the Northeasterly side of Norman Circle which point is located 605 feet Northwesterly from the intersection of the Northeasterly side of Norman Circle with the Northwesterly side of Lake View Drive as measured along the Northeasterly side of Norman Circle, said point of beginning being located 626 feet South 30 degrees 20 minutes East of the intersection of the Northeasterly side of said Norman Circle with the centerline of an unnamed street; running thence North 30 degrees 20 minutes West along the North easterly side of said Norman Circle from said beginning point a distance of 203 feet to an iron pin; running thence North 65 degrees 30 minutes East 198 feet to an iron pin located on the shore line of Lake Norman; running thence Southeasterly along the Southwesterly shore line of said Lake Norman South 62 degrees 23 minutes East for a distance of 170.4 feet to an iron pin; running thence South 42 degrees 41 minutes West for a distance of 78 feet to an iron pin; running thence South 55 degrees 11 minutes West 214.2 feet to an iron pin located on the Southeasterly side of said Norman Circle and point of beginning.
Also, the following described tract and parcel of land lying and being in Land Lot 161

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of the 7th District of Gwinnett County, Georgia, and being more particularly described as follows, to-wit:
Commencing at a stake on the Northeasterly side of Norman Circle 808 feet Northwest erly from the intersection of the Northeasterly side of Norman Circle with the Northwest erly side of Lake View Drive, said point of beginning also being located 423 feet Southeast erly of the intersection of the Northeasterly side of Norman Circle with the centerline of an unnamed street; running thence from said point of beginning North 26 degrees 19 minutes West 100 feet along the Northeasterly side of said Norman Circle to a stake; running thence North 65 degrees 30 minutes East 232 feet, more or less, to the waterline of the Westerly side of Lake Norman; running thence Southeasterly along the waterline of said Lake Nor man 100 feet; running thence south 65 degrees 30 minutes West 223 feet, more or less, to a stake located on the Northeasterly side of said Norman Circle and point of beginning.
Tax Map Parcel #6-292-12
All that tract or parcel of land lying and being in Land Lot 292 of the 6th District of Gwinnett County, Georgia, and being Lot 6 and a part of Lot 7 of the Woodrow Wilson Subdivision, as shown on Plat by Higginbotham & James, Surveyors, dated February 16, 1962, and being more particularly described as follows:
Beginning at the Northwest corner of Howell Road and Anderson Street, and running thence North 63 degrees 55 minutes West along the Northerly side of Howell Road, 85 feet to an iron pin at the Southeast corner of Lot 5, which point is 200 feet Easterly from the intersection of Howell Road and U. S. Highway Number 23, as measured along the Northerly side of Howell Road, and running thence North 34 degrees 10 minutes East along the Easterly side of Lot 5, 155 feet to an iron pin; thence South 53 degrees 35 minutes East 75.2 feet to an iron pin on the Westerly side of Anderson Street; thence South 30 degrees 22 minutes West along the Westerly side of Anderson Street 140.3 feet to the Northwest corner of Anderson Street and Howell Road at the point of beginning.
Tax Map Parcel #6-266-27
All that tract or parcel of land lying and being in Land Lot 266 of the 6th District, Gwinnett County, Georgia, being more particularly described as follows:
Beginning at the intersection of the Southwestern right-of-way line of Pleasant Hill Road (150 foot right-of-way) and the Northwestern right-of-way line of the Southern Rail road (200 foot right-of-way); running thence South 49 degrees 38 minutes 15 seconds West along the Northwestern right-of-way line of Southern Railroad 1,458.53 feet to an iron pin found; running thence North 31 degrees 00 minutes 30 seconds West 1,031 feet to an iron pin set; running thence North 59 degrees 32 minutes 40 seconds East 1,448.51 feet to a point on the Southwestern right-of-way line of Pleasant Hill Road; running thence South 30 de grees 19 minutes 30 seconds East (and at an interior angle of 89 degrees 52 minutes 10 seconds with the last mentioned course) along the Southwestern right-of-way line of Pleas ant Hill Road 780 feet to the point of beginning, containing 30 acres, and being described according to survey by Bingham Associates, Inc. dated June 7, 1979 for Williams Joint En terprises, Inc.
Tax Map Parcel #7-201-20
A tract of land, being the property of Atlanta Gas Light Company, said tract of land being in two parcels and located in Land Lot 201, District 7, Gwinnett County, Georgia, and being described as follows:
Tract 1
Beginning at the intersecting point of the Southwesterly land lot line of Land Lot 201 and the Easterly right-of-way line of Buford Highway (U. S. Highway Number 23); thence Northeasterly along the Easterly right-of-way line of Buford Highway (U. S. Highway Num ber 23) and following the curvature thereof a distance of 317.46 feet to an iron pin and the point of beginning; thence South 57 degrees 30 minutes 00 seconds East a distance of 333.30 feet to a point (I.P.F.); thence South 80 degrees 51 minutes 00 seconds East along the

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1989

Northerly right-of-way line of Old Peachtree Road a distance of 115.82 feet to a point (I.P.F.); thence North 30 degrees 43 minutes 20 seconds East a distance of 292.79 feet to a point (I.P.F.); thence North 31 degrees 18 minutes 40 seconds West a distance of 385.66 feet to a point (I.P.F.); thence South 59 degrees 25 minutes 40 seconds West a distance of 231.18 feet to a point (I.P.F.); thence South 26 degrees 28 minutes 40 seconds West along the Easterly right-of-way line of Buford Highway (U. S. Highway Number 23) a distance of 78.30 feet to a point (I.P.F.); thence Southwesterly along the Easterly right-of-way line of Buford Highway (U. S. Highway Number 23) and following the curvature thereof a distance of 225.48 feet to the point of beginning, containing 4.23 acres as per survey made by Univer sal Associates, Inc., for Atlanta Gas Light Company, dated June 13, 1973.
Tract 2
Beginning at the intersecting point of the Southwesterly land lot line of Land Lot 201 and the Easterly right-of-way line of Buford Highway (U. S. Highway Number 23); thence Northeasterly along the Easterly right-of-way line of Buford Highway (U. S. Highway Num ber 23) and following the curvature thereof a distance of 146.70 feet to an iron pin, the point of beginning; thence continuing Northeasterly along the Easterly right-of-way line of Buford Highway (U. S. Highway Number 23) a distance of 130.03 feet to a point (I.P.F.); thence South 57 degrees 30 minutes 00 seconds East a distance of 248.00 feet to a point (I.P.F.); thence Southwesterly along the Northerly right-of-way line of Old Peachtree Road a dis tance of 287.10 feet to the point of beginning, containing .34 acres, as per survey made by Universal Associates, Inc., for Atlanta Gas Light Company, dated June 13, 1973.
Tax Map Parcel #6-292-29
All that tract or parcel of land lying and being in Land Lot 292, 6th District of Gwinnett County, Georgia, and more particularly described as follows:
Beginning at an iron pin on the Southeasterly side of U. S. Highway Number 23, 87.5 feet Southwesterly from the point where the Southeasterly side of U. S. Highway Number 23 intersects the centerline of Howell Road; thence South 32 degrees 00 minutes 00 seconds East 200.01 feet to an iron axle; thence South 30 degrees 30 minutes 00 seconds West 200.05 feet to a rebar; thence North 32 degrees 00 minutes 00 seconds West 200.00 feet to a rebar on the Southeasterly side of U. S. Highway Number 23; thence North 30 degrees 30.00 min utes 00 seconds East along the Southeasterly side of said highway 200.05 feet to an iron pin at the point of beginning; same being Tract II as per plat of survey for Stamps-Brown Tire Company, II, Inc., dated September 28, 1983, by Metro Engineering Survey Company, Inc.
Tax Map Parcel #6-292-31, 51
All that tract or parcel of land lying and being in Land Lots 265 and 292 of the 6th District, Gwinnett County, Georgia, being Lots 22, 23, 24, 25 and 26 of the subdivision of the Mack Pittard Property, according to plat of survey recorded in Plat Book D, Page 209, Gwinnett County Records, which plat is incorporated herein and made a part hereof by reference.
Tax Map Parcel #6-292-28
All that tract or parcel of land lying and being in the 6th Land District of Gwinnett County, Georgia, and being Lot Number 1 of the Woodrow Wilson Subdivision, on the Southerly side of U. S. Highway Number 23. A blueprint of said subdivision from plat and survey of C. A. Black, Surveyor, dated October 2, 1951, is recorded in Plat Book E, Page 257, Plat Records of Gwinnett County, Georgia, and by reference said plat and the record thereof are incorporated herein and made a part of this description. Said lot is more partic ularly described according to said plat and survey as follows, to-wit:
Begin at the intersection of the Southerly right-of-way line of U. S. Highway Number 23 with the Westerly side of a 40 foot laid out in said subdivision, run thence in a Southerly and Southwesterly direction along the Westerly side of said street 191 feet to the intersec tion with another street in said subdivision, and continue along such street in a Westerly direction 100 feet to a corner; thence in a Northerly direction 200 feet to a corner on the

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Southerly right-of-way line of said U. S. Highway Number 23 and thence Easterly along said right-of-way 60 feet to the point of beginning.
Tax Map Parcel #6-292-36
All that tract or parcel of land lying and being in the 6th Land District of Gwinnett County, Georgia, being Lot Number 1 and part of Lots 2 and 3 of the subdivision of lands now or formerly of Cicero A. Harkness, as shown on a plat of said subdivision prepared by C. A. Black, Surveyor, dated November 24, 1950, blue print of which is recorded in Plat Book E, Page 197 of the Plat Records of Gwinnett County, Georgia, and particularly de scribed as follows:
Begin at the Southwest corner of Lot 1 of said subdivision on the Northerly right-ofway line of U. S. Highway Number 23 (Atlanta-Gainesville Highway) and run thence North 30 ''2 degrees East along said highway right-of-way 125 feet to a corner; thence in a North westerly direction diagonally across Lots 3 and 2, 214 feet, more or less to a corner on the Southerly side of the old road, at a point 10 feet Northeasterly from the Northwest corner of Lot 2; thence South 22 v-> degrees West 60 feet to a corner on said road; thence South 32 degrees East 214 feet to the point of beginning.
Tax Map Parcel #6-292-32
All that tract or parcel of land lying and being in the 6th Land District of Gwinnett County, Georgia, being Lot Numbers 20 and 21 of the subdivision of land known as the Mack Pittard property, as shown on a subdivision of the same as per a plat by H. L. Dunahoo, Surveyor, prepared December, 1946, a copy of which is recorded in Plat Book D, Page 209, in the Office of the Clerk of the Superior Court of Gwinnett County, Georgia, and which by reference is incorporated herein and made a part of this description.
As shown on said plat, said lots join, each fronting 50 feet on the East side of the Atlanta-Gainesville paved highway, and together fronting 100 feet on said highway, running back in an Easterly direction, even width, for 200 feet, bounded on the North by Lot Num ber 22 of said subdivision; on the East by Lot Number 84; on the South by Lot Number 19, and on the West by the Atlanta-Gainesville paved highway, (U. S. Highway Number 23).
Tax Map Parcel #6-292-37
All that tract or parcel of land lying and being in the 6th Land District of Gwinnett County, Georgia, and being more fully described as follows:
Beginning at a stake corner on the North side of U. S. Highway Number 23 and run ning North 30 degrees 30 minutes East along said Highway 100 feet to a stake corner; thence North 32 degrees West 214 feet, more or less, to a public road; thence South 22 degrees 30 minutes West 100 feet to a stake corner; thence South 32 degrees East 214 feet, more or less, to the beginning corner. This property being Lot Numbers 3 and 4 as shown by a plat made by C. A. Black, November 24, 1950.
Tax Map Parcel #6-264-307, 308, 309
All that tract or parcel of land lying and being in Land Lot 264 of the 6th Land District of Gwinnett County, Georgia, being that land designated as Lot 5, Lot 6, and Lot 7, of Unit 2, Governors Landing Subdivision as shown on a subdivision plat prepared by Precision Planning, Inc. dated June 4, 1985, which plat is recorded in Plat Book 32, Page 91, Gwinnett County, Georgia Records, which plat is incorporated herein by reference for a more particu lar description.
Tax Map Parcel #6-292-33, 34, 34A, & 35
All that tract or parcel of land lying and being in Land Lots 292 and 265 of the 6th Land District of Gwinnett County, Georgia, being that property designated as Lots 29, 30, 31, 32, and 33 of the Mack Pittard property as shown on a plat of survey prepared by H. L. Dunahoo, dated December, 1946, recorded in Plat Book D, Page 209, Gwinnett County, Georgia Records, which plat is incorporated herein by reference for a more particular description.

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1991

Tax Map Parcel #6-292-15, 6-292-64
All that tract or parcel of land lying and being in Land Lot 292 of the 6th District of Gwinnett County, Georgia, which property is designated as Lots 9 and 13 of the property of Woodrow Wilson as shown on a plat of survey prepared by C. A. Black, dated October 2, 1951, which plat is recorded in Plat Book E, Page 257, Gwinnett County, Georgia Records, which plat is incorporated herein by reference for a more particular description.
Tax Map Parcel #6-292-30
All that tract or parcel of land lying and being in Land Lots 265 and 292 of the 6th Land District, Gwinnett County, Georgia, and being lots 27, 28, and part of Lot 26 and Lot 84 of the Mack Pittard property as shown on plat recorded in Plat Book D, Page 209, Plat Records of Gwinnett County, and more particularly described as follows:
Beginning at an iron pin on the Southeasterly right-of-way line of U. S. Highway Num ber 23 at property now or formerly of D. B. McKerly, Jr. and run thence in a Northeasterly direction along the Southeasterly right-of-way line of U. S. Highway Number 23 a distance of 200 feet to an iron pin at property now or formerly of C. Roach; run thence along prop erty now or formerly of Roach South 29 degrees 31 minutes East a distance of 242.80 feet to an iron pin; thence run South 31 '/4 degrees East a distance of 525 feet to a point; run thence Northwesterly along property now or formerly of Bradford a distance of 370 feet to a point; run thence North 22 '/i degrees East a distance of 270 feet to an iron pin; thence run North 72 degrees 50 minutes 22 seconds West along property now or formerly of D. B. McKerly, Jr., a distance of 210.82 feet to an iron pin on the Southeasterly right-of-way line of U. S. Highway Number 23, and the place or point of beginning.
Tax Map Parcel #6-267-38
All that tract or parcel of land lying and being in Land Lots 266 and 267 of the 6th Land District of Gwinnett County, Georgia, being more particularly described as follows:
To find the point of beginning, begin at an iron pin located at the intersection of the Northwesterly line of the right-of-way of the Southern Railroad with the Northeasterly line of the right-of-way of Berkeley Lake Road, also known as McGee Road, North; thence run ning North 49 degrees 05 minutes 00 seconds West along the Northwesterly line of the right-of-way of the Southern Railroad a distance of 1,070.50 feet to an iron pin found and the point of beginning; from the point of beginning thus established, running thence North 31 degrees 19 minutes 08 seconds West a distance of 1,311.86 feet to an iron pin found; running thence North 58 degrees 31 minutes 00 seconds East a distance of 321.9 feet to an iron pin found; running thence South 31 degrees 26 minutes 30 seconds East a distance of 1,257.90 feet to an iron pin found on the Northwesterly line of the right-of-way of the Southern Railroad; thence running along the Northwesterly line of the right-of-way of the Southern Railroad South 49 degrees 05 minutes 00 seconds West a distance of 329.2 feet to an iron pin found and the point of beginning; all as is more particularly shown on a plat of survey for The Russell Corporation by Bates-Long & Associates, dated January 24, 1985.
Tax Map Parcel #7-161-14D
All that tract or parcel of land lying and being in Land Lot 161 of the 7th Land Dis trict, Gwinnett County, Georgia, and more particularly described as follows:
Beginning at a point on the Northwest right-of-way of Norman Circle where said rightof-way intersects the Northwest right-of-way of Lake View Drive; running thence along said right-of-way of Norman Circle in a Northwesterly direction a distance of 150 feet to a point; said point being the true point of beginning; thence Northwesterly along said right-of-way of Norman Circle in a Northwesterly direction 165 feet to a point; thence Northeasterly 225.2 feet to a point on the Northwest right-of-way of Lake View Drive; thence along said rightof-way of Lake View Drive in a Southeasterly direction 137 feet to a point; thence South westerly 223 feet to a point on the Northeast right-of-way of Lake View Drive; said point being the true point of beginning.
Tax Map Parcel #7-161-249

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All that tract or parcel of land lying and being in Land Lot 161 of the 7th Land Dis trict, Gwinnett County, Georgia, known as Tax Parcel 7-161-249 and being more particu larly described as follows:
Beginning at a point at the intersection of Land Lots 161, 162, 160 and 159, 7th Dis trict, Gwinnett County, Georgia, thence Northwesterly along the land lot line dividing Land Lots 161 and 162 a distance of 1,056.25 feet to a point; thence Southwesterly a distance of 162.5 feet to a point, said point being the true point of beginning; thence South-Southwest erly 206 feet to a point on the right-of-way of Brookshire Way, which point of the right-ofway is on the cul-de-sac of the present Easternmost terminus of Brookshire Way; thence South-Southeasterly along said right-of-way an arc distance of 47 feet to a point; thence leaving said right-of-way and traveling Eastwardly a distance of 125 feet to a point; thence Northerly a distance of 29 feet to a point; thence Northwesterly a distance of 213 feet to a point, said point being the true point of beginning.
Tax Parcel #7-161-19, 19B, 20, 21, and 242
All that tract or parcel of land lying and being in Land Lot 161, 7th District, Gwinnett County, Georgia, and being more particularly described as follows:
To find the true point of beginning, commence at the corner formed by the intersection of the Southeasterly side of Lake View Drive with the Northeasterly side of Norman Circle; run thence Northeasterly along the Southeasterly side of Lake View Drive, 300 feet to a point; run thence Northwesterly along the Northeasterly side of Lake View Drive, 146 feet to the true point of beginning; running thence North 33 degrees 50 minutes West along the Northeasterly side of Lake View Drive, 400 feet to a point; running thence North 46 degrees 10 minutes East, 110.4 feet to the edge of Lake Norman; running thence in a generally Southeasterly direction along the edge of Lake Norman, and following the meanderings thereof, 450 feet, more or less, to a point; running thence South 56 degrees 10 minutes West, 167.9 feet to the Northeasterly side of Lake View Drive and the point of beginning; being improved property having a house thereon known as 3166 Lake View Drive, according to the present system of numbering houses in the City of Duluth, Georgia.
Tax Parcel #7-161-19A
All that tract or parcel of land lying and being in Land Lot 161 of the 7th District, Gwinnett County, Georgia, and being more particularly described as follows:
To find the true point of beginning, commence at the corner formed by the intersection of the Southeasterly side of Lake View Drive with the Northeasterly side of Norman Circle; run thence Northeasterly along the Southeasterly side of Lake View Drive 300 feet to a point; run thence Northwesterly along the Northeasterly side of Lake View Drive 46 feet to the true point of beginning; run thence North 33 degrees 50 minutes West along the North easterly side of Lake View Drive 100 feet to a point; run thence North 56 degrees 10 min utes East 167.9 feet to the edge of Lake Norman; run thence in a generally Southeasterly direction along the edge of Lake Norman, and following the meandering thereof 105 feet, more or less, to a point; run thence South 56 degrees 10 minutes West 134.9 feet to the Northeasterly side of Lake View Drive and the point of beginning.
Tax Map Parcel #6-292-8
All that tract or parcel of land lying and being in Land Lots 265 and 292 of the 6th Land District of Gwinnett County, Georgia, containing eight (8) acres, more or less, bounded on the North by lands now or formerly owned by C. R. Bailey, on the East by lands now or formerly owned by the M. T. McDaniel Estate; on the South by lands now or formerly owned by C. D. Pittard and on the West by a road separating this land and land known as the Woodrow Wilson Subdivision. Being part of Tract 5, all of Tract 6, and all of Tract 9 of the J. L. Hall property as shown on survey of G. L. Veal, Surveyor, October 5, 1915, and being all of said three tracts except that portion now owned by C. R. Bailey, and being the same land conveyed to T. L. Smallwood by Mary Overby by Deed dated Septem ber 1, 1952, recorded in Deed Book 105, Page 253, Deed Records of Gwinnett County, Georgia.

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1993

Said property also being the same property described in a Warranty Deed recorded in Deed Book 890, Page 209, which Deed is incorporated herein by reference for a more partic ular description.
Tax Map Parcel #6-267-41
All that tract or parcel of land lying and being in Land Lot 267 of the 6th District, Gwinnett County, Georgia, and being more particularly described as follows:
Beginning at an iron pin at the intersection of the Northwesterly line of the right-ofway of the Southern Railroad (200 foot right-of-way) with the Northeasterly line of the right-of-way of Berkeley Lake Road, also known as McGee Road, North (a varying right-ofway, being an 80 foot right-of-way at said iron pin); thence running North 55 degrees 43 minutes West along the Northeast line of the right-of-way of Berkeley Lake Road, 210.3 feet to an iron pin; thence continuing Northwesterly along the Northeasterly side of said rightof-way and following the curvature thereof an arc distance of 233.64 feet (said arc being subtended by a chord bearing North 48 degrees 21 minutes 50 seconds West a chord dis tance of 232.98 feet) to an iron pin at the most Southerly corner of property now or formerly owned by the Gwinnett County Water Authority; thence running North 59 degrees 07 min utes East 100 feet to an iron pin; thence running North 37 degrees 29 minutes West 150 feet to an iron pin; thence running South 59 degrees 01 minutes West 100 feet to an iron pin on the Northeasterly line of the right-of-way of Berkeley Lake Road; thence running North westerly along the Northeasterly line of said right-of-way and following the curvature thereof an arc distance of 28.83 feet (said arc being subtended by a chord bearing North 25 degrees 44 minutes West a chord distance of 28.83 feet) to an iron pin; thence running South 60 degrees 02 minutes West along said right-of-way 10 feet to an iron pin located on said right-of-way (said right-of-way narrowing to a 60 foot right-of-way at said iron pin); thence running North 30 degrees 07 minutes West along the Northeasterly line of said rightof-way 894.9 feet to an iron pin; thence running North 58 degrees 31 minutes East 1,215.2 feet to an iron pin; thence running South 31 degrees 19 minutes 08 seconds East 1,311.86 feet to an iron pin on the Northwesterly line of the Southern Railroad right-of-way; thence running South 49 degrees 05 minutes West along the Northwesterly line of said right-of-way 1,070.5 feet to the point of beginning; all as is more particularly shown on a plat of survey for the Russell Corporation prepared by Bates-Long & Associates, stamped by J. Paul Bates, Registered Land Surveyor Number 936 and stamped by Fred Wilson Long, Regis tered Land Surveyor Number 1685, dated January 24, 1985.
Tax Map Parcel #6-267-26
All that tract or parcel of land lying and being in Land Lots 266, 267, and 290 of the 6th Land District of Gwinnett County, Georgia, and being more particularly described as follows:
Begin at the corner common to Land Lots 266, 267, 290 and 291 of the 6th Land Dis trict of Gwinnett County, Georgia, and from said corner proceed thence North 57 degrees 15 minutes East along the Southeast land lot line of Land Lot 291 a distance of 92.0 feet to an iron pin; proceed thence South 31 degrees 29 minutes East a distance of 782.5 feet to an iron pin; proceed thence South 58 degrees 31 minutes West a distance of 1,537.1 feet to an iron pin located on the Northeasternmost right-of-way line of McGee Road North (a 60 foot right-of-way at this point); proceed thence along the aforesaid Northeasternmost right-ofway the following bearings and distances: North 30 degrees 01 minutes West a distance of 600 feet to a point; North 29 degrees 02 minutes West a distance of 300 feet to a point; North 26 degrees 59 minutes West a distance of 180 feet to a point; North 24 degrees 52 minutes West a distance of 180 feet to a point; North 24 degrees 52 minutes West a distance of 125.0 feet to a point; North 27 degrees 12 minutes West a distance of 47.3 feet to a point. Proceed thence in a Northwesterly direction along the aforesaid Northeasternmost right-ofway line following the curvature thereof an arc distance of 110.15 feet to a point, said arc being subtended by a chord 110.11 feet in length and bearing North 25 degrees 51 minutes West; proceed thence in an offset along the aforesaid Northeasternmost right-of-way line North 60 degrees 06 minutes East a distance of 10 feet to a point; proceed thence in a

1994

JOURNAL OF THE SENATE

Northwesterly direction along the aforesaid Northeasternmost right-of-way line following the curvature thereof an arc distance of 206.12 feet to an iron pin, said arc being subtended by a chord 205.91 feet in length and bearing North 34 degrees 24 minutes West; proceed thence North 59 degrees 14 minutes East a distance of 1,367.8 feet to an iron pin located on the Easternmost land lot line of Land Lot 290; proceed thence along the aforesaid Eastern most land lot line of Land Lot 290 South 32 degrees 00 minutes East a distance of 767.7 feet to a point marking the corner common to Land Lots 166, 267, 290 and 291 which common corner is the point of beginning. Said tract or parcel of land containing 52.105 acres and being more particularly shown on that survey for Atlanta Warehouse Associates Limited Partnership, et al, prepared by Bates-Long & Associates, dated January 17, 1984, which survey is incorporated herein by this reference.
Tax Map Parcel #7-203-45
All that tract or parcel of land lying and being in the 7th Land District of Gwinnett County, Georgia, on the Rogers Ferry Road, being bounded on the Northeast by the Rogers Ferry Road, on the Southeast and Southwest by property now or formerly owned by Mrs. Dessie Phillips, and on the Northwest by property now or formerly owned by L. R. Echols and A. M. Bagwell, being more particularly described as follows:
Beginning at a common corner with A. M. Bagwell on the West side of the Rogers Ferry Road and running thence Southeast along said road a distance of 75 feet to a corner with Mrs. Dessie Phillips; thence running Southwest a distance of 300 feet to a corner with Mrs. Dessie Phillips; thence running Northwest a distance of 75 feet to a common corner with Mrs. Dessie Phillips and L. R. Echols; thence running along the property lines of L. R. Echols and A. M. Bagwell in a Northeasterly direction a distance of 300 feet to the corner of A. M. Bagwell on said Rogers Ferry Road, being the point of beginning. This is a portion of the same land conveyed by Warranty Deed from C. C. Howell and Leo Howell to Mrs. Dessie Phillips dated September 2, 1949, and recorded in Deed Book 88, Page 602, Gwinnett County Records.
Tax Map Parcel #7-203-44
All that tract or parcel of land lying and being in the 7th Land District of Gwinnett County, Georgia, on the Rogers Ferry Road, being bounded on the Northeast by the Rogers Ferry Road; on the Southeast by land now or formerly owned by L. Howell; on the South west by land now or formerly owned by Mrs. Dessie Martin and on the Northwest by land now or formerly owned by John C. Phillips, and being more particularly described as follows:
Beginning at a common corner with John C. Phillips on the West side of the Rogers Ferry Road and running thence Southeast along said road a distance of 88.68 feet, more or less, to a corner with L. Howell; thence running Southwest along the property of L. Howell a distance of 300 feet to a corner on the property of Mrs. Dessie Phillips; thence running Northwest along the property of Mrs. Dessie Phillips a distance of 88.68 feet, more or less, to a common corner with Mrs. Dessie Howell and John C. Phillips; thence running North east along the property of John C. Phillips a distance of 300 feet to the Rogers Ferry Road and the point of beginning.
This is a portion of the same land conveyed by Warranty Deed from C. C. Howell and L. Howell to Mrs. Dessie Phillips, dated September 2, 1949, and recorded in Deed Book 88, Page 602, Gwinnett County Records.
Tax Map Parcel #6-267-2
All that tract or parcel of land lying and being in Land Lot 267 of the 6th Land Dis trict, Parcel 2, Gwinnett County, Georgia, and being more particularly described as follows:
Beginning at a point bound on the north by the Southern Railway right-of-way, on the East by lands now or formerly of Wykle Estate, on the Southeast by Old Peachtree Road and coming to a point near an overhead bridge on right-of-way of Southern Railway, being

THURSDAY, MARCH 12, 1987

1995

part of Land Lot Number 267 consisting of one (1) acre, more or less, (14/15 of an acre, more or less).
Said property having been awarded to Mrs. W. C. McKerley by an order of the Court of Ordinary of Gwinnett County, Georgia, as a one years support after the death of her hus band, W. C. McKerley, same being recorded in Estate Number J-5115, Page 198, of said Court of Ordinary, said property also having been previously conveyed to her husband by J. H, McKerley, said Warranty Deed being recorded in Book 67, Page 103, of the Property Records in the Office of the Clerk of Superior Court of Gwinnett County, Georgia; said property also having been conveyed by Mrs. W. C. McKerley to E. Carl Davis and Randall Porter, by Warranty Deed recorded in Gwinnett County, Georgia Records.
District 7, Land Lot 161, Parcels 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, and 163.
All that tract or parcel of land lying and being in Land Lot 161 of the 7th Land District of Gwinnett County, Georgia and being designated as Lots 1, 2, 3, 4, 5, 6, 7, and 8 of Block A, Unit 1, Norman Forest Subdivision as shown on a subdivision plat prepared by Hannon, Meeks & Bagwell dated May 19, 1981, which plat is recorded in Plat Book 15, Page 241, Gwinnett County, Georgia Records, and which plat is incorporated herein by reference for a more particular description.
All that tract or parcel of land lying and being in Land Lot 161 of the 7th Land District of Gwinnett County, Georgia and being designated as Lots 1, 2, and 3 of Block B, Unit 1, Norman Forest Subdivision as shown on a subdivision plat prepared by Hannon, Meeks & Bagwell dated May 19, 1981, which plat is recorded in Plat Book 15, Page 241, Gwinnett County, Georgia Records, and which plat is incorporated herein by reference for a more particular description.
All that tract or parcel of land lying and being in Land Lot 161 of the 7th Land District of Gwinnett County, Georgia and being designated as Lots 1, 2, 3, 4, and 5 of Block C, Unit 1, Norman Forest Subdivision as shown on a subdivision plat prepared by Hannon, Meeks & Bagwell dated May 19, 1981, which plat is recorded in Plat Book 15, Page 241, Gwinnett County, Georgia Records, and which plat is incorporated herein by reference for a more particular description.
Tax Map Parcel #6-295A-9, 11, 16, 17, 18, 22, 23, and 24
All that tract or parcel of land lying and being in Land Lot 295A of the 6th Land District, Gwinnett County, Georgia, and being designated as Lots 2 and 4 of Block A, Lots 2, 3, and 4 of Block B, and Lots 4, 5, and 6 of Block C, of the subdivision of the property of Dr. M. Mason as shown on a plat of survey prepared by S. R. Fields, dated April 27, 1959, which plat is incorporated in Plat Book H, Page 133, Gwinnett County, Georgia Records, and which plat is incorporated herein by reference for a more particular description.
Tax Map Parcel #6-267-8A
All that tract or parcel of land lying and being in Land Lot 267 of the 6th District, Gwinnett County, Georgia, being designated as Tax Parcel Number 6-267-8A, and being more particularly described as follows:
Beginning at a point where the Northwest right-of-way of U. S. Highway Number 23 intersects the line common to Land Lots 267 and 266, 6th District, running thence South westerly along said right-of-way of U. S. Highway Number 23 a distance of 65.2 feet to a point, said point being the true point of beginning; thence continuing Southwesterly along said right-of-way of U. S. Highway Number 23, 100 feet to a point; thence Northwesterly an arc distance of 391 feet to a point on the Southeast right-of-way of the Southern Railroad; thence Northeasterly along said right-of-way of Southern Railroad a distance of 456.52 feet to a point; thence Southeast a distance of 365.21 feet to a point on the right-of-way of U. S. Highway Number 23, said point being the true point of beginning. Said tract contains 1.81 acres, more or less.
Tax Map Parcel #6-266-10

1996

JOURNAL OF THE SENATE

All that tract or parcel of land lying and being in Land Lot 266 of the 6th District, Gwinnett County, Georgia, and being designated as the Northern portion of Tax Parcel 6266-10 according to the Gwinnett County Tax Maps, and being more particularly described as follows:
Beginning at a point on the Southwest right-of-way of Pleasant Hill Road where said right-of-way intersects with the Northwest right-of-way of U. S. Highway Number 23, which is the point of beginning; running thence Northwesterly along said right-of-way of Pleasant Hill Road a distance of 283 feet to a point on the Southeast right-of-way of the Southern Railroad; running thence Southwesterly along said right-of-way of Southern Railroad a dis tance of 1,206.25 feet to a point; thence Southeasterly a distance of 355 feet to a point on the Northwest right-of-way of U. S. Highway Number 23; thence Northeasterly along said right-of-way an arc distance of approximately 962.5 feet to a point on the Southwest rightof-way of Pleasant Hill Road, said point being the true point of beginning.
Tax Map Parcel #6-265-36, 35, 34A, 34 and 33
All that tract or parcel of land lying and being in Land Lot 265 of the 6th Land District of Gwinnett County, Georgia, being Lot Numbers 10, 11, 12, 13, 14, 15, 16, 17, 18, and 19 of the subdivision of land known as the Mack Pittard property, as shown on a subdivision of the same as per a plat by H. L. Dunahoo, Surveyors, prepared December, 1946, a copy of which is recorded in Plat Book D, Page 209, in the Office of the Clerk of Superior Court of Gwinnett County, Georgia, and which by reference is incorporated herein and made a part of this description.
Tax Map Parcel #6-264-131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, and 151
All that tract or parcel of land lying and being in Land Lot 264 of the 6th Land Dis trict, Gwinnett County, Georgia, being designated as Lots 30, 31, 32, 33, 34, 35, 36, 37, and 38 of Block M, and Lots 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, and 47 of Block P, Unit 6, Forest Manor North Subdivision, as shown on a subdivision plat dated June 1, 1977, re corded in Plat Book 6, Page 104; Gwinnett County, Georgia Records, which plat is incorpo rated herein by reference for a more particular description.
Tax Map Parcel #6-264-168, 169, and 170
All that tract or parcel of land lying and being in Land Lot 264 of the 6th Land Dis trict, Gwinnett County, Georgia, being designated as Lots 4, 5, and 6 of Duluth Manor Sub division, as shown on a subdivision plat dated January 3, 1979, recorded in Plat Book 10, Page 145, Gwinnett County, Georgia Records, which plat is incorporated herein by reference for a more particular description.
Tax Map Parcel #6-264-174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 198, 199, 200, 201, 202, 203, 204, 205, and 206
All that tract or parcel of land lying and being in Land Lot 264 of the 6th Land Dis trict, Gwinnett County, Georgia, being designated as Lots 13, 14, 15, 16, 17, 18, 19, 20, 21, 22. 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, and 34 of Block Q, and Lots 17, 18, 19, 20, 21, 22, 23. 24, 25, 26, and 27 of Block P, Forest Manor North Subdivision, Unit 7, as shown on a subdivision plat dated May 3, 1979, recorded in Plat Book 10, Page 144, Gwinnett County, Georgia Records, which plat is incorporated herein by reference for a more particular description.
Tax Map Parcel #6-264-88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, and 101
All that tract or parcel of land lying and being in Land Lot 264 of the 6th Land Dis trict, Gwinnett County, Georgia, being designated as Lots 11 and 12 of Block Q, and Lots 28, 29, 30, 31, 32, 33, 34, and 35 of Block P, and Lots 26, 27, 28, and 29 of Block M, Forest Manor North Subdivision, Unit 5, as shown on a subdivision plat dated October 7, 1975, recorded in Plat Book 3, Page 272, Gwinnett County, Georgia Records, which plat is incor porated herein by reference for a more particular description.

THURSDAY, MARCH 12, 1987

1997

The area described above is intended to include, and is hereby declared to include, all of the property included in the Tax Parcels set forth below, as those Tax Parcels are shown on the Tax Maps of Gwinnett County as of January 1, 1987, and all of the public roadways and right-of-ways adjacent to those parcels:

6-290-05 6-267-26 6-267-41 6-267-3B 6-267-48 6-267-02 6-267-16 6-267-46 6-267-8A 6-266-7A 6-266-27 6-266-32 6-266-21 6-266-10 6-291-07 6-291-01 6-265-36 6-265-35 6-265-34A 6-265-34 6-265-33 6-292-33 6-292-34A 6-292-34 6-292-35 6-292-36 6-292-37 6-292-32 6-292-31 6-292-51 6-292-30 6-292-29 6-292-28 6-292-10 6-292-07 6-292-17 6-292-14 6-292-12 6-292-15 7-161-22A 7-161-22 7-161-14K 7-161-14J

7-161-141 7-161-14D 7-161-14C 7-161-25 7-161-14B 7-161-19A 7-161-19 7-161-19B 7-161-20 7-161-21 7-171-13A 7-161-14E 7-161-14F 7-161-14H 7-161-124 7-161-144 7-161-242 7-161-148 7-161-149 7-161-150 7-161-151 7-161-152 7-161-153 7-161-154 7-161-155 7-161-249 7-161-156 7-161-157 7-161-158 7-161-159 7-161-160 7-161-161 7-161-162 7-161-163 7-202-43 7-203-44 6-295A-16 6-295A-17 6-295A-18 6-295A-11 6-295A-23 7-203-45 7-203-48

7-203-50 7-203-92 6-328-01 6-324-13 6-295A-22 6-295A-24 6-295A-09 6-295A-07 6-264-185 6-264-186 6-264-187 6-264-188 6-264-189 6-264-190 6-264-191 6-264-192 6-264-193 6-264-194 6-264-195 6-264-196 6-264-197 6-264-198 6-264-199 6-264-200 6-264-201 6-264-202 6-264-203 6-264-204 6-264-205 6-264-206 6-264-89 6-264-88 6-264-90 6-264-174 6-264-175 6-264-176 6-264-177 6-264-178 6-264-179 6-264-180 6-264-181 6-264-182 6-264-183

6-264-184 6-264-91 6-264-92 6-264-93 6-264-94 6-264-95 6-264-96 6-264-97 6-264-142 6-264-141 6-264-140 6-264-139 6-264-138 6-264-137 6-264-136 6-264-135 6-264-134 6-264-133 6-264-132 6-264-131 6-264-151 6-264-150 6-264-149 6-264-148 6-264-147 6-264-146 6-264-145 6-264-144 6-264-143 6-264-98 6-264-99 6-264-100 6-264-101 6-264-168 6-264-169 6-264-170 6-264-27 6-264-307 6-264-308 6-264-309 7-201-20 6-292-64 6-292-08

On the adoption of the substitute, the yeas were 48, nays 0, and the substitute was adopted.

*HB 961:

The Senate Committee on Urban and County Affairs offered the following substitute to HB 961:

1998

JOURNAL OF THE SENATE

A BILL

To be entitled an Act establishing the compensation of certain officials in Richmond County, approved April 12, 1982 (Ga. L. 1982, p. 3941), as amended, particularly by an Act approved March 28, 1985 (Ga. L. 1985, p. 5003), so as to change the compensation of certain officials; to provide for the payment of such compensation; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. An Act establishing the compensation of certain officials in Richmond County, approved April 12, 1982 (Ga. L. 1982, p. 3941), as amended, particularly by an Act approved March 28, 1985 (Ga. L. 1985, p. 5003), is amended by striking in its entirety Sec tion 1 thereof and inserting in lieu thereof a new Section 1 to read as follows:

"Section 1. (a) The following officials of Richmond County, Georgia, shall receive an annual salary, payable from the funds of Richmond County, Georgia, as follows:

(1) Clerk of superior court and state court

$34,688.00

(2) Judge of the probate court .... . ............................ 36,771.00

(3) Tax commissioner

40,300.00

(4) Judge of the state court

55,000.00

(5) Solicitor of the state court

...... ............................ 21,800.00

(6) Coroner. ............ . ......... ................................ 20,000.00

(7) Judge of the civil court

............................... 39,267.00

(8) Associate judge of the civil court.................................... 39,847.00

(9) Chairman of the board of commissioners

10,600.00

(10) Member of the board of commissioners .............................. 8,200.00

(11) District attorney............... ................................... 9,900.00

(12) Judge of the superior court

12,981.00

(13) Sheriff ............... ........... .............................. 42,150.00

(b) The compensation provided for in subsection (a) of this section shall be paid in equal monthly installments."

Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without 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 48, nays 0, and the substitute was adopted.

*HB 1143:

The Senate Committee on Urban and County Affairs offered the following substitute to HB 1143:

A BILL
To be entitled an Act to amend an Act reincorporating the City of Marietta, approved March 23, 1977 (Ga. L. 1977, p. 3541), as amended, so as to change the corporate limits of the city; to repeal conflicting laws; and for other purposes.

THURSDAY, MARCH 12, 1987

1999

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act reincorporating the City of Marietta, approved March 23, 1977 (Ga. L. 1977, p. 3541), as amended, is amended by adding two new subsections at the end of Section 1.4, to be designated subsections (g) and (h), respectively, to read as follows:
"(g) Any other provision of this section to the contrary notwithstanding, the following described property is hereby deannexed and excluded from the corporate limits of the City of Marietta:
All that tract or parcel of land lying and being in Land Lot 650 of the 17th District, 2nd Section, Cobb County, Georgia, and being all of Lot 9, Block B, Revised Section 2, Meadowbrook Subdivision, as shown on a plat of survey prepared by Merritt & Welker, Engineers, recorded in Plat Book 16, Page 121, Cobb County Records, and being more particularly described as follows:
BEGINNING at a point on the easterly right of way line of Meadowbrook Drive, 684.6 feet southerly as measured along the easterly right of way line of said Meadowbrook Drive, and following the curvature thereof from the intersection of the easterly right of way line of said Meadowbrook Drive with the south right of way line of Mayes Drive, said point of beginning also being located at the southwest corner of Lot 8, said subdivision, section, block and plat; running thence south along the east right of way line of said Meadowbrook Drive for a distance of 80 feet to an iron pin and corner located at the northwest corner of Lot 10, said subdivision, section, block and plat; running thence easterly along the northerly line of said Lot 10, forming an interior angle of 90 degrees 10 minutes with the last de scribed course for a distance of 150 feet to an iron pin and corner; running thence north, forming an interior angle of 89 degrees 50 minutes with the last described course, for a distance of 80 feet to an iron pin and corner located at the southeast corner of said Lot 8; running thence west along the south line of said Lot 8, for a distance of 150 feet to an iron pin and corner and the point of beginning. This being improved property having thereon a dwelling known as 138 Meadowbrook Drive according to the present system of numbering houses in Cobb County, Georgia."
"(h) The corporate limits of the city shall further include the following tract or parcel of land:
All that tract or parcel of land lying and being in Land Lot No. 797, of the 16th Dis trict, 2nd Section, Cobb County, Georgia, as per plat by Clifton E. Phillips, Surveyor, dated August 31, 1979, and more particularly described as follows:
BEGINNING at the common corners of Land Lot 797, 788, 787 and 798, said corners being the northeast corner of Land Lot 797; running thence South 1 degree 00' West, 313 feet to an iron pin; running thence North 41 degrees 28' West, 113.7 feet to a concrete rightof-way marker; running thence North 62 degrees 06' West, 159 feet to a concrete right-ofway marker; running thence North 63 degrees 59' West, 242 feet to a concrete right-of-way marker; running thence North 38 degrees 59' West, 72.6 feet to an iron pin; running thence South 89 degrees 00' East, 484.7 feet to the common land lot corners of Land Lots 797, 788, 787 and 798, to the point of beginning."
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.
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:

2000

JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun of 46th Bryant Burton Coleman Dawkins Deal Dean Echols Edge

English Fincher Foster Garner Harris Harrison Howard Hudgins Huggins Kennedy Kidd Land 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 not voting were Senators:

Brown of 47th (excused) Coverdell Crumbley

Engram Gillis

Hine Peevy

On the passage of all the local bills, the yeas were 48, nays 0.

All the bills on the Senate Local Consent Calendar, except HB 732, HB 961 and HB 1143, having received the requisite constitutional majority, were passed.

HB 732, HB 961 and HB 1143, having received the requisite constitutional majority, were passed by substitute.

The following bill of the Senate was taken up for the purpose of considering the House amendment thereto:

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 House amendment was as follows:

Amend SB 274 by striking on line 23 of page 1 the following: "five",

and inserting in lieu thereof the following: "seven".

Senator Barnes of the 33rd moved that the Senate agree to the House amendment to SB 274.

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 Brannon

THURSDAY, MARCH 12, 1987

2001

Broun of 46th Bryant Burton Crumbley Dawkms ED,,Edcehg,aoenl.s
English Foster Garner Harris Harrison

Hine Howard Hudgins Huggins Kennedy iLLKaaidnndgdjford
McGill McKenzie Newbill Olmstead Perry

Phillips Ragan Ray Scott of 36th Shumake S0S0 t,t, uarmr b, augh,
Tate Timmons Tolleson Turner Tysinger

Those not voting were Senators:

Bowen Brown of 47th (excused) Coleman Coverdell

Deal Engram Fincher Gillis

Peevy Scott of 2nd Walker

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 274.

The following bills of the House and Senate were taken up for the purpose of consider ing the House action thereon:

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.

Senator Baldwin of the 29th moved that the Senate adhere to the Senate substitute to HB 289 and that a Conference Committee be appointed.

On the motion, the yeas were 32, nays 1; the motion prevailed, and the Senate adhered to the Senate substitute to HB 289.

The President appointed as a Conference Committee on the part of the Senate the following:

Senators Baldwin of the 29th, Edge of the 28th and Scott of the 2nd.

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.

Senator Hudgins of the 15th moved that the Senate adhere to the Senate substitute to HB 290 and that a Conference Committee be appointed.

2002

JOURNAL OF THE SENATE

On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 290.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Kidd of the 25th, Walker of the 43rd and Hudgins of the 15th.
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.
Senator Perry of the 7th moved that the Senate adhere to its disagreement to the House amendment to SB 209 and that a Conference Committee be appointed.
On the motion, the yeas were 30, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House amendment to SB 209.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Perry of the 7th, Turner of the 8th and Kidd of the 25th.
The following bills of the Senate were taken up for the purpose of considering the House substitutes thereto:
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 House substitute to SB 256 was as follows:
A BILL
To be entitled an Act 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 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; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 6 of Title 13 of the Official Code of Georgia Annotated, relating to damages and costs in actions based on contracts, is amended by adding at the end of said chapter a new Code section, to be designated Code Section 13-6-15, to read as follows:
"13-6-15. (a) Notwithstanding any criminal sanctions which may apply, any person who makes, utters, draws, or delivers any check, draft, or order upon any bank, depository, per son, firm, or corporation for the payment of money, which drawee refuses to honor the in strument for lack of funds or credit in the account from which to pay the instrument or because the maker has no account with the drawee, and who fails to pay the same amount in

THURSDAY, MARCH 12, 1987

2003

cash to the payee named in the instrument within 30 days after a written demand therefor, as provided in subsection (c) of this Code section, has been delivered to the maker by certi fied mail shall be liable to the payee, in addition to the amount owing upon such check, draft, or order, for damages of double the amount so owing, but in no case more than $500.00, and any court costs incurred by the payee in taking the action.
(b) The payee may charge the maker of the check, draft, or order a service charge not to exceed $15.00 or 5 percent of the face amount of the instrument, whichever is greater, when making written demand for payment.
(c) Before any recovery under subsection (a) or (b) of this Code section may be claimed, a written demand in substantially the form which follows shall be sent by certified mail to the maker of the instrument at the address shown on the instrument:
'You are hereby notified that a check or instrument numbered ______, issued by you _(date), drawn upon______(name of bank), and payable to------------, has
been dishonored. Pursuant to Georgia law, you have 30 days from receipt of this notice to tender payment of the full amount of the check or instrument plus a service charge of $15.00 or 5 percent of the face amount of the check or instrument, whichever is greater, the total amount due being $_____. Unless this amount is paid in full within the 30 day period, the holder of the check or instrument may file a civil suit against you for two times the amount of the check or instrument, but in no case more than $500.00, in addition to the payment of the check or instrument plus any court costs incurred by the payee in taking the action.'
(d) For purposes of this Code section, the holder of the dishonored check, draft, or order shall file the action in the county where the defendant resides.
(e) It shall be an affirmative defense, in addition to other defenses, to an action under this Code section if it is found that:
(1) Full satisfaction of the amount of the check or instrument plus the applicable ser vice charge was made prior to the commencement of the action;
(2) The bank or depository erred in dishonoring the check or instrument; or
(3) The acceptor of the check or instrument knew at the time of acceptance that there were insufficient funds on deposit in the bank or depository with which to cause the check or instrument to be honored.
(f) In an action under this Code section, the court or jury may, however, waive all or part of the double damages upon finding that the defendant's failure to satisfy the dishon ored check or instrument was due to the defendant receiving a dishonored check or instru ment written to the defendant by another party.
(g) Subsequent to the commencement of the civil action under this Code section, but prior to the hearing, the defendant may tender to the plaintiff as satisfaction of the claim an amount of money equal to the sum of the amount of the dishonored check, service charges on the check, and any court costs incurred by the plaintiff in taking the action.
(h) In an action under this Code section, if the court or jury determines that the failure of the defendant to satisfy the dishonored check was due to economic hardship, the court or jury has the discretion to waive all or part of the double damages. However, if the court or jury waives all or part of the double damages, the court or jury shall render judgment against the defendant in the amount of the dishonored check plus service charges on the check and any court costs incurred by the plaintiff in taking the action."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Senator Coleman of the 1st moved that the Senate agree to the House substitute to SB 256.

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JOURNAL OF THE SENATE

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Brannon Broun of 46th Bryant B,C-, ou,lretomnan Coverdell Crumbley
Dawkins
Dean
Echols Edge

English Engram Foster Garner Gillis Harrison Hme HMi_ruudgggii nnss Kennedy Land
Langford
McGill
McKenzie Newbill

Olmstead Perry Ragan Rav Scott of 36th Shumake Starr ST,-.t,autme b, aug6h,
Timmons
Tolleson Turner
Tysinger Walker

Voting in the negative were Senators Deal and Peevy.

Those not voting were Senators:

Barker Bowen Brown of 47th (excused)

Fincher Harris Howard

Kidd Phillips Scott of 2nd

On the motion, the yeas were 44, nays 2; the motion prevailed, and the Senate agreed to the House substitute to SB 256.

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 House substitute to SB 133 was as follows:

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.

THURSDAY, MARCH 12, 1987

2005

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, 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 a separate 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.

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Section 3. Said article is further amended by striking Code Section 34-9-284, relating to 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 or the last date the employee was employed by any employer, whichever date would provide the higher average weekly wage for such em ployee, shall be deemed 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

THURSDAY, MARCH 12, 1987

2007

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.
(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 by other competent medical evidence."
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 Dawkins of the 45th moved that the Senate agree to the House substitute to SB 133.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin
Barnes Brannon
Broun of 46th BBCou^lretfom1n1an Coverdell Crumbley Dawkins Deal Dean Echols Edge

English Engram Foster
Garner Gillis
Harrison H,,"ionweard, Hu^ lns Kennedy Kidd Land Langford McGill McKenzie

Newbill Perry Phillips
Ragan Ray
Scott of 36th Sc|th,aurmr ake Stumbaugh Tate Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Barker Bowen Brown of 47th (excused)

Fincher Harris Hudgins

Olmstead Peevy Scott of 2nd

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 133.

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.

THURSDAY, MARCH 12, 1987

2009

The House substitute to SB 132 was as follows:
A BILL
To be entitled an Act to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to 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 certain insurers to maintain an office and agents in this state for the purpose of handling claims and executing instruments for the payment of compensa tion; 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 conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 9 of Title 34 of the Official Code of Georgia 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 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

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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 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 5. 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 6. 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 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 7. 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 132.

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

Bryant Burton Coleman

THURSDAY, MARCH 12, 1987

2011

Coverdell Crumbley Dawkins Dean Echols Edge English Engram Foster Garner Gillis Harrison Hine

Howard Hudgins Huggins Kennedy Kidd Land Langford McGill McKenzie Newbill 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:

Barker Bowen Brown of 47th (excused)

Deal Fincher

Harris Olmstead

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 132.

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 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.

The following bill of the House was taken up for the purpose of considering the House action thereon:

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.

Senator Brannon of the 51st moved that the Senate insist upon the Senate amendments to HB 949.

On the motion, the yeas were 31, nays 0; the motion prevailed, and the Senate insisted upon the Senate amendments to HB 949.

The following bills of the Senate were taken up for the purpose of considering the House substitutes thereto:

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-

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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 House substitute to SB 170 was as follows:
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 change the provisions relating to appointment of clerks by probate judges; 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, relating 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 appointment 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 com missioner; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 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 discharge the duties of 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 there are six months or less remaining in a term of office, the chief deputy clerk shall discharge the duties of the clerk of the superior court for the remainder of the unexpired term of office; or
(2) If there are more than six months remaining in a term of office, the chief deputy clerk shall discharge the duties of the clerk of the superior court until such vacancy is filled for the unexpired term of office by a special 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 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 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 discharge the duties of the office of the judge of the probate court. The chief clerk of the probate judge shall receive such compensation for performing the duties of such judge as provided for by the governing authority of the county.

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2013

(b) Vacancies in the office of judge of the probate court having a chief clerk as provided for in subsection (a) of this Code section shall be filled as follows:
(1) If there are six months or less remaining in a term of office, the chief clerk shall discharge the duties of the judge of the probate court for the remainder of the unexpired term of office; or
(2) If there are more than six months remaining in a term of office, the chief clerk shall discharge the duties of the judge of the probate court until such vacancy is filled for the unexpired term of office by a special 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 upon the incapacity or inabil ity of such probate judge to serve until such incapacity or inability is removed or for the remainder of the unexpired term of office, whichever occurs first."
Section 3. Said title is further amended by striking subsection (a) of Code Section 15-936, 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 4. 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 a successor is duly elected in a special election which shall be held at the time of the next general election to serve out the remainder of the unexpired term of office."
Section 5. 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 a successor is duly elected in a special election which shall be held at the time of the next general election to serve out the remainder of the unexpired term of office."
Section 6. 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 7. 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 discharge the duties of the office of such appointing tax official if a vacancy occurs. Such chief deputy shall receive such compensation for performing such duties as provided for by the governing authority of the county.
(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 there are six months or less remaining in a term of office, such chief deputy shall discharge the duties of such appointing tax official for the remainder of the unexpired term of office; or
(2) If there are more than six months remaining in a term of office, such chief deputy shall discharge the duties of such appointing tax official until such vacancy is filled for the unexpired term of office by a special 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 upon the inca pacity or inability of such appointing tax official to serve until such incapacity or inability is removed or for the remainder of the unexpired term of office, whichever occurs first."
Section 8. This Act shall become effective on July 1, 1987 and shall apply to any va cancy existing or arising after that date.
Section 9. All laws and parts of laws in conflict with this Act are repealed.
Senator English of the 21st moved that the Senate disagree to the House substitute to SB 170.
On the motion, the yeas were 29, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SB 170.
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.
The House substitute to SB 296 was as follows:
A BILL
To be entitled an Act to amend an Act placing the sheriff of Gilmer County on a salary in lieu of fees, approved February 28, 1966 (Ga. L. 1966, p. 2480), as amended, particularly by an Act approved April 9, 1981 (Ga. L. 1981, p. 4342), so as to change the provisions relating to the sheriffs deputies; to provide for other personnel within the sheriffs office and their compensation; to change the provisions relating to equipment and supplies for the sheriffs office; to specify the minimum number of police equipped automobiles which shall be furnished for the sheriffs office; 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. An Act placing the sheriff of Gilmer County on a salary in lieu of fees, ap proved February 28, 1966 (Ga. L. 1966, p. 2480), as amended, particularly by an Act ap-

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proved April 9, 1981 (Ga. L. 1981, p. 4342), is amended by striking Section 5 in its entirety and substituting in lieu thereof a new Section 5 to read as follows:
"Section 5. (a) The sheriff shall be authorized to employ deputies and other personnel as follows:
(1) One chief deputy whose compensation shall not exceed $18,000.00 per annum;
(2) Not exceeding six additional deputies whose compensation for each shall not exceed $15,000.00 per annum;
(3) Not exceeding four jailer-radio dispatchers whose compensation for each shall not exceed $12,000.00 per annum; and
(4) One full-time secretary whose compensation shall not exceed $12,000.00 per annum.
(b) The compensation of personnel provided for in subsection (a) of this section shall be fixed by the sheriff and shall be paid from the funds of Gilmer County in equal monthly installments or twice each month in equal installments at the discretion of the governing authority of Gilmer County. With the approval of the governing authority of Gilmer County, the maximum compensation specified for each classification of personnel provided for in subsection (a) of this section may be increased by the sheriff.
(c) Upon the recommendation of the sheriff, the governing authority of Gilmer County may authorize the sheriff to employ personnel in addition to those provided by subsection (a) of this section, either on a part-time or full-time basis. Subject to the approval of the governing authority of Gilmer County, the sheriff shall fix the compensation of such addi tional personnel which shall be paid from the funds of Gilmer County.
(d) It shall be within the sole power and authority of the sheriff during his term of office to designate and name the persons who shall be employed within the Gilmer County sher iffs office and to prescribe their duties and assignments and to remove or replace any such employee at will and within said officer's sole discretion."
Section 2. Said Act is further amended by striking Section 6 in its entirety and substi tuting in lieu thereof a new Section 6 to read as follows:
"Section 6. (a) Subject to the requirements and limitations of subsections (b) and (c) of this section, the necessary operating expenses of the office of the sheriff of Gilmer County shall be paid from any funds of the county available for such purpose. All supplies, uniforms, materials, furnishings, furniture, utilities, motor vehicles, and other equipment and the repair, replacement, and maintenance thereof as may be reasonably required in discharging the official duties of the sheriffs office shall be furnished by the county and shall be paid from any funds of the county available for such purpose.
(b) Gilmer County shall provide a minimum of six police equipped motor vehicles for the exclusive use of the sheriffs office.
(c) The sheriffs deputies shall be responsible for furnishing their own handguns."
Section 3. This Act shall become effective on July 1, 1987.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Senator Brannon of the 51st moved that the Senate agree to the House substitute to SB 296.
On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 296.
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

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identity of the manufacturer of the product allegedly causing injury, death, or damage; to provide exceptions; to define certain terms.

The House substitute to SB 140 was as follows:

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 define a certain term; to provide that a product seller is not liable as a manufacturer in any product liability action based in whole or in part on the doctrine of strict liability in tort; to provide for interpreta tion; to provide for applicability with respect to certain causes of action; 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 inserting immediately following Code Section 51-1-11 a new Code section, to be designated Code Section 51-1-11.1, to read as follows:
"51-1-11.1. (a) As used in this Code section, the term 'product seller' means a person who, in the course of a business conducted for the purpose leases or sells and distributes; installs; prepares; blends; packages; labels; markets; or assembles pursuant to a manufac turer's plan, intention, design, specifications, or formulation; or repairs; maintains; or other wise is involved in placing a product in the stream of commerce. This definition does not include a manufacturer which, because of certain activities, may additionally be included within all or a portion of the definition of a product seller.
(b) For purposes of a product liability action based in whole or in part on the doctrine of strict liability in tort, a product seller is not a manufacturer as provided in Code Section 51-1-11 and is not liable as such.
(c) Nothing contained in this Code section shall be construed to grant a cause of action in strict liability in tort or any other legal theory or to affect the right of any person to seek and obtain indemnity or contribution.
(d) This Code section shall apply to all causes of action accruing on or after July 1, 1987."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Barnes of the 33rd moved that the Senate agree to the House substitute to SB 140.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert
Allgood Baldwin Barnes Bowen Brannon Bryant Burton Coverdell Crumbley Dawkins Dean

Echols
Edge English Engram Foster Garner Gillis Harrison Hine Hudgins Huggins Kennedy

Land
Langford McGill McKenzie Newbill Olmstead Perry Phillips Ragan Ray Scott of 2nd Scott of 36th

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Starr Stumbaugh Tate

Timmons Tolleson

Turner Walker

Those voting in the negative were Senators:

Howard

Shumake

Tysinger

Those not voting were Senators:

Barker Broun of 46th Brown of 47th (excused)

Coleman Deal Fincher

Harris Kidd Peevy

On the motion, the yeas were 43, nays 3; the motion prevailed, and the Senate agreed to the House substitute to SB 140.

The following bill of the House was taken up for the purpose of considering the House action thereon:

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.

Senator Edge of the 28th moved that the Senate insist upon the Senate substitute to HB 557.

On the motion, the yeas were 31, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 557.

The following bill of the Senate was taken up for the purpose of considering the Confer ence Committee report thereon:

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 Conference Committee report on SB 119 was as follows:

The Committee of Conference on SB 119 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 119 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Roy E. Barnes Senator, 33rd District
/s/ Nathan Dean Senator, 31st District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Larry Walker Representative, 115th District
/s/ Thomas E. Lawrence Representative, 49th District

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/s/ Lewis McKenzie Senator, 14th District

/s/ Bobby Lawson Representative, 9th District

Conference Committee 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 in excess of $3,000.00 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 defeat, in any manner, any income tax, penalty, interest, or other amount in excess of $3,000.00 imposed under this chapter, 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.

Senator Barnes of the 33rd moved that the Senate adopt the Conference Committee report on SB 119.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barnes Brannon Broun of 46th Bryant Burton Coleman Coverdell Crumbley Dawkins Dean Echols Edge

Engram Foster Garner Gillis Harrison Hine Hudgins Huggins Kennedy Kidd Land Langford McGill Newbill

Olmstead Peevy Perry Ragan Ray Scott of 2nd Scott of 36th Shumake Stumbaugh Tate Tolleson Turner Tysinger Walker

Those not voting were Senators:

Allgood Barker Bowen

Brown of 47th (excused) Deal English

Fincher Harris Howard

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McKenzie Phillips

Starr

Timmons

On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on SB 119.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has disagreed to the Senate amendments to the following bills of the House:

HB 1035. By Representatives McDonald of the 12th, Murphy of the 18th and Walker of the 115th:
A bill to amend Article 1 of Chapter 9 of Title 10 of the Official Code of Georgia Annotated, relating to general provisions affecting the Geo. L. Smith II Georgia World Congress Center, so as to authorize the Geo. L. Smith II Georgia World Congress Center Authority by contract to exercise its corporate powers with re spect to convention and trade show facilities of counties, municipalities, and local authorities.

HB 1036. By Representatives McDonald of the 12th, Murphy of the 18th and Walker of the 115th:
A bill to amend Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, so as to confirm and provide that the Department of Community Affairs shall have the authority to make grants to counties and municipalities, or combinations thereof, for projects and purposes to the extent and for purposes set forth in appropriations to the department.

The following bill of the House was taken up for the purpose of considering the Confer ence Committee report thereon:

HB 10. By Representatives Lucas of the 102nd, Coleman of the 118th, Hanner of the 131st and Ramsey of the 3rd:
A bill to amend Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to indemnification for law enforcement officers, firemen, and prison guards who are killed or permanently disabled in the line of duty, so as to provide the same indemnification with respect to publicly employed emergency medical technicians who are killed or permanently disabled in the line of duty after a certain date.

The Conference Committee report on HB 10 was as follows:

The Committee of Conference on HB 10 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 10 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Loyce W. Turner Senator, 8th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ David E. Lucas Representative, 102nd District

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/s/ Rooney L. Bowen Senator, 13th District
/s/ Lewis McKenzie Senator, 14th District

/s/ Luther S. Colbert Representative, 23rd District
/s/ William S. Jackson Representative, 83rd District

Conference Committee substitute to HB 10:

A BILL
To be entitled an Act to amend Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to indemnification for law enforcement officers, firemen, and prison guards who are killed or permanently disabled in the line of duty, so as to provide the same indemnification with respect to publicly employed emergency medical technicians who are killed or permanently disabled or who have been killed or permanently disabled in the line of duty after a certain date; to provide indemnification for law enforcement officers, firemen, and prison guards who have been permanently disabled in the line of duty subse quent to January 1, 1973, and prior to January 1, 1979; to change the provisions relating to the purpose of the article; to define certain terms; to change the definition of certain terms; to change the provisions relating to the establishment of the indemnification program; to change the composition of the Georgia State Indemnification Commission; to change the provisions relating to the authority of the General Assembly to make appropriations to the Georgia State Indemnification Fund; to change the provisions relating to the payment of indemnification for death or disability generally; to change the provisions relating to appli cations for indemnification; to provide procedures; to provide for legislative intent; to pro vide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to indemnification for law enforcement officers, firemen, and prison guards who are killed or permanently disabled in the line of duty, is amended by striking in its entirety Code Section 45-9-80, relating to the purpose of said article, and inserting in lieu thereof a new Code Section 45-9-80 to read as follows:
"45-9-80. The purpose of this article is to:
(1) Implement the constitutional amendment ratified November 4, 1976, authorizing the General Assembly to provide by law for the indemnification with respect to the death of law enforcement officers, firemen, or prison guards who are killed or have been killed in the line of duty subsequent to January 1, 1973;
(2) Provide by law for the indemnification with respect to the permanent disability of law enforcement officers, firemen, or prison guards who are permanently disabled or have been permanently disabled in the line of duty subsequent to January 1, 1973; and
(3) Provide by law for the indemnification with respect to the death or permanent disa bility of publicly employed emergency medical technicians who are killed or permanently disabled or who have been killed or permanently disabled in the line of duty subsequent to January 1, 1977."
Section 2. Said article is further amended by striking in its entirety Code Section 45-981, relating to definitions under said Article 5, and inserting in lieu thereof a new Code Section 45-9-81 to read as follows:
"45-9-81. As used in this article, the term:
(1) 'Commission' means the Georgia State Indemnification Commission.
(2) 'Emergency medical technician' includes only persons who:
(A) Are certified as emergency medical technicians, advanced emergency medical tech nicians, or cardiac technicians by the Board of Human Resources; and

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(B) Are employed in the capacity for which they are so certified by a department, agency, authority, or other instrumentality of state or local government.
(3) (A) 'Fireman' means any person who is employed as a professional firefighter on a full-time basis of at least 40 hours per week by any municipal, county, or state government fire department employing three or more firemen and who has the responsibility of prevent ing and suppressing fires, protecting life and property, enforcing municipal, county, and state fire prevention codes, enforcing any law pertaining to the prevention and control of fires or who performs any acts or actions while on duty or when responding to a fire or emergency during any fire or other emergency or while performing duties intended to pro tect life and property.
(B) 'Fireman' shall also mean any individual serving as an officially recognized or desig nated member of a legally organized volunteer fire department who performs any acts or actions while on duty or when responding to a fire or emergency during any fire or other emergency or while performing duties intended to protect life and property.
(C) 'Fireman' shall also mean any individual employed by a person or corporation which has a contract with a municipal corporation or county to provide fire prevention and fire-fighting services to such municipal corporation or county and any such individual is employed on a full-time basis of at least 40 hours per week and has the responsibility of preventing and suppressing fires, protecting life and property, enforcing municipal or county fire prevention codes, enforcing any municipal or county ordinances pertaining to the pre vention and control of fires or who performs any acts or actions while on duty or when responding to a fire or emergency during any fire or other emergency or while performing duties intended to protect life and property.
(4) 'In the line of duty' means:
(A) With respect to an emergency medical technician, while on duty and when respond ing to an emergency or performing duties at the scene of an emergency or transporting a person to a medical facility for emergency treatment;
(B) With respect to a fireman, while on duty and when responding to a fire or other emergency or performing duties during any fire or other emergency or performing duties intended to protect life and property;
(C) With respect to a law enforcement officer, while on duty and performing services for and receiving compensation from the law enforcement agency which employs such officer. A law enforcement officer who is performing duties for and receiving compensation from a private employer at the time of his death or bodily injury causing permanent disability shall not be considered in the line of duty; or
(D) With respect to a prison guard, while on duty and performing services for and re ceiving compensation from the public agency which employs such prison guard.
(5) 'Law enforcement officer' means any agent or officer of this state, or a political sub division or municipality thereof, who, as a full-time or part-time employee, is vested either expressly by law or by virtue of public employment or service with authority to enforce the criminal or traffic laws and whose duties include the preservation of public order, the pro tection of life and property, or the prevention, detection, or investigation of crime. Such term also includes the employees designated by the commissioner of human resources pur suant to paragraph (2) of subsection (i) of Code Section 49-5-10, which employees have the duty to investigate and apprehend delinquent and unruly children who have escaped from a facility under the jurisdiction of the Department of Human Resources or who have broken the conditions of supervision.
(6) 'Permanent disability' means disability due to:
(A) Loss of both eyes or blindness in both eyes with only light perception;
(B) Loss or loss of use of both hands;
(C) Loss or loss of use of both legs;

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(D) Loss of a lower extremity or residuals of organic disease or injury which so affect the functions of balance or propulsion as to preclude locomotion without resort to a. wheelchair; or
(E) Organic brain damage resulting from direct physical trauma incurred after January 1, 1973, which so affects the mental capacity as to preclude ability to function productively in any employment.
(7) 'Prison guard' means any person employed by the state or any political subdivision thereof whose principal duties relate to the supervision and incarceration of persons accused or convicted of the violation of the criminal laws of this state or any political subdivision thereof. Such term shall also mean any probation supervisor or parole officer who is required to be certified under Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Train ing Act,' and whose principal duties directly relate to the supervision of adult probationers or adult parolees. Such term also means any person employed by the state or any political subdivision thereof whose principal duties include the supervision of youth who are charged with or adjudicated for an act which if committed by adults would be considered a crime."
Section 3. Said article is further amended by striking in its entirety subsection (a) of Code Section 45-9-82, relating to the establishment of an indemnification program, and in serting in lieu thereof a new subsection (a) to read as follows:
"(a) There is established a program to provide for indemnification with respect to the:
(1) Death of any law enforcement officer, fireman, or prison guard who is or has been killed in the line of duty subsequent to January 1, 1973;
(2) Permanent disability of any law enforcement officer, fireman, or prison guard who is or has been permanently disabled in the line of duty subsequent to January 1, 1973; and
(3) Death or permanent disability of any emergency medical technician who is killed or permanently disabled or who has been killed or permanently disabled in the line of duty subsequent to January 1, 1977."
Section 4. Said article is further amended by striking in its entirety Code Section 45-983, relating to the Georgia State Indemnification Commission, and inserting in lieu thereof a new Code Section 45-9-83 to read as follows:
"45-9-83. There is created the Georgia State Indemnification Commission which shall be composed of the Governor, the Secretary of State, the Commissioner of Insurance, the commissioner of public safety, the commissioner of corrections, the commissioner of human resources, the president of the Peace Officers Association of Georgia, and the president of the Georgia State Firemen's Association. The Governor shall be the chairman of the com mission and the commission shall be assigned to the Department of Administrative Services for administrative purposes."
Section 5. Said article is further amended by striking in its entirety Code Section 45-984.2, relating to the authority of the General Assembly to make appropriations to the Geor gia State Indemnification Fund, and inserting in lieu thereof a new Code Section 45-9-84.2 to read as follows:
"45-9-84.2. The General Assembly is authorized to appropriate funds to be placed in the Georgia State Indemnification Fund for the purpose of providing for indemnification with respect to the death or disability of any law enforcement officer, fireman, or prison guard who is or has been killed or permanently disabled in the line of duty subsequent to January 1, 1973, and the death or disability of any emergency medical technician who is killed or permanently disabled or has been killed or permanently disabled in the line of duty subsequent to January 1, 1977, as well as defraying the expenses and costs incurred by the commission in the administration of this article. In addition, the Fiscal Division of the Department of Administrative Services is authorized to accept for deposit in the Georgia State Indemnification Fund any other funds from any other source. All funds appropriated to the Georgia State Indemnification Fund shall be presumptively concluded to have been committed to the purpose for which they have been appropriated and shall not lapse."

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Section 6. Said article is further amended by striking in its entirety Code Section 45-985, relating to payment of indemnification for death or disability generally, and inserting in lieu thereof a new Code Section 45-9-85 to read as follows:
"45-9-85. (a) The indemnification shall be paid by the commission when a law enforce ment officer, fireman, emergency medical technician, or prison guard, who in the line of duty:
(1) Is killed or receives bodily injury which results in death within 12 months thereaf ter, if such death does not occur from natural causes while performing routine duties which would not be strenuous or dangerous if performed by citizens who are not law enforcement officers, firemen, emergency medical technicians, or prison guards, and if such killing is not the result of suicide and if such bodily injury is not intentionally self-inflicted; or
(2) Is permanently disabled, if the permanent disability does not occur from natural causes while performing routine duties which would not be strenuous or dangerous if per formed by citizens who are not law enforcement officers, firemen, emergency medical techni cians, or prison guards, and if the permanent disability is not intentionally self-inflicted.
(b) (1) Every law enforcement officer, fireman, emergency medical technician, and prison guard shall designate his beneficiary and method of payment for the purpose of in demnification for death under this article. The designation shall be made to the commission in writing and on forms furnished by the commission. The beneficiary and method of pay ment may be changed in the same manner, provided that a change in beneficiary or method of payment shall not be effective until received by the commission. If a beneficiary is not designated, payment shall be made to the estate; and if the method of payment is not desig nated, payment shall be made in lump sum.
(2) The beneficiary, in the case of a law enforcement officer, fireman, emergency medi cal technician, or prison guard permanently disabled in the line of duty, shall be the dis abled officer, fireman, emergency medical technician, or guard.
(3) Each law enforcement officer, fireman, emergency medical technician, or prison guard shall be authorized to designate one of the following methods of payment:
(A) The payment of a total sum of $50,000.00 in equal monthly installments over a period of five years; or
(B) Payment in lump sum; provided, however, that if the lump sum method of payment is chosen, the amount to be paid shall be equal to the total sum of $50,000.00 reduced to its present value upon the basis of interest calculated at the rate of 6 percent per annum.
(4) With respect to law enforcement officers, firemen, or prison guards who were killed prior to April 5, 1978, or who were permanently disabled prior to January 1, 1981, and who are entitled to indemnification under this article, payment shall be made in lump sum to the estate, in the case of death, or, in the case of permanent disability, to the person disabled.
(5) With respect to emergency medical technicians who were killed or permanently dis abled prior to July 1, 1987, and who are entitled to indemnification under this article, pay ment shall be made in lump sum to the estate, in the case of death, or, in the case of permanent disability, to the person disabled.
(c) After determining that a law enforcement officer, fireman, emergency medical tech nician, or prison guard has been killed or permanently disabled in the line of duty and that he or his beneficiary is entitled to indemnification under this article, the commission, within ten days after such determination, shall forward a certified copy of the order granting such payment, which order shall include the person to whom such payment shall be made and the method of payment, to the director of the Fiscal Division of the Department of Admin istrative Services who is authorized to make the appropriate payments from funds appropri ated or otherwise made available for the purpose of carrying out this article."
Section 7. Said article is further amended by striking in its entirety Code Section 45-9-

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86, relating to applications for indemnification, and inserting in lieu thereof a new Code Section 45-9-86 to read as follows:
"45-9-86. (a) Any designated beneficiary or any other person who is eligible or believes he is eligible for indemnification under the program may make application for indemnifica tion to the commission. In any case in which the person entitled to make application is a minor, the application may be made on his behalf by his parent or guardian. In any case in which the person entitled to make application is mentally incompetent, the application may be made on his behalf by his parent, guardian, or other individual authorized to administer his estate.
(b) An application for indemnification relative to any law enforcement officer, fireman, or prison guard killed in the line of duty subsequent to January 1, 1973, and prior to Janu ary 1, 1981, must be made prior to January 1, 1982. An application for indemnification relative to any law enforcement officer, fireman, or prison guard killed in the line of duty on and after January 1, 1981, and prior to January 1, 1984, must be made prior to January 1, 1986. An application for indemnification relative to any law enforcement officer, fireman, or prison guard killed in the line of duty on or after January 1, 1984, must be made within 24 months from the death of such law enforcement officer, fireman, or prison guard.
(c) An application for indemnification relative to any law enforcement officer, fireman, or prison guard permanently disabled in the line of duty subsequent to January 1, 1973, and prior to January 1, 1979, must be made prior to January 1, 1989. An application for indem nification relative to any law enforcement officer, fireman, or prison guard permanently dis abled in the line of duty subsequent to January 1, 1979, and prior to January 1, 1980, must be made prior to January 1, 1982. An application for indemnification relative to any law enforcement officer, fireman, or prison guard permanently disabled in the line of duty on and after January 1, 1980, and prior to January 1, 1984, must be made prior to January 1, 1986. An application for indemnification relative to a permanent disability occurring on or after January 1, 1984, must be made within 24 months of the date the permanent disability occurred.
(d) An application for indemnification with respect to the death or permanent disability of an emergency medical technician who was killed or permanently disabled subsequent to January 1, 1977, and prior to January 1, 1987, must be made prior to January 1, 1989. An application for indemnification with respect to the death or permanent disability of an emergency medical technician who is killed or permanently disabled in the line of duty on or after January 1, 1987, must be made within 24 months after the date of death or disability."
Section 8. If any provision of this Act is held to be invalid or inoperative for any reason, the remaining provisions of this Act shall be deemed to be void and of no effect it being the legislative intent that this Act as a whole would not have been adopted had any provision not been included.
Section 9. All laws and parts of laws in conflict with this Act are repealed.

Senator Turner of the 8th moved that the Senate adopt the Conference Committee report on HB 10.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen Brannon

Bryant Burton Coleman Coverdell Crumbley Dawkins

Deal Dean Echols Edge Engram Foster

THURSDAY, MARCH 12, 1987

2025

Garner Gillis Harris
JJ?TM on Howard Huggins Kennedy Kidd

Land Langford McGill
McKenzie Newbi11 Olmstead Peevy Perry

Phillips Ray Shumake
Tate Tolleson Turner Tysinger Walker

Those not voting were Senators:

Barker Broun of 46th Brown of 47th (excused) English

Fincher Hudgins Ragan Scott of 2nd

Scott of 36th Starr Stumbaugh Timmons

On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 10.

The following bills of the House were taken up for the purpose of considering the House action thereon:

HB 1035. By Representatives McDonald of the 12th, Murphy of the 18th and Walker of the 115th:
A bill to amend Article 1 of Chapter 9 of Title 10 of the Official Code of Georgia Annotated, relating to general provisions affecting the Geo. L. Smith II Georgia World Congress Center, so as to authorize the Geo. L. Smith II Georgia World Congress Center Authority by contract to exercise its corporate powers with re spect to convention and trade show facilities of counties, municipalities, and local authorities.

Senator Kidd of the 25th moved that the Senate insist upon the Senate amendment to HB 1035.

On the motion, the yeas were 30, nays 0; the motion prevailed, and the Senate insisted upon the Senate amendment to HB 1035.

HB 1036. By Representatives McDonald of the 12th, Murphy of the 18th and Walker of the 115th:
A bill to amend Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, so as to confirm and provide that the Department of Community Affairs shall have the authority to make grants to counties and municipalities, or combinations thereof, for projects and purposes to the extent and for purposes set forth in appropriations to the department.

Senator Kidd of the 25th moved that the Senate insist upon the Senate amendment to HB 1036.

On the motion, the yeas were 29, nays 0; the motion prevailed, and the Senate insisted upon the Senate amendment to HB 1036.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

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JOURNAL OF THE SENATE

Mr. President:
The House has disagreed to the Senate amendment, to the House substitute, to the following bill of the Senate:
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 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 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.
The Speaker has appointed on the part of the House, Representatives McDonald of the 12th, Walker of the 115th and Connell of the 87th.
The following bills of the Senate were taken up for the purpose of considering the House substitutes thereto:
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.
The House substitute to SB 263 was as follows:
A BILL
To be entitled an Act 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 population of not less than 400,000 according to the United States decennial census of 1980 or any future such census to authorize the mayor to enter into certain contracts with private and public entities for periods not exceeding 50 years and for valuable consideration with respect to property or facilities used for certain purposes; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 36-30-3 of the Official Code of Georgia Annotated, relating to ordinances of a council which may not bind succeeding councils, is amended by striking in its entirety subsection (c) and inserting in its place a new subsection (c) to read as follows:
"(c) The governing authorities of municipal corporations having a population of not less than 400,000 according to the United States decennial census of 1980 or any future such census may, on behalf of such municipal corporations, authorize the mayor to enter into contracts with private or public entities not involving the incurring of indebtedness by such

THURSDAY, MARCH 12, 1987

2027

municipal corporations or security for indebtedness of such private and public entities for periods not exceeding 50 years and for a valuable consideration, which contracts shall be binding on such municipal corporations and on such authorities and successors, with respect to the leasing, subleasing, maintenance, or management of property for retail facilities, res taurants, or office or other commercial use, or for residential use, or with respect to property or facilities used for nonprofit museum purposes, which property or facilities are located in its downtown development area, as defined in paragraph (3) of Code Section 36-42-3. The limitation involving the incurring of indebtedness by such municipal corporations or secur ity for indebtedness of such private and public entities shall not apply to contracts for the use of property for nonprofit museum purposes, nor shall such limitation apply to contracts for the leasing, subleasing, maintenance, or management of property or facilities which, in addition to being located in a downtown development area, are also located in or contiguous to an urban redevelopment area established pursuant to Chapter 61 of this title, the 'Urban Redevelopment 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.

Senator Langford of the 35th moved that the Senate agree to the House substitute to SB 263.

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
Bwen Brannon BCoryleamntan Crumbley Dean Echols Engram

Fincher Foster Garner Gillis
H<TM Howard HKuendngeindsy Kidd Land Langford McGill

Olmstead Ray Scott of 2nd Scott of 36th
Shumake o, ^Stuamrrb, augh, Timmons Tolleson Turner Walker

Those voting in the negative were Senators:

Barnes Burton Coverdell Dawkins

Deal Edge Newbill Peevy

Perry Phillips Tysinger

Those not voting were Senators:

Broun of 46th Brown of 47th (excused) English

Harrison Hine Muggins

McKenzie Ragan Tate

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JOURNAL OF THE SENATE

On the motion, the yeas were 35, nays 11; the motion prevailed, and the Senate agreed to the House substitute to SB 263.
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.
The House substitute to SB 278 was as follows:
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 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; to waive the tender requirements in private actions for equitable relief; to provide for obligations of debtors to certain lenders; to provide for related matters; 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 striking paragraph (3) of subsection (a) of Code Section 10-1-392, relating to definitions and when intentional violation occurs, in its entirety and substituting in lieu thereof a new paragraph (3) to read as follows:
"(3) 'Consumer transactions' means the sale, purchase, lease, or rental of goods, ser vices, or property, real or personal, primarily for personal, family, or household purposes."
Section 2. Said part is further amended by striking the "or" at the end of paragraph (18); by striking the period at the end of paragraph (19) and substituting in lieu thereof "; or"; and by adding a new paragraph (20) at the end of subsection (b) of Code Section 101-393, relating to unfair or deceptive practices in consumer transactions, to read as follows:
"(20) (A) Representing that moneys provided to or on behalf of a debtor, as defined in Code Section 44-14-162.1 in connection with property used as a dwelling place by said debtor, are a loan if in fact they are used to purchase said property; or
(B) Failing to comply with the following provisions in connection with the purchase of property used as a dwelling place by a debtor whose loan for said property is in default and who remains in possession of this property after said purchase:
(i) A written contract shall be employed by the buyer which shall summarize and incor porate the entire agreement between the parties, a fully completed copy of which shall be furnished to the debtor at the time of its execution. Said contract shall show the date of the transaction and the name and address of the parties; shall state, in plain and bold language, that the subject transaction is a sale; and shall indicate the amount of cash proceeds and the amount of any other financial benefits that the debtor will receive;
(ii) This contract shall contain a statement in boldface type which complies substan tially with the following:
'The provisions of this agreement have been fully explained to me. I understand that under this agreement I am selling my house to the other undersigned party.'
This statement shall be signed by the debtor and the buyer; and
(iii) If a lease or rental agreement is executed in connection with said sale, it shall set forth the amount of monthly rent and shall state, in plain and bold language, that the

THURSDAY, MARCH 12, 1987

2029

debtor may be evicted for failure to pay said rent. Should an option to purchase be included in this lease, it shall state, in plain and bold language, the conditions that must be fulfilled in order to exercise it.
(C) The provisions of subparagraph (B) of this paragraph shall only apply where all three of the following conditions are present:
(i) A loan on the property used as a dwelling place is in default;
(ii) The debtor transfers the title to the property by quitclaim deed, limited warranty deed, or general warranty deed; and
(iii) The debtor remains in possession of the property under a lease."
Section 3. Said part is further amended by striking subsection (a) of Code Section 10-1399, relating to private actions or claims for injunctions and damages, and substituting in lieu thereof a new subsection (a) to read as follows:
"(a) Any person who suffers injury or damages as a result of consumer acts or practices or as a result of office supply transactions in violation of this part or whose business or property has been injured or damaged as a result of consumer acts or practices or as a result of office supply transactions in violation of this part may bring an action individually, but not in a representative capacity, against the person or persons engaged in such unlawful consumer acts or practices or in such unlawful office supply transactions under the rules of civil procedure to seek equitable injunctive relief and to recover his general and exemplary damages sustained as a consequence thereof in any court having jurisdiction over the de fendant; provided, however, exemplary damages shall be awarded only in cases of inten tional violation. Notwithstanding any other provisions of law, a debtor seeking equitable relief to redress an injury resulting from a violation of paragraph (20) of subsection (b) of Code Section 10-1-393, upon facts alleged showing a likelihood of success on the merits, may not, within the discretion of the court, be required to make a tender. Nothing in this subsec tion or paragraph (20) of subsection (b) of Code Section 10-1-393 shall be construed to interfere with the obligation of the debtor to a lender who is not in violation of paragraph (20) of subsection (b) of Code Section 10-1-393. A claim under this Code section may also be asserted as a defense, setoff, cross-claim, or counterclaim or third-party claim against such person."
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Senator Walker of the 43rd moved that the Senate agree to the House substitute to SB 278.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen BBDBurrayrntaonnnot, n
Coverdell Crumbley
Dawkins Deal Dean Echols Edge

English Engram Fincher Garner Gillis Harris ,,HHH.omarweriasrodn
Hudgins Huggins
Kennedy Kidd Land Langford McGill

Olmstead Peevy Perry Phillips Ragan n ?0S0 ccoo.t.t..tt oofff,. 302,,,,6n,td,,h
htarr Stumbaugh
Tate Timmons Turner Tysinger Walker

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JOURNAL OF THE SENATE

Those not voting were Senators:

Broun of 46th Brown of 47th (excused) Coleman

Foster McKenzie Newbill

Shumake Tolleson

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 278.

The following bill of the Senate was taken up for the purpose of considering the House action thereon:

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.

Senator Deal of the 49th moved that the Senate adhere to the Senate amendment to the House substitute to SB 113, and that a Conference Committee be appointed.

On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate adhered to the Senate amendment to the House substitute to SB 113.

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 bills of the Senate and House were taken up for the purpose of consider ing the Conference Committee reports thereon:

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 Conference Committee report on SB 198 was as follows:

The Committee of Conference on SB 198 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 198 be adopted.
Respectfully submitted,

FOR THE SENATE:
/a/ J. Nathan Deal Senator, 49th District
/s/ Edward Hine Senator, 52nd District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Bobby Lawson Representative, 9th District
/s/ Charles A. Thomas, Jr. Representative, 69th District

THURSDAY, MARCH 12, 1987

2031

/s/ Quillian Baldwin Senator, 29th District

/s/ DuBose Porter Representative, 119th District

Conference Committee 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 commissions of chief magistrates, magistrates, constables, and clerks of the magistrate courts; to provide that commissions of certain 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) The clerk of superior court shall make an entry of the oath of each officer on the minutes of the superior court.
(2) In the case of constables and clerks, 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.
(3) All magistrates shall be issued a commission under the seal of the office of the Gov ernor as provided in Code Section 45-3-31. In the case of magistrates or an appointed chief magistrate, the appointing authority shall issue to the magistrate or chief magistrate taking the oath a certificate of appointment. A copy of such certificate shall be forwarded to the office of the Secretary of State."
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 magistrate courts, of the state or county shall be under the seal of the office of the Governor, signed by the Governor, and countersigned by one of his secretaries. All officers of the mili tia 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.

Senator Deal of the 49th moved that the Senate adopt the Conference Committee re port on SB 198.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bowen Brannon Broun of 46th

Bryant Burton Coleman Coverdell Crumbley Deal Echols

Edge Engram Fincher Foster Garner Gillis Harris

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JOURNAL OF THE SENATE

Harrison Howard Hudgins
Land Langford

McGill McKenzie Newbill
Olmstead Perry Phillips Ray

Scott of 2nd Scott of 36th Starr
Tate Tolleson Turner Tysinger

Those not voting were Senators:

Allgood Brown of 47th (excused) Dawkins Dean

English Hine Peevy Ragan

Shumake Stumbaugh Timmons Walker

On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on SB 198.

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.

The Conference Committee report on HB 27 was as follows:

The Committee of Conference on HB 27 recommends that both the Senate and the House of Representatives recede from their positions, and that the attached Committee of Conference Substitute to HB 27 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ J. Nathan Deal Senator, 49th District
/s/ Edward Hine Senator, 52nd District
/s/ Tommy C. Olmstead Senator, 26th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Charles A. Thomas, Jr. Representative, 69th District
/s/ Larry Walker Representative, 115th District
/s/ Denmark Groover Representative, 99th District

Conference Committee substitute to HB 27:

A BILL
To be entitled an Act 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 provide qualifications and duties; to provide for salaries and supplementation; to provide for personnel actions; to provide for budgeting; to provide for expenses; 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

THURSDAY, MARCH 12, 1987

2033

district attorneys' investigators as employees for purposes of the plan; to provide an effec tive date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to district attorneys, is amended by inserting immediately following Code Section 15-18-14 a new Code Section, to be designated Code Section 15-18-14.1, to read as follows:
"15-18-14.1. (a) Subject to the provisions of this Code section, the district attorney in each judicial circuit is authorized to appoint one investigator to assist the district attorney in the performance of his official duties in the preparation of cases for indictment or trial.
(b) An investigator appointed pursuant to this Code section shall be not less than 21 years of age, meet the qualifications specified by subsection (c) of Code Section 15-18-21, and shall serve at the pleasure of the district attorney.
(c) No person appointed pursuant to this Code section shall exercise any of the powers or authority which are by law vested in the office of sheriff or any other peace officer, includ ing the power of arrest, except as may be authorized by law. An investigator appointed pursuant to this Code section shall:
(1) Serve as a liaison between the district attorney's office and the sheriffs' and other law enforcement agencies within the judicial circuit;
(2) Assist victims and witnesses of crimes through the complexities of the criminal jus tice system and ensure that victims of crime are apprised of the rights afforded them under Chapter 14 of Title 17, relating to restitution to victims of crime, and Code Section 24-961.1, relating to the presence of crime victims in the courtroom;
(3) Assist the attorneys within the district attorney's office in the preparation of cases for preliminary hearings, presentation to a grand jury, pretrial hearings, and trial;
(4) Assist the sheriffs and other peace officers within the judicial circuit in the applica tion for warrants and the preparation of case reports which are required by law or which are necessary for the prosecution of the case;
(5) Provide such other assistance to the sheriffs and other peace officers as may be authorized by law or which may be mutually agreed on between the district attorney and the sheriff or head of the law enforcement agency or agencies involved; and
(6) Perform such other duties as are required by the district attorney.
(d) Each investigator appointed pursuant to this Code section shall be compensated based on a salary schedule established by the Department of Administrative Services as follows:
(1) The salary range for the investigator appointed pursuant to this Code section shall be not less than $19,500.00 nor more than 70 percent of the compensation of the district attorney from state funds; and
(2) The salary schedule shall be similar to the general pay schedule established by the State Merit System of Personnel Administration and shall provide for a minimum entry step and such additional steps, not to exceed 5 percent between each step, as will approach the maximum allowable salary. In establishing the salary schedule, all amounts shall be rounded off to the nearest whole dollar. The Department of Administrative Services shall revise the salary schedules provided for in this subsection and the entry level salary estab lished by paragraph (1) of this subsection to include cost-of-living increases which may be granted from time to time to members of the classified service of the State Merit System of Personnel Administration.
(e) All personnel actions involving personnel appointed pursuant to this Code section shall be in writing by the district attorney in accordance with the provisions of subsection (1) of this Code section.

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(f) A district attorney investigator shall be appointed initially to the entry grade of the general pay schedule.
(g) All salary advancements shall be based on quality of work and performance. The salary of personnel appointed pursuant to this Code section may be advanced one step at the first of the calendar month following the anniversary of such person's appointment. No employee's salary shall be advanced beyond the maximum of the salary schedule.
(h) Any reduction in salary shall be made in accordance with the salary schedule pro vided for in subsection (d) of this Code section.
(1) The county or counties comprising a judicial circuit may supplement the salary of any district attorney investigator appointed pursuant to this Code section.
(j) (1) Personnel appointed pursuant to this Code section shall be reimbursed for actual expenses incurred in the performance of their official duties in accordance with the rules and regulations established under Code Section 45-7-28.1 and such supplemental rules as may be adopted pursuant to subsection (k) of this Code section.
(2) Subject to the provisions of paragraphs (3) and (4) of this subsection, said expenses shall be paid by the Prosecuting Attorneys' Council out of such funds as may be appropri ated by the General Assembly.
(3) On or before June 1 of each year, the Prosecuting Attorneys' Council of Georgia shall establish and furnish to each district attorney and the Department of Administrative Services a travel budget for each judicial circuit based on the amount appropriated by the General Assembly for such purpose. In determining the travel budget, the council shall con sider the budget request submitted by the district attorney of each judicial circuit, the geo graphic size and the caseload of each circuit, and such other facts as may be relevant. The council is authorized to establish a contingency reserve of not more than 3 percent of the total amount appropriated by the General Assembly in order to meet any expenses which could not be reasonably anticipated. The council shall submit to each district attorney, the Department of Administrative Services, and the legislative budget analyst a monthly report showing the budget amount of expenditures made under the travel budget. The council may periodically review and adjust said budget as may be necessary to carry out the purposes of this Code section.
(4) The governing authority of the county or counties comprising the judicial circuit are authorized to reimburse such expenses which may be incurred by an investigator in the performance of his official duties to the extent such expenses are not reimbursed by the state as provided in this subsection. Said governing authority may provide the investigator with a county vehicle and vehicle expenses, in which event the county shall be entitled to reimbursement for the actual mileage driven by the investigator at the same rate as is pro vided by paragraph (1) of subsection (b) of Code Section 15-18-12, subject to the budget established for the district attorney.
(k) The Prosecuting Attorneys' Council of Georgia shall prepare and submit a proposed budget for state funds necessary to provide reimbursement of expenses as provided in this Code section to the Department of Administrative Services in accordance with the provi sions of Code Section 45-12-78. The budget request shall be based on the previous year's expenditures and budget requests submitted by each district attorney to the council.
(1) The Department of Administrative Services and the Prosecuting Attorneys' Council of Georgia shall jointly adopt and amend policies, rules, and regulations establishing records and procedures concerning personnel actions as may be necessary to carry out the intent of this Code section.
(m) The salaries provided for in this Code section shall be paid from funds appropri ated or available for the operation of the superior courts in the same manner as is provided by law for assistant district attorneys.
(n) In the event that the general appropriations Act does not contain appropriations sufficient to fund all of the positions authorized by subsection (a) of this Code section, the

THURSDAY, MARCH 12, 1987

2035

Prosecuting Attorneys Council of Georgia shall allocate such positions among the several district attorneys' offices in such a manner as will further the intent of this Code section and provide an investigator to the maximum number of judicial circuits."
Section 2. Code Section 45-18-1 of the Official Code of Georgia Annotated, relating to definitions affecting the state employees' health insurance plan, is amended by striking in its entirety subparagraph (G) of paragraph (2) and inserting in its place a new subparagraph (G) to read as follows:
"(G) Assistant district attorneys of the superior courts of this state who are appointed pursuant to Code Section 15-18-14 and district attorneys' investigators appointed pursuant to Code Section 15-18-14.1;".
Section 3. This Act shall become effective July 1, 1987, except that those portions of Section 1 comprising paragraph (3) of subsection (j) of Code Section 15-18-14.1 and subsec tion (1) of Code Section 15-18-14.1 shall become effective May 30, 1987, for the purpose of completing ministerial actions required by such provisions.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Senator Deal of the 49th moved that the Senate adopt the Conference Committee re port on HB 27.

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 Broun of 46th Bryant BCoulretomnan Coverdell
Crumbley Dawkins Deal
Dean Echols

Edge Engram Fincher Foster Garner Gillis Harris HHuowdgairnds Huggins
Kennedy Kidd Land
Langford McGill

McKenzie Newbill Olmstead Peevy Perry Phillips ,, S0 caoy.tt of, 36. th, Stumbaugh
Tate Tolleson Turner
Tysinger Walker

Those not voting were Senators:

Allgood Bowen Brown of 47th (excused) English

Harrison Hine Ragan Scott of 2nd

Shumake Starr Timmons

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 27.

The President announced that the Senate would stand in recess from 11:00 o'clock A.M. until 11:30 o'clock A.M.

At 11:30 o'clock A.M., the President called the Senate to order.

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The following resolution of the Senate was read and adopted:
SR 236. By Senator Timmons of the llth: A resolution commending the Seminole County High School Squaws basketball team.
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 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.
The Speaker has appointed on the part of the House, Representatives Triplett of the 128th, Jackson of the 9th and Coleman of the 118th.
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 resolution of the House:
HR 176. By Representatives Byrd of the 153rd, Moody of the 153rd, Smith of the 152nd, Dixon of the 151st and Smith of the 156th: A resolution creating the Brunswick Judicial Circuit Study Committee.
The Speaker has appointed on the part of the House, Representatives Byrd of the 153rd, Moody of the 153rd and Smith of the 156th.
The House has agreed to the Senate amendment, as amended, to the following bill of the House:
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.
The House has agreed to the Senate substitute, as amended, to the following resolution of the House:
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.

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The House has disagreed to the Senate amendment to the following bill of the House:
HB 917. By Representatives Childs of the 53rd, Richardson of the 52nd, Steinberg of the 46th, Williams of the 48th, Williams of the 54th and others:
A bill to amend an Act providing a supplement to the compensation, expenses, and allowances of the judges of the superior court of the Stone Mountain Judicial Circuit, so as to change the amount of such supplement.
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 170. By Representatives Cox of the 141st, Long of the 142nd, Reaves of the 147th, Patten of the 149th, Bostick of the 138th and others:
A bill to amend Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to dimensions and weights of vehicles and loads, so as to change certain length limitations for vehicles; to change certain length limita tions for vehicles operating with special permits.
The Speaker has appointed on the part of the House, Representatives Cox of the 141st, Long of the 142nd and Reaves of the 147th.
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 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 Speaker has appointed on the part of the House, Representatives Robinson of the 96th, Wood of the 9th and Watson of the 114th.
The House adheres to its position in insisting on its amendment and has appointed a Committee of Conference on the part of the House to confer with a like committee on the part of the Senate on the following bill of the Senate:
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.
The Speaker has appointed on the part of the House, Representatives Ramsey of the 3rd, Hanner of the 131st and Cooper of the 20th.
The House insists on its position in disagreeing to the Senate amendment, and has

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appointed a Committee of Conference on the part of the House to confer with a like com mittee on the part of the Senate on the following bill of the House:
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.
The Speaker has appointed on the part of the House, Representatives Aiken of the 21st, Robinson of the 58th and Pettit of the 19th.
The House insists on its position in disagreeing to the Senate amendment, to the House substitute, and has appointed a Committee of Conference on the part of the House to confer with a like committee on the part of the Senate on the following bill of the Senate:
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 Speaker has appointed on the part of the House, Representatives Groover of the 99th, Chambless of the 133rd and Thomas of the 69th.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
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 House substitute to SB 179 was as follows:
A BILL
To be entitled an Act 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 attend ance; to revise administration of first grade readiness assessment; to provide for maximum class sizes to be established by the State Board of Education; to revise categories of pro grams for handicapped students; to change eligibility requirements for remedial education; to require school systems to offer remedial education; to provide a funding formula for initi ation of special instructional assistance, in-school suspension, and limited-English-proficient programs; to clarify limits on dates for full-time equivalent student counts; to clarify courses to be excluded from full-time equivalent student counts; to increase program weights for special education; to specify handicapping conditions to be included in each special educa tion category; to revise the calculation of the training and experience factor; to provide for midterm adjustments in school systems with declining property tax digests; to clarify re strictions on use of midterm adjustment funds; to correct the calculation of equalization grants to school systems involved in multisystem high school contracts or in system mergers; to make other technical corrections to the calculation of the equalization grant; to provide

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technical corrections to the calculation of local fair share; to clarify the calculation of total state earnings for each school system; to revise the restrictions on use of funds earned through the Quality Basic Education formula; to restrict the use of unobligated surplus funds or accounts; to clarify the requirement for a free public education; to provide for a 180 day school year, except where a year-round school program has been implemented; to pro vide for a uniform school starting date for students; to provide a funding mechanism for locally approved year-round school programs; to specify base school and school system sizes; to clarify components to be included in the high school program weights; to clarify the method of payment of funds to the Teachers Retirement System of Georgia; to clarify fund ing provisions for staff development and professional development; to change provisions for penalties for exceeding maximum class sizes; to make technical corrections to the provision for instruction in nutrition; to update provisions for student transportation; to clarify provi sions for certification requirements of professional personnel; to provide for in-service or continuing education requirements for personnel; to revise provisions for provisional or pro bationary certification; to clarify the administration of annual performance evaluation of personnel; to modify requirements for recruitment procedures for personnel; to clarify pro visions for the state minimum salary schedule; to revise provision for the career ladder pro gram; to modify calculation of administrator responsibility supplements; to provide for su pervision of substitute teachers; to modify provisions for innovation grants and demonstration schools; to provide for continuing the advisory committee to the Georgia Ed ucation Leadership Academy; to change provisions for capital outlay grants to make the program conform to other Quality Basic Education provisions; to modify provisions for or ganization and funding of regional educational service agencies; to revise requirements for assessment of student progress; to change the requirements for Quality Basic Education progress reports by the State Board of Education to the General Assembly; to revise author ization for action by the State Board of Education to monitor and take corrective action regarding corrective plans for nonstandard local units of administration; to modify the cal culation of middle school incentive grants; to revise the provisions for school consolidation incentives; to clarify the calculation of sparsity grants; to revise authorization of the State Board of Education for public school educational television; to provide for one or more col leges or universities to participate in operation of a residential high school program; to re vise provisions for the State Board of Postsecondary Vocational Education; to change dates for completion of the state-wide comprehensive educational information network and for abolition of its task force; 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. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by striking Article 6, known as the "Quality Basic Education Act," and inserting in lieu thereof a new Article 6 to read as follows:
"ARTICLE 6
Part 1
20-2-130. This article shall be known and may be cited as the 'Quality Basic Education Act."
20-2-131. The General Assembly of Georgia, recognizing the need for:
(1) Implementing a quality basic education curriculum in public schools state wide which ensures that each student is provided ample opportunity to develop competencies necessary for lifelong learning as well as the competencies needed to maintain good physical and mental health, to participate actively in the governing process and community activi ties, to protect the environment and conserve public and private resources, and to be an effective worker and responsible citizen;
(2) Providing all children and youth in Georgia with access to a quality program which supports their development of essential competencies in order that they may realize their potential;

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(3) Providing an equitable public education finance structure which ensures that every student has an opportunity for a quality basic education, regardless of where the student lives, and ensures that all Georgians pay their fair share of this finance structure;
(4) Establishing and maintaining state-wide standards which ensure that each student has access to a quality program;
(5) Making teaching an attractive and rewarding profession in order to attract, retain, and fully utilize highly competent personnel in all public schools of the state;
(6) Providing effective staff development and attractive incentive programs which will motivate public school personnel to enhance their competencies and perform to their poten tial throughout their career;
(7) Providing local school systems with the incentives, resources, and technical assis tance they need to plan and implement improvements in their programs on a continuing basis;
(8) Providing parents and the general public with information on the quality of schools and the achievement of the public school students in Georgia;
(9) Providing appropriate school facilities in which quality educational programs can be offered, particularly in the small and sparsely populated school systems; and
(10) Providing a means whereby the foregoing might be met in order to provide an opportunity for a quality basic education to the citizens of the state and to discharge the responsibilities and obligations of the state to ensure a literate and informed society
does establish the Quality Basic Education Program. It is declared to be the policy of this state to assure that each Georgian has access to quality instruction, as defined in this article, designed to improve upon a student's learning capacity. It is further declared that no stu dent shall be refused admission into or be excluded from any public school in the state on account of race, creed, color, or national origin.
20-2-132. It is the intent of the General Assembly that the primary goals of this article shall be as follows:
(1) A substantial reduction in the number of teachers who leave the learning profession for reasons of job dissatisfaction;
(2) A decrease in the percentage and number of students who enter school but drop out prior to graduation;
(3) The elimination of emergency teaching certificates and waivers for teaching outside of specialty;
(4) A decrease in the percentage of students who fail the State Basic Skills Test in the tenth grade;
(5) A significant increase in the test scores of Georgia students who take the Scholastic Aptitude Test (SAT); and
(6) An increase in the number of students mastering each skill in reading, mathematics, and other subject areas.
20-2-133. Admission to the instructional programs funded under this article shall be free to all eligible children and youth who enroll in such programs within the local school system in which they reside. Therefore, a local school system shall not charge resident stu dents tuition or fees, nor shall such students be required to provide materials or equipment except for items specified by the State Board of Education, as a condition of enrollment or full participation in any instructional program. However, a local school system is authorized to charge nonresident students tuition or fees or a combination thereof; provided, however, that such charges to a student shall not exceed the average locally financed per student cost for the preceding year, excluding the local fair share funds required pursuant to Code Sec tion 20-2-164. A local school system is further authorized to contract with a nonresident

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student's system of residence for payment of tuition. The amount of tuition paid directly by the system of residence shall be limited only by the terms of the contract between systems. Local units of administration shall provide textbooks or any other reading materials to each student enrolled in a class which has a course of study that requires the use of such materi als by the students.
Part 2
20-2-140. The State Board of Education shall establish competencies that each student is expected to master prior to completion of the student's public school education. The state board shall also establish competencies for which each student should be provided opportu nities, at the discretion of the student and the student's parents, to master. Based upon these foregoing competencies, the state board shall adopt a uniformly sequenced core curric ulum for grades kindergarten through 12. Each local unit of administration shall include this uniformly sequenced core curriculum as the basis for its own curriculum, although each local unit may expand and enrich this curriculum to the extent it deems necessary and appropriate for its students and communities.
20-2-141. The State Board of Education shall establish at least once every four years a review of the adopted competencies and uniformly sequenced core curriculum by a task force broadly representative of educational interests and the concerned public. After consid ering the findings and recommendations of the task force, the state board shall make such changes in the student competencies lists and core curriculum as it deems in the best inter est of the state and its citizens and shall report such proposed changes to local school sys tems and the General Assembly for review.
20-2-142. (a) (1) All elementary and secondary schools which receive in any manner funds from the state shall provide the following course offerings in the manner prescribed by the State Board of Education:
(A) A course of study in the background, history, and development of the federal and state governments. The course in the study of federal and state governments shall be sup plemented in each high school by a study of the local county and municipal governments; and
(B) A course of study in the history of the United States and in the history of Georgia and in the essentials of the United States and Georgia Constitutions, including the study of American institutions and ideals.
(2) No student shall be eligible to receive a diploma from a high school unless such student has successfully completed the courses in history and government provided for by this subsection, except as provided in paragraph (3) of this subsection.
(3) Handicapped students who are otherwise eligible for a special education diploma pursuant to subsection (b) of Code Section 20-2-281 shall not be denied this diploma if they have not successfully completed either or both of these courses; provided, however, that their Individualized Education Programs have not specified that the handicapped students must enroll in and successfully complete both of these courses.
(b) (1) The State Board of Education and the Board of Public Safety shall jointly es tablish an alcohol and drug course for the purpose of informing the young people of this state of the dangers involved in consuming alcohol or certain drugs in connection with the operation of a motor vehicle. The course shall be designed to generate greater interest in highway safety and accident prevention. The state board and the Board of Public Safety shall jointly, by rules or regulations, determine the contents of the course and its duration. The Board of Public Safety shall make available officers or employees of the Department of Public Safety to teach the alcohol and drug course. The alcohol and drug course shall be offered periodically but not less than once annually in the public schools of this state to students in grades nine and above in the manner prescribed by the state board.
(2) All schools with grade nine or above which receive funds in any manner from the state shall make available to eligible students the alcohol and drug course provided in para graph (1) of this subsection.

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(3) The commissioner of public safety shall make the alcohol and drug course, and in structors where necessary, available to the private schools in this state. In addition, the commissioner of public safety shall offer the alcohol and drug course periodically at various locations in the state in the manner provided by the Board of Public Safety.
(4) The Department of Public Safety shall issue a certificate to each person completing the alcohol and drug course.
(5) The completion of the alcohol and drug course provided in paragraph (1) of this subsection shall not serve as an additional method for the restoration of the drivers' licenses of those persons whose licenses have been suspended or revoked pursuant to the laws of this state.
(c) The State Board of Education shall prescribe a course of study in health and physi cal education for all grades and grade levels in the public schools and shall establish stan dards for its administration. The course may include instruction concerning the impact of alcohol, smoking, and drug abuse upon health and may occupy periods totaling not less than 30 minutes per day in kindergarten through grade eight or equivalent grade levels. A man ual setting out the details of such courses of study shall be prepared or approved by the State School Superintendent in cooperation with the Department of Human Resources, the state board, and such expert advisers as they may choose.
Part 3
20-2-150. (a) Except as otherwise provided by subsection (b) of this Code section, all children and youth who have attained the age of five years by September 1 shall be eligible for enrollment in the appropriate general education programs authorized in this part unless they attain the age of 20 by September 1 or they have received high school diplomas or the equivalent. This shall specifically include students who have reenrolled after dropping out and who are married, parents, or pregnant. Special education students shall also be eligible for enrollment in appropriate education programs unless they attain the age of 21 by Sep tember 1 or receive high school or special education diplomas or the equivalent; provided, however, they were enrolled during the preceding school year and had an approved Individ ualized Education Program (IEP) which indicated that a successive year of enrollment was needed. Other students who have not yet attained age 21 by September 1 or received high school diplomas or the equivalent shall be eligible for enrollment in appropriate education programs, provided they have not dropped out of school for one quarter or more. Each local unit of administration shall have the authority to assign students who are married, parents, or pregnant or who have reenrolled after dropping out one quarter or more to programs of instruction within its regular daytime educational program, provided that a local unit of administration may develop and implement special programs of instruction limited to such students within the regular daytime educational program; provided, further, that such pro grams of instruction are designed to enable such students to earn course credit toward re ceiving high school diplomas. These programs may include instruction in prenatal care and child care. Unless otherwise provided by law, the State Board of Education shall have the authority to determine the eligibility of students for enrollment. It is declared to be the policy of this state that general and occupational education be integrated into a comprehen sive educational program which will contribute to the total development of the individual.
(b) A child who was a legal resident of one or more other states for a period of two years immediately prior to moving to this state and who was legally enrolled in a public kinder garten or first grade, or a kindergarten or first grade accredited by a state or regional associ ation, shall be eligible for enrollment in the appropriate general or special education pro grams authorized in this part if such child will attain the age of five for kindergarten or six for first grade by December 31 and is otherwise qualified.
(c) All children enrolled for 20 school days or more in the public schools of this state prior to their seventh birthday shall become subject to all of the provisions of this article, the provisions of Code Sections 20-2-690 through 20-2-702, and the rules and regulations of

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the State Board of Education relating to compulsory school attendance even though they have not attained seven years of age.
20-2-151. (a) The primary purpose for the general and career education programs is to provide the children and youth of Georgia with a quality opportunity to master student competencies adopted by the State Board of Education through instruction which is based upon the uniformly sequenced core curriculum.
(b) The following general and career education programs are authorized for purposes of funding under this article:
(1) (A) All local school systems shall offer a full-day kindergarten program. For pur poses of this subsection, the term 'full-day basis' means a student is provided classroom instruction for a minimum of four and one-half hours daily for a 180 day school year; and
(B) It is the policy of this state that the purposes of the kindergarten program shall be to provide all children with an equal opportunity to become prepared for a successful first grade experience and to acquire the foundation for academic progress throughout the stu dents' educational careers. To be eligible for enrollment in a state supported kindergarten program, a child must attain the age of five by September 1, except as otherwise provided by subsection (b) of Code Section 20-2-150.
(2) It is the policy of this state that the purpose of the primary grades program shall be mastery by enrolled students of the essential basic skills and knowledge which will enable them to achieve more advanced skills and knowledge offered at the higher grade levels. For purposes of funding under this article, the primary grades program shall include grades one, two, and three. To be eligible for enrollment in the first grade of a state supported primary grades program, a child must attain the age of six by September 1, except as otherwise provided by subsection (b) of Code Section 20-2-150. Beginning in school year 1988-89, each child must have achieved the criterion score or scores established by the State Board of Education on the school readiness assessment pursuant to Code Section 20-2-281, unless the child has been identified as being handicapped or limited-English-proficient under policies and criteria adopted by the state board. Such readiness assessment shall be provided to all children entering first grade within the 60 days immediately prior to September 1 of the year in which they enter the public schools of this state; provided, however, the readiness assessment of children shall also be conducted during the last 40 school days of the previous school year if the state board so directs. If a student does not achieve the state board crite rion score or scores on a second annual assessment, the student shall be referred for consid eration of special education services or special instructional assistance in accordance with state board regulations and procedures. Said student shall then be placed in the appropriate first grade program. No student shall remain in kindergarten for more than two years.
(3) It is the policy of this state that the primary purposes of the middle grades program shall be assuring the mastery of essential basic skills and knowledge, assisting students in the transition from childhood to adolescence, and preparing students for the selection of programs and courses consistent with their abilities and interests when they enter high school, as well as providing an opportunity for mastery of essential but more advanced skills and knowledge. For purposes of funding under this article, the middle grades program shall include grades four, five, six, seven, and eight.
(4) (A) It is the policy of this state that the primary purposes of the high school pro grams shall be to prepare students for the continuation of their education beyond high school and for entry into their chosen career fields as well as to prepare them to take their places in society as young adults. The following high school programs for grades nine, ten, 11, and 12 are authorized for purposes of funding under this article:
(i) The high school education program which includes general, vocational, and college preparatory classes;
(ii) The nonvocational high school laboratory program; and
(iii) The vocational laboratory program.

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(B) As a reflection of the reduced teacher-student ratios and more extensive material and equipment needed for effective laboratory courses compared to courses with no or only limited laboratory experiences, the nonvocational high school laboratory and vocational lab oratory programs shall be funded at higher levels than the high school general education program. The state board shall adopt criteria which courses must meet in order to qualify for either the nonvocational high school laboratory or the vocational laboratory program.
20-2-152. (a) All children and youth who are eligible for a general and career education program under Code Section 20-2-151 and who have special educational needs shall also be eligible for special education services. Children aged zero through four years, whose handi capping condition is so severe as to necessitate early education intervention, may be eligible for special education services through programs operated by state schools for the handi capped, the psychoeducational program, or through programs financed with local or federal funds. Eligible children and youth are defined as those who have emotional, physical, com municative, or intellectual deviations, or a combination thereof, to the degree that there is interference with school achievements or adjustments or prevention of full academic attain ment and who require modifications or alterations in their educational programs. Special education shall include children who are classified as intellectually gifted, mentally handi capped, behavior disordered, specific learning disabled, orthopedically handicapped, other health impaired, hearing impaired, speech-language disordered, visually impaired, severely emotionally disturbed, and deaf-blind and who have any other areas of special needs which may be identified. The State Board of Education shall adopt classification criteria for each area of special education to be served on a state-wide basis. The state board shall adopt the criteria used to determine eligibility of students for state funded special education pro grams. The state board shall adopt maximum class sizes by classification of special educa tion pursuant to subsection (h) of Code Section 20-2-182 which are equal to or greater than the class sizes used to develop the program weights as set forth in subsection (b) of Code Section 20-2-161.
(b) Local school systems shall, subject to any limitations specified in this Code section, provide special education programs for all eligible students with special needs who are resi dents of their local school systems, either by establishing and maintaining such educational facilities and employing such professional workers as are needed by these students or by contracting with other local school systems, regional educational service agencies, or other qualified public or private institutions for such services.
(c) (1) The State Board of Education shall provide for the funding which has been approved by the General Assembly for this purpose for special education programs for stu dents with handicapping conditions which are either of such low incidence or of such sever ity that it is unfeasible or impractical to provide needed educational services through pro grams offered by local school systems. The state board may provide such educational services with funds specifically approved by the General Assembly for this purpose by:
(A) Providing grants directly to regional educational service agencies for provision of services;
(B) Either directly contracting with or making grants to or authorizing local units of administration to contract with or make grants to suitable private or public institutions, inside or outside this state, for the provision of such services; provided, however, that the educational and related services of the child must be provided by professionals, such as teachers, school psychologists, speech therapists, physical and occupational therapists, and audiologists who meet the certification or licensing standards of their profession in the state in which the institution is located;
(C) Authorizing local units of administration to contract with suitable public agencies and departments, including institutions in which eligible children are confined and out-pa tient centers serving eligible children, inside and outside this state, for the provision of such services;

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(D) Entering into reciprocal agreements with other states or political subdivisions thereof for the provision of such services; or
(E) Operating the Georgia School for the Deaf, the Georgia Academy for the Blind, the Atlanta Area School for the Deaf, and other special schools as approved by the General Assembly.
(2) The state board may promulgate rules, regulations, and standards and establish the terms and conditions governing the provision of state aid provided for this purpose by the General Assembly under this subsection and perform any and all acts necessary or proper to carry out the provisions, intent, and purpose of this subsection.
(d) For purposes of funding under this article, the following special education categories are authorized for the local units of administration of this state:
(1) Category I: self-contained specific learning disabled and self-contained speech-lan guage disordered;
(2) Category II: mildly mentally handicapped;
(3) Category III: behavior disordered, moderately mentally handicapped, severely men tally handicapped, resourced specific learning disabled, resourced speech-language disor dered, self-contained hearing impaired and deaf, self-contained orthopedically handicapped, and self-contained other health impaired;
(4) Category IV: deaf-blind, profoundly mentally handicapped, visually impaired and blind, resourced hearing impaired and deaf, resourced orthopedically handicapped, and resourced other health impaired; and
(5) Category V: intellectually gifted.
20-2-153. The State Board of Education shall create a special instructional assistance program to assist students with identified developmental deficiencies which are likely to result in problems in maintaining a level of performance consistent with expectations for their respective ages. Only students enrolled in grades kindergarten through five with docu mented developmental levels below expectations for their respective ages that are not at tributable to an identified handicapping condition and who are not enrolled in either the remedial education program or any of the special education programs shall be eligible for the special instructional assistance program; provided, however, that students with physical handicaps whose special education services consist solely of therapy related to the physical handicap shall be eligible for the special instructional assistance program if they meet all other criteria of this Code section. The state board shall specify the instruments and process used to determine student eligibility for this program, including specification of the student eligibility criteria to be applied, the allowable educational services to be provided under this Code section, and the funding guidelines to be used in distributing state funds to participat ing local school systems. Such policies and guidelines shall be submitted to the General Assembly for review and comment prior to the request for funding by the state board. Each local school system shall annually report by grade level the number of eligible students, the number of students served, the types of services provided, and the average achievement of students served. For the first year of implementation of this program state wide, the state board shall request an amount for grants to local school systems based upon documentation of the number of eligible students estimated to be served; provided, however, that funds appropriated for this program in the initial year of operation shall be allocated only on the basis of the documented actual number of students being served during the initial year. For the second year of operation and thereafter, the amount of funds appropriated and allocated for this program shall be based on the actual count of students served during the preceding year. In the event that insufficient funds are appropriated by the General Assembly to serve all eligible students in this program, any funds which are appropriated shall be directed toward addressing the needs of the youngest eligible students in each local school system.
20-2-154. (a) All children and youth who are eligible for a general and career education program under Code Section 20-2-151 and who are also eligible under the criteria specified

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in this Code section shall be provided, in accordance with policies adopted by the State Board of Education, the remedial education program services needed to address their re spective reading, mathematics, or writing deficiencies beginning fiscal year 1989. The follow ing students shall be eligible for remedial education services, except as provided in subsec tion (b) of this Code section:
(1) Students in grades two through five and grade nine who have scored at or below the twenty-fifth percentile, or its equivalent, on the reading or mathematics portion of a state wide or nationally-normed standardized achievement test approved by the state board to be used for this purpose; and
(2) Students in grades ten through 12 who have been administered but not yet passed the reading, the mathematics, or the writing portion of the state's basic skills test, upon which passage is required for graduation by the state board; and
(3) Students entering grade ten whose ninth grade nationally-normed standardized achievement test scores are at or below the twenty-fifth percentile. No local school system shall be required to pretest or posttest any student in grade ten who is qualified under this paragraph nor will any system be required to pretest entering tenth grade students who have not been administered the ninth grade nationally-normed standardized achievement test; and
(4) Students in grades two through five and nine through 12 who are receiving services under the special education program as authorized by Code Section 20-2-153 and whose Individualized Education Programs (lEP's) specify that, due to their achievement levels in reading or mathematics in grades two through five and nine through 12, or writing in grades nine through 12, they need to receive services under the remedial education program as well as other students receiving special education services who meet the eligibility requirements specified in paragraph (1) or (2) of this subsection.
(b) The following students shall not be eligible for the remedial education program:
(1) Students who are receiving services under the special instructional assistance pro gram as authorized by Code Section 20-2-153; or
(2) Students who are receiving instruction under the special education program that is designed to address their respective reading, mathematics, or writing deficiencies.
(c) Students in grades two through five shall only receive instruction at any given time at their current performance level or slightly above such level in the subject matter areas for which they are eligible under the provisions of this Code section; provided, however, that the program of instruction is designed to move the student to grade level or higher in the shortest possible time while ensuring mastery as the student progresses. Each local unit of administration shall submit to the State Board of Education by July 1 of each year the average achievement scores by subject area and grade level of all students who were receiv ing instructional services under the provisions of this Code section, except those students whose lEP's under the special education program state they shall not be administered such achievement tests. If appropriate evaluation data are not received from a local school system by the state board by July 1 of each year, after a hearing has been held for the system, the subsequent allocation of funds under this Code section for the next fiscal year shall be with held in accordance with the procedure specified in Code Section 20-2-243. The state board shall monitor each local school system's remedial education program at least once each year. The state board shall annually request sufficient state funds to pay a pro rata share of the costs associated with the staff of the federal compensatory education program for disadvantaged children when such staff is used to evaluate the remedial education program under this Code section in conjunction with the evaluation of the federal compensatory education program for disadvantaged children in the same local school system.
20-2-155. (a) The State Board of Education shall establish a state-wide school climate management program to help local schools and systems requesting assistance in developing school climate improvement and management processes. Such projects will be designed to optimize local resources through voluntary community, student, teacher, administrator, and

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other school personnel participation. These processes will be designed for, but will not be limited to, promoting positive gains in student achievement scores, student and teacher mo rale, community support, and student and teacher attendance, while decreasing student sus pensions, expulsions, dropouts, and other negative aspects of the total school environment. The state board upon request is authorized to provide the necessary on-site technical assis tance to local schools and systems and to offer other assistance through regional and state wide conferences and workshops, printed material, and such other assistance as may be deemed appropriate under this subsection. The state board shall, upon request of a local school system, produce model codes of behavior and discipline and shall produce guidelines for application and administration of such codes. The results of this program shall be annu ally presented to the General Assembly for review in determining future appropriations for state-level technical assistance necessary to perform the duties assigned to the state board under this Code section.
(b) The State Board of Education is authorized to create an in-school suspension pro gram. As the vast majority of the students who disrupt public school classrooms are also experiencing problems in mastering classroom assignments and are below expectation in their academic achievement, it is the policy of this state that it is preferable to reassign disruptive students to isolated, individually oriented in-school suspension programs, rather than to suspend or expel such students from school. Therefore, the primary purposes of the in-school suspension program are to isolate the offending students from the regularly as signed classrooms and activities of the school, to continue progress relative to classroom assignments, and to provide individually oriented instruction in essential skills and knowl edge areas for which low achievement levels are contributing to the students' adjustment problems. The in-school suspension programs may be housed in the regularly assigned schools, special schools specifically organized for such programs, or alternative schools, pro vided the suspended students are isolated from typical school activities until they demon strate sufficient adjustment to warrant their returning to their previously assigned classes. The state board shall adopt regulations, standards, and eligibility criteria necessary to guide the effective operation of state supported in-school suspension programs. For the first year of implementation of this program state wide, the state board shall request an amount for grants to local school systems based upon documentation of the number of eligible students estimated to be served; provided, however, that funds appropriated for this program in the initial year of operation shall be allocated only on the basis of the documented actual num ber of students being served during the initial year. For the second year of operation and thereafter, the amount of funds appropriated and allocated for this program shall be based on the actual count of students served during the preceding year.
20-2-156. The State Board of Education shall create a program for limited-English-pro ficient students whose native language is not English, subject to appropriation by the Gen eral Assembly. The purpose of this program is to assist such students to develop proficiency in the English language, including listening, speaking, reading, and writing, sufficient to per form effectively at the currently assigned grade level. For the first year of implementation of this program state wide, the state board shall request an amount for grants to local school systems based upon documentation of the number of eligible students estimated to be served; provided, however, that funds appropriated for this program in the initial year of operation shall be allocated only on the basis of the documented actual number of students being served during the initial year. For the second year of operation and thereafter, the amount of funds appropriated and allocated for this program shall be based on the actual count of students served during the preceding year. The state board shall prescribe such rules and regulations regarding eligibility criteria and standards as may be needed to carry out the provisions of this Code section.
Part 4
20-2-160. (a) The State Board of Education shall designate the specific dates upon which three counts of students enrolled in each instructional program authorized under this article shall be made each school year and by which the counts shall be reported to the Department of Education. The initial enrollment count shall be made prior to October 1,

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the second enrollment count after November 1 but prior to January 1, and the final enroll ment count after March 1 but prior to May 1. The report shall indicate the student's spe cific assigned program for each one-sixth segment of the school day on the designated re porting date. No program shall be indicated for a student for any one-sixth segment of the school day that the student is assigned to a study hall; a noncredit course; a driver educa tion course; a course recognized under this article or by state board policy as an enrichment course; a course which requires participation in an extracurricular activity for which enroll ment is on a competitive basis; a course in which the student serves as a student assistant to a teacher, in a school office or in the media center, except when such placement is an ap proved work site of a recognized career or vocational program; an individual study course for which no outline of course objectives is prepared in writing prior to the beginning of the course; or any other course or activity so designated by the state board. For the purpose of this Code section, the term 'enrichment course' means a course which does not dedicate a major portion of the class time toward the development and enhancement of one or more student competencies as adopted by the state board under Code Section 20-2-140. A pro gram shall not be indicated for a student for any one-sixth segment of the school day for which the student is not enrolled in an instructional program or has not attended a class or classes within the preceding ten days; nor shall a program be indicated for a student for any one-sixth segment of the school day for which the student is charged tuition or fees or is required to provide materials or equipment beyond those authorized pursuant to Code Sec tion 20-2-133. A student who is enrolled in a regionally accredited postsecondary institution may be counted for the high school program for that portion of the day that the student is attending the postsecondary institution; provided, however, that the student is attending the high school for at least three segments that are eligible to be counted under this subsec tion and that the student's postsecondary program is approved by the high school principal or the principal's designee. The state board shall adopt such regulations and criteria as nec essary to ensure objective and true counts of students in state approved instructional pro grams. The state board shall also establish criteria by which students shall be counted as resident or nonresident students, including specific circumstances which may include, but not be limited to, students attending another local school system under court order or under the terms of a contract between two local school systems. If a local school system has a justifiable reason, it may seek authority from the state board to shift full-time equivalent program counts from the designated date to a requested alternate date.
(b) The full-time equivalent (FTE) program count for each local school system shall be obtained in the following manner:
(1) Count the number of one-sixth segments of the school day for which each student is enrolled in each program authorized under Code Section 20-2-161;
(2) Divide the total number of segments counted for each program by six. The result is the FTE program count for each respective state recognized program;
(3) The average of the local school system's most recent three FTE program counts shall serve as the FTE count used to compute the funds needed to finance each respective program for the ensuing year.
20-2-161. (a) The instructional program for grades four through eight is declared to be the base program against which the cost of all other instructional programs shall be com pared. The General Assembly shall annually establish through the General Appropriations Act the amount of funds needed by each FTE student in that program, in order that the base program can be sufficiently funded to provide quality basic education to all enrolled students. This amount of funds shall be known as the 'base amount' and shall reflect pro gram components which constitute the program weight for the middle grades program in Code Sections 20-2-182 through 20-2-186.
(b) As the cost of instructional programs varies depending upon the teacher-student ratios and specific services typically required to address the special needs of students en rolled, state authorized instructional programs shall have the following program weights:

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(1) Kindergarten program ................................................. 1.329

(2) Primary grades program (1-3)........................................... 1.237

(3) Middle grades program (4-8) ........................................... 1.000

(4) High school general education program (9-12) ............................ 0.996

(5) High school nonvocational laboratory program (9-12)...................... 1.295

(6) Vocational laboratory program (9-12) .................................... 1.322

(7) Program for the handicapped: Category I ................................ 2.415

(8) Program for the handicapped: Category II ............................... 2.872

(9) Program for the handicapped: Category III

3.628

(10) Program for the handicapped: Category IV. ............................. 5.735

(11) Program for the intellectually gifted students: Category V ................ 1.775

(12) Remedial education program

1.314

(c) The total funds needed for the Quality Basic Education Program for each local school system shall be calculated annually. Such total shall represent the product of the following calculations for each of the programs identified in subsection (b) of this Code section:

(1) Multiply the average FTE program count pursuant to subsection (b) of Code Sec tion 20-2-160 by the respective program weight established in subsection (b) of this Code section;

(2) Multiply the product computed in paragraph (1) of this subsection by the base amount as established in the General Appropriations Act; and

(3) Add the product computed in paragraph (2) of this subsection to the program ad justment amount for training and experience for the instructional program in accordance with subsection (d) of this Code section.

The process and associated components contained within this Code section shall be known as the 'Quality Basic Education formula.'

(d) The State Board of Education shall annually calculate for each instructional pro gram provided for in subsection (b) of this Code section for each local school system the amount of additional funds needed beyond the amounts reflected in the base amount and the program weights, in order to pay the state minimum salaries pursuant to Code Section 20-2-212. The calculation of such additional amount shall be based on all certificated profes sional personnel who were employed by the local school system as of the month of June for the most recent year that these data are available. Such additional amount shall be known as 'program adjustment amount for training and experience.'

(e) As the relative costs of the various program components will change over time and as some components will need to be added or removed, the Governor is authorized to ap point a task force every three years for the purposes of reviewing the effectiveness of ex isting program weights and recommending to the General Assembly any changes needed. This task force shall be comprised of members or staff of the General Assembly, the State Board of Education, and the Governor's office, and representatives of local school systems.

20-2-162. (a) The State Board of Education shall annually recalculate the total amount needed under the Quality Basic Education formula for the midterm adjustment for the cur rent fiscal year using the average of the most recent three FTE counts. If the total amount needed by each local school system when recalculated is greater than the initial amount calculated, then the state board shall increase the total allotment for said system by the difference between the recalculation and the initial calculation. All funds allocated as the result of this recalculation to a local school system for direct instructional costs as defined in paragraph (1) of subsection (a) of Code Section 20-2-167 shall be applied to the direct in-

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structional costs of any or all of the instructional programs specified in Code Section 20-2161 which had FTE counts pursuant to this Code section that are higher than the FTE counts upon which the initial allocations were based. The balance of the funds allocated to a local school system as the result of this recalculation must be applied to items specified in Code Sections 20-2-182 through 20-2-186 for instructional programs specified in subsection (b) of Code Section 20-2-161 and shall not be expended for any program or service explicitly excluded from the FTE count in Code Section 20-2-160. The total amount of increased funding required by the midterm adjustment shall be requested by the state board and shall demonstrate for each receiving local school system the average FTE count used in the initial calculation compared to the midterm average count for each program category system wide. If the recalculation for a local school system is less than the initial calculation, the amount of funds initially allotted to the system shall not be reduced for the current fiscal year. Local school systems which fail to provide the state board with complete FTE student counts by instructional program in the manner and by dates prescribed by the state board shall not be eligible for recalculation of their current year allotment.
(b) A midterm adjustment in a local school system's local fair share shall be made if:
(1) The most recent actual property tax digest for educational maintenance and opera tion of a local school system, as approved by the Department of Revenue, is less than the actual property tax digest for educational maintenance and operation approved by the De partment of Revenue for the year used initially to calculate the system's local fair share pursuant to Code Section 20-2-164, and such reduction is due to more accurate assessments or actual loss in tangible property or a combination of these factors as determined by the Department of Revenue; and
(2) The most recent equalized adjusted school property tax digest for the local school system is less than the equalized adjusted school property tax digest for the year used ini tially to calculate the system's local fair share.
Such a midterm adjustment shall be made by reducing the initial local fair share by the percentage decrease over the most recent two years in the actual property tax digest for educational maintenance and operation. The gross value of property prior to deduction of any exemptions shall be used throughout the calculations under this subsection. The provi sions of this subsection shall apply only to the midterm adjustment of local fair share as provided in this Code Section.
20-2-163. Reserved.
20-2-164. (a) The State Board of Education shall calculate the amount of local fair share funds that each local school system shall be required to spend each fiscal year to support the Quality Basic Education Program; provided, however, that the local fair share for any local school system shall not exceed one-half of the amount calculated pursuant to paragraph (1) of subsection (a) of Code Section 20-2-166. The amount of each local school system's local fair share shall be calculated as follows:
(1) Multiply the most recent equalized adjusted school property tax digest for the local school system by .4;
(2) From the product calculated in paragraph (1) of this subsection deduct the total amount calculated pursuant to subsection (g) of this Code section; and
(3) Multiply the remainder calculated in paragraph (2) of this subsection by .005.
(b) (1) Each local school system shall apply the total amount of its local fair share funds to any combination of programs funded under this article; provided, however, that no por tion of the local fair share funds is applied to the financing of educational programs and services operated at the option of the local school system or for any grant program which explicitly excludes the application of local funds or which explicitly requires an application of local funds other than from the local fair share.
(2) The local school system may apply revenues toward the local fair share from any source except: funds derived from the federal government which were not designed to re-

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place local tax revenues; state funds; student tuition and fees; funds transferred from an other local unit of administration; and other sources specifically prohibited by provisions of this article; provided, however, that an independent school system may apply appropriations from the taxing authority of its municipal government.
(c) (1) The state auditor shall furnish to the State Board of Education the equalized adjusted school property tax digests in accordance with Code Section 48-5-274.
(2) Except as provided in subsection (b) of Code Section 20-2-162, the sums of the most recent equalized adjusted school property tax digests shall be used to make the calculations required by subsection (a) of this Code section for each fiscal year.
(d) Each municipality having an independent school system and each county govern ment shall annually provide the Department of Revenue with the following information for each local school system within its jurisdiction:
(1) The total number of granted state-wide constitutional homestead exemptions for occupied homes pursuant to Code Section 48-5-44 exclusive of those homestead exemptions provided pursuant to Code Sections 48-5-47, 48-5-48, and 48-5-52;
(2) The total number of granted state-wide constitutional homestead exemptions for disabled veterans pursuant to Code Section 48-5-48;
(3) The amounts of tax and nontax revenues by source which have been distributed by said local government to local school systems for educational maintenance and operation; provided, further, that if the total tax revenues collected by a municipal government exceed the amount of all revenues distributed to its school system, the total amount of tax revenues collected by the municipal government shall also be submitted to the Department of Reve nue. Such data shall be submitted to the Department of Revenue no later than the date required for the submission of the local tax digests to the Department of Revenue; and
(4) The difference between the actual assessed valuation of agricultural property and the valuation that would be assessed if all agricultural property were assessed at 40 percent of its fair market value as provided in Code Section 48-5-7; provided, however, that if the taxing authority of a local school system assesses property at a legal standard other than 40 percent of fair market value, the actual assessed valuation used in this calculation shall be reduced to represent the amount which would be assessed if the jurisdiction assessed prop erty at 40 percent of fair market value.
(e) The Department of Revenue shall annually verify, certify as correct, and furnish the State Board of Education with the following data for each local school system by November 15:
(1) All tax and nontax revenues by source for the preceding fiscal year which were dis tributed for educational maintenance and operation; provided, however, such tax and non tax revenues shall exclude any state revenue collections which were previously distributed to the state general fund and then appropriated or allocated to local school systems; and pro vided, further, that if the total tax revenues collected by a municipal government exceed the amount of all revenues which it distributed to its school system, the total amount of reve nues distributed to the school system shall be designated as tax revenues in the report of the Department of Revenue to the state board;
(2) The number of exemptions granted for state-wide constitutional homestead exemp tions for owner occupied homes pursuant to Code Section 48-5-44, exclusive of those home stead exemptions provided pursuant to Code Sections 48-5-47, 48-5-48, and 48-5-52, for the preceding calendar year;
(3) The number of exemptions granted for state-wide constitutional homestead exemp tions for disabled veterans pursuant to Code Section 48-5-48 for the preceding calendar year; and
(4) The difference between the actual assessed valuation of agricultural property and the valuation that would be assessed if all agricultural property were assessed at 40 percent

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of its fair market value as provided in Code Section 48-5-7, adjusted pursuant to paragraph (4) of subsection (d) of this Code section.
(f) The Office of Planning and Budget shall annually furnish to the State Board of Education the estimated number of individuals age 65 or older residing in each local school system and the estimated percent that such individuals are of the total population for each local school system. The Office of Planning and Budget shall furnish all information re quested by the General Assembly regarding the procedure for estimating this percent.
(g) For purposes of calculation under this Code section and Code Section 20-2-165, the equalized adjusted school property tax digest, adjusted by paragraph (1) of subsection (a) of this Code section, shall be reduced by the sum of the following products:
(1) The product of the number of constitutional homestead exemptions for owner occu pied homes pursuant to Code Section 48-5-44 granted for that year, exclusive of those homestead exemptions provided pursuant to Code Sections 48-5-47, 48-5-48, and 48-5-52, multiplied by the amount per exemption authorized under Code Section 48-5-44; provided, further, that in any city operating an independent school system which provides a home stead exemption through local legislation comparable to that provided in Code Section 48-544, the product calculated in this paragraph shall represent the number of homestead ex emptions provided through the applicable local legislation multiplied by the amount per exemption authorized in Code Section 48-5-44, or by the amount per exemption authorized in the applicable local legislation, whichever is less; and provided, further, that if the amount per exemption authorized in Code Section 48-5-44 has been changed subsequent to the year of the applicable digest, the more recently adopted amount per exemption shall be used for the product calculated in this paragraph;
(2) The product of the number of constitutional homestead exemptions for disabled veterans pursuant to Code Section 48-5-48 granted for that year, multiplied by the amount per exemption authorized under that Code section; provided, further, that in any city oper ating an independent school system which provides a homestead exemption through local legislation comparable to that provided in Code Section 48-5-48, the product calculated in this paragraph shall represent the number of homestead exemptions provided through the applicable local legislation multiplied by the amount per exemption authorized in the appli cable local legislation, whichever is less; and provided, further, that if the amount per ex emption authorized in Code Section 48-5-48 has been changed subsequent to the year of the applicable digest, the more recently adopted amount per exemption shall be used for the product calculated in this paragraph;
(3) The product of the estimated number of persons age 65 or older residing in the local school system during that year multiplied by 5,000;
(4) The product which results from the following calculations:
(A) Subtract the estimated state-wide percentage that persons age 65 or older is of the total population, excluding military personnel and institutional population, from the respec tive percentage for the local school system. If the respective percentage for the local school system is less than the state-wide percentage, a difference of zero shall be used in the calcu lations in this paragraph;
(B) Multiply the difference which results from subparagraph (A) of this paragraph by 1,000; and
(C) Multiply the product which results from subparagraph (B) of this paragraph by the estimated number of persons age 65 or older residing in the local school system during that year; and
(5) The product which results from the following calculations:
(A) Divide the amount reported in paragraph (4) of subsection (e) of this Code section by the average ratio of assessed value to true value used to calculate the most recent equal ized adjusted school property tax digest pursuant to Code Section 48-5-274; and

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(B) Multiply the quotient which results from subparagraph (A) of this paragraph by .4.
(h) In the event a local school system fails to provide for or to use the amount of local funds required to be raised and applied by the local school system toward the support of the Quality Basic Education Program as defined by this article during any fiscal year, the State Board of Education shall calculate the total amount of such funds and add that amount to the local fair share being required of the local school system for an ensuing fiscal year. Further, should the state auditor cite an audit exception which requires that a local school system return an amount of funds to the state general fund, the state board shall add said amount to the local fair share of the local school system for an ensuing fiscal year if the state board has not been provided documentation that the amount has already been paid to the state general fund. Such additions will thereby reduce the amount of state funds which shall be allotted to such local school systems. If a local school system does not fulfill its obligation relative to its assessed local fair share or any other provisions of this article for any fiscal year, the state board may withhold any portion or all of the state funds to be allotted during the current or an ensuing fiscal year.
20-2-165. (a) As used in this Code section, the term:
(1) 'Assessed valuation' is defined as 40 percent of the equalized adjusted school prop erty tax digest reduced by the amount calculated pursuant to subsection (g) of Code Section 20-2-164.
(2) 'Assessed valuation per weighted FTE' is defined as the assessed valuation for the most recent year available divided by the weighted FTE for the year of the digest.
(3) 'Effective millage rate' is defined as local tax revenues divided by the assessed valu ation and multiplied by 1,000.
(4) 'Eligible full-time equivalent program count' is defined as the sum of the FTE resi dent student count and FTE nonresident student count pursuant to subsection (b) of Code Section 20-2-160 for each program specified pursuant to subsection (b) of Code Section 202-161; provided, however, that each FTE nonresident student count for each program shall not exceed the lesser of the count for fiscal year 1986 or the count for any ensuing fiscal year, unless the local school system serves under contract all of the students in one or more grade levels from an adjoining system or unless the system serves students from an adjoin ing system under court order.
(5) 'Equalized adjusted school property tax digest' is defined as the most recent equal ized adjusted school property tax digest furnished to the State Board of Education pursuant to paragraph (1) of subsection (c) of Code Section 20-2-164.
(6) 'Guaranteed valuation school system' is defined as the local school system ranking at the ninetieth percentile in dollars of assessed valuation per weighted FTE, where the rank ing of school systems is such that the one-hundredth percentile school system is that with the highest amount in dollars of assessed valuation per weighted FTE. For the purpose of determining the assessed valuation per weighted FTE of the guaranteed valuation school system only, a reduction of the assessed valuation for exemptions authorized by Code Sec tion 48-5-44 and 48-5-48 shall be calculated whether such exemptions are granted or not granted by the guaranteed valuation school system.
(7) 'Local tax revenues' is defined as the sum of tax revenues for a local school system as furnished to the state board by the Department of Revenue pursuant to subsection (e) of Code Section 20-2-164, reduced by the total amount of general funds expended for capital outlay or transferred into an escrow account for capital outlay purposes for the most recent fiscal year such data is available and increased by any federal funds designed to replace local tax revenues provided to the said system; provided, however, that the local school system has furnished the state board with acceptable documentation which clearly identifies the source or sources of such federal funds.
(8) 'Most recent average weighted FTE count' is defined as the average of the three most recent weighted FTE counts.

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(9) 'Qualified local school system' is defined as any local school system having an as sessed valuation per weighted FTE count for the year of the digest ranking below the guar anteed valuation school system and having an effective millage rate greater than the millage rate applied to calculate the local fair share pursuant to subsection (a) of Code Section 20-2164.
(10) 'Weighted FTE count' is defined as the sum of all eligible full-time equivalent program counts multiplied by their respective program weights in effect during the fiscal year that the FTE counts were obtained pursuant to Code Section 20-2-161.
(11) 'Weighted FTE for the year of the digest' is defined as the average of the three weighted FTE counts taken during that fiscal year beginning during the year of the digest.
(b) The State Board of Education shall annually calculate the equalization grant for each qualified local school system in the following manner:
(1) Subtract the assessed valuation per weighted FTE for the local school system from the assessed valuation per weighted FTE for the guaranteed valuation school system;
(2) Divide the difference resulting from paragraph (1) of this subsection by 1,000;
(3) Subtract the millage rate applied to calculate the local fair share pursuant to sub section (a) of Code Section 20-2-164 from the effective millage rate for the local school sys tem and use the resulting number of effective mills or three effective mills, whichever is less, as the number of effective mills to be equalized;
(4) Multiply the quotient resulting from paragraph (2) of this subsection by the number of effective mills to be equalized pursuant to paragraph (3) of this subsection;
(5) Multiply the product resulting from paragraph (4) of this subsection by the most recent average weighted FTE count for the local school system; and
(6) The resulting amount shall be the equalization grant for the ensuing fiscal year; provided, however, that for each local school system which serves under contract all of the students in one or more grade levels from an adjoining system and for each local school system which sends under contract all of the students in one or more grade levels to an adjoining system, the equalization grant shall be recalculated to represent the amount that would be earned if the students transferred under said contract were included in the FTE counts of the local school system in which they reside; provided, further, that any recalcu lated equalization grant to be earned by a local school system sending students to another system under the provisions of such a contract shall be reduced by an amount which repre sents the equalization funds earned per weighted FTE student multiplied by the total weighted FTE count for students transferred, and any recalculated equalization grant to be earned by the local school system receiving students under said contract shall be increased by the same amount. The amounts so recalculated shall be the equalization grants for such local school systems. The recalculations shall occur after the assessed valuation per weighted FTE of the guaranteed valuation school system has been calculated and shall not affect the calculation of the assessed valuation per weighted FTE of the guaranteed valuation school system.
(c) The State Board of Education shall allocate respectively the amount calculated under subsection (b) of this Code section to each qualified local school system. For the first effective year of the merger of any two or more local school systems, the equalization grant shall be the addition of amounts which would have been separately earned by the systems participating in the merger or the amount which would have been earned if the systems had already been merged during the year of the applicable digest, whichever is greater. No por tion of local fair share shall be applied to such equalization grants. In the event sufficient funds are not appropriated in a fiscal year to the state board to allot the full amount of equalization grants calculated to be payable to qualified local school systems as provided in this Code section, the state board shall proportionately reduce the amount of funds to be allocated to qualified local school systems.

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20-2-166. (a) The State Board of Education shall calculate the total amount of state funds to be allotted to a local school system by:
(1) Adding the amount calculated for the local school system for grants authorized under the provisions of this article which do not expressly involve a local share, except the state school lunch grant pursuant to Code Section 20-2-187, to the amount calculated for the local school system for the Quality Basic Education formula pursuant to subsection (c) of Code Section 20-2-161;
(2) Subtracting the amount of funds required by the local school system for local fair share pursuant to Code Section 20-2-164 from the sum in paragraph (1) of this subsection; and
(3) Adding any equalization grant which may be earned pursuant to subsection (c) of Code Section 20-2-165, the state school lunch grant pursuant to Code Section 20-2-187, and the portion to be paid from state funds for all grant programs authorized by this article which involve a local share, except the Quality Basic Education formula, to the difference in paragraph (2) of this subsection, the result being the amount of state funds which the state board shall allot over the course of the fiscal year to the local school system, except that the amount of state funds allotted may be increased by the midterm adjustment as provided in Code Section 20-2-162. The state board shall, to the extent necessary, reduce the amount of state funds to be allocated to local school systems in support of the Quality Basic Education Program or in support of any of the purposes for which state funds might be allotted to local school systems under this article if the amount of state funds appropriated in support of such program or in support of any one or more of the purposes for which allotments of funds are provided by this article is not adequate to finance the cost of the state portion of such program or such purposes, determined in accordance with this article.
(b) The State Board of Education shall, by regulation, provide for distribution of state funds allotted to local units of administration under this article and budgets approved by the state board. The state board is authorized to provide for distribution of state funds to local units of administration at such times and in such manner as will most likely meet the periodic needs of local units for the state allotted funds. In determining the time and man ner for distribution of state funds, the state board may consider the time at which local school tax funds shall be collected and made available to local units of administration. State funds to be distributed to local units under this article shall be withdrawn from the state treasury on requisitions to be signed by the State School Superintendent, which shall be signed in accordance with such regulations and directions of the state board.
20-2-167. (a) (1) The State Board of Education shall annually compute, based upon the initial allotment of funds to each local school system, the total funds needed for direct in structional costs for each program identified in Code Section 20-2-161. 'Direct instructional costs' is defined as those components of the program weights which are specified in subsec tions (a) through (g) of Code Section 20-2-182. In computing the total funds needed for direct instructional costs for each program, the state board shall apply the percentage that these costs represent of the total costs used in developing the program weights. The direct instructional costs for the four instructional programs for handicapped students shall be summed into one amount for special education. The direct instructional costs for the kin dergarten program and primary grades program shall be summed into one amount for the early elementary grades. Of the total funds designated for direct instructional costs for each program, a minimum of 90 percent shall be spent on the direct instructional costs of such program, except as modified in this paragraph. For each local school system which is granted an additional allotment for the midterm adjustment pursuant to Code Section 20-2162, the 90 percent amount shall be increased by the portion of the midterm adjustment allotment which is applied to the direct instructional costs of an instructional program. In the event a local school system does not actually enroll the FTE count that was anticipated by its initial allocation for a program authorized pursuant to Code Section 20-2-161 and it elects to return a portion of that allocation for direct instructional costs to the state, the 90 percent amount for direct instructional costs of that program shall be reduced by that re-

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turned amount. Except as otherwise provided by law or rule and regulation of the state board, local school systems may decide whether direct instructional funds shall be used for teacher salaries, aide salaries, instructional material or equipment, or any other appropriate direct instructional expense. Quality Basic Education formula funds in excess of the amount required by this paragraph to be expended by a local school system for the direct instruc tional costs of an instructional program specified by Code Section 20-2-161 which are not expended for the direct instructional costs of that program may be expended only for the direct instructional costs of one or more of the other programs specified by that Code section.
(2) The state board shall annually compute, based upon the initial allotment of funds to each local school system, the total funds needed system wide for media center costs. In computing the total funds needed for media center costs, the state board shall apply the percentage that these costs represent of the total costs used in developing program weights. Each local school system shall spend a minimum of 90 percent of the total funds designated for media center costs for this purpose. For each local school system which is granted an additional allotment for the midterm adjustment pursuant to Code Section 20-2-162, the 90 percent amounts shall be increased by the portion of the midterm adjustment allotment which is applied to media center costs. In the event a local school system does not actually enroll the FTE count that was anticipated by its initial allocation and it elects to return a portion of its allocation for media center costs to the state, the 90 percent amount for media center costs shall be reduced by that returned amount. Quality Basic Education formula funds in excess of the amount required by this paragraph to be expended by a local school system for media center costs which are not expended for this purpose may be expended only for the costs of one or more of the programs specified by Code Section 20-2-161.
(3) The state board shall annually compute, based upon the initial allotment of funds to each local school system, the total funds needed system wide for staff development costs. In computing the total funds needed for these categories, the state board shall apply the per centage that these costs represent of the total costs used in developing the program weights. Each local school system shall spend a minimum of 90 percent of the total funds designated for staff development on programs for certificated and classified personnel and local school board members and for meeting the certification requirements needed by personnel to con tinue in currently assigned positions. For each local school system which is granted an addi tional allotment for the midterm adjustment pursuant to Code Section 20-2-162, these 90 percent amounts shall be increased by the portion of the midterm adjustment allotment which is applied to staff development. In the event a local school system does not actually enroll the FTE count that was anticipated by its initial allocation and it elects to return a portion of its allocation for staff development costs to the state, the 90 percent amount for staff development shall be reduced by that returned amount. Quality Basic Education formula funds in excess of the amount required by this paragraph to be expended by a local school system for staff development of certificated and instructional personnel which are not expended for this purpose may be expended only for staff development of noncertificated personnel employed by the local school system and the members of the local school board, for meeting certification requirements of personnel, and for administration and operation of the staff development and professional development programs authorized pursuant to sub section (g) of Code Section 20-2-182.
(4) In the event any local school system should fail to encumber at least 90 percent of the funds specified in paragraph (1), (2), or (3) of this subsection, the state board shall increase the local fair share for an ensuing year by the difference between the actual amounts encumbered and the 90 percent amounts calculated pursuant to this subsection. All funds earned pursuant to this article may be expended only for the operation of educa tional programs and services explicitly authorized under this article.
(5) The budget of each local school system shall reflect all anticipated revenues from each source. The budget of each local school system shall designate all of such anticipated revenues among the several funds or accounts of the system and shall not leave any antici pated revenues undesignated. Except as otherwise provided in this paragraph, all amounts

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allocated to each fund or account and any existing balance in each fund or account shall be intended for expenditure within the budget year for the purposes of that fund or account. There shall be no fund or account in the nature of a 'surplus' or 'unobligated surplus' fund or account. Each local school system may, however, establish a single reserve fund or reserve account intended to cover unanticipated deficiencies in revenue or unanticipated expendi tures, provided that the budget for any year shall not allocate to such reserve fund or re serve account any amounts which, when combined with the existing balance in such fund or account, exceed 15 percent of that year's total budget. A local school system may also estab lish one or more capital accumulation funds or accounts, and amounts may be allocated to such capital accumulation funds or accounts for expenditure in future budget years only if the purpose for which such amounts will be expended and the anticipated date of expendi ture of such amounts are clearly and specifically identified. The purpose of this paragraph is to prohibit local school systems from accumulating surplus funds through taxation without accounting to the taxpayers for how such funds will be expended, and this paragraph shall be liberally construed to accomplish this purpose.
(b) (1) The State Board of Education shall establish a computerized uniform budget and accounting system as a component of the state-wide comprehensive educational infor mation network established pursuant to Code Section 20-2-320 and shall establish uniform regulations to be implemented by local units of administration. The computerized uniform budget and accounting system shall conform to generally accepted governmental accounting principles which shall include, but not be limited to, the following costing information:
(A) Instructional program involved;
(B) Whether basic education or enrichment in purpose;
(C) Fund source or sources; and
(D) Major program components such as instructional personnel, instructional opera tions, facility maintenance and operation, media center operation, school administration, system administration, staff development, or professional development.
(2) The state board is authorized to prescribe information that must be submitted to the state board and the time it must be submitted. The state board is authorized to estab lish a financial review section for the limited purpose of reviewing financial records and accounting of local governing boards and assisting local units of administration in training personnel in financial and budgetary accounting.
(c) The State Board of Education is authorized to prescribe a date by which each local unit of administration must submit a budget to the state board. The regulations developed by the state board must make adequate provision for local review and modification prior to local approval and submittal to the State School Superintendent. The State School Superin tendent shall provide for the examination and preparation of a written report on the budget of each local unit and submit a copy to the state board and to the respective local unit of administration. The state board shall neither accept or reject the budget of a local unit.
(d) The standards set forth in this article shall be construed as setting out a basic plan for the direction of the State Board of Education in planning a program and presenting proposals to the Governor and to the General Assembly. Nothing in this article shall be construed as amending or modifying in any way Part 1 of Article 4 of Chapter 12 of Title 45, known as the 'Budget Act.' The state board shall, in all of its programs involving allocation or expenditure of funds, be governed and controlled by Part 1 of Article 4 of Chapter 12 of Title 45 and all other laws of general application pertaining to the handling and expenditure of state funds, none of which are amended, modified, or repealed by this article unless spe cifically so provided in this article.
20-2-168. (a) All federal funds received by the State Board of Education for purposes contained within this article shall be apportioned and distributed by the state board in a manner consistent with this article as additional aid to local units of administration in de fraying the cost of establishing and operating approved programs subject to such rules and

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regulations as may be prescribed by the state board and in accordance with the approved state plan for such programs, where applicable.
(b) (1) The State Board of Education, through a study which includes consultation with the Department of Administrative Services, representatives of local units of administration, and such others as the state board may consult, shall determine whether an overall substan tial price advantage to local units of administration may be obtained by means of a com bined bid by local units through the state board and the Department of Administrative Services on standard items of school equipment, supplies, services, or other expenses desig nated by the state board, which are ordinarily needed, procured, or incurred by local units, without a sacrifice of safety or quality. The study used to make such determination shall be performed not less than once every five years. If the state board shall determine that such a price advantage to local units may be obtained by such means on any one or more of such items or expenses, the state board shall, after consultation with such persons, establish sets of uniform standard specifications for each item or items as may reasonably be required in order to meet the various needs and requirements of the several local units of administra tion. Local units of administration shall, at such times as the state board shall prescribe, report the probable annual requirement of the local unit for such standard items to the state board and the requested time for future delivery of such items. The state board shall compile such requirements and submit a compilation of them to the Department of Admin istrative Services, together with such other information as may be needed or otherwise re quested by the Department of Administrative Services for the purpose of advertising for bids for a uniform state price on such items.
(2) The Department of Administrative Services shall advertise for bids for supply of such items in the same manner followed for state purchases; provided, however, that it shall inform prospective bidders that the bid requested is for the furnishing of such items to the designated local units of administration at the times specified on the basis of a single state price applicable to all local units, that payment for such items as may be purchased by local units shall be made by the respective local units to the bidder, that no guarantee is made that any purchases will be made from the successful bidder as a result of such bidding, and such other information as shall be appropriate under the circumstances. The Department of Administrative Services shall, upon receipt of bids, process them in the same manner fol lowed for state purchases and promptly notify the state board of the name of the successful bidder and such other available information as may be required by the state board, which shall promptly forward such information to all local units of administration.
(3) Local units of administration may obtain competitive bids from vendors on such standard items of school equipment, supplies, services, or other expenses based upon uni form specifications established for such items by the state board and may purchase such items from the vendor submitting the best bid to the local unit, whether or not the bid price of such vendor is greater or less than the state-bid price on such items; provided, however, that whenever a local unit purchases such standard items at a price in excess of the statebid price for such items, the state board shall, when computing standard costs for allotment of state funds, disallow the excess costs paid for such items by the local unit; provided, further, that local units of administration shall implement textbook adoptions from text book listings prescribed by the state board pursuant to Article 19 of this chapter within 18 months of the time said textbook listings are provided by the state board. The state board shall prescribe regulations necessary for implementation and enforcement of this subsection and is authorized to establish standards and uniform standard specifications and procedures for the purchase, distribution, use, and maintenance, as the case may be, of school equip ment, supplies, services, and other expenses, as may be designated by the state board, whether or not state-bid prices are obtained on such items.
(c) (1) Except as otherwise provided in this Code section, public elementary and sec ondary schools of this state receiving state aid under this article shall provide each eligible student with access to no less than 180 school days of education each fiscal year. The State Board of Education shall define a school year, which shall be no less than 180 days of in-

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struction in accordance with the provisions of this subsection, and shall define the length of the school day.
(2) Any provision of this subsection or this article to the contrary notwithstanding, when the President of the United States proclaims a national emergency, or when the Gov ernor proclaims a state of emergency, or when, because of disaster, civil disturbance, or a shortage of vital and critical material, supplies, or fuel, the continued operation of the pub lic schools according to the definitions of school year, school month, or school day is imprac tical or impossible, then the state board shall have the power to authorize local boards of education to depart from a strict interpretation of these definitions, and such departure need not be uniform throughout the state.
(3) Each fiscal year shall begin on July 1 and end on June 30 of the following year.
(d) The governing board of any local unit of administration may provide for continued operation of one or more educational programs of the local unit for a period of time beyond the normal school year provided for in subsection (c) of this Code section for the purpose of providing summer school education programs, including: the continuation of one or more instructional programs provided for in Part 3 of this article, enrichment of prescribed school programs, accelerated school programs, special programs of education enumerated by or coming within the scope of this article, and such other education programs as may be ap proved by the State Board of Education. All summer school programs shall meet and be offered in accordance with standards, requirements, and criteria prescribed by the state board. Teachers and other certificated professional personnel employed full time or part time during such period shall be paid additional salaries based on the state minimum monthly salary schedule, in proportion to the time and services rendered by such personnel. No additional state funds shall be allotted to local units in support of such programs unless the General Assembly authorizes funds for this purpose. The state board is authorized to allot such state funds to local units in support of all or any one or more of such summer school education programs. The extent to which these state funds may be allotted to local units of administration in support of any one or more of such programs shall be determined by the state board but shall not in any event exceed the ratio of state funds to local funds made available to the local unit during the preceding school year in support of the calcu lated cost of providing the Quality Basic Education Program in the local unit during that school year. The state board is authorized to determine the relative need for establishment of any one or more of the various summer school education programs enumerated in this subsection, to establish priorities for implementation of such programs, and to allot funds appropriated for this purpose to local units of administration in support of those programs.
(e) (1) It is declared to be the policy of this state that every effort be made to utilize currently available educational facilities and equipment on a year-round basis. The State Board of Education shall certify that a local school system has a year-round operation for one or more grade levels for any instructional program as provided in Part 3 of this article which meets the following criteria:
(A) That the operation of the program is for 232 official attendance days or more, con stituting four quarters or any plan for year-round operation approved by the state board;
(B) That for a student's first 176 or more days, constituting three quarters or an equivalent plan approved by the state board, attendance shall be on a tuition-free basis; and
(C) That the program is offered for all official attendance days in accordance with such standards, requirements, and criteria as may be prescribed by the state board.
(2) For all instructional programs of a local school system approved by the state board for year-round operation pursuant to paragraph (1) of this subsection, whether the yearround operation is approved system wide or for only a portion of the local school system, the state board shall make the following modifications concerning the calculation of the FTE counts used in the allotment provisions under this article, specifically the provisions of Code Sections 20-2-161, 20-2-162, and 20-2-165:
(A) The state board shall require a FTE count to be done each year for the instruc-

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tional programs approved for year-round operation between June 15 and August 15 in a manner and on a date specified by the state board; provided, however, that such counts shall be done in a manner consistent with the provisions of Code Section 20-2-160;
(B) The state board shall average the summer FTE count with the other FTE counts for the instructional programs approved for year-round operations that are specified in the appropriate allotment provisions of this article; and
(C) The state board shall multiply the averages which result from subparagraph (B) of this paragraph by one and one-third and use this FTE count in all allotment calculations for these instructional programs. A similar process shall be applied to all other instructional programs approved by the state board for year-round operation which are required by this article or by state board policy to use student counts in determining the allotment of funds to local school systems.
(3) The state board shall have the authority to prescribe requirements and standards for the distribution, use, and expenditure of funds allotted under this subsection.
Part 5
20-2-180. The essential educational resources described in this part shall serve as the basis for computing the base amount and program weights used in the Quality Basic Educa tion formula pursuant to Code Section 20-2-161. Although the essential educational re sources described in this part shall serve as guidelines to local school systems as to the manner by which funds allocated pursuant to Code Section 20-2-161 are expended, the local school systems are authorized to expend such funds as deemed appropriate and necessary to provide the most effective educational programs and services needed by enrolled students, except as otherwise limited by the provisions of subsection (a) of Code Section 20-2-167 and other appropriate provisions of this article and by policies, regulations, and standards promulgated by the State Board of Education.
20-2-181. The calculation of all program weights shall reflect a base size local school system of 3,300 FTE students. The calculation of program weights for the kindergarten pro gram and primary grades program shall reflect a base school size of 450 FTE students. The calculation of program weights for the middle grades program, the special education pro grams, and the remedial education program shall reflect a base school size of 624 FTE stu dents. The calculation of the program weights for the high school general education program and the high school nonvocational and vocational laboratory programs shall reflect a base school size of 970 FTE students.
20-2-182. (a) The program weights, when multiplied by the base amount, shall reflect sufficient funds to pay at least the beginning salaries of all teachers needed to provide essen tial classroom instruction in order to ensure a Quality Basic Education Program for all en rolled students, subject to appropriation by the General Assembly.
(b) The program weights for the kindergarten program, the primary grades program, and the remedial education program shall reflect sufficient funds to provide instructional aides to assist teachers; provided, however, that pursuant to subsection (a) of Code Section 20-2-167 funds earned by a local school system for direct instructional costs of any program specified in Code Section 20-2-161 may be used to employ instructional aides. Further, the base amount and program weight for the middle grades program shall reflect the cost of providing teachers with clerical assistance for a limited portion of each school day, subject to appropriation by the General Assembly.
(c) The program weights for the primary and middle grades programs, when multiplied by the base amount, shall reflect sufficient funds to pay at least the beginning salaries of specialists qualified to teach art, music, and physical education, subject to appropriation by the General Assembly.
(d) The program weights for the high school programs authorized pursuant to para graph (4) of subsection (b) of Code Section 20-2-151, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries for guidance counselors needed to

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provide essential guidance services. Further, said program weights, when multiplied by the base amount, shall reflect sufficient funds to provide for the development and supervision of an extended day program during the regular school year. Further, said program weights, when multiplied by the base amount, shall reflect sufficient funds to provide teachers with a preparation period free of assigned students.
(e) The program weights for the high school nonvocational laboratory program and the vocational laboratory program, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries of laboratory supervisors in each program.
(f) All program weights, when multiplied by the base amount, shall reflect sufficient funds to pay the cost of sick and personal leave for teachers, the employer's portion of costs for membership in the Teachers Retirement System of Georgia and health insurance pro grams authorized by law, the cost of essential instructional materials and equipment needed to operate effectively such instructional programs, and the cost of travel required of person nel in order to deliver educational services to enrolled students, subject to appropriation by the General Assembly. The State Board of Education shall withhold from the allotment for each local school system which operates an independent retirement program the amount intended to pay the employer's portion of costs for membership in the Teachers Retirement System of Georgia. The state board shall remit the amount withheld directly to the Teach ers Retirement System of Georgia.
(g) All program weights, when multiplied by the base amount, shall reflect, whenever they are revised pursuant to subsection (e) of Code Section 20-2-161, an amount of funds for the purpose of providing staff development to certificated and classified personnel and local school board members which shall be at least equivalent to one-half of 1 percent of salaries of all certificated professional personnel used in the development of each respective program weight, subject to appropriation by the General Assembly. The program weights, when mul tiplied by the base amount, shall also reflect an amount of funds for the purpose of provid ing professional development stipends which shall be sufficient to allow eligible certificated personnel to participate in such activities at least once every five years, subject to appropri ation by the General Assembly. Such stipends shall be provided to the individual on a reim bursable basis on a state approved schedule. If any portion of professional development funds are not expended by a local school system for this purpose, that portion shall be returned to the state. Such staff and professional development activities shall be in accor dance with the annual local staff development plan approved by the State Board of Educa tion pursuant to Code Section 20-2-232.
(h) The State Board of Education shall adopt for each instructional program authorized pursuant to Part 3 of this article the maximum number of students which may be taught by a teacher in an instructional period. Such maximum class sizes shall be equal to or greater than the class sizes used to develop the program weights as set forth in subsection (b) of Code Section 20-2-161. The number of students taught by a teacher at any time after the first 15 school days of a school year may not exceed the maximum such number unless authorization for a specific larger number is requested of the state board, along with the educational justification for granting the requested exemption, and the state board has ap proved said request. The state board shall not reduce class sizes without the authorization of the General Assembly, if this reduction necessitates added costs for facilities, personnel, and other program needs. Local boards of education may reduce class sizes, build additional facilities, and provide other resources at local cost if such actions are in the best interest of the local school systems' programs as determined by the local boards of education.
20-2-183. All program weights, when multiplied by the base amount, shall reflect suffi cient funds to provide for the maintenance and operation of facilities essential for housing instructional programs and essential supportive educational services, subject to appropria tion by the General Assembly.
20-2-184. All program weights, when multiplied by the base amount, shall reflect suffi cient funds to pay the beginning salary for at least one media specialist for an appropriate base size school pursuant to Code Section 20-2-181 an to provide media center materials

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and equipment, excluding computer hardware and software, as is essential to support in structional programs authorized under Part 3, subject to appropriation by the General Assembly.
20-2-185. All program weights, when multiplied by the base amount, shall reflect suffi cient funds to pay the beginning salaries of principals and assistant principals as well as the salaries of secretaries essential for the efficient and effective management of the instruc tional and supportive educational programs of an appropriate base size school pursuant to Code Section 20-2-181 and to provide for the costs of operating an administrative office in the school, subject to appropriation by the General Assembly.
20-2-186. All program weights, when multiplied by the base amount, shall reflect suffi cient funds to pay the beginning salaries of a superintendent, assistant superintendents, and a visiting teacher as well as the salaries of secretaries and an accountant essential for the efficient and effective management of all instructional and supportive educational programs of a base size local school system pursuant to Code Section 20-2-181 and to provide for the costs of operating an administrative office for the local school system, subject to appropria tion by the General Assembly. Further, the program weights for all special education pro grams pursuant to Code Section 20-2-152, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries of special education leadership personnel and school psychologists and psychometrists essential and necessary for the effective operation of such programs in a base size local school system.
20-2-187. (a) (1) The State Board of Education shall annually determine the amount of state funds needed to provide a state-wide school lunch program. The state board shall, by regulation, provide for certifying and classifying school lunch supervisors and managers and establish training programs for school lunch personnel. The state board is authorized to provide for the payment of:
(A) Operating costs of school lunchrooms, including breakfast costs, as financed by fed eral funds, for those students eligible under federal guidelines;
(B) State supplements to the salaries paid such personnel by local units of administra tion; and
(C) State incentive pay for satisfactory completion of such training programs.
(2) An application of local fair share funds pursuant to Code Section 20-2-164 shall not be made for payments to local units of administration under this Code section. Any state funds appropriated for this purpose shall be used to supplement federal funds as a means of keeping sale prices within reach of paying students and of maximizing participation and quality meals for all students.
(b) The State Board of Education is authorized to prescribe by appropriate rules and regulations that there may be included as part of the program of every public school in this state a course of instruction in nutrition, hygiene, etiquette, and the social graces relating to the partaking of meals and is further authorized to allot funds, in a manner consistent with the funding for the other various components of the instructional program, to local units of administration for costs directly associated with this program. There may be utilized in the course of instruction the full resources available to each individual school, including its cafe terias, school lunch personnel, and all practical demonstrations in the preparation and con sumption of food which may be necessary to formulate a comprehensive course of instruc tion in such subject matter. Any period of the school day may be utilized for the teaching of this course of instruction, including that period usually reserved for the lunch period.
(c) (1) The State Board of Education shall establish a system of allotments of funds to local units of administration to provide for services rendered on a ten-month basis by school food and nutrition personnel. The amount of funds paid to any local unit of administration shall be paid in 12 monthly payments and shall be based upon the number of full-time equivalent school lunch positions needed to plan, prepare, and serve meals in that local unit of administration, multiplied by an annual base payment. For each school food manager, the

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local unit of administration shall earn the base payment as well as an amount not to exceed $100.00 per month.
(2) The base payment shall be calculated on the basis of an annual number of hours (190 days multiplied by eight hours) for a full-time equivalent school lunch position, multi plied by an amount not less than $161.00 per month for 12 months. Future annual increases in the base payment shall reflect the same percentage increase provided by the state for other state funded positions. The state board shall annually establish a state performance standard and shall determine the number of full-time equivalent school lunch positions needed to plan, prepare, and serve meals based on the state performance standard and the average daily number of student lunches served during the preceding school year.
(3) Each local unit of administration shall establish a staffing pattern and determine the number of personnel to employ. Local units of administration shall establish the salary schedule for school food and nutrition personnel and shall use the base payments in financ ing the locally established salary schedule.
20-2-188. (a) The amount of funds needed by a local unit of administration to pay ex penses of student transportation shall be calculated by the State Board of Education in accordance with a schedule of standard transportation costs to be incurred by local units of administration in the operation of economical and efficient student transportation programs and a schedule of variable transportation costs or variable cost factors dependent upon pre vailing circumstances which affect, in varying ways, the cost of student transportation au thorized by this Code section; provided, however, that the amount of funds to be actually distributed to any local unit of administration under this Code section during any school year shall not exceed the actual costs incurred by the local unit in transporting students to and from public schools, including costs for transportation for handicapped or limited-English-proficient students who must travel across local school system lines or away from the school to which they would normally be assigned if they did not have such special needs. It is further provided that the costs of the regular student transportation program receive full funding before funds are provided for transportation of students to and from places for the purpose of work experiences, training in instructional laboratories outside the assigned schools, and in other such field trips required of or integral to the various instructional components of the educational program. In establishing the schedule of standards and vari able student transportation costs or cost factors the state board is, without limiting the generality of the foregoing, authorized to consider factors and circumstances such as the number and density of students transported in the local unit of administration and the areas therein served by school buses; the suitability of school bus routes in the local unit; the suitability of the type and number of buses used by the local unit; the number of miles traveled by school buses in the local unit; minimum bus loads; transportation surveys, cost of transportation equipment, and depreciation schedules; the schedule of minimum salaries for school bus drivers established in accordance with subsection (b) of this Code section; the number of school bus drivers allotted to the local unit; maintenance, repair, and operating costs of transportation equipment; climate and terrain; condition of roads used for the pur pose of transporting students in the local unit; cost of liability insurance; cost of safety instruction and training for both bus drivers and students; and such other factors and cir cumstances as the state board may find relevant for the purpose of establishing such sched ules and cost factors. The state board shall have authority to establish minimum require ments and standards respecting use of funds allotted under this Code section.
(b) The State Board of Education shall establish a schedule of uniform minimum sala ries that shall be paid by local units of administration to drivers of school buses, regardless of type of ownership, which shall be not less than the amount appropriated by the General Assembly each year but not less than $402.00 per month for 12 months. The minimum salary schedule shall not apply to drivers of cars and other vehicles not designated as school buses. Local units of administration shall not pay to any bus driver in their employment salaries less than those prescribed by the uniform minimum salary schedule but shall have the authority to supplement such salaries. The expense of purchasing, maintaining, and op erating such buses, regardless of type of ownership, shall not be considered in establishing

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the schedule of uniform minimum salaries for school bus drivers. The schedule of uniform minimum salaries shall be used as a standard cost item for the purpose of calculating the expense of student transportation under subsection (a) of this Code section. This subsection shall not apply to student or teacher drivers.
(c) To the extent that the State Board of Education obtains a state-bid price under subsection (b) of Code Section 20-2-168 on any standard item of equipment, supply, or ser vice used or obtained by local units of administration in connection with or as a result of providing transportation services to students attending the public schools of such local units or on any other standard expense incurred by local units, the standard transportation cost or allowance to be attributed to such item or expense under subsection (a) of this Code section shall be based upon an amount not in excess of the state-bid price on such item or expense.
(d) Students who live beyond one and one-half miles from the school to which they are assigned, according to the nearest practical route by school bus, shall be eligible to be counted as transported students for the purpose of calculating that portion of the expense of student transportation associated with transporting students from home to school and from school to home as authorized under subsection (a) of this Code section, provided such students are actually transported to such school by school bus or other vehicle made availa ble for this purpose by the local unit of administration. Any student who resides within such mileage limitation shall not be eligible to be counted for school transportation state-aid purposes, with the exception of handicapped students being transported.
(e) The State Board of Education shall establish and require adherence to minimum specifications for vehicles used or contracted to be used by local units of administration for transporting students, taking into account the factors and circumstances set forth in subsec tion (a) of this Code section, and shall establish and require adherence to minimum stan dards and requirements respecting maintenance, repair, inspection, and use of such vehicles and minimum qualifications for the drivers of such vehicles. The state board shall require, monitor, and fund a program of safety instruction in the practices of safe riding and emer gency bus evacuation drills for both school bus drivers and students riding school buses.
(f) The State Board of Education shall have the authority to allot funds for the trans portation of all public school students residing on Sapelo Island to the mainland of the state for the purpose of attending school on the mainland.
(g) The State Board of Education shall adopt policies, procedures, regulations, and other such requirements for the transportation and for payment of all transportation costs pursuant to subsections (a) through (e) of this Code section, for all students with special needs identified by the various local units of administration. Further, the state board shall allot funds to local units of administration for transportation costs for those students au thorized by such local units of administration to attend schools and programs of other local units.
(h) The State Board of Education shall adopt policies and regulations relative to vehi cles used for the transportation of students with special needs.
(i) Notwithstanding the provisions of subsections (a) through (h) of this Code section, funds to pay the expenses of student transportation shall be paid to an independent school system only when requested by the board of education of such independent school system. Any funds for student transportation costs shall be specified by the board of education of the independent school system in its budget prepared pursuant to subsection (c) of Code Section 20-2-167 and, if not budgeted therein, no expenses for student transportation shall be payable to the independent school system for the fiscal year covered by such budget. No provision of this article shall be construed to require the board of education of any indepen dent school system to furnish student transportation services within such school system.
(j) The amount of funds needed by a local unit of administration during a fiscal year for sick and personal leave expenses of school bus drivers shall be determined by multiplying the number of school buses allotted to a local unit of administration pursuant to this Code

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section by a sum of money not less than $75.00. The State Board of Education shall have the authority to prescribe minimum requirements and standards for the distribution, use, and expenditure of funds allotted under this subsection.
Part 6
Subpart 1
20-2-200. (a) The State Board of Education shall provide, by regulation, for certifying and classifying all certificated professional personnel employed in the public schools of this state. No such personnel shall be employed in the public schools of this state unless they hold certificates issued by the state board certifying their qualifications and classification in accordance with such regulations. The state board shall establish such number of classifica tions of other certificated professional personnel as it may find reasonably necessary or de sirable for the operation of the public schools; provided, however, that such classifications shall be based only upon academic, technical, and professional training experience, and competency of such personnel. The state board is authorized to provide for revoking or denying a certificate for good cause after an investigation is held and notice and hearings are provided the certificate holder. The state board shall designate and define the various classifications of professional personnel employed in the public schools of this state that shall be required to be certificated under this Code section. Without limiting the generality of the foregoing, the term 'certificated professional personnel' is defined as all professional personnel certificated by the state board and county or regional librarians.
(b) (1) Before granting a renewable certificate to an applicant, the State Board of Edu cation shall require the applicant to demonstrate satisfactory proficiency on a test of specific subject matter or other professional knowledge appropriate to the applicant's field of certification.
(2) Before granting a renewable certificate to an applicant, the state board is authorized to require the applicant to demonstrate satisfactory proficiency on a test of oral and written communication skills and an assessment to demonstrate satisfactory on-the-job performance appropriate to the applicant's field of certification.
(3) Before granting an initial renewable certificate to an applicant, the state board is authorized to require the applicant to demonstrate satisfactory proficiency on a test of broad general knowledge.
(4) On any test or assessment required as a condition for receiving any renewable certif icate, each applicant shall have at least three opportunities to demonstrate the required proficiency. Each applicant currently employed by a local unit of administration who ini tially does not pass any required tests or assessments may request and thereby shall be provided staff development assistance in the areas of identified deficiencies. An applicant must achieve the required passing score on any of the required tests only once for each certification level and field.
(5) An individual holding a valid life certificate is exempt from the provisions of this subsection for that certificate field.
(c) The State Board of Education shall have the authority to grant a renewable certifi cate at the four-year level in a teaching field to an applicant who has not completed a teacher preparation program; provided, however, that such applicant meets the following conditions:
(1) Is the holder of a bachelor's degree from a regionally accredited college or university in a subject area field which has been declared by the state board to be a critical shortage field;
(2) Has satisfactorily completed an appropriate college course related to human growth and development otherwise required of applicants for such certification;
(3) Has satisfactorily completed a one-year supervised classroom internship involving the appropriate teaching field; and

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(4) Has obtained satisfactory results on tests and assessments pursuant to subsection (b) of this Code section otherwise required of applicants for such certification.
(d) The State Board of Education shall have the authority to grant a renewable certifi cate at the five-year level in a teaching field to an applicant who did not complete an under graduate teacher preparation program; provided, however, that such applicant meets the following conditions:
(1) Is the holder of a master's degree in education in a teaching field from a college or university program recognized or approved by the state board;
(2) Has satisfactorily completed a one-year supervised classroom internship involving the appropriate teaching field; and
(3) Has obtained satisfactory results on tests and assessments pursuant to subsection (b) of this Code section otherwise required of applicants for such certification.
20-2-201. (a) Any person certified as a teacher, principal, or guidance counselor pursu ant to Code Section 20-2-200 shall have satisfactorily completed a course of five or more quarter hours, approved by the State Board of Education, in the identification and educa tion of children who have special educational needs or shall have satisfactorily completed an equivalent preparation in a staff development program designed for this purpose, provided such staff development program shall have received prior approval of the state board. As used in this subsection, 'children who have special educational needs' is defined as such children as defined by Code Section 20-2-152. Those teachers, principals, and guidance counselors of other states, those applicants completing noneducation programs who are oth erwise eligible for provisional certification in Georgia, and those teachers with lapsed Geor gia teaching certificates who are otherwise eligible for emergency certificates who would be employed and certified in Georgia schools but lack the requirements of this subsection shall have a period of one year from date of employment to obtain the prescribed training. Teachers holding valid Georgia teaching certificates shall have until their recertification date to comply with the requirements of this subsection. Any person taking the course under this Code section shall receive appropriate credit toward certification and salary increases.
(b) Universities and colleges having teacher preparation programs for grades kindergar ten through eight shall require, as a part of such teacher preparation requirements, a sepa rate course in health education and a separate course in physical education. The content of the course in health education shall include general knowledge and attitudes in all critical areas of health and shall include drug and alcohol abuse, smoking, and health education. The required course in physical education shall contain knowledge, attitudes, and under standing of how physical activity shall be integrated into the total lifestyle of an individual.
(c) Each local unit of administration shall be required to provide all professional per sonnel certificated by the State Board of Education 12 clock hours of in-service or continu ing education in each calendar year, or meet requirements of the Southern Association of Colleges and Schools. Such in-service programs shall be developed by the local unit of ad ministration in conjunction with such agencies as RESA's, colleges and universities, and other appropriate organizations. These programs shall be designed to address identified needs determined by appropriate personnel evaluation instruments. Records of attendance shall be maintained by local units of administration and shall be monitored by appropriate Department of Education staff.
20-2-202. All teachers and other professional personnel who hold life certificates shall be entitled to carry forward that lifetime status if they become qualified by reason of addi tional training for a next higher level of certification in the same field. However, holders of life certificates shall be subject to the tests and assessments regarding certification pursuant to subsection (b) of Code Section 20-2-200 when such tests or assessments are required to qualify for other provisions as set forth in this article or by state board policy or regulation.
20-2-203. All renewable certificates granted by the State Board of Education shall have a validity period of five years.

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20-2-204. (a) As used in this Code section, the term:
(1) 'Aide' is defined as a person who may have less than professional training and who takes no independent actions and has no decision-making authority but performs routine tasks assigned by higher certificated personnel. An aide who works as an instructional aide shall possess the minimum of a high school diploma or a general educational development (GED) equivalency diploma.
(2) 'Licensed personnel" is defined as paraprofessionals and aides.
(3) 'Paraprofessional' is defined as a person who may have less than professional-level certification, who relates in role and function to a professional and does a portion of the professional's job or tasks under the supervision of the professional, and whose decisionmaking authority is limited and regulated by the professional. Such a paraprofessional shall possess the minimum of a high school diploma or a general educational development (GED) equivalency diploma.
(4) 'Permitted personnel' is defined as persons who may not qualify for professional certificates, including retired teachers, but who function in the educational programs in the same manner as certificated personnel. Such personnel qualify for their positions on the basis of experience rather than formal education.
(b) The State Board of Education shall provide for the classification of all licensed and permitted personnel employed in the public schools of this state, and no such personnel shall be employed in the public schools of this state unless they meet such minimum criteria as developed by the state board; provided, however, that such classifications shall be based only upon academic, technical, and professional training and experience of such personnel. The state board is authorized to provide for revoking or denying a license or permit for good cause after an investigation is conducted and notice and hearing is provided the license or permit holder.
Subpart 2
20-2-210. All personnel employed by local units of administration, including elected and appointed school superintendents, shall have their performance evaluated annually by ap propriately trained evaluators. In the case of local school superintendents, such evaluations shall be performed by the local board of education. Certificated professional personnel who have deficiencies and other needs shall have professional development plans designed to mitigate such deficiencies and other needs as may have been identified during the evalua tion process. Progress relative to completing the annual professional development plan shall be assessed during the annual evaluation process. The State Board of Education shall adopt such regulations and standards as are deemed necessary to ensure that the annual evalua tion and professional improvement planning processes are as objective, equitable, and effec tive as possible. The state board shall provide for the development and implementation by July 1, 1989, of a state-wide uniform annual evaluation instrument for each classification of professional personnel certificated by the state board. These instruments shall be field tested and revised to meet established measurement criteria designed to provide for validity and reliability.
20-2-211. (a) All teachers, principals, other certificated professional personnel, and other personnel of a local unit of administration shall be employed and assigned by its gov erning board on the recommendation of its executive officer. Minimum qualifications for employment of all personnel may be prescribed by the State Board of Education unless otherwise provided by law. Employment contracts of teachers, principals, and other certifi cated professional personnel shall be in writing and shall be signed in duplicate by such personnel on their own behalf and by the executive officer of the local unit of administration on behalf of its governing board.
(b) Any other provisions of this article or any other laws to the contrary notwithstand ing, each local governing board shall, by not later than April 15 of the current school year, tender a new contract for the ensuing school year to each teacher and other professional employee certificated by the State Board of Education on the payroll of the local unit of

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administration at the beginning of the current school year, except those who have resigned or who have been terminated, or shall notify in writing each such teacher or other certifi cated professional employee of the intention of not renewing his or her contract for the ensuing school year. When such notice of intended termination has not been given by April 15, the employment of such teacher or other certificated professional employee shall be con tinued for the ensuing school year unless such employee has been removed in the manner as provided in Code Section 20-2-940 or unless the teacher or certificated professional em ployee elects not to accept such employment by notifying the local governing board or exec utive officer in writing not later than May 1.
(c) Any other provisions of this article or any other laws to the contrary notwithstand ing, no local governing board shall employ any person as a teacher who has been discharged from the armed forces of the United States with a dishonorable discharge as a result of desertion or any person who has fled or removed himself from the United States for the purpose of avoiding or evading military service in the armed forces of the United States, excluding those who have been fully pardoned.
(d) Each local school system shall have a job description for each certificated profes sional personnel classification, shall have policies and procedures relative to the recruitment and selection of such personnel, and shall adhere to such recruitment and selection policies and procedures. Such policies and procedures shall assure nondiscrimination on the basis of sex, race, religion, or national origin. Such policies and procedures shall also include the announcement in writing of the availability of all certificated positions to the appropriate colleges and universities in the state and to the Department of Education. A local board of education may also announce such positions in the legal organ of the county in which the school system is located and to colleges and universities in other states.
20-2-212. The State Board of Education shall establish a schedule of minimum salaries for services rendered which shall be on a ten-month basis and which shall be paid by local units of administration to the various classifications of professional personnel required to be certificated by the state board. The minimum salary schedule shall provide a minimum sal ary base for each classification of professional personnel required to be certificated; shall provide for increment increases above the minimum salary base of each classification based upon individual experience and length of satisfactory service; and shall include such other uniformly applicable factors as the state board may find relevant to the establishment of such a schedule. The minimum salary base for certificated professional personnel with bach elor's degrees and no experience, when annualized from a ten-month basis to a 12 month basis, shall be comparable to the beginning salaries of the recent graduates of the University System of Georgia holding bachelor's degrees and entering positions, excluding professional educator teaching positions, in Georgia having educational entry requirements comparable to the requirements for entry into Georgia public school teaching. The list of Georgia begin ning salaries by degree field used to calculate the minimum salary base shall be presented annually with the Governor's budget recommendations. The State minimum salary schedule shall in all other respects be uniform, with no differentiation being made on the basis of subjects or grades taught. The General Assembly shall annually appropriate funds to imple ment a salary schedule for certificated professional personnel. For each state fiscal year, the state board shall adopt the salary schedule for which funding has been appropriated by the General Assembly. A local unit of administration shall not pay to any full-time certificated professional employee a salary less than that prescribed by the schedule of minimum sala ries; nor shall a local unit of administration pay to any part-time certificated professional employee less than a pro-rata portion of the respective salary prescribed by the schedule of minimum salaries. Local units of administration may, however, supplement the salaries of such personnel and, in fixing the amount thereof, may take into consideration the nature of duties to be performed, the responsibility of the position held, the subject matter or grades to be taught, and the experience and performance of the particular employee whose salary is being supplemented.
20-2-213. The State Board of Education is authorized and directed to devise career ladder programs for teachers and other professional personnel certificated by the state

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board which provide such personnel who demonstrate above average or outstanding compe tencies relative to their respective positions and exhibit above average or outstanding per formance in executing their assigned responsibilities with salary supplements in recognition of such competency and performance. Achievement of students beyond the level that is typ ically expected for their ability shall be included in the performance criteria for any of the respective personnel categories when specified by the state board. The state board shall submit its policies and guidelines pertaining to the implementation of career ladder pro grams, along with the recommendations of the career ladder task force, to the General As sembly for review prior to submitting a request for funds to grant salary supplements under this program. The state board shall grant sufficient funds to each local unit of administra tion to pay the salary supplements of all personnel awarded supplements under the career ladder programs, subject to appropriation by the General Assembly.
20-2-214. The State Board of Education shall establish a schedule of salary supple ments for administrators who have system-wide or school-wide responsibilities. Each salary supplement shall be based on the respective weighted FTE count of the school system or school, the responsibilities associated with the respective positions, and any other factors as may be specified by the state board. The state board shall have the authority to establish salary supplements for other public education positions as deemed necessary and appropri ate. The amount of funds granted annually to a local school system shall be sufficient to pay such salary supplements, subject to appropriation by the General Assembly.
20-2-215. Classroom aides and paraprofessionals shall have, while performing assigned duties, the authority of 'in loco parentis,' except for the administration of corporal punish ment; provided, however, that such aides and paraprofessionals have at least the minimal training or experience, or both, prescribed by the State Board of Education to have such authority and that such aides and paraprofessionals are under direct supervision of class room teachers or other certificated professional personnel on a daily basis. Such aides and paraprofessionals shall have such authority both when the classroom teachers are present and when they are absent for justifiable purposes. Such purposes shall include planned re lease time and such activities as accompanying selected students to other locations or sites, instructing individual students or small groups at a location away from the classroom, meet ing with parents and guardians, planning instructional programs or lessons, participating in staff development activities, and other such education activities related to classroom in struction. The state board shall have the authority to prescribe such requirements and stan dards as it deems necessary for the effective implementation of this Code section.
20-2-216. As a condition for receiving funds under this article, it shall be the duty of each local unit of administration to employ and to utilize the services of substitutes for teachers who are absent. It shall be the duty of the local unit of administration to employ substitutes, including retired teachers in accordance with Code Section 47-3-127, who pos sess valid teaching certificates issued by the State Board of Education. If no person holding a valid teaching certificate is available for this purpose, the local unit of administration is authorized to employ the person who most closely meets the requirements for certification as a teacher and who is available to serve as a substitute, provided such person is closely supervised by the school principal or principal's designee. It shall be the duty of the state board to promulgate and adopt rules, regulations, and policies establishing classes or catego ries of persons, in order of descending priority, who most closely meet requirements for certification within this state. Nothing contained in this Code section shall prevent the local governing board or its executive officer from refusing to employ as a substitute teacher one who, in the discretion of the board, would be detrimental to the education of the students provided for by this article.
Part 7
20-2-230. (a) All public school officials and professional personnel certificated by the State Board of Education shall be provided the opportunity to continue their development throughout their professional careers. The primary purpose of the staff development spon sored or offered by local units of administration and the Department of Education shall be

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the implementation of this policy. Two additional purposes of such staff development pro grams shall be to adopt into general practice the findings of scientifically designed research which has been widely replicated, particularly as it relates to teacher and school effective ness, and to address professional needs and deficiencies identified during the process of ob jective performance evaluations.
(b) All new members of governing boards of local units of administration shall, before or within one year after assuming office, receive orientation to the educational program objectives of Georgia and instruction in school finance; school law, with special emphasis on the 'Quality Basic Education Act'; responsiveness to the community; the ethics, duties, and responsibilities of local governing board members; annual performance evaluation of the school superintendent and the local board of education; and such other topics as the State Board of Education may deem to be necessary. The state board is authorized to require the training of all members of boards of local units of administration which the state board deems to be necessary to ensure the effective management and operation of local units of administration. The Department of Education is authorized, in cooperation with the Geor gia School Boards Association, to conduct workshops providing such instruction and to pre sent to each board member completing such workshop an appropriate certificate. All boards of local units of administration are authorized to pay such board members the same per diem as authorized by local or general law for attendance at regular or special meetings, as well as reimbursement of actual expenses for travel, lodging, meals, and registration fees for such workshops, either before or after such board members assume office.
20-2-231. (a) The State Board of Education is authorized and directed to establish the Georgia Education Leadership Academy whose full-time personnel shall be employees of the Department of Education. The purpose of the Georgia Education Leadership Academy shall be to provide opportunities for public school leadership personnel to update and expand their leadership knowledge and skills.
(b) The Georgia Education Leadership Academy shall have an advisory board. Mem bers of the advisory board shall consist of two representatives from each of the following categories:
(1) Representatives of local school system administrators appointed by the State Board of Education;
(2) Representatives of colleges and universities appointed by the state board;
(3) Representatives of the House of Representatives appointed by the Speaker of the House;
(4) Representatives of the Senate appointed by the President of the Senate; and
(5) Representatives at large appointed by the Governor.
Members of the advisory board may be reimbursed for reasonable and necessary expenses incurred while carrying out their responsibilities if such reimbursement has not been pro vided from other sources.
(c) The Georgia Education Leadership Academy shall use such approaches as are neces sary to ensure the active participation of public school leadership personnel and their mas tery and application of essential knowledge and skills. Such approaches shall include but are not limited to, conducting seminars and workshops, awarding academic or staff development credit, and providing on-site technical assistance. Local governing boards are authorized to reimburse such administrators for actual expenses which result directly from participating in this program. The State Board of Education will provide a status report as to the effec tiveness of this program pursuant to subsection (e) of Code Section 20-2-282.
20-2-232. Each local school system shall develop an annual comprehensive staff devel opment plan and shall submit such plan to the State Board of Education for review and approval in the manner and at the time prescribed by the state board. The annual compre hensive staff development plan shall provide for programs designed to address deficiencies of school and system personnel as identified through the annual personnel evaluation proc-

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ess, staff development needs as identified through the evaluation of the effectiveness of in structional programs, and such other needs as deemed necessary by the local school system or prescribed by the state board.
Part 8
20-2-240. (a) The State Board of Education shall adopt and prescribe all rules, regula tions, and policies required by this article and such other rules, regulations, and policies as may be reasonably necessary or advisable for proper implementation, enforcement, and car rying out of this article and other public school laws and for assuring a more economical and efficient operation of the public schools of this state or any phase of public elementary and secondary education in this state. The state board shall establish and enforce standards for operation of all public elementary and secondary schools and local units of administration in this state so as to assure, to the greatest extent possible, equal and quality educational pro grams, curricula, offerings, opportunities, and facilities for all of Georgia's children and youth and for economy and efficiency in administration and operation of public schools and local school systems throughout the state. The state board shall have the power to perform all duties and to exercise all responsibilities vested in it by provisions of law for the im provement of public elementary and secondary education in this state, including actions designed to improve teacher and school effectiveness through research and demonstration projects. The state board shall have the power to take such actions as it deems necessary to ensure that the citizens have full awareness and knowledge relative to the costs, quality, and performance of the public elementary and secondary schools of this state. All rules, regula tions, policies, and standards adopted or prescribed by the state board in carrying out this article and other school laws shall, if not in conflict therewith, have the full force and effect of law.
(b) The State Board of Education is authorized, after a reasonable attempt at consulta tion with the State School Superintendent, to organize and reorganize the Department of Education and the various offices, divisions, sections, and units thereof and to prescribe the duties, functions, and operations of each at such times and in such manner as the state board may deem necessary or desirable for the more economical or effective organization, administration, or functioning of the department.
20-2-241. The State School Superintendent shall be the executive officer of the State Board of Education and the administrative officer of the Department of Education. He shall be responsible for the administration and enforcement of this article and other school laws in accordance with such laws and with rules, regulations, policies, and standards adopted or prescribed by the state board for the implementation, administration, or enforcement of such laws.
20-2-242. The political subdivisions governed by county, independent, and area boards of education in this state established pursuant to law shall be known as 'local school sys tems' for the purposes of this article, except where other specific provisions are made. All local school systems, boards of control of regional educational service agencies established pursuant to Code Section 20-2-272, and any other local or regional public education agencies established pursuant to law shall be known as 'local units of administration' for the pur poses of this article, except education agencies governed or regulated by boards of other state agencies or except where other specific provisions are made. The members and execu tive officers of local governing boards shall comply with, execute, and enforce all laws and all policies, rules, standards, and regulations adopted by the State Board of Education pursu ant to and within the authority granted by the Constitution and this Title in order to be eligible to receive state funds under this article. The qualifications, manner and time of selection, tenure, powers and duties, and state compensation if provided for, shall be pre scribed by law for all members and executive officers of local governing boards. Specifically, however, each local board of education shall be responsible for ensuring that:
(1) The instructional programs authorized pursuant to Part 3 of this article and the uniformly sequenced core curriculum authorized pursuant to Part 2 of this article are fully and effectively implemented;

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(2) Locally adopted and offered enrichment programs, courses, and activities are prop erly planned, implemented, monitored, and evaluated to ensure the highest quality possible; and
(3) Information is distributed to the public on a continuing basis relative to the costs, quality, and performance of the system's elementary and secondary schools.
20-2-243. In the event a local unit of administration shall fail to comply with any provi sion of this article or other school laws; any provision of rules, regulations, policies, stan dards, or requirements established by the State Board of Education adopted or promulgated pursuant to and within the authority granted by the Constitution and this title; or the terms of any contract with the state board, the state board may, in its discretion, withhold from the local unit all or any part of the state contributed Quality Basic Education Program funds allotted to the local unit under this article until full compliance is made by the local unit. The state board shall, before withholding funds, notify the local unit of its intention and state the reasons for such action. The governing board of the local unit shall be entitled to a hearing before funds are withheld, provided the local board requests a hearing within 30 days from receipt of notification. If the local governing board feels itself aggrieved by the final decision of the state board following the hearing, the local board shall have the right to obtain judicial review of the decision, on the record made before the state board, by filing an appeal in the superior court of the county of the local unit affected. The appeal shall plainly specify the decision being challenged, the questions in dispute, the decision of the state board, the relief sought by the local board, and the contentions of the local board. The appeal shall be based upon the record as a whole established at the time of the hearing before the state board. A transcript of the testimony and other evidence adduced before the state board at the time of such hearing shall be prepared and certified as true and correct by the State School Superintendent and filed in the court within 30 days after date of service of a copy of the appeal upon the superintendent or within such other time as the court may allow. The decision of the state board on appeal shall not be set aside if based upon any substantial evidence in the record, considering the record as a whole. The court may, in its discretion, whether or not prayed for in the appeal, remand the matter for future proceed ings or findings on such directions or terms as may be specified in the order of the court. Proceedings for review of the final judgment of the court shall follow the same course which is now or may hereafter be prescribed for other civil actions in the superior court. No funds shall be withheld until all appeals are exhausted. Any local unit of administration which feels aggrieved by any decision of the state board shall have the right to appeal under the provisions of this Code section.
Part 9
20-2-250. (a) The State Board of Education shall provide grants to qualified local units of administration for the purpose of improving the effectiveness of an educational program or service within a school, a cluster of schools, system wide, or regionally, subject to appro priation by the General Assembly. The state board shall appoint a review panel to evaluate all submitted proposals and submit appropriate recommendations to the state board for funding based upon criteria specified within this Code section. The criteria for awarding such a grant shall include the potential for widespread adoption of such improvement by other public schools or local units of administration in the state, the potential to which the project is likely to result in the proposed improvement, the quality of the proposed project design, the reasonableness of the costs involved in conducting the project, and such other criteria which the state board may deem appropriate and necessary. The state board shall have the authority to establish a list of educational programs and services for which project proposals will be considered or the state board shall have the authority to consider unsolic ited project proposals concerning any educational program or service needing improvement, or both. Local units of administration shall be required to expend local funds for a portion of the costs of projects authorized under this subsection. The amount of such local funds shall be based upon the ability of a local unit to pay a share of the cost relative to the ability of other local units in the state to pay their shares of such cost. Such local funds shall be in excess of the local funds required for the local fair share pursuant to Code Sec-

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tion 20-2-164 and in excess of the local funds required as a portion of the costs for other grant programs authorized under this article. The state board is further authorized to re duce the amount of a local grant request through negotiation with a local governing board and award the difference to an additional local unit of administration which has submitted an unfunded, qualified project.
(b) The State Board of Education shall provide grants to qualified local units of admin istration for the purpose of assisting other local units in their efforts to adopt an effective improvement of an educational program or service, subject to appropriation by the General Assembly. Only those local units of administration which have completed innovation pro grams under the process defined in subsection (a) of this Code section, regardless of fund source, and such innovation programs have been sufficiently validated to demonstrate pro gram effectiveness, may be considered for funding on a priority basis. The criteria for awarding such a grant shall be that the local unit of administration was previously instru mental in the development or adoption of such effective improvement, that the improve ment has the potential for widespread adoption by other local units or schools in other local units, that the improvement contributes to the increased effectiveness or efficiency of an educational program or service sufficiently to warrant the proposed project costs, and such other criteria which the state board may deem appropriate and necessary. Such a grant shall not require that any portion of such project's cost be paid by the qualified local unit of administration receiving such grant.
(c) The State Board of Education shall provide grants to qualified local units of admin istration for the purpose of adopting effective improvements of educational programs or services, subject to appropriation by the General Assembly. The criteria for awarding such a grant shall be that the proposed improvement of an educational program or service has been proven to be effective elsewhere, the proposed improvement contributes to the increased effectiveness or efficiency of an educational program or service sufficiently to warrant the proposed project's cost, and such other criteria which the state board may deem appropriate and necessary. All funds for such adoption projects shall be for costs in excess of costs for which funds have been otherwise provided by the provisions of this article. Local units of administration shall be required to expend local funds for a portion of the cost of projects authorized under this subsection. The amount of such local funds shall be based upon the ability of a local unit to pay a share of the cost relative to the ability of other local units in the state to pay their share of such costs. Such local funds shall be in excess of the local funds required for the local fair share pursuant to Code Section 20-2-164 and in excess of the local funds required as a portion of the costs for other grant programs authorized under this article.
20-2-251. (a) As used in this Code section, the term:
(1) 'Demonstration plan' is defined as a document submitted by the local school system and approved by the State Board of Education which describes: how certain state policies, standards, rules and regulations in practice inhibit the local school system's delivery of an appropriate and effective educational program; how a suspension of such policies would re sult in improvement of the educational program; the new demonstration program or activity without such policies; proposed stipulations under which the local school system will operate in lieu of those policies that the state board is requested to suspend; goals and objectives of the new demonstration program or activity; an evaluation system to determine if the goals and objectives of the new demonstration program or activity are being attained; and other such items as the state board may deem necessary for an effective demonstration plan.
(2) 'Demonstration school system' is defined as a local school system which is desig nated by the state board to operate the educational programs or services contained within its demonstration plan in accordance with the said plan.
(b) The State Board of Education shall have the authority and is directed to:
(1) Prescribe criteria, policies, and standards deemed necessary for the effective imple mentation of this Code section;

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(2) Annually designate local school systems which meet established state board criteria for being designated or continuing their designation as demonstration school systems; pro vided, however, that the State Department of Education shall annually review and evaluate the effectiveness of demonstration plans and submit findings and recommendations to the state board; and
(3) Suspend certification regulations and requirements and other state policies, stan dards, and regulations for approved demonstration school systems to the extent deemed essential for successful implementation of approved demonstration plans. However, such suspension of rules and regulations will apply only to those personnel, programs, and schools actually participating in the approved demonstration program or activity.
(c) All policies, rules, and regulations prescribed by the State Board of Education pur suant to Code Section 20-2-250 shall apply to this Code section, unless such application is explicitly excluded. No local school system shall be permitted to continue its designation as a demonstration school system for more than three fiscal years; provided, however, that a system may submit a new application for designation as a demonstration school system upon conclusion of its previous demonstration program or activity. Any demonstration school system program or activity designated as such during fiscal year 1987 may be desig nated to continue that status for fiscal year 1988 only, contingent upon approval for that year by the state board.
20-2-252. (a) Local school systems shall develop long-term system-wide electronic tech nology plans which list assessed needs; describe the planned phasing in of the computer hardware, software, and related electronic technology necessary to address the assessed needs; and contain such other items as the State Board of Education may deem necessary for an effective electronic technology plan. The state board shall adopt a long-term state wide electronic technology plan which is reflective of needs identified state wide and the priorities and planned actions designed to address such needs. The state board shall pre scribe the method and frequency by which such electronic technology plans shall be updated.
(b) The State Board of Education shall grant funds to local units of administration to be used to purchase computer hardware, software, and related electronic technology and to finance the costs of staff development programs pertaining to the use and application of computers and related electronic technology in educational programs and services, subject to appropriation by the General Assembly. The amount of funds granted to any local school system shall be based upon the extent of need as reflected in its electronic technology plan, the consistency of such need with the priorities established by the state board's state-wide plan, and such other considerations as deemed necessary by the state board. The amount of local funds required may be based upon the ability of a local school system to pay a share of the cost relative to the ability of other local school systems in the state to pay their share of such cost. Such local funds shall be in excess of the local funds required for the local fair share pursuant to Code Section 20-2-164 and in excess of the local funds required as a portion of the costs for other grant programs authorized under this article.
(c) The State Board of Education shall evaluate hardware and software, disseminate effective software, provide technical assistance and staff development training to local units of administration, and perform such other related functions as deemed necessary by the state board.
(d) The State Board of Education shall prescribe criteria, policies, and standards deemed necessary for the effective implementation of this Code section and shall take all actions deemed necessary to facilitate the adoption and effective utilization of computers and related electronic technology in improvement of the operations of educational programs and services in the state.
20-2-253. The State Board of Education shall provide qualified public elementary and secondary schools and local school systems with incentive award grants, subject to appropri ation by the General Assembly. The purpose of such grants shall be to give recognition to

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public schools and local school systems having demonstrated high levels of performance or high levels of improved performance; provided, however, that all comparisons of schools shall be with other schools containing similar grade levels and containing student popula tions which have similar demographic characteristics and that all comparisons of local school systems shall be with other local school systems containing student populations which have similar demographic characteristics. The amount of such incentive award grants shall be reflective of the most recent FTE counts of the qualified public schools or local school systems, respectively, and such other factors deemed appropriate by the state board. The public schools or local school systems receiving such incentive award grants shall ex pend these funds to improve their staff development or instructional programming, or both, in a manner they deem appropriate. Such recipients of the incentive award grants shall not be required to apply local funds to the expenditures authorized under this Code section. The state board shall adopt a list of performance areas for which public schools and local school systems may receive incentive award grants and shall prescribe criteria, policies, and standards deemed necessary for the effective implementation of this Code section.
20-2-254. The State Board of Education is authorized to engage in or otherwise to make provision for educational research into all methods of instruction and education of children and youth; to sponsor conferences, study groups, and workshops; and to conduct research or education demonstrations, experimentation, field tests, and such other projects which will support, improve, or stengthen the public schools of this state, the quality of education provided children and youth in the public schools of this state, and the qualifications and technical skills of professional personnel employed in the public schools of this state; and the state board is authorized to employ or contract for the services of specialists and others as may be necessary or desirable for such purposes and to cooperate with local school sys tems and public and private educational institutions and agencies inside or outside the state for such purposes.
Part 10
20-2-260. (a) It is declared to be the policy of the State of Georgia to assure that every public school student shall be housed in a facility which is structurally sound and well main tained and which has adequate space and equipment to meet each student's instructional needs as those needs are defined and required by this article.
(b) As used in this Code section, the following words or terms shall have the following meanings:
(1) 'Addition' refers to square footage of room floor space for instructional or other purposes added to an existing educational facility, whether physically connected thereto or a separate structure located on the same site.
(2) 'Annual debt service' is defined as expenditures for the annual retirement of debt for capital outlay construction projects for educational facilities and shall include the inter est on the principal as well as the principal of the debt.
(3) 'Capital outlay' includes, but is not necessarily limited to, expenditures which result in the acquisition of fixed assets, existing buildings, improvements to sites, construction of buildings, construction of additions to buildings, retrofitting of existing buildings for energy conservation, and initial and additional equipment and furnishings for educational facilities.
(4) 'Construction project' refers to the construction of new buildings, additions or ex pansion of existing buildings, relocation of existing buildings or portions thereof, renovation or modernization of existing buildings or structures, and procedures and processes con nected thereto, related to educational facilities.
(5) 'Educational facilities' shall include buildings, fixtures, and equipment necessary for the effective and efficient operation of the program of public education required by this article, which, without limiting the generality of the foregoing, shall include classrooms, li braries, rooms and space for physical education, space for fine arts, restrooms, specialized laboratories, cafetoriums, media centers, building equipment, building fixtures, furnishings, related exterior facilities, landscaping and paving, and similar items which the State Board

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of Education may determine necessary. The following facilities are specifically excluded: swimming pools, tracks, stadiums, and other facilities or portions of facilities used primarily for athletic competition and the central and area administrative offices of local units of administration.
(6) 'Educational facilities survey' is defined as a systematic study of present educational facilities and a five-year forecast of future needs which shall include, but shall not be lim ited to, the needs set forth in subsection (i) of this Code section based on the instructional program and service requirements of this article.
(7) 'Entitlement' refers to the maximum portion of the total need that may be funded in a given year.
(8) 'FTE student count' is defined as the average of the three FTE counts pursuant to Code Section 20-2-160 for a school year; provided, however, that the average daily member ship shall be used in lieu of such FTE student counts for school years for which such counts are not available.
(9) 'Local funds' refers to funds available to local school systems from sources other than state and federal funds except any federal funds designed to replace local tax revenues.
(10) 'Net equalized adjusted school property tax digest' is defined as the equalized ad justed school property tax digest furnished pursuant to Code Section 48-5-274, reduced in accordance with paragraphs (1) and (2) of subsection (a) of Code Section 20-2-164.
(11) 'Physical education facility' is defined as any facility which is designed for an in structional program in physical education and shall exclude any spectator stands, lobbies, public restrooms, concession areas, or space normally identified to serve only the interscholastic athletic program in which the school may participate.
(12) 'Renovation' or 'modernization' or both refers to construction projects which con sist of the initial installation or replacement of major building components such as lighting, heating, air-conditioning, plumbing, roofing, electrical, electronic, or flooring systems; millwork; cabinet work and fixed equipment; energy retrofit packages; or room-size modifi cations within an existing facility, but excluding routine maintenance and repair items or operations.
(13) 'Required local participation' is defined as the amount of funds which must be contributed by local school systems from local funds for each construction project.
(14) 'Unhoused students' is defined as those students who are not housed in school facilities which are structurally sound with adequate space as defined by the state board.
(15) 'Weighted FTE student count' is defined as the average of the three weighted FTE counts pursuant to paragraph (11) of subsection (a) of Code Section 20-2-165.
(c) The State Board of Education shall adopt policies, guidelines, and standards that meet the requirements specified in this Code section. The state board's responsibilities shall include the following:
(1) To adopt policies, guidelines, and standards for the annual physical facility and real property inventory required of each local school system. This inventory shall include, but not be limited to: parcels of land; number of educational facilities; year of construction and design; size, number, and type of construction space; amount of instructional space in per manent and temporary buildings; local property assessment and bond purposes; outstanding school bonds and annual debt service; and buildings and facilities not in use or rented or leased to individuals or other agencies of government, or used for other than instructional programs required by this article, each identified by its current use. Department of Educa tion staff shall annually review, certify the accuracy of, and approve each local school sys tem's inventory;
(2) To adopt policies, guidelines, and standards for the educational facilities survey re quired of local school systems. The educational facilities survey shall be initiated by written request of a local board of education. The request may suggest the number of teams and the

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individuals constituting such teams to participate in the survey. However, it shall be the responsibility of the Department of Education to constitute the makeup of the necessary teams. Said teams shall exclude local residents; employees of the local board of education, the servicing regional educational services agency, and other educational centers and agen cies servicing the local board; and individuals deemed unacceptable by the local board. The state board shall establish and maintain qualification standards for participants of survey teams. Each educational facilities survey shall include, but not be limited to, an analysis of population growth and development patterns; assessment of existing instructional and sup port space; assessment of existing educational facilities; extent of absolescence of facilities; and recommendations for improvements, expansion, modernization, safety, and energy re trofitting of existing educational facilities. The Department of Education staff shall review and certify as to the accuracy of each educational facilities survey. The state board shall approve or reject the recommendations of the survey team and shall establish appeal proce dures for rejected surveys;
(3) To adopt policies, guidelines, and standards for educational facilities construction plans. Local school system facilities construction plans shall include, but not be limited to, a list of construction projects currently eligible for state capital outlay funds, if any; educa tional facilities projected for abandonment, if any; educational facilities projected as needed five years hence; proposed construction projects for modernization, renovation, and energy retrofitting; proposed construction projects for the purpose of consolidating small, inefficient educational facilities, if any; and other construction projects needed to house the instruc tional programs authorized by provisions of this article;
(4) To adopt uniform rules, regulations, policies, standards, and criteria respecting all location, construction, equipping, operating, maintenance, and use of educational facilities as may be reasonably necessary to assure effective, efficient, and economical operation of the schools and all phases of the public education program provided for under the provisions of this article. Such matters shall include, but not be limited to, the method, manner, type, and minimum specifications for construction and installation of fixtures and equipment in educational facilities; space requirements per student; number and size of classrooms; allow able construction costs based on current annual construction cost data maintained by the Department of Education; and other requirements necessary to ensure adequate, efficient, and economical educational facilities. The state board shall adopt policies or standards which shall allow renovation costs up to the amount of new construction of a replacement facility, provided that the renovated facility provides comparable instructional and support ive space and has an extended life comparable to that of a new facility. Except for satisfying the most recent life safety codes, facilities which are undergoing renovation, modernization, or additions shall otherwise meet requirements applicable to them prior to renovation, mod ernization, or additions, provided that such additions do not increase the student capacity of the facility substantially above the capacity for which it was designed;
(5) To develop a state-wide needs assessment for purposes of planning and developing policies, anticipating state-wide needs for educational facilities, and providing assistance to local school systems in developing educational facilities plans. The state-wide needs assess ment shall be developed from, among other sources, vital statistics published by the Depart ment of Human Resources, census data published by the Bureau of the Census, local school system educational facilities and real property inventories, educational facilities surveys, FTE student projection research, and educational facilities construction plans and shall re flect circumstances where rapid population growth is caused by factors not reflected in FTE student projection research. In addition, the state board shall develop a consistent, system atic research approach to FTE student projections which will be used in the development of needs within each local unit. Projections shall not be confined to FTE resident students but shall be based on FTE student counts which include FTE nonresident students, whether or not such FTE nonresident students attend school pursuant to a contract between local school systems. The FTE projection shall be calculated in accordance with subsection (m) of this Code section. The survey team will use such projections in determining the improve ments needed for the five-year planning period. The state board shall also develop schedules

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for allowable square footage and cost per square foot. The cost estimate for each recom mended improvement included in the plan shall be based on these schedules. Any increase in cost or square footage for a project beyond that allowed by state board schedules for such projects shall be the responsibility of the local school system and shall not count toward present or future required local participation;
(6) To adopt policies, standards, and guidelines to ensure that the provisions of subsec tions (e), (f), (g), and (h) of this Code section relating to uses of state capital outlay funds, state and local share of costs, entitlements, allocation of capital outlay funds, advance fund ing for certain construction projects, and consolidation of schools across system lines are carried out;
(7) To review and approve proposed sites and all architectural and engineering draw ings and specifications on construction projects for educational facilities to ensure compli ance with state standards and requirements, and inspect and approve completed construc tion projects financed in whole or in part with state funds, except construction projects under supervision of the Georgia State Financing and Investment Commission. The state board may designate selected local units of administration which have staff qualified for such purposes to act on behalf of the Department of Education in such inspections, when the project is not under the direction of the Georgia State Financing and Investment Commission;
(8) To coordinate construction project reviews with the state fire marshal's office and the Department of Human Resources; and
(9) To provide procedures whereby local school systems may revise their educational facilities plans or the priority order of construction projects requested to reflect unforeseen changes.
(d) In order to qualify for and receive state capital outlay funds in accordance with provisions of subsections (g) and (h) of this Code section, each local school system must meet the following conditions and requirements:
(1) Prepare and annually update the real property inventory in accordance with provi sions of subsection (c) of this Code section;
(2) Complete a local educational facilities plan in accordance with provisions of subsec tion (c) of this Code section. Each proposed construction project shall be identified accord ing to the purposes for capital outlay funds as provided in subsection (e) of this Code sec tion. Each local school system shall specify the order of importance of all proposed construction projects. When two or more local school systems agree on the need for a consol idation project pursuant to subsection (e) of this Code section, the estimated construction cost shall be prorated to the participating local school systems and included with their iden tification of needs in accordance with the proportion of the number of students to be served from each local school system;
(3) Prepare and annually update the local educational facilities needs in accordance with provisions of subsection (c) of this Code section;
(4) Complete a comprehensive educational facilities survey at least once every five years in accordance with provisions of subsection (c) of this Code section in order to formulate plans for educational facilities to house adequately the instructional program authorized by this article. Prior to initiating the survey, the local school system must file a written request with the State Board of Education that a survey be done in its behalf and recommending the individuals who will conduct it. The cost of the survey shall be paid from local funds;
(5) Submit requests for capital outlay funds to the Department of Education;
(6) Submit descriptions of proposed educational facility sites and all architectural and engineering drawings and specifications for educational facilities to the Department of Edu cation for review and approval in accordance with provisions of subsection (c) of this Code section;

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(7) Revise the local educational facilities plan and priority order of requested construc tion projects in accordance with provisions of subsection (c) of this Code section; and
(8) Provide required local participation.
(e) State capital outlay funds for educational facilities appropriated in accordance with provisions of this Code section shall be used for the following purposes:
(1) To provide construction projects needed because of increased student enrollment or to replace educational facilities which have been abandoned or destroyed by fire or natural disaster and which shall consist of new buildings and facilities on new sites or new additions to existing buildings and facilities, or relocation of existing educational facilities or portions thereof to different sites;
(2) To provide construction projects to renovate, modernize, or replace educational fa cilities in order to correct deficiencies which produce educationally obsolete, unsafe, inacces sible, energy inefficient, or unsanitary physical environments;
(3) To provide construction projects for new additions to existing educational facilities or relocation of existing educational facilities or portions thereof to different sites in order to house changes in the instructional program authorized and funded under provisions of this article or new educational facilities on new sites or new additions to existing ones as a result of internal population shifts or changes in attendance zones within the local school system;
(4) To provide construction projects to consolidate educational facilities which have fewer pupils than required for the minimum school population by the State Board of Edu cation or which are too expensive to renovate or modernize due to obsolescence or location and which shall consist of new educational facilities on new sites, new additions to existing sites, or relocation of existing educational facilities or portions thereof to different sites;
(5) To provide construction projects to consolidate the total student populations in ele mentary, middle, or high schools across local school system lines. In such projects, there shall be no requirement to include a vocational wing as defined within the high school struc ture but neither shall such vocational wing be excluded for funding purposes; and
(6) To reimburse local school systems for current principal payments on local indebted ness for state approved construction projects for educational facilities. No local school sys tem may request funds for the purposes of this paragraph unless and until all construction projects identified in its construction plan for the purposes of paragraphs (1) through (5) of this subsection have been completed.
(f) The state and each local school system shall provide capital outlay funds for educa tional facilities in accordance with this subsection as follows:
(1) The required local participation shall be 25 percent of the eligible project cost as modified by the local ability ratio and annual debt service. The local ability ratio shall be determined by dividing the local school system's net equalized adjusted school property tax digest per weighted FTE resident student by the state-wide net equalized adjusted school property tax digest per weighted FTE resident student. The resulting ratio shall be multi plied by 25 percent of the cost of the eligible construction project to determine the required local participation. A local school system may reduce its required local participation by an amount equal to no more than 75 percent of annual debt service payments of interest and principal on local bonds issued for eligible construction projects. Regardless of the above, no local school system's required local participation shall be less than 10 percent nor greater than 25 percent of the cost of an eligible construction project except as provided in para graph (2) of this subsection; and
(2) The state shall participate in no more than 25 percent of the cost of construction projects related to damage to educational facilities caused by fire or natural disaster.
(g) (1) In order to determine a reasonable total funding level for the purposes stated in subsection (e) of this Code section and to establish a fair and equitable distribution of funds to local school systems, the State Board of Education shall annually determine a level of

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authorization. For a given fiscal year, the new authorization level may equal zero but shall not exceed $100 million, adjusted annually to reflect the changes in the current annual con struction cost data maintained by the Department of Education pursuant to paragraph (4) of subsection (c) of this Code section. For purposes of deliberations with the Governor and the General Assembly regarding the amount of state funds to be appropriated, calculations shall be made for at least three levels below the $100 million maximum authorization, ad justed as specified in this paragraph.
(2) In setting the annual authorization level, the state board shall consider any previ ously authorized but unfunded amounts together with the total estimate of funds needed for school facilities in the state. Such total state facilities needs shall be computed by summing the following:
(A) The total facility improvement needs included in the most recent five-year educa tional facilities plan which has been reviewed by a survey team and approved by the state board. Such needs shall annually be adjusted downward for projects financed by either state or local funds and shall annually be adjusted upward or downward to reflect changes in the FTE student counts but shall not be otherwise adjusted upward except upon approval of a new or revised five-year plan pursuant to subsections (c) and (d) of this Code section; and
(B) The sum of the annual debt service payments for the five-year period of the latest survey (that used in subparagraph (A) of this paragraph), excluding payments for postsecondary facilities, athletic facilities, administrative facilities, or other projects not in cluded in the approved five-year plan pursuant to subsections (c) and (d) of this Code sec tion. Such payments shall annually be adjusted downward for any portion used in lieu of required local participation as allowed in subsection (f) of this Code section and shall be adjusted upward for the remaining portion of the five-year period for increases in the an nual debt service payments resulting from local financing of projects covered by the state board approved plan.
(3) Each local school system shall be entitled to a portion of the total authorization set by the state board annually based on the ratio of that local school system's needs as com puted in paragraph (2) of this subsection to the total of all local school systems' needs. In addition to the annual entitlement, the local school system is eligible to receive any entitle ment accrued from previous years for which state funds have not yet been received. Any change in the method of determining entitlements in subsequent years shall in no way affect the amount of previously accrued entitlements.
(4) In order to determine the amount of state funds to be requested for a given fiscal year, total new and accrued entitlements must be compared to the state portion of the cur rent cost estimates of the projects approved in the educational facilities plan in priority order. Such comparison shall be made for each of the incremental entitlement levels re quired in paragraph (1) of this subsection. In the event that projects requested for funding exceed the total state entitlements and required local participation, local school systems may elect to contribute additional local funding. Local funds contributed in excess of re quired local participation may be credited as debt service credit only toward required local participation in subsequent years pursuant to paragraph (1) of subsection (f) of this Code section, provided that the requested state appropriation for this subsection shall not exceed $100 million annually and, if necessary, the new entitlement level shall be reduced to com ply with this limitation.
(5) The final level of entitlements actually authorized by the state board for a fiscal year shall be that level which is consistent with the Appropriations Act for that year.
(h) A local school system may receive state capital outlay funds for one construction project under the advance funding category to meet educational facilities needs due to the following:
(1) Extraordinary growth of student population in excess of the capacity of existing facilities;

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(2) Destruction of or damage to educational facilities by fire or natural disaster, limited by the provisions of paragraph (2) of subsection (f) of this Code section;
(3) Replacement of educational facilities which have been certified as hazards to health or safety;
(4) Projects, in priority order, which would otherwise require more than three years of the combined annual entitlement and required local participation amounts, estimated in accordance with the total entitlement intended for authorization by the State Board of Edu cation; and
(5) Projects for consolidation of schools across local school system lines which have costs that exceed the combined annual entitlements of the participating local school sys tems. Such projects shall meet, with the exception of paragraph (2) of this subsection, the following conditions to qualify for advanced funding:
(A) The local school systems have specifically requested funding under this subsection prior to submission of the annual budget request for the state board to the General Assembly;
(B) Annual entitlements accrued under subsection (g) of this Code section have offset any advanced funding previously granted, except that no more than three years of combined entitlements of the participating local school systems shall be required to offset advance funding for consolidation projects pursuant to paragraph (5) of subsection (e) of this Code section;
(C) The projects to be funded are not in addition to projects funded for local school systems under the provisions of subsection (g) of this Code section in a given year; and
(D) The required local participation and all other procedural requirements of this Code section are met.
(i) Local school systems may receive capital outlay funds for construction projects to consolidate or reorganize schools under an advance funding category; provided, however, that each local school system is limited to one project per fiscal year except when a second project is required to effectuate consolidation or reorganization of the schools simultane ously and that each construction project meets the following conditions:
(1) A school size and organizational study has been completed by the Department of Education;
(2) The local school system has adopted a comprehensive plan to reorganize to a K-5, 68, 9-12 organizational pattern, or an organizational pattern congruous with this pattern, and each school within the system funded under this subsection shall meet or exceed the base sizes specified in subsection (b) of Code Section 20-2-291 or the membership represented in these grade organizations is 100 percent of the local school system's student population in the affected grades;
(3) The local facilities plan to implement this reorganization or consolidation of schools has been approved by a comprehensive survey team and the State Board of Education;
(4) The project proposed for advance funding must be accomplished in order for the reorganization or consolidation to be implemented; provided, however, that the proposed project may include renovation and modification of existing facilities, as well as additions to existing facilities and construction of new facilities if the reorganization or consolidation cannot be implemented until these activities have been completed;
(5) The combined project total would otherwise require more than three years of the combined annual entitlement and required local participation, with said combined annual entitlement and required local participation amount estimated in accordance with the total entitlement intended for authorization by the state board;
(6) A schedule for funding the activities required to effect the reorganization or consoli dation has been developed as a part of the organizational study, incorporated into the local

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facilities plan, and approved by the local board of education and the state board, and the funding for those activities required to effect the reorganization or consolidation will be scheduled over a one to five-year period;
(7) The project to be funded is not in addition to projects funded for a given local school system under the provisions of subsection (g) of this Code section for the fiscal year in which it is to be funded; and
(8) The required local participation and all other procedural requirements of this Code section are met.
(j) The State Board of Education is authorized to request funds for planning studies one or two years prior to the request for the funding of specific facility projects or to include the costs of such studies within the total cost of facility projects; provided, however, that all such project design studies are for projects included in the local school systems' facility construction plans specified in paragraph (3) of subsection (c) of this Code section.
(k) The State Board of Education shall request separate appropriations for each of the following categories:
(1) Regular entitlements pursuant to subsection (g) of this Code section;
(2) Regular advance funding projects pursuant to paragraphs (1) through (4) of subsec tion (h) of this Code section;
(3) Construction projects resulting from the consolidation of schools across local school system lines pursuant to paragraph (5) of subsection (h) of this Code section;
(4) Construction projects resulting from merger of local school systems pursuant to sub section (a) of Code Section 20-2-291;
(5) Advance funding projects for consolidation or reorganization of schools pursuant to subsection (i) of this Code section; and
(6) Planning studies pursuant to subsection (i) of this Code section.
(1) In the event the General Assembly is unable to appropriate the funds needed for a fiscal year to finance the total request of the State Board of Education under this Code section, the following priorities shall apply to the funds appropriated:
(1) Facility projects requested pursuant to subsection (g) of this Code section;
(2) Planning studies;
(3) Facility projects requested pursuant to paragraphs (1) through (4) of subsection (h) of this Code section, subject to the following subpriorities:
(A) Facility projects needed to address extraordinary growth;
(B) Facility projects resulting from destruction or damage caused by fire or natural disaster;
(C) Facility projects needed to address hazards to health or safety; and
(D) Facility projects needed for unhoused students;
(4) Facility projects needed to effectuate local school mergers pursuant to subsection (a) of Code Section 20-2-291;
(5) Facility projects requested pursuant to paragraph (4) of subsection (h) of this Code section, subject to the following subpriorities:
(A) Students housed in substandard or obsolete facilities;
(B) Facility projects designed to consolidate schools smaller than the respective base sizes; and
(C) Facility projects designed to meet state board requirements or for modernization;

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(6) Facility projects needed to develop schools which will serve students across local school system lines pursuant to subsection (b) of Code Section 20-2-291; and
(7) Facility projects requested pursuant to subsection (i) of this Code section, subject to the same order of subpriorities specified in paragraphs (3) and (5) of this subsection.
(m) The State Board of Education shall implement a computerized student projection program for each school system in Georgia as a component of the state-wide comprehensive educational information network. The program shall be used in this subsection to forecast facility needs in each system by projecting FTE student counts for each grade level and shall be written in the educational facilities survey. The projection program methodology at least must correlate live-birth data to FTE student counts and project FTE student counts for each of the grades, including kindergarten, for each of the next five years using cohort survival.
(n) The State Board of Education shall request funds for capital outlay purposes as defined in subsections (a) through (i) of this Code section for each school system and proj ect. For each project, the state board shall present to the Education and Appropriations committees of the House of Representatives and the Senate of the General Assembly by object of expenditure all costs contributing to the construction project. This itemization shall include, but not be limited to, architectural fees, new construction, modification, and renovation costs for the project. Itemization for additions, modifications, and renovations shall include type of classrooms by purpose, estimated square footages, and costs for hall ways, restrooms, administrative offices, lunchrooms, and media centers. Costs for new facili ties shall be budgeted by the current construction cost times the total square footage required.
20-2-261. (a) The State Board of Education shall establish common minimum facility requirements which each public school facility must meet in order to be certified for use in any component of the educational or recreational program of that school. Such minimum requirements shall include those provisions of law or state board policy on matters that relate to fire and physical safety; sanitation and health, including temperature and ventila tion; minimum space, size, and configuration for the various components of the instructional program; and construction stability, quality, and suitability for intended uses.
(b) The State Board of Education shall adopt policies and procedures to ensure that each school facility meets minimum standards as determined by state board policy.
(c) A proposed plan of action which includes a list and description of each deficiency and time limits within which such deficiencies are to be corrected must be submitted to the State Board of Education for review and approval. Further, the state board shall have the authority, in accordance with Code Section 20-2-243, to withhold all or part of the state funds in support of this part from any local unit of administration refusing or failing to implement the plan of action for deficiency remediation approved by the state board.
Part 11
20-2-270. (a) The State Board of Education shall establish a state-wide network of re gional educational service agencies for the purposes of providing shared services designed to improve the effectiveness of educational programs and services of local school systems and of providing instructional programs directly to selected public school students in the state. The regional educational service agencies established by the state board may legally be re ferred to as 'RESA' or 'RESA's.' The shared services to member local school systems shall include the following assistance:
(1) Identifying or conducting research related to educational improvements and in plan ning for the implementation of such improvements;
(2) Developing and implementing staff development programs;
(3) Developing and implementing curricula and instruction of the highest quality possi ble, including implementing the uniformly sequenced core curriculum adopted by the state board;

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(4) Developing and implementing assessment and evaluation programs; and
(5) Identifying and utilizing electronic technology, including computers, in an effort to improve the quality of classroom instruction as well as classroom, school, and school system management.
The shared services may also include assistance designed to address documented local needs pursuant to subsection (d) of Code Section 20-2-272.
(b) The service areas for the Georgia Learning Resources System and the Psychoeducational Network for severely emotionally disturbed students in place June 30, 1987, shall be continued for fiscal year 1988. If effective July 1, 1988, or any July 1 thereafter, the State Board of Education reorganizes the service areas of regional educational service agencies from the 16 service area arrangement in place June 30, 1987, the state board shall also review effective the same date the service areas for the Georgia Learning Resources System and the Psychoeducational Network to be compatible with the reorganized service areas for the regional educational service agencies. Upon the request of a majority of the local school superintendents of the local school systems within the service area of a unit of the Georgia Learning Resources System or of the Psychoeducational Network, representatives of each of the local school systems in the respective service area shall vote in the manner and at the time prescribed by the state board to determine if one of the local school systems or the regional educational service agency serving the respective service area shall serve as the fis cal agent for the respective unit of the Georgia Learning Resources System or the Psychoeducational Network for the ensuing fiscal year. In the event this vote results in a change in the fiscal agent for the respective unit, the new fiscal agent shall continue in this capacity for a minimum of three fiscal years. In the event a regional educational service agency is designated as the fiscal agent for the service area of a unit of the Georgia Learning Resources System of of the Psychoeducational Network, all member and nonmember local school systems shall be provided the services of the Georgia Learning Resources System or the Psychoeducational Network, respectively. The state board is authorized to contract with regional educational service areas to provide educational services to students with handicap ping conditions which are either of such low incidence or of such severity that it is unfeasi ble or impractical to provide needed educational and training services through local school systems pursuant to Code Section 20-2-152.
20-2-271. (a) The State Board of Education shall establish the service area of each re gional educational service agency as a single geographical area that contains the entire area of several local school systems. To the extent feasible and practical, all such service areas shall be homogeneous in terms of the number of local school systems, the number of public schools, the number of students, the number of square miles within the service area, and any other factors specified by the state board; provided, however, that the service area for metropolitan Atlanta may be an exception due to the high density of students per square mile. The total number of such service areas shall be as small as possible to ensure cost effectiveness of its operation; however, the number shall be large enough to minimize exces sive travel time when providing shared services within any such service area. Each local school system in this state shall be assigned to one of these service areas.
(b) Each local board of education of a local school system which elects not to be a member of the regional educational service agency in its designated service area during the ensuing fiscal year shall approve a resolution to that effect and forward a copy of said reso lution to the State Board of Education and the board of control of the regional agency by January 15. Such action shall be required annually.
20-2-272. (a) Each regional educational service agency shall be governed by a board of control. The number of members and terms of office shall be prescribed by the State Board of Education; provided, however, that at least one-third of the membership of each board of control shall be individuals who hold no other public office, who are not employees of any local unit of administration, and who are not employees of the Department of Education. The members of the board of control shall be elected by an annual caucus of an equal number of members of local boards of education from the respective member local school

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systems. The state board shall also prescribe an equal number of local board members from each member local school system to participate in said caucus.
(b) All laws and the policies and regulations of the State Board of Education applicable to local school systems and local boards of education shall be applicable, when appropriate, to the regional educational service agencies and their boards of control unless explicitly stated otherwise in this part. No board of control shall hold title to real property or levy or collect any taxes. No board of control shall expend or contract to expend any funds beyond the amount of funds that the board of control is legally authorized to receive and will, in fact, receive. Each board of control shall submit an annual report and an annual budget to the state board, in the manner prescribed by the state board, for review and approval.
(c) The State Board of Education shall be responsible for assuring that the activities of each regional educational service agency and its board of control established under this part conform to both the Constitution and laws of Georgia, as well as the policies and regulations of the state board. The State School Superintendent shall report to the General Assembly, pursuant to subsection (d) of Code Section 20-2-282, the results of any comprehensive eval uations of regional educational service agencies, the status of each such agency, and the progress each nonstandard agency has made toward addressing identified deficiencies.
(d) Boards of control shall determine the assistance needed by local school systems in the area served by each regional educational service agency, establish priorities from those needs, and allocate resources accordingly. Boards of control shall annually review the pro gress and cost effectiveness of such agencies by relating outputs to dollar inputs. Boards of control shall determine the procedures and activities by which each regional educational service agency achieves locally established objectives and shall establish job descriptions, personnel qualifications, and work schedules consistent with locally established priorities and objectives.
(e) In the event the State Board of Education adopts a policy to reorganize the service areas of regional educational service agencies pursuant to subsection (a) of Code Section 202-271 effective July 1 of a fiscal year, members of boards of control during the preceding fiscal year shall constitute planning boards for the respective service areas to be established the ensuing July 1. Each planning board shall have the authority to establish the location or locations of the office or offices of its regional educational service agency effective the ensu ing July 1, to issue contracts with a director and other agency staff to be employed effective the ensuing fiscal year, to assess the needs of all potential member local school systems, to prepare operational plans and budgets for the ensuing fiscal year, to establish the manner by which the local share of the budget will be assessed to potential member local school systems, and to make any other such decisions that the state board deems necessary for an orderly transition of service areas for regional educational service agencies. Such decisions shall be adopted by these planning boards prior to December 15 of the fiscal year preceding the effective date for reorganization of the service areas, in order that each local school system will have the information needed to make an informed decision relative to member ship in its respective regional educational service area pursuant to subsection (b) of Code Section 20-2-271 on or before January 15 of that fiscal year. Any such planning board shall be authorized to amend, prior to April 15 of that fiscal year, any such decisions which are necessary as the result of the actions of the General Assembly during its regular session during that fiscal year. In the event a planning board has amended one or more decisions pursuant to this provision, each local school system within the service area of such planning board shall be authorized to reverse its decision relative to membership for the ensuring fiscal year prior to May 15 of that fiscal year, pursuant to procedures specified in subsection (b) of Code Section 20-2-271.
20-2-273. (a) Each board of control shall appoint and contract with a director who shall be the executive officer of the regional educational service agency. The director shall be responsible for the administration of programs and services approved by the board of control.
(b) The regional educational service agency staff shall consist of those individuals au-

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thorized by the board of control to provide the instructional and support services prescribed in Code Section 20-2-270.
20-2-274. (a) For fiscal year 1988, the State Board of Education shall grant, subject to appropriation by the General Assembly, the funds to continue the operations of regional educational service agencies in a manner similar to the preceding fiscal year, adjusted only to reflect changes in the salaries and operational costs similar to those made for local school systems under this article; further, in those instances that regional educational service agen cies are designated as fiscal agents, the state board shall grant additional funds needed to provide instructional and support services to students eligible for the Psychoeducational Network and to provide services under the Georgia Learning Resources System to all local school systems contained in the respective service areas. Beginning fiscal year 1989 and thereafter, the state board shall be authorized to provide each regional educational service agency with a uniform state-wide needs program grant and a documented local needs pro gram grant, subject to appropriation by the General Assembly. The uniform state-wide needs program grant shall consist of two components: the same fixed amount for each re gional educational service agency; and an amount which reflects the number of local school systems, the number of schools, the number of students and the number of square miles contained collectively within its member local school systems. Each regional educational ser vice agency shall be required to match the uniform state-wide needs program grant with an amount of funds equal to one-fourth of this grant. The uniform state-wide needs grant and its matching local funds shall be used to finance the basic administrative overhead of the regional educational service agencies and to provide the areas of assistance specified in sub section (a) of Code Section 20-2-270. The amount of funds granted to each regional educa tional service agency for the documented local needs program grant shall depend upon the proportion that the number of local school systems, number of schools, number of students, and number of square miles contained collectively within its member local school systems area of these respective factors state wide, as well as the adopted operational plan and the budget designed to address documented needs for assistance to member local school sys tems. Each regional educational service agency shall be required to match the documented local needs program grant with an amount of funds equal to two-thirds of that grant. Each board of control shall be authorized to adopt the manner by which each member local school system shall be assessed its share of the uniform state-wide needs program and the docu mented local needs program; provided, however, that member local school systems shall not be allowed to use funds received under the provisions of this article for this purpose. In the event a regional educational service agency is designated as the fiscal agent for the Georgia Learning Resources System or for the Psychoeducational Network for severely emotionally disturbed students, the state board shall grant the regional educational service agency the funds needed to provide services to all local school systems in the service area of the Georgia Learning Resources System or Psychoeducational Network as respectively designated as the fiscal agent as well as the grants authorized previously by this subsection. All other financ ing will be based on contracts to supply service programs to member local school systems. The funds for these programs, upon a contract approval basis, may be derived from local, state, federal, or private sources.
(b) A regional educational service agency may not receive directly from the State Board of Education any state funds originally intended for or directed to a local school system by this article; provided, however, that, upon the official request of a local school system, the state board may send directly to a regional educational service agency any funds allocated to a local school system. All grants from the state along with the contributions from member local school systems an funds from other sources shall be budgeted by the board of control.
Part 12
20-2-280. The State Board of Education shall adopt a state-wide long-term strategic plan which is reflective of the educational programs and services and other public educa tional functions which need improvement state wide or in selected areas of the state and which contains the priorities and planned actions designed to address such needs. Each local school system shall develop and adopt a system-wide long-term strategic plan which is re-

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flective of the priorities contained in the state-wide long-term strategic plan adopted by the state board and such needs for improving educational programs and services system wide or in specific schools as were identified through an in-depth self-study or an evaluation by the Department of Education pursuant to Code Section 20-2-282. Each long-term state and lo cal strategic plan shall contain a description of assessed needs, a list of planned improve ments of educational programs or services designed to address the assessed needs, a list of the goals for the programs or services to be improved, a list of objectives determined from these goals, a course of action for achieving the planned improvements including an imple mentation timetable, an evaluation system to determine if the objectives in the plan are being attained, and such other items as the state board may deem necessary. The state board shall prescribe the method by which such strategic plans shall be submitted and re viewed for approval. To the extent deemed reasonable and appropriate by the state board, this Code section shall apply to regional educational service agencies.
20-2-281. (a) The State Board of Education shall adopt norm-referenced and criterionreferenced instruments, procedures, and policies necessary to assess the effectiveness of the educational programs of the state and shall fund all costs of providing and scoring such instruments, subject to appropriation by the General Assembly. Nationally norm-referenced instruments shall be administered to students in grades two, four, seven, and nine. Criter ion-referenced instruments, or other instruments that the state board may develop which measure student performance relative to the uniformly sequenced core curriculum approved by the state board pursuant to Code Section 20-2-140, shall be administered to students in grades one, three, six, eight, and ten. All such assessments shall place emphasis upon read ing, writing, and mathematics but shall include science and social studies. The nationally normed assessments shall provide students and their parents with grade equivalencies and percentile ranks which result from the administration of such tests. The State Board of Education shall participate in the National Assessment of Educational Progress (NAEP). The results of such testing shall be provided to the Governor, the General Assembly, and the State Board of Education and shall be reported to the citizens of Georgia. Further, the state board shall adopt a school readiness assessment for students entering first grade and shall administer such assessment pursuant to paragraph (2) of subsection (b) of Code Sec tion 20-2-151. The state board shall develop, subject to appropriation by the General As sembly, a comprehensive item bank which shall be representative of all grade levels and content areas contained within the uniformly sequenced core curriculum approved by the state board pursuant to Code Section 20-2-140; provided, however, that the items reflecting each subject area at each grade level shall range proportionally from minimal competency to higher level achievement competencies. This item bank shall be used to develop assessments which reflect student achievement at the classroom, school, and system levels relative to said curriculum. These assessments of student achievement shall be used as one of the crite ria for awarding salary supplements on a career ladder program pursuant to Code Section 20-2-213.
(b) The State Board of Education shall have the authority to condition the promotion of a student from one grade to the next or condition the awarding of a high school diploma to a student upon achievement of satisfactory scores on instruments or tests adopted and administered by the state board pursuant to subsection (a) of this Code section. The state board is authorized and directed to adopt regulations providing that any handicapped child, as defined by the provisions of this article, shall be afforded opportunities to take any test adopted by the state board as a condition for the awarding of a high school diploma. Said regulations shall further provide for appropriate accommodations in the administration of such test. Said regulations shall further provide for the awarding of a special education diploma to any handicapped student who is lawfully assigned to a special education pro gram and who does not achieve a passing score on said test or who has not completed all of the requirements for a high school diploma but who has nevertheless completed his or her Individualized Education Program.
20-2-282. (a) (1) The State Board of Education shall supervise a comprehensive evalua tion of each public school, local school system, and regional educational service agency at

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least once every five years concerning the following functions to the extent they are deemed by the state board to be appropriate and applicable to such units:
(A) The extent to which the strategic plan has been effectively implemented;
(B) The extent to which the uniformly sequenced core curriculum adopted by the state board has been effectively implemented;
(C) The extent of compliance with state laws and state board prescribed policies, rules, regulations, standards, and criteria;
(D) The effectiveness of educational programs and services, including comparisons to student bodies which are comparable in terms of demographic characteristics;
(E) The effectiveness of annual personnel evaluation procedures and annual profes sional development plan procedures and the extent to which staff development programs effectively address deficiencies and other needs identified through these processes;
(F) The accuracy of student count procedures;
(G) The accuracy of fiscal procedures, particularly as they apply to implementing the state board prescribed accounting system and ensuring funds are expended for purposes authorized by state laws and state board policy and regulations;
(H) The extent to which public awareness and information processes comply with state law and state board adopted policies and regulations; and
(1) Such other information deemed necessary by the state board for a full and compre hensive evaluation of such units.
(2) Such comprehensive evaluations shall be conducted by certificated professional em ployees from other local units of administration, faculty members of colleges and universi ties, and citizens residing within the respective local units. The number and role of such individuals shall be prescribed by the state board; provided, however, that such individuals shall be coordinated by professional evaluators. The state board shall be authorized to re quire additional evaluations by the Department of Education.
(b) The State Board of Education is authorized to establish regional offices of the De partment of Education, subject to appropriation by the General Assembly. Should the state board establish such regional offices of the Department of Education, their service areas shall be congruous with the service areas of regional educational service agencies as provided for in subsection (a) of Code Section 20-2-271 and all employees of such regional offices shall be employees of the Department of Education.
(c) The State Board of Education shall designate public schools, local school systems, and regional educational service agencies which receive satisfactory comprehensive evalua tions pursuant to subsection (a) of this Code section as 'standard.' The state board shall award certificates of acknowledgement for superior performance to all such units which re ceive superior comprehensive evaluations relative to units having comparable student bod ies, shall provide such units, excluding the regional educational service agencies, with grants appropriated by the General Assembly for this purpose pursuant to the provisions for incen tive awards in Code Section 20-2-253, and shall designate such units as 'exemplary.' The state board shall designate all such units which receive unsatisfactory comprehensive evalu ations relative to comparable units as 'nonstandard.' The state board shall adopt such crite ria as necessary to determine the status of each unit under the comprehensive evaluation process.
(d) Each local school system shall annually inform the citizens residing within its area concerning the collective achievement of enrolled students by school and system, costs of providing educational programs and services by system, and such other items as deemed necessary by the State Board of Education in the manner prescribed by the state board. The state board shall publish in the legal organ of the county where the local school system is located the result of the comprehensive evaluations, including a summary of any deficien cies and recommendations for addressing said deficiencies. The State School Superintendent

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shall annually report to the Governor and the General Assembly concerning the results of all state-wide assessments of student achievement; the status of each public school, local school system, and regional educational service agency; and the progress each nonstandard unit has made toward addressing identified deficiencies. Copies of such reports shall be made available upon request. The State School Superintendent shall be authorized to re quire local school superintendents and directors of regional educational service agencies to provide such reports as deemed necessary for the effective operation of public education in this state. The State School Superintendent shall compile an annual report in which shall be presented a statement of the condition and amount of all funds and property appropriated for the purpose of public education, a statement of the average cost per student of instruc tion in the state's public schools, and a statement of the number of children of school age in the state, with as much accuracy as possible. Such report shall be kept in the State School Superintendent's office and shall be available for public inspection during regular business hours. Copies of the report or portions of the report shall be made available on request.
(e) The State Board of Education shall report to the education committees of the House of Representatives and the Senate on a semiannual basis as to the progress made on the implementation of this article. The reports by the state board shall include any justifica tion for problems with implementation of the Quality Basic Education Program, evaluation results, and any projected needs beyond base allocations which it anticipates will be re quested through the appropriations process for local school systems to meet the intent of the General Assembly. The state board shall not include in any plan submitted to a federal agency any provision which commits future state funds beyond that which it normally re ceives annually through the Appropriations Act unless such plan also contains a provision which states that such initial and continuing commitment is contingent upon such funds being appropriated by the General Assembly.
(f) The State Board of Education shall prescribe such policies, procedures, and instru ments as are deemed necessary for the effective implementation of this Code section. Fur ther, the state board shall revise state standards to the extent necessary to be consistent with this article. State standards shall be evaluated in terms of level of compliance or quality.
20-2-283. (a) Each local unit of administration which is designated to be nonstandard or which operates one or more public schools so designated shall be required to submit to the State Board of Education for its approval a corrective plan designed to address all deficien cies identified pursuant to Code Section 20-2-282. Such a corrective plan shall include a description of the actions to be taken to correct each deficiency, a designation of the re sources which will be applied to these actions, the date on which each action shall be initi ated and completed, the evaluation procedures to be used to assess progress, the technical assistance needed to execute the corrective plan and anticipated sources of such assistance, and such other items deemed necessary by the state board for an effective corrective plan. It shall be the duty of regional educational service agencies to supply member local school systems and the Department .of Education to supply to all local units of administration such technical assistance that they may need and request concerning the development and imple mentation of these corrective plans.
(b) The State Board of Education shall review at least once every six months the pro gress of each nonstandard local unit of administration in implementing its state board ap proved corrective plan. Such a review shall continue until the corrective plan has been fully implemented or the local unit has been redesignated by the state board as a standard or exemplary unit.
(c) The State Board of Education shall conduct a comprehensive evaluation pursuant to Code Section 20-2-282 of each local unit of administration which is designated by the state board as nonstandard. This evaluation shall be conducted within two years after the state board has approved its corrective plan.
(d) In the event the State Board of Education finds that any local unit of administra tion is making unsatisfactory progress relative to development or implementation of a cor-

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rective plan pursuant to this Code section, the state board shall be authorized to take one or a combination of the following actions:
(1) Increase the local fair share of a local school system pursuant to Code Section 20-2164 or the local share of a RESA pursuant to Code Section 20-2-274 by an amount deemed necessary by the state board to finance all resources and actions needed to correct identified deficiencies. Such an amount of increased local funds shall be offset by a decrease in state funds in the same amount; or
(2) Require that a local unit of administration raise from local revenue sources an amount deemed necessary by the state board to finance all resources and actions needed to correct identified deficiencies. Such an amount of local revenue shall be in excess of any local funds required to be raised by the local unit of administration under other provisions of this article. If such additional local revenue is not raised by the local unit of administra tion by a state board specified date, the state board shall have the authority to withhold state funds in accordance with Code Section 20-2-243; or
(3) File a civil action in the superior court of the county wherein a local school system or RESA office is located, requesting a determination of whether any member of the local board of education or the local school superintendent or any member of the RESA board of control or RESA director has by action or inaction prevented or delayed implementation of the corrective plan. If the court finds that any such official has prevented or delayed imple mentation intentionally, the court may issue an order requiring the official or officials to implement the corrective plan. The court shall have the power to appoint a trustee to en sure the order of the court is carried out. Any expenses or costs incurred by the trustee in carrying out duties assigned by the court, shall be paid from funds otherwise used to pay for expenses incurred by board members. If the court finds that any such official is violating the order of the court, the court may remove the official and appoint a replacement until the vacancy can be filled as provided by law. The court shall have such powers as are necessary to carry out the provisions of this subsection.
Part 13
20-2-290. The board of education of any local school system is authorized to organize or reorganize the schools and fix the grade levels to be taught at each school in its jurisdiction. However, the State Board of Education shall provide grants to local school systems that operate middle school programs in middle schools which meet the criteria and standards prescribed by the state board, subject to appropriation by the General Assembly. The amount of such grants shall be an additional 13 percent of all funds calculated for the Qual ity Basic Education formula provided in Code Section 20-2-161 for students in grade levels six, seven, and eight who are counted in the FTE count for the middle grades program in state board approved middle school programs. Local school systems which have organized their schools in such a manner that facilities house grades six, seven, and eight or grades seven and eight shall qualify for middle school grants for students in grade levels so housed; provided, however, that each qualified middle school must provide each interdisciplinary team of academic teachers with common planning time of at least 85 minutes during the student instructional day and provided, further, that they meet all other criteria and stan dards prescribed by the state board. A school which houses grades other than six, seven, or eight shall only be eligible if it has a full-time principal for grades seven and eight or six, seven, and eight and another full-time principal for grades above or below the middle school grades; provided, however, that such schools also meet all other provisions of this Code section. Schools with students in the sixth grade shall not be eligible for the middle school grants if the sixth grades are not housed in middle schools which also contain both grades seven and eight. Further, two or more adjacent local school systems shall qualify for middle school grants if through their contractual arrangement they jointly meet the requirements of this Code section and the criteria and standards prescribed by the state board. If a local school system has a combination of qualified and nonqualified schools, it shall receive the middle school grant only for those students counted in the FTE count for the middle grades program in qualified middle schools.

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20-2-291. (a) In the event a local school system is voluntarily merged with one or more adjoining local school systems under the provisions of Code Section 20-2-60 or Code Sec tions 20-2-370 through 20-2-372, all local school systems which are a party to such voluntary merger shall not be required to finance any portion of the costs for new construction or renovation of existing facilities qualified under Code Section 20-2-260 that are needed to effectuate the merger of the school systems, subject to appropriation by the General Assembly.
(b) In the event two or more local school systems voluntarily consolidate two or more elementary, middle, or high schools into a single school which meets or exceeds the base sizes specified in subsection (c) of this Code section or 100 percent of the student population for the respective school level from all local school systems which are party to the consolida tion will attend such school, all local school systems involved in such consolidation shall not be required to finance any portion of the costs of new construction or renovation of existing facilities qualified under Code Section 20-2-260 that are needed to effectuate such school consolidation.
(c) As used in this subsection, the term:
(1) 'Base size for a middle school' is defined as the base size specified in Code Section 20-2-181 for the middle grades program.
(2) 'Base size for a high school' is defined as the base size specified in Code Section 202-181 for the high school general education program.
(3) 'Base size for an elementary school' is defined as the base size specified in Code Section 20-2-181 for the primary grades program.
(4) 'Elementary school' is defined as a school which contains any grade below grade four and does not contain any grade above grade eight.
(5) 'High school' is defined as a school which contains any grade above grade eight.
(6) 'Middle school' is defined as a school which contains no grade below grade four and no grade above grade eight.
(7) 'Quality Basic Education organizational pattern' is defined as a K-5, 6-8, 9-12 organ izational pattern of school levels or any other pattern which is congruous with this pattern.
(8) 'School level' is defined as a grade range which is consistent with paragraph (4), (5), or (6) of this subsection.
In the event a local school system consolidates an elementary, a middle, or a high school which is smaller than the specified base size for that respective school with one or more other schools of the same school level within the same local school system, resulting in the consolidated school or schools being at least as large as the respective base size and organi zational pattern consistent with the Quality Basic Education organizational pattern or con taining all the students within the local school system for the respective school level: the local school system shall be required to finance one-half the costs that the local school sys tem would otherwise be required to finance under the provisions of Code Section 20-2-260 for any new construction or any renovation of existing facilities needed to effectuate such consolidation of schools.
(d) All benefits to local school systems as provided under this Code section shall be conditioned upon the following:
(1) No student shall be expected or required to travel a greater time than the maximum travel time prescribed by the State Board of Education to attend a school unless the state board explicitly authorizes an exemption based upon the greater good for all students which will result from such local school system merger or school consolidation; and
(2) In the event of such local school system merger or school consolidation, all instruc tional facilities will be utilized for public educational purposes to the extent feasible and practical.

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(e) All benefits to local school systems as provided under subsections (a) and (b) of this Code section shall be conditioned upon the following:
(1) The local boards of education which are potential parties to a merger of local school systems or a consolidation of schools have approved resolutions requesting the State Board of Education to conduct a feasibility study;
(2) The state board has conducted a feasibility study;
(3) The local boards of education which are to be parties to a merger of local school systems or a consolidation of a school or schools have approved the recommendations of the feasibility study;
(4) The voters of the affected local school systems, if appropriate, have approved the merger of the local school systems; and
(5) The state board has approved the recommendations of the feasibility study.
20-2-292. (a) The State Board of Education shall provide sparsity grants to qualified local school systems beyond those funds to which they otherwise are entitled by the provi sions of this article and other statutes, subject to appropriation by the General Assembly. To qualify for a sparsity grant, a local school system shall meet the following conditions:
(1) The local school system is unable to offer its students or a portion of its students educational programs and services comparable to those which are typically being offered to students in this state under provisions of this article with the funds provided for this pur pose; and
(2) The inability to offer students comparable programs and services is attributable, at least in part, to the fact that the local school system has FTE counts less than base sizes specified pursuant to Code Section 20-2-181 or the affected school or schools have FTE counts less than the base sizes referenced pursuant to subsection (c) of Code Section 20-2291; and
(3) The state board has found, based upon a study it has completed within the past five years, that merger of local school systems or the consolidation of schools pursuant to Code Section 20-2-291, whichever applies to the specific situation, is unfeasible because consolida tion of schools would result in a proportion of students whose travel time to such schools would be in excess of the state board prescribed criteria concerning travel time to and from assigned schools; or
(4) The state board has concluded based upon a study pursuant to subsection (e) of Code Section 20-2-291, that merger of local school systems and the resulting consolidation of schools is feasible and the local school system has met the state board prescribed criteria concerning efforts to effectuate such a merger of the local school systems, but officials or voters of the other local school system or systems party to such merger efforts have rejected the proposed merger; or
(5) The adjoining local school system or systems have refused to participate in a study pursuant to subsection (e) of Code Section 20-2-291 to determine the feasibility of a merger; or
(6) The state board has concluded that the local school system would still be unable to offer comparable educational programs and services to its students or a portion of its stu dents even if the local school systems were merged or if schools were consolidated, since the resulting schools would still be smaller than the sizes specified pursuant to subsection (c) of Code Section 20-2-291.
(b) The State Board of Education shall conduct a sparsity grant needs study for each local school system meeting the conditions set forth in subsection (a) of this Code section. The needs study shall include at least the following:
(1) The identification of all instructional, administrative, and support service resources essential to the provision of educational programs and services to all students in a manner

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comparable to those educational programs and services which are typically offered to stu dents in this state under the provisions of this article with the funds provided for this purpose;
(2) The identification of resources which will actually be provided under the provisions of this article; and
(3) The assignment of cost to all such resources which are identified as needed under paragraph (1) of this subsection but not identified as being provided under paragraph (2) of this subsection.
The sparsity grant to an eligible local school system shall be equal to the total cost assigned to resources needed but not being provided pursuant to paragraph (3) of this subsection, adjusted annually to reflect changes in the salaries and operational costs similar to those changes made under the provisions of this article.
(c) Once a local school system receives a sparsity grant under the provisions of this Code section, it shall continue to be eligible for such grant; provided, however, that it meets the following conditions:
(1) It continues to meet the conditions of subsection (a) of this Code section;
(2) A feasibility study pursuant to subsection (e) of Code Section 20-2-291 concerning the merger of school systems has been done within the past five years by the State Board of Education if the local school system has a FTE count less than the base size specified pursu ant to Code Section 20-2-181 or the potential party local school system or systems have refused to participate in such a feasibility study or have refused to adopt its recommenda tions; and
(3) A sparsity grant needs study pursuant to subsection (b) of this Code section has been done within the past five years.
(d) All local school systems which received funds during fiscal year 1986 under a grant titled 'isolated schools' shall continue to receive such grants, adjusted annually to reflect changes in the salaries and operational costs similar to those changes made under other provisions of this article, until the State Board of Education has completed the studies pre scribed in this Code section or until July 1, 1989, whichever occurs first, subject to appropri ation by the General Assembly.
20-2-293. The provisions of this article and other statutes to the contrary notwithstand ing, the State Board of Education is authorized to provide a procedure whereby a student shall, for such compelling reasons and circumstances as may be specified by the state board, be permitted to attend and to be included as an enrolled student in the public schools of a local unit of administration other than the local unit of administration wherein the student resides for the purpose of allotting state funds under this article, notwithstanding absence of an agreement between the two local units and a refusal by the board of education of the local unit wherein the student resides to approve voluntarily such transfer of the student to the public schools of the other local unit; provided, however, that the board of education of the local unit is willing to receive and to permit such student to enroll in and to attend the public schools of such local unit. The state board shall adopt such rules, regulations, and policies as may be necessary for implementation of this Code section. Grant or refusal of permission for students to attend such schools, for the purpose of permitting state funds to follow such students, shall be entirely discretionary with the state board and shall, in the absence of a clear abuse of discretion by the state board, be final and conclusive. Local units of administration may contract with each other for the care, education, and transportation of students and for such other activities as they may be authorized by law to perform.
Part 14
20-2-300. The State Board of Education shall have authority to provide for implemen tation of other educational programs not ordinarily coming within the prescribed curricula of the public schools which may or may not require use by local units of administration of additional specially qualified personnel and special equipment necessitating allotment of ad-

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ditional funds. The state board is authorized to establish priorities, standards, and criteria for implementation and operation of such programs as it may find necessary or desirable to implement on a state-wide basis. Local units of administration may, prior to implementa tion of such programs by the state board, implement such programs locally in accordance with criteria and standards prescribed by the state board. The state board shall, prior to implementation of such programs, establish a uniform basis for allotment of additional funds necessary for operation of such programs, provided the General Assembly has appro priated funds for this purpose.
20-2-301. The State Board of Education shall be empowered to form the Coordinating Committee for Exceptional Individuals which shall consist of a representative of the Gover nor's office, no fewer than three representatives of the Department of Education, no fewer than three representatives of the Department of Human Resources, and no fewer than three representatives of the Department of Corrections. At least one of each department's repre sentatives shall be from the upper levels of management, and all representatives shall be designated by their respective department heads. The committee shall be provided a fulltime staff of one professional staff member from the Department of Education and one professional staff member from the Department of Human Resources. The committee shall report annually to the Governor and the General Assembly concerning issues addressed and the progress which results. The issues which shall be addressed by the committee shall in clude, but shall not be limited to, clear delineation of responsibility regarding services to handicapped individuals, clear delineation of referral and coordination processes, and reso lution of how such understandings shall apply in specific instances, particularly when such resolution involves a conflict at the institutional and local unit of administration level.
20-2-302. The State Board of Education shall annually determine the amount of funds needed for operation of the state schools for the deaf and blind. Such funds appropriated by the General Assembly shall be made available for the operation of these schools under rules and regulations prescribed by the state board.
20-2-303. (a) The State Board of Education shall annually determine the cost of public school educational television programming, including the state-wide cost of production and purchase of videotapes and other materials. Such costs shall be paid entirely from state funds, subject to appropriation by the General Assembly.
(b) The state board shall develop a comprehensive plan for carrying out the public school educational purposes of this Code section. Such plan shall include, but not be limited to, reviewing the utilization of educational television for instructional purposes, the purchase and construction of facilities or equipment, and improvements in the effectiveness of instruction through telecommunications.
(c) Notwithstanding any other Code section to the contrary, the State Board of Educa tion may delegate the authority and duties found in subsections (a) and (b) of this Code section and any other authority and duties concerning educational television to the Georgia Public Telecommunications Commission, and the commission may contract for the purposes of subsections (a) and (b) of this Code section with public telecommunications facilities owned by an independent school system prior to 1960.
20-2-304. (a) The State Board of Education shall maintain an adult general education program. This program shall provide instruction in basic skills and subjects to individuals 18 years of age and older who have left school and who have less than an eighth-grade education or its equivalent. Instruction in a variety of skills and subjects may be provided for individuals who have more than an eighth-grade education or its equivalent. Priority shall be given to elimination of illiteracy in the state and to the attainment of general edu cational development (GED) equivalency diplomas. Programs of general education for adults should serve to improve the ability of the individual to profit from occupational training and meet adult responsibilities more effectively. Individuals who are 16 or 17 years of age and who have withdrawn from school prior to graduation for a period of four or more months shall be eligible to enroll in adult education programs if they receive written ap proval from the superintendent of the local school system or the superintendent's designee.

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However, the language contained in this subsection shall in no way prohibit a student who withdrew from school prior to graduation due to marriage, pregnancy, childbirth, or compli cations thereof from reenrolling in the regular general education program pursuant to Code Section 20-2-150.
(b) Except where prohibited by federal law, rules, or regulations, local units of adminis tration shall be authorized to utilize personnel funded under this Code section to administer and coordinate community education programs and activities as well as to execute their assigned duties and responsibilities related to adult education.
(c) The State Board of Education is authorized to receive federal funds allotted to Georgia for adult education. The state board shall establish policies, regulations, and stan dards relating to implementation and operation of general education programs for adults. To be eligible for state and federal funds, all programs shall be operated in accordance with state board policies, regulations, and standards. Any other Code section of this article to the contrary notwithstanding, the state board shall annually request to the General Assembly funds for adult general education and is authorized to utilize such state and federal funds to contract with local units of administration and other public agencies to finance adult general education for eligible individuals.
20-2-305. (a) The State Board of Education shall annually determine and request of the General Assembly the amount of funds needed for county and regional public libraries. This request shall include, but not be limited to, funds to provide library books and materials, salaries and travel for professional librarians, capital outlay for public library construction, and maintenance and operation. The amount for library books and materials shall be not less than 35$ per person. Funds for the purpose of paying the salaries of librarians allotted shall be in accordance with regulations established by the state board and the state mini mum salary schedule for certificated professional personnel. Public library funds shall be apportioned to county and regional public libraries in proportion to the area and population to be served by such libraries in accordance with regulations and minimum public library requirements prescribed by the state board. All such funds shall be distributed directly to the regional or county library boards.
(b) The State Board of Education shall make adequate provisions for staff, supplies, services, and facilities to operate and maintain special media equipment to meet the library needs of the blind and handicapped citizens of this state.
(c) The State Board of Education shall provide the staff, materials, equipment, and supplies to provide a book-lending and information service to all county and regional public libraries in the state and to coordinate interlibrary cooperation and interchange of materials and information among all types of libraries.
(d) The State Board of Education is authorized as the sole agency to receive federal funds allotted to this state for public libraries.
(e) The State Board of Education shall adopt policies and regulations to implement this Code section.
20-2-306. (a) The State Board of Education is authorized to inaugurate an honors pro gram for students in the public and private high schools of this state who have manifested exceptional abilities or unique potentials or who have made exceptional academic achieve ments. This program shall be conducted during summer months between normal schoolyear terms at institutions of higher learning or other appropriate centers within this state with facilities adequate to provide challenging opportunities for advanced study and accom plishments by such students. The student honors program shall be implemented and oper ated in accordance with criteria established by the state board, and operating costs shall be paid by the state board from funds made available for this purpose by the General Assem bly. The state board is authorized to enter into cooperative agreements with the Board of Regents of the University System of Georgia for operating and sharing the costs of such programs.
(b) The State Board of Education is authorized to inaugurate and operate a residential

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high school program for highly gifted and talented youth of this state. This residential high school program shall consist only of students in the eleventh and twelfth grades. Enrollment shall be by student application and on a voluntary basis; provided, however, that the parent or legal guardian of each student must have signed an agreement authorizing enrollment in this program. This program shall be operated during the normal school year for a minimum of 180 days, in cooperation with one or more of the state universities or colleges from funds provided by the General Assembly. The state board is authorized to enter into cooperative agreements with the Board of Regents of the University System of Georgia concerning the operation and sharing of costs of this program. The state board shall prescribe policy, regu lations, standards, and criteria as needed for the effective operation of this program.
20-2-307. The State Board of Education shall have authority to provide for the opera tion of youth camps, food-processing programs, and young farmer programs. The state board shall annually determine the amount of funds needed to provide the programs de scribed in this subsection and shall annually request from the General Assembly such ap propriations as are needed.
20-2-308. Reserved.
20-2-309. Reserved.
20-2-310. (a) Any public school at the secondary level which provides access to the cam pus or to student directory information to persons or groups which make students aware of occupational or educational options shall provide access to the campus and student direc tory information on at least the same basis to official recruiting representatives of the mili tary forces of the state and the United States for the purpose of informing students of educational and career opportunities available in the military.
(b) Each student in the public schools of this state, upon attaining the age of 18 years, shall be apprised of his or her right to register as an elector and to vote in elections and of any obligation to register with the Selective Service System. The State Board of Education shall promulgate rules and regulations to carry out this Code section. An excused absence of a student to register or vote, at the discretion of the local unit of administration, shall not exceed one school day.
(c) Each student in the public schools of this state shall be afforded the opportunity to recite the Pledge of Allegiance to the flag of the United States of America during each school day. It shall be the duty of each local board of education to establish a policy setting the time and manner for recitation of the Pledge of Allegiance. Such policy shall be estab lished in writing and shall be distributed to each teacher within the school.
20-2-311. (a) (1) There is established a State Board of Postsecondary Vocational Educa tion consisting of not less than 15 members who shall be appointed by the Governor and confirmed by the Senate for five-year terms, one from each congressional district and five at-large appointments. Members shall represent business, industry, or economic develop ment. The board shall elect from its members a chairman, vice chairman, and such other officers as are considered necessary, each to serve for two-year terms. Officers may be elected to succeed themselves. Members shall serve until their successors are appointed; however, in the event of a vacancy on the board because of death, resignation, or removal for any reason other than expiration of a member's term, the Governor shall fill such va cancy and the person so appointed shall serve for the unexpired term of office.
(2) The State Board of Postsecondary Vocational Education shall be empowered to:
(A) Approve occupational programs of two-year duration or less; provided, however, any courses to be transferable to units of the University System of Georgia shall be approved by the Board of Regents of the University System of Georgia;
(B) Receive and hold title to property, equipment, money, and materials;
(C) Solicit and receive funds from the general public, corporate underwriters, and foundations;

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(D) Contract with other state, federal, or local schools and organizations, individuals, or other legal entities;
(E) Select and employ an executive director and staff and prescribe the duties and com pensation thereof;
(F) Establish and promulgate standards, policies, and procedures for the orderly and efficient operation of postsecondary area vocational-technical schools, programs, and institu tions, to include but not be limited to, developing criteria for employment and retention of faculty and staff, student admissions, program approval, salaries, tuition, and fees; long and short-term planning to include facilities, program standards, length and outcome competen cies; establishing provisions for appropriate recognition of program achievement below the baccalaureate level; soliciting resources from the private sector, industry-education partner ships, data collection, representing postsecondary vocational-technical education in all fo rums, and such other functions necessary to assure a state-wide system of schools with cen tralized and specialized leadership at the state level; and
(G) Establish local boards of directors for postsecondary vocational-technical schools which it operates to assist the state board in carrying out its mission. The purpose of such boards shall be to facilitate the delivery of programs, services, and activities as directed by the state board. The state board shall be empowered to contract with local boards for such services as the state board deems necessary. The state board shall establish the number of members of each local board and the terms of office thereof, provided that all members of any board shall represent the geographic area which the institution serves as defined by the state board; provided, further, that all members shall represent business, industry, or eco nomic development. The state board shall be empowered to establish and approve all by laws and actions of all local boards of directors. Each local board of directors shall meet at least eight times per year. Each member of such local board of directors shall be reimbursed for expenses incurred in performing his or her duties as provided in paragraph (4) of this subsection for state board members.
(3) The State Board of Postsecondary Vocational Education shall exercise state-level leadership, management, and operational control over postsecondary area vocational-techni cal schools, programs, and services including such postsecondary vocational schools now op erated by the state and shall provide for a comprehensive program of career, occupational, and vocational-technical education for adults and out-of-school youths. The purpose of this program shall be to promote the economic well-being of Georgia citizens by providing high quality postsecondary and adult vocational-technical education programs, services, and ac tivities which are easily accessible by all segments of the adult population who need and can benefit from training, retraining, or upgrade training for employment; and to provide a sys tem of schools which is a full partner in economic development and expansion of the state's economic base and represents a significant asset in the attraction of new business and indus try to the state and the expansion of existing business and industry in the state.
(4) The members of the State Board of Postsecondary Vocational Education who are in state employment shall serve without compensation but, subject to fund availability, shall be reimbursed by the state department in which employed for all necessary expenses that may be incurred in the performance of their duties under this article in accordance with state travel regulations promulgated by the Office of Planning and Budget and the Depart ment of Audits and Accounts in the same manner that employees of the state merit system are reimbursed. For those State Board of Postsecondary Vocational Education members who are not in state employment, the expense and mileage allowance shall be the same as that authorized for the General Assembly and shall be payable, subject to fund availability, by the State Board of Postsecondary Vocational Education.
(5) The State Board of Postsecondary Vocational Education shall meet monthly. Addi tional meetings may be called by the chairperson or at the request of three or more of the members.

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(6) The State Board of Postsecondary Vocational Education shall adopt procedures for the conduct of its activities.
(7) Any other Code section of this article to the contrary notwithstanding, the State Board of Postsecondary Vocational Education shall annually determine the amount of funds needed to provide postsecondary and adult vocational-technical education programs for bus iness and industry and for adults and out-of-school youths and shall annually request the General Assembly to make such appropriations as are needed. The State Board of Educa tion is designated as the 'sole state agency' to receive federal funds allotted to Georgia under acts of Congress appropriating federal funds for career, occupational, or vocationaltechnical education; however, those funds appropriated for the operation and management of postsecondary vocational-technical, adult, and industrial programs shall be placed under the jurisdiction and control of the State Board of Postsecondary Vocational Education; fur ther, a proportionate share of those federal funds appropriated for planning, evaluation, program improvement, and other administrative and discretionary purposes shall be placed under the jurisdiction and control of such board. Those personnel positions authorized for fiscal year 1986 for the operation and management of the postsecondary area vocationaltechnical schools and adult centers, as well as a proportionate share of those positions au thorized for fiscal year 1986 for planning, evaluation, program improvement, and other ad ministrative and discretionary purposes, shall be transferred to the State Board of Postsecondary Vocational Education. Such employees shall retain all existing rights under the Employees' Retirement System of Georgia, Teachers Retirement System of Georgia, and the state merit system.
(8) Any other Code section of this article to the contrary notwithstanding, the State Board of Postsecondary Vocational Education is authorized to provide funds, appropriated by the General Assembly for this purpose, to local units of administration and to other state and local agencies to be used for career, occupational, and vocational education.
(9) Any other Code section of this article to the contrary notwithstanding, and subject to appropriation by the General Assembly, the State Board of Postsecondary Vocational Education may adopt such salary and salary supplement schedules deemed necessary to carry out paragraph (8) of this subsection and shall establish policies, regulations, and stan dards relating to and necessary for the implementation of this Code section,
(10) Any other Code section of this article to the contrary notwithstanding, all decisions regarding the delivery of postsecondary and adult vocational-technical education programs and service to business, industry, and individuals who are 16 years of age or older and who have completed or left the public schools shall be made by the State Board of Postsecon dary Vocational Education. Commensurate with this authority the board shall exercise state-level management and operational control over the postsecondary area vocationaltechnical schools and adult vocational centers.
(11) Nothing in this Code section shall abridge the authority of the Board of Regents of the University System of Georgia to establish or operate colleges or of local boards of educa tion to operate schools.
(12) The State Board of Postsecondary Vocational Education shall establish those poli cies, standards, operating procedures, and control measures necessary to provide a modern system of postsecondary vocational-technical schools which is highly responsive to the occu pational education and training needs of business, industry, and students and which en hances the state's competitive position for economic development.
(13) The State Board of Postsecondary Vocational Education shall appoint an executive director and shall fix his compensation, duties, and responsibilities consistent with the pro visions of this article. The executive director shall exercise the overall supervision and direc tion of the staff of the State Board of Postsecondary Vocational Education and shall serve at the pleasure of the State Board of Postsecondary Vocational Education. The State Board of Postsecondary Vocational Education may assign and delegate to the executive director such responsibilities, powers, and duties as the State Board of Postsecondary Vocational

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Education may deem proper and appropriate, including the authority to execute in behalf of the State Board of Postsecondary Vocational Education legal documents and other filings.
(14) The executive director shall be responsible for implementing the policies of the State Board of Postsecondary Vocational Education and for the day-to-day operations of the State Board of Postsecondary Vocational Education. The executive director shall de velop job descriptions for the necessary administration, programmatic, liaison, and clerical personnel and shall, at his discretion, hire staff necessary for the operation of the State Board of Postsecondary Vocational Education.
(15) Newly hired professional personnel employed for the first time by the State Board of Postsecondary Vocational Education on or after July 1, 1985, and all full-time nonprofessional personnel employed for the first time after July 1, 1987, by postsecondary vocationaltechnical schools governed by the state board shall become members of the Teachers Retire ment System of Georgia as a condition of employment, if otherwise eligible under laws, rules, and regulations, unless such personnel select membership in the Employees' Retire ment System of Georgia and are otherwise eligible under laws, rules, and regulations. Once such election is made by such personnel, the election is irrevocable during the tenure of employment with the State Board of Postsecondary Vocational Education or any postsecon dary vocational-technical school governed thereby. Newly hired employees not eligible for membership in the Teachers Retirement System of Georgia shall become members of the Public School Employees Retirement System as a condition of employment if eligible. The State Board of Postsecondary Vocational Education shall provide by regulation for inform ing prospective employees of the option provided for by this paragraph so that such person nel may choose membership in the Teachers Retirement System of Georgia or the Employ ees' Retirement System of Georgia or the Public School Employees Retirement System at the time of their employment.
(16) All full-time employees of a postsecondary vocational-technical school formerly op erated by a local board of education or area postsecondary vocational education board as of July 1, 1987, or the date which the state board assumes governance of the postsecondary vocational-technical school shall elect either to continue membership in the Teachers Re tirement System of Georgia or to become members of the Employees' Retirement System of Georgia. Once such election is made by such personnel, the election is irrevocable during the tenure of employment with the State Board of Postsecondary Vocational Education or any postsecondary vocational school governed thereby. All employees who are members of the Public School Employees Retirement System may elect to continue their membership in the Public School Employees Retirement System or to become members of the Teachers Retire ment System of Georgia or the Employees' Retirement System of Georgia if otherwise eligi ble under laws, rules, or regulations.
(17) Employees of postsecondary vocational-technical schools governed by the state board shall serve in the unclassified service of the state merit system as defined by Code Section 45-20-6, provided that employees who serve in the classified service of the state merit system as defined by Code Section 45-20-6 may elect to remain in the classified ser vice and be governed by the provisions thereof; provided, further, that such employees who choose to be promoted to unclassified positions or who request to transfer to different posi tions or locations shall become members of the unclassified service.
(18) Employees of postsecondary vocational-technical schools governed by the state board who are appointed after July 1, 1987, or after the date on which the state board assumes governance of the postsecondary vocational-technical schools shall have their com pensation established in conformity with state board policy in accordance with the state board compensation plan in effect at the time of employment. Such employees shall receive benefits in effect at the time of employment available to state employees employed by the state board. The benefits and compensation for any employee may be amended, increased, or decreased at any time as the state board deems appropriate.
(19) Employees of postsecondary vocational-technical schools formerly operated by a local board of education or area postsecondary vocational education board shall as of July 1,

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1987, or the date on which the state board assumes governance of the postsecondary voca tional-technical school make a choice as follows as to which salary and which benefit plan shall govern their employment:
(A) The salary earned as of July 1, 1987, or the date on which the state board assumes governance of the postsecondary vocational-technical school, whichever is later, and the benefit plan in effect as of the same date, provided that such benefits can be obtained for comparable or less cost by the state board. If such benefits cannot be obtained for compara ble or less cost, such employees shall receive the benefits available to state employees em ployed by the state board. The future salaries of employees making this choice shall be governed by policies established by the state board. Employees making this choice shall have no rights to salary increases accruing from past or future conditions or changes to their former compensation plans administered by local boards of education or area postsecondary vocational education boards;
(B) The salary earned as of July 1, 1987, or the date on which the state board assumes governance of the postsecondary vocational-technical school, whichever is later, and the benefits available to state employees employed by the state board as of the same date, pro vided that the state board may increase the salaries of employees to conform with the state board compensation plan in effect as of July 1, 1987, or the date on which the state board assumes governance of the postsecondary vocational-technical school. Employees making this choice shall have their compensation administered in conformity with state board pol icy in accordance with the state board compensation plan; or
(C) Employees of postsecondary vocational-technical schools formerly operated by local boards of education or area postsecondary vocational-technical boards who choose to be pro moted or who request to transfer to different positions or locations shall be placed under the state board compensation plan and shall receive benefits as provided by subparagraph (B) of this paragraph.
(20) Employees in the classified service of the state merit system who are employed by postsecondary vocational-technical schools governed by the state board who elect to become members of the unclassified service shall have their compensation established in conformity with state board policy in accordance with the state board compensation plan in effect at the time of such election.
(21) An employee of a postsecondary vocational-technical school governed by the state board may be granted an amount of initial accrued sick and annual leave; provided, how ever, that the amount granted does not exceed the amount accrued as of July 1, 1987, or the date on which the state board assumes governance of the postsecondary vocational-technical school, whichever is later; provided, further, that the employee has not received payment from the former employer for the leave; provided, further, that the amount does not exceed the amount which would have been accrued in the employment of the state board; provided, further, that the employee agrees not to leave employment voluntarily for a period of at least 12 months from July 1, 1987, or the date on which the state board assumes governance of the postsecondary vocational-technical school, whichever is later; provided, further, any leave granted under this paragraph shall be subject to the same limitations as leave accrued while employed by the state board, including forfeiture.
(22) Employees of postsecondary vocational-technical schools governed by the state board shall accrue sick leave as provided for by the rules and regulations of the State Per sonnel Board.
(23) Employees of postsecondary vocational-technical schools governed by the state board shall receive days off with pay, the total of which in any year shall not exceed the total of the number of state holidays provided by Code Section 1-4-1 and the number of annual leave days authorized by the rules and regulations of the State Personnel Board. The state board may by policy establish conditions regulating such days off with pay. Such em ployees shall accrue annual leave as provided for by the rules and regulations of the State Personnel Board. For the purposes of determining the number of annual leave days author-

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ized to be accrued by the rules and regulations of the State Personnel Board, years of expe rience in the employment of local boards of education or area postsecondary vocational edu cation boards shall be counted as years of experience in the employment of the vocationaltechnical schools governed by the state board.
(b) Any other Code section of this article to be contrary notwithstanding, the State Board of Postsecondary Vocational Education shall assume the management, operation, and control of the Quick Start Program. The State Board of Education shall transfer to the State Board of Postsecondary Vocational Education all existing staff, equipment, funds, property, and support functions and facilities currently under its control to accomplish this requirement, as set forth in this Code section.
(c) Upon a postsecondary vocational-technical school's conversion to state management, any unexpended nonstate funds that have been collected by, appropriated for, or otherwise earmarked for use by said postsecondary vocational-technical school operated by a local board of education or an area board shall remain with that school until expended for the intended purpose.
Part 15
20-2-320. (a) The Governor, prior to July 15, 1985, shall appoint a task force composed of representatives from the Department of Education, the Office of Planning and Budget, the Department of Audits, the Department of Administrative Services, and the Legislative Budget Office to identify the specific data required to implement the Quality Basic Educa tion Program on a fiscally sound basis. The task force is directed to identify any other infor mation which will be required from local units of administration, public libraries, and postsecondary area vocational-technical schools for the implementation of this article and to design a state-wide comprehensive educational information network which will provide for the accurate and timely flow of information from these agencies to the state.
(b) This task force shall further develop specifications for hardware and software acqui sition for administrative uses. Such specifications shall be followed by the State Board of Education and local units of administration, public libraries, and postsecondary area voca tional-technical schools. The state board shall request sufficient funds annually for the de velopment, operation, training of appropriate personnel, and maintenance of the state-wide comprehensive educational information network, including any funding needed for equip ment and software for local units of administration, public libraries, and postsecondary area vocational-technical schools.
(c) Any information collected over the state-wide comprehensive educational informa tion network shall be made available to the Governor and the House and Senate Appropria tions and Education committees, except information otherwise prohibited by statute. Such data shall be transmitted by electronic medium no later than July 1, 1989.
(d) The state-wide comprehensive educational information network shall be substan tially completed prior to July 1, 1988, and shall be fully completed by July 1, 1989; pro vided, however, that the task force appointed by the Governor shall have the authority to specify components which, in its judgment, cannot be completed until July 1, 1990. The task force shall develop a timetable for implementation of the information network and shall annually report to the Governor and to the General Assembly progress toward completion of the network. The task force shall be abolished on July 1, 1989, unless extended beyond that date by order of the Governor. As used in this Code section, 'substantially completed' is defined, at a minimum, as including complete FTE counts, the uniform budgeting and ac counting system, and complete salary data for each local school system.
20-2-321. The State Board of Education shall maintain, according to the specific data categories defined by the task force created under Code Section 20-2-320, expenditure records for each instructional program and other grant program under this article. As a part of its annual budget request, the state board shall specify the teacher-student ratios for each of the program weights and the cost components reflected in the base amount defined in subsection (a) of Code Section 20-2-161. Such information shall be made available to the

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Appropriations and Education committees of the House of Representatives and Senate of the General Assembly.
20-2-322. The State Board of Education shall not initiate or cause to be initiated any program, program expansion, activity, or activity expansion related to or contemplated in this article which would result in additional expenditures by the state if such expenditures are not funded or otherwise contemplated by the General Assembly in an Appropriations Act in force or to be in force within one year."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Senator Barnes of the 33rd moved that the Senate agree to the House substitute to SB 179 as amended by the following amendment:
Amend the House substitute to SB 179 by striking from line 3 and line 4 of page 2 the following:
"to provide for a uniform school starting date for students;". By striking from line 13 and line 14 of page 11 the following: "unless they attain the age of 21 by September 1 or", and inserting in lieu thereof the following: "through age 21 or until they". By striking from line 7 and line 8 of page 115 the following: "and within the authority granted by the Constitution and this Title", and inserting in lieu thereof the following: "this article". By adding on line 9 of page 115 after the following: "article.", the following: "If a local board of education fails to comply with any provision of this article, compli ance shall be enforced pursuant to Code Section 20-2-243." By striking from line 9, line 10, and line 11 of page 116 the following: "adopted or promulgated pursuant to and within the authority granted by the Consti tution and this title", and inserting in lieu thereof the following: "pursuant to this article". By adding on line 4 of page 164 after the following: "20-2-213",
the following: "and as one of the components in the comprehensive evaluation pursuant to Code Sec
tion 20-2-282".
Senator Dean of the 31st moved the previous question.
On the motion, the yeas were 39, nays 0; the motion prevailed, and the previous ques tion was ordered.
On the motion offered by Senator Barnes of the 33rd, the President ordered a roll call, 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 Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols

Edge English Engram Foster Garner Gillis Harris Harrison Hine Howard Hudgins Huggins Kennedy Kidd Land McGill McKenzie

Olmstead Peevy Perry Phillips Ragan Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Timmons Tolleson Turner Tysinger Walker

Those voting in the negative were Senators:

Langford

Newbill

Tate

Not voting were Senators Brown of the 47th (excused) and Fincher.

On the motion, the yeas were 50, nays 3; the motion prevailed, and the Senate agreed to the House substitute to SB 179 as amended by the Senate.

The President announced that the Senate would stand in recess from 12:20 o'clock P.M. until 1:30 o'clock P.M.

At 1:30 o'clock P.M., the President called the Senate to order.

The following resolution of the House was taken up for the purpose of considering the House action thereon:

HR 176. By Representatives Byrd of the 153rd, Moody of the 153rd, Smith of the 152nd and others:
A resolution creating the Brunswick Judicial Circuit Study Committee.

Senator Echols of the 6th moved that the Senate adhere to the Senate substitute to HR 176, and that a Conference Committee be appointed.

On the motion, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Barnes Brannon Burton Crumbley Dawkins Dean Echols

Edge Engram Garner Gillis Harris Hine Howard Huggins Kennedy

Kidd Land McGill McKenzie Newbill Peevy Perry Phillips Scott of 36th

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Stumbaugh Tate

Tolleson Turner

Tysinger

Those not voting were Senators:

Baldwin Barker Bowen Broun of 46th Brown of 47th (excused) Bryant Coleman
Coverdell

Deal English Fincher Foster Harrison Hudgins Langford
Olmstead

Ragan Ray Scott of 2nd o, u
Marr Timmons Walker

On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HR 176.

The President appointed as a Conference Committee on the part of the Senate the following:

Senators Echols of the 6th, Bryant of the 3rd and Ray of the 19th.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

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.

The House substitute to SB 315 was as follows:

A BILL
To be entitled an Act 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 pend ing appeal; to provide for all related matters; 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 declaration 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; to provide for regional emergency medical services councils; to change certain system designations; to pro vide that in certain counties the rules of the Department of Human Resources shall not require more than one emergency medical technician in a nondriver capacity in an ambu lance transporting a patient; to provide that portions of such rules shall affect ambulance drivers; to provide for rules on training of drivers; to provide for separate licensing of differ ent types of ambulance services; to provide for approval by a regional EMS council prior to licensing of a new ambulance service; to provide for exceptions; to change certain references to a division of the Department of Human Resources; to provide that all counties with am bulance service shall have a medical adviser; to clarify certain age requirements for licensure; to change the services that emergency medical technicians may render; to provide for additional services that paramedics, cardiac technicians, and emergency medical technicians may render; to provide the circumstances under which such additional services may be ren-

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dered; to change certain recertification requirements; 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. Code Section 31-5-3 of the Official Code of Georgia Annotated, relating to appeals from final decisions of the Department of Human Resources, is amended by striking in its entirety paragraph (3) of subsection (a) and inserting in its place a new paragraph (3) to read as follows:
"(3) Appeal to the superior court shall be by petition which shall be filed in the clerk's office of such court within 30 days after the final order or action of the department; the petition shall set forth the names of the parties taking the appeal, the order, rule, regula tion, or decision appealed from, and the reason it is claimed to be erroneous. The enforce ment of the order or action appealed from shall be automatically stayed upon the filing of such petition unless the commissioner of human resources in his final order certifies that his decision if stayed will harm the public health and safety, in which case a reviewing court may order a stay only if the court makes a finding that the public health and safety will not be harmed by the issuance of the stay. Upon the filing of such petition, the petitioner shall serve on the commissioner a copy thereof in the manner prescribed by law for the service of process, unless such service of process is waived. The appeal shall be an appeal de novo to the superior court and the appealing party shall have a right to a jury trial and all rights provided under Chapter 11 of Title 9, the 'Georgia Civil Practice Act.' The superior court shall render a decision approving, setting aside, or modifying the order or action appealed from."
Section 1. Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, is amended by striking Code Section 31-11-1, relating to find ings of the General Assembly and declaration of policy, in its entirety and inserting in lieu thereof a new Code Section 31-11-1 to read as follows:
"31-11-1. (a) The General Assembly finds and determines:
(1) That the furnishing of emergency medical services is a matter of substantial impor tance to the people of this state;
(2) That the cost and quality of emergency medical services are matters within the public interest;
(3) That it is highly desirable for the state to participate in the support and develop ment of emergency medical services systems;
(4) That the administration of an emergency medical services system should be the responsibility of the Department of Human Resources, acting upon the recommendations of the local entity which coordinates the program; all ambulance services shall be a part of this system even if this system is the '911' emergency telephone number;
(5) That an emergency medical services system in a health district should be operated as economically and efficiently as possible to serve the public welfare and, to achieve this goal, should involve the designation of geographical territories to be serviced by participat ing ambulance providers and should involve an economic and efficient procedure to dis tribute emergency calls among participating ambulance providers serving the same health district;
(6) That any first responder falls under the department's rules and regulations gov erning ambulances and can transport only in life-threatening situations or by orders of a licensed physician or when a licensed ambulance cannot respond; and
(7) There shall be established by each regional EMS council a medical control program to include accountability and performance evaluations of the emergency medical service sys tems personnel, cardiac technicians, emergency medical technicians, and paramedics within the emergency medical services in this state.

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(b) The General Assembly therefore declares that, in the exercise of the sovereign pow ers of the state to safeguard and protect the public health and general well-being of its citizens, it is the public policy of this state to encourage, foster, and promote emergency medical services systems and that such systems shall be implemented in a manner that is coordinated, orderly, economical, and without unnecessary duplication of services and facilities."
Section 2. Said chapter is amended by striking Code Section 31-11-2, relating to defini tions relative to emergency medical services, in its entirety and inserting in lieu thereof a new Code Section 31-11-2 to read as follows:
"31-11-2. As used in this chapter, the term:
(1) 'Ambulance' means any transport vehicle that is specifically modified and equipped and is intended to be used for the emergency transportation of patients, including ground, water, and air transport vehicles.
(2) 'Ambulance attendant' means a person responsible for the care of patients being transported in an ambulance.
(3) 'Ambulance provider' means an agency or company providing ambulance service which is operating under a valid license from the Emergency Health Section of the Division of Public Health of the Department of Human Resources.
(4) 'Ambulance service' means the provision of emergency care and transportation in this state for a wounded, injured, sick, invalid, or incapacitated human being to or from a place where medical or hospital care is furnished.
(5) 'Cardiac technician' means a person who, having been trained and certified as an emergency medical technician and having completed additional training in advanced cardiac life support techniques in a training course approved by the department, is so certified by the Composite State Board of Medical Examiners.
(6) 'Composite board' means the Composite State Board of Medical Examiners.
(7) 'Emergency Medical Services System (EMSS)' means a system which provides for the arrangement of personnel, facilities, and equipment, including communications, for the effective and coordinated delivery in an appropriate geographical area of health care services under emergency conditions, occurring either as a result of the patient's condition or as a result of natural disasters or similar situations, and which is administered by a public or nonprofit private entity which has the authority and the resources to provide effective ad ministration of the system.
(8) 'Emergency Medical Systems Communications Program' (EMSC Program) means any program established pursuant to Public Law 93-154, entitled the Emergency Medical Services Systems Act of 1973, which serves as a central communications system to coordi nate the personnel, facilities, and equipment of an emergency medical services system and which:
(A) Utilizes emergency medical telephonic screening;
(B) Utilizes a publicized emergency telephone number; and
(C) Has direct communication connections and interconnections with the personnel, fa cilities, and equipment of an emergency medical services system.
(9) 'Emergency medical technician' means a person who has been certified by the de partment after having successfully completed an emergency medical care training program approved by the department.
(10) 'First responder' means any person or agency who provides on-site care until the arrival of a duly licensed ambulance service.
(11) 'Health districts' means the geographical districts designated by the department in accord with Code Section 31-3-15.

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(12) 'Invalid car' means a motor vehicle not used for emergency purposes but used only to transport persons who are convalescent, sick, or otherwise nonambulatory.
(13) 'License' when issued to an ambulance service signifies that its facilities and opera tions comply with this chapter and the rules and regulations issued by the department hereunder.
(14) 'License officer" means the commissioner of human resources or his designee.
(15) 'Paramedic' means a person who has been certified by the Composite State Board of Medical Examiners after having been trained in emergency care techniques in a paramedic training course approved by the Department of Human Resources.
(16) 'Patient' means an individual who is sick, injured, wounded, or otherwise incapaci tated or helpless.
(17) 'Person' means any individual, firm, partnership, association, corporation, com pany, group of individuals acting together for a common purpose, or organization of any kind, including any governmental agency other than of the United States.
(18) 'Provisional license' when issued to an ambulance service means a license issued on a conditional basis to allow a newly established ambulance service a period of 30 days to demonstrate that its facilities and operations comply with this chapter and rules and regula tions issued by the department under this chapter.
(19) 'Regional EMS council' means the public or nonprofit private entity designated by the Board of Human Resources or its designee to administer and coordinate the EMSS Program in a health district established in accord with Code Section 31-3-15. There shall be a regional EMS council to coordinate each EMSS Program."
Section 3. Said chapter is further amended by striking Code Section 31-11-3, relating to recommendations by local coordinating entities as to administration of EMSC programs, in its entirety and inserting in lieu thereof a new Code Section 31-11-3 to read as follows:
"31-11-3. (a) The Board of Human Resources shall have the authority on behalf of the state to designate and contract with a public or nonprofit local entity to coordinate and administer the EMSS Program for each health district designated by the Department of Human Resources. The regional EMS council thus designated shall be responsible for rec ommending to the board or its designee the manner in which the EMSS Program is to be conducted. In making its recommendations, the regional EMS council shall give priority to making the EMSS Program function as efficiently and economically as possible. Each li censed ambulance provider in the health district shall have the opportunity to participate in the EMSS Program.
(b) The regional EMS council shall request from each licensed ambulance provider in its health district a written description of the territory in which it can respond to emergency calls, based upon the provider's average response time from its base location within such territory; and such written description shall be due within ten days of the request by the regional EMS council.
(c) After receipt of the written descriptions of territory in which the ambulance provid ers propose to respond to emergency calls, the regional EMS council shall within ten days recommend in writing to the board or its designee the territories within the health district to be serviced by the ambulance providers; and at this same time the regional EMS council shall also recommend the method for distributing emergency calls among the providers, based primarily on the considerations of economy, efficiency, and benefit to the public wel fare. The recommendation of the regional EMS council shall be forwarded immediately to the board or its designee for approval or modification of the territorial zones and method of distributing calls among ambulance providers participating in the EMSS Program in the health district.
(d) The board, or its designee, is empowered to conduct a hearing into the recommen-

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dations made by the regional EMS council, and such hearing shall be conducted according to the procedures set forth in Code Section 31-5-2.
(e) The recommendations of the regional EMS council shall not be modified unless the board or its designee shall find, after a hearing, that the determination of the regional EMS council is not consistent with operation of the EMSS Program in an efficient, economical manner that benefits the public welfare. The decision of the board or its designee shall be rendered as soon as possible and shall be final and conclusive concerning the operation of the EMSS Program; and appeal from such decision shall be pursuant to Code Section 31-53.
(f) The regional EMS council shall begin administering the EMSS Program in accord with the decision by the board or its designee immediately after the decision by the board or its designee regarding the approval or modification of the recommendations made by the regional EMS council; and the EMSS Program shall be operated in such manner pending the resolution of any appeals filed pursuant to Code Section 31-5-3."
Section 4. Said chapter is further amended by striking subsection (a) of Code Section 31-11-5, relating to rules and regulations governing ambulance services, and inserting in its place a new subsection to read as follows:
"(a) The department is authorized to adopt and promulgate rules and regulations for the protection of the public health:
(1) Prescribing reasonable health, sanitation, and safety standards for transporting pa tients in ambulances;
(2) Prescribing reasonable conditions under which ambulance attendants or drivers are required, provided that, in any county having a population of 60,000 persons or less accord ing to the United States decennial census of 1980 or any future such census, no more than one emergency medical technician shall be required in a nondriver capacity in an ambulance transporting a patient;
(3) Establishing criteria for the training of ambulance attendants or drivers and pre scribing further, that ambulance attendants prior to employment as such must have com pleted the American Red Cross advanced first-aid course and an approved cardiopulmonary resuscitation course or other courses deemed equivalent by the department. Within nine months of initial employment an attendant must complete an approved emergency medical technician course with required tests and be certified as an emergency medical technician in this state; and
(4) The emergency medical technician course is to be offered at area hospitals and area technical vocational schools in conjunction with their emergency patient care and personnel training programs."
Section 5. Said chapter is further amended by striking Code Section 31-11-30, relating to license requirements, in its entirety and inserting in lieu thereof a new Code Section Si ll-30 to read as follows:
"31-11-30. (a) No person shall operate an ambulance service in this state without hav ing a valid license or provisional license issued by the license officer pursuant to this chapter.
(b) There shall be separate and distinct licenses issued for ground, air, and water ambu lance services.
(c) Any person who violates the provisions of this Code section shall be guilty of a misdemeanor."
Section 6. Said chapter is further amended by striking Code Section 31-11-32, relating to the duties of a license officer, and inserting in lieu thereof a new Code Section 31-11-32 to read as follows:
"31-11-32. (a) The license officer shall, within ten days after receipt of an application

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for a license or provisional license as provided for in this article, cause such investigation as he deems necessary to be made to determine that the standards prescribed by this chapter have been met.
(b) The license officer shall issue a license under this article for a period of two years, unless earlier suspended, revoked, or terminated, when he finds that all the requirements of this article have been met.
(c) The license officer shall issue provisional licenses for 30 days for the purpose speci fied in paragraph (18) of Code Section 31-11-2.
(d) Before issuing a license for a new ambulance service, the license officer shall seek the approval of the regional EMS council as to the need for the proposed ambulance service."
Section 7. Said chapter is further amended by striking Code Section 31-11-50, relating to medical advisers, in its entirety and inserting in lieu thereof a new Code Section 31-11-50 to read as follows:
"31-11-50. (a) To enhance the provision of emergency medical care, each ambulance service shall be required to have a medical adviser. The adviser shall be a physician licensed to practice medicine in this state and subject to approval by the medical consultant of the Emergency Health Section of the Division of Physical Health of the Department of Human Resources. Ambulance services unable to obtain a medical adviser, due to unavailability or refusal of physicians to act as medical advisers, may request the district health director or his designee to act as medical adviser until the services of a physician are available.
(b) The duties of the medical adviser shall be to provide medical direction and training for the ambulance service personnel in conformance with acceptable emergency medical practices and procedures."
Section 8. Said chapter is further amended by striking Code Section 31-11-52, relating to certification and recertification of advanced emergency medical technicians and cardiac technicians, in its entirety and inserting in lieu thereof a new Code Section 31-11-52 to read as follows:
"31-11-52. (a) The composite board shall establish procedures and standards for certify ing and recertifying paramedics and cardiac technicians. An applicant for initial certification as a paramedic or a cardiac technician must:
(1) Submit a completed application on a form to be prescribed by the composite board, which shall include evidence that the applicant is 18 years of age or older and is of good moral character;
(2) Submit from the department a notarized statement that the applicant has com pleted a training course approved by the department;
(3) Submit to the composite board a fee as set forth in the regulations of the composite board; and
(4) Meet such other requirements as are set forth in the rules and regulations of the composite board.
(b) The department shall also adopt procedures and standards for its approval of paramedic training courses and cardiac technician training courses. The department shall adopt such regulations after consultation with the composite board and other appropriate public and private agencies and organizations concerned with medical education and the practice of medicine. Procedures and standards adopted by the department shall be consis tent with the purposes and provisions of this chapter."
Section 9. Said chapter is further amended by striking subsection (a) of Code Section

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31-11-53, relating to services which may be rendered by emergency medical technicians and trainees, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Upon certification by the department, emergency medical technicians may do any of the following:
(1) Render first-aid and resuscitation services as taught in the United States Depart ment of Transportation basic training courses for emergency medical technicians or an equivalent course approved by the department; and
(2) Upon the order of a duly licensed physician, administer approved intravenous solu tions, inflate medical antishock trousers, and insert and use the esophageal obturator airway."
Section 10. Said chapter is further amended by striking Code Section 31-11-54, relating to additional services which may be rendered, and inserting in its place a new Code Section 31-11-54 to read as follows:
"31-11-54. (a) Upon certification by the composite board, paramedics may perform any service that a cardiac technician is permitted to perform. In addition, upon the order of a duly licensed physician and subject to the conditions set forth in paragraph (2) of subsec tion (a) of Code Section 31-11-55, paramedics may perform any other procedures which they have been both trained and certified to perform, including, but not limited to:
(1) Administration of parenteral injections of diuretics, anticonvulsants, hypertonic glu cose, antihistamines, bronchodilators, emetics, narcotic antagonists, and others;
(2) Cardioversion; and
(3) Gastric suction by intubation.
(b) While in training preparatory to becoming certified, paramedic trainees may per form any of the functions specified in this Code section under the direct supervision of a duly licensed physician or a registered nurse."
Section 11. Said chapter is further amended by inserting a new Code Section 31-11-55.1 between Code Section 31-11-55 and Code Section 31-11-56, to read as follows:
"31-11-55.1. Emergency medical services technicians, cardiac technicians, and paramedics shall be allowed to render such additional services when the following conditions are met:
(1) The service is recommended by the Emergency Health Services Advisory Council (EHSAC) and approved by the Board of Human Resources and the Composite State Board of Medical Examiners as appropriate;
(2) The emergency medical technician, cardiac technician, or paramedic has completed a training course relative to such additional service approved by the Department of Human Resources; and
(3) The emergency medical technician, cardiac technician, or paramedic has obtained written authorization from the ambulance service medical adviser to administer such addi tional service."
Section 12. Said chapter is further amended by striking Code Section 31-11-57, relating to revocation of certificates of advanced emergency medical technicians and cardiac techni cians, in its entirety and inserting in lieu thereof a new Code Section 31-11-57 to read as follows:
"31-11-57. Certificates issued to paramedics and cardiac technicians pursuant to this chapter may be revoked for good cause by the composite board in accordance with estab lished rules and regulations, after notice to the certificate holder of the charges and an op portunity for hearing. Such proceedings shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The composite board shall have the authority to conduct investigations and subpoena any documents relating to the fitness of

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paramedics and cardiac technicians. Such documents may be used in any hearing conducted by the composite board."
Section 13. Said chapter is further amended by striking Code Section 31-11-58, relating to recertification standards, in its entirety and inserting in lieu thereof a new Code Section 31-11-58 to read as follows:
"31-11-58. (a) Standards adopted by regulation of the composite board or the depart ment for the periodic recertification of emergency medical technicians, paramedics, and car diac technicians may include such additional examination or educational requirements as the composite board or the department deems appropriate to ensure the continued compe tency of such technicians. No standards shall be adopted by the composite board or the department pursuant to this subsection other than those authorized by the other subsec tions of this Code section.
(b) In order to ensure the continued competency of emergency medical technicians, car diac technicians, and paramedics who hold certificates issued under this chapter, each such person, no later than December 31 of each year, shall furnish evidence satisfactory to the department or the composite board which certified him that he has met the active practice requirements of subsection (c) of this Code section and the continuing education require ments of subsection (d) of this Code section.
(c) The active practice requirements shall be met if, for at least 80 hours per month during at least nine months out of the immediately preceding 12 months or for at least 80 hours per month during at least 18 months out of the immediately preceding 24 months, a person renders or was on call to render any service which such person's certificate author ized that person to render.
(d) The continuing education requirements shall be met by annually completing onefifth of the following five-year requirements for hours of continuing education: 50 hours for emergency medical technicians; 75 hours for cardiac technicians; and 100 hours for paramedics. These five-year continuing education requirements shall be divided into five segments or modules of equal length. Any one module may be completed each year to meet the annual continuing education requirements, but all five modules shall be completed dur ing a five-year period. This program of continuing education shall be approved by the de partment. The program or any modular segment of it shall be taught or administered either by persons meeting qualifications established by the department and employed or author ized by a vocational-technical school in the state or by any person who is a medical adviser under Code Section 31-11-50, or both.
(e) A certificate issued under this chapter shall be revoked, under the procedures of Code Section 31-11-56 or 31-11-57, if the holder of the certificate fails to furnish to the department or the composite board which certified him under this chapter satisfactory evi dence that he has met the active practice requirements, continuing education requirements, or both, of this Code section. A certificate so revoked may be reinstated upon the holder's furnishing to the department or the composite board which certified the holder under this chapter satisfactory evidence of having successfully completed a 40 hour recertification course and having successfully passed both a written and practical examination. The recer tification course, the person teaching the course, the examinations, and the requirements for passing the examinations shall be approved by the department. A person whose certificate has been so reinstated shall be required to meet the active practice and continuing educa tion requirements of this Code section for the 12 month period following the certificate reinstatement and for each 12 month period thereafter.
(f) Any person who teaches for at least 80 hours per calendar year any emergency medi cal technician course, any continuing education course or recertification course authorized by this Code section, or any combination of such courses shall not be required for that year to meet either the active practice or continuing education requirements provided for in this Code section in order to maintain such person's certificate as an emergency medical technician.

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(g) The requirements of paragraph (4) of subsection (a) of Code Section 31-11-5 regard ing the location at which certain courses may be taught shall not apply to either continuing education courses or recertification courses under this Code section."
Section 14. Said chapter is further amended by striking Code Section 31-11-59, relating to services of emergency medical technicians and cardiac technicians in hospitals, in its en tirety and inserting in lieu thereof a new Code Section 31-11-59 to read as follows:
"31-11-59. Emergency medical technicians, paramedics, and cardiac technicians may render any service which they are authorized to render under Code Sections 31-11-53, 31-1154, and 31-11-55, respectively, in any hospital. Such services shall not be rendered in lieu of the services of a physician or a registered professional nurse and shall only be rendered in a hospital at the discretion of and after the prior approval by the hospital governing authority on the order of a physician or, if a physician or registered professional nurse is present, at the direction of a physician or registered professional nurse, provided that such hospital has a currently valid permit or conditional permit issued by the department pursuant to Article 1 of Chapter 7 of this title. The provisions of this Code section are cumulative and are not intended to limit the rendering of services by emergency medical technicians, cardiac tech nicians, and paramedics in any area in which they are already authorized to render such services."
Section 15. Said chapter is further amended by striking Code Section 31-11-60, relating to obtainment and administration of drugs by certified employees of counties and munici palities, in its entirety and inserting in lieu thereof a new Code Section 31-11-60 to read as follows:
"31-11-60. (a) Any emergency medical technician, paramedic, or cardiac technician who is certified under this article and who works for a county or municipal police department, fire department, or rescue unit is authorized to obtain any substance which such person is authorized to administer by virtue of his certification. Any such unit to which the emer gency medical technician, paramedic, or cardiac technician is attached must be licensed by the department as a medical first responder unit. Such unit may then obtain from a hospital pharmacy those legend drugs listed and legally permitted to be used by paramedics, emer gency medical technicians, or cardiac technicians. The first responder unit shall have a signed agreement with the hospital in order for the hospital to furnish such drugs, and a copy of this agreement must be filed with the Georgia Drugs and Narcotics Agency. The requirements for administering, controlling, and storing these drugs shall be the same as the requirements for a standard ward inventory in a hospital.
(b) Any substance obtained under subsection (a) of this Code section shall be used only in connection with the emergency medical technician's, paramedic's, or cardiac technician's employment with the county or municipality, as such, and only while on duty as an emer gency medical technician, paramedic, or cardiac technician.
(c) It shall not be necessary for an emergency medical technician, paramedic, or cardiac technician to be assigned to a licensed ambulance service in order to obtain any substance under subsection (a) of this Code section."
Section 16. Said chapter is further amended by striking Code Section 31-11-61, relating to penalties, in its entirety, and inserting in lieu thereof a new Code Section 31-11-61 to read as follows:
"31-11-61. Any person who shall falsely represent himself to be a certified emergency medical technician, certified cardiac technician, or certified paramedic or who shall accept or continue in employment as such and perform the duties thereof without being certified as prescribed by this chapter shall be guilty of a misdemeanor."
Section 17. All laws and parts of laws in conflict with this Act are repealed.
Senator Garner of the 30th moved that the Senate disagree to the House substitute to SB 315.

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On the motion, the yeas were 30, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SB 315.

The following bill of the Senate was taken up for the purpose of considering the House action thereon:

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.

Senator Kidd of the 25th moved that the Senate adhere to the Senate amendment to HB 387, and that a Conference Committee be appointed.

On the motion, the yeas were 30, nays 0; the motion prevailed, and the Senate adhered to the Senate amendment to HB 387.

The President appointed as a Conference Committee on the part of the Senate the following:

Senators Kidd of the 25th, Hudgins of the 15th and Walker of the 43rd.

The following resolution of the Senate was taken up for the purpose of considering the Conference Committee report thereon:

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.

The Conference Committee report on SR 7 was as follows:

The Committee of Conference on SR 7 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SR 7 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Culver Kidd Senator, 25th District
/s/ Floyd Hudgins Senator, 15th District
/s/ Gene Walker Senator, 43rd District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Claude A. Bray, Jr. Representative, 91st District
/s/ William J. Lee Representative, 72nd District
/s/ Bob Holmes Representative, 28th District

Conference Committee substitute to SR 7:

A RESOLUTION
Proposing an amendment to the Constitution so as to change the terms of office of members of the General Assembly from two years to four years; to provide for matters rela-

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tive 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 III, Section II of the Constitution is amended by striking Paragraph V, relating to the election and terms of office of members of the General Assembly, in its entirety 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 first election for members of the General Assembly to serve four-year terms shall take place on Tuesday after the first Monday in November, 1988, and subsequent elections quadrennially on that day until the day of election is changed by law.

(c) Members of the General Assembly elected at the November, 1988, general election shall take office on the convening date of the General Assembly in 1989 and shall serve for terms of four years in lieu of terms of two years."

Section 2. Article III, Section IV, Paragraph I of the Constitution, relating to meeting, time limit, and adjournment of the General Assembly, is amended by striking subparagraph (a) of Paragraph I in its entirety 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 1989 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 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. Bills pending at the final adjournment of the regular session in each odd-numbered year shall be carried forward to the regular session in the following even-numbered year. Bills pending at the final adjournment of the regular session in the even-numbered years shall not be carried forward."

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 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 Kidd of the 25th moved that the Senate adopt the Conference Committee re port on SR 7.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Brannon

Bryant Crumbley Dawkins

Echols Edge English

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Engram Fincher G^"er Gilhs Harris Harrison
Howard
Huggins

Kidd Land Langford McKenzie Olmstead Peevy
Perry
Phillips

Ragan Ray Scott of 36th T
Tolleson Turner Walker

Those voting in the negative were Senators:

Allgood Barker Barnes Burton

Coverdell Dean Hine Kennedy

Newbill Stumbaugh Tysinger

Those not voting were Senators:

Bowen Broun of 46th Brown of 47th (excused) Coleman

Deal Foster Hudgins McGill

Scott of 2nd Shumake Starr Timmons

On the motion, the yeas were 32, nays 11; the motion, having failed to receive the requi site two-thirds constitutional majority, was lost, and the Senate rejected the Conference Committee report on SR 7.

Senator Kidd of the 25th moved that the Senate reconsider its action in rejecting the Conference Committee report on SR 7.

On the motion, the yeas were 32, nays 4; the motion prevailed, and the Conference Committee report on SR 7 was reconsidered.

Senator Kidd of the 25th asked unanimous consent to withdraw his motion to adopt the Conference Committee report on SR 7, and the consent was granted.

Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair.

The following bills of the Senate and House were taken up for the purpose of consider ing the Conference Committee reports thereon:

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 Conference Committee report on SB 159 was as follows:

The Committee of Conference on SB 159 recommends that both the Senate and the

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House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 159 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Albert J. Scott Senator, 2nd District
/s/ Ed Barker Senator, 18th District
1st Frank A. Albert Senator, 23rd District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Jim Pannell Representative, 122nd District
/s/ Steve Thompson Representative, 20th District
/s/ Henry Bostick Representative, 138th District

Conference Committee substitute to SB 159:

A BILL
To be entitled an Act to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to 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; to require the Department of Human Resources to develop criteria for determining eligibility for funds to be used for child abuse and neglect prevention; to pro vide for the appropriation of funds to and the disbursement of funds from the State Chil dren's Trust Fund for child abuse and neglect prevention programs; to provide for grants to private nonprofit or public organizations; to require such organizations to meet certain crite ria; to provide for administration of the State Children's Trust Fund by the director of the Fiscal Division of the Department of Administrative Services; to provide for the investment of trust fund money; to provide that an amount equal to certain collections shall be appro priated to the State Children's Trust Fund; to provide for disbursement of trust fund money; to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Anno tated, relating to clerks of superior courts, so as to provide an additional fee in divorce cases; to provide for the disposition of such fees; to provide a penalty for the delinquent remission of moneys; to amend Article 3 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to costs in the probate courts and compensation of probate judges, so as to provide an additional fee for issuing a marriage license; to provide for the disposition of such fees; to provide a penalty for delinquent remission of moneys; to provide an effective date; to provide a termination date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 19 of the Official Code of Georgia Annotated, relating to domestic rela tions, is amended by adding at the end thereof a new Chapter 14 to read as follows:
"CHAPTER 14
ARTICLE 1
19-14-1. This chapter shall be known and may be cited as the 'Child Abuse and Neglect Prevention Act.'
19-14-2. As used in this chapter, the term:
(1) 'Child' means a person under 18 years of age.
(2) 'Child abuse' means harm or threatened harm to a child's health or welfare by a person responsible for the child's health or welfare, which harm occurs or is threatened through nonaccidental physical or mental injury or the commission of a crime involving physical or sexual abuse of a child.

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(3) 'Commission' means the State Children's Trust Fund Commission created in Code Section 19-14-3.
(4) 'Neglect' means harm to a child's health or welfare by a person responsible for the child's health or welfare which occurs through negligent treatment, including the failure to provide adequate food, clothing, shelter, or medical care.
(5) 'Prevention program' means a system of direct provision of child abuse and neglect prevention services to a child, parent, or guardian and may include research or educational programs related to prevention of child abuse and neglect.
(6) 'Trust fund' means the State Children's Trust Fund established in Code Section 1914-20.
19-14-3. (a) There is established the State Children's Trust Fund Commission which is assigned to the Department of Human Resources for administrative purposes only, as pre scribed in Code Section 50-4-3.
(b) The State Children's Trust Fund Commission shall consist of 15 members ap pointed by the Governor and confirmed by the Senate. Members shall be appointed for terms of four years, their initial appointments, however, being five for four-year terms, five for three-year terms, and five for two-year terms. State officers or employees may be ap pointed to the commission unless otherwise prohibited by law; provided, however, that one citizen member shall be appointed from each congressional district. As a group, the citizen members shall demonstrate knowledge in the area of child abuse and neglect prevention and, to the extent practicable, shall represent private nonprofit agencies or individual pro fessions which have special expertise or community involvement specifically in the area of child abuse prevention, professional providers of child abuse and neglect prevention ser vices, and volunteers in child abuse and neglect prevention services.
(c) In the event of death, resignation, disqualification, or removal for any reason of any member of the commission, the vacancy shall be filled in the same manner as the original appointment and the successor shall serve for the unexpired term.
(d) The initial terms for all members shall begin September 1, 1987.
(e) Membership on the commission does not constitute public office and no member shall be disqualified from holding public office by reason of his membership.
(f) The Governor shall designate a chairperson of the commission from among the members, which chairperson shall serve in that position at the pleasure of the Governor. The commission may elect such other officers and committees as it considers appropriate.
(g) The commission, with the approval of the Governor, may employ such professional, technical, or clerical personnel as deemed necessary to carry out the purposes of this chap ter. Such personnel may be members of the classified service of the State Merit System of Personnel Administration as defined in paragraph (2) of Code Section 45-20-2.
19-14-4. Members of the commission shall serve without compensation but 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 commission is in attendance at a meeting of such commis sion, 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. Such expense and travel allowance shall be paid in lieu of any per diem, allowance, or other remuneration now received by any such member for such attendance. Expense allowances and other costs authorized in this Code section shall be paid from moneys in the trust fund.
19-14-5. (e) The commission shall do all of the following:
(1) Meet at such times and places as it shall determine necessary or convenient to per form its duties. The commission shall also meet on the call of the chairperson or the Governor;

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(2) Maintain minutes of its meetings;
(3) Adopt rules and regulations for the transaction of its business;
(4) Accept applications for disbursements of available money from the trust fund for child abuse and neglect prevention purposes;
(5) Maintain records of all expenditures of the commission, funds received as gifts and donations, and disbursements made from the trust fund; and
(6) Conform to the standards and requirements prescribed by the state auditor pursu ant to Chapter 6 of Title 50.
(b) The commission shall utilize existing state resources and staff of participating de partments whenever practicable.
19-14-6. The commission may recommend to the Governor and the General Assembly changes in state programs, statutes, policies, budgets, and standards which will reduce the problem of child abuse and neglect, improve coordination among state agencies that provide prevention services, and improve the condition of children and parents or guardians who are in need of prevention program services.
19-14-7. The commission may accept federal funds granted by Congress or executive order for the purposes of this chapter as well as gifts and donations from individuals, pri vate organizations, or foundations. The acceptance and use of federal funds does not com mit state funds and does not place an obligation upon the General Assembly to continue the purposes for which the federal funds are made available. All funds received in the manner described in this Code section shall be transmitted to the director of the Fiscal Division of the Department of Administrative Services for deposit in the trust fund to be disbursed as other moneys in such trust fund.
19-14-8. The Department of Human Resources under the direction of the commissioner of human resources and the Board of Human Resources shall develop and furnish to the commission criteria for determining eligibility for receipt of disbursements from the trust fund.
19-14-9. (a) The commission may authorize the disbursement of available money from the trust fund after appropriation thereof to an entity or program eligible pursuant to the criteria of the Department of Human Resources for exclusively the following purposes, which are listed in the order of preference for expenditure:
(1) To fund a private nonprofit or public organization in the development or operation of a prevention program if at least all of the following conditions are met:
(A) The organization demonstrates a broad-based community involvement emphasizing volunteer efforts and a demonstrated expertise in child abuse prevention issues;
(B) The organization demonstrates an ability to match, through money or in-kind ser vices, 50 percent of the amount of any trust fund money received. The amount and types of in-kind services are subject to the approval of the commission;
(C) The organization demonstrates a willingness and ability to provide program models and consultation to organizations and communities regarding program development and maintenance; and
(D) Other conditions that the commission may deem appropriate;
(2) To fund services or facilities connected with child abuse and neglect prevention; and
(3) To fund the commission created in Code Section 19-14-3 for the actual and neces sary operating expenses that the commission incurs in performing its duties.
(b) Authorizations for disbursement of trust fund money under paragraph (3) of subsec tion (a) of this Code section shall be kept at a minimum in furtherance of the primary purpose of the trust fund which is to disburse money under paragraphs (1) and (2) of sub-

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section (a) of this Code section to encourage the direct provision of services to prevent child abuse and neglect.
(c) No funds shall be disbursed from the trust fund to any organization or other entity or for any purpose authorized in subsection (a) of this Code section until approved by the Governor; provided, however, that the Governor may not authorize the disbursement of funds to an organization or other entity which the commission has not recommended for a grant.
(d) Notwithstanding any other provisions of this chapter to the contrary, no funds shall be disbursed from the trust fund prior to July 1, 1988, except to pay operating expenses of the commission pursuant to paragraph (3) of subsection (a) of this Code section.
ARTICLE 2
19-14-20. The State Children's Trust Fund is created as a separate fund in the state treasury. The fund shall be expended only as provided in this chapter.
19-14-21. (a) The director of the Fiscal Division of the Department of Administrative Services shall credit to the trust fund all amounts appropriated or donated to such trust fund. All funds appropriated to or otherwise paid into the trust fund shall be presumptively concluded to have been committed to the purpose for which they have been appropriated or paid and shall not lapse.
(b) An amount equal to all funds paid into the general treasury pursuant to Code Sec tions 15-6-77.4 and 15-9-60.1 in the immediately preceding year shall be appropriated to the State Children's Trust Fund to implement and carry out the provisions of this chapter. This subsection shall be subject to the normal appropriation process.
19-14-22. The director of the Fiscal Division of the Department of Administrative Ser vices shall invest trust fund money in the same manner in which state funds are invested as authorized by the State Depository Board pursuant to Article 3 of Chapter 17 of Title 50.
19-14-23. After determining that a disbursement should be made pursuant to Code Sec tion 19-14-9 and after approval of such disbursement by the Governor, the commission shall forward a certified copy of the order granting the payment to the Fiscal Division of the Department of Administrative Services, which shall be authorized to draw a warrant or war rants upon the State Children's Trust Fund to pay the amount of the disbursement from such trust fund."
Section 2. Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, is amended by adding between Code Sections 15-6-77.3 and 15-6-78 a new Code Section 15-6-77.4 to read as follows:
"15-6-77.4. (a) In addition to any fees required in Code Sections 15-6-77, 15-6-77.2, and 15-6-77.3 and Code Section 47-14-51, for filing each divorce case, the clerk of superior court shall charge an additional fee of $5.00. Each clerk of the superior court shall collect the additional fees for divorce cases as provided in this Code section and shall pay such moneys over to the commissioner of revenue by the last day of the month there following, to be deposited by him into the general treasury. The commissioner of revenue shall, on a quar terly basis, make a report and accounting of all funds collected pursuant to this article and shall submit such report and accounting to the Office of Planning and Budget and the Leg islative Budget Office no later than 30 days after the last day of the preceding quarter.
(b) When any such person whose duty it is to collect and pay over such moneys fails to remit the sums within 60 days of the date they are required to be paid over, the same shall be delinquent and there may be imposed, in addition to the principal amount due, a specific penalty in the amount of 5 percent of said principal amount per month for each month during which the money is continued to be delinquent, not to exceed a total of 25 percent of the principal amount."
Section 3. Article 3 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to costs in the probate courts and compensation of probate judges, is amended by

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adding between Code Sections 15-9-60 and 15-9-61 a new Code Section 15-9-60.1 to read as follows:
"15-9-60.1. (a) In addition to any fees required in Code Section 15-9-60 for receiving marriage applications, issuing marriage licenses, and recording relative thereto, the judge of the probate court shall charge an additional fee of $15.00 for issuing a marriage license. No amount of this additional fee shall be paid into the Judges of the Probate Courts Retire ment Fund of Georgia provided for in Chapter 11 of Title 47 nor be used for the purpose of calculating retirement benefits for judges of the probate courts. Each judge of the probate court shall collect the additional fees for issuing marriage licenses as provided in this Code section and shall pay such moneys over to the commissioner of revenue by the last day of the month there following, to be deposited by him into the general treasury. The commis sioner of revenue shall, on a quarterly basis, make a report and accounting of all funds collected pursuant to this article and shall submit such report and accounting to the Office of Planning and Budget and the Legislative Budget Office no later than 30 days after the last day of the preceding quarter.
(b) When any such person whose duty it is to collect and pay over such moneys fails to remit the sums within 60 days of the date they are required to be paid over, the same shall be delinquent and there may be imposed, in addition to the principal amount due, a specific penalty in the amount of 5 percent of said principal amount per month for each month during which the money is continued to be delinquent, not to exceed a total of 25 percent of the principal amount."
Section 4. The purpose of this Act is to implement the amendment to the Constitution authorizing the creation of a State Children's Trust Fund (Ga. L. 1986, p. 1631).
Section 5. The provisions of this Act shall become effective on July 1, 1987.
Section 6. This Act shall be repealed in its entirety effective July 1, 1995.
Section 7. 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 SB 159.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Brannon Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols Edge

Engram Foster Garner Gillis Harris Harrison Hine Howard Kidd Land Langford McGill McKenzie Newbill

Peevy Perry Phillips Ragan Ray Scott of 2nd Scott of 36th Shumake Stumbaugh Tate Tolleson Turner Tysinger Walker

Those not voting were Senators:

Barker BBoarwneens Broun of 46th Brown of 47th (excused)

English Fincher
Hudgms Huggins

Kennedy (presiding) Olmstead
Starr Timmons

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On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on SB 159.

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.

The Conference Committee report on HB 185 was as follows:

The Committee of Conference on HB 185 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 185 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Culver Kidd Senator, 25th District
/s/ Gene Walker Senator, 43rd District
/s/ Floyd Hudgins Senator, 15th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Claude A. Bray, Jr. Representative, 91st District
/s/ Bob Holmes Representative, 28th District
/s/ Cathey W. Steinberg Representative, 46th District

Conference Committee substitute to HB 185:

A BILL
To be entitled an Act to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for procedures for appealing certain decisions of the Secretary of State regarding the qualifications of candidates for federal or state office; to provide for procedures for appealing certain decisions of an election superintendent regard ing the qualifications of candidates for county office; to change certain provisions relating to the creation of joint boards of elections and joint boards of elections and registrations; to provide for certain election functions which may be performed by counties; to change cer tain 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; to provide that in certain primaries and elections, and elector's current address shall be entered on a voter's certificate; to provide that the Secretary of State shall certify to the election superintendent of certain counties the names of all persons who have filed notices of intention to be write-in candidates with the Secretary of State; to provide that if the death or disqualification of a candidate after nomination for any public office, except an office filled by a nonpartisan primary, would at the time of such event result in there being no candidate for that office on the ballot in the general election, then the vacancy shall be filled by a special primary which shall be open only to the party of such deceased or disqualified candidate and the office shall be filled by a special election as provided in Code Section 21-2-540; to change the provisions relating to the closing of qualifying for certain primaries; to change the provisions relating to the dead line for filing certain notices of candidacy; to change certain provisions relating to the selec tion of candidates for the office of President of the United States to appear on ballots; to

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change certain provisions relating to procedures for withdrawal of certain candidates; to provide that in the event that the final day to register to vote in a special primary or elec tion occurs on a Saturday, Sunday, or legal holiday, the final day to register to vote will be the next following business day; to provide that certain ballots may be bound together in books of 25, 50, or 100; to provide that absentee ballots may be requested not more than 180 days prior to the date of a primary or election; to provide that special write-in absentee ballots may be requested not earlier than 180 days prior to an election; to provide that votes cast in certain primaries for candidates who have died, withdrawn, or been disqualified and votes cast in certain elections for candidates who have died or have been disqualified shall be void and shall not be counted; to provide for an alternative method of voting for certain handicapped electors who are unable to vote on a voting machine; to provide for ballots and accommodations; to provide that in certain cases where the court declares a primary or election to be invalid with regard to certain nominations, offices, or eligibility, the court shall call for the primary or election to be conducted again among the same candidates who participated in the original primary or election to fill such nomination or office; to provide for procedures for appealing certain decisions of a municipal superintendent regarding the qualifications of candidates for municipal office; to change certain provisions relating to mu nicipal authorization of counties to conduct certain municipal elections; to provide for cer tain election functions which may be performed by counties; to provide that in the event the final day to register to vote in a municipal special primary or election occurs on a Saturday, Sunday, or legal holiday, the final day for registration will be the next following business day; to provide that certain municipal ballots may be bound together in books of 25, 50, or 100; to provide that in municipal primaries and elections, an elector's current address shall be entered on a voter's certificates; to provide that votes cast in certain municipal primaries for candidates who have died, withdrawn, or been disqualified and votes cast in certain municipal elections for candidates who have died or have been disqualified shall be void and shall not be counted; to provide for an alternative method of voting for certain handicapped municipal electors who are unable to vote on a voting machine; to provide for ballots and accommodations; 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 subsection (d) of Code Section 21-2-5, relating to qualifications of can didates for federal or state office, and inserting in its place a new subsection (d) to read as follows:
"(d) The elector filing the challenge or the candidate challenged shall have the right to appeal the decision of the Secretary of State by filing a petition in the Superior Court of Fulton County within ten days after the entry of the final decision by the Secretary of State. The filing of the petition shall not itself stay the decision of the Secretary of State; however, the reviewing court may order a stay upon appropriate terms for good cause shown. As soon as possible after service of the petition, the Secretary of State shall transmit the original or a certified copy of the entire record of the proceedings under review to the reviewing court. The review shall be conducted by the court without a jury and shall be confined to the record. The court shall not substitute its judgment for that of the Secretary of State as to the weight of the evidence on questions of fact. The court may affirm the decision or re mand the case for further proceedings. The court may reverse or modify the decision if substantial rights of the appellant have been prejudiced because the findings, inferences, conclusions, or decisions of the Secretary of State are:
(1) In violation of the Constitution or laws of this state;
(2) In excess of the statutory authority of the Secretary of State;
(3) Made upon unlawful procedures;
(4) Affected by other error of law;
(5) Clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or

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(6) Arbitrary or capricious or characterized by an abuse of discretion or a clearly unwar ranted exercise of discretion.
An aggrieved party may obtain a review of any final judgment of the superior court by the Court of Appeals or the Supreme Court, as provided by law."
Section 2. Said title is further amended by striking subsection (d) of Code Section 21-26, relating to qualifications of candidates for county office, and inserting in its place a new subsection (d) to read as follows:
"(d) The elector filing the challenge or the candidate challenged shall have the right to appeal the decision of the superintendent by filing a petition in the superior court of the county in which the candidate resides within ten days after the entry of the final decision by the superintendent. The filing of the petition shall not itself stay the decision of the super intendent; however, the reviewing court may order a stay upon appropriate terms for good cause shown. As soon as possible after service of the petition, the superintendent shall transmit the original or a certified copy of the entire record of the proceedings under review to the reviewing court. The review shall be conducted by the court without a jury and shall be confined to the record. The court shall not substitute its judgment for that of the super intendent as to the weight of the evidence on questions of fact. The court may affirm the decision or remand the case for further proceedings. The court may reverse or modify the decision if substantial rights of the appellant have been prejudiced because the findings, inferences, conclusions, or decisions of the superintendent are:
(1) In violation of the Constitution or laws of this state;
(2) In excess of the statutory authority of the superintendent;
(3) Made upon unlawful procedures;
(4) Affected by other error of law;
(5) Clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or
(6) Arbitrary or capricious or characterized by an abuse of discretion of a clearly unwar ranted exercise of discretion.
An aggrieved party may obtain a review of any final judgment of the superior court by the Court of Appeals or the Supreme Court, as provided by law."
Section 3. Said title is further amended by striking Code Section 21-2-45, relating to creation of joint boards of elections and boards of elections and registrations, which reads as follows:
"21-2-45. (a) The General Assembly may by local Act create a joint county-municipal board of elections in any county of this state for that county and any municipality located wholly or partially within that county and empower the board with the powers and duties of the election superintendent of that county and municipality with regard to the conduct of primaries and elections.
(b) The General Assembly may by local Act create a joint county-municipal board of elections and registration in any county of this state for that county and any municipality located wholly or partially within that county and empower the board with the powers and duties of the election superintendent of that county and municipality with regard to the conduct of primaries and elections and empower the board with the powers and duties of the registrars and board of registrars of that municipality and county with regard to the registration of voters and absentee-balloting procedures.",
and inserting in its place a new Code Section 21-2-45 to read as follows:
"21-2-45. The governing authority of any municipality may authorize any county within which that municipality wholly or partially lies to conduct any or all elections held pursuant to this chapter. In the event a municipality shall by ordinance authorize such county to

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conduct elections, such municipality may request such county to perform any or all of the functions;
(1) That the county shall perform all duties as superintendent of elections as specified under Chapter 3 of this title;
(2) That the county shall perform all duties as superintendent of elections as specified under Chapter 3 of this title, with the exception of the qualification of candidates; or
(3) That the county shall lease or loan any or all of its election equipment to the munic ipality for the purpose of conducting municipal elections without any responsibility on the part of the county for the actual conduct of the municipal election.
With reference to any election, such municipality shall pay such county all costs incurred in performing those functions which the municipality has requested the county to perform; and, unless otherwise authorized, such county shall only perform those functions specifically enumerated in the contract. Such county shall have authority to conduct elections in any and all counties in which any part of such municipality may lie."
Section 4. Said title is further amended by striking paragraphs (1) and (2) of subsection (c) of Code Section 21-2-131, relating to qualifying fees, and inserting in their place new paragraphs (1) and (2), respectively, to read as follows:
"(1) Fees paid to the county political party: 50 percent to be retained by the county political party with which the candidate qualified; 50 percent to be transmitted to the su perintendent of the county with the party's certified list of candidates not later than 12:00 noon of the fifth day after the deadline for qualifying in the case of a general primary and by 12:00 Noon of the day following the closing of qualifications in the case of a special primary. Such fees shall be transmitted as soon as practicable by the superintendent to the governing authority of the county, to be applied toward the cost of the primary election;
(2) Fees paid to the state political party: 50 percent to be retained by the state political party; 50 percent to be transmitted to the Secretary of State with the party's certified list of candidates not later than 12:00 Noon of the fifth day after the deadline for qualifying in the case of a general primary and by 12:00 Noon of the day following the closing of qualifica tions in the case of a special primary. Such fees shall be transmitted as soon as practicable by the Secretary of State as follows: one-third to the state treasury and two-thirds to the governing authority of the county or counties in the district in which the candidate runs, such fees to be applied toward the cost of holding the primary and election. If the office sought by the candidate is filled by the vote of electors of more than one county, such fee shall be divided among the counties involved in proportion to the vote cast by each county in the preceding presidential election;"
Section 5. Said title is further amended by striking subsection (c) of Code Section 21-2132, relating to filing notices of candidacy, and inserting in its place a new subsection (c) to read as follows:
"(c) All other candidates shall file their notice of candidacy and pay the prescribed qualifying fee by the date prescribed in this Code section in order to be eligible to have their names placed on the election ballot by the Secretary of State or election superintendent, as the case may be, in the following manner:
(1) Each candidate for federal or state office, or his agent, desiring to have his name placed on the election ballot shall file a notice of his candidacy, giving his name, residence address, and the office he is seeking, in the office of the Secretary of State no earlier than 9:00 A.M. on the fourth Wednesday in May and no later than 12:00 Noon on the second Friday following the fourth Wednesday in May in the case of a general election and no earlier than the date of the call of the election and no later than 25 days prior to the elec tion in the case of a special election;
(2) Each candidate for a county office, or his agent, desiring to have his name placed on the election ballot shall file notice of his candidacy in the office of the superintendent of his county no earlier than 9:00 A.M. on the fourth Wednesday in May and no later than 12:00

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Noon on the second Friday following the fourth Wednesday in May in the case of a general election and no earlier than the date of the call of the election and no later than 25 days prior to the election in the case of a special election."
Section 6. Said title is further amended by striking Code Section 21-2-133, relating to the giving of notice of intent of candidacy by write-in candidates, and inserting in its place a new Code Section 21-2-133 to read as follows:
"21-2-133. (a) No person elected on a write-in vote shall be eligible to hold office unless notice of his intention of candidacy was given 20 or more days prior to the election by the person to be a write-in candidate or by some other person or group of persons qualified to vote in the subject election, as follows:
(1) In a state general or special election, to the Secretary of State and by publication in a paper of general circulation in the state; or
(2) In a general or special election of county officers, to the superintendent of elections in the county in which he is to be a candidate and by publication in the official organ of the same county.
(b) The Secretary of State shall certify to the election superintendent of each county affected at least ten days prior to the general or special election the names of all persons who have filed notices of intention to be write-in candidates with the Secretary of State."
Section 7. Said title is further amended by striking subsection (d) of Code Section 21-2134, relating to the filling of vacancies in party nominations caused by the death or disquali fication of candidates, and inserting in its place a new subsection (d) to read as follows:
"(d) If the death or disqualification of a candidate after nomination for any public of fice, except an office filled by a nonpartisan primary, would at the time of such event result in there being no candidate for that office on the ballot in the general election, then the vacancy shall be filled by a special primary which shall be open only to the party of such deceased or disqualified candidate and the office shall be filled by a special election as pro vided in Code Section 21-2-540."
Section 8. Said title is further amended by striking subsection (c) of Code Section 21-2153, relating to qualification of candidates for party nomination in a primary, and inserting in its place a new subsection (c) to read as follows:
"(c) In the case of a general primary, the candidates shall commence qualifying at 9:00 A.M. on the fourth Wednesday in May and shall cease qualifying at 12:00 Noon on the second Friday following the fourth Wednesday in May. In the case of a special primary, the candidate shall qualify at least 15 days prior to the date of such primary."
Section 9. Said title is further amended by striking Code Section 21-2-187, relating to the holding of political body conventions, and inserting in its place a new Code Section 212-187 to read as follows:
"21-2-187. Political bodies shall hold their conventions in accordance with Code Section 21-2-172 and candidates nominated for state-wide public office in convention shall file a notice of candidacy no earlier than 9:00 A.M. on the fourth Wednesday in May and no later than 12:00 Noon on the second Friday following the fourth Wednesday in May as prescribed in Code Section 21-2-132; provided, however, that the political body must file its qualifying petition no later than the first Tuesday in August following the convention as prescribed in Code Section 21-2-185 in order to qualify its candidates to be listed on the general election ballot."
Section 10. Said title is further amended by striking Code Section 21-2-193, relating to selection of candidates for office of the President of the United States to appear on ballots, and inserting in its place a new Code Section 21-2-193 to read as follows:
"21-2-193. (a) The name of any candidate for a political party or body nomination for the office of President of the United States shall be printed upon the ballot used in such primary upon the direction of a presidential candidate selection committee composed of a

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nonvoting chairman who shall be the Secretary of State, and the Speaker of the House of Representatives, the majority leader of the Senate, the minority leaders of both the House and Senate, and the chairmen of the political parties and bodies who conduct a presidential preference primary pursuant to Code Section 21-2-191. The Secretary of State, during the first week in December of the year preceding the year in which a presidential preference primary is held, shall prepare and publish a list of names of potential presidential candi dates who are generally advocated or recognized in news media throughout the United States as aspirants for that office and who are members of a political party or body which will conduct a presidential preference primary in this state; provided, however, that the Secretary of State shall not include on such list the name of any potential presidential can didate who, if elected to the office of President of the United States, would be ineligible under the Constitution and laws of the United States to serve in such elected office. The Secretary of State shall submit such list of names of potential presidential candidates to the selection committee during the second week in December of the year preceding the year in which a presidential preference primary is held. The selection committee shall meet in At lanta during the third week in December of the year preceding the year in which a presiden tial preference primary is held, on a date publicly announced by the chairman. Each person designated by the Secretary of State as a presidential candidate shall appear upon the ballot of the appropriate political party or body unless all committee members of the same politi cal party or body as the candidate agree to delete such candidate's name from the ballot. The selection committee shall publicly announce and submit the names of presidential can didates who shall appear on the presidential primary ballot to the Secretary of State no later than the end of the fourth week of December of the year preceding the year a presi dential preference primary is held. Not later than January 1 of each year in which a presi dential preference primary is held, the Secretary of State shall notify each potential presidentail candidate designated by the committee for inclusion on the primary ballot. Such notification shall be in writing by registered or certified mail with return receipt requested.
(b) Any presidential candidate whose name is not selected by the Secretary of State or whose name is deleted by the selection committee may request, in writing, to the chairman of the selection committee, prior to January 6 of each year in which a presidential prefer ence primary is held, that his name be placed on the ballot. Not earlier than January 6, nor later than January 10, the Secretary of State shall convene the committee to consider such requests; provided, however, that the committee shall not consider any request to place the name of any potential presidential candidate on the ballot if such potential presidential candidate, if elected to the office of President of the United States, would be ineligible. If any member of the selection committee of the same political party or body as the candidate requests that such candidate's name be placed on the ballot, the committee shall direct the Secretary of State to place the candidate's name on the ballot. Within five days after such meeting, the Secretary of State shall notify the potential presidential candidate whether or not his name will appear on the ballot."
Section 11. Said title is further amended by striking Code Section 21-2-194, relating to procedures for withdrawal of certain candidates, and inserting in its place a new Code Sec tion 21-2-194 to read as follows:
"21-2-194. A candidate's name shall be printed on the appropriate primary ballot unless he submits to the Secretary of State by 12:00 Noon, January 15, in each year in which a presidential preference primary is held, an affidavit stating without qualification that he is not now and does not presently intend to become a candidate for the office of President of the United States at the upcoming nominating convention of his political party or body. If a candidate withdraws pursuant to this Code section, the Secretary of State shall notify the state executive committee of the political party or body of such candidate that the candi date's name will not be placed on the ballot."
Section 12. Said title is further amended by striking Code Section 21-2-228, relating to

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registration of persons to vote in special primaries and elections, and inserting in its place a new Code Section 21-2-228 to read as follows:
"21-2-228. Any person who has registered for a general primary or election, if otherwise qualified to vote at any special primary or election occurring before the next November election, shall be listed and entitled to vote at such special primary or election. At the close of the registrars' business on the fifth day, if such date is a Saturday, Sunday, or a legal holiday, then on the next following business day, after the call of such special primary or election, the registrars shall cease taking applications from persons desiring to register to vote therein and proceed to examine the qualifications of the applicants in the same manner as provided in this article with reference to applicants desiring to qualify to vote in Novem ber elections, except when a special primary or special election is held at the same time as the general primary, the registration deadline for the special primary or special election shall be the same as the general primary, and when a special primary or special election is held at the same time as the general election, the registration deadline for the special pri mary or special election shall be the same as the general election. The registrars shall then prepare a supplemental list showing the names of additional electors who are entitled to vote at such special primary or election, and any person whose name appears on such list may vote at such special primary or election, subject to the limitations prescribed in the proviso contained in the first sentence of Code Section 21-2-235; but the registrars shall purge such list, before filing it, of all persons who will not be qualified to vote, in the same manner as provided with reference to the list for a November election. A certified list so prepared, arranged alphabetically, and divided according to precincts as in the case of No vember election lists shall be filed with the clerk of the superior court and the Secretary of State within ten days after the call of such special primary or election. The registrars shall determine and place on the official electors list each elector's proper congressional district, state Senate district, state house district, county commissioner district, if any, and county school board district, if any, and, if the county maintains the electors list for municipalities within the county, the registrar shall also determine the property city commission, city council, or other such municipal district for all electors residing in such municipalities. It shall be the duty of the registrars upon the call of a special primary or election to purge the list of electors prepared for the last November election of any names subsequently disquali fied for any reason and to furnish the poll officers of such special primary or election two lists, one composed of the names of electors entitled to vote by reason of their resignation for the last November election and the other made up of the names of those entitled to vote by reason of their subsequent registration as provided in Code Section 21-2-227, subject to the limitations prescribed in the proviso contained in the first sentence of Code Section 212-235. No one shall be entitled to vote in such special primary or election unless his name is on one of the lists furnished by the registrars. The registrars may combine such lists."
Section 13. Said title is further amended by striking subsection (b) of Code Section 212-286, relating to printing, numbering, and binding of ballots, and inserting in its place a new subsection (b) to read as follows:
"(b) Ballots shall be at least six inches long and four inches wide and shall have a margin extending beyond any printing thereon. They shall be printed with the same kind of type, which shall not be smaller than the size known as 'brevier' or 'eight point body,' upon white paper of uniform quality, without any impression or mark to distinguish one from another, and with sufficient thickness to prevent the printed matter from showing through, except that ballots being used in primaries held by more than one party may be of different colors if the parties so agree. Each ballot shall be attached to a name stub, and all the ballots for the same precinct shall be bound together in books of 25, 50, or 100, in such manner that each ballot may be detached from its stub and removed separately. The ballots for each party to be used at a primary shall be bound separately. The name stubs of the ballots shall be consecutively numbered; and, in the case of primary ballots, the number shall be preceded by an initial or abbreviation designating the party name. The number and initial or abbreviation which appears upon the stub shall also be printed in the upper por tion of the front of the ballot, separated from the remainder of the ballot by a horizontal

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perforated line so as to constitute a number strip and so prepared that the upper portion of the front of the ballot containing the number may be detached from the ballot before it is deposited in the ballot box. The number strip on the ballot shall also have the following words printed thereon: 'Tear off before depositing ballot in ballot box.'"
Section 14. Said title is further amended by striking subsection (a) of Code Section 212-381, relating to application, for absentee ballots, and inserting in its place a new subsec tion (a) to read as follows:
"(a) (1) Not more than 180 days prior to the date of the primary or election, or runoff of either, in which the elector desires to vote, any absentee elector may make, either by mail or in person in the registrar's office, an application to the board of registrars of the county of the elector's residence, for an official ballot of the elector's precinct to be voted at such primary, election, or runoff. In the case of an elector residing temporarily out of the county or a physically disabled elector residing within the county, the application for the elector's absentee ballot may, upon satisfactory proof of relationship, be made by his mother, father, grandparent, aunt, uncle, sister, brother, spouse, son, daughter, mother-in-law, father-inlaw, brother-in-law, or sister-in-law, of the age of 18 or over. The application shall be in writing and shall contain sufficient information for proper identification of the elector; the permanent or temporary address of the elector to which the absentee ballot shall be mailed; the identity of the primary, election, or runoff in which the elector wishes to vote; the reason for requesting the absentee ballot; and the name and relationship of the person requesting the ballot if other than the elector. Except in the case of physically disabled electors resid ing in the county, no absentee ballot shall be mailed to an address other than the perma nent or temporary out-of-county address of the elector. Relatives applying for absentee bal lots for electors must also sign an oath stating that facts in the application are true. If the elector is unable to fill out or sign his own application because of illiteracy or physical disa bility, the elector shall make his mark, and the person filling in the rest of the application shall sign his name below it as a witness; provided, however, that one timely and proper application for an absentee ballot for use in a primary shall be sufficient to require the sending or delivery to an eligible absentee elector who lives outside the county in which the election is held and is also a member of the armed forces of the United States, a member of the merchants marine of the United States, or a spouse or dependent of a member of the armed forces or the merchant marine residing with or accompanying said member or over seas citizen an absentee ballot for such primary as well as for any runoffs resulting there from and for the election for which such primary shall nominate candidates. Further, such application for an absentee ballot to be used in any election shall be sufficient to require the sending and delivery of an absentee ballot for any runoffs resulting from such election. In any event, a separate and distinct application for an absentee ballot shall be required for the presidential preference primary held pursuant to Article 5 of this chapter and for any special election or special primary.
(2) A properly executed registration card submitted under the provisions of subparagraph (b)(2)(A) of Code Section 21-2-217, if submitted within 180 days of a primary or election in which the registrant is entitled to vote, shall be considered to be an application for an absentee ballot under this Code section, or for a special absentee ballot under Code Section 21-2-381.1, as appropriate."
Section 15. Said title is further amended by striking subsection (a) of Code Section 212-381.1, relating to procedures for voting with special write-in absentee ballots, and in serting in its place a new subsection (a) to read as follows:
"(a) Notwithstanding any other provisions of this chapter, a qualified absentee elector, as defined in Code Section 21-2-380, may apply not earlier than 180 days before an election for a special write-in absentee ballot. This ballot shall be for presidential electors and United States senator or representative in Congress."
Section 16. Said title is further amended by striking subsection (a) of Code Section 21-

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2-402, relating to preparation of voter's certificates by the Secretary of State and inserting in its place a new subsection (a) to read as follows:
"(a) At each primary and election, the Secretary of State shall prepare and furnish to each county a suitable number of voter's certificates which shall be in substantially the fol lowing form:
VOTER'S CERTIFICATE
I hereby certify that I am qualified to vote at the (Primary or Election) held on 19___, and that I have not and will not vote elsewhere in this (Primary or
Election) in my own name or in any other name. I understand that making a false statement on this Certificate is a felony under Code Section 21-2-562.

SignatureCurrent Address of Elector:________________
Name or initials of poll officer receiving voter's certificate:In case of physical disability or illiteracy, fill out the following: I hereby certify that the voter is unable to sign his or her name by reason of the following:___________________________________________________

Signature of poll officer
Number of stub of ballot or number of admission to voting machine:_________"
Section 17. Said title is further amended by striking subsection (a) of Code Section 212-438, relating to certain marks or mutilations which render ballots void, and inserting in its place a new subsection (a) to read as follows:
"(a) Any ballot marked so as to identify the voter shall be void and not counted, except a ballot cast by a challenged elector whose name appears on the electors list: such chal lenged vote shall be counted as prima facie valid but may be voided in the event of an election contest. Any ballot marked by anything but pen or pencil shall be void and not counted. Any erasure, mutilation, or defect in the vote for any candidate shall render void the vote for such candidate, but shall not invalidate the votes cast on the remainder of the ballot, if otherwise property marked. If an elector shall mark his ballot for more persons for any nomination or office than there are candidates to be voted for such nomination or office, or if, for any reason, it may be impossible to determine his choice for any nomination or office, his ballot shall not be counted for such nomination or office; but the ballot shall be counted for all nominations or offices for which it is properly marked. Ballots not marked, or improperly or defectively marked, so that the whole ballot is void, shall be set aside and shall be preserved with the other ballots. In primaries, votes cast for candidates who have died, withdrawn, or been disqualified shall be void and shall not be counted. In elections, votes for candidates who have died or been disqualified shall be void and shall not be counted."
Section 18. Said title is further amended by adding a new subsection at the end of Code Section 21-2-452, relating to voting procedures generally, to be designated subsection (h), to read as follows:
"(h) The superintendent shall make paper ballots available for handicapped electors who, due to their handicap, are unable to vote on a voting machine. Absentee ballots may be

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used for this purpose. The superintendent shall provide sufficient accommodations to per mit such handicapped elector to vote in private."
Section 19. Said title is further amended by striking subsection (d) of Code Section 212-527, relating to pronouncement of judgment in election contests, and inserting in its place a new subsection (d) to read as follows:
"(d) Whenever the court trying a contest shall determine that the primary or election is so defective as to the nomination, office, or eligibility in contest as to place in doubt the result of the entire primary or election for such nomination, office, or eligibility, such court shall declare the primary or election to be invalid with regard to such nomination, office, or eligibility and shall call for a second primary or election to be conducted among the same candidates who participated in the original primary or election to fill such nomination or office."
Section 20. Said title is further amended by striking subsection (d) of Code Section 213-3, relating to qualifications of candidates for municipal office, and inserting in its place a new subsection (d) to read as follows:
"(d) The elector filing the challenge or the candidate challenged shall have the right to appeal the decision of the superintendent by filing a petition in the superior court of the county in which the candidate resides within ten days after the entry of the final decision by the superintendent. The filing of the petition shall not itself stay the decision of the super intendent; however, the reviewing court may order a stay upon appropriate terms for good cause shown. As soon as possible after service of the petition, the superintendent shall transmit the original or a certified copy of the entire record of the proceedings under review to the reviewing court. The review shall be conducted by the court without a jury and shall be confined to the record. The court shall not substitute its judgment for that of the super intendent as to the weight of the evidence on questions of fact. The court may affirm the decision or remand the case for further proceedings. The court may reverse or modify the decision if substantial rights of the appellant have been prejudiced because the findings, inferences, conclusions, or decisions of the superintendent are:
(1) In violation of the Constitution or laws of this state;
(2) In excess of the statutory authority of the superintendent;
(3) Made upon unlawful procedures;
(4) Affected by other error of law;
(5) Clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or
(6) Arbitrary or capricious or characterized by an abuse of discretion or clearly unwar ranted exercise of discretion.
An aggrieved party may obtain a review of any final judgment of the superior court by the Court of Appeals or the Supreme Court, as provided by law."
Section 21. Said title is further amended by striking subsection (a) of Code Section 213-10, relating to authorization of certain counties to conduct certain municipal elections, and inserting in its place a new subsection (a) to read as follows:
"(a) The governing authority of any municipality may authorize any county which that municipality wholly or partially lies to conduct any or all elections held pursuant to this chapter. In the event a municipality shall by ordinance authorize such county to conduct elections, such municipality may request such county to perform any or all of the functions:
(1) That the county shall perform all duties as superintendent of elections as specified under this chapter;
(2) That the county shall perform all duties as superintendent of elections as specified under this chapter, with the exception of the qualification of candidates; or

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(3) That the county shall lease or loan any or all of its election equipment to the munic ipality for the purpose of conducting municipal elections without any responsibility on the part of the county for the actual conduct of the municipal election.
With reference to any election, such municipality shall pay such county all costs incurred in performing those functions which the municipality has requested the county to perform; and, unless otherwise authorized, such county shall only perform those functions specifically enumerated in the contract. Such county shall have authority to conduct elections in any and all counties in which any part of such municipality may lie."
Section 22. Said title is further amended by striking Code Section 21-3-126, relating to deadlines for receiving certain municipal registration applications, and inserting in its place a new Code Section 21-3-126 to read as follows:
"21-3-126. (a) Registration for municipalities electing to use county registration lists shall be as follows:
(1) The county registrar shall cease taking applications for registration from persons desiring to vote in municipal primaries or elections 30 days prior to such primary or election;
(2) The county registrar shall cease taking applications for registration from persons desiring to vote in a special primary or election on the close of the registrars' business on the fifth day after the call of such special primary or election or if such date is a Saturday, Sunday, or a legal holiday, then on the next following business day, except when a special primary or special election is held at the same time as the general primary, the registration deadline for the special primary or special election shall be the same as the general primary, and when a special primary or special election is held at the same time as the general elec tion, the registration deadline for the special primary or special election shall be the same as the general election; and
(3) The municipal registrar shall, upon receipt of the county registration list, or as soon as practicable thereafter but in no event later than three days prior to such primary or election, purge such list of the names of all persons who will not be qualified to vote at such primary or election. The registrar shall certify the list and file with the city clerk a copy showing the names of electors entitled to vote at such primary or election. Any person whose name appears upon such list may vote at such primary or election, subject to the limitations prescribed in the proviso contained in the first sentence of Code Section 21-3136.
(b) Registration for municipalities maintaining their own registration lists shall be as follows:
(1) If any person whose name is not on the municipal registration list desires to vote at any primary or election, he shall, at least 15 days prior to the primary or election at which he desires to vote, or at such other time as designated by charter or ordinance, apply to be registered as an elector. The registrar shall, at least 15 days but not more than 50 days prior to such primary or election, cease taking applications to qualify persons to vote in such primary or election;
(2) Any person who has registered for a general municipal primary or election, if other wise qualified to vote at any special primary or election occurring before the next general election, shall be listed and entitled to vote at such special primary or election. At the close of the registrars' business on the fifth day or if such date is a Saturday, Sunday, or a legal holiday, then on the next following business day, after the call of such special primary or election, the registrars shall cease taking applications from persons desiring to register to vote therein, except when a special primary is held at the same time as the general primary, the registration deadline for the special primary shall be the same as the general primary, and when a special election is held at the same time as the general election, the registration deadline for the special election shall be the same as the general election; and
(3) The registrar shall, no later than three days prior to such primary or election, pass

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upon the electors' qualifications and file with the city clerk a certified list showing the names of those electors entitled to vote at such primary or election. Any person whose name appears upon such list may vote at such primary or election, subject to the limitations pre scribed in the proviso contained in the first sentence of Code Section 21-3-136. Before filing such list, the registrars shall purge it of the names of all persons who will not be qualified to vote at such primary or election."
Section 23. Said title is further amended by striking subsection (a) of Code Section 213-188, relating to printing, numbering, and binding of municipal ballots, and inserting in its place a new subsection (a) to read as follows:
"(a) Ballots shall be at least six inches long and four inches wide and shall have a margin extending beyond any printing thereon. They shall be printed with the same kind of type, which shall not be smaller than the size known as 'brevier' or 'eight point body,' upon white paper of uniform quality, without any impression or mark to distinguish one from another, and with sufficient thickness to prevent the printed matter from showing through, except that ballots being used in primaries held by more than one party may be of different colors if the parties so agree. Each ballot shall be attached to a name stub, and all the ballots for the same precinct shall be bound together in books of 25, 50, or 100, in such manner that each ballot may be detached from its stub and removed separately. The ballots for each party to be used at a primary shall be bound separately. The name stubs of the ballots shall be consecutively numbered; and, in the case of primary ballots, the number shall be preceded by an initial or abbreviation designating the party name. The number and initial or abbreviation which appears upon the stub shall also be printed in the upper por tion of the front of the ballot, separated from the remainder of the ballot by a horizontal, perforated line so as to constitute a number strip, and so prepared that the upper portion of the front of the ballot containing the number may be detached from the ballot before it is deposited in the ballot box. The number strip on the ballot shall also have the following words printed thereon: 'Tear off before depositing ballot in ballot box.' "
Section 24. Said title is further amended by striking subsection (a) of Code Section 213-311, relating to preparation of voter's certificates by municipal superintendents, and in serting in its place a new subsection (a) to read as follows:
"(a) At each primary and election, each superintendent shall prepare a suitable number of voter's certificates, which shall be in substantially the following form:
VOTER'S CERTIFICATE
I hereby certify that I am qualified to vote in the (primary or election) held on 19___, and that I have not and will not vote elsewhere in this (primary or
election).
Signature-
Current address of elector:.

Name or initials of poll officer receiving voter's certificate:_
In case of physical disability or illiteracy, fill out the following:
I hereby certify that the voter is unable to sign his or her name by reason of the following:_________________________________________________

Signature of poll officer Number of stub of ballot or number of admission to voting machine:_________"

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Section 25. Said title is further amended by striking subsection (b) of Code Section 213-346, relating to procedures for counting and returning votes, and inserting in its place a new subsection (b) to read as follows:
"(b) Any ballot marked so as to identify the voter shall be void and not counted, except a ballot cast by a challenged elector whose name appears on the electors list; such chal lenged vote shall be counted as prima facie valid but may be voided in the event of an election contest. Any ballot marked by anything but pen or pencil shall be void and not counted. Any erasure, mutilation, or defect in the vote for any candidate shall render void the vote for such candidate but shall not invalidate the votes cast on the remainder of the ballot, if otherwise properly marked. If an elector shall mark his ballot for more persons for any nomination or office than there are candidates to be voted for such nomination or office, or if, for any reason, it may be impossible to determine his choice for any nomination or office, his ballot shall not be counted for such nomination or office; but the ballot shall be counted for all nominations or offices for which it is properly marked. Unmarked ballots, or ballots improperly or defectively marked so that the whole ballot is void shall be set aside and shall be preserved with other ballots. In primaries, votes cast for candidates who have died, withdrawn, or been disqualified shall be void and shall not be counted. In elections, votes for candidates who have died or been disqualified shall be void and shall not be counted."
Section 26. Said title is further amended by adding a new subsection at the end of Code Section 21-3-362, relating to municipal voting procedures generally, to be designated subsec tion (g), to read as follows:
"(g) The superintendent shall make paper ballots available for handicapped electors who, due to their handicap, are unable to vote on a voting machine. Absentee ballots may be used for this purpose. The superintendent shall provide sufficient accommodations to per mit such handicapped elector to vote in private."
Section 27. All laws and parts of laws in conflict with this Act are repealed.

Senator Kidd of the 25th moved that the Senate adopt the Conference Committee re port on HB 185.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Brannon Bryant Burton Coleman Crumbley Dawkins Deal Dean

English Engram Fincher Foster Garner Gillis Harris Howard Hudgins Kidd Land

Langford McGill McKenzie Peevy Ray Scott of 36th Shumake Starr Tate Turner Walker

Those voting in the negative were Senators:

Coverdell Edge Harrison

Hine Newbill Phillips

Stumbaugh Tolleson Tysinger

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Those not voting were Senators:

Barker Barnes Broun of 46th Brown of 47th (excused)

Echols Muggins Kennedy (presiding) Olmstead

Perry Ragan Scott of 2nd Timmons

On the motion, the yeas were 33, nays 9; the motion prevailed, and the Senate adopted the Conference Committee report on HB 185.

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 Conference Committee report on SB 27 was as follows:

The Committee of Conference on SB 27 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 27 be adopted.

Respectfully submitted,

FOR THE SENATE:
/a/ Culver Kidd Senator, 25th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Claude A. Bray, Jr. Representative, 91st District

/s/ Floyd Hudgins Senator, 15th District

/s/ Bob Holmes Representative, 28th District

/s/ Gene Walker Senator, 43rd District

/s/ Ronald W. Pittman Representative, 60th District

Conference Committee 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 provide that no person shall be authorized to circulate, sponsor, or sign an application for a recall petition unless such person is an elector or sponsor as defined in Code Section 21-4-3; to change certain provisions relating to the required contents of such applications; to provide that applications for recall petitions shall be numbered and shall state the reasons advanced by the sponsors for support of the recall; to require election superintendents to maintain records of applications for recall petitions; to provide time lim itations on when applications for recall petitions may be accepted for verification; to provide additional authority to the election superintendent to facilitate the verification of applica tions for recall petitions and recall petitions; to change the provisions relating to the form and required contents of the recall petition; to provide that no recall petition shall be circu lated or signed by any person in any location where alcoholic beverages are sold or served; to clarify certain provisions relating to the nullification of signatures on applications for recall petitions and recall petitions; to change the provisions relating to the determination by the election superintendent of the legal sufficiency of a recall petition; 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

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during which a recall petition will be accepted; to provide for the filing of subsequent appli cations for recall petitions against an officer following the filing of an insufficient recall peti tion against such officer; 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 provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 4 of Title 21 of the Official Code of Georgia Annotated, known as the "Public Officers Recall Act," is amended by striking Code Section 21-4-3, relating to defini tions under the "Public Officers Recall Act," and inserting in its place 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 any elected state officers, the Secretary of State;
(B) In the case of any 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 any 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 circulate or file an applica tion for a recall petition who were registered and eligible to vote in the last general or spe cial 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 subsections (a), (b), and (f) of Code Section 21-4-5, relating to applications for recall petitions, and inserting in their place new subsections (a), (b), and (f), respectively, to read as follows:
"(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. No person shall be authorized to circulate, sponsor, or sign such application unless such person is an elector or sponsor as defined in Code Section 21-4-3."
"(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;
(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;
(D) The specific reason or reasons advanced by the sponsors for support of the recall.

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Such reason or reasons shall be limited to not more than six lines on the application and shall be typed, printed, or reproduced by the election superintendent on the face of each application issued; and
(E) An affidavit that each person circulating, sponsoring, or signing such recall applica tion is an elector of the electoral district of the officer sought to be recalled.
(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."
"(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."
Section 3. Said chapter is further amended by adding a new subsection at the end of Code Section 21-4-6, relating to the form of recall petitions, to be designated subsection (c), to read as follows:
"(c) Each recall petition shall contain a statement specifically designating the name and office of the official sought to be recalled and a statement of not more than six lines on such petition of the reasons for such recall. Such statements shall be the same statements as provided for on the application for such recall petition. Such statements shall be written or printed on each petition and each signer must read, or be read, such statements."
Section 4. Said chapter is further amended by striking subsection (a) of Code Section 21-4-7, relating to circulating and signing recall petitions, and inserting in its place a new subsection (a) to read as follows:
"(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 circulated in more than one county, each sheet of the petition shall bear the name of the county in which it is circulated, and only electors of the designated county may sign such sheet. No recall petition shall be circulated or signed by any person in any location where alcoholic beverages are sold or served."
Section 5. Said chapter is further amended by striking Code Section 21-4-10, relating to the legal sufficiency of a recall petition, and inserting in its place a new Code Section 21-410 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 it has been submitted to him; provided,

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however, that in cases where more than one recall petition is subject to review for verifica tion, the election superintendent shall be responsible for determining the legal sufficiency of any recall petition within 45 days after it has been submitted to him. The election superin tendent or his designee is granted unrestricted authority to examine 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 recall petition for the purpose of determin ing if the signers are qualified electors eligible to sign the recall petition. If the election superintendent shall not be reasonably able to ascertain that any signature is that of a qual ified elector eligible to sign the recall petition, such signature shall not be counted in deter mining whether the petition contains a sufficient number of signatures as required by law. The nullification of a signature on any sheet of the recall petition shall not affect the valid ity of other signatures contained on such sheets.
(b) A recall petition shall not be accepted for verification for:
(1) Any state-wide office if more than 90 days have elapsed since the date the official recall petition forms were issued to the sponsors;
(2) Any officer other than the officers provided for in paragraph (1) or (3) of this subsec tion whose electoral district encompasses only a part of the state if more than 45 days have elapsed since the date the official recall petition forms were issued to the sponsor; or
(3) Any officer whose electoral district encompasses a county or municipality or who is elected solely by the electors of an electoral district within a county or municipality if more than 30 days have elapsed since the date the official recall petition forms were issued to the sponsors.
(c) No recall petition shall be amended, supplemented, or returned after it has been accepted by the election superintendent for verification.
(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.
(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 6. Said chapter is further amended by striking Code Section 21-4-13, relating to the filing of subsequent recall petitions against officers following recall elections, and in serting in its place 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 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 7. Said chapter is further amended by striking Code Section 21-4-15, relating to campaign and financial disclosure requirements with respect to recall petitions, and in serting in its place a new Code Section 21-4-15 to read as follows:
"21-4-15. Any person sponsoring or opposing a recall petition under this chapter shall be subject to Chapter 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

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chapter and shall be subject to the same restrictions, qualifications, and provisions con tained in such chapter."
Section 8. 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 9. This Act shall become effective on August 31, 1987, and shall apply to the recall of all public officers or officials for whom an application for a recall petition has been filed on or after August 31, 1987.
Section 10. All laws and parts of laws in conflict with this Act are repealed.

Senator Kidd of the 25th moved that the Senate adopt the Conference Committee re port on SB 27.

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 Brannon Bryant Burton Coleman Coverdell Crumbley Dawkins Dean Echols

Engram Fincher Foster Garner Gillis Harris Harrison Hine Hudgins Huggins Kidd Land Langford McGill

McKenzie Newbill Olmstead Peevy Perry Phillips Ragan Ray Scott of 2nd Scott of 36th Tate Tolleson Turner Walker

Those voting in the negative were Senators:

Deal

Howard

Edge

Shumake

Stumbaugh Tysinger

Those not voting were Senators:

Bowen Broun of 46th Brown of 47th (excused)

English Kennedy (presiding)

Starr Timmons

On the motion, the yeas were 42, nays 6; the motion prevailed, and the Senate adopted the Conference Committee report on SB 27.

The following bills of the House were taken up for the purpose of considering the House action thereon:

HB 541. By Representative Athon of the 57th:
A bill to amend Article 6 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to anatomical gifts, so as to provide that a bank or storage facility must be licensed, accredited, or approved under the laws of this state; to

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provide that a hospital shall maintain a written cooperative agreement with at least one bank or storage facility for the purpose of procuring anatomical gifts.
Senator Howard of the 42nd moved that the Senate insist upon the Senate amendment to HB 541.
On the motion, the yeas were 30, nays 0; the motion prevailed, and the Senate insisted upon the Senate amendment to HB 541.
HB 917. By Representatives Childs of the 53rd, Richardson of the 52nd, Steinberg of the 46th and others: A bill to amend an Act providing a supplement to the compensation, expenses, and allowances of the judges of the superior court of the Stone Mountain Judicial Circuit, so as to change the amount of such supplement.
Senator Stumbaugh of the 55th moved that the Senate insist upon the Senate amend ment to HB 917.
On the motion, the yeas were 31, nays 0; the motion prevailed, and the Senate insisted upon the Senate amendment to HB 917.
The following local bill of the Senate was taken up for the purpose of considering the House substitute thereto:
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.
The House substitute to SB 382 was as follows:
A BILL
To be entitled an Act to amend an Act creating a new charter for the City of Powder Springs, approved March 13, 1970 (Ga. L. 1970, p. 2760), as amended, so as to provide a new charter for the City of Powder Springs; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, author ity, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority; to provide for conflicts of interest and holding other offices; to provide for inquiries and investigations; to provide for organization and procedures; to provide for emergencies; to provide for ordi nances and codes; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for a city manager, his duties, and compensation; to pro vide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, and other personnel; to provide for position classification and pay plans; to provide for rules and regulations; to provide for personnel policies; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for taxation and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for ac counting and budgeting; to provide for purchases; to provide for the sale of property; to provide for bonds for officials; to provide for eminent domain; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the forego ing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating a new charter for the City of Powder Springs, approved March 13, 1970 (Ga. L. 1970, p. 2760), as amended, is amended by striking Sections 1.01 through 8.01 in their entirety and inserting in lieu thereof the following:

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"ARTICLE I
INCORPORATION AND POWERS
Section 1.10. Incorporation. This city and the inhabitants thereof are constituted and declared a body politic and corporate under the name and style City of Powder Springs, Georgia, and by that name shall have perpetual succession.
Section 1.11. Corporate boundaries, (a) The boundaries of this city shall be those ex isting on the effective date of the adoption of this charter and the following described territory:
'TRACT NO. I
All that tract or parcel of land lying and being in land lots 946 and 979 of the 19th District, 2nd Section, Cobb County, Georgia. Being lands within the right-of-way of U.S. 278 and Old Austell Road, and being more particularly described as follows:
Beginning at the present City of Powder Springs limit, where the east right-of-way of U.S. 278 and the north right-of-way of Sharon Drive intersect; thence running south along the east right-of-way of U.S. 278 a distance of 1,021 feet more or less to the south west corner of property owned by David and Linda Parson; thence at a right angle and across U.S. 278 to the west right-of-way a distance of 50 feet; thence north along the west right-ofway of U.S. 278 a distance of 732 feet more or less to the intersection of the west right-ofway of U.S. 278 and Old Austell Road; thence running north westerly along the southwest right-of-way of Old Austell Road 298 feet more or less to the present city limits and the property now or formerly owned by Wesley Huffman; thence at a right angle and across Old Austell Road 40 feet to the northeast right-of-way; thence southeast 147 feet more or less to the intersection of the northeast right-of-way of Old Austell Road and the west right-of-way of U.S. 278; thence north 110 feet more or less along the west right-of-way of U.S. 278 to the present city limits; thence at a right angle 70 feet to the intersection of the east right-of-way of U.S. 278 and the north right-of-way of Sharon Drive and the point of beginning.
TRACT NO. II
All that tract or parcel of land lying and being in land lots 979 and 980, 19th District, 2nd Section, Cobb County, Georgia and being more particularly described as follows:
Beginning at a point formed by the intersection of the northeasterly right-of-way of the Dallas Highway also known as U.S. Highway No. 278 and State Highway No. 6 and the north line of Land Lot 979; running thence 85 degrees 42 minutes 13 seconds East a dis tance of 225.83 feet to an iron pin found at the intersection of Land Lots 946, 945, 979 and 980; running thence South 89 degrees 33 minutes 47 seconds East a distance of 40.64 feet to an iron pin; running thence North 89 degrees 25 minutes 24 seconds East a distance of 754.21 feet to an iron pin; running thence South 01 degrees 49 minutes 09 seconds East a distance of 213.97 feet to an iron pin on the northerly right-of-way of a proposed road hav ing a 50 foot right-of-way; running thence North 89 degrees 35 minutes 27 seconds West a distance of 652.47 feet to an iron pin; running thence South 76 degrees 06 minutes 26 seconds West a distance of 45.19 feet to an iron pin; running thence North 16 degrees 55 minutes 18 seconds West a distance of 73.98 feet to an iron pin; running thence South 87 degrees 27 minutes 03 seconds West a distance of 171.46 feet to an iron pin; running thence South 74 degrees 14 minutes 55 seconds West a distance of 84.81 feet to an iron pin on the northeasterly right-of-way of the Dallas Highway; running thence North 19 degrees 47 min utes 08 seconds West along the northeasterly right-of-way of the Dallas Highway a distance of 165.50 feet to the point of beginning. Said property containing 4.354 acres.'
(b) Alterations may be made from time to time in the manner provided by law. The boundaries of this city at all times shall be shown on a map to be retained permanently in the office of the city clerk and to be designated: 'Official Map of the Corporate Limits of the City of Powder Springs, Georgia.' Photographic, typed, or other copies of such map certified by the city clerk shall be admitted as evidence in all courts and shall have the same force and effect as with the original map.

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(c) The mayor and city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall super sede for all purposes the entire map or maps which it is designated to replace.
Section 1.12. Powers and construction, (a) This city shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. This city shall have all the powers of self-government not otherwise prohibited by this charter or by general law.
(b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city.
Section 1.13. Examples of powers.
(1) Air and water pollution. To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corpo rate limits of the city;
(2) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punish ment for violation of ordinances enacted under this paragraph;
(3) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of this city;
(4) Building regulations. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air-conditioning codes; and to regulate all housing and building trades;
(5) Business regulation and taxation. To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades, and professions; to license and regulate the same; to provide for the manner and method of payment of such licenses and taxes; and to revoke such licenses after due process for the failure to pay any city taxes or fees;
(6) Condemnation. To condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the gov erning authority, utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other laws as are or may hereafter be enacted;
(7) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations;
(8) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists inside or outside the city and to make and carry out all reasona ble provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city;
(9) Fire regulations. To fix and establish fire limits and from time to time extend, en large, or restrict the same; to prescribe fire safety regulations, not inconsistent with general law relating to both fire prevention and detection and to fire fighting; and to prescribe pen alties and punishment for violations thereof;
(10) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be neces sary in the operation of the city from all individuals, firms, and corporations residing in or doing business within the city and benefiting from such services; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges;

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(11) General health, safety, and welfare. To define, regulate, and prohibit any act, prac tice, conduct, or use of property which is detrimental to the health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards;
(12) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to the powers and duties of the city and the general welfare of its citizens on such terms and conditions as the donor or grantor may impose;
(13) Health and sanitation. To prescribe standards of health and sanitation and to pro vide for the enforcement of such standards;
(14) Jail sentences. To provide that persons given jail sentences in the city's court may work out such sentences in any public works or on the streets, roads, drains, and squares of the city; to provide for the commitment of such persons to any jail; or to provide for the commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials;
(15) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking, upon or across the streets, roads, alleys, and walkways of the city;
(16) Municipal agencies and delegation of power. To create, alter, or abolish depart ments, boards, offices, commissions, and agencies of the city and to confer upon such agen cies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same;
(17) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia;
(18) Municipal property ownership. To acquire, dispose of, and hold in trust or other wise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city;
(19) Municipal property protection. To provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof;
(20) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including, but not limited to, a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regula tions, and penalties therefor; and to provide for the withdrawal of service for refusal or failure to pay the same;
(21) Nuisances. To define a nuisance and provide for its abatement whether on public or private property;
(22) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia;
(23) Planning and zoning. To provide comprehensive city planning for development by zoning and to provide subdivision regulation and the like as the mayor and city council deem necessary and reasonable to ensure a safe, healthy, and esthetically pleasing community;
(24) Police and fire protection. To exercise the power of arrest through duly appointed police officers and to establish, operate, or contract for a police or fire-fighting agency;
(25) Public hazards; removal. To provide for the destruction and removal of any build ing or other structure which is or may become dangerous or detrimental to the public;
(26) Public improvements. To provide for the acquisition, construction, building, opera tion, and maintenance of public ways, parks and playgrounds, recreational facilities, ceme-

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teries, markets and market houses, public buildings, libraries, public housing, airports, hos pitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agen cies, and facilities; to provide for any other public improvements inside or outside the corpo rate limits of the city; to regulate the use of public improvements; and, for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted;
(27) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances;
(28) Public transportation. To organize and operate such public transportation systems as are deemed beneficial;
(29) Public utilities and services. To grant franchises or make contracts for public utili ties and public services and to prescribe the rates, fares, regulations, and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission;
(30) Regulation of roadside areas. To prohibit or regulate and control the erection, re moval, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads or within view thereof, inside or abutting the corporate limits of the city and to prescribe pen alties and punishment for violation of such ordinances;
(31) Retirement. To provide and maintain a retirement plan for officers and employees of the city;
(32) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise im prove, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; and to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities;
(33) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system; to levy on those whom sewers and sewerage systems are made availa ble a sewer service fee, charge, or tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charge and for enforcing payment of the same; and to charge, impose, and collect a sewer connection fee or fees to those connected with the system;
(34) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and provide for the sale of such items;
(35) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of intoxicating liquors, and the use and sale of firearms; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the con duct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind by taxation or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors;
(36) Special assessments. To levy and provide for the collection of special assessments to cover the costs of any public improvements;
(37) Ad valorem taxes. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation;

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(38) Other taxes. To levy and collect such other taxes as may be allowed now or in the future by law;
(39) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles;
(40) Urban redevelopment. To organize and operate an urban redevelopment program; and
(41) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, secur ity, good order, comfort, convenience, or general welfare of the city and its inhabitants; to exercise all implied powers necessary to carry into execution all powers granted in this char ter as fully and completely as if such powers were fully stated in this charter; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.
Section 1.14. Exercise of powers. All powers, functions, rights, privileges, and immuni ties of the city, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia.
ARTICLE II
GOVERNMENT STRUCTURE
Section 2.10. City council creation; number; election. The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a mayor and five councilmembers. The mayor and councilmembers shall be elected in the manner provided by this charter.
Section 2.11. City council terms and qualifications for office. Except as otherwise pro vided in this charter, the mayor and members of the city council shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmember unless he shall have been a resident of the city immediately prior to the date of his election as the mayor or member of the city council; and the mayor or councilmember shall continue to reside therein during his period of service and to be registered and qualified to vote in municipal elections of this city.
Section 2.12. Vacancies; filling of vacancies, (a) The office of mayor or councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia.
(b) A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term, if any, as provided for in this charter.
Section 2.13. Compensation and expenses. The mayor and councilmembers shall receive compensation and expenses for their services as provided by ordinance.
Section 2.14. Conflicts of interest; holding other offices, (a) Conflict of interest. No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly:
(1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of his official duties or which would tend to impair the independence of his judgment or action in the performance of his official duties;

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(2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of his official duties or would tend to impair the independence of his judgment or action in the perform ance of his official duties;
(3) Disclose confidential information concerning the property, government, or affairs of the governmental body by which he is engaged without proper legal authorization or use such information to advance the financial or other private interest of himself or others;
(4) Accept any valuable gift, whether in the form of service, loan, thing, or promise, from any person, firm, or corporation which to his knowledge is interested, directly or indi rectly, in any manner whatsoever, in business dealings with the governmental body by which he is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign;
(5) Represent other private interests in any action or proceeding against this city or any portion of its government; and
(6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which he has financial interest.
(b) Disclosure. Any elected official, appointed officer, or employee who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such private interest to the mayor and city council. The mayor or any councilmember who has a private interest in any matter pending before the mayor and city council shall disclose such private interest and such disclosure shall be entered on the records of the mayor and city council, and he shall disqualify himself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such private interest to the governing body of such agency or entity.
(c) Use of public property. No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit except in accordance with policies promulgated by the mayor and city council or the governing body of such agency or entity.
(d) Contracts voidable and rescindable. Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render such contract or sale voidable at the option of the mayor and city council.
(e) Ineligibility of elected official. Except where authorized by law, neither the mayor nor any councilmember shall hold any other elective or compensated appointive office in the city or otherwise be employed by said government or any agency thereof during the term for which he was elected. No former mayor and no former councilmember shall hold any com pensated appointive office in the city until one year after the expiration of the term for which he was elected.
(f) Political activities of certain officers and employees. No appointive officer and no employee of the city shall continue in such employment upon qualifying as a candidate for nomination or election to any public office.
(g) Penalties for violation. (1) Any city officer or employee who knowingly conceals such financial interest or knowingly violates any of the requirements of this section shall be guilty of malfeasance in office or position and shall be deemed to have forfeited his office or position.
(2) Any officer or employee of the city who shall forfeit his office or position as de scribed in paragraph (1) of this subsection shall be ineligible for appointment or election to or employment in a position in the city government for a period of three years thereafter.

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(h) The forfeiture of an office pursuant to this section shall be accomplished by the vote of three officers from the membership of the city council and office of mayor after an inves tigative hearing. In the event an elected officer is sought to be removed for a violation of this section by the action of the mayor and city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. Any elected officer sought to be removed from office as provided in this section shall have the right to appeal from the decision of the city council to the Superior Court of Cobb County. Such an appeal shall be governed by the same rules as govern appeals to the superior court from the probate court.
Section 2.15. Inquiries and investigations. The mayor and city council may make inquir ies and investigations into the affairs of the city and the conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testi mony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the mayor and city council shall be punished as provided by ordinance.
Section 2.16. General power and authority of the mayor and city council. Except as otherwise provided by this charter, the mayor and city council shall be vested with all the powers of government of this city as provided by Article I of this charter.
Section 2.17. Eminent domain. The mayor and city council are empowered to acquire, construct, operate, and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports, hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facili ties, and any other public improvements inside or outside the city, and to regulate the use thereof and, for such purposes, property may be condemned under procedures established under general law applicable now or as provided in the future.
Section 2.18. Organizational meetings. The mayor and city council shall hold an organi zational meeting on the second Monday in January. The meeting shall be called to order by the city clerk and the oath of the office shall be administered to the mayor and any newly elected members as follows:
'I do solemnly (swear) (affirm) that I will faithfully perform the duties of (mayor) (councilmember) of this city and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America.'
Section 2.19. Regular and special meetings, (a) The mayor and city council shall hold regular meetings at such times and places as prescribed by ordinance.
(b) Special meetings of the mayor and city council may be held on call of the mayor or three members of the city council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember's presence. Only the business stated in the call may be transacted at the special meeting.
(c) All meetings of the mayor and city council shall be public to the extent required by law and notice to the public of special meetings shall be made fully as is reasonably possible one day prior to such meetings.
Section 2.20. Rules of procedure, (a) The mayor and city council shall adopt rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of their proceedings which shall be a public record.
(b) All committees and committee chairmen and officers of the city council shall be

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appointed by the mayor and shall serve at the pleasure of the mayor. The mayor shall have the power to appoint new members to any committee at any time.
(c) The committees appointed by the mayor shall be: finance, water and sewer, sanita tion, streets, and police.
Section 2.21. Quorum; voting. Three councilmembers shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of ordi nances shall be by voice vote and the vote shall be recorded in the journal, but any member of the city council shall have the right to request a roll-call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of three councilmembers shall be required for the adoption of any ordinance, resolution, or motion.
Section 2.22. Action requiring an ordinance. Acts of the mayor and city council which have the force and effect of law shall be enacted by ordinance.
Section 2.23. Ordinance forms; procedures, (a) Every proposed ordinance shall be intro duced in writing and in the form required for final adoption. The enacting clause shall be 'The Council of the City of Powder Springs hereby ordains. . . .'
(b) An ordinance may be introduced by any councilmember and be read at a regular or special meeting of the mayor and city council. Ordinances shall be considered and adopted or rejected by the mayor and city council in accordance with the rules which they shall establish.
(c) Upon introduction of any ordinance, the clerk shall as soon as possible distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the mayor and city council may designate.
Section 2.24. Emergencies. To meet a public emergency affecting life, health, property, or public peace, the mayor and city council may convene on call of the mayor or three councilmembers and promptly adopt an emergency ordinance, but such ordinance may not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public util ity for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of at least three councilmembers shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emer gency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner speci fied in this section if the emergency still exists. An emergency ordinance may also be re pealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances.
Section 2.25. Codes of technical regulations. The mayor and city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that:
(1) The requirements of subsection (c) of Section 2.23 for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regula tions, as well as adopting ordinance; and
(2) A copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 2.26.
(b) Copies of any adopted code of technical regulations shall be made available by the clerk for distribution or for purchase at a reasonable price.

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Section 2.26. Signing; authentication; recording; codification; printing. The clerk shall authenticate by his signature and shall record in full a properly indexed book kept for that purpose all ordinances adopted by the council.
(b) The mayor and city council shall provide for the preparation of a general codifica tion of all the ordinances of the city having the force and effect of law. The general codifica tion shall be adopted by the mayor and city council by ordinance and shall be published promptly together with all amendments thereto and such codes of technical regulations and other rules and regulations as the mayor and city council may specify. This compilation shall be known as and cited officially as 'The Code of the City of Powder Springs, Georgia.' Copies of the code shall be furnished to all officers, departments, and agencies of the city and shall be made available for purchase by the public at a reasonable price as fixed by the mayor and city council.
(c) The mayor and city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and char ter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the mayor and city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The mayor and city council shall make such further arrangements as are deemed desirable for reproduction and distribution of any current changes in or addi tions to codes of technical regulations and other rules and regulations included in the code.
Section 2.27. City manager; appointment; qualifications; compensation. The mayor and the city council shall appoint a city manager for an indefinite term and shall fix his compen sation. The manager shall be appointed solely on the basis of his executive and administra tive qualifications and shall serve at the pleasure of the mayor and council.
Section 2.28. Removal of city manager, (a) The mayor and city council may remove the manager from office in accordance with the following procedures:
(1) The mayor and city council shall adopt by affirmative vote of a majority of the membership of the city council and office of mayor a preliminary resolution which must state the reasons for removal and may suspend the manager from duty for a period not to exceed 45 days. A copy of the resolution shall be delivered promptly to the manager;
(2) Within five days after a copy of the resolution is delivered to the manager, he may file with the mayor and city council a written request for a public or private hearing. This hearing shall be held within 30 days after the request is filed. The manager may file with the mayor and council a written reply not later than five days before the hearing; and
(3) If the manager has not requested a public or private hearing within the time speci fied in paragraph (2) of this subsection, the mayor and city council may adopt a final resolu tion for removal, which may be made effective immediately, by an affirmative vote of a majority of the membership of the city council and office of mayor. If the manager has requested a public or private hearing, the mayor and city council may adopt a final resolu tion for removal, which may be made effective immediately, by an affirmative vote of a majority of the membership of the city council and office of mayor at any time after the public or private hearing.
(b) The manager shall continue to receive his salary until the effective date of a final resolution of removal. Upon removal from office the city manager shall be entitled to not less than 60 days' severance pay.
Section 2.29. Acting city manager. By letter filed with the city clerk, the manager shall designate, subject to approval of the mayor and city council, a qualified city administrative officer to exercise the powers and perform the duties of manager during his temporary ab sence or disability. During such absence or disability, the mayor and city council may revoke such designation at any time and appoint another officer of the city to serve until the man ager shall return or his disability shall cease.

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Section 2.30. Powers and duties of the city manager. The city manager shall be the chief administrative officer of the city. He shall be responsible to the mayor and city council for the administration of all city affairs placed in his charge by or under this charter. He shall have the following powers and duties:
(1) He shall appoint and, when he deems it necessary for the good of the city, suspend or remove all city employees and administrative officers he appoints, except as otherwise provided by law or personnel ordinances adopted pursuant to this charter. He may author ize any administrative officer who is subject to his direction and supervision to exercise these powers with respect to subordinates in that officer's department, office, or agency;
(2) He shall direct and supervise the administration of all departments, offices, and agencies of the city, except as otherwise provided by this charter or by law;
(3) He shall attend all city council meetings and shall have the right to take part in discussion but he may not vote;
(4) He shall see all that laws, provisions of this charter, and acts of the mayor and city council subject to enforcement by him or by officers subject to his direction and supervision, are faithfully executed;
(5) He shall prepare and submit the annual operating budget and capital budget to the mayor and city council;
(6) He shall submit to the mayor and city council and make available to the public a complete report on the finances and administrative activities of the city as of the end of each fiscal year;
(7) He shall make such other reports as the mayor and city council may require con cerning the operations of city departments, offices, and agencies subject to his direction and supervision;
(8) He shall keep the mayor and city council fully advised as to the financial condition and future needs of the city and make such recommendations to the mayor and city council concerning the affairs of the city as he deems desirable; and
(9) He shall perform such other duties as are specified in this charter or as may be required by the mayor and city council.
Section 2.31. Council interference with administration. Except for the purpose of in quiries and investigations under Section 2.15, the mayor and members of the city council shall deal with city officers and employees who are subject to the direction and supervision of the manager solely through the manager, and neither the mayor nor members of the city council shall give orders to any such officer or employee, either publicly or privately. In the case of a city emergency involving public health or safety and in the absence of the city manager, the mayor or a member of council may direct activities as appropriate.
Section 2.32. Powers and duties of mayor. The mayor shall:
(1) Preside at all meetings of the mayor and city council;
(2) Have a vote only in the case of a tie vote by councilmembers;
(3) Have veto power as specified in Section 2.33;
(4) Be the head of the city for the purpose of service of process and for ceremonial purposes and be the official spokesman for the city and the chief advocate of policy;
(5) Have power to administer oaths and to take affidavits; and
(6) Sign as a matter of course on behalf of the city all written and approved contracts, ordinances, and other instruments executed by the city which by law are required to be in writing.
Section 2.33. Veto power of mayor, (a) The mayor shall have four days after meetings of the council in which to file with the city clerk in writing his veto.

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(b) The council may at any meeting in which the mayor files his veto or any subsequent meeting within 60 days pass any such ordinance, order, or resolution, notwithstanding the veto, by an affirmative vote of four councilmembers.
Section 2.34. Selection of mayor pro tempore. By a majority vote of all its members, the city council shall elect a councilmember to serve as mayor pro tempore, who shall serve at the pleasure of the city council. The mayor pro tempore shall continue to vote and otherwise participate as a councilmember.
Section 2.35. Mayor pro tempore. During the absence or disability of the mayor for any cause, the mayor pro tempore or, in his absence or disability for any reason, any one of the councilmembers chosen by a majority vote of the city council shall be clothed with all the rights and privileges of the mayor and shall perform the duties of the office of the mayor so long as such absence or disability shall continue. Any such absence or disability shall be declared by majority vote of all councilmembers.
ARTICLE III
ADMINISTRATIVE AFFAIRS
Section 3.10. Administrative and service departments, (a) Except as otherwise provided in this charter, the mayor and city council by ordinance shall prescribe the functions or duties and establish, abolish, or alter all nonelective offices, positions of employment, de partments, and agencies of the city as necessary for the proper administration of the affairs and government of this city.
(b) Except as otherwise provided by this charter or by law, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respec tive administrative and professional qualifications.
(c) All appointed officers and directors of departments shall receive such compensation as prescribed by ordinance.
(d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the mayor, be respon sible for the administration and direction of the affairs and operations of his department or agency.
(e) All directors under the supervision of the city manager shall be nominated by the city manager with confirmation by the mayor and city council. The city manager may sus pend or remove directors under his supervision but such shall not be effective for three calendar days following the city manager giving written notice of such action and the rea sons therefor to the director involved and to the mayor and city council. The director in volved may appeal to the mayor and city council which, after a hearing, may override the city manager's action by a vote of three councilmembers.
(f) The city clerk while appointed by the mayor and city council shall be subject to the direction and supervision of the city manager.
Section 3.11. Boards, commissions, and authorities, (a) The mayor and city council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the mayor and city council deem necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof.
(b) All members of boards, commissions, and authorities of the city shall be appointed by the mayor and city council for such terms of office and in such manner as shall be pro vided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law.
(c) The mayor and city council, by ordinance, may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority.

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(d) Except as otherwise provided by charter, ordinance, or by other law, no member of any board, commission, or authority shall hold any elective office in the city.
(e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed for the original appointment, except as otherwise provided by this charter or by law.
(f) No member of a board, commission, or authority shall assume office until he has executed and filed with the clerk of the city an oath obligating such member to perform faithfully and impartially the duties of his office, such oath to be prescribed by ordinance and administered by the mayor.
(g) Any member of a board, commission, or authority may be removed from office for cause by a vote of three officers from the membership of the city council and the office of mayor.
(h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chairman and one member as vicechairman, and may elect as its secretary one of its own members or may appoint as secre tary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, ordi nances of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the city.
Section 3.12. City attorney. The mayor and city council shall appoint a city attorney, together with such assistant city attorneys as may be authorized, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the council as directed; shall advise the city council, mayor, and other officers or employ ees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required of him by virtue of his position as city attorney.
Section 3.13. City clerk. The mayor and council shall appoint a city clerk who shall not be a councilmember. The city clerk shall be custodian of the official city seal, maintain the city council records required by this charter, and perform such other duties as may be re quired by the mayor and city council.
Section 3.14. Position classification and pay plans. The city manager shall be responsi ble for the preparation of a position classification and pay plan which shall be submitted to the mayor and city council for approval. Such plan may apply to all employees of the city and any of its agencies, departments, boards, commissions, or authorities. When a pay plan has been adopted, the mayor and city council shall not increase or decrease the salary range applicable to any position except by amendment of such pay plan. For purposes of this section, the city manager, city clerk, chief judge, and city attorney are not considered to be city employees.
Section 3.15. Personnel policies. The mayor and city council shall adopt rules and regu lations consistent with this charter concerning:
(1) The method of employee selection and probationary periods of employment;
(2) The administration of the position classification and pay plan, methods of promo tion and application of service ratings thereto, and transfer of employees within the classifi cation plan;
(3) Hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoffs shall be effected;
(4) Such dismissal hearings as due process may require; and
(5) Such other personnel notices as may be necessary to provide for adequate and sys tematic handling of personnel affairs.

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ARTICLE IV
MUNICIPAL COURT
Section 4.10. Creation; name. There shall be a court to be known as the Municipal Court of the City of Powder Springs.
Section 4.11. Chief judge, (a) The municipal court shall be presided over by a chief judge and such part-time, full-time, or stand-by judges as shall be provided by ordinance. The method of selection and terms of such judges shall be provided by ordinance.
(b) No person shall be qualified or eligible to serve as a judge on the municipal court unless he shall have attained the age of 21 years and shall be a member of the State Bar of Georgia. Any and all judges shall be appointed by the mayor and city council.
(c) Compensation of the judges shall be fixed by ordinance.
(d) Judges may be removed for cause by a vote of three officers from the membership of the city council and the office of mayor.
(e) Before assuming office, each judge shall take an oath, given by the mayor, that he will honestly and faithfully discharge the duties of his office to the best of his ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 2.20 of this charter.
Section 4.12. Convening. The municipal court shall be convened at regular intervals as provided by ordinance.
Section 4.13. Jurisdiction; powers, (a) The municipal court shall try and punish viola tions of this charter, all city ordinances, and such other violations as provided by law.
(b) The municipal court shall have authority to punish those in its presence for con tempt. Such punishment shall not exceed $200.00 or ten days of imprisonment and labor on the public works of the city or by both such fine and imprisonment.
(c) The municipal court may fix punishment for offenses within its jurisdiction not ex ceeding a fine of $200.00 or imprisonment and labor on the public works of the city for one year or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law.
(d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transpor tation, and caretaking of prisoners bound over to superior courts for violations of state law.
(e) The municipal court shall have authority to establish bail and recognizances to en sure the presence of those charged with violations before said court and shall have discre tionary authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. Whenever any person shall give bail for his appearance and shall fail to appear at the time fixed for trial, his bond shall be forfeited by the judge presid ing at such time and an execution shall be issued thereon by serving the defendant and his sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the city or the property so deposited shall have a lien against it for the value forfeited, which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes.
(f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary.
(g) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law.

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(h) Each judge of the municipal court may be authorized to issue warrants for the ar rest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue war rants for offenses against state laws committed within the city.
(i) The municipal court is specifically vested with all the jurisdiction and powers throughout the geographic area of this city granted by law to municipal courts and particu larly by such laws as authorize the abatement of nuisances and prosecution of traffic violations.
Section 4.14. Certiorari. The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Cobb County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.
Section 4.15. Rules for court. With the approval of the mayor and city council, the judge shall have full power and authority to make reasonable rules and regulations neces sary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the mayor and city council may adopt in part or in toto the rules and regulations applicable to superior courts. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings.
ARTICLE V
ELECTIONS AND REMOVAL
Section 5.10. Applicability of general law. All primaries and elections shall be held and conducted in accordance with Chapter 3 of Title 21 of the O.C.G.A., the 'Georgia Municipal Election Code.'
Section 5.11. Election of the city council and mayor, (a) There shall be a municipal general election annually on the third Saturday of October.
(b) For the purpose of electing three councilmembers, the City of Powder Springs shall be divided into three council districts. The members representing each council district shall be elected only by the voters residing in that district and not at large. Said three council districts shall consist of the following territory within the city of Powder Springs:
Council District 1: Beginning at the intersection of Powder Springs Road and the east boundary of the city limits, westerly along centerline of Powder Springs Road to Marietta Street (SR 6); west along Marietta Street (SR 6) to Dallas Highway (SR 6); west along Dallas Highway (SR 6) to west city limits; south, east and north along city limits boundary to point of beginning.
Council District 2: Beginning at the northwest corner of LL 684, south along west boundary of LL 684 and LL 723 to the intersection of Macedonia Road and Forrest Hill Road; south along Forrest Hill Road to Powder Springs Road; east along Powder Springs Road to east city limits; north and west along city limits boundary to point of beginning.
Council District 3: Beginning at northwest corner of LL 684 and continuing south and west along city limit boundary to the intersection of Dallas Highway (SR 6) and the west city limits; east along Dallas Highway (SR 6) to Marietta Street (SR 6); east along Marietta Street (SR 6) to Powder Springs Road; east along Powder Springs Road to Forrest Hill Road; north along Forrest Hill Road to Macedonia Road; north along west boundary of LL 723 and 684 to point of beginning.
(c) The mayor and two councilmembers elected at large shall be elected at the regular municipal election in 1988, 1991, and every four years thereafter; shall take office on the first Monday in January following their election; and shall, except as otherwise provided in this subsection, serve for a term of four years and until their successors are elected and

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qualified. The mayor and the two councilmernbers may reside anywhere within the City of Powder Springs.
(d) Each councilmember from each district listed below shall be elected from and by the voters of only the council district he represents and must be a resident of the council district. For purposes of facilitating an orderly transition, the councilmember in office on the effective date of this section shall be deemed to represent the council districts as follows:
Council District 1: Harold Norris; election in 1987, 1989, and every fourth year thereafter;
Council District 2: Al Brewer; election in 1987, 1989, and every fourth year thereafter; and
Council District 3: Paul Bourassa; election in 1987, 1989, and every fourth year thereafter.
(e) This district election plan for three councilmembers shall be effective in 1989 or when the city population reaches 8,000 as estimated by the Atlanta Regional Commission, whichever first occurs.
(f) Until such time as the district election plan becomes effective, the mayor and councilmembers shall be elected at large. Members from Council Districts 1, 2, and 3 will be elected in 1987, 1989, and every four years thereafter. The mayor and at-large members of the council will be elected in 1988, 1991, and every four years thereafter.
Section 5.12. Nonpartisan elections. Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party designations.
Section 5.13. Election by majority. The person receiving a majority of the votes cast for any city office shall be elected.
Section 5.14. Special election; vacancies. In the event that the office of mayor or councilmember shall become vacant for any cause whatsoever, the mayor and city council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, if such vacancy occurs within six months of the expiration of the term of that office, the mayor and city council or those remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with Chapter 3 of Title 21 of the O.C.G.A., the 'Georgia Municipal Election Code."
Section 5.15. Other provisions. Except as otherwise provided by this charter, the mayor and city council shall, by ordinance, prescribe such rules and regulations it deems appropri ate to fulfill any options and duties under Chapter 3 of Title 21 of the O.C.G.A., the 'Geor gia Municipal Election Code.'
Section 5.16. Removal of officers, (a) Except as otherwise provided in this charter, the mayor, councilmembers, or other appointed officers provided for in this charter shall be removed from office for any one or more of the following causes:
(1) Incompetence, misfeasance, or malfeasance in office;
(2) Conviction of a crime involving moral turpitude;
(3) Failure at any time to possess any of the qualifications of office as provided by this charter or by law;
(4) Knowingly violating any express prohibition of this charter;
(5) Abandonment of office or neglect to perform the duties thereof;
(6) Failure for any other cause to perform the duties of office as required by this charter or by state law; or
(7) Failure to attend four consecutive regular council meetings.
(b) The removal of an officer pursuant to this section shall be accomplished by the vote

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of three officers from the membership of the city council and office of mayor after an inves tigative hearing. In the event an elected officer is sought to be removed by the action of the mayor and city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. Any elected officer sought to be removed from office as provided in this section shall have the right to appeal from the decision of the city council to the Superior Court of Cobb County. Such an appeal shall be governed by the same rules as govern appeals to the superior court from the probate court.
ARTICLE VI
FINANCE
Section 6.10. Property tax. The mayor and city council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the city that is subject to such taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the city government, of providing governmental services, for the repayment of principal and interest on general obligations, and for any other public purpose as determined by the mayor and city council in their discretion.
Section 6.11. Millage rate; due dates; payment methods. The mayor and city council by ordinance shall establish a millage rate for the city property tax, a due date, and the time period within which these taxes must be paid. The mayor and city council by ordinance may provide for the payment of these taxes by installments or in one lump sum, as well as au thorize the voluntary payment of taxes prior to the time when due.
Section 6.12. Occupation and business taxes. The mayor and city council by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. Such taxes may be levied on both individuals and corporations who transact business in this city or who practice or offer to practice any profession or calling within the city to the extent such persons have a constitutionally sufficient nexus to this city to be so taxed. The mayor and city council may classify businesses, occupations, professions, or callings for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.18 of this charter.
Section 6.1,3. Licenses; permits; fees. The mayor and city council by ordinance shall have the power to require any individual or corporation who transacts business in the city or who practices or offers to practice any profession or calling within the city to obtain a li cense or permit for such activity from the city and to pay a reasonable fee for such license or permit where such activities are not now regulated by general law in such a way as to pre clude city regulations. Such fees may reflect the total cost to the city of regulating the activ ity and, if unpaid, shall be collected as provided in Section 6.18 of this charter. The mayor and city council by ordinance may establish reasonable requirements for obtaining or keep ing such licenses as the public health, safety, and welfare necessitate.
Section 6.14. Franchises. The mayor and city council shall have the power to grant franchises for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, cable television companies, gas compa nies, transportation companies, and other similar organizations. The mayor and city council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The mayor and city council shall provide for the registration of all franchises with the city clerk in a registration book kept by him. The mayor and city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted.
Section 6.15. Service charges. The mayor and city council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available inside or outside the corporate limits of the

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city for the total cost to the city of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter.
Section 6.16. Special assessments. The mayor and city council by ordinance shall have the power to assess and collect the costs of constructing, reconstructing, widening, or im proving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter.
Section 6.17. Construction; other taxes. This city shall be empowered to levy any other tax allowed now or hereafter by law, and the specific mention of any right, power, or author ity in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs.
Section 6.18. Collection of delinquent taxes and fees. The mayor and city council by ordinance may provide generally for the collection of delinquent taxes, fees, or other reve nue due the city under Sections 6.10 through 6.17 of this charter by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due, late penalties or interest, issuance and execution of fi. fas., creation and priority of liens, making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed, revoking city licenses for failure to pay any city taxes or fees, and providing for the assignment or transfer of tax executions.
Section 6.19. General obligation bonds. The mayor and city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or ven ture authorized under this charter or the laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken.
Section 6.20. Revenue bonds. Revenue bonds may be issued by the mayor and city council as state law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program, or venture for which they were issued.
Section 6.21. Short-term loans. The city may obtain short-term loans and must repay such loans not later than December 31 of each year, unless otherwise provided by law.
Section 6.22. Fiscal year. The mayor and city council shall set the fiscal year by ordi nance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency, and activity of the city government.
Section 6.23. Preparation of budgets. The mayor and city council shall provide an ordi nance on the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvement program, and a capital budget, including require ments as to the scope, content, and form of such budgets and programs.
Section 6.24. Submission of operating budget to city council. On or before a date fixed by the mayor and city council but not later than 45 days prior to the beginning of each fiscal year, the city manager shall submit to the mayor and city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the city manager containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other comments and information as he may deem pertinent. The operating budget and the capital improvements budget hereinafter provided for, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection.
Section 6.25. Action by mayor and city council on budget, (a) The mayor and city coun cil may amend the operating budget proposed by the city manager, except that the budget as finally amended and adopted must provide for all expenditures required by state law or other provisions of this charter and for all debt service requirements for the ensuing fiscal

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year. The total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues.
(b) The mayor and city council by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than the thirtieth day of June each year. If the mayor and city council fail to adopt the budget by said date, the amounts appropriated for operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a monthto-month basis, with all items prorated accordingly until such time as the mayor and city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activ ity as set out in the budget preparation ordinance adopted pursuant to Section 6.23 of this charter.
(c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropria tions or allotments thereof to which it is chargeable.
Section 6.26. Tax levies. Following adoption of the operating budget, the mayor and city council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expense of the general government of this city.
Section 6.27. Changes in appropriations. The mayor and city council by ordinance may make changes in the appropriations contained in the current operating budget at any regu lar meeting or special or emergency meeting called for such purpose, but any additional appropriations may be made only from an existing unexpended surplus.
Section 6.28. Capital improvements budget, (a) On or before the date fixed by the mayor and city council but no later than 45 days prior to the beginning of each fiscal year, the city manager shall submit to the mayor and city council a proposed capital improve ments budget with his recommendations as to the means of financing the improvements proposed for the ensuing fiscal year. The mayor and city council shall have power to accept, with or without amendments, or reject the proposed program and proposed means of financ ing. The mayor and city council shall not authorize an expenditure for the construction of any building, structure, work, or improvement, unless the appropriations for such project are included in the capital improvements budget, except to meet a public emergency as provided in Section 2.24.
(b) The mayor and city council shall adopt by ordinance the final capital improvements budget for the ensuing fiscal year not later than the thirtieth day of June of each year. No appropriation provided for in a prior capital improvements budget shall lapse until the pur pose for which the appropriation was made shall have been accomplished or abandoned; provided, however, the city manager may submit amendments to the capital improvements budget at any time during the fiscal year, accompanied by his recommendations. Any such amendments to the capital improvements budget shall become effective only upon adoption by ordinance.
Section 6.29. Independent audit. There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the mayor and city council. The audit shall be conducted according to generally accepted ac counting principles. Any audit of any funds by the state or federal government may be accepted as satisfying the requirements of this charter. Copies of all audit reports shall be available at printing costs to the public.

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Section 6.30. Contracting procedures. No contract with the city shall be binding on the city unless:
(1) It is in writing;
(2) It is drawn by or submitted and reviewed by the city attorney and, as a matter of course, is signed by him to indicate such drafting or review; and
(3) It is made or authorized by the mayor and city council and such approval is entered in the city council journal of proceedings pursuant to Section 2.21 of this charter.
Section 6.31. Centralized purchasing. The mayor and city council may by ordinance prescribe procedures for a system of centralized purchasing for the city.
Section 6.32. Sale of city property, (a) The mayor and city council may sell and convey any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law.
(b) The mayor and city council may quitclaim any rights it may have in property not needed for public purposes upon request by the city manager and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the inter est of the city has no readily ascertainable monetary value.
(c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the city manager to execute and deliver in the name of the city a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way of said street, avenue, alley, or public place when such exchange is deemed to be in the best interest of the city. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereaf ter made.
ARTICLE VII
GENERAL PROVISIONS
Section 7.10. Bonds for officials. The officers and employees of the city, both elected and appointed, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the mayor and city council may from time to time require by ordi nance or as may be provided by law.
Section 7.11. Prior ordinances. All ordinances, resolutions, rules, and regulations now in force in the city not inconsistent with this charter are declared valid and of full effect and force until amended or repealed by the mayor and city council.
Section 7.12. Existing personnel and officers. Except as specifically provided otherwise by this charter, all personnel and officers of the city and their rights, privileges, and powers shall continue beyond the time this charter takes effect for a period of 30 days before or during which the existing mayor and city council shall pass a transition ordinance detailing the changes in personnel and appointive officers required or desired and arranging such titles, rights, privileges, and powers as may be required or desired to allow a reasonable transition.
Section 7.13. Pending matters. Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal or administrative proceedings shall continue and any such ongoing work or cases shall be completed by such city agencies, per sonnel, or offices as may be provided by the mayor and city council.
Section 7.14. Construction, (a) Section captions in this charter are informative only and shall not be considered as a part thereof.
(b) The word 'shall' is mandatory and the word 'may' is permissive.

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(c) The singular shall include the plural, the masculine shall include the feminine, and vice versa.
Section 7.15. Severability. In the event any article, section, subsection, paragraph, sen tence, or part of this charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect nor impair other parts of this charter unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held to be invalid or unconstitutional, it being the legislative intent and in enacting that each article, section, subsection, paragraph, sentence, or part thereof be enacted separately and indepen dent of each other."
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 382.
On the motion, the yeas were 30, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 382.
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 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.
The House insists on its position in substituting the following bill of the Senate:
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 rilling of vacancies in the offices of clerk of the superior court, judge of the probate court, county surveyor, and coroner.
The House has agreed to the Senate substitute, as amended, to the following resolution of the House:
HR 275. By Representative Moody of the 153rd:
A resolution authorizing the conveyance of certain state owned property located in Brantley County, Georgia, to the Johns Timber Company.

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The following resolution of the Senate was read and adopted:

SR 226. By Senators Garner of the 30th and Harrison of the 37th: A resolution commmending Preston Milo Collins.

Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced that the Senate would stand in recess from 2:15 o'clock P.M. until 2:30 o'clock P.M.

At 2:30 o'clock P.M., the President called the Senate to order.

The following bill of the House was taken up for the purpose of considering the House amendment to Senate amendment No. 3 thereto:

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.

The House amendment was as follows:

Amend Senate amendment No. 3 by adding on line 14 and on line 17 of page 1 after the word "issued" the following:
"to commemorate any college, university, or institution and issued".

Senator Allgood of the 22nd moved that the Senate agree to the House amendment to Senate amendment No. 3 to HB 873.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barnes Bowen Brannon Broun of 46th Bryant BCoulretomnan Coverdell Crumbley
Dawkins Deal Dean
Echols Edge

English Engram Fincher Foster Garner Gillis Harris HHianrerison Howard Huggins
Kennedy Kidd Land
Langford McGill

Newbill Olmstead Peevy Perry Phillips Ragan o |,,Ftt *, 3,,_6th, Shumake Stumbaugh
Tate Tolleson Turner
Tysinger Walker

Those not voting were Senators:

Albert Barker Brown of 47th (excused)

Hudgins McKenzie Scott of 2nd

Starr Timmons

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2161

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House amendment to Senate amendment No. 3 to HB 873.
The following bill of the Senate was taken up for the purpose of considering the House action thereon:

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 rilling of vacancies in the offices of clerk of the superior court, judge of the probate court, county surveyor, and coroner.
Senator English of the 21st moved that the Senate adhere to its disagreement to the House substitute to SB 170, and that a Conference Committee be appointed.
On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House substitute to SB 170.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators English of the 21st, Kidd of the 25th and Barnes of the 33rd.
Senator Kennedy of the 4th, President Pro Tempore, resumed the Chair.
The following bill of the House was taken up for the purpose of considering the Confer ence Committee report thereon:

HB 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 Conference Committee report on HB 169 was as follows:
The Committee of Conference on HB 169 recommends that the Senate recede from its position and the bill as passed by the House of Representatives be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Pierre Howard Senator, 42nd District
/s/ W. W. Fincher, Jr. Senator, 54th District
/s/ Frank A. Albert Senator, 23rd District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Bobby Eugene Parham Representative, 105th District
/s/ DuBose Porter Representative, 119th District
/s/ Tom Ramsey Representative, 3rd District

Senator Fincher of the 54th moved that the Senate adopt the Conference Committee report on HB 169.

On the motion, a roll call was taken, and the vote was as follows:

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Those voting in the affirmative were Senators:

Allgood Baldwin Barnes Bowen Brannon Broun of 46th
BrCBCorouv,lvreateomnrndtaenll Crumbley Deal Dean Echols Edge

English Engram Fincher Foster Gillis Rarris
HH...marerison Howard Huggins Kidd Land Langford McGill

Newbill Olmstead Peevy Perry Phillips Ray
SSQS_ cttuaormtrtb, oafug3h6, th Tate Tolleson Turner Tysinger Walker

Those not voting were Senators:

Albert Barker Brown of 47th (excused) Dawkins

Garner Hudgins Kennedy (presiding) McKenzie

Ragan Scott of 2nd Shumake Timmons

On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 169.

The following bill of the House was taken up for the purpose of considering the House action thereon:

HB 905. By Representatives Mangum of the 57th and Athon of the 57th:
A bill to amend Article 4 of Chapter 4 of Title 20 of the Official Code of Georgia Annotated, known as the "Georgia Proprietary School Act", so as to provide for certificates of authorization for proprietary schools in lieu of certificates of approval.

Senator Kidd of the 25th moved that the Senate insist upon the Senate amendment to HB 905.

On the motion, the yeas were 31, nays 2; the motion prevailed, and the Senate insisted upon the Senate amendment to HB 905.

The following bill of the House was taken up for the purpose of considering the Confer ence Committee report thereon:

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.

The Conference Committee report on HB 289 was as follows:

The Committee of Conference on HB 289 recommends that both the Senate and the

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2163

House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 289 be adopted.
Respectfully submitted,

FOR THE SENATE:
Isl Quillian Baldwin Senator, 29th District
/s/ Arthur B. Edge, IV Senator, 28th District
Albert J. Scott Senator, 2nd District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Hugh Boyd Pettit III Representative, 19th District
/s/ John Simpson Representative, 70th District
/s/ Kenneth Waldrep Representative, 80th District

Conference Committee substitute to HB 289:

A BILL
To be entitled an Act to amend Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to the jurisdiction of municipal courts, so as to authorize the municipal courts to try and dispose of a first offense violation of Code Section 3-3-23, relating to fur nishing alcoholic beverages to, and purchase and possession of alcoholic beverages by, a person under 21 years of age; to provide that the fines from prosecution of such cases shall be paid into the treasury of the municipal corporation; to provide that a defendant may have the case transferred to a court having general misdemeanor jurisdiction; to provide for punishments; to provide that no municipal corporation is authorized to impose a fine or punishment in excess of the limits set forth in the charter of such municipal corporation; to provide for jurisdiction of the juvenile court; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to the jurisdiction of municipal courts, is amended by adding at the end thereof a new Code section, to be designated Code Section 36-32-9, to read as follows:
"36-32-9. (a) The municipal courts are granted jurisdiction to try and dispose of a first offense violation of Code Section 3-3-23, relating to furnishing alcoholic beverages to, and purchase and possession of alcoholic beverages by, a person under 21 years of age, if the offense occurred within the corporate limits of such municipal corporation. The jurisdiction of such municipal court shall be concurrent with the jurisdiction of any other courts within the county having jurisdiction to try and dispose of such cases.
(b) Any fines and forfeitures arising from the prosecution of such cases shall be retained by the municipal corporation and shall be paid into the treasury of such municipal corporation.
(c) Any defendant charged with a first offense violation of Code Section 3-3-23 in a municipal court shall be entitled upon request to have the case against him transferred to the court having general misdemeanor jurisdiction in the county in which the alleged offense occurred.
(d) A person convicted in a municipal court of a first offense violation of Code Section 3-3-23 shall be punished as provided in paragraph (1) of subsection (b) of Code Section 3-323.1, provided that nothing in this Code section or Code Section 3-3-23.1 shall be construed to give any municipal corporation the right to impose a fine or punishment in excess of the limits set forth in the charter of such municipal corporation.
(e) Nothing in this Code section shall affect the original and exclusive jurisdiction of the juvenile court as set forth in Code Section 15-11-5."

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Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Baldwin of the 29th moved that the Senate adopt the Conference Committee report on HB 289.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen
rannonf ,,,,,
BBr/o5'u81n11of 46th CBouvrteorndell Crumbley
Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Gillis
Harris
HMainrreison H..oward, Huggins
Kidd Land Langford McGill Newbill

Olmstead Peevy Perry Phillips Ragan
Rfly
SShcoutmt aokfe36th S_.tarr Stumbaugh
Tate Tolleson Turner Tysinger Walker

Voting in the negative were Senators Hudgins and Scott of 2nd.

Those not voting were Senators:

Barker Brown of 47th (excused) Coleman

Garner Kennedy (presiding)

McKenzie Timmons

On the motion, the yeas were 46, nays 2; the motion prevailed, and the Senate adopted the Conference Committee report on HB 289.

The President resumed the Chair.

The following bill of the House was taken up for the purpose of considering the House action thereon:

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.
Senator Barnes of the 33rd moved that the Senate adhere to the Senate substitute to HB 557, and that a Conference Committee be appointed.
On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 557.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Barnes of the 33rd, Baldwin of the 29th and Edge of the 28th.

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The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has rejected the Conference Committee Report on the following bill 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.

The following resolution of the Senate, having been taken up previously today to con sider the Conference Committee report thereon, and the Conference Committee report re jected and reconsidered, was again taken up for the purpose of considering the Conference Committee report thereon:

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.

The Conference Committee report on SR 7 was as follows:

The Committee of Conference on SR 7 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SR 7 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Culver Kidd Senator, 25th District
/s/ Floyd Hudgins Senator, 15th District
/s/ Gene Walker Senator, 43rd District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Claude A. Bray, Jr. Representative, 91st District
/s/ William J. Lee Representative, 72nd District
/s/ Bob Holmes Representative, 28th District

Conference Committee substitute to SR 7:

A RESOLUTION
Proposing an amendment to the Constitution so as to change the terms of office of members of the General Assembly from two years to four years; to provide for matters rela tive 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 III, Section II of the Constitution is amended by striking Paragraph

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V, relating to the election and terms of office of members of the General Assembly, in its entirety 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 first election for members of the General Assembly to serve four-year terms shall take place on Tuesday after the first Monday in November, 1988, and subsequent elections quadrennially on that day until the day of election is changed by law.

(c) Members of the General Assembly elected at the November, 1988, general election shall take office on the convening date of the General Assembly in 1989 and shall serve for terms of four years in lieu of terms of two years."

Section 2. Article III, Section IV, Paragraph I of the Constitution, relating to meeting, time limit, and adjournment of the General Assembly, is amended by striking subparagraph (a) of Paragraph I in its entirety 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 1989 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 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. Bills pending at the final adjournment of the regular session in each odd-numbered year shall be carried forward to the regular session in the following even-numbered year. Bills pending at the final adjournment of the regular session in the even-numbered years shall not be carried forward."

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 [ 1 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 Kidd of the 25th moved that the Senate adopt the Conference Committee re port on SR 7.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Bowen Broun of 46th Coverdell Dawkins

Echols Edge Engram Fincher Garner Gillis

Harris Harrison Hudgins Kidd Langford McGill

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2167

McKenzie Newbill Perry Phillips

Ragan Ray Scott of 36th Shumake

Tate Tolleson Turner Walker

Those voting in the negative were Senators:

Allgood Barnes Brannon
^Bruyrftonnt Coleman Crumbley Deal

Dean Foster Hine
Howard
Huggms Kennedy Land

Olmstead Peevy Scott of 2nd
Starr
. Stumbaugh Timmons Tysinger

Those not voting were Senators:

Barker

Brown of 47th (excused) English

On the motion, the yeas were 30, nays 22; the motion, having failed to receive the requi site two-thirds constitutional majority, was lost, and the Senate rejected the Conference Committee report on SR 7.

Senator Kennedy of the 4th, President Pro Tempore, resumed the Chair.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

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.
The House substitute to SB 156 was as follows:
A BILL
To be entitled an Act 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 provide that certain provisions relating to campaign commit tees, acceptance of contributions, making of expenditures, filing of certain disclosure re ports, 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; to change certain definitions relating to ethics in government; to change certain provisions relating to the disposition of certain contributions; to provide for the utilization and disposition of certain funds to bring about the recall of a public officer or to oppose the recall of a public officer or to bring about the approval or rejection by the voters of any proposed constitutional amendment, a state wide referendum, or certain local questions; to provide for utilization and disposition of certain contributions to certain public officers who leave office with excess contributions; to provide for utilization and disposition of excess contributions to certain unsuccessful candi dates for public office; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 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, is amended by striking paragraphs (2), (6), and (9) of Code Section 21-5-3, relating to defini tions regarding ethics in government, and inserting in their place new paragraphs (2), (6), and (9) to read as follows:
"(2) 'Campaign committee' means the candidate, person, or committee which accepts contributions or makes expenditures designed to bring about the nomination or election of an individual to any elected office. The term 'campaign committee' also means any person or committee which accepts contributions or makes expenditures designed to bring about the recall of a public officer holding elective office or to oppose the recall of a public officer holding elective office or any person or committee which accepts contributions or makes expenditures designed to bring about the approval or rejection by the voters of any pro posed constitutional amendment or state-wide referendum. The term 'campaign committee' shall also mean any person or committee which accepts contributions or makes expenditures designed to bring about the approval or rejection by the voters of any proposed question which is to appear on the ballot in any county or municipal election."
"(6) 'Contribution' means a gift, subscription, membership, loan, forgiveness of debt, advance or deposit of money or anything of value, conveyed or transferred for the purpose of influencing the nomination for election or election of any person for office, bringing about the recall of a public officer holding elective office or opposing the recall of a public officer holding elective office, or the influencing of voter approval or rejection of a proposed consti tutional amendment, a state-wide referendum, or a proposed question which is to appear on the ballot in any county or municipal election. The term specifically shall not include the value of personal services performed by persons who serve without compensation from any sources and on a voluntary basis. The term 'contribution' shall include other forms of pay ment made to candidates for office or who hold office when such fees and compensation made can be reasonably construed as a campaign contribution designed to encourage or influence a candidate or officeholder. The term 'contribution' shall also encompass transac tions wherein a qualifying fee required of the candidate is furnished or paid by anyone other than the candidate."
"(9) 'Expenditure' means a purchase, payment, distribution, loan, advance, deposit, or gift of money or anything of value made for the purpose of influencing the nomination for election or election of any person, bringing about the recall of a public officer holding elec tive office or opposing the recall of a public officer holding elective office, or the influencing of voter approval or rejection of a proposed constitutional amendment, a state-wide referen dum, or a proposed question which is to appear on the ballot in any county or municipal election. The term specifically shall not include the value of personal services performed by persons who serve without compensation from any source and on a voluntary basis. The term 'expenditure' shall also include the payment of a qualifying fee for and in behalf of a candidate."
Section 2. Said chapter is further amended by striking subsection (a) of Code Section 21-5-30, relating to certain contributions made to a candidate or campaign committee or for the recall of a public officer, and inserting in its place a new subsection (a) to read as follows:
"(a) No contributions to bring about the nomination or election of a candidate for any office shall be made except directly to a candidate or such candidate's campaign committee which is organized for the purpose of bringing about the nomination or election of any such candidate; and no contributions to bring about the recall of a public officer or to oppose the recall of a public officer or to bring about the approval or rejection by the voters of a pro posed constitutional amendment, state-wide referendum, or other issue at the municipal or county level shall be accepted except directly by a campaign committee organized for that purpose."

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Section 3. Said chapter is further amended by striking Code Section 21-5-33, relating to disposition of contributions, and inserting in its place a new Code Section 21-5-33 to read as follows:
"21-5-33. (a) Contributions to a candidate, a campaign committee, or a public officer holding elective office and any proceeds from investing such contributions shall be utilized only to defray ordinary and necessary expenses, which may include any loan of money from a candidate or public officer holding elective office to the campaign committee of such can didate or such public officer, incurred in connection with such candidate's campaign for elective office or such public officer's fulfillment or retention of such office.
(b) (1) All contributions received by a candidate or such candidate's campaign commit tee or a public officer holding elective office in excess of those necessary to defray expenses pursuant to subsection (a) of this Code section and as determined by such candidate or such public officer may only be used as follows:
(A) As contributions to any charitable organization described in 26 U.S.C. 170(c) as said federal statute exists on March 1, 1986, and which additionally shall include educational, eleemosynary, and nonprofit organizations;
(B) For transferral without limitation to any national, state, or local committee of any political party or to any candidate;
(C) For repayment on a pro rata basis to persons making such contributions;
(D) For use in future campaigns for any elective office;
(E) For repayment of any prior campaign obligations incurred as a candidate; or
(F) (i) For any personal use; provided, however, that no such candidate or such public officer shall convert contributions to the personal use or benefit of such candidate or such public officer unless such candidate or such public officer shall have:
(I) Written to every contributor to the most recent campaign to notify the contributor that such candidate or such public officer intends to convert contributions to the personal use of such candidate or such public officer;
(II) Extended an opportunity in writing to every contributor to the most recent cam paign to receive a pro rata distribution from the campaign committee in lieu of having the contributions converted to the personal use of such candidate or such public officer, which opportunity shall not expire for at least 30 days after extension of such opportunity; and
(III) Distributed pro rata the contributions to all who objected to the conversion of the contributions to the personal use of such candidate or such public officer.
(ii) Notwithstanding any other provision of this subparagraph to the contrary, no re payment or offer of repayment shall be required if there is less than $5,000.00 in the cam paign account of a state-wide candidate or public officer holding elective office or if there is less than $1,000.00 in the campaign account of a candidate or elected official other than a state-wide candidate or public officer holding elective office.
(2) Any candidate or public officer holding elective office may provide in the will of such candidate or such public officer that the contributions shall be spent in any of the author ized manners upon the death of such candidate or such public officer; and, in the absence of any such direction in the probated will of such candidate or such public officer, the contri butions shall be paid to the treasury of the state party with which such candidate or such public officer was affiliated in such candidate's or such public officer's last election or elec tive office. Notwithstanding any other provisions of this paragraph, the personal representa tive or executor of the estate shall be allowed to use or pay out funds in the campaign account in any manner authorized in subparagraphs (A) through (F) of paragraph (1) of this subsection.
(c) Contributions shall not constitute personal assets of such candidate or such public

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officer unless and until such contributions are converted to the personal use of such candi date or such public officer as provided in subparagraph (b)(l)(F) of this Code section.
(d) (1) Contributions received by a campaign committee designed to bring about the recall of a public officer holding elective office or to oppose the recall of a public officer holding elective office or any person or to bring about the approval or rejection by the voters of any proposed constitutional amendment, a state-wide referendum, or a proposed question which is to appear on the ballot in any county or municipal election and any proceeds de rived from investing such contributions shall be utilized only to defray ordinary and neces sary expenses associated with influencing the voters on such issue.
(2) All contributions received by a campaign committee as provided in paragraph (1) of this subsection in excess of those necessary to defray expenses relative to the influencing of voters on such issue as determined by the campaign committee may only be used as follows:
(A) Contributions to any charitable organization described in 26 U.S.C. 170(c) as such federal statute exists on March 1, 1986, and which additionally shall include educational, eleemosynary, and nonprofit organizations; or
(B) For repayment on a pro rata basis to persons making such contributions."
Section 4. Said chapter is further amended by striking paragraph (1) of subsection (a) of Code Section 21-5-34, relating to certain disclosure reports, and inserting in its place a new paragraph (1) to read as follows:
"(1) The candidate or the chairman or treasurer of each campaign committee organized to bring about the nomination or election of a candidate for any office except county and municipal offices and the chairman or treasurer of every campaign committee designed to bring about the recall of a public officer or to oppose the recall of a public officer or designed to bring about the approval or rejection by the voters of any proposed constitutional amend ment or state-wide referendum shall file with the Secretary of State the required campaign contribution disclosure reports. In addition, a candidate for any state office or the chairman or treasurer of his or her campaign committee shall file a copy of each of his or her reports with the election superintendent of the county of his or her residence."
Section 5. Said chapter is further amended by adding a new subsection at the end of Code Section 21-5-34, relating to certain disclosure reports, to be designated subsection (i), to read as follows:
"(i) (1) Any person elected to a public office who is required to file campaign contribu tion disclosure reports pursuant to this article shall, upon leaving public office with excess contributions, be required to file a supplemental campaign contribution disclosure report no later than December 31 of each year until such contributions are expended in a campaign for elective office or used as provided in subsection (b) of Code Section 21-5-33.
(2) Any person who is an unsuccessful candidate in an election and who is required to file campaign contribution disclosure reports pursuant to this article shall, upon having ex cess contributions from such campaign, be required to file a supplemental campaign contri bution disclosure report no later than December 31 of each year until such contributions are expended in a campaign for elective office or used as provided in subsection (b) of Code Section 21-5-33. Any unsuccessful candidate in an election who is required to file campaign contribution disclosure reports pursuant to this article and who receives contributions fol lowing such election to retire debts incurred in such campaign for elective office shall be required to file a supplemental campaign contribution disclosure report no later than De cember 31 of each year until such unpaid expenditures from such campaign are satisfied."
Section 6. This Act shall become effective upon signature of the Governor.
Section 7. All laws and parts of laws in conflict with this Act are repealed.
Senator Kidd of the 25th moved that the Senate agree to the House substitute to SB 156.

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2171

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert
Allgood Baldwin Barnes Bowen Brannon
Broun of 46th Bryant
Burton Coverdell Crumbley Dawkins Deal Dean

Echols Engram Fincher
Foster Garner Gillis Harrison
Hine Howard Hudgins Huggins Kidd Land Langford

McGill McKenzie Olmstead Peevy Phillips Ragan Ray Scott of 2nd Scott of 36th Starr Tate Turner Tysinger Walker

Those voting in the negative were Senators:

Edge Newbill

Stumbaugh

Tolleson

Those not voting were Senators:

Barker Brown of 47th (excused) Coleman English

Harris Holloway Kennedy (presiding)

Perry Shumake Timmons

On the motion, the yeas were 42, nays 4; the motion prevailed, and the Senate agreed to the House substitute to SB 156.

The following bill of the House was taken up for the purpose of considering the Confer ence Committee report thereon:

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 Conference Committee report on HB 557 was as follows:

The Committee of Conference on HB 557 recommends that both the Senate and House of Representatives recede from their positions and that the attached Committee of Confer ence Substitute to HB 557 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Roy E. Barnes Senator, 33rd District
is/ Quillian Baldwin Senator, 29th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Pete Robinson Representative, 96th District
/s/ Joe T. Wood Representative, 9th District

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/a/ Arthur B. Edge, IV Senator, 28th District

/a/ Roy H. Watson, Jr. Representative, 114th District

Conference Committee substitute to HB 557:

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 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 allow the employees of a trade or professional association to be covered under a group self-insurance fund estab lished by the members of such association; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, is amended by striking paragraph (2) of Code Section 34-9-1, relat ing to definitions concerning workers' compensation, and inserting in its place a new para graph (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 such person has a contract as an indepen dent contractor and if such person buys a product and resells it, receiving no other compen sation, or provides an agricultural service or provides transportation services with such per son's own passenger vehicle, pickup truck, or van-type truck.
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."

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Section 2. Said chapter is further amended by striking paragraph (10) of Code Section 34-9-151, relating to definitions of terms regarding group self-insurance funds for workers' compensation, and inserting in its place a new paragraph (10) to read as follows:
"(10) 'Member' means an employer who is a member of a fund established by a trade association or professional association or by a group of municipalities, counties, school boards, or hospital authorities in accordance with this article. 'Member' also means a trade association or professional association which elects to cover its own employees under a fund established by its members."
Section 3. 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 557.

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 Bryant Burton Crumbley Dawkins Deal Dean Echols

Edge English Fincher Foster Gillis Hudgins Huggins Land Langford McGill McKenzie Newbill Olmstead

Peevy Phillips Ragan Ray Scott of 2nd Shumake Starr Stumbaugh Tate Tolleson Turner Tysinger Walker

Those not voting were Senators:

Barker Bowen Brown of 47th (excused) Coleman Coverdell Engram

Garner Harris Harrison Hine Howard

Kennedy (presiding) Kidd Perry Scott of 36th Timmons

On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 557.

The President resumed the Chair.

The following bill of the House was taken up for the purpose of considering the House action thereon:

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.
Senator Brannon of the 51st moved that the Senate adhere to the Senate amendments to HB 949, and that a Conference Committee be appointed.

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On the motion, the yeas were 31, nays 0; the motion prevailed, and the Senate adhered to the Senate amendments to HB 949.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Brannon of the 51st, Coleman of the 1st and Scott of the 2nd.
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 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.
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 917. By Representatives Childs of the 53rd, Richardson of the 52nd, Steinberg of the 46th, Williams of the 48th, Williams of the 54th and others: A bill to amend an Act providing a supplement to the compensation, expenses, and allowances of the judges of the superior court of the Stone Mountain Judicial Circuit, so as to change the amount of such supplement.
The Speaker has appointed on the part of the House, Representatives Childs of the 53rd, Richardson of the 52nd and Williams of the 48th.
The following resolution of the Senate was read and adopted:
SR 228. By Senators Bowen of the 13th and Timmons of the llth: A resolution recognizing Michael S. deVegter.
The President introduced Michael S. deVegter, who briefly addressed the Senate.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House insists on its position in substituting the following bill of the Senate:
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.

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2175

The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
SB 162. By Senators Deal of the 49th, Peevy of the 48th and Barnes of the 33rd:
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 President announced that the Senate would stand in recess from 3:40 o'clock P.M. until 4:00 o'clock P.M.
At 4:00 o'clock P.M., Senator Kennedy of the 4th, President Pro Tempore, called the Senate to order.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
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 House substitute to SB 231 was as follows:
A BILL
To be entitled an Act 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 professional certificated personnel of school year contracts and procedure for nonrenewal of contract or demotion by another local board of education, so as to provide for a 15 work day period for professional certificated personnel to review contracts; to provide that profes sional certificated personnel employed by a school system which consolidates or merges with another school system shall continue in his or her current employment and shall retain other rights under the new system; to provide for procedures; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 20-2-942 of the Official Code of Georgia Annotated, relating to procedure for nonrenewal of contract or demotion after acceptance by professional certifi cated personnel of school year contracts and procedure for nonrenewal of contract or demo tion by another local board of education, is amended by adding two new paragraphs (6) and (7) at the end of subsection (b) of said Code section to read as follows:
"(6) Local boards offering contracts prior to April 15 shall make contract offers availa ble to professional certificated personnel for a minimum of a 15 workday review period. Professional certificated personnel accept the contract by signing and returning it any time during the 15 workday review period.
(7) (A) Professional certificated personnel employed by a county or independent local school system that becomes consolidated with or merged into another county or indepen dent local school system as provided in Article 8 of this chapter or otherwise shall retain their employment, except as provided in subparagraph (B) of this paragraph, in the newly created, or surviving, school system. Said professional certificated personnel shall retain and

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carry over all the rights already accrued and earned in the professional certificated person nel's prior school system and as set forth in this paragraph.
(B) Any reductions in staff due to loss of students or cancellation of programs in the newly created, or surviving, school system necessitated by the consolidation or merger shall be made first in preference of retaining professional certificated personnel on the basis of uniformly applied criteria set forth in local school board policies of the newly created, or surviving, school system."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Senator Deal of the 49th moved that the Senate disagree to the House substitute to SB 231.
On the motion, the yeas were 29, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SB 231.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate:
SB 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.
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 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 Speaker has appointed on the part of the House, Representatives Holmes of the 28th, Bray of the 91st and Harris of the 109th.
The following bill of the Senate was taken up for the purpose of considering the Confer ence Committee report thereon:
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

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telephone numbers of the nearest or applicable providers of emergency medical, fire, or police services.

The Conference Committee report on SB 96 was as follows:

The Committee of Conference on SB 96 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 96 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Floyd Hudgins Senator, 15th District
/s/ Roy E. Barnes Senator, 33rd District
/s/ Culver Kidd Senator, 25th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Thomas M. Kilgore Representative, 42nd District
/s/ Tom Crosby, Jr. Representative, 150th District
/s/ Suzi Johnson Herbert Representative, 76th District

Conference Committee substitute to SB 96:
A BILL
To be entitled an Act to amend Title 49 of the Official Code of Georgia Annotated, relating to social services, so as to change the provisions relating to reserves, income, and resources to be disregarded in calculating public assistance benefits; to change provisions relating to disregarded income; to provide that, for purposes of applying the $50.00 child support disregard provided for in Title IV of the federal Social Security Act, amounts paid to dependents by the Social Security Administration under the Old Age Survivors and Disa bility Insurance (OASDI) program and by the Veterans Administration and any other fam ily benefits not assignable to the state pursuant to Title IV of the federal Social Security Act shall not be considered child support; to provide that the Department of Human Re sources shall have subpoena power to secure income and other financial information relative to the eligibility of recipients in instances of alleged fraud by recipients of food stamps and public assistance; to provide for related matters; to provide that the Department of Human Resources shall not be authorized to prescribe, question, or regulate the specific content of educational 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 day-care homes and day-care centers to post telephone numbers of the nearest or applicable providers of emer gency medical, fire, or police services; to provide certain space requirements for group daycare homes and day-care centers; to change certain provisions relating to the refusal of a license to a child welfare agency applicant; to provide an effective date; to provide for repeal of certain amendments; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended by striking Code Section 49-4-6, relating to reserves, income, and resources to be disregarded in calculating public assistance benefits, in its entirety and inserting in its place a new Code Section 49-4-6 to read as follows:
"49-4-6. (a) In determining eligibility for and the amount and kind of public assistance to be provided, the board shall prescribe by regulations reasonable emergency reserves and the income and resources which may be exempt and disregarded. With respect to any cate gory of assistance, the income and resources to be disregarded shall not be in excess of the amounts and kinds authorized under the federal Social Security Act and shall not be less than the amounts and kinds of income and resources required to be disregarded by the

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federal Social Security Act and any other act of Congress relating to the assistance programs in which federal financial participation is authorized under Titles IV, XVI, XIX, and XX of the federal Social Security Act.
(b) For purposes of applying the $50.00 child support disregard provided for in Title IV of the federal Social Security Act, amounts paid by the Social Security Administration under the Old Age Survivors and Disability Insurance (OASDI) program, payments made by the Veterans Administration to the family, and any other benefits not assignable to the state pursuant to Title IV of the federal Social Security Act shall not be considered child support."
Section 2. Said title is further amended by adding a new Code section immediately following Code Section 49-4-15, to be designated Code Section 49-4-15.1, to read as follows:
"49-4-15.1. The department may examine any books, papers, or memoranda reflecting the income of, or financial records bearing upon the determination of the eligibility of, re cipients in instances of alleged fraud by recipients of food stamps and public assistance. This process may be implemented by means of a subpoena which may be issued by a de partmental hearing examiner who has at least five years' actual experience in conducting hearings and issuing compulsory process and who, in addition, shall be a member in good standing of the State Bar of Georgia. In order to consider the issuance of such subpoenas, the director of the department's office of fraud and abuse must personally make application in writing to such hearing examiner specifying why such information is necessary. If issued, such subpoenas shall compel the production of relevant documents. Subpoenas shall be served in the same manner as if issued by a superior court. If any person fails to obey a subpoena issued and served under this Code section with respect to any matter germane to the department's investigation, on application of the department, through the commissioner of human resources or his duly authorized representative, the superior court of the county in which the documents were required to be produced may issue an order requiring the person to comply with the subpoena and to produce the relevant documents."
Section 3. Said title is further amended by adding at the end of subsection (b) of Code Section 49-5-12, relating to licensing and inspection of private and public child welfare agencies and facilities, three new paragraphs, to be designated paragraphs (5), (6), and (7), to read as follows:
"(5) The department shall not be authorized to prescribe, question, or regulate the spe cific content of educational curriculum taught or specify 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 to designate in writing to the department a daily two-hour period after school during which 25 square feet of usable space per child for children aged three years and older may be pro vided. Notwithstanding the provisions of this paragraph, all other applicable rules and regu lations shall apply."
Section 4. Said title is further amended by striking paragraph (1) of subsection (e.l) of Code Section 49-5-12, relating to licensing and inspection of private and public child welfare agencies and facilities, and inserting in its place a new paragraph (1) to read as follows:
"(1) Noncompliance with the Rules and Regulations for Day Care Centers, Family Day Care Homes, 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;".

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Section 5. (a) This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
(b) Subsection (b) of Code Section 49-4-6, as amended by Section 1 of this Act, is re pealed effective on the date on which the federal acts referenced herein or any federal regu lations or interpretations of such act or regulations by the federal agency or a judicial deci sion binding on the State of Georgia are amended or changed to allow federal financial participation in AFDC payments which treat social security disability benefits or veterans' benefits in the same manner as other child support payments."
Section 6. 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 96.

Senator Howard of the 42nd inquired of the Chair whether the Conference Committee report was germane to SB 96.

Senator Kennedy of the 4th, President Pro Tempore, who was presiding, ruled that the Conference Committee report was germane to SB 96.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bowen Broun of 46th Bryant Coleman Dean Echols

Edge English Fincher Foster Garner Gillis Harris Harrison Hudgins Huggins

Kidd Land McKenzie Olmstead Ragan Ray Timmons Tolleson Turner Walker

Those voting in the negative were Senators:

Allgood Brannon Burton Coverdell Crumbley Dawkins Deal Engram

Hine Howard Langford McGill Newbill Peevy Phillips

Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Tysinger

Those not voting were Senators:

Brown of 47th (excused) Kennedy (presiding)

Perry

On the motion, the yeas were 30, nays 22; the motion prevailed, and the Senate adopted the Conference Committee report on SB 96.

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The following local resolution of the House was taken up for the purpose of considering the Conference Committee report thereon:

HR 109. By Representatives Redding of the 50th, Robinson of the 58th, Richardson of the 52nd and others:
A resolution creating the DeKalb County Government Study Commission.

The Conference Committee report on HR 109 was as follows:

The Committee of Conference on HR 109 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HR 109 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Culver Kidd Senator, 25th District
/s/ Gene Walker Senator, 43rd District
/s/ Lawrence Stumbaugh Senator, 55th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Frank Redding Representative, 50th District
/s/ Cas M. Robinson Representative, 58th District
/s/ Betty Jo Williams Representative, 48th District

Conference Committee substitute to HR 109:

A RESOLUTION
Creating the DeKalb County Government Study Commission; and for other purposes.
WHEREAS, the government of DeKalb County was completely reorganized by an Act of the General Assembly adopted in 1981; and
WHEREAS, the General Assembly has found it necessary to amend the reorganization law several times since its enactment; and
WHEREAS, legal questions have arisen concerning the respective powers of the Chief Executive Officer, the Board of Commissioners of DeKalb County, and their functions; and
WHEREAS, the nature of the new government of DeKalb County with its separation of executive and legislative powers has caused confusion in the application of certain laws to the new government; and
WHEREAS, a systematic review of the new government and the problems described above should be undertaken in order to identify all those changes that should be made in the reorganization law to avoid the necessity of annual amendment of such law.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the DeKalb County Government Study Commission is created. The com mission shall be composed of 11 members as follows:
(1) Three members of the Senate whose senatorial districts lie within DeKalb County appointed by the chairperson of the Senate delegation from DeKalb County;
(2) Three members of the House of Representatives whose representative districts lie within DeKalb County appointed by the chairperson of the House delegation from DeKalb County;
(3) Two members of the Board of Commissioners of DeKalb County elected by said board of commissioners. In the event the board of commissioners fails to make appoint-

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ments by the designated time, the Chief Executive Officer shall appoint such members within five days;
(4) Two citizens of DeKalb County appointed by the Chief Executive Officer of DeKalb County. In the event the Chief Executive Officer fails to make appointments by the desig nated time, the board of commissioners shall make such appointments within five days; and
(5) One member of the DeKalb County Chamber of Commerce appointed by the gov erning body of such organization.
BE IT FURTHER RESOLVED that all members of the commission shall be elected or appointed by April 10, 1987. The chairperson of the Senate delegation from DeKalb County and the chairperson of the House delegation from DeKalb County shall each appoint a cochairperson of the commission. The cochairperson appointed by the House delegation shall preside. The organizational meeting of the commission shall be held at the call of the cochairpersons. At the organizational meeting the commission shall elect from its own mem bership such other officers as it finds necessary or desirable. The commission may adopt such rules or policies governing its operation and procedures as it finds necessary or desira ble. The members of the commission shall serve without compensation and may not be re imbursed from public funds for expenses incurred by them in carrying out their duties as members of the commission. The commission may meet at such times and places as may be necessary to carry out its duties.
BE IT FURTHER RESOLVED that it shall be the duty of the commission to make a systematic study of the DeKalb County government and the reorganization law adopted in 1981. The purpose of the study will be to identify those changes which need to be made in the reorganization law to solve problems heretofore described in this resolution and to achieve the efficient and effective functioning of the DeKalb County government. Among other things, the commission is authorized to review the 1986 study of DeKalb County gov ernment undertaken by the Carl Vinson Institute of Government of the University of Geor gia. The Board of Commissioners of DeKalb County is requested to provide reasonable cler ical and administrative support as needed by the study commission.
BE IT FURTHER RESOLVED that the commission shall complete its study by De cember 1, 1987, and submit its recommendations by December 31, 1987, to the members of the General Assembly who represent any portion of DeKalb County and to the Chief Execu tive Officer of DeKalb County and to each member of the Board of Commissioners of DeKalb County. The commission shall stand abolished upon the completion and submission of its report.
Senator Stumbaugh of the 55th moved that the Senate adopt the Conference Commit tee report on HR 109.
On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HR 109.
Senator Kidd of the 25th moved that the Senate reconsider its action previously today in insisting upon the Senate amendment to the following bill of the House:
HB 1035. By Representatives McDonald of the 12th, Murphy of the 18th and Walker of the 115th:
A bill to amend Article 1 of Chapter 9 of Title 10 of the Official Code of Georgia Annotated, relating to general provisions affecting the Geo. L. Smith II Georgia World Congress Center, so as to authorize the Geo. L. Smith II Georgia World Congress Center Authority by contract to exercise its corporate powers with re spect to convention and trade show facilities of counties, municipalities, and local authorities.

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On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate reconsid ered its action previously today in insisting upon the Senate amendment to HB 1035.
The following bill of the House was taken up for the purpose of considering the House action thereon:
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.
Senator Kidd of the 25th moved that the Senate adhere to the Senate substitute to HB 107, and that a Conference Committee be appointed.
On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 107.
Senator Hine of the 52nd moved that, pursuant to Senate Rule 156, the Senate instruct its conferees to uphold the position of the Senate and not compromise in the consideration of HB 107.
On the motion offered by Senator Hine of the 52nd, the yeas were 15, nays 18; the motion was lost.
Pursuant to the motion offered by Senator Kidd of the 25th and previously adopted, Senator Kennedy of the 4th, President Pro Tempore, appointed as a Conference Committee on the part of the Senate the following:
Senators Kidd of the 25th, Hudgins of the 15th and Albert of the 23rd.
The following bill of the House was taken up for the purpose of considering the House action thereon:
HB 917. By Representatives Childs of the 53rd, Richardson of the 52nd, Steinberg of the 46th and others: A bill to amend an Act providing a supplement to the compensation, expenses, and allowances of the judges of the superior court of the Stone Mountain Judicial Circuit, so as to change the amount of such supplement.
Senator Stumbaugh of the 55th moved that the Senate adhere to the Senate amend ment to HB 917, and that a Conference Committee be appointed.
On the motion, the yeas were 30, nays 0; the motion prevailed, and the Senate adhered to the Senate amendment to HB 917.
Senator Kennedy of the 4th, President Pro Tempore, who was presiding, appointed as a Conference Committee on the part of the Senate the following:
Senators Howard of the 42nd, Walker of the 43rd and Tysinger of the 41st.

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The following resolution of the House was taken up for the purpose of considering the House amendment to the Senate substitute thereto:

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.

The House amendment was as follows:

Amend the Senate substitute to HR 125 by striking from the title on line 1 of page 1 the word "conveyance" and inserting in lieu thereof the word "lease".
By striking from the title, beginning on line 3 of page 1, the following:
"to provide a termination date under certain conditions;".
By striking in its entirety Section 2, beginning on line 25 of page 2 and continuing through line 8 of page 3, and inserting in lieu thereof a new Section 2 to read as follows:
"Section 2. That the State of Georgia, acting by and through the State Properties Com mission, is authorized to lease the hereinabove described tract of land to the First Presbyte rian Church of Milledgeville, subject to the following conditions:
(1) That the consideration for the lease shall be $100.00 per year;
(2) That the term of any lease agreement executed pursuant to the authority of this resolution shall be concurrent with the term of the present lease between the State of Geor gia and the First Presbyterian Church of Milledgeville; and
(3) Such other terms and conditions as determined by the State Properties Commission to be in the best interests of the state."
By striking from Section 3 on line 11 of page 3 the word "conveyance" and inserting in lieu thereof the word "leasing".
By striking in its entirety Section 6 on lines 24 through 28 on page 3.
By renumbering Sections 7 and 8 on page 4 as Sections 6 and 7, respectively.

Senator Kidd of the 25th moved that the Senate agree to the House amendment to the Senate substitute to HR 125.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen Brannon Broun of 46th Bryant Burton Coleman Coverdell Crumbley Deal Echols Edge English

Engram Fincher Foster Garner Gillis Harris Harrison Hine Hudgins Huggins Kidd 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

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Those not voting were Senators:

Barker Brown of 47th (excused) Dawkins

Dean Howard

Kennedy (presiding) McKenzie

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HR 125.

The following bill of the Senate was taken up for the purpose of considering the House action thereon:

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.

Senator Garner of the 30th moved that the Senate adhere to its disagreement to the House substitute to SB 315, and that a Conference Committee be appointed.

On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House substitute to SB 315.

Senator Kennedy of the 4th, President Pro Tempore, who was presiding, appointed as a Conference Committee on the part of the Senate the following:

Senators Kidd of the 25th, Garner of the 30th and Harrison of the 37th.

The following bill of the Senate was taken up for the purpose of considering the House amendments thereto:

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.

The House amendments were as follows:

Amendment No. 1: Amend SB 336 by striking from line 5 of page 1 the following: "a project",
and inserting in its place the following: "certain projects". By adding on line 21 of page 1, after the following: "produced from a",
the following: "solid waste".

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Amendment No. 2: Amend SB 336 as follows: On line 26, page 1, after the word "Chapter", delete the number "2" and add in its
place the number "3". Amendment No. 3:
Amend SB 336 as follows: Insert on page 1, line 27, after the words "1979", the following: "In the event that the immediately preceding sentence of this subsection (a) shall for any reason be held invalid the remaining provisions of this subsection and this Code Section shall remain in full force and effect".
Senator Scott of the 2nd moved that the Senate agree to the House amendments to SB 336.
On the motion, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Bowen Brannon
nBCoruylreftomnntan Coverdell Crumbley Dawkins Deal Dean Echols

Edge English Engram Fincher Foster Gillis
H,," aarmrisson Hlne Huggms Land Langford McGill Newbill

Those not voting were Senators:

Olmstead Peevy Perry Phillips Ray Scott of 2nd
SS0hc1outm.t1aokfe36th Starr Stumbaugh Tate Timmons Tolleson Turner

Albert Broun of 46th Brown of 47th (excused) Garner

Howard Hudgins Kennedy (presiding) Kidd

McKenzie Ragan Tysinger Walker

On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate agreed to the House amendments to SB 336.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

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Mr. President:
The House has discharged Conference Committee #1 and has appointed Conference Committee #2 on the following bill of the House:
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 Speaker has appointed on the part of the House, Representatives Robinson of the 96th, Wood of the 9th and Watson of the 114th.
The House has discharged Conference Committee #1 and has appointed Conference Committee #2 on the following bill 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.
The Speaker has appointed on the part of the House, Representatives Bray of the 91st, Holmes of the 28th and Steinberg of the 46th.
The following bill of the House was taken up for the purpose of considering the House action thereon:
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.
Senator Coleman of the 1st moved that the Senate adhere to the Senate substitute to HB 652, and that a Conference Committee be appointed.
On the motion, the yeas were 32, nays 1; the motion prevailed, and the Senate adhered to the Senate substitute to HB 652.
Senator Kennedy of the 4th, President Pro Tempore, who was presiding, appointed as a Conference Committee on the part of the Senate the following:
Senators Coleman of the 1st, Fincher of the 54th and Dean of the 31st.
The following bill of the Senate was taken up for the purpose of considering the Confer ence Committee report thereon:
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-

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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 Conference Committee report on SB 170 was as follows:

The Committee of Conference on SB 170 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 170 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Bill English Senator, 21st District
/s/ Roy E. Barnes Senator, 33rd District
/s/ Culver Kidd Senator, 25th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Bob Holmes Representative, 28th District
/s/ Claude A. Bray, Jr. Representative, 91st District
/s/ Larry Parrish Representative, 109th District

Conference Committee 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 change the provisions relating to appointment of clerks by probate judges; 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, relating 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 appointment 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 com missioner; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 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 discharge the duties of 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 there are six months or less remaining in a term of office, the chief deputy clerk shall discharge the duties of the clerk of the superior court for the remainder of the unexpired term of office; or
(2) If there are more than six months remaining in a term of office, the chief deputy

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clerk shall discharge the duties of the clerk of the superior court until such vacancy is filled for the unexpired term of office by a special 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 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 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 discharge the duties of the office of the judge of the probate court. The chief clerk of the probate judge shall receive such compensation for performing the duties of such judge as provided for by the governing authority of the county.
(b) Vacancies in the office of judge of the probate court having a chief clerk as provided for in subsection (a) of this Code section shall be filled as follows:
(1) If there are six months or less remaining in a term of office, the chief clerk shall discharge the duties of the judge of the probate court for the remainder of the unexpired term of office; or
(2) If there are more than six months remaining in a term of office, the chief clerk shall discharge the duties of the judge of the probate court until such vacancy is filled for the unexpired term of office by a special 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 upon the incapacity or inabil ity of such probate judge to serve until such incapacity or inability is removed or for the remainder of the unexpired term of office, whichever occurs first."
Section 3. Said title is further amended by striking subsection (a) of Code Section 15-936, 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 4. 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 a successor is duly elected in a special election which shall be held at the time of the next general election to serve out the remainder of the unexpired term of office."
Section 5. 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 a successor is duly elected in a special election which shall be held at the time of the next general election to serve out the remainder of the unexpired term of office."
Section 6. Title 48 of the Official Code of Georgia Annotated, relating to revenue and

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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 7. 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 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 discharge the duties of the office of such appointing tax official if a vacancy occurs. Such chief deputy shall receive such compensation for performing such duties as provided for by the governing authority of the county.
(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 there are six months or less remaining in a term of office, such chief deputy shall discharge the duties of such appointing tax official for the remainder of the unexpired term of office; or
(2) If there are more than six months remaining in a term of office, such chief deputy shall discharge the duties of such appointing tax official until such vacancy is filled for the unexpired term of office by a special 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 upon the inca pacity or inability of such appointing tax official to serve until such incapacity or inability is removed or for the remainder of the unexpired term of office, whichever occurs first."
Section 8. This Act shall become effective on July 1, 1987 and shall apply to any va cancy existing on July 1, 1986, or arising after that date.
Section 9. All laws and parts of laws in conflict with this Act are repealed.

Senator English of the 21st moved that the Senate adopt the Conference Committee report on SB 170.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Bowen Brannon Bryant Burton Coleman Coverdell

Crumbley Dawkins Deal Dean Echols Edge English Engram Fincher

Foster Gillis Hine Huggins Land Langford McGill Newbill Olmstead

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Peevy Perry Ragan Ray

Scott of 2nd Scott of 36th Shumake Starr

Stumbaugh Tate Timmons Turner

Those not voting were Senators:

Albert Barnes Broun of 46th Brown of 47th (excused) Garner Harris

Harrison Howard Hudgins Kennedy (presiding) Kidd

McKenzie Phillips Tolleson Tysinger Walker

On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on SB 170.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

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 House substitute to SB 162 was as follows:

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 starf; 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 provide for construction and interpretation of certain provisions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, is amended by adding 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

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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 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.

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(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 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.

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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 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

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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 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.
49-5-155. (a) This article shall in no way preempt, duplicate, or supersede services, du ties, or other functions performed pursuant to law or regulations by the Division of Youth Services of the Department of Human Resources.
(b) Other than the Division of Youth Services of the Department of Human Resources, the Juvenile Justice Coordinating Council created pursuant to Code Section 49-5-132 shall

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be the only other authorized controlling recipient entity for grants under the United States Department of Justice Juvenile Justice Delinquency and Prevention Grants."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Deal of the 49th moved that the Senate agree to the House substitute to SB 162.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Bowen Brannon Broun of 46th Bryant Burton Coverdell Crumbley Dawkins Deal Dean Echols

Edge English Engram Foster Gillis Harris Harrison Hine Howard Huggins Land Langford McGill McKenzie

Newbill Olmstead Peevy Perry Phillips Ray Scott of 36th Shumake Starr Stumbaugh Tate Timmons Tolleson Turner

Those not voting were Senators:

Albert Barnes Brown of 47th (excused) Coleman Fincher

Garner Hudgins
, Kennedy (presiding) Kidd

Ragan Scott of 2nd Tysmger Walker

On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 162.

The following bills of the Senate were taken up for the purpose of considering the Con ference Committee reports thereon:

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.

The Conference Committee report on SB 286 was as follows:

The Committee of Conference on SB 286 recommends that both the Senate and the

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House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 286 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Pierre Howard Senator, 42nd District
/s/ Edward Hine, Jr. Senator, 52nd District
/s/ Alex Crumbley Senator, 17th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ George F. Green Representative, 106th District
/s/ E. M. Childers Representative, 15th District
/s/ Jim Pannell Representative, 122nd District

Conference Committee substitute to SB 286:

A BILL
To be entitled an Act to amend Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to licensure of physicians, so as to provide for the issuance of licenses to teach or demonstrate medicine; to require the Composite State Board of Medical Examiners to investigate a licensee's fitness to practice medicine if the board receives cer tain notifications regarding judgments or settlements relating to medical malpractice claims or relating to the practice of medicine; to provide for settlement notifications; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to licensure of physicians, is amended by adding after Code Section 43-34-29 a new Code section to read as follows:
"43-34-29.1. Notwithstanding any other law to the contrary, the board may issue, in its discretion, without examination, a teacher's license to licensed physicians of other states and foreign countries for the sole purpose of teaching or demonstrating medicine in a board approved medical college or its affiliated clinic in this state."
Section 2. Said article is further amended by adding at the end of Code Section 43-3437, relating to disciplinary sanctions by the Composite State Board of Medical Examiners, a new subsection to read as follows:
"(i) The board shall investigate a licensee's fitness to practice medicine if the board has received regarding that licensee a notification, pursuant to Code Section 33-3-27, of a medi cal malpractice judgment or settlement in excess of $100,000.00 or a notification pursuant to Code Section 33-3-27 that there have been two or more previous judgments against or set tlements with the licensee relating to the practice of medicine. Every licensee shall notify the board of any settlement involving the licensee and relating to the practice of medicine in excess of $20,000.00."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Howard of the 42nd moved that the Senate adopt the Conference Committee report on SB 286.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Bowen

Brannon Broun of 46th Bryant Burton Coverdell

Crumbley Dawkins Deal Dean Edge

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English Engram Fincher Foster Gillis Harris Harrison Hine Howard Huggins

Land Langford McGill McKenzie Newbill Olms tead Peevy Perry Phillips Ragan

Ray Scott of 36th Shumake Starr Stumbaugh Tate
Timmons Tolleson Turner

Those not voting were Senators:

Albert Brown of 47th (excused) Coleman Echols

Garner Hudgins Kennedy (presiding) Kidd

Scott of 2nd Tysinger Walker

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on SB 286.

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 Conference Committee report on SB 264 was as follows:
The Committee of Conference on SB 264 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 264 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Arthur Langford Senator, 35th District
/s/ Wayne Garner Senator, 30th District
/s/ Beverly Engram Senator, 34th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Kenneth Waldrep Representative, 80th District
/s/ John Simpson Representative, 70th District
/s/ Betty Jo Williams Representative, 48th District

Conference Committee substitute to SB 264:

A BILL
To be entitled an Act 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; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 2 of Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to subpoenas and notice to produce evidence, is amended by striking in its entirety Code Section 24-10-27, relating to witness fees for police officers and certain other public safety officers, and inserting in lieu thereof a new Code Section 24-10-27 to read as follows:
"24-10-27. Notwithstanding any other provision in this article, any member of the Geor-

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gia State Patrol, Georgia Bureau of Investigation, or municipal or county police force or any deputy sheriff or any correctional officer or any campus policeman as defined in Code Sec tion 20-8-1 or any arson investigator of the state fire marshal's office or a member of a local fire department who shall be required by writ of subpoena to attend any superior court, other courts having jurisdiction to enforce the penal laws of this state, municipal or police court having jurisdiction to enforce the penal laws of this state as provided by Code Section 40-13-21, juvenile court, or grand jury, or hearing or inquest held or called by a coroner, or magistrate court involving any criminal matter, as a witness on behalf of the state during any hours except the regular duty hours to which the officer is assigned, shall be paid for such attendance at a rate fixed by the court, but not less than the per diem paid grand jurors in the preceding term of the superior court of such county or $20,00 per diem, which ever is greater. The claim for the witness fees shall be endorsed on the subpoena showing the dates of attendance and stating that attendance was required during the hours other than the regular duty hours to which the claimant was assigned. The claimant shall verify this statement. The dates of attendance shall be certified by the judge or the prosecuting attorney of the court attended. The director of the Georgia Bureau of Investigation, the commanding officer of the Georgia State Patrol, the chief of police, the sheriff, the superin tendent of the institution, the director of public safety of a college or university, or the state fire marshal or the local fire chief shall certify that the claimant has been paid no additional compensation nor given any time off on account of such service. The amount due shall be paid by the governing body authorized to dispense public funds for the operation of the court. However, no such officer may claim or receive more than one witness fee per day for attendance in any court or before the grand jury regardless of the number of subpoenas which the officer may have received requiring him to appear in such court or before the grand jury on any one day."
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 Langford of the 35th moved that the Senate adopt the Conference Committee report on SB 264.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Barker Barnes Bowen Brannon Broun of 46th Bryant Burton Coverdell Crumbley Dean Echols Edge

Engram Fincher Foster Gillis Harris Harrison Hudgins Huggins Kidd Land Langford McGill McKenzie Newbill

Olmstead Peevy Perry Phillips Ragan Ray Scott of 2nd Scott of 36th Shumake Starr Tate Timmons Tolleson Turner

Those not voting were Senators:

Baldwin Brown of 47th (excused) Coleman

Dawkins Deal English

Garner Hine Howard

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Kennedy (presiding) Stumbaugh

Tysinger

Walker

On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on SB 264.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House insists on its position in disagreeing to the Senate amendment, and has appointed a Committee of Conference on the part of the House to confer with a like com mittee on the part of the Senate on the following bill of the Senate:

HB 541. By Representative Athon of the 57th:
A bill to amend Article 6 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to anatomical gifts, so as to provide that a bank or storage facility must be licensed, accredited, or approved under the laws of this state; to provide that a hospital shall maintain a written cooperative agreement with at least one bank or storage facility for the purpose of procuring anatomical gifts.

The Speaker has appointed on the part of the House, Representatives Athon of the 57th, Mangum of the 57th and Childers of the 15th.

The House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate:

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 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 House has adopted, by substitute, by the requisite constitutional majority the fol lowing resolutions of the Senate:

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 147. By Senators Tysinger of the 41st, Scott of the 2nd and Brown of the 47th:
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.

Senator Kidd of the 25th moved that, since the First Conference Committee report on

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the following resolution of the Senate had been rejected by the Senate, a Second Conference Committee be appointed:
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.
On the motion, the yeas were 30, nays 4; the motion prevailed.
Senator Kennedy of the 4th, President Pro Tempore, who was presiding, appointed as a Second Conference Committee on the part of the Senate the following:
Senators Kidd of the 25th, Hudgins of the 15th and Walker of the 43rd.
The following bill of the House was taken up for the purpose of considering the House action thereon:
HB 541. By Representative Athon of the 57th: A bill to amend Article 6 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to anatomical gifts, so as to provide that a bank or storage facility must be licensed, accredited, or approved under the laws of this state; to provide that a hospital shall maintain a written cooperative agreement with at least one bank or storage facility for the purpose of procuring anatomical gifts.
Senator Howard of the 42nd moved that the Senate adhere to the Senate amendment to HB 541, and that a Conference Committee be appointed.
On the motion, the yeas were 31, nays 2; the motion prevailed, and the Senate adhered to the Senate amendment to HB 541.
Senator Kennedy of the 4th, President Pro Tempore, who was presiding, appointed as a Conference Committee on the part of the Senate the following:
Senators Howard of the 42nd, Hine of the 52nd and Crumbley of the 17th.
The following resolution and bill of the Senate were taken up for the purpose of consid ering the House substitutes 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.
The House substitute to SR 92 was as follows:
A RESOLUTION Creating the Land Information System Joint Study Committee; and for other purposes. WHEREAS, local governments have a crucial need for detailed and current information regarding tracts of land located within their jurisdictions; and WHEREAS, such information has a significant impact on a local government's decisionmaking abilities in such areas as tax appraisal, road development and maintenance, zoning, and growth management; and WHEREAS, in order to assist in decision making, land information should be organized

THURSDAY, MARCH 12, 1987

2201

and available in a manner that is retrievable and usable by state and local officials and citizens; and
WHEREAS, Barrow County has initiated a pilot program to develop a county-wide Land Information System which will provide this much needed data and information to assist the county and the region in making optimum use of land; and
WHEREAS, the Barrow County pilot program has generated wide-spread interest from other local governments, the Area Planning and Development Commissions, and various citizen interest groups; and
WHEREAS, further study needs to be undertaken to determine the feasibility of devel oping on a state-wide basis land information systems and standards and procedures for such systems.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Land Information System Joint Study Committee, to be composed of ten members: two members of the Senate appointed by the President of the Senate; two members of the House of Representatives appointed by the Speaker of the House; the Secretary of State or his designee; the commissioner of natural resources or his designee; the commissioner of transportation or his designee; the commissioner of commu nity affairs or his designee; and two members appointed by the Governor, one from the membership of the Association of County Commissioners of Georgia and one from the mem bership of the Georgia Municipal Association. The members of the committee shall elect one of the members to serve as chairman.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the con ditions, needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the Senate and House of Representatives shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than five days. The funds necessary to carry out the provisions of this resolution shall come from the funds of the legislative branch of government. In the event the committee makes a report of its find ings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 15, 1987, on which date the committee shall stand abolished.

Senator Peevy of the 48th moved that the Senate agree to the House substitute to SR 92.

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 Broun of 46th Bryant Burton Coverdell Crumbley Dawkins Deal Dean Echols

Edge English Fincher Foster Gillis Harris Harrison Howard Hudgins Huggins Land McGill McKenzie

Newbill Olmstead Peevy Perry Phillips Ragan Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate

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JOURNAL OF THE SENATE

Timmons Tolleson

Turner Tysinger

Walker

Those not voting were Senators:

Barker Barnes Brannon Brown of 47th (excused)

Coleman Engrarn Garner Hine

Kennedy (presiding) Kidd Langford

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SR 92.

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 House substitute to SB 28 was as follows:

A BILL
To be entitled an Act to amend Article 1 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions concerning salaries and fees of certain public officers and employees, so as to provide that a state employee injured in the line of duty by an act of violence for which such employee would be eligible for workers' compensa tion benefits shall be entitled to his regular compensation for the period of time that such state employee is physically unable to perform the duties of his employment; to define cer tain terms; to provide certain limitations; to provide procedures; to provide for a reduction in benefits provided by this Act when the injured state employee is entitled to receive work ers' compensation benefits; to provide certain exceptions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions concerning salaries and fees of certain public officers and em ployees, is amended by striking in its entirety Code Section 45-7-9, relating to compensation for certain line-of-duty injuries of law enforcement officers, firemen, employees of the De partment of Corrections, and employees of the State Board of Pardons and Paroles, which read as follows:
"45-7-9. (a) As used in this Code section, the term:
(1) 'Fireman' means any person who is employed as a professional firefighter on a fulltime basis of at least 40 hours per week by a state government fire department who has the responsibility of preventing and suppressing fires, protecting life and property, and enforc ing state fire prevention codes, as well as enforcing any law pertaining to the prevention and control of fires.
(2) 'Law enforcement officer' means any agent or officer employed by the State of Geor gia who, as a full-time or part-time employee, is vested either expressly by law or by virtue of public employment or service with authority to enforce the criminal or traffic laws and whose duties include the preservation of public order, the protection of life and property, or the prevention, detection, or investigation of crime. Such term also includes the employees designated by the commissioner of human resources pursuant to paragraph (2) of subsection (i) of Code Section 49-5-10, which employees have the duty to investigate and apprehend

THURSDAY, MARCH 12, 1987

2203

delinquent and unruly children who have escaped from a facility under the jurisdiction of the Department of Human Resources or who have broken the conditions of supervision. Such term shall not include narcotics agents as provided for in Code Section 35-3-9.
(b) (1) Any employee of the Department of Corrections, employee of the State Board of Pardons and Paroles, or law enforcement officer who, on or after July 1, 1986, is injured in the line of duty by an act of external violence or injury shall be entitled to receive compen sation as provided in this Code section.
(2) Any fireman who, on or after July 1, 1986, is injured in the line of duty shall be entitled to receive compensation as provided in this Code section.
(c) An employee of the Department of Corrections, employee of the State Board of Pardons and Paroles, fireman, or law enforcement officer injured in the line of duty as pro vided in subsection (b) of this Code section shall continue to receive his regular compensa tion for the period of time that the employee or officer is physically unable to perform the duties of his employment; provided, however, that such benefits provided in this Code sec tion shall not be granted for injuries resulting from a single incident for more than a total of 180 working days. An employee, fireman, or officer shall be required to submit to his depart ment head satisfactory evidence of such disability.
(d) Benefits made available under this Code section shall be subordinate to any work ers' compensation benefits for which the employee, fireman, or officer is eligible and shall be limited to the difference between the amount of available workers' compensation benefits and the amount of the employee's, fireman's, or officer's regular compensation.
(e) Any employee of the Department of Corrections, employee of the State Board of Pardons and Paroles, or law enforcement officer who qualifies for disability allowances pur suant to Code Section 47-2-221 shall not be entitled to any benefits provided in this Code section.",
and inserting in lieu thereof a new Code Section 45-7-9 to read as follows:
"45-7-9. (a) As used in this Code section, the term:
(1) 'Agency' means every state department, agency, board, bureau, commission, and authority.
(2) 'State employee' means a full-time employee of an agency.
(b) A state employee injured in the line of duty by an act of violence or who is injured while working in the proximity of traffic movements or equipment movements and doing maintenance, construction, or other activities which may be construed as hazardous for which such employee would be eligible for workers' compensation benefits shall continue to receive his regular compensation for the period of time that the employee or officer is physi cally unable to perform the duties of his employment; provided, however, that such benefits provided in this Code section shall not be granted for injuries resulting from a single inci dent for more than a total of 180 working days. An employee, fireman, or officer shall be required to submit to his department head satisfactory evidence of such disability.
(c) Benefits made available under this Code section shall be subordinate to any workers' compensation benefits for which the employee, fireman, or officer is eligible and shall be limited to the difference between the amount of available workers' compensation benefits and the amount of the employee's, fireman's, or officer's regular compensation.
(d) Any employee of the Department of Corrections, employee of the State Board of Pardons and Paroles, employee of the Department of Natural Resources, employee of the Department of Revenue, or law enforcement officer who qualifies for disability allowances pursuant to Code Section 47-2-221 shall not be entitled to any benefits provided in this Code section."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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JOURNAL OF THE SENATE

Senator Garner of the 30th moved that the Senate disagree to the House substitute to SB 28.

On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SB 28.

The following bill of the Senate was taken up for the purpose of considering the Confer ence Committee report thereon:

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 Conference Committee report on SB 113 was as follows:

The Committee of Conference on SB 113 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 113 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Roy E. Barnes Senator, 33rd District
/s/ J. Tom Coleman, Jr. Senator, 1st District
/s/ J. Nathan Deal Senator, 49th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Tommy Chambless Representative, 133rd District
/s/ Denmark Groover Representative, 99th District
/s/ Charles A. Thomas, Jr. Representative, 69th District

Conference Committee 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 or associations, nonprofit, charitable, or eleemosynary institutions or organizations, or local governmental entities immunity from civil liability under certain conditions; to provide for definitions; to provide for applicability; to provide such immunity to be supplemental; to provide for related matters; to provide immunity from civil liability to certain health care providers or other entities providing professional services without compensation or the expectation thereof; to provide exceptions; 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) A person serving with or without compensation as a member, director, or trustee, or as an officer of the board without compensation, of any nonprofit hospital or association or of any nonprofit, charitable, or eleemosynary institution or organization or of any local governmental agency, board, authority, or entity shall be immune from civil liabil ity for any act of or any omission to act arising out of such service if such person was acting

THURSDAY, MARCH 12, 1987

2205

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.
(b) As used in this Code section, the term 'compensation' shall not include reimburse ment for reasonable expenses related to said services.
(c) This Code section shall not affect any immunity of any person arising from any source, whether or not such person may additionally be subject to and possess an immunity provided by this Code section. The immunity provided by this Code section shall be supple mental to any such existing immunity."
Section 2. Said chapter is further amended by inserting immediately following Code Section 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) Without waiving or affecting and cumulative of any existing immunity from any source, 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, 30, or 34 of Title 43 who voluntarily and without the expectation or receipt of compensation provides professional services, 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, or nonprofit organization which requests, spon sors, or participates in the providing 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 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Deal of the 49th moved that the Senate adopt the Conference Committee re port on SB 113.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Brannon Broun of 46th Bryant
pj ea l Echols Edge Engram Fincher Foster

Gillis Harris Harrison Hine Howard
Hudgins
Kidd 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

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JOURNAL OF THE SENATE

Those not voting were Senators:

Barker Barnes Bowen Brown of 47th (excused)

Coleman Coverdell Dean English

Garner Huggins Kennedy (presiding) Shumake

On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on SB 113.

The following resolution of the House was taken up for the purpose of considering the House amendment to the Senate substitute thereto:

HR 275. By Representative Moody of the 153rd:
A resolution authorizing the conveyance of certain state owned property located in Brantley County, Georgia, to the Johns Timber Company.

The House amendment was as follows:

Amend the Senate substitute to HR 275 by adding in the title on line 5 of page 1, between the word and symbol "Georgia;" and the word "to", the following:
"to authorize the conveyance of certain state owned property located in Fulton County, Georgia, to the City of Atlanta, Georgia;".
By adding between lines 28 and 29 on page 2 the following:
"WHEREAS:
(1) The State of Georgia is the owner of certain real property located in Fulton County, Georgia; and
(2) Said real property is described as all or a portion of that certain property lying and being in Land Lots 25 and 8 of the 14th District of Fulton County, Georgia, formerly known as U.S. Honor Farm No. 1 bounded by McDonough Boulevard, Thomasville Boulevard, Southern Railway, and New Town Circle containing 24.348 acres; and
(3) The property is no longer needed by the State of Georgia; and
(4) The City of Atlanta, Georgia, is desirous of obtaining all of the above-described real property located in Fulton County to be used for city purposes."
By striking in its entirety "Article 3" on page 4 and inserting in lieu thereof new Article 3 and 4 to read as follows:
"Article 3.
Section 3. (a) That the State of Georgia is the owner of the above-described property located in Fulton County, Georgia, and that in all matters relating to the conveyance of the property the State of Georgia is acting by and through the State Properties Commission.
(b) That the State Properties Commission is authorized to convey all or a portion of the above-described real property located in Fulton County to the City of Atlanta, Georgia, in exchange for real property owned by the City of Atlanta and conveyed by the City of At lanta to the State of Georgia, provided that the real properties exchanged are of equal value as determined by the State Properties Commission.
(c) That the above-described real property located in Fulton County, Georgia, shall be conveyed and exchanged upon such other terms and conditions as the State Properties Commission shall determine to be in the best interest of the State of Georgia.

THURSDAY, MARCH 12, 1987

2207

Article 4. Section 4. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 5. That all laws and parts of laws in conflict with this resolution are repealed."
Senator Echols of the 6th moved that the Senate disagree to the House amendment to the Senate substitute to HR 275.
On the motion, the yeas were 31, nays 0; the motion prevailed, and the Senate disagreed to the House amendment to the Senate substitute to HR 275.
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 substituting the following bill of the Senate:
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.
The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate:
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 House has adopted, by substitute, by the requisite constitutional majority the fol lowing resolution of the Senate:
SR 126. By Senator Howard of the 42nd: A resolution creating the Economic Development Through Historic Preservation Joint Study Committee.
The following resolution and bill of the Senate were taken up for the purpose of consid ering the House substitute thereto:
SR 126. By Senator Howard of the 42nd: A resolution creating the Economic Development Through Historic Preservation Joint Study Committee.
The House substitute to SR 126 was as follows:
A RESOLUTION Creating the Economic Development Through Historic Preservation Joint Study Com mittee; and for other purposes.

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JOURNAL OF THE SENATE

WHEREAS, historic preservation has been one of the least recognized major economic development tools in Georgia; and
WHEREAS, during the 1986 legislative interim, a Senate and a House study committee initiated a review of historic preservation efforts in selected areas of the state; and
WHEREAS, these study committees received information and economic data which clearly indicated that the investment capital applied to historic preservation projects has a substantial multiplier effect on the local economy of cities and towns across the state; and
WHEREAS, historic preservation increased considerably such economic indicators as the number of jobs created, tax revenues generated, increased retail sales, growth in capital invested, and increased efficiency through the use of existing utility networks and govern mental infrastructure; and
WHEREAS, these indicators are in addition to the more obvious ones of increased tour ism and the attraction of new business through the esthetic enhancement of the downtown district in those cities engaged in preservation projects; and
WHEREAS, it is essential that the state and local governments in Georgia realize to their fullest the potential economic benefits of this very powerful financial catalyst.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Economic Development Through Historic Preservation Joint Study Committee to be composed of six members: two members to be appointed by the President of the Senate; two members to be appointed by the Speaker of the House of Representatives; and two members to be appointed by the Governor. The members of the committee shall elect one of the members to serve as chairman. The historic preservation section of the Department of Natural Resources shall be authorized to assist the committee in its investigations.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the con ditions, needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the Senate and House of Representatives shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than five days. The funds necessary to carry out the provisions of this resolution shall come from the funds of the legislative branch of government. In the event the committee makes a report of its find ings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 15, 1987, on which date the committee shall stand abolished.

Senator Howard of the 42nd moved that the Senate agree to the House substitute to SR 126.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen Broun of 46th Bryant Burton Coverdell

Crumbley Dawkins Deal Echols Edge Engram Fincher Foster Garner

Gillis Harris Hine Howard Hudgins Kennedy Kidd Land Langford

THURSDAY, MARCH 12, 1987

2209

McGill McKenzie
Ktead Peevy 63 p err y Phillips

Ragan Ray
Sc0tt f 2nd Scott of 36th Shumake Starr

Stumbaugh Tate
Timmons Tolleson Turner Tysinger

Voting in the negative was Senator Brannon.

Those not voting were Senators:

Barker Brown of 47th (excused) Coleman

Dean English Harrison

Huggins Walker

On the motion, the yeas were 46, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SR 126.

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 House substitute to SB 227 was as follows:

A BILL
To be entitled an Act 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; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 9-11-69 of the Official Code of Georgia Annotated, relating to discovery measures in aid of execution, is amended by striking that Code section and in serting in its place a new Code section to read as follows:
"9-11-69. Process to enforce a judgment for the payment of money shall be a writ of execution unless the court directs otherwise. In aid of the judgment or execution, the judg ment creditor, or his successor in interest when that interest appears of record, may do any or all of the following:
(1) Examine any person, including the judgment debtor by taking depositions or pro pounding interrogatories;
(2) Compel the production of documents or things; and
(3) Upon a showing of reasonable necessity, obtain permission from a court of compe tent jurisdiction to enter upon that part of real property belonging to or lawfully occupied by the debtor which is not used as a residence and which property is not bona fide in the lawful possession of another;
in the manner provided in this chapter for such discovery measures prior to judgment."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Howard of the 42nd moved that the Senate agree to the House substitute to SB 227.

On the motion, a roll call was taken, and the vote was as follows:

2210

JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Bowen Brannon ^ ryant CBouvrteorndell
Dawkins Deal
Echols
Edge English

Engram Fincher Foster Gillis Harris " lne . KHoenwnaerddy
Land McGill
McKenzie
Newbill Olmstead

Perry Phillips Ragan j^ay Scott of 2nd Scott of 36th Sn h, umak. e
btarr Tate
Timmons
Tolleson Turner

Those not voting were Senators:

Barker Barnes Broun of 46th Brown of 47th (excused) Coleman
Crumbley

Dean Garner Harrison Hudgins Huggins
Kidd

Langford Peevy ,,,, stumoaugn Tysmger
Walker

On the motion, the yeas were 38, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 227.

The following bill of the Senate was taken up for the purpose of considering the House action thereon:

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.

Senator Deal of the 49th moved that the Senate adhere to its disagreement to the House substitute to SB 231, and that a Conference Committee be appointed.

On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House substitute to SB 231.

The President appointed as a Conference Committee on the part of the Senate the following:

Senators Deal of the 49th, Newbill of the 56th and Dawkins of the 45th.

The following resolution and bill of the House were taken up for the purpose of consid ering the Conference Committee reports thereto:

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.

THURSDAY, MARCH 12, 1987

2211

The Conference Committee report on HR 98 was as follows:

The Committee of Conference on HR 98 recommends that the Senate recede from its position and that the resolution as passed by the House of Representatives be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Albert J. Scott Senator, 2nd District
/s/ Nathan Dean Senator, 31st District
/s/ Culver Kidd Senator, 25th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Cas M. Robinson Representative, 58th District
/s/ Roy H. Watson, Jr. Representative, 114th District
/s/ Hugh Boyd Pettit III Representative, 19th District

Senator Walker of the 43rd moved that the Senate adopt the Conference Committee report on HR 98.

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
BCruurmtobnlev Dawkins j) ea ] Echols Edge English Fincher

Foster Gillis Harris Howard Kennedy LL. aanngdford,
McGi11 McKenzie Newbill Olmstead Perry Phillips

Ragan Ray Scott of 2nd Scott of 36th Shumake S,,Sttuarmr baugh,
Tate Timmons Tolleson Turner Tysinger Walker

Voting in the negative were Senators Engram and Hine.

Those not voting were Senators:

Barker BBarornuens of 46th Brown of 47th (excused) Coleman

Coverdell Dean Garner Harrison

Hudgins Huggins Kidd Peevy

On the motion, the yeas were 40, nays 2; the motion prevailed, and the Senate adopted the Conference Committee report on HR 98.

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.

2212

JOURNAL OF THE SENATE

The Conference Committee report on HB 949 was as follows:
The Committee of Conference on HB 949 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 949 be adopted.
Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/a/ Max R. Brannon Senator, 51st District

/s/ Fred Aiken Representative, 21st District

/s/ J. Tom Coleman, Jr. Senator, 1st District
/s/ Albert J. Scott Senator, 2nd District

/s/ Cas M. Robinson Representative, 58th District
/s/ Hugh Boyd Pettit III Representative, 19th District

Conference Committee substitute to HB 949:

A BILL
To be entitled an Act 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; to change certain criminal penal ties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. 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 corpora tions, is amended by striking Code Section 36-60-6, relating to permits for disturbing burial places in the course of land development, and inserting in its place a new Code Section 3660-6 to read as follows:
"36-60-6. (a) No known burial place of any human remains shall be knowingly dis turbed by the owner or owners of the land for the purposes of developing or changing the use of any land unless a permit is first obtained from the governing authority of the munici pal corporation or county wherein the burial place is located or from the superior court of the county where the burial place is located. The governing authority or superior court shall not issue a permit unless it first reviews the plans of the applicant for the permit for the proper reinterment of the remains in order to determine that suitable arrangements for reinterment have been made and that proper reinterment will be accomplished. If the gov erning authority or superior court does not believe that the plans are adequate to ensure property reinterment, no permit shall be issued.
(b) Any person who knowingly fails to comply with subsection (a) of this Code section shall be guilty of a misdemeanor and shall pay a fine of $1,000 per grave disturbed."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Walker of the 43rd moved that the Senate adopt the Conference Committee report on HB 949.

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 Bryant

THURSDAY, MARCH 12, 1987

2213

Burton Crumbley Dawkins Echols Edge FEonsgtrearm
Gillis
Harris
Hine Howard

Kennedy Land Langford McKenzie Newbill OPelmrrystead
Phillips
Ragan
Ray Scott of 2nd

Those not voting were Senators:

Scott of 36th Shumake Stair Stumbaugh TM, T,,,i.mmons
Tolleson
Turner
Tysinger Walker

Barker
Barnes Broun of 46th Brown of 47th (excused) Coleman
Coverdell

Deal
Dean English Fincher Garner
Harrison

Hudgins Huggins ICAA
McGill Peevy

On the motion, the yeas were 38, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 949.

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 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 Speaker has appointed on the part of the House, Representatives Bray of the 91st, Holmes of the 28th and Pittman of the 60th.

The President announced that the Senate would stand in recess from 5:45 o'clock P.M. until 6:00 o'clock P.M.

At 6:00 o'clock P.M., the President called the Senate to order.

2214

JOURNAL OF THE SENATE

The following resolutions of the Senate were read and adopted:
SR 227. By Senator Barnes of the 33rd: A resolution commending Mr. Spurgeon Richardson.
SR 229. By Senator Howard of the 42nd: A resolution commending Mrs. Evelyn Sisk Fabian.
SR 230. By Senator Bowen of the 13th: A resolution recognizing the Slosheye Trail Big Pig Jig as the state barbecue cooking contest for entry qualification in the International Barbecue Cooking Contest.
SR 231. By Senators Tate of the 38th, Walker of the 43rd and Scott of the 36th: A resolution commending Mrs. Virginia C. Barnett Tate.
SR 232. By Senator Ray of the 19th: A resolution commending the Coffee Junior High School Band.
SR 233. By Senator Stumbaugh of the 55th: A resolution relative to certain employees of the American Telephone and Tele graph Company, formerly the Western Electric Company.
SR 234. By Senator Coleman of the 1st: A resolution commending the Motion Picture Association of America.
SR 235. By Senator Starr of the 44th: A resolution recognizing and congratulating Miss Melly Meadows and Mr. Chip Boling upon being selected as Scarlett O'Hara and Rhett Butler "Look-Alikes".
SR 237. By Senator Hine of the 52nd: A resolution honoring the memory of and celebrating the life of Mr. Donald Jackson.
SR 238. By Senators Burton of the 5th, Tysinger of the 41st, Kidd of the 25th and Cole man of the 1st: A resolution in memory of Dr. Joseph Pettit.
SR 239. By Senators Scott of the 2nd, Kennedy of the 4th, Allgood of the 22nd and others: A resolution commending the staff of the Senate Research Office and the staff of the Office of Legislative Counsel.

THURSDAY, MARCH 12, 1987

2215

SR 241. By Senator Barker of the 18th:
A resolution commending Rainbow House in Warner Robins.
The following resolution of the Senate was taken up for the purpose of considering the House substitute thereto:
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 House substitute to SR 147 was as follows:
A RESOLUTION
Creating the Park of Honor Study Committee; and for other purposes.
WHEREAS, the State of Georgia takes enormous pride in the fact that the state has produced a significant number of nationally prominent persons, historic figures, and states men; and
WHEREAS, statuary of famous Georgians has been placed within the capitol building and on its grounds at various locations; and
WHEREAS, with ever-increasing development of the Capitol Hill area and the constant shortage of office space within the capitol building, future honors by statute, memorial, or monument can only be bestowed upon a paltry few of many deserving Georgians and only on a space-available basis; and
WHEREAS, the development of a unique area dedicated to those persons who have contributed significantly to Georgia's history would allow proper recognition of these promi nent citizens; and
WHEREAS, A Park of Honor would be a tremendous asset to the redevelopment of the historic capitol and downtown areas.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Park of Honor Study Committee to be composed of five members of the House of Representatives to be appointed by the Speaker of the House of Representatives and five members of the Senate appointed by the President of the Senate. The first meeting of the committee shall be held after the appointment of the membership. At such meeting, the committee shall choose a chairman and a vice-chairman from among its membership. The chairman shall call all further meetings of the committee.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the con ditions, needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation which the committee deems necessary or appropriate. The committee specifically shall explore the feasibility, costs, site selection, and availability of funding for a Park of Honor. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. In the event the committee makes a report of its findings and recommendations, with sugges tions for proposed legislation, if any, such report shall be made on or before December 1, 1987, on which date the committee shall stand abolished.
Senator Tysinger of the 41st moved that the Senate agree to the House substitute to SR 147.
On the motion, a roll call was taken, and the vote was as follows:

2216

JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Albert Baldwin Barnes Brannon Bryant Burton Coverdell Crumbley Dawkins Deal Echols Edge English

Fincher Foster Garner Gillis Howard Kennedy Land Langford McGill Newbill Olmstead Perry

Ragan Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Tolleson Turner Tysinger Walker

Those not voting were Senators:

Allgood Barker Bowen Broun of 46th Brown of 47th (excused) Coleman

Dean Engram Harris Harrison Hine Hudgins

Huggins Kidd McKenzie Peevy Phillips Timmons

On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SR 147.

Senator Barnes of the 33rd moved that, since the First Conference Committee on the part of the House had been discharged by the House, a Second Conference Committee on the part of the Senate be appointed on the following bill of the House:

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.

On the motion, the yeas were 29, nays 2; the motion prevailed.

The President appointed as a Second Conference Committee on the part of the Senate the following:

Senators Barnes of the 33rd, Edge of the 28th and Baldwin of the 29th.

Senator Kidd of the 25th moved that, since the First Conference Committee report had been rejected by the House, the Senate appoint a Second Conference Committee on the following bill 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.

THURSDAY, MARCH 12, 1987

2217

On the motion, the yeas were 29, nays 0; the motion prevailed.
The President appointed as a Second Conference Committee on the part of the Senate the following:
Senators Kidd of the 25th, Hudgins of the 15th and Walker of the 43rd.
The following resolution of the Senate was read and put upon its adoption:
SR 240. By Senators Allgood of the 22nd and Kennedy of the 4th: A resolution relative to adjournment by the General Assembly sine die at 7:30 o'clock P.M. on Thursday, March 12, 1987.
On the adoption of the resolution, the yeas were 34, 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 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 1036. By Representatives McDonald of the 12th, Murphy of the 18th and Walker of the 115th: A bill to amend Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, so as to confirm and provide that the Department of Community Affairs shall have the authority to make grants to counties and municipalities, or combinations thereof, for projects and purposes to the extent and for purposes set forth in appropriations to the department.
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 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 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.
The Speaker has appointed on the part of the House, Representatives Childers of the 15th, Moore of the 139th and Pannell of the 122nd.

2218

JOURNAL OF THE SENATE

The House insists on its position in substituting the following bill of the Senate:
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 following bill of the Senate was taken up for the purpose of considering the House amendments thereto:
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 House amendments were as follows:
Amendment No. 1: Amend SB 47 by inserting on line 9 of page 1 between "bodies;" and "to" the following: "to provide that law enforcement officers directing or escorting funeral processions shall
enjoy the same immunities from liability as such officers possess in the performance of other official duties;".
By inserting between lines 13 and 14 of page 3 the following: "Section 2. Said title is further amended by inserting immediately following Code Sec tion 45-9-3 a new Code section, to be designated Code Section 45-9-3.1, to read as follows: '45-9-3.1. Any law enforcement officer who is directing or escorting a funeral procession in this state, whether such service is provided while on duty or not, shall enjoy the same immunities from liability as the officer possesses while in the performance of other official duties.' " By striking from line 14 of page 3 the following: "Section 2.", and inserting in its place the following: "Section 3.". By striking from line 14 of page 4 the following: "Section 3.", and inserting in its place the following: "Section 4." Amendment No. 2: Amend SB 47 as follows: Change the word "shall" to "may" on page 4, line 12.
Senator Barnes of the 33rd moved that the Senate agree to the House amendments to SB 47.
On the motion, a roll call was taken, and the vote was as follows:

THURSDAY, MARCH 12, 1987

2219

Those voting in the affirmative were Senators:

Albert Allgood Barnes Bowen Brannon Broun of 46th
^Bruyratonnt Coleman Coverdell Crumbley Dawkins Deal Dean Echols

Edge English Foster Garner Gillis Harris
"Huingegi. ns Kennedy Kidd Land Langford McGill McKenzie Newbill

Olmstead Perry Phillips Ragan Rav gcott of 3gth
S,, humake * tarr Tate Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Baldwin Barker Brown of 47th (excused) Engram

Fincher Harrison Howard Hudgins

Peevy Scott of 2nd Stumbaugh

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed to the House amendments to SB 47.

Senator Barnes of the 33rd moved that the Senate rule providing that copies of a Con ference Committee report be distributed to Senators and consideration of the report by the Senate not take place until one hour after the distribution be suspended to allow considera tion of the Second Conference Committee report on the following bill of the House:

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.

On the motion, the yeas were 35, nays 7; the motion, having failed to receive a twothirds majority vote, was lost.

Senator Barnes of the 33rd moved that the Senate reconsider its action in defeating the motion to suspend the Senate rules; the motion prevailed.

Senator Barnes of the 33rd moved that the Senate rule providing that copies of a Con ference Committee report be distributed to Senators and consideration of the report by the Senate not take place until one hour after the distribution be suspended to allow considera tion of the Second Conference Committee report on HB 557.

On the motion, Senator Barnes of the 33rd called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood

Baldwin Barnes

Bowen Broun of 46th

2220

JOURNAL OF THE SENATE

Bryant Coleman Crumbley Dawkins Deal Dean Echols Edge English Foster Garner

Gillis Harris Harrison Hine Kennedy Kidd Langford McGill McKenzie Olmstead Perry

Ragan Ray Scott of 2nd Scott of 36th Shumake Starr Tate Timmons Tolleson Turner Walker

Those voting in the negative were Senators:

Brannon Burton Coverdell

Huggins Land Newbill

Phillips Tysinger

Those not voting were Senators:

Barker Brown of 47th (excused) Engram

Fincher Howard Hudgins

Peevy Stumbaugh

On the motion, the yeas were 39, nays 8; the motion prevailed, and the Second Confer ence Committee report on HB 557 was put upon its adoption.

The Second Conference Committee report on HB 557 was as follows:

The Committee of Conference on HB 557 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 557 be adopted.
Respectfully submitted,

FOR THE SENATE:
/a/ Roy E. Barnes Senator, 33rd District
/s/ Quillian Baldwin Senator, 29th District
/s/ Arthur S. Edge, IV Senator, 28th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Pete Robinson Representative, 98th District
/s/ Joe T. Wood Representative, 9th District
/s/ Roy H. Watson, Jr. Representative, 114th District

Conference Committee substitute to HB 557:

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 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 allow the employees of a trade or professional association to be covered under a group self-insurance fund estab lished by the members of such association; to repeal conflicting laws; and for other purposes.

THURSDAY, MARCH 12, 1987

2221

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 paragraph (2) of Code Section 34-9-1, relat ing to definitions concerning workers' compensation, and inserting in its place a new para graph (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 such person has a written contract as an independent contractor and if such person buys a product and resells it, receiving no other compensation, or provides an agricultural service or such person otherwise qualifies as an independent contractor.
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. Said chapter is further amended by striking paragraph (10) of Code Section 34-9-151, relating to definitions of terms regarding group self-insurance funds for workers' compensation, and inserting in its place a new paragraph (10) to read as follows:
"(10) 'Member' means an employer who is a member of a fund established by a trade association or professional association or by a group of municipalities, counties, school boards, or hospital authorities in accordance with this article. 'Member' also means a trade association or professional association which elects to cover its own employees under a fund established by its members."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Senator Barnes of the 33rd moved that the Senate adopt the Second Conference Com mittee report on HB 557.

2222

JOURNAL OF THE SENATE

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen Brannon Broun of 46th
Burton CCoovleemrdaenll
Crumbley Dawkins Deal Dean Echols Edge

English Engram Foster Garner Gillis Harris Harnson
Hudgm. s HKuenggniendsy
Kidd Land Langford McGill McKenzie Newbill

Olmstead Perry Phillips Ragan Rav Scott of 2nd gcott of 36th
S,, humake 5Stumb, augh
Tate Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Barker

Fincher

Brown of 47th (excused) Howard

Peevy

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate adopted the Second Conference Committee report on HB 557.

Senator Kidd of the 25th moved that the Senate rule providing that copies of a Confer ence Committee report be distributed to Senators and consideration of the report by the Senate not take place until one hour after the distribution be suspended to allow considera tion of the Conference Committee report on the following bill of the House:

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.

On the motion, the yeas were 31, nays 7; the motion, having failed to receive a twothirds majority vote, was lost, and the Conference Committee report on HB 387 was not put upon its adoption.

His Excellency, Governor Joe Frank Harris, and Mrs. Harris entered the Chamber, and the Governor briefly addressed the Senate.

The following bill of the Senate was taken up for the purpose of considering the House action thereon:

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

THURSDAY, MARCH 12, 1987

2223

time that any such state employee is physically unable to perform the duties of his employment.

Senator Kidd of the 25th moved that the Senate recede from its disagreement to the House substitute to SB 28.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Broun of 46th Bryant Coleman Crumbley Dawkins

Dean English Gillis Howard Kennedy Kidd Land

McGill McKenzie Perrv
TMV Starr Walker

Those voting in the negative were Senators:

Albert Baldwin Barnes Bowen B rannon Burton Coverdell Deal
Echols
Edge
Engram

Fincher Foster Garner Harris " arrison nine Hudgins Huggins
Langford
Newbill
Olmstead

Phillips Ragan Scott of 36th Shumake Stumbaugh ,,, L ate Timmons
Tolleson
Turner
Tysinger

Those not voting were Senators:

Brown of 47th (excused) Peevy

Scott of 2nd

On the motion, the yeas were 20, nays 32; the motion was lost, and the Senate did not recede from its disagreement to the House substitute to SB 28.

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 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.

The House insists on its position in disagreeing to the Senate amendment, and has

2224

JOURNAL OF THE SENATE

appointed a Committee of Conference on the part of the House to confer with a like com mittee on the part of the Senate on the following bill of the House:

HB 905. By Representatives Mangum of the 57th and Athon of the 57th:
A bill to amend Article 4 of Chapter 4 of Title 20 of the Official Code of Georgia Annotated, known as the "Georgia Proprietary School Act", so as to provide for certificates of authorization for proprietary schools in lieu of certificates of approval.

The Speaker has appointed on the part of the House, Representatives Athon of the 57th, Mangum of the 57th and Moore of the 139th.

The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:

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 following resolution of the House was taken up for the purpose of considering the Conference Committee report thereon:

HR 176. By Representatives Byrd of the 153rd, Moody of the 153rd, Smith of the 152nd and others:
A resolution creating the Brunswick Judicial Circuit Study Committee.

The Conference Committee report on HR 176 was as follows:

The Committee of Conference on HR 176 recommends that the Senate recede from its position and that HR 176 as adopted by the House of Representatives be adopted.
Respectfully submitted,

FOR THE SENATE:
Is/ Earl Echols, Jr. Senator, 6th District
/s/ Walter S. Ray Senator, 19th District
/s/ Glenn E. Bryant Senator, 3rd District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Roger Byrd Representative, 153rd District
/s/ Lundsford Moody Representative, 153rd District
/s/ Willou Smith Representative, 156th District

Senator Echols of the 6th moved that the Senate adopt the Conference Committee re port on HR 176.

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 Brannon

THURSDAY, MARCH 12, 1987

2225

Broun of 46th Bryant Coleman Crumbley Dawkins Deal Echols Edge English Fincher Foster Garner Gillis

Harris Harrison Hine Howard Huggins Kennedy Kidd Land Langford McGill McKenzie Newbill Olmstead

Perry Phillips Ragan Ray Shumake Starr Stumbaugh Tate Timmons Tolleson Turner Tysinger Walker

Those voting in the negative were Senators:

Burton

Coverdell

Dean

Those not voting were Senators:

Bowen Brown of 47th (excused) Engram

Hudgins Peevy

Scott of 2nd Scott of 36th

On the motion, the yeas were 45, nays 3; the motion prevailed, and the Senate adopted the Conference Committee report on HR 176.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

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.

The House substitute to SB 357 was as follows:

A BILL
To be entitled an Act to amend Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to dimensions and weight of vehicles and loads, so as to author ize the Department of Transportation to designate certain roads, streets, or highways upon which certain vehicles may operate; to provide for conditions under which such designation shall be made; to provide for rescission of such designation; to provide for related matters; to provide that certain vehicles may not exceed certain weight limitations except when mak ing a pickup or delivery on any public road of a county road system; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to dimensions and weight of vehicles and loads, is amended by striking paragraph (2) of subsection (a) of Code Section 32-6-24, relating to authorized length of vehicles and loads, and inserting in its place a new paragraph (2) to read as follows:
"(2) Unless exempted in Code Section 32-6-25 or subsection (b) of this Code section or so authorized by a permit issued pursuant to Code Section 32-6-28, no vehicle or combina tion of vehicles and load shall exceed a total length of 60 feet and no semitrailer shall exceed

2226

JOURNAL OF THE SENATE

48 feet in length in a truck tractor-semitrailer combination and no truck tractor-semitrailertrailer combination shall be allowed except the department shall allow a semitrailer length of no more than 48 feet when operated as a truck tractor-semitrailer combination and a semitrailer or trailer length of no more than 28 feet when operated as a truck tractor-semi trailer-trailer combination, provided that such vehicles may exceed 60 feet in length and shall only operate upon all fully limited access highways designed to National System of Interstate and Defense Highways standards and upon any road, street, or highway on the State Highway System which the department determines is appropriate to provide reasona ble access requirements in compliance with Public Law 97-424 and on which the department has posted appropriate signs specifying that use by such vehicles is authorized; and pro vided, further, that the department is authorized to designate certain roads, streets, or high ways upon which vehicles more than 60 feet in length may operate when operating as a truck tractor-semitrailer combination with a semitrailer no longer than 48 feet in length or a truck tractor-semitrailer-trailer combination with a semitrailer and trailer each of which shall be no longer than 28 feet in length. Such roads, streets, or highways shall be so desig nated only after the department has considered the operational and safety characteristics of such vehicles and of the roadways, provided that the department may rescind any roadway designation if it is determined by the department that the public safety has been dimin ished or that operational problems have been increased by the actual operation of such vehicles. Such roads shall be posted with appropriate signs specifying the maximum length allowed for each vehicle combination. The department may permit the operation of a semi trailer which exceeds 45 feet in length without highway designation:
(A) If the semitrailer was manufactured prior to July 1, 1980, and the total length of the combination of vehicles is 55 feet or less; or
(B) If the length of the semitrailer is more than 45 feet but not more than 48 feet and the total length of the combination of vehicles does not exceed 55 feet, and the gross weight of the vehicle and its load does not exceed 50,000 pounds."
Section 2. Said article is further amended by striking paragraph (1) of subsection (g) of Code Section 32-6-26, relating to weight of vehicles and loads, and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) The weight limitations provided for in this Code section, except the limitation in subsections (f) and (h) of this Code section, may be exceeded on any public road within this state which is not a national highway, or when making a pickup or delivery on any public road of a county road system, without a permit when the load on any single axle does not exceed 23,000 pounds and the maximum total gross weight of the vehicle and load does not exceed 75,000 pounds when:
(A) Hauling forest products from the forest where cut to the owner's place of business, plant, plantation, or residence within the county where originally cut or the adjoining county;
(B) Hauling live poultry from a farm to a processing plant located in the same or an adjoining county;
(C) Hauling feed from a feed mill to a farm located in the same county or an adjoining county;
(D) Hauling granite, either block or sawed for further processing, from the quarry to a processing plant located in the same or an adjoining county."
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 agree to the House substitute to SB 357.

THURSDAY, MARCH 12, 1987

2227

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 Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols Edge

English Engrain Fincher Foster Garner Gillis Harris Hine Hudgins Huggins Kennedy Kidd Land Langford McGill McKenzie

Newbill Olmstead Perry Phillips Ragan Ray Scott of 36th Shumake Stumbaugh Tate Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Barker Bowen Brown of 47th (excused)

Harrison Howard Peevy

Scott of 2nd Starr

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 357.

The following bill of the House was taken up for the purpose of considering the House action thereon:

HB 905. By Representatives Mangum of the 57th and Athon of the 57th:
A bill to amend Article 4 of Chapter 4 of Title 20 of the Official Code of Georgia Annotated, known as the "Georgia Proprietary School Act", so as to provide for certificates of authorization for proprietary schools in lieu of certificates of approval.

Senator Kidd of the 25th moved that the Senate adhere to the Senate amendment to HB 905, and that a Conference Committee be appointed.

On the motion, the yeas were 31, nays 1; the motion prevailed, and the Senate adhered to the Senate amendment to HB 905.

The President appointed as a Conference Committee on the part of the Senate the following:

Senators Kidd of the 25th, Scott of the 36th and Hudgins of the 15th.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

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-

2228

JOURNAL OF THE SENATE

ing thereto; to change the provisions relating to petitions for and issuance of writs of possession.
The House substitute to SB 366 was as follows:
A BILL
To be entitled an Act to amend Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mortgages, conveyances to secure debt, and liens, so as to change the provisions relating to authority to foreclose and executions relating to security interests in personalty; to change the provisions relating to petitions for and issuance of writs of posses sion; to change the provisions relating to summonses and answers thereto; to provide for forms; to change the provisions relating to failure to answer and failure to open defaults; to provide for certain orders; to change the provisions relating to trials of the issues and reten tion of property pending final outcome; to change the provisions relating to payments into court; to change certain references to justices of the peace; to change the provisions regard ing posting of bond; to provide for the filing of liens created pursuant to Section 107 of Title I of the federal Superfund Amendments and Reauthorization Act of 1986, P.L. 99-499, 100 STAT. 1613, 1630; 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 14 of Title 44 of the Official Code of Georgia Annotated, relating to mortgages, conveyances to secure debt, and liens, is amended by striking subsection (a) of Code Section 44-14-230, relating to authority to foreclose, and inserting in its place a new subsection to read as follows:
"(a) Any person holding a security interest on personal property under a transaction governed by this part or by Title 11, the 'Uniform Commercial Code,' and wishing to fore close the security interest shall be authorized to foreclose the security interest and shall be entitled to an execution directed to all and singular the sheriff's, the marshals, the consta bles, or their lawful deputies, of this state, which execution shall command the sale of the secured property to satisfy the amount due from the debtor, together with the costs of the proceedings to foreclose the security interest in accordance with the procedure specified in this part, together with an order directing the defendant or the party in possession to turn over to the sheriff, the marshal, the constable, or their lawful deputies the property sought to be foreclosed upon as provided for in subsection (d) of Code Section 44-14-233."
Section 2. Said chapter is further amended by striking Code Section 44-14-231, relating to petition for writ of possession, and inserting in its place a new Code section to read as follows:
"44-14-231. Upon a statement of the facts under oath, any person holding a security interest on personal property and wishing to foreclose the security interest may petition, by affidavit, either in person or by his agent or attorney in fact or at law, for a writ of posses sion before any judge of the superior court, any magistrate, any judge of any other court having jurisdiction over such proceedings, or any clerk of any such court within the county where the debtor may reside or where the secured property is located. If the person holding the security interest is not a resident of the county where the debtor resides or where the secured property is located, any oath required by this Code section may be made before a judge of any court of record within this state and forwarded with the petition to the appro priate judge, magistrate, or clerk in the county where the debtor may reside or where the secured property is located."
Section 3. Said chapter is further amended by striking Code Section 44-14-232, relating to summons and time for answer, and inserting in its place a new Code section to read as follows:
"44-14-232. (a) When the petition provided for in Code Section 44-14-231 is made, the judge, the magistrate, or the clerk shall grant and issue a summons as prescribed in this

THURSDAY, MARCH 12, 1987

2229

Code section to the sheriff, his deputy or marshal, or any lawful constable of the county where the debtor resides or the secured property is located. Service shall be made by the officer by delivering a copy of the summons attached to a copy of the petition to the defend ant personally; or, if the officer is unable to serve the defendant personally, service may be had by delivering the summons and the petition to any person sui juris residing on the premises; or, if no such person is found residing on the premises after reasonable effort, service may be had by tacking a copy of the summons and the petition on the door of the premises and, on the same day of the tacking, by enclosing, directing, stamping, and mailing by first-class mail a copy of the summons and the petition to the defendant at his last known address, if any, and making an entry of this action on the petition filed in the case.

(b) The summons served on the defendant pursuant to subsection (r) of this Code sec tion shall command and require the defendant to answer either orally or in writing within seven days from the date of the actual service unless the seventh day is a Saturday, a Sun day, or a legal holiday, in which case the answer may be made on the next day which is not a Saturday, a Sunday, or a legal holiday.

(c) It shall be the obligation of the debtor to advise the secured creditor of any change of his address subsequent to the date of the granting of the security interest.

(d) The form of the summons shall be uniform in every county of this State and is prescribed as follows:

'IN THE _____ COURT OF ________ COUNTY

STATE OF GEORGIA

(Style of case)

CIVIL ACTION

NO._______
SUMMONS
TO THE ABOVE NAMED DEFENDANT:
The defendant _________ herein _________ hereby commanded and required personally or by attorney to file with the Clerk of the _____ Court of _________ County (insert location) within seven days from the date of service of the within affidavit and summons, or on the first business day thereafter if the seventh day falls on a Saturday, a Sunday, or a legal holiday, then and there to answer said affidavit in writing or orally. If the defendant fails to answer on or before the seventh day from the date of service, the defendant may reopen the default as a matter of right by making an answer within seven days after the date of the default notwithstanding the provision of Code Section 9-11-55 of the Official Code of Georgia Annotated. If the seventh day is a Saturday, a Sunday, or a legal holiday, the answer may be made on the next day which is not a Saturday, a Sunday, or a legal holiday. The last possible date on which the defendant may answer is the ____ day of _______, 19__. If answer is not so made, a writ of possession shall issue against you as by law provided, pursuant to plaintiffs affidavit.
Witness the Honorable _________, Judge of said Court.
This ___ day of _______, 19__.

Service perfected on defendant, this day of _______, 19_

Clerk, Court of _____ County

Sheriff, deputy, marshal or constable' "

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JOURNAL OF THE SENATE

Section 4. Said chapter is further amended by striking Code Section 44-14-233, relating to answers and opening defaults, and inserting in its place a new Code section to read as follows:

"44-14-233. (a) If the defendant fails to answer on or before the date provided in sub section (b) of Code Section 44-14-232, the defendant may reopen the default as a matter of right by making an answer within seven days after the date of the default notwithstanding the provisions of Code Section 9-11-55. If the seventh day is a Saturday, a Sunday, or a legal holiday, the answer may be made on the next day which is not a Saturday, a Sunday, or a legal holiday.

(b) If the defendant fails to answer or open the default, the court shall grant a writ of possession and, if otherwise permitted by this part, the plaintiff shall be entitled to a verdict and a judgment by default in open court or in chambers and without the intervention of a jury for all of the amount due, together with costs, as if every item and paragraph of the affidavit provided for in Code Section 44-14-231 were supported by proper evidence.

(c) The defendant may answer either in writing or orally. If the defendant answers orally, the substance thereof shall be endorsed by the court on the petition. The answer may contain any legal or equitable defense or counterclaim. If the defendant answers, a trial of the issues shall be had in accordance with the procedure prescribed for civil actions in courts of record. Every effort shall be made by the trial court to expedite a trial of the issues and place the case on the next available calendar. However, the trial shall not be held before seven days have elapsed from the date the defendant files his answer. The defendant shall be allowed to remain in possession of the secured property pending the final outcome of the litigation, provided that the defendant complies with Code Section 44-14-234.

(d) The court shall issue an order directing the defendant or person in possession of property sought to be foreclosed to turn over said property to the sheriff, marshal, consta ble, or their lawful deputies whenever that court issues a writ of possession for personal property pursuant to this part.

(e) A suggested form for the order authorized under subsection (d) of this Code section is as follows:

'IN THE ________ COURT OF __________ COUNTY

STATE OF GEORGIA

(Style of case)

CIVIL ACTION

NO.______ ORDER A writ of possession having been issued against the defendant for personal property to be foreclosed upon, it is:
ORDERED that the defendant or the party in possession of the property specified in that writ of possession be and that person hereby is directed to turn over to the sheriff, marshal, or constable of ______ County or his lawful deputies, or to any sheriff, marshal, or constable of this state or their lawful deputies, the (describe property), instanter, or ad vise said officer of the location of the property if same is not in defendant's possession.
SO ORDERED, this ____ day of _______, 19_
JUDGE
PRESENTED BY:
Attorney's name and address' "

THURSDAY, MARCH 12, 1987

2231

Section 5. Said chapter is further amended by striking paragraphs (1) and (2) of Code Section 44-14-234, relating to payments into court, and inserting in their place the following:
"(1) 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, the defendant shall be required to pay into the registry of the trial court:
(A) All past due amounts which are admitted to be due and for which there are no allegations of defenses or claims which, if proven, would offset said amounts alleged past due; and
(B) All amounts of unaccelerated payments which become due after the issuance of the summons as said amounts of payments become due;
provided, however, that, in lieu of the payments, the defendant shall be allowed to submit a receipt to the court indicating that the payments have been made to the secured creditor. In the event that the amount of the payments actually due or to become due is in controversy, the court shall determine the amount to be paid into the court in the same manner as provided in paragraph (2) of this Code section;
(2) If the plaintiff and the defendant disagree as to the amounts actually due or to become due, the court shall set a hearing date to determine the amount to be paid into the court. At the hearing, the parties may submit to the court any evidence of the amounts actually due or to become due, including any security agreement and evidence of any claims or defenses arising out of the same transaction, for the purpose of establishing the actual amount of the payments to be paid into the registry of the court;".
Section 6. Said chapter is further amended by striking Code Section 44-14-237, relating to transfer of property after posting bond, and inserting in its place a new Code section to read as follows:
"44-14-237. In all cases where the defendant may desire to transfer, remove, or convey any of the secured property after the service of the summons and after having an opportu nity to answer, the defendant shall post bond for the delivery of the property at the time and place of sale. The bond shall be with good security for a sum equal to the value of the property or the amount of the alleged remaining balance, whichever is less. The value of the property shall be estimated by the judge, the magistrate, or the clerk. Upon the approval of the bond by the judge, the magistrate, or the clerk, the defendant may transfer, remove, or convey such property as may be approved by the judge, the magistrate, or the clerk."
Section 7. Said chapter is further amended by adding at the end of Part 10 of Article 8, relating to miscellaneous liens, a new Code Section 44-14-517 to read as follows:
"44-14-517. Pursuant to the authority granted to states by Section 107 of Title I of the federal Superfund Amendments and Reauthorization Act of 1986, P.L. 99-499, 100 STAT. 1613, 1630, all liens imposed pursuant to such subsection shall be filed in the office of the clerk of the superior court of the county in this state in which the real property subject to the lien is located and shall be filed in the same manner as deeds are recorded."
Section 8. (a) Section 7 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
(b) Sections 1 through 6 of this Act shall become effective on July 1, 1987.
Section 9. All laws and parts of laws in conflict with this Act are repealed.
Senator Howard of the 42nd moved that the Senate agree to the House substitute to SB 366.
On the motion, a roll call was taken, and the vote was as follows:

2232

JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun of 46th Bryant Burton Coverdell Crumbley Dawkins Deal Echols

Edge English Engram Foster Garner Gillis Harris Harrison Howard Hudgins Huggins Kennedy Kidd Land McGill

McKenzie Newbill Olmstead Perry Phillips Ray Scott of 36th Shurnake Starr Stumbaugh Tate Tolleson Turner Tysinger Walker

Those not voting were Senators:

Brown of 47th (excused) Coleman Dean Fincher

Hine Langford Peevy

Ragan Scott of 2nd Timmons

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 366.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has adopted, as amended, by the requisite constitutional majority the fol lowing resolution of the Senate:

SR 240. By Senators Allgood of the 22nd and Kennedy of the 4th: A resolution relative to adjournment.

The House has adopted the Conference Committee Report on the following resolution of the Senate:

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.

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 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.

THURSDAY, MARCH 12, 1987

2233

The Speaker has appointed on the part of the House, Representatives Sizemore of the 136th, Athon of the 57th and Lawler of the 20th.

The House has discharged Conference Committee #1 and has appointed Conference Committee #2 on the following resolution of the Senate:

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.

The Speaker has appointed on the part of the House, Representatives Bray of the 91st, Lee of the 72nd and Holmes of the 28th.

The following local bill of the House was taken up for the purpose of considering the Conference Committee report thereon:

HB 917. By Representatives Childs of the 53rd, Richardson of the 52nd, Steinberg of the 46th and others:
A bill to amend an Act providing a supplement to the compensation, expenses, and allowances of the judges of the superior court of the Stone Mountain Judicial Circuit, so as to change the amount of such supplement.

The Conference Committee report on HB 917 was as follows:

The Committee of Conference on HB 917 recommends that the Senate recede from its position and that HB 917 be adopted as passed by the House of Representatives.
Respectfully submitted,

FOR THE SENATE:
/s/ James W. Tysinger Senator, 41st District
/s/ Gene Walker Senator, 43rd District
/s/ Pierre Howard Senator, 42nd District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Eleanor L. Richardson Representative, 52nd District
/s/ Peggy Childs Representative, 53rd District
/s/ Betty Jo Williams Representative, 48th District

Senator Tysinger of the 41st moved that the Senate adopt the Conference Committee report on HB 917.

On the motion, the yeas were 29, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 917.

The following bills of the House and Senate were taken up for the purpose of consider ing the Conference Committee reports thereon:

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.

2234

JOURNAL OF THE SENATE

The Conference Committee report on HB 387 was as follows:

The Committee of Conference on HB 387 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 387 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Culver Kidd Senator, 25th District
/s/ Floyd Hudgins Senator, 15th District
/s/ Gene Walker Senator, 43rd District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Lauren McDonald, Jr. Representative, 12th District
/s/ Jack Connell Representative, 87th District
/s/ Larry Walker Representative, 115th District

Conference Committee substitute to HB 387:

A BILL
To be entitled an Act 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; to provide that upon the request of a member of the General Assembly a copy of the minutes of a meeting of the committee shall be sent to such member; 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 28-4-2 of the Official Code of Georgia Annotated, relating to the general powers and duties of the Legislative Services Committee, is amended by striking subsection (f) in its entirety and inserting in lieu thereof a new subsection (f) to read as follows:
"(f) The committee is authorized to contract with a licensed certified public accountant or certified public accounting firm to perform a management audit of the financial practices and operations of the legislative branch of government and, if the committee deems it advis able, to conduct a performance audit of one or more of the legislative offices listed in subsec tion (e) of this Code section."
Section 2. Said Code section is further amended by striking subsection (g) in its en tirety and inserting in lieu thereof a new subsection (g) to read as follows:
"(g) A copy of the minutes of the meetings of the committee and of the audits provided for in this Code section shall be made available for public inspection in the office of the Speaker of the House of Representatives, in the office of the President of the Senate, in the office of the Clerk of the House of Representatives, and in the office of the Secretary of the Senate. Upon the request of a member of the General Assembly, a copy of the minutes of a meeting of the committee shall be sent to such member."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Senator Kidd of the 25th moved that the Senate adopt the Conference Committee re port on HB 387.

On the motion, a roll call was taken, and the vote was as follows:

THURSDAY, MARCH 12, 1987

2235

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes
oBBrroanuenn"oonf 46th Bryant Burton Coleman Coverdell Crumbley Dawkins

Deal Dean Echols Edge English
E_Fonsg"trearm Glllls Harris Hudgins Kennedy Langford McGill

Newbill Olmstead Perry Phillips Ray
SS0 ,hcoutmt aok.fe2nd Starr Stumbaugh Tate Turner Tysinger Walker

Those not voting were Senators:

Brown of 47th (excused) Fincher Garner Harrison Hine

Howard Huggins Kidd Land McKenzie

Peevy Ragan Scott of 36th Timmons Tolleson

On the motion, the yeas were 40, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 387.

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 Conference Committee report on SB 230 was as follows:

The Committee of Conference on SB 230 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 230 be adopted.
Respectfully submitted,

FOR THE SENATE:
Is/ J. Nathan Deal Senator, 49th District
/s/ Edward Hine, Jr. Senator, 52nd District
/s/ Quillian Baldwin Senator, 29th District

FOR THE HOUSE OF REPRESENTATIVES:
/a/ Roy L. Alien Representative, 127th District
/s/ Michael L. Thurmond Representative, 67th District
/s/ J. Max Davis Representative, 45th District

2236

JOURNAL OF THE SENATE

Conference Committee substitute to SB 230:

A BILL
To be entitled an Act 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 supersede and abolish the rule of common law stated by the Supreme Court of Georgia in the case of Robinson v. The State, 256 Ga. 564 (1986) that when a statute making described conduct a crime is repealed prior to final judgment on a conviction, the repeal ends the prosecution if the legislature has not provided otherwise in a saving clause; 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; to provide that prosecu tions of such crimes shall not be abated as the result of such repeal, repeal and reenactment, or amendment unless the General Assembly expressly declares otherwise; to provide an ef fective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions relative to crimes and offenses, is amended by adding at the end thereof a new Code Section 16-1-11 to read as follows:
"16-1-11. The repeal, repeal and reenactment, or amendment of any law of this state which prohibits any act or omission to act and which provides for any criminal penalty therefor, whether misdemeanor, misdemeanor of a high and aggravated nature, or felony, shall not affect or abate the status as a crime of any such act or omission which occurred prior to the effective date of the Act repealing, repealing and reenacting, or amending such law, nor shall the prosecution of such crime be abated as a result of such repeal, repeal and reenactment, or amendment unless the General Assembly expressly declares otherwise in the Act repealing, repealing and reenacting, or amending such 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.

Senator Deal of the 49th moved that the Senate adopt the Conference Committee re port on SB 230.

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 ,,BBBBr,orrroaywnuaennnnot onf,. 4.,,6.t,h Burton
Coleman
Coverdell Crumbley Dawkins Deal

Dean Echols Edge Engram Garner .HHHGITi.uualrgldj.irggsisiinnss Kennedy
Kidd
Land Langford McGill Newbill

Olmstead Perry Phillips Ragan pj oSQo_o,cchoout.ttmttt a0ok1.le,e2,,3<>,,nodtAh, Starr
Stumbaugh
Tate Tolleson Turner Tysinger

THURSDAY, MARCH 12, 1987

2237

Those not voting were Senators:

Brown of 47th (excused) English Fincher Foster

Harrison Hine Howard McKenzie

Peevy Timmons Walker

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on SB 230.

HB 541. By Representative Athon of the 57th:
A bill to amend Article 6 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to anatomical gifts, so as to provide that a bank or storage facility must be licensed, accredited, or approved under the laws of this state; to provide that a hospital shall maintain a written cooperative agreement with at least one bank or storage facility for the purpose of procuring anatomical gifts.

The Conference Committee report on HB 541 was as follows:

The Committee of Conference on HB 541 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 541 be adopted.
Respectfully submitted,

FOR THE SENATE:
Is,/ Alex Crumbley Senator, 17th District
/s/ Edward Hine, Jr. Senator, 52nd District
/s/ Pierre Howard Senator, 42nd District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Troy Athon Representative, 57th District
hi E. M. Childers Representative, 15th District
l&l William C. Mangum, Jr. Representative, 57th District

Conference Committee substitute to HB 541:

A BILL
To be entitled an Act to amend Article 6 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to anatomical gifts, as amended by an Act approved April 1, 1986 (Ga. L. 1986, p. 645), so as to change certain definitions; to provide a definition of organ procurement agency; to provide for preferences for recipients of anatomical gifts who are residents of this state under certain conditions; to create the Advisory Board on Ana tomical Gift Procurement; to provide for the composition of the board; to provide for terms and allowances of members; to provide powers and duties of the board; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article 6 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to anatomical gifts, as amended by an Act approved April 1, 1986 (Ga. L. 1986, p. 645), is amended by striking in its entirety paragraph (1) of Code Section 44-5-142, relating to definitions affecting anatomical gifts, and inserting in its place a new paragraph (1) to read as follows:
"(1) 'Bank or storage facility' means a tissue bank or eye bank licensed or approved by the State of Georgia and also means an organ procurement agency or other facilities for the storage of human bodies or parts thereof in this state."
Section 2. Said article is further amended by inserting immediately following paragraph

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JOURNAL OF THE SENATE

(4) of Code Section 44-5-142, relating to definitions affecting anatomical gifts, a new para graph, to be designated paragraph (4.5), to read as follows:
"(4.5) 'Organ procurement agency" means an organization located in the State of Geor gia that is designated by the Health Care Financing Administration of the federal Depart ment of Health and Human Services under the end stage renal disease facility regulations to perform or coordinate the performance of all of the following services:
(A) Procurement of donated kidneys;
(B) Preservation of donated kidneys;
(C) Transportation of donated kidneys; and
(D) Maintenance of a system to locate prospective recipients of procured organs.
An organ procurement agency may also perform these services for extrarenal vital organs and includes any organization certified by the federal Department of Health and Human Services as an organ procurement agency."
Section 3. Said article is further amended by striking in their entirety Code Section 445-143, relating to adult decedents who may make anatomical gifts, and Code Section 44-5143.1, relating to anatomical gifts of minor decedents, and inserting in their place new Code Sections 44-5-143 and 44-5-143.1 to read as follows:
"44-5-143. (a) Any individual who is 18 years of age or older and of sound mind may give all or any part of his body for any purpose specified in Code Section 44-5-144, the gift to take effect upon death.
(b) On or before the occurrence of death in a hospital, when persons in prior classes are not available and in the absence of actual notice of contrary indications by the decedent or actual notice of opposition by a member of the same or a prior class, the person in charge of the hospital or his designated representative shall notify the applicable type of bank or storage facility which shall, if appropriate, request that any of the following persons, in order of priority stated, give all or any part of the decedent's body for any purpose specified in Code Section 44-5-144:
(1) The spouse;
(2) An adult son or daughter;
(3) Either parent;
(4) An adult brother or sister;
(5) A guardian of the person of the decedent at the time of his death other than a guardian ad litem appointed for such purpose; or
(6) Any other person authorized or under obligation to dispose of the body.
(c) (1) The person in charge of the hospital or his designated representative shall record in a book kept for this purpose a statement to the effect that the applicable type of bank or storage facility has been notified and whether, if appropriate, a request for a consent to an anatomical gift has been made and shall further indicate whether or not consent was granted, the name of the person granting the consent, and his or her relationship to the decedent.
(2) A request under subsection (b) of this Code section is appropriate only when con sent would yield a donation suitable for use pursuant to medical and other criteria as de fined by regulations of the Board of Human Resources.
(d) If the donee has actual notice of contrary indications by the decedent or actual notice that a gift by a member of a class is opposed by a member of the same or a prior class, the donee shall not accept the gift. The persons authorized by subsection (b) of this Code section may make the gift after or immediately before death. Upon admission of a person to any hospital, at his request, the hospital shall record in a book kept for the pur pose, the expression of intent of such person with regard to the disposition of his body and

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such expression shall be deemed to be sufficient notice under this Code section not to be contravened by opposition from persons listed in subsection (b) of this Code section.
(e) A gift of all or part of a body authorizes any examination necessary to assure medi cal acceptability of the gift for the purposes intended.
(f) The rights of the donee created by the gift are paramount to the rights of others except as provided by subsection (d) of Code Section 44-5-148.
(g) The Board of Human Resources shall establish regulations concerning the training of any person or persons who may be designated to perform the request and the procedures to be employed in making it. In addition, the board shall establish such regulations as are necessary to implement appropriate hospital procedures to facilitate the delivery of dona tions from receiving hospitals to potential recipients.
(h) The Board of Human Resources shall establish such additional rules and regulations as are necessary for the implementation of this Code section.
(i) In promulgating or amending all rules and regulations required for the proper imple mentation and administration of this Code section, the Board of Human Resources shall consult with and receive input from any and all affected associations, agencies, or entities including but not limited to the Medical Association of Georgia, the Atlanta Regional Organ Procurement Agency, the Atlanta Regional Tissue Bank, the Medical College of Georgia Regional Organ Procurement Program, the Georgia Lions Eye Bank, Inc., and the Georgia Hospital Association.
(j) In the absence of a specification by a decedent or a person authorized to give all or part of the decedent's body, any bank or storage facility that becomes the donee shall give preference to potential recipients of that donation who are residents of this state if:
(1) The donation is medically acceptable to the potential recipients who are residents of this state;
(2) Potential recipients who are residents of other states are not in greater need of the donation than potential recipients who are residents of this state; and
(3) The requisite medical procedure required for the potential recipient to receive the donation will be performed in this state.
44-5-143.1. (a) The parents, legal guardian, or other person authorized under subsection (b) of this Code section may, unless otherwise directed by a will, give all or any part of the body of a person who is under 18 years of age for any purpose specified in Code Section 445-144, the gift to take effect upon death.
(b) On or before the occurrence of death in a hospital, when persons in prior classes are not available and in the absence of actual notice of contrary indications by the decedent or actual notice of opposition by a member of the same or a prior class, the person in charge of the hospital or his designated representative shall notify the applicable type of bank or storage facility which shall, if appropriate, request that any of the following persons, in order of priority stated, give all or any part of the decedent's body for any purpose specified in Code Section 44-5-144:
(1) Both parents;
(2) If both parents are not readily available and no contrary indications of the absent parent are known, one parent;
(3) If the parents are divorced or legally separated, the custodial parent;
(4) In the absence of the custodial parent, when no contrary indications of the absent parent are known, the noncustodial parent;
(5) If there are no parents, the legal guardian; or
(6) Any other person authorized or obligated to dispose of the body.
(c) (1) The person in charge of the hospital or his designated representative shall record

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in a book kept for this purpose a statement to the effect that the applicable type of bank or storage facility has been notified and whether, if appropriate, a request for a consent to an anatomical gift has been made and shall further indicate whether or not consent was granted, the name of the person granting the consent, and his or her relationship to the decedent.
(2) A request under subsection (b) of this Code section is appropriate only when con sent would yield a donation suitable for use pursuant to medical and other criteria as de fined by regulations of the Board of Human Resources.
(d) If the donee has actual notice of contrary indications by the decedent or actual notice that a gift by a member of a class is opposed by a member of the same or a prior class, the donee shall not accept the gift. The persons authorized by subsection (b) of this Code section may make the gift after or immediately before death. Upon admission of a person to any hospital, at his request, the hospital shall record in a book kept for the pur pose of the expression of intent of such person with regard to the disposition of his body and such expression shall be deemed to be sufficient notice under this Code section not to be contravened by opposition from persons listed in subsection (b) of this Code section.
(e) A gift of all or part of a body authorizes any examination necessary to assure medi cal acceptability of the gift for the purposes intended.
(f) The rights of the donee created by the gift are paramount to the rights of others except as provided by subsection (d) of Code Section 44-5-148.
(g) The Board of Human Resources shall establish regulations concerning the training of any person or persons who may be designated to perform the request and the procedures to be employed in making it. In addition, the board shall establish such regulations as are necessary to implement appropriate hospital procedures to facilitate the delivery of dona tions from receiving hospitals to potential recipients.
(h) The Board of Human Resources shall establish such additional rules and regulations as are necessary for the implementation of this Code Section.
(i) In promulgating or amending all rules and regulations required for the proper imple mentation and administration of this Code section, the Board of Human Resources shall consult with and receive input from any and all affected associations, agencies, or entities including but not limited to the Medical Association of Georgia, the Atlanta Regional Organ Procurement Agency, the Atlanta Regional Tissue Bank, the Medical College of Georgia Regional Organ Procurement Program, the Georgia Lions Eye Bank, Inc., and the Georgia Hospital Association.
(j) In the absence of a specification by a decedent or a person authorized to give all or part of the decedent's body, any bank or storage facility that becomes the donee shall give preference to potential recipients of that donation who are residents of this state if:
(1) The donation is medically acceptable to the potential recipients who are residents of this state;
(2) Potential recipients who are residents of other states are not in greater need of the donation than potential recipients who are residents of this state; and
(3) The requisite medical procedure required for the potential recipient to receive the donation will be performed in this state."
Section 4. Said article is further amended by adding at the end thereof two new Code sections, to be designated Code Section 44-5-149 and Code Section 44-5-150, to read as follows:
"44-5-149. (a) There is created an advisory board to be known as the Advisory Board on

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2241

Anatomical Gift Procurement. The board shall be composed of the following appointed persons:
(1) The Governor shall appoint:
(A) One representative of an eye bank;
(B) One representative of a tissue bank;
(C) One representative of a bone bank;
(D) One representative of an organ procurement agency;
(E) One representative of hospitals in this state;
(F) One representative of the medical profession in this state;
(G) One representative of the Department of Human Resources;
(H) One representative of the Department of Medical Assistance; and
(1) One representative of the Health Planning Agency;
(2) The Speaker of the House of Representatives shall appoint three members of the House of Representatives; and
(3) The President of the Senate shall appoint three members of the Senate.
(b) Each person shall be appointed for a term of two years. Legislative members shall be appointed for a term concurrent with a term of office.
(c) The advisory board shall select a chairman and such other officers as it deems neces sary and is empowered to make such rules for governing of the affairs of the board as it deems appropriate. The board shall meet on the call of the chairman.
(d) The members of the board shall receive no compensation. Members appointed under paragraphs (2) and (3) of subsection (a) of this Code section shall receive the al lowances authorized for legislative members of interim legislative committees for each day of attendance upon the business of the board.
44-5-150. The Advisory Board on Anatomical Gift Procurement shall:
(1) Consult with, advise, and lend expertise to the Department of Human Resources in the implementation and administration of rules and regulations regarding this article;
(2) Identify areas of need in supply and demand for human organs and tissues in this state and encourage the cooperation of banks and storage facilities under this article in meeting such needs;
(3) Encourage and recommend the implementation of a formal policy in this state to foster a state-wide network maintained by banks and storage facilities regarding coverage of hospitals and other facilities to assure that anatomical gifts are requested and procured;
(4) Negotiate and recommend for adoption by the department agreements with other states and with banks and storage facilities of other states, whether through protocols, com pacts, or other agreements, and cooperation and reciprocity provisions in the interstate pro curement of anatomical gifts;
(5) Recommend solutions and actions relative to participation in a national network of anatomical gift sharing;
(6) Encourage improved public education and awareness regarding anatomical gifts; and
(7) Report biennially to the Governor, the Health and Ecology Committee of the House of Representatives, and the Human Resources Committee of the Senate regarding the pro gress and actions of the advisory board."
Section 5. All laws and parts of laws in conflict with this Act are repealed.

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Senator Howard of the 42nd moved that the Senate adopt the Conference Committee report on HB 541.

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 Bryant
Burton Coleman Coverdell
Crumbley Deal Dean Echols

Edge English Engram Foster Garner Gillis Harris Howard Hudgins Huggins Kennedy Kidd Land Langford McGill 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:

Brown of 47th (excused) Dawkins Fincher

Harrison Hine McKenzie

Peevy Timmons

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 541.

The following resolution of the Senate was taken up for the purpose of considering the House amendment thereto:

SR 240. By Senators Allgood of the 22nd and Kennedy of the 4th:
A resolution relative to adjournment by the General Assembly sine die at 7:30 o'clock P.M. on Thursday, March 12, 1987.

The House amendment was as follows:

Amend SR 240 by changing "7:30 P.M." to "9:00 P.M."

Senator Allgood of the 22nd moved that the Senate agree to the House amendment to SR 240.

On the motion, the yeas were 35, nays 2; the motion prevailed, and the Senate agreed to the House amendment to SR 240.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

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

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2243

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 House substitute to SB 77 was as follows:

A BILL
To be entitled an Act 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 this and other jurisdictions which constitute a violation of that Code section; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 40-6-391 of the Official Code of Georgia Annotated, relating to driving under the influence of alcohol or drugs, is amended by adding at the end thereof a new subsection (h) to read as follows:
"(h) For purposes of determining under this chapter prior convictions of or pleas of nolo contendere to violating this Code section, in addition to the offense prohibited by this Code section, a conviction of or plea of nolo contendere to any of the following offenses shall be deemed to be a violation of this Code section:
(1) Any federal law substantially conforming to or parallel with the offense covered under this Code section;
(2) Any local ordinance adopted pursuant to Article 14 of Chapter 6 of Title 40, which ordinance adopts the provisions of this Code section;
(3) Any previously or currently existing law of this or any other state, which law was or is substantially conforming to or parallel with this Code section."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Tysinger of the 41st moved that the Senate agree to the House substitute to SB 77.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen BrB> rroanunnoonff 4J/6-..LthI Bryant Burton
Coleman Coverdell Crumbley
Dawkins Deal Dean

Echols Edge English Engram Foster Garner GiHiiollwisardj Hudgins Huggins
Kennedy Kidd Land
Langford McGill McKenzie

Newbill Olmstead Perry Phillips R ^ oQcn, umaK. e,, *arr , , Stumbaugh
TMate Timmons Tolleson
Turner Tysinger Walker

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Those not voting were Senators:

Brown of 47th (excused) Fincher Harris

Harrison Mine Peevy

Scott of 2nd Scott of 36th

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 77.

The following resolution of the Senate was taken up for the purpose of considering the Second Conference Committee report thereon:

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.

The Second Conference Committee report on SR 7 was as follows:

The Committee of Conference on SR 7 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SR 7 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Culver Kidd Senator, 25th District
/s/ Floyd Hudgins Senator, 15th District
/s/ Gene Walker Senator, 43rd District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Claude A. Bray, Jr. Representative, 91st District
/s/ William J. Lee Representative, 72nd District
/s/ Bob Holmes Representative, 28th District

Conference Committee substitute to SR 7:

A RESOLUTION
Proposing an amendment to the Constitution so as to change the terms of office of members of the General Assembly from two years to four years; to provide for matters rela tive 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 III, Section II of the Constitution is amended by striking Paragraph V, relating to the election and terms of office of members of the General Assembly, in its entirety 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 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. Article III, Section IV, Paragraph I of the Constitution, relating to meeting, time limit, and adjournment of the General Assembly, is amended by striking subparagraph

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2245

(a) of Paragraph I in its entirety 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 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. Bills pending at the final adjournment of the regular session in each odd-numbered year shall be carried forward to the regular session in the following even-numbered year. Bills pending at the final adjournment of the regular session in the even-numbered years shall not be carried forward."
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 [ 1 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 Kidd of the 25th moved that the Senate adopt the Second Conference Commit tee report on SR 7.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barnes Bowen Brannon Bryant Coleman Crumbley Dawkins Dean English

Engram Foster Garner Gillis Hudgins Huggins Kennedy Kidd Langford McGill McKenzie

Olmstead Perry Ragan Ray Scott of 36th Shumake Starr Tate Timmons Turner Walker

Those voting in the negative were Senators:

Albert Barker BBruorutonnof 46th
Coverdell
Deal

Echols Edge HHianrerison
Howard
Land

Newbill Phillips ,,S,tumb, augh,
Tolleson
Tysinger

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Those not voting were Senators:

Brown of 47th (excused) Harris

Fincher

Peevy

Scott of 2nd

On the motion, the yeas were 33, nays 17; the motion, having failed to receive the requi site two-thirds constitutional majority, was lost, and the Senate rejected the Second Confer ence Committee report on SR 7.

Senator Kidd of the 25th moved that the Senate reconsider its action in rejecting the Second Conference Committee report on SR 7.

On the motion, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barnes Bowen
4,~6tvh

Engram Foster Garner Gillis
Harris

Cowman Crumbley Dawkins Deal Dean English

^ ns Huggms Kennedy Kidd Langford McGill

McKenzie Olmstead Perry Ragan
Rgcaoytt of
fumake Starr Tate Timmons Turner Walker

Those voting in the negative were Senators:

Albert Barker Burton Coverdell

Echols Edge Harrison Land

Newbill Phillips Tolleson Tysinger

Those not voting were Senators:

Brown of 47th (excused) Howard

Fincher

Peevy

Scott of 2nd Stumbaugh

On the motion, the yeas were 37, nays 12; the motion prevailed, and the Senate recon sidered its rejection of the Second Conference Committee report on SR 7.

Senator Kidd of the 25th moved that the Senate adopt the Second Conference Commit tee report on SR 7.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barnes Bowen Brannon Bryant

Coleman Crumbley Dawkins Dean English Engram

Foster Garner Gillis Harris Hudgins Huggins

THURSDAY, MARCH 12, 1987

2247

Kennedy
Kidd L\MiacnG/^gMifloli rd McKenzie Olmstead

Perry
Ragan RoScaoy*t.ti orf r2,ndj Scott of 36th Shumake

Starr Tate rlri-mmons
Turner Walker

Those voting in the negative were Senators:

Albert Barker BBruorutonnof 46th
Coverdell
Deal

Echols Edge HHianrerison
Howard
Land

Newbill Phillips S0tu4m.1ba.u1gh.
Tolleson
Tysinger

Those not voting were Senators:

Brown of 47th (excused) Fincher

Peevy

On the motion, the yeas were 35, nays 17; the motion, having failed to receive the requi site two-thirds constitutional majority, was lost, and the Senate rejected the Second Confer ence Committee report on SR 7.

The following bill of the House was taken up for the purpose of considering the Second Conference Committee report thereon:

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.

The Second Conference Committee report on HB 185 was as follows:

The Committee of Conference on HB 185 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 185 be adopted.
Respectfully submitted,

FOR THE SENATE:
M Culver Kidd Senator, 25th District
/s/ Gene Walker Senator, 43rd District
/s/ Floyd Hudgins Senator, 15th District

FOR THE HOUSE OF REPRESENTATIVES:
/a/ Claude A. Bray, Jr. Representative, 91st District
/s/ Bob Holmes Representative, 28th District
/s/ Cathey W. Steinberg Representative, 46th District

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JOURNAL OF THE SENATE

Conference Committee substitute to HB 185:

A BILL
To be entitled an Act to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for procedures for appealing certain decisions of the Secretary of State regarding the qualifications of candidates for federal or state office; to provide for procedures for appealing certain decisions of an election superintendent regard ing the qualifications of candidates for county office; to change certain provisions relating to the creation of joint boards of elections and joint boards of elections and registrations; to provide for certain election functions which may be performed by counties; to change cer tain 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; to provide that in certain primaries and elections, an elector's current address shall be entered on a voter's certificate; to provide that the Secretary of State shall certify to the election superintendent of certain counties the names of all persons who have filed notices of intention to be write-in candidates with the Secretary of State; to provide that if the death or disqualification of a candidate after nomination for any public office, except an office filled by a nonpartisan primary, would at the time of such event result in there being no candidate for that office on the ballot in the general election, then the vacancy shall be filled by a special primary which shall be open only to the party of such deceased or disqualified candidate and the office shall be filled by a special election as provided in Code Section 21-2-540; to change the provisions relating to the closing of qualifying for certain primaries; to change the provisions relating to the dead line for filing certain notices of candidacy; to change certain provisions relating to the selec tion of candidates for the office of President of the United States to appear on ballots; to change certain provisions relating to procedures for withdrawal of certain candidates; to provide that in the event that the final day to register to vote in a special primary or elec tion occurs on a Saturday, Sunday, or legal holiday, the final day to register to vote will be the next following business day; to provide that certain ballots may be bound together in books of 25, 50, or 100; to provide that absentee ballots may be requested not more than 180 days prior to the date of a primary or election; to provide that special write-in absentee ballots may be requested not earlier than 180 days prior to an election; to provide that votes cast in certain primaries for candidates who have died, withdrawn, or been disqualified and votes cast in certain elections for candidates who have died or have been disqualified shall be void and shall not be counted; to provide for an alternative method of voting for certain handicapped electors who are unable to vote on a voting machine; to provide for ballots and accommodations; to provide that in certain cases where the court declares a primary or election to be invalid with regard to certain nominations, offices, or eligibility, the court shall call for the primary or election to be conducted again among the same candidates who participated in the original primary or election to fill such nomination or office; to provide for procedures for appealing certain decisions of a municipal superintendent regarding the qualifications of candidates for municipal office; to change certain provisions relating to mu nicipal authorization of counties to conduct certain municipal elections; to provide for cer tain election functions which may be performed by counties; to provide that in the event the final day to register to vote in a municipal special primary or election occurs on a Saturday, Sunday, or legal holiday, the final day for registration will be the next following business day; to provide that certain municipal ballots may be bound together in books of 25, 50, or 100; to provide that in municipal primaries and elections, an elector's current address shall be entered on a voter's certificate; to provide that votes cast in certain municipal primaries for candidates who have died, withdrawn, or been disqualified and votes cast in certain municipal elections for candidates who have died or have been disqualified shall be void and shall not be counted; to provide for an alternative method of voting for certain handicapped municipal electors who are unable to vote on a voting machine; to provide for ballots and accommodations; to repeal conflicting laws; and for other purposes.

THURSDAY, MARCH 12, 1987

2249

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 subsection (d) of Code Section 21-2-5, relating to qualifications of can didates for federal or state office, and inserting in its place a new subsection (d) to read as follows:
"(d) The elector filing the challenge or the candidate challenged shall have the right to appeal the decision of the Secretary of State by filing a petition in the Superior Court of Fulton County within ten days after the entry of the final decision by the Secretary of State. The filing of the petition shall not itself stay the decision of the Secretary of State; however, the reviewing court may order a stay upon appropriate terms for good cause shown. As soon as possible after service of the petition, the Secretary of State shall transmit the original or a certified copy of the entire record of the proceedings under review to the reviewing court. The review shall be conducted by the court without a jury and shall be confined to the record. The court shall not substitute its judgment for that of the Secretary of State as to the weight of the evidence on questions of fact. The court may affirm the decision or re mand the case for further proceedings. The court may reverse or modify the decision if substantial rights of the appellant have been prejudiced because the findings, inferences, conclusions, or decisions of the Secretary of State are:
(1) In violation of the Constitution or laws of this state;
(2) In excess of the statutory authority of the Secretary of State;
(3) Made upon unlawful procedures;
(4) Affected by other error of law;
(5) Clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or
(6) Arbitrary or capricious or characterized by an abuse of discretion or a clearly unwar ranted exercise of discretion.
An aggrieved party may obtain a review of any final judgment of the superior court by the Court of Appeals or the Supreme Court, as provided by law."
Section 2. Said title is further amended by striking subsection (d) of Code Section 21-26, relating to qualifications of candidates for county office, and inserting in its place a new subsection (d) to read as follows:
"(d) The elector filing the challenge or the candidate challenged shall have the right to appeal the decision of the superintendent by filing a petition in the superior court of the county in which the candidate resides within ten days after the entry of the final decision by the superintendent. The filing of the petition shall not itself stay the decision of the super intendent; however, the reviewing court may order a stay upon appropriate terms for good cause shown. As soon as possible after service of the petition, the superintendent shall transmit the original or a certified copy of the entire record of the proceedings under review to the reviewing court. The review shall be conducted by the court without a jury and shall be confined to the record. The court shall not substitute its judgment for that of the super intendent as to the weight of the evidence on questions of fact. The court may affirm the decision or remand the case for further proceedings. The court may reverse or modify the decision if substantial rights of the appellant have been prejudiced because the findings, inferences, conclusions, or decisions of the superintendent are:
(1) In violation of the Constitution or laws of this state;
(2) In excess of the statutory authority of the superintendent;
(3) Made upon unlawful procedures;
(4) Affected by other error of law;

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(5) Clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or
(6) Arbitrary or capricious or characterized by an abuse of discretion or a clearly unwar ranted exercise of discretion.
An aggrieved party may obtain a review of any final judgment of the superior court by the Court of Appeals or the Supreme Court, as provided by law."
Section 3. Said title is further amended by striking Code Section 21-2-45, relating to creation of joint boards of elections and boards of elections and registrations, and inserting in its place a new Code Section 21-2-45 which reads as follows:
"21-2-45. (a) The General Assembly may by local Act create a joint county-municipal board of elections in any county of this state for that county and any municipality located wholly or partially within that county and empower the board with the powers and duties of the election superintendent of that county and municipality with regard to the conduct of primaries and elections.
(b) The General Assembly may by local Act create a joint county-municipal board of elections and registration in any county of this state for that county and any municipality located wholly or partially within that county and empower the board with the powers and duties of the election superintendent of that county and municipality with regard to the conduct of primaries and elections and empower the board with the powers and duties of the registrars and board of registrars of that municipality and county with regard to the registration of voters and absentee-balloting procedures.
(c) The governing authority of any municipality may authorize any county within which that municipality wholly or partially lies to conduct any or all elections held pursuant to this chapter. In the event a municipality shall by ordinance authorize such county to con duct elections, such municipality may request such county to perform any or all of the functions:
(1) That the county shall perform all duties as superintendent of elections as specified under Chapter 3 of this title;
(2) That the county shall perform all duties as superintendent of elections as specified under Chapter 3 of this title, with the exception of the qualification of candidates; or
(3) That the county shall lease or loan any or all of its election equipment to the munic ipality for the purpose of conducting municipal elections without any responsibility on the part of the county for the actual conduct of the municipal election.
With reference to any election, such municipality shall pay such county all costs incurred in performing those functions which the municipality has requested the county to perform; and, unless otherwise authorized, such county shall only perform those functions specifically enumerated in the contract. Such county shall have authority to conduct elections in any and all counties in which any part of such municipality may lie."
Section 4. Said title is further amended by striking paragraphs (1) and (2) of subsection (c) of Code Section 21-2-131, relating to qualifying fees, and inserting in their place new paragraphs (1) and (2), respectively, to read as follows:
"(1) Fees paid to the county political party: 50 percent to be retained by the county political party with which the candidate qualified; 50 percent to be transmitted to the su perintendent of the county with the party's certified list of candidates not later than 12:00 Noon of the fifth day after the deadline for qualifying in the case of a general primary and by 12:00 Noon of the day following the closing of qualifications in the case of a special primary. Such fees shall be transmitted as soon as practicable by the superintendent to the governing authority of the county, to be applied toward the cost of the primary and election;
(2) Fees paid to the state political party: 50 percent to be retained by the state political party; 50 percent to be transmitted to the Secretary of State with the party's certified list of candidates not later than 12:00 Noon of the fifth day after the deadline for qualifying in the

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case of a general primary and by 12:00 Noon of the day following the closing of qualifica tions in the case of a special primary. Such fees shall be transmitted as soon as practicable by the Secretary of State as follows: one-third to the state treasury and two-thirds to the governing authority of the county or counties in the district in which the candidate runs, such fees to be applied toward the cost of holding the primary and election. If the office sought by the candidate is filled by the vote of electors of more than one county, such fee shall be divided among the counties involved in proportion to the vote cast by each county in the preceding presidential election;"
Section 5. Said title is further amended by striking subsection (c) of Code Section 21-2132, relating to filing notices of candidacy, and inserting in its place a new subsection (c) to read as follows:
"(c) All other candidates shall file their notice of candidacy and pay the prescribed qualifying fee by the date prescribed in this Code section in order to be eligible to have their names placed on the election ballot by the Secretary of State or election superintendent, as the case may be, in the following manner:
(1) Each candidate for federal or state office, or his agent, desiring to have his name placed on the election ballot shall file a notice of his candidacy, giving his name, residence address, and the office he is seeking, in the office of the Secretary of State no earlier than 9:00 A.M. on the fourth Wednesday in May and no later than 12:00 Noon on the second Friday following the fourth Wednesday in May in the case of a general election and no earlier than the date of the call of the election and no later than 25 days prior to the elec tion in the case of a special election;
(2) Each candidate for a county office, or his agent, desiring to have his name placed on the election ballot shall file notice of his candidacy in the office of the superintendent of his county no earlier than 9:00 A.M. on the fourth Wednesday in May and no later than 12:00 Noon on the second Friday following the fourth Wednesday in May in the case of a general election and no earlier than the date of the call of the election and no later than 25 days prior to the election in the case of a special election."
Section 6. Said title is further amended by striking Code Section 21-2-133, relating to the giving of notice of intent of candidacy by write-in candidates, and inserting in its place a new Code Section 21-2-133 to read as follows:
"21-2-133. (a) No person elected on a write-in vote shall be eligible to hold office unless notice of his intention of candidacy was given 20 or more days prior to the election by the person to be a write-in candidate or by some other person or group of persons qualified to vote in the subject election, as follows:
(1) In a state general or special election, to the Secretary of State and by publication in a paper of general circulation in the state; or
(2) In a general or special election of county officers, to the superintendent of elections in the county in which he is to be a candidate and by publication in the official organ of the same county.
(b) The Secretary of State shall certify to the election superintendent of each county affected at least ten days prior to the general or special election the names of all persons who have filed notices of intention to be write-in candidates with the Secretary of State."
Section 7. Said title is further amended by striking subsection (d) of Code Section 21-2134, relating to the filling of vacancies in party nominations caused by the death or disquali fication of candidates, and inserting in its place a new subsection (d) to read as follows:
"(d) If the death or disqualification of a candidate after nomination for any public of fice, except an office filled by a nonpartisan primary, would at the time of such event result in there being no candidate for that office on the ballot in the general election, then the vacancy shall be filled by a special primary which shall be open only to the party of such deceased or disqualified candidate and the office shall be filled by a special election as pro vided in Code Section 21-2-540."

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Section 8. Said title is further amended by striking subsection (c) of Code Section 21-2153, relating to qualification of candidates for party nomination in a primary, and inserting in its place a new subsection (c) to read as follows:
"(c) In the case of a general primary, the candidates shall commence qualifying at 9:00 A.M. on the fourth Wednesday in May and shall cease qualifying at 12:00 Noon on the second Friday following the fourth Wednesday in May. In the case of a special primary, the candidate shall qualify at least 15 days prior to the date of such primary."
Section 9. Said title is further amended by striking Code Section 21-2-187, relating to the holding of political body conventions, and inserting in its place a new Code Section 212-187 to read as follows:
"21-2-187. Political bodies shall hold their conventions in accordance with Code Section 21-2-172 and candidates nominated for state-wide public office in convention shall file a notice of candidacy no earlier than 9:00 A.M. on the fourth Wednesday in May and no later than 12:00 Noon on the second Friday following the fourth Wednesday in May as prescribed in Code Section 21-2-132; provided, however, that the political body must file its qualifying petition no later than the first Tuesday in August following the convention as prescribed in Code Section 21-2-185 in order to qualify its candidates to be listed on the general election ballot."
Section 10. Said title is further amended by striking Code Section 21-2-193, relating to selection of candidates for office of the President of the United States to appear on ballots, and inserting in its place a new Code Section 21-2-193 to read as follows:
"21-2-193. (a) The name of any candidate for a political party or body nomination for the office of President of the United States shall be printed upon the ballot used in such primary upon the direction of a presidential candidate selection committee composed of a nonvoting chairman who shall be the Secretary of State, and the Speaker of the House of Representatives, the majority leader of the Senate, the minority leaders of both the House and Senate, and the chairmen of the political parties and bodies who conduct a presidential preference primary pursuant to Code Section 21-2-191. The Secretary of State, during the first week in December of the year preceding the year in which a presidential preference primary is held, shall prepare and publish a list of names of potential presidential candi dates who are generally advocated or recognized in news media throughout the United States as aspirants for that office and who are members of a political party or body which will conduct a presidential preference primary in this state; provided, however, that the Secretary of State shall not include on such list the name of any potential presidential can didate who, if elected to the office of President of the United States, would be ineligible under the Constitution and laws of the United States to serve in such elected office. The Secretary of State shall submit such list of names of potential presidential candidates to the selection committee during the second week in December of the year preceding the year in which a presidential preference primary is held. The selection committee shall meet in At lanta during the third week in December of the year preceding the year in which a presiden tial preference primary is held, on a date publicly announced by the chairman. Each person designated by the Secretary of State as a presidential candidate shall appear upon the ballot of the appropriate political party or body unless all committee members of the same politi cal party or body as the candidate agree to delete such candidate's name from the ballot. The selection committee shall publicly announce and submit the names of presidential can didates who shall appear on the presidential primary ballot to the Secretary of State no later than the end of the fourth week of December of the year preceding the year a presi dential preference primary is held. Not later than January 1 of each year in which a presi dential preference primary is held, the Secretary of State shall notify each potential presi dential candidate designated by the committee for inclusion on the primary ballot. Such notification shall be in writing by registered or certified mail with return receipt requested.
(b) Any presidential candidate whose name is not selected by the Secretary of State or whose name is deleted by the selection committee may request, in writing, to the chairman of the selection committee, prior to January 6 of each year in which a presidential prefer-

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ence primary is held, that his name be placed on the ballot. Not earlier than January 6, nor later than January 10, the Secretary of State shall convene the committee to consider such requests; provided, however, that the committee shall not consider any request to place the name of any potential presidential candidate on the ballot if such potential presidential candidate, if elected to the office of President of the United States, would be ineligible. If any member of the selection committee of the same political party or body as the candidate requests that such candidate's name be placed on the ballot, the committee shall direct the Secretary of State to place the candidate's name on the ballot. Within five days after such meeting, the Secretary of State shall notify the potential presidential candidate whether or not his name will appear on the ballot."
Section 11. Said title is further amended by striking Code Section 21-2-194, relating to procedures for withdrawal of certain candidates, and inserting in its place a new Code Sec tion 21-2-194 to read as follows:
"21-2-194. A candidate's name shall be printed on the appropriate primary ballot unless he submits to the Secretary of State by 12:00 Noon, January 15, in each year in which a presidential preference primary is held, an affidavit stating without qualification that he is not now and does not presently intend to become a candidate for the office of President of the United States at the upcoming nominating convention of his political party or body. If a candidate withdraws pursuant to this Code section, the Secretary of State shall notify the state executive committee of the political party or body of such candidate that the candi date's name will not be placed on the ballot."
Section 12. Said title is further amended by striking Code Section 21-2-228, relating to registration of persons to vote in special primaries and elections, and inserting in its place a new Code Section 21-2-228 to read as follows:
"21-2-228. Any person who has registered for a general primary or election, if otherwise qualified to vote at any special primary or election occurring before the next November election, shall be listed and entitled to vote at such special primary or election. At the close of the registrars' business on the fifth day, if such date is a Saturday, Sunday, or a legal holiday, then on the next following business day, after the call of such special primary or election, the registrars shall cease taking applications from persons desiring to register to vote therein and proceed to examine the qualifications of the applicants in the same manner as provided in this article with reference to applicants desiring to qualify to vote in Novem ber elections, except when a special primary or special election is held at the same time as the general primary, the registration deadline for the special primary or special election shall be the same as the general primary, and when a special primary or special election is held at the same time as the general election, the registration deadline for the special pri mary or special election shall be the same as the general election. The registrars shall then prepare a supplemental list showing the names of additional electors who are entitled to vote at such special primary or election, and any person whose name appears on such list may vote at such special primary or election, subject to the limitations prescribed in the proviso contained in the first sentence of Code Section 21-2-235; but the registrars shall purge such list, before filing it, of all persons who will not be qualified to vote, in the same manner as provided with reference to the list for a November election. A certified list so prepared, arranged alphabetically, and divided according to precincts as in the case of No vember election lists shall be filed with the clerk of the superior court and the Secretary of State within ten days after the call of such special primary or election. The registrars shall determine and place on the official electors list each elector's proper congressional district, state Senate district, state House district, county commissioner district, if any, and county school board district, if any, and, if the county maintains the electors list for municipalities within the county, the registrar shall also determine the proper city commission, city coun cil, or other such municipal district for all electors residing in such municipalities. It shall be the duty of the registrars upon the call of a special primary or election to purge the list of electors prepared for the last November election of any names subsequently disqualified for any reason and to furnish the poll officers of such special primary or election two lists, one composed of the names of electors entitled to vote by reason of their registration for the last

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November election and the other made up of the names of those entitled to vote by reason of their subsequent registration as provided in Code Section 21-2-227, subject to the limita tions prescribed in the proviso contained in the first sentence of Code Section 21-2-235. No one shall be entitled to vote in such special primary or election unless his name is on one of the lists furnished by the registrars. The registrars may combine such lists."
Section 13. Said title is further amended by striking subsection (b) of Code Section 212-286, relating to printing, numbering, and binding of ballots, and inserting in its place a new subsection (b) to read as follows:
"(b) Ballots shall be at least six inches long and four inches wide and shall have a margin extending beyond any printing thereon. They shall be printed with the same kind of type, which shall not be smaller than the size known as 'brevier' or 'eight point body,' upon white paper of uniform quality, without any impression or mark to distinguish one from another, and with sufficient thickness to prevent the printed matter from showing through, except that ballots being used in primaries held by more than one party may be of different colors if the parties so agree. Each ballot shall be attached to a name stub, and all the ballots for the same precinct shall be bound together in books of 25, 50, or 100, in such manner that each ballot may be detached from its stub and removed separately. The ballots for each party to be used at a primary shall be bound separately. The name stubs of the ballots shall be consecutively numbered; and, in the case of primary ballots, the number shall be preceded by an initial or abbreviation designating the party name. The number and initial or abbreviation which appears upon the stub shall also be printed in the upper por tion of the front of the ballot, separated from the remainder of the ballot by a horizontal perforated line so as to constitute a number strip and so prepared that the upper portion of the front of the ballot containing the number may be detached from the ballot before it is deposited in the ballot box. The number strip on the ballot shall also have the following words printed thereon: 'Tear off before depositing ballot in ballot box.""
Section 14. Said title is further amended by striking subsection (a) of Code Section 212-381, relating to applications for absentee ballots, and inserting in its place a new subsec tion (a) to read as follows:
"(a) (1) Not more than 180 days prior to the date of the primary or election, or runoff of either, in which the elector desires to vote, any absentee elector may make, either by mail or in person in the registrar's office, an application to the board of registrars of the county of the elector's residence, for an official ballot of the elector's precinct to be voted at such primary, election, or runoff. In the case of an elector residing temporarily out of the county or a physically disabled elector residing within the county, the application for the elector's absentee ballot may, upon satisfactory proof of relationship, be made by his mother, father, grandparent, aunt, uncle, sister, brother, spouse, son, daughter, mother-in-law, father-inlaw, brother-in-law, or sister-in-law, of the age of 18 or over. The application shall be in writing and shall contain sufficient information for proper identification of the elector; the permanent or temporary address of the elector to which the absentee ballot shall be mailed; the identity of the primary, election, or runoff in which the elector wishes to vote; the reason for requesting the absentee ballot; and the name and relationship of the person requesting the ballot if other than the elector. Except in the case of physically disabled electors resid ing in the county, no absentee ballot shall be mailed to an address other than the perma nent or temporary out-of-county address of the elector. Relatives applying for absentee bal lots for electors must also sign an oath stating that facts in the application are true. If the elector is unable to fill out or sign his own application because of illiteracy or physical disa bility, the elector shall make his mark, and the person filling in the rest of the application shall sign his name below it as a witness; provided, however, that one timely and proper application for an absentee ballot for use in a primary shall be sufficient to require the sending or delivery to an eligible absentee elector who lives outside the county in which the election is held and is also a member of the armed forces of the United States, a member of the merchant marine of the United States, or a spouse or dependent of a member of the armed forces or the merchant marine residing with or accompanying said member or over seas citizen an absentee ballot for such primary as well as for any runoffs resulting there-

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from and for the election for which such primary shall nominate candidates. Further, such application for an absentee ballot to be used in any election shall be sufficient to require the sending and delivery of an absentee ballot for any runoffs resulting from such election. In any event, a separate and distinct application for an absentee ballot shall be required for the presidential preference primary held pursuant to Article 5 of this chapter and for any special election or special primary.
(2) A properly executed registration card submitted under the provisions of subparagraph (b)(2)(A) of Code Section 21-2-217, if submitted within 180 days of a primary or election in which the registrant is entitled to vote, shall be considered to be an application for an absentee ballot under this Code section, or for a special absentee ballot under Code Section 21-2-381.1, as appropriate."
Section 15. Said title is further amended by striking subsection (a) of Code Section 212-381.1, relating to procedures for voting with special write-in absentee ballots, and in serting in its place a new subsection (a) to read as follows:
"(a) Notwithstanding any other provisions of this chapter, a qualified absentee elector, as defined in Code Section 21-2-380, may apply not earlier than 180 days before an election for a special write-in absentee ballot. This ballot shall be for presidential electors and United States senator or representative in Congress."
Section 16. Said title is further amended by striking subsection (a) of Code Section 212-402, relating to preparation of voter's certificates by the Secretary of State, and inserting in its place a new subsection (a) to read as follows:
"(a) At each primary and election, the Secretary of State shall prepare and furnish to each county a suitable number of voter's certificates which shall be in substantially the fol lowing form:
VOTER'S CERTIFICATE
I hereby certify that I am qualified to vote at the (Primary or Election) held on 19__, and that I have not and will not vote elsewhere in this (Primary
or Election) in my own name or in any other name. I understand that making a false state ment on this Certificate is a felony under Code Section 21-2-562.
Signature ____________________
Current Address of Elector:

Name or initials of poll officer receiving voter's certificate: _______
In case of physical disability or illiteracy, fill out the following:
I hereby certify that the voter is unable to sign his or her name by reason of the follow ing:

Signature of poll officer
Number of stub of ballot or number of admission to voting machine: __________"
Section 17. Said title is further amended by striking subsection (a) of Code Section 212-438, relating to certain marks or mutilations which render ballots void, and inserting in its place a new subsection (a) to read as follows:
"(a) Any ballot marked so as to identify the voter shall be void and not counted, except a ballot cast by a challenged elector whose name appears on the electors list; such chal lenged vote shall be counted as prima facie valid but may be voided in the event of an election contest. Any ballot marked by anything but pen or pencil shall be void and not counted. Any erasure, mutilation, or defect in the vote for any candidate shall render void the vote for such candidate, but shall not invalidate the votes cast on the remainder of the

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ballot, if otherwise properly marked. If an elector shall mark his ballot for more persons for any nomination or office than there are candidates to be voted for such nomination or office, or if, for any reason, it may be impossible to determine his choice for any nomination or office, his ballot shall not be counted for such nomination or office; but the ballot shall be counted for all nominations or offices for which it is properly marked. Ballots not marked or improperly or defectively marked so that the whole ballot is void, shall be set aside and shall be preserved with the other ballots. In primaries, votes cast for candidates who have died, withdrawn, or been disqualified shall be void and shall not be counted. In elections, votes for candidates who have died or been disqualified shall be void and shall not be counted."
Section 18. Said title is further amended by adding a new subsection at the end of Code Section 21-2-452, relating to voting procedures generally, to be designated subsection (h), to read as follows:
"(h) The superintendent shall make paper ballots available for handicapped electors who, due to their handicap, are unable to vote on a voting machine. Absentee ballots may be used for this purpose. The superintendent shall provide sufficient accommodations to per mit such handicapped elector to vote in private."
Section 19. Said title is further amended by striking subsection (d) of Code Section 212-527, relating to pronouncement of judgment in election contests, and inserting in its place a new subsection (d) to read as follows:
"(d) Whenever the court trying a contest shall determine that the primary or election is so defective as to the nomination, office, or eligibility in contest as to place in doubt the result of the entire primary or election for such nomination, office, or eligibility, such court shall declare the primary or election to be invalid with regard to such nomination, office, or eligibility and shall call for a second primary or election to be conducted among the same candidates who participated in the original primary or election to fill such nomination or office."
Section 20. Said title is further amended by striking subsection (d) of Code Section 213-3, relating to qualifications of candidates for municipal office, and inserting in its place a new subsection (d) to read as follows:
"(d) The elector filing the challenge or the candidate challenged shall have the right to appeal the decision of the superintendent by filing a petition in the superior court of the county in which the candidate resides within ten days after the entry of the final decision by the superintendent. The filing of the petition shall not itself stay the decision of the super intendent; however, the reviewing court may order a stay upon appropriate terms for good cause shown. As soon as possible after service of the petition, the superintendent shall transmit the original or a certified copy of the entire record of the proceedings under review to the reviewing court. The review shall be conducted by the court without a jury and shall be confined to the record. The court shall not substitute its judgment for that of the super intendent as to the weight of the evidence on questions of fact. The court may affirm the decision or remand the case for further proceedings. The court may reverse or modify the decision if substantial rights of the appellant have been prejudiced because the findings, inferences, conclusions, or decisions of the superintendent are:
(1) In violation of the Constitution or laws of this state;
(2) In excess of the statutory authority of the superintendent;
(3) Made upon unlawful procedures;
(4) Affected by other error of law;
(5) Clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or
(6) Arbitrary or capricious or characterized by an abuse of discretion or clearly unwar ranted exercise of discretion.

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An aggrieved party may obtain a review of any final judgment of the superior court by the Court of Appeals or the Supreme Court, as provided by law."
Section 21. Said title is further amended by striking subsection (a) of Code Section 213-10, relating to authorization of certain counties to conduct certain municipal elections, and inserting in its place a new subsection (a) to read as follows:
"(a) The governing authority of any municipality may authorize any county within which that municipality wholly or partially lies to conduct any or all elections held pursuant to this chapter. In the event a municipality shall by ordinance authorize such county to conduct elections, such municipality may request such county to perform any or all of the functions:
(1) That the county shall perform all duties as superintendent of elections as specified under this chapter;
(2) That the county shall perform all duties as superintendent of elections as specified under this chapter, with the exception of the qualification of candidates; or
(3) That the county shall lease or loan any or all of its election equipment to the munic ipality for the purpose of conducting municipal elections without any responsibility on the part of the county for the actual conduct of the municipal election.
With reference to any election, such municipality shall pay such county all costs incurred in performing those functions which the municipality has requested the county to perform; and, unless otherwise authorized, such county shall only perform those functions specifically enumerated in the contract. Such county shall have authority to conduct elections in any and all counties in which any part of such municipality may lie."
Section 22. Said title is further amended by striking Code Section 21-3-126, relating to deadlines for receiving certain municipal registration applications, and inserting in its place a new Code Section 21-3-126 to read as follows:
"21-3-126. (a) Registration for municipalities electing to use county registration lists shall be as follows:
(1) The county registrar shall cease taking applications for registration from persons desiring to vote in municipal primaries or elections 30 days prior to such primary or election;
(2) The county registrar shall cease taking applications for registration from persons desiring to vote in a special primary or election on the close of the registrars' business on the fifth day after the call of such special primary or election or if such date is a Saturday, Sunday, or a legal holiday, then on the next following business day, except when a special primary or special election is held at the same time as the general primary, the registration deadline for the special primary or special election shall be the same as the general primary, and when a special primary or special election is held at the same time as the general elec tion, the registration deadline for the special primary or special election shall be the same as the general election; and
(3) The municipal registrar shall, upon receipt of the county registration list, or as soon as practicable thereafter but in no event later than three days prior to such primary or election, purge such list of the names of all persons who will not be qualified to vote at such primary or election. The registrar shall certify the list and file with the city clerk a copy showing the names of electors entitled to vote at such primary or election. Any person whose name appears upon such list may vote at such primary or election, subject to the limitations prescribed in the proviso contained in the first sentence of Code Section 21-3136.
(b) Registration for municipalities maintaining their own registration lists shall be as follows:
(1) If any person whose name is not on the municipal registration list desires to vote at any primary or election, he shall, at least 15 days prior to the primary or election at which

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he desires to vote, or at such other time as designated by charter or ordinance, apply to be registered as an elector. The registrars shall, at least 15 days but not more than 50 days prior to such primary or election, cease taking applications to qualify persons to vote in such primary or election;
(2) Any person who has registered for a general municipal primary or election, if other wise qualified to vote at any special primary or election occurring before the next general election, shall be listed and entitled to vote at such special primary or election. At the close of the registrars' business on the fifth day or if such date is a Saturday, Sunday, or a legal holiday, then on the next following business day, after the call of such special primary or election, the registrars shall cease taking applications from persons desiring to register to vote therein, except when a special primary is held at the same time as the general primary, the registration deadline for the special primary shall be the same as the general primary, and when a special election is held at the same time as the general election, the registration deadline for the special election shall be the same as the general election; and
(3) The registrar shall, no later than three days prior to such primary or election, pass upon the electors' qualifications and file with the city clerk a certified list showing the names of those electors entitled to vote at such primary or election. Any person whose name appears upon such list may vote at such primary or election, subject to the limitations pre scribed in the proviso contained in the first sentence of Code Section 21-3-136. Before filing such list, the registrars shall purge it of the names of all persons who will not be qualified to vote at such primary or election."
Section 23. Said title is further amended by striking subsection (a) of Code Section 213-188, relating to printing, numbering, and binding of municipal ballots, and inserting in its place a new subsection (a) to read as follows:
"(a) Ballots shall be at least six inches long and four inches wide and shall have a margin extending beyond any printing thereon. They shall be printed with the same kind of type, which shall not be smaller than the size known as 'brevier' or 'eight point body,' upon white paper of uniform quality, without any impression or mark to distinguish one from another, and with sufficient thickness to prevent the printed matter from showing through, except that ballots being used in primaries held by more than one party may be of different colors if the parties so agree. Each ballot shall be attached to a name stub, and all the ballots for the same precinct shall be bound together in books of 25, 50, or 100, in such manner that each ballot may be detached from its stub and removed separately. The ballots for each party to be used at a primary shall be bound separately. The name stubs of the ballots shall be consecutively numbered; and, in the case of primary ballots, the number shall be preceded by an initial or abbreviation designating the party name. The number and initial or abbreviation which appears upon the stub shall also be printed in the upper por tion of the front of the ballot, separated from the remainder of the ballot by a horizontal, perforated line so as to constitute a number strip, and so prepared that the upper portion of the front of the ballot containing the number may be detached from the ballot before it is deposited in the ballot box. The number strip on the ballot shall also have the following words printed thereon: 'Tear off before depositing ballot in ballot box.' "
Section 24. Said title is further amended by striking subsection (a) of Code Section 213-311, relating to preparation of voter's certificates by municipal superintendents, and in serting in its place a new subsection (a) to read as follows:
"(a) At each primary and election, each superintendent shall prepare a suitable number of voter's certificates, which shall be in substantially the following form:
VOTER'S CERTIFICATE
I hereby certify that I am qualified to vote at the (primary or election) held on 19__, and that I have not and will not vote elsewhere in this (pri
mary or election).
Signature

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Current address of elector: ____________________________________

Name or initials of poll officer receiving voter's certificate: _________________
In case of physical disability or illiteracy, fill out the following:
I hereby certify that the voter is unable to sign his or her name by reason of the follow ing:

Signature of poll officer Number of stub of ballot or number of admission to voting machine: _________"

Section 25. Said title is further amended by striking subsection (b) of Code Section 213-346, relating to procedures for counting and returning votes, and inserting in its place a new subsection (b) to read as follows:
"(b) Any ballot marked so as to identify the voter shall be void and not counted, except a ballot cast by a challenged elector whose name appears on the electors list; such chal lenged vote shall be counted as prima facie valid but may be voided in the event of an election contest. Any ballot marked by anything but pen or pencil shall be void and not counted. Any erasure, mutilation, or defect in the vote for any candidate shall render void the vote for such candidate but shall not invalidate the votes cast on the remainder of the ballot, if otherwise properly marked. If an elector shall mark his ballot for more persons for any nomination or office than there are candidates to be voted for such nomination or office, or if, for any reason, it may be impossible to determine his choice for any nomination or office, his ballot shall not be counted for such nomination or office; but the ballot shall be counted for all nominations or offices for which it is properly marked. Unmarked ballots or ballots improperly or defectively marked so that the whole ballot is void shall be set aside and shall be preserved with other ballots. In primaries, votes cast for candidates who have died, withdrawn, or been disqualified shall be void and shall not be counted. In elections, votes for candidates who have died or been disqualified shall be void and shall not be counted."
Section 26. Said title is further amended by adding a new subsection at the end of Code Section 21-3-362, relating to municipal voting procedures generally, to be designated subsec tion (g), to read as follows:
"(g) The superintendent shall make paper ballots available for handicapped electors who, due to their handicap, are unable to vote on a voting machine. Absentee ballots may be used for this purpose. The superintendent shall provide sufficient accommodations to per mit such handicapped elector to vote in private."
Section 27. All laws and parts of laws in conflict with this Act are repealed.

Senator Kidd of the 25th moved that the Senate adopt the Second Conference Commit tee report on HB 185.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen Brannon
Broun of 46th

Bryant Crumbley Dawkins Deal Dean Echols
English

Engram Foster Gillis Harris Howard Huggins
Kennedy

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Kidd
kanffrd McGill McKenzie Olmstead

Perry Ragan
Rav Starr

Tate Timmons
Turner Walker

Those voting in the negative were Senators:

Burton Coverdell Edge Harrison

Mine Land Newbill

Phillips Stumbaugh Tolleson

Those not voting were Senators:

Barker Brown of 47th (excused) Coleraan Fincher

Garner Hudgins Peevy Scott of 2nd

Scott of 36th Shumake Tysinger

On the motion, the yeas were 34, nays 10; the motion prevailed, and the Senate adopted the Second Conference Committee report on HB 185.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

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 House substitute to SB 28 was as follows:

A BILL
To be entitled an Act to amend Article 1 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions concerning salaries and fees of certain public officers and employees, so as to provide that a state employee injured in the line of duty by an act of violence for which such employee would be eligible for workers' compensa tion benefits shall be entitled to his regular compensation for the period of time that such state employee is physically unable to perform the duties of his employment; to define cer tain terms; to provide certain limitations; to provide procedures; to provide for a reduction in benefits provided by this Act when the injured state employee is entitled to receive work ers' compensation benefits; to provide certain exceptions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions concerning salaries and fees of certain public officers and em ployees, is amended by striking in its entirety Code Section 45-7-9, relating to compensation for certain line-of-duty injuries of law enforcement officers, firemen, employees of the De-

THURSDAY, MARCH 12, 1987

2261

partment of Corrections, and employees of the State Board of Pardons and Paroles, which read as follows:
"45-7-9. (a) As used in this Code section, the term:
(1) 'Fireman' means any person who is employed as a professional firefighter on a fulltime basis of at least 40 hours per week by a state government fire department who has the responsibility of preventing and suppressing fires, protecting life and property, and enforc ing state fire prevention codes, as well as enforcing any law pertaining to the prevention and control of fires.
(2) 'Law enforcement officer' means any agent or officer employed by the State of Geor gia who, as a full-time or part-time employee, is vested either expressly by law or by virtue of public employment or service with authority to enforce the criminal or traffic laws and whose duties include the preservation of public order, the protection of life and property, or the prevention, detection, or investigation of crime. Such term also includes the employees designated by the commissioner of human resources pursuant to paragraph (2) of subsection (i) of Code Section 49-5-10, which employees have the duty to investigate and apprehend delinquent and unruly children who have escaped from a facility under the jurisdiction of the Department of Human Resources or who have broken the conditions of supervision. Such term shall not include narcotics agents as provided for in Code Section 35-3-9.
(b) (1) Any employee of the Department of Corrections, employee of the State Board of Pardons and Paroles, or law enforcement officer who, on or after July 1, 1986, is injured in the line of duty by an act of external violence or injury shall be entitled to receive compen sation as provided in this Code section.
(2) Any firemen who, on or after July 1, 1986, is injured in the line of duty shall be entitled to receive compensation as provided in this Code section.
(c) An employee of the Department of Corrections, employee of the State Board of Pardons and Paroles, fireman, or law enforcement officer injured in the line of duty as pro vided in subsection (b) of this Code section shall continue to receive his regular compensa tion for the period of time that the employee or officer is physically unable to perform the duties of his employment; provided, however, that such benefits provided in this Code sec tion shall not be granted for injuries resulting from a single incident for more than a total of 180 working days. An employee, fireman, or officer shall be required to submit to his depart ment head satisfactory evidence of such disability.
(d) Benefits made available under this Code section shall be subordinate to any work ers' compensation benefits for which the employee, fireman, or officer is eligible and shall be limited to the difference between the amount of available workers' compensation benefits and the amount of the employee's, fireman's, or officer's regular compensation.
(e) Any employee of the Department of Corrections, employee of the State Board of Pardons and Paroles, or law enforcement officer who qualifies for disability allowances pur suant to Code Section 47-2-221 shall not be entitled to any benefits provided in this Code section.",
and inserting in lieu thereof a new Code Section 45-7-9 to read as follows:
"45-7-9. (a) As used in this Code section, the term:
(1) 'Agency' means every state department, agency, board, bureau, commission, and authority.
(2) 'State employee' means a full-time employee of an agency.
(b) A state employee injured in the line of duty by an act of violence or who is injured while working in the proximity of traffic movements or equipment movements and doing maintenance, construction, or other activities which may be construed as hazardous for which such employee would be eligible for workers' compensation benefits shall continue to receive his regular compensation for the period of time that the employee or officer is physi cally unable to perform the duties of his employment; provided, however, that such benefits

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provided in this Code section shall not be granted for injuries resulting from a single inci dent for more than a total of 180 working days. An employee, fireman, or officer shall be required to submit to his department head satisfactory evidence of such disability.
(c) Benefits made available under this Code section shall be subordinate to any workers' compensation benefits for which the employee, fireman, or officer is eligible and shall be limited to the difference between the amount of available workers' compensation benefits and the amount of the employee's, fireman's, or officer's regular compensation.
(d) Any employee of the Department of Corrections, employee of the State Board of Pardons and Paroles, employee of the Department of Natural Resources, employee of the Department of Revenue, or law enforcement officer who qualifies for disability allowances pursuant to Code Section 47-2-221 shall not be entitled to any benefits provided in this Code section."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Kidd of the 25th moved that the Senate agree to the House substitute to SB 28 as amended by the following amendment offered by Senators Garner of the 30th, Kennedy of the 4th and Dean of the 31st:

Amend the House substitute to SB 28 by adding in the title on line 14 of page 1, follow ing the word and symbol "exceptions;" and the word "to", the following:
"to amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries of certain state officials, so as to change the salary of the commissioner of corrections;".
By renumbering Section 2 on page 5 as Section 3 and adding at the bottom of page 4 a new Section 2 to read as follows:
"Section 2. Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries of certain state officials, is amended by striking in its entirety paragraph (8) of subsection (a) and inserting in lieu thereof a new paragraph (8) to read as follows:
'(8) Commissioner of
corrections .................................................. 69,500.00' "

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen Brannon Broun of 46th Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Dean Echols Edge

English Engram Foster Garner Gillis Harris Harrison Hine Howard Huggins Kennedy Kidd Land Langford McGill McKenzie

Newbill Olmstead Perry Phillips Ragan Ray Scott of 2nd Shumake Starr Stumbaugh Tate Timmons Tolleson Turner Tysinger Walker

THURSDAY, MARCH 12, 1987

2263

Those not voting were Senators:

Barker

Fincher

Brown of 47th (excused) Hudgins

Peevy Scott of 36th

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 28 as amended by the Senate.

The President announced that the Senate would stand in recess from 7:35 o'clock P.M. until 8:09 o'clock P.M.

At 8:09 o'clock P.M., the President called the Senate to order.

The following bill of the Senate was taken up for the purpose of considering the Confer ence Committee report thereon:

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 Conference Committee report on SB 231 was as follows:

The Committee of Conference on SB 231 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 231 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ J. Nathan Deal Senator, 49th District
/s/ Harrill L. Dawkins Senator, 45th District
/s/ Sallie Newbill Senator, 56th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Troy A. Athon Representative, 57th District
/s/ Terry Lawler Representative, 20th District
/s/ Earleen Sizemore Representative, 136th District

Conference Committee substitute to SB 231:

A BILL
To be entitled an Act 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; to provide that professional certificated per sonnel employed by a school system which consolidates or merges with another school sys tem shall continue in his or her current employment and shall retain other rights under the new system; to provide for procedures; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. 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

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contract for fourth consecutive school year and procedure for nonrenewal of contract or demotion by another local board of education, is amended by adding two new paragraphs (6) and (7) at the end of subsection (b) of said Code section to read as follows:
"(6) Local boards shall make contract offers available to teachers for a minimum tenday review period. A teacher accepts the contract by signing and returning it any time dur ing the ten-day period.
(7) (A) Professional certificated personnel employed by a county or independent local school system that becomes consolidated with or merged into another county or indepen dent local school system as provided in Article 8 of this chapter or otherwise shall retain their employment, except as provided in subparagraph (B) of this paragraph, in the newly created, or surviving, school system. Said professional certificated personnel shall retain and carry over all the rights already accrued and earned in the professional certificated person nel's prior school system and as set forth in this paragraph.
(B) Any reductions in staff due to loss of students or cancellation of programs in the newly created, or surviving, school system necessitated by the consolidation or merger shall be made first in preference of retaining professional certificated personnel on the basis of uniformly applied criteria set forth in local school board policies of the newly created, or surviving, school system."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Deal of the 49th moved that the Senate adopt the Conference Committee re port on SB 231.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen Brannon Bryant Burton Coleman Coverdell Crumbley Dawkins Deal Echols

Edge English Engram Foster Garner Gillis Harrison Howard Huggins Kennedy Kidd Land Langford McKenzie

Newbill Olmstead Perry Phillips Ragan Ray Scott of 36th Shumake Starr Stumbaugh Tate Timmons Tysinger Walker

Those not voting were Senators:

Barker Broun of 46th Brown of 47th (excused) Dean
Fincher

Harris Hine
Hudgms McGill

Peevy Scott of 2nd
Tolleson Turner

On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on SB 231.

Senator Garner of the 30th moved that the Senate rule providing that copies of a Con-

THURSDAY, MARCH 12, 1987

2265

ference Committee report be distributed to Senators and consideration of the report by the Senate not take place until one hour after the distribution be suspended to allow considera tion of the Conference Committee report on the following bill of the Senate:

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.

On the motion, Senator Ragan of the 10th 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 Bowen Bryant Coleman Crumbley Dean

Edge Engram Garner Harris Harrison Kennedy Kidd

Langford McKenzie Olmstead Phillips Scott of 2nd Scott of 36th Timmons

Those voting in the negative were Senators:

Albert Barnes Brannon B,,Bruorut. onnof 46th Coverdell Dawkins Echols
English

Fincher Foster Gillis HH,,uogwgairnds Land McGill Newbill
Perry

Ragan Ray Shumake Qa_t,arr , , Stumbaugh Tate Tysinger
Walker

Those not voting were Senators:

Barker Brown of 47th (excused) Deal

Hine Hudgins Peevy

Tolleson Turner

On the motion, the yeas were 21, nays 26; the motion was lost, and the Conference Committee report on SB 315 was not considered.

The President announced that the Senate would stand in recess from 8:15 o'clock P.M. until 8:25 o'clock P.M.

At 8:25 o'clock P.M., the President called the Senate to order.

Senator Kidd of the 25th moved that the Senate rule providing that copies of a Confer ence Committee report be distributed to Senators and consideration of the report by the

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Senate not take place until one hour after the distribution be suspended to allow considera tion of the Conference Committee report on the following bill of the House:

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.

On the motion, Senator Hine of the 52nd called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Bowen Bryant Burton Dean Echols

Engram Fincher Foster Harris Hudgins Kennedy Kidd

McGill Olmstead Perry Scott of 2nd Scott of 36th Timmons Walker

Those voting in the negative were Senators:

Baldwin Barnes
Brannon Broun of 46th Coleman Coverdell Crumbley
Dawkins Deal

Edge English Garner Gil, jg
Harnson Hine Huggins Langford

McKenzie Newbill Ragan R
Shumake Starr Tate Tysinger

Those not voting were Senators:

Barker Brown of 47th (excused) Howard

Land Peevy Phillips

Stumbaugh Tolleson Turner

On the motion, the yeas were 21, nays 25; the motion was lost, and the Conference Committee report on HB 107 was not considered.

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, to the following bill of the Senate:

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

THURSDAY, MARCH 12, 1987

2267

time that any such state employee is physically unable to perform the duties of his employment.

The following bill of the Senate was taken up for the purpose of considering the House amendment to the Senate amendment to the House substitute thereto:

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 House amendment was as follows:

Amend the Senate amendment to the House substitute to SB 28 by deleting the semi colon on line 9 and by adding the words
"and the State Revenue Commissioner";
and by deleting numbered paragraph (12) in Section 45-7-4 of O.C.G.A. and by substituting in lieu thereof after line 20 on the Senate amendment the following:
"(12) State Revenue Commissioner--$69,500.00".

The President ruled the House amendment to the Senate amendment to the House substitute to SB 28 out of order pursuant to Senate Rule 154.

The following bill of the Senate was taken up for the purpose of considering the Confer ence Committee report thereon:

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.

The Conference Committee report on SB 315 was as follows:

The Committee of Conference on SB 315 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 315 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Culver Kidd Senator, 25th District
/s/ Carl Harrison Senator, 37th District
/s/ Wayne Garner Senator, 30th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ E. M. Childers Representative, 15th District
/s/ James C. Moore Representative, 139th District
/s/ Jim Pannell Representative, 122nd District

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Conference Committee substitute to SB 315:
A BILL
To be entitled an Act to amend Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to provide for findings and a decla ration of policy relative to emergency medical services systems; to change certain provisions relating to definitions; to substitute the term "paramedic" for "advanced emergency medical technician" everywhere it appears in Chapter 11 of Title 31; to provide for certain regional emergency medical services councils; to change certain system designations; to provide for the designation of trauma centers; to provide that in certain counties the rules of the De partment of Human Resources shall not require more than one emergency medical techni cian in a nondriver capacity in an ambulance transporting a patient; to provide that por tions of such rules shall affect ambulance drivers; to provide for rules on training of drivers; to provide for separate licensing of different types of ambulance services; to provide for approval by a regional EMS council prior to licensing of a new ambulance service; to pro vide in appeals from final decisions of the Department of Human Resources 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; to provide for all related matters; to provide for exceptions; to change certain references to a division of the Department of Human Resources; to provide that all counties with ambulance service shall have a medical adviser; to clarify certain age requirements for licensure; to change the services that emer gency medical technicians may render; to provide for additional services that paramedics, cardiac technicians, and emergency medical technicians may render; to provide the circum stances under which such additional services may be rendered; to change certain recertification requirements; to provide for all matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, is amended by striking Code Section 31-11-1, relating to find ings of the General Assembly and declaration of policy, in its entirety and inserting in lieu thereof a new Code Section 31-11-1 to read as follows:
"31-11-1. (a) The General Assembly finds and determines:
(1) That the furnishing of emergency medical services is a matter of substantial impor tance to the people of this state;
(2) That the cost and quality of emergency medical services are matters within the public interest;
(3) That it is highly desirable for the state to participate in the support and develop ment of emergency medical services systems;
(4) That the administration of an emergency medical services system should be the responsibility of the Department of Human Resources, acting upon the recommendations of the local entity which coordinates the program; all ambulance services shall be a part of this system even if this system is the '911' emergency telephone number;
(5) That an emergency medical services system in a health district should be operated as economically and efficiently as possible to serve the public welfare and, to achieve this goal, should involve the designation of geographical territories to be serviced by participat ing ambulance providers and should involve an economic and efficient procedure to dis tribute emergency calls among participating ambulance providers serving the same health district;
(6) That any first responder falls under the department's rules and regulations gov erning ambulances and can transport only in life-threatening situations or by orders of a licensed physician or when a licensed ambulance cannot respond; and
(7) There shall be established by each regional EMS council a medical control program to include accountability and performance evaluations of the emergency medical service sys-

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terns personnel, cardiac technicians, emergency medical technicians, and paramedics within the emergency medical services in this state.
(b) The General Assembly therefore declares that, in the exercise of the sovereign pow ers of the state to safeguard and protect the public health and general well-being of its citizens, it is the public policy of this state to encourage, foster, and promote emergency medical services systems and that such systems shall be implemented in a manner that is coordinated, orderly, economical, and without unnecessary duplication of services and facilities."
Section 2. Said chapter is further amended by striking Code Section 31-11-2, relating to definitions relative to emergency medical services, in its entirety and inserting in lieu thereof a new Code Section 31-11-2 to read as follows:
"31-11-2. As used in this chapter, the term:
(1) 'Ambulance' means any transport vehicle that is specifically modified and equipped and is intended to be used for the emergency transportation of patients, including ground, water, and air transport vehicles.
(2) 'Ambulance attendant' means a person responsible for the care of patients being transported in an ambulance.
(3) 'Ambulance provider' means an agency or company providing ambulance service which is operating under a valid license from the Emergency Health Section of the Division of Public Health of the Department of Human Resources.
(4) 'Ambulance service' means the provision of emergency care and transportation in this state for a wounded, injured, sick, invalid, or incapacitated human being to or from a place where medical or hospital care is furnished.
(5) 'Cardiac technician' means a person who, having been trained and certified as an emergency medical technician and having completed additional training in advanced cardiac life support techniques in a training course approved by the department, is so certified by the Composite State Board of Medical Examiners.
(6) 'Composite board' means the Composite State Board of Medical Examiners.
(7) 'Emergency Medical Services System (EMSS)' means a system which provides for the arrangement of personnel, facilities, and equipment, including communications, for the effective and coordinated delivery in an appropriate geographical area of health care services under emergency conditions, occurring either as a result of the patient's condition or as a result of natural disasters or similar situations, and which is administered by a public or nonprofit private entity which has the authority and the resources to provide effective ad ministration of the system.
(8) 'Emergency Medical Systems Communications Program' (EMSC Program) means any program established pursuant to Public Law 93-154, entitled the Emergency Medical Services Systems Act of 1973, which serves as a central communications system to coordi nate the personnel, facilities, and equipment of an emergency medical services system and which:
(A) Utilizes emergency medical telephonic screening;
(B) Utilizes a publicized emergency telephone number; and
(C) Has direct communication connections and interconnections with the personnel, fa cilities, and equipment of an emergency medical services system.
(9) 'Emergency medical technician' means a person who has been certified by the de partment after having successfully completed an emergency medical care training program approved by the department.
(10) 'First responder' means any person or agency who provides on-site care until the arrival of a duly licensed ambulance service.

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(11) 'Health districts' means the geographical districts designated by the department in accord with Code Section 31-3-15.
(12) 'Invalid car' means a motor vehicle not used for emergency purposes but used only to transport persons who are convalescent, sick, or otherwise nonambulatory.
(13) 'License' when issued to an ambulance service signifies that its facilities and opera tions comply with this chapter and the rules and regulations issued by the department hereunder.
(14) 'License officer' means the commissioner of human resources or his designee.
(15) 'Paramedic' means a person who has been certified by the Composite State Board of Medical Examiners after having been trained in emergency care techniques in a paramedic training course approved by the Department of Human Resources.
(16) 'Patient' means an individual who is sick, injured, wounded, or otherwise incapaci tated or helpless.
(17) 'Person' means any individual, firm, partnership, association, corporation, com pany, group of individuals acting together for a common purpose, or organization of any kind, including any governmental agency other than of the United States.
(18) 'Provisional license' when issued to an ambulance service means a license issued on a conditional basis to allow a newly established ambulance service a period of 30 days to demonstrate that its facilities and operations comply with this chapter and rules and regula tions issued by the department under this chapter.
(19) 'Regional EMS council' means the public or nonprofit private entity designated by the Board of Human Resources or its designee to administer and coordinate the EMSS Program in a health district established in accord with Code Section 31-3-15. There shall be a regional EMS council to coordinate each EMSS Program. The regional EMS council for the metropolitan Atlanta area will have an equal number of representatives from each county in the health district, to be appointed by the board of commissioners of each such county. There shall be three additional members appointed by the department. The regional EMS council for such area will not have more than 30 total members. Each representative on that regional EMS council shall be a person actively engaged in the provision of emer gency medical services. If more than one representative is appointed from any county, at least one representative from that county shall be a licensed ambulance service, unless no licensed ambulance service exists in that county. Each regional EMS council shall have au thority to appoint advisory committees to make recommendations as necessary to develop and implement the EMSS Program. Membership of regional EMS councils as defined in this paragraph shall be implemented in the health district serving the metropolitan Atlanta area immediately upon July 1, 1987."
Section 3. Said chapter is further amended by striking Code Section 31-11-3, relating to recommendations by local coordinating entities as to administration of EMSC programs, in its entirety and inserting in lieu thereof a new Code Section 31-11-3 to read as follows:
"31-11-3. (a) The Board of Human Resources shall have the authority on behalf of the state to designate and contract with a public or nonprofit local entity to coordinate and administer the EMSS Program for each health district designated by the Department of Human Resources. The regional EMS council thus designated shall be responsible for rec ommending to the board or its designee the manner in which the EMSS Program is to be conducted. In making its recommendations, the regional EMS council shall give priority to making the EMSS Program function as efficiently and economically as possible. Each li censed ambulance provider in the health district shall have the opportunity to participate in the EMSS Program.
(b) The regional EMS council shall request from each licensed ambulance provider in its health district a written description of the territory in which it can respond to emergency calls, based upon the provider's average response time from its base location within such

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territory; and such written description shall be due within ten days of the request by the regional EMS council.
(c) After receipt of the written descriptions of territory in which the ambulance provid ers propose to respond to emergency calls, the regional EMS council shall within ten days recommend in writing to the board or its designee the territories within the health district to be serviced by the ambulance providers; and at this same time the regional EMS council shall also recommend the method for distributing emergency calls among the providers, based primarily on the considerations of economy, efficiency, and benefit to the public wel fare. The recommendation of the regional EMS council shall be forwarded immediately to the board or its designee for approval or modification of the territorial zones and method of distributing calls among ambulance providers participating in the EMSS Program in the health district.
(d) The board, or its designee, is empowered to conduct a hearing into the recommen dations made by the regional EMS council, and such hearing shall be conducted according to the procedures set forth in Code Section 31-5-2.
(e) The recommendations of the regional EMS council shall not be modified unless the board or its designee shall find, after a hearing, that the determination of the regional EMS council is not consistent with operation of the EMSS Program in an efficient, economical manner that benefits the public welfare. The decision of the board or its designee shall be rendered as soon as possible and shall be final and conclusive concerning the operation of the EMSS Program; and appeal from such decision shall be pursuant to Code Section 31-53.
(f) The regional EMS council shall begin administering the EMSS Program in accord with the decision by the board or its designee immediately after the decision by the board or its designee regarding the approval or modification of the recommendations made by the regional EMS council; and the EMSS Program shall be operated in such manner pending the resolution of any appeals filed pursuant to Code Section 31-5-3.
(g) The regional EMS council shall recommend the designation of trauma centers to the Board of Human Resources. Trauma centers designated prior to July 1, 1987, shall retain that designation subject to any provisions for review and approved performance criteria. Territorial zones served by ambulance providers as a result of a plan approved by the de partment prior to July 1, 1987, shall not be modified exclusively as a result of this subsection."
Section 4. Said chapter is further amended by striking subsection (a) of Code Section 31-11-5, relating to rules and regulations governing ambulance services, and inserting in its place a new subsection to read as follows:
"(a) The department is authorized to adopt and promulgate rules and regulations for the protection of the public health:
(1) Prescribing reasonable health, sanitation, and safety standards for transporting pa tients in ambulances;
(2) Prescribing reasonable conditions under which ambulance attendants or drivers are required, provided that, in any county having a population of 50,000 persons or less accord ing to the United States decennial census of 1980 or any future such census, no more than one emergency medical technician shall be required in a nondriver capacity in an ambulance transporting a patient;
(3) Establishing criteria for the training of ambulance attendants or drivers and pre scribing further, that ambulance attendants prior to employment as such must have com pleted the American Red Cross advanced first-aid course and an approved cardiopulmonary resuscitation course or other courses deemed equivalent by the department. Within nine months of initial employment an attendant must complete an approved emergency medical technician course with required tests and be certified as an emergency medical technician in this state; and

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(4) The emergency medical technician course is to be offered at area hospitals and area technical vocational schools in conjunction with their emergency patient care and personnel training programs."
Section 5. Said chapter is further amended by striking Code Section 31-11-30, relating to license requirements, in its entirety and inserting in lieu thereof a new Code Section Si ll-30 to read as follows:
"31-11-30. (a) No person shall operate an ambulance service in this state without hav ing a valid license or provisional license issued by the license officer pursuant to this chapter.
(b) There shall be separate and distinct licenses issued for ground, air, and water ambu lance services, provided that helicopter ambulances utilized by a public safety agency in conjunction with a licensed ambulance service shall not be required to have a license.
(c) Any person who violates the provisions of this Code section shall be guilty of a misdemeanor."
Section 6. Said chapter is further amended by striking Code Section 31-11-32, relating to the duties of a license officer, and inserting in lieu thereof a new Code Section 31-11-32 to read as follows:
"31-11-32. (a) The license officer shall, within ten days after receipt of an application for a license or provisional license as provided for in this article, cause such investigation as he deems necessary to be made to determine that the standards prescribed by this chapter have been met.
(b) The license officer shall issue a license under this article for a period of two years, unless earlier suspended, revoked, or terminated, when he finds that all the requirements of this article have been met.
(c) The license officer shall issue provisional licenses for 30 days for the purpose speci fied in paragraph (18) of Code Section 31-11-2.
(d) Before issuing a license for a new ambulance service, the license officer shall obtain the approval of the regional EMS council as to the need for the proposed ambulance service."
Section 7. Said chapter is further amended by striking in its entirety Code Section Si ll-36, relating to suspensions or revocations of licenses, and inserting in its place a new Code Section 31-11-36 to read as follows:
"31-11-36. (a) Any license issued under this article may be suspended or revoked for a failure of a licensee to comply and to maintain compliance with this article or rules and regulations issued under this article, but only after opportunity for a hearing as provided in Article 1 of Chapter 5 of this title.
(b) Any person who has exhausted all administrative remedies available within the de partment and who is substantially aggrieved by a final order or final action of the license officer is entitled to judicial review in the manner provided by Article 1 of Chapter 5 of this title and, notwithstanding Code Section 31-5-3, shall be entitled to an appeal to superior court as provided in subsection (c) of this Code section.
(c) Appeal to the superior court shall be by petition which shall be filed in the clerk's office of such court within 30 days after the final order or action of the department; the petition shall set forth the names of the parties taking the appeal, the order, rule, regula tion, or decision appealed from, and the reason it is claimed to be erroneous. The enforce ment of the order or action appealed from shall be automatically stayed upon the filing of such petition unless the commissioner of human resources in his final order certifies that his decision if stayed will harm the public health and safety, in which case a reviewing court may order a stay only if the court makes a finding that the public health and safety will not be harmed by the issuance of the stay. Upon the filing of such petition, the petitioner shall serve on the commissioner a copy thereof in the manner prescribed by law for the service of

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process, unless such service of process is waived. The appeal shall be an appeal de novo to the superior court and the appealing party shall have a right to a jury trial and all rights provided under Chapter 11 of Title 9, the 'Georgia Civil Practice Act.' The superior court shall render a decision approving, setting aside, or modifying the order or action appealed from."
Section 8. Said chapter is further amended by striking Code Section 31-11-50, relating to medical advisers, in its entirety and inserting in lieu thereof a new Code Section 31-11-50 to read as follows:
"31-11-50. (a) To enhance the provision of emergency medical care, each ambulance service shall be required to have a medical adviser. The adviser shall be a physician licensed to practice medicine in this state and subject to approval by the medical consultant of the Emergency Health Section of the Division of Physical Health of the Department of Human Resources. Ambulance services unable to obtain a medical adviser, due to unavailability or refusal of physicians to act as medical advisers, may request the district health director or his designee to act as medical adviser until the services of a physician are available.
(b) The duties of the medical adviser shall be to provide medical direction and training for the ambulance service personnel in conformance with acceptable emergency medical practices and procedures."
Section 9. Said chapter is further amended by striking Code Section 31-11-52, relating to certification and recertification of advanced emergency medical technicians and cardiac technicians, in its entirety and inserting in lieu thereof a new Code Section 31-11-52 to read as follows:
"31-11-52. (a) The composite board shall establish procedures and standards for certify ing and recertifying paramedics and cardiac technicians. An applicant for initial certification as a paramedic or a cardiac technician must:
(1) Submit a completed application on a form to be prescribed by the composite board, which shall include evidence that the applicant is 18 years of age or older and is of good moral character;
(2) Submit from the department a notarized statement that the applicant has com pleted a training course approved by the department;
(3) Submit to the composite board a fee as set forth in the regulations of the composite board; and
(4) Meet such other requirements as are set forth in the rules and regulations of the composite board.
(b) The department shall also adopt procedures and standards for its approval of paramedic training courses and cardiac technician training courses. The department shall adopt such regulations after consultation with the composite board and other appropriate public and private agencies and organizations concerned with medical education and the practice of medicine. Procedures and standards adopted by the department shall be consis tent with the purposes and provisions of this chapter."
Section 10. Said chapter is further amended by striking subsection (a) of Code Section 31-11-53, relating to services which may be rendered by emergency medical technicians and trainees, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Upon certification by the department, emergency medical technicians may do any of the following:
(1) Render first-aid and resuscitation services as taught in the United States Depart ment of Transportation basic training courses for emergency medical technicians or an equivalent course approved by the department; and
(2) Upon the order of a duly licensed physician, administer approved intravenous solu-

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tions, inflate medical antishock trousers, and insert and use the esophageal obturator airway."
Section 11. Said chapter is further amended by striking Code Section 31-11-54, relating to additional services which may be rendered, and inserting in its place a new Code Section 31-11-54 to read as follows:
"31-11-54. (a) Upon certification by the composite board, paramedics may perform any service that a cardiac technician is permitted to perform. In addition, upon the order of a duly licensed physician and subject to the conditions set forth in paragraph (2) of subsec tion (a) of Code Section 31-11-55, paramedics may perform any other procedures which they have been both trained and certified to perform, including, but not limited to:
(1) Administration of parenteral injections of diuretics, anticonvulsants, hypertonic glu cose, antihistamines, bronchodilators, emetics, narcotic antagonists, and others;
(2) Cardioversion; and
(3) Gastric suction by intubation.
(b) While in training preparatory to becoming certified, paramedic trainees may per form any of the functions specified in this Code section under the direct supervision of a duly licensed physician or a registered nurse."
Section 12. Said chapter is further amended by inserting a new Code Section 31-11-55.1 between Code Section 31-11-55 and Code Section 31-11-56, to read as follows:
"31-11-55.1. Emergency medical services technicians, cardiac technicians, and paramedics shall be allowed to render such additional services when the following conditions are met:
(1) The service is recommended by the Emergency Health Services Advisory Council (EHSAC) and approved by the Board of Human Resources and the Composite State Board of Medical Examiners as appropriate;
(2) The emergency medical technician, cardiac technician, or paramedic has completed a training course relative to such additional service approved by the Department of Human Resources; and
(3) The emergency medical technician, cardiac technician, or paramedic has obtained written authorization from the ambulance service medical adviser to administer such addi tional service."
Section 13. Said chapter is further amended by striking Code Section 31-11-57, relating to revocation of certificates of advanced emergency medical technicians and cardiac techni cians, in its entirety and inserting in lieu thereof a new Code Section 31-11-57 to read as follows:
"31-11-57. Certificates issued to paramedics and cardiac technicians pursuant to this chapter may be revoked for good cause by the composite board in accordance with estab lished rules and regulations, after notice to the certificate holder of the charges and an op portunity for hearing. Such proceedings shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The composite board shall have the authority to conduct investigations and subpoena any documents relating to the fitness of paramedics and cardiac technicians. Such documents may be used in any hearing conducted by the composite board."
Section 14. Said chapter is further amended by striking Code Section 31-11-58, relating to recertification standards, in its entirety and inserting in lieu thereof a new Code Section 31-11-58 to read as follows:
"31-11-58. (a) Standards adopted by regulation of the composite board or the depart ment for the periodic recertification of emergency medical technicians, paramedics, and car diac technicians may include such additional examination or educational requirements as the composite board or the department deems appropriate to ensure the continued compe-

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tency of such technicians. No standards shall be adopted by the composite board or the department pursuant to this subsection other than those authorized by the other subsec tions of this Code section.
(b) In order to ensure the continued competency of emergency medical technicians, car diac technicians, and paramedics who hold certificates issued under this chapter, each such person, no later than December 31 of each year, shall furnish evidence satisfactory to the department or the composite board which certified him that he has met the active practice requirements of subsection (c) of this Code section and the continuing education require ments of subsection (d) of this Code section.
(c) The active practice requirements shall be met if, for at least 80 hours per month during at least nine months out of the immediately preceding 12 months or for at least 80 hours per month during at least 18 months out of the immediately preceding 24 months, a person renders or was on call to render any service which such person's certificate author ized that person to render.
(d) The continuing education requirements shall be met by annually completing onefifth of the following five-year requirements for hours of continuing education: 50 hours for emergency medical technicians; 75 hours for cardiac technicians; and 100 hours for paramedics. These five-year continuing education requirements shall be divided into five segments or modules of equal length. Any one module may be completed each year to meet the annual continuing education requirements, but all five modules shall be completed dur ing a five-year period. This program of continuing education shall be approved by the de partment. The program or any modular segment of it shall be taught or administered either by persons meeting qualifications established by the department and employed or author ized by a vocational-technical school in the state or by any person who is a medical adviser under Code Section 31-11-50, or both.
(e) A certificate issued under this chapter shall be revoked, under the procedures of Code Section 31-11-56 or 31-11-57, if the holder of the certificate fails to furnish to the department or the composite board which certified him under this chapter satisfactory evi dence that he has met the active practice requirements, continuing education requirements, or both, of this Code section. A certificate so revoked may be reinstated upon the holder's furnishing to the department or the composite board which certified the holder under this chapter satisfactory evidence of having successfully completed a 40 hour recertification course and having successfully passed both a written and practical examination. The recer tification course, the person teaching the course, the examinations, and the requirements for passing the examinations shall be approved by the department. A person whose certificate has been so reinstated shall be required to meet the active practice and continuing educa tion requirements of this Code section for the 12 month period following the certificate reinstatement and for each 12 month period thereafter.
(f) Any person who teaches for at least 80 hours per calendar year any emergency medi cal technician course, any continuing education course or recertification course authorized by this Code section, or any combination of such courses shall not be required for that year to meet either the active practice or continuing education requirements provided for in this Code section in order to maintain such person's certificate as an emergency medical technician.
(g) The requirements of paragraph (4) of subsection (a) of Code Section 31-11-5 regard ing the location at which certain courses may be taught shall not apply to either continuing education courses or recertification courses under this Code section."
Section 15. Said chapter is further amended by striking Code Section 31-11-59, relating to services of emergency medical technicians and cardiac technicians in hospitals, in its en tirety and inserting in lieu thereof a new Code Section 31-11-59 to read as follows:
"31-11-59. Emergency medical technicians, paramedics, and cardiac technicians may render any service which they are authorized to render under Code Sections 31-11-53, 31-1154, and 31-11-55, respectively, in any hospital. Such services shall not be rendered in lieu of

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the services of a physician or a registered professional nurse and shall only be rendered in a hospital at the discretion of and after the prior approval by the hospital governing authority on the order of a physician or, if a physician or registered professional nurse is present, at the direction of a physician or registered professional nurse, provided that such hospital has a currently valid permit or conditional permit issued by the department pursuant to Article 1 of Chapter 7 of this title. The provisions of this Code section are cumulative and are not intended to limit the rendering of services by emergency medical technicians, cardiac tech nicians, and paramedics in any area in which they are already authorized to render such services."
Section 16. Said chapter is further amended by striking Code Section 31-11-60, relating to obtainment and administration of drugs by certified employees of counties and munici palities, in its entirety and inserting in lieu thereof a new Code Section 31-11-60 to read as follows:
"31-11-60. (a) Any emergency medical technician, paramedic, or cardiac technician who is certified under this article and who works for a county or municipal police department, fire department, or rescue unit is authorized to obtain any substance which such person is authorized to administer by virtue of his certification. Any such unit to which the emer gency medical technician, paramedic, or cardiac technician is attached must be licensed by the department as a medical first responder unit. Such unit may then obtain from a hospital pharmacy those legend drugs listed and legally permitted to be used by paramedics, emer gency medical technicians, or cardiac technicians. The first responder unit shall have a signed agreement with the hospital in order for the hospital to furnish such drugs, and a copy of this agreement must be filed with the Georgia Drugs and Narcotics Agency. The requirements for administering, controlling, and storing these drugs shall be the same as the requirements for a standard ward inventory in a hospital.
(b) Any substance obtained under subsection (a) of this Code section shall be used only in connection with the emergency medical technician's, paramedic's, or cardiac technician's employment with the county or municipality, as such, and only while on duty as an emer gency medical technician, paramedic, or cardiac technician.
(c) It shall not be necessary for an emergency medical technician, paramedic, or cardiac technician to be assigned to a licensed ambulance service in order to obtain any substance under subsection (a) of this Code section."
Section 17. Said chapter is further amended by striking Code Section 31-11-61, relating to penalties, in its entirety, and inserting in lieu thereof a new Code Section 31-11-61 to read as follows:
"31-11-61. Any person who shall falsely represent himself to be a certified emergency medical technician, certified cardiac technician, or certified paramedic or who shall accept or continue in employment as such and perform the duties thereof without being certified as prescribed by this chapter shall be guilty of a misdemeanor."
Section 18. All laws and parts of laws in conflict with this Act are repealed.
Senator Garner of the 30th moved that the Senate adopt the Conference Committee report on SB 315.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barnes Dean Engram Garner

Harrison Kidd Langford Newbill

Scott of 36th Timmons Tolleson

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Those voting in the negative were Senators:

Albert Allgood Baldwin Bowen Brannon Broun of 46th Bryant Burton Coleman Coverdell Crumbley Dawkins Deal

Echols Edge English Fincher Foster Gillis Harris Hine Howard Hudgins Huggins Kennedy McGill

McKenzie Olmstead Perry Phillips Ragan Ray Scott of 2nd Shumake Starr Stumbaugh Tate Tysinger Walker

Those not voting were Senators:

Barker

Land

Brown of 47th (excused) Peevy

Turner

On the motion, the yeas were 11, nays 39; the motion was lost, and the Senate rejected the Conference Committee report on SB 315.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following bills of the Senate:

SB 180. By Senators Phillips of the 9th, Burton of the 5th and Albert of the 23rd:
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 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.

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.

SB 319. By Senators Langford of the 35th, Engram of the 34th and Scott of the 36th:
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.

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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.
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.
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.
SB 387. By Senators Coleman of the 1st, Scott of the 2nd and Bryant of the 3rd:
A bill to authorize Chatham County to have and be authorized to exercise all redevelopment and other powers authorized or granted counties pursuant to the "Redevelopment Powers Law," as now or hereafter amended, and provide for certain such powers; to provide for a referendum.
SB 389. By Senator Foster of the 50th:
A bill to amend an Act creating the office of commissioner of Towns County as the governing authority of said county so as to change the compensation of the commissioner; to provide an effective date.
SB 390. By Senators Peevy of the 48th and Phillips of the 9th:
A bill to amend an Act incorporating the City of Snellville, as amended, so as to deannex and exclude certain property from the corporate limits of the city.
SB 391. By Senator Garner of the 30th:
A bill to amend an Act known as the "Douglasville-Douglas County Water and Sewer Authority Act," as amended, so as to provide for the appointment of new members to the authority upon completion of the terms of the existing members and the manner in which the new members shall be appointed; to provide for the terms of office of each member.
SB 392. By Senator Echols of the 6th:
A bill to consolidate the offices of tax receiver and tax collector of Pierce County into the office of tax commissioner of Pierce County; to provide for the oath, rights, duties, and liabilities of said office; to provide for the election of the tax commissioner; to provide for terms of office; to provide for the method of filling vacancies.

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The House has adopted by the requisite constitutional majority the following resolution of the Senate:
SR 184. By Senators Barnes of the 33rd, McKenzie of the 14th and Ray of the 19th: A resolution creating the Special Study Committee on the Problems of the Homeless in Georgia.
The House has receded from its position in amending the Senate substitute to the fol lowing resolution of the House:
HR 275. By Representative Moody of the 153rd: A resolution authorizing the conveyance of certain state owned property located in Brantley County, Georgia, to the Johns Timber Company.
The House has agreed to the Senate amendments to the following resolutions of the House:
HR 219. By Representatives Moore of the 139th, Mangum of the 57th, Dover of the llth, Athon of the 57th and Buck of the 95th: A resolution creating the Joint Educational Assessment Study Committee.
HR 310. By Representatives Aiken of the 21st, Atkins of the 21st, Wilder of the 21st, Gresham of the 21st, Lawler of the 20th and others: A resolution creating the Cobb County Court Consolidation Plan Study Committee.
The House has agreed to the Senate amendment, to the House amendment to the fol lowing bill of the Senate:
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 House has agreed to the Senate amendment, to the House substitute to the follow ing bill of the Senate:
SB 179. By Senators Barnes of the 33rd, Dean of the 31st, McKenzie of the 14th and others: 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 House has adopted the report of the Committee of Conference on the following bills of the House:
HB 10. By Representatives Lucas of the 102nd, Coleman of the 118th, Hanner of the 131st and Ramsey of the 3rd: A bill to amend Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to indemnification for law enforcement officers, firemen, and prison guards who are killed or permanently disabled in the line of duty, so as to

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provide the same indemnification with respect to publicly employed emergency medical technicians who are killed or permanently disabled in the line of duty after a certain date.
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 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.
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 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.
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 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.

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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 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 541. By Representative Athon of the 57th:
A bill to amend Article 6 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to anatomical gifts, so as to provide that a bank or storage facility must be licensed, accredited, or approved under the laws of this state; to provide that a hospital shall maintain a written cooperative agreement with at least one bank or storage facility for the purpose of procuring anatomical gifts.
HB 917. By Representatives Childs of the 53rd, Richardson of the 52nd, Steinberg of the 46th, Williams of the 48th, Williams of the 54th and others:
A bill to amend an Act providing a supplement to the compensation, expenses, and allowances of the judges of the superior court of the Stone Mountain Judicial Circuit, so as to change the amount of such supplement.
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.
The House has adopted the report of the 2nd Committee of Conference on the follow ing 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 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.

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The House has adopted the report of the Committee of Conference on the following resolutions of the House:
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.
HR 109. By Representatives Redding of the 50th, Robinson of the 58th, Richardson of the 52nd, Steinberg of the 46th, Williams of the 54th and others: A resolution creating the DeKalb County Government Study Commission.
HR 176. By Representatives Byrd of the 153rd, Moody of the 153rd, Smith of the 152nd, Dixon of the 151st and Smith of the 156th: A resolution creating the Brunswick Judicial Circuit Study Committee.
The House has adopted the report of the Committee of Conference on the following bills of the Senate:
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 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 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 159. By Senators Scott of the 2nd, Albert of the 23rd and Langford of the 35th: A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to establish the State Children's Trust Fund and the State Children's Trust Fund Commission; to provide a short title; to define cer tain terms; to provide for the membership of the State Children's Trust Fund Commission and its powers and compensation.

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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 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 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.
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.
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.
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.

2284

JOURNAL OF THE SENATE

The House has agreed to the Senate substitutes to the following bills of the House:
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.
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 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.
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 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.
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 479. By Representatives Peters of the 2nd, Ramsey of the 3rd, Kilgore of the 42nd and Dover of the llth:
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 the purpose of certain water, sewer,

THURSDAY, MARCH 12, 1987

2285

or water and sewer capital outlay projects to be owned and operated by a county water and sewer district and one or more municipalities.
HB 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.
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 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 741. By Representatives Coleman of the 118th, Hanner of the 131st, Ramsey of the 3rd and Jackson of the 83rd:
A bill to amend Part 1 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, known as the "Jekyll Island-State Park Authority Act", so as to provide that prosecutions for violations of ordinances of the Jekyll IslandState Park Authority shall be upon citation or upon accusation.
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 961. By Representatives Walker of the 85th and Padgett of the 86th: A bill to amend an Act establishing the compensation of certain officials in Rich mond County, so as to change the compensation of certain officials.
HB 1143. By Representatives Lawler of the 20th and Hensley of the 20th: A bill to amend an Act reincorporating the City of Marietta, so as to deannex and exclude certain property from the corporate limits of the city.
The House has agreed to the Senate amendments to the following bills of the House:
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.

2286

JOURNAL OF THE SENATE

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 263. By Representative Watson of the 114th:
A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to require a franchisor to honor the transfer of a dealership by or through sale, a gift, a will, or the laws of de scent and distribution, provided that the purchaser or successor meets the usual and customary conditions and requirements of a dealer as prescribed in writing by the franchisor.
HB 327. By Representatives Walker of the 115th, Padgett of the 86th, Groover of the 99th, Crosby of the 150th, Reaves of the 147th and others:
A bill to amend Code Section 48-5-7.1 of the Official Code of Georgia Annotated, relating to preferential ad valorem tax assessment of tangible real property de voted to agricultural purposes, so as to change the penalties imposed for the breach of a covenant to maintain preferentially assessed property in bona fide agricultural purposes.
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 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 797. By Representatives Lupton of the 25th and Hays of the 1st:
A bill to amend Chapter 3 of Title 30 of the Official Code of Georgia Annotated, relating to access to and use of governmental and public buildings and facilities by physically handicapped persons, so as to redefine terms; to change provisions relating to standards for buildings and facilities.
The House has agreed to the Senate substitutes to the following resolutions of the House:
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.

THURSDAY, MARCH 12, 1987

2287

HR 250. By Representative Hanner of the 131st:
A resolution transferring the ownership of a certain structure owned by the Geor gia Forestry Commission to the Calhoun County Board of Commissioners.
HR 252. By Representatives Dover of the llth and Jamieson of the llth:
A resolution authorizing the conveyance of certain state owned property located in Habersham County, Georgia, to the Habersham County Board of Commissioners.
The following communication from Honorable Max Cleland, Secretary of State, was received and read by the Secretary:
Secretary of State 214 State Capitol
Atlanta 30334 March 12, 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 March 9, 1987, as of 3:00 p.m. this date. The list is numbered 730 through 734. Please note the list reflects the following additions for persons already registered: #95, Demetrius Masacoufa--Georgia Nurses Foundation, GCLU, AHEPA and the Georgia Coali tion for Better Health; and #288, Bill Gray--The Georgia Hearing Aid Society. 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 730 through 734, who have registered in the Docket of Legislative Appearance as of March 12, 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 12th day of March, 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)

2288

JOURNAL OP THE SENATE

730. Jack G. Burns Georgia Trial Lawyers Assn. 84 Peachtree Street Atlanta, Georgia 30303 404/522-8487
731. Howard M. Tag State & Federal Associates Inc. 1101 King Street Alexandria, VA. 22314 703/739-0200
732. E. Leila L'Abate Georgia Environmental Project 136 Marietta Street, NW #347 Atlanta, Georgia 30303 404/521-3731

733. Norman Sandy Epstein Nationwide Mutual Insurance Company Post Office Box 56526 Atlanta, Georgia 30343 404/522-1800
734. John David Nickles Pfizer Inc. 4360 NE Expressway Doraville, Georgia 30340 404/448-6666

The following report of the Committee on Enrolling and Journals was read by the Secretary:
Mr. President:

The Committee on Enrolling and Journals has read and examined the following Senate bills and resolutions and has instructed me to report the same back to the Senate as correct and ready for transmission to the Governor:

SB 216. SB 230. SB 263. SR 45. SB 2. SB 13. SB 45. SB 130. SB 172. SB 187. SB 254. SB 284. SB 361. SB 382. SB 25. SB 80. SB 92. SB 101. SB 139. SB 140. SB 142. SB 156. SB 191. SB 199. SB 229. SB 256. SB 268. SB 299. SB 314. SB 339. SB 341.

SB 363.
SB 369.
SB 386. SR 17.
SR 99. SR 157.
SB 4.
SB 10. SB 14. SB 23. SB 24. SB 34. SB 43. SB 44. SB 57. SB 68. SB 71. SB 104.
SB 105. SB 112. SB 113.
SB 131. SB 132.
SB 151. SB 185.
SB 188. SB 189.
SB 206.
SB 208. SB 218.
SB 227.

SB 250. SB 267. SB 301. SB 312. SB 328. SR 12.
SR 33. SB 177. SB 31. SB 33. SB 72. SB 121. SB 136. SB 186. SB 223. SB 233. SB 239. SB 266. SB 274. SB 276. SB 277. SB 279. SB 287. SB 289. SB 308. SB 336. SB 353. SB 27. SB 78. SB 115. SB 143.

SB 144. SB 145. SB 146. SB 160. SB 162. SB 180. SB 190. SB 203. SB 219. SB 275. SB 303. SB 306. SB 319. SB 368. SB 384. SB 387. SB 389. SB 47. SB 75. SB 77. SB 96. SB 133. SB 179. SB 198. SB 231. SB 278. SB 296. SB 356. SB 357. SB 26. SB 39.

THURSDAY, MARCH 12, 1987

2289

SB 41. SB 106. SB 119. SB 159. SB 165. SB 170. SB 173. SB 196. SB 200.

SB 205. SB 215. SB 236.
SB 244. SB 251.
SB 252. SB 264. SB 280.

SB 282. SB 286. SB 333.
SB 366. SB 380.
SR 19. SR 120. SB 220.

SB 283. SB 297. SB 329.
SB 350. SB 381.
SB 390. SB 391. SB 392.

Respectfully submitted,
/si Ed Barker, Chairman Senator, District 18

The President announced at 8:56 o'clock P.M. that, pursuant to the provisions of SR 240, the Senate would now stand adjourned sine die.

INDEX

2291

Senate Journal Index
1987 Regular Session

INDEX

2293

PART I

SENATE BILLS AND RESOLUTIONS

SB

1--Tort Reform; Immunity from Liability and Awards for Damages;

change provisions ................................... 32, 52, 58, 68, 92, 93

SB

2--Torts; Medical Malpractice Reform Act of 1987 ....... 32, 52, 58, 68, 93, 94,

874, 907, 939, 951, 952, 957, 2288

SB

3--Public Officers and Employees; Political Activities; participation authorized;

conditions defined................................... 32, 86, 100, 157, 159

SB

4--Ocmulgee Judicial Circuit; Hancock County; change court terms 33, 67, 87,

141, 142, 327, 2288

SB

5--Sexual Offenses; Minors; rape, molestation, enticement;

age of consent under 17 ............................ 33, 190, 226, 283, 286

SB

6--General Assembly; Retirement Bills with Fiscal Impact; passage provisions;

actuarial studies .................................................... 33

SB

7--Superior Courts; Clerks' Retirement Fund; increase benefits; disability provi

sions ............................................................... 33

SB

8--Criminal Procedure; Bail Bonds; deposits; hearings; forfeiture procedures 33

SB

9--Juries; State Courts; civil actions; delete twelve persons provisions . 33, 1099

SB 10--Smoke Detectors; Required in new residential construction;

standards ............ 33, 67, 87, 141, 142, 1702, 1710, 2288

SB 11--Elections; Voting; delete straight political party vote except presidential 34

SB 12--Human Resources; Department; abolish; recreate three

separate departments................................................ 34

SB 13--Elections; Amend Code; write-ins; registrars; absentee ballots;

elector lists ............................... 34, 86, 100, 157, 160, 388, 2288

SB 14--Merit System; Employee Assistance Program; create;

records confidential ...................... 34, 86, 100, 157, 161, 1092, 2288

SB 15--Probate Courts; Judges; Retirement Fund; increase benefits ............. 34

SB 16--Landlord and Tenant; Cable TV Service; multi-unit dwellings;

operators standards ................... 34, 882, 971, 1044, 1081, 1112, 1140

SB 17--Fair Business Practices; Telephones; automatic dial, recorded messages;

regulate, permits .................................................... 34

SB 18--Insurance; Commissioner; insurer campaign contributions, prohibitions .35

SB 19--Adoption; Human Resources; increase aid, families

with hard-to-place child ............................ 35, 189, 227, 283, 288

SB 20--Courts; Juvenile; extend jurisdiction to 18 year olds;

certain cases....................................... 35, 189, 227, 283, 289

SB 21--State Employees; Merit System; overtime pay in lieu of

compensatory time .................................................. 35

SB 22--General Assembly; Local Government Impact Fiscal Notes Act; repeal . . 35

SB 23--Wilkinson County; Ocmulgee Judicial Circuit;

change terms .............................. 35, 67, 87, 141, 143, 327, 2288

SB 24--Mental Health; Mentally 111, Alcoholic, Drug Abusers;

involuntary outpatient treatment .................... 36, 397, 418, 457, 464,

1367, 1386, 2288

SB 25--Art In State Buildings Program; establish; budget;

rights of artist ........................... 36, 86, 100, 157, 161, 1366, 2288

SB 26--Elections; Candidates for State Office; disclosure reports;

exception to filing......................... 36, 86, 100, 157, 162, 388, 2288

SB 27--Recall of Public Officers; Amend Act; procedures; definitions;

records; petitions. ....................... 36, 177, 191, 233, 239, 1850, 1866,

1935, 1950, 2134, 2213, 2282, 2288

2294

JOURNAL OF THE SENATE

SB 28--State Employees; Injured on Duty; salary provisions, coordinate workers' compensation................... 36, 177, 191, 233, 245, 2199, 2202, 2218, 2222, 2260, 2266, 2267
SB 29--Seat Belts; Motor Vehicles; required, children over 3 but under 16 years ........................ 36, 274, 310, 342, 348, 365, 379
SB 30--Seat Belts; Passenger Cars; required in front seat when moving; repeal in 1990 .................................................. 37, 274
SB 31--Insurance; Motor Vehicle; economic loss benefits; pleadings; extent of injuries. .................. 37, 478, 576, 630, 707, 1709, 1812, 2288
SB 32--Superior Courts; Gwinnett Judicial Circuit; additional judge ............................... 37, 226, 275, 313, 342, 351
SB 33--Local Government; Garbage; dumping across county lines unlawful; penalty; exception.................... 37, 67, 87, 141, 144, 1708, 1814, 2288
SB 34--Evidence; Witnesses; spouse's testimony compellable; crimes against child..................... 37, 155, 178, 196, 197, 821, 859, 965, 2288
SB 35--Domestic Relations; Parents' Duty of Support; mentally, physically disabled minors ...................................... 37, 1106
SB 36--Handicapped Persons; Parking Lots and Spaces; accessibility; fare gate mechanism ............................................ 38, 189
SB 37--License Plates; Special; Shriners; volunteer firemen . ... 38, 86, 100, 157, 163 SB 38--Employees' Retirement System; Creditable Service; redefine prior service;
military service credit ............................................... 38
SB 39--Corrections; Inmates; medical service costs; reimbursement to counties ............... 38, 177, 191, 233, 245, 1555, 2288
SB 40--Workers' Compensation; Independent Contractors; exclusions; products for resale, delivery ......................... 38, 451, 480, 586, 593
SB 41--Employment; Employees Attending Judicial Proceedings; discipline prohibited ................ 38, 359, 398, 457, 488, 551, 1554, 2289
SB 42--Animals; Dogs; failure to control; reckless conduct; penalties .......................................... 38, 479, 576, 629, 698
SB 43--Adoption; Stepparent Adoptions; mother's affidavit regarding putative father ............... 39, 67, 87, 142, 145, 389, 426, 2288
SB 44--Magistrate Courts; Magistrates; Law Practice Restrictions; make language gender neutral ............... 39, 67, 87, 142, 146, 327, 2288
SB 45--Driver Improvement Clinics; fees ....... 39, 67, 87, 142, 157, 613, 1530, 2288 SB 46--Courts; Civil Actions; recording or video
taping depositions................................ 39, 67, 88, 142, 157, 158 SB 47--Indemnification; Insurance; public officers and employees;
legal fees, counsel .................. 39, 189, 227, 283, 291, 2207, 2218, 2288 SB 48--Ad Valorem Tax; Inventories; assessment dates; exception,
new business enterprise .............................................. 39 SB 49--Alcoholic Beverages and Alcoholism; Beer or Wine Sales;
prohibit near certain buildings; distances .............................. 39 SB 50--Torts; Nonprofit Athletic Programs; liability limitations; definitions ... 40 SB 51--Probate Courts; Property Boundary Processioners;
appointments of county boards ....................................... 40
SB 52--Commerce and Trade; Sales Seminars, Meetings; deceptive trade practices; false statements ..................... 40, 226, 275, 313, 342
SB 53--Sexual Offenses; Pandering for Prostitution; redefine persons as gender neutral ............................ 40, 769, 829
SB 54--Sexual Offenses; Pandering; use of motion pictures, photographs, video recordings .................................................... 40
SB 55--Counties; County Officers; local law to provide compensation supplements ........................................... 40
SB 56--Counties; Employees; certain officials authority to make personnel decisions .................................................. 40

INDEX

2295

SB 57--Secretary of State; Public Official Directory;

annual publication ........................ 41, 86, 100, 157, 165, 389, 2288

SB 58--Elections; Voting; straight party ticket vote prohibited; exceptions

41

SB 59--Douglas Judicial Circuit; Superior Court; change term to

Second Monday in April, October .......... 41, 154, 178, 196, 198, 302, 322

SB 60--Driving Under Influence, DUI; Vehicle Declared Contraband;

forfeiture for no insurance coverage ................................... 41

SB 61--Elections; Recall of Public Officials; change certain procedures .......... 41

SB 62--Contractors; Electrical, Plumbers, Conditioned Air;

licensure without exam .............................................. 41

SB 63--Adoption; Records; birth parent and sibling information;

release procedures......................... 42, 189, 335, 360, 404, 425, 427

SB 64--Seatbelts; Passenger Vehicles; use required front

seat occupants ............................... 42, 86, 100, 157, 165

SB 65--Education; Drug Testing; students in public schools; procedures ......... 42

SB 66--Education; Alcohol, Smoking, Drug Abuse; require public

school health courses ................................................ 42

SB 67--Sexual Offenses; Child Pornography; possession unlawful, definitions

42

SB 68--Torts; Political Subdivision Property; criminal acts;

immunity for injuries

42, 1099, 1163, 1234, 1263, 1847, 2288

SB 69--Fort Oglethorpe; Lakeview-Fort Oglethorpe-Catoosa County

Stadium Authority; continue .......................... 53, 87, 91, 611, 960

SB 70--Coroners; Georgia Coroner's Training Council;

change membership ................................. 53, 86, 100, 157, 167

SB 71--Elections; Candidates; no election in precinct if no opposition;

write-in candidates ..... 53, 177, 191, 233, 246, 283, 284, 964, 998, 2288

SB 72--Smyrna, City of; Mayor and Councilmen; elections ... 53, 87, 91, 1648, 2288

SB 73--Civil Practice; Arbitration; extensive code revision ... 53, 768, 829, 892, 894

SB 74--Baldwin County; Board of Commissioners; elections;

terms; districts................................................ 54, 87, 91

SB 75--Employment Security Law; Maximum Weekly Benefits;

grounds for disqualification ....... 54, 226, 275, 313, 342, 343, 875, 908, 2288

SB 76--Ethics In Government; Insurance Commissioner;

campaign contribution limitations .................................... 54

SB 77--Driving Under Influence, DUI; Violations; prior convictions of federal,

local or other states ................ 54, 154, 179, 196, 199, 2224, 2242, 2288

SB 78--Secretary of State; Securities; certificate of compliance;

admissible evidence ...................... 54, 154, 179, 196, 200, 354, 2288

SB 79--Securities; Sales Transactions; registration exemptions .................. 54

SB 80--Banking and Finance; Judicial Proceedings; document

reproduction costs; reimbursement. .... 55, 154, 179, 196, 200, 763, 812, 2288

SB 81--Fulton County; Public Works Contracts; lowest bids,

determining factors....................... 55, 190, 227, 284, 293, 566, 1362

SB 82--Atlanta, City of; Traffic Courts;

senior judges ............................ 55, 190, 227, 284, 294, 566, 1362

SB 83--Authorities; Urban Residential Finance Authority, Atlanta;

powers, loans, bonds ..................... 55, 190, 227, 284, 295, 566, 1362

SB 84--Fulton County; Board of Commissioners; compensation;

population classification .................. 55, 190, 227, 284, 296, 566, 1362

SB 85--Atlanta, City of; Downtown Development and Urban

Redevelopment Areas; contracts ........... 55, 190, 228, 284, 297, 567, 1362

SB 86--Fulton County; County Board of Health;

create by ordinance .................. 56, 359, 398, 457, 487, 488, 762, 1362

SB 87--Fulton County; Board of Health; employees retirement

system options ................................................... 56, 89

SB 88--Fulton County; Board of Health; reimbursement for

employee retirement services .................................. 56, 89, 181

2296

JOURNAL OF THE SENATE

SB 89--Courts; Juvenile; probation workers; state subsidy;

certain counties ................................ 56, 1100, 1163, 1234, 1238

SB 90--School Buses; Equipment; colored flasher lights

requirements, change ........................... 56, 1036, 1101, 1171, 1216

SB 91--Motor Vehicles and Traffic; DUI; injurious traffic accidents;

chemical test requirements .......................... 56, 189, 228, 284, 298

SB 92--Motor Vehicles and Traffic; DUI; license suspension periods;

refusal to submit chemical tests .... 57, 189, 228, 284, 298, 1424, 1502, 2288

SB 93--Hancock County; Sheriff; provide chief deputy,

office employees, automobiles. .................................. 57, 87, 92

SB 94--Insurance; Motor Vehicle; requirements; violations, penalties, fees

57

SB 95--LaGrange, City of; LaGrange Development Authority;

continue in force ..................................... 57, 87, 92, 413, 608

SB 96--Social Services; Child Welfare Agencies; licenses,

regulations ........................ 62, 827, 885, 982, 988, 996, 1743, 1755,

1915, 1918, 1954, 2176, 2282, 2288

SB 97--Elections; Campaign Financial Disclosure; ethics, contributions;

recall; reports....................................................... 62

SB 98--Dentists and Dental Hygienists; Dentures; identifiable

markings of wearers ............................ 62, 189, 397, 418, 488, 560

SB 99--Habeas Corpus; Death Penalty; inmate petitions;

location of proceedings ............................. 62, 359, 398, 488, 561

SB 100--Appeals and Error; Death Penalty; pretrial review;

elapsed terms; preclusion to appeal .................. 62, 155, 179, 196, 201

SB 101--Nuisances; Cultural Facilities; limit circumstances;

public facilities ...................... 62, 155, 179, 196, 202, 763, 800, 2288

SB 102--Counties; Elected Officers, fringe benefits authorized 63, 178, 191, 233, 248

SB 103--Motor Vehicles and Traffic; DUI; forfeiture, seizure provisions;

proceeds of sale ..................................................... 63

SB 104--Banking and Finance; Public Funds; depositories;

calculation of amount of security .............. 63, 308, 336, 365, 1421, 2288

SB 105--Banking and Finance; Public Funds; depositories; security amount;

deduct deposit insurance ................ 63, 308, 336, 365, 366, 1421, 2288

SB 106--Sheriffs; Minimum Annual Salaries; effective

January 1, 1988 .................... 63, 177, 191, 233, 249, 1908, 1924, 2289

SB 107--Game and Fish; License Fees; agents; increase hunting,

fishing fees; intent ................... 63, 190, 228, 284, 313, 470, 592, 1645

SB 108--Courts; Grand Juries; impartial juries; change of venue conditions

64

SB 109--Crimes and Offenses; Controlled Substances;

illegal drug manufacturing; penalties ................. 64, 154, 179, 197, 203

SB 110--Tobacco Products; Prohibit Sales to, Purchases by Minors .............. 64

SB 111--Day Care Centers; Religious Nonprofit; preschool programs;

licensure; inspections ................................................ 64

SB 112--Crimes and Offenses; Tattoos on Minors; unlawful under 16;

penalty ........................... 64, 275, 310, 342, 349, 1424, 1504, 2288

SB 113--Nonprofit Organizations; Directors, Officers, Members;

civil liability immunity

64, 827, 885, 982, 1043, 1045, 1112, 1113,

1650, 1918, 2026, 2030, 2038, 2204, 2282, 2288

SB 114--Social Services; Small Group Residential Facilities;

public hearings on location................................... 64, 397, 418

SB 115--LaGrange, City of; Corporate Limits ................ 65, 100, 140, 413, 2288

SB 116--Tobacco Products; Selling, Furnishing to or Purchase by Minors;

prohibit ........................................... 65, 478, 576, 629, 695

SB 117--Driver's License; Applications;

written tests requirements .......................... 77, 451, 480, 775, 816

SB 118--Transportation; Property Acquisition; future road improvement;

authority to acquire .............. 77, 178, 192, 233, 250, 866, 904, 992, 1056

INDEX

2297

SB 119--Revenue and Taxation; tax evasion;

criminal penalties .................. 78, 359, 398, 488, 585, 586, 1425, 1503,

1744, 1822, 1923, 2017, 2282, 2289

SB 120--Juvenile Proceedings; DUI, Underage Drinking, Drug Violations;

suspend driver's license .............................................. 78

SB 121--Minors; Controlled Substance or Marijuana Abuse;

reporting procedures ............. 78, 769, 829, 1044, 1051, 1650, 1919, 2288

SB 122--Criminal Procedure; Drug Trafficking; increase fines

as condition of probation ............................................ 78

SB 123--Residential Finance Authority; Powers; investments; bonds;

low-income housing credits; utilities. ....... 78, 178, 192, 233, 251, 413, 1956

SB 124--Merit System; Employees; use of accumulated

sick leave ......................................... 78, 177, 192, 233, 252

SB 125--Minors; Child Custody Proceedings; right to select parent;

change age ........................................ 79, 155, 179, 197, 204

SB 126--Education; Athletic Associations, Private; activities in public schools ... 79

SB 127--Merit System; Classified Service Employees; on-call time compensation 79

SB 128--Retirement and Pensions; Peace Officers' Benefit Fund;

surviving spouse benefits............................................. 79

SB 129--Employees' Retirement System; Retirees; options revocation; divorce;

spouse's death; remarriage ........................................... 79

SB 130--Lake Lanier Islands Development Authority; Ordinances;

security officers; alcoholic beverage sales ............. 79, 190, 228, 284, 313,

314, 763, 801, 2288

SB 131--Magistrate Courts; Ordinances of State Authorities;

jurisdiction .......................... 79, 189, 228, 284, 313, 315, 874, 2288

SB 132--Workers' Compensation; Dependent's Termination; appeals;

employer liability; benefits ..................... 80, 140, 451, 480, 774, 792,

1955, 2008, 2288

SB 133--Workers' Compensation;

Occupational Diseases .............. 80, 728, 769, 836, 846, 1955, 2004, 2288

SB 134--Insurance; insurers reports;

additional information

80, 308, 336, 365, 381, 404, 405

SB 135--Insurance; Physicians, Surgeons; liability insurers; risk rating system

80

SB 136--Hazardous Materials; Liability Immunity; assisting in

mitigating effects of discharge

80, 970, 1037, 1234, 1235, 1650, 2288

SB 137--Hazardous Materials; Toxic Substances; hazards in workplace;

notify fire departments ............................. 80, 575, 624, 734, 758

SB 138--Motor Vehicles and Traffic; DUI; fixing punishment for violations;

determining factors ................................................. 81

SB 139--Schley County; Board of Commissioners; elections,

districts, compensation ........................ 81, 155, 156, 470, 557, 2288

SB 140--Torts; Product Liability; product sellers not

liable as manufacturers ......... 81, 359, 398, 488, 585, 605, 1958, 2015, 2288

SB 141--Municipal Courts; Alcoholic Beverage Sales to Minors;

jurisdiction ........................................ 81, 178, 192, 233, 253

SB 142--Probation; Fines, Restitution; refunds for over-payment

under $5.00 ............................ 81, 177, 192, 233, 253, 1366, 2288

SB 143--Corrections; Employees; assist local law

enforcement officers .....

81, 177, 192, 233, 254, 874, 2288

SB 144--Penal Institutions; Absconded Probationers; return of warrants;

tolling of sentence ....................... 82, 177, 192, 233, 255, 763, 2288

SB 145--Fulton County; Probation System Employees;

retirees; health insurance ................ 82, 177, 193, 233, 256, 1092, 2288

SB 146--Corrections; Board; quorum .............. 82, 177, 193, 233, 257, 1154, 2288

SB 147--Juvenile Proceedings; Traffic, Waterways Offenses;

penalties; proceedings, transfers ..................... 82, 155, 180, 197, 205

2298

JOURNAL OF THE SENATE

SB 148--Juvenile Proceedings; Juvenile Capital Crimes; court jurisdiction;

custody; detention

................... 82, 190, 228, 284, 313, 316, 479,

774, 803, 1128

SB 149--Courts; Grand Juries; death penalty; certain drug cases ................. 82

SB 150--Motor Vehicles and Traffic; Traffic Offenses; unlawful flight

deemed felony, certain cases ........................ 83, 154, 180, 197, 206

SB 151--Crimes and Offenses; Littering;

penalties ........................... 83, 397, 418, 488, 585, 588, 1366, 2288

SB 152--Education; Tuition Equalization Grants; define approved

private colleges ..................................................... 83

SB 153--Law Enforcement Officers and Agencies; Disciplinary Actions;

due process rights; rules, procedures .................................. 83

SB 154--Social Services; Home Energy Assistance; prevent recipients

retain certain funds ............................ 83, 226, 275, 313, 342, 346

SB 155--Peace Officers; Minimum Salaries;

full-time employees ............................ 83, 154, 180, 197, 207, 208

SB 156--Recall of Public Officers; Campaign Contributions;

Ethics in Government Act ..................... 83, 226, 275, 313, 342, 346,

1555, 2167, 2288

SB 157--Motor Vehicles and Traffic; Habitual Violators; driver's

license revocation; redefine ........................................... 97

SB 158--Civil Practice; Judicial Sales; property under execution;

time of conducting .................... 97, 883, 972, 1044, 1075, 1112, 1139

SB 159--Children's Trust Fund; Child Abuse and Neglect Prevention Act;

enact ....................... 97, 308, 336, 365, 367, 1743, 1759, 1922, 1933,

1954, 2115, 2282, 2289

SB 160--Transportation; Department; employees injured line of duty;

compensation .................... 97, 190, 229, 284, 313, 317, 322, 323, 342,

350, 792, 2288

SB 161--Teachers Retirement; Sick Leave; creditable service accumulation ....... 97

SB 162--Juvenile Proceedings; Delinquent Acts; detention; create

noninstitutional options ............ 97, 359, 398, 630, 708, 2175, 2190, 2288

SB 163--Bail; Jumping; out-of-state bail jumping; define; penalties............... 98

SB 164--Staggered Tag Sales; License Plates; registration periods;

limitations; exceptions ............................................... 98

SB 165--DeKalb County; Form of Government; powers;

continue in force............................... 98, 1372, 1375, 1957, 2289

SB 166--State Government; Document Printing; delete certain

executive branch requirements ...................... 98, 575, 624, 837, 863

SB 167--Teachers Retirement; Creditable Service; allowance on

service retirement................................................... 98

SB 168--Property; Mortgages on Residential Property; interest on escrow funds ... 98

SB 169--Criminal Procedure; Scientific Reports, Statements;

right of defendant to copies ..................... 98, 1100, 1163, 1234, 1241

SB 170--Coroners; Probate Judges, Surveyors, Court Clerks;

filling vacancies ................... 149, 397, 418, 457, 488, 548, 1958, 2011,

2159, 2161, 2176, 2186, 2283, 2289

SB 171--Property; Garage, Parking Lots; damage to motor vehicles;

liability .......................................... 150, 477, 576, 734, 754

SB 172--Taylor County; Chief Magistrate; probate court

judge serve; constable ........................... 150, 191, 195, 1026, 2288

SB 173--Public Safety Department; Traffic Conviction Reports;

transmittal fees paid to court clerks ....... 150, 336, 360, 404, 425, 432, 438,

443, 457, 488, 552, 1555, 2289

SB 174--Milledgeville, City of; Corporate Limits ...................... 150, 191, 195

SB 175--Landfills; Abandoned; construction activity prohibited; enact 150, 882, 972

INDEX

2299

SB 176--Counties; Law Libraries; recorder's courts;

collection of additional costs ................... 150, 190, 229, 284, 313, 318

SB 177--Gasoline; Service Stations; prohibit retail operation

by manufacturers ............... 150, 309, 337, 365, 371, 452, 586, 596, 599,

1398, 1543, 2288

SB 178--Peace Officers; Annuity and Benefit Fund; include DHR

Investigators; YDC security ......................................... 151

SB 179--Education; Quality Basic Education Act; code revision;

editorial corrections ............... 151, 335, 360, 404, 425, 433, 1958, 2038,

2279, 2288

SB 180--Human Resources; Handicapped Newborn Persons; registration;

referral services ........................ 151, 478, 576, 774, 795, 2277, 2288

SB 181--Dooly County; Industrial Development Authority;

continue in force .................................. 151, 191, 195, 411, 608

SB 182--Public Officers and Employees; military duty;

compensation ..................................... 151, 358, 399, 488, 561

SB 183--Counties; Board of Commissioners; minimum salaries;

certain population........................ 151, 335, 360, 404, 425, 434, 436

SB 184--Linwood, Town of; Elections; mayor and council;

powers .......................................... 172, 226, 231, 411, 1551

SB 185--Trenton, City of; new charter; reincorporate

... 172, 226, 231, 388, 2288

SB 186--Muscogee County; Board of Education; composition;

elections; districts; referendum .............. 172, 226, 231, 1555, 1583, 2288

SB 187--Workers' Compensation; Guardians of Incapacitated Adults;

appointment by state board ............. 172, 359, 399, 734, 755, 1421, 2288

SB 188--Workers' Compensation; Guardians of Minors, Incompetent

Claimants; authority. ................... 172, 451, 480, 774, 802, 1421, 2288

SB 189--Law Enforcement Officers and Agencies; Equipment,

Funds Donations; authorize acceptance certain conditions 173, 359, 399, 488,

586, 589, 1651, 1712, 2288

SB 190--Labor Department; unoccupied office space,

rent or lease ........................... 173, 451, 480, 586, 600, 1092, 2288

SB 191--Rural Economic Development Law; Enactment; state-wide plans,

projects; funds ......................... 173, 575, 625, 734, 747, 1366, 2288

SB 192--Interest; Lender Credit Cards; maximum rate; loan finance charges . . . . . 173

SB 193--Legislative Retirement System; Creditable Service..................... 173

SB 194--Magistrate Courts; Chief Magistrates;

non-partisan elections ............................. 173, 309, 337, 365, 372

SB 195--Magistrate Courts; Bad Check Issuance; trial procedures

for misdemeanor violations......................... 173, 309, 337, 365, 383

SB 196--Magistrate Courts; Appeals; attorney's fees; litigation expenses;

court costs ............................ 174, 309, 337, 365, 384, 1957, 2289

SB 197--Magistrate Courts; Judges; compensation of chief magistrate

174, 397,

418, 630, 733, 736, 775, 836, 839

SB 198--Public Officers and Employees; Magistrates; Constables;

Court Clerks; commissions ........ 174, 478, 576, 774, 810, 1555, 1686, 1744,

1812, 1923, 2030, 2283, 2288

SB 199--Magistrate Courts; Civil Jurisdiction . . . . . 174, 309, 337, 365, 384, 1366, 2288

SB 200--Magistrate Courts; Appeals to Superior or State Courts;

judgments in civil actions ............... 174, 359, 399, 586, 604, 1958, 2289

SB 201--Magistrate Courts; Jurisdiction; written waivers

of extradition ............................ 174, 309, 337, 365, 404, 406, 407

SB 202--Magistrate Courts; Personnel; counties provide........................ 174

SB 203--Crimes and Offenses; Battery; define offense,

set punishment .............. 175, 478, 576, 775, 815, 1367, 1698, 1757, 2288

SB 204--Counties; Bids; emergency purchases;

competitive bid provisions ....................... 175, 827, 885, 1112, 1128

2300

JOURNAL OF THE SENATE

SB 205--Rockdale County; State Court; create . . . . . 186, 360, 362, 364, 365, 872, 2289 SB 206--Game and Fish; Fish; wholesale dealers; licensure;
fees; nonresidents ................. 186, 479, 577, 774, 775, 1424, 1498, 2288 SB 207--Torts; Independent Contractors; liability of employers;
conditions ........................................ 186, 479, 577, 630, 703 SB 208--Counties; Probate Courts; governing authorities, jurisdiction in
county matters ................. 186, 335, 360, 404, 425, 436, 613, 750, 2288 SB 209--Crimes and Offenses; Cocaine Trafficking; penalties; sentencing;
'crack'; free base .................... 186, 832, 1100, 1163, 1234, 1244, 1908, 1913, 1954, 2002, 2037
SB 210--State Agencies; Rules; general assembly override powers; effective date of rules .............................................. 186
SB 211--Ad Valorem Tax; Agricultural Property; preferential assessment; change in ownership............................... 187, 308, 337, 365, 373
SB 212--Atlanta, City of; Municipal Court; costs; proceedings against tenants holding over ....................................... 187, 575, 582
SB 213--Calhoun, City of; HAND UP, INC.; funds appropriation; continue in force .................................. 187, 275, 282, 717, 960
SB 214--Crimes and Offenses; Drug Trafficking; mandatory minimum term of imprisonment..................................... 187
SB 215--Juvenile Proceedings; Designated Felony Act; redefined .......................... 187, 309, 338, 365, 404, 407, 1957, 2289
SB 216--Banking and Finance; Regional Interstate Banking; Maryland, District of Columbia 187, 396, 419, 488, 547, 1422, 1496, 2288
SB 217--Lumpkin County; Board of Education; school superintendent; appointment; referendum ......................... 218, 309, 311, 872, 1087
SB 218--Insurance; Rates; classification of risks; maximum modified amounts .................... 218, 882, 972, 1112, 1120, 1170, 1171, 1649, 2288
SB 219--Northeastern Judicial Circuit; Superior Court; change term; Hall County ........................... 218, 397, 419, 586, 603, 2277, 2288
SB 220--Banking and Finance; Notices; registration; stock; initial directors; family members..................... 218, 308, 338, 365, 374, 377, 470, 2289
SB 221--Public School Employees Retirement; Creditable Service; prior teaching service ............................................... 219
SB 222--Legislative Retirement System; reduce benefits members after 6-30-87 . 219 SB 223--Probate Courts; Office Locations. . 219, 397, 419, 457, 487, 490, 1650, 2288 SB 224--West Point, City of; Downtown Development Authority;
continue in force .................................. 219, 309, 311, 819, 960 SB 225--West Point, City of; Development Authority;
continue in force.................................. 219, 309, 311, 819, 960 SB 226--Troup County; Development Authority;
continue in force.................................. 219, 309, 311, 469, 960 SB 227--Civil Practice; Money Judgments; additional discovery
measures ......................... 268, 359, 399, 630, 700, 2199, 2209, 2288 SB 228--Teachers Retirement; attendance officers;
membership ....................................................... 268 SB 229--Abortion; Parental Notification Act; enact ........... 268, 452, 480, 629, 632,
733, 735, 1556, 1638, 1757, 2288 SB 230--Crimes and Offenses; Laws; effect on prosecution of repeal
or amendments ........................ 268, 359, 399, 734, 746, 1367, 1412, 1529, 1629, 1758, 2235, 2283, 2288
SB 231--Teachers; Contracts; rights; nonrenewal; demotion; review; school mergers .................. 269, 358, 399, 586, 602, 2174, 2175, 2207, 2210, 2232, 2263, 2283, 2288
SB 232--Education; Educational Reinvestment Act for AFDC Children; GERA trust program .......................... 269, 335, 361, 404, 426, 438

INDEX

2301

SB 233--Cobb Judicial Circuit; Superior Court; judges;

salary supplement...................... 269, 479, 577, 630, 705, 1648, 2288

SB 234--Elections; Campaign Contributions; limit monetary amounts;

excess transfers .................................................... 303

SB 235--Chiropractors; Scope of Practice; education requirements;

ancillary procedures ................................................ 303

SB 236--Guardian and Ward; Guardianship Hearings; fees;

professional examiners; attorneys ........ 303, 451, 481, 586, 590, 1554, 2289

SB 237--Housing; Mobile Home Parks; land transactions;

rights of owners, tenants............................................ 303

SB 238--Health; Practitioners of the Healing Arts; delegation of duties;

conditions ......................................................... 303

SB 239--Professions and Businesses; Funeral Directors, Embalmers;

apprentices licensure ................... 304, 574, 625, 734, 753, 1650, 2288

SB 240--Spalding County; Ordinances and Regulations;

continue authority to enact ...................... 304, 360, 362, 1026, 1307

SB 241--Spalding County; Fire Protection Districts; tax levy, bonds;

continue in force ................................ 304, 360, 363, 1026, 1307

SB 242--Spalding County; Business Licenses in Unincorporated Areas;

continue in force ................................ 304, 360, 363, 1026, 1307

SB 243--Spalding County; Sales and Use Tax; bonds;

continue in force ................................ 304, 360, 363, 1026, 1307

SB 244--Putnam County; Board of Commissioners;

mileage allowance ................................ 327, 397, 401, 872, 2289

SB 245--Clarke County; Airport Authority; creation ........ 327, 397, 401, 1311, 1591

SB 246--Teachers Retirement; Peace Corps; teaching service credit ............ 328

SB 247--Garnishment; Proceedings; continuing; earnings

computed hourly or weekly ........................ 328, 575, 625, 733, 742

SB 248--Property; Dispossessory Proceedings; furnishing of utilities;

payments.

328, 728, 770, 836, 856, 892, 935, 983

SB 249--Teachers Retirement; Early Retirement Application; 30-year service .... 328

SB 250--Mount Vernon, City of; Corporate Limits .......... 328, 397, 401, 962, 2288

SB 251--Bibb County; Macon-Bibb County Water and Sewerage

Authority; compensation .......................... 328, 397, 401, 872, 2289

SB 252--Bibb County; Macon-Bibb County Water and Sewerage Authority;

property liens.................................... 328, 397, 401, 872, 2289

SB 253--Fulton County; Court Systems; state and magistrate;

fees for special fund............................... 329, 417, 453, 630, 702

SB 254--Banking and Finance; Credit Card Banks;

regulate .......................... 329, 396, 419, 457, 462, 1182, 1194, 2288

SB 255--Wills, Trusts, and Administration of Estates; Wills;

marital deduction provisions ....................... 355, 768, 829, 892, 930

SB 256--Contracts; Bad Checks; damages; court costs; service charges;

notices; venue ........................... 329, 396, 419, 586, 593, 599, 609,

1955, 2002, 2288

SB 257--Commerce and Trade; Motor Vehicle Dealers; redefine

prohibited deceptive practices .................. 355, 477, 577, 630, 733, 738

SB 258--Griffin Judicial Circuit; Superior Court; additional judge;

jury impanelment ............................. 329, 451, 481, 630, 733, 737

SB 259--Torts; Wrongful Death of Parent; children bringing

recovery actions................................... 329, 451, 481, 586, 601

SB 260--Health; Death Certificates; physician's assistants

authority to sign .................................. 329, 478, 577, 734, 756

SB 261--Revenue and Taxation; Foreign Depository Financial Institutions;

intangible taxation ................................................. 330

SB 262--General Assembly; Members; reimbursable expenses;

per diem differential; penalties ...................................... 355

2302

JOURNAL OF THE SENATE

SB 263--Contracts; Municipal Corporations; limitations; not

less than 400,000............................. 355, 575, 625, 774, 775, 837,

866, 867, 869, 892, 937, 1958, 2026, 2288

SB 264--Evidence; Witness Fees; arson investigators. . . . . 355, 452, 481, 630, 733, 734,

1555, 1628, 1744, 1812, 1923, 2197, 2283, 2289

SB 265--Insurance; Motor Vehicle; insurers rights; claims

against uninsured motorist.......................................... 356

SB 266--Motor Vehicles and Traffic; Handicapped Parking Spaces;

designation; signs; towing; penalties ............ 356, 1099, 1163, 1234, 1249,

1891, 1930, 2288

SB 267--University System; Leases; laboratory, research facilities;

small business development ............. 356, 477, 577, 629, 699, 1366, 2288

SB 268--University System; Lease of Facilities,

exception to prohibitions ............... 356, 477, 577, 630, 700, 1366, 2288

SB 269--Child Support; substandard support requiring public assistance ........ 390

SB 270--Child Support; enforcement proceedings; immunity, court witnesses

390

SB 271--Child Support; enforcement; DHR collect interest on judgments ........ 390

SB 272--Child Support; enforcement; reimbursement for attorney's fees

390

SB 273--Probate Courts; Chief Clerks; duties upon vacancy office of judge;

appointment....................................................... 391

SB 274--Probate Courts; Judges; counties over 150,000;

eligibility requirements ....................... 391, 574, 625, 734, 743, 775,

836, 837, 1959, 2000, 2288

SB 275--Probate Courts; Jurisdiction; concurrent with superior courts;

counties over 150,000 ................... 391, 574, 625, 734, 748, 2277, 2288

SB 276--Powder Springs, City of; Downtown Development Authority;

membership; continue in force ................... 391, 452, 454, 1648, 2288

SB 277--Hall County; State Court; change terms

391, 452, 454, 1651, 1864, 2288

SB 278--Commerce and Trade; Fair Business Practices; purchase of dwelling;

office supply transactions

391, 826, 885, 983, 989,

1958, 2028, 2288

SB 279--Cobb County; Probate Court; judge and clerk;

compensation ................................... 391, 452, 454, 1649, 2288

SB 280--Cobb County; State Court; solicitor; chief assistant;

assistants; compensation ......................... 392, 452, 454, 1649, 2289

SB 281--Contracts; Contingency Payments to Subcontractors; public policy ...... 392

SB 282--Motor Vehicles and Traffic; Parking; removal improperly parked vehicles;

cities over 100,000. .................. 392, 575, 625, 734, 746, 775, 836, 839,

1819, 1932, 2279, 2289

SB 283--Alcoholic Beverages and Alcoholism; municipal licenses;

county-wide referendum ................ 392, 477, 577, 630, 713, 1423, 2289

SB 284--Fulton County; Community Improvement Districts; creation;

bonds; taxes ............................... 392, 575, 582, 1221, 1253, 2288

SB 285--Controlled Substances; Dangerous Drugs; complimentary samples;

prohibited sales ............................... 414, 1099, 1164, 1234, 1265

SB 286--Examining Boards, State; Medicine; licenses to teach;

medical malpractice investigations ....... 414, 478, 578, 734, 751, 1424, 1497,

1835, 1871, 1923, 2195, 2283, 2289

SB 287--Marriage Licenses; Resident Applicants; issuance any county

one party is a resident ................. 414, 826, 885, 983, 999, 1649, 2288

SB 288--Banking and Finance; Check or Money Order Sellers;

cashing or redemption requirements ................................. 414

SB 289--Drugs and Drug Abuse; Generic Drug Substitution; pharmacists;

prescription forms .......... 414, 827, 885, 983, 996, 1001, 1555, 1599, 2288

SB 290--Health; County Boards; prohibit regulate certain

agricultural pursuits ............................... 446, 728, 770, 837, 861

SB 291--Foreign Language Institute, Georgia; create ........................... 446

INDEX

2303

SB 292--Physical Therapists; Licensure; standards of care;

disciplinary actions.............................. 446, 882, 972, 1112, 1114

SB 293--LaGrange, City of; Downtown Development Authority;

continue in force.................................. 446, 575, 583, 819, 960

SB 294--LaGrange, City of; bond debt limit; waterworks system;

continue in force .................................. 447, 575, 583, 819, 960

SB 295--Hogansville Development Authority;

continue in force.................................. 447, 575, 583, 819, 960

SB 296--Gilmer County; Sheriff, Deputy, Personnel;

compensation .............................. 447, 575, 583, 1955, 2014, 2288

SB 297--Taylor County; Board of Commissioners;

districts ........................................ 447, 575, 583, 1026, 2289

SB 298--Lee County; Business License Fees, Occupational Taxes;

continue in force ................................ 447, 575, 583, 1152, 1307

SB 299--Marshallville, City of; new charter ................ 447, 575, 583, 1311, 2288

SB 300--Insurance; Life; notice to insured; beneficiary

suspect in murder............................. 472, 1099, 1164, 1234, 1239

SB 301--Criminal Procedure; Sentences; persons under 17 sentenced as adult;

confinement ...................... 472, 623, 729, 774, 776, 1423, 1500, 2288

SB 302--Corporations, Partnerships and Associations; Railroads; officers,

directors; liability limits; indemnification ............ 472, 768, 829, 892, 921

SB 303--Evans County; Board of Education; composition; elections;

compensation; referendum ....................... 473, 624, 627, 1219, 2288

SB 304--Employees' Retirement System; Creditable Service; other states,

federal agency ..................................................... 473

SB 305--Probate Courts; Judges; increase minimum salaries ................ 473, 882,

972, 1044, 1073, 1075

SB 306--Insurance; Liability Risk Retention Groups;

formation; regulation ................. 473, 882, 972, 1044, 1087, 1670, 2288

SB 307--Torts; Manufacturers; product liability; punitive damages

473

SB 308--Kennesaw, City of; City Elections;

candidate qualifications .......................... 473, 624, 627, 1649, 2288

SB 309--Ethics In Government; County and Municipal Elected Officials;

defined as public officer ............................................ 474

SB 310--Housing; Single-Family Dwelling; structural inspection certificates

474

SB 311--License Plates; Special; State Defense Force ......... 569, 624, 729, 774, 777

SB 312--Workers' Compensation; Subsequent Injury Trust Fund; reimbursements;

limitations; review ................... 569, 882, 972, 1112, 1116, 1496, 2288

SB 313--Labor and Industrial Relations; Child Labor; employment certificates;

passing grades; maximum hours .................... 569, 768, 829, 892, 913

SB 314--Fayette County; Motor Vehicle Registration;

staggered tag sales .............................. 569, 729, 731, 1365, 2288

SB 315--Emergency Medical Services; Revisions; regional councils;

trauma centers; paramedics ................ 569, 827, 885, 1112, 1122, 1958,

2104, 2174, 2184, 2217, 2265, 2267, 2283

SB 316--Education; Public School Employees; retirees;

health insurance coverage .......................... 570, 768, 829, 983, 990

SB 317--Motor Vehicles and Traffic; DUI; two identical chemical tests

administered 30 minutes apart ................. 570, 1036, 1101, 1235, 1268

SB 318--Blind Persons; Advisory Commission on Programs for the Blind;

create .......................................... 617, 882, 972, 1044, 1083

SB 319--Atlanta, City of; Urban Enterprise Zones; percentage

of total jobs lost .............................. 617, 1372, 1375, 2277, 2288

SB 320--Agriculture; Atlanta Market for Georgia Farm

Products Authority; create ................................ 617, 1162, 1229

SB 321--Human Resources; Appeals to Final Orders; jury trials

before superior court ............................................... 617

2304

JOURNAL OF THE SENATE

SB 322--Superior Courts; Judges; retirement; senior judges;

creditable service; spouses ........... 618, 970, 1000, 1043, 1101, 1170, 1172

SB 323--Education; Superintendents; local; appointment, qualifications

618

SB 324--Public Officers and Employees; Insurance Commissioner;

appointment by governor ........................................... 618

SB 325--Public Officers and Employees; Labor Commissioner;

appointment by Governor........................................... 618

SB 326--Public Officers and Employees; Agriculture Commissioner;

appointment by Governor........................................... 618

SB 327--Local Government; Bonds; proceeds; authorized investments 619, 1162, 1229

SB 328--Schley County; Board of Education; elections; districts;

vacancies; compensation ......................... 720, 828, 833, 1152, 2288

SB 329--Oglethorpe, City of; Mayor and Council;

terms of office .................................. 720, 828, 833, 1152, 2289

SB 330--Health; County Hospital Authorities; members; terms; appointment

720

SB 331--Counties; Development Authorities; directors; terms; appointment

721

SB 332--Housing; County, City Authorities; commissioners; terms of office....... 721

SB 333--Fannin County; Board of Commissioners;

elections; terms ................................. 721, 971, 979, 2278, 2289

SB 334--Appalachian Judicial Circuit; Superior Court;

additional judge ................................. 721, 827, 885, 983, 1022

SB 335--Trucks; Tractor and Semitrailers; 65 feet load lengths ............. 721, 884

SB 336--Energy; Resource Recovery Development Authorities;

revenue bonds ................... 721, 768, 830, 983, 1004, 2176, 2184, 2288

SB 337--Troup County; Business Licenses; fees;

continue in force ................................ 721, 828, 833, 1219, 1645

SB 338--West Point, City of; Bonded Indebtedness; flood protection;

continue in force ................................ 722, 828, 833, 1421, 1645

SB 339--Cobb Judicial Circuit; Superior Court; additional judge; chief judge;

court reporter ................... 722, 827, 886, 983, 1002, 1650, 1726, 2288

SB 340--Property; Mechanic's or Materialman's Liens; bonds;

amount for release ............................................ 764, 1106

SB 341--Soperton, City of; Municipal Court; contempt;

punishment. .................................... 764, 884, 889, 1219, 2288

SB 342--Health; Hospital Authorities; liability,

self-insurance coverage ........................ 764, 1099, 1164, 1234, 1264

SB 343--Torts; Libel Actions; radio or television broadcasts;

evidence; retractions........................... 764, 1037, 1101, 1171, 1210

SB 344--License Plates; Special; Savannah State College;

extend time .................................... 764, 884, 973, 1044, 1049

SB 345--Lobbyists, Registered Agents; Unauthorized Use of Signatures;

revocation of registration ........................ 764, 882, 973, 1044, 1065

SB 346--Courts; Jury Lists; selection; placement of all registered voters' names 764

SB 347--Medical Malpractice; Summary Judgment Proceedings;

affidavit of conduct; motions ........................................ 765

SB 348--Medical Practice; State Examining Board, create, powers .............. 765

SB 349--Organ Donors; Anatomical Gifts; Coroner's release of body parts

821

SB 350--Woodstock, City of; Mayor; term;

limitation on terms.............................. 822, 971, 980, 1554, 2289

SB 351--Education; Sex Education; prescribed course in public schools .......... 822

SB 352--Education; Sex Education; public schools; course topics defined ........ 822

SB 353--Dodge County; Magistrate Court; elections; terms;

vacancies ....................................... 822, 971, 980, 1649, 2288

SB 354--State Courts; Abolish by Local Law; merge Superior Courts;

fees, probation employees ........................................... 822

SB 355--Superior Courts; Judges; travel expenses; reimbursement;

audit reports ............................................ 822, 1099, 1164

INDEX

2305

SB 356--Fannin County; Board of Education; nonpartisan elections;

referendum ..................................... 823, 971, 980, 2278, 2288

SB 357--Transportation; Trucks; weight, dimension limits; county roads;

designate roadways ............ 823, 1101, 1164, 1234, 1264, 2159, 2225, 2288

SB 358--Public Service Commission; Motor Carriers; safety rules

enforced by Transportation Department.............................. 823

SB 359--Georgia War Veterans Cemetery; establish ... 875, 969, 1038, 1112, 1131

SB 360--Trucks; Weight Limitations; triaxle; tandem axle;

agree federal definition ........................................ 876, 1101

SB 361--Insurance; Group; life, health, franchise plans;

requirements to place in force ................. 876, 1099, 1164, 1234, 1266,

1702, 1724, 2288

SB 362--Pierce County; Industrial Development and Building Authority;

continue in force .............................. 876, 1037, 1040, 1311, 1645

SB 363--Pierce County; Board of Commissioners;

expense allowances ............................ 876, 1037, 1040, 1311, 2288

SB 364--Teachers Retirement; Beneficiary; death of; designation options;

married members .................................................. 876

SB 365--Voter Registration; Registrars; driver's license examiners;

Public Safety facilities......................... 876, 1036, 1102, 1171, 1181

SB 366--Property; Liens; foreclosure; summonses; writ of possession

petition; filing ................ 876, 1100, 1164, 1234, 1251, 2223, 2227, 2289

SB 367--Surgical Treatment; informed consent;

disclosure procedures ..................................... 877, 1162, 1230

SB 368--Trucks; Length Limitations; tractor-trailers; roadway designation;

signs .............................. 877, 1101, 1164, 1234, 1247, 2278, 2288

SB 369--Fayette County; Water Authority; creation ...... 965, 1101, 1107, 1365, 2288

SB 370--Retirement and Pensions; Teachers Retirement; public school

security personnel.................................................. 965

SB 371--Education; Private Colleges Authority; student loan

revenue bond proceeds ........................ 965, 1036, 1102, 1170, 1173

SB 372--Alcoholic Beverages and Alcoholism; Sales; prohibitions of nude

and sexual conduct on premises .................................... 1029

SB 373--Law Enforcement Officers and Agencies; Criminal Records;

arrest records purged certain circumstances 1029, 1100, 1165, 1235, 1267

SB 374--Medical Malpractice; Arbitration of Claims for Damages;

procedures ....................................................... 1029

SB 375--Optometrists; Prescriptions; use of pharmaceutical agents

for occular diseases................................................ 1030

SB 376--Public Service Commission; Cogenerated Energy Facilities;

exemptions; transmission agreements................................ 1030

SB 377--Motor Vehicles and Traffic; Certificate of Titles; exclude vehicles

not sold for highway use.....................

1030, 1227, 1318

SB 378--Firearms and Weapons; Dealers; regulate pistol, revolvers' sales

1030

SB 379--Fulton County; Family and Children Services;

certain employee retirement options ................................ 1030

SB 380--Pike County; Ad Valorem Tax Returns;

continue in force ............................. 1093, 1229, 1231, 1554, 2289

SB 381--Whitfield County; Coroner; compensation;

deputy coroner appointment .................. 1093, 1229, 1231, 1554, 2289

SB 382--Powder Springs, City of; New Charter . . . . 1094, 1229, 1231, 2011, 2139, 2288

SB 383--Teachers Retirement; Military Service Credit;

requirements; limitations .......................................... 1094

SB 384--Cobb County; State Court; second division; judges;

compensation; retirement ..................... 1155, 1317, 1324, 1649, 2288

SB 385--Insurance; Health Insurance Pool Act; creation ...................... 1155

2306

JOURNAL OF THE SENATE

SB 386--Savannah, City of; Redevelopment Powers; referendum approval ......................... 1155, 1317, 1324, 1957, 2288
SB 387--Chatham County; Redevelopment Powers; referendum .................................. 1155, 1317, 1325, 2278, 2288
SB 388--Habeas Corpus; Clerk for Certain Judicial Circuits; minimum number of writs ......................................... 1155
SB 389--Towns County; Commissioner; compensation 1312, 1432, 1440, 2278, 2288 SB 390--Snellville, City of; Corporate Limits;
deannex certain property .......................... 1312, 1561, 1567, 1572, 1575, 2278, 2289
SB 391--Douglas County; Douglasville-Douglas County Water, Sewer Authority; members; liens............... 1312, 1432, 1440, 2278, 2289
SB 392--Pierce County; Tax Commissioner; office created ................................ 1368, 1561, 1567, 2278, 2289

INDEX

2307

Senate Resolutions

SR

1--General Assembly; Senate Rules; adopt ............................... 27

SR

2--General Assembly; Senate Convened; notify House, January 12, 1987 ... 28

SR

3--Senate; Officials, Employees and Committees; relative to .......... 29, 43, 45

SR

4--Guido Evangelistic Association, Inc.; commend ......................... 28

SR

5--Joint Session; General Assembly; Dr. Henry King Stanford,

UGA Interim President, address......................... 29, 77, 147

SR

6--Constitutional Amendments; Revenue Bills; certain

legislation originate either Senate or House...... ..... 42, 154, 180, 197, 209

SR

7--General Assembly; Election and Terms; members;

change to four-year term .......... 43, 177, 193, 233, 258, 1424, 1501, 1645,

1694, 1758, 2113, 2165, 2200, 2232, 2233, 2244

SR

8--State Government; Arts Development Fund;

create through legislation ....................... 43, 1036, 1102, 1171, 1199

SR

9--Napier, Viola Ross; Portrait in Capitol Building; authorize .......... 43, 190

SR 10--Adolescent Urine Drug Screen Program; Cobb County; commend ........ 45

SR 11--Property; Ad Valorem Tax; inventory assessment dates;

constitutional amendment. .......................... 43, 154, 180, 197, 210

SR 12--Murray County; C.W. Bradley Bridge;

designate over Holly Creek. ............... 43, 86, 100, 157, 167, 1367, 2288

SR 13--Colleges and Universities; Laboratory, Equipment,

Rehabilitation, Technology, Scholars Endowment

Study Committee .................................. 57, 828, 886, 982, 983

SR 14--Grand Juries; Investigative; Selection circuit-wide,

regional, state-wide.................................................. 57

SR 15--Correctional Officers' Week; recognize ................................. 59

SR 16--Governor; Election and Term of Office;

change to six years .................................. 58, 86, 100, 157, 168

SR 17--Milledgeville, City of; Convey State Property to

Baldwin County Home for Elderly, Inc. . . . 65, 309, 338, 365, 375, 1093, 2288

SR 18--Soil and Water Conservation Districts, 50th Anniversary; commend .... 68

SR 19--Savannah, City of; Convey State Property;

for White Bluff Road improvement ....... 65, 309, 338, 365, 376, 720, 2289

SR 20--Seatbelts; School Buses; create study committee . 65, 1098, 1165, 1235, 1268

SR 21--Controlled Substances; Drug Trafficking;

mandatory prison sentence; amend Constitution ................... 84, 230

SR 22--Grand Juries; Investigative; special trial districts,

judicial circuits; constitutional amendment ........... 84, 359, 399, 488, 554

SR 23--Constitutional Amendments; Arts Development Fund;

create, tax refund donations ........................ 84, 177, 193, 233, 260

SR 24--Villa Rica High School Football Team; commend ...................... 88

SR 25--Georgia Tree Farm System; commend................................. 69

SR 26--Death Penalty; Jurors; grand and trial; select from certain

geographic areas; constitutional amendment ........................... 84

SR 27--Penny, Donald; commend ............................................ 69

SR 28--Savannah, City of; Savannah Day At The Capitol; recognize ............ 88

SR 29--Barrett, Carl; Cherokee County; commend ............................. 89

SR 30--Filibusters Softball Team, Legislative Counsel; commend ............... 89

SR 31--Georgia Municipal Association; commend............................. 139

SR 32--Fowler, Wyche, U.S. Senator; commend ............................... 89

SR 33--Forestry; Commission; property transfer to

Clinch County Commission .......... 99, 190, 229, 284, 313, 318, 1093, 2288

SR 34--Athens Puppet Theatre Company; commend ......................... 182

SR 35--Rotary International District Governors; commend .................... 139

SR 36--Scouts; Girl Scout Gold Award Recipients; commend .................. 139

2308

JOURNAL OF THE SENATE

SR 37--Valdosta High School Football Team; commend .................. 139, 183

SR 38--Georgia Southern College; Eagles Football Team,

National Championship; commend ............................... 139, 851

SR 39--Russell, Erk; Georgia Southern College Coach; commend........... 140, 851

SR 40--Georgia Southern College; Eagles Football Team;

commend certain players ....................................... 140, 851

SR 41--Constitutional Amendments; Initiative Petition;

statutes, amendments enacted by people ............................. 152

SR 42--Randolph-Clay High School Boys Basketball Team; commend...... 140, 288

SR 43--McEachern High School Football Team; commend ................ 140, 370

SR 44--Constitutional Amendments; U.S.; call constitutional

convention, limit income tax state bonds ............................. 152

SR 45--Atlanta, City of; Underground Atlanta Project;

property lease; Plaza Park, Meat Row Strip

152, 309, 338, 365,

377, 1093, 1134, 2288

SR 46--University System; Academic Recognition Day; commend scholars

160

SR 47--Central High School Football Team; commend.................... 156, 183

SR 48--Jones, David, National 4-H Champion; commend ..................... 194

SR 49--Cleveland, Melanie, National 4-H Champion; commend ................ 194

SR 50--Piche, Philip, National 4-H Champion; commend ..................... 194

SR 51--Bowers, Maria, National 4-H Champion; commend .................... 194

SR 52--Wright, Devin, National 4-H Champion; commend .................... 194

SR 53--Wilkerson, Tammy, National 4-H Champion; commend

194

SR 54--Thaxton, Elise, National 4-H Champion; commend .................... 194

SR 55--Paradise, Melanie, National 4-H Champion; commend ................. 194

SR 56--Pannell, Leslie, National 4-H Champion; commend .................... 194

SR 57--Kennedy, Sean, National 4-H Champion; commend ................... 194

SR 58--Waters, Susan, National 4-H Champion; commend .................... 194

SR 59--Beasley, Julie, National 4-H Champion; commend ..................... 194

SR 60--Guthrie, Rochelle, National 4-H Champion; commend ................. 194

SR 61--Jernigan, Michael, National 4-H Champion; commend ................. 195

SR 62--Magnus, Ken, National 4-H Champion; commend ...................... 195

SR 63--Faircloth, Amy, National 4-H Champion; commend ................... 195

SR 64--Masters, Anita, National 4-H Champion; commend .................... 195

SR 65--Nicholls High School Math Team; commend ......................... 230

SR 66--Nobles, Daniel and Mrs.; 50th wedding anniversary ................... 230

SR 67--Georgia National Guard; commend .............................. 195, 268

SR 68--Firemen's Recognition Day; commend ................................ 230

SR 69--Rutland, Guy Walter, Jr.; condolences ........................... .... 276

SR 70--Arts; Residential High Schools Joint

Study Committee ...................... 269, 358, 400, 457, 463, 1651, 1729

SR 71--Diabetes Awareness Month; proclaim November .................. 230, 327

SR 72--Clarke Central High School; commend Coach Billy Henderson ......... 276

SR 73--Clarke Central High School Football Team; commend ................. 276

SR 74--Matthews, Robert Chappelle; condolences ............................ 276

SR 75--Medical Assistance; Long-Term Care; Medical Care

Foundation Joint Study Committee ................. 269, 827, 886, 982, 984

SR 76--Mauldin, Milton R. and Addie S. Mauldin; commend family ....

277

SR 77--Congress, U.S.; Constitutional Amendment;

ratify, compensate members, time-frame ............................. 269

SR 78--Education; Tuition Payment Alternatives Study

Committee; create............................. 269, 1100, 1165, 1235, 1269

SR 79--Commerce and Trade; Private Enterprise,

Government Competition, Joint Study Committee. 270, 417, 453, 488, 559

SR 80--Agriculture; Farm Bureau Day; proclaim ............................. 277

SR 81--Fuqua, Samuel G., Rear Admiral; condolences ........................ 277

SR 82--RJR Nabisco, Inc.; welcome to Cobb County ......................... 277

INDEX

2309

SR 83--Dunn, James W., DeKalb Chamber of Commerce; commend ........... 277 SR 84--Hemphill, Michael; Athens fireman, commend ........................ 322 SR 85--Cox, Cary Vinson; Sheriff of the Year; commend .................. 277, 339 SR 86--Constitutional Amendments; Appropriations;
supplementary; emergencies, voting procedure ........................ 304 SR 87--Duncan, Frances S.; State Elections Division; commend. ............... 314 SR 88--McCaysville Garden Club; commend ................. ................ 339 SR 89--Health Care Facilities, Hospitals; Emergency Care;
indigent, pregnant women; legal rights ............................... 330 SR 90--Burson, Benjamin Thomas, Jr.; condolences .......................... 310 SR 91--Music Industry; Study Committee; citizen's council . 330, 828, 886, 982, 985 SR 92--Property; Land Use Information System
Joint Study Committee ................. 330, 828, 886, 982, 985, 2199, 2200 SR 93--Robins Air Force Base; Museum of Aviation; commend ....... 339 SR 94--Lincoln County High School Football Team; commend ........... 339, 1117 SR 95--Arts; Citizens for the Arts; commend ................................ 339 SR 96--Gray, James H.; Albany; condolences ............................ 339, 390 SR 97--Huckaby, Walter; Douglas Parks and Recreation; commend ............ 362 SR 98--Adjournment; General Assembly; February 6 to February 9 ........ 385, 414 SR 99--Constitutional Amendments; Bonded Indebtedness;
no referendum; debt limitation; Atlanta 392, 769, 830, 892, 933, 1423, 2288 SR 100--Wigginton, Eliot, Georgia Teacher of Year; commend .................. 410 SR 101--Spellman, Stephen W., South Gwinnett High School; commend ... 424 SR 102--King Springs Parents Teachers Association; commend ................. 424 SR 103--Adjournment; General Assembly; February 9 to February 11 . . . 424, 432, 442 SR 104--Forestry; Incentives Program; private landowners;
urge Congress fund................................ 415, 479, 578, 630, 706 SR 105--Healan-Lawrence, Allison, 1986 GOAL Award; commend............... 453 SR 106--North Fulton County Incorporation Joint Study Commission ........... 447 SR 107--Ball, Marlesa, Miss Georgia; recognize ........................... 454, 547 SR 108--Wight Nurseries, Inc., Grady County; commend....................... 454 SR 109--Adoption; Study Committee, Joint; special needs,
foreign children .................... 474, 1037, 1102, 1170, 1174, 1703, 1712 SR 110--Holloway, Albert W., tribute to. ..................................... 457 SR 111--Alcorn, Mike; U.S. Jaycee President; commend ....................... 454 SR 112--Georgia Recreation and Park Society, Inc.; commend .................. 484 SR 113--Kirk, Paul G.; Democratic National Committee; commend ............. 484 SR 114--Agriculture; Tobacco Growers; poundage allotment
purchases; urge Congress enact ..................... 474, 728, 770, 837, 864 SR 115--Osborne High School Baseball Team; commend ....................... 484 SR 116--Washington-Wilkes High School Football Team; commend ........ 484, 1055 SR 117--Parents Without Partners Month; designate ......... 474, 828, 886, 982, 986 SR 118--Peacock, Donna, of Dodge County; commend ......................... 484 SR 119--Organ Donors; Transplants; access of state
residents, study committee ..................... 570, 1037, 1102, 1171, 1198 SR 120--Brunswick, City of; Natural Resources Coastal Office;
property exchange conveyance........... 570, 768, 830, 892, 912, 1554, 2289 SR 121--Cook County Middle School; commend........................... .... 484 SR 122--Browne, E. Broadus, Dr.; agriculture educator, condolences ............ 582 SR 123--Knapp, Charles B., Dr.; University of Georgia president ............... 582 SR 124--Blind Persons; Training in State Facilities;
study committee ............................. 570, 1036, 1102, 1171, 1216 SR 125--Handicapped Persons; Employment; severely disabled;
urge Governor create task force ........... 570, 1227, 1318, 1576, 1670, 1839 SR 126--Historic Preservation; Economic Development Benefits;
joint study committee .................. 570, 1100, 1165, 1235, 1270, 2207 SR 127--Fetko, Laura; commend .......................................... . . 582

2310

JOURNAL OF THE SENATE

SR 128--Peight, Scott John; commend ................................... .... 582 SR 129--Schools; Superintendents; education boards appoint;
amend Constitution ................................................ 619 SR 130--Insurance Commissioner; Amend Constitution; provide
for appointment by Governor ....................................... 619
SR 131--Governor; Labor Commissioner; appointment; constitutional amendment .......................................... 619
SR 132--Agriculture; Commissioner; appointment by Governor; amend Constitution ................................................ 619
SR 133--Adjournment; General Assembly; February 13 to February 16............................................. 602, 603, 608
SR 134--Gloster, Hugh M., Dr.; Morehouse College; commend .................. 627 SR 135--Rich's Academy, Alternative High School Program; commend .......... 627 SR 136--African Methodist Episcopal Church; recognize ....................... 627 SR 137--WTBS SuperStation and Ted Turner; commend ...................... 627 SR 138--Victims of Crime; Rights; procedures in
criminal investigations ......................... 722, 1036, 1102, 1171, 1204 SR 139--Petzen, Barbara; Rhodes Scholar; commend .......................... 730 SR 140--Looper, Benjamin Keith, Dr.; commend .............................. 730 SR 141--Townsend, Jimmy; Georgia author; commend ......................... 730 SR 142--Education; State School Superintendent; State Board appoint;
amend Constitution ................................................ 722 SR 143--Jackson, Lonnie; Columbus; commend ............................... 730 SR 144--Grand Juries; Study Committee; joint.......... 722, 828, 886, 982, 987, 1651 SR 145--Kahn, Roger F.; elect State Election
Board member.................................... 722, 768, 830, 892, 893 SR 146--Williams, Julian David and Mrs.; congratulate ........................ 730 SR 147--State Capitol; Park of Honor Joint Study Committee;
feasibility study. ..................... 765, 882, 973, 1112, 1117, 2199, 2215 SR 148--Mobley, John 0., Jr.; commend ..................................... 771 SR 149--Freeman, Robert R., Dr.; commend .................................. 771 SR 150--Carrollton High School Debate Team; commend ...................... 779 SR 151--Youth Art Month; encourage observance
in March ................................ 823, 1228, 1318, 1576, 1670, 1673 SR 152--Sentence; Criminal Cases; disparities; incarceration;
study committee ......................................... 823, 1162, 1230 SR 153--Cobb, Kyle T.; express tribute, condolences. .......................... 832 SR 154--Education; Teachers; faculty representation of
ethnic groups; encourage ....................... 823, 1036, 1102, 1171, 1181 SR 155--Stephens, Clay, Reverend; commend ................................. 832 SR 156--Martin, Charles C.; wishing speedy recovery .......................... 832 SR 157--Baldwin County; Property Conveyance; easement;
0.0. Banks and Marguerite Banks.................... 877, 970, 1038, 1112, 1136, 1423, 2288
SR 158--Education; Public School Employees; Ethics and Grievance Procedures Study Committee ......... 877, 1228, 1318, 1380, 1391
SR 159--Norton, Mercer Brim, Natural Resources Employee; retirement......................................................... 976
SR 160--Lindsey, Charles H., Georgia Telephone Association; commend ......................................................... 976
SR 161--Game and Fish; State Parks System Study Committee ............................ 1030, 1100, 1165, 1235, 1271
SR 162--Insurance; Rate Regulations Study Committee ............................ 1030, 1100, 1165, 1235, 1272
SR 163--Holloway, Albert W.; Albert 'Al' Holloway Labor Building; designate..................... 1031, 1100, 1165, 1235, 1273

INDEX

2311

SR 164--Rural Economic Development; encourage projects in economically depressed counties ................................. 1107
SR 165--Head Injury Treatment and Rehabilitation Study Committee ............................ 1094, 1228, 1318, 1380, 1393
SR 166--Miller, Zell, Lieutenant Governor; congratulations ................................................... 1075
SR 167--Local Government; Bonds; public facility subject voter approval; amend Constitution ................................. 1094
SR 168--McCain, Mrs. Don; Pilot Club International; commend ............... 1107 SR 169--Crook, Max W., ST.; Haralson County; commend ..................... 1107 SR 170--Youth Development Centers; Senate Study Committee;
authorize advisory committee ...................... 1155, 1317, 1372, 1576, 1670, 1840, 1860, 1865
SR 171--Newman, Melvin L.; commend ..................................... 1168 SR 172--Clayton County; Water Authority; commend ...................... 1168 SR 173--Casey, W.B. 'Bill'; commend ....................................... 1168 SR 174--Rural Economic Development;
Senate Study Committee ................ 1156, 1317, 1372, 1576, 1670, 1674 SR 175--Insurance; Health; state employee benefit plan;
Senate study committee ................. 1156, 1317, 1372, 1576, 1671, 1675 SR 176--Nursing and Personal Care Homes; Senate
Study Committee; create ................ 1156, 1317, 1373, 1576, 1671, 1676 SR 177--Talmadge, Herman E.; monument site
selection study committee. ............... 1223, 1317, 1373, 1576, 1671, 1677 SR 178--Agbango, George Akeya; commend .................................. 1231 SR 179--Hoag, Merritt; North Georgia College; commend ..................... 1231 SR 180--Seaton, George; Agriculture Department; commend ................... 1231 SR 181--Carter, Loran 'Sonny'; condolences ................................. 1231 SR 182--Contos, Larry; Hazlehurst civic leader; condolences................... 1231 SR 183--Carter, Stell; commend ............................................ 1231 SR 184--Homeless Persons; Special Committee to
study problems ................... 1312, 1372, 1433, 1576, 1671, 1678, 2279 SR 185--Sheriffs; Juvenile Law Enforcement Officers;
encourage additional training. ...... 1312, 1430, 1435, 1576, 1671, 1679 SR 186--Minors; Code Revision; committee to study;
authorize advisory committee ............ 1312, 1372, 1433, 1576, 1671, 1680 SR 187--Riley, John R.; express tribute and condolences ...................... 1323 SR 188--Lechmere, Inc.; commend .......................................... 1323 SR 189--Mervyn's Department Store; commend .............................. 1324 SR 190--King, Mike; Floyd County; commend ............................... 1324 SR 191--Freeman, Houston Lee; Floyd County; commend ..................... 1324 SR 192--Burnes, Harvey, Jr.; Floyd County; commend ........................ 1324 SR 193--Brazeal, Marvin E.; commend ...................................... 1324 SR 194--Georgia Nurses Foundation, Inc.; homeless clinic; commend ........... 1375 SR 195--Public Safety Department; State Patrol;
honoring 50th Anniversary ......................................... 1375 SR 196--Workers' Compensation; Rehabilitation;
committee to study services .............. 1368, 1432, 1436, 1576, 1671, 1681 SR 197--Abercrombie, E. L.; commend ...................................... 1440 SR 198--Atlanta University; commend ...................................... 1440 SR 199--Human Resources; State Board; urge Governor
appoint disabled person ...................... 1426, 1560, 1564, 1672, 1830 SR 200--Committees, Study; Transportation;
interim study committee ...................... 1426, 1560, 1564, 1860, 1865 SR 201--Michael, Herman C.; condolences ................................... 1440 SR 202--Love, J. Erskine, Jr.; condolences ................................... 1566 SR 203--McKelpin, Thelma Branch; commend ............................... 1566

2312

JOURNAL OF THE SENATE

SR 204--Merit System; Study Committee; job classification;

health care; incentives ........................ 1556, 1653, 1654, 1860, 1872

SR 205--Bertoli, Richard W.; commend ..................................... 1566

SR 206--Main, Frederick Thomas, Jr.; commend ............................. 1566

SR 207--McDuffie, Rita Bagwell; commend .................................. 1566

SR 208--Housing; Committee to study needs low and

moderate income citizens ..................... 1556, 1654, 1654, 1860, 1872

SR 209--Nail's Creek Baptist Church; commemorate bicentennial.............. 1656

SR 210--Hart County High School Band; commend .......................... 1656

SR 211--Georgia Automobile Dealers Association; commend ................... 1656

SR 212--Scott, Robert Lee, Jr., General; commend

1673

SR 213--Ravenwood Academy Girls Basketball Team; commend ............... 1656

SR 214--Westwood High School Boys Basketball Team; commend

1656

SR 215--Ravenwood Academy Girls Basketball Team; commend

1656

SR 216--Jowers, Johnny Wayne, and Mrs.; congratulate ...................... 1851

SR 217--Davison, Fred C., Dr., former UGA President; commend .............. 1851

SR 218--Knight, Charles L.; commend ...................................... 1851

SR 219--Isakson, Dianne; commend ......................................... 1851

SR 220--Hotels and Motels; Franchise Agreements; committee to study

1850

SR 221--Continuum's New Life/Mother-to-Mother Project; commend

1851

SR 222--Norman, Moses Conrad, Dr.; commend.............................. 1851

SR 223--Adjournment; General Assembly; March 10 to March 12 ......... 1846, 1891

SR 224--Southern Bell Telephone Center; express appreciation ................ 1851

SR 225--King, Barbara, Dr.; commend ...................................... 1852

SR 226--Collins, Preston Milo; commend .................................... 2160

SR 227--Richardson, Spurgeon; Six Flags Over Georgia; commend ............. 2214

SR 228--deVegter, Michael S.; recognize ..................................... 2174

SR 229--Fabian, Evelyn Sisk; commend ..................................... 2214

SR 230--Slosheye Trail Big Pig Jig; state BBQ cooking contest................ 2214

SR 231--Tate, Virginia C. Barnett; commend ................................ 2214

SR 232--Coffee Junior High School Band; commend.......................... 2214

SR 233--AT&T Employees, formerly Western Electric; relative to

2214

SR 234--Motion Picture Association; movie ratings ........................... 2214

SR 235--Meadows, Melly; 'Gone With the Wind' characterization .............. 2214

SR 236--Seminole County High School Basketball Team; commend ............ 2036

SR 237--Jackson, Donald; honor memory .................................... 2214

SR 238--Pettit, Joseph Mayo, Dr.; condolences............................... 2214

SR 239--Senate; Research Office; Legislative Counsel; commend ............... 2214

SR 240--Adjournment; General Assembly;

sine die March 12 ................................. 2217, 2232, 2242, 2289

SR 241--Rainbow House in Warner Robins; commend ........................ 2215

INDEX

2313

PART II

HOUSE BILLS AND RESOLUTIONS

HB

1--Civil Practice; Tort Reform Act of 1987;

comprehensive revision ......... .61, 65, 451, 481, 836, 852, 856, 874,

907, 938, 940, 952

HB 2--Appropriations and Fiscal Affairs; Supplemental Appropriations;

FY 6-30-87; 'Fast Track'; certain agencies, bonds, capital

outlay ............................... .61, 65, 177, 193, 233, 235, 249, 257,

262, 1647, 1713, 1849

HB 3--Tallapoosa Judicial Circuit; Superior Court; change

terms in Haralson, Paulding, Polk Counties ....... 76, 84, 154, 180, 197, 211

HB 6--Game and Fish; Fishing; designate free days residents

fish without license. ......................... 612, 619, 883, 973, 1112, 1118

HB 7--Game and Fish; Fish Farms, Hatcheries; agricultural

pursuits; define; licensure ............................ 215, 219, 1560, 1561

HB 9--Athletics; Boxing and Wrestling; create state commission

to regulate ........................................... 325, 330, 882, 973

HB 10--Emergency Medical Services; Indemnification;

medical technicians killed, disabled on duty .................... 1154, 1156,

1316, 1373, 1576, 1611, 1743, 1755, 1916, 2019, 2279

HB 11--Employment Security Law; Wages; administrative

assessment on contributions; new employers ................. 172, 175, 359,

400, 488, 553

HB 12--Schools; Immunization; transfer students; waivers,

change time period ............................ 216, 220, 397, 419, 892, 944

HB 13--Crisp County; Crisp County-Cordele Industrial

Development Authority; continue ......................... 60, 67, 178, 182

HB 16--Magistrate Courts; Fees; writs of execution;

submit to superior court clerks ................... 60, 66, 359, 400, 892, 913

HB 17--Penal Institutions; Inmates; jails; unlawful possession

of drugs, weapons, alcohol ................ 170, 175, 1100, 1165, 1235, 1278,

1414, 1416, 1425, 1502, 1826, 2280

HB 18--Living Wills; Revocation Provisions; withhold

life-sustaining procedures ........................ 60, 66, 359, 400, 892, 929

HB 19--Supreme Court; Justices; consist of

seven justices ................................... 60, 66, 451, 481, 837, 865

HB 20--Economic Development Council;

repealed................................. 171, 175, 478, 578, 734, 744, 964

HB 21--Telephones, Telegraph Service; Rural Telephone

Cooperatives; incorporation filing fees ................... 471, 474, 768, 830,

892, 928

HB 22--Controlled Substances; Marijuana; unlawful production

shall be a felony ...................................... 171, 175, 451, 481

HB 23--Code of Georgia; Revisions; correction of

errors and omissions ....................... 76, 85, 154, 180, 197, 233, 234

HB 25--Superior Courts; Judges; election by judicial

circuit electors ................................ 149, 152, 451, 482, 774, 808

HB 26--Code of Georgia; Elections; Title 21;

revisions, corrections ....................... 76, 85, 154, 180, 197, 233, 234

HB 27--District Attorneys; Investigators; judicial circuits;

appointment; qualifications .......... 719, 722, 1100, 1165, 1330, 1342, 1414,

1531, 1611, 1628, 2032, 2280

2314

JOURNAL OF THE SENATE

HB 28--Corporations, Partnerships and Associations;

Filing Fees; articles of incorporation; Code cross references ...... 60, 66,

451, 482, 1112, 1134

HB 29--Torts; Product Liability; negligence claims,

ten-year first sale limit .............................. 214, 220, 1653, 1654,

1861, 1895, 2284

HB 30--Motor Vehicles and Traffic; Traffic Offenses; jury trials;

limit withdrawal of waiver

..... 61, 66, 479, 578, 630, 704

HB 31--Corporations, Partnerships and Associations;

Partnerships; may sue or be sued; garnishment judgments ......... 96, 99,

1228, 1318, 1444, 1548

HB 33--Crimes and Offenses; Felonies; against

juvenile victims ......... 96, 99, 189, 229, 284, 313, 319, 472

HB 35--Bail; Appearance Bonds; forfeiture procedures;

surety liability ...................................... 820, 823, 1431, 1439,

1575, 1577, 1757, 1816

HB 37--Controlled Substances; DUI; violations; federal, local

ordinances, current or prior laws ................................ 149, 152

HB 38--Dieticians and Dietetic Counselors; Licensure; requirements;

delete exception from internship........................ 215, 220, 397, 419,

836, 857

HB 43--Telemarketing; Automatic Dialing, Announcing Equipment;

regulations, penalties ........... 61, 66, 882, 973, 1044, 1070, 1222,

1246, 1349, 1361, 1935, 2280

HB 44--Gwinnett Judicial Circuit; Create Fifth Judgeship;

provide for presiding judge. .................... 215, 220, 479, 578, 836, 845

HB 45--Bonds; Local Government Investment Pool;

proceeds ..................................... 354, 356, 417, 453, 837, 862

HB 47--Evidence; Criminal Cases; GBI Scientific Reports;

statements to police ................................... 171, 176, 624, 729

HB 48--State Agencies; Internal Investigations; limit public

inspection, certain reports ............................... 1220, 1223, 1431

HB 55--Aliens; Estate Administrators; residency

requirements ............................. 444, 448, 1037, 1102, 1862, 1904

HB 56--Consumer Protection; Buying Services; membership contracts;

cancellations; violations .................... 301, 305, 1227, 1318, 1860, 1905

HB 63--Georgia Southwestern College; Motor Vehicle License

Plates; commemorative issuance ............................ 354, 356, 452,

482, 629, 630

HB 64--Americus, City of; Americus-Sumter Payroll Development

Authority; continue ..................................... 61, 67, 191, 195

HB 66--Annexation; Municipalities; prior county approval;

change population brackets ............................ 265, 270, 575, 625

HB 67--Agnes Scott College; Motor Vehicle License Plates;

commemorative issuance ....................... 389, 393, 452, 482, 629, 631

HB 68--Municipal Courts; Clerks; disbursement of fines

and traffic report fees .......................................... 185, 188

HB 69--Property; Unclaimed Property Act; Family and

Children Services' clients .................. 567, 570, 1227, 1318, 1380, 1385

HB 70--Insurance; Motor Vehicle; proof; license suspensions;

uninsured vehicles ............... 185, 188, 478, 578, 774, 780, 836, 842, 964

HB 72--Motorcycles; Insurance; operators, proof in

immediate possession ................. 567, 571, 971, 1038, 1112, 1119, 1222

HB 73--Product Liability; Food; donors or agricultural gleaners

to nonprofit organizations.............................. 171, 176, 768, 830,

892, 918, 1029

INDEX

2315

HB 74--Controlled Substances; Forfeited Money or Property; local government use of proceeds .................................. 96, 99
HB 76--Bad Checks; Magistrate Courts; misdemeanor violation; trial procedures ............................ 267, 270, 883, 973, 1380, 1410, 1445, 1575, 1609, 1848
HB 78--Chatham County; compensation of certain officials ............................ 61, 67, 480, 485, 486, 487, 613
HB 79--Chatham County; Magistrate Court; appointment of additional magistrates.......... 61, 67, 729, 731, 732, 733, 821, 852, 952, 997, 1142, 1153
HB 80--Metropolitan Area Planning and Development Commissions; annual per resident populous assessments .............. 820, 824, 971, 1038, 1171, 1209
HB 82--Natural Resources; Youth Conservation Corps; establish; create advisory council ................... 374, 479, 578, 630, 733, 740, 965
HB 87--Estate Tax; Revise Code; incorporate provisions of federal law ..................... 612, 620, 826, 886, 1044, 1077, 1154, 1176, 1223, 1247, 1506, 1556
HB 92--Inmates; Communicable Disease Transmission; medical examinations and tests .................. 444, 448, 767, 830, 892, 910, 1029
HB 94--Coroners; Training Council; membership; curriculum advisory committee............... 216, 220, 478, 579, 774, 809, 836, 867, 965
HB 99--Battery; Simple; against elderly persons; penalties ............................... 1026, 1031, 1099, 1166, 1330, 1342
HB 105--Motor Vehicles and Traffic; License Plates; staggered registration periods; late penalty.......... 76, 85, 178, 193, 234, 261
HB 107--Health; Blood Tests; disease testing for AIDS; disclosure restrictions.......... 962, 966, 1559, 1564, 1672, 1746, 1915, 1934, 1959, 2182, 2266, 2280
HB 108--Real Estate; Brokers, Salespersons; education; certain licensing; commissions ................. 389, 393, 882, 974, 1112, 1123, 1222
HB 109--Jenkins County; Board of Education; compensation; expense reimbursement .......... 76, 85, 178, 182
HB 112--Chattahoochee County; Motor Vehicle Registration; staggered tag sales ...................................... 76, 85, 178, 182
HB 113--Zoning; Rezoning; disclosure; financial interest, local officials................................................... 217, 220
HB 117--Courts; Arraignment and Trial; notice of arraignment date ................................................. 185, 188, 769, 830
HB 121--Tax Collector, Commissioners; Office Records; certain material subject to public inspection .................... 171, 176, 359, 400, 488, 586, 607
HB 122--Decatur County; Board of Education; compensation; expense allowances .................... 77, 85, 769, 771
HB 123--Decatur County; State Court; judge; solicitor; compensation ..................... 77, 85, 769, 772
HB 125--Dentists and Dental Hygienists; Licensure; sedation; anesthesia; reports; dental assistants ....... 215, 221, 397, 419, 488, 585, 606
HB 126--General Assembly; Disruptive Conduct; during Session, meetings; weapons in Capitol. ...... 1153, 1156, 1227, 1318, 1380, 1381, 1848
HB 127--Law Enforcement Officers and Agencies; Witness Fees; civil cases ........................... 215, 221, 335, 361, 404, 426, 439, 472
HB 131--Penal Institutions; Jailers; oaths; sworn to sheriffs .............................. 301, 305, 729, 770, 836, 840
HB 132--Boilers and Pressure Vessel Safety Act; Inspections; special investigators; limit liability of State ............... 1092, 1094, 1227, 1319, 1380, 1384

2316

JOURNAL OF THE SENATE

HB 133--Health Care Facilities, Hospitals; Medical Records; release to out of state coroner; subpoenas .................. 266, 270, 1227, 1319, 1444, 1544
HB 134--Crisp County; Cordele-Crisp County School System; merger; continue in force ................................ 77, 86, 178, 182
HB 135--Psychologists; licensing requirements............ 216, 221, 397, 420, 837, 863
HB 138--Burke County; State Court; fees charged, collected by clerk ....................................... 77, 86, 178, 182
HB 141--Parent and Child; Child Custody Interference; expiration legal visitation period................ 266, 270, 1035, 1102, 1171, 1211, 1426
HB 142--Tobacco Products; Sales to Minors; purchase by minors; signs; vending machines ............. 719, 723, 1099, 1166, 1381, 1395, 1849
HB 148--Rural Economic Development Law; Planning and Development; define state agencies ............. 265, 270, 575, 626, 892, 894
HB 149--Tifton, City of; Municipal Court; change name from Recorder's Court; fines ................................ 148, 153, 226, 231
HB 150--Tifton, City of; Homestead Exemption; ad valorem taxes; referendum ..................................... 148, 153, 226, 231
HB 153--Oglethorpe County; Tax Commissioner; annual salary . . . . 148, 153, 226, 231 HB 154--State Properties Commission; Citizen Members;
expense allowance, travel cost reimbursement............ 301, 305, 479, 579, 836, 845
HB 155--Juries; Jury Lists; selection; federal property population within county .................. 185, 188, 1431, 1436, 1861, 1880
HB 156--Douglas County; Douglas-Coffee County Industrial Authority; continue in force ............................ 148, 153, 226, 231
HB 159--Motor Vehicles and Traffic; Certificate of Title; rebuilt, salvage vehicles; inspections. .............. .325, 330, 882, 974, 1112, 1144, 1610, 1711
HB 160--License Plates; Special; bicentennial; no renewal after December 31, 1989 .................. 217, 221, 335, 361, 404, 426, 440
HB 162--Motor Vehicles and Traffic; Van-Type Vehicles; transport passengers for hire; license fees................ 217, 221, 335, 361, 404, 426, 441
HB 165--Elections; Candidate Vacancies; death or disqualification after nomination .................... 389, 393, 1036, 1103, 1171, 1200, 1425
HB 166--Motor Vehicles and Traffic; Cruising; criminal trespass; merchant parking areas .................... 413, 415, 1098, 1166, 1235, 1275
HB 169--Controlled Substances; Dangerous Drugs; lists; dispensing drugs, withhold information.................. 444, 448, 478, 579, 836, 843, 939, 1000, 1056, 1114, 2161, 2280
HB 170--Trucks; Tractor-SemiTrailers; length limitations; roadway designations ........................ 1152, 1156, 1432, 1436, 1672, 1827, 1915, 1931, 2037
HB 171--Marietta, City of; Corporate Limits; deannex and exclude certain property ............................. 148, 153, 1317, 1325
HB 172--Bumper Stickers; motor vehicles; prohibit profane, lewd words ....................................... 1283, 1301, 1431, 1436
HB 177--Ambulances; Emergency Medical Technicians; number required; driver training ................................ 718, 723
HB 178--Audits; Local Governments; alternative financial reports ....................................... 266, 271, 575, 626, 734, 753
HB 180--Alcoholic Beverages and Alcoholism; Wines; excise tax exemption; certain alcohol content.............................. 409, 1035, 1103, 1170, 1174

INDEX

2317

HB 182--Griffin Judicial Circuit; Superior Court; additional judge .............................. 266, 271, 451, 482, 836, 851
HB 183--Juries; Lists; selection; trial, grand jurors; increase number names drawn ................. 149, 152, 451, 482, 892, 931
HB 184--Elections; Municipal; procedures; when all seats vacant .................................. 266, 271, 575, 626, 774, 798
HB 185--Elections; Candidates; qualifications; appeals; qualifying fees, dates .................................. 217, 221, 335, 361, 404, 426, 457, 458, 614, 1246, 1399, 1415, 1960, 2121, 2165, 2186, 2216, 2247, 2281
HB 187--Elections; Ethics in Government Act; revisions; State Ethics Commission ............................ 568, 571, 1036, 1103, 1171, 1212, 1235, 1285, 1425
HB 188--Revenue and Taxation; Tax Collectors; local taxes; judgment actions against nonresidents ...................... 217, 221, 336, 361, 404, 426, 457, 459
HB 189--Sexual Offenses; Child Molestation, Aggravated; redefine; mandatory sentence............. 1274, 1301, 1430, 1436, 1861, 1899
HB 190--Elections; List of Electors; filing clerk of superior court repealed ........................... 170, 176, 226, 276, 313, 342, 347
HB 191--Sales Tax; Special Purpose County; expand projects; reimposition; prohibitions ................................. 718, 723, 1035, 1103, 1171, 1182, 1238, 1246, 1832, 1834
HB 193--State Employees; Jekyll Island-State Park Authority; hourly paid; exclude state health insurance and retirement plans .............................. 301, 305, 1228, 1319, 1445, 1672, 1825
HB 194--Insurance; Policy Application Fees; automobile, property, casualty ............................................ 1243, 1244
HB 197--Minors; Harmful Materials; sale or distribution to; parental consent .................... 820, 824, 1432, 1439, 1576, 1629, 2284
HB 198--Video Movies; Ratings; require display on cover; penalties ...................... 217, 222, 1228, 1319, 1331, 1402, 1652, 1730
HB 201--Fair Business Practices Act; Promotional Giveaway Contests; regulation ................. 388, 393, 1227, 1319, 1860, 1906, 2285
HB 202--Elections; Municipal; uniform election date; biennial elections; terms ...................................... 873, 877, 977, 1036, 1103, 1170, 1177, 1198, 1425
HB 203--Minors; Homicide of a Child; judgments; apportionment between parents .............................. 265, 271, 451, 482, 774, 779
HB 205--Bleckley County; Board of Education; elections; continue in force...................................... 149, 153, 226, 231
HB 206--Bleckley County; Commissioner; compensation ........... 149, 153, 226, 232 HB 207--Bleckley County; Board of Education; nonpartisan
elections; referendum .................................. 149, 154, 226, 232 HB 208--Bleckley County; Bleckley-Cochran Industrial
Development Authority; continue in force ............................ 149, 154, 226, 232
HB 209--Corporations, Partnerships and Associations; Railroads; officers; standards of care; indemnification; liability ...... 267, 271, 768, 831, 983, 1005, 1044, 1046, 1222, 1253, 1399, 1404, 1618, 1652
HB 210--Corporations, Partnerships and Associations; Corporate Names; reservation periods; filing fees; confirmations. ..................... 218, 222, 478, 579, 892, 920
HB 211--Perry City of; Redevelopment Powers; referendum ....... 170, 176, 226, 232 HB 212--Superior Courts; Judges Council; Administrative
Services contracts ......................... 612, 620, 1035, 1103, 1170, 1176

2318

JOURNAL OF THE SENATE

HB 218--Emergency Telephone Number '911' Service; maintenance fees............................................... 388, 393
HB 222--Trademarks, Service Marks; registration filing fees ............. 266, 271, 1037, 1103, 1445, 1861, 1884
HB 224--Civil Actions; Judgments; motion to set aside; lack of jurisdiction over person .................. 1027, 1031, 1228, 1319, 1445, 1551
HB 225--Appropriations and Fiscal Affairs; Supplemental Appropriations; FY 1986-87 ........................ 390, 393, 417, 453, 488, 491, 563, 569, 588, 599, 637, 720, 1088
HB 226--Appropriations and Fiscal Affairs; Appropriations; general FY 1987-88 ......................... 1093, 1094, 1316, 1373, 1444, 1449, 1542, 1556, 1577, 1606, 1608, 1767, 1849
HB 232--Probation; State-wide System; certain populated counties become part of ................. 1219, 1223, 1558, 1564, 1861, 1889
HB 234--Divorce; Uncontested Cases; evidentiary hearings; motion to set aside.......................... 218, 222, 884, 974, 1044, 1067
HB 236--Fulton County; School System Employees; retirement and pension fund; continue ................................ 353, 357, 884, 889
HB 237--Fulton County; Board of Education; temporary loans; continue in force .................................... 565, 572, 1432, 1440
HB 239--Boats; Accident Reports; numbering; flotation devices; engine exhaust.............................. 718, 723, 883, 974, 1331, 1355
HB 241--Banking and Finance; Post-Judgment Interest; automatic applicability ........................ 326, 330, 478, 579, 774, 811
HB 243--MARTA; Construction; authorize certain revenue, Phases D and E ...................................... 185, 188, 275, 282
HB 244--Controlled Substances; Money, Property, Proceeds; seized; use by law enforcement agency ............. 612, 620, 1036, 1103, 1235, 1280
HB 245--Workers' Compensation; Local Public Authorities; self-insurance funds; excess insurance ............... 444, 448, 484, 1099, 1166, 1330, 1338
HB 246--Insurance; Interlocal Risk Management Agencies; definitions; excess insurance................ 444, 448, 1099, 1166, 1330, 1345
HB 247--Schools; Employees; retirees; health insurance coverage, dependents .................... 1153, 1156, 1653, 1654, 1861, 1881
HB 249--Murder; Drug Trafficking; related conviction; death penalty procedures ............................................. 266, 271
HB 250--Controlled Substances; Forfeiture; drug enforcement; local government use of money ......................... 267, 272, 575, 626
HB 255--Health Care Facilities, Hospitals; Annual Reports to Health Planning Agency ................ 720, 723, 1227, 1319, 1444, 1529
HB 257--Oglethorpe County; Board of Commissions; District 1, change description .................................... 170, 176, 275, 283
HB 258--Speech-Language Pathology and Audiology; Licensing Act....................... 762, 765, 1227, 1319, 1671, 1737, 2286
HB 259--Lowndes County; School Superintendent; appointment; referendum ........................................... 170, 177, 191, 195
HB 260--Cuthbert, City of; Property Conveyance; to Franchise Enterprises, Inc.; street closure ......................... 170, 177, 226, 232
HB 261--Natural Resources; Conservation Ranger; wildlife technicians; retirees; retain weapons ........................ 354, 357, 1162
HB 263--Petroleum Products; Dealership Franchises; trial period; designated family members ................. 1220, 1223, 1371, 1433, 1576, 1644, 1672, 1838, 2286
HB 264--Courts; Trials; demand for trial; noncapital cases..................................... 267, 272, 1037, 1104, 1331, 1353
HB 265--Shoplifting; Municipal Courts; jurisdiction; penalties ............................ 267, 272, 336, 361, 404, 426, 457, 460

INDEX

2319

HB 266--Driver's License; Habitual Violators; suspension;

notices to PSD; point reduction ........................... 216, 222, 1037,

1104, 1235, 1281, 1331, 1356, 1849

HB 267--Education; Vocational-Technical; postsecondary schools;

employee benefits; compensation; establish state board; local

boards ................................ 1152, 1156, 1316, 1373, 1444, 1548,

1577, 1671, 1703

HB 269--Cosmetology; Services for Disabled Clients; state board

regulate ................................. 874, 877, 1371, 1433, 1575, 1602,

1743, 1758, 1916, 1934, 2284

HB 271--Brunswick Judicial Circuit; Superior Court; additional

judge ........................................ 267, 272, 451, 483, 734, 749

HB 275--Fulton County; Magistrate Court; fees for volunteer

legal service agencies ......................... 567, 571, 769, 831, 983, 1021

HB 276--Roswell, City of; Corporate Limits ...................... 386, 394, 884, 889

HB 277--Teachers Retirement; Contributions; accumulated;

employer; membership retention ........ 567, 571, 883, 974, 1330, 1333, 1422

HB 279--Code of Georgia; Retirement; Title 47; revisions,

corrections .................................. 302, 305, 359, 400, 983, 1003

HB 283--Banking and Finance; Credit Unions; liability of

directors; equity capital investment .............................. 186, 188

HB 284--Fulton County; Homestead Exemption; residents 70 or

older; disabled; referendum ............................ 353, 357, 884, 889

HB 285--Iron City, Town of; New Charter; incorporation

.... 213, 223, 336, 340

HB 286--Quitman County; Treasurer; office abolished ............. 213, 223, 336, 340

HB 287--Quitman County; Treasurer; repeal compensation

Act .................................................. 213, 223, 336, 340

HB 288--Quitman County; Board of Commissioners; clerk;

duties................................................ 213, 223, 336, 340

HB 289--Alcoholic Beverages and Alcoholism; Minors; selling or

furnishing; municipal court jurisdiction ............... 354, 357, 1098, 1166,

1330, 1361, 1381, 1407, 1445, 1575, 1593, 1734,

1816, 1954, 2001, 2162, 2280

HB 290--Motor Vehicles and Traffic; Juvenile Offenses;

unlicensed drivers; juvenile court jurisdiction ................... 1027, 1031,

1227, 1320, 1444, 1531, 1644, 1755, 1953, 2001

HB 291--Property; Transportable Housing; mobile homes,

trailers; dispossessory proceedings ......... 326, 331, 478, 579, 837, 858, 859,

869, 893, 940

HB 292--Motor Vehicles and Traffic; Trucks; dump or transit

mixer vehicles; definitions.......................... 409, 452, 483, 630, 704

HB 293--Warner Robins, City of; Mayor and Council; composition;

terms; oaths; vacancies ................................ 213, 223, 336, 340

HB 294--Public Safety Department; Training Center; State

Patrol vehicles; security police force ............... 302, 305, 729, 770, 1672,

1744, 1860, 1862, 2284

HB 295--Morgan County; Industry Promotion; tax levy;

continue in force ...................................... 213, 223, 336, 340

HB 296--Oconee County; Industrial Development Authority;

continue in force ...................... 213, 223, 360, 363

HB 297--Libraries; Records; confidentiality; disclosure

exceptions; immunity ...................... 568, 571, 1037, 1104, 1330, 1339

HB 298--Pike County; Water and Sewerage Authority;

create ................................................ 214, 223, 336, 340

HB 300--Auctioneers; Registration; companies; fees; licensure;

local government regulation .................. 413, 415, 882, 974, 1044, 1050

2320

JOURNAL OF THE SENATE

HB 302--Alimony; Enforcement and Collection; procedures; extensive revision ................... 445, 448, 1100, 1166, 1331, 1349, 1425
HB 303--Agriculture; Agrirama Development Authority; travel expense reimbursement ...................... 1220, 1224, 1430, 1436, 1575, 1602, 1672, 1835
HB 304--Southern Judicial Circuit; Superior Court; supplement to judge's compensation ....................... 302, 305, 478, 579, 734, 743
HB 307--Colleges and Universities; Private Colleges and Universities Authority; members; compensation; disposition of funds ........................................ 217, 222, 308, 338, 365, 378
HB 308--Boats; Marine Toilets; water pollution regulations; sewage; prohibitions ............................................ 873, 877
HB 309--Housing Authorities; Housing Projects; private enterprise management; bond sales ........................ 469, 474, 1227, 1320, 1380, 1383
HB 310--Libraries, Librarians; State Certification Board; composition; extend to 1993............... 218, 222, 339, 478, 579, 734, 757
HB 311--Hotels and Motels; Smoke Detectors; require in buildings with sleeping accommodations ............. 1152, 1157, 1371, 1433
HB 312--Crime Information Center; Criminal History Records; dissemination; conditions; exclusions ................ 445, 449, 729, 770, 983, 1002, 1044, 1086, 1653
HB 316--McDuffie County; Board of Education; elections; school superintendent; continue in force ....................... 214, 223, 452, 454
HB 317--Dearing, Town of; Mayor and Council; terms .... 214, 224, 336, 340 HB 319--Jasper, City of; Industrial Development Authority;
continue in force...................................... 214, 224, 309, 311 HB 320--Cherokee County; Development Authority;
continue in force ...................................... 214, 224, 309, 311
HB 321--Cherokee County; Fire Protection and Sewerage Districts; continue in force ............................. 214, 224, 309, 311
HB 322--Cherokee County; Airport Authority; continue in force 214, 224, 309, 311 HB 323--Cherokee County; Board of Education; continue in
force; merger ......................................... 214, 224, 309, 312 HB 324--Pickens County; Board of Education; elections;
continue in force...................................... 215, 224, 309, 312
HB 325--Cherokee County; Motor Vehicle Registration; staggered tag sales .................................... 215, 225, 309, 312
HB 326--Natural Resources; Waterfowl Stamp Fund; establish ..................................... 388, 394, 479, 580, 774, 813
HB 327--Agriculture; Ad Valorem Tax; preferential assessment; penalties; ownership changes ..... 1152, 1157, 1558, 1561, 1861, 1900, 2286
HB 328--Gasoline; Municipal Gas Authority of Georgia; creation .................................... 471, 475, 882, 974, 1044, 1077
HB 332--Powder Springs, City of; Downtown Development Authority; continue in force .......................... 215, 225, 1432, 1441
HB 333--Powder Springs, City of; Downtown Development Authority; membership; terms; residency .............. 216, 225, 1432, 1441
HB 335--Alcoholic Beverages and Alcoholism; Retail Dealers; distilled spirits; trade name signs ..................... 612, 620, 826, 886, 1171, 1215
HB 338--Superior Courts; Judges; law libraries; court funding fees........................... 326, 331, 478, 580, 774, 836, 840
HB 342--Workers' Compensation; Counties; governing authority members; coverage ........................ 762, 765, 1227, 1320, 1380, 1394
HB 343--Magistrate Courts; Magistrates, Solicitors; carry pistols in public buildings................. 267, 272, 452, 483, 734, 752, 821

INDEX

2321

HB 344--Health; County Boards; membership;

appointments ............................. 470, 475, 1099, 1167, 1235, 1276

HB 347--License Plates; Special; POW civilians; Pearl Harbor

veterans; State Defense Force, certain National Guard members

1153,

1157, 1229, 1320, 1381, 1405

HB 349--Dublin, City of; Corporate Limits .................. 1364, 1368, 1654, 1658

HB 350--Paulding County; Industrial Building Authority;

continue in force ...................................... 216, 225, 336, 341

HB 351--Paulding County; Civil Service System;

continue in force ...................................... 216, 225, 336, 341

HB 352--Dallas, City of; Mayor; term of office ................... 216, 225, 336, 341

HB 353--Dallas, City of; Corporate Limits; remove

certain territory....................................... 216, 225, 336, 341

HB 354--Retirement and Pensions; Public Retirement Systems;

reduction in cost amendments; actuarial investigations; fiscal impact;

concurrent funding .......................... 445, 449, 883, 974, 1044, 1068

HB 355--Retirement and Pensions; Firemen's Pension Fund;

membership; reinstatement conditions; disability waivers; fire insurance

companies premium taxes

612, 620, 883, 975, 1044, 1075

HB 361--Wilcox County; Board of Education; elections;

continue in force ...................................... 264, 273, 360, 363

HB 362--Franklin County; Industrial Building Authority;

continue in force ...................................... 264, 273, 360, 363

HB 363--Richmond County; Ad Valorem Tax; early payment

discounts; continue in force .......................... 264, 273, 1229, 1231

HB 365--Firearms and Weapons; Possession; during commission of

a crime; arm's reach; clarify .... 612, 620, 827, 887, 1444, 1545, 1651

HB 366--Troup County; Board of Education; compensation........ 264, 273, 360, 363

HB 368--Lilburn, City of; Mayor and Council; vacancies;

appointments ......................................... 264, 273, 360, 363

HB 369--General Assembly; Lawyers; members; right to practice law ........ 445, 449

HB 370--Decatur, City of; Bonds; off-street parking;

continue in force.................................... 264, 273, 1372, 1376

HB 372--Gainesville, City of; Independent School District;

homestead exemption; referendum .................... 610, 621, 1037, 1040

HB 373--Decatur, City of; Corporate Limits.................... 265, 274, 1372, 1376

HB 376--Retirement and Pensions; Public Retirement Systems;

beneficiary designation changes; spouses........................ 1220, 1224

HB 377--Solicitors; State Courts; residency

requirements ................................. 326, 331, 478, 580, 892, 932

HB 378--Legislative Counsel; Election by Legislative

Services Committee ......................... 302, 306, 768, 831, 1044, 1082

HB 380--Motor Vehicles and Traffic; Emission Inspection;

station fees; administrative fees .................... 409, 452, 483, 774, 778,

858, 916, 939, 951, 1029, 1539

HB 383--Geologists; Regulation; certificates; board;

termination date ............................ 471, 475, 883, 975, 1112, 1127

HB 386--Jones County; Magistrate Court; probate court judge as

chief magistrate; personnel.................... 265, 274, 480, 485, 486, 487,

614, 862, 874, 875

HB 387--Legislative Services; Audits; financial practices;

minutes of meetings .............. 567, 571, 1559, 1562, 1860, 1875, 1915,

1934, 2026, 2113, 2222, 2233, 2281

HB 388--Floyd County; Bonds; schools beyond twelfth grade; tax levy;

continue in force ...................................... 265, 274, 360, 363

HB 389--Floyd County; Board of Education; districts; school

superintendent; continue in force ....................... 265, 274, 360, 364

2322

JOURNAL OF THE SENATE

HB 390--Floyd County; Juvenile Court; judge; continue in force ................................................. 265, 274, 360, 364
HB 395--Barrow County; School System; creation; continue in force ...................................... 300, 306, 397, 401
HB 396--Barrow County; Industrial Building Authority; continue in force...................................... 300, 307, 397, 402
HB 398--Magistrate Courts; Clerks; education qualification; no residency requirement .................... 326, 331, 478, 580, 1044, 1081
HB 399--Motor Vehicles and Traffic; Trucks; equipped over 6-wheels; traffic lanes; minimum speeds .......................... 490, 769, 831, 892, 906, 1028
HB 400--Fitzgerald, City of; Industry Promotion; authority levy tax; continue in force ...................................... 300, 307, 397, 402
HB 402--National Guard; Public Officers and Employees; military duty; compensation ............................... 763, 765, 827, 887, 1331, 1348
HB 403--Fitzgerald, City of; Fitzgerald and Ben Hill County Development Authority; continue in force ............... 300, 307, 397, 402
HB 404--Disaster Preparedness; Local Organizations; repeal state assistance; grants; funding ................................. 326, 331
HB 406--Tift County; Board of Education; school superintendent; continue in force ...................................... 300, 307, 397, 402
HB 407--Tift County; Development Authority; continue in force ...................................... 300, 307, 397, 402
HB 408--Tift County; Development Authority; taxation, continue in force ...................................... 301, 307, 397, 402
HB 410--Thunderbolt, City of; Clerk and Ex-officio Treasurer; abolish office ......................................... 301, 307, 452, 455
HB 411--Thunderbolt, City of; Mayor and Aldermen; compensation ......................................... 301, 307, 452, 455
HB 416--Retirement and Pensions; Peace Officers; federal retirees; employment and training .................. 568, 571, 1036, 1104, 1235, 1280
HB 417--Sale City, City of; Mayor and Councilmen; vacancies ............................................. 301, 308, 397, 402
HB 421--Elections; Municipal; absentee voting ....... 568, 572, 1036, 1104, 1171, 1205 HB 422--Insurance; Transactions; language simplification;
ease of reading standards ................ 1154, 1157, 1371, 1433, 1672, 1818 HB 431--Alcoholic Beverages and Alcoholism; Pregnancy;
posting of warning signs ................... 718, 723, 1558, 1564, 1861, 1912 HB 432--Speech Pathology and Audiology, State Board;
continuation ................... 445, 449, 1099, 1167, 1330, 1347, 1381, 1406 HB 433--Social Workers; licensure; experience
requirements ............................. 963, 966, 1559, 1562, 1861, 1885 HB 435--Landfills; Construction Activity Prohibition on
Abandoned Landfills Act; enact ............................... 1153, 1157 HB 436--Eminent Domain; Condemnor; payment of expenses;
attorney's fees; appeals ..................................... 326, 331, 452 HB 439--Property; Tax Executions; sales; advertisement
costs to defendant ........................ 963, 966, 1228, 1320, 1575, 1597 HB 441--Chatham County; Magistrate Court;
law library fees ...................... 301, 308, 575, 583, 584, 585, 874 HB 445--Boats; Vehicles Transporting Boats; length
permits ...................................... 567, 572, 624, 729, 775, 814 HB 449--Stephens County; Stephens County School
Superintendent; appointment. .......................... 323, 332, 418, 424 HB 450--North Georgia College; Military Scholarships;
number; selection ......................... 445, 449, 1036, 1104, 1330, 1344

INDEX

2323

HB 451--Elderly; Fishing Licenses; reciprocal agreements;

Florida....................................... 354, 357, 479, 580, 630, 701

HB 452--Coroners; Mayors; municipalities 5,000 or less;

serve as coroners............................ 613, 620, 882, 975, 1044, 1079

HB 453--Mitchell County; School Superintendent; appointment;

referendum ........................................... 323, 332, 418, 424

HB 454--Pornography and Obscenity; Sexual Exploitation of

Children; penalties; visual materials..................... 718, 723, 888, 969,

1038, 1112, 1138

HB 455--Aviation; Airport Property; leases; counties 550,000 or more;

taxable estate....................... 326, 331, 1560, 1564, 1672, 1817, 2284

HB 456--Natural Resources; Foxes; hunting preserves, breeders;

licensure; permits; regulate..................... 388, 394, 479, 580, 892, 932

HB 457--Peace Officers Annuity and Benefit Fund; Investment

Powers of Board ........................ 1027, 1031, 1371, 1433, 1576, 1632

HB 459--Peace Officers Annuity and Benefit Fund; Revenue

Sources; portion county fines, bond forfeitures .................. 1027, 1031,

1371, 1434, 1576, 1636

HB 460--Handicapped Persons; Gasoline Stations; permits;

dispensing at self-serve prices ........ 872, 878, 1370, 1434, 1671, 1707, 2286

HB 461--Tax Collectors, Commissioners; Minimum

Salaries ................................ 1284, 1303, 1370, 1434, 1575, 1608

HB 462--Blood Donors; Donors; patient furnish; authorize

short-term storage programs .................................... 762, 766,

1559, 1564, 1672, 1822, 2284

HB 463--Asbestos; Contractors; license exemptions under

Asbestos Safety Act ..................... 1283, 1301, 1371, 1434, 1672, 1820

HB 465--Elections; Contested; superintendents as defendants;

settlement procedures ..................... 719, 724, 1036, 1104, 1171, 1211

HB 466--Firearms; First Offenders; prohibit possession while

on probation ............................... 471, 475, 767, 831, 1044, 1084

HB 468--Vidalia, City of; Board of Education; elections ........... 323, 332, 418, 424

HB 479--Sales Tax; Special Purpose County; expand purposes;

referendum; repealer .................... 1155, 1157, 1558, 1562, 1939, 2284

HB 483--Spalding County; Educational Facilities; bonds;

continue in force ...................................... 323, 332, 397, 402

HB 484--Spalding County; Temporary Loans; local constitutional

amendment continued ................................. 324, 332, 397, 402

HB 485--Spalding County; Water Districts; local constitutional

amendment continued ................................. 324, 333, 397, 403

HB 486--Spalding County; Streets, Roads Improvement;

assessment of costs; continue in force ................... 324, 333, 397, 403

HB 488--Probate Courts; Judges; office location; distance

from courthouse .................................... 471, 475, 1227, 1320

HB 490--Washington, City of; Washington Wilkes Payroll Development

Authority; continue in force ............................ 324, 333, 418, 425

HB 492--Griffin, City of; Griffin-Spalding County School System;

merger; continue in force .............................. 324, 333, 397, 403

HB 493--Private Detective and Security Agencies, State Board;

Change provisions; extend to 1993

389, 394, 884, 975, 1044, 1048

HB 495--Griffin, City of; Board of Commissioners; membership;

districts; reapportionment.............................. 610, 621, 884, 890

HB 496--Spalding County; Tax Commissioner; compensation

324, 333, 398, 403

HB 497--Wills, Trusts, Administration of Estates; County Administrators;

qualification; residency; fees......... 445, 449, 1228, 1320, 1444, 1547

HB 498--Wills, Trusts, Administration of Estates; Illegitimate Children;

inheriting from father; procedure ............ 389, 394, 969, 1038, 1330, 1340

2324

JOURNAL OF THE SENATE

HB 501--Juvenile Proceedings; Shelter Care; placement; juvenile court

judge; deprived child ....................... 819, 824, 969, 1038, 1331, 1354

HB 502--Newnan, City of; Water, Sewerage and Light Commission;

continue in force ...................................... 386, 395, 453, 456

HB 507--Insurance; Preferred Provider Arrangements Act;

standards; insurers ................................ 1284, 1303, 1653, 1655

HB 508--Insurance; Rates; approval of property, casualty

rates, policies, contracts .................... 446, 450, 882, 975, 1044, 1057,

1112, 1143, 1222, 1247, 1367, 1416, 1731, 2281

HB 509--Glynn County; Homestead Exemption; taxes for

educational purposes; continue ......................... 324, 333, 452, 455

HB 510--Glynn County; Brunswick and Glynn County; sewage

system, continue in force ....................................... 324, 333

HB 511--Brunswick, City of; Municipal Port and Terminal

Facilities; continue in force ..................................... 325, 334

HB 512--Glynn County; Business License Tax; unincorporated

areas; continue in force ................................ 325, 334, 453, 455

HB 513--Glynn County; Ad Valorem Tax; goods in transit; exemption;

continue in force ...................................... 325, 334, 453, 455

HB 514--Glynn County; Alcoholic Beverages, Distilled Spirits;

sales by drink; continue ............................... 325, 334, 453, 455

HB 515--Professions and Businesses; Therapeutic Recreation Specialists;

licensure; board duties....................... 327, 332, 826, 887, 1444, 1447

HB 516--Alcoholic Beverages and Alcoholism; Consumption on Premises;

prohibit certain nude, sexual conduct .......................... 1182, 1194

HB 521--Municipalities; Property Sales; procedures; property

no longer needed for roads............. 613, 621, 769, 831, 1112, 1132, 1426

HB 522--Law Enforcement Officers and Agencies; Police Officer

Memorial Day; designate May 15; Police Week .............. 327, 332, 729,

770, 836, 841

HB 525--Haralson County; Superior Court Clerk; annual salary ... 325, 334, 398, 403

HB 526--Haralson County; Commissioner; compensation

325, 334, 398, 403

HB 527--Pulaski County; Board of Education; elections;

referendum ........................................... 565, 573, 769, 772

HB 528--Pulaski County; Board of Education; election districts;

continue in force ...................................... 353, 358, 480, 485

HB 529--Morgan County; Development Authority;

continue in force...................................... 353, 358, 971, 980

HB 531--Oglethorpe County; Board of Education; elections;

school superintendent appointment; continue ............ 353, 358, 453, 455

HB 533--Murray County; Board of Education; continue in force 354, 358, 480, 485

HB 534--Murray County; Board of Education; elections;

districts; residency .................................... 411, 415, 480, 485

HB 535--Clarke County; Clarke County/Athens; additional tax levies;

continue in force ...................................... 386, 394, 453, 456

HB 536--Clarke County; Merit System; continue in force.......... 386, 395, 453, 456

HB 537--Clarke County; Water, Sanitation, Sewerage, Fire

Protection Districts; continue .......................... 386, 395, 453, 456

HB 538--Counties; Property; private sales; real property;

notices ................................... 446, 450, 1653, 1655, 1861, 1887

HB 539--Troup County; Board of Elections and Registration;

create .............................. 411, 415, 1850, 1852, 1855, 1860, 1959

HB 540--Public Utilities and Transportation; Consumers' Utility Counsel;

change date for repeal of law ............ 1221, 1224, 1431, 1436, 1861, 1886

HB 541--Organ Donors; Anatomical Gifts; recipient preference;

define agency; advisory board ................ 1282, 1301, 1559, 1565, 1861,

1897, 1955, 2138, 2199, 2200, 2237, 2281

INDEX

2325

HB 544--Fulton County; Board of Education; members;

compensation ............................ 715, 725, 1037, 1040, 1042, 1043,

1285, 1346, 1407, 1412

HB 545--Hall County; Board of Elections; create

... 387, 395, 729, 731

HB 546--Gainesville, City of; Redevelopment Authority;

continue in force ...................................... 387, 395, 729, 731

HB 548--Effingham County; State Court; judge; salary ............ 387, 395, 575, 584

HB 549--Effingham County; State Court; solicitor; salary .......... 387, 395, 575, 584

HB 553--Insurance; Group Life; maximum coverage

for debtors ................................... 613, 621, 826, 887, 983, 991

HB 554--Heard County; Tax Commissioner; employees;

vacancies ............................................. 387, 395, 729, 731

HB 557--Workers' Compensation; Trade or Professional Associations;

group self insurance funds ........ 471, 475, 1371, 1434, 1671, 1735, 1860,

1914, 1953, 2017, 2037, 2164, 2171, 2186, 2216,

2219, 2220, 2281

HB 558--Boxing; licenses; professional matches

redefined ................................... 611, 621, 882, 975, 1044, 1080

HB 559--Tax Collector, Commissioners; Tax Executions; levy

county administration fees

.... 1027, 1031, 1317, 1373, 1444, 1545

HB 561--Development Authorities; Redevelopment Powers Law;

additional redevelopment areas .............. 872, 878, 971, 1039, 1112, 1139

HB 562--Labor Department; Supplemental appropriations; unemployment

trust fund; offices ......................... 963, 966, 1035, 1105, 1171, 1205

HB 563--Hotels and Motels; Excise Tax; rates; expenditure of proceeds;

audits.............................. 964, 966, 1558, 1562, 1672, 1739, 2285

HB 567--Meriwether County; Board of Commissioners; repeal

certain compensation provisions ........................ 387, 396, 729, 731

HB 568--Meriwether County; Board of Commissioners; Compensation;

expenses ............................................. 387, 396, 729, 731

HB 569--Pulaski County; School Superintendent; appointment;

referendum ........................................... 387, 396, 729, 731

HB 570--Waycross, City of; Industry Promotion Tax;

continue in force ...................................... 387, 396, 480, 485

HB 573--Thomasville, City of; Board of Education; composition;

elections; districts ..................................... 411, 415, 769, 772

HB 574--Thomasville, City of; Board of Commissioners; composition;

elections; districts ..................................... 411, 416, 769, 772

HB 576--Used Car Dealers; State Board of Registration; rules,

regulations; seminars ................ 718, 724, 1371, 1434, 1576, 1634, 1848

HB 577--Camilla City of; Mayor and Councilmen;

compensation ......................................... 387, 396, 624, 628

HB 578--Columbia County; School District Taxes;

homestead exemption; referendum ...................... 388, 394, 575, 584

HB 579--Columbia County; Board of Education; elections;

referendum ........................................... 388, 396, 575, 584

HB 580--Norcross, City of; Homestead Exemption; certain elderly

persons; continue in force .............................. 412, 415, 624, 628

HB 581--Jefferson County; Magistrate Court; law library

fees.................................................. 412, 416, 729, 732

HB 582--Insurance; Direct Response Insurance Business; agents;

offices; telephone service ................... 613, 621, 1228, 1320, 1672, 1824

HB 583--Polygraph Examiners; Licensure; education qualifications;

extend state board to 1993................. 719, 724, 1228, 1321, 1444, 1447

HB 585--Judges; Civil Court Judge Pro Tempore; serve as

magistrate pro tempore .................. 1252, 1266, 1431, 1436, 1860, 1873

HB 589--Norcross, City of; Corporate Limits ..................... 412, 416, 624, 628

2326

JOURNAL OF THE SENATE

HB 590--Western Judicial Circuit; Superior Court; supplementary

compensation for judges ...................... 718, 724, 827, 887, 983, 1022

HB 591--Douglas County; Douglasville-Douglas County Stadium

Authority; continue in force ............................ 412, 416, 480, 485

HB 592--Douglas County; Board of Education; elections;

continue in force ...................................... 412, 416, 480, 485

HB 593--Douglas County; Business Licenses; ordinances;

continue in force ...................................... 412, 416, 480, 485

HB 594--Douglas County; Civil Service System;

continue in force ...................................... 412, 416, 480, 486

HB 595--Douglas County; Water, Sanitation, Sewerage, and

Fire Protection Districts; continue ...................... 412, 417, 480, 486

HB 596--Douglas County; Recall; public officials, education

board members; continue .............................. 412, 417, 480, 486

HB 597--Douglas County; Bonds; road purposes;

continue in force ...................................... 413, 417, 480, 486

HB 598--Estates; Foreign Wills; inventory; executor

requirements ................................................ 1274, 1301

HB 600--Marriage and Family Therapists; Licensure;

examination requirements....................................... 873, 878

HB 601--Bombs; false or facsimiles; prohibitions; penalties ................. 820, 824

HB 605--Professions and Businesses; Fundraisers, Professional;

regulation; solicitors; charities

613, 621, 1100, 1167, 1331, 1347

HB 606--Contracts; Public Works; bid waivers;

emergency provisions .................. 718, 724, 884, 975, 1112, 1130, 1221

HB 607--Fulton County; County Building Authority; membership;

bonds; judicial facility ................... 1149, 1161, 1560, 1565, 1671, 1709

HB 610--Ad Valorem Tax; Public Utilities; penalties for late

return filing; airlines .................... 1284, 1303, 1558, 1562, 1860, 1877

HB 611--Property; Ad Valorem Tax Assessment; notification;

State Board of Equalization.............. 1284, 1303, 1558, 1562, 1861, 1878

HB 613--Insurance; Health; reduction of duplicate benefits;

accident claims . . . . 992, 1002, 1228, 1321, 1381, 1394, 1445, 1939, 1951, 1952

HB 614--Courts; Appellate; senior justice and senior judge;

offices created .................... 1274, 1301, 1431, 1437, 1575, 1606, 1848

HB 616--Retirement and Pensions; Municipal Governing Authorities;

actions; prior advertisement................................ 820, 824, 971,

1039, 1112, 1120

HB 617--Mclntosh County; Bonds; educational purposes;

continue in force ...................................... 443, 450, 624, 628

HB 618--Notaries Public; Documents; certification; not evidence

of knowledge of contents .................. 719, 724, 1228, 1321, 1672, 1831

HB 619--Bonds; Georgia Allocation System; create;

special pools ................................. 568, 572, 826, 887, 983, 1001

HB 620--Brunswick, City of; Brunswick/Glynn County

Development Authority; continue in force ............... 443, 450, 624, 628

HB 621--Rome, City of; Board of Education; membership; qualifications;

vacancies; elections ............................ 443, 450, 624, 628, 629, 821

HB 622--Lamar County; Board of Education; elections; districts;

vacancies; referendum ................................. 469, 476, 624, 628

HB 623--Courts; Probate; clerks; jurisdiction in counties with

150,000 or more..................... 819, 824, 1227, 1321, 1444, 1445, 1651

HB 624--Estates; Custodian of Funds; minors, incapacitated adults;

probate court judges .................... 1274, 1301, 1430, 1437, 1576, 1617

HB 625--Child Support; Recovery; state, local, private employers provide

DHR information ......... .819, 824, 969, 1039, 1672, 1819, 1860, 1863, 2286

INDEX

2327

HB 627--Clarke County; Motor Vehicle Registration; staggered tag sales; referendum .................................. 444, 450, 575, 584
HB 628--Columbus, City of; Municipal Court; clerk; marshal; compensation; fees; costs. .............................. 444, 450, 575, 584
HB 629--Lamar County; Board of Commissioners; districts; elections; board size ................................... 469, 476, 624, 628
HB 630--Bibb County; Property Leases; Lake Tobesofkee Recreation Area, Grand Opera House ............................. 444, 451, 575, 584
HB 641--Agriculture; Poultry, Domestic Fowl; disease control; regulate movement activities ................... 470, 475, 728, 770, 836, 844
HB 643--Cobb County; State Court; judges; compensation ....................................... 761, 766, 1317, 1325
HB 644--Cobb County; District Attorney; assistant district attorneys; compensation ............. 761, 767, 1372, 1376, 1379, 1380, 1556
HB 647--Bonds; General Obligation; proceeds; libraries, water, sewer facilities ...................... 873, 878, 1035, 1105, 1171, 1206, 1422
HB 649--Bad Checks; Present Consideration; exceptions; additional credit extension; mechanic's, materialmen's waiver of lien rights ................................... 719, 725, 826, 887, 983, 1019, 1093
HB 651--DeKalb County; Ad Valorem Tax; exemption; certain property improvements; continue ..................... 469, 476, 1372, 1376
HB 652--Motor Vehicles and Traffic; speed limit; maximum 65 MPH any highway; speed zones certain vehicles ............ 873, 878, 1229, 1321, 1381, 1399, 1445, 1575, 1582, 1915, 1933, 2036, 2186
HB 653--Courts; Indictments; quashing twice for same offense; bar to prosecution ........................ 719, 725, 1228, 1321, 1381, 1395
HB 654--Elections; Pauper's Candidate Affidavit; qualifying petitions...................... 1027, 1032, 1370, 1434, 1671, 1705
HB 655--Game and Fish; Deer; hunting antlerless or either-sex on certain days ............................. 567, 572, 883, 975, 1044, 1079
HB 657--Judgments; Civil Actions; findings of fact and conclusions; appeals; waiver ......................... 1274, 1302, 1431, 1437, 1672, 1830
HB 661--Commissions, Boards; Members; daily expense allowance ................................ 762, 766, 1370, 1434, 1672, 1832
HB 662--Authorities; State Authorities; liability, self-insurance program..................... 717, 725, 1228, 1321, 1380, 1392
HB 663--Securities; Criminal or Civil Proceedings; applicable laws on date of crime ..................... 963, 966, 1228, 1322, 1445, 1549
HB 667--DeKalb County; DeKalb County Airport Authority; abolished......................................... 1364, 1368, 1654, 1658
HB 676--Sheriffs' Retirement Fund; investment powers ................................. 1027, 1032, 1371, 1435, 1575, 1601
HB 677--Sheriffs; Sheriffs' Retirement Fund; successor to retired member; term ................... 963, 966, 1371, 1435, 1575, 1604
HB 678--Credit Repair Services; operation prohibited . . . . 762, 766, 826, 887, 983, 1020
HB 679--Catoosa County; Hospitalization Insurance for Officials, Employees; bids .............................. 565, 573, 769, 772
HB 682--Whitfield County; Board of Education; school superintendent; elections; continue .................................... 610, 622, 828, 833
HB 683--Dalton, City of; Homestead Exemption; residents 62 or over; continue in force ...................................... 610, 622, 828, 833
HB 684--Whitfield County; Homestead Exemption; continue in force...................................... 610, 622, 828, 834
HB 686--Public Safety Officers; firefighter standards and training .............................. 963, 967, 1431, 1437, 1576, 1638

2328

JOURNAL OF THE SENATE

HB 689--Spalding County; Board of Commissioners;

compensation ......................................... 565, 573, 729, 732

HB 690--Walker County; Superior Court Clerk; personnel;

compensation ......................................... 565, 573, 769, 772

HB 691--Walker County; Probate Court; personnel;

compensation ................................ 565, 573, 769, 891, 892, 1028

HB 692--Walker County; Tax Commission Office; personnel;

compensation ......................................... 566, 573, 769, 772

HB 697--College Park, City of; Business and Industrial Development

Authority; continue in force .......................... 818, 825, 1037, 1040

HB 698--Tax Collector, Commissioners; Lock Box System;

tax payments; contracts

.... 964, 967, 1317, 1373, 1444, 1448

HB 707--Health Care Facilities, Hospitals; Nonresident

Indigent Patient Care; funds; review committees

820, 825,

1559, 1565, 1861, 1892, 2285

HB 708--Health Care Facilities, Hospitals; Certificates of Need;

grants; conditions; trust funds for indigent care ................. 1027, 1032

HB 709--Ware County; State Court; judge and solicitor;

compensation ..................................... 1308, 1312, 1432, 1441

HB 711--McDuffie County; Board of Commissioners; chairman;

compensation ......................................... 566, 573, 769, 772

HB 712--Harris County; Coroner; salary ......................... 566, 573, 769, 772

HB 713--Property; Liens; filing; release of mechanics'

and materialmen's liens.................... 820, 825, 1227, 1322, 1445, 1549

HB 716--Hall County; Fire Prevention Districts;

continue in force ...................................... 566, 574, 769, 773

HB 720--Corporations, Partnerships and Associations; Business

Development Corporations; member loans; maximum; duration

1252,

1266, 1558, 1562, 1861, 1884

HB 721--Jones County; Employees; publication name,

department and salary ................................ 610, 622, 971, 980

HB 722--Peace Officers Annuity and Benefit Fund; Peace

Officers; revise definition; training compliance

....

963, 967,

1371, 1435, 1576, 1642

HB 723--Gwinnett County; State Court; additional judge;

designate chief judge .......................... 611, 622, 828, 834, 836, 964

HB 724--Property; Intangible Tax; domesticated foreign

corporation stock ................. 1005, 1021, 1162, 1230, 1330, 1331, 1422

HB 726--Motor Vehicles and Traffic; Insurance; redefine operation,

maintenance, use; repair business ................................ 762, 766,

1228, 1322, 1380, 1390, 1651

HB 728--Gwinnett County; Board of Commissioners;

compensation; expenses .............................. 611, 622, 1850, 1852

HB 729--Year's Support; Property; conveyance, encumbrance by

surviving spouse; judge approval......................... 1282, 1302, 1431,

1437, 1861, 1896

HB 730--Oak Ridge Water and Sewerage Authority in Richmond

County; create ........................................ 611, 623, 729, 732

HB 731--Suwanee, City of; New Charter ....................... 611, 623, 1037, 1040

HB 732--Duluth, City of; New Charter

761, 767, 1960, 1961, 1962, 2000, 2285

HB 734--Jenkinsburg, Town of; New Charter .................... 611, 623, 828, 834

HB 741--Jekyll Island State Park Authority; Ordinance Violations;

prosecutions; court jurisdiction ................................ 1284, 1304,

1431, 1439, 1939, 1948, 2285

HB 742--Day Care Centers; Licensing; directors, employee

records check; fingerprint records ................... 1282, 1302, 1430, 1437,

1672, 1745

INDEX

2329

HB 743--Public Utilities and Transportation; Motor Carriers;

registration exceptions; buses, taxicabs, limousines, vans ............... 963,

967, 1558, 1565

HB 744--Willacoochee City of; Mayor and Aldermen; terms;

qualifications ......................................... 611, 623, 884, 890

HB 746--Hancock County; Board of Commissioners; chairman;

compensation ....................................... 611, 623, 1561, 1567

HB 747--Putnam County; Tax Collector; compensation;

continue in force .................................... 611, 623, 1037, 1041

HB 749--Franklin County; Board of Commissioners; advisory board;

meeting dates; compensation ........................... 611, 623, 884, 890

HB 750--Tunnell Hill, City of; New Charter; referendum .......... 611, 623, 828, 834

HB 754--Augusta Judicial Circuit; Superior Court; judges; salary

supplement from Burke County ...................... 715, 725, 1432, 1441

HB 755--Augusta Judicial Circuit; Superior Court; terms for

Burke County .......................... 1028, 1032, 1228, 1322, 1381, 1405

HB 756--Burke County; State Court; change terms ............... 715, 725, 884, 890

HB 759--Medical Practice; Medical Students;

tort immunity .......................... 1028, 1032, 1100, 1167, 1330, 1341

HB 760--Doerun, City of; Bonds; local constitutional

amendment continued ................................. 715, 725, 884, 890

HB 761--Heard County; Magistrate Court; chief magistrate;

compensation ....................................... 715, 726, 1037, 1041

HB 762--Brunswick, City of; Downtown Brunswick; district;

ad valorem taxes; continue in force ................... 715, 726, 1037, 1041

HB 763--Peach County; Board of Education; building funds; continue

authority in force ..................................... 716, 726, 769, 773

HB 764--Peach County; Board of Education; grants; handicapped

training; continue in force ............................. 716, 726, 769, 773

HB 765--Peach County; Industrial Development Authority;

authority to levy tax; continue ......................... 716, 726, 769, 773

HB 766--Walker County; Coroner; compensation ................. 716, 726, 971, 980

HB 768--Bail; Felony-bail Jumping; misdemeanor-bail jumping;

redefine; notices ............................................... 963, 967

HB 769--Lamar County; County Manager; create office ........... 716, 726, 769, 773

HB 770--Lee County; Motor Vehicle Registration;

staggered tag sales .................................... 716, 726, 769, 773

HB 774--DeKalb County; State Court; additional judge ......... 716, 727, 1372, 1376

HB 775--Hazardous Materials; Spills, Releases; reporting requirements;

enforcement; agencies .......................................... 819, 825

HB 776--Bail; Drug Trafficking, Child Molestation; not bailable offenses;

superior court jurisdiction; appeal bonds ......................... 873, 878

HB 779--Fayette County; Clerk of the Superior Court;

compensation ......................................... 716, 727, 971, 980

HB 780--Fayette County; Magistrate; elections ................... 716, 727, 971, 980

HB 781--Fayette County; Board of Commissioners; compensation;

expenses ............................................. 716, 727, 971, 981

HB 782--Fayette County; Sheriff; compensation .................. 717, 727, 971, 981

HB 783--Fayette County; Probate Court Judge; compensation

717, 727, 971, 981

HB 784--Fayette County; Tax Commissioner; compensation ....... 717, 727, 971, 981

HB 785--Paulding County; Courthouse; authority enter contracts;

continue in force ...................................... 717, 727, 884, 890

HB 786--Paulding County; Fire Protection Districts;

continue in force ...................................... 717, 728, 828, 834

HB 787--Paulding County; Coroner; compensation ............................ 1091,

1094, 1317, 1373, 1444, 1506

2330

JOURNAL OF THE SENATE

HB 788--Dallas, City of; Parking Authority; local constitutional amendment continued ................................. 717, 728, 828, 834
HB 789--Carroll County; State Court; judge, solicitor, judge's secretary; compensation ......................................... 717, 728, 884, 890
HB 795--Northern Judicial Circuit; Superior Court; judges; salary supplements ........................ 872, 879, 1431, 1437, 1576, 1643
HB 796--Driving Under Influence, DUI; Serious Injury by Vehicle; maximum penalty; felony offense ........................ 871, 879
HB 797--Handicapped Persons; Buildings and Facilities; access; standards; parking lots, spaces ................................ 1220, 1224, 1559, 1562, 1672, 1738, 2286
HB 800--Inmates; Probation; special alternative incarceration; conditions ................................ 820, 825, 1100, 1167, 1862, 1903
HB 801--Reidsville, City of; Council; posts; wards; elections ............................................. 818, 826, 971, 981
HB 802--Glynn County; Ad Valorem Tax; homestead exemption; elderly, disabled; continue ........................... 761, 766, 1037, 1041
HB 803--Gwinnett County; Recorder's Court; additional judge .............................. 761, 767, 1101, 1107, 1108, 1111, 1222
HB 804--Public Records; Inspection; limit; research records obtained by colleges, universities .............. 871, 879, 1036, 1105, 1235, 1277, 1422
HB 805--Muscogee County; State Court; additional judge assistant solicitor; compensation ........................ 761, 767, 884, 890
HB 806--Muscogee County; Chief Magistrate; compensation .................... 761, 767, 884, 891
HB 807--Education; Higher Education Assistance Corporation; service cancelable loans; reports ................................. 962, 967, 1036, 1105, 1330, 1333
HB 808--Coffee County; Health Insurance Benefits; commissioners; county officers; employees....................................... 762, 767
HB 809--Education; Higher Education Assistance Corporation; redefine eligible student ................... 871, 879, 1036, 1105, 1330, 1343
HB 810--Stone Mountain Memorial Association; Alcoholic Beverage Sales................. 875, 879, 1098, 1167, 1330, 1338, 1340, 1363
HB 811--License Plates; Fees; waiver for mail purchases; decals. ............ 873, 879, 1229, 1322, 1380, 1413, 1445, 1575, 1598, 2285
HB 812--Alcoholic Beverages and Alcoholism; Sunday sales; counties of 160,000 or more; municipalities in county ................. 1221, 1224, 1558, 1565, 1672, 1758
HB 813--Coweta County; Motor Vehicle Registration; staggered tag sales .................................... 818, 826, 971, 981
HB 814--Decatur, City of; Board of Education; terms ........... 818, 826, 1372, 1376 HB 815--Education; Postsecondary Degrees; regulate non-public
degree-granting institutions ................................... 1284, 1304, 1431, 1437, 1671, 1736
HB 819--Spalding County; Chief Magistrate; compensation ........ 818, 826, 971, 981 HB 820--Spalding County; Board of Elections;
define powers, duties .................................. 818, 826, 971, 981 HB 825--Byron, City of; Corporate Limits ..................... 869, 880, 1037, 1041 HB 827--Oconee County; School Superintendent; appointment;
referendum ......................................... 870, 880, 1037, 1041 HB 828--Winder, City of; Corporate Powers; mayor and council;
elections; terms; wards............................... 961, 968, 1229, 1232 HB 829--Barrow County; Water and Sewerage Authority;
create .............................................. 870, 880, 1037, 1041 HB 832--Louisville, City of; Coroner; authorized hold city office ................ 870,
880, 1101, 1107

INDEX

2331

HB 833--Bloomingdale, City of; Corporate Limits.......................... 870, 880, 1317, 1325, 1328, 1330, 1422
HB 834--Barnesville, City of; Barnesville/Lamar County Development Authority; continue in force ............................ 870, 880, 971, 981
HB 835--Liens; Alterations of Clothing or Shoe Repair Business .......... 1056, 1057, 1227, 1322, 1380, 1414
HB 836--Insurance; Policy Cancellation; procedures; notices of changes, premium increases ................................... 1091, 1095, 1371, 1435, 1861, 1901
HB 838--Glynn County; Board of Commissioners; expense allowance ................................... 870, 880, 1317, 1325
HB 839--Health; Rehabilitation Suppliers; peer review groups; health care providers .................... 1091, 1095, 1559, 1563, 1861, 1883
HB 840--Elevators; Standards; installation; inspection; permits; accident reports................... 1220, 1224, 1371, 1435, 1575, 1594, 1849
HB 843--Property; Public; governmental entities as parties in court actions; special statutory proceedings .................................. 1274, 1302, 1431, 1437, 1861, 1882
HB 845--Cobb County; Juvenile Court; judge; compensation ....................................... 870, 880, 1317, 1325
HB 846--Henry County; Board of Commissioners; compensation ....................................... 870, 880, 1101, 1107
HB 847--Henry County; Board of Commissioners; election requirements; qualifications .......................... 870, 881, 1101, 1107
HB 850--Bartow County; School District; homestead exemption; referendum ....................................... 1151, 1158, 1561, 1567
HB 851--Bartow County; Board of Education; elections; continue in force .......................................... 1149, 1158, 1561, 1567
HB 852--Bartow County; School Superintendent; appointment; referendum ....................................... 1149, 1159, 1561, 1567
HB 853--Bartow County; Board of Education; elections; terms; referendum ....................................... 1149, 1159, 1561, 1567
HB 854--White, City of; Mayor and Aldermen; elections, terms, vacancies ......................................... 1149, 1159, 1561, 1567
HB 855--Hancock County; Board of Education; elections; continue in force .................................... 870, 881, 1037, 1041
HB 856--Candler County; State Court; new trials; grounds and procedures ......................................... 870, 881, 1037, 1041
HB 857--Candler County; Candler County Industrial Authority; continue in force .................................... 871, 881, 1037, 1042
HB 858--Emanuel County; Board of Elections; create ........... 871, 881, 1101, 1108 HB 859--Trucks; Forest Products; comply motor carrier vehicle
safety rules ....................................... 1283, 1304, 1653, 1655 HB 863--Cochran, City of; City Council; powers; street closings;
easements; property disposal ......................... 961, 968, 1163, 1169 HB 864--Fayette County; Board of Education; election;
continue in force .................................... 871, 881, 1101, 1108 HB 865--Walton County; Walton County Water and Sewerage
Authority; create ............................................... 871, 881 HB 866--Walton County; Board of Education; one school district;
continue in force.................................... 871, 881, 1372, 1377 HB 868--Colbert, City of; Mayor; term of office;
referendum ......................................... 871, 882, 1101, 1108 HB 869--Catoosa County; Tax Administrators Board;
continue in force.................................. 1024, 1033, 1229, 1232

2332

JOURNAL OF THE SENATE

HB 872--Culloden, City of; City Council; mayor; elections; districts .......................................... 1024, 1033, 1101, 1108
HB 873--Augusta College; Motor Vehicle License Plates; commemorative issuance ...... 1028, 1032, 1229, 1322, 1939, 1946, 2036, 2160
HB 874--Medical College of Georgia; Motor Vehicle License Plates; commemorative issuance ................. 1028, 1032, 1229, 1322, 1939, 1950
HB 875--Cobb County; Tax Commissioner; chief clerk; compensation ....................................... 871, 882, 1317, 1325
HB 877--Superior Courts; Judges; senior judges; expenses; meetings, judicial education ....................... 1092, 1095, 1228, 1322, 1575, 1581
HB 879--Chatham County; Tax Assessor Board; merger; Savannah-Chatham County; continue in force.......... 961, 968, 1432, 1441
HB 880--Statesboro, City of; New Charter; corporate limits..................... 961, 968, 1163, 1169
HB 881--Cobb County; Superior Court; deputy clerk; compensation ....................................... 961, 968, 1317, 1326
HB 882--Social Services; Public Assistance; AFDC payments; child support income disregard .......................... 1220, 1224, 1558, 1601, 1670, 1672, 1861, 1891
HB 884--Bulloch County; Clerk of the Superior Court; employees; compensation ............................ 961, 968, 1163, 1169
HB 885--Bulloch County; Sheriffs Office; deputies; office clerk; compensation ....................................... 962, 968, 1163, 1169
HB 886--Bulloch County; Tax Commissioner; assistants; clerical help; compensation ....................................... 962, 968, 1163, 1169
HB 887--Bulloch County; Probate Court; clerk; part-time employees; compensation ....................................... 962, 969, 1163, 1169
HB 888--Effingham County; Board of Education; reconstitute; elections; terms; referendum ....................... 1089, 1096, 1229, 1232
HB 889--Chatham County; School System; local constitutional amendment continued ............................. 1418, 1426, 1850, 1852
HB 892--Valdosta, City of; Corporate Limits ................... 962, 969, 1037, 1042 HB 893--Valdosta, City of; Valdosta-Lowndes County Airport
Authority; establish ................................. 962, 969, 1037, 1042 HB 894--Chattooga County; State Court; judge; solicitor;
secretary; compensation.............................. 962, 969, 1163, 1169 HB 895--Appling County; Board of Education; elections;
districts; continue in force ......................... 1024, 1033, 1101, 1108 HB 897--State Employees; Agrirama Development Authority;
employee health insurance coverage ............................ 1284, 1304, 1559, 1563, 1861, 1881
HB 898--Cobb County; Chief Deputy Sheriff; chief investigator; compensation ..................................... 1024, 1033, 1317, 1326
HB 899--Cobb County; Sheriff; executive secretary ........... 1024, 1033, 1317, 1326 HB 900--Jenkins County; Development Authority;
continue in force .................................. 1024, 1034, 1372, 1377 HB 902--Eton, City of; New Charter ........................ 1025, 1034, 1229, 1232 HB 903--Butts County; Board of Education; election; school
superintendent; appointment; referendum ........... 1089, 1096, 1229, 1232 HB 904--Butts County; City of Flovilla, City of
Jackson, and City of Jenkinsburg Water and Sewer Authority; membership vacancies ............................. 1025, 1034, 1101, 1108 HB 905--Education; Proprietary School Act; certificates of authorization; sex education ..................................... 1283, 1304, 1653, 1655,
1862, 1902, 1903, 1909, 1916, 1928, 1955, 2162, 2224, 2227 HB 906--Camden County; Board of Commissioners; elections;
districts; terms; referendum ........................ 1089, 1096, 1229, 1232

INDEX

2333

HB 907--Camden County; Board of Education; elections;

districts; terms; referendum; Act continuing local constitutional

amendment repealed .............................. 1089, 1096, 1229, 1232

HB 908--Revenue and Taxation; Intangible Recording Tax;

convert to documentary tax; maximum tax ..................... 1274, 1302

HB 909--Cobb County; Board of Commissioners;

compensation ..................................... 1025, 1034, 1317, 1326

HB 913--Child Abuse; Protocol Committees; county agencies;

reports ................................. 1284, 1304, 1430, 1438, 1861, 1898

HB 914--Taliaferro County; Board of Commissioners; chairman;

road superintendent

962, 969, 1163, 1169

HB 916--Antiterroristic Training Act; Penalties; teaching use

of firearms; weapons for civil disorder.......................... 1221, 1225,

1431, 1438, 1575, 1604

HB 917--Stone Mountain Judicial Circuit; Superior Court;

judges salary supplement .......................... 1153, 1158, 1431, 1438,

1861, 1908, 2037, 2139, 2174, 2182, 2233, 2281

HB 925--Monroe County; Board of Commissioners; election;

terms; districts; officers ................................. 1089, 1096, 1654,

1658, 1662, 1670, 1847

HB 926--Worth County; Motor Vehicle Registration;

staggered tag sales ................................ 1025, 1034, 1317, 1326

HB 927--Poulan, City of; Corporate Limits .................. 1025, 1034, 1317, 1326

HB 928--Worth County; Development Authority; continue

in force .......................................... 1025, 1034, 1317, 1326

HB 929--Worth County; Board of Commissioners; chairman;

compensation ..................................... 1025, 1034, 1317, 1327

HB 930--Catoosa County; Sheriff; compensation; budgets ...................... 1025,

1035, 1229, 1232

HB 931--Hapeville, City of; Development Authority; local

constitutional amendment continued ................ 1089, 1096, 1432, 1441

HB 932--Kennesaw, City of; Corporate Limits................................ 1089,

1096, 1561, 1568, 1570, 1575, 1847

HB 933--Newton County; Board of Commissioners;

expense allowances ................................ 1090, 1096, 1372, 1377

HB 935--Brunswick, City of; Brunswick and Glynn County

Development Authority; membership................ 1090, 1097, 1317, 1327

HB 938--Wayne County; Board of Education; elections;

continue in force.................................. 1090, 1097, 1229, 1232

HB 939--Wayne County; County Administrator;

continue in force .................................. 1090, 1097, 1229, 1233

HB 940--Wayne County; Industrial Development Authority;

continue in force .................................. 1090, 1097, 1229, 1233

HB 941--Muscogee County; Probate Court; judge;

salary ............................................ 1090, 1097, 1229, 1233

HB 943--Savannah, City of; Board of Education; retirement system;

benefits; continue in force ......................... 1090, 1097, 1432, 1441

HB 944--Glascock County; Board of Education; elections;

continue in force .................................. 1025, 1035, 1372, 1377

HB 945--Glascock County; Industrial Development Authority;

continue in force .................................. 1025, 1035, 1372, 1377

HB 946--Warner Robins, City of; Development Authority;

continue in force .................................. 1090, 1097, 1317, 1327

HB 947--Holly Springs, City of; Corporate Limits ............ 1090, 1097, 1317, 1327

HB 949--Cemeteries; Burial Places; permits for disturbing;

land development; penalties ............................. 1092, 1095, 1317,

1373, 1861, 1907, 1953, 2011, 2038, 2173, 2211, 2281

2334

JOURNAL OF THE SENATE

HB 953--Development Authorities; Disposition of Real Property; fair market value ....................... 1056, 1057, 1317, 1374, 1444, 1542
HB 954--Corporations, Partnerships and Associations; Publicly Owned Corporations; insuring employees ....................... 1091, 1095, 1371, 1435, 1672, 1821
HB 955--Bacon County; Industry Promotion; tax levy; continue in force .................................. 1090, 1098, 1229, 1233
HB 956--Bacon County; Bacon Industrial Building Authority; continue in force .................................. 1091, 1098, 1229, 1233
HB 957--Ocilla, City of; Ocilla-Irwin County Industrial Development Authority; continue in force ........................ 1091, 1098, 1317, 1327
HB 958--Moultrie, City of; Corporate Limits; council voting procedures; meetings; appointments............................ 1091, 1098, 1372, 1377
HB 961--Richmond County; County Officials; compensation .............. 1422, 1426, 1960, 1961, 1997, 2000, 2285
HB 962--Polk County; Tax Commissioner; compensation ...... 1091, 1098, 1317, 1327 HB 963--Polk County; Board of Commissioners; compensation ................. 1091,
1098, 1317, 1327
HB 966--Cobb County; State Court; clerk; chief deputy clerk; compensation ..................................... 1149, 1159, 1317, 1327
HB 968--Controlled Substances; Dangerous Drugs; change listing; distributing duplicate prescriptions ................. 1220, 1225, 1559, 1563
HB 969--Decatur, City of; Commissioners; elections; terms .................... 1150, 1159. 1561, 1568
HB 970--Greene County; School Superintendent; appointment; referendum ....................................... 1150, 1159, 1372, 1377
HB 971--Chattooga County; Tax Commissioner; school tax collection; fees; continue in force ............................. 1150, 1159, 1372, 1377
HB 972--Chattooga County; Board of Education; elections; continue in force .................................. 1150, 1159, 1372, 1377
HB 973--Monroe County; Homestead Exemption; continue in force.................................. 1152, 1159, 1229, 1233
HB 974--Augusta Judicial Circuit; Superior Court; judges salary supplement; Columbia County........................... 1283, 1304, 1431, 1438, 1576, 1633
HB 975--Athens, City of; Athens Downtown Development Authority; continue in force .................................. 1150, 1160, 1317, 1327
HB 976--Habersham County; State Court; terms; jury panels .................. 1150, 1160. 1229, 1442
HB 977--Habersham County; State Court; judge; solicitor; compensation; practice of law ................ 1150, 1160, 1229, 1442
HB 978--Habersham County; State Court; solicitors pro tempore .......................................... 1150, 1160, 1229, 1442
HB 984--Austell, City of; Corporate Limits .................. 1649, 1652, I960, 1961 HB 985--Dudley, Town of; Industry Promotion; tax levy;
continue in force .................................. 1150, 1160, 1432, 1442 HB 986--Dublin, City of; Downtown Development Authority;
continue in force .................................. 1150, 1160, 1432, 1442 HB 987--Laurens County; Board of Education; elections,
continue in force .................................. 1151, 1160, 1432, 1442 HB 988--Laurens County; Bonds; educational facilities; continue in force ....... 1151,
1160, 1432, 1442 HB 989--Dublin, City of; Dublin-Laurens County Development
Authority; continue in force ........................ 1151, 1161, 1432, 1442 HB 990--DeKalb County; Pension Board; membership;
contributions ................................................ 1151, 1161

INDEX

2335

HB 991--Spalding County; State Court; judge and solicitor; elections; compensation; powers .................... 1151, 1161, 1229, 1233
HB 992--Morrow, City of; Mayor and Councilmen; terms; quorum; compensation ..................................... 1151, 1161, 1654, 1658
HB 994--Upson County; Board of Education; temporary additional member .......................................... 1151, 1161, 1229, 1233
HB 995--Gwinnett County; Board of Registrations and Elections; create ....................................................... 1151, 1161
HB 996--St. Marys, City of; Corporate Limits ................ 1151, 1161, 1432, 1443 HB 997--Camden County; School Superintendent; appointment;
referendum ....................................... 1151, 1161, 1432, 1443 HB 1000--Baxley, City of; Corporate Limits; referendum ....................... 1218,
1225, 1561, 1568 HB 1002--Summerville, City of; Corporate Limits ............. 1218, 1225, 1561, 1568 HB 1004--Paulding County; Coroner; compensation ............ 1218, 1225, 1372, 1378 HB 1005--Paulding County; Commissioners; chairman;
compensation ..................................... 1218, 1225, 1372, 1378 HB 1006--Charlton County; Development Authority;
continue in force .................................. 1218, 1226, 1561, 1568 HB 1007--Charlton County; Commissioners; election districts;
quorum .......................................... 1218, 1226, 1561, 1568 HB 1010--Game and Fish; Nonresident Commercial Fishing License;
fees...................... 1284, 1305, 1371, 1435, 1576, 1635, 1848 HB 1012--Echols County; Development Authority;
continue in force .................................. 1218, 1226, 1317, 1328 HB 1013--Echols County; Probate Court Judge; serve County
Court; continue in force ........................... 1219, 1226, 1317, 1328 HB 1014--Quitman City of; Board of Commissioners; composition;
elections; terms; referendum ....................... 1219, 1226, 1317, 1328 HB 1015--Barnesville, City of; New Charter................... 1418, 1426, 1561, 1568 HB 1016--Rome, City of; Rome-Floyd County School System;
county-wide merger; referendum ............................... 1308, 1312, 1654, 1658, 1662, 1670, 1848
HB 1017--Turner County; Development Authority; continue in force .................................. 1418, 1426, 1850, 1852
HB 1018--Cordele, City of; Office Building Authority; continue in force............................... 1219, 1226, 1561, 1568
HB 1019--Cordele, City of; Office Building Authority; purposes; repeal specific Acts................................ 1219, 1226, 1561, 1568
HB 1027--Chatham County; Recorder's Court; chief judge; senior judge ...................................... 1308, 1313, 1432, 1443
HB 1028--Waycross, City of; Board of Education; elections; districts; terms; referendum ........................ 1308, 1313, 1432, 1443
HB 1032--DeKalb County; Board of Education; compensation; repeal Act........................................................ 1308
HB 1033--Chatham County; Law Enforcement and Jails Study Commission; create..................................... 1219, 1226, 1654, 1658, 1668, 1670, 1849
HB 1034--Newnan, City of; New Charter ..................... 1308, 1313, 1372, 1378 HB 1035--World Congress Center; Contracts; services for commerce,
trade facilities to local authorities ............................. 1282, 1302, 1559, 1563, 1861, 1910, 2019, 2025, 2181
HB 1036--Community Affairs Department; Trade Center Facilities; grants to local governments; exclusions.............. 1283, 1302, 1559, 1563, 1861, 1911, 2019, 2025, 2217
HB 1038--Clinch County; Development Authority; continue in force.................................. 1309, 1313, 1432, 1443

2336

JOURNAL OF THE SENATE

HB 1039--Clinch County; Education Board; elections; appoint

school superintendent; continue .................... 1309, 1313, 1433, 1443

HB 1040--Clinch County; Magistrate Court; law library fees .................... 1309,

1313. 1433, 1443

HB 1043--DeKalb County; Board of Commissioners; chief

executive and members, compensation ......................... 1309, 1313,

1561, 1569, 1573, 1575, 1850

HB 1045--Barrow County; Board of Commissioners; composition;

districts; chairman; quorum ........................ 1364, 1368, 1654, 1659

HB 1049--Carrollton, City of; Homestead Exemption; ad valorem tax;

continue in force.................................. 1311, 1313, 1850, 1852

HB 1050--Conyers, City of; Conyers-Rockdale-Big Haynes

Impoundment Authority; create ......................... 1364, 1368, 1561,

1569, 1571, 1575, 1848

HB 1051--Riverdale, City of; Corporate Limits ................ 1309, 1314, 1654, 1659

HB 1054--DeKalb County; Board of Education; compensation .................. 1309,

1314. 1561, 1569

HB 1055--Cook County; Board of Commissioners; compensation

1309,

1314, 1372, 1378

HB 1058--Chehaw Park Authority, Albany; members;

quorum; vacancies. ................................ 1309, 1314, 1372, 1378

HB 1059--Albany, City of; School System; merger;

continue in force .................................. 1309, 1314, 1372, 1378

HB 1060--Dougherty County; Garbage Collection Franchises;

continue in force .................................. 1310, 1314, 1372, 1378

HB 1061--Dougherty County; Board of Commissioners;

compensation ..................................... 1310, 1314, 1372, 1378

HB 1062--Dougherty County; Assessment of Property for Taxation;

continue in force .................................. 1310, 1315, 1372, 1378

HB 1063--Dougherty County; Education Board; elections; districts;

compensation; referendum ......................... 1364, 1368, 1433, 1443

HB 1064--Dougherty County; State Court; change cost and

fee provisions ..................................... 1310, 1315, 1372, 1379

HB 1065--Albany, City of; Waterworks System; bonds;

continue in force .................................. 1310, 1315, 1372, 1379

HB 1066--Albany, City of; Sewage System; disposal plant contract;

continue in force.................................. 1310, 1315, 1372, 1379

HB 1067--Albany, City of; Sewage System; assessment of costs;

continue in force.................................. 1310, 1315, 1372, 1379

HB 1068--DeKalb County; Probate Court; judge;

compensation ..................................... 1311, 1315, 1561, 1569

HB 1069--DeKalb County; Tax Commissioner; compensation .............. 1311, 1316,

1561, 1569, 1573, 1575, 1849

HB 1070--Chatham County; Tax Commissioner; office supplies;

equipment; employees ........ 1311, 1316, 1654, 1659, 1667, 1670, 1757, 1814

HB 1076--Chatham County; Commissioners; meetings; agenda; budgets;

finance committee................................. 1649, 1652, 1960, 1961

HB 1077--Clinch County; Board of Education; elections;

successors; correct error ........................... 1364, 1368, 1561, 1569

HB 1078--DeKalb County; State Court; additional assistant

solicitors ......................................... 1364, 1369, 1561, 1569

HB 1080--Ellijay; Ellijay-Gilmer County Water and Sewerage

Authority; create .................................. 1364, 1369, 1561, 1570

HB 1081--Tyrone, Town of; Mayor Pro Tern; term; mayor and council;

vacancies ......................................... 1364, 1369, 1654, 1659

HB 1082--Clayton County; Probate Court; judge;

compensation ..................................... 1365, 1369, 1654, 1659

INDEX

2337

HB 1083--Clayton County; State Court; judge; deputy clerk; solicitor; compensation ............................ 1365, 1369, 1654, 1659
HB 1084--Clayton County; Board of Education; compensation .................. 1365, 1369, 1654, 1659, 1667, 1848
HB 1085--Clayton County; Board of Commissioners; compensation ..................................... 1365, 1369, 1654, 1660
HB 1086--Clayton County; Tax Commissioner and Deputy; compensation ..................................... 1365, 1370, 1654, 1660
HB 1087--Clayton County; Officers; superior court clerk; sheriff; deputy; compensation ............................. 1365, 1370, 1654, 1660
HB 1088--Clayton County; Civil Service Board; compensation .................. 1365, 1370, 1654, 1660
HB 1090--Gumming, City of; Water and Sewer Service; boundaries; intergovernmental contracts ........................ 1423, 1427, 1850, 1855
HB 1091--Forsyth County; Board of Registrations and Elections; create ............................................ 1418, 1427, 1850, 1852
HB 1092--Auburn, Town of; Homestead Exemption; ad valorem tax; continue in force .................................. 1421, 1427, 1850, 1853
HB 1093--Colquitt County; Motor Vehicle Registration; staggered tag sales ................................ 1418, 1427, 1850, 1853
HB 1094--Jeff Davis County; Ad Valorem Tax; exempt new industry capital improvements; continue ............................ 1418, 1427, 1850, 1853
HB 1095--Brooks County; School Superintendent; appointment; referendum ....................................... 1419, 1427, 1561, 1570
HB 1096--Quitman, City of; Quitman-Brooks County School System; merger; continue in force .......................... 1419, 1427, 1561, 1570
HB 1097--Lake Park, City of; Corporate Limits ............... 1419, 1427, 1654, 1660 HB 1098--Clayton County; Water Authority;
compensation ..................................... 1419, 1428, 1654, 1660 HB 1099--Gwinnett County; Merit System; county officers authority;
unclassified personnel ............. 1423, 1428, 1561, 1660, 1662, 1669, 1670, 1855, 1858, 1860, 1959
HB 1100--Sugar Hill, City of; Homestead Exemption; ad valorem tax; continue in force .................................. 1423, 1428, 1850, 1853
HB 1101--Banks County; Industrial Building Authority; continue in force.................................. 1419, 1428, 1850, 1853
HB 1102--Gwinnett County; Board of Elections; repeal Act..................... 1419
HB 1103--Butts County; Board of Commissioners; elections; voting precincts................................... 1419, 1428, 1654, 1660
HB 1104--Talbot County; Board of Commissioners; compensation ................................................ 1419, 1428
HB 1105--Catoosa County; Development Authority; continue in force .................................. 1419, 1428, 1654, 1661
HB 1106--Catoosa County; Sewage Districts; tax levy; continue in force .................................. 1420, 1429, 1654, 1661
HB 1107--Brunswick, City of; Brunswick and Glynn County Development Authority; membership................ 1420, 1429, 1850, 1853
HB 1108--Byron, City of; Redevelopment Powers; referendum .................. 1420, 1429, 1561, 1570
HB 1109--Peach County; Redevelopment Powers; referendum .................. 1420, 1429, 1561, 1570
HB 1110--Fort Valley, City of; Redevelopment Powers; referendum ....................................... 1420, 1429, 1561, 1570
HB 1111--Houston County; Magistrate Court; law library fees ........................ 1420, 1429, 1654, 1661

2338

JOURNAL OF THE SENATE

HB 1112--Houston County; State Court; costs in civil cases .................... 1420, 1429, 1654, 1661
HB 1113--White County; Board of Commissioners; recreate .......................... 1420, 1429, 1850, 1853, 1858, 1860, 1959
HB 1118--Carroll County; State Court; solicitor; expenses; personnel. ........................................ 1420, 1430, 1850, 1853
HB 1119--Ball Ground, City of; Corporate Limits; expand...................... 1553, 1557, 1850, 1854
HB 1120--Brantley County; Development Authority; continue in force .................................. 1421, 1430, 1850, 1854
HB 1121--Clayton County; Community Improvement Districts Act; create ....................................................... 1421, 1430
HB 1122--Clayton County; Clayton County Tourism Authority; create ............................................ 1421, 1430, 1654, 1661
HB 1124--Floyd County; Tax Commissioner; compensation; supplement................................. 1553, 1557, 1654, 1661, 1662, 1669, 1670, 1855, 1859, 1860, 1959
HB 1125--Floyd County; Superior Court Clerk; Probate Court Judge; salary supplements ................................ 1553, 1557, 1654, 1661, 1662, 1669, 1670, 1855, 1859, 1860, 1959
HB 1126--Waycross, City of; Mayor; office created; elections; referendum ....................... 1553, 1557, 1654, 1661, 1667, 1670, 1848
HB 1127--Walker County; State Court; secretary .............. 1553, 1557, 1850, 1854 HB 1128--Richmond County; Board of Education;
compensation ..................................... 1553, 1557, 1654, 1661 HB 1129--Sky Valley, City of; Ad Valorem Tax; homestead
exemption; referendum ............................ 1554, 1557, 1850, 1854 HB 1132--Peachtree City; Water and Sewerage Authority;
create ............................................ 1648, 1652, I960, 1961 HB 1135--Toombs County; Board of Education; elections; composition;
districts; compensation ............................ 1648, 1652, 1960, 1961 HB 1137--Bacon County; Board of Commissioners; compensation;
expenses; per diem ................................ 1648, 1652, 1850, 1854 HB 1138--Savannah, City of; Elections; mayor, limit term;
referendum .................................................. 1701, 1706 HB 1140--Catoosa County; Coroner; compensation; clarify deputy
coroner duties .................................... 1702, 1706, 1850, 1854 HB 1141--Glascock County; Board of Commissioners; clerk; compensation;
bond; contracts ................................... 1702, 1706, 1850, 1854 HB 1142--Glascock County; Chief Deputy Sheriff; deputies;
compensation ........................... 1702, 1706, 1850, 1854 HB 1143--Marietta, City of; Corporate Limits; deannexation,
exclude certain property ................. 1709, 1960, 1962, 1998, 2000, 2285 HB 1145--Clay County; Port and Terminal Facilities; continue
contract City of Fort Gaines ....................... 1702, 1706, 1850, 1854 HB 1146--Clay County; Development Authority;
continue in force .................................. 1702, 1706, 1850, 1855
HB 1147--Fort Gaines; Industry Promotion; tax levy; continue in force .................................. 1702, 1706, 1850, 1855

INDEX

2339

House Resolutions
HR 1--House of Representatives; Notify Senate; House convened .............. 29 HR 2--General Assembly; Notify Governor; General Assembly convened ........ 29 HR 5--Joint Session; Inauguration; Governor and Lieutenant
Governor ..................................................... 31, 44, 46 HR 6--Joint Session; Governor's message ..................... 31, 44, 69 HR 7--Joint Session; General Assembly; invite Supreme and
Appellate Court Justices .......................................... 32, 44 HR 8--Adjournment; General Assembly; January 16 to January 26 ....... 32, 45, 95 HR 9--Phillips, L. L. (Pete); designate state park
conference center ........................... 470, 476, 883, 976, 1044, 1068 HR 10--Mental Health; Community Services; outpatient treatment;
joint study committee ............................. 1221, 1225, 1432, 1438, 1576, 1671, 1682, 1847
HR 11--Hodges, Ray R.; compensate .................... 821, 825, 1035, 1105, 1213 HR 17--Mobley, Matthew Paul; compensate ............. 821, 825, 1035, 1105, 1213 HR 25--Napier, Viola Ross; Portrait in Capitol Building;
authorize .................................. 96, 99, 190, 229, 284, 313, 320 HR 42--Palmer, Mickey; compensate .................... 821, 825, 1035, 1105, 1214 HR 46--Burruss, A.L. (Al), Correctional Training Center;
Designate in Forsyth, Monroe County.............................. 77, 85 HR 53--MARTA; MARTOC; advertising notice expenses;
editorial revisions ............................. 268, 272, 575, 626, 734, 756 HR 55--Hawkinsville, City of; Property Conveyance; National Guard
Armory to Pulaski Development................ 302, 306, 479, 580, 774, 797 HR 56--Persons, Allene; compensate................... 1285, 1305, 1558, 1563, 1842 HR 58--Wray, Thomas Dowden; compensate ........... 1092, 1095, 1316, 1374, 1843 HR 59--Hazardous Materials; Emergency Response Advisory Council;
chemicals or waste; recreate .......................... 568, 572, 1037, 1105, 1576, 1671, 1683
HR 60--Fannin County; Property Conveyance; Forestry Commission structure to commission ....................... 302, 306, 479, 580, 837, 864
HR 61--Muscogee County; Designate bridge for Joseph Wilson Smith ................. 268, 273, 335, 362, 405, 426, 457, 460
HR 62--Columbus, City of; Designate J. R. Alien Parkway; North Columbus Bypass .............. 268, 273, 335, 362, 405, 426, 457, 461
HR 64--Education; Adult Literacy; Governor's Task Force ................................... 470, 476, 768, 831, 892, 915
HR 69--Waters, Ports and Watercraft; Water Quality Act; marine sanitation; urge Congress reauthorize . 97, 99, 190, 229, 284, 313, 321
HR 74--Appalachian Trail Golden Anniversary Celebration; designate 1987 ................................................. 355, 362
HR 76--Social Security Act; Benefit Levels; "notch", urge Congress eliminate disparity ........................ 471, 476, 1037, 1105, 1330, 1346
HR 92--State Employees; Handicapped Persons; severely disabled; urge employment policy ............. 472, 476, 1559, 1565, 1861, 1887, 2286
HR 96--Twiggs County; Designate Homer Chance Highway; State Highway 358 ............ 268, 273, 335, 362, 405, 426, 457, 462
HR 98--Committees, Study; Energy Resources; joint committee; formulate state policy ................................. 720, 725, 828, 888, 982, 988, 1044, 1085, 1278, 1282, 1349, 1361, 2210, 2282
HR 99--Chatham County; Tybee Island; easement for fishing pier pavilion facilities ......................... 302, 306, 479, 580, 774, 780
HR 100--Property Conveyances; Graysville; Seaboard Railroad lease; to Tri-State Steel Drum Company ....... 303, 306, 479, 581, 775, 815

2340

JOURNAL OF THE SENATE

HR 101--Taliaferro County; A. H. Stephens State Park; convey

power line to Georgia Power Company

303, 306, 479,

581, 775, 836, 838

HR 109--DeKalb County; Government Study Commission

1221, 1225, 1432,

1438, 1577, 1671, 1683, 1819, 1840, 1924, 1935, 2180, 2282

HR 117--Clayton County; Official home of "Gone With The

Wind" promotion ........ ..................................... 171, 182

HR 125--Baldwin County; Property Conveyance; First Presbyterian Church,

Milledgeville........... 1093, 1095, 1431, 1438, 1577, 1671, 1684, 2036, 2183

HR 130--Seashell; Official State; designate Knobbed Whelk

355,

357, 479, 581, 774, 799

HR 133--Waycross, City of; Property Conveyance; water service

facilities easement. ............................ 472, 476, 768, 831, 892, 928

HR 146--Burruss, A.L. (Al) Correctional Training Center;

Designate in Forsyth, Monroe County

763, 766, 1099, 1167, 1235, 1276

HR 166--AIDS, Acquired Immune Deficiency Syndrome; Task Force;

Human Resources; impact report; legislative committee

1283,

1303, 1559, 1563, 1861, 1879

HR 176--Brunswick Judicial Circuit; Committee to study

division into two circuits..................... 1282, 1303, 1560, 1564, 1860,

1874, 1915, 1933, 2036, 2103, 2224, 2282

HR 188--DeKalb County; Flat Shoals Parkway;

designate ................................... 568, 572, 884, 976, 1112, 1137

HR 189--Landfills; Solid Waste; handling and disposal;

joint study committee .................................. 1092, 1096, 1317,

1374, 1577, 1671, 1687, 1847

HR 194--Evidence; Georgia Law of Evidence; study by State Bar;

encourage report .................. 1028, 1033, 1228, 1323, 1577, 1671, 1688

HR 218--Wells, Dorian Patrick; compensate............. 1285, 1305, 1558, 1564, 1843

HR 219--Education; Teacher Certification; Educational Assessment

Joint Study Committee ............ 1221, 1225, 1560, 1565, 1860, 1870, 2279

HR 230--Lopez, Nancy; professional golfer; commend ...................... 614, 627

HR 231--Knight, Ray; baseball player; commend

614, 627

HR 249--Evans, Randall, Jr.; portrait in Capitol.............................. 1154,

1158, 1317, 1374, 1577, 1671, 1689

HR 250--Calhoun County; Property Conveyance;

Forestry Commission structure to Commission

1153, 1158, 1431, 1438,

1577, 1671, 1690, 2287

HR 252--Habersham County; Property Conveyance;

Forestry Commission; Piedmont Automotive Products ................ 1154,

1158, 1431, 1438, 1577, 1671, 1691, 2287

HR 254--Fitzgerald, Bryan Todd; compensate

1285, 1305, 1558, 1564, 1844

HR 265--Wilder, William E.; compensate ............... 1253, 1266, 1316, 1374, 1845

HR 270--Reid, Frans; behalf of Lovern Terrell Matlock;

compensate.................................. 1253, 1266, 1316, 1374, 1845

HR 275--Brantley County; Property Conveyance;

Forestry Commission property to Johns Timber Company ............ 1153,

1158, 1431, 1438, 1577, 1671, 1694, 2159, 2206, 2279

HR 280--Perry, City of; Property Conveyance;

GBI property for Agricultural Exposition ....................... 1154, 1158,

1431, 1439, 1577, 1671, 1697

HR 282--Congress; Amend Constitution; limit salary increases;

urge ratify. ....................................................... 1554

HR 298--Scott, Joel E., Building; Georgia War

Veterans Nursing Home ........... 1028, 1033, 1316, 1374, 1577, 1671, 1700

HR 307--Adjournment; General Assembly, February 20

to February 23............................................. 875, 903, 960

INDEX

2341

HR 310--Cobb County; Court Consolidation Plan Study Committee ................................. 1275, 1303, 1432, 1439, 1577, 1671, 1700, 2279
HR 328--Adjournment; General Assembly, February 26 to March 2 ............................................. 1056, 1088, 1217
HR 333--Clayton County; Water Authority; recognize ......................... 1168 HR 334--Newman, Melvin L.; recognize...................................... 1168 HR 335--Casey, W.B. (Bill); recognize ....................................... 1168
HR 349--Congressional Medal of Honor; display Georgia recipients.......... 1367, 1370, 1432, 1439, 1577, 1671, 1703
HR 377--McDonald, Morris L.; commend ............................... 1449, 1566
HR 402--Adjournment; General Assembly, March 6 to March 9. .................................... 1424, 1505, 1647

2342

JOURNAL OF THE SENATE

PART III

ALPHABETICAL INDEX

ABERCROMBIE, E.L.; Commend............................................ SR 197

ABORTION; Parental Notification Act; enact ........ SB 229

AD VALOREM TAX (Also See Revenue and Taxation) Agricultural Property; preferential assessment; ownership changes ............. SB 211 Agricultural Property; preferential assessment; penalties; ownership............ HB 327 Airline Companies; penalties for late return filing ............................ HB 610 Assessment; notification; State Board of Equalization ........................ HB 611 Assessor's Office Records; public inspection.................................. HB 121 Inventories; assessment dates; constitutional amendment ...................... SR 11 Inventories; assessment dates; exception, new business enterprise ............... SB 48 Tax Executions; advertising costs; payment provisions ........................ HB 439

ADJOURNMENT General Assembly; January 16 to January 26 .................................. HR 8 General Assembly; February 6 to February 9 ................................. SR 98 General Assembly; February 9 to February 11 ............................... SR 103 General Assembly; February 13 to February 16 .............................. SR 133 General Assembly; February 20 to February 23 .............................. HR 307 General Assembly; February 26 to March 2 ................................ .HR 328 General Assembly; March 6 to March 9 ..................................... HR 402 General Assembly; March 10 to March 12 ................................... SR 223 General Assembly; sine die March 12 ....................................... SR 240

ADMINISTRATIVE PROCEDURE ACT; State agencies; proposed rule changes, effective date ................................................ SB 210

ADMINISTRATIVE SERVICES DEPARTMENT

Labor Department; agent for office space lease or rentals ..................... SB 190

State Authorities; establish liability and self-insurance program

HB 662

ADOLESCENT URINE DRUG SCREEN PROGRAM; Cobb County; commend SR 10

ADOPTION Foreign Children; special needs; joint study committee ....................... SR 109 Human Resources; increase aid, families with hard-to-place child ............... SB 19 Records; birth parent and sibling information; release procedures............... SB 63 Stepparent Adoptions; mother's affidavit regarding putative father ............. SB 43 Study Committee, Joint; special needs, foreign children ...................... SR 109

ADVERTISING Motor Vehicle Dealers; deceptive practices unlawful.......................... SB 257 Sales Seminars, Meetings; false statements; deceptive trade practices ........... SB 52

AFRICAN METHODIST EPISCOPAL CHURCH; Recognize ................... SR 136

AGBANGO, GEORGE AKEYA; Commend .................................... SR 178

AGED (See Elderly)

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INDEX

2343

AGNES SCOTT COLLEGE; Motor vehicle license plates; commemorative issuance.................................................... HB 67
AGRICULTURE Ad Valorem Tax; preferential assessment; filing; ownership changes. . .......... SB 211 Ad Valorem Tax; preferential assessment; penalties; ownership changes ..... HB 327 Agricultural Exposition; convey GBI property to City of Perry ................ HR 280 Agrirama Development Authority; employees health insurance coverage ........ HB 897 Agrirama Development Authority; travel expense reimbursement .............. HB 303 Appropriations; supplemental FY 86-87 to department ......................... HB 2 Atlanta Market for Georgia Farm Products Authority; creation................ SB 320 Atlanta Market for Georgia Farm Products Authority; creation................ HB 303 Auctioneers; bonded facilities; regulation; registration; exceptions .............. HB 300 Browne, E. Broadus, Dr.; condolences....................................... SR 122 Commissioner; appointment by Governor; amend Constitution ................ SR 132 Commissioner; appointment by Governor; not elected official.................. SB 326 Farm Bureau Day; proclaim ................................................ SR 80 Farm Loan Bonds; Georgia Allocation System ............................... HB 619 Fish Farms; commercial hatcheries; define; exceptions; licensure ................. HB 7 Fish; wholesale dealers; licensure; fees; nonresidents .......................... SB 206 Food Crops; donors to nonprofit organizations; limit liability ................... HB 73 Poultry, Domestic Fowl; disease control; regulate movement activities ...... HB 641 Regulations; commissioner, department regulate certain activities.............. SB 290 Rural Economic Development Law; enactment............................... SB 191 Rural Economic Development Plan; state agencies identified .................. HB 148 Rural Economic Development; Senate study committee....................... SR 174 Tobacco Growers; poundage allotment purchases; urge Congress enact ......... SR 114 Youth Conservation Corps; establish ......................................... HB 82
AGRIRAMA DEVELOPMENT AUTHORITY Employees health insurance coverage ....................................... HB 897 Travel expenses ......................... HB 303
AIDS, ACQUIRED IMMUNE DEFICIENCY SYNDROME Inmates; medical exams; threat of disease transmission ........................ HB 92 Task Force; Human Resources; impact report; legislative committee ........... HR 166 Tests; treatment requirements; disclosure; judicial procedures ................. HB 107
AIRPORTS (See Aviation)
ALABAMA; Nonresident commercial fishing license fees ..................... HB 1010
ALBANY, CITY OF Chehaw Park Authority; members; quorum; vacancies ....................... HB 1058 School System; merger; continue in force................................... HB 1059 Sewage System; assessment of costs; continue in force ....................... HB 1067 Sewage System; disposal plant contract; continue in force ................... HB 1066 Waterworks System; bonds; continue in force............................... HB 1065
ALCOHOLIC BEVERAGES AND ALCOHOLISM (Also See Driving Under Influence or Motor Vehicles) Alcoholics; comprehensive treatment program, extend effective date ..... SB 24 Alcoholics; involuntary treatment; disposition; noncompliance ......... SB 24 Beer or Wine Sales; prohibit near certain buildings; distances .................. SB 49 Chemical Testing; DUI injurious traffic accident requirements. ................. SB 91 Distilled Spirits; retail dealers; trade name signs ............................. HB 335 DUI; fixing punishment for violations; determining factors .................... SB 138 Education; require public school health course on alcohol abuse ................ SB 66
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2344

JOURNAL OF THE SENATE

ALCOHOLIC BEVERAGES AND ALCOHOLISM (Continued)

Inmates; jails; unlawful possession ........................................... HB 17

Lake Lanier Islands Development Authority; sales ........................... SB 130

Malt Beverages; excise tax exemption; certain alcohol content................. HB 180

Minors; DUI, underage drinking; suspend driver's license ..................... SB 120

Minors; selling or furnishing; municipal court jurisdiction

HB 289

Minors; selling or furnishing; municipal court jurisdiction ..................... SB 141

Municipal Licenses; delete certain referendum requirement

SB 283

Pregnancy; posting of warning signs ........................................ HB 431

Sales; consumption on premises; prohibit nude, sexual conduct

HB 516

Sales; prohibitions of nude and sexual conduct on premises

SB 372

Stone Mountain Memorial Association; consumption on premises

HB 810

Sunday Sales; counties of 160,000 or more; municipalities in county

HB 812

Wines; excise tax exemption; certain alcohol content ......................... HB 180

ALCORN, MIKE; U.S. Jaycee President; commend ............................ SR 111

ALIENS; Estate administrators; residency requirements ........................ HB 55

ALIMONY Divorce; uncontested; evidentiary hearings; motion to set aside ................ HB 234 Enforcement and Collection; procedures; extensive revision ................... HB 302

ALLEN, J. R. PARKWAY; Designate; North Columbus Bypass

HR 62

ALLGOOD, SENATOR THOMAS Appointed Vice Chairman, Appropriations Committee ...................... Page 442 Conferee on HB 2 to replace Senator Holloway ........................... Page 1647

AMBULANCES (Also See Emergency Medical Services) Emergency Medical Technicians; number required; driver training ............. HB 177 Licensure; emergency medical services; revisions ............................. SB 315 Motor Vehicle Insurance Coverage; requirements; operated by the state ......... HB 70

AMERICUS-SUMTER PAYROLL DEVELOPMENT AUTHORITY; Continue .................................................................. HB 64

ANATOMICAL GIFTS (Also See Organ Donors) Coroners; jurisdiction; exceptions to release of body Organ Donor and Transplant Study Committee

SB 349 SR 119

ANIMALS

Deer; hunting antlerless or either-sex on certain days ........................ HB 655

Dogs; failure to control; reckless conduct; penalties

SB 42

Foxes; hunting preserves, breeders; licensure; permits; regulate ................ HB 456

Poultry, Domestic Fowl; disease control; regulate movement .................. HB 641

Waterfowl Stamp Fund; establish .......................................... HB 326

Wildlife Importation Permits ............................................. HB 1010

Wildlife Management; increase hunting license fees to fund ................... SB 107

ANNEXATION; Municipalities; prior county approval; change population brackets

HB 66

ANTITERRORISTIC TRAINING ACT; Penalties; teaching use of firearms, weapons for civil disorder ......................................... HB 916

APPALACHIAN JUDICIAL CIRCUIT; Superior Court; additional judge; Fannin, Gilmer, Pickens Counties .......................................... SB 334

APPALACHIAN TRAIL GOLDEN ANNIVERSARY CELEBRATION Designate 1987 ............................................................ HR 74

Refer to numerical index for page numbers

INDEX

2345

APPEALS AND ERROR

Appeal Bonds; bail not granted in drug trafficking cases ...................... HB 776

Civil Actions; waiver of insufficiency of findings and conclusions............... HB 657

Death Penalty; pretrial review; elapsed terms; preclusion to appeal

SB 100

Magistrate Courts; appeals lacking substantial justification; costs

SB 196

Magistrate Courts; appeals to Superior or State Courts ....................... SB 200

Medical Malpractice Awards; decisions of arbitration panel

SB 374

Oral Arguments; location .................................................. HB 614

Sexually Transmissible Diseases, AIDS; appeals from orders

HB 107

APPLING COUNTY; Board of Education; elections; districts; continue in force.......................................................... HB 895

APPOINTMENTS BY GOVERNOR ..................... Pages 135, 945, 946, 1416,

1645, 1765, 1926, 1927

Higher Education Committee on Governor's appointees

Pages 945, 1926

Addington, Ron.................................................... Pages 137, 949

Artis, Gregory D. .................................................. Pages 136, 946

Arwood, David Grant, II............................................ Pages 136, 947

Beard, Janice...................................................... Pages 136, 947

Bell, Anne ...................................................... Pages 1646, 1766

Bingham, Paula M. ................................................ Pages 137, 949

Blake, Betty C. .................................................. Pages 1646, 1766

Boyles, Thomas F. ................................................. Pages 138, 950

Brandsma, Jeffrey Melvin .......................................... Pages 138, 950

Brannen, R. Curtis, Sr. ............................................. Pages 136, 947

Bray, Eddie Riley.................................................. Pages 136, 946

Brooks, Billy .................................................... Pages 1645, 1766

Brown, Lawrence S................................................. Pages 136, 946

Brown, L. Wayne .................................................. Pages 138, 949

Brown, Mary E. ................................................... Pages 136, 947

Buis, Joyce M. .................................................... Pages 138, 950

Campbell, Thomas Joseph .......................................... Pages 136, 947

Cheeley, C. Ron ................................................... Pages 138, 949

Clack, Tommy..................................................... Pages 139, 950

Clark, Brenda Boiler ............................................... Pages 137, 948

Cloud, Ernest W. ( Jr. ............................................ Pages 1646, 1766

Coogler, Carol E. .................................................. Pages 138, 949

Cottingham, Ricardo ............................................... Pages 136, 947

Cousins, Martha P. ................................................ Pages 137, 948

Cousins, William Lamar .......................................... Pages 1416, 1926

Craft, Cathryn Olive ............................................... Pages 138, 950

Craven, Terrell .................................................. Pages 1646, 1766

de Mayo, Richard T. ............................................... Pages 137, 948

Denney, T. Felton ............................................... Pages 1646, 1766

Doane, Christine B. ................................................ Pages 138, 949

Dobbs, William L. ................................................. Pages 138, 949

Dodd, William..................................................... Pages 137, 949

Edgecombe, Kay Lynette ......................................... Pages 1645, 1766

Evans, K. Ann..................................................... Pages 137, 949

Faress, Mary Lynn................................................. Pages 137, 948

Faulkner, James A. ................................................ Pages 138, 950

Fellows, Steven A. ................................................. Pages 137, 948

Ferguson, John H. ................................................. Pages 136, 947

Fisher, James Lee ......................................... Pages 137, 948

Refer to numerical index for page numbers

2346

JOURNAL OF THE SENATE

APPOINTMENTS (Continued)

Foskey, Gerald .................................................... Pages 139, 950

Franzoni, Janet B. ................................................. Pages 138, 949

Gerlach, C. Frederick .............................................. Pages 137, 948

Glass, Brooks K.................................................... Pages 139, 950

Goodrich, Diane Young............................................. Pages 137, 948

Hall, Wilhelmina .................................................. Pages 137, 949

Hamilton, Charles ............................................... Pages 1646, 1766

Hargreaves, Leon A., Jr. ...................

Pages 136, 947

Harper, Eugene.................................................. Pages 1646, 1766

Harris, Lillo Walker................................................ Pages 137, 948

Henegan, Sandra .................................................. Pages 137, 948

Henson, Stephen Bradley ........................................... Pages 136, 947

Herndon, Robert H................................................. Pages 137, 948

Hoffman, Frank ................................................... Pages 137, 948

Holland, Mimi.......................................... Pages 138, 949, 1646, 1766

Hood, Hoyle D..................................................... Pages 137, 948

Howren, Michael R................................................. Pages 135, 946

Hudgins, H. T. .................................................... Pages 136, 947

Husband, J. D. .................................................. Pages 1646, 1766

Imara, Saburi ..................................................... Pages 137, 949

Jackson, Cennette Fisher ........................................... Pages 137, 948

Johns, Jimmy C.................................................... Pages 137, 948

Johnson, William E. ............................................. Pages 1646, 1766

Jones, H. Lyle ..................................................... Pages 136, 947

Kassing, Jane M. .................................................. Pages 138, 950

Kinney, Davis ..................................................... Pages 136, 947

Klemmetsen, Alice ................................................. Pages 138, 949

Kunkes, Jeffrey A. ................................................. Pages 138, 950

Lance, William R., Jr. ............................ Pages 136, 947

McCant, Barbara Jean ............................................. Pages 137, 948

McConnell, Gary................................................. Pages 1646, 1767

McKibben, Claude A. .............................................. Pages 136, 947

Menifee, Edward, Sr.............................................. Pages 1646, 1766

Merica, Stanley H.................................................. Pages 136, 947

Miller, Johnnie R. ............................................... Pages 1646, 1766

Miller, M. Yvette .................................................. Pages 138, 950

Mills, Johnny. ..................................................... Pages 138, 950

Moody, Bobby D. .................................................. Pages 138, 950

Moon, Peggy I. .................................................... Pages 136, 947

Moore, David L. ................................................... Pages 139, 950

Morris, Warren G. ............................................... Pages 1645, 1766

Nelson, Ed ...................................................... Pages 1646, 1767

Nichols, Roy .................................................... Pages 1646, 1766

Nix, Ronald ....................................................... Pages 138, 950

Oxendine, James W. ............................................... Pages 139, 951

Perkins, Julia L. ................................................. Pages 1646, 1766

Prickett, John S., Jr. ............................................... Pages 137, 949

Purser, Hoyt ...................................................... Pages 136, 947

Raines, Jack A. .................................................... Pages 137, 948

Richardson, Joe ............

Pages 138, 949, 1646, 1766

Rickett, Kenneth .................................................. Pages 136, 946

Rivers, Joe Murray .............................................. Pages 1646, 1767

Robinson, J.B...................................................... Pages 139, 950

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INDEX

2347

APPOINTMENTS (Continued) Rochelle, Jerry .................................................... Pages 138, 949 Ross, Leigh Boyd .................................................. Pages 139, 950 Rudert, Edward H. ................................................ Pages 135, 946 Salmon, Sherold ................................................... Pages 139, 950 Sears, Joe ........................... Pages 138, 949 Shead, Arvis E., Sr. .............................................. Pages 1646, 1766 Sloop, Betty....................................................... Pages 138, 949 Snow, Mary Alice .................................................. Pages 138, 950 Solodar, Helena Stern .............................................. Pages 136, 947 Spain, William H. ................................................. Pages 136, 947 Spencer, Gerald L. ................................................. Pages 136, 946 Staats, Ethan F.................................................... Pages 137, 948 Steding, Patricia J. ................................................ Pages 135, 946 Stephens, Linda C.................................................. Pages 138, 949 Taylor, Dandy P. .................................................. Pages 138, 949 Thibadeau, John S., Sr. ............................................ Pages 138, 950 Thomas, Robert M. ................................................ Pages 136, 947 Toth, Floyd ............................................ Pages 138, 949, 1646, 1766 Turner, William B. ............................................ Pages 138, 945, 950 Vickers, Myrtle A. ................................................. Pages 137, 949 Walker, Costelle B. ................................................ Pages 138, 949 Walker, Jessie S. .................................................. Pages 137, 948 Walker, Solomon W., II ............................................ Pages 137, 948 Walker, Woodrow, Jr. .............................................. Pages 136, 947 Watkins, Carolyn W. ............................................... Pages 138, 950 Weeks, Rebecca J. ................................................. Pages 138, 949 Weems, Orange .................................................... Pages 136, 947 Westbury, James R................................................. Pages 137, 949 Wills, Josie........................................................ Pages 138, 949 Wilson, Charles H., Jr. ............................................. Pages 137, 948 Woodall, John T. .................................................. Pages 137, 948 Word, David .................................................... Pages 1646, 1767

APPROPRIATIONS AND FISCAL AFFAIRS Appropriations; general FY 1987-88......................................... HB 226 Hospital Care for Nonresident Indigents .................................... HB 707 Labor Department; supplemental appropriation; unemployment trust fund . . . . . HB 562 State Children's Trust Fund ............................. SB 159 Supplemental Appropriations; FY 1986-87................................... HB 225 Supplemental; prohibit except in emergencies; voting procedure ................ SR 86 Supplemental; FY 6-30-87; certain agencies, bonds, capital outlay ............... HB 2

APPROPRIATIONS COMMITTEE; Senators Allgood appointed Vice Chairman, Dawkins, Secretary....................................... Page 442

ARBITRATION

Code Revision; repeal common law provisions; revise extensively

..... SB 73

Medical Malpractice Claims for Damages; procedures ........................ SB 374

AREA PLANNING AND DEVELOPMENT AUTHORITIES (See Development Authorities)

ARTS Art In State Buildings Program; establish; budget; rights of artist .............. SB 25 Citizens for the Arts; commend ............................................. SR 95 Development Fund; create through legislation ................................. SR 8

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2348

JOURNAL OF THE SENATE

ARTS (Continued) Development Fund; grants; state tax refund donations ........................ SR 23 Music Industry; study committee; citizens' advisory council .................... SR 91 Residential High Schools Joint Study Committee ............................. SR 70 Youth Art Month; encourage observance in March ........................... SR 151

ASBESTOS SAFETY ACT; Licensure of contractors; exemptions ............. HB 463

ASSAULT AND BATTERY Battery; define offense, set punishment, sentence ............................ SB 203 Simple Battery; against elderly persons; penalties ............................. HB 99

AT&T EMPLOYEES, FORMERLY WESTERN ELECTRIC; Relative to ........ SR 233

ATHENS, CITY OF Athens Downtown Development Authority; continue in force.................. HB 975 Clarke County-Athens; additional tax levies; continue in force................. HB 535

ATHENS PUPPET THEATRE COMPANY; Commend ..... SR 34

ATHLETICS Boxing and Wrestling; create state commission to regulate ...................... HB 9 Boxing Match Licenses; redefine; include kick boxing, contact karate .......... HB 558 Nonprofit Athletic Programs; liability limitations; torts .... SB 50 Private Associations; activities in public schools; ruling appeals ............... SB 126

ATLANTA, CITY OF Atlanta Market for Georgia Farm Products Authority; creation................ HB 303 Atlanta Market for Georgia Farm Products Authority; creation................ SB 320 Bonded Indebtedness; incur without referendum; debt limitation ............... SR 99 Downtown Development and Urban Redevelopment Areas; contracts ........... SB 85 Hotel-Motel Tax; excise tax rate; expenditures .............................. HB 563 Mayor; authority to enter certain contracts; limitations; time period ........... SB 263 Municipal Court; costs; proceedings against tenants holding over .............. SB 212 Residential Finance Authority; housing; loans; bonds; powers .................. SB 83 Traffic Courts; senior judges ................................................ SB 82 Underground Project; property lease; Plaza Park, Meat Row Strip.............. SR 45 Urban Enterprise Zones; percentage of total jobs lost ........................ SB 319

ATLANTA UNIVERSITY; Commend ........................................ SR 198

ATTORNEYS (Also See Courts, Civil Practice, or Criminal Proceedings)

Alimony, Child Support; DHR representation; enforcement proceedings

HB 302

Appeals from Magistrate Courts; litigation expenses .......................... SB 196

Civil Court Judge Pro Tempore; serve as magistrate pro tempore.............. HB 585

Fees; county administrators of estates; qualification; residency ................ HB 497

Fees; eminent domain proceedings; payment provisions ....................... HB 436

Fees; guardianship hearings; apply to Probate Court judge .................... SB 236

Fees; state agencies; public officers, employees proceedings..................... SB 47

General Assembly Members; right to practice law ............................ HB 369

Magistrates; restrictions; make language gender neutral........................ SB 44

State Bar; compare Georgia Law of Evidence with federal rules ............... HR 194

AUBURN, TOWN OF; Homestead exemption; ad valorem tax; continue in force......................................................... HB 1092

AUCTIONEERS Poultry Market Operators; regulate activities; disease control ................. HB 641 Registration; companies; fees; licensure; local government regulation ........... HB 300

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INDEX

2349

AUDITS Legislative Services; management; public inspection .......................... HB 387 Local Governments; alternative financial reports ............................. HB 178 Superior Court Judges, Senior Judges; expense filing requirements ............ HB 877

AUGUSTA COLLEGE; Motor vehicle license plates; commemorative issuance HB 873

AUGUSTA JUDICIAL CIRCUIT Superior Court; judges salary supplement; Burke County ..................... HB 754 Superior Court; judges salary supplement; Columbia County .................. HB 974 Superior Court; terms for Burke County .................................... HB 755

AUSTELL, CITY OF; Corporate limits ..................................... HB 984

AUTHORITIES (Also See Development Authorities)

Agrirama Development Authority; employee health insurance coverage

HB 897

Agrirama Development Authority; travel expenses............................ HB 303

Cities of 400,000; contracts, Downtown Development area..................... SB 263

County Building Authority; Fulton; bonds; judicial facility .................... HB 607

Development Authorities; dispose of property for fair market value ............ HB 953

Downtown Development, Urban Redevelopment, Atlanta; contracts ............. SB 85

Governmental Entities as Parties in Court Actions; real property .............. HB 843

Housing Authorities; private enterprise agreements; bond sales ................ HB 309

Jekyll Island-State Park Authority; employee benefits; exclusions.............. HB 193

Jekyll Island-State Park Authority; ordinances; court jurisdiction.............. HB 741

Local Public Authorities; self-insurance funds; excess insurance ............... HB 245

Metropolitan APDC; annual resident populous assessments .................... HB 80

Municipal Gas Authority; creation .......................................... HB 328

Private Colleges and Universities Authority; loans; bonds; proceeds ............ SB 371

Private Colleges and Universities Authority; members; disposition of funds . . . . . HB 307

State; liability and self-insurance program................................... HB 662

State; penal ordinances; magistrate court jurisdiction ......................... SB 131

Urban Residential Finance Authority, Atlanta; powers, loans, bonds ............ SB 83

Urban Residential Finance Authority; bonds; allocation system ................ HB 619

AUTOMOTIVE GASOLINE MANUFACTURERS; Prohibited marketing practices ....................................................... SB 177

AVIATION

Airlines; penalties for late ad valorem tax return filing ....................... HB 610

Airport Noise; impaired redevelopment areas ................................ HB 561

Airport Property; leases; counties 550,000 or more; taxable estate

HB 455

Museum of Aviation, Robins Air Force Base; commend........................ SR 93

B
BACON COUNTY Bacon Industrial Building Authority; continue in force ....................... HB 956 Board of Commissioners; compensation; expenses; per diem ................. HB 1137 Industry Promotion; tax levy; continue in force .............................. HB 955
BAD CHECKS Contracts; damages; court costs; form of notices; venue ....................... SB 256 Magistrate Courts; jurisdiction; trial state, superior .......................... SB 195 Magistrate Courts; misdemeanor violation; trial procedures .................... HB 76 Present Consideration; credit extension; waiver of lien rights .................. HB 649
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2350

JOURNAL OF THE SENATE

BAIL (Also See Bonds) Appearance Bonds; forfeiture procedures; surety liability ...................... HB 35 Criminal Cases; deposits; hearings; forfeiture procedures ........................ SB 8 Drug Trafficking, Child Molestation; non-bailable offenses; superior court jurisdiction; appeal bonds................................................ HB 776 Jumping; misdemeanor and felony offenses; redefine; notices .................. HB 768 Jumping; out-of-state bail jumping; define; penalties ......................... SB 163 Uninsured Motorists; deposit of driver's license in lieu of bail.................. HB 70

BALDWIN COUNTY Board of Commissioners; elections; terms; districts ............................ SB 74 Property Conveyance; Baldwin County Home for Elderly; Milledgeville ......... SR 17 Property Conveyance; easement; O.O. Banks and Marguerite Banks ........... SR 157 Property Conveyance; First Presbyterian Church, Milledgeville ............... HR 125

BALL GROUND, CITY OF; Corporate limits; expand ..................... .HB 1119

BALL, MARLESA, MISS GEORGIA; Recognize............................... SR 107

BANKING AND FINANCE

Amend Various Code Sections; financial services, branches, officers, notices. . . . . SB 220

Bad Checks; damages; service charges; form of notices; venue ................. SB 256

Bad Checks; magistrate court jurisdiction; misdemeanor violations .............. HB 76

Bad Checks; magistrate courts; jurisdiction; trial procedures .................. SB 195

Bad Checks; present considerations; exceptions .............................. HB 649

Business Development Corporations; member loans; maximum; duration ....... HB 720

Check or Money Order Sellers; cashing or redemption requirements

.... SB 288

Credit Card Banks; regulations............................................. SB 254

Credit Card Lenders; loan finance charges; maximum interest rates ............ SB 192

Credit Repair Services Organizations; operation prohibited.................... HB 678

Credit Unions; liability of directors; equity capital investment................. HB 283

Debtor Group Life Insurance; maximum coverage ............................ HB 553

Document Reproduction Costs; reimbursement; judicial proceedings ............ SB 80

Foreign Depository Financial Corporations; intangible taxation ................ SB 261

Industrial Loan Licensees; campaign contributions prohibitions. ................ SB 18

Industrial Loan Licensees; prohibit certain campaign contributions ........ SB 76

Liability of Officers, Shareholders; amend various Code sections ............... SB 220

Mortgage Lenders; Georgia Residential Finance Authority .................... SB 123

Mortgagees; interest on escrow funds; residential property .................... SB 168

Notices; registration; stock; initial directors; family members .................. SB 220

Post-Judgment Interest; automatic applicability ............................. HB 241

Public Funds; depositories; calculation of amount of security.................. SB 104

Public Funds; depositories; security amount; deduct deposit insurance ......... SB 105

Regional Interstate Banking; Maryland, District of Columbia ................. SB 216

Registration; notices; out of state banks; financial services; branch offices;

directors; credit unions; holding companies ................................ HB 283

Savings and Loan Associations; branch offices ............................... SB 220

State Bonds; interest, limit federal tax; constitutional convention............... SR 44

Tax Collection Depository; lock box system; contracts ........................ HB 698

BANKS, COUNTY; Industrial Building Authority, continue in force ......... .HB 1101

BANKS, O.O. AND MARGUERITE W.; Property conveyance ........ SR 157

BARNESVILLE, CITY OF Barnesville/Lamar County Development Authority; continue in force .......... HB 834 New Charter ........................................................... .HB 1015

BARRETT, CARL; Cherokee County; commend ................................ SR 29

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INDEX

2351

BARROW COUNTY Board of Commissioners; composition, districts; chairman; quorum ........... HB 1045 Industrial Building Authority; continue in force.............................. HB 396 School System; creation; continue in force................................... HB 395 Water and Sewerage Authority; create ...................................... HB 829

BARTOW COUNTY Board of Education; elections; continue in force ............................. HB 851 Board of Education; elections; terms; referendum ............................ HB 853 School District; homestead exemption; referendum ........................... HB 850 School Superintendent; appointment; referendum ............................ HB 852

BATMAN AND ROBIN; Television personalities, remarks.................... Page 937

BATTERY (See Assault and Battery)

BAXLEY, CITY OF; Corporate limits; referendum .......................... HB 1000

BEASLEY, JULIE; National 4-H champion; commend .......................... SR 59

BEER (See Alcoholic Beverages and Alcoholism)

BEN HILL COUNTY; Fitzgerald-Ben Hill County Development Authority; continue in force.......................................................... HB 403

BERTOLI, RICHARD W.; Commend......................................... SR 205

BIBB COUNTY

Macon-Bibb County Water and Sewerage Authority; compensation

SB 251

Macon-Bibb County Water and Sewerage Authority; property liens ............ SB 252

Property Leases; Lake Tobesofkee Recreation Area, Grand Opera House

HB 630

BIDS (See Contracts or Transportation)

BLECKLEY COUNTY

Bleckley-Cochran Industrial Development Authority; continue in force

HB 208

Board of Education; elections; continue in force ............................. HB 205

Board of Education; nonpartisan elections; referendum ....................... HB 207

Commissioner; compensation ............................................... HB 206

BLIND PERSONS Advisory Commission on Programs for the Blind; create ...................... SB 318 Training in State Facilities; study committee ................................ SR 124

BLOOD DONORS; Patient furnish own; storage programs ........... HB 462

BLOOMINGDALE, CITY OF; Corporate Limits .................... HB 833

BOATS

Accident Reports; numbering; flotation devices; engine exhaust

HB 239

Marine Toilets; water pollution regulations; sewage; prohibitions .............. HB 308

Safety Zones; Lake Hartwell; boat traffic rules ............................... HB 239

Vehicles Transporting Boats; length permits................................. HB 445

BOILERS AND PRESSURE VESSEL SAFETY ACT; Inspections; special investigators; limit liability of State .................................. HB 132

BOLING, CHIP; 'Gone With the Wind' characterization ....................... SR 235

BOMBS; False or facsimiles; prohibitions; penalties ........................... HB 601

BONDS

Bail; deposits, hearings; forfeiture procedures

........... SB 8

Criminal Procedure; drug trafficking, child molestation cases .................. HB 776

Criminal Procedure; notify surety of arraignment date ....................... HB 117

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2352

JOURNAL OF THE SENATE

BONDS (Continued)

Criminal; sureties; release from liability; surrender principal; procedures;

detainers; remission of forfeitures ......................................... HB 35

General Obligation; proceeds; libraries, water, sewer facilities.................. HB 647

Georgia Allocation System; create; special pools.............................. HB 619

Housing Authorities; private enterprise agreements; sale notices

HB 309

Housing; Urban Residential Finance Authority; Atlanta ....................... SB 83

Local Government Investment Pool; proceeds................................. HB 45

Mechanic's or Materialman's Liens; bond amount for release.................. SB 340

Revenue; local development authorities; investment authorization ............. SB 327

Revenue; Private Colleges Authority; Georgia Student Finance Commission SB 371

Revenue; Residential Energy Finance Authority ............................. SB 123

Revenue; resource recovery development; sale of useful energy ................ SB 336

Surety; probate court judges as custodian of certain funds .................... HB 624

Surety; public depositories; calculate amount to secure public funds ........... SB 104

Surety; public depositories; pledged security amount ......................... SB 105

BOWEN, SENATOR ROONEY; Excused................................. Page 859

BOWERS, MARIA: National 4-H champion; commend .......................... SR 51

BOXING AND WRESTLING, STATE COMMISSION; Create

HB 9

BOXING; Licenses, professional matches redefined ............................ HB 558

BRADLEY, C.W.; Designate bridge, Murray County ........................... SR 12

BRANNON, SENATOR MAX; Excused ............................ Pages 141, 1262

BRANTLEY COUNTY Development Authority; continue in force .................................. HB 1120 Property Conveyance; Forestry Commission property to Johns Timber Company ................................................. HR 275

BRAZEAL, MARVIN E.; Commend

......... SR 193

BRIDGES (See Highways, Bridges and Ferries)

BROOKS COUNTY Quitman-Brooks County School System; merger; continue in force ............ HB 1096 School Superintendent; appointment; referendum ........................... HB 1095

BROWN, SENATOR PARKS; Excused during hospitalization ......... Pages 45, 1697

BROWNE, E. BROADUS, DR.; Agriculture educator, condolences............... SR 122

BRUNSWICK, CITY OF

Brunswick-Glynn County Development Authority; continue in force ........... HB 620

Brunswick-Glynn County Development Authority; membership ................ HB 935

Brunswick-Glynn County Development Authority; membership.............. HB 1107

Brunswick-Glynn County; sewage system, continue in force ................... HB 510

Downtown Brunswick; district; ad valorem taxes; continue in force ............ HB 762

Municipal Port and Terminal Facilities; continue in force .................... HB 511

Natural Resources Coastal Office; property exchange conveyance

SR 120

BRUNSWICK JUDICIAL CIRCUIT Committee to study division into two circuits ............................... HR 176 Superior Court; additional judge ........................................... HB 271

BUDGET (See Appropriations and Fiscal Affairs)

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INDEX

2353

BUILDING AUTHORITY, GEORGIA

Appropriations; supplemental for Capitol Hill buildings renovation .............. HB 2

Art In State Buildings Program; establish; annual budget item ................. SB 25

Capitol Building Grounds; Park of Honor Joint Study Committee

SR 147

Evans, Randall, Jr.; portrait in Capitol

HR 249

Napier, Viola Ross; portrait in State Capitol ................................. HR 25

Sloppy Floyd Veterans Building; display; Medal of Honor recipients

HR 349

Talmadge Monument; site selection study committee

SR 177

BUILDINGS AND HOUSING (Also See Housing)

Art in State Buildings Program; establish; annual budget item

SB 25

Authorities; projects; private enterprise management; bonds; powers

HB 309

Construction Activity Prohibition on Abandoned Landfills Act; enact

HB 435

Elevators; installation; inspection; permits; accident reports

HB 840

Handicap Accessibility to Parking Lots, Garages and Spaces ................... SB 36

Handicapped Persons; access to facilities; standards

HB 797

Housing Bonds; Georgia Allocation System; state ceiling ...................... HB 619

Housing Bonds; Urban Residential Finance Authority; Atlanta ................. SB 83

Mobile Homes, Trailers; removal landlord property; fees; storage

HB 291

Residential Finance Authority; low-income credit, assistance; bonds............ SB 123

Smoke Detectors; installation; inspection .................................... HB 840

Smoke Detectors; require in buildings with sleeping accommodations .......... HB 311

Smoke Detectors; required in new residential construction ..................... SB 10

Structural Inspections; single-family dwellings; requirements

SB 310

BULLOCH COUNTY

Clerk of the Superior Court; employees; compensation........................ HB 884

Probate Court; clerk; part-time employees; compensation

HB 887

Sheriffs Office; deputies; office clerk; compensation .......................... HB 885

Tax Commissioner; assistants; clerical help; compensation

HB 886

BUMPER STICKERS; Motor vehicles; prohibit profane, lewd words .......... HB 172

BURKE COUNTY State Court; change terms ................. HB 756 State Court; fees charged, collected by clerk................................. HB 138 Superior Court; judges salary supplement ................................... HB 754 Superior Court; terms; Augusta Judicial Circuit.............................. HB 755

BURNES, HARVEY, JR.; Floyd County; commend ............................ SR 192

BURRUSS, A.L. "AL", CORRECTIONAL TRAINING CENTER Designate in Forsyth, Monroe County ....................................... HR 46 Designate in Forsyth, Monroe County ...................................... HR 146

BURSON, BENJAMIN THOMAS, JR.; Condolences............................ SR 90

BUSSES

Equipment; colored flasher lights; change requirements ........................ SB 90

Motor Carrier Registration; subject municipal regulation

HB 743

Seat Belts on School Buses Study Committee ................................ SR 20

Van-Type Vehicles; transport passengers for hire; license fees

HB 162

BUSINESS (See Commerce and Trade or Professions and Businesses)

BUTTS COUNTY
Board of Commissioners; elections; voting precincts ......................... HB 1103 Board of Education; election; school superintendent; appointment; referendum HB 903 Butts County, City of Flovilla, City of Jackson, and City of Jenkinsburg Water and Sewer
Authority; membership vacancies ......................................... HB 904

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2354

JOURNAL OF THE SENATE

BYRON, CITY OF Corporate Limits ......................................................... HB 825 Redevelopment Powers; referendum ....................................... HB 1108

CALHOUN, CITY OF; HAND UP, INC.; funds appropriation; continue in force .................................................................. SB 213

CALHOUN COUNTY; Property conveyance; Forestry Commission structure to Commission ................................................... HR 250

CAMDEN COUNTY Board of Commissioners; elections; districts; terms; referendum ............... HB 906 Board of Education; elections; districts; terms; referendum; Act continuing local constitutional amendment repealed ....................................... HB 907 School Superintendent; appointment; referendum ............................ HB 997

CAMILLA, CITY OF; Mayor and councilmen; compensation..... HB 577

CAMPAIGN AND FINANCIAL DISCLOSURE (Also See Ethics or Elections Contributions; candidates for state offices; filing exceptions .................... SB 26 Contributions; insurance commissioner prohibitions ................ SB 76 Contributions; limit monetary amounts; transfer excess funds ................. SB 234 Contributions; redefine; recall; reports; complaints ............................ SB 97 Contributions; reports; filing, recall elections; state commission ................ HB 187 County and Municipal Elected Officials; defined ............................. SB 309 Ethics in Government Act; excess contributions; recall elections ............... SB 156

CANDIDATES (See Elections)

CANDLER COUNTY Industrial Authority; continue in force ...................................... HB 857 State Court; new trials; grounds and procedures ............................. HB 856

CAPITAL PUNISHMENT (See Death Penalty or Courts)

CARPET EXPOSITION CENTERS; Exclude from certain grants ........... HB 1036

CARROLL COUNTY

State Court; judge, solicitor, judge's secretary; compensation

HB 789

State Court; solicitor; expenses; personnel .................................. HB 1118

CARROLLTON, CITY OF; Homestead exemption; ad valorem tax; continue in force ................................................................ .HB 1049

CARROLLTON HIGH SCHOOL DEBATE TEAM; Commend ................. SR 150

CARTER, LORAN "SONNY"; Condolences ................................... SR 181

CARTER, STELL; Commend .............................. SR 183

CASEY, W.B., "BILL" Commend ................................................................ SR 173 Recognize ...................................... HR 335

CATOOSA COUNTY Coroner; compensation; clarify deputy coroner duties........................ HB 1140 Development Authority; continue in force .................................. HB 1105 Hospitalization Insurance for Officials, Employees; bids....................... HB 679 Lakeview-Fort Oglethorpe-Catoosa County Stadium Authority; continue ........ SB 69

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INDEX

2355

CATOOSA COUNTY (Continued)

Property Conveyance; Graysville; to Tri-State Steel Drum Company ........... HR 100

Sewage Districts; tax levy; continue in force ................................ HB 1106

Sheriff; compensation; budgets

HB 930

Tax Administrators Board; continue in force ................................ HB 869

CEMETERIES

Burial Places; permits for disturbing; land development; penalties

HB 949

Georgia War Veterans Cemetery; establish .................................. SB 359

CENTRAL HIGH SCHOOL FOOTBALL TEAM; Commend .................... SR 47

CERTIFICATE OF NEED

Hospitals; annual reports to Health Planning Agency......................... HB 255

Hospitals; grants; conditions; trust funds for indigent care

HB 708

CHAPLAINS OF THE DAY Appleton, John ......................................................... Page 976 Austin, Thomas A. ..................................................... Page 1656 Calvo, Randy ........................................................... Page 339 Coker, Sam ............................................................ Page 139 Corley, W. C............................................................ Page 832 Deal, Nathan .......................................................... Page 1375 Edmonds, James ........................................................ Page 888 Guido, Michael A. ....................................................... Page 13 Hatney, J. R............................................................. Page 44 Heinsohn, Jack ........................................................ Page 1168 Horton, John ........................................................... Page 276 Hutto, James .......................................................... Page 1566 Huyck, Albert .......................................................... Page 423 Johns, lan ............................................................. Page 230 Johnson, Frank .......................................................... Page 58 Landers, Bill ........................................................... Page 362 Lovelace, David......................................................... Page 483 Ma Gill, Herbert L. ...................................................... Page 88 Maxey, Don ............................................................. Page 68 Morehead, Warren ..................................................... Page 1106 Motley, A. W. ......................................................... Page 1440 Myers, Albert ......................................................... Page 1960 Nelson, Wayne ......................................................... Page 627 Nimmons, Billy......................................................... Page 155 Paulk, Earl P. ......................................................... Page 1323 Sasser, M. Franklin ..................................................... Page 181 Shepherd, H. F. ........................................................ Page 730 Sims, James H., Jr. .................................................... Page 1039 Skillrud, Harold ....................................................... Page 1230 Smith, Queon .......................................................... Page 581 Stovall, Robert ......................................................... Page 194 Stumbaugh, Lawrence (Bud) ............................................ Page 1851 Vaughn, Bert........................................................... Page 453 Waters, Jack ........................................................... Page 310 Willis, Jimmy .......................................................... Page 400 Withers, Harold ........................................................ Page 771

CHARITABLE ORGANIZATIONS (See Nonprofit Organizations)

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2356

JOURNAL OF THE SENATE

CHARLTON COUNTY Commissioners; election districts; quorum .................................. HB 1007 Development Authority; continue in force .................................. HB 1006

CHATHAM COUNTY Commissioners; meetings; agenda; budgets; finance committee ................ HB 1076 Juvenile Court; judge; compensation ......................................... HB 78 Law Enforcement and Jails Study Commission; create....................... HB 1033 Magistrate Court; appointment of additional magistrates ...................... HB 79 Magistrate Court; law library fees .......................................... HB 441 Recorder's Court; chief judge; senior judge ................................. HB 1027 Redevelopment Powers; referendum . . ...................... ................ SB 387 Savannah; convey state property; White Bluff Road improvement .............. SR 19 School System; local constitutional amendment continued .................... HB 889 Tax Assessor Board; merger; chief tax assessor; continue in force .............. HB 879 Tax Commissioner; office supplies; equipment; employees .................... HB 1070 Tybee Island; easement for fishing pier, pavilion facilities...................... HR 99

CHATTAHOOCHEE COUNTY; Motor vehicle registration; staggered tag sales ..................................................................... HB 112

CHATTOOGA COUNTY Board of Education; elections; continue in force ............................. HB 972 State Court; judge; solicitor; secretary; compensation ......................... HB 894 Tax Commissioner; school tax collection; fees; continue in force ............... HB 971

CHEHAW PARK AUTHORITY, ALBANY; Members; quorum; vacancies HB 1058

CHEROKEE COUNTY

Airport Authority; continue in force ........................................ HB 322

Board of Education; continue in force; merger ............................... HB 323

Development Authority; continue in force ....

HB 320

Fire Protection and Sewerage Districts; continue in force ..................... HB 321

Motor Vehicle Registration; staggered tag sales .............................. HB 325

CHILD ABUSE (Also See Minors) Child Pornography; possession unlawful, definitions ........ SB 67 Molestation; not bailable offense; superior court jurisdiction .................. HB 776 Prevention Act; enact; create Children's Trust Fund ......................... SB 159 Protocol Committees; county agencies; reports ............................... HB 913 Sexual Abuse; evidence; spouse's testimony compellable ....................... SB 34 Sexual Offenses; change age of consent to under 17 ............................ SB 5 Shelter Care; juvenile court judge approve placement ........................ HB 501

CHILD CARE CENTERS (Also See Day Care Centers or Personal Care Homes)

Licensing; educational curriculum; emergency numbers; space .................. SB 96

Licensing; repeal temporary licensing provisions; records check ................ HB 742

Location of; residential facilities; prohibit public hearings

..... SB 114

Religious Nonprofit; preschool programs; licensure; inspections ................ SB 111

CHILD SUPPORT

Enforcement and Collection; procedures; extensive revision ................... HB 302

Enforcement Proceedings; immunity, court witnesses ......................... SB 270

Evidentiary Hearings; uncontested divorce; statute of limitations

HB 234

Human Resources; collect interest on judgments ............................. SB 271

Human Resources; enforcement; reimbursement for attorney's fees ............ SB 272

Income Disregard in Computing Public Assistance; AFDC payments ........... HB 882

Parent's Duty of Support; mentally, physically disabled minors ................ SB 35

Recovery; state, local, private employers provide DHR information

HB 625

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INDEX

2357

CHILD SUPPORT (Continued) Substandard Support Requiring Public Assistance; parent's liability

.SB 269

CHILDREN (See Minors) .........................................................

CHILDREN'S TRUST FUND; Child Abuse and Neglect Prevention Act; enact .................................................................... SB 159

CHIROPRACTORS; Scope of practice; education; ancillary procedures. ........ SB 235

CHURCHES Preschool Programs; licensure; fire, health inspections ........................ SB 111 Wine or Malt Beverages; prohibit sales near certain buildings .................. SB 49

CITIES (See Municipalities or Local Government)

CIVIL ACTIONS Judgments; motion to set aside; lack of jurisdiction over person ............... HB 224 Seat Safety Belts; recovery of damages; failure to wear ........................ SB 64

CIVIL DEFENSE (See Emergency Management)

CIVIL PRACTICE (Also See Courts)

Appeals; final orders of Human Resources Department; jury trials ............. SB 321

Arbitration; extensive code revision .......................................... SB 73

Arbitration; medical malpractice claims for damages; procedures .............. SB 374

Bad Checks; damages; services charges; form of notice; venue ................. SB 256

Depositions; recording or video taping procedure.............................. SB 46

Fiduciaries; judgments; probate court jurisdiction; certain counties............. SB 275

Food Donors; limit tort liability; nonprofit organizations ....................... HB 73

Habeas Corpus Clerk for Certain Judicial Circuits; number of writs ........... SB 388

Immunity; mitigating effects of hazardous materials discharge................. SB 136

Insurance; property or casualty; impact study civil law changes ............... HB 508

Judgments; findings; appeals; waiver of insufficiency of findings; statute

of limitation ............................................. HB 657

Judgments; motion to set aside; lack of jurisdiction over person ............... HB 224

Judicial Sales; property under execution; time of conducting .................. SB 158

Magistrate Courts; appeals; litigation expenses; attorney's fees ................ SB 196

Magistrate Courts; appeals to superior or state courts ........................ SB 200

Magistrate Courts; jurisdiction in civil claims ................................ SB 199

Malpractice; summary judgment; affidavit of conduct; motions ................ SB 347

Medical Malpractice Reform Act; actions limited; minors; incompetents;

affidavits; immunity ....................................................... SB 2

Money Judgments; additional discovery measures ............................ SB 227

Nonprofit Athletic Programs; torts, liability limitations ........... SB 50

Radio or Television Broadcasts; libel actions; evidence; damages.

....

SB 343

Securities; applicable laws on date of violation or crime ...................... HB 663

Securities; Secretary of State certificate admissible evidence ........... SB 78

Service of Process on Counties; organization of county government ............ SB 208

Tort Reform Act of 1987; comprehensive revision .............................. HB 1

Tort Reform; revisions, immunity from liability; awards for damages ............ SB 1

Torts; criminal acts on political subdivision property; injuries .................. SB 68

Torts; employers' liability for independent contractors actions................. SB 207

Wills; federal marital deduction formulas ................................... SB 255

Witness Fees; off-duty law enforcement officers .............................. HB 127

Wrongful Death of Parent; child may bring action ........................... SB 259

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2358

JOURNAL OF THE SENATE

CLARKE CENTRAL HIGH SCHOOL Commend Coach Billy Henderson ........................................... SR 72 Commend Football Team ................................................... SR 73

CLARKE COUNTY

Airport Authority; creation ................................................ SB 245

Clarke County-Athens; additional tax levies; continue in force................. HB 535

Merit System; continue in force ............................................ HB 536

Motor Vehicle Registration; staggered tag sales; referendum................... HB 627

Water, Sanitation, Sewerage, Fire Protection Districts; continue

HB 537

CLAY COUNTY Development Authority; continue in force .................................. HB 1146 Port and Terminal Facilities; continue contract City of Fort Gaines ......... .HB 1145

CLAYTON COUNTY Board of Commissioners; compensation .................................... HB 1085 Board of Education; compensation......................................... HB 1084 Civil Service Board; compensation ......................................... HB 1088 Clayton County Tourism Authority; create ................................. HB 1122 Community Improvement Districts Act; create.............................. HB 1121 Officers; superior court clerk; sheriff; deputy; compensation .................. HB 1087 Official Home of "Gone With the Wind" promotion .......................... HR 117 Probate Court; judge; compensation ....................................... HB 1082 State Court; judge; deputy clerk; solicitor; compensation..................... HB 1083 Tax Commissioner and Deputy; compensation .............................. HB 1086 Water Authority; commend ................................................ SR 172 Water Authority; compensation ........................................... HB 1098 Water Authority; recognize ............................................... .HR 333

CLEVELAND, MELANIE; National 4-H champion; commend ................... SR 49

CLINCH COUNTY Board of Education; elections; successors; correct error ...................... HB 1077 Development Authority; continue in force .................................. HB 1038 Education Board; elections; appoint school superintendent; continue .......... HB 1039 Forestry Commission; property transfer, senior citizens program................ SR 33 Magistrate Court; law library fees ......................................... HB 1040

COBB COUNTY Adolescent Urine Drug Screen Program; commend ............................ SR 10 Board of Commissioners; compensation ..................................... HB 909 Chief Deputy Sheriff; chief investigator; compensation........................ HB 898 Court Consolidation Plan Study Committee ................... HR 310 District Attorney; assistant district attorneys; compensation................... HB 644 Juvenile Court; judge; compensation ........................................ HB 845 Marietta; corporate limits; deannexation .................................... HB 171 Probate Court; judge and clerk; compensation ............................... SB 279 RJR Nabisco, Inc.; welcome corporate headquarters ........................... SR 82 Sheriff; executive secretary................................................. HB 899 State Court; clerk; chief deputy clerk; compensation ......................... HB 966 State Court; judges; compensation .......................................... HB 643 State Court; second division; judges; compensation; retirement ................ SB 384 State Court; solicitor; chief assistant; assistants; compensation ................ SB 280 Superior Court; deputy clerk; compensation ................................. HB 881 Superior Court; judges; salary supplement................................... SB 233 Tax Commissioner; chief clerk; compensation ................................ HB 875

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INDEX

2359

COBB JUDICIAL CIRCUIT Superior Court; additional judge; chief judge; court reporter .................. SB 339 Superior court; judges; salary supplement ................................... SB 233

COBB, KYLE T.; Express tribute, condolences ................................ SR 153

COCHRAN, CITY OF; Council; powers; street closings; easements; property disposal.................................................................. HB 863

CODE OF GEORGIA Children and Youth; committee to study recodification into one title .......... SR 186 Corporations, Title 14; filing fees; cross reference to Title 15 ................... HB 28 Elections, Title 21; revisions, corrections ......................... SB 97 Elections, Title 21; revisions, corrections ..................................... HB 26 Elections, Title 21; revisions, municipal elections. ........................... HB 202 Retirement; Title 47, revisions, corrections .................................. HB 279 Revenue, Title 48; revisions; incorporate federal law provisions ................. HB 87 Revisions; correction of errors and omissions ................................. HB 23

COFFEE COUNTY Douglas-Coffee County Industrial Authority; continue in force ................ HB 156 Health Insurance Benefits; commissioners; county officers; employees .......... HB 808

COFFEE JUNIOR HIGH SCHOOL BAND; Commend......................... SR 232

COLBERT, CITY OF; Mayor, term of office; referendum ..................... HB 868

COLLEGE PARK, CITY OF; Business and Industrial Development Authority; continue in force.......................................................... HB 697

COLLEGES AND UNIVERSITIES (Also See University System of Education) Academic Recognition Day, University System; commend scholars .............. SR 46 Beer, Wine Sales; prohibit near certain buildings; exceptions ................... SB 49 Campus Policemen; witness fees; civil cases; off-duty officers .................. HB 127 Foreign Language Institute; contract for instructional services................. SB 291 Higher Education Assistance Corporation; redefine eligible student ............ HB 809 Higher Education Assistance Corporation; service cancelable loans; reports . HB 807 Laboratory, Equipment, Rehabilitation, Technology, Scholars Endowment Study Committee .................................. SR 13 Medical Students; tort immunity; certain conditions.......................... HB 759 North Georgia College; military scholarships; number; selection ............... HB 450 Postsecondary Degrees; non-public degree-granting institutions ................ HB 815 Private Colleges and Universities Authority; members; compensation; disposition of funds ............................................................... HB 307 Private; define under Tuition Equalization Grant program .................... SB 152 Private; student loan revenue bond authority; use of proceeds................. SB 371 Research Records; limit inspection; trade secrets ............................. HB 804 Retirees; certain community colleges; health insurance........................ SB 316 Tuition Payment Alternatives Study Committee; financing plans ............... SR 78 University System; lease of facilities; small business development.............. SB 267 University System; lease of unused facilities to private business authorized. .... SB 268

COLLINS, PRESTON MILO; Commend...................................... SR 226

COLQUITT COUNTY; Motor vehicle registration; staggered tag sales

HB 1093

COLUMBIA COUNTY Board of Education; elections; referendum .................................. HB 579 School District Taxes; homestead exemption; referendum ..................... HB 578 Superior Court; judges salary supplement ................................... HB 974

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2360

JOURNAL OF THE SENATE

COLUMBUS, CITY OF

Designate; J. R. Alien Parkway; North Columbus Bypass ...................... HR 62

Municipal Court; clerk; marshal; compensation; fees; costs

HB 628

COMMERCE AND TRADE (Also See Professions and Businesses)

Airport Property; private development leases; certain counties

HB 455

Alcoholic Beverage Retail Dealers; distilled spirits; trade name signs

HB 335

Alcoholic Beverages; retail dealers; warning signs; pregnancy

HB 431

Arbitration Code; applicability; international transactions .... SB 73

Business Development Corporations; member loans; maximum; duration

HB 720

Buying Services; contracts; cancellation; administrative procedure

HB 56

Check or Money Order Sellers; cashing or redemption requirements

SB 288

Credit Repair Services Organization; operation prohibited .................... HB 678

Dance Halls; prohibitions of nude, sexual conduct where alcohol sold

SB 372

Economic Development Council; repealed .................................... HB 20

Employees; dissemination of criminal history records; conditions

HB 312

Fair Business Practices Act; professional fundraisers; solicitors

HB 605

Fair Business Practices Act; purchase of dwelling; office supply transactions SB 278

Gasoline Distributors; change excise tax imposed on motor fuel ............... HB 191

Gasoline Manufacturers, Automotive; prohibited marketing practices

SB 177

Gasoline Stations; dispensing at self-serve prices to handicapped

HB 460

Hotel and Motel Franchise Agreements; committee to study

SR 220

Inventory Assessment Dates; ad valorem tax; constitutional amendment

SR 11

Manufacturers; product liability; punitive damages; exceptions ................ SB 307

Merchant Parking Areas; criminal trespass; motor vehicle 'cruising'

HB 166

Motor Vehicle Dealers; redefine prohibited deceptive practices

SB 257

New Business Enterprises; inventory assessment; ad valorem tax ............... SB 48

Petroleum Products; trial franchises; designated family members

HB 263

Private Enterprise, Government Competition, Joint Study Committee .......... SR 79

Product Liability; product sellers ........................................... SB 140

Promotional Giveaway Contests; regulation .................................. HB 201

Rural Economic Development; identify industries for rural areas

HB 148

Rural Economic Development Law; enactment............................... SB 191

Sales Seminars, Meetings; deceptive trade practices; false statements

SB 52

Securities; civil or criminal proceedings; applicable laws ...................... HB 663

Securities; registration exemptions certain sales transactions ................... SB 79

Securities; resource recovery development; revenue bonds ..................... SB 336

Securities; Secretary of State certificate admissible evidence ................... SB 78

Service Stations; prohibit gasoline manufacturers operate ..................... SB 177

Shoe Repair Business; liens ................................................ HB 835

Small Business Development; state agencies; lease transactions ................ SB 268

Tailors; liens for alterations of clothing, shoe repair .......................... HB 835

Telephones; automatic dial, recorded messages; regulate, permits

SB 17

Telephones; regulate automatic dialing, announcing equipment ................. HB 43

Toxic Substances; hazards in workplace; notify fire departments. .............. SB 137

Trade Center Facilities; local government grants; certain exclusion

HB 1036

Trade Centers; World Congress Center contracts with local governments . . HB 1035

Trademarks and Service Marks; registration filing fees ....................... HB 222

Used Car Dealers; state board rules, regulations; seminars .................... HB 576

Vending Machines; tobacco products; prohibit minors purchasing

HB 142

Wages; new employers; assessment; employment security contributions .......... HB 11

COMMISSIONS, BOARDS

Agrirama Development Authority; travel expenses

HB 303

Anatomical Gift Procurement Advisory Board; create......................... HB 541

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INDEX

2361

COMMISSIONS, BOARDS (Continued)

Atlanta Market for Georgia Farm Products Authority; creation................ SB 320

Atlanta Market for Georgia Farm Products Authority; creation................ HB 303

Blind, Advisory Commission on Programs for; create ......................... SB 318

Boxing and Wrestling Commission; create ..................................... HB 9

Chatham County Law Enforcement and Jails Study Commission; create

HB 1033

Children's Trust Fund Commission; establish ................................ SB 159

Conservation Corps Advisory Council; promote youth corp program ............ HB 82

Consumers' Utility Counsel; change date for repeal of law .................... HB 540

Coroner's Training Council; change membership .............................. SB 70

Coroner's Training Council; membership; advisory committee .................. HB 94

Corrections Board; quorum ................................................ SB 146

DeKalb County Government Study Commission

.....

HR 109

Economic Development Council; repealed .................................... HB 20

Education; Governor's Task Force on Adult Literacy .......................... HR 64

Education, State Board; General Assembly elect; amend Constitution .......... SR 142

Emergency Medical Services Systems Councils............................... SB 315

Foreign Language Institute; create.......................................... SB 291

Geologists, State Board of Registration; duties; powers ....................... HB 383

Handicapped Persons; severely disabled; employment policy ................... HR 92

Health Insurance Pool Board; create; powers ................................ SB 385

Human Resources Board; urge Governor appoint disabled person.............. SR 199

Indemnification Commission; composition; application procedure ............... HB 10

Juvenile Justice Coordinating Council; create ................................ SB 162

Liability; civil actions; directors, officers; Tort Reform Act of 1987............... HB 1

Liability Immunity; officers of agencies, boards, authorities ................... SB 113

Librarians, State Certification Board; composition; extend to 1993 ............. HB 310

MARTOC; editorial revisions; advertising notice expenses...................... HR 53

Members; daily expense allowance .......................................... HB 661

Municipal Gas Authority of Georgia; creation................................ HB 328

Music Industry; citizens' advisory council .................................... SR 91

North Fulton County Incorporation Joint Study Commission ................. SR 106

Polygraph Examiners, State Board; extend to 1993........................... HB 583

Postsecondary Vocational Education, State Board; establish................... HB 267

Private Colleges and Universities Authority; members; compensation; disposition

of funds .............................................................. HB 307

Public Officials; General Assembly members; right to practice law ............. HB 369

Recreation Examiners, State Board; composition; duties; licensure ............. HB 515

Security Agencies, Private Detective; state board; change provisions ........... HB 493

Speech-Language Pathologists and Audiologists, State Examining Board

HB 258

Speech Pathology and Audiology, Examining Board; extend to 1993 ........... HB 432

State Authorities; liability and self-insurance program ........................ HB 662

State Board of Equalization; notification of property assessment .............. HB 611

State Ethics Commission; membership; Secretary of State functions ........... HB 187

State Properties Commission; citizen members; expenses; travel ............... HB 154

Student Finance Authority; education trust program for AFDC children

SB 232

COMMITTEE OF THE WHOLE SENATE

Page 52

COMMITTEES, SENATE STANDING; Appointed ....................... Page 17

COMMITTEES, STUDY (Also See Commissions, Boards)

Adoption; special needs, foreign children; joint study committee

SR 109

AIDS; legislative review committee; health care impact report................. HR 166

Arts, Residential High Schools; joint study committee ......................... SR 70

Blind Persons; state training facilities; study committee ...................... SR 124

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2362

JOURNAL OF THE SENATE

COMMITTEES, STUDY (Continued) Brunswick Judicial Circuit Study Committee ................................ HR 176 Children and Youth; single Code title; authorize advisory committee........... SR 186 Colleges; Tuition Payment Alternatives Study Committee ............... SR 78 Court Consolidation; committee to study Cobb County plan .................. HR 310 Criminal Cases; Sentencing, Incarceration, Granting of Parole ................. SR 152 DeKalb County Government Study Commission ............................ .HR 109 Drug Abuse; community services; outpatient treatment; joint................... HR 10 Energy Resources; joint committee; formulate state policy ..................... HR 98 Grand Jury Joint Study Committee ........................ SR 144 Hazardous Materials Emergency Response Advisory Council ................... HR 59 Head Injury Treatment and Rehabilitation Study Committee ................. SR 165 Historic Preservation; economic development benefits; joint................... SR 126 Homeless Persons; special committee to study problems ...................... SR 184 Hotel and Motel Franchise Operation....................................... SR 220 Housing; study needs low and moderate income citizens ...................... SR 208 Insurance; health plans for state employees .........'....................... SR 175 Insurance Rate Regulations Study Committee ............................... SR 162 Juvenile Justice System and Youth Development Centers..................... SR 170 Land Use Information System Joint Study Committee ........................ SR 92 Medical Care Foundation; Medicaid, medicare contracts ....................... SR 75 Mentally Disabled Community Services; joint; outpatient treatment ............ HR 10 Merit System; job classification; health care; incentives ....................... SR 204 Music Industry; study committee; citizens' advisory council .................... SR 91 Nursing Home Industry Study Committee .................................. SR 176 Organ Donor and Transplant Study Committee.............................. SR 119 Park of Honor; feasibility; capitol and downtown areas, joint.................. SR 147 Parks, State System, Study Committee ................. SR 161 Private Enterprise; government competition impact, joint...................... SR 79 Public School Employee Ethics Code and Grievance Procedures ............... SR 158 Rural Economic Development; aid to depressed counties...................... SR 174 Seat Belts on School Buses Study Committee ............... SR 20 Solid Waste Handling and Disposal; study sanitary landfills .................. HR 189 Talmadge Monument; study site selection at State Capitol. ................... SR 177 Teacher Certification; educational assessment; joint committee ................ HR 219 Transportation; interim study committee .................................... SR 200 University System Laboratory, Equipment, Rehabilitation, Technology, Scholars Endowment ........................ SR 13 Workers' Compensation Rehabilitation Services .............................. SR 196 Youth Development Centers; Senate committee; advisory committee ........... SR 170
COMMUNICATIONS FROM SECRETARY OF STATE ..................... Pages 13, 102, 130, 277, 420, 614, 977, 1305, 1656, 2287
COMMUNITY AFFAIRS DEPARTMENT Audits; local government reports; assistance; fees ............................ HB 178 Bond Financing; administer Georgia Allocation System ....................... HB 619 Metropolitan APDC; annual resident populous assessments .................... HB 80 Rural Economic Development; depressed counties; encourage ................. SR 164 Rural Economic Development; develop state-wide plan ....................... HB 148 Rural Economic Development Law; enactment............................... SB 191 Structural Inspectors; licensure, regulation .................................. SB 310 Trade Center Facilities; grants to local governments; exclusions .............. HB 1036

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INDEX

2363

COMPENSATION RESOLUTIONS Fitzgerald, Bryan Todd; compensate ........................................ HR 254 Hodges, Ray R., compensate ................................................ HR 11 Mobley, Matthew Paul; compensate ......................................... HR 17 Palmer, Mickey; compensate ................................................ HR 42 Persons, Allene; compensate ................................................ HR 56 Reid, Frans; behalf of Lovern Terrell Matlock; compensate ................... HR 270 Wells, Dorian Patrick; compensate ........................................ HR 218 Wilder, William E.; compensate ............................................ HR 265 Wray, Thomas Dowden; compensate ......................................... HR 58

CONDITIONED AIR CONTRACTORS Asbestos Safety Act; licensure exemptions ................................... HB 463 Licensure, examination exceptions ........................................... SB 62

CONDOMINIUMS; Cable TV service; landlord; tenant; operators .............. SB 16

CONFLICTS OF INTERESTS (See Ethics)

CONGRESS, U.S. (Also See Federal Government)

Constitutional Amendment; limit salary increases; urge ratify ................ .HR 282

Constitutional Amendment; ratify, compensate members, time-frame

SR 77

Constitutional Convention; limit tax interest income state bonds

SR 44

Forestry Incentives Program; urge funding .................................. SR 104

Public Official Directory; Secretary of State publish annually .................. SB 57

Social Security; urge eliminate "notch" benefit level disparity

HR 76

Tobacco Growers; urge enact, flue-cured allotment purchases.................. SR 114

Water Quality Act; Clean Water Act; urge reauthorize......................... HR 69

CONGRESSIONAL MEDAL OF HONOR; Display Georgia recipients ....... HR 349

CONSERVATION AND NATURAL RESOURCES (Also See Natural Resources or Environmental Protection)

CONSTITUTIONAL AMENDMENTS

Ad Valorem Taxation; assessment dates for inventories ........................ SR 11

Agriculture Commissioner; appointment by Governor......................... SR 132

Appropriations; supplementary; emergencies, voting procedure

SR 86

Arts Development Fund; create, tax refund donations ......................... SR 23

Bonded Indebtedness; no referendum; debt limitation; Atlanta ................. SR 99

Drug Trafficking; mandatory prison sentence ................................. SR 21

Education; state board elected by General Assembly ......................... SR 142

Education; state school superintendent; state board appoint .................. SR 142

Ethics in Government Act; campaign contributions to influence

SB 156

General Assembly; members; four-year terms .................................. SR 7

Governor; change election and term of office to six years

SR 16

Initiative Petition; statutes, amendments enacted by people.................... SR 41

Insurance Commissioner; provide for appointment by Governor

SR 130

Jurors; grand and trial; investigative; special trial districts; single, multicounty

judicial circuits .......................................................... SR 22

Jurors; grand and trial; selection; in death penalty and public officials

felony drug violations .................................................... SR 26

Jurors; grand, trial, select circuit-wide, create State-wide

investigative grand juries ................................................. SR 14

Labor Commissioner; provide for appointment by Governor................... SR 131

Revenue Bills; certain legislation originate either Senate or House

SR 6

Revenue Bonds; public facilities; subject to voter approval.................... SR 167

School Superintendents; boards of education appoint......................... SR 129

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2364

JOURNAL OF THE SENATE

CONSTITUTIONAL AMENDMENTS (Continued) U.S.; call constitutional convention, limit income tax state bonds ............... SR 44 U.S.; ratify; compensate congressional members, election time-frame ............ SR 77 U.S.; urge ratify 1789 amendment; congressional salaries...................... HR 282

CONSTITUTIONAL OFFICERS (See Public Officers and Employees)

CONSTRUCTION Arbitration; extensive code revision .................. SB 73 Construction Activity Prohibited on Abandoned Landfills; enact .............. SB 175 Contracts; contingency payments to subcontractors........................... SB 281 Smoke Detectors; required in new residential construction ..................... SB 10 Structural Inspectors; licensure; certificates .................................. SB 310

CONSUMER AFFAIRS COMMITTEE; Regulated Beverages Subcommittee appointed .............................................................. Page 477

CONSUMER PROTECTION Auctioneers; regulation; companies; property sales; licensure .................. HB 300 Buying Services; membership contracts; cancellations; violations ................ HB 56 Cable TV Service; subscriber complaints; multi-unit dwellings.................. SB 16 Consumers' Utility Counsel; change date for repeal of law .................... HB 540 Credit Card Bank Act; enact, regulations.................................... SB 254 Credit Card Lenders; loan finance charges; maximum interest rates............ SB 192 Direct Response Insurance Business; agents; offices; telephone service .......... HB 582 Fair Business Practices Act; purchase of dwelling; actions for damages......... SB 278 Gasoline Stations; dispensing at self-serve prices to handicapped .............. HB 460 Insurance; policy cancellation; notices of changes, premium increases .......... HB 836 Insurance Premium Rates; Commissioner establish risks modifications ......... SB 218 Insurance Rates; committee to study cost and availability .................... SR 162 Insurance; rates, policies, contracts; equitable apportionment.................. HB 508 Insurance Transactions; language simplification; standards .................... HB 422 Manufacturers; product liability; negligence claims ............................ HB 29 Motor Vehicle Dealers; redefine prohibited deceptive practices ................ SB 257 Product Sellers; not liable as manufacturers in certain actions ................ SB 140 Professional Fundraisers; regulation; Fair Business Practices Act .............. HB 605 Promotional Giveaway Contests; regulation; time-share promotions ............ HB 201 Sales Seminars, Meetings; deceptive trade practices; false statements ........... SB 52 Securities; sales transactions; registration exemptions.......................... SB 79 Telephones; automatic dial, recorded messages; regulate; permits ............... SB 17

CONSUMERS' UTILITY COUNSEL Change Date for Repeal of Law ............................................ HB 540 Joint Policy Committee to study energy resources issues....................... HR 98

CONTINUUM'S NEW LIFE/MOTHER-TO-MOTHER PROJECT; Commend SR 221

CONTOS, LARRY; Hazlehurst civic leader; condolences........................ SR 182

CONTRACTORS Asbestos Safety Act; license exemptions..................................... HB 463
Electrical, Plumbers, Conditioned Air; licensure without exam ................. SB 62
Employers' Tort Liability; independent contractors, conditions ................ SB 207

CONTRACTS

Arbitration; extensive code revision; extend agreement provisions............... SB 73

Bad Checks; damages; court costs; service charges; notices; venue.............. SB 256

Bad Checks Issued; additional credit extension; waiver lien rights

HB 649

Buying Service Membership; cancellations; violations .......................... HB 56

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INDEX

2365

CONTRACTS (Continued) Contingency Payments to Subcontractors; public policy. ...................... SB 281 Municipalities of 400,000; mayor, authority to enter, limitations ............... SB 263 Public Works; bid waivers; emergency provisions............................. HB 606 Public Works; bids; determining factors; counties over 550,000 ................. SB 81

CONTROLLED SUBSTANCES (Also See Drugs and Drug Abuse)

Adolescent Urine Drug Screen Program; Cobb County; commend ............... SR 10

Cocaine; drug trafficking, mandatory imprisonment .......................... SB 214

Cocaine Trafficking; penalties; 'crack'; free base cocaine ...................... SB 209

Community Services; outpatient treatment; joint study committee .............. HR 10

Dangerous Drugs; change listing; distributing duplicate prescriptions........... HB 968

Dangerous Drugs; complimentary samples; prohibited sales ................... SB 285

Dangerous Drugs; lists; dispensing drugs, withhold information ................ HB 169

Driver Improvement Clinics; rehabilitate problem drivers; fees ................. SB 45

Drug Manufacturing; prohibitions; penalties ................................. SB 109

Drug Testing; persons involved injurious motor vehicle accident................ SB 91

Drug Trafficking; increase fines as condition of probation ..................... SB 122

Drug Trafficking; mandatory prison sentence; amend Constitution

SR 21

Drug Trafficking; not bailable offense; superior court jurisdiction .............. HB 776

Drug Trafficking; related murder conviction; death penalty procedures ......... HB 249

DUI; violations; federal, local ordinances, current or prior laws

HB 37

Forfeited Money or Property; local government use of proceeds ................ HB 74

Forfeiture; drug enforcement; local government use of money

.... HB 250

Forfeitures; money, property, proceeds; use by law enforcement agency ........ HB 244

Inmates; jails; unlawful possession; penalties.................................. HB 17

Juvenile Drug Use; reports of abuse; procedures; confidentiality ............... SB 121

Juvenile Proceedings; violations; driver's license suspension ................... SB 120

Marijuana; penalty for production; municipal court jurisdiction in possession

cases ................................................................... HB 22

Public Officials; felony violations; circuit grand, trial juries.................... SB 149

Public Officials; felony violations; jury selection ............................... SR 26

Weapons Possession; during commission of a crime; arm's reach............... HB 365

CONYERS, CITY OF; Conyers-Rockdale-Big Haynes Impoundment Authority; create................................................................... HB 1050

COOK COUNTY MIDDLE SCHOOL; Commend .............................. SR 121

COOK COUNTY; Board of commissioners; compensation .................... HB 1055

CORDELE, CITY OF Cordele-Crisp County School System; merger; continue in force ............... HB 134 Crisp County-Cordele Industrial Development Authority; continue .............. HB 13 Office Building Authority; continue in force ............................... HB 1018 Office Building Authority; purposes; repeal specific Acts .................... HB 1019

CORONERS (Also See Medical Examiners)

Anatomical Gifts; jurisdiction; exceptions to release of body

SB 349

Compensation; counties not more than 17,560; Paulding County

HB 787

Georgia Coroner's Training Council; change membership ...................... SB 70

Judicial Sales; property under execution; time of conducting .................. SB 158

Mayors; municipalities 5,000 or less; serve as coroners ........................ HB 452

Medical Records Release; subpoena by out of state coroner

HB 133

Training Council; membership; curriculum advisory committee ................. HB 94

Vacancies; interim appointments ........................................... SB 170

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2366

JOURNAL OF THE SENATE

CORPORATIONS, PARTNERSHIPS AND ASSOCIATIONS

Banking Institutions; amend various Code sections ........................... SB 220

Business Development Corporations; member loans; maximum; duration

HB 720

Corporate Names; reservation periods; filing fees; confirmations ............... HB 210

Filing Fees; articles of incorporation; Code cross references

HB 28

Foreign Depository Financial Institutions; intangible taxation

SB 261

Group Insurance; number insured members; requirement to place in force

SB 361

Income Tax Evasion; criminal penalties ..................................... SB 119

Insurance; employees of publicly owned corporations ......................... HB 954

Intangible Property Tax; domesticated foreign corporation stock .............. HB 724

Nonprofit, Charitable; officers, directors; liability immunity ................... SB 113

Nonprofit; corporate names; reservation periods; filing fees

HB 210

Officers, Directors; liability limits; indemnification ........................... SB 302

Officers, Directors; standards of care; indemnification; liability limitations;

litigation expense advancement........................................... HB 209

Partnerships; may sue or be sued; garnishment judgments ..................... HB 31

Railroads; officers, directors; liability limits; indemnification

SB 302

Railroads; officers; standards of care; indemnification; liability

HB 209

Risk Retention Groups; chartered as liability insurance company .............. SB 306

Telephone Cooperatives; incorporation filing fees.............................. HB 21

Trade or Professional Associations; workers' compensation; self-insurance

HB 557

CORRECTIONS (Also See Penal Institutions)

Appropriations; supplemental FY 86-87; for prison, Telfair County

HB 2

Board; quorum ........................................................... SB 146

Burruss, A.L. (Al), Correctional Training Center; designate; Forsyth

HR 46

Burruss, A.L. (Al), Correctional Training Center; designate, Forsyth

HR 146

Commissioner; salary set by board.......................................... HB 661

Correctional Officers' Week; recognize........................................ SR 15

Criminal History Records; dissemination; conditions; exclusions

HB 312

Department; employees injured on duty, salary; Commissioner's salary ......... . SB 28

Employees; assist local law enforcement officers.............................. SB 143

Equipment, Funds Donations; authorize acceptance certain conditions

SB 189

Inmates; committee to study sentencing, incarceration, parole ................. SR 152

Inmates; jails; unlawful possession of drugs, weapons, alcohol .................. HB 17

Inmates; medical exams; communicable disease transmission ................... HB 92

Inmates; medical service costs; reimbursement to counties ..................... SB 39

Jailers; oaths; sworn to sheriffs ............................................. HB 131

Literacy, Governor's Task Force on Adult; prison system services

HR 64

Peace Officers' Benefit Fund; wardens, guards; revise definition ............... HB 722

Peace Officers; minimum salaries ........................................... SB 155

Persons Under 17 Sentenced as an Adult; imprisonment institutions

SB 301

Prison Guards; indemnification; disabled in line of duty ....................... HB 10

Probation Conditions; over-payment of fines; refunds under $5 ................ SB 142

Probation Employees; counties of 550,000 or more; health insurance

SB 145

Probation; judge specify conditions of probation alternatives .................. HB 800

Probation; return of warrants; tolling of sentence; non est inventus

SB 144

Probation Systems; county employees become part state-wide system .......... HB 232

Witness Fees; civil cases; off-duty officers ................................... HB 127

COSMETOLOGY; Services for disabled clients; state board regulate

HB 269

COUNTIES (Also See Local Government) Administrators of Estates; qualification; residency; fees ....................... HB 497 Alcoholic Beverages; Sunday sales; counties of 160,000 or more................ HB 812 Audits; alternative reports; expenditures under $100,000 ...................... HB 178

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INDEX

2367

COUNTIES (Continued)

Bids; emergency purchases; competitive bid provisions. ....................... SB 204

Board of Commissioners; chairmen; salaries; certain population................ SB 183

Board of Commissioners; 550,000 or more population; compensation ........ SB 84

Board of Health; 550,000 or more; create by ordinance ........................ SB 86

Bonds; Georgia Allocation System; create; economic development.............. HB 619

Bonds; libraries, water and sewerage facilities; state loans..................... HB 647

Bonds; proceeds; authorized investments .................................... SB 327

Bonds; proceeds; local government investment pool ........................... HB 45

Bonds; public facility; subject voter approval; amend Constitution ............. SR 167

Building Authority; Fulton County; bonds; judicial facility .................... HB 607

Buildings; elevators, smoke detectors standards, inspections ................... HB 840

Burial Places; permits for disturbing, land development; penalties ............. HB 949

Child Abuse; protocol committees; county agencies; reports ........

.... HB 913

Coroners; vacancies; interim appointments .................................. SB 170

Corrections Employees; assist local law enforcement officers................... SB 143

County Officers; local law to provide compensation supplements................ SB 55

County Surveyor; vacancies; interim appointments ........................... SB 170

Development Authorities; directors; terms; appointment ...................... SB 331

Development Authorities; dispose of property for fair market value ............ HB 953

Drug Enforcement; use of forfeited money; expenditure limitations ............ HB 250

Drugs; use of proceeds; forfeited or seized money, property .................... HB 74

Elected Officers and Personnel; insurance, retirement benefits................. SB 102

Elected Officials; defined under Ethics in Government Act.................... SB 309

Elected Officials; Ethics in Government Act; revisions ........................ HB 187

Elections; authorization to conduct certain municipal elections ................ HB 165

Elections; joint county-municipal boards .................................... HB 185

Emergency Management Organizations; repeal state assistance; funds .......... HB 404

Emergency Medical Services; ambulance technicians' requirements ............ HB 177

Emergency Medical Services; systems; personnel; revisions .................... SB 315

Employees; certain officials authority to make personnel decisions .............. SB 56

Family and Children Services; client's unclaimed property ..................... HB 69

Fines, Bond Forfeitures; portion for Peace Officers Benefit Fund .............. HB 459

Garbage; dumping across county lines unlawful; penalty; exception ............. SB 33

Governing Authorities; powers and duties; jurisdiction ........................ HB 521

Governing Authorities; probate courts, jurisdiction in certain matters .......... SB 208

Health Boards; membership; appointments .................................. HB 344

Health Departments; certain employees; liability insurance

......... SB 47

Hospital Authorities; members; terms; appointment .......................... SB 330

Hotel-Motel Tax; different excise tax rates; expenditures ..................... HB 563

Housing Authorities; commissioners; terms of office .......................... SB 332

Inmate Medical Service Costs; reimbursement ................................ SB 39

Judges; civil court pro tempore serve as magistrate pro tempore............... HB 585

Jurors and Grand Jurors; population; residents on federal property ............ HB 155

Jury Lists; placement of all registered voters' names ......................... SB 346

Juvenile Delinquency Prevention; study of youth needs....................... SB 162

Landfills; abandoned; construction activity prohibition act; enact .............. HB 435

Landfills; abandoned; property records; construction prohibited ............... SB 175

Law Enforcement Officers; internal investigations; regulations ................. SB 153

Law Libraries; recorder's courts; collection of additional costs ................. SB 176

Law Libraries; superior court judges; increase court fees to fund .............. HB 338

Liability Insurance; interlocal risk management agencies ...................... HB 246

License Plates; waiver of fee for mail purchases; decals ....................... HB 811

Local Government Impact Fiscal Notes Act; repeal............................ SB 22

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2368

JOURNAL OF THE SENATE

COUNTIES (Continued)

Magistrate Courts; non-partisan elections of chief magistrates ................. SB 194

Magistrate Courts; personnel provided by county ............................ SB 202

Marriage Licenses; issued any county if applicant is resident.................. SB 287

Motor Vehicles; emission inspection administrative fees ...................... HB 380

Peace Officers; minimum salaries ........................................... SB 155

Peace Officers; redefine under Peace Officers' Benefit Fund ................... HB 722

Probate Courts; clerks; jurisdiction; counties with 150,000 or more

HB 623

Probate Courts; governing authorities, jurisdiction in county matters .......... SB 208

Probation Systems; certain population; part of state-wide system

HB 232

Property Boundary Processioners; increase board members; powers ............. SB 51

Property; private sales; real property; notices ................................ HB 538

Public Official Directory; Secretary of State publish annually

SB 57

Public Safety Officers; Firefighter Standards and Training Act ................ HB 686

Public Works Contracts; bids; determining factors; Fulton County

SB 81

Public Works Contracts; bids; emergency waivers ............................ HB 606

Resource Recovery; sale of useful energy; revenue bonds...................... SB 336

Road Systems; vehicle weight, dimension limits; exceptions

SB 357

Rural Economic Development; encourage state assistance

SR 164

Rural Economic Development; Senate study committee

SR 174

Sales Tax; special purpose; expand projects; reimposition; prohibitions

HB 191

Sales Tax; special purpose; expand purposes; combination projects;

referendum; repealer .................................................... HB 479

Sovereign Immunity; criminal acts on property; immunity for injuries .......... SB 68

State Courts; abolish by local law; merge superior court ...................... SB 354

State, Magistrate Courts; 550,000; fee charged to fund services .............. SB 253

Superior Court Clerks; vacancies; interim appointments ...................... SB 170

Tax Assessor Office; certain material subject public inspection ................ HB 121

Tax Collections; lock box system for payments; contracts ..................... HB 698

Tax Collectors and Commissioners; minimum salaries

HB 461

Tax Executions; levy administration fees .................................... HB 559

Tax Officials; vacancies; interim appointments ............................... SB 170

Trade Center Facilities; grants; exclude carpet exposition centers ............. HB 1036

Trade Center Facilities; World Congress Center service contracts ............. HB 1035

Traffic Conviction Reports; transmittal fees paid to court clerks............... SB 173

Workers' Compensation; governing authority members; coverage............... HB 342

COURTS (Also See Judicial Circuits or Superior Courts)

Abortion; Parental Notification Act ................... SB 229

Administrators of Estates; qualifications; residency; fees ...................... HB 497

Appeals; death penalty, pretrial review; preclusions to appeals ................ SB 100

Appeals; final orders of Human Resources Department; jury trials

SB 321

Appeals; oral arguments; location ........................................... HB 614

Appeals to Superior or State Courts from Magistrate Courts .................. SB 200

Appellate; senior justice and senior judge; offices created

HB 614

Arbitration; claims for damages; medical malpractice; procedures .............. SB 374

Arbitration; venue; authority; code revision .............. SB 73

Arraignment and Trial; notice of arraignment date

HB 117

Bad Checks; magistrate court jurisdiction, trial procedures

SB 195

Bail Bonds; deposits; hearings forfeiture procedures ............................ SB 8

Bail Jumping; out-of-state bail jumping; penalties

SB 163

Bail Jumping; redefine felony and misdemeanor; notices

HB 768

Bail; superior court; redefine offenses which are not bailable .................. HB 776

Bonds and Recognizances; forfeiture procedures; notices ....................... HB 35

Child Abuse Protocol; committees; reports .................................. HB 913

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INDEX

2369

COURTS (Continued)

Civil Actions; collateral sources; joint liability; award for damages ............... HB 1

Civil Actions; judgments; findings of fact, conclusions; appeals; waiver of

insufficiency of findings; statute of limitation .............................. HB 657

Civil Actions; new trials; Tort Reform Act of 1987; damage awards .............. HB 1

Civil Actions; recording or video taping depositions ........................... SB 46

Civil Actions; summary judgment proceedings; malpractice; affidavit ........... SB 347

Civil or Criminal Actions; prima-facie evidence; securities laws ................. SB 78

Civil or Criminal Proceedings; applicable laws on date of crime ............... HB 663

Civil Practice; money judgments, additional discovery measures ............... SB 227

Clerks; costs; alimony and child support; enforcement orders.................. HB 302

Clerks; electors certified list; filing repealed ................................. HB 190

Clerks; transmittal fees for traffic conviction reports ......................... SB 173

Cobb County Court Consolidation Plan Study Committee .................... HR 310

Contempt; prohibit discipline employee subpoenaed, jury duty ................. SB 41

County Recorder's; additional costs for law libraries.......................... SB 176

Criminal Cases; sentences; committee to study disparities..................... SR 152

Criminal Procedure; written scientific reports, statements

SB 169

Criminal Prosecutions; effect of repeal, reenactment, amendment to laws ....... SB 230

Criminal Records; purged; persons cleared through proceedings ............... SB 373

Death Penalty; appeals, pretrial review; terms; preclusion to appeal ........... SB 100

Death Penalty Cases; selection of circuit grand and trial juries ................ SB 149

Death Penalty; location of habeas corpus proceedings; inmates ................. SB 99

Death Penalty; murder conviction; drug trafficking cases...................... HB 249

District Attorneys; investigators; appoint each judicial circuit .................. HB 27

Driver's License; notices to PSD; suspension; 'habitual violators' .............. HB 266

Drug Trafficking; increase fines as condition of probation ..................... SB 122

Drug Trafficking; mandatory prison sentence; amend Constitution .............. SR 21

Elections, Primaries; settlement procedures; contested elections ............... HB 465

Eminent Domain Proceedings; appeals; payment of expenses .................. HB 436

Evidence; GBI scientific reports; statement to police; procedures ............... HB 47

Evidence, Georgia Law of; study by State Bar; encourage report .............. HR 194

Financial Institutions; document reproduction costs ........................... SB 80

Grand Jury Joint Study Committee ........................................ SR 144

Guardianship Hearings; fees; probate court judges jurisdiction................. SB 236

Habeas Corpus; location; inmate death penalty cases .......................... SB 99

Indictments; quashing twice for same offense; bar to prosecution .............. HB 653

Jekyll Island-State Park Authority; jurisdiction; ordinance violations........... HB 741

Judicial Sales; property under execution; time of conducting .................. SB 158

Juries; circuit grand and trial; death penalty, certain drug cases ............... SB 149

Juries; grand and trial; investigative; judicial circuits .......................... SR 22

Juries; grand and trial; selection; circuit, regional, state; investigative ........... SR 14

Juries; grand and trial; selection, geographic area, certain cases ................ SR 26

Juries; grand; impartial juries; change of venue conditions .................... SB 108

Juries; grand; indictments; bar to prosecution ............................... HB 653

Juries; list selection; federal property population within county ............... HB 155

Juries; list selection; placement of all registered voters' names ................ SB 346

Juries; list selection; trial, grand jurors; increase names drawn ................ HB 183

Juries; state court civil actions; delete twelve persons provisions................. SB 9

Juvenile; child controlled substance or marijuana abuse reports ............... SB 121

Juvenile; extend jurisdiction to 18 year olds; certain cases ..................... SB 20

Juvenile; jurisdiction; juvenile capital crimes; transfers ....................... SB 148

Juvenile; jurisdiction; traffic offenses; unlicensed drivers ...................... HB 290

Juvenile Justice Coordinating Council; create ................................ SB 162

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2370

JOURNAL OF THE SENATE

COURTS (Continued)

Juvenile; probation workers; state subsidy; certain counties .................... SB 89

Juvenile; redefine 'designated felony act' .................................... SB 215

Juvenile; shelter care placement of deprived, abused children

HB 501

Juvenile; suspend driver's licenses for alcohol, drug violations

SB 120

Juvenile; traffic offenses; fines to fund community services; judge create

children and youth coordinating council................................... HB 290

Juvenile; traffic, waterways offenses; proceedings; transfers .................... SB 147

Juvenile Victims; statute of limitations; felony criminal prosecution............. HB 33

Juveniles; Youth Development Centers Study Committee ..................... SR 170

Law Libraries; county recorder's; additional cost collection

SB 176

Law Libraries; superior court judges ........................................ HB 338

Libel Actions; visual or sound broadcasts; evidence; damages.................. SB 343

Library Records; subpoenas; confidentiality; disclosure; immunity

HB 297

Magistrate; appeals; litigation expenses ..................................... SB 196

Magistrate; bad checks; jurisdiction; trial procedures ......................... SB 195

Magistrate; bad checks; misdemeanor violations; jurisdiction

HB 76

Magistrate; clerks; education qualification; residency requirement.............. HB 398

Magistrate; counties provide personnel

SB 202

Magistrate; fee charged to fund enhanced services, counties of 550,000 ......... SB 253

Magistrate; increase fees; certain populated county........................... HB 275

Magistrate; jurisdiction in civil claims ...................................... SB 199

Magistrate; jurisdiction in waivers of extradition ............................. SB 201

Magistrate; jurisdiction; Lake Lanier Islands ................................ SB 130

Magistrate; minimum salary of chief magistrates ............................. SB 197

Magistrate; non-partisan elections of chief magistrates........................ SB 194

Magistrate; officers commissions; magistrates; constables; clerks ............... SB 198

Magistrate; ordinances of state authorities; prosecuting attorney............... SB 131

Magistrate Pro Tempore; civil court judge pro tempore serve ................. HB 585

Magistrate; practice of law restrictions; language gender neutral ................ SB 44

Magistrate; writs of execution; fees to superior court clerks .................... HB 16

Magistrates, Solicitors; carry pistols in public buildings....................... HB 343

Malpractice; summary judgments; affidavit of conduct; motions ............... SB 347

Mentally 111; disposition after hearings; treatment; noncompliance .............. SB 24

Municipal; clerks; disbursement of fines, traffic report fees ..................... HB 68

Municipal; jurisdiction; alcoholic beverage sales to minors .................... HB 289

Municipal; jurisdiction; marijuana cases ...................................... HB 22

Municipal; jurisdiction; selling, furnishing alcohol to minors................... SB 141

Municipal; jurisdiction; shoplifting offenses; penalties......................... HB 265

Probate; chief clerk duties upon vacancy office of judge; appointment.......... SB 273

Probate; clerks; jurisdiction in counties with 150,000 or more ................. HB 623

Probate; concurrent jurisdiction with superior courts; certain counties

SB 275

Probate; guardianship hearing fees ......................................... SB 236

Probate; judges; custodian of funds; minors; incapacitated adults .............. HB 624

Probate; judges; eligibility requirements; counties over 150,000 ................ SB 274

Probate; judges, jurisdiction in county matters............................... SB 208

Probate; judges; minimum annual salaries ................................... SB 106

Probate; judges; minimum salaries, increase ................................. SB 305

Probate; judges; retirement benefits increased ................................ SB 15

Probate; judges; vacancies; interim appointments ............................ SB 170

Probate; life insurance proceeds; active criminal investigations ................ SB 300

Probate; location of offices ................................................. SB 223

Probate; location of offices; distance from courthouse......................... HB 488

Probate; marriage license fees; levy for Children's Trust Fund ................ SB 159

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INDEX

2371

COURTS (Continued)

Rule of Common Law; effect of repeal, reenactment, amendments to laws ...... SB 230

Sexual Exploitation of Children; forfeiture of property ....................... HB 454

Sheriffs; compensation; county supplements; prohibitions ...................... SB 55

Sheriffs; minimum annual salaries .......................................... SB 106

Solicitors; disposition upon abolition state court by local law.................. SB 354

State; adult probation system; become part state-wide system

HB 232

State; fee charged to fund enhanced services; counties of 550,000 .............. SB 253

State; merge superior courts upon abolition by local law...................... SB 354

State; solicitors; residency requirements ..................................... HB 377

Summonses; foreclosure on liens; forms; default; payments.................... SB 366

Superior; appeals to final orders of Human Resources Department

SB 321

Superior; appeals; workers' compensation claims ............................. SB 132

Superior; clerks; fees in divorce cases; Children's Trust Fund

SB 159

Superior; clerks; minimum annual salaries ................................... SB 106

Superior; clerks; vacancies; interim appointments ............................ SB 170

Superior; Clerks' Retirement Fund; benefits, disability provisions ................ SB 7

Superior; filing fees; incorporation articles, cross referenced .................... HB 28

Superior; filing; real estate liens; discharge procedures ........................ HB 713

Superior; habeas corpus clerk; judicial circuits; number of writs ............... SB 388

Superior; judges council; administrative services contracts .................... HB 212

Superior; judges; election by judicial circuit electors ........................... HB 25

Superior; judges; expenses; reimbursement; audit reports ..................... SB 355

Superior; judges, senior judges; expenses; reimbursement ..................... HB 877

Superior; juvenile capital crimes; original jurisdiction......................... SB 148

Superior; law libraries for judges; increase fees to fund ....................... HB 338

Superior; merger upon abolition of state court by local law ................... SB 354

Superior; venue in arbitration applications; revise authority .................... SB 73

Supreme; appeals, pretrial review of death penalty cases...................... SB 100

Supreme; consist of seven justices ........................................... HB 19

Tort Actions; negligence claims against manufacturers ......................... HB 29

Tort Reform Act of 1987; excessive awards; new trial procedures

...

HB 1

Tort Reform; revisions, immunity from liability; awards for damages ............ SB 1

Trial By Jury; traffic offenses; limit withdrawal of waiver ...................... HB 30

Trial Districts; special; single, multicounty judicial circuits

SR 22

Trial; judge specify condition of probation alternatives ....................... HB 800

Trials; demand for trial; noncapital cases ................................... HB 264

Trials; prior notice of arraignment date ..................................... HB 117

Venue; criminal election violations........................................... SB 97

Victims of Crime; declared rights in court proceedings ....................... SR 138

Witness Fees; arson investigators ........................................... SB 264

Witness Fees; law enforcement officers ...................................... HB 127

Witnesses; child support enforcement; immunity ............................. SB 270

Witnesses; spouse's testimony compellable; crimes against child ................ SB 34

COWETA COUNTY; Motor vehicle registration; staggered tag sales ........... HB 813

COX, GARY VINSON; Sheriff of the Year; commend ........................... SR 85

CREDIT CARDS Credit Card Bank Act; enact, regulations.................................... SB 254 Loan Finance Charges; maximum rate of interest determination ............... SB 192

CREDIT REPAIR SERVICES; Operation prohibited....... HB 678

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2372

JOURNAL OF THE SENATE

CREDIT UNIONS Directors; liability limitations; equity capital investment...................... HB 283 Powers; amend various Code provisions; liability of directors .................. SB 220

CRIME INFORMATION CENTER Criminal History Records; dissemination; conditions; exclusions ............... HB 312 Theft by Shoplifting; reports by municipal agencies .......................... HB 265

CRIME VICTIMS (See Victims of Crime)

CRIMES AND OFFENSES

Abuse of Governmental Office; solicitation or acceptance of funds or

equipment by law enforcement officers; authorized conditions ............... SB 189

Alcoholic Beverages; sales to minors; municipal court jurisdiction.............. SB 141

Antiterroristic Training Act; penalties; teach use of certain weapons

HB 916

Bad Checks; damages and costs in actions .................................. SB 256

Bad Checks; misdemeanor violations; magistrate court jurisdiction............. SB 195

Bad Checks; misdemeanor violations; trial procedures ......................... HB 76

Bad Checks; present consideration; credit extension; waiver lien rights ......... HB 649

Bail Jumping; out-of-state bail jumping; penalties............................ SB 163

Bail Jumping; redefine felony and misdemeanor; notices ...................... HB 768

Battery; define offense, set punishment, sentence ............................ SB 203

Battery, Simple; against persons 65 years or older; penalties ................... HB 99

Bombs; false or facsimiles; prohibitions; penalties ............................ HB 601

Child Custody Interference; expiration legal visitation period ................. HB 141

Child Molestation, Aggravated; redefine; mandatory sentence ................. HB 189

Child Pornography; possession unlawful, definitions ........................... SB 67

Cigarettes, Tobacco Related Objects; sales to, furnishing minors ............... SB 116

Cigarettes, Tobacco Related Objects; sales to, purchases by minors ............ SB 110

Civil Disorder, Riots; Antiterroristic Training Act; penalties................... HB 916

Cocaine Trafficking; mandatory term of imprisonment........................ SB 214

Cocaine Trafficking; penalties; sentencing; 'crack'; free base ................... SB 209

Controlled Substances; change listing; duplicate prescriptions ................. HB 968

Controlled Substances; forfeited money, property; use of proceeds .............. HB 74

Controlled Substances; forfeitures; local government use of money .......... HB 250

Controlled Substances; illegal drug manufacturing; penalties .................. SB 109

Controlled Substances; list; dispensing drugs, withhold information ............ HB 169

Credit Repair Services Organization; operation prohibited .................... HB 678

Disruptive Conduct; General Assembly meetings; weapons in Capitol

HB 126

Dog Control; reckless conduct; failure to control; penalties ..................... SB 42

Drug Trafficking; increase fines as condition of probation ..................... SB 122

Drug Trafficking; mandatory prison sentence; amend Constitution .............. SR 21

Drug Trafficking; related murder conviction; death penalty procedures ......... HB 249

Drugs; seized, forfeited property; proceeds; use by law enforcement............ HB 244

Felonies; against juvenile victims ............................................ HB 33

Firearm or Knife; possession, commission of a crime; arm's reach.............. HB 365

Firearms Dealers; regulate pistol, revolvers sales; prohibitions

..... SB 378

Firearms; possession; first offenders on probation; penalty .................... HB 466

Harmful Materials; dissemination to minors; parental consent................. HB 197

Income Tax Evasion; felony; penalties ...................................... SB 119

Inmates; jails; unlawful possession drugs, weapons, alcohol..................... HB 17

Juveniles; designated felony act, redefine .................................... SB 215

Laws; effect on prosecution of repeal, reenactment, or amendments ............ SB 230

Littering; penalties ........................................................ SB 151

Lotteries; promotional giveaway contests .................................... HB 201

Marijuana Production; felony crime regardless of weight....................... HB 22

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INDEX

2373

CRIMES AND OFFENSES (Continued) Motor Vehicles; criminal trespass; merchant parking areas; 'cruising' ....... HB 166 Murder; insurance beneficiary is suspect; proceeds distribution ................ SB 300 Nude and Sexual Conduct; prohibit where alcohol sold ....................... HB 516 Securities; applicable laws on date of crime or violation ...................... HB 663 Sexual Offenses; against minors; change age of consent to under 17.............. SB 5 Sexual Offenses; pandering for prostitution; redefine persons ................... SB 53 Sexual Offenses; pandering; use of movies, photographs, videos................. SB 54 Shoplifting; penalties; municipal court jurisdiction ........................... HB 265 Tattoos on Minors; cruelty to children; person under 16; penalty .............. SB 112 Telephones; certain uses of automatic dialing, recorded messages ............... HB 43 Tobacco Products; sales to or purchase by minors under 17 ................... HB 142 Traffic Offenses; unlawful flight; felony if involve other elements .............. SB 150 Video Movies; motion picture ratings; display on cover required............... HB 198

CRIMINAL PROCEDURE

Absconded Probationers; tolling of sentence; return of warrants ............... SB 144

Arraignment and Trial; notice of arraignment date ........................... HB 117

Bad Checks; magistrate court jurisdiction ................................... SB 195

Bail Bonds; deposits; hearings; forfeiture procedures ........................... SB 8

Bail Jumping; redefine felony and misdemeanor; notices ...................... HB 768

Bail; superior court; drug trafficking; child molestation; appeals ............... HB 776

Bond Forfeitures; release of surety from liability; remission .................... HB 35

Capital Felony Cases; appeals, pretrial review; terms; preclusions .............. SB 100

Cocaine Trafficking; sentencing procedures; penalties ......................... SB 209

Death Penalty; murder conviction; drug trafficking cases...................... HB 249

Demand for Trials; noncapitol cases ........................................ HB 264

Drug Trafficking; increase fines as condition of probation ..................... SB 122

Drug Trafficking; mandatory prison sentence; amend Constitution

...... SR 21

Evidence; defendant's right to reports, statements to police ................ HB 47

Evidence; parents testimony; sexual offenses against child ..................... SB 34

Indictments; twice quashed for same offense; bar to prosecution............... HB 653

Probation Conditions; over-payment of fines; refunds under $5 ................ SB 142

Prosecutions; effect of repeal, reenactment, or amendment of laws ............. SB 230

Records; arrest records purged certain circumstances ......................... SB 373

Scientific Reports, Statements; right of defendant to copies ................... SB 169

Sentences; persons under 17 sentenced as adult; confinement ................. SB 301

Sentencing; incarceration disparities; study committee ........................ SR 152

Statute of Limitations; felonies against juvenile victims........................ HB 33

Victims of Crime; declared rights........................................... SR 138

CRIMINAL TRESPASS Disruptive Conduct; General Assembly session or meetings ................... HB 126 Merchant Parking Areas; motor vehicle 'cruising* ............................ HB 166

CRISP COUNTY Cordele-Crisp County School System; merger; continue in force ............... HB 134 Crisp County-Cordele Industrial Development Authority; continue.............. HB 13

CROOK, MAX W., SR.; Haralson County; commend ........................... SR 169

CRUISING; Motor vehicles; criminal trespass in merchant parking areas ....... HB 166

CULLODEN, CITY OF; City Council; mayor; elections; districts .............. HB 872

CULTURAL FACILITIES; Publicly owned; nuisance provisions ..... SB 101

GUMMING, CITY OF; Water, sewer service; boundaries; intergovernmental contracts ................................................................ HB 1090

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2374

JOURNAL OF THE SENATE

CUTHBERT, CITY OF; Property conveyance; to Franchise Enterprises, Inc.; street closure ........................................................ HB 260

D

DALLAS, CITY OF

Corporate Limits; remove certain territory .................................. HB 353

Mayor; term of office ..................................................... HB 352

Parking Authority; local constitutional amendment continued

HB 788

DALTON, CITY OF; Homestead exemption; residents 62 or over; continue in force.......................................................... HB 683

DANCE HALLS; Alcoholic beverage sales; prohibit nude, sexual conduct

HB 516

DAVISON, FRED C., DR.; Former UGA President; Commend ................. SR 217

DAWKINS, SENATOR HARRILL; Appointed Secretary, Appropriations Committee ............................................................. Page 442

DAY CARE CENTERS (Also See Child Care Centers)

Directors, Employees; criminal records check; fingerprint records

HB 742

Licensing; educational curriculum; emergency numbers; space

SB 96

Location of; residential facilities; prohibit public hearings..................... SB 114

Religious Nonprofit; preschool programs; licensure; inspections ................ SB 111

DEAL, SENATOR NATHAN; Excused from voting on HB 327

Page 1901

DEAN, SENATOR NATHAN; Appointed Chairman of Rules Committee Page 442

DEARING, TOWN OF; Mayor and Council; terms ........................... HB 317

DEATH

Death Certificates; physician's assistants authority to sign .................... SB 260

Medical Records Release; subpoena by out of state coroner ................... HB 133

Wrongful Death; homicide of a child; judgment apportionment

...

HB 203

DEATH PENALTY

Appeals, Pretrial Review; procedures; elapsed terms; preclusions

SB 100

Criminal Procedure; written scientific reports ................................ SB 169

Drug Trafficking; procedures; related murder conviction ...................... HB 249

GBI Scientific Reports; admissible evidence; defendant's rights

HB 47

Habeas Corpus; inmate petitions; location of proceedings ...................... SB 99

Indictments; superior court circuit grand and trial juries

SB 149

Jurors; grand and trial; select from certain geographic areas

SR 26

DEBTOR AND CREDITOR Debtor Group Life Insurance; maximum coverage Garnishment; continuing, proceedings against earnings Money Judgments; civil actions; additional discovery measures

HB 553 SB 247 SB 227

DECATUR, CITY OF Board of Education; terms ................................................. HB 814 Bonds; off-street parking; continue in force.................................. HB 370 Commissioners; elections; terms ............................................ HB 969 Corporate Limits ......................................................... HB 373

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INDEX

2375

DECATUR COUNTY Board of Education; compensation; expense allowances ....................... HB 122 State Court; judge; solicitor; compensation .................................. HB 123
DECEPTIVE PRACTICES (See Fair Business Practices or Commerce and Trade)
DEFENSE DEPARTMENT (Also See Military Affairs) State Defense Force; special license plates................................... SB 311
DEKALB COUNTY Ad Valorem Tax; exemption; certain property improvements; continue ......... HB 651 Board of Commissioners; chief executive and members compensation ......... HB 1043 Board of Commissioners; compensation .................................... HB 1069 Board of Education; compensation......................................... HB 1054 Board of Education; compensation; repeal Act .............................. HB 1032 Board of Education; temporary loans; continue in force ...................... HB 237 Coroner; compensation ................................................... HB 1069 DeKalb County Airport Authority; abolished ................................ HB 667 Flat Shoals Parkway; designate ............................................ HR 188 Form of Government; powers; continue in force.............................. SB 165 Government Study Commission ............................................ HR 109 Pension Board; membership; contributions .................................. HB 990 Probate Court; judge; compensation ....................................... HB 1068 State Court; additional assistant solicitors .................................. HB 1078 State Court; additional judge .................... HB 774 Superior Court; clerk; compensation ...................................... .HB 1068 Tax Commissioner; compensation.......................................... HB 1069
DEMOCRATIC NATIONAL CONVENTION, 1988; Paul G. Kirk; commend . .... SR 113
DENTISTS AND DENTAL HYGIENISTS Dentures, Dental Prostheses; identifiable markings of wearers ................ SB 98 Licensure; sedation; anesthesia; reports; dental assistants .................... .HB 125 Preferred Provider Arrangements Act; standards; insurers .................... HB 507 Torts; limitation of actions; Medical Malpractice Reform Act ................... SB 2
DEVEGTER, MICHAEL S.; Recognize ......................... SR 228
DEVELOPMENT AUTHORITIES (Also See Authorities) Bond Proceeds; authorize invest local government investment pool ............. HB 45 Bonds; Georgia Allocation System; create ................................... HB 619 Bonds; limit federal tax interest income; constitutional convention. ............. SR 44 Bonds; public facility; subject voter approval; amend Constitution ............. SR 167 County Authorities; directors; terms; appointment ........................... SB 331 County Building Authority; Fulton County; bonds; judicial facility............. HB 607 County Housing Authorities; commissioners; terms of office ................... SB 332 Disposition of Real Property; fair market value .............................. HB 953 Housing Projects; private management agreements; powers; bonds ............. HB 309 Land Use Information System Joint Study Committee ........................ SR 92 Local; bond proceeds; authorized investments................................ SB 327 Metropolitan APDC; annual resident populous assessments .................... HB 80 Redevelopment Powers Law; additional impaired areas ....................... HB 561 Rural Economic Development Law; enactment............................... SB 191 Rural Economic Development; state-wide plan; define state agencies ........... HB 148
DIABETES AWARENESS MONTH; Proclaim November ....................... SR 71
DIETICIANS AND DIETETIC COUNSELORS; Licensure; requirements; internship ...........................................................HB 38
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2376

JOURNAL OF THE SENATE

DISABLED (See Handicapped or Elderly)

DISTRICT ATTORNEYS (Also See Judicial Circuits) Chief Assistant; former state court solicitors; certain circuits Investigators; judicial circuits; appointment; qualifications

SB 354 HB 27

DISTRICT OF COLUMBIA; Regional interstate banking

SB 216

DIVORCE (See Domestic Relations)

DOCTORS OF THE DAY Anderson, Dr. Larry W. ................................................. Page 183 Bailey, Dr. Bates ....................................................... Page 714 Baugh, Dr. James....................................................... Page 339 Blissett, Dr. Joseph .................................................... Page 1198 Boyle, Dr. Stephen...................................................... Page 487 Carter, Dr. Glenn ...................................................... Page 1603 Chapman, Dr. Roger .................................................... Page 291 Collins, Dr. William C. ................................................... Page 45 Davidson, Dr. Gene .................................................... Page 1417 Freeman, Dr. Larry .................................................... Page 1361 Gamwell, Dr. John ...................................................... Page 817 Hames, Dr. Curtis ....................................................... Page 58 Hawk, Dr. Judson ...................................................... Page 385 Jolley, Dr. Fleming ..................................................... Page 198 Kaufmann, Dr. James A. ................................................. Page 28 Kinard, Dr. Gene ....................................................... Page 468 Menendez, Dr. Jack .................................................... Page 1552 Metts, Dr. James ....................................................... Page 147 Musarra, Dr. E. Anthony ............................................... Page 1148 Muse, Dr. A. D. ........................................................ Page 408 Rankin, Dr. Fred ........................................................ Page 88 Shannon, Dr. George ..................................................... Page 75 Sherman, Dr. Eloise..................................................... Page 322 Tillman, Dr. Ralph ..................................................... Page 858 Tripp, Dr. John ........................................................ Page 433 Wabnitz, Dr. Steven A................................................... Page 322 Watson, Dr. John ....................................................... Page 166 Weems, Dr. H. C........................................................ Page 760 Wetherby, Dr. David .................................................... Page 245 Williams, Dr. Robert A. ................................................ Page 1088

DODGE COUNTY; Magistrate Court; chief magistrate; elections; terms; vacancies................................................................. SB 353

DOERUN, CITY OF; Bonds; local constitutional amendment continued

HB 760

DOMESTIC RELATIONS

Adoption by Stepparent; biological mother's affidavit requirements ............. SB 43

Adoption Records; birth parent information; release procedures ................ SB 63

Adoption; special needs, handicap, foreign; joint study committee

SR 109

Alimony and Child Support; enforcement and collection procedures

HB 302

Battery; define offense, set punishment, sentence ............................ SB 203

Child Abuse and Neglect Prevention Act; enact; Children's Trust Fund

SB 159

Child Abuse; protocol committees; county agencies; reports

HB 913

Child Controlled Substance or Marijuana Abuse; reports to parents

SB 121

Child Custody; minor's right to select parent; change age ..................... SB 125

Child Support; enforcement; DHR collect interest on judgments

SB 271

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INDEX

2377

DOMESTIC RELATIONS (Continued)

Child Support; enforcement proceedings; immunity, court witnesses

SB 270

Child Support; enforcement; reimbursement for attorney's fees

SB 272

Child Support; recovery; employers provide DHR information ................. HB 625

Child Support; substandard support requiring public assistance; liability

SB 269

Children's Trust Fund; fees in divorce cases, marriage licenses

SB 159

Divorce; uncontested; evidentiary hearings; motion to set aside ................ HB 234

Duty of Support, Parent's; mentally, physically disabled minors

SB 35

Marriage Licenses; residency of applicants .................................. SB 287

Parents Without Partners Month; designate ................................. SR 117

Wills; marital deduction; procedures ........................................ SB 255

DOOLY COUNTY; Industrial Development Authority; continue in force ....... SB 181

DOUGHERTY COUNTY

Assessment of Property for Taxation; continue in force

HB 1062

Board of Commissioners; compensation

HB 1061

Education Board; elections; districts; compensation; referendum

HB 1063

Garbage Collection Franchises; continue in force ............................ HB 1060

School System; merger; continue in force................................... HB 1059

State Court; change costs and fee provisions

HB 1064

DOUGLAS COUNTY

Board of Education; elections; continue in force ............................. HB 592

Bonds; road purposes; continue in force ..................................... HB 597

Business Licenses; ordinances; continue in force ............................. HB 593

Civil Service System; continue in force...................................... HB 594

Douglas-Coffee County Industrial Authority; continue in force ................ HB 156

Douglasville-Douglas County Stadium Authority; continue in force ............ HB 591

Douglasville-Douglas County Water, Sewer Authority; members; liens .......... SB 391

Recall; public officials, education board members; continue ................... HB 596

Water, Sanitation, Sewerage, and Fire Protection Districts; continue

HB 595

DOUGLAS JUDICIAL CIRCUIT; Superior Court; change term

SB 59

DOUGLASVILLE, CITY OF

Douglasville-Douglas County Stadium Authority; continue in force

HB 591

Douglasville-Douglas County Water, Sewer Authority; members; liens .......... SB 391

DRIVER IMPROVEMENT CLINICS; Fees

SB 45

DRIVER'S LICENSE (Also See Motor Vehicles and Traffic)

Applications; written tests requirements..................................... SB 117

Driver Improvement Clinics; rehabilitate problem drivers; fees

SB 45

DUI; violations; federal law, local ordinances, current or prior laws;

other states .............................................................HB 37

Examiners; deputy voter registrars; additional registration places .............. SB 365

Habitual Violators; revocation; redefine conviction time period ................ SB 157

Habitual Violators; suspension; point reduction; notices to PSD ............... HB 266

Habitual Violators; unlawful flight; felony if involve other elements............ SB 150

Identification Cards; false representation; purchase tobacco products........... HB 142

Juvenile Traffic and Waterways Offenses; penalties........................... SB 147

Suspension; DUI; implied consent; law enforcement reports .................... SB 92

Suspension; refusal of chemical tests; injurious traffic accident ................. SB 91

Uninsured Motorists; deposit of driver's license; suspensions ................... HB 70

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2378

JOURNAL OF THE SENATE

DRIVING UNDER INFLUENCE, DUI Chemical Testing; requirements; injurious traffic accidents ............... SB 91 Chemical Tests; two identical tests administered 30 minutes apart..... SB 317 Driver Improvement Clinics; fees .................................. SB 45 Driver's License Suspension; implied consent; officer's reports ............ SB 92 DUI; fixing punishment for violations; determining factors .................... SB 138 Habitual Violators; license suspension; serious injury by vehicles .............. HB 266 Juveniles; mandatory driver's license, permit suspension ...................... SB 120 Serious Injury by Vehicle; maximum penalty; felony offense .................. HB 796 Unlawful Flight In Serious Traffic Offenses; felony ........................... SB 150 Vehicle Declared Contraband; forfeiture for no insurance coverage ......... SB 60 Vehicles; forfeiture, seizure procedures; proceeds of sale ...................... SB 103 Violations; prior convictions of federal, local or other states.................... SB 77

DRUGS AND DRUG ABUSE

Child Controlled Substance or Marijuana Abuse; reports ..................... SB 121

Cocaine Trafficking; imprisonment, mandatory term .......................... SB 214

Cocaine Trafficking; mandatory, discretionary penalties ....................... SB 209

Dangerous Drugs; complimentary samples; sale prohibited .................... SB 285

Drug Dependent Persons; involuntary treatment; noncompliance

..... SB 24

Drug Testing; students in public schools, procedures .................... SB 65

Drug Trafficking; increase fines as condition of probation ..................... SB 122

Drug Trafficking; not bailable offense; superior court jurisdiction .............. HB 776

Drug Trafficking; related murder conviction; death penalty procedures ......... HB 249

DUI; chemical tests; implied consent; license suspension periods ....... SB 92

DUI; chemical tests requirements; injurious traffic accidents ................ SB 91

DUI; chemical tests; two tests administered 30 minutes apart ................. SB 317

Education; require public school health course on drug abuse .................. SB 66

Forfeited Money or Property; local government use of proceeds ................ HB 74

Forfeitures; Controlled Substances Act; local government use of money ........ HB 250

Forfeitures; money, property, proceeds; use by law enforcement agency ........ HB 244

Juvenile Delinquent Acts; mandatory driver's license suspension ...... SB 120

Prescription Drugs; withholding information from practitioner ................ HB 169

Prescriptions; duplicate prescriptions from another practitioner ............... HB 968

Prescriptions; generic substitution; pharmacists; forms........................ SB 289

Weapons Possession; during commission of a crime; arm's reach............... HB 365

DUBLIN, CITY OF Corporate Limits ................................ HB 349 Downtown Development Authority; continue in force......................... HB 986 Dublin-Laurens County Development Authority; continue in force ............. HB 989

DUCKS OR GEESE; Waterfowl stamp fund; establish ................... HB 326

DUDLEY, TOWN OF; Industry promotion; tax levy; continue in force......... HB 985

DULUTH, CITY OF; New charter................................... HB 732

DUMBWAITERS; Installation; inspection; permits; reports ................... HB 840

DUNCAN, FRANCES S.; State Elections Division; commend .................... SR 87

DUNN, JAMES W.; DeKalb Chamber of Commerce, commend .............. SR 83

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INDEX

2379

E

ECHOLS COUNTY Development Authority; continue in force Probate Court; judge; serve County Court; continue in force

HB 1012 HB 1013

ECONOMIC DEVELOPMENT Regents Board; lease of unused facilities to private businesses Regents Board; lease of unused facilities to private businesses

SB 267 SB 268

ECONOMIC DEVELOPMENT COUNCIL; Repealed

HB 20

EDUCATION

Academic Recognition Day, University System of Georgia; commend

SR 46

Alcohol, Smoking, Drug Abuse; require public school health courses ............ SB 66

Alternative High School Program, Rich's Academy; commend

SR 135

Amend Quality Basic Education Act extensively ............................. SB 179

Appropriations; supplemental FY 6-30-87; asbestos abatement .................. HB 2

Art; Youth Art Month, encourage March observance ......................... SR 151

Arts, Residential High Schools; joint study committee ......................... SR 70

Athletic Associations, Private; activities in public schools ..................... SB 126

Beer, Wine Sales; prohibit near educational buildings, exceptions

SB 49

Campus Policemen; witness fees; civil cases ................................. HB 127

County Boards; bond proceeds; local government investment pool .............. HB 45

Drug Testing; students in public schools, procedures .......................... SB 65

Educational Reinvestment Act for AFDC Children; GERA trust program ...... SB 232

Employment Certificates for Minors; core curriculum passing grades ........... SB 313

Foreign Language Institute; create.......................................... SB 291

Health Curriculum; require courses on alcohol, smoking, drug abuse ............ SB 66

Higher Education Assistance Corporation; redefine eligible student ............ HB 809

Higher Education Assistance Corporation; service cancelable loans; reports HB 807

Immunization; transfer students; waivers, change time period .................. HB 12

Libraries; independent school systems; general obligation bonds

HB 647

Literacy; Governor's Task Force on Adult Literacy............................ HR 64

Minority Students; faculty representation, ethnic groups; encourage ........... SR 154

North Georgia College; military scholarships; number; selection ...

HB 450

Postsecondary Degrees; nonpublic degree-granting institutions................. HB 815

Postsecondary Vocational-Technical Schools; QBE Reviser's Bill .............. SB 179

Preschool Programs; religious nonprofit; licensure; inspections ................. SB 111

Private Colleges and Universities Authority; members; compensation;

disposition of funds ..................................................... HB 307

Private Colleges Authority; student loan revenue bond proceeds ............... SB 371

Proprietary School Act; certificates of authorization; sex education

HB 905

Public School Employees; community colleges; health coverage for retirees HB 247

Public School Employees; Ethics and Grievance Procedures Study Committee SR 158

Public School Employees; retirees; health insurance coverage.................. SB 316

Public School Employees Retirement; prior teaching service credit ............ SB 221

Quality Basic Education Act; amend extensively ............................. SB 179

Retirement; local school districts, boards; public retirement systems

HB 354

School Buses; colored flasher lights; change requirements ...................... SB 90

School Buses; seat belts, study committee .................................... SR 20

School Security Personnel; membership Teachers Retirement System .......... SB 370

Sex Education; course of study in public schools............................. HB 905

Sex Education; prescribed course in public schools ........................... SB 351

Sex Education; public schools; course topics defined.......................... SB 352

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2380

JOURNAL OF THE SENATE

EDUCATION (Continued) State Board; General Assembly elect members; amend Constitution . ......... . SR 142 State School Superintendent; state board appoint; amend Constitution......... SR 142 Superintendents; local; elections; qualifications; vacancies ..................... SB 323 Superintendents; school boards appoint; amend Constitution .................. SR 129 Teacher Certification; Educational Assessment Joint Study Committee......... HR 219 Teachers; contract rights, nonrenewal, demotion, school mergers............... SB 231 Teachers; faculty representation of ethnic groups; encourage .................. SR 154 Teachers; sick leave; accumulation provisions toward retirement............... SB 161 Testing Programs; teachers, student assessment; study committee ............. HR 219 Tuition Equalization Grants; define approved private colleges ................. SB 152 Tuition Payment Alternatives Study Committee; create ....................... SR 78 University System; laboratory, equipment, rehabilitation, technology, scholars endowment study committee ...................................... SR 13 University System; lease of laboratory and research facilities.................. SB 267 University System; lease of unused facilities to small businesses ............... SB 268 Vocational; Allison Healan Lawrence, 1986 GOAL Award; commend ........... SR 105 Vocational-Technical; postsecondary schools; employee benefits, compensation; establish state board; local boards ........................................ HB 267
EFFINGHAM COUNTY Board of Education; reconstitute; elections; terms; referendum ................ HB 888 State Court; judge; salary.................................................. HB 548 State Court; solicitor; salary ............................................... HB 549
ELDERLY Battery, Simple; against persons 65 or older; penalties......................... HB 99 Cosmetology Services; disabled clients; state board regulate ................... HB 269 Fishing Licenses; reciprocal agreements; Florida ............................. HB 451 Motor Vehicle Insurance; optional coverages; loss of income............ SB 31 Social Security; benefit levels; urge Congress eliminate disparity................ HR 76
ELECTED OFFICIALS (Also See Public Officers and Employees or Elections)
ELECTIONS Agriculture Commissioner; appointment by Governor; amend Constitution...... SR 132 Agriculture Commissioner; appointment by Governor, not elected ....... SB 326 Amend Code Title; revisions, corrections ..................................... HB 26 Amend Code Title; revisions, corrections ..................................... SB 97 Amend Code; write-ins; registrars; absentee ballots; elector lists ............. SB 13 Ballots; change form; delete straight party ticket voting ............. SB 58 Ballots; delete straight political party vote except presidential ................. SB 11 Board, State; elect Roger F. Kahn of Fulton County as member............... SR 145 Boards; joint county-municipal; special primaries ............................ HB 185 Campaign Contributions; certain candidates, local report requirements .......... SB 26 Campaign Contributions; disclosure reports; filing; revision.................... HB 187 Campaign Contributions; limit monetary amounts, disposition of excess ........ SB 234 Campaign Financial Disclosure; contributions; recall; reports ........ SB 97 Candidate Vacancies; death or disqualification after nomination ............... HB 165 Candidates; contributions; use of certain funds; reports ....................... SB 156 Candidates; death or disqualification after nomination; write-in ............... HB 185 Candidates for State Office; disclosure reports; filing exceptions ................ SB 26 Candidates; no opposition, no election; write-in candidates............. SB 71 Candidates; pauper's affidavit; qualifying petitions ........................... HB 654 Candidates; qualifications; appeals; qualifying fees, dates ..................... HB 185 Chief Magistrates; non-partisan elections .................................... SB 194
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INDEX

2381

ELECTIONS (Continued)

Contested; superintendents as defendants; settlement procedures .............. HB 465

Education, State Board; by General Assembly; amend Constitution . . .......... SR 142

Electors Certified List; filing clerk of superior court repealed.................. HB 190

Ethics in Government Act; county and municipal officials..................... SB 309

Ethics in Government Act; recall; campaign contributions; excess; influencing

referendums, constitutional amendments; reports .......................... SB 156

Ethics in Government Act; revisions; State Ethics Commission

HB 187

Governor; term of office, change to six years.................................. SR 16

Handicap Electors; ballots and accommodations ............................. HB 185

Insurance Commissioner; ethics; campaign contributions; prohibitions ........... SB 18

Insurance Commissioner; Governor appoint; amend Constitution .............. SR 130

Insurance Commissioner; not elected official; appointed by Governor........... SB 324

Insurance Commissioner; prohibit certain campaign contributions .............. SB 76

Judges; superior court; election by judicial circuit electors ..................... HB 25

Labor Commissioner; appointment by Governor, not elected official............ SB 325

Labor Commissioner; Governor appoint; amend Constitution

SR 131

Municipal; absentee voting ................................................ HB 421

Municipal; authorization of counties to conduct.............................. HB 165

Municipal; authorize counties conduct certain elections; appeals ............... HB 185

Municipal; delete straight political party vote except presidential............... SB 11

Municipal; procedures; delete straight party ticket voting ...................... SB 58

Municipal; procedures; when all seats vacant ................................ HB 184

Municipal; uniform election date; biennial elections; terms .................... HB 202

Municipal; write-in candidates; absentee ballots; elector lists ................... SB 13

Pauper's Candidate Affidavit; qualifying petitions ............................ HB 654

Presidential Electors; methods of casting ballots .............................. SB 58

Primaries; contested; superintendents as defendants; settlement ............... HB 465

Public Officers Recall Act; amend; procedures; petitions; records ............... SB 27

Recall of Public Officials; change certain procedures........................... SB 61

Recall; contributions ...................................................... SB 156

Registered Voters; placement of names on jury lists .......................... SB 346

State Ethics Commission; complaint procedures; powers; membership

SB 97

State Officers, Employees; political activities authorized; limitations ............. SB 3

State School Superintendent; appointment; amend Constitution ............... SR 142

Superintendents of Local Schools; qualifications; vacancies.................... SB 323

Voter Registration; registrars; license examiners, facilities ..................... SB 365

Voters; certificates; registration............................................. HB 185

Voting; delete straight political party vote except presidential

SB 11

Voting; straight party ticket vote prohibited; exceptions ....................... SB 58

Write-in Candidates; prohibitions; requirements .............................. SB 13

ELECTRICAL CONTRACTORS; Licensure, examination exceptions .......... SB 62

ELECTRONIC MEDIA; Postsecondary Degree-granting; regulate

HB 815

ELEVATORS; Standards; installation; inspection; permits; accident reports HB 840

ELLEN, JOHN; Floyd County; commend ..................................... SR 192

ELLIJAY-GILMER COUNTY WATER AND SEWERAGE AUTHORITY; Create .................................................................. HB 1080

EMANUEL COUNTY; Board of Elections; create............................ HB 858

EMERGENCY MANAGEMENT; Repeal state assistance to local organizations ............................................................. HB 404

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2382

JOURNAL OF THE SENATE

EMERGENCY MEDICAL SERVICES

Ambulances; number of technicians required; certain counties

HB 177

Ambulances; vehicle insurance coverage; operated by the state ................. HB 70

Hazardous Materials; emergency response plans; advisory council............... HR 59

Indemnification; medical technicians killed, disabled on duty................... HB 10

Revisions; regional councils; trauma centers; advisors; paramedics ............. SB 315

EMERGENCY TELEPHONE NUMBER '911' SERVICE; Maintenance fees .....................................................................HB 218

EMINENT DOMAIN

Condemnor; payment of expenses; attorney's fees; appeals

HB 436

Property Acquisition for Highway Improvement; define purposes ............. SB 118

EMPLOYEES' RETIREMENT SYSTEM Counties of 500,000; membership options; family and childrens services ........ SB 379 County Health Board Employees; counties of 550,000; options ................. SB 87 Creditable Service; public service in other states, federal agency............... SB 304 Creditable Service; redefine prior service; military service credit................ SB 38 Jekyll Island-State Park Authority; exclude certain employees ................ HB 193 Probation System Employees; counties of 550,000 ............................ SB 145 Retirees; options revocation; divorce; spouse's death; remarriage ............... SB 129

EMPLOYMENT Criminal History Records; dissemination by law enforcement ................. HB 312 Disabled Persons; policy; urge Governor create task force ..................... SR 125 Discharge or Suspension for Cause; effect on unemployment benefits ........... SB 75 Employees Attending Judicial Proceedings; discipline prohibited ............... SB 41 Garnishment; procedures .................................................. SB 247 Independent Contractors; tort liability of employers, conditions ............... SB 207 Independent Contractors; workers' compensation exclusions .................... SB 40 Minors; certificate requirements; school grades; maximum hours ............... SB 313

EMPLOYMENT SECURITY LAW (Also See Labor and Industrial Relations) Labor Department; supplemental appropriations; unemployment trust fund HB 562 Maximum Weekly Benefits; grounds for disqualification ....................... SB 75 Wages; administrative assessment on contributions; new employers ............. HB 11

ENERGY; Resource Recovery Development Authorities; revenue bonds ......... SB 336

ENERGY RESOURCES OFFICE; Joint policy study committee .............. HR 98

ENGRAM, SENATOR BEV; Excused during hospitalization ................ Page 45

ENVIRONMENTAL FACILITIES AUTHORITY; Bonds; loans to local governments.............................................................. HB 647

ENVIRONMENTAL PROTECTION (Also See Natural Resources or Conservation) Asbestos Safety Act; licensure of contractors ................................ HB 463 Construction Activity Prohibition on Abandoned Landfills Act ................ HB 435 Garbage, Waste; dumping across county lines unlawful; exception .............. SB 33 Hazardous Waste Cleanup; liens; Superfund Amendments and Reauthorization Act..................................................... HB 713 Hazardous Waste Discharge; assist in reducing damages; immunity ............ SB 136 Landfills, Abandoned; construction activity prohibited; enact.................. SB 175 Oil or Hazardous Material Spilled or Released; reporting procedures........... HB 775 Water Pollution; marine toilets; sewage; prohibitions ......................... HB 308 Water Quality Act; urge President, Congress reauthorize....................... HR 69

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INDEX

2383

ESTATES (Also See Wills, Trusts, and Administration of Estates) Administrators; alien residency requirements ................................. HB 55 Custodian of Funds; minors, incapacitated adults; probate court judges ........ HB 624 Foreign Wills; inventory; executor requirements.............................. HB 598

ESTATE TAX; Revise Code; incorporate provisions of federal law ...... HB 87

ETHICS IN GOVERNMENT (Also See Elections)

Campaign Contributions; certain candidates, local report requirements

... SB 26

Campaign Contributions; disposition; recall elections, influencing referendums,

constitutional amendments; excess; reports ................................ SB 156

Campaign Contributions; limit monetary amounts; excess transfers ...

SB 234

Contested Elections, Primaries; defendants; settlement procedures ............. HB 465

County and Municipal Elected Officials; defined as 'public officer' ............. SB 309

Elections; redefine 'contributions'; disclosure reports; recall .................... SB 97

Insurance Commissioner; campaign contribution limitations .................... SB 76

Insurance Commissioner; insurer campaign contributions; prohibitions .......... SB 18

Recall of Public Officers Act; procedures; definitions; records................... SB 27

Recall of Public Officials; change certain procedures........................... SB 61

Revision; campaign contributions; reports; State Ethics Commission;

membership; Secretary of State functions; public records ................... HB 187

Rezoning Actions; disclosure; financial interest, local officials .................. HB 113

State Employees; political activities authorized; limitations ..................... SB 3

State Ethics Commission; define membership terms, duties, powers ..... SB 97

ETON, CITY OF; New charter ....................................... HB 902

EVANS COUNTY; Board of Education; composition; elections; compensation; referendum............................................................... SB 303

EVANS, RANDALL, JR.; Portrait in Capitol .............................. .HR 249

EVANS, WILLIAM, SR.; Elected to State Transportation Board.....

Page 90

EVIDENCE

Criminal Cases; GBI Scientific Reports; statements to police .......

HB 47

Georgia Law of Evidence; study by State Bar; encourage report ............... HR 194

Library Records; confidentiality; disclosure exceptions; immunity .............. HB 297

Notaries; document certification; knowledge of contents ...................... HB 618

Scientific Reports, Statements; right of defendant to copies ................... SB 169

Securities; Secretary of State certificate admissible .................... SB 78

Witness Fees; arson investigators ........................................... SB 264

Witness Fees; civil cases; law enforcement officers............................ HB 127

Witnesses; spouse's testimony compellable; crimes against child ................ SB 34

EXAMINING BOARDS, STATE Auctioneers Commission; regulation; companies; licensure; sanctions ........... HB 300 Cosmetology State Board; regulate services to disabled clients................. HB 269 Geologists; regulation; certificates; board powers and duties ................... HB 383 Healing Arts Practitioners; delegation of duties; conditions ................... SB 238 Librarians, State Certification Board; composition; extend to 1993 ............. HB 310 Medical Examiners Board; powers; duties; director; members; reports ........ SB 348 Medicine; licenses to teach; medical malpractice investigations ................ SB 286 Physical Therapists; licensure; standards of care ............................. SB 292 Polygraph Examiners, State Board; extend to 1993......................... HB 583 Private Detective and Security Agencies; regulation; extend to 1993 ........... HB 493 Recreation Examiners; composition; duties; licensure; permits ................. HB 515 Speech Pathology and Audiology; continue; physician hearing tests ....... HB 432 State Boxing Commission; licenses; redefine professional matches.............. HB 558

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2384

JOURNAL OF THE SENATE

EXAMINING BOARDS, STATE (Continued) Used Car Dealers, Board of Registration; rules, regulations; seminars .......... HB 576
EXTRADITION WAIVERS; Magistrate Courts; jurisdiction.................. SB 201

FABIAN, EVELYN SISK; Commend ......................................... SR 229

FAIR BUSINESS PRACTICES (Also See Commerce and Trade)

Actions for Damages; purchase of dwelling; office supply transactions

SB 278

Buying Services; violations; contracts; cancellations............................ HB 56

Fundraisers, Professional; regulation; solicitors; charities ...................... HB 605

Motor Vehicle Dealers; deceptive practices unlawful, retail sales ............... SB 257

Promotional Giveaway Contests; regulation .................................. HB 201

Telephones; automatic dial, recorded messages; regulate, permits

SB 17

FAIRCLOTH, AMY; National 4-H champion; commend ......................... SR 63

FAMILY VIOLENCE Battery; define 'visible bodily harm'; punishment; sentences................... SB 203 Pistols and Revolvers; waiting period before final sale ........................ SB 378 Sale or Dissemination Harmful Materials to Minors; prohibitions.............. HB 197 Simple Battery; against persons 65 years or older; penalties.................... HB 99

FANNIN COUNTY

Board of Commissioners; elections; terms ................................... SB 333

Board of Education; nonpartisan elections; referendum

SB 356

Property Conveyance; Forestry Commission structure to commission ............ HR 60

Property Conveyance; surplus property to City of Blue Ridge ................. HR 275

FARMS AND FARMERS

Ad Valorem Tax; preferential assessment; penalties; ownership

HB 327

Agricultural Crop Donations; limit tort liability ............................... HB 73

Agricultural Pursuits; prohibit county health boards regulate.................. SB 290

Bonds; farm loan pool; Georgia Allocation System ........................... HB 619

Farm Bureau Day; proclaim ................................................ SR 80

Fish Farms; commercial hatcheries; define; exceptions; licensure ................. HB 7

Poultry, Domestic Fowl; disease control; regulate movement activities.......... HB 641

Tax, Preferential Property Assessment; filing; ownership changes .............. SB 211

Tobacco Growers; permit certain allotment purchases, urge Congress .......... SR 114

FARMS (Also See Agriculture)

FAYETTE COUNTY

Board of Commissioners; compensation; expenses ............................ HB 781

Board of Education; election; continue in force .............................. HB 864

Clerk of the Superior Court; compensation .................................. HB 779

Magistrate; elections ...................................................... HB 780

Motor Vehicle Registration; staggered tag sales .............................. SB 314

Probate Court Judge; compensation

... HB 783

Sheriff; compensation ..................................................... HB 782

Tax Commissioner; compensation........................................... HB 784

Water Authority; creation ................................................. SB 369

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INDEX

2385

FEDERAL GOVERNMENT (Also See Congress, U.S.)

Forestry Incentives Program; urge delegation influence funding ............... SR 104

Internal Revenue Code of 1986; conform state tax Code ....................... HB 87

Peace Officers; federal retirees; employment and training ..................... HB 416

Ratify U.S. Constitution; limit congressional salary increases .................. HR 282

Social Security; benefit levels; urge eliminate disparity ........................ HR 76

Tobacco Growers; urge Congress, permit certain allotment purchases

SR 114

FEIGHT, SCOTT JOHN; Commend

SR 128

FETKO, LAURA; Commend ................................................. SR 127

FILIBUSTERS SOFTBALL TEAM, LEGISLATIVE COUNSEL; Commend

SR 30

FINANCIAL INSTITUTIONS (Also See Banking and Finance)

FIRE PROTECTION AND SAFETY

Arson Investigators; witness fees, court subpoena ............................ SB 264

Elevators; dumbwaiters; escalators; manlifts; moving walks .................... HB 840

Emergency Notification Act; toxic substance hazards in workplace ............. SB 137

Firemen; absentee voting in municipal elections ........................... HB 421

Firemen Indemnification; disabled on duty subsequent 1973

HB 10

Firemen; injury by inmates; communicable disease transmission

HB 92

Firemen; volunteers; special motor vehicle license plates ....................... SB 37

Firemen's Pension Fund; membership; reinstatement conditions; creditable

service; disability benefits waivers ........................................ HB 355

Hazardous Materials; emergency response teams; advisory council

HR 59

Public Safety Officers; Firefighter Standards and Training Act ................ HB 686

Smoke Detectors; require in buildings with sleeping accommodations ......... HB 311

Smoke Detectors; required in new residential construction

SB 10

Smoke Detectors; standards................................................ HB 840

FIREARMS AND WEAPONS

Antiterroristic Training; teaching use for civil disorder; penalties

HB 916

Bombs; false or facsimiles; prohibitions; penalties ............................ HB 601

Conservation Ranger; wildlife technicians; retirees; retain weapons ...

HB 261

Dealers; regulate pistol, revolvers sales ...................................... SB 378

First Offenders; prohibit possession while on probation ....................... HB 466

Inmates; jails; unlawful possession ........................................... HB 17

Magistrates, Solicitors; carry pistols in public buildings ....................... HB 343

Possession; during commission of a crime; arm's reach; clarify................. HB 365

FIREMEN'S RECOGNITION DAY; Commend................................. SR 68

FIRST PRESBYTERIAN CHURCH; Milledgeville; property lease .......... .HR 125

FISCAL IMPACT LEGISLATION Local Government Impact Fiscal Notes Act; repeal ........................... SB 22 Retirement Bills; passage provisions; actuarial studies .......................... SB 6

FISHING (Also See Game and Fish)

FITZGERALD, BRYAN TODD; Compensate

HR 254

FITZGERALD, CITY OF

Fitzgerald-Ben Hill County Development Authority; continue in force

HB 403

Industry Promotion; authority levy tax; continue in force ..................... HB 400

FLAT SHOALS PARKWAY; Designate in DeKalb County ................. .HR 188

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2386

JOURNAL OF THE SENATE

FLORIDA Fishing Licenses; reciprocal agreements; elderly residents ..................... HB 451
Nonresident Commercial Fishing License; fees .............................. HB 1010

FLOYD COUNTY Board of Education; districts; school superintendent; continue in force ......... HB 389 Board of Education; temporary loans; continue in force ...................... HB 237 Bonds; schools beyond twelfth grade; tax levy; continue in force............... HB 388 Juvenile Court; judge; continue in force ..................................... HB 390 School System; merger; Rome Independent-Floyd County; referendum .... HB 1016 Superior Court Clerk; Probate Court Judge; salary supplements ............. HB 1125 Tax Commissioner; compensation; supplement.............................. HB 1124

FOOD, DRUGS AND COSMETICS (Also See Drugs or Pharmacies) Drugs; duplicate prescriptions; withhold information from practitioner ......... HB 968 Fish Dealers, Wholesale; licenses; fees; nonresidents .......................... SB 206 Food Donors; canned or perishable; limitation on liability ..................... HB 73 Generic Brand Drug Substitution; prescription forms......................... SB 289 Pharmacists; withholding information from practitioner....................... HB 169

FOREIGN LANGUAGE INSTITUTE, GEORGIA; Create

SB 291

FORESTRY Commission; convey certain structure; Calhoun County ....................... HR 250 Commission; property conveyance; to Johns Timber Co.; Brantley County ...... HR 275 Commission; property exchange; Piedmont Automotive Products, Habersham County .................................................... .HR 252 Commission; property transfer to Clinch County Commission .................. SR 33 Commission; transfer structure to Fannin County Commission ................. HR 60 Incentives Program; private landowners; urge Congress fund .................. SR 104 Timber Sales; Natural Resources Department; use of funds ................... SB 107 Tree Farm System, Georgia; commend ....................................... SR 25 Vehicles; harvesting, transporting products; comply safety rules ............... HB 859 Youth Conservation Corps; establish ......................................... HB 82

FORSYTH, CITY OF; A. L. (Al) Burruss Correctional Training Center; designate ........................................... HR 146

FORSYTH COUNTY; Board of Registrations and Elections; create .......... .HB 1091

FORT GAINES Industry Promotion; tax levy; continue in force ............................. HB 1147 Municipal Port and Terminal Facilities; continue in force .................. .HB 1145

FORT OGLETHORPE; Lakeview-Fort Oglethorpe-Catoosa County Stadium Authority; continue ........................................................ SB 69

FORT VALLEY, CITY OF; Redevelopment powers; referendum ............ .HB 1110

FOWLER, DON; Democratic Convention Chairman, remarks ................ Page 1610

FOWLER, WYCHE, U.S. SENATOR; Commend ............................... SR 32

FRANKLIN COUNTY

Board of Commissioners; advisory board; meeting dates; compensation

... HB 749

Industrial Building Authority; continue in force.............................. HB 362

FREEMAN, HOUSTON LEE; Floyd County; commend .............. SR 191

FREEMAN, ROBERT R., DR.; Commend .................................... SR 149

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INDEX

2387

FULTON COUNTY

Airport Property; leases; taxable estate for years ............................. HB 455

Annexation; municipalities; approval; change population figures ................ HB 66

Board of Commissioners; compensation; population classification

SB 84

Board of Education; members; compensation ................................ HB 544

Board of Education; temporary loans; continue in force ...................... HB 237

Board of Health; employees retirement system options ........................ SB 87

Board of Health; reimbursement for employee retirement services

SB 88

Community Improvement Districts; creation; bonds; taxes

SB 284

County Board of Health; create by ordinance................................. SB 86

County Building Authority; membership; bonds; judicial facility

HB 607

Court Systems; state and magistrate; fees for special fund .................... SB 253

Family and Children Services; certain employee retirement options

SB 379

Homestead Exemption; residents 70 or older; disabled; referendum

HB 284

Hotel-Motel Tax; excise tax rates certain counties; expenditures

HB 563

Magistrate Court; fees for volunteer legal service agencies .................... HB 275

North Fulton County Incorporation Joint Study Commission ................. SR 106

Probation System Employees; retirees; health insurance

SB 145

Public Works Contracts; lowest bids, determining factors

SB 81

School System Employees; retirement and pension fund; continue ............. HB 236

State Court; costs; proceedings against tenants holding over .................. SB 212

FUNERALS AND FUNERAL ESTABLISHMENTS

Embalmer or Funeral Director; apprentices licensure ......................... SB 239

Preneed Funeral Service Insurers; campaign contributions prohibitions

SB 18

Processions; escorts; law enforcement officers; liability immunity ............... SB 47

FUQUA, SAMUEL G., REAR ADMIRAL; Condolences ......................... SR 81

G

GAINESVILLE, CITY OF Independent School District; homestead exemption; referendum ............... HB 372 Redevelopment Authority; continue in force ................................. HB 546

GAME AND FISH (Also See Natural Resources)

Deer; hunting anterless or either-sex on certain days ......................... HB 655

Fish Farms, Hatcheries; agricultural pursuits; define; licensure .................. HB 7

Fish; wholesale dealers; licensure; fees; nonresidents

....

SB 206

Fishing; designate free days residents fish without license....................... HB 6

Fishing Licenses; reciprocal agreements; elderly Florida residents

HB 451

Foxes; hunting preserves; breeders; licensure; regulations ..................... HB 456

License Fees; agents; increase hunting, fishing fees; intent .................... SB 107

Nonresident Commercial Fishing License; fees ............................. HB 1010

Nonresident License Fees.................................................. SB 107

State Parks System Study Committee ..................... SR 161

Waterfowl Stamp Fund; establish .......................................... HB 326

Wildlife Importation Permits ............................................. HB 1010

GARNISHMENT Financial Institutions; document reproduction costs; reimbursement ............ SB 80 Proceedings; continuing if earnings computed hourly, weekly.................. SB 247 Uniform Partnership Act; garnishment provisions ............................. HB 31

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2388

JOURNAL OF THE SENATE

GASOLINE AND PETROLEUM PRODUCTS Municipal Gas Authority of Georgia; creation................................ HB 328 Service Stations; dispensing; handicapped disability permit holders ............ HB 460 Service Stations; prohibit manufacturers operate; allocations .................. SB 177 Spills, Releases; reporting requirements; enforcement; agencies ................ HB 775

GENERAL ASSEMBLY

Adjournment; January 16 to January 26 ...................................... HR 8

Adjournment; February 6 to February 9 ..................................... SR 98

Adjournment; February 9 to February 11 ................................... SR 103

Adjournment; February 13 to February 16 .................................. SR 133

Adjournment; February 20 to February 23 ...................... HR 307

Adjournment; February 26 to March 2 ................. HR 328

Adjournment; March 6 to March 9 ......................................... HR 402

Adjournment; March 10 to March 12 .......................... SR 223

Adjournment; sine die March 12 ........................................... SR 240

Appropriations; supplementary; emergencies; two-thirds vote ................... SR 86

Disruptive Conduct; during Session, meetings; weapons in Capitol ............. HB 126

Education, State Board; elect members; amend Constitution .................. SR 142

Initiative Petition; laws and statutes enacted by people ....................... SR 41

Joint Session; Dr. Henry King Stanford, UGA Interim President, address

SR 5

Joint Session; Governor's message ............................................ HR 6

Joint Session; inauguration, January 13 ....................................... HR 5

Joint Session; invite Supreme and Appellate Court Justices ..................... HR 7

Legislative Counsel; election by Legislative Services Committee ............... HB 378

Legislative Services Committee; audits; minutes of meetings .................. HB 387

Lobbyists and Registered Agents; unauthorized use of signatures .............. SB 345

Local Government Impact Fiscal Notes Act; repeal. ........................... SB 22

Members; election and terms; change to four-year term ........................ SR 7

Members; reimbursable expenses; per diem differential; penalties .............. SB 262

Members; retirement; prior service credit ................................... SB 193

Members; retirement, reduce benefits members after 6-30-87 .................. SB 222

Members; right to practice law ............................................. HB 369

Notify Governor; General Assembly convened ................................. HR 2

Retirement Bills With Fiscal Impact; passage provisions; actuarial studies ........ SB 6

Retirement Bills; procedures; amendments; funding; fiscal impact ............. HB 354

Revenue Bills; certain legislation originate either Senate or House ............... SR 6

Senate Convened; notify House, January 12, 1987 .............................. SR 2

State Agencies; proposed rule changes, effective date ......................... SB 210

GEOLOGISTS; Regulation; certificates; board; termination date ............... HB 383

GEORGIA AUTOMOBILE DEALERS ASSOCIATION; Commend .............. SR 211

GEORGIA BUILDING AUTHORITY (See Building Authority, Georgia)

GEORGIA BUREAU OF INVESTIGATION, GBI Criminal History Records; dissemination; conditions; exclusions ............... HB 312 Evidence; written scientific reports; defendant's rights ......................... HB 47 Motor Vehicles; certain vehicle inspections repealed .......................... HB 380 Property Conveyance; City of Perry; for Agricultural Exposition............... HR 280 Witness Fees; civil cases; off-duty officers ................................... HB 127 Written Scientific Reports; right of defendant to copies ...................... SB 169

GEORGIA CITIZENS FOR THE ARTS; Commend ............................ SR 95

GEORGIA CODE (See Code of Georgia)

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INDEX

2389

GEORGIA INSTITUTE OF TECHNOLOGY; Pettit, Joseph Mayo, Dr.; condolences ............................. ................................ SR 238
GEORGIA MUNICIPAL ASSOCIATION; Commend............................ SR 31
GEORGIA NATIONAL GUARD; Commend ........................ SR 67
GEORGIA PORTS AUTHORITY Contracts; bonding; interim study committee ................................ SR 200 Hazardous Materials; emergency response plans; advisory council............... HR 59
GEORGIA RECREATION AND PARK SOCIETY, INC.; Commend .... SR 112
GEORGIA RESIDENTIAL FINANCE AUTHORITY; powers; investments; bonds; low-income housing credits; utilities .................................. SB 123
GEORGIA SOUTHERN COLLEGE Eagles Football Team; commend certain players .............................. SR 40 Eagles Football Team, National Championship; commend ..................... SR 38 Russell, Erk, 1986 Coach of the Year; commend .............................. SR 39
GEORGIA SOUTHWESTERN COLLEGE; motor vehicle license plates; commemorative issuance.................................................... HB 63
GEORGIA STUDENT FINANCE AUTHORITY; Educational Reinvestment Act for AFDC children; administration...................................... SB 232
GEORGIA STUDENT FINANCE COMMISSION; Private Colleges and Universities Authority; bond proceeds. ...................................... SB 371
GEORGIA TREE FARM SYSTEM; Commend ............................ SR 25
GILMER COUNTY Ellijay-Gilmer County Water and Sewerage Authority; create ................ HB 1080 Sheriff, Deputy, Personnel; compensation ................................... SB 296
GINGRICH, HONORABLE NEWT; Sixth district congressman, remarks ...... Page 893
GLASCOCK COUNTY Board of Commissioners; clerk; compensation; bond; contracts .............. .HB 1141 Board of Education; elections; continue in force ............................. HB 944 Chief Deputy Sheriff; deputies; compensation............................... HB 1142 Industrial Development Authority; continue in force ......................... HB 945
GLOSTER, HUGH M., DR.; Morehouse College; commend .............. SR 134
GLYNN COUNTY Ad Valorem Tax; goods in transit; exemption; continue in force ............... HB 513 Ad Valorem Tax; homestead exemption; elderly, disabled; continue ............ HB 802 Alcoholic Beverages, Distilled Spirits; sales by drink; continue ................ HB 514 Board of Commissioners; expense allowance ................................. HB 838 Brunswick-Glynn County Development Authority; continue in force ........... HB 620 Brunswick-Glynn County Development Authority; membership ............... HB 1107 Brunswick-Glynn County Development Authority; membership ................ HB 935 Brunswick-Glynn County; sewage system, continue in force ................... HB 510 Business License Tax; unincorporated areas; continue in force ................ HB 512 Homestead Exemption; taxes for educational purposes; continue .............. HB 509 Jekyll Island-State Park; ordinance violations; court jurisdiction............... HB 741 Municipal Port and Terminal Facilities; continue in force .................... HB 511
GONE WITH THE WIND; Clayton County; designate official home. ........... .HR 117

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2390

JOURNAL OF THE SENATE

GOVERNMENTAL OPERATIONS COMMITTEE; Senator Brannon act as Chairman ........................................................... Page 574

GOVERNOR

Disabled Persons Employment; urge create task force

SR 125

Document Printing; delete certain requirements

SB 166

Election and Term of Office; change to six years.............................. SR 16

General Assembly convened; notify ........................................... HR 2

Human Resources Board; urge appoint disabled person....................... SR 199

Inauguration; joint session; January 13 ........................................ HR 5

Joe Frank Harris; address ....................................... Pages 47, 69, 2222

Joe Frank Harris; communications from

Pages 16, 23, 135, 1416, 1645

Joe Frank Harris; inauguration............................................ Page 46

Joe Frank Harris; veto letters 1986 and 1987 sessions .............. Pages 23, 25, 1088

Joint Session; message .............. HR 6

Literacy, Governor's Task Force on Adult.................................... HR 64

GRAND JURIES (Also See Juries or Courts)

Circuit Grand and Trial; death penalty; public official drug cases

SB 149

Indictments; quashing twice for same offense; bar to prosecution .............. HB 653

Investigative; circuit-wide, regional, state-wide ................................ SR 14

Investigative; special trial districts, judicial circuits............................ SR 22

Jurors; selection; death penalty, public official drug violation

SR 26

Jury Lists; selection; federal property population within county

HB 155

Jury Lists; selection procedures; increase number names drawn ............... HB 183

Juvenile Capital Crimes; procedures ........................................ SB 148

Selection; judicial circuit basis .............................................. SR 14

Study Committee; joint.................................................... SR 144

Venue; criminal investigations; inability empanel impartial jury ............... SB 108

GRANTS

Education; Higher Education Assistance Corporation; eligible student.......... HB 809

Education; service cancelable loans; reports.................................. HB 807

Educational; Tuition Payment Alternatives Study Committee .................. SR 78

North Georgia College; military scholarships; number; selection ............... HB 450

Trade Center Facilities; local governments; exclude carpet centers

HB 1036

Tuition Equalization Grants; define approved private colleges ................. SB 152

GRAY, JAMES H.; Albany; condolences ....................................... SR 96

GREENE COUNTY; School Superintendent; appointment; referendum ........ HB 970

GRIFFIN, CITY OF Board of Commissioners; membership; districts; reapportionment Griffin-Spalding County School System; merger; continue in force

HB 495 HB 492

GRIFFIN JUDICIAL CIRCUIT Superior Court; additional judge ........................................... HB 182 Superior Court; additional judge; jury impanelment .......................... SB 258

GUARDIAN AND WARD Guardianship Hearings; fees; professional examiners; attorneys ................ SB 236 Probate Court Judges; custodians of funds; minors, incapacitated adults; discretion; bonds; unclaimed funds ....................................... HB 624 Probate Courts; jurisdiction in counties over 150,000 ......................... SB 275 Workers' Compensation Benefits; incapacitated adults; guardians .............. SB 187 Workers' Compensation; minors, incompetent claimants; authority............. SB 188

GUIDO EVANGELISTIC ASSOCIATION, INC.; Commend ...................... SR 4

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INDEX

2391

GUTHRIE, ROCHELLE; National 4-H champion; commend .................... SR 60
GWINNETT COUNTY Board of Commissioners; compensation; expenses ............................ HB 728 Board of Elections; repeal Act .................. HB 1102 Board of Registrations and Elections; create ................................. HB 995 Merit System; county officers authority; unclassified personnel .............. .HB 1099 Recorder's Court; additional judge .......................................... HB 803 State Court; additional judge; designate chief judge .......................... HB 723 Superior Court; create fifth judgeship ........................................ HB 44
GWINNETT JUDICIAL CIRCUIT Additional Judge ................ SB 32 Create Fifth Judgeship; provide for presiding judge ........................... HB 44

H
HABEAS CORPUS Clerk for Certain Judicial Circuits; minimum number of writs................. SB 388 Death Penalty; inmate petitions; location of proceedings ....................... SB 99
HABERSHAM COUNTY Property Conveyance; Forestry Commission; Piedmont Automotive Products . . . HR 252 State Court; judge; solicitor; compensation; practice of law.................... HB 977 State Court; solicitors pro tempore ......................................... HB 978 State Court; terms; jury panels ............................................. HB 976
HALL COUNTY Board of Elections; create ................................................. HB 545 Fire Prevention Districts; continue in force.................................. HB 716 State Court; change terms ......................... SB 277
HANCOCK COUNTY Board of Commissioners; chairman; compensation............................ HB 746 Board of Education; elections; continue in force ............................. HB 855 Sheriff; provide chief deputy, office employees, automobiles ............... SB 93 Superior Court; change terms ................................................ SB 4
HANDICAPPED PERSONS Accessibility; parking lots and spaces; fare gate mechanism .................... SB 36 Accessibility; parking spaces; designation; signs; towing; penalties.............. SB 266 Accessibility; standards; buildings, facilities, parking lots, spaces............... HB 797 Blind, Advisory Commission on Programs for; create ......................... SB 318 Blind Persons; committee to study state training facilities .................... SR 124 Community Services; outpatient treatment; committee to study ................ HR 10 Cosmetology Services; state board regulate .................................. HB 269 Elections; electors; ballots and accommodations .............................. HB 185 Employment Policy; severely disabled; urge adopt; task force .................. HR 92 Employment; severely disabled; urge Governor create task force ............... SR 125 Gasoline Stations; permits; dispensing at self-serve prices ..................... HB 460 Human Resources Board; urge Governor appoint disabled person.............. SR 199 Minors; mentally, physically disabled; duty of support by parents .............. SB 35 Newborn Persons; registration; referral services; contractors ................... SB 180 Rehabilitation Suppliers; peer review groups; health care providers ............ HB 839 Workers' Compensation Benefits; incapacitated adults; guardians .............. SB 187
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2392

JOURNAL OF THE SENATE

HAPEVILLE DEVELOPMENT AUTHORITY; Local constitutional amendment continued ..................................................... HB 931

HARALSON COUNTY Commissioner; compensation ............................................... HB 526 Superior Court Clerk; annual salary ........................................ HB 525

HARRIS COUNTY; Coroner; salary ........................................ HB 712

HARRIS, GOVERNOR JOE FRANK Address ........................................................ Pages 47, 69, 2222 Communications from ................................. Pages 16, 23, 135, 1416, 1645 Inauguration ............................................................ Page 46

HARRIS, SENATOR BILLY; Excused

Page 859

HARRISON, SENATOR CARL; Appointed Secretary, Rules Committee Page 442

HART COUNTY HIGH SCHOOL BAND; Commend .......................... SR 210

HARTMAN, PAMELA; Serve as nurse, General Assembly medical aid station Page 28

HAWKINSVILLE, CITY OF; Property conveyance; National Guard Armory to Pulaski Development .................................................... HR 55

HAZARDOUS MATERIALS

Emergency Response Advisory Council; chemicals or waste; recreate

HR 59

Liability Immunity; assisting in mitigating effects of discharge

SB 136

Occupational Diseases; workers' compensation ............................... SB 133

Spills, Releases; reporting requirements; enforcement; agencies ................ HB 775

Toxic Substances; hazards in workplace; notify fire departments .............. SB 137

HEAD INJURY TREATMENT AND REHABILITATION STUDY COMMITTEE. .......................................................... SR 165

HEALAN-LAWRENCE, ALLISON, 1986 GOAL AWARD; Commend

SR 105

HEALTH (Also See Mental Health or Health Care Facilities or Human Resources) AIDS; Communicable Diseases; inmates; transmission; medical tests ............ HB 92 AIDS; Human Resources Task Force; legislative review committee............. HR 166 AIDS; sexually transmissible diseases; tests; treatment; requirements; disclosure; judicial procedures; appeals .................................... HB 107 Alcohol, Smoking, Drug Abuse; require public school health courses ............ SB 66 Alcoholic Beverages; warning signs; pregnancy; birth defects .................. HB 431 Ambulances; drivers, emergency medical technicians requirements ............ HB 177 Anatomical Gifts; organ donors; exceptions to release of body ................. SB 349 Blind Persons; state training facilities; study committee ...................... SR 124 Blood Donations; regulate; patient furnish own donors; storage ................ HB 462 Blood Tests; disease testing for AIDS; disclosure restrictions .................. HB 107 Boxing and Wrestling; create state commission to regulate ...................... HB 9 Boxing Match Licenses; redefine; kick boxing, contact karate ................. HB 558 Charitable Services; providers; liability immunity ............................ SB 113 County Boards; counties of 550,000; retirement expenses ...................... SB 88 County Boards; create by ordinance; counties of 550,000....................... SB 86 County Boards; immunization; transfer student waivers........................ HB 12 County Boards; membership; appointments.................................. HB 344 County Boards; prohibit regulate certain agricultural pursuits ................. SB 290 County Hospital Authorities; members; terms; appointment................... SB 330 Death Certificates; physician's assistants authority to sign .................... SB 260 Dentures, Dental Prostheses; identifiable markings of wearers .................. SB 98 Diabetes Awareness Month; proclaim November .............................. SR 71

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INDEX

2393

HEALTH (Continued)

Drug Abuse; community treatment services; joint study committee ............. HR 10

Emergency Medical Care; indigents, pregnant women; legal rights .............. SR 89

Emergency Medical Services; systems; personnel; revisions .................... SB 315

Family and Children Services; Fulton County; retirement options

SB 379

Generic Brand Drugs Substitution; prescription forms ........................ SB 289

Handicapped Newborn Persons; registration; referral services

SB 180

Head Injury Treatment and Rehabilitation Study Committee ................. SR 165

Healing Arts Practitioner; delegation of duties; conditions .................... SB 238

Hospital Authorities; liability, self-insurance coverage ........................ SB 342

Hospitals; annual reports to Health Planning Agency......................... HB 255

Hospitals; indigent care; certificate of need grants; trust funds

HB 708

Hospitals; indigent care; nonresidents; funds; review.......................... HB 707

Hospitals; nonresident indigent patient care; funds; review .................... HB 707

Living Wills; revocation provisions; life-sustaining procedures .................. HB 18

Long-Term Care; Medical Care Foundation Joint Study Committee ............ SR 75

Mentally Disabled; community services; joint study committee

HR 10

Mentally 111; involuntary outpatient treatment; noncompliance ................. SB 24

Nursing Home Industry Study Committee .................................. SR 176

Organ Donor and Transplant Study Committee.............................. SR 119

Organ Procurement; define agency; recipient preference; advisory board ........ HB 541

Physical Health Department; create; abolish Human Resources Department . .... SB 12

Physical Therapists; licensure; standards of care ............................. SB 292

Preferred Provider Arrangements Act; standards; insurers .................... HB 507

Prenatal Care; Continuum's New Life/Mother-to-Mother Project .............. SR 221

Rehabilitation Suppliers; peer review groups................................. HB 839

Sex Education; course of study in public schools ............................. HB 905

Surgical Treatment; informed consent; disclosure procedures .................. SB 367

Tattoos on Minors; persons under 16 prohibited; medical exceptions ........... SB 112

HEALTH BENEFIT PLAN; State employees; study committee............... SR 175

HEALTH CARE FACILITIES, HOSPITALS (Also See Health or Hospitals

or Nursing Homes)

Absentee Voting; certain personnel; municipal elections

HB 421

Alcoholic Beverages; post warning signs to pregnant women................... HB 431

Anatomical Gifts; organ donors; exceptions to release of body ................. SB 349

Blood Donations; regulation; patient furnish own donors; storage .............. HB 462

Certificate of Need; annual reports to Health Planning Agency ................ HB 255

Certificate of Need; grants; conditions; trust funds; indigent care

HB 708

Cosmetology Services; disabled clients; state board ........................... HB 269

County Hospital Authorities; members; terms; appointment

SB 330

Emergency Care; indigent, pregnant women; legal rights ....................... SR 89

Emergency Medical Services; paramedics; trauma centers ..................... SB 315

Hospital Authorities; liability, self-insurance coverage ........................ SB 342

Indigent Patient Care; trust funds; conditions for grants

HB 708

Indigents; nonresident patient care; funds; review committees ................. HB 707

Liability Immunity; certain free medical care; damage awards ................... SB 1

Liability Immunity; charitable services ...................................... SB 113

Medical Care Foundation; medicare, Medicaid contracts; study committee....... SR 75

Medical Malpractice; claims for damages; arbitration procedures .............. SB 374

Medical Malpractice Reform Act; limitation of actions; complaints .............. SB 2

Medical Records; release to out of state coroner; subpoenas .................. HB 133

Medical Students; tort immunity; not limit liability of facility................. HB 759

Nonprofit Hospitals; civil liability of directors, officers.......................... HB 1

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2394

JOURNAL OF THE SENATE

HEALTH CARE FACILITIES, HOSPITALS (Continued) Organ Donor and Transplant Study Committee.............................. SR 119 Organ Procurement; define agency; recipient preference; advisory board .... HB 541 Peer Reviews; professional practices; licenses; immunity ...................... HB 707 Sexually Transmissible Diseases, AIDS; tests; treatment; disclosure ............ HB 107 Surgical Treatment; informed consent; disclosure procedures .................. SB 367

HEARD COUNTY Magistrate Court; chief magistrate; compensation ............................ HB 761 Tax Commissioner; employees; vacancies .................................... HB 554

HEMPHILL, MICHAEL; Athens fireman, commend ............................ SR 84

HENDERSON, BILLY; Clarke Central High School; commend .................. SR 72

HENRY COUNTY

Board of Commissioners; compensation ..................................... HB 846

Board of Commissioners; election requirements; qualifications ....

HB 847

HICKS; Marvin W. "Cap"; elected Senate Sergeant at Arms .................. Page 27

HIGHER EDUCATION ASSISTANCE CORPORATION Loans; redefine eligible student; include nonresident students ................. HB 809 Service Cancelable Loans; reports .......................................... HB 807

HIGHER EDUCATION COMMITTEE: Report on Governor's appointees ....................................................... Pages 945, 1926

HIGHWAYS, BRIDGES AND FERRIES (Also See Transportation)

Boats; vehicles transporting; length permits ................................. HB 445

Contracts; contingency payments to subcontractors........................... SB 281

Counties; public works contracts; bids; emergency waivers .................... HB 606

Department of Transportation; employees injured line of duty ................ SB 160

Designate; bridge for C. W. Bradley; Holly Creek; Murray County

..... SR 12

Designate; Homer Chance Highway; State Highway 358, Twiggs County ....... .HR 96

Designate; Joseph Wilson Smith Bridge; Alabama State Route #168 ........... .HR 61

Designate; J. R. Alien Parkway; North Columbus Bypass ..................... .HR 62

Developmental; contracts; interim study committee .......................... SR 200

Eminent Domain Proceedings; payment of expenses; attorney's fees ........... HB 436

Flat Shoals Parkway; designate in DeKalb County ........................... HR 188

Highway Development; property acquisition for roads; define

.......... HB 170

Motor Carriers; enforcement; Public Service Commission safety rules .......... SB 358

Municipal Property; no longer needed for road purposes; sales ................ HB 521

Property Acquisition; future road improvement; authority to acquire. .......... SB 118

Road Development; local government; land use plans, information systems ...... SR 92

Speed Limit; maximum; 65 MPH; differing limits certain vehicles ............. HB 652

Traffic Lanes; trucks and other vehicles; minimum speeds .................... HB 399

Truck Tractor and Semitrailers; 65 feet load lengths ......................... SB 335

Truck Tractor and Semitrailers; operate certain roads ........................ HB 170

Trucks; dump or mixer transport vehicles; definitions ........................ HB 292

Trucks; traffic lanes; vehicles traveling on multilanes ......................... HB 399

Vehicles; length limitations; roadway designation; post signs .................. SB 368

Vehicles; weight, dimension limits; county roads; designate roadways .......... SB 357

Vehicles; weight limitations; triaxle, tandem axle trucks ...................... SB 360

HINE, SENATOR ED Appointed Rules Committee Vice Chairman ............................... Page 442 Excused as conferee on HB 185 ......................................... Page 1960

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INDEX

2395

HISTORIC PRESERVATION; Economic Development Benefits; joint study committee ..................................................... SR 126

HOAG, MERRITT; North Georgia College; commend .......................... SR 179

HODGES, RAY R.; Compensate ............................................. HR 11

HOGANSVILLE DEVELOPMENT AUTHORITY; Continue in force

SB 295

HOGE, ALICE E.; Designated Assistant Secretary of Senate ................. Page 27

HOLIDAYS AND OBSERVANCES; Peace Officer Memorial Day; designate May 15; Police Week ............................................ HB 522

HOLLOWAY, SENATOR ALBERT W. Albert 'Al' Holloway Labor Building; designate .............................. SR 163 Deceased February 7, 1987............................................... Page 423 Eulogies in memory ..................................................... Page 457 Tribute to ............................................................... SR 110

HOLLY SPRINGS, CITY OF; Corporate limits

HB 947

HOMELESS PERSONS Georgia Nurses Foundation, Inc.; commend clinic ............................ SR 194 Housing; committee to study needs, resources low income citizens ............. SR 208 Special Committee to study problems....................................... SR 184

HOMER CHANCE HIGHWAY; State Highway 358, Twiggs County ........... HR 96

HOSPITALS (Also See Health Care Facilities or Health or Human Resources)

Authorities; liability, self-insurance coverage ................................. SB 342

Blood Donations; regulation; patient furnish own donors; storage

HB 462

Certificate of Need; annual reports to Health Planning Agency

HB 255

Certificate of Need; grants; conditions; trust funds for indigent care

HB 708

Cosmetology Services; disabled clients; state board regulate ................... HB 269

County Authorities; members; terms; appointment ........................... SB 330

Emergency Medical Care; indigents, pregnant women; legal rights .............. SR 89

Handicapped Newborn Persons; registration; referral services ................. SB 180

Indigent Patient Care; nonresidents; funds; review committees ................ HB 707

HOTELS AND MOTELS

Airport Property; private development leases; certain counties ................ HB 455

Excise Tax; rates; expenditure of proceeds; audits

HB 563

Franchise Agreements; committee to study .................................. SR 220

Smoke Detectors; require in buildings with sleeping accommodations

HB 311

HOUSE OF REPRESENTATIVES

Disruptive Conduct; General Assembly session or meetings ................... HB 126

Election and Terms; General Assembly members, four-year term ................ SR 7

Evans, Randall, Jr.; former Speaker of House; portrait in Capitol ............. HR 249

Legislative Services Committee; audits; minutes of meetings .................. HB 387

Notify Governor General Assembly convened .................................. HR 2

Notify Senate; House convened .............................................. HR 1

Revenue Bills; raise or reduce revenue originate either house

SR 6

HOUSING (Also See Buildings and Housing)

Committee to study needs low and moderate income citizens ................. SR 208

Construction Activity Prohibition on Abandoned Landfills; enact

SB 175

Construction Activity Prohibition on Abandoned Landfills Act; enact

HB 435

County Authorities; commissioners; terms of office ........................... SB 332

Dispossessory Proceedings; landlord must furnish utilities .................... SB 248

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2396

JOURNAL OF THE SENATE

HOUSING (Continued) Housing Projects; private enterprise management; bond sales ................. HB 309 Mobile Home Parks; land transactions; rights of owners, tenants .............. SB 237 Mobile Homes, Trailers; removal landlord property; fees; storage .............. HB 291 Multi-Unit Dwellings; cable TV service requirements .......................... SB 16 Residential Energy Finance Authority; low income housing credits............. SB 123 Single-Family Dwelling; structural inspection certificates...................... SB 310 Smoke Detectors; required in new residential construction ..................... SB 10 Urban Residential Finance Authority, Atlanta; powers; loans; bonds ............ SB 83 Urban Residential Finance Authority; bonds; allocation system ................ HB 619

HOUSTON COUNTY Magistrate Court; law library fees ......................................... HB 1111 State Court; costs in civil cases ........................................... HB 1112

HOWARD, SENATOR PIERRE; Excused

Page 698

HUCKABY, WALTER; Douglas Parks and Recreation; commend ................ SR 97

HUDGINS, SENATOR FLOYD; Conferee on HB 185 to replace Senator Hine .......................................................... Page 1961

HUMAN RESOURCES (Also See Social Services or Health)

Adoption; hard-to-place child; increase aid to families ......................... SB 19

Adoption Records; birth parent information; release procedures ................ SB 63

Adoption; special needs, foreign children; joint study committee............... SR 109

AIDS; Task Force; health care impact report ................................ HR 166

Ambulances; drivers, emergency medical technicians requirements ............. HB 177

Appeals to Final Orders; jury trials before superior court ..................... SB 321

Blind, Advisory Commission on Programs for; create ......................... SB 318

Board of Health; reimburse retirement expense to Fulton County .............. SB 88

Central State Hospital; supplemental appropriations; steam plant ............... HB 2

Child Abuse Protocol; file report with DFACS ............................... HB 913

Child Support; enforcement; collection; action limitation...................... HB 302

Child Support; enforcement; department collect interest on judgments ......... SB 271

Child Support; enforcement; reimbursement for attorney's fees ................ SB 272

Child Support; state, local, private employers provide information

HB 625

Day Care Centers; licensing; directors, employee records check ................ HB 742

Day Care Homes, Centers; curriculum; emergency numbers; space .............. SB 96

Department; abolish; recreate three separate departments. ..................... SB 12

Education Reinvestment Act; trust program for AFDC children; GERA

SB 232

Emergency Medical Care; indigent, pregnant women; legal rights ............... SR 89

Emergency Medical Services; public health division .......................... SB 315

Environmental Health; hazardous materials; emergency response plans

HR 59

Family and Children Services; client's unclaimed property ..................... HB 69

Handicapped Newborn Persons; registration; referral services ................. SB 180

Head Injury Treatment and Rehabilitation; study committee ................. SR 165

Home Energy Assistance; prevent recipients retain certain funds .............. SB 154

Juvenile Drug Use; reports of abuse; procedures; confidentiality ............... SB 121

Juvenile Probation Workers; administer state subsidy funds

SB 89

Literacy, Governor's Task Force on Adult.................................... HR 64

Milledgeville; Baldwin County Home for Elderly; convey property

SR 17

Nursing Home Industry Study Committee; appoint member .................. SR 176

Public Assistance; AFDC payments; child support income disregard ........... HB 882

Public Assistance Benefits; subpoenas; disregarded income ..................... SB 96

Public Assistance; parent's liability for substandard child support

SB 269

Religious Nonprofit; preschool program licensure; inspections ................. SB 111

Refer to numerical index for page numbers

INDEX

2397

HUMAN RESOURCES (Continued) Sex Education; approval of course topics for public schools ................... SB 352 Small Group Residential Facilities; public hearings on location of .... SB 114 State Board; urge Governor appoint disabled person ......................... SR 199 Tobacco and Health Course; establish to inform minors ...................... SB 116 Youth Services Division; persons under 17 sentenced as an adult.............. SB 301 Youth Services Division; security personnel; retirement....................... SB 178
HUMAN RESOURCES COMMITTEE; Senator Hine act as Chairman ........................................................ Pages 189, 1559
HUNTING (See Game and Fish)

IDENTIFICATION CARDS; Minors; tobacco products; sales or purchases; prohibitions .................................................... HB 142

INAUGURATION; Governor Harris and Lt. Governor Miller ................ Page 46

INCOME TAX (Also See Revenue and Taxation)

Arts Development Fund; credit state tax refund donations..................... SR 23

Evasion; criminal penalties. ................................................ SB 119

Federal Taxes; interest on state bonds; constitutional convention

SR 44

Revise Code; incorporate provisions of federal law ............................ HB 87

INDEMNIFICATION Corporations, Railroad Corporations; officers, directors ....................... HB 209 Emergency Medical Technicians; killed or disabled line of duty ................ HB 10 Law Enforcement, Firemen, Prison Guards; disabled line of duty............... HB 10 Officers, Directors of Corporations .......................................... SB 302 Public Officers and Employees; insurance; legal fees, counsel ................... SB 47 State Employees; injured on duty, salary, coordinate benefits .................. SB 28

INDIGENT PERSONS

Educational Assistance Program; AFDC children; GERA trust program ........ SB 232

Emergency Medical Care; legal rights; pregnant women........................ SR 89

Health Care Providers; charitable services; liability immunity ................. SB 113

Homeless; special committee to study problems; Governor appoint ............ SR 184

Hospitals; nonresident indigent patient care; funds appropriation

HB 707

Hospitals; trust funds for indigent care; conditions for a grant ................ HB 708

Housing; specific needs; committee to study ................................. SR 208

INDUSTRY AND TRADE Foreign Language Institute, Georgia; create ................................. SB 291 Historic Preservation; economic benefits, joint study committee ............... SR 126 Rural Economic Development; identify new industry; encourage ............... SR 164 Rural Economic Development; Senate study committee ....................... SR 174

INITIATIVE PETITION; Statutes and amendments; power vested in people enact or reject.................................................... SR 41

INMATES (Also See Corrections or Penal Institutions or Courts)

Communicable Disease Transmission; medical examinations and tests ...

HB 92

Criminal Records; purged; persons cleared through proceedings

SB 373

Drugs, Weapons, Alcohol; unlawful possession ................................ HB 17

Firearm Possession; unlawful first offender on probation ...................... HB 466

Refer to numerical index for page numbers

2398

JOURNAL OF THE SENATE

INMATES (Continued)

Habeas Corpus Proceedings; location; death penalty petitions

SB 99

Medical Service Costs; reimbursement to counties............................. SB 39

Probation Conditions; over-payment of fines; refunds under $5 ................ SB 142

Probation; increase fines for drug trafficking violations ....................... SB 122

Probation; special alternative incarceration; conditions

HB 800

Probation; tolling of sentence; return of warrants; absconded

SB 144

INSURANCE

Accident, Sickness; franchise plans; requirements to place in force

SB 361

Commissioner; appointment by Governor; amend Constitution ................ SR 130

Commissioner; appointment provisions ...................................... SB 324

Commissioner; civil law changes impact study ............................... HB 508

Commissioner; establish maximum modified risk classifications

SB 218

Commissioner; insurer campaign contributions, prohibitions

SB 18

Commissioner; prohibit certain insurer campaign contributions

SB 76

Counties; provide for elected officials and personnel

SB 102

Direct Response Business; agents; offices; telephone service

HB 582

Fire; premium taxes; penalties; interest; Firemen's Pension Fund

HB 355

Group Life; maximum coverage for debtors.................................. HB 553

Group; life, health, franchise plans; requirements to place in force

SB 361

Group Self-Insurance Funds; workers' compensation; local authorities

HB 245

Health; coverage for public school retirees, dependents

HB 247

Health Insurance Pool Act; creation ........................................ SB 385

Health; reduction of duplicate benefits; accident claims

HB 613

Health; state employee benefit plan; Senate study committee

SR 175

Homeowner's Policies; language simplication; standards

HB 422

Insurers; equitable apportionment; rate filings; claim reserves ................. HB 508

Insurers; Health Insurance Pool Act; create; requirements .................... SB 385

Insurers; reports; property, casualty, liability; vehicle categories

SB 134

Interlocal Risk Management Agencies; definitions; excess insurance

HB 246

Language Simplication; policies; ease of reading standards .................... HB 422

Liability; establish program for state authorities

HB 662

Liability; hospital authorities; self-insurance coverage. ........................ SB 342

Liability; rates; risk assessment of physicians, surgeons ....................... SB 135

Liability risk retention groups; formation; regulation ......................... SB 306

Life; consent of insured; proceeds, beneficiary suspect in murder

SB 300

Life; group policies; requirements for placing in force ........................ SB 361

Medical Malpractice Settlements; investigations; medical licensure............. SB 286

Mortgagees; interest on escrow funds; residential property .................... SB 168

Motor Vehicle; certificate of title; rebuilt, salvage vehicles .................... HB 159

Motor Vehicle; claims against uninsured motorist ............................ SB 265

Motor Vehicle; DUI cases; vehicle forfeiture for no coverage ................... SB 60

Motor Vehicle; economic loss benefits; pleadings; extent of injuries ............. SB 31

Motor Vehicle; liability of insurer relating to seatbelt use...................... SB 64

Motor Vehicle; optional coverages; deductibles; benefit limits .................. SB 31

Motor Vehicle; policies; language simplication; standards

HB 422

Motor Vehicle; policy terms; prepayment; cancellation notices .................. HB 70

Motor Vehicle; proof; license deposits, suspensions; uninsured vehicles

HB 70

Motor Vehicle; redefine vehicle operation, maintenance, use................... HB 726

Motor Vehicle; reduction of duplicate benefits; accident claims ................ HB 613

Motor Vehicle; requirements; insurers; proof of coverage violations

SB 94

Motorcycle Operators; proof of insurance..................................... HB 72

Policy Application Fees; automobile, property, casualty

HB 194

Policy Cancellation; procedures; notices of changes, premium increases

HB 836

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INDEX

2399

INSURANCE (Continued) Preferred Provider Arrangements Act; standards; insurers .................... HB 507 Public Officers and Employees; liability insurance, indemnification ............. SB 47 Public Retirement Systems; beneficiary designation changes; spouses ....... HB 376 Publicly Owned Corporations; insuring employees ............................ HB 954 Rate Regulations Study Committee ......................................... SR 162 Rates; approval of property, casualty rates, policies, contracts ................. HB 508 Rates; classification of risks; maximum modified amounts..................... SB 218 Reform; liability; annual reports; additional information ...................... SB 134 Reform; liability insurers; risk rating system for physicians ................... SB 135 State Authorities; liability and self-insurance program ........................ HB 662 Unearned Premiums; policy application fees; not subject refund ............... HB 194 Uninsured Motorist; insurer's rights; claims ................................. SB 265 Workers' Compensation; insurer's offices, agents; benefit payments ............ SB 132
INTEREST (Also See Banking and Finance) Credit Card Bank Act; enact............ SB 254 Credit Card Lenders; maximum rate; loan finance charges .................... SB 192 Mortgagees; interest on escrow funds ....................................... SB 168 Post-judgment Interest; automatic applicability .............................. HB 241
IRON CITY, TOWN OF; New charter; incorporation ........... HB 285
IRWIN COUNTY; Ocilla-Irwin County Industrial Development Authority; continue in force.......................................................... HB 957
IRWIN, COLONEL JAMES; Astronaut, introduction, remarks ................ Page 590
ISAKSON, DIANNE; Commend ............................................. SR 219

JACKSON, DONALD; Honor memory

................... SR 237

JACKSON, LONNIE; Columbus; commend

........... SR 143

JASPER, CITY OF; Industrial Development Authority; continue in force ...... HB 319

JEFF DAVIS COUNTY; Ad valorem tax; exempt new industry capital improvements; continue .................................................. HB 1094

JEFFERSON COUNTY; Magistrate Court; law library fees................... HB 581

JEKYLL ISLAND-STATE PARK AUTHORITY Employees; hourly paid; health insurance, retirement exclusions ............... HB 193 Ordinance Violations; prosecutions; court jurisdiction......................... HB 741

JENKINS COUNTY Board of Education; compensation; expense reimbursement ................... HB 109 Development Authority; continue in force ................................... HB 900

JENKINS, ED; Ninth district congressman; remarks ......................... Page 632

JENKINSBURG, TOWN OF; New charter .......................... HB 734

JERNIGAN, MICHAEL; National 4-H champion; commend ..................... SR 61

JOINT SESSION General Assembly; Dr. Henry King Stanford, UGA Interim President, address. . . . SR 5 General Assembly; invite Supreme and Appellate Court Justices ................ HR 7 Governor's message ......................................................... HR 6

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2400

JOURNAL OF THE SENATE

JOINT SESSION (Continued) Inauguration; Governor and Lieutenant Governor .............................. HR 5

JONES COUNTY Employees; publication name, department and salary. ........................HB 721 Magistrate Court; probate court judge as chief magistrate; personnel........... HB 386

JONES, DAVID, National 4-H champion; commend ............................ SR 48

JOWERS, JOHNNY WAYNE, AND MRS.; Congratulate

SR 216

JUDGES (Also See Courts) Appellate Courts; senior justice and senior judge; create offices ................ HB 614 Chief Magistrates; non-partisan elections .................................... SB 194 Civil Court Judge Pro Tempore; serve as magistrate pro tempore.............. HB 585 Law Libraries; superior courts; increase court fees to fund .................... HB 338 Probate Court; office location; distance from courthouse ...................... HB 488 Probate Courts; custodian of funds; minors, incapacitated adults .............. HB 624 Probate Courts; eligibility requirements; counties over 150,000 ................ SB 274 Probate Courts; increase minimum salaries .................................. SB 305 Probate Courts; jurisdiction in county matters ............................... SB 208 Probate Courts; minimum annual salaries ................................... SB 106 Probate Courts; retirement benefits increased................................. SB 15 Superior Court; expenses; meetings, judicial education ........................ HB 877 Superior Court Judges Retirement; senior judges; creditable service............ SB 322 Superior Courts; election by judicial circuit electors ........................... HB 25 Superior Courts; expenses; reimbursement; audit reports...................... SB 355 Superior Courts Judges Council; Administrative Services contracts. ........... HB 212 Supreme Court; consist of seven justices ..................................... HB 19 Trial; specify condition of probation alternatives ............................. HB 800 Vacancies; interim appointments ........................................... SB 170

JUDGMENTS

Civil Actions; findings of fact and conclusions; appeals; waiver ................ HB 657

Civil Practice; additional discovery measures ................................ SB 227

Garnishment; continuing if hourly, weekly wages............................. SB 247

Motion to Set Aside; lack of jurisdiction over the person ..................... HB 224

Partnerships; garnishment provisions; may sue or be sued ..................... HB 31

Post-judgment Interest; money judgments; automatic applicability ............. HB 241

Summary; malpractice cases; affidavit of conduct; time for motions ...

SB 347

JUDICIAL CIRCUITS

Appalachian Circuit; superior court; additional judge ......................... SB 334

Augusta Judicial Circuit; judges supplement; Columbia County................ HB 974

Augusta Judicial Circuit; judges; salary supplement; Burke County ............ HB 754

Augusta Judicial Circuit; terms for Burke County ............................ HB 755

Brunswick Circuit; committee to study divide two circuits .................... HR 176

Brunswick Judicial Circuit; additional judge; Appling, Camden, Glynn,

Jeff Davis and Wayne Counties .......................................... HB 271

Cobb Circuit; additional judge; chief judge; court reporter .................... SB 339

Cobb Judicial Circuit; superior court judges; salary supplement

SB 233

District Attorneys' Investigators; appointment; qualifications ................... HB 27

Douglas Judicial Circuits; change term, Douglas County ....................... SB 59

Griffin Judicial Circuit; additional judge; jury impanelment ................... SB 258

Griffin Judicial Circuit; additional judge; Upson, Fayette, Pike,

Spalding Counties .................................................. HB 182

Gwinnett Circuit; additional judge ........................................... SB 32

Gwinnett Judicial Circuit; create fifth judgeship .............................. HB 44

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INDEX

2401

JUDICIAL CIRCUITS (Continued)

Law Libraries; superior court judges; increase court fees to fund .............. HB 338

Northeastern Judicial Circuit; change term; Hall County ..................... SB 219

Northern Judicial Circuit; judges; salary supplements; Elbert, Franklin,

Hart, Madison and Oglethorpe Counties .................................. HB 795

Ocmulgee Circuit; Hancock County, change terms.............................. SB 4

Ocmulgee Circuit; Wilkinson County, change terms ................. SB 23

Solicitors of State Courts; residency requirements ............................ HB 377

Southern Judicial Circuit; supplement to judge's compensation; Brooks,

Colquitt, Echols, Lowndes Counties....................................... HB 304

Special Trial Districts; single, multicounty, investigative grand jury............. SR 22

Stone Mountain Judicial Circuit; judges supplement; DeKalb County .......... HB 917

Superior Court Judges; elections ............................................ HB 25

Superior Courts; habeas corpus clerk; minimum number of writs .............. SB 388

Superior Courts; merger upon abolition of state court by local law,

SB 354

Tallapoosa Circuit; change terms, Haralson, Paulding, Polk Counties

HB 3

Western Judicial Circuit; salary supplement; Clark, Oconee Counties

HB 590

JURIES (Also See Courts)

Grand and Trial; investigative; judicial circuits; special; multicounty

SR 22

Grand and Trial; selection from geographic areas; certain cases ................ SR 26

Grand and Trial; selection; judicial circuit basis .............................. SR 14

Grand Juries; investigative; circuit-wide, regional, state-wide ................... SR 14

Grand Jury Investigations; change of venue conditions ....................... SB 108

Jury Duty; subpoenas, employee discipline prohibited ......................... SB 41

Selection; grand and trial; death penalty; public official drug cases ............ SB 149

Selection; grand and trial; geographic areas; certain cases ...................... SR 26

Selection; grand and trial; investigative; circuit; regional; state-wide............. SR 14

Selection; lists, placement of all registered voters names ...................... SB 346

Selection; lists; residents on federal property within county ................... HB 155

Selection; trial, grand jurors; increase number names drawn................... HB 183

State Courts; civil actions; delete twelve persons provisions ..................... SB 9

JUVENILE JUSTICE COORDINATING COUNCIL; Create; community services .................................................................. SB 162

JUVENILE PROCEEDINGS (Also See Courts or Minors) Abortion; Parental Notification Act; jurisdiction ............................. SB 229 Age Provisions; change to 18; delinquent, deprived, unruly cases ............... SB 20 Capital Crimes, Juvenile; court jurisdiction; custody; detention ................ SB 148 Child Abuse Protocol; county agencies establish committee; reports ............ HB 913 Child Controlled Substance or Marijuana Abuse; reports ..................... SB 121 Child Custody Interference; expiration legal visitation period ................. HB 141 Delinquent Acts; detention; create noninstitutional options ................... SB 162 Designated Felony Act; redefined ........................................... SB 215 DUI, Underage Drinking, Drug Violations; suspend driver's license ............ SB 120 Juvenile Justice Coordinating Council; create; community services ............. SB 162 Law Enforcement; juvenile officers; agency appointments, training ............. SR 185 Persons Under 17 Sentenced as an Adult; imprisonment institutions........... SB 301 Probation Workers; state subsidy to employ; certain counties .................. SB 89 Shelter Care; placement; juvenile court judge; deprived child.................. HB 501 Traffic, Waterways Offenses; penalties; proceedings, transfers ................. SB 147 Youth Development Centers; committee to study juvenile justice .............. SR 170
Refer to numerical index for page numbers

2402

JOURNAL OF THE SENATE

K

KAHN, ROGER F.; Elected State Election Board member .................... SR 145

KATZIR, ISSACHAR; Consul General of India, introduction

Page 58

KENNEDY, SENATOR JOSEPH E.; Elected Senate President Pro Tempore ........................................................................ Page 26

KENNEDY, SEAN; National 4-H champion; commend

SR 57

KENNESAW, CITY OF City Elections; candidate qualifications ..................................... SB 308 Corporate Limits ......................................................... HB 932

KIDD, SENATOR CULVER; Excused during hospitalization

Page 586

KING SPRINGS PARENTS TEACHERS ASSOCIATION; Commend........... SR 102

KING, BARBARA, DR.; Commend

SR 225

KING, MIKE; Floyd County; commend

SR 190

KIRK, PAUL G.

Democratic National Committee; commend.................................. SR 113

National Democratic Party Chairman, remarks

Page 1610

KNAPP, CHARLES B., DR.; University of Georgia president

SR 123

KNIGHT, CHARLES L.; Commend ............................ ............. SR 218

KNIGHT, RAY; Baseball player; commend ................................... HR 231

KNOBBED WHELK; Designate official state seashell ........................ HR 130

LABOR AND INDUSTRIAL RELATIONS (Also See Employment Security

or Workers' Compensation)

Albert 'AF Holloway Labor Building; designate .............................. SR 163

Boiler and Pressure Vessels Act; inspections; special investigators

HB 132

Child Labor; employment certificates; passing grades; maximum hours ......... SB 313

Commissioner; appointment by Governor, not elected; terms

SB 325

Commissioner; appointment; constitutional amendment

SR 131

Department; supplemental appropriations; unemployment trust fund

HB 562

Department; unoccupied office space, lease or rentals; funds

SB 190

Disabled Persons; employment policy; urge create task force

SR 125

Elevator Safety Standards; compliance audits; local governments

HB 840

Employers; action against employee subpoenaed or jury duty unlawful .......... SB 41

Literacy, Governor's Task Force on Adult; study effect on work force

HR 64

Savannah; convey state property; White Bluff Road improvement .............. SR 19

Toxic Substances; hazards in workplace; notify fire departments

SB 137

Unemployment Benefits; grounds for disqualifications ......................... SB 75

Wages; administrative assessment; employment security contributions

HB 11

Workers' Compensation; county governing authority members; coverage ........ HB 342

Workers' Compensation; employer's liability for medical attention ............. SB 132

Workers' Compensation; guardians of incapacitated adults; appointment ....... SB 187

Workers' Compensation; guardians of minors, incompetent claimants

SB 188

Workers' Compensation; income benefits; insurer's payment methods

SB 132

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INDEX

2403

LABOR AND INDUSTRIAL RELATIONS (Continued) Workers' Compensation; independent contractors ............................ HB 557 Workers' Compensation; independent contractors; exclusions; distributors ....... SB 40 Workers' Compensation; local public authorities; self-insurance funds .......... HB 245 Workers' Compensation; occupational diseases ............................... SB 133 Workers' Compensation; partial dependent termination; appeals ............... SB 132 Workers' Compensation; rehabilitation services; study committee .............. SR 196 Workers' Compensation; Subsequent Injury Trust Fund; reimbursements; limitations; standards for rates; review .................................... SB 312 Workers' Compensation; trade, professional associations; self insurance......... HB 557

LAGRANGE, CITY OF Corporate Limits ......................................................... SB 115 Downtown LaGrange Development Authority; continue in force ............... SB 293 LaGrange Development Authority; continue in force .......................... SB 95 Waterworks System; bond debt limit; continue in force ....................... SB 294

LAKE HARTWELL; Boating safety zone; define ............................. HB 239

LAKE LANIER ISLANDS; Ordinances; security officers; alcoholic beverage sales . ......................................................................... SB 130

LAKE PARK, CITY OF; Corporate limits ................................. HB 1097

LAKEVIEW-FORT OGLETHORPE STADIUM AUTHORITY; Continue in force..................................................................... SB 69

LAMAR COUNTY Barnesville-Lamar County Development Authority; continue in force .......... HB 834 Board of Commissioners; districts; elections; board size ....................... HB 629 Board of Education; elections; districts; vacancies; referendum ................ HB 622 County Manager; create office .............................................. HB 769

LAND, SENATOR TED; Excused from voting on SB 254 .................. Page 463

LAND USE PLANS

County Property Sales; private sales; notices ................................ HB 538

Information system; joint study committee ................................... SR 92

Municipal Property; sales; not needed road purposes; procedures

......... HB 521

Redevelopment Powers; additional impaired areas............................ HB 561

LANDFILLS

Abandoned; construction activity prohibited; enact........................... SB 175

Construction Activity Prohibition on Abandoned Landfills Act; enact

HB 435

Garbage, Waste; dumping across county lines unlawful; exception .............. SB 33

Solid Waste; handling and disposal; joint study committee.................... HR 189

LANDLORD AND TENANT

Cable TV Service; multi-unit dwellings; operators standards ................... SB 16

Dispossessory Proceedings; mobile homes, trailers; fees; storage

HB 291

Lease or Rental Agreements; Fair Business Practices Act of 1975

SB 278

Mobile Home Parks; sales; rights of tenants; owners; notices .................. SB 237

Utilities; suspension unlawful during dispossessory proceedings

SB 248

LAURENS COUNTY Board of Education; elections, continue in force Bonds; educational facilities; continue in force Deannex certain property from corporate limits of City of Dublin Dublin-Laurens County Development Authority; continue in force

HB 987 HB 988 HB 349 HB 989

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2404

JOURNAL OF THE SENATE

LAW ENFORCEMENT OFFICERS AND AGENCIES

Absconded Probationers; return of warrants; non est inventus................. SB 144

Absentee Voting; municipal elections ....................................... HB 421

Antiterroristic Training Act; penalties; teach use of certain weapons ........... HB 916

Communicable Diseases; injury by inmates; medical tests ...................... HB 92

Conservation Ranger; retirees; retain weapons, badge ......................... HB 261

Correctional Officers' Week; recognize........................................ SR 15

Corrections Employees; assist local officers .................................. SB 143

Crime Information Center; day care centers; records check.................... HB 742

Crime Information Center; private detectives, security officers; records check . HB 493

Crime Information Center; reports from municipal courts; shoplifting ...

HB 265

Criminal History Records; dissemination; conditions; exclusions ............... HB 312

Criminal Records; arrest records purged certain circumstances ................ SB 373

Disciplinary Actions; due process rights; rules, procedures .................... SB 153

Drug Enforcement; use of forfeited money by local authorities ................ HB 250

Drugs; forfeited, seized property; use of proceeds pursuant federal law ......... HB 244

Drugs; use of proceeds; forfeited money, property ............................. HB 74

Equipment, Funds Donations; authorize acceptance certain conditions

SB 189

Funeral Procession Escorts; immunity from liability........................... SB 47

GBI; repeal certain motor vehicle inspections ................................ HB 380

Indemnification; death or disabled; procedures; time limits..................... HB 10

Juvenile Officers; encourage agency appointments, training.................... SR 185

Lake Lanier Islands; security officers' police powers .......................... SB 130

Magistrates, Solicitors; carry pistols in public buildings ....................... HB 343

Peace Officer Memorial Day; designate May 15; Police Week.................. HB 522

Peace Officers' Benefit Fund; DHR Investigators; YDC security ............... SB 178

Peace Officers' Benefit Fund; investment powers ............................. HB 457

Peace Officers' Benefit Fund; portion county fines, forfeitures ................. HB 459

Peace Officers' Benefit Fund; redefine; training compliance ................... HB 722

Peace Officers' Benefit Fund; surviving spouse benefits ..... SB 128

Peace Officers; federal retirees; employment and training ..................... HB 416

Peace Officers; minimum salaries ........................................... SB 155

Pistol and Revolvers Sales; notification; waiting period ....................... SB 378

Police Academy; advisory committee to Coroner's Training Council............. HB 94

Public Safety Officers; firefighter standards and training...................... HB 686

Public Safety Training Center; unmarked vehicles; security police force

HB 294

Sheriffs; minimum annual salaries .......................................... SB 106

Sheriffs' Retirement Fund; investment powers ............................... HB 676

Sheriffs' Retirement Fund; successor to retired member; term ................. HB 677

State Patrol; 50th Anniversary; commend ................................... SR 195

Uninsured Motor Vehicles; removal by police officers.......................... HB 70

Unlawful Flight; serious traffic offenses; felony; definitions .................... SB 150

Witness Fees; civil cases ................................................... HB 127

LAWS AND STATUTES County Governing Authorities; definitions ................................... SB 208 Initiative Petition; power vested in people enact or reject...................... SR 41 Repeal, Reenactment or Amendments; effect on criminal prosecution .......... SB 230

LECHMERE, INC.; Commend ............................................... SR 188

LEE COUNTY Business License Fees, Occupational Taxes; continue in force ................. SB 298 Motor Vehicle Registration; staggered tag sales .............................. HB 770

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INDEX

2405

LEGISLATIVE COUNSEL Commend ................................................................ SR 239 Election by Legislative Services Committee.................................. HB 378
LEGISLATIVE RETIREMENT SYSTEM Creditable Service ................................ SB 193 Members; reduce benefits members after 6-30-87............................. SB 222
LEGISLATIVE SERVICES Audits; financial practices; minutes of meetings .............................. HB 387 Election of legislative counsel ................................. HB 378
LIBEL ACTIONS; Broadcasts; defamatory statements; evidence; retractions; damages ................................................................. SB 343
LIBRARIES, LIBRARIANS Bonds; public, independent school systems; general obligation debt ............ HB 647 Law; collection of additional county recorder's court costs .................... SB 176 Law; superior court judges; court fees to fund ............................... HB 338 Records; confidentiality; disclosure exceptions; immunity ..................... HB 297 State Certification Board; composition; extend to 1993 ....................... HB 310
LICENSE PLATES (Also See Motor Vehicles or Staggered Tag Sales) Certificate of Titles; exclude vehicles not sold for highway use ................ SB 377 Fees; waiver for mail purchases; decals...................................... HB 811 Registration; time limit; tax penalties ....................................... HB 160 Special; Agnes Scott College ................................................ HB 67 Special; Augusta College; Paine College ..................................... HB 873 Special; bicentennial; no renewal after December 31, 1989 .................... HB 160 Special; Georgia Southwestern College ....................................... HB 63 Special; Medical College of Georgia......................................... HB 874 Special; POW civilians; Pearl Harbor veterans; State Defense Force, certain National Guard members ......................................... HB 347 Special; Savannah State College; extend time ................................ SB 344 Special; Shriners; volunteer firemen.......................................... SB 37 Special; State Defense Force ....................... SB 311 Staggered Registration Periods; limitations; exceptions ....................... SB 164 Staggered Tag Sales; Chattahoochee County.............. HB 112 Staggered Tag Sales; Cherokee County......................... HB 325 Staggered Tag Sales; Clarke County ........................................ HB 627 Staggered Tag Sales; Colquitt County ..................................... HB 1093 Staggered Tag Sales; Coweta County ....................................... HB 813 Staggered Tag Sales; Fayette County ........................... SB 314 Staggered Tag Sales; Lee County................................. HB 770 Staggered Tag Sales; registration periods; late penalty........................ HB 105 Staggered Tag Sales; Worth County ........................................ HB 926 Trailers; special plates for utility trailers .................................... HB 160
LIENS Alterations of Clothing or Shoe Repair Business; notices of sale ............... HB 835 Filing; federal Superfund Amendments and Reauthorization Act .............. SB 366 Mechanic's and Materialman's; bonds; amount for release .................... SB 340 Mechanic's and Materialman's; written waiver of rights; bad checks ........... HB 649 Mortgages on Residential Property; interest on escrow funds.................. SB 168 Real Estate; filing; pursuant federal Superfund Amendments and Reauthorization Act of 1986; discharge procedures ......................... HB 713 Transportable Housing; dispossessory proceedings; fees; storage costs .......... HB 291

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2406

JOURNAL OF THE SENATE

LIEUTENANT GOVERNOR ZELL MILLER Address ............................................................. Pages 25, 49 Inauguration ............................................................ Page 46

LILBURN, CITY OF; Mayor and council; vacancies; appointments

HB 368

LINCOLN COUNTY HIGH SCHOOL FOOTBALL TEAM; Commend

SR 94

LINDSEY, CHARLES H.; Georgia Telephone Association; Commend

SR 160

LINWOOD, TOWN OF; Elections; mayor and council; compensation; clerk, marshal, treasurer, police; judge of municipal court

SB 184

LITERACY; Governor's Task Force on Adult Literacy ......................... HR 64

LITTERING; Penalties .................................................... SB 151

LIVING WILLS; Revocation provisions; withhold life-sustaining procedures

HB 18

LOANS (Also See Banking and Finance) Debtor Group Life Insurance; maximum coverage ............................ HB 553

LOBBYISTS Registered ....................... Pages 102, 130, 277, 420, 614, 977, 1305, 1656, 2287 Unauthorized Use of Signatures; revocation of registration .................... SB 345

LOCAL GOVERNMENT (Also See Counties or Municipalities)

Airport Property; leases; counties 550,000 or more; taxable estate

HB 455

Alcoholic Beverages; municipal court jurisdiction; minors

SB 141

Alcoholic Beverages; Sunday sales; counties of 160,000 or more

HB 812

Annexation; prior county approval; change population brackets

HB 66

Auctioneers; regulation; licensure ........................................... HB 300

Audits; alternative reports; expenditures under $100,000 ...................... HB 178

Bond Proceeds; authorize invest local government investment pool ............. HB 45

Bonded Indebtedness; Atlanta; limit amount without referendum

SR 99

Bonds; Georgia Allocation System; create; economic development

HB 619

Bonds; libraries, water and sewerage facilities; state loans

HB 647

Bonds; proceeds; authorized investments .................................... SB 327

Bonds; public facility; subject voter approval; amend Constitution

SR 167

Buildings; elevators, smoke detectors standards; compliance audits

HB 840

Burial Places; permits for disturbing; land development; penalties

HB 949

Coroners; mayors serve; municipalities 5,000 or less

HB 452

Corrections Employees; assist local law enforcement officers

SB 143

Counties; abolition of state courts; merge into superior courts

SB 354

Counties; board of commissioners; chairmen; salaries; expenses ................ SB 183

Counties; board of commissioners; compensation; 550,000 population............ SB 84

Counties; boards of health; create in counties of 550,000 ....................... SB 86

Counties; building authorities; certain population; bonds...................... HB 607

Counties; certain officials authority to make personnel decisions ................ SB 56

Counties; compensation supplements for officers .............................. SB 55

Counties; development authorities; directors; terms; appointment .............. SB 331

Counties; elected officers, personnel; insurance, retirement .................... SB 102

Counties; emergency purchases; competitive bid provisions.................... SB 204

Counties; fines, forfeitures; portion for Peace Officers Benefit Fund ............ HB 459

Counties; governing authorities; powers, duties, jurisdiction

HB 521

Counties; governing authority members; workers' compensation ............... HB 342

Counties; hospital authorities; members; terms; appointment

SB 330

Counties; housing authorities; commissioners; terms of office .................. SB 332

Counties; inmate medical service costs reimbursement......................... SB 39

Counties; law libraries; recorder's courts; additional costs ..................... SB 176

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INDEX

2407

LOCAL GOVERNMENT (Continued)

Counties; powers of probate court and governing authorities ............ SB 208

Counties; probate court clerks jurisdiction; certain counties ................... HB 623

Counties; property tax executions; levy administration fees ................... HB 559

Counties; public works contracts; bids, determining factors. .................... SB 81

Counties; public works contracts; emergencies; bid waivers .................... HB 606

Counties; real property; private sales; notices ................................ HB 538

Counties; resource recovery; useful energy; revenue bonds. ................ SB 336

Counties; sales tax, special purpose; expand purposes; repealer ................ HB 479

Counties; vacancies in certain offices; interim appointments ................... SB 170

Criminal Acts on Property; sovereign immunity; immunity for injuries .......... SB 68

Day Care, Small Group Facilities; public hearings on location of .............. SB 114

Development Authorities; dispose of property for fair market value ............ HB 953

Drug Enforcement; use of forfeited money; expenditure limitations ............ HB 250

Drugs; use of proceeds; forfeited or seized money, property .................... HB 74

Education Boards; Public Retirement Systems Law; school districts ........... HB 354

Emergency Management Organizations; repeal state assistance; funding ....... .HB 404

Emergency Telephone Number '911' Systems; referendum; fees .............. .HB 218

Employees on Military Duty; compensation ................................. HB 402

Ethics in Government Act; county, municipal officials defined ................. SB 309

Garbage; dumping across county lines unlawful; penalty; exception ......... SB 33

Hazardous Materials; study emergency response plans ......................... HR 59

Historic Preservation; downtown districts; study economic benefits ............ SR 126

Hotel-Motel Tax; expenditures; tax rates; certain employees exempt ........... HB 563

Immunity from Liability; agencies, boards, authorities; officers ................ SB 113

Land Use Information System Joint Study Committee ........................ SR 92

Landfills; abandoned; construction activity prohibited ........................ SB 175

Landfills; abandoned; construction activity prohibition act; enact .............. HB 435

Law Libraries; superior court judges; increase court fees to fund .............. HB 338

Liability Insurance; interlocal risk management; immunity provisions .......... HB 246

Local Government Impact Fiscal Notes Act; repeal

........... SB 22

Motor Vehicles; emission inspection administrative fees ..................... HB 380

Municipal Courts; disbursement of fines, traffic report fees .................... HB 68

Municipal Courts; jurisdiction; alcoholic beverage sales to minors.............. HB 289

Municipal Courts; jurisdiction; marijuana possession cases ..................... HB 22

Municipal Courts; jurisdiction; shoplifting offenses; penalties .................. HB 265

Municipal Elections; all seats vacant; election procedures ..................... HB 184

Municipal Elections; uniform election date; biennial elections; terms ........... HB 202

Municipal Gas Authority of Georgia; create ................................. HB 328

Municipal Property; sales; property no longer needed for roads ............... HB 521

Municipalities; downtown development, urban redevelopment; contracts...... SB 85

Municipalities; governing authorities; retirement and pensions................. HB 616

Municipalities; removal improperly parked vehicles; certain cities ....... SB 282

Municipalities; traffic courts; senior judges; certain population .......... SB 82

Municipalities; 400,000; mayor, authority to enter contracts ................... SB 263

Property Boundary Processioners; county boards; powers, procedures ......... SB 51

Public Safety Officers; Firefighter Standards and Training Act ........ HB 686

Redevelopment Powers; additional impaired areas............................ HB 561

Rezoning Actions; disclosure; financial interest, local officials ................. .HB 113

Rural Economic Development; Senate study committee....................... SR 174

Sales Tax; special purpose; counties; expand projects; prohibitions............. HB 191

Structural Inspectors; employees licensure................................... SB 310

Tax Collections; lock box systems; contracts ................................. HB 698

Tax Collectors and Commissioners; minimum salaries ........................ HB 461

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2408

JOURNAL OF THE SENATE

LOCAL GOVERNMENT (Continued)

Tax Executions; judgment actions against nonresidents ....................... HB 188

Trade Center Facilities; grants; certain exclusion............................ HB 1036

Traffic Conviction Reports; transmittal fees paid to court clerks

SB 173

Urban Enterprise Zones; Atlanta; create according to unemployment

SB 319

Urban Residential Finance Authority, Atlanta; powers; loans; bonds

SB 83

Workers' Compensation; group self-insurance funds; excess insurance

HB 245

World Congress Center; contracts; commerce, trade center facilities

HB 1035

Zoning; Land Use Information System Joint Study Committee

SR 92

LOOPER, BENJAMIN KEITH, DR.; Commend

SR 140

LOPEZ, NANCY; Professional golfer; commend ............................... HR 230

LOTTERIES; Promotional Giveaway Contests; regulation

HB 201

LOUISVILLE, CITY OF; Coroner; authorized hold city office

HB 832

LOVE, J. ERSKINE, JR.; Condolences

SR 202

LOWNDES COUNTY School Superintendent; appointment; referendum Valdosta-Lowndes County Airport Authority; establish

HB 259 HB 893

LUMPKIN COUNTY; Board of Education; school superintendent; appointment; referendum .................................................. SB 217

M

MACON, CITY OF

Macon-Bibb County Water and Sewerage Authority; compensation ............ SB 251

Macon-Bibb County Water and Sewerage Authority; property liens

SB 252

MAGISTRATE COURTS

Appeals; attorney's fees; litigation expenses; court costs

SB 196

Appeals to Superior or State Courts; judgments in civil actions

SB 200

Chief Magistrates; non-partisan elections

SB 194

Clerks; education qualification; no residency requirement

HB 398

Commissions of Officers; magistrates; constables; clerks

SB 198

Counties of 550,000; fee charged to fund enhanced services

SB 253

Extradition Waivers; jurisdiction

SB 201

Fees; civil actions; money judgments; to superior court clerks

HB 16

Fees; writs of execution; submit to superior court clerks

HB 16

Judges; civil court pro tempore serve as magistrate pro tempore

HB 585

Judges; compensation of chief magistrate.................................... SB 197

Jurisdiction; bad checks; misdemeanor violations; trial procedures

SB 195

Jurisdiction; bad checks; trials of misdemeanor violations ...................... HB 76

Jurisdiction; civil claims ................................................... SB 199

Jurisdiction; Lake Lanier Islands Development Authority

SB 130

Jurisdiction; penal ordinances of state authorities; attorney ................... SB 131

Magistrates; restrictions; make language gender neutral........................ SB 44

Magistrates, Solicitors; carry pistols in public buildings ....................... HB 343

Personnel; counties provide ................................................ SB 202

MAGNUS, KEN; National 4-H champion; commend

SR 62

MAIN, FREDERICK THOMAS, JR.; Commend............................... SR 206

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INDEX

2409

MALPRACTICE (See Medical Malpractice or Physicians)

MANUFACTURERS

Ad Valorem Tax; inventory assessment dates; constitutional amendment

SR 11

Ad Valorem Tax; inventory assessment dates; exceptions ...................... SB 48

Product Liability; negligence claims; duty to warn of dangers .................. HB 29

Product Liability; punitive damages; when complied federal standards

SB 307

MARIETTA, CITY OF

Corporate Limits; deannex and exclude certain property...................... HB 171

Corporate Limits; deannexation, exclude certain property

HB 1143

MARRIAGE AND FAMILY THERAPISTS; Licensure; examination requirements ............................................................. HB 600

MARRIAGE LICENSES Fees; additional fee for Children's Trust Fund............................... SB 159 Residency Requirements; issued any county if party is resident ............... SB 287

MARRIAGE (See Domestic Relations)

MARSHALLVILLE, CITY OF; New charter ............................... SB 299

MARTA Construction; authorize certain revenue, Phases D and E ..................... HB 243 MARTOC; committee editorial revisions; advertising notices ................... HR 53

MARTIN, CHARLES C.; Wishing speedy recovery

..... SR 156

MARYLAND; Regional interstate banking ................................... SB 216

MASTERS, ANITA; National 4-H champion; commend ......................... SR 64

MATTHEWS, ROBERT CHAPPELLE; Condolences ........................... SR 74

MAULDIN, MILTON R. AND ADDIE S. MAULDIN; Commend family

SR 76

MCCAIN, MRS. DON; Pilot Club International; commend

SR 168

MCCAYSVILLE GARDEN CLUB; Commend .................................. SR 88

MCDONALD, MORRIS L.; Commend ........................................ HR 377

MCDUFFIE COUNTY

Board of Commissioners; chairman; compensation ............................ HB 711

Board of Education; elections; school superintendent; continue in force

HB 316

MCDUFFIE, RITA BAGWELL; Commend ........... SR 207

MCEACHERN HIGH SCHOOL FOOTBALL TEAM; Commend .... SR 43

MCINTOSH COUNTY; Bonds; educational purposes; continue in force

HB 617

MCKELPIN, THELMA BRANCH; Commend................................. SR 203

MCKENZIE, SENATOR LEWIS H.; Excused ............................ Page 859

MCWHORTER, HONORABLE HAMILTON, JR.; Elected Secretary of the Senate ............................................................ Page 27

MEADOWS, MELLY; 'Gone With the Wind' characterization .................. SR 235

MECHANIC'S AND MATERIALMAN'S LIENS Bad Checks; written waiver of lien rights ................................... HB 649 Liens; release; filing of bonds; amount ...................................... SB 340 Real Estate Liens; filing location; release procedures ......................... HB 713

MEDICAID (See Medical Assistance)

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2410

JOURNAL OF THE SENATE

MEDICAL ASSISTANCE Long-Term Care; Medical Care Foundation Joint Study Committee ............ SR 75 Nursing Home Industry Study Committee; appoint member .................. SR 176

MEDICAL COLLEGE OF GEORGIA; Motor vehicle license plates .......... HB 874

MEDICAL EXAMINERS (See Coroners)

MEDICAL MALPRACTICE Arbitration of Claims for Damages; procedures .............................. SB 374 Investigations for Licensure of Physicians; state board........................ SB 286 Medical Malpractice Reform Act of 1987 ................ SB 2 Medical Students; tort immunity; conditions ................................ HB 759 Summary Judgment Proceedings; affidavit of conduct; motions ................ SB 347 Tort Reform; immunity from liability, certain free medical care ................. SB 1 Workers' Compensation; limit employer's liability for treatment ............... SB 132

MEDICAL PRACTICE (Also See Physicians or Professions and Businesses)

Anesthesia; dental facilities ................................................ HB 125

Blood Donations; patient furnish own donors; storage programs

.... HB 462

Chiropractors; change scope of practice; education requirements ............... SB 235

Disciplinary Actions; state board powers; injunctive actions ................... SB 348

Drugs; withhold duplicate prescriptions from another practitioner ............. HB 968

Healing Arts Practitioner; delegation of duties; conditions .................... SB 238

Licensure; malpractice investigations, teachers' licenses ....................... SB 286

Medical Students; tort immunity ........................................... HB 759

Optometrists; authorize prescription of pharmaceutical agents ................. SB 375

Physicians, Osteopaths, Orthotists; state board revisions; director.............. SB 348

Practitioners; dangerous drugs; samples; prohibited sales ..................... SB 285

Practitioners; generic drugs substitution; prescription forms ................... SB 289

Surgical Treatment; valid consent; information requirements .................. SB 367

Tattoos on Minors; persons under 16 prohibited; medical exceptions ......... SB 112

MENTAL HEALTH Alcoholics; comprehensive treatment program, extend effective date ............ SB 24 Community Services; outpatient treatment; joint study committee .............. HR 10 Department; create by dividing Human Resources Department................. SB 12 Incapacitated Adults; guardianships; custodian of funds; judges ............... HB 624 Medical Malpractice Reform Act; incompetents; statute of limitations ........... SB 2 Mentally 111, Alcoholic, Drug Abusers; involuntary outpatient treatment.... SB 24

MERIT SYSTEM Appropriations; supplemental FY 6-30-87; Employee Termination Fund .......... HB 2 Classified Service Employees; on-call time compensation...................... SB 127 Employee Assistance Program; create; records confidential ................ SB 14 Employees; overtime pay in lieu of compensatory time ............... SB 21 Employees; use of accumulated sick leave ................................... SB 124 Handicapped Persons; severely disabled; urge employment policy............... HR 92 Study Committee; job classification; health care; incentives ................... SR 204 Vocational-Technical Schools; employees; unclassified service.................. HB 267

MERIWETHER COUNTY Board of Commissioners; compensation; expenses ............................ HB 568 Board of Commissioners; repeal certain compensation provisions .............. HB 567

MERVYN'S DEPARTMENT STORE; Commend ............................. SR 189

METROPOLITAN AREA PLANNING AND DEVELOPMENT (Also See Development Authorities or Authorities)

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INDEX

2411

METROPOLITAN AREA PLANNING AND DEVELOPMENT (Continued) Annual per resident populous assessments.................................... HB 80

MICHAEL, HERMAN C.; Condolences ....................................... SR 201

MILITARY AFFAIRS (Also See Veterans)

Antiterroristic Training Act; penalties; teach use of certain weapons ........... HB 916

Motor Vehicle License Plates; POW civilians, Pearl Harbor veterans

HB 347

National Guard; commend .................................................. SR 67

Public Officers and Employees; military duty; compensation .................. SB 182

Public Officers and Employees; military reserve duty; compensation

HB 402

State Defense Force; special license plates. .................................. SB 311

War Veterans Home; designate Joel E. Scott Building........................ HR 298

MILLEDGEVILLE, CITY OF

Convey State Property to Baldwin County Home for Elderly, Inc.

SR 17

Corporate Limits ......................................................... SB 174

Property Conveyance; First Presbyterian Church; lease

HR 125

MILLER, LIEUTENANT GOVERNOR ZELL Congratulations........................................................... SR 166 Inauguration ........................................................... Page 46 Remarks ............................................................ Pages 25, 49

MINORS

Abortion; Parental Notification Act; enact................................... SB 229

Adolescent Urine Drug Screen Program in Cobb County; commend

SR 10

Adoption by Stepparent; biological mother's affidavit requirements ............. SB 43

Adoption; hard-to-place child; increase aid to families ......................... SB 19

Adoption; release of birth parent information records ......................... SB 63

Adoption; special needs, handicap, foreign; joint study committee

SR 109

Alcohol, Smoking, Drug Abuse; require public school health courses

SB 66

Alcoholic Beverages; selling or furnishing; municipal court jurisdiction

HB 289

Alcoholic Beverages; violations; municipal court jurisdiction ................... SB 141

Capital Crimes, Juvenile; court jurisdiction; restrictive custody ................ SB 148

Child Abuse and Neglect Prevention Act; Children's Trust Fund

SB 159

Child Abuse; evidence; parents, spouse's testimony compellable

SB 34

Child Abuse; protocol committees; county agencies; reports ................... HB 913

Child Caring Institutions; public hearings on location of; prohibit

SB 114

Child Molestation, Aggravated; redefine; mandatory sentence ................. HB 189

Child Molestation; not bailable offense; superior court jurisdiction ............. HB 776

Child Pornography; possession unlawful, definitions ........................... SB 67

Child Support; disregard income in computing public assistance............... HB 882

Child Support; enforcement and collection procedures

HB 302

Child Support; enforcement proceedings; immunity, court witnesses

SB 270

Child Support; enforcement; DHR collect interest on judgments .............. SB 271

Child Support; enforcement; reimbursement for attorney's fees

SB 272

Child Support; public assistance benefits; disregarded income

SB 96

Child Support; recipients of public assistance; parent liability

SB 269

Child Support; recovery; employers provide DHR information

HB 625

Children and Youth Coordinating Council; juvenile courts create

HB 290

Cigarettes, Tobacco Related Objects; prohibit sales, furnishing to.............. SB 116

Cocaine; distribution to minors; mandatory prison term ...................... SB 214

Code Revision; committee to study; authorize advisory committee

SR 186

Criminal Sentencing; persons under 17 sentenced as an adult

SB 301

Custody Interference; expiration legal visitation period

HB 141

Custody Proceedings; right to select parent; change age ...................... SB 125

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2412

JOURNAL OF THE SENATE

MINORS (Continued)

Custody Proceedings; uncontested divorce cases; evidentiary hearings ..... HB 234

Day Care Centers; records check of directors, employees; licenses.............. HB 742

Delinquency; committee to study justice system and YDC's ................... SR 170

Delinquency Prevention; community-based services for youth ................. SB 162

Driver's License Suspension; alcohol, DUI, drug violations .................... SB 120

Drug Testing; students in public schools, procedures .......................... SB 65

Drugs; controlled substance or marijuana abuse; reporting procedures

SB 121

Duty of Support of Parent; mentally, physically disabled; enforcement.......... SB 35

Education Reinvestment Act; AFDC recipients; GERA trust program .......... SB 232

Employment; certificate requirements; passing grades; maximum hours......... SB 313

Guardians; probate court judges custodian of funds; unclaimed funds .......... HB 624

Guardians; State Board of Workers' Compensation appointments.............. SB 188

Handicapped Newborn Persons; registration; referral services ................. SB 180

Harmful Materials; sale or distribution to; parental consent................... HB 197

Homicide of a Child; judgments; apportionment between parents .............. HB 203

Illegitimate Children; inheriting from father; procedure ....................... HB 498

Immunization; transfer students; waivers, change time period .................. HB 12

Juvenile Courts; redefine 'designated felony act' ............................. SB 215

Juvenile Courts; 18 year olds; jurisdiction; certain cases ....................... SB 20

Juvenile Justice Coordinating Council; create; community services ............. SB 162

Juvenile Law Enforcement Officers; commend agency appointments ........... SR 185

Juvenile Probation Officers; state subsidy; certain counties..................... SB 89

Medical Malpractice Reform Act; statute of limitation provisions ................ SB 2

Parents Without Partners Month; designate ................................. SR 117

Preschool Programs; religious nonprofit; licensure exemptions ................. SB 111

Seat Belts in Motor Vehicles; required; over 3 but under 16 years .............. SB 29

Sex Education; public schools .............................................. SB 351

Sex Education; public schools; course topics defined.......................... SB 352

Sexual Exploitation; visual materials; processors; penalties .................... HB 454

Sexual Offenses Against; age of consent under 17, certain cases .......... SB 5

Sexually Transmissible Diseases, AIDS; tests; treatment; disclosure ............ HB 107

Shelter Care; placement; juvenile court judge; child abuse .................... HB 501

Tattoos; person under 16; cruelty to children; penalty ........................ SB 112

Tobacco, Cigarettes; prohibit sales to, purchases by minors ................... SB 110

Tobacco Products; under age 17, prohibit sales to or purchases by............. HB 142

Traffic and Waterways Offenses; penalties; proceedings ....................... SB 147

Traffic Offenses; delinquent acts; unlicensed driver; jurisdiction ............... HB 290

Unclaimed Property Act; Family and Children Services' clients ................ HB 69

Victims of Crime; felony prosecutions; statute of limitations ................... HB 33

Video Movies; motion picture ratings; display on cover required............... HB 198

Wrongful Death of Parent; recovery actions; procedures ...................... SB 259

Youth Conservation Corps; establish within Natural Resources ................. HB 82

MITCHELL COUNTY; School Superintendent; appointment; referendum ... HB 453

MOBILE HOMES (See Housing)

MOBLEY, JOHN 0., JR.; Commend ......................................... SR 148

MOBLEY, MATTHEW PAUL; Compensate ................................. HR 17

MONROE COUNTY Board of Commissioners; election; terms; districts; officers .................... HB 925 Homestead Exemption; continue in force .................................... HB 973

MORAST, FRANK, JR.; Elected to State Transportation Board ......... Pages 90, 91

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INDEX

2413

MORGAN COUNTY Development Authority; continue in force ................................... HB 529 Industry Promotion; tax levy; continue in force .............................. HB 295

MORROW, CITY OF; Mayor and Councilmen; terms; quorum; compensation HB 992

MORTGAGES (See Property)

MOTION PICTURE ASSOCIATION; Commend for movie rating system ........ SR 234

MOTOR VEHICLES AND TRAFFIC

Ambulances; insurance requirements for licensure ............................. HB 70

Boats; vehicles transporting; length permits ................................. HB 445

Certificate of Title; exclude vehicles not sold for highway use ................. SB 377

Certificate of Title; rebuilt, salvage vehicles; inspections ...................... HB 159

Certificate of Title; rebuilt, salvaged or restored; inspections .................. HB 380

Certificate of Title; vehicles not for highway use ............................. HB 811

Cruising; criminal trespass; merchant parking areas .......................... HB 166

Driver improvement Clinics; rehabilitate problem drivers; fees ................. SB 45

Driver's License; applicant's written tests requirements ....................... SB 117

Driver's License; DUI arrests; suspension periods; implied consent.............. SB 92

Driver's License; revocation; redefine habitual violators ....................... SB 157

Driver's License; traffic conviction reports; transmittal fees ................... SB 173

Driver's Licenses; 'habitual violators'; suspension; time periods; notice;

serious injury by vehicles; point count .................................... HB 266

DUI; conviction, nolo contendere pleas of other jurisdictions ................... SB 77

DUI; fixing punishment for violations; determining factors .................... SB 138

DUI; forfeiture, seizure provisions; proceeds of sale .......................... SB 103

DUI; injurious traffic accidents; chemical test requirements .................... SB 91

DUI; license suspension periods; refusal submit chemical tests ................. SB 92

DUI; maximum penalty for serious injury by vehicle; felony .................. HB 796

DUI; two identical chemical tests administered 30 minutes apart.............. SB 317

DUI; vehicle declared contraband when no insurance coverage ................. SB 60

DUI; violations; federal law, local ordinances, current or prior laws ............. HB 37

Emission Inspection; station fees; administrative fees ......................... HB 380

Forest Products; transporting; comply motor carrier safety rules............... HB 859

Garage, Parking Lots; access by handicapped persons; standards .............. HB 797

Garage, Parking Lots; security for motor vehicles; liability .................... SB 171

Habitual Violators; driver's license revocation; redefine ....................... SB 157

Handicap Parking Lots; unattended fare gate accessibility ..................... SB 36

Handicapped Parking Permits; permanent permits; gasoline dispensing

HB 460

Handicapped Parking Spaces; designation; signs; towing; penalties ....

SB 266

Insurance; amend extensively requirements and penalties ...................... HB 70

Insurance; insurers rights to actions, uninsured motorist...................... SB 265

Insurance; redefine operation, maintenance, use; repair business ...

HB 726

Insurance; violations, penalties, fee; revise requirements ....................... SB 94

Juvenile Alcohol, Drug Violations; driver's license suspension ................. SB 120

Juvenile Offenses; unlicensed drivers; juvenile court jurisdiction ............... HB 290

Juveniles; traffic, waterways offenses; jurisdiction; penalties ................... SB 147

Lake Lanier Islands Authority; adoption state traffic provisions ............... SB 130

License Plates; bicentennial; utility trailers; false statements .................. HB 160

License Plates; special; Agnes Scott College .................................. HB 67

License Plates; special; Augusta College; Paine College ....................... HB 873

License Plates; special; Georgia Southwestern College ......................... HB 63

License Plates; special; Medical College of Georgia ........................... HB 874

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2414

JOURNAL OF THE SENATE

MOTOR VEHICLES AND TRAFFIC (Continued)

License Plates; special; POW civilians, Pearl Harbor veterans, certain

National Guard, State Defense Force members ............................ HB 347

License Plates; special; renewal or revalidation provisions

HB 873

License Plates; special; Savannah State College; extend time

SB 344

License Plates; special; Shriners; volunteer firemen

SB 37

License Plates; special; State Defense Force ................................. SB 311

License Plates; staggered registration periods; late penalty

HB 105

License Plates; staggered registration periods; limitations ..................... SB 164

License Plates; staggered tag sales; Chattahoochee County .................... HB 112

License Plates; staggered tag sales; Cherokee County ......................... HB 325

License Plates; staggered tag sales; Clarke County

HB 627

License Plates; staggered tag sales; Colquitt County

HB 1093

License Plates; staggered tag sales; Coweta County........................... HB 813

License Plates; staggered tag sales; Fayette County .......................... SB 314

License Plates; staggered tag sales; Lee County

HB 770

License Plates; staggered tag sales; Worth County

HB 926

License Plates; waiver of fee for mail purchases; decals ....................... HB 811

Littering; penalties ........................................................ SB 151

Motor Vehicle Dealers; redefine deceptive practices, retail transactions

SB 257

Motorcycles; proof of insurance; immediate possession ......................... HB 72

Municipal Traffic Courts; senior judges; certain municipalities.................. SB 82

Parking; removal improperly parked vehicles; cities over 100,000

SB 282

School Buses; colored flasher lights; change requirements .... SB 90

School Buses; seat belts, study committee .................................... SR 20

Seat Beats; front seat occupant requirements, passenger vehicles ............... SB 64

Seat Belts; required, children over 3 but under 16 years ....................... SB 29

Seat Belts; required in front seat when moving; repeal in 1990 ................. SB 30

Seat Belts; requirements for passenger vehicles .............................. HB 159

Speed Limit; maximum 65 MPH any highway; speed zones certain

vehicles ................................ HB 652

Staggered Registration; time limit; penalties ................................. HB 160

Stickers, Decals, Emblems; prohibit profane, lewd words...................... HB 172

Tow-Away Zones; illegal handicapped parking; penalties

SB 266

Traffic Conviction Reports; fees paid to court clerks .......................... HB 68

Traffic Conviction Reports; transmittal fees paid to court clerks............... SB 173

Traffic Lanes; trucks and other vehicles; minimum speeds

HB 399

Traffic Offenses; jury trials; limit withdrawal of waiver ........................ HB 30

Traffic Offense; unlawful flight; felony if involve other elements

SB 150

Truck Tractor and Semitrailers; 65 feet load lengths ......................... SB 335

Trucks; dump or transit mixer vehicles; definitions........................... HB 292

Trucks; enforcement; Public Service Commission safety rules ................. SB 358

Trucks; equipped over 6-wheels; traffic lanes; minimum speeds ................ HB 399

Trucks; length limitations; roadway designation; post signs ................... SB 368

Trucks; weight, dimension limits; county roads; roadway designation........... SB 357

Van-Type Vehicles; transport passengers for hire; license fees ................. HB 162

MOTORCYCLES; Insurance; operators, proof in immediate possession

HB 72

MOULTRIE, CITY OF; Corporate limits; council voting; meetings; appointments............................................................. HB 958

MOUNT VERNON, CITY OF; Corporate limits............................. SB 250

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INDEX

2415

MUNICIPAL COURTS

Alcoholic Beverages; jurisdiction; selling, furnishing to minors

SB 141

Clerks; disbursement of fines and traffic report fees ........................... HB 68

Marijuana; define jurisdiction in production, possession cases .................. HB 22

MUNICIPAL GAS AUTHORITY OF GEORGIA; Create

HB 328

MUNICIPALITIES (Also See Local Government)

Alcoholic Beverage Sales; delete certain referendum requirement

SB 283

Alcoholic Beverages; jurisdiction; selling, furnishing to minors ................. SB 141

Alcoholic Beverages; Sunday sales; in counties of 160,000 or more.............. HB 812

Annexation; prior county approval; change population brackets................. HB 66

Audits; alternative reports; expenditures under $100,000 ...................... HB 178

Bonded Indebtedness; Atlanta; limit amount without referendum

SR 99

Bonds; Georgia Allocation System; create; economic development.............. HB 619

Bonds; proceeds; authorized investments .................................... SB 327

Bonds; proceeds; local government investment pool ........................... HB 45

Bonds; public facility; subject voter approval; amend Constitution

SR 167

Burial Places; permits for disturbing, land development; penalties

.... HB 949

Buses; Taxicabs, Limousines, Vans; regulations; limit authority

HB 743

Contracts; limitations; cities 400,000 ........................................ SB 263

Corrections Employees; assist local law enforcement officers................... SB 143

Development Authorities; dispose of property for fair market value ............ HB 953

Drug Enforcement; use of forfeited money; expenditure limitations ............ HB 250

Elected Officials; defined under Ethics in Government Act.................... SB 309

Elected Officials; Ethics in Government Act; revisions ........................ HB 187

Elections; absentee voting ................................................. HB 421

Elections; all seats vacant; county superintendent call election ................ HB 184

Elections; authorization of counties conduct certain elections

...

HB 165

Elections; uniform date; biennial elections; terms ............................ HB 202

Emergency Management Organizations; repeal state assistance; funds .......... HB 404

Garbage; dumping across county lines unlawful; exception ..................... SB 33

Governing Authorities; retirement and pensions; prior advertisement........... HB 616

Hotel-Motel Tax; different excise tax rates; expenditures ..................... HB 563

Landfills; abandoned; construction activity prohibition act; enact .............. HB 435

Law Enforcement Officers; internal investigations; regulations ................. SB 153

Liability Insurance; interlocal risk management agencies ...................... HB 246

Mayors; population 5,000 or less; serve as coroner............................ HB 452

Motor Vehicles; ordinance against criminal trespass; 'cruising'................. HB 166

Municipal Courts; disbursement of fines, traffic report fees .................... HB 68

Municipal Courts; jurisdiction; alcoholic beverage sales to minors.............. HB 289

Municipal Courts; jurisdiction in shoplifting offenses ......................... HB 265

Municipal Courts; jurisdiction; marijuana cases ............................... HB 22

Municipal Gas Authority of Georgia; create for public projects ................ HB 328

Parking; removal improperly parked vehicles; cities over 100,000 .............. SB 282

Peace Officers; minimum salaries ........................................... SB 155

Property Sales; procedures; property no longer needed for roads .............. HB 521

Public Safety Officers; Firefighter Standards and Training Act ................ HB 686

Sovereign Immunity; criminal acts on property; immunity for injuries .......... SB 68

Tax Collections; lock box system for payments; contracts ..................... HB 698

Trade Center Facilities; grants; exclude carpet exposition centers .....

HB 1036

Trade Center Facilities; World Congress Center service contracts ............. HB 1035

Traffic Conviction Reports; transmittal fees paid to court clerks............... SB 173

Traffic Courts; 300,000 or more population; senior judges ...................... SB 82

Urban Redevelopment; municipality of 400,000; contracts ...................... SB 85

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2416

JOURNAL OF THE SENATE

MUNICIPALITIES (Continued) Urban Residential Finance Authority, Atlanta; powers; loans; bonds ............ SB 83 Workers' Compensation; group self-insurance funds; excess insurance .......... HB 245

MURDER

Drug Trafficking; related conviction; death penalty procedures ................ HB 249

Life insurance Proceeds; suspect beneficiary; funds distribution

SB 300

MURRAY COUNTY
Board of Education; continue in force ...................................... HB 533 Board of Education; elections; districts; residency ............................ HB 534 C. W. Bradley Bridge; designate over Holly Creek ............................ SR 12

MUSCOGEE COUNTY

Board of Education; composition; elections; districts; referendum .............. SB 186

Chief Magistrate; compensation ............................................ HB 806

Designate bridge for Joseph Wilson Smith ................................... HR 61

Probate Court; judge; salary ............................................... HB 941

State Court; additional judge, assistant solicitor; compensation

HB 805

MUSIC INDUSTRY; Study Committee; citizen's council ...................... SR 91

N

NAIL'S CREEK BAPTIST CHURCH; Commemorate bicentennial .............. SR 209

NAPIER, VIOLA BOSS Portrait in Capitol Building; authorize ........................................ SR 9 Portrait in Capitol Building; authorize ....................................... HR 25

NATIONAL GUARD License Plates; special..................................................... HB 347 Public Officers and Employees; military duty; compensation .................. HB 402 Public Officers and Employees; military duty; compensation .................. SB 182

NATURAL RESOURCES

Asbestos; license exemptions; certain contractors ............................. HB 463

Coastal Office/Laboratory; Brunswick; convey exchange properties ............. SR 120

Conservation Ranger; wildlife technicians; retirees; retain weapons ............. HB 261

Deer; hunting anterless or either-sex on certain days ......................... HB 655

Department Employees; injured on duty, salary, disability ..................... SB 28

Emergency Operations Center; notify; oil, hazardous materials spills

... HB 775

Fish Farms, Hatcheries; regulation of agricultural pursuits ...................... HB 7

Fish; food dealers licenses repealed; wholesale dealers; licensure ............... SB 206

Fishing Licenses; reciprocal agreements; elderly Florida residents .............. HB 451

Fishing; designate free days residents fish without license....................... HB 6

Forestry Commission; property transfer to Clinch County Commission

..... SR 33

Foxes; hunting preserves, breeders; licensure; permits; regulate ................ HB 456

Hazardous Materials Discharge; assisting in mitigating effects ................. SB 136

Hazardous Materials; emergency response plans; advisory council............... HR 59

Jekyll Island-State Park Authority; ordinance violations; jurisdiction

HB 741

Lake Lanier Islands; ordinances; security officers; alcoholic beverages .......... SB 130

Landfills, Abandoned; construction activity prohibited; permits................ SB 175

Landfills, Abandoned; construction activity prohibition act; enact.............. HB 435

Liens; hazardous waste cleanup; Superfund Amendments and Reauthorization

Act; filing; release of liens ............................................... HB 713

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INDEX

2417

NATURAL RESOURCES (Continued)

Norton, Mercer Brim; manager Cordele Fish Hatchery; retirement

SR 159

Oil or Hazardous Material Spilled or Released; reports; enforcement

HB 775

Phillips, L. L. (Pete), Conference Center; Little Ocmulgee State Park

HR 9

Soil and Water Conservation Districts, 50th Anniversary; commend

SR 18

State Parks System Study Committee ...................................... SR 161

Stone Mountain Memorial Association; alcoholic beverage sales

HB 810

Tree Farm System, Georgia; commend ....................................... SR 25

Water Pollution; marine toilets; sewage; prohibitions ......................... HB 308

Water Quality Act; urge President, Congress reauthorize....................... HR 69

Waterfowl Stamp Fund; establish .......................................... HB 326

Wildlife Importation Permits ............................................. HB 1010

Wildlife Management, Fishing Areas; use of revenues, license fees ............. SB 107

Youth Conservation Corps; establish; create advisory council

HB 82

NEWBILL, SENATOR SALLIE; Excused

Page 141

NEWMAN, MELVIN L. Commend ............................................................... SR 171 Recognize ............................................................... .HR 334

NEWNAN, CITY OF New charter ............................................................. HB 1034 Water, Sewerage and Light Commission; continue in force .................... HB 502

NEWS MEDIA; Libel actions; defamatory statements; evidence; retractions; damages ................................................................. SB 343

NEWSPAPERS; Independent contractors; distributors, exclude workers' compensation.............................................................. SB 40

NEWTON COUNTY; Board of commissioners; expense allowances............. HB 933

NICHOLLS HIGH SCHOOL MATH TEAM; Commend

SR 65

NOBLES, DANIEL AND MRS.; 50th wedding anniversary ...................... SR 66

NONPROFIT ORGANIZATIONS (Also See Charitable Organizations)

Arts Development Fund; grants; state tax refund donations

SR 23

Athletic Programs; torts, liability limitations ................................. SB 50

Filing Fees; dissolution articles; Code cross references ......................... HB 28

Food; free distribution; limit tort liability .................................... HB 73

Fundraisers, Professional; charities; solicitors; regulation ...................... HB 605

Officers, Directors; civil liability; immunity; tort actions ........................ HB 1

Officers, Directors; immunity from liability; change provisions ................... SB 1

Officers, Directors; liability limits; indemnification ........................... SB 302

Officers, Directors; liability limitations; standards of care ..................... HB 209

Officers, Directors, Members; civil liability immunity ......................... SB 113

NORCROSS, CITY OF Corporate Limits ......................................................... HB 589 Homestead Exemption; certain elderly persons; continue in force .............. HB 580

NORMAN, MOSES CONRAD, DR.; Commend................................ SR 222

NORTH CAROLINA; Nonresident commercial fishing license fees..... HB 1010

NORTH FULTON COUNTY INCORPORATION JOINT STUDY

COMMISSION

................................ SR 106

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2418

JOURNAL OF THE SENATE

NORTH GEORGIA COLLEGE Hoag, Merritt; President; commend......................................... SR 179 Military Scholarships; number; selection .................................... HB 450

NORTHEASTERN JUDICIAL CIRCUIT; Superior Court; change term; Hall County .............................................................. SB 219

NORTHERN JUDICIAL CIRCUIT; Superior Court; judges; salary supplements.............................................................. HB 795

NORTON, MERCER BRIM, Natural Resources Employee; Retirement

SR 159

NOTARIES PUBLIC; Document certification; evidence, knowledge of contents HB 618

NUCLEAR GENERATING PLANTS; Certificate of need; policy committee HR 98

NUDITY AND SEXUAL CONDUCT; Prohibit where alcoholic beverages sold ............................................ HB 516

NUGTEREN, GENERAL CORNELIUS; Robins Air Force Base, remarks

Page 424

NUISANCES; Cultural facilities; limit circumstances; public facilities

SB 101

NURSE OF THE DAY; Pamela Hartman serve .............................. Page 28

NURSES

Georgia Nurses Foundation, Inc.; commend, homeless clinic................... SR 194

Torts; limitation of actions; Medical Malpractice Reform Act

SB 2

NURSING AND PERSONAL CARE HOMES

Activity Directors; therapeutic recreation; licensure; examination

HB 515

Death Certificates; physician's assistants authority ........................... SB 260

Medicaid, Medicare; Medical Care Foundation Study Committee ............... SR 75

Senate Study Committee; create............................................ SR 176

0

OAK RIDGE WATER AND SEWERAGE AUTHORITY; Create

HB 730

OCILLA, CITY OF; Ocilla-Irwin County Industrial Development Authority; continue in force.......................................................... HB 957

OCMULGEE JUDICIAL CIRCUIT Hancock County; change court terms ......................................... SB 4 Wilkinson County Superior Court; change terms ...... SB 23

OCMULGEE STATE PARK, LITTLE; L. L. (Pete) Phillips Conference Center; designate............................................................ HR 9

OCONEE COUNTY Industrial Development Authority; continue in force ......................... HB 296 School Superintendent; appointment; referendum ............................ HB 827

OFFENDER REHABILITATION (See Corrections or Penal Institutions)

OFFICIAL CODE OF GEORGIA (See Code of Georgia)

OGLETHORPE, CITY OF; Mayor and Council; terms of office

SB 329

OGLETHORPE COUNTY Board of Commissions; District 1, change description......................... HB 257 Board of Education; elections; school superintendent; continue in force ... HB 531 Tax Commissioner; annual salary ........................................... HB 153

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INDEX

2419

OPTOMETRISTS; Prescriptions; pharmaceutical agents for occular diseases SB 375

ORGAN DONORS

Anatomical Gifts; exceptions to release of body parts......................... SB 349

Anatomical Gifts; recipient preference; define agency; advisory board

HB 541

Transplants; access of state residents, study committee ....................... SR 119

OSBORNE HIGH SCHOOL BASEBALL TEAM; Commend ................... SR 115

PAINE COLLEGE; Motor vehicle license plates; commemorative issuance

HB 873

PALMER, MICKEY; Compensate ........................................... HR 42

PANNELL, LESLIE; National 4-H Champion; commend ........................ SR 56

PARADISE, MELANIE; National 4-H Champion; commend

SR 55

PARAMEDICS (See Emergency Medical Services)

PARDONS AND PAROLES

Illegal Drug Manufacturing; life imprisonment, no parole ..................... SB 109

Probation; special alternative incarceration; conditions........................ HB 800

State Board; committee to study inmate early release ........................ SR 152

State Board; reimburse counties for inmate medical service costs

SB 39

PARENT AND CHILD (Also See Domestic Relations or Minors)

Abortion; Parental Notification Act; enact................................... SB 229

Adoption Records; birth parent information; release procedures ................ SB 63

Adoption; special needs children; joint study committee ...................... SR 109

Adoptions by Stepparent; biological mother's affidavit requirements ............ SB 43

Child Support; dependent child receiving public assistance; liability

SB 269

Child Support; enforcement proceedings; immunity, court witnesses ........... SB 270

Custody Interference; expiration legal visitation period ....................... HB 141

Custody; minor's right to select parent; change age........................... SB 125

Custody Proceedings; uncontested divorce cases; evidentiary hearings .......... HB 234

Duty of Support; mentally, physically disabled minors; enforcement

.... SB 35

Harmful Materials; sale, distribution to minors; parental consent .............. HB 197

Homicide of a Child; judgments; apportionment between parents .............. HB 203

Illegitimate Children; inheriting from father; procedure ....................... HB 498

Parents Without Partners Month; designate ................................. SR 117

Sexual Abuse of Minors; evidence; spouse's testimony compellable.............. SB 34

Wrongful Death of Parent; children bringing recovery actions ................. SB 259

PARENTAL NOTIFICATION ACT; Abortion; parental notification requirements ............................................................. SB 229

PARENTS WITHOUT PARTNERS MONTH, Designate ................... SR 117

PARK OF HONOR JOINT STUDY COMMITTEE; Feasibility study

SR 147

PARKING LOTS, GARAGES AND SPACES Criminal Trespass; motor vehicle 'cruising'; merchant parking areas ........... HB 166 Handicap Accessibility; unattended fare gates; vehicle heights .................. SB 36 Handicapped Parking Spaces; designation; signs; towing; penalties ............. SB 266 Handicapped Persons; access; standards ..................................... HB 797 Security for Motor Vehicles; requirements; liability .......................... SB 171

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2420

JOURNAL OF THE SENATE

PATIENTS Blood Donors; patient furnish own; storage.................................. HB 462 Sexually Transmissible Diseases, AIDS; tests; treatment; appeals .............. HB 107 Surgical Treatment; informed consent; disclosure procedures .................. SB 367
PAULDING COUNTY Civil Service System; continue in force...................................... HB 351 Commissioners; chairman; compensation ................................... HB 1005 Coroner; compensation ................................................... HB 1004 Coroner; compensation, repeal Act.......................................... HB 787 Courthouse; authority enter contracts; continue in force ...................... HB 785 Fire Protection Districts; continue in force .................................. HB 786 Industrial Building Authority; continue in force.............................. HB 350
PEACE OFFICERS (Also See Law Enforcement) Annuity and Benefit Fund; county fines, bond forfeitures ..................... HB 459 Annuity and Benefit Fund; include DHR Investigators; YDC security.......... SB 178 Annuity and Benefit Fund; investment powers of board ...................... HB 457 Annuity and Benefit Fund; surviving spouse benefits ......................... SB 128 Annuity and Benefit Fund; wardens, guards; revise definitions ................ HB 722 Disciplinary Actions; due process rights; rules, procedures .................... SB 153 Federal Retirees; employment and training .................................. HB 416 Minimum Salaries; full-time employees ..................................... SB 155 Peace Officer Memorial Day; Police Week; designate ......................... HB 522 Witness Fees; arson investigators ........................................... SB 264 Witness Fees; civil cases; off-duty municipal, county police, sheriffs............ HB 127
PEACH COUNTY Board of Education; building funds; continue authority in force ............... HB 763 Board of Education; grants; handicapped training; continue in force ........... HB 764 Industrial Development Authority; authority to levy tax; continue ............. HB 765 Redevelopment Powers; referendum ....................................... HB 1109
PEACHTREE CITY; Water and Sewerage Authority; create ................ .HB 1132
PEACOCK, DONNA; Dodge County; Commend ............................... SR 118
PENAL INSTITUTIONS (Also See Corrections) Absconded Probationers; return of warrants; tolling of sentence ............... SB 144 Burruss, A. L. (Al), Correctional Training Center; designate; Forsyth ........... HR 46 Burruss, A. L. (Al), Correctional Training Center; designate; Forsyth ......... HR 146 Criminal History Records; dissemination; conditions; exclusions ............... HB 312 Equipment, Funds Donations; authorize acceptance certain conditions ......... SB 189 Inmates; adult literacy task force; prison system services ...................... HR 64 Inmates; habeas corpus proceedings in death penalty petitions ..... SB 99 Inmates; jails; unlawful possession of drugs, weapons, alcohol .................. HB 17 Inmates; medical exams; communicable disease transmission ................... HB 92 Inmates; medical service costs; reimbursement to counties ..................... SB 39 Jailers; oaths; sworn to sheriffs ............................................. HB 131 Juvenile Justice Coordinating Council; alternatives to detention ............... SB 162 Peace Officers; minimum salaries ........................................... SB 155 Peace Officers' Benefit Fund; wardens, guards; revise definition ............... HB 722 Probation; certain county systems become part state-wide system ............. HB 232 Probation; special alternative incarceration; conditions........................ HB 800 Youthful Offenders; 18 year olds; court jurisdiction ........................... SB 20
PENNY, DONALD; Commend................................................ SR 27

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INDEX

2421

PERRY, CITY OF Property Conveyance; GBI property for Agricultural Exposition ............... HR 280 Redevelopment Powers; referendum ........................................ HB 211

PERRY, SENATOR ED; Excused ........................................ Page 859

PERSONAL CARE HOMES (See Health, Day Care, Nursing Homes, or Health Care Facilities)

PERSONS, ALLENE; Compensate ......................................... .HR 56

PETROLEUM PRODUCTS (Also See Gasoline) Dealership Franchises; trial period; designated family members

... HB 263

PETTIT, JOSEPH MAYO, DR.; Condolences ................................. SR 238

PETZEN, BARBARA; Rhodes Scholar; commend.............................. SR 139

PHARMACISTS, PHARMACIES Dangerous Drugs; complimentary samples, sale prohibited .................... SB 285 Dispensing Drugs; withholding information from practitioner.................. HB 169 Drugs; withhold duplicate prescriptions from another practitioner ............. HB 968 Generic Brand Drugs Substitution; prescription forms ........................ SB 289 Optometrists; authorize prescription of pharmaceutical agents ................. SB 375 Preferred Provider Arrangements Act; standards; insurers .................... HB 507

PHILLIPS, L. L. PETE; Designate state park conference center ......... HR 9

PHOTOGRAPHY Pandering; unlawful simulate performance of sexual intercourse ................ SB 54 Processors; reports; sexual exploitation of children ........................... HB 454

PHYSICAL HEALTH DEPARTMENT; Create by dividing Human Resources Department ..................................................... SB 12

PHYSICAL THERAPISTS; Licensure; standards of care; disciplinary actions. . SB 292

PHYSICIAN'S ASSISTANTS; Death certificates; authority to sign, long-term care facility patient.............................................. SB 260

PHYSICIANS (Also See Medical Practice or Professions or Health) Alcoholic Beverages; warning signs; pregnancy; birth defects .................. HB 431 Dangerous Drugs; complimentary samples; sale prohibited .................... SB 285 Dispensing Drugs; withholding information of duplicate prescriptions ....... HB 169 Generic Brand Drugs Substitution; prescription forms ........................ SB 289 Guardianship Hearings; examination fees.................................... SB 236 Handicapped Newborn Persons; registration reports; referral .................. SB 180 Hearing Testing; provisions ................................................ HB 432 Immunity from Liability; certain free medical care; damage awards .............. SB 1 Liability Insurance; petition hearings on risk rating assessment ............... SB 135 Malpractice; arbitration procedures; claims for damages ...................... SB 374 Malpractice; investigations for licensure ..................................... SB 286 Malpractice; summary judgment proceedings; motions ........................ SB 347 Medical Examiners Board; revisions; director; injunctive actions; fees .......... SB 348 Medical Malpractice Reform Act; limitation of actions; complaints .............. SB 2 Medical Students; tort immunity; conditions ................................ HB 759 Optometrists; authorize prescription of pharmaceutical agents ................. SB 375 Surgical Treatment; informed consent; disclosure procedures .................. SB 367 Tattoos on Minors; medical exceptions; prohibitions.......................... SB 112

PICHE', PHILIP, National 4-H champion; commend ........................... SR 50

PICKENS COUNTY; Board of education; elections; continue in force ......... HB 324

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2422

JOURNAL OF THE SENATE

PIERCE COUNTY

Board of Commissioners; expense allowances ................................ SB 363

Industrial Development and Building Authority; continue in force

SB 362

Tax Commissioner; office created ........................................... SB 392

PIKE COUNTY Ad Valorem Tax Returns; continue in force ................................. SB 380 Water and Sewerage Authority; create ...................................... HB 298

PLANNING COMMISSIONS (See Authorities or Development Authorities)

PLUMBING CONTRACTORS; Licensure, examination exceptions

SB 62

POLICE ACADEMY; Coroner's Training Council; curriculum advisory committee............................................................... HB 94

POLICE CHIEFS ASSOCIATION; Juvenile officers training ................ SR 185

POLITICAL ACTIVITIES; State employees; conditions defined ................ SB 3

POLK COUNTY Board Commissioners; compensation ........................................ HB 963 Tax Commissioner; compensation........................................... HB 962

POLYGRAPH EXAMINERS; Licensure; education qualifications; extend board to 1993 ............................................................ HB 583

POPULATION BILLS

Airport Property; counties 550,000 or more; leases; taxable estate.............. HB 455

Alcoholic Beverages; Sunday sales; counties of 160,000 or more................ HB 812

Ambulances; certain counties; number of technicians required ................. HB 177

Board of Commissioners; certain counties; chairmen; salaries .................. SB 183

Bonded Indebtedness; limit amount; no referendum; certain city ............... SR 99

Building Authority; counties over 550,000; bonds; judicial facility...

HB 607

Commission Boards of Counties; 550,000 or more; compensation................ SB 84

Coroners; counties not more than 17,560; compensation....................... HB 787

Counties; emergency purchases; competitive bid provisions.................... SB 204

Counties of 550,000; fee to fund services for state, magistrate courts ........... SB 253

Downtown Development, Urban Redevelopment; municipality of 400,000 ........ SB 85

Drug Enforcement; certain local authorities; use of forfeited money............ HB 250

Education Boards; counties between 400,000 and 525,000; compensation

HB 1032

Elections Board; counties between 66,000 and 73,000; repeal Act ............ .HB 1102

Health Boards; counties of 550,000; reimburse retirement expense .............. SB 88

Health Boards; counties of 550,000; retirement options ........................ SB 87

Health Boards; 550,000 or more; create by ordinance .......................... SB 86

Hotel-Motel Tax; different tax rates certain counties, municipalities ........... HB 563

Improperly Parked Vehicles; cities over 100,000; removal provisions ........... SB 282

Jurors and Grand Jurors; selection; residents on federal property

HB 155

Magistrate Courts; fees; legal services; counties 550,000 or more ............... HB 275

Magistrate Courts; minimum salary set according to county population

SB 197

Municipal Corporations; annexation; change population brackets ............... HB 66

Municipalities, 400,000; mayor, authority to enter contracts ................... SB 263

Probate Court Judges; counties over 150,000; eligibility requirements .......... SB 274

Probate Courts; counties over 150,000; concurrent jurisdiction ................. SB 275

Probate Courts; counties with 150,000 or more; clerks jurisdiction ............. HB 623

Probation System Employees; 550,000 or more; health insurance

SB 145

Probation; state-wide system; certain counties become part of................. HB 232

Public Works Contracts; counties over 550,000; lowest bids .................... SB 81

Traffic Courts; municipalities 300,000 or more; senior judges ........... SB 82

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INDEX

2423

POPULATION BILLS (Continued) Urban Residential Finance Authorities Act for Large Municipalities ............ SB 83
PORNOGRAPHY AND OBSCENITY Child Pornography; possession unlawful, definitions ........................... SB 67 Dance Halls; prohibit certain picture displays where alcohol sold ............. HB 516 Harmful Materials; sale, distribution to minors; prohibitions .................. HB 197 Motor Vehicles; profane, lewd words on stickers, decals, emblems ............. HB 172 Pandering; use of motion pictures, photographs, video recordings ............... SB 54 Sexual Exploitation of Children; penalties; visual materials ................... HB 454 Sexual Offenses Against Minors; change age of consent to under 17 ............. SB 5 Video Movies; motion picture ratings; display on cover required............... HB 198
POST-MORTEM EXAMINATION ACT (See Coroners or Medical Examiners)
POULAN, CITY OF; Corporate limits ...................................... HB 927
POULTRY MARKET OPERATORS; Regulate activities; disease control . .... HB 641
POWDER SPRINGS, CITY OF Downtown Development Authority; continue in force......................... HB 332 Downtown Development Authority; membership; continue in force ............ SB 276 Downtown Development Authority; membership; terms; residency ............. HB 333 New Charter .......................................... SB 382
PRESCRIPTION MEDICATIONS Dispensing Drugs; withhold information from practitioner .................... HB 169 Generic Drug Substitution; prescription forms ............................... SB 289
PRISONS (See Corrections or Penal Institutions)
PRIVATE COLLEGES AND UNIVERSITIES AUTHORITY Loans; purchase from Georgia Student Finance Commission .................. SB 371 Members; compensation; disposition of funds ................................ HB 307
PRIVATE DETECTIVE AND SECURITY AGENCIES; Regulation; registration; licensure; fingerprints; state board .............................. HB 493
PROBATE COURTS Chief Clerks; duties upon vacancy office of judge; appointment................ SB 273 Clerks; appointment of chief clerks ......................................... SB 170 Clerks; jurisdiction; uncontested matters; counties 150,000 or more ............ HB 623 Compensation; supplements by counties; prohibitions. ......................... SB 55 County Matters; judges, jurisdiction ........................................ SB 208 Employees; authority to make certain personnel decisions ......... SB 56 Guardianship Hearings; fees ............................................... SB 236 Insurance Proceeds; distribution in active criminal investigations .............. SB 300 Judges; counties over 150,000; eligibility requirements ........................ SB 274 Judges; custodian of funds of minors, incapacitated adults .................... HB 624 Judges; minimum annual salaries ........................................... SB 106 Judges; minimum salaries, increase ......................................... SB 305 Judges; retirement; increase benefits ......................................... SB 15 Judges; vacancies; interim appointments .................................... SB 170 Jurisdiction; concurrent with superior courts; counties over 150,000 ............ SB 275 Marriage License Fees; levy for State Children's Trust Fund .................. SB 159 Office Location; judges; distance from courthouse ............................ HB 488 Office Locations .......................................................... SB 223 Property Boundary Processioners; appointments of county boards ........ SB 51 Year's Support; approval of property conveyance by surviving spouse .......... HB 729

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2424

JOURNAL OF THE SENATE

PROBATION

Absconded Probationers; return of warrants; tolling of sentence

SB 144

Drug Trafficking; increase fines ............................................ SB 122

Fines, Restitution; refunds for over-payment under $5.00

SB 142

Firearm Possession; first offenders; penalty; relief from disability

HB 466

Officers; juvenile workers; state subsidy; certain counties....................... SB 89

Probationers; serious traffic offenses; unlawful flight; felony ................... SB 150

State-wide System; certain populated counties become part of

HB 232

PROCESSIONERS, PROPERTY BOUNDARY; County boards; powers; procedures ................................................................ SB 51

PRODUCT LIABILITY

Food; donors or agricultural gleaners to nonprofit organizations ...

HB 73

Manufacturers; negligence claims, ten-year first sale limit

HB 29

Manufacturers; punitive damages when complied federal standards ............ SB 307

Product Sellers; not liable as manufacturers in certain actions ................ SB 140

Risk Retention Groups; formation; regulation................................ SB 306

PROFESSIONS AND BUSINESSES (Also See Commerce and Trade)

Asbestos Contractors; license exemptions .................................... HB 463

Auctioneers; registration; licensure; local government regulation

HB 300

Auctions; poultry market operators; regulate activities

.... HB 641

Boxing Match Licenses; redefine; kick boxing, contact karate ................. HB 558

Chiropractors; scope of practice; education requirements...................... SB 235

Contractors; electrical, plumbers, conditioned air; licensure exemptions ......... SB 62

Cosmetologists; services for disabled clients; state board regulate .............. HB 269

Counselors, Social Workers, Marriage and Family Therapists; licensure

HB 600

Dentists; sedation; anesthesia; reports; dental assistants ...................... HB 125

Dietitians and Dietetic Counselors; licensure requirements ..................... HB 38

Employees; dissemination of criminal history records; conditions

HB 312

Firearms Dealers; regulate pistol, revolvers sales; prohibitions ................. SB 378

Fundraisers, Professional; regulation; solicitors; charities ...................... HB 605

Funeral Directors, Embalmers; apprentices licensure ......................... SB 239

Garage, Parking Lot Operators; security requirements; liability ................ SB 171

Geologists; regulation; certificates; qualifications ............................. HB 383

Healing Arts Practitioners; delegation of duties; conditions ................... SB 238

Health Care Professionals; membership; county health boards................. HB 344

Health Care Providers; free medical care; torts, liability immunity............... SB 2

Independent Contractors; tort liability of employers; conditions ............... SB 207

Independent Contractors; workers' compensation exclusions .................... SB 40

Insurance; direct response business; agents; offices; telephones................. HB 582

Librarians; state certification board; composition; extend to 1993 .............. HB 310

Marriage and Family Therapists; licensure; examinations ..................... HB 600

Medical Students; tort immunity ........................................... HB 759

Medicine; licenses to teach; medical malpractice investigations ................ SB 286

Optometrists; authorize prescription of pharmaceutical agents ................. SB 375

Physical Therapists; licensure; standards of care ............................. SB 292

Physicians, Osteopaths, Orthotists; state board regulation, powers ............. SB 348

Polygraph Examiners; licensure; education qualifications; state board .......... HB 583

Private Detective, Security Agencies; licensure; criminal records check ......... HB 493

Psychologists; licensing requirements; training ............................... HB 135

Real Estate Brokers and Salespersons; continuing education; licensing,

non-resident, corporate; commissions; fines ................................ HB 108

Recreation Directors; nursing homes; licensure; qualifications.................. HB 515

Rehabilitation Suppliers; peer review groups; health care providers ............ HB 839

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INDEX

2425

PROFESSIONS AND BUSINESSES (Continued) Shoe Repair Businesses; liens .............................................. HB 835 Social Workers; licensure; examination requirements ......................... HB 600 Social Workers; master's social worker; experience requirements ............... HB 433 Speech Pathologist, Audiologists; board; physicians; hearing tests .............. HB 432 Speech-Language Pathologists and Audiologists Licensing Act................. HB 258 Structural Inspectors; licensure; regulation .................................. SB 310 Tailors; liens for alterations of clothing, shoe repair .......................... HB 835 Therapeutic Recreation Specialists; licensure; board duties.................... HB 515 Trademarks and Service Marks; registration; filing fees ....................... HB 222 Used Car Dealers; state board rules, regulations; seminars .................... HB 576

PROPERTY

Acquisition for Future Road Improvement; authority to acquire ............... SB 118

Agricultural; preferential tax assessment; change in ownership. ................ SB 211

Agricultural; preferential tax assessment; penalties; ownership ................. HB 327

Anatomical Gifts; recipient preference; organ procurement .................... HB 541

Counties; real property; private sales; notices ................................ HB 538

Criminal Acts On; sovereign immunity of political subdivisions ................. SB 68

Development Authorities; dispose of property for fair market value ............ HB 953

Dispossessory Proceedings; furnishing of utilities; payments ................... SB 248

Eminent Domain Proceedings; payment of expenses; attorney's fees ........... HB 436

Estates; year's support; conveyance, encumbrance by surviving spouse ......... HB 729

Fair Business Practices Act; purchase of dwelling; deceptive practices

.SB 278

Forfeiture; controlled substances offenses; use of proceeds ..................... HB 74

Forfeiture; motor vehicles seized for DUI convictions......................... SB 103

Forfeiture; seized under Controlled Substances Act........................... HB 250

Forfeiture; seized under controlled substances offenses; proceeds .............. HB 244

Garage, Parking Lots; damage to motor vehicles; liability ..................... SB 171

Handicapped Persons; access; standards; parking lots, spaces.................. HB 797

Income Tax; deductions for depreciation; revise Code ......................... HB 87

Intangible Tax; domesticated foreign corporation stock ....................... HB 724

Judicial Sales; under execution; time of conducting .......................... SB 158

Land Development; burial places; permits for disturbing; penalties

HB 949

Land Use Information System Joint Study Committee ........................ SR 92

Landfills, Abandoned; Construction Activity Prohibition Act .................. SB 175

Landfills, Abandoned; Construction Activity Prohibition Act .................. HB 435

Landlord and Tenant; cable TV service

SB 16

Liens; filing; release of mechanic's and materialman's liens.................... HB 713

Liens; foreclosure; summonses; writ of possession petition; filing ............... SB 366

Liens; mechanic's or materialman's bonds; amount for release ................. SB 340

Liens; security instruments; intangible recording tax; remove limits ............ HB 908

Liens; tailoring, altering clothing or repairing shoes .......................... HB 835

Littering; penalties ........................................................ SB 151

Mobile Home Parks; sales; rights of tenants, owners; notices .................. SB 237

Mobile Homes, Trailers; dispossessory proceedings; fees; storage ............... HB 291

Mortgages on Residential Property; interest on escrow funds.................. SB 168

Motor Vehicles; removal improperly parked vehicles; certain cities............. SB 282

Processioning of Boundaries; county boards; members; procedures .............. SB 51

Public; cultural facilities; nuisances ......................................... SB 101

Public; governmental entities as parties in court actions ...................... HB 843

Public; Underground Atlanta Project; lease agreements ........................ SR 45

Redevelopment Powers; additional impaired areas............................ HB 561

Rezoning; local officials with certain interest; disclosure....................... HB 113

State Capitol; Park of Honor Joint Study Committee ........................ SR 147

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2426

JOURNAL OF THE SENATE

PROPERTY (Continued) State; exchange properties; Natural Resources Office, Brunswick............... SR 120 Tax Executions; delinquent taxes; county administration fees ................. HB 559 Tax Executions; sales; advertisement costs to defendant ...................... HB 439 Time Share Act; promotional giveaway contests; regulation ................... HB 201 Unclaimed Property Act; Family and Children Services' clients ................ HB 69 Wills; marital deduction, procedures ........................................ SB 255 Zoning; Barrow County; land use information system pilot program. ............ SR 92
PROPERTY CONVEYANCES Baldwin County; sewer line easement; O. O. Banks and Marguerite Banks ..... SR 157 Brantley County; Forestry Commission property to Johns Timber Company ... HR 275 Brunswick; Natural Resources Coastal Office/Laboratory...................... SR 120 Calhoun County; Forestry Commission structure ............................. HR 250 Chattanooga; sell Southern Railway leased property to Tennessee Valley Railroad Museum ................................. HR 252 Cuthbert, City of; to Franchise Enterprises, Inc.; street closure................ HB 260 Fannin County; convey to City of Blue Ridge for county purposes............. HR 275 Forestry Commission; property transfer to Clinch County Commission .......... SR 33 Forestry Commission; structure to Fannin County Commission ................. HR 60 Graysville; Seaboard Railroad lease; to Tri-State Steel Drum Company ... HR 100 Habersham County; Forestry Commission; Piedmont Automotive Products . . . . . HR 252 Hawkinsville; National Guard Armory to Pulaski Development Company........ HR 55 Milledgeville; Baldwin County Home for Elderly; DHR property ............... SR 17 Milledgeville; lease to First Presbyterian Church ............................. HR 125 Perry, City of; GBI office; for State Agricultural Exposition ................... HR 280 Savannah; White Bluff Road improvement; Labor Department Office ........... SR 19 Taliaferro County; Stephens State Park; power line to Georgia Power ......... HR 101 Tybee Island; easement for fishing pier, pavilion facilities...................... HR 99 Underground Atlanta Project; lease agreements ............................... SR 45 Waycross; water service facilities easement .................................. HR 133
PSYCHOLOGISTS Guardianship Hearings; examination fees.................................... SB 236 License requirements; training ............................................. HB 135
PUBLIC ASSISTANCE (Also See Social Services or Human Resources or Medical Assistance) AFDC Benefits; computation procedure; disregarded income .................. HB 882 AFDC Benefits; disregarded income; subpoenas ....................... SB 96 AFDC Children; Educational Assistance Program; GERA trust program........ SB 232
PUBLIC OFFICERS AND EMPLOYEES (Also See State Employees or State Government) Agriculture Commissioner; appointment by Governor, not elected ........ SB 326 Agriculture Commissioner; Governor appoint; amend Constitution ............. SR 132 Campaign Contributions; disclosure reports; recall ............................ SB 97 Campaign Contributions; financial disclosure; recall elections.................. HB 187 Coroners; medical records; release to out of state coroner ..................... HB 133 Coroners; vacancies; interim appointments .................................. SB 170 Coroners, Medical Examiners; jurisdiction; anatomical gifts ................... SB 349 Coroner's Training Council; change membership ................... SB 70 Corrections Commissioner; salary; boards, commissions; members expenses .... HB 661 Corrections Employees; assist local law enforcement officers................... SB 143 Counties; insurance, retirement coverage .................................... SB 102 County and Municipal Elected Officials; Ethics in Government Act............ SB 309
Refer to numerical index for page numbers

INDEX

2427

PUBLIC OFFICERS AND EMPLOYEES (Continued)

Directory of State, County Officials; Secretary of State publish annually ........ SB 57

Drug Violations; jury selection; certain geographic areas ....................... SR 26

Drugs; controlled substance violations; circuit grand, trial juries

SB 149

Employees Injured on Duty; salary, workers' compensation .................... SB 28

General Assembly Members; change to four-year term.......................... SR 7

General Assembly Members; reimbursable expenses; penalties ................. SB 262

Governor; election and term of office, change to six years

SR 16

Hotel-Motel Tax Exemption; traveling on official business .................... HB 563

Insurance Commissioner; appointment provisions ............................ SB 324

Insurance Commissioner; campaign contributions; prohibitions

SB 18

Insurance Commissioner; Governor appoint; amend Constitution

SR 130

Insurance; health benefit plans; Senate study committee ...................... SR 175

Insurance; health coverage; reduction of duplicate benefits .................... HB 613

Insurance; liability and indemnification; clarify coverage ....................... SB 47

Internal Investigations of State Agencies; reports; public inspection ............. HB 48

Labor Commissioner; appointment by Governor, not elected .................. SB 325

Labor Commissioner; Governor appoint; amend Constitution .................. SR 131

Magistrates; Constables; Court Clerks; commissions

SB 198

Merit System; employee assistance program; records

SB 14

Merit System; employee on-call compensation

SB 127

Merit System; employee overtime pay in lieu of compensatory time ............ SB 21

Merit System; job classification; health care; incentives; study committee....... SR 204

Merit System; use of accumulated sick leave ................................ SB 124

Military Duty; compensation ............................................... HB 402

Military Duty; compensation ............................................... SB 182

Peace Officers; minimum salaries ........................................... SB 155

Police Academy; advisory committee; Coroner's Training Council............... HB 94

Political Activities; participation authorized; conditions defined ................. SB 3

Public Safety Officers; Firefighter Standards and Training Act ................ HB 686

Recall of Public Officers Act; procedures; definitions; records................... SB 27

Recall Petitions; change certain procedures; definitions ........................ SB 61

Rezoning Actions; disclosure; financial interest, local officials ................. HB 113

PUBLIC RECORDS

Criminal History Records; dissemination by law enforcement ................ HB 312

Criminal Records; arrest records purged certain circumstances ................ SB 373

Financial Disclosure Statements; election contributions, expenses .............. HB 187

Inspection; limit; research records of colleges, universities..................... HB 804

Legislative Services Committee; audits; minutes of meetings

HB 387

Library Records; confidentiality; disclosure exceptions; immunity

HB 297

State Agencies; inspection of internal investigation reports

HB 48

PUBLIC SAFETY DEPARTMENT (Also See Motor Vehicles or Law Enforcement)

Driver's License; reports on refusal submit to chemical tests ................... SB 92

Juvenile Traffic and Waterways Offenses; conviction records

SB 147

Juvenile Traffic Offenses; reports from juvenile courts ........................ HB 290

License Examiners; deputy voter registrars; registration places ................ SB 365

State Patrol; honoring 50th Anniversary .................. SR 195

State Patrol; witness fees; civil cases; off-duty officers ........................ HB 127

Traffic Conviction Reports; transmittal fees paid to court clerks

SB 173

Training Center; State Patrol vehicles; security police force ................... HB 294

PUBLIC SCHOOL EMPLOYEES RETIREMENT Creditable Service; prior teaching service.................................... SB 221 Health Insurance; retirees; retirees of community colleges..................... SB 316

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2428

JOURNAL OF THE SENATE

PUBLIC SCHOOL EMPLOYEES RETIREMENT (Continued) School Security Personnel; membership in Teachers Retirement............... SB 370

PUBLIC SCHOOLS (See Education or Schools)

PUBLIC SERVICE COMMISSION

Cogenerated Energy Facilities; exemptions; transmission agreements

SB 376

Consumers' Utility Counsel; change date for repeal of law .................... HB 540

Energy Resources; alternatives; certificate of need; policy committee ............ HR 98

Motor Carriers; registration exceptions; buses, taxis, limos, vans ............... HB 743

Motor Carriers; safety rules enforced by Transportation Department .......... SB 358

Motor Carriers; vehicles harvesting, transporting forest products

HB 859

Telephones; regulate automatic dialing, announcing equipment................. HB 43

PUBLIC UTILITIES AND TRANSPORTATION (Also See Transportation)

Ad Valorem Tax; utilities; airlines; penalties, late return filing ................ HB 610

Boiler and Pressure Vessels; inspections; special investigators ................. HB 132

Buses; subject municipal regulations ........................................ HB 743

Cogenerated Electric Energy; facilities; remove certain restraints .............. SB 376

Consumers' Utility Counsel; change date for repeal of law .................... HB 540

Emergency Telephone Number '911' Service; maintenance fees .......

HB 218

Energy Resources; alternatives; cogeneration; policy committee ................. HR 98

Georgia Power Company; convey power line; A. H. Stephens State Park

HR 101

Hazardous Materials; emergency response plans; advisory council............... HR 59

Home Energy Suppliers; assistance program funds; regulate................... SB 154

Landlords; utilities suspension, penalty; payments by tenants ................. SB 248

Limousines; subject municipal regulations; limitations ........................ HB 743

Motor Carriers; registration exceptions; buses, taxis, limos, vans ............... HB 743

Motor Carriers; vehicles harvesting, transporting forest products .............. HB 859

Motor Common Carriers, Transport Carriers; dump trucks; mixer vehicles

HB 292

Motor Fuel Tax; change excise tax rate; exempt certain fuel .................. HB 191

Municipal Gas Authority of Georgia; create ................................. HB 328

Nuclear Generating Plants; certificate of need; policy committee ............... HR 98

Residential Public Utilities; aid for low-income families ...................... SB 123

Resource Recovery; sale of useful energy; revenue bonds...................... SB 336

Taxicabs; subject municipal regulation; limitations ........................... HB 743

Telephones; regulate automatic dialing, announcing equipment ................. HB 43

Telephones; rural cooperatives; incorporation filing fees........................ HB 21

PULASKI COUNTY Board of Education; election districts; continue in force ...................... HB 528 Board of Education; elections; referendum .................................. HB 527 Hawkinsville; property conveyance to Pulaski Development Company........... HR 55 School Superintendent; appointment; referendum ............................ HB 569

PULASKI DEVELOPMENT COMPANY; Property conveyance; National Guard Armory at Hawkinsville ..................................... HR 55

PUTNAM COUNTY Board of Commissioners; mileage allowance ................................. SB 244 Tax Collector; compensation; continue in force .............................. HB 747

Q
QUALITY BASIC EDUCATION ACT (See Education)

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INDEX

2429

QUITMAN, CITY OF Board of Commissioners; composition; elections; terms; referendum ......... HB 1014 Quitman-Brooks County School System; merger; continue in force ............ HB 1096
QUITMAN COUNTY Board of Commissioners; clerk; duties ...................................... HB 288 Treasurer; office abolished ................................................. HB 286 Treasurer; repeal compensation Act......................................... HB 287

R

RAILROADS Officers; Directors; liability limits; indemnification; expenses .................. SB 302 Officers, Directors; standards of care; indemnification; liability ................ HB 209 Seaboard System; convey lease to Tri-State Steel Drum Company ............. HR 100 Southern Railway; leased property; sell to Tennessee Valley RR Museum ...... HR 252 Western and Atlantic; property lease, Underground Atlanta Project ............ SR 45

RAINBOW HOUSE; Warner Robins; commend................................ SR 241

RANDOLPH-CLAY HIGH SCHOOL BOYS BASKETBALL TEAM; Commend SR 42

RAPE; Minors; age of consent changed to under 17 years ........................ SB 5

RAVENWOOD ACADEMY GIRLS BASKETBALL TEAM Commend ................................................................ SR 213 Commend ..................................... SR 215

REAL ESTATE (Also See Property) Brokers, Salespersons; education; certain licensing; commissions ............... HB 108 Disturbing Burial Places; permits; land development; penalties ................ HB 949 Liens; release of mechanic's and materialman's liens; filing .................. HB 713 Liens; security instruments; intangible recording tax; remove limits ............ HB 908 Mechanic's or Materialman's Liens; bonds; amount for release ................ SB 340 Mobile Home Parks; land transactions; rights of tenants, owners .............. SB 237 Single-Family Dwellings; sales; require structural inspections .................. SB 310

RECALL OF PUBLIC OFFICERS Amend Act; procedures; definitions; records; petitions ......................... SB 27 Campaign Contributions; code revisions; disclosure reports..................... SB 97 Campaign Contributions; disclosure; filing; elections .......................... HB 187 Campaign Contributions; Ethics in Government Act.......................... SB 156 Petitions; procedures; definitions .................. SB 61

REDDISH, SENATOR RILEY; Resignation letter ......................... Page 15

REDEVELOPMENT POWERS LAW Additional Impaired Areas; transportation noise, environmental factors ........ HB 561 Byron, City of; authority to implement; referendum ......................... HB 1108 Chatham County; authority to implement; referendum ....................... SB 387 Fort Valley; authority to implement; referendum. .......................... .HB 1110 Peach County; authority to implement; referendum ........................ HB 1109 Perry, City of; authority to implement; referendum .......................... HB 211 Savannah; authority to implement; referendum .............................. SB 386

REGENTS; Appropriations; supplemental FY 86-87; Georgia Military College

HB 2

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2430

JOURNAL OF THE SENATE

REGENTS BOARD Laboratory and Research Facilities; leased to private business................. SB 268 Laboratory and Research Facilities; leased to private companies............... SB 267

REHABILITATION SUPPLIERS; Peer review groups ...................... HB 839

REID, FRANS; Behalf of Lovern Terrell Matlock; compensate ................ HR 270

REIDSVILLE, CITY OF; Council; posts; wards; elections .................... HB 801

RESIDENTIAL FINANCE AUTHORITY; Housing authorities; bonds; allocation system ......................................................... HB 619

RESOURCE RECOVERY DEVELOPMENT AUTHORITIES LAW; Sale

or disposition of useful energy; not subject cogeneration act

SB 336

RETIREMENT AND PENSIONS

Code Revisions; Title 47 ................................................... HB 279

Counties; provide for elected officials and personnel.......................... SB 102

Employees' System; creditable service; 'other public service' .................. SB 304

Employees' System; Jekyll Island-State Park Authority employees ............. HB 193

Employees' System; options revocation; divorce; spouse's death

SB 129

Employees' System; probation employees, counties of 550,000 ................. SB 145

Employees' System; redefine prior service; military service credit

SB 38

Firemen's Pension Fund; membership; reinstatement conditions; disability

waivers; fire insurance companies premium taxes

HB 355

Fiscal Retirement Bills; passage provisions; actuarial studies

SB 6

Fulton County; employees of family and children services; options............. SB 379

Fulton County; health board employees; membership options .................. SB 87

Fulton County; health department employees; reimburse expenses

SB 88

Judges; second division State Court of Cobb County ......................... SB 384

Legislative System; prior service credit...................................... SB 193

Legislative System; reduce benefits members after 6-30-87 .................... SB 222

Municipal Governing Authorities; actions; prior advertisement

HB 616

Peace Officers; federal retirees; employment and training

HB 416

Peace Officers' Benefit Fund; DHR Youth Services Division personnel

SB 178

Peace Officers' Benefit Fund; investment powers ............................. HB 457

Peace Officers' Benefit Fund; portion county fines, forfeitures ................. HB 459

Peace Officers' Benefit Fund; surviving spouse benefits ....................... SB 128

Peace Officers' Benefit Fund; wardens, guards; redefine ....................... HB 722

Probate Court Judges Retirement Fund; benefits increased .................... SB 15

Public School Employees; credit prior teaching service

SB 221

Public School Employees; health coverage; retirees; community colleges

HB 247

Public School Employees; retirees; health insurance coverage.................. SB 316

Public Systems; beneficiary designation changes; spouses ..................... HB 376

Public Systems; officers, employees; liability insurance; indemnify .............. SB 47

Public Systems; reduction in cost amendments; actuarial investigations;

fiscal impact; concurrent funding ......................................... HB 354

Sheriffs' Retirement Fund; investment powers ............................... HB 676

Sheriffs' Retirement Fund; successor to retired member; term ................. HB 677

Superior Court Clerks' Fund; increase benefits; disability provisions ............. SB 7

Superior Court Judges; trustees; senior judges; spouses ....................... SB 322

Teachers; allowance on years of creditable service

SB 167

Teachers; attendance officers; membership .................................. SB 228

Teachers; beneficiary designation; married members .......................... SB 364

Teachers; contributions, employer, accumulated; membership retention......... HB 277

Teachers; creditable service for unused sick leave ............................ SB 161

Teachers; military service credit; requirements; limitations

SB 383

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INDEX

2431

RETIREMENT AND PENSIONS (Continued) Teachers; Peace Corps creditable service .................................... SB 246 Teachers; postsecondary vocational-technical schools ........................ .HB 267 Teachers; public school security personnel. .................................. SB 370 Teachers; 30-year service, early retirement application........................ SB 249

RETIREMENT COMMITTEE; Senator Tate act as Chairman ........ Pages 883, 970

REVENUE AND TAXATION

Ad Valorem Tax; agricultural property; preferential assessment;

penalties; ownership changes ............................................. HB 327

Ad Valorem Tax; agriculture preferential assessment; ownership changes ....... SB 211

Ad Valorem Tax; inventory assessment dates; constitutional amendment ........ SR 11

Ad Valorem Tax; inventory assessment dates; exceptions ...................... SB 48

Ad Valorem Tax; notification of property assessment; commissioner ......... .HB 611

Ad Valorem Tax; utilities; airlines; penalty for late return filing .............. HB 610

Airport Property; taxable estate; leases; counties 550,000 or more.............. HB 455

Bonds; public facility; subject voter approval; amend Constitution ............. SR 167

Corporations; intangible property tax; foreign parent; stocks .................. HB 724

Department Employees; injured on duty, salary; Commissioner's salary ......... SB 28

Excise Tax; exemption; malt beverages, wines; certain alcohol content ......... HB 180

Excise Tax; hotels, motels; tax rates; state employees exemption .............. HB 563

Income Tax Code; revise; incorporate provisions of federal law ................. HB 87

Income Tax; credit, Arts Development Fund ................................. SR 23

Income Tax; evasion; criminal penalties ..................................... SB 119

Income Tax, Federal; interest on state bonds; constitutional convention ......... SR 44

Intangible Recording Tax; convert to documentary tax; maximum tax ......... HB 908

Intangible Tax; domesticated foreign corporations; stocks ..................... HB 724

Intangible Tax; foreign depository financial institutions ................... SB 261

Motor Fuel Tax; change excise tax rate; exempt certain fuel .................. HB 191

Motor Vehicle Registration; van-type vehicles transporting passengers ......... HB 162

Motor Vehicles; registration periods; late penalty ............................ HB 105

Motor Vehicles; registration periods; limitation; exceptions ................. SB 164

Motor Vehicles; registration; time limits; penalties ........................... HB 160

Premium Tax; fire insurance companies; penalties; interest ................... HB 355

Premium Taxation; liability risk retention groups ............................ SB 306

Public Funds; depositories; calculate amount of security ...................... SB 104

Public Funds; depositories; security amount; deduct deposit insurance ......... SB 105

Real Estate; convert intangible recording tax to documentary tax.............. HB 908

Revenue Bills; raise or reduce, legislation originate either house ................. SR 6

Revenue Bills; supplementary appropriation; emergencies; voting procedure .... SR 86

Sales and Use Tax; counties; special purpose; expand purposes; repealer ....... HB 479

Sales Tax; special purpose; counties; expand projects; prohibitions............. HB 191

Tax Assessor Office; certain material subject public inspection ................ HB 121

Tax Collections; lock box system for payments; contracts ..................... HB 698

Tax Collectors; local taxes; judgment actions against nonresidents

....... HB 188

Tax Collectors, Commissioners; compensation supplements; prohibitions ..... SB 55

Tax Collectors, Commissioners; employee personnel decisions .................. SB 56

Tax Collectors, Commissioners; minimum salaries ............................ HB 461

Tax Executions; advertisement costs; payment provisions .................... HB 439

Tax Executions; delinquent property; county administration fees .............. HB 559

Tax Officials; county vacancies; interim appointments ........................ SB 170

Waterfowl Stamp Fund; Natural Resources Department administer ............ HB 326

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2432

JOURNAL OF THE SENATE

REVENUE BONDS Atlanta; general obligation, limit debt without referendum ..................... SR 99 Federal Income Tax; limit on interest; constitutional convention ............... SR 44 General Obligation Debt; libraries, water and sewer facilities .................. HB 647 Local Government Investment Pool; proceeds. ............................... HB 45 Private Colleges Authority; use of proceeds................................. SB 371 Proceeds; investments; change authorization provisions ....................... SB 327 Resource Recovery Development Authorities; sale of useful energy............. SB 336

REVISIONS TO GEORGIA CODE (See Code of Georgia)

RICH'S ACADEMY; Alternative High School Program; commend

SR 135

RICHARDSON, SPURGEON; Six Flags Over Georgia; commend. ............... SR 227

RICHMOND COUNTY Ad Valorem Tax; early payment discounts; continue in force.................. HB 363 Board of Education; compensation......................................... HB 1128 County Officials; compensation ............................................. HB 961 Oak Ridge Water and Sewerage Authority; create ................ HB 730

RILEY, JOHN R.; Express tribute and condolences ......... SR 187

RIVERDALE, CITY OF; Corporate limits ................................. HB 1051

RJR NABISCO, INC.; Welcome to Cobb County ............................... SR 82

ROBINS AIR FORCE BASE General Cornelius Nugteren, remarks ..................................... Page 424 Museum of Aviation; commend ............................................. SR 93

ROCKDALE COUNTY Conyers-Rockdale-Big Haynes Impoundment Authority; create ............... HB 1050 State Court; create........................................................ SB 205

ROME, CITY OF Board of Education; membership; qualifications; vacancies; elections ........... HB 621 Rome-Floyd County School System; county-wide merger; referendum ......... HB 1016

ROSWELL, CITY OF; Corporate limits ..................................... HB 276

ROTARY INTERNATIONAL DISTRICT GOVERNORS; Commend ............. SR 35

ROWLAND, ROY; Eighth district congressman; remarks ..................... Page 547

RULES COMMITTEE; Senators Dean appointed Chairman; Hine, Vice Chairman; Harrison, Secretary ........................................... Page 442

RURAL ECONOMIC DEVELOPMENT Enactment; state-wide plans, projects; funds................................. SB 191 Encourage projects in economically depressed counties ....................... SR 164 Planning and Development; define state agencies ............................ HB 148 Senate Study Committee ........................................... SR 174

RUSSELL, ERK; Georgia Southern College Coach; commend ................... SR 39

RUTLAND, GUY WALTER, JR.; Condolences ................................. SR 69

s

SAFETY BELTS (See Seat Belts or Motor Vehicles) Refer to numerical index for page numbers

INDEX

2433

SALE CITY, CITY OF; Mayor and councilmen; vacancies .................... HB 417

SALES TAX (Also See Revenue and Taxation) Special Purpose County; expand projects; reimposition; prohibitions ........... HB 191 Special Purpose County; expand purposes; referendum; repealer ............... HB 479

SAVANNAH, CITY OF Board of Education; retirement system; benefits; continue in force............. HB 943 Convey State Property; for White Bluff Road improvement.................... SR 19 Elections; mayor, limit term; referendum ................................... HB 1138 Redevelopment Powers; referendum approval................................ SB 386 Savannah Day At The Capitol; recognize ..................................... SR 28 Tax Assessor Board; merger; county tax assessor; continue in force ............ HB 879

SAVANNAH STATE COLLEGE; Motor vehicle license plates; commemorative issuance; extend time....................................... SB 344

SAVINGS AND LOAN ASSOCIATIONS Business Development Corporations; member loans; duration ................. HB 720 Financial Institutions; amend various Code provisions ........................ SB 220 Regulation; mergers; federal savings bank ................................... HB 283

SCHLEY COUNTY Board of Commissioners; elections, districts, compensation .................... SB 139 Board of Education; elections; districts; vacancies; compensation .............. SB 328

SCHOOLS (Also See Education or Colleges and Universities)

Alcohol, Smoking, Drug Abuse; require health courses ......................... SB 66

Athletic Associations, Private; activities in public schools ..................... SB 126

Beer, Wine Sales; prohibit near schools; exceptions; distances .................. SB 49

Buses; colored flasher lights; change requirements............................. SB 90

Buses; seat belts, study committee........................................... SR 20

Drug Testing; students in public schools, procedures .......................... SB 65

Drugs; child controlled substance or marijuana abuse reports ................. SB 121

Employees; retirees; health insurance coverage, dependents ................... HB 247

Immunity From Liability; providers of charitable services .................... SB 113

Immunization; transfer students; waivers, change time period .................. HB 12

Preschool Programs; religious nonprofit; licensure; inspections ...... .......... SB 111

Proprietary School Act; certificate of authorization; sex education

HB 905

Public School Employees Retirement; prior teaching service credit ............ SB 221

Public Systems of Other States; service credit toward retirement .............. SB 304

Quality Basic Education Act; amend code chapter extensively ................. SB 179

Retirees; health insurance coverage; certain community colleges ............... SB 316

Security Personnel; membership Teacher Retirement System ................. SB 370

Sex Education; public schools .............................................. SB 351

Sex Education; public schools; course topics defined.......................... SB 352

Superintendents; education boards appoint; amend Constitution............... SR 129

Superintendents, Local; elections; qualifications; vacancies .................... SB 323

Teachers; contract rights, nonrenewal, demotion, school mergers............... SB 231

SCOTT, JOEL E., BUILDING; Georgia War Veterans Nursing Home. ....... .HR 298

SCOTT, ROBERT LEE, JR., GENERAL; Commend

SR 212

SCOUTS; Girl Scout Gold Award Recipients; commend ......................... SR 36

SEASHELL; Official state; designate Knobbed Whelk ........................ .HR 130

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2434

JOURNAL OF THE SENATE

SEAT BELTS (Also See Motor Vehicles) Motor Vehicles; required, children over 3 but under 16 years ....... SB 29 Passenger Cars; required in front seat when moving; repeal in 1990............. SB 30 Passenger Vehicles; requirements ........................................... HB 159 Passenger Vehicles; use required front seat occupants ......................... SB 64 School Buses; create study committee........................................ SR 20

SEATON, GEORGE; Agriculture Department; commend ....................... SR 180

SECRETARY OF STATE Communications from ......... Pages 13, 102, 130, 277, 420, 614, 977, 1305, 1656, 2287 Corporate Names; reservation periods; certificate; filing fees................... HB 210 Duncan, Frances S.; Elections Divisions; commend ............................ SR 87 Election Board; elect Roger F. Kahn........................................ SR 145 Elections; Code revisions; uniform election date; municipal; terms ............. HB 202 Elections; extensive revisions; presidential candidate provisions................ HB 185 Elections; unopposed candidates; write-in candidates ..... SB 71 Financial Institutions; articles of incorporation; initial directors ............... HB 283 Fundraisers, Professional; regulation; solicitors; charities ...................... HB 605 Lobbyists and Registered Agents; unauthorized use of signatures .............. SB 345 Medical Examiners Board; administrative duties ............................. SB 348 Public Officers Directory; annual publication ................................. SB 57 Rural Telephone Cooperatives; incorporation filing fees ........................ HB 21 Securities; certificate of compliance; prima-facie evidence ...................... SB 78 Securities; registration exemptions certain sales transactions ................... SB 79 State Agencies; proposed rule changes, effective date ......................... SB 210 State Ethics Commission; administrative functions ............................ SB 97 Trademarks and Service Marks; registration filing fees ....................... HB 222

SECURITIES Criminal or Civil Proceedings; applicable laws on date of crime ............... HB 663
Sales Transactions; registration exemptions................................... SB 79 Secretary of State; certificate of compliance admissible evidence................ SB 78

SEMINOLE COUNTY HIGH SCHOOL BASKETBALL TEAM; Commend...... SR 236

SENATE

Appropriations Committee; Senator Allgood appointed Vice Chairman;

Senator Dawkins, Secretary ............................................ Page 442

Assistant Secretary; Alice Hoge designated ................................. Page 27

Committee of the Whole Senate........................................... Page 52

Committee on Higher Education; reports on Governor's appointees . . . . Pages 945, 1926

Consideration of HB 882 denied; fiscal impact bill introduced too late

Page 1891

Consumer Affairs Committee; Regulated Beverages Subcommittee appointed Page 477

Convened; notify House, January 12, 1987 .......... SR 2

Disruptive Conduct; General Assembly session or meetings ................... HB 126

District 10; special election ........................................... Pages 13, 14

Election and Terms; General Assembly members, four-year term ................ SR 7

Floor Privileges adopted .................................................. Page 45

Governmental Operations Committee; Senator Brannon act as Chairman

Page 574

Holloway, Albert W.; tribute to ............................................ SR 110

Human Resources Committee; Senator Hine act as Chairman ....

Pages 189, 1559

Joint Session; Dr. Henry King Stanford, UGA Interim President, address ........ SR 5

Joint Session; Governor's message ............................................ HR 6

Legislative Services Committee; audits; minutes of meetings .................. HB 387

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INDEX

2435

SENATE (Continued)

Morning Roll Calls............................ Pages 16, 43, 58, 68, 88, 101, 155, 181,

193, 229, 276, 310, 338, 362, 400, 423, 453, 483, 581, 626, 730, 771,

831, 888, 976, 1039, 1106, 1167, 1230, 1323, 1374, 1439, 1565, 1655, 1851, 1960

Officials, Employees and Committees; relative to ............................... SR 3

President Pro Tempore; Senator Joe Kennedy elected ....................... Page 26

Research Office; Legislative Counsel; commend .............................. SR 239

Retirement Committee; Senator Tate act as Chairman ................ Pages 883, 970

Revenue Bills; raise or reduce revenue originate either house.................... SR 6

Rules Committee; Senators Dean appointed Chairman; Hine, Vice Chairman;

Harrison, Secretary ................................................... Page 442

Secretary of the Senate; Hamilton McWhorter, Jr. elected ................... Page 27

Senate Rules; adopt......................................................... SR 1

Senator Bowen, Rooney; excused ......................................... Page 859

Senator Brannon, Max; excused .................................... Pages 141, 1262

Senator Brown, Parks; excused during hospitalization ................. Pages 45, 1697

Senator Deal, Nathan; excused from voting on HB 327 .................... Page 1901

Senator Engram, Bev; excused during hospitalization

Page 45

Senator Harris, Billy; excused ............................................ Page 859

Senator Hine, Ed; excused from conference committee on HB 185.......... Page 1960

Senator Holloway, Albert W; deceased February 7, 1987 .................... Page 423

Senator Holloway, Albert W.; eulogies in memory .......................... Page 457

Senator Howard, Pierre; excused ......................................... Page 698

Senator Hudgins, Floyd; replace Senator Hine as conferee

on HB 185 .......................................................... Page 1961

Senator Kidd, Culver; excused during hospitalization ....................... Page 586

Senator Land, Ted; excused from voting on SB 254 ........................ Page 463

Senator McKenzie, Lewis H.; excused..................................... Page 859

Senator Newbill, Sallie; excused .......................................... Page 141

Senator Perry, Ed; excused .............................................. Page 859

Senator Reddish, Riley; communication, resignation ......................... Page 15

Senator Tate, Horace; excused during illness .............................. Page 183

Senator Timmons, Jimmy Hodge; excused................................. Page 859

Senator Turner, Loyce; excused ..................................... Pages 771, 832

Senator Walker, Gene; excused.................................... Pages 1067, 1262

Senators-Elect

Certified by Secretary of State .......................................... Page 13

Oath of Office administered by Justice George T. Smith

Page 17

Oath of Office administered to hospitalized Senators Parks Brown,

Bev Engram....................................................... Pages 17, 31

Sergeant at Arms; Marvin W. "Cap" Hicks elected.......................... Page 27

Special Judiciary Committee; minority report on SB 177 ................... Page 452

Standing Committees, appointed .......................................... Page 17

Urban and County Affairs Committee; Senator Tolleson

act as Chairman ................................................. Pages 828, 884

SENIOR CITIZENS (See Elderly)

SENTENCE

Aggravated Child Molestation; mandatory; penalties.......................... HB 189

Battery; minimum sentences; define 'visible bodily harm'

SB 203

Cocaine Trafficking; mandatory imprisonment ............................... SB 214

Criminal Cases; disparities; incarceration; study committee.................... SR 152

Death Penalty; murder conviction; drug trafficking cases...................... HB 249

Drug Trafficking; mandatory imprisonment; amend Constitution

SR 21

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2436

JOURNAL OF THE SENATE

SENTENCE (Continued) DUI; change maximum penalty for serious injury by vehicle .................. HB 796 DUI; fixing punishment for violations; determining factors .................... SB 138 First Offenders; penalty; firearm possession while on probation ................ HB 466 Illegal Drug Manufacturing; life imprisonment, no parole ..................... SB 109 Persons Under 17 Sentenced as an Adult; imprisonment institutions........... SB 301

SEWERAGE (See Waste Management)

SEXUAL OFFENSES

Child Molestation, Aggravated; redefine; mandatory sentence ................. HB 189

Child Pornography; possession unlawful, definitions ........................... SB 67

Exploitation of Children; penalties; visual materials; reports .................. HB 454

Minors; crimes against; evidence; spouse's testimony compellable ............... SB 34

Minors; rape, molestation, enticement; age of consent under 17 ................. SB 5

Nude and Sexual Conduct; prohibit where alcoholic beverages sold ............ SB 372

Pandering for Prostitution; redefine 'persons' as gender neutral ................ SB 53

Pandering; use of motion pictures, photographs, video recordings ......

SB 54

SHERIFFS (Also See Courts) Compensation; minimum annual salaries; effective January 1, 1988 ............ SB 106 Compensation; supplements by counties; prohibitions ......................... SB 55 Cox, Gary Vinson; Sheriff of the Year; commend.............................. SR 85 Employees; authority to make certain personnel decisions ..................... SB 56 Jailers; swear oath of office ................................................ HB 131 Judicial Sales; property under execution; time of conducting .................. SB 158 Juvenile Law Enforcement Officers; encourage additional training ............. SR 185 Retirement Fund; investment powers ....................................... HB 676 Retirement Fund; successor to retired member; term ......................... HB 677 Tax Executions; collect county levy administration fee ....................... HB 559 Tax Executions; property sales; advertisement costs; payment provisions ... HB 439 Witness Fees; civil cases; off-duty officers ................................... HB 127

SHERIFFS' RETIREMENT FUND Board of Commissioners; successor to retired member; term of office........... HB 677 Investment powers ........................................................ HB 676

SHOPLIFTING; Municipal courts; jurisdiction; penalties................ HB 265

SHRINERS; Motor vehicle license plates; special issuance ...................... SB 37

SIGNS; Distilled spirits; licensed dealers; trade names ......................... HB 335

SIX FLAGS OVER GEORGIA; Commend Spurgeon Richardson ................ SR 227

SKY VALLEY, CITY OF; Ad valorem tax; homestead exemption; referendum.............................................................. HB 1129

SLOSHEYE TRAIL BIG PIG JIG; State BBQ cooking contest ................. SR 230

SMITH, JOSEPH WILSON, BRIDGE; Designate in Muscogee County ........ HR 61

SMOKE DETECTORS Require in buildings with sleeping accommodations; standards ............... HB 311 Required in new residential construction; standards ........................... SB 10 Safety Standards; installation; inspection.................................... HB 840

SMOKING (See Tobacco Products)

SMYRNA, CITY OF; Mayor and councilmen; elections .................. SB 72

SNELLVILLE, CITY OF; Corporate limits; deannex certain property ......... SB 390

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INDEX

2437

SOCIAL SECURITY Benefit Levels; "notch", urge Congress eliminate disparity ..................... HR 76 Income Disregard; certain federal programs; determine public assistance ....... HB 882
SOCIAL SERVICES (Also See Human Resources or Domestic Relations) Adoption; hard-to-place child; increase aid to families .................... SB 19 (Also See Human Resources or Domestic Relations) AFDC Payments; assignment of assistance for education trust program ....... SB 232 AFDC Payments; child support; disregarded income........................... SB 96 Child Support; enforcement; DHR collect interest on judgments............... SB 271 Child Support; enforcement proceedings; immunity, court witnesses ......... SB 270 Child Support; enforcement; reimbursement for attorney's fees ................ SB 272 Child Welfare Agencies; licenses................................ SB 96 Day Care Centers; licensing; directors, employee records check ................ HB 742 Day Care Homes, Centers; curriculum; emergency numbers; space ........... SB 96 Department; create by dividing Human Resources Department.......... SB 12 Educational Reinvestment Act; AFDC children; GERA trust program.......... SB 232 Handicapped Newborn Persons; registration; referral services ................. SB 180 Home Energy Assistance; prevent recipients retain certain funds .............. SB 154 Human Resources Board; urge Governor appoint disabled person.............. SR 199 Juvenile Drug Use; reports of abuse; procedures; confidentiality ............... SB 121 Juvenile Justice Coordinating Council; community-based services ............ SB 162 Medicaid; nursing homes, Medical Care Foundation Study Committee .......... SR 75 Public Assistance; AFDC payments; child support income disregard ........... HB 882 Public Assistance; parent's liability for substandard child support ............. SB 269 Small Group Residential Facilities; public hearings on location ................ SB 114 Unclaimed Property Act; Family and Children Services' clients ................ HB 69
SOCIAL WORKERS Licensure; examination requirements ....................................... HB 600 Licensure; experience requirements ......................................... HB 433
SOIL AND WATER CONSERVATION DISTRICT; 50th Anniversary; commend ................................................................. SR 18
SOLICITORS Pistols; authorize carry in public buildings .................................. HB 343 State Courts; residency requirements ....................................... HB 377
SOPERTON, CITY OF; Municipal court; contempt; punishment ......... SB 341
SOUTH CAROLINA; Nonresident commercial fishing license; fees ........... HB 1010
SOUTHERN BELL TELEPHONE CENTER; Express appreciation ........ SR 224
SOUTHERN JUDICIAL CIRCUIT; Superior court judges; compensation supplement.................................................. HB 304
SOVEREIGN IMMUNITY Criminal Acts on Property of Political Subdivision ............................ SB 68 Interlocal Risk Management Agencies; immunity provisions ................... HB 246
SPALDING COUNTY Board of Commissioners; compensation ..................................... HB 689 Board of Elections; define powers, duties.................................... HB 820 Business Licenses in Unincorporated Areas; continue in force ................. SB 242 Chief Magistrate; compensation ............................................ HB 819 Educational Facilities; bonds; continue in force .............................. HB 483 Fire Protection Districts; tax levy, bonds; continue in force ............. SB 241 Griffin-Spalding County Schools System; merger; continue in force ............ HB 492
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2438

JOURNAL OF THE SENATE

SPALDING COUNTY (Continued)

Ordinances and Regulations; continue authority to enact ..................... SB 240

Sales and Use Tax; bonds; continue in force................................. SB 243

State Court; judge and solicitor; elections; compensation; powers .............. HB 991

Streets, Roads Improvement; assessment of costs; continue in force ............ HB 486

Tax Commissioner; compensation........................................... HB 496

Temporary Loans; local constitutional amendment continued

HB 484

Water Districts; local constitutional amendment continued

HB 485

SPECIAL JUDICIARY COMMITTEE; Minority report on SB 177 ........ Page 452

SPEECH PATHOLOGY AND AUDIOLOGY

Licensing Act ........................................................... .HB 258

State Board; extend to 1993; physicians; hearing tests

HB 432

SPELLMAN, STEPHEN W.; South Gwinnett High School; commend ........... SR 101

ST. MARYS, CITY OF; Corporate limits ................................... HB 996

STAGGERED TAG SALES (Also See Motor Vehicles and Traffic)

License Plates; Chattahoochee County ...................................... HB 112

License Plates; Cherokee County ........................................... HB 325

License Plates; Clarke County; referendum

HB 627

License Plates; Colquitt County ........................................... HB 1093

License Plates; Coweta County ............................................. HB 813

License Plates; Fayette County............................................. SB 314

License Plates; Lee County ................................................ HB 770

License Plates; Worth County.............................................. HB 926

Registration Periods; license plates; late penalty ............................. HB 105

Registration Periods; license plates; limitations; exceptions.................... SB 164

Registration; time limit; tax penalties ....................................... HB 160

STANFORD, HENRY KING, DR.; Address General Assembly.................... SR 5

STATE AGENCIES

Administrative Services; contracts, Superior Court Judges Council............ HB 212

Boards, Commissions; members; daily expense allowance

HB 661

Internal Investigations; limit public inspection, certain reports ................. HB 48

Private Enterprise; competitive impact, joint study committee ................. SR 79

Property, Real; parties in court actions; statutory proceedings

HB 843

Public Officers and Employees; proceedings; legal fees, counsel ................. SB 47

Public Officials; General Assembly members; right to practice law ............. HB 369

Regents Board; unused facilities leased to small businesses ................... SB 268

Rules; General Assembly override powers, effective date of changes ............ SB 210

STATE BOARD OF EQUALIZATION; Property assessment; notification; ad valorem tax ........................................................... HB 611

STATE CAPITOL

Disruptive Conduct; prohibitions; weapons .................................. HB 126

Evans, Randall, Jr.; portrait in building..................................... HR 249

Napier, Viola Ross; portrait in building ....................................... SR 9

Napier, Viola Ross; portrait in building ..................................... HR 25

Park of Honor Joint Study Committee; feasibility study

SR 147

Talmadge, Herman E.; Monument; site selection study committee ............. SR 177

STATE COURTS Abolish by Local Law; merge Superior Courts; solicitors' status Adult Probation System; become part state-wide system Appeals from Judgments of Magistrate Courts; civil actions

SB 354 HB 232 SB 200

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INDEX

2439

STATE COURTS (Continued) Consolidation; committee to study Cobb County plan ........................ HR 310 Counties of 550,000; fee charged to fund enhanced services ................... SB 253 Jury Panels; civil actions; delete twelve persons provisions ...................... SB 9 Solicitors; carrying pistols in public buildings................................ HB 343 Solicitors; residency requirements .......................................... HB 377
STATE DEFENSE FORCE License Plates; issuance ................................................... SB 311 License Plates; special, free issuance ........................................ HB 347
STATE EMPLOYEES (Also See Public Officers and Employees) Conservation Ranger; wildlife technicians; retirees; retain weapon, badge ...... HB 261 District Attorneys' Investigators; health insurance benefits ..................... HB 27 Employee Assistance Program; State Personnel Board; confidentiality.......... SB 14 Handicapped Persons; severely disabled; urge employment policy............... HR 92 Health Insurance; reduction of benefits; certain accident claims ............... HB 613 Hotel-Motel Tax Exemption; traveling on official business .................... HB 563 Indemnification; emergency medical technicians, law enforcement, firemen, prison guards; death, disabled; procedures ............................................... HB 10 Injured on Duty; salary provisions, coordinate workers' compensation ........... SB 28 Insurance; health benefit plans; Senate study committee...................... SR 175 Jekyll Island-State Park Authority; insurance, retirement exclusions ........... HB 193 Law Enforcement Officers; solicitation of equipment, funds donations........ SB 189 Liability Insurance and Indemnification; clarify coverage ...................... SB 47 Merit System; classified service; on-call time compensation .................. SB 127 Merit System; overtime pay in lieu of compensatory time...................... SB 21 Merit System; personnel administration; committee to study .................. SR 204 Merit System; use of accumulated sick leave ................................ SB 124 Military Duty; compensation ............................................... HB 402 Military Duty; compensation for ordered military duty ....................... SB 182 Notaries; document certification; evidence of knowledge and contents .......... HB 618 Political Activities; participation authorized; conditions defined ................. SB 3 Probation System; retirees, 550,000 or more; health insurance ............... SB 145 Proceedings Before State Agencies, Boards; legal fees; counsel............. SB 47 Retirement System; creditable service for 'other public service'................ SB 304 Retirement System; options revocation; divorce; spouse's death................ SB 129 Retirement System; redefine prior service; military service credit ............... SB 38 Transportation Department; injured line of duty; compensation ............... SB 160 Vocational-Technical Schools; unclassified service; compensation............... HB 267 World Congress Center; deferred compensation plan ........................ HB 1035 Youth Conservation Corps; create position of director ......................... HB 82 Youth Development Centers; security personnel; retirement................. SB 178
STATE GOVERNMENT Administrative Services; contracts; Superior Court Judges Council............. HB 212 Agencies, Boards, Commissions; members; daily expense allowance ............ HB 661 Agencies; employee proceedings; legal fees, counsel ................... SB 47 Agencies; internal investigation reports; limit public inspection ................. HB 48 Agency Rules; effective date, legislative committees' objections ................ SB 210 Agrirama Development Authority; employee health insurance coverage ......... HB 897 Agrirama Development Authority; travel expense reimbursement .............. HB 303 Appropriations; general FY 1987-88. ............... .HB 226 Appropriations; nonresident indigent patient care ............................ HB 707 Appropriations; supplemental FY 1986-87 ........................ HB 225
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2440

JOURNAL OF THE SENATE

STATE GOVERNMENT (Continued)

Appropriations; supplemental FY 1986-87; certain agencies, bonds,

capital outlay............................................................. HB 2

Appropriations; supplemental; Labor Department; unemployment trust fund HB 562

Appropriations; supplementary; emergencies; voting procedure

SR 86

Art In State Buildings Program; establish; annual budget item

SB 25

Arts Development Fund; create through legislation ............................. SR 8

Attorneys; General Assembly members; right to practice law

HB 369

Attorneys; Legislative Counsel; election ..................................... HB 378

Audits; Legislative Services Committee; minutes of meetings .................. HB 387

Authorities; liability and self-insurance program

HB 662

Authorities; penal ordinances; magistrate court jurisdiction

SB 131

Bonds; amend U.S. Constitution, limit interest income taxation

SR 44

Capitol Building Grounds; Park of Honor Joint Study Committee ............. SR 147

Capitol Building, Grounds; prohibit disruptive conduct, activities.............. HB 126

Contracts; contingency payments to subcontractors........................... SB 281

Corrections Board; quorum ................................................ SB 146

Criminal Acts on Property; sovereign immunity; immunity for injuries

SB 68

Cultural Facilities; nuisances ............................................... SB 101

Debt; general obligation; libraries, water and sewer facilities .................. HB 647

Document Printing; delete certain executive branch requirements

SB 166

Employment; severely disabled persons; urge adopt policy; task force

HR 92

Foreign Language Institute; create; Industry and Trade administer

SB 291

Labor Building; designate for Albert 'Al Holloway

SR 163

Labor Department; office space; lease or rentals; funds ....................... SB 190

Law Enforcement officers; internal investigations; regulations ................. SB 153

Literacy, Governor's Task Force on Adult; study state funding ................. HR 64

Loans to Local Governments; water and sewer facilities; bonds ................ HB 647

Private Enterprise; competitive impact, joint study committee ................. SR 79

Properties Commission; citizen members; expenses; travel..................... HB 154

Public Funds; calculation of amount of security by depositories ............... SB 104

Public Funds; depositories; surety bonds, pledged security amount

SB 105

Public Official Directory; Secretary of State publish annually .................. SB 57

Public Property; parties in court actions; special statutory proceedings......... HB 843

Public Records; limit inspection; research records of colleges .................. HB 804

Revenue Bills; raise or reduce, legislation originate either house ................. SR 6

Rural Economic Development Law; enact; Community Affairs Department

SB 191

Rural Economic Development; state-wide plan; define state agencies

HB 148

Talmadge Monument; site selection study committee

SR 177

War Veterans Cemetery; establish

SB 359

Water Quality; construction grants; urge Congress reauthorize.................. HR 69

World Congress Center; contracts with local governments; employee tax plan HB 1035

STATE PATROL (Also See Public Safety Department or Law Enforcement) Honoring 50th Anniversary ................................................ SR 195 Unmarked Pursuit Vehicles; Public Safety Training Center .......... HB 294

STATE PROPERTIES COMMISSION (Also See Property Conveyances) Citizen Members; expense allowance, travel cost reimbursement............... HB 154 Labor Department Offices; authorize lease or rentals; funds ................... SB 190 Underground Atlanta Project; property lease agreements ...................... SR 45

STATESBORO, CITY OF; New charter; corporate limits

HB 880

STEPHENS COUNTY SCHOOL SUPERINTENDENT; Appointment; referendum............................................................... HB 449

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INDEX

2441

STEPHENS, CLAY, REVEREND; Commend ................................. SR 155

STONE MOUNTAIN JUDICIAL CIRCUIT; Superior court judges salary supplement ........................................................ HB 917

STONE MOUNTAIN MEMORIAL ASSOCIATION; Alcoholic beverage sales..................................................................... HB 810

STUDY COMMITTEES (See Committees, Study)

SUGAR HILL, CITY OF; Homestead exemption; ad valorem tax; continue in force ........................................................................ HB 1100

SUMMERVILLE, CITY OF; Corporate limits ............................. HB 1002

SUMTER COUNTY: Americus-Sumter Payroll Development Authority; continue .................................................................. HB 64

SUNSET LAWS

Geologists, State Board of Registration; termination date 1993 ................ HB 383

Librarians, State Certification Board; extend to 1993 ......................... HB 310

Private Detective and Security Agencies, State Board; extend to 1993

HB 493

Speech Pathology and Audiology, State Board; extend to 1993 ................ HB 432

State Board of Polygraph Examiners; extend to 1993......................... HB 583

SUPERIOR COURTS (Also See Courts or Judicial Circuits)

Abolition of State Courts by Local Law; mergers; solicitors ................... SB 354

Appalachian Judicial Circuit; additional judge ............................... SB 334

Appeals; final orders of Human Resources Department; jury trials ............. SB 321

Appeals from Judgments of Magistrate Courts; civil actions................... SB 200

Appeals; workers' compensation claims...................................... SB 132

Arbitration Applications; venue; revise authority .............................. SB 73

Arbitration; claims for damages; medical malpractice; procedures

... SB 374

Augusta Judicial Circuit; judges; salary supplement; Burke County

HB 754

Augusta Judicial Circuit; judges supplement; Columbia County................ HB 974

Augusta Judicial Circuit; terms for Burke County............................ HB 755

Bail; jurisdiction; drug trafficking; child molestation; appeals .................. HB 776

Brunswick Judicial Circuit; additional judge ................................. HB 271

Burial Places; issue permits for disturbing................................... HB 949

Child Abuse Protocal; committees; reports .................................. HB 913

Circuit Grand and Trial Juries; death penalty; drug cases .................... SB 149

Clerks; authority to make certain personnel decisions ...... SB 56

Clerks; compensation supplements by counties; prohibitions ................... SB 55

Clerks; fees; divorce cases; levy for State Children's Trust Fund............... SB 159

Clerks; fees from civil actions in magistrate courts ............................ HB 16

Clerks; filing fees charged rural telephone cooperatives ........................ HB 21

Clerks; filing fees; incorporation articles; Code cross reference .................. HB 28

Clerks; mechanic's and materialman's liens on real estate; release ............. HB 713

Clerks' Retirement Fund; increase benefits; disability provisions ................. SB 7

Clerks; vacancies; interim appointments ..................................... SB 170

Cobb Judicial Circuit; additional judge...................................... SB 339

Cobb Judicial Circuit; judges; salary supplement............................. SB 233

Consolidation; committee to study Cobb County plan ........................ HR 310

Douglas Judicial Circuit; change court term .................................. SB 59

Electors Certified List; filing requirement repealed ........................... HB 190

Griffin Judicial Circuit; additional judge .................................... HB 182

Griffin Judicial Circuit; additional judge; jury impanelment ................... SB 258

Gwinnett Judicial Circuit; additional judge ................................... SB 32

Gwinnett Judicial Circuit; create fifth judgeship .............................. HB 44

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2442

JOURNAL OF THE SENATE

SUPERIOR COURTS (Continued)

Habeas Corpus Clerk for Certain Judicial Circuits; number of writs ........... SB 388

Judges and Senior Judges; expenses; reimbursement; audit reports ............ SB 355

Judges Council; Administrative Services Contracts ........................... HB 212

Judges; election by judicial circuit electors ................................... HB 25

Judges; law libraries; court funding fees..................................... HB 338

Judges; retirement; senior judges; creditable service; spouses .................. SB 322

Judges; senior judges; expenses; meetings, judicial education .............. HB 877

Judicial College; supplemental appropriations for judges ........................ HB 2

Juvenile Capital Crimes; original jurisdiction; procedures ..................... SB 148

Landfills; deed records; construction permits recordings

............... SB 175

Liens; filing; Superfund Amendments and Reauthorization Act ................ SB 366

Northeastern Judicial Circuit; change term .................................. SB 219

Northern Judicial Circuit; judges; salary supplements

................ HB 795

Ocmulgee Judicial Circuit; change Hancock County terms ...................... SB 4

Ocmulgee Judicial Circuit; Wilkinson County Superior Court; terms ........... SB 23

Southern Judicial Circuit; supplement to judge's compensation ............... HB 304

Stone Mountain Judicial Circuit; judges salary supplement ................... HB 917

Tallapoosa Judicial Circuit; change dates of court terms ........................ HB 3

Western Judicial Circuit; supplementary compensation for judges ............. HB 590

SUPREME COURT Capital Felony Cases; appeals, pretrial review; terms; preclusions .......... SB 100 Consist of seven justices .................................................... HB 19 Investigative Grand Juries Empanelment; special trial districts ................. SR 22 Senior Justice and Senior Judge; create offices............................... HB 614

SUWANEE, CITY OF; New charter .................................... .HB 731

SWINDALL, PAT; Fourth district congressman, introduction and remarks .... Page 1597

TALBOT COUNTY; Board of commissioners; compensation ................ .HB 1104
TALBOT, REVEREND FREDERICK HILBORN; AME Church Bishop, remarks ................................................................ Page 935
TALIAFERRO COUNTY A. H. Stephens State Park; convey power line to Georgia Power Company ..... HR 101 Board of Commissioners; chairman; road superintendent...................... HB 914
TALLAPOOSA JUDICIAL CIRCUIT; Superior Court; change terms in Haralson, Paulding, Polk Counties ......................................... HB 3
TALMADGE, HERMAN E.; Monument site selection study committee ....... SR 177
TATE, SENATOR HORACE; Excused during illness ...................... Page 183
TATE, VIRGINIA C. BARNETT; Commend.......................... SR 231
TATTOOING ON PERSONS UNDER 16 PROHIBITED; Penalty ......... SB 112
TAX COLLECTORS, COMMISSIONERS Compensation; supplements by counties; prohibitions. ......................... SB 55 County Vacancies; interim appointments .................................... SB 170 Employees; authority to make certain personnel decisions ..................... SB 56 Intangible Recording Tax; security instruments; maximum limits .............. HB 908
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INDEX

2443

TAX COLLECTORS, COMMISSIONERS (Continued)

Lock Box System; tax payments; contracts

HB 698

Minimum Salaries ........................................................ HB 461

Office Records; certain material subject to public inspection

HB 121

Tax Executions; advertisement costs; payment provisions ..................... HB 439

Tax Executions; levy county administration fee

HB 559

Tax Executions; procedures; judgment actions against nonresidents

HB 188

TAXATION (See Revenue and Taxation)

TAXICABS, LIMOUSINES; Registration exceptions; municipal regulation; limits.......................................................... HB 743

TAYLOR COUNTY Board of Commissioners; districts .......................................... SB 297 Chief Magistrate; probate court judge serve; constable........................ SB 172

TEACHER OF THE YEAR; Eliot Wigginton; recognize ........................ SR 100

TEACHERS

Certification; testing programs; joint study committee

HR 219

Contracts; rights; nonrenewal; demotion; review; school mergers ............... SB 231

Employment; encourage faculty representation of minority students

SR 154

Ethics Code and Grievance Procedures; study committee ..................... SR 158

Medical; licensure; malpractice investigations ................................ SB 286

TEACHERS RETIREMENT Attendance Officers; membership ........................................... SB 228 Beneficiary; death of; designation options; married members .................. SB 364 Contributions; accumulated; employers; membership retention................. HB 277 Creditable Service; allowance on service retirement .......................... SB 167 Early Retirement Application; 30-year service ............................... SB 249 Military Service Credit; requirements; limitations ............................ SB 383 Peace Corps; teaching service credit ........................................ SB 246 School Security Personnel; membership ..................................... SB 370 Sick Leave; creditable service accumulation provisions........................ SB 161 Vocational-Technical Schools; postsecondary................................. HB 267

TED TURNER AND WTBS SUPERSTATION; Commend ...... SR 137

TELEPHONES, TELEGRAPH SERVICE

Emergency Telephone Number '911' Service; maintenance fees

HB 218

Rural Telephone Cooperatives; incorporation filing fees ........................ HB 21

Telecommunications, Electronic Media; regulate degree-granting institutions HB 815

Telemarking; regulate automatic dialing, announcing equipment................ HB 43

Telephone; automatic dial, recorded messages; regulate, permits ................ SB 17

TELEVISION Cable TV Service; multi-unit dwellings; subscriber complaints ........ SB 16 Libel Actions; defamatory statements; evidence; retractions; damages .......... SB 343

TENNESSEE VALLEY RAILROAD MUSUEM; Property Coveyance ...... .HR 252

TENNESSEE; Nonresident commercial fishing license; fees................... HB 1010

TEXTILE AND APPAREL INDUSTRY; Carpet Exposition Centers; exclude from cer tain grants .............................................................. HB 1036

THAXTON, ELISE: National 4-H Champion; commend ........................ SR 54

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2444

JOURNAL OF THE SENATE

THEATERS AND MOTION PICTURES Motion Pictures Association; commend for movie rating system ........... Pandering; unlawful simulate performance of sexual intercourse ............. Video Movies; motion picture ratings; display on cover required...........

SR 234 SB 54 HB 198

THOMAS, LINDSAY; Fourth district congressman; introduction and remarks. . Page 141

THOMASVILLE, CITY OF Board of Commissioners; composition; elections; districts ..................... HB 574 Board of Education; composition; elections; districts ......................... HB 573

THUNDERBOLT, CITY OF Clerk and Ex-officio Treasurer; abolish office ..................... HB 410 Mayor and Aldermen; compensation ........................................ HB 411

TIFT COUNTY Board of Education; school superintendent; continue in force ................. HB 406 Development Authority; continue in force ................................... HB 407 Development Authority; taxation, continue in force ......................... .HB 408

TIFTON, CITY OF Homestead Exemption; ad valorem taxes; referendum ........................ HB 150 Municipal Court; change name from Recorder's Court; fines .................. HB 149

TIME-SHARE ACT; Promotional giveaway contests; regulation; advertising .... HB 201

TIMMONS, SENATOR JIMMY HODGE; Excused

Page 859

TOBACCO PRODUCTS Prohibit Sales to; purchases by minors...................................... SB 110 Sales to Minors; purchase by minors; signs; vending machines................ HB 142 Selling, Furnishing to or Purchase by Minors; prohibit ..................... SB 116 Smoking, Effects of; require public school health course ....................... SB 66

TOBIN, JACK; Florida House of Representatives, introduction and remarks .. Page 1581

TOOMBS COUNTY; Board of Education; elections; composition; districts; compensation............................................................ HB 1135

TORTS
Boiler and Pressure Vessel Safety Act; limit liability of State ................ HB 132 Corporate Officers, Directors; liability limits; indemnification .................. SB 302 Corporate Officers, Directors; liability limits; standards of care;
expense advancement; indemnification .................................... HB 209 Immunity from liability and Awards for Damages; change provisions. ............ SB 1 Immunity from Liability; members, directors, officers of nonprofit,
charitable hospitals or organizations; local governmental entities. ............ SB 113 Independent Contractors; liability of employers; conditions ................... SB 207 Libel Actions; radio or television broadcasts; evidence; retractions ............. SB 343 Limitation of Liability; reporting minors' drug abuse ....................... SB 121 Malpractice; summary judgments; affidavit of conduct; motions ............... SB 347 Manufacturers; product liability; complied federal standards .................. SB 307 Medical Malpractice Reform Act of 1987..................................... SB 2 Medical Malpractice; recovery for claims; arbitration procedures. ........... SB 374 Medical Students; tort immunity; certain conditions.......................... HB 759 Motor Vehicles; liability; pleading of damages for economic loss ................ SB 31 Nonprofit Athletic Programs; liability limitations; definitions................ SB 50 Nonprofit Organization; limit liability; food donors, gleaners ................... HB 73 Political Subdivision Property; criminal acts; immunity for injuries ............. SB 68 Product Liability; negligence claims, ten-year first sale limit ................... HB 29

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INDEX

2445

TORTS (Continued) Product Liability; product sellers not liable as manufacturers ................. SB 140 Tort Reform Act of 1987; immunity; collateral sources; punitive damages; product liability; new trials; apportionment of damages ....................... HB 1 Tort Reform; immunity from liability; damage awards; amend provisions......... SB 1 Wrongful Death; homicide of a child; judgments; apportionment .............. HB 203 Wrongful Death of Parent; child may bring action ........................... SB 259

TOWNS COUNTY; Commissioner; compensation ............................ SB 389

TOWNSEND, JIMMY; Georgia author; commend ............................. SR 141

TRADEMARKS, SERVICE MARKS; Registration filing fees ................ HB 222

TRAFFIC OFFENSES Court Clerks; fees for conviction reports; disbursement of fines................. HB 68 Court Clerks; transmittal fees for conviction reports.......................... SB 173 Trial by Jury; limit withdrawal of waiver .................................... HB 30 Unlawful Flight; felony if involve other elements. ............................ SB 150

TRAFFIC (See Motor Vehicles and Traffic)

TRANSPORTATION BOARD, STATE Election of Frank Morast, Jr. ......................................... Pages 90, 91 Election of William Evans, Sr. ............................................ Page 90

TRANSPORTATION (Also See Highways or Public Utilities and Transportation)

Boats; Vehicles transporting; length permits ................................. HB 445

Committee; study safety; ports; developmental highways; contracts ............ SR 200

Department; employees injured line of duty; compensation.................... SB 160

Designate; bridge for C.W. Bradley, Holly Creek, Murray County ....... SR 12

Designate; bridge in Muscogee County for Joseph Wilson Smith................ HR 61

Designate; Flat Shoals Parkway in DeKalb County........................... HR 188

Designate; Homer Chance Highway; State Highway 358, Twiggs County ........ HR 96

Designate; J.R. Alien Parkway; State Route 22 Spur in Columbus .............. HR 62

Eminent Domain Proceedings; payment of expenses; attorney's fees ........... HB 436

Forest Products; transporting; enforcement motor carrier safety rules .......... HB 859

Highway Development; property acquisition for roads; define ................ .HB 170

MARTA; authorize certain revenue to construct Phases D and E.............. HB 243

MARTOC; advertising notice expenses; editorial revisions. .................... .HR 53

Motor Carriers; enforcement; Public Service Commission safety rules .......... SB 358

Motor Carriers; subject municipal regulation; registration ..................... HB 743

Property Acquisition; future road improvement; authority to acquire. .......... SB 118

Redevelopment Areas; impaired by noise, environmental factors ............... HB 561

Road Construction; contingency payments to subcontractors .................. SB 281

Speed Limits; maximum 65 MPH any highway; speed zones certain vehicles HB 652

Traffic Lanes; trucks and other vehicles; minimum speeds .................... HB 399

Truck Tractor and Semitrailers; 65 feet load lengths ......................... SB 335

Trucks; dump or transit mixer vehicles; definitions........................... HB 292

Trucks; length limitations; roadway designations; highway signs ............... SB 368

Trucks; traffic lanes; vehicles equipped more than six wheels.................. HB 399

Trucks; weight, dimension limits; county roads; designate roadways............ SB 357

Trucks; weight limitations; triaxle, tandem axle......................

SB 360

TRENTON, CITY OF; New charter; reincorporate ........................... SB 185

TROUP COUNTY Board of Education; compensation.......................................... HB 366 Board of Elections and Registration; create.................................. HB 539

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2446

JOURNAL OF THE SENATE

TROUP COUNTY (Continued) Business Licenses; fees; continue in force ................................... SB 337 Development Authority; continue in force ................................... SB 226

TRUCKS

Boats; vehicles transporting; length permits ................................. HB 445

Forest Products; comply motor carrier vehicle safety rules .................... HB 859

Length Limitations; tractor-trailers; roadway designation; signs................ SB 368

Motor Carriers; safety rules; Transportation Department enforcement

SB 358

Tractor and Semitrailers; 65 feet load lengths ............................... SB 335

Tractor-Semitrailers; length limitations; roadway designations

HB 170

Traffic Lanes; vehicles equipped more than six wheels........................ HB 399

Utility Trailers; special license plates ....................................... HB 160

Van-Type Vehicles; transport passengers for hire; license fees

HB 162

Weight, Dimension Limits; county road systems; designate roadways........... SB 357

Weight Limitations; triaxle; tandem axle; agree federal definition .............. SB 360

TUNNEL HILL, CITY OF; New charter; referendum ........................ HB 750

TURNER COUNTY DEVELOPMENT AUTHORITY; Continue in force HB 1017

TURNER, SENATOR LOYCE; Excused ............................ Pages 771, 832

TWIGGS COUNTY; Designate Homer Chance Highway; State Highway 358..... HR 96

TYBEE ISLAND; Property conveyance; easement for fishing pier and pavilion . HR 99

TYRONE, TOWN OF; Mayor Pro Tern; term; mayor and council; vacancies HB 1081

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U.S. GOVERNMENT (See Federal Government or Congress)

UNEMPLOYMENT COMPENSATION (See Employment Security or Labor)

UNFAIR BUSINESS PRACTICES (See Fair Business Practices)

UNIFORM COMMERCIAL CODE; Security interests; liens; foreclosure; execution procedures; forms................................................ SB 366

UNIONS AND LABOR RELATIONS; Group insurance requirements........ SB 361

UNIVERSITY OF GEORGIA

Browne, E. Broadus, Dr.; condolences....................................... SR 122

Davison, Fred C., Dr.; former college president; commend .................... SR 217

Knapp, Charles B., Dr.; welcome new UGA President

....... SR 123

Stanford, Henry King, Dr.; address General Assembly .......................... SR 5

UNIVERSITY SYSTEM (Also See Colleges or Education or Regents Board) Academic Recognition Day; commend scholars ................................ SR 46 Lease of Unused Facilities; authorized for economic development.............. SB 268 Leases; laboratory, research facilities to small businesses ................. SB 267 Research Records; limit inspection; trade secrets ............................. HB 804

UPSON COUNTY; Board of Education; temporary additional member......... HB 994

URBAN AND COUNTY AFFAIRS COMMITTEE; Senator Tolleson act as Chairman ................................................... Pages 828, 884

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INDEX

2447

URBAN REDEVELOPMENT
Contracts; limitations; time period; cities not less than 400,000 ................ SB 263 Contracts; municipality of 400,000 .................... SB 85

URBAN RESIDENTIAL FINANCE AUTHORITY

Bonds; Georgia allocation system ........................................... HB 619

Bonds; powers; loans; housing; large municipalities

SB 83

USED CAR DEALERS, DISMANTLERS, SALVAGE

Certificate of Title; inspections by certain law enforcement agencies.

HB 380

Motor Vehicle Certificate of Title; inspections; title bonds

HB 159

Retail Consumer Transactions; deceptive practices unlawful

SB 257

State Board of Registration; rules, regulations; seminars ...................... HB 576

UTILITIES (See Public Utilities and Transportation)

VALDOSTA HIGH SCHOOL FOOTBALL TEAM; Commend ................... SR 37

VALDOSTA, CITY OF Corporate Limits ......................................................... HB 892 Valdosta-Lowndes County Airport Authority; establish ....................... HB 893

VENERAL DISEASES (Also See AIDS or Health)

AIDS; Human Resources Task Force; legislative review committee

HR 166

AIDS; sexually transmissible diseases; tests; treatment; disclosure ............. HB 107

VETERANS AFFAIRS (Also See Military Affairs)

Employees' Retirement System; military service credit;

limitations .............................................................. SB 38

Motor Vehicle License Plates; POW civilians; Pearl Harbor veterans........... HB 347

Sloppy Floyd Veterans Building; Medal of Honor recipients; display

HR 349

War Veterans Cemetery; establish; restrictions for interment.................. SB 359

War Veterans Home; designate Joel E. Scott building ........................ HR 298

VETERANS; Teachers Retirement System; military service credit; requirements SB 383

VETERINARIANS; Immunity from liability; certain free medical care ........... SB 1

VETOES BY GOVERNOR; 1986 and 1987 sessions................ Pages 23, 25, 1088

VICTIMS OF CRIME Juveniles; statute of limitations; felony criminal prosecution ................... HB 33 Notification; inmate release; study committee................................ SR 152 Rights; procedures in criminal investigations ................................ SR 138

VIDALIA, CITY OF; Board of Education; elections .......................... HB 468

VIDEO MOVIES

Child Pornography; possession unlawful; definitions ........................... SB 67

Harmful Materials; dissemination to minors; parental consent

HB 197

Pandering; unlawful simulate performance of sexual intercourse ................ SB 54

Ratings; require display on cover; penalties.................................. HB 198

Sexual Exploitation of Children; penalties; visual materials ................... HB 454

VIDEO RECORDINGS; Court depositions; recording or video taping procedure ................................................................. SB 46

VILLA RICA HIGH SCHOOL FOOTBALL TEAM; Commend .................. SR 24

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2448

JOURNAL OF THE SENATE

VITAL RECORDS; Death certificates; physician's assistants sign, certain cases .................................................................... SB 260

VOTER REGISTRATION

Electors Certified List; riling clerk of superior court repealed.................. HB 190

Jury Lists; selection; placement of all registered voters' names ................ SB 346

Registrars; license examiners; Public Safety facilities ......................... SB 365

Registrars; salaries; absentee ballots; write-ins; elector lists

......... SB 13

Voter's Certificates; elector's current address ................................ HB 185

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WALKER COUNTY

Coroner; compensation .................................................... HB 766

Probate Court; personnel; compensation..................................... HB 691

State Court; secretary .................................................... HB 1127

Superior Court Clerk; personnel; compensation .............................. HB 690

Tax Commission Office; personnel; compensation

HB 692

WALKER, SENATOR GENE; Excused ........................... Pages 1067, 1262

WALTON COUNTY Board of Education; one school district; continue in force..................... HB 866 Walton County Water and Sewerage Authority; create........................ HB 865

WAR VETERANS CEMETERY; Establish ............... SB 359

WAR VETERANS NURSING HOME; Designate Joel E. Scott Building...... HR 298

WARE COUNTY; State court; judge and solicitor; compensation .............. HB 709

WARNER ROBINS; Rainbow House; commend ............................... SR 241

WARNER ROBINS, CITY OF Development Authority; continue in force ................................... HB 946 Mayor and Council; composition; terms; oaths; vacancies ..................... HB 293

WASHINGTON-WILKES HIGH SCHOOL FOOTBALL TEAM; Commend . .... SR 116

WASHINGTON-WILKES PAYROLL DEVELOPMENT AUTHORITY; Continue in force ................................ HB 490

WASTE MANAGEMENT Construction Activity Prohibited on Abandoned Landfills; enact............... SB 175 Counties; capital outlay projects; special purpose sales tax .................... HB 479 Environmental Facilities Authority; general obligation bonds; loans ............ HB 647 Garbage; dumping across county lines unlawful; penalty; exception ............. SB 33 Hazardous Materials Discharge; assist in reducing damages; immunity ......... SB 136 Landfills; solid waste handling and disposal, study committee ................. HR 189

WATERFOWL STAMPS; Create special fund ............ HB 326

WATERS, PORTS AND WATERCRAFT
Boats; accident reports; numbering; flotation devices; engine exhaust .......... HB 239 Boats; marine toilets; water pollution regulations; prohibitions ................ HB 308 Juvenile Waterways OfFenses; penalties; court jurisdiction..................... SB 147 Lake Hartwell; boating safety zone; boat traffic rules ......................... HB 239 Water Quality Act; marine sanitation; urge Congress reauthorize ............... HR 69 Waterfowl Stamp Fund; establish .......................................... HB 326

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WATERS, SUSAN; National 4-H champion; commend .......................... SR 58

WAYCROSS, CITY OF

Board of Education; elections; districts; terms; referendum................... HB 1028

Industry Promotion Tax; continue in force .................................. HB 570

Mayor; office created; elections; referendum

HB 1126

Property Conveyance; water service facilities easement

HR 133

WAYNE COUNTY

Board of Education; elections; continue in force ............................. HB 938

County Administrator; continue in force .................................... HB 939

Industrial Development Authority; continue in force

HB 940

WEAPONS (See Firearms or Courts)

WELFARE (See Social Services or Human Resources or Medical Assistance)

WELLS, DORLAN PATRICK; Compensate ................................ HR 218

WEST POINT, CITY OF

Bonded Indebtedness; flood protection; continue in force

SB 338

Development Authority; continue in force ................................... SB 225

Downtown Development Authority; continue in force ......................... SB 224

WEST, ADAM AND BURT WARD; Television Batman and Robin characters, remarks................................................................. Page 937

WESTERN JUDICIAL CIRCUIT; Superior court; judges supplementary compensation............................................................. HB 590

WESTWOOD HIGH SCHOOL BOYS BASKETBALL TEAM; Commend

SR 214

WHITE COUNTY; Board of Commissioners; recreate........................ HB 1113

WHITE, CITY OF; Mayor and Aldermen; elections, terms, vacancies........... HB 854

WHITFIELD COUNTY

Board of Education; school superintendent; elections; continue

HB 682

Coroner; compensation; deputy coroner appointment ......................... SB 381

Homestead Exemption; continue in force.................................... HB 684

WIGGINTON, ELIOT; Georgia Teacher of Year; commend

SR 100

WIGHT NURSERIES, INC., GRADY COUNTY; Commend .................... SR 108

WILCOX COUNTY; Board of Education; elections; continue in force

HB 361

WILDER, WILLIAM E.; Compensate ...................................... HR 265

WILKERSON, TAMMY; National 4-H Champion; commend .................... SR 53

WILKES COUNTY; Washington-Wilkes Payroll Development Authority; continue in force .................................................................... HB 490

WILKINSON COUNTY; Ocmulgee Judicial Circuit; change terms ............. SB 23

WILLACOOCHEE, CITY OF; Mayor and aldermen; terms; qualifications

HB 744

WILLIAMS, JULIAN DAVID AND MRS.; Congratulate ....................... SR 146

WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES

Administrators; aliens; residency requirements ................................ HB 55

County Administrators; qualification; residency; fees

HB 497

Estate Taxes; revise Code; incorporate federal law provisions

HB 87

Estates; foreign wills; executor inventory requirements ....................... HB 598

Illegitimate Children; inheriting from father; procedure

HB 498

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2450

JOURNAL OF THE SENATE

WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (Continued)

Living Wills; revocation provision clarified ................................... HB 18

Probate Courts; settlement agreements; trustees; jurisdiction .................. SB 275

Wills; marital deduction, procedures ........................................ SB 255

Year's Support; property conveyance, encumbrance by surviving spouse

HB 729

WINDER, CITY OF; Corporate powers; mayor and council; elections; terms: wards .................................................................... HB 828

WINE (See Alcoholic Beverages)

WITNESSES; Witness fees; arson investigators...................... SB 264

WOODSTOCK, CITY OF; Mayor; term; limitation on terms.................. SB 350

WORKERS' COMPENSATION

Counties; governing authority members; coverage ............................ HB 342

Guardians of Incapacitated Adults; appointment by state board ............... SB 187

Guardians of Minors, Incompetent Claimants; authority ...................... SB 188

Independent Contractors .................................................. HB 557

Independent Contractors; exclusions; products for resale, delivery .............. SB 40

Local Public Authorities; self-insurance funds; excess insurance ............... HB 245

Occupational diseases ..................................................... SB 133

Partial Dependents Termination; appeals; employer liability; payment of

income benefits; insurers' offices and agents ............................... SB 132

Rehabilitation; committee to study services.................................. SR 196

State Board; expenses; repealed medical review board ........................ SB 133

State Board; review medical, rehabilitation expenses; disputes................. SB 312

State Employees; injured on duty, salary, coordinate benefits .................. SB 28

Subsequent Injury Trust Fund; reimbursements; limitations; review

SB 312

Trade or Professional Associations; group self-insurance funds ................ HB 557

WORLD CONGRESS CENTER Contracts; services for commerce, trade facilities to local authorities; employees; tax-deferred compensation plan ............................... HB 1035

WORTH COUNTY Board of Commissioners; chairman; compensation ............................ HB 929 Development Authority; continue in force ................................... HB 928 Motor Vehicle Registration; staggered tag sales .............................. HB 926

WRAY, THOMAS DOWDEN; Compensate .................................. HR 58

WRIGHT, DEVIN; National 4-H Champion; commend..... SR 52

WTBS SUPERSTATION AND TED TURNER; Commend .................... SR 137

YEAR'S SUPPORT; Property; conveyance, encumbrance by surviving spouse; judge approval .................................................... HB 729
YOUNG, HONORABLE ANDREW; Mayor of Atlanta, remarks. .............. Page 424 YOUTH ART MONTH; Encourage observance in March...... SR 151 YOUTH CONSERVATION CORPS; Create within Natural Resources......... HB 82
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INDEX

2451

YOUTH DEVELOPMENT CENTERS

Juvenile Justice Coordinating Council; alternatives to detention

SB 162

Security Personnel; Peace Officers' Benefit Fund

SB 178

Senate Study Committee; authorize advisory committee ...................... SR 170

ZONING (Also See Property)

Day Care Facilities, Small Group; public hearings on location of

SB 114

Land Use Information System Joint Study Committee ........................ SR 92

Redevelopment Powers; additional impaired areas

HB 561

Rezoning; disclosure; financial interest, local officials ......................... HB 113

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