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 JOURNAL OF THE SENATE 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. 1156 JOURNAL OF THE SENATE 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. 1158 JOURNAL OF THE SENATE 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- 1160 JOURNAL OF THE SENATE 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 1162 JOURNAL OF THE SENATE 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 1164 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. 1166 JOURNAL OF THE SENATE 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 1168 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 1176 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 1178 JOURNAL OF THE SENATE 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; 1180 JOURNAL OF THE SENATE (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 1182 JOURNAL OF THE SENATE 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; 1184 JOURNAL OF THE SENATE 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 _?' 1186 JOURNAL OF THE SENATE (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. THURSDAY, FEBRUARY 26, 1987 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 1188 JOURNAL OF THE SENATE 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. THURSDAY, FEBRUARY 26, 1987 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 1190 JOURNAL OF THE SENATE 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 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. 1212 JOURNAL OF THE SENATE 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. 1214 JOURNAL OF THE SENATE The report of the committee, which was favorable to the adoption of the resolution, was agreed to. The resolution, involving an appropriation, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Baldwin Barker Barnes Bowen 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 1216 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. 1218 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. 1220 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. 1224 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. 1226 JOURNAL OF THE SENATE 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: 1228 JOURNAL OF THE SENATE 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. 1230 JOURNAL OF THE SENATE 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 1232 JOURNAL OF THE SENATE 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 1234 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. 1236 JOURNAL OF THE SENATE 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 1237 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. 1238 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, 1240 JOURNAL OF THE SENATE 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 MONDAY, MARCH 2, 1987 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 1242 JOURNAL OF THE SENATE 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. MONDAY, MARCH 2, 1987 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. 1244 JOURNAL OF THE SENATE 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, MONDAY, MARCH 2, 1987 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 1246 JOURNAL OF THE SENATE 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. MONDAY, MARCH 2, 1987 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 1248 JOURNAL OF THE SENATE 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- 1250 JOURNAL OF THE SENATE 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 MONDAY, MARCH 2, 1987 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". 1252 JOURNAL OF THE SENATE 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 1253 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 1254 JOURNAL OF THE SENATE 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; MONDAY, MARCH 2, 1987 1255 (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 1256 JOURNAL OF THE SENATE 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. MONDAY, MARCH 2, 1987 1257 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 1258 JOURNAL OF THE SENATE 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; MONDAY, MARCH 2, 1987 1259 (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; 1260 JOURNAL OF THE SENATE (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 MONDAY, MARCH 2, 1987 1261 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 1262 JOURNAL OF THE SENATE 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. MONDAY, MARCH 2, 1987 1263 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. 1264 JOURNAL 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 report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage 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) 1266 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 1268 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 1270 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. 1274 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 JOURNAL OF THE SENATE 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. MONDAY, MARCH 2, 1987 1281 The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the 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. 1282 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 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. MONDAY, MARCH 2, 1987 1283 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. 1284 JOURNAL OF THE SENATE 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. MONDAY, MARCH 2, 1987 1285 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 1286 JOURNAL OF THE SENATE 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 MONDAY, MARCH 2, 1987 1287 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 1288 JOURNAL OF THE SENATE 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- MONDAY, MARCH 2, 1987 1289 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 1290 JOURNAL OF THE SENATE 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- MONDAY, MARCH 2, 1987 1291 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 1292 JOURNAL OF THE SENATE 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 MONDAY, MARCH 2, 1987 1293 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 1294 JOURNAL OF THE SENATE 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 MONDAY, MARCH 2, 1987 1295 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 1296 JOURNAL OF THE SENATE 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 MONDAY, MARCH 2, 1987 1297 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),". 1298 JOURNAL OF THE SENATE 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: MONDAY, MARCH 2, 1987 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. 1300 JOURNAL OF THE SENATE 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- 1302 JOURNAL OF THE SENATE 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 MONDAY, MARCH 2, 1987 1303 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. 1304 JOURNAL OF THE SENATE 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. MONDAY, MARCH 2, 1987 1305 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. 1306 JOURNAL OF THE SENATE 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 MONDAY, MARCH 2, 1987 1307 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. 1308 JOURNAL OF THE SENATE 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. TUESDAY, MARCH 3, 1987 1309 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 1310 JOURNAL OF THE SENATE 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. TUESDAY, MARCH 3, 1987 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. 1312 JOURNAL OF THE SENATE 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. TUESDAY, MARCH 3, 1987 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. 1314 JOURNAL OF THE SENATE 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. TUESDAY, MARCH 3, 1987 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. 1316 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 1318 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 TUESDAY, MARCH 3, 1987 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. 1320 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. 1322 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 TUESDAY, MARCH 3, 1987 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. 1324 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 1326 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. 1328 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 1330 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. 1344 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 1346 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 1352 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: 1354 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. 1356 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- 1358 JOURNAL OF THE SENATE 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, 1360 JOURNAL OF THE SENATE 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 TUESDAY, MARCH 3, 1987 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 1362 JOURNAL OF THE SENATE 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. WEDNESDAY, MARCH 4, 1987 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. 1364 JOURNAL OF THE SENATE The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House and Senate: HB 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. 1366 JOURNAL OF THE SENATE 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. 1368 JOURNAL OP THE SENATE 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. 1370 JOURNAL OF THE SENATE 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 1372 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. 1374 JOURNAL OF THE SENATE 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. 1376 JOURNAL OF THE SENATE 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. 1378 JOURNAL OF THE SENATE 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 1380 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. 1382 JOURNAL OF THE SENATE 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 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. 1404 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. 1406 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- 1408 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.' " 1410 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 WEDNESDAY, MARCH 4, 1987 1411 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 1412 JOURNAL OF THE SENATE 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. WEDNESDAY, MARCH 4, 1987 1413 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 1414 JOURNAL OF THE SENATE 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. WEDNESDAY, MARCH 4, 1987 1415 The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the 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: 1416 JOURNAL OF THE SENATE 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. 1418 JOURNAL OF THE SENATE 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. THURSDAY, MARCH 5, 1987 1419 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. 1420 JOURNAL OF THE SENATE 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. THURSDAY, MARCH 5, 1987 1421 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 1422 JOURNAL OF THE SENATE 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. 1424 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- THURSDAY, MARCH 5, 1987 1425 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. 1426 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 THURSDAY, MARCH 5, 1987 1427 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. 1428 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. THURSDAY, MARCH 5, 1987 1429 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. 1430 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: THURSDAY, MARCH 5, 1987 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. 1432 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. 1434 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 1435 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. 1436 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 1438 JOURNAL OF THE SENATE 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. THURSDAY, MARCH 5, 1987 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 1440 JOURNAL OF THE SENATE 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 1442 JOURNAL OF THE SENATE 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 1444 JOURNAL OF THE SENATE 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) THURSDAY, MARCH 5, 1987 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 1446 JOURNAL OF THE SENATE 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: 1448 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. 1450 JOURNAL OF THE SENATE 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'rraaddnnttrraacts .............................. $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 1486 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 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. 1488 JOURNAL OF THE SENATE 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 1490 JOURNAL OF THE SENATE 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. 1492 JOURNAL OF THE SENATE 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- 1494 JOURNAL OF THE SENATE 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. 1496 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. 1498 JOURNAL OF THE SENATE 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- 1500 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. THURSDAY, MARCH 5, 1987 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. 1502 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 1504 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. 1506 JOURNAL OF THE SENATE The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage: HB 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. 1508 JOURNAL OF THE SENATE (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 THURSDAY, MARCH 5, 1987 1509 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. 1510 JOURNAL OF THE SENATE (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 THURSDAY, MARCH 5, 1987 1511 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 1512 JOURNAL OF THE SENATE 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 THURSDAY, MARCH 5, 1987 1513 (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; 1514 JOURNAL OF THE SENATE (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- THURSDAY, MARCH 5, 1987 1515 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 1516 JOURNAL OF THE SENATE 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 THURSDAY, MARCH 5, 1987 1517 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 1518 JOURNAL OF THE SENATE 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; THURSDAY, MARCH 5, 1987 1519 (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. 1520 JOURNAL OF THE SENATE (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 1521 (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 1522 JOURNAL OF THE SENATE 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 THURSDAY, MARCH 5, 1987 1523 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. 1524 JOURNAL OF THE SENATE 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. THURSDAY, MARCH 5, 1987 1525 (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- 1526 JOURNAL OF THE SENATE 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; 1528 JOURNAL OF THE SENATE (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"uutarr 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 1728 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 1729 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 1730 JOURNAL OF THE SENATE 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 1732 JOURNAL OF THE SENATE 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, 1734 JOURNAL OF THE SENATE 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 1736 JOURNAL OF THE SENATE 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 1738 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 1740 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 1741 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 1742 JOURNAL OF THE SENATE 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. MONDAY, MARCH 9, 1987 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. 1744 JOURNAL OF THE SENATE 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 1746 JOURNAL OF THE SENATE 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 1748 JOURNAL OF THE SENATE (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 MONDAY, MARCH 9, 1987 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 1750 JOURNAL OF THE SENATE 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 MONDAY, MARCH 9, 1987 1751 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. 1752 JOURNAL OF THE SENATE 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 MONDAY, MARCH 9, 1987 1753 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 1754 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 MONDAY, MARCH 9, 1987 1755 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. 1756 JOURNAL OF THE SENATE 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 MONDAY, MARCH 9, 1987 1757 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. 1758 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 MONDAY, MARCH 9, 1987 1759 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. 1760 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 MONDAY, MARCH 9, 1987 1761 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. 1762 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 MONDAY, MARCH 9, 1987 1763 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. 1768 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 1770 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 1802 JOURNAL OF THE SENATE 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 1804 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. 1806 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- 1808 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 1814 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, 20nourylreta. 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 1894 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, 1896 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. 1898 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. 1900 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- 1902 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 1904 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. 1906 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 1936 JOURNAL OF THE SENATE 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 1938 JOURNAL OF THE SENATE 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. 1940 JOURNAL OF THE SENATE 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 1942 JOURNAL OF THE SENATE 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- 1944 JOURNAL OF THE SENATE 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 1945 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. 1960 JOURNAL OF THE SENATE 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- THURSDAY, MARCH 12, 1987 1961 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. 1962 JOURNAL OF THE SENATE *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 THURSDAY, MARCH 12, 1987 1963 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 1964 JOURNAL OF THE SENATE 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; THURSDAY, MARCH 12, 1987 1965 (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; 1966 JOURNAL OF THE SENATE (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- THURSDAY, MARCH 12, 1987 1967 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. 1968 JOURNAL OF THE SENATE 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, THURSDAY, MARCH 12, 1987 1969 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- 1970 JOURNAL OF THE SENATE 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 THURSDAY, MARCH 12, 1987 1971 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 1972 JOURNAL OF THE SENATE 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. THURSDAY, MARCH 12, 1987 1973 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- 1974 JOURNAL OF THE SENATE 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. THURSDAY, MARCH 12, 1987 1975 (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. 1976 JOURNAL OF THE SENATE 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 THURSDAY, MARCH 12, 1987 1977 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 1978 JOURNAL OF THE SENATE 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 THURSDAY, MARCH 12, 1987 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 1980 JOURNAL OF THE SENATE 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- THURSDAY, MARCH 12, 1987 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 1982 JOURNAL OF THE SENATE 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. 1984 JOURNAL OF THE SENATE 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 1986 JOURNAL OF THE SENATE 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 THURSDAY, MARCH 12, 1987 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 1988 JOURNAL OF THE SENATE 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 THURSDAY, MARCH 12, 1987 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 1990 JOURNAL OF THE SENATE 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. THURSDAY, MARCH 12, 1987 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 1992 JOURNAL OF THE SENATE 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. THURSDAY, MARCH 12, 1987 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. 2004 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. 2006 JOURNAL OF THE SENATE 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 2008 JOURNAL OF THE SENATE 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 2010 JOURNAL OF THE SENATE 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- 2012 JOURNAL OF THE SENATE 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. THURSDAY, MARCH 12, 1987 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 2014 JOURNAL OF THE SENATE 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- THURSDAY, MARCH 12, 1987 2015 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 2016 JOURNAL OF THE SENATE 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 THURSDAY, MARCH 12, 1987 2017 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 2018 JOURNAL OF THE SENATE /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 THURSDAY, MARCH 12, 1987 2019 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 2020 JOURNAL OF THE SENATE /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 THURSDAY, MARCH 12, 1987 2021 (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; 2022 JOURNAL OP THE SENATE (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." THURSDAY, MARCH 12, 1987 2023 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- 2024 JOURNAL OF THE SENATE 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: 2026 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,,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 2238 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 THURSDAY, MARCH 12, 1987 2239 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 2240 JOURNAL OF THE SENATE 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 THURSDAY, MARCH 12, 1987 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. 2242 JOURNAL OF THE SENATE 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 THURSDAY, MARCH 12, 1987 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 2244 JOURNAL OF THE SENATE 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 THURSDAY, MARCH 12, 1987 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 2246 JOURNAL OF THE SENATE 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 2248 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; 2250 JOURNAL OF THE SENATE (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 THURSDAY, MARCH 12, 1987 2251 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." 2252 JOURNAL OF THE SENATE 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- THURSDAY, MARCH 12, 1987 2253 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 2254 JOURNAL OF THE SENATE 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- THURSDAY, MARCH 12, 1987 2255 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 2256 JOURNAL OF THE SENATE 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. THURSDAY, MARCH 12, 1987 2257 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 2258 JOURNAL OF THE SENATE 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 THURSDAY, MARCH 12, 1987 2259 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 2260 JOURNAL OF THE SENATE 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 2262 JOURNAL OF THE SENATE 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 2264 JOURNAL OF THE SENATE 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 2266 JOURNAL OF THE SENATE 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 2268 JOURNAL OF THE SENATE 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- THURSDAY, MARCH 12, 1987 2269 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. 2270 JOURNAL OF THE SENATE (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 THURSDAY, MARCH 12, 1987 2271 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 2272 JOURNAL OF THE SENATE (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 THURSDAY, MARCH 12, 1987 2273 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- 2274 JOURNAL OF THE SENATE 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- THURSDAY, MARCH 12, 1987 2275 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 2276 JOURNAL OF THE SENATE 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 THURSDAY, MARCH 12, 1987 2277 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. 2278 JOURNAL OF THE SENATE 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. THURSDAY, MARCH 12, 1987 2279 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 2280 JOURNAL OF THE SENATE 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. THURSDAY, MARCH 12, 1987 2281 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. 2282 JOURNAL OF THE SENATE 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. THURSDAY, MARCH 12, 1987 2283 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) Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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) Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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) Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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) Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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) Refer to numerical index for page numbers 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) Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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) Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 u 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 w 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 Refer to numerical index for page numbers INDEX 2449 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers